This Chapter describes the organization of the Commission and the Department and prescribes methods whereby the public may obtain information or make submissions or requests.

Author:

Statutory Authority: Code of Ala. 1975, §§22-22A-5, 22-22A-6, 22-22A-8, 41-22-4, 41-22-5.

History:

For purposes of this Chapter, the following words and phrases, unless a different meaning is plainly required by the context, shall have the following meanings:

(a)"Act" means the Alabama Environmental Management Act, Code of Ala. 1975, §22-22A-1 et seq.

(b)"Commission" means the Environmental Management Commission established by the Act.

(c)"Department" means the Alabama Department of Environmental Management, established by the Act.

(d)"Director" means the Director of the Alabama Department of Environmental Management, appointed pursuant to the Act.

(e)"Person" means any and all persons, natural or artificial, including, but not limited to, any individual, partnership, association, society, joint stock company, firm, company, corporation, institution, trust, estate, or other legal entity or other business organization or any governmental entity, and any successor, representative, agent, or agency of the foregoing.

Author: Ronald W. Farley

Statutory Authority: Code of Ala. 1975, §§22-22A-5, 22-22A-6, 22-22A-8, 41-22-4, 41-22-5.

History: Effective: Filed June 17, 1988. Amended:

(1)The Commission is a statutorily-created seven member commission with the following duties:

(a)To select a Director for the Department of Environmental Management and to advise the Director on environmental matters which are within the Department's scope of authority;

(b)To establish, adopt, promulgate, modify, repeal and suspend any rules, regulations, or environmental standards for the Department which may be applicable to the state as a whole or any of its geographical parts;

(c)To develop environmental policy for the state; and

(d)To hear and determine appeals of administrative actions.

(2)The members of the Commission are appointed for six year terms by the Governor with the advice and consent of the senate. Position qualifications are as follows:

(a)a physician licensed to practice medicine in the State of Alabama who shall be familiar with environmental matters;

(b)a professional engineer registered in the State of Alabama who shall be familiar with environmental matters;

(c)an attorney licensed to practice law in the State of Alabama who shall be familiar with environmental matters;

(d)a chemist possessing as a minimum a bachelor's degree from an accredited university, or a veterinarian licensed to practice veterinary medicine in the State of Alabama, who shall be familiar with environmental matters;

(e)an individual certified by the national water well association certification program;

(f)a biologist or an ecologist possessing as a minimum a bachelor's degree from an accredited university with training in environmental matters;

(g)a resident of the state for at least two years.

(3)The Commission meets regularly, at least once every two months, and keeps a complete and accurate record of the proceedings of its meetings, a copy of which is on file in the office of the Director and open to public inspection.

Author: Ronald W. Farley

Statutory Authority: Code of Ala. 1975, §§22-22A-5, 22-22A-6, 22-22A-8, 41-22-4, 41-22-5.

History: Effective: Filed June 17, 1988. Amended:

(1)The Department is under the direction, supervision, and control of the Director who is designated by the Commission.

(2)The Director is assisted by a Deputy Director who is a merit system employee and who has charge and general supervision of the Department in the absence or disability of the Director.

(3)The Director establishes Divisions for the purposes of distributing duties, responsibilities, and work among the various personnel of the Department.

(4)The Deputy Director, Division Chiefs, and all other Departmental personnel are merit system employees selected by the Director consistent with the provisions of merit system law and the rules and regulations of the State Personnel Board.

Author: Ronald W. Farley

Statutory Authority: Code of Ala. 1975, §§22-22A-5, 22-22A-6, 22-22A-8, 41-22-4, 41-22-5.

History: Effective: Filed June 17, 1988. Amended:

(1)To provide for the implementation of environmental programs and policies.

(2)To serve as the state agency responsible for administering federally approved or federally delegated environmental programs.

(3)To provide for a unified environmental regulatory and permit system.

(4) To provide for a coordinated statewide program of air pollution prevention, abatement, and control.

(5)To provide for a coordinated statewide program to assure adequate safeguards for management of hazardous wastes from the point of generation through handling, processing, and final disposition.

(6)To provide for a coordinated statewide program to manage the disposal of solid wastes.

(7)To provide for a coordinated statewide program for the prevention, abatement, and control of new and existing water pollution.

(8)To provide for a coordinated statewide program for the control of public water systems insofar as purity, potability, wholesomeness, and physical quality of water.

(9)To provide for enforcement of the Alabama Coastal Area Management Program designed to preserve, enhance, and develop the valuable resources in Alabama's coastal area.

(10)To issue, modify, suspend, or revoke orders, citations, notices of violation, certifications, or permits.

(11)To provide for the collection of environmental data concerning the quality of the state's air, water, and land resources.

Author: Ronald W. Farley

Statutory Authority: Code of Ala. 1975, §§22-22A-5, 22-22A-6, 22-22A-8, 41-22-4, 41-22-5.

History: Effective: Filed June 17, 1988. Amended:

(1)Public inspection of records. Except as provided herein, any records, reports, rules, forms, or information obtained under the Act and the official records of the Department shall be available to the public for inspection. Requests for permission to inspect such records should be made to the Department of Environmental Management at its Montgomery, Alabama office, unless otherwise directed in published organizational, procedural, or regulatory statements pertaining to specific records or classes of records. Such requests should state the general subject matter of the records sought to be inspected to permit identification and location.

(2)EXCEPTION. Upon a showing satisfactory to the Director by any person that records, reports, or information, or particular parts thereof (other than emission, effluent, manifest, or compliance data) to which the Department has access, if made public, would divulge production of sales figures or methods, processes, or production unique to such person, or otherwise tend to affect adversely the competitive position of such person by revealing trade secrets, the Director shall consider such records, reports, or information, or particular portion thereof, confidential. Any showing of confidentiality must be based on statutory authority which empowers the Department to grant confidentiality for the particular program in question and must accompany the documents, records, reports, or information provided to the Department. If a claim covering the information is received after the information itself is received, efforts, as are administratively practicable can be made, will be made to associate the late claim with the copies of the previously submitted information in the file.

(3)Requests for records and information must be made to the Office of the Director at the Department's Montgomery address. Responses to such requests shall be made within 10 working days after receipt in the Office of the Director.

(4)Creation of record. Records will not be created by compiling selected items from other documents at the request of a member of the public, nor will records be created to provide the requester with data such as ratios, proportions, percentages, frequency distribution, trends, correlations, or comparisons except as necessary to administer the Act.

(5)Denial of requests for, or non-existence of, information. If it is determined pursuant to this Part that requested information will not be provided or that, to the best knowledge of the Director, requested information does not exist, the Director shall notify in writing the party requesting the information that the request is denied and shall state the reasons for denial and shall maintain a file of such denials.

(6)Copies of documents. If it is determined that information requested may be disclosed, the requesting party shall be afforded the opportunity to obtain copies of the documents containing such information. However, records shall not be released for copying by non-Division personnel except by permission of the Director or his designee. When a determination not to disclose a portion of information requested has been made, records shall be prepared for copying on nonexcepted portions of the information. Cost of providing copies will be the responsibility of the person requesting the copies. Charges are as follows:

(a)30 cents per black and white page 8.5 x 11, 8.5 x 14 or 11 x 17 inches in size.

(b)$1.50 per color page 8.5 x 11, 8.5 x 14 or 11 x 17 inches in size. $3.00 per page for black and white wide format documents such as maps and blue prints. Compact discs are $15.00 each for files retrievable from electronic date bases.

(c)50 cents per page for certified documents.

(d)10 cents per page rounded to the nearest dollar for paper copies of each Division of the regulations. Compact discs of a Division of the regulations are $15.00.

(e)The Department will not invoice unless the charges exceed $10.00.

(7)Requests which do not reasonably describe records sought. The Department may communicate with the requester to clarify records sought and with a view toward reducing the administrative burden of processing a broad request and minimizing the fees payable by the requester.

(8)Public distribution. Any written request for records prepared by the Department for routine public distribution, e.g. pamphlets, copies of speeches, press releases, and education materials, shall be honored.

(9)Disclosure of information to other agencies. Nothing in these rules and regulations shall be construed to prevent disclosure of any report, record, or information obtained under the Act, or any of the official records of the Commission to federal, or state, agencies, or when relevant in any proceedings under the Act.

Authors: Ronald W. Farley, Russell A. Kelly

Statutory Authority: Code of Ala. 1975, §§22-22A-5, 22-22A-6, 22-22A-8, 41-22-4, 41-22-5 .

History: Effective: Filed June 17, 1988. Amended: Filed December 24, 2003; effective January 28, 2004.

(1)Designation as the State Environmental Control Agency. The Department is the State Environmental Control Agency for the purposes of federal environmental law including the Federal Clean Air Act, 42 U.S.C. 7401 et seq., as amended; the Federal Clean Water Act, 33 U.S.C. 1251 et seq., as amended; the Federal Safe Drinking Water Act, 42 U.S.C. A 201 et seq., as amended. The Department is authorized to take all actions necessary and appropriate to secure the benefits of federal environmental laws. The Department operates in conformity with such federal laws, policies, and procedures, as provided in the Act.

(2)Policies and Procedures. The Commission, through the adoption of rules pursuant to Code of Ala. 1975, §22-22A-7(c)(6), establishes environmental policies and procedures.

(3)Form and Instructions. The Director may require such forms within the rules as he deems necessary. The content of such forms and instructions for their completion may be prescribed by the Director including the changes of such from time to time. Federal forms as published by the Environmental Protection Agency may be used in lieu of state developed forms. Departmental forms prescribed by the Director shall be identified and numbered as follows:

Name of FormsForm Number

<table width="100%"> ADEM Baseline Monitoring Report Submittal Form 314 ADEM Field Operation Division NPDES Individual Permit Application 315 Air Permit Application For Gasoline Dispensing Facilities M -1 197 Alabama Coastal Area Management Program Application for Approval of a Non-Regulated Use ADEM Administrative Code Rule 335-8-1-.11 Groundwater Extraction 50 PM or Greater 316 Alabama Hazardous Waste/Used Oil Transporter Permit Application 317 Alabama Tank Trust Fund Cost Proposal Form 318 Alabama Tank Trust Fund Payment Request Form 319 Alternative Analysis 311 Alternative Medical Waste Treatment Technology Equipment Approval Application 323 Annual Certification Form for Discharges Associated with Petroleum Storage and Handling Areas 324 Annual Compliance Statement Form 325 Annual Statistical Inventory Reconciliation (SIR) Report Form 326 Application for a Permit for the Construction for a Motel, Hotel, or Other Multi-Unit Development on a Property Intersected by the Construction Control Line in the Alabama Coastal Area 327 Application for a Permit for the Construction of Single Family Dwellings, Duplexes, or Other Similar Structures on Properties Intersected by the Construction Control Line in the Alabama Coastal Area 328 Application for Alabama Well Driller?s License 193 Application for Approval of a Non-Regulated Use in the Alabama Coastal Area Developments and Subdivisions of Property Greater then 5 Acres in Size 329 Application for Approval to Use a Water Supply Well 259 </table>

Name of FormsForm Number

<table width="100%"> Application for Name Change or Transfer of Permit or Exception M-1 330 Bulk (Gasoline) Plant Application 331 Calculation of Total Annualized Project Cost for Private-Sector Projects 312 Calculation of Total Annualized Project Cost for Public ? Sector Projects 313 Cargo Tank Tightness Test Report 309 Cathodic Protection Monitoring Form 332 CBM NPDES Stormwater Discharge Monitoring Report 333 CBM Toxicity Test Report Summary 334 Chemical Monitoring Data Report 335 Chemical Monitoring Waiver Application 336 Chemical Sampling Chain of Custody Form 337 Clean Water State Revolving Fund (CWSRF) Construction Report Form 338 Clean Water State Revolving Fund (CWSRF) Loan Application Form 339 Clean Water State Revolving Fund (CWSRF) Preapplication Form 340 Clean Water State Revolving Fund (CWSRF) Supplemental General Conditions 341 Coal Permit Precipitation Event Discharge Limitations Exemption Claim Report 342 Coalbed Methane Stormwater Inspection Summary Report 343 Coalbed Methane Temporary Pit Wastewater Land Application Certification Report 344 Community Public Notification Certification Form 345 Community System Susceptibility Analysis Sheet 346 </table>

Name of FormsForm Number

<table width="100%"> Consumer Confidence Report Certification Form 347 Discharge Monitoring Report for CBM Coal ? Type 60 Effluent 348 Discharge Monitoring Report for CBM Coal ? Type 60 Manual 349 Discharge Monitoring Report for CBM Coal ? Type 60 Standard 350 Discharge Monitoring Report for Coal ? Type 1 &amp; Type 3 351 Discharge Monitoring Report for Coal ? Type 11 352 Discharge Monitoring Report for Coal ? Type 13 353 Discharge Monitoring Report for Coal ? Type 14 Sand &amp; Gravel 354 Discharge Monitoring Report for Coal ? Type 14 Fire Clay 355 Discharge Monitoring Report for Coal ? Type 14 Shale ? Common Clay 356 Discharge Monitoring Report for Coal ? Type 15 357 </table>

<table width="100%"> Discharge Monitoring Report for Coal ? Type 38 358 Discharge Monitoring Report for Coal ? Type 5 &amp; Type 7 359 Discharge Monitoring Report for Coal ? Type 9 360 Discharge Monitoring Report for NonCoal ? Type 30 361 Discharge Monitoring Report for NonCoal ? Type 32 362 Discharge Monitoring Report for NonCoal ? Type 34 363 Discharge Monitoring Report for NonCoal ? Type 36 &amp; Type 48 &amp; Type 50 364 Discharge Monitoring Report for NonCoal ? Type 41 365 Discharge Monitoring Report for NonCoal ? Type 42 366 Discharge Monitoring Report for NonCoal ? Type 44 &amp; Type 45 367 </table>

Name of FormsForm Number

<table width="100%"> Discharge Monitoring Report for NonCoal ? Type 46 368 Disposal Approval Request 278 Drinking Water State Revolving Fund (DWSRF) Loan Application Form 369 Drinking Water State Revolving Fund (DWSRF) Preapplication Form 370 Drinking Water State Revolving Fund (DWSRF) Supplemental General Conditions 371 Emissions Statement Reporting Form 372 Excess Emission Monitoring Report 373 Exemption Claim Form for Cofired Combustors (Appendix H - Division 3) 374 Exemption Claim Form For Incinerators Burning Only Pathological, Low-Level Radioactive, and Chemotherapeutic Waste (Appendix H - Division 3) 375 Field Operation Division NPDES Individual Permit Application Addendum Form 376 Field Operation Division NPDES Individual Permit Application Minor Permit Modification Addendum Form 377 Filter Plant Monthly Operational Data Report M-1 242 Gasoline Dispensing Facility Information Survey 378 Gasoline Transport Tank Truck Application 198 General Permit Application Package ? NOI-11 380 General Permit Application Package ? NOI-12 381 General Permit Application Package ? NOI-14 382 General Permit Application Package ? NOI-15 383 General Permit Application Package ? NOI-16 384 General Permit Application Package ? NOI-17 385 General Permit Application Package ? NOI-18 386 General Permit Application Package ? NOI-2 387 </table>

Name of FormsForm Number

<table width="100%"> General Permit Application Package ? NOI-20 388 General Permit Application Package ? NOI-23 389 General Permit Application Package ? NOI-24 390 General Permit Application Package ? NOI-25 391 General Permit Application Package ? NOI-28 392 General Permit Application Package ? NOI-3 393 General Permit Application Package ? NOI-34 394 General Permit Application Package ? NOI-36 395 General Permit Application Package ? NOI-6 396 General Permit Application Package ? NOI-67 397 General Permit Renewal Form 398 Groundwater System Monthly Operational Data Report 8 Hydrograph Control Release (HCR) Attachment 399 Impressed Current Cathodic Protection System 60-Day Inspection Log 400 Individual NPDES Permit Noncompliance Notification (5-day Report) 401 Instrumental Stack Test Observation Checklist 402 Interior Lining Inspection Form 403 Interior Lining Report Form 404 Joint Application and Notification U. S. Department of Army, Corps of Engineers Alabama Department of Environmental Management 166 Lead and Copper Monitoring Data Report 405 Manual Interstitial Monitoring Monthly Log 406 Material Safety Data Sheet Reporting 407 Maximum Residual Disinfectant Level Input Form (Samples) 408 </table>

Name of FormsForm Number

<table width="100%"> Maximum Residual Disinfectant Level Input Form (Sources) 409 Medical Waste Notification Form 410 Medical Waste Transporter Permit Application 411 Medical Waste Treatment Permit Application 412 Method 205 ? Verification of Gas Dilution Systems for Field Instrument Calibrations 413 Monthly Statistical Inventory Reconciliation (SIR) Report 414 Municipal POTW SSO/MS4 Event Reporting Form 415 Municipal Water Pollution Prevention (MWPP) Annual Report (Collection Systems) Package 416 Municipal Water Pollution Prevention (MWPP) Annual Report Package 417 Municipal Water Pollution Prevention Resolution Form 418 MWPP Sewage Sludge Survey 419 Non-Community Public Notification Certification Form 420 Non-Compliance Report Form 421 Notice of Intent to Permanently Close Underground Storage Tanks 422 Notice of Proposed UST New Installation or Upgrade 423 Notice of Temporary Closure 310 Notification ? Above the Threshold Planning Quantities (TPQ) of Extremely Hazardous Substances 424 Notification for Above Ground Storage Tanks 283 Notification for Underground Storage Tanks 279 Notification of Election of Coverage under The Alabama Drycleaning Environmental Response Trust Fund Act 425 Notification of Intent to Drill a Water Well 60 </table>

Name of FormsForm Number

<table width="100%"> Notification of Regulated Waste Activity M 2 8700-12 Nox Budget Permit Application Form 426 Nox Budget Retired Unit Exemption Claim Form 427 NPDES AFO/CAFO Waste Management System Plan (WMSP) Qualified Credentialed Professional (QCP) ? Professional Engineer (PE) Certification Report 428 NPDES Annual Notice of Registration (NOR) 429 NPDES Discharge Monitoring Report Form (Monthly) 430 NPDES Discharge Monitoring Report Form (Quarterly) 431 NPDES Individual Permit Pollution Abatement/Treatment Measures and Sediment Control Structures Certification Report 432 NPDES Permit Application Supplementary Information M-1 187 NPDES Permitted Coalbed Methane Operations Pollution Abatement/Treatment Measures and Waste Treatment Facilities Certification Report 433 Open Burning Incident Report 434 Operating Permit Application Facility Identification Form 103 Operator Certification Application 89 Operator Certification Renewal Form 435 Perc Dry Cleaner Status Update 436 Permit Application for Air Pollution Control Device 110 Permit Application for Compliance Schedule 437 Permit Application for Continuous Emission Monitoring Systems (CEMS) 438 Permit Application for Indirect Heating Equipment 104 Permit Application for Loading and Storage of Organic Compounds 108 Permit Application for Manufacturing or Processing Operation 105 </table>

Name of FormsForm Number

<table width="100%"> Permit Application for Solvent Metal Cleaning 112 Permit Application for Stationary Internal Combustion Engines 107 Permit Application for Volatile Organic Compound Surface Coating Emission Source 109 Permit Application for Waste Disposal 106 Permit Application Solid Waste Disposal Facility 439 Permit Application Solid Waste Disposal Facility Construction/Demolition Landfill 305 Petroleum Solvent Dry Cleaning Questionnaire 440 Plant and Collection System Personnel Inventory 441 Potable Water Laboratory Certification Application 442 Progress Report Form 443 Project Completion Form 444 PSD Project Information Form 445 Purchase Water System Monthly Operation Report 185 Raw Sewage Bypass and Overflow Event Reporting Form 446 Registration Form for the Construction, Installation, or Modification of an Incinerator 52 Release Information Form 447 Remediation Approval Form 448 Remediation Reporting Form 449 Representative Stormwater Outfall Certification 450 Request for Coal Permit Post-Mining Discharge Limitations 451 Request for Release from Monitoring and Reporting Requirements 452 Request to Remove Subsurface Withdrawal From Discharge Structure 453 </table>

Name of FormsForm Number

<table width="100%"> Request to Remove Treatment Basin/Pond or Other Discharge Structure 454 Required Information for Mixing Zone Modeling 455 Seal Gap Test Form 184 Segmental Water System Certification Application 456 SID Discharge Monitoring Report Form (Monthly) 457 SID Discharge Monitoring Report Form (Quarterly) 458 Solid Waste Profile Sheet 300 SRF Payment Request Form 459 Stabilization Lagoon Inspection Report 257 State Indirect Discharge Permit Application M-1 186 Statistical Inventory Reconciliation SIR 7 Day Release Investigation Notice Form 460 Surface Source Susceptibility Analysis Worksheet 461 Tank Trust Fund Eligibility/Ineligibility Determination Form 462 Toxicity Discharge Monitoring Report Form 464 Toxicity Test Report Summary 465 Transfer Agreement Form 466 UIC Permit Application Existing Discharge M-1 467 UIC Permit Application New Discharge M-1 468 Underground and Above Ground Storage Tank Transfer of Ownership 469 USDA/NRCS Waste Storage Pond (WSP) and Waste Treatment Lagoon (WTL) Evaluation 470 UST ARBCA Tier 1 Report Forms 471 UST ARBCA Tier 2 Report Forms 472 UST ARBCA Tier 3 Report Forms 473 </table>

Name of FormsForm Number

<table width="100%"> UST Closure Site Assessment Report Form 474 UST Free Product Recovery Report Form 475 UST Groundwater Monitoring Report Form 476 UST Line Tightness Test Report Form 477 UST Natural Attenuation Monitoring Report Form 478 UST Release Fact Sheet 479 UST Release Report Form 480 UST Site Classification System Checklist 481 UST System Effectiveness Monitoring Report Form 482 UST Tracer Tank Tightness Test Report Form 483 UST Ullage Tank Tightness Test Report Form 484 UST Vacuum Tank Tightness Test Report Form 485 UST Volumetric Overfill Tank Tightness Test Report Form 486 UST Volumetric Underfill Tank Tightness Test Report Form 487 Water Supply Construction Permit Application 488 Water Supply Permit Application (Modification) 489 Water Supply Permit Application (Renewal) 490 Water System Update 491 UST Closure Total Potential Voc Emissions Calculations 492 112(j) Part 1 Applicability Notification 493 Birmingham Fuel Supplier Report 494 Major Source Operation Permit Skeleton Form 495 Notice of Demolition and/or Asbestos Removal 496 Asbestos Removal Contractor Certification 497 </table>

Name of FormsForm Number

<table width="100%"> NPDES Construction, Noncoal/Nonmetallic Mining and Dry Processing Less than Five Acres, Other Land Disturbance Activities Notice of Registration Form 498 NPDES Construction, Noncoal Mining Less than Five Acres Stormwater Registration Termination Request and Certification Form 499 NPDES Construction, and Noncoal Mining Less than Five Acres Stormwater Inspection Report and BMP Certification Form 500 NPDES Construction, and Noncoal Mining Less than Five Acres Stromwater Noncompliance Notification Report Form 501 Visible Emission Field Test Sheet 502 General Permit for Phase II Small Municipal Separate Storm Sewer Systems (MS4) ALNOI 503 Technical Proposal for Qualification as a Scrap Tire Fund Remediation Center 530 Hydrogeology Unit Evaluation Report Form 531 UIC Permit Application for Coal Mining Wastewater 532 Documentation of Disability Related Needs 533 EHS Notification Form 534 CT Profiling Spreadsheet 535 Scrap Tire Manifest 536 Scrap Tire Registration &amp; Exemption Application 537 Scrap Tire Transporter Permit Application 538 Scrap Tire Quarterly Report 539 Scrap Tire Processor Permit Application 540 Scrap Tire Site Registration 541 </table>

Authors: Marilyn Elliott, Russell A. Kelly

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-8, 411-22-4, 41-22-5.

History: Amended: Filed June 26, 2002; effective July 31, 2002. Amended: Filed December 19, 2002; effective January 23, 2003. Amended: Filed June 30, 2004; effective August 4, 2004.

EXPLANATORY NOTE FOR CHAPTER 335-1-1

GENERAL ADMINISTRATION REGULATIONS

On their effective date, August 1, 1988, portions of these regulations replaced existing regulations covering the issues of organization and availability of public information contained in chapters administered by the Air and Water Divisions of the Department. Specifically, the following regulations were repealed when this chapter was adopted:

1.ADEM Air Regulations Part 1.3--"Organization" of the Air Pollution Control Rules and Regulations.

2.ADEM Air Regulations Part 1.4--"Availability of Records and Information" of the Air Pollution Control Rules and Regulations.

3.ADEM Air Regulations Part 1.5--"Employee Responsibilities and Conduct" of the Air Pollution Control Rules and Regulations.

4.ADEM Water Quality Regulations Chapter 335-6-1-.03--"Public Information" of the Water Division - Water Quality Program rules.

Author: Ronald W. Farley

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-8, 41-22-4, 41-22-5.

History: Effective: Filed June 17, 1988. Amended:

This Chapter prescribes the procedures for the submission, consideration and disposition of petitions for declaratory rulings.

Authors: David A. Ludder, Ronald W. Farley

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-8, 41-22-11.

History: Effective March 6, 1987. Amended:

For purposes of this Chapter, the following words and phrases shall have the following meanings, unless a different meaning is plainly required by the context:

(a)"declaratory ruling" means a written decision identified as a declaratory ruling and issued by the Department with respect to the validity of a rule, the applicability of any rule or statute enforceable by the Department to any person, property, or existing state of facts or facts certain to arise, or the meaning and scope of any order issued by the Department.

(b)"Department" means the Alabama Department of Environmental Management established by the Alabama Environmental Management Act, Code of Ala. 1975, &#167;22-22A-1 et seq., as amended.

(c)"order" means those orders issued by the Department pursuant to Code of Ala. 1975, &#167;22-22A-5, as amended, or any other statute administered by the Department.

(d)"person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency as defined in Code of Ala. 1975, &#167;41-22-3.

Authors: David A. Ludder, Ronald W. Farley

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-8, 41-22-11.

History: Effective March 6, 1987. Amended:

Any person substantially affected by a rule, order or statute may petition the Department for a declaratory ruling to determine the validity of the rule, the applicability of the rule or statute enforceable by the Department, or the meaning and scope of the order issued by the Department by making and filing a written petition in accordance with Rule 335-1-4-.04. At least ten days prior to filing a petition, the prospective petitioner must present in writing the substance of his question to the Department to determine that in the opinion of the Department no previously issued declaratory ruling addresses the question in a manner sufficient to resolve the matter without the need for further consideration by the Department.

Authors: David A. Ludder, Ronald W. Farley

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-8, and 41-22-11.

History: Effective March 6, 1987. Amended:

(1)A petition requesting a declaratory ruling shall be in writing and shall contain the following information:

(a)the name, address and telephone number of the person making the petition;

(b)a statement identifying the rule, statute or order, and provision thereof, on which the declaratory ruling is sought;

(c)a statement of the exact question presented to the Department for ruling;

(d)a statement of the particular facts sufficient to show that the petitioner is substantially affected by the rule, statute or order on which the declaratory ruling is sought, and sufficient to answer the question presented to the Department for ruling;

(e)a statement identifying all other rules, statutes, orders or statements from officials of the Department, whether formal or informal, which are relevant to the question presented by the petition;

(f)a statement of the reasons for submitting the petition, including a full disclosure of the petitioner's interest in obtaining the declaratory ruling;

(g)a statement as to whether the question presented by the petitioner is presently pending before or under consideration by the Department or any other adjudicative body;

(h)a statement certifying that the preliminary written inquiry of previously issued declaratory rulings has been made of the Department as required by Rule 335-1-4-.03 and providing the details of any reply to his preliminary inquiry including a copy of any written response received; and

(i)subscription and verification of the petition before a notary.

(2)A petition for a declaratory ruling shall be filed with the Department by delivering the same, either personally or by United States Mail as certified mail, return receipt requested with instructions to the delivering postal employee to show to whom delivered, date of delivery, and address where delivered to:

Director

Alabama Department of Environmental Management

1400 Coliseum Boulevard

Montgomery, Alabama 36110

(3)A petition for declaratory ruling may be accompanied by a memorandum which urges the Department to issue a declaratory ruling of specified content. Such memorandum should contain the arguments therefor and any relevant authorities in support thereof.

Authors: David A. Ludder, Ronald W. Farley, Russell Kelly

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-8, 41-22-11.

History: Effective March 6, 1987. Amended: Filed December 6, 2001; effective January 9, 2002.

(1)After determining whether any circumstances exist which preclude the issuance of a declaratory ruling under Rule 335-1-4-.06, the Department shall, not later than 45 days after receipt of the petition, either:

(a)issue a declaratory ruling;

(b)deny the request for a declaratory ruling; or

(c)fail to respond to the petition in which case the Department's failure to respond shall be deemed to be a denial of the request for a ruling as well as a denial of the merits of the request.

(2)All declaratory rulings and written denials of requests for declaratory rulings issued by the Department shall contain an explanation of the relevant facts and conclusions which served as the basis for the ruling or the denial.

Authors: David A. Ludder, Ronald W. Farley

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-8, and 41-22-11.

History: Effective March 6, 1987. Amended:

Circumstances in which declaratory rulings will not be issued include, but are not necessarily limited to:

(a)lack of jurisdiction;

(b)lack of clarity concerning the question presented;

(c)the existence of pending or imminent litigation or administrative action or adjudication which may either answer the question presented by the petition or otherwise make an answer unnecessary;

(d)the petition presents a hypothetical question or otherwise presents an issue not of immediate concern to or having impact on the petitioner;

(e)the statute, rule, or order on which a declaratory ruling is sought is clear and not in need of interpretation to answer the question presented by the petition;

(f)the facts presented in the petition are not sufficient to answer the question presented;

(g)the petition fails to contain any of the information required by Rule 335-1-4-.04;

(h)the petitioner is not substantially affected by the rule, statute or order on which a declaratory ruling is sought;

(i)the petitioner is not faced with existing facts or those certain to arise which raise a question concerning the rights, status, or other legal relations between the petitioner and the Department;

(j)no controversy exists concerning the petitioner and regarding the validity of any rule, the applicability of any rule or statute enforceable by the Department or the meaning and scope of any order issued by the Department;

(k)the question presented by the petition concerns the validity of a statute;

(l)the petitioner has not suffered an injury or threatened injury fairly traceable to the validity of any rule, the application of any rule or statute enforceable by the Department or the meaning or scope of any order issued by the Department; or

(m)the injury suffered by or threatened to the petitioner cannot be remedied by a declaratory ruling or other relief following therefrom.

Authors: David A. Ludder, Ronald W. Farley

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-8, 41-22-11.

History: Effective March 6, 1987. Amended:

The provisions of this Chapter shall apply to any person making application to the Department for issuance, reissuance or modification of a permit, registration, license or certification, except as provided in Rule 335-1-6-.03.

Author: Marilyn Elliott

Statutory Authority: Code of Ala. 1975, &#167;22-22A-5.

History: Effective February 13, 1985. Amended: Filed December 12, 1996; effective January 16, 1997. Amended: Filed February 24, 1999; effective March 31, 1999.

The words or phrases used in this Chapter shall have the meanings provided in the rules and regulations applicable to the particular application involved unless the word or phrase is defined in this Rule. For the purposes of this Chapter, the following words or phrases shall have the following meanings:

(a)"Greenfield site" shall mean a new development or the initial operation of a new facility or a facility or operation not previously permitted.

(b)"Minor NPDES modification" shall mean a termination or a modification not requiring a public notice.

Author: Marilyn Elliott

Statutory Authority: Code of Ala. 1975, &#167;22-22A-5.

History: Effective February 13, 1985. Amended: October 30, l990. Amended: Filed December 12, 1996; January 16, 1997.

No fee is required for making the following applications:

(a)applications for the issuance, reissuance or modification of permits for Class V wells of the type specified in subparagraph (1)(1.) of Rule 336-6-8-.02 provided that no pollutants other than heat are injected and the heating or cooling unit(s) serve only a single family dwelling;

(b)applications for a license, variance or permit modification to correct clerical, typographical or calculation errors; and

(c)applications for the issuance, reissuance, or modification of Operating Permits for Major Sources of air pollution, Chapter 335-3-16.

Author: Marilyn Elliott

Statutory Authority: Code of Ala. 1975, &#167;22-22A-5.

History: Effective February 13, 1985. Amended: Filed November 23, 1993; effective December 28, 1993. Amended: Filed December 12, 1996; effective January 16, 1997. Amended: Filed December 5, 2001; effective January 9, 2002.

(1)Except as provided in paragraph (2) of this Rule, any person making application to the Department for the issuance, reissuance or modification of a permit shall be subject to a three-part application fee consisting of the following:

(a)a fee of $550 per application relating to a greenfield site. This fee shall not apply to General permits or applications subject to Schedule B and F or to AFO/CAFO registration if continuing education certification is submitted with initial registration and each annual registration request as required by Rule 335-6-7-.18;

(b)a fee which shall be the sum of the fees for each applicable type of permit application, and each action deemed necessary to complete evaluation of the application, as specified in Fee Schedules A through G; and

(c)a public hearing fee of $2,900 if a public hearing relating to the permit application is held.

(2)Any person making application to the Department for modification of a permit to change the name of the permittee only or to transfer the permit only shall be subject to a $275 fee per application.

(3)Fees required by AFO/CAFO registration may be suspended by category by the Director to reflect the budgetary circumstances of the AFO/CAFO program.

Authors: Marilyn Elliott, Russell Kelly

Statutory Authority: Code of Ala. 1975, &#167;22-22A-5.

History: Effective February 13, 1985. Amended: October 30, l990. Amended: Filed December 12, 1996; effective January 16, 1997. Amended: Filed February 24, 1999; effective March 31, 1999. Amended: Filed December 5, 2001; effective January 9, 2002.

Any person making application for the issuance, reissuance or modification of a water quality certification pursuant to section 401 of the Federal Water Pollution Control Act, 33 U.S.C. &#167;1341, and/or making request for a permit or consistency determination pursuant to Chapter 335-8-1, shall be subject to the highest applicable fee as provided in Fee Schedule B or F, as appropriate.

Author: Marilyn Elliott

Statutory Authority: Code of Ala. 1975, &#167;22-22A-5.

History: Effective February 13, 1985. Amended: October 30, l990. Amended: Filed December 12, 1996; effective January 16, 1997.

Any person making application for the issuance or reissuance of a variance, license or certification shall be subject to a fee as provided in Fee Schedule G.

Authors: Marilyn Elliott, C. Edwin Johnston

Statutory Authority: Code of Ala. 1975, &#167;22-22A-5.

Effective: February 13, 1985. Amended: October 30, l990. Amended: Filed December 12, 1996; effective January 16, 1997.

(1)Payment of permit application/registration fees required under subparagraphs (1)(a) and (1)(b) or paragraph (2) of Rule 335-1-6-.04 shall be included with the permit application/registration. No permit application shall be processed without payment of such fees.

(2)Any fee required under subparagraph (1)(c) of Rule 335-1-6-.04 shall be billed to the applicant. Payment of such fee shall be made within thirty days of the invoice date. No final decision regarding the permit application shall be made until after payment of such fee. Failure to make payment as provided herein shall constitute cause for non-processing/denial of the permit application.

(3)Payment of fees required under Rule 1-6-.05 shall be made within thirty days of the date of the invoice which the Department shall send to the person making the application or request or requiring the certificate.

(4)Payment of fees required under Rule 335-1-6-.06 shall be included with the application for such license, variance or certification. No application shall be processed without payment of such fees.

(5)All fees paid pursuant to the requirements of this Chapter shall be non-refundable.

(6)All fees and remittances shall be made payable to the Alabama Department of Environmental Management.

Authors: Marilyn Elliott, Russell Kelly

Statutory Authority: Code of Ala. 1975, &#167;22-22A-5.

History: Effective February 13, 1985. Amended: Filed December 12, 1996; effective January 16, 1997. Amended: Filed February 24, 1999; effective March 31, 1999. Amended: Filed December 5, 2001; effective January 9, 2002. Amended (Schedule H only): Filed April 11, 2002; effective May 16, 2002. Amended (Schedules B, C, D, E, &amp; F only): Filed August 29, 2002; effective October 3, 2002. Amended (Added Schedule I only): Filed June 30, 2004; effective August 4, 2004.

Schedule A

Air Quality Permits

Type of ActivityFee

Permit Application 250

Non-Attainment Review Submittal Fee (Per Application) 825

LAER Determination (Per Permit per Pollutant) 325

PSD Review (Per Application) 825

BACT Determination (Per Pollutant) 325

State Regulations Only (Per Permit) 200

NESHAPS Review (Per Permit) 825

MACT/112(g) Determination (Per Pollutant) 325

Non-Criteria Air Pollutant Review (Per Pollutant) 650

NSPS Review (Per Permit) 950

Modeling Review3000+

$500/pollutant

Emission Inventory Preparation 500+

$50/point

Meteorological Data 375

Permit Preparation (Per Permit) 250

Public Comment Period (Per Application) 250

Review of Preconstruction Monitoring Network/data2550

Certification and Recertification of Asbestos 250

Removal Contractors

Name Change (335-1-6-.04(2)) 275

+50 per permit

Fee Schedule B

Coastal Use Permits Statewide Water Quality

and Certification and Project Reviews

Type of ActivityFee

Commercial and/or Residential Development

(a)Commercial and Residential Development 3100

(335-8-2-.11) greater than 5 acres and less than 25 acres in size.

(b)Commercial and Residential Development 6550

(335-8-2-.11) greater than 25 acres and less than l00 acres in size.

(c)Commercial and Residential Development 8900

(335-8-2-.11) 100 acres or greater in size.

Groundwater extraction from a well having capacity1375

of 50 gpm or more (335-8-2-.09).

Construction on Beaches and Dunes (335-8-2-.08)

(a)1 single family dwelling or 1 duplex. 450

(b)2 single family dwellings or 2 duplexes. 600

(c)Commercial (non-residential) structure, multi-unit6000

residential structure having more than 2 units, or any other combination of living units not covered under (a) or (b) above.

(d)Hardened erosion control structure, including 700

retaining walls, seawalls, bulkheads and similar structure, or the placement of rip-rap.

Beach Nourishment Projects on Gulf Beaches

(a)Gulf Beach Nourishment Project filling less than 650

1,000 square feet of State waterbottoms.

(b)Gulf Beach Nourishment Project filling 1,0001300

square feet to 10,000 square feet of State waterbottoms.

(c)Gulf Beach Nourishment Project filling greater2400

than 100,000 square feet of State waterbottoms.

Projects Impacting Wetlands

(a)Project involving the dredging or filling of less 725

than 1,000 square feet of wetlands.

(b)Project involving the dredging or filling of 1,0001450

square feet or more of wetlands.

(c)Pile Supported residential, multifamily or1350

commercial structure (does not include piers, walkways, gazebos).

Projects Impacting Water Bottoms

(a)Project involving the filling of less than 1,000 725

square feet of water bottom.

(b)Project involving the filling of 1,000 square feet1450

or more of water bottom.

(c)Project involving the dredging of less than 725

10,000 cubic yards of material from the water bottom.

(d)Project involving the dredging of 10,000 cubic 1450

yards to 100,000 cubic yards of material from the water bottom.

(e)Project involving the dredging of greater than 2700

100,000 cubic yards of material from the water bottom.

(f)Project which involves the construction of coastal1450

or inland marinas, canals, or creek relocation or modification.

(g)Raised creek crossing. 275

Shoreline Stabilization of Non Gulf-Fronting Properties

(a)Shoreline stabilization project involving less 275

than 200 feet of shoreline stabilization, including bulk head construction or placement of rip-rap.

(b)Shoreline stabilization project involving greater 450

than 200 feet of shoreline stabilization including bulkhead construction or placement of rip-rap.

Groin, jetty, and/or other sediment catching shoreline 575

structure.

Construction of pile supported pier, dock, boardwalk, 275

or other similar structure.

Siting, construction and operation of energy facility2250

(335-8-2-.l0).

Mitigation bank project.3000

State agency permits subject to review (335-8-l-.08), not 575

otherwise specified in Schedule B.

Federal activity, licenses, or permits (335-8-l-.09-.l0) 575

not otherwise specified in Schedule B.

Project requiring certification for a Federal Energy2250

Regulatory Commission permit or authorization.

All other projects not otherwise specified in Schedule B 275

which are subject to ADEM?s Division 8 regulations.

Modifications, including extensions, not requiring 275

public notice.

Modifications requiring public notice shall be one-half1/2 or

the fee listed in schedule B but in no case less than$275 275

Additive fee for variance request 1125

Fee Schedule C

Hazardous Waste Permits

<table width="100%"> TYPE OF ACTIVITY INITIAL UNIT (1) NEW DESIGN/ ADDITIONAL UNIT (2) MINOR MOD (3) MAJOR MOD (4) CLOSURE PLAN (5) Permit Type (6) Transport-Hazardous Waste/Used Oil 725 ---- 400 725 ---- Base Application (Non Transporter)(25) Storage (Container/Tank/Containment Building) 2.400 12,525 --- 9,450 --- 800 --- 3,100 2,800 Drip Pad 12,525 9,450 800 3,100 2,800 Treatment (7) 15,900 11,950 1,000 3,925 3,350 Thermal Treatment (8) 38,300 28,750 2,475 9,525 3,350 Land Treatment 21,475 16,150 1,350 5,325 6,725 Waste Pile 18,125 13,650 1,125 4,475 6,725 Surface Impoundment 29,325 22,050 1,850 7,275 6,725 Landfill 37,050 27,825 2,350 9,125 6,725 Post-Closure (9) 28,200 21,200 1,750 7,000 ---- SWMU Only (10) 5,600 ---- 350 1,400 ---- Miscellaneous Units 32,200 24,200 2,000 8,000 ---- Corrective Action Management Unit (17) 14,550 10,925 950 3,650 Varies (18) Remedial Action Plan Certification (17) 14,550 10,925 950 3,650 --- Non-Unit Specific Modifications (11) ---- ---- 400 1,850 ---- Modifications to Incorporate Final Corrective Measures ---- ---- --- 5,000 ---- ADDITIVE FEES (12) Groundwater Contamination (13) Plume Undefined 21,275 15,950 ---- ---- ---- Plume Defined 11,200 8,400 ---- ---- ---- Trial Burn (14) 5,600 ---- ---- ---- ---- RCRA Facility Assessment (RFA) (24) 5,600 ---- ---- ---- ---- RCRA Facility Investigation (RFI) Work Plan Certification (15) 8,400 6,450 ---- ---- ---- Corrective Action System (16) 14,550 10,925 950 3,650 ---- Temporary Unit 12,325 9,250 800 3,075 2,800 Off-Site Waste Analysis Certification (19) 2,800 ---- 280 725 ---- Indirect Risk Assessment (20) 56,000 ---- ---- ---- ---- Confirmatory Sampling (CS) Work Plan Certification (21) 7,000 5,250 ---- ---- ---- Interim Measures (IM) Work Plan Certification (22) 7,000 5,250 ---- ---- ---- Corrective Measures Study (CMS) Certification (23) 8,500 6,500 ---- ---- ---- </table>

Fee Schedule C (cont.)

Page 2

EXPLANATORY NOTES

(1)Fee applies to initial unit (design) of a given type at a facility.

(2)Fee applies to additional designs and/or units of the same type unit or process at a given facility.

(3)Refer to Rule 335-14-8-.04(3) for classification of minor mods. Each separate mod request requires a separate fee payment. Multiple changes to a permit consolidated in one mod request will be charged a single fee for each applicable unit. (e.g., A facility permitted for container storage and a landfill who requests modifications to both units will be charged the appropriate fee for each unit.)

(4)Refer to Rule 335-14-8-.04(2) for classification of major mods. Each separate mod request requires a separate fee payment. Multiple changes to a permit consolidated in one mod request will be charged a single fee for each applicable unit. (e.g., A facility permitted for container storage and a landfill who requests modifications to both units will be charged the appropriate fee for each unit.)

(5)If clean closure is not attained and a post-closure permit is required, then the cost is credited to the post-closure permit fee. Closure plan fees shall be charged per unit to be closed.

(6)Fees for miscellaneous units (Rule 335-14-5-.24) and for other units not specifically listed shall be assessed based on the fees established for the permit type most closely analogous to the activity in question. For example, an open burning/open detonation unit would be assessed fees for thermal treatment; a stabilization unit would be assessed fees for treatment; etc.

(7)Fee applies to all treatment units except land treatment units and thermal treatment units.

(8)Fee applies to incinerators, boilers, industrial furnaces, and other thermal treatment units.

(9)Fee applies to each hazardous waste management unit which is subject to post-closure permitting requirements. Multiple units which are closed under a single (common) cap will be charged the fee for a single post-closure unit. Fee also applies to certification of post-closure plans required by order.

(10)Fee applies to permits which include solid waste management unit (SWMU) requirements (pursuant to ADEM Admin. Code R. 335-14-5-.06(12), 335-14-5-.19, 335-14-80.02(5)(d), but do not include regulated hazardous waste management unit requirements. This fee applies to facilities which have completed all closure and post-closure requirements for regulated hazardous waste management units, but do not complete all SWMU requirements.

(11)Fee applies to modifications which are not unit specific (i.e., mods not affecting the unit type, design, or configuration). Examples: contingency plan changes, transfer of ownership, personnel training plan changes, changes to groundwater monitoring system, etc.

Fee Schedule C (cont.)

Page 3

(12)Additive fees are levied in addition to base application fees as applicable. Total fees due are sum of base application fees and additive fees applicable to a given facility/application.

(13)Initial fee applies to the first contaminant plume at a facility. The additional unit fee will be charged for each additional, separate plume at the same facility.

(14)Fee applies to each trial burn performed.

(15)Initial fee applies to the first RFI workplan at a facility. The additional unit fee will be charged for each additional, separate RFI workplan at the same facility. This fee is also applicable to any work plan required by statute or order that is designed to assess the extent of contamination at a facility or a single unit within a facility.

(16)Fee applies to each separate corrective action system design. Systems which integrate multiple technologies (e.g., pump and treat, biological, chemical, physical, etc.) into a single system shall be charged a single fee for the system. Facilities which have multiple separate systems (e.g., two separate groundwater contamination plumes, one remediated using pump and treat and the other using vapor extraction) shall be charged a separate fee for each separate system. This fee is also applicable to passive corrective measures (e.g. land-use restrictions, monitored natural attenuation).

(17)Fee applies to each separate corrective action management unit (CAMU) or Remedial Action Plan (RAP) designated/approved at a facility. This fee is in addition to any other fees applicable to any hazardous waste management units included within a CAMU or hazardous waste remediation site.

(18)Fee determined based on type of units (Storage - $2,500; Treatment [except Land Treatment] - $3,000; Disposal/Land Treatment - $6,000)

(19)Fee applies to facilities which receive hazardous waste from off-site sources (e.g., commercial facilities).

(20)Fee applies to thermal treatment units required to conduct indirect risk assessments.

(21)Initial fee applies to the first CS work plan at a facility. The additional unit feel will be charged for each additional, separate CS workplan at the same facility.

(22)Initial fee applies to the first IM work plan at a facility. The additional unit fee will be charged for each additional, separate IM workplan at the same facility.

(23)Initial fee applies to the first CMS work plan at a facility. The additional unit fee will be charged for each additional, separate CMS workplan at the same facility.

(24)Fee is charged per each RFA Report prepared for a given facility.

(25)Base application fee Calculated for 10-year permit period

REVISED SCHEDULEFEE SCHEDULE D

WATER PERMITS

Initial Registration/Issuance Modification

Reissuance or Modification(no effluent limit change)

(effluent limit change)(no injection zone change

(injection zone change oror no compatibility study)

compatibility study)

Type of Activity

Major Industrial Discharger 6,175 1,350

Minor Industrial Discharger 1,925 1,075

Major Municipal &amp; Private 2,425 1,125

Minor Municipal &amp; Private &amp; 1,475 775

Water Treatment

Municipal Stormwater 2,425 1,125

Municipal &amp; Private-Sludge Only 925 625

Mineral/Resource Extraction Mining, Storage

Transloading, Dry Processing 2,000 1,175

Wet Preparation, Processing, 2,350 1,350

Beneficiation

Coalbed Methane 2,350 1,350

General Permit 475 275

Minor NPDES Modifications ---- 275

ADDITIVIE FEES

Modeling with Data Collection (10 Stations)31,10031,100

Modeling with Data Collection (5 Stations)25,40025,400

Modeling - desktop 2,500 2,500

Review of Model Performed by Others 500 500

Seasonal Limits 2,500/ 2,500/

additional seasonadditional season

Biomonitoring &amp; Toxicity Limits 350 350

SID

Indirect Discharge (SID) 1,325 725

FEE SCHEDULE D (cont.)

Page 2

Initial Registration/Issuance Modification

Reissuance or Modification(no effluent limit change)

(effluent limit change)(no injection zone change

(injection zone change oror no compatibility study)

compatibility study)

Indirect Discharge with EPA 1,500 900

Established Categorical

Effluent Guidelines

UIC

Class III Well11,550 775

Class V Well 500 75

WATER SUPPLY

Surface Water Treatment 1,575 775

Plant/System

Distribution System 1.025 675

Groundwater supply (Well/System) 1,275 675

Name Change/Permit Minor Mod 275

AFO/CAFO INDIVIDUAL PERMIT 2,550 2,000

AFO/CAFO REGISTRATION

AFO 150 50

CAFO

500 Animal Units 150 50

501 - 1,000 Animal Units 250 150

ADDITIVE FEES

CAFO Registration - Each Additional 225 125

500 Animal Units Over 1,000 - Total

Combined Base and Additive Fee Not

to Exceed $925

Fee Schedule E

Solid Waste Permits/Registration

<table width="100%"> Type of Activity Initial Issuance Modification Reissuance Medical Waste Transfer Facility 700 250 450 New Technology Review 3,500 ---- ---- Commercial Treatment Facility 5,650 2,500 3,150 Commercial Transportation Of Medical Waste 1,200 500 700 Storage of Untreated Medical Waste 900 225 675 Municipal Solid Waste Landfill Minor Mod. (1)* Major Mod. (2)* 28,800 ---- ---- ---- 1,125 11,200 6,400 ---- ---- Construction/Demolition Waste Landfill Minor Mod. (1)* Major Mod. (2)* 2,450 ---- ---- ---- 500 1,000 925 ---- ---- Industrial Waste Landfill Minor Mod. (1)* Major Mod. (2)* 4,350 ---- ---- ---- 500 1,500 1,400 ---- ---- ADDITIVE FEES Geological Review 1,675 1,125 1,125 Solid Waste Disposal Notification 75 75 75 Compost Facility 1,100 600 ---- Variance Request 500 500 500 </table>

*1.These are modifications as included in ADEM Admin. Code Rule 335-13-5-.06(2)

*2.These are modifications as included in ADEM Admin. Code Rule 335-13-5-.06(1)

Fee Schedule F

Construction Stormwater Compliance and NPDES Registration/Authorization Program

Construction Materials Non-Coal Non-Metallic Mining, Excavation, Borrow, Disturbance, Development Dry Processing Storage, and Transloading Sites Less Than Five Acres Base Annual and Additive Registration and General Permit Authorization Fees.

Base Annual Tier 1

Registration, Major Water Fee

DescriptionAuthorizationModification Additive

Fee Fee 1/ Increment 2/

Base Fee ? Sites less than 5 acres.

1. Sites 5 acres and greater require275175125

Individual NPDES Permit Coverage

Construction Base Annual and Additive Registration and General Permit Authorization Fees

1. Base Fee ? Less than 5 acres175175125

2. Base Fee ? 5 acres up to 10 acres275175125

3. Base Fee ? 10 acres up to 25 acres425175125

4. Base Fee ? 25 acres up to 50 acres575175125

5. Base Fee ? 50 acres up to 75 acres725175125

6. Base Fee ? 75 acres up to 100 acres875175125

7. Base Fee ? Greater than 100 acres1,025175125

1/ A Major Modification Additive Increment Fee is required for a request for Major Modification of an existing registration approval or authorization. The increment fee is additive as the disturbed area expands or the permitted area is modified from an existing permitted category through subsequent category(s) and when a new receiving waterbody or waterbody segment is added that was not identified on the NOR/NOI upon which existing permit coverage approval was granted.

2/ An Impacted Watershed Additive Increment Fee, required for all registrations/authorizations for projects discharging to any Tier 1 water, shall be submitted with each initial registration/authorization request, and each Major Modification Request, and each subsequent annual registration/authorization request. The increment fee is additive as the disturbed area expands or the permitted area is modified from an existing permitted category through subsequent category(s) and when a discharge to a Tier 1 water is added that was not identified on the NOR/NOI upon which existing permit coverage approval was granted.

DescriptionAnnual Registration/AuthorizationMajor Modification

Additive Greenfield Fee500---

A Greenfield Fee is not required if continuing education certification acceptable to the Department is submitted with each initial registration/authorization request, each annual

Fee Schedule F (continued)

Page 2

registration/authorization request, or each Major Modification Request, and as otherwise required by the Director or his designee.

Initial Registration Fee Applicability

The initial annual registration fee required under this fee schedule shall not apply to the initial registration request/approval for a construction site granted authorization under General Permit ALG610000 in writing by the Department that is subject to and remits the authorization fee required pursuant to Fee Schedule F, after the effective date of Fee Schedule F and prior to the effective date of the ADEM Phase 2 construction stormwater management program.

Credit/Debit Card Processing Fee

If approved by the Department, any fee paid by credit/debit card in conjunction with electronic submittal of a registration/authorization request is subject to an additional convenience charge required to electronically process fee transaction.

Up-Front Payment of Fees for Extended Duration Permit Coverage

Annual Base and Additive Fees for registrations/authorizations and major modifications can be tabulated and paid for annual coverage increments at one time for up to a maximum 5-year coverage duration.

Fee Schedule G

Variances, Certifications and Licenses

Certification

and Performance

InitialEvaluation (PE)

Type of ActivityIssuanceReissuance Samples

Well Driller's License 200 200----

Water and Wastewater

Operator Certification 60 25----

Microbiological lab certification 125 125----

Chemical laboratory certification

Metals 125 125 140

Cyanide 125 125 80

Pesticides 125 125 260

Herbicides 125 125 150

EDB and DBCP 125 125 80

PCBs 125 125 90

Carbamates 125 125 90

Haloacetic Acids 125 125 115

Chlorite 125 125 80

Bromate 125 125 80

Total Organic Carbon (TOC) 125 125 80

VOC/TTHM 175 175 205

SOC by GC or GC/MS 175 175 90

SOC by HPLC 125 125 90

SOC-Other Methods 125 125 90

Inorganics 175 175 90

Radiologicals 125 125 100

Asbestos 125 125 100

Dioxin 125 125 100

Fee Schedule G (cont.)

Page 2

Type of ActivityInitial IssuanceReissuance

Maximum annual chemical lab 500 500

certification fee Disposal

Certification of Waste at a 125 75

Commercial Hazardous Waste Landfill

Coastal VarianceSee Sch. B ----

Segmented Water System Certification ---- 100

Variance from Classification as a 5,6005,600

Solid Waste Pursuant to Alabama Department of Environmental Management Admin. Code R. 335-14-1-.03(10)

Delisting Certification Pursuant 5,600 ----

to Alabama Department of Environmental Management Admin. Code R. 335-14-1-.03(2)

Variance from a Hazardous Waste1,5001,500

Treatment Standard Pursuant to ADEM Admin. Code R. 335-14-9-.04(5)

Notification of Regulated 60 60

Waste Activity

Variance to be Classified as a 1,5001,500

Boler Pursuant to ADEM Admin. Code R. 335-14-1-.03(12)

Variance to Extend the Effective1,5001,500

Date of and LDR on a Case-by-case Basis

Variance to Allow Land Disposal1,5001,500

Of a Prohibited Waste

Hazardous Waste generator 1,5001.500

Closure Certification

<table width="100%"> FEE SCHEDLE H Brownfield Redevelopment and Voluntary Cleanup Program TYPE OF ACTIVITY WITHOUT VARIANCE OR RISK ASSESSMENT WITH VARIANCE ONLY WITH RISK ASSESSMENT ONLY WITH VARIANCE &amp; RISK ASSESSMENT MINOR MOD MAJOR MOD Application (1) $1,500 $5,000 $1,500 $5,000 NA NA Assessment Plan Review $2,000 $2,000 $2,000 $2,000 $250 $500 Cleanup Plan Review With ADEM Approved Assessment $2,000 $2,000 $3,500 $3,500 $500 $1,000 Without ADEM Previously Approved Assessment (2) $4,000 $4,000 $5,500 $5,500 $500 $1,000 Certificate of Compliance With ADEM Approved Assessment and Cleanup Plan $500 $500 $500 $500 NA NA Without ADEM Previously Approved Assessment and Cleanup Plan (3) $4,500 $4,500 $6,000 $6,000 NA NA Property Eligibility Determination (4) $200 (1) Submittal of the appropriate application fee is required prior to the review of any plans, reports, and, or certifications. Property Eligibility Determinations are excluded from this requirement (2) Submittal must include the assessment plan &amp; assessment report used to develop the cleanup plan. (3) Submittal must include the assessment plan, assessment report used to develop the cleanup plan, the cleanup plan and the final cleanup report. (4) Property eligibility determinations are valid for a period of one year from date of issuance. </table>

FEE SCHEDULE I

SCRAP TIRE PROGRAM PERMITS/REGISTRATIONS

Type of ActivityInitial IssuanceModificationReissuance

Class One Processor Permit$1,200$300$600

Class Two Processor Permit$1,000$250$500

Class Three Processor Permit$1,000$250$500

Class Four Processor Permit$ 200$ 50$100

(see note 1)

Scrap Tire Transporter Permit$ 400$100$200

Limited-use Transporter Permit$ 100$100

(see note 2)

Registration as an Exempt$ 400$100$200

Processor

Registration for Engineered Use$ 400

of Tire Materials

Note 1: This fee is in addition to the scrap tire transporter permit fee for a transporter acting as a processor. A SWDF or Class Two Receiver shall pay this fee only for a processor permit.

Note 2: A limited-use transporter permit is available to property owners remediating a scrap tire pile on their own property, and shall be issued for a limited amount of time and under conditions as prescribed by ADEM.

See ADEM Admin. Code 335-4-3-.03(b) for definitions of processors.

Authors: Marilyn Elliott, Russell Kelly

Statutory Authority: Code of Ala. 1975, &#167;22-22A-5.

History: Amended: Filed February 24, 1999; effective March 31, 1999. Amended (Schedules A ? G): Filed December 5, 2001; effective January 9, 2002. Amended (Added Schedule H): Filed April 11, 2002; effective May 16, 2002. Amended (Schedules B, C, D, E, &amp; F only): Filed August 29, 2002; effective October 3, 2002. Amended (added Schedule I only): Filed June 30, 2004; effective August 4, 2004..

The provisions of this Chapter shall apply to any person who operates a stationary source, except as provided in Rule 335-1-7-.03.

Author: Richard E. Grusnick

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-4, 22-22A-5, 22-22A-6, and 22-22A-8.

History: Effective Date: December 19, 1991. Amended:

The words or phrases used in this Chapter shall have the meanings provided in the rules and regulations applicable to the particular application involved unless the word or phrase is defined in this Rule For the purposes of this Chapter, the following words or phrases shall have the following meanings:

(a)"actual emissions" means the actual rate of emissions in tons per year of any regulated air pollutant emitted by a stationary source. Actual emissions shall be calculated using the stationary source's actual operating hours, production rates, and in-place control equipment, types of materials processed, stored, or combusted during the calendar year which precedes the year the fees are due by one year.

(b)"affected pollutant" means any of the following pollutants: nitrogen oxides, sulfur oxides measured as sulfur dioxide, volatile organic compounds, or particulate matter.

(c)"consumer price index or CPI" means the average of the Consumer Price Index for all-urban consumers published by the Department of Labor, as of the close of the 12-month period ending on August 31 of each year.

(d)"fugitive emissions" are the emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.

(e)"major source" means any stationary source (or any group of stationary sources that are located on one or more contiguous or adjacent properties, and are under common control of the same person or persons under common control belonging to a single major industrial grouping) that is characterized by one of the following categories:

1.emits or has the potential to emit 10 tons per year or more of any hazardous air pollutant which has been listed in section 112(b) in the Clean Air Act (except radionuclides) or 25 tons per year or more of any combination of such hazardous air pollutants. Emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources for hazardous air pollutants.

2.emits or has the potential to emit 100 tons per year or more of any regulated pollutant. The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source unless the source belongs to one of the following categories of stationary source:

(i)Coal cleaning plants (with thermal dryers)

(ii)Kraft pulp mills

(iii)Portland cement plants

(iv)Primary zinc smelters

(v)Iron and steel mills

(vi)Primary aluminum ore reduction plants

(vii)Primary copper smelters

(viii)Municipal incinerators capable of charging more than 250 tons of refuse per day.

(ix)Hydrofluoric, sulfuric, or nitric acid plants

(x)Petroleum refineries

(xi)Lime plants

(xii)Phosphate rock processing plants

(xiii)Coke oven batteries

(xiv)Sulfur recovery plants

(xv)Carbon black plants

(xvi)Primary lead smelters

(xvii)Fuel conversion plants

(xviii)Sintering plants

(xix)Secondary metal production plants

(xx)Chemical process plants

(xxi)Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input

(xxii)Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.

(xxiii)Taconite ore processing plants.

(xxiv)Glass fiber processing plants.

(xxv)Charcoal production plants

(xxvi)Fossil-fuel fired steam electric plants of more than 250 million British thermal units per hour of heat input

(xxvii)All other stationary source categories regulated under sections 111 or 112 in the Clean Air Act.

(f)"potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is federally-enforceable.

(g)"regulated pollutant", means the following:

1.nitgrogen oxides or any volatile organic compound

2.any pollutant for which a national ambient air quality standard has been promulgated.

3.any pollutant that is subject to any standard promulgated under sections 111 of the Clean Air Act.

4.any pollutant subject to a standard promulgated under 112 or the requirements established under section 112 of the Act including sections 112(g), and (j) of the Act, including the following:

(i)any pollutant subject to requirements under section 112(j) of the Act. If the Administrator fails to promulgate a standard by the date established pursuant to section 112(e) of the Act, any pollutant for which a subject source would be major shall be considered to be regulated on the date 18 months after the applicable date established pursuant to section 112(e) of the Act; and

(ii)any pollutant for which the requirements of section 112(g)(2) of the Act have been met, but only with respect to the individual source subject to section 112(g)(2) requirement.

(h)"stationary source" means any activity or piece of equipment at a building, structure, facility, or installation that emits or may emit any air pollutant.

Author: Richard E. Grusnick

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-4, 22-22A-5, 22-22A-6, and 22-22A-8.

History: Effective Date: December 19, 1991. Amended: Filed November 23, 1993; effective December 28, 1993.

(1)Stationary sources which are not major sources as defined in 335-1-7-.02 are exempt from annual fee payments.

(2)Stationary sources which are subject to Phase I of Title IV in the 1990 Clean Air Act Amendments are exempt from the payment of fees for the calendar years through 1999.

(3)Fugitive emissions shall be exempt from the fees paid in Schedules A and B of this Chapter.

(4)Stationary sources within the boundaries of Jefferson County and the City of Huntsville shall be exempt from the payment of fees if each said source pays an equivalent amount to either the Jefferson County Department of Health or the City of Huntsville Department of Natural Resources and Environmental.

Author: Richard E. Grusnick

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-4, 22-22A-5, 22-22A-6, and 22-22A-8.

History: Effective Date: December 19, 1991. Amended:

(1)Major sources which have actual emissions of 1000 tons or more per year of an affected pollutant in the calendar years 1991, 1992, and 1993 shall pay permit fees to the Department according to Schedule A of this Chapter for pollutants which are limited by regulation in ADEM Administrative Code R. 335-1-14, 335-3 or by a permit condition developed pursuant to these requirements.

(2)Major sources which have actual emissions of 100 tons or more per year but less than 1000 tons per year of an affected pollutant in the calendar years 1992 and 1993 shall pay permit fees to the Department according to Schedule B of this Chapter for pollutants which are limited by regulation in ADEM Administrative Code R. 335-1-14, 335-3 or by a permit condition developed pursuant to these requirements.

(3)Beginning in the calendar year 1995, fees will be due on May 1 for every major source at the rate of $25 per ton plus the difference in the CPI of the year the fees were assessed and the CPI of 1989 for each regulated pollutant, except carbon monoxide, as defined in 335-1-7-.02(g), for the actual emissions during the calendar year 1994. Each subsequent year, fees will be due on May 1 for the emissions of regulated pollutants during the year which precedes the year the fees are due by one year.

(4)Emissions from a major source of any pollutant subject to fees in this chapter which are emitted at a rate greater than 4000 tons per year shall be defined as 4000 tons per year for the purposes of assessing fees for each said pollutant.

(5)Emissions of a regulated pollutant shall not be counted more than once in determining fees.

(6)Facilities having paid fees for 1991 and/or, 1992, and/or 1993 emissions as assessed according to Fee Schedules A or B shall be given credit on the amount owed in the following five years (1995-1999), until the sum of the amount paid in 1992, 1993, and 1994 equals the amount of credit allowed. The fee credits shall be subtracted from the total fees due the Department after annual assessment at $25.00 per ton plus CPI. The annual total due to the Department shall be calculated as follows:

1995 fees assessed minus 30% 1992-1994 Total

1996 fees assessed minus 25% 1992-1994 Total

1997 fees assessed minus 20% 1992-1994 Total

1998 fees assessed minus 15% 1992-1994 Total

1999 fees assessed minus 10% 1992-1994 Total

(7)If at the end of any fiscal year, the amount of operating permit fees carried over in the Air Division budget exceeds the amount of the Air Division budget for that fiscal year, the operating permit fees shall be reduced the following year.

Author: Richard E. Grusnick

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-4, 22-22A-5, 22-22A-6, and 22-22A-8.

History: Effective Date: December 19, 1991. Amended: Filed November 23, 1993; effective December 28, 1993.

(1)Payment of operating permit fees required under 335-1-7-.04 shall be made on or before May 1 of each year beginning in 1992.

(2)Failure to submit payment as required in this Chapter shall be cause for revocation of air permit(s).

(3)Failure to make payment of fees within 30 days of the date the fees are due as provided in 335-1-7-.05(1) shall be cause for the Department to assess a late fee of 3% (of the original fee) per month or fraction thereof.

(4)All fees paid pursuant to the requirements of this Chapter shall be non-refundable.

(5)All fees and remittances shall be made payable to the Alabama Department of Environmental Management.

(6)Within 60 days of payment of the fees, the Department shall advise the source that it agrees with the actual emission estimate used to calculate the fees, disagrees with the actual emission estimate used to assess the fees or needs additional information. When the Department sends a letter agreeing with actual emission estimates, it may not reassess the fees for the year in question unless it determines that the source intentionally provided erroneous information.

(7)All fees generated by this program will be used to directly and indirectly support the Air Program.

Author: Richard E. Grusnick

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-4, 22-22A-5, 22-22A-6, and 22-22A-8.

History: Effective Date: December 19, 1991. Amended:

SCHEDULE A

Due DateFee Assessment

May 1, 1992$7.7 per ton of actual emissions per affected

pollutant emitted at a rate of 1000 tons per

year or more during the calendar year 1991

May 1, 1993$12.0 per ton of actual emissions per affected

pollutant emitted at a rate of 1000 tons per

year or more during the calendar year 1992

May 1, 1994$18.3 per ton of actual emissions per affected

pollutant emitted at a rate of 1000 tons per

year or more during the calendar year 1993

SCHEDULE B

Due DateFee Assessment

May 1, 1993$15.7 per ton of actual emissions per affected

pollutant emitted at a rate of 100 tons or

more per year but less than 1000 tons per year

during the calendar year 1992

May 1, 1994$22.4 per ton of actual emissions per affected

pollutant emitted at a rate of 100 tons or

more per year but less than 1000 tons per year

during the calendar year 1993

This Chapter prescribes the Environmental Management Commission's procedures for the hearing and determination of appeals of administrative actions of the Alabama Department of Environmental Management.

Authors: David A. Ludder, Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: Effective: July 1, 1983. Amended: Filed September 27, 1994; effective November 1, 1994.

For purposes of this Chapter, the following words and phrases, unless a different meaning is plainly required by the context, shall have the following meanings:

(a)"administrative action" means the issuance, modification, repeal, or denial of any permit, license, certification, or variance, or the issuance, modification or repeal of any order, notice of violation, citation, rule, or regulation by the Department.

(b)"aggrieved" means having suffered a threatened or actual injury in fact.

(c)"Commission" means the Environmental Management Commission of the Alabama Department of Environmental Management.

(d)"Department" means the Alabama Department of Environmental Management, established by the Alabama Environmental Management Act, Code of Ala. 1975, &#167;&#167;22-22A-1 to 22-22A-16.

(e)"person" means any and all persons, natural or artificial, including, but not limited to, any individual, partnership, association, society, joint stock company, firm, company, corporation, institution, trust, estate, or other legal entity or other business organization or any governmental entity, and any successor, representative, agent, or agency of the foregoing.

Authors: David A. Ludder, Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: Effective, July 1, 1983. Amended: October 10, 1984. Amended: Filed September 27, 1994; effective November 1, 1994.

Upon a proper request made and filed in accordance with Rule 335-2-1-.04, any person aggrieved by an administrative action of the Department shall be entitled to a hearing before the Commission or its designated Hearing Officer.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: Effective, July 1, 1983. Amended: October 10, 1984.

(1)Any person aggrieved by an administrative action of the Department, other than the issuance of any rule or regulation or emergency order, may file with the Commission a request for a hearing to contest such action within thirty days of such action.

(2)To obtain a hearing on any order assessing a civil penalty issued by the Department, an aggrieved person must either be subject to the order or have submitted timely written comments on the proposed order in accordance with Code of Ala. 1975, &#167;22-22A-5(18).

(3)Any person aggrieved by the issuance, modification or repeal of any rule or regulation by the Department may file with the Commission a request for a hearing to contest such administrative action within forty-five days of the adoption of the rule or regulation by the Commission.

(4)Any person aggrieved by the issuance of any emergency order by the Department may file with the Commission a request for an expedited hearing to contest such administrative action. The request shall be filed within the time provided in paragraph (1), above.

(5)A request for a hearing to contest an administrative action of the Department shall be made in writing and shall contain:

(a)the name, mailing address, and telephone number of the person making the request;

(b)a short and plain statement identifying the administrative action of the Department being contested;

(c)a short and plain statement of the threatened or actual injury suffered by the person making the request as a result of the administrative action of the Department;

(d)a short and plain statement of the alleged error(s) made by the Department in the administrative action;

(e)a short statement of the terms and conditions which the person making the request proposes that the Commission should include in an order modifying or disapproving the Department's administrative action; and

(f)the name, mailing address, and telephone number of the attorney for the person making the request, if represented by an attorney.

(g)an original signature of the person making the request or such person's attorney.

(6)A request for a hearing to contest an administrative action of the Department shall be filed with the Commission. Filing may be accomplished by personal, private-service or mail delivery addressed to:

ENVIRONMENTAL MANAGEMENT COMMISSION

Street Address:Mailing Address:

1400 Coliseum BoulevardP.O. Box 301463

Montgomery, AL 36110 2059Montgomery, AL 36130-1463

Filing shall not be timely unless the papers are received by the Commission within the time fixed for filing, except that papers shall be deemed filed on the day of mailing if mailed by certified, registered or express mail of the United States Postal Service or a similar private express-delivery service, and the date of the official post-mark is on or before the time fixed for filing. A request for a hearing may not be filed by facsimile (telefax).

(7)Within five (5) days of receipt by the Department of a timely request for a hearing, the Department shall file with the Commission, if appropriate, a notice alleging any pleading defects in the request for a hearing and identifying the omissions of information required by paragraph (4), above. A copy of the notice shall be served on the petitioner. Thereupon, the petitioner shall correct the identified defects within ten (10) days of receipt of the notice. Failure by the petitioner to cure all identified defects within the time provided shall deem the original filing an improper request and will not preserve that person's right to a hearing.

Authors: David A. Ludder, Olivia H. Jenkins, Thomas L. Johnston

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: Effective July 1, 1983. Amended: October 10, 1984. Amended: Filed September 27, 1994; effective November 1, 1994. Amended: Filed June 20, 2003; effective July 25, 2003. Amended: Filed October 21, 2004; effective November 25, 2004.

Upon the filing with the Commission of a request for a hearing to contest an administrative action of the Department, the person making the request (the "petitioner") shall serve a copy of such request upon the Department and any other parties required by this rule to be served. If the administrative action appealed is the issuance of a permit, license, certification, or variance, and the petitioner is a person other than the recipient of said permit, license, certification, or variance, the petitioner shall serve a copy of the request upon the recipient of the permit, license, certification, or variance. If the administrative action appealed is the issuance of a notice of violation or of an administrative order, and the petitioner is a person other than the recipient of the notice of violation or administrative order, the petitioner shall serve a copy of the request upon the recipient of the notice of violation or administrative order.

Authors: David A. Ludder, Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: Effective July 1, 1983. Amended: October 10, 1984. Amended: Filed September 27, 1994; effective November 1, 1994.

(1)In any hearing to contest an administrative action of the Department, the person making and filing a request for a hearing in accordance with Rule 335-2-1-.04 (the "petitioner") shall be a party.

(2)In any hearing to contest an administrative action of the Department, the Department shall be a party.

(3)In any hearing to contest an administrative action of the Department, any person whose application to intervene is granted by the Commission or Hearing Officer shall be a party.

Authors: David A. Ludder, Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: Effective July 1, 1983. Amended: October 10, 1984. Amended: Filed September 27, 1994; effective November 1, 1994.

(1)All motions, except those made orally on the record during a hearing, shall (a) be in writing; (b) state the grounds therefor with particularity; (c) set forth the relief or order sought; and (d) be accompanied by any affidavit, certificate, other evidence, or legal argument relied upon. Such motions shall be served as provided by Rule 335-2-1-.24

(2)The Commission or Hearing Officer shall set a reasonable time for response to motions. A party's response to such motion shall be accompanied by any affidavit, certificate, other evidence, or legal argument relied upon.

(3)The Commission or Hearing Officer shall rule on all written motions within fifteen days after the last allowed time period for response or the last hearing on the motion, whichever is later. The failure of the Commission or Hearing Officer to rule on a motion within the time required will be considered a denial of said motion without prejudice. This paragraph shall not apply to motions to dismiss filed pursuant to Rule 335-2-1-.21 (4), or motions for summary judgment filed pursuant to Rule 335-2-1-.22.

Author: Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: New Rule: Filed September 27, 1994; effective November 1, 1994.

(1)A motion for leave to intervene in any hearing to contest an administrative action of the Department shall set forth the grounds for the proposed intervention, the position and interest of the movant and the likely impact that intervention will have on the expeditious progress of the proceeding. Any person already a party to the proceeding may file an opposition to the motion to intervene, making specific reference to the factors set forth in the foregoing sentence and paragraph (6) of this section, within 10 days after service of the motion for leave to intervene.

(2)An application to intervene shall contain:

(a)the name, mailing address, and telephone number of the applicant;

(b)a short and plain statement identifying the administrative action of the Department being contested and, if possible, the name of the person who filed the request for a hearing to contest such action;

(c)a short and plain statement of the grounds for the application, including reference to any statute which confers an unconditional right to intervene or a statement of the individual interest of the applicant in the outcome of the hearing and a statement of why the representation of the interest of the applicant by persons already parties in the hearing is inadequate; and

(d)the name, mailing address, and telephone number of the applicant's attorney, if represented by an attorney.

(3)An application to intervene shall contain an original signature of the person making the request or the applicant's attorney.

(4)A motion for leave to intervene in a proceeding must ordinarily be filed before the first prehearing conference or, in the absence of a prehearing conference, before the setting of a date and time for the hearing. Any motion filed after that time shall include, in addition to the information set forth in paragraphs (1) and (2) of this section, a statement of good cause for the failure to file in a timely manner. Except for good cause shown, the Intervenor shall be bound by any agreements, arrangements, schedules and other matters previously made in this proceeding.

(5)Within five days after the filing of an application to intervene in any hearing to contest an administrative action of the Department, the petitioning Intervenor shall serve a copy of such application upon each of the parties.

(6)Leave to intervene may be granted only if the movant demonstrants that (a) the movant's presence in the proceeding would not prejudice the timely adjudication of the rights of the original parties; (b) the movant may be aggrieved by a final order; and (c) the interests of the movant are not being adequately represented by the original parties. In the case of an appeal of a permit by a third party, the Permittee's intervention shall be as of right. The Intervenor shall become a full party to the proceeding upon the granting of leave to intervene.

Authors: David A. Ludder, Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: Effective July 1, 1983. Amended: October 10, 1984. Amended: Filed September 27, 1994; effective November 1, 1994.

(1)The Commission or Hearing Officer may order consolidation, in whole or in part, of two or more hearings to contest an administrative action of the Department whenever it appears that such consolidation would expedite or simplify consideration of the issues and no party would be prejudiced thereby.

(2)The Commission or Hearing Officer may order severance, in whole or in part, of any hearings consolidated in accordance with paragraph (1) of this Rule whenever it appears that continued consolidation will not expedite or simplify consideration of the issues or will prejudice any party.

(3)The Commission or Hearing Officer may order severance, in whole or in part, of any hearing upon the consent of all parties or upon the motion of any party whenever it appears that severance would serve to make presentation of the issues more orderly and would not unduly delay the resolution of the issues.

Authors: David A. Ludder, Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8

History: Effective July 1, 1983. Amended: Filed September 27, 1994; effective November 1, 1994.

(1)Upon receipt by the Department of a request for hearing timely filed pursuant to Rule 335-2-1-.04, the Department shall waive the requirements of ADEM Admin. Code Rule 335-1-1-.06 and shall make the Department's files immediately available to the petitioner and/or the petitioner's representative.

(2)No later than 15 days prior to the hearing, except by consent of the parties, the Commission or Hearing Officer shall direct the parties to appear at a specified time and place for one or more conferences, prior to or during a hearing to consider:

(a)settlement of the case;

(b)the identification, clarification, simplification, or limitation of the issues;

(c)the necessity or desirability of amendments to pleadings, except that amendments to cure jurisdictional defects shall not be allowed;

(d)the submission of admissions or stipulations as to facts or the genuineness of documents which will avoid unnecessary proof;

(e)the identification of facts, and the source thereof, of which official notice is proposed to be taken;

(f)the identification of persons with knowledge of any relevant matter;

(g)the identification of any expert witnesses expected to be called by any party to testify at the hearing and the substance of the facts and opinions to which the expert witness is expected to testify and a summary of the grounds for each opinion;

(h)the limitation of the number of expert or other witnesses;

(i)the deadline for the service of subpoenas to compel the attendance of any witness at the hearing;

(j)the need for the issuance of subpoenas for the production of any papers, books, accounts, payrolls, documents, or records, either prior to or at the hearing;

(k)the need for the issuance of subpoenas to compel the attendance of any witness at the taking of the witness' deposition, if such witness is unable to be present or to testify at the hearing because of age, illness, infirmity, or imprisonment or if the parties have agreed to the submission of the testimony of such witness in verified form;

(l)the possibility of submitting any evidence in verified form when the hearing will be expedited and the interests of the parties will not be prejudiced thereby, provided that the right of cross-examination of any witness shall not be denied;

(m)setting a time for the hearing; and

(n)such other matters as may aid in the disposition of the case.

(3)Pre-Hearing Order.

(a)The Commission or Hearing Officer shall issue a written prehearing order reciting the action taken at the conference and the agreements made by the parties as to any of the matters considered.

(b)The Pre-Hearing Order shall include:

1.A statement of petitioner's allegation of the error(s) committed by the Department in taking the contested administrative action;

2.A statement of the factual basis supporting the petitioner's allegation of error.

3.A statement of the legal issues raised in the appeal and each party's position on said issues,

4.A statement of agreed and disputed facts,

5.A schedule for the exchange of the following:

(i)copies of all documents and exhibits which each party intends to introduce into evidence,

(ii)the name, address and relationship to the appeal of each fact witness that each party intends to call, along with a brief narrative summary of the expected testimony of each witness;

(iii)the name, address and qualifications of each expert witness that each party intends to call, along with a brief narrative summary of the facts and opinions to which the expert witness is expected to testify and a summary of the grounds for each opinion.

6.Such other matters as the Hearing Officer deems appropriate.

(c)The order shall identify the manner in which documents and exhibits shall be marked for identification. The order shall provide that documents that have not been exchanged and witnesses whose names, addresses, qualifications and/or relationship to the appeal have not been exchanged shall not be introduced into evidence or allowed to testify at the hearing without a determination by the Commission or Hearing Officer that introduction of the evidence would not cause undue prejudice and that, in such a case, the Commission or Hearing Officer shall allow the parties reasonable opportunity to review new evidence prior to its being offered into evidence. In addition, the order shall limit the issues for consideration at the hearing to those not disposed of by admissions or agreement of the parties and those which are properly before the Commission. The Pre-Hearing Order shall specify only those issues identified in the request for hearing unless the issue is based on facts that were not known and reasonably could not have been known to the petitioner within the time required by statute for filing a request for hearing. Such order, when entered as amended, shall control the subsequent course of the hearing, unless modified to prevent manifest injustice.

Authors: David A. Ludder, Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7 22-22A-8.

History: Effective July 1, 1983. Amended: Filed September 27, 1994; effective November 1, 1994.

(1)Except as provided by Rule 335-2-1-.10, discovery shall be permitted only upon determination by the Hearing Officer:

(a)That such discovery will not unreasonably delay the proceeding;

(b)That the information to be obtained is not otherwise obtainable;

(c)That such information has significant probative value; and

(d)That such information is not confidential, financial, commercial or trade-secret information, or privileged. The Commission shall give effect to the rules of privilege recognized and protected by law.

(2)Any party to the proceeding desiring an order of discovery shall make a motion therefor. Such a motion shall set forth:

(a)The nature of the information expected to be discovered; and

(b)The proposed time and place where it will be taken. If the Commission or Hearing Officer determines that the motion should be granted, the Commission or Hearing Officer shall issue an order for the taking of such discovery together with the conditions and terms thereof.

(3)When the information sought to be obtained is within the control of one of the parties, failure to comply with an order issued pursuant to this paragraph may lead to (a) the inference that the information to be discovered would be adverse to the party from whom the information was sought, or (b) the issuance of a dismissal order under Rule 335-2-1-.21

(4)Parties may obtain discovery by one or more of the following methods: depositions upon oral examinations and production of documents or things.

(5)With the exception of petitioner's witnesses in an appeal of an enforcement action, depositions of all parties, their family members, employees, agents, and other persons under their control will be conducted at the Department's offices in Montgomery, Alabama, unless all parties agree otherwise. Depositions of petitioner's witnesses in appeals of enforcement actions may be scheduled in the county of the witness's residence or the county where the violation occurred, or any other persons who are not subject to the control of a party to the proceeding may be taken in Montgomery County, the county where the person resides, or any other place to which all parties agree.

(6)Court reporter's fees and reasonable copying costs shall be borne by the party requesting the discovery.

Author: Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: New Rule: Filed September 27, 1994; effective November 1, 1994.

(1)The attendance of witnesses or the production of documentary evidence may be required by subpoena. The Chair of the Commission or the Hearing Officer may grant a request for a subpoena upon a showing of (a) the grounds and necessity therefor, and (b) the materiality and relevance of the evidence to be adduced. Request for the production of documents shall describe the evidence sought as specifically as practicable. A subpoena may be issued by the Chair of the Commission, the Hearing Officer, or a designee.

(2)Subpoenas shall be served in accordance with the Alabama Rules of Civil Procedure.

(3)Witnesses summoned before the Hearing Officer shall be paid the same fees and mileage that are paid witnesses in the courts of Alabama. Fees shall be paid by the party at whose instance the witness appears. Where a witness appears pursuant to a request initiated by the Commission or Hearing Officer, fees shall be paid by the Department.

Author: Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: New Rule: Filed September 27, 1994; effective November 1, 1994.

(1)At least fifteen days prior to the commencement of any hearing to contest an administrative action of the Department, other than the issuance of an emergency order, the Commission or Hearing Officer shall give written notice of the time and nature of such hearing to the person requesting such hearing, the Department and any other named or necessary party. Such notice shall include a citation to the legal authority and jurisdiction under which the hearing is to be held and reference to the particular sections of the statutes and rules involved and a short and plain statement of the matters asserted by the requester.

(2)Within such time as may be reasonable under the circumstances, the Commission or Hearing Officer shall give notice of the time and nature of any hearing to contest the issuance of an emergency order to the person requesting such hearing, the Department, and any other named or necessary party.

(3)Any notice required by this Rule to be given to any party shall be delivered to such party either personally, by registered mail, or by certified mail return receipt requested. A Prehearing Order issued pursuant to Rule 335-2-1-.10 at least fifteen days before the hearing shall satisfy the notice requirements of this Rule.

Author: David A. Ludder, Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: Filed July 1, 1983. Amended: Filed October 10, 1984. Amended: Filed September 27, 1994; effective November 1, 1994.

(1)A hearing to contest an administrative action of the Department shall be commenced in Montgomery, Alabama within a reasonable time, not to exceed forty-five days after the making and filing of a proper request in accordance with Rule 335-2-1-.04.

(2)Upon motion of any of the parties, the Commission or Hearing Officer may delay the commencement of the hearing if all parties agree to waive the forty-five day period for commencement of the hearing set forth in subsection (1) above.

(3)The testimony of all parties and witnesses shall be made under oath administered by the Commission or Hearing Officer.

(4)All testimony or comments given in any hearing before the Commission or Hearing Officer shall be electronically or stenographically recorded. Parties wishing to obtain a copy of the transcript may make arrangements with the court reporter to receive a copy at their expense or may purchase a copy from the Department.

(5)The parties shall not be bound by the strict rules of evidence prevailing in the courts. The Commission or Hearing Officer shall admit all evidence that is not irrelevant, immaterial, unduly repetitious, confidential, privileged or otherwise unreliable or of little probative value, except that offers of compromise are not admissible. The Commission or Hearing Officer shall preserve the confidentiality of trade-secrets and other commercial or financial information. The Commission or Hearing Officer may make such orders as may be necessary to consider such evidence in camera to address questions of law, fact, or discretion which arise out of that portion of the evidence which includes secrets, confidences, or privileged information.

(6)Each party shall be entitled to respond and present evidence and argument on all material issues properly before the Commission. The burden of going forward with the evidence shall be on the party requesting the hearing. The hearing shall be conducted as a de novo proceeding.

(7)Each party shall be entitled to present opening statements and closing arguments, oral or written, or both.

(8)Witnesses shall be examined orally, under oath or affirmation, except as otherwise provided in these rules or by the Commission or Hearing Officer. Parties shall have the right to cross-examine a witness who appears at the hearing provided that such cross-examination is not unduly repetitious.

(9)The Commission or Hearing Officer may admit and insert into the record as evidence, in lieu or oral testimony, statements of fact or opinion prepared by a witness, provided such statements are served on all parties not later than five (5) days before the hearing. The admissibility of the evidence contained in the statement shall be subject to the same rules as if the testimony were produced under oral examination. Before any such statement is read or admitted into evidence, the witness shall deliver a copy of the statement to the Commission or Hearing Officer, the reporter, and opposing counsel. The witness presenting the statement shall swear to or affirm the statement and shall be subject to appropriate oral cross-examination upon the contents thereof.

(10)The Commission or Hearing Officer may admit into evidence depositions of witnesses who are not subject to the subpoena power of the Commission or who are unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity or call to military duty.

(11)Where practicable, an original and seven copies of each exhibit shall be filed with the Commission or Hearing Officer for the record and a copy shall be furnished to each party. Each party shall be responsible for submitting the required number of copies of each exhibit that party offers into evidence, except that the Department shall provide the required number of copies of any exhibit that is taken from the Department's files. A true copy of any exhibit may be substituted for the original. Any party who wishes may arrange for the court reporter to make the requisite number of copies of each exhibit; however, the requesting party shall pay the court reporter for all such copies.

(12)Official notice may be taken of any matter judicially noticed in the courts of Alabama and of any scientific or technical facts within the specialized knowledge of the agency. Opposing parties shall be given adequate opportunity to show that such facts are erroneously noticed.

(13)Any objection concerning the conduct of the hearing may be stated orally or in writing during the hearing. The party raising the objection shall supply a short statement of its grounds. The ruling by the Commission or Hearing Officer on any objection and the reasons given for it shall be part of the record. An exception to each objection shall be automatic and is not waived by further participation in the hearing.

(14)Whenever evidence is excluded from the record, the party offering the evidence may make an offer of proof, which shall be included in the record. The offer of proof for excluded oral testimony shall consist of a brief statement describing the nature of the evidence excluded. The offer of proof for excluded documents or exhibits shall consist of the insertion in the record of the documents or exhibits excluded.

(15)At any time after the commencement of a hearing to contest an administrative action of the Department, the Commission or Hearing Officer may on its own initiative, or on the motion of any party, adjourn the hearing to a later time and/or different place. If any party raises an issue at hearing which was not included in the pre-hearing order, the Hearing Officer shall allow the issue to be raised only upon a finding that it is based upon newly discovered evidence that was not known and could not have been know at the time of the pre-hearing order. If the issue is allowed, the Hearing Officer shall, upon request of the other party, delay the hearing for a period of at least five working days, if he determines that the party will be prejudiced if no continuance is granted.

(16)Within ten (10) days after the parties are notified of the availability of the transcript, or within such longer time as may be fixed by the Commission or Hearing Officer, any party may submit for consideration of the Commission or Hearing Officer proposed findings of fact, conclusions of law, and a proposed order, together with briefs in support thereof. The Commission or Hearing Officer shall set a time by which reply briefs must be submitted and may set a page limit for said briefs. All submissions shall be in writing, shall be served upon all parties, and shall contain adequate references to the record and authorities relied upon.

(17)A hearing to contest an administrative action of the Department is concluded on the date when all evidence, other submissions, testimony, comments, briefs, opening statements, and closing arguments have been received or heard by the Commission or its designated Hearing Officer and all motions have been ruled upon.

Authors: David A. Ludder, Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: Effective July 1, 1983. Amended: October 10, 1984. Amended: Filed September 27, 1994; effective November 1, 1994.

If a party fails to appear at a hearing after being given proper notice thereof, the Commission or Hearing Officer may, if no adjournment is granted, proceed with the hearing in the absence of the party. If the petitioner fails to appear without good cause, such being submitted in writing within twenty-four hours of the commencement of the scheduled hearing, the Hearing Officer may recommend to the Commission a dismissal and the Commission may then enter said order of dismissal. In the case of an emergency, the Hearing Officer or Commission may waive the 24-hour notification requirement.

Authors: David A. Ludder, Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: Effective July 1, 1983. Amended: Filed September 27, 1994; effective November 1, 1994.

The record of a hearing to contest an administrative action of the Department shall include:

(a)the request for a hearing made and filed in accordance with Rule 335-2-1-.04;

(b)all motions, applications and intermediate rulings and orders;

(c)all evidence admitted or for which an offer of proof has been made and all briefs; provided, in the event that evidence in any proceeding contains information which the Department has determined to be confidential or otherwise not available to the public under any law, rule, or regulation administered by the Department, the Commission and Hearing Officer shall take such steps as are necessary to prevent public disclosure of that information;

(d)a statement of all matters officially noticed;

(e)all questions and objections, and rulings thereon;

(f)all proposed findings and EXCEPTION;

(g)the report of the Hearing Officer, if one was designated by the Commission.

(h)a certified copy of the court reporter's transcript of the proceedings; and

(i)the final Order of the Commission.

Authors: David A. Ludder, Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: Effective July 1, 1983. Amended: October 10, 1984 . Amended: Filed September 27, 1994; effective November 1, 1994.

(1)Within thirty days after the conclusion of a hearing contesting an administrative action of the Department, other than the issuance of an emergency order, the Commission shall issue an appropriate order modifying, approving, or disapproving the Department's action unless all the parties agree to some other period of time.

(2)Within such time as may be reasonable under the circumstances but not later than thirty days after the conclusion of a hearing contesting the issuance of an emergency order, unless all the parties agree to some other period of time, the Commission shall issue an appropriate order modifying, approving, or disapproving the Department's action.

(3)Any order of the Commission modifying, approving, or disapproving the Department's administrative action shall be in writing and shall include findings of fact and conclusions of law separately stated. Findings of fact shall be based solely on the evidence in the record and on matters officially noticed in the record. Findings of fact, if set forth in a manner which is no more than mere tracking of statutory language, shall be accompanied by a concise and explicit statement of the underlying facts of record which support the findings.

(4)The Hearing Officer's recommendation shall be given due weight but is not binding on the Commission.

(5)A copy of the order of the Commission shall be served upon each of the parties either personally, by registered mail, or by certified mail return receipt requested.

(6)In the case of the imposition of civil penalties in an administrative order, the Commission may increase or decrease the penalty assessed based upon the evidence presented as applied to the six penalty factors found at Code of Ala. 1975, Section 22-22A-5(18).

Authors: David A. Ludder, Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: Effective July 1, 1983. Amended: October 10, 1984. Amended: Filed September 27, 1994; effective November 1, 1994.

The Commission may not issue an order modifying, approving, or disapproving an administrative action of the Department without the concurrence of a majority of a quorum. A quorum shall be any four of the seven members of the Commission. Recusal of a member of the Commission shall not affect the quorum.

Author: David A. Ludder

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: Effective July 1, 1983.

(1)Any Commission member who was not present at a hearing to contest an administrative action of the Department and who has not considered the record, including a transcript of all testimony or comments given in such hearing, the pleadings, briefs, and the Hearing Officer's recommendation, shall recuse himself or herself from voting to issue any order modifying, approving, or disapproving such administrative action of the Department and from participating in any discussions with other members of the Commission concerning the issuance of any such order.

(2)Any party to a hearing contesting an administrative action of the Department may file a timely motion to compel the recusal of any member of the Commission from voting to issue an order modifying, approving, or disapproving such administrative action or to disqualify a Hearing Officer from conducting a hearing contesting such administrative action. Such motion shall be supported by a sufficient affidavit, made on personal knowledge, asserting conflict of interest or personal bias. The Commission shall determine the matter as part of the record of the hearing; however, the Commission member against whom conflict of interest or personal bias is asserted, shall recuse himself or herself from such determination.

Authors: David A. Ludder, Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: Effective July 1, 1983. Amended: Filed September 27, 1994; effective November 1, 1994.

Any Commission member may recuse himself or herself from voting to issue any order modifying, approving, or disapproving an administrative action of the Department and from participating in any discussions with other members of the Commission concerning the issuance of any such order if the Commissioner believes himself or herself to have a conflict of interest or personal bias which would prevent the Commissioner's fair and impartial consideration of the merits of the case.

Authors: David A. Ludder, Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: Effective July 1, 1983. Amended: Filed September 27, 1994; effective November 1, 1994.

(1)Any party who made and filed with the Commission a request for a hearing to contest an administrative action of the Department in accordance with Rule 335-2-1-.04, may at any time before the commencement of a hearing withdraw the request by filing a notice thereof with the Commission and serving a copy upon the Hearing Officer and all parties in accordance with Rule 335-2-1-.24.

(2)Any party who made and filed with the Commission a request for a hearing to contest an administrative action of the Department in accordance with Rule 335-2-1-.04, may at any time after the commencement of a hearing file a motion for voluntary dismissal of the contest with the Commission. A copy of said notice shall be served upon all parties and the Hearing Officer in accordance with Rule 335-2-1-.24.

(3)The parties to any hearing to contest an administrative action of the Department may at any time after the filing of the request for a hearing to contest an administrative action of the Department file with the Commission a proposed consent order modifying, approving, or disapproving the administrative action of the Department with a joint motion that the Commission issue an order in accordance therewith. A copy of said consent order shall be served upon the Hearing Officer as provided by Rule 335-2-1-.24.

(4)Motion to Dismiss.

(a)Upon motion of the Department, the Commission may dismiss an action for failure of the petitioner to comply with any of the following:

1.The time requirements for filing a request for hearing set forth at Rule 335-2-1-.04;

2.The pleading requirements of Rule 335-2-1-.04;

3.An order of the Commission or Hearing Officer; or,

4.A requirement to appear and proceed at a pre-hearing conference or at the hearing.

(b)Before any action is taken on a motion to dismiss filed in accordance with this rule, all parties shall be given a reasonable opportunity to oppose such motion.

Authors: David A. Ludder, Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: Effective July 1, 1983. Amended: October 10, 1984. Amended: Filed September 27, 1994; effective November 1, 1994.

(a)The Commission or Hearing Officer, upon motion of any party or sua sponte, may at any time render an accelerated recommendation in favor of the petitioner or the respondent as to all or any part of the proceeding, without further hearing or upon such limited additional evidence, such as affidavits, as the Commission or Hearing Officer may require, if no genuine issue of material fact exists and a party is entitled to decision as a matter of law, as to all or any part of the proceeding.

(b)Before any motion is granted in accordance with this rule, all parties shall be given a reasonable opportunity to oppose such motion.

Authors: David A. Ludder, Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: New Rule: Filed September 27, 1994; effective November 1, 1994.

(1)Pending issuance of the Commission's order and upon application therefor made by any party, the Commission may stay the operation of the contested administrative action of the Department upon such terms and conditions as it may deem proper.

(2)An application for a stay of the operation of the contested administrative action shall state the grounds therefor.

(3)No stay of the operation of a contested administrative action of the Department shall be granted without prior notice to each party and an opportunity to be heard before the Commission. The Commission shall afford each party the opportunity to be heard, upon such terms and conditions as it may deem proper.

(4)The party moving for a stay shall file with the Commission all briefs, affidavits, exhibits and other evidence the movant wishes considered at least 6 days before the stay hearing. The opposing parties shall file any briefs, affidavits, exhibits or other evidence they wish considered at least 3 days before the stay hearing. The Commission, through its Chair, may grant oral argument on its own motion or upon request of a party.

(5)No stay of the operation of a contested administrative action of the Department shall be granted unless the party requesting the stay shows (a) that there is a substantial likelihood that the petitioner will prevail on the merits at the hearing, (b) that the movant will suffer irreparable harm if not granted injunctive relief, (c) that the benefits the stay will provide the movant outweigh the harm it will cause the opposing party, and (d) that issuance of the stay will not harm the public interest.

Authors: David A. Ludder, Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: Effective July 1, 1983.

(1)Except as otherwise provided in this Chapter, the filing of any request, application, motion, or other pleading or paper with the Commission shall be made by delivering such request, application, motion, or other pleading or paper to:

Environmental Management Commission

1400 Coliseum Boulevard

Montgomery, Alabama 36110-1463

Filing shall not be timely unless the papers are received by the Commission within the time fixed for filing, except that papers shall be deemed filed on the day of mailing if mailed by certified, registered or express mail of the United States Postal Service or a similar private express-delivery service, and the date of the official post-mark is on or before the time fixed for filing.

(2)A copy of every motion or other pleading or paper, other than a request for a hearing and application to intervene, filed with the Commission concerning a contested administrative action of the Department shall be served upon each of the parties, the Department's Office of General Counsel, and the Hearing Officer if one has been appointed. The Hearing Officer shall maintain a duplicate file during the course of the proceeding. When the Hearing Officer corresponds directly with the parties, a copy of the correspondence shall be sent to the Commission, a copy shall be maintained by the Hearing Officer in the duplicate file, and a copy shall be sent to all the parties. Parties who correspond directly with the Hearing Officer shall, in addition to serving all other parties, send a copy of all such correspondence to the Commission. A certificate of service shall accompany each document served under this subsection. Except as otherwise provided in this Chapter, service upon a party shall be made by delivering or mailing a copy to the party or the party's attorney, if represented by one. Delivery of a copy for purposes of service means: handing it to the party or the party's attorney; or leaving it at the party's office with his or her clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at his or her dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service by mail is complete upon mailing.

Authors: David A. Ludder, Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: Effective July 1, 1983. Amended: October 10, 1984. Amended: Filed September 27, 1994; effective November 1, 1994. Amended: Filed June 20, 2003; effective July 25, 2003.

In computing any period of time prescribed by this Chapter or by Code of Ala. 1975, &#167;22-22A-7, the day of the event from which the designated period begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. A legal holiday includes New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day, and any other day appropriated as a holiday by the President or the Congress of the United States, or the Governor of Alabama, or as prescribed in Code of Ala. 1975, &#167;1-3-8. With the exception of the initial filing of the appeal request, whenever a party has the right or is required to do some act or to take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail, three days shall be added to the prescribed period.

Authors: David A. Ludder, Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: Effective July 1, 1983. Amended: October 10, 1984. Amended: Filed September 27, 1994; effective November 1, 1994.

(1)A party, or the party's attorney, shall not communicate, or cause another to communicate, with the Commission or any member thereof or a Hearing Officer, as to any matter which concerns a contested administrative action of the Department then pending, except:

(a)in the course of official proceedings concerning the contested administrative action;

(b)in writing if the party promptly serves a copy of the writing on all other parties;

(c)orally upon adequate notice to each party or the party's attorney; or

(d)to set up scheduling conferences and make other contacts of an administrative nature in which substantive issues are not discussed.

(2)No Commission member or Hearing Officer shall initiate, entertain, or consider any communication with a party, or the party's attorney, concerning a contested administrative action of the Department then pending unless such communication is permitted as provided in this Rule.

Authors: David A. Ludder, Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: Effective July 1, 1983. Amended: Filed September 27, 1994; effective November 1, 1994.

(1)The Commission may hire or employ one or more Hearing Officers to conduct hearings of contested administrative actions of the Department, other than requests for a stay of an administrative action of the Department or hearings to contest the issuance of emergency orders. Such Hearing Officers shall be attorneys licensed to practice law in the State of Alabama and shall be paid an amount prescribed by the Commission from Department funds but shall not be subject to the authority, direction, or discretion of the Director of the Department or any other person subject to the authority, direction, or discretion of the Director of the Department.

(2)The Commission may delegate to a Hearing Officer the power to conduct hearings of contested administrative actions of the Department, other than hearings to contest the issuance of an emergency order or to request a stay of the administrative action, and all proceedings related thereto, in the same manner as provided in this Chapter for the conduct of such hearings and proceedings before the Commission. Except as otherwise provided by these rules, the power to conduct hearings of contested administrative actions of the Department shall include the power to do all things which the Commission might do under this Chapter, except issue an order modifying, approving, or disapproving an administrative action of the Department, issue an order dismissing an appeal pursuant to Rule 335-2-1-.15 or Rule 335-2-1-.21, or issue an order granting or denying an application for a stay of the operation of the contested administrative action of the Department pending issuance of a Commission order modifying, approving, or disapproving such administrative action.

(3)The Hearing Officer shall prepare and submit to the Commission within ten days after the close of the record of any hearing to contest an administrative action of the Department, or such other time as the parties agree, a report containing findings of fact, conclusions of law, recommendations, and the record, including a transcript of all testimony or comments given in such hearing, for the consideration of the Commission. The report of the Hearing Officer shall also state the date on which the hearing was concluded.

(4)The Hearing Officer is specifically authorized to:

(a)Rule upon motions, requests, and offers of proof, dispose of procedural requests, and issue all necessary orders other than those specifically reserved to the Commission under this chapter;

(b)Administer oaths and affirmations and take affidavits;

(c)Examine witnesses and receive documentary or other evidence;

(d)For good cause, upon motion or sua sponte, order a party, or an officer or agent thereof, to produce testimony, documents, or other non privileged evidence, and failing the production thereof without good cause shown, draw adverse inferences against the party;

(e)Limit or strike issues not properly before the Commission;

(f)Admit or exclude evidence;

(g)Hear and make recommendations on questions of facts, law or discretion;

(h)Require parties to attend conferences for the settlement or simplification of the issues, or the expedition of the proceedings;

(i)Issue subpoenas;

(j)Make recommendations to the Commission concerning the final disposition of the proceedings;

(k)Establish guidelines and limitations on the scope and length of any hearings and briefs presented consistent with the principles of administrative law and the intent of the Environmental Management Act; and

(l)Do all other acts and take all measures necessary for the maintenance of order and for the efficient, fair and impartial adjudication of issues arising in proceedings governed by these rules.

(5)In preparing the recommendation to the Commission, the Hearing Officer shall determine each matter of controversy upon a preponderance of the evidence. The burden shall rest with the petitioner to show by a preponderance of the evidence that the Department's action should be modified or disapproved.

Authors: David A. Ludder, Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: Effective July 1, 1983. Amended: October 10, 1984. Amended: Filed September 27, 1994; effective November 1, 1994.

(1)Any party may object to the recommendation of the Hearing Officer by filing objections to the recommendation and an accompanying brief with the Commission within ten (10) days after the Hearing Officer's recommendation is served upon the parties. The objections shall set forth alternative findings of fact, alternative conclusions regarding issues of law or discretion, and a proposed order together with relevant references to the record and the Hearing Officer's recommendation.

(2)Not later than 3 days prior to the meeting of the Commission to make its final decision, or ten days after receipt of notice of the filing of objections to the Hearing Officer's recommendation, whichever is sooner, any other party may file and serve with the Commission a reply brief responding to arguments raised by the objecting party, together with references to the relevant portions of the record, recommendation, or opposing brief. Rely briefs shall be limited to the scope of the objections. Further briefs shall be filed only with the permission of the Chair of the Commission.

(3)The Commission may grant oral argument of issues raised by the objections to the recommendation of the Hearing Officer on its own motion or upon request of a party. If oral argument is required, the argument shall be limited to the issues included in the objections filed with the Commission. The Commission may limit the amount of time each party shall have for oral argument. No oral argument will be allowed if objections to the Hearing Officer's recommendation are not filed.

Author: Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: New Rule: Filed September 27, 1994; effective November 1, 1994.

Any party may request oral argument before the Commission to address matters raised by the Commission. The decision to allow oral argument is discretionary with the Commission.

Author: Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: New Rule: Filed September 27, 1994; effective November 1, 1994.

No person shall represent a party before the Commission unless that person is licensed to practice law in the State of Alabama or has been admitted pro hac vice in accordance with Rule VII, Rules Governing Admission to the Alabama State Bar.

Author: Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.

History: New Rule: Filed September 27, 1994; effective November 1, 1994.

This Chapter prescribes the procedures for the submission, consideration and disposition of petitions for rulemaking.

Author: David A. Ludder

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-8, 41-22-8.

History: Effective March 6, 1987. Amended:

For purposes of this Chapter, the following words and phrases, unless a different meaning is plainly required by the context, shall have the following meanings:

(a)"Commission" means the Environmental Management Commission of the Alabama Department of Environmental Management.

(b)"Department" means the Alabama Department of Environmental Management, established by the Alabama Environmental Management Act, Code of Ala. 1975, &#167;22-22A-1 to 22-22A-15.

(c)"person" means any and all persons, natural or artificial, including, but not limited to, any individual, partnership, association, society, joint stock company, firm, company, corporation, institution, trust, estate, or other legal entity or other business organization or any governmental entity, and any successor, representative, agent, or agency of the foregoing.

Author: David A. Ludder

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-8, 41-22-8.

History: Effective March 6, 1987. Amended:

Any person may petition the Commission to adopt, amend or repeal a rule by making and filing a written petition in accordance with Rule 335-2-2-.04.

Author: David A. Ludder

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-8, 41-22-8.

History: Effective March 6, 1987. Amended:

(1)A petition to adopt, amend or repeal a rule shall contain the following information:

(a)the name, address and telephone number of the person making the petition;

(b)a statement of the interest of the person making the petition;

(c)the specific language of the rule proposed to be adopted, the proposed amendment, or the rule proposed to be repealed;

(d)all evidence, data and information on which the petitioner relies in support of the petition; and

(e)a statement of the petitioner's position on the considerations described in subparagraphs (b) through (g) of Rule 335-2-2-.05.

(2)A petition for rulemaking shall be filed with the Commission by delivering the same, either personally or by United States Mail as certified mail, return receipt requested with instructions to the delivering postal employee to show to whom delivered, date of delivery, and address where delivered, to:

Chairman (or his designee)

Environmental Management Commission

c/o Alabama Department of Environmental Management

1400 Coliseum Boulevard

Montgomery, Alabama 36110

Author: David A. Ludder

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-8, 41-22-8.

History: Effective March 6, 1987. Amended: Filed June 20, 2003; effective July 25, 2003.

The Commission shall give fair consideration to any petition for rulemaking made and filed in accordance with Rule 335-2-2-.04. The Commission may consider:

(a)the views of the Director of the Department;

(b)whether the proposed rule adoption, amendment, or repeal is constitutional and within the statutory authority of the Department to adopt;

(c)whether the proposed rule adoption, amendment, or repeal would promote the legislative intent and purposes of the statutes which the Department administers;

(d)whether the petition is supported by such substantive, credible and relevant evidence, data and information as would reasonably support the proposed rule adoption, amendment, or repeal in the absence of contradictory evidence, data or information or other relevant factors, evidence, data or information which the Commission might legitimately consider;

(e)whether the petitioner has had a prior opportunity to present relevant evidence, data and information on the subject matter of the petition and the petitioner unjustifiably failed to present such evidence, data or information;

(f)whether alternative means of obtaining the same or similar relief are presently available to the petitioner or have in the recent past been made available to the petitioner;

(g)the manner in which the proposed rule adoption, amendment, or repeal would impact the overall regulatory scheme of the Department and whether the proposed rule adoption, amendment, or repeal would promote the basic underlying public policies of the statutes and rules which the Department administers; and

(h)any other relevant factors, evidence, data or information.

Author: David A. Ludder

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-8, 41-22-8.

History: Effective March 6, 1987. Amended:

Within sixty days after a petition is filed with the commission in accordance with Rule 335-2-2-.04, the Commission shall do one of the following, provided however, that upon written notice to the petitioner, such sixty day period may be extended for not more than thirty days if the Commission's next regularly scheduled meeting is not within said sixty day period:

(a)initiate rulemaking proceedings in accordance with Code of Ala. 1975, &#167;&#167;22-22A-8 and 41-22-5, as amended; or

(b)deny the petition in writing on the merits stating the reasons therefor.

Author: David A. Ludder

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-8, 41-22-8.

History: Effective March 6, 1987. Amended:

This Chapter prescribes the procedures for meetings of the Environmental Management Commission.

Author: Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;22-22A-3.

History: New Rule: Filed April 17, 1998; effective May 22, 1998.

For purposes of this Chapter, the following words shall have the following meanings:

(1)"Commission" means the Alabama Environmental Management Commission of the Alabama Department of Environmental Management.

(2)"Department" means the Alabama Department of Environmental Management.

(3)"Member" means a member of the Alabama Environmental Management Commission.

Author: Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;22-22A-3.

History: New Rule: Filed April 17, 1998; effective May 22, 1998.

(1)The Commission shall select a Chair and a Vice-Chair who will serve a three-year term. An officer may not succeed himself or herself in the same office.

(2)Elections shall be held at the first regularly-scheduled Commission meeting after October 1 of the year in which the election is to take place. An officer shall hold office until such time as new elections are held and he or she is replaced.

(3)The duties of the Chair are:

(a)To call the meeting of the Commission to order.

(b)To preside at all meetings of the Commission.

(c)To announce business before the Commission in proper order.

(d)To state and put to a vote all questions that are properly brought before the Commission.

(e)To preserve order and decorum at meetings of the Commission.

(f)To decide all questions of Order at meetings of the Commission.

(4)The Chair may vote on all matters which come before the Commission.

(5)The duty of the Vice-Chair is to serve as the Chair in all meetings at which the Chair is absent or in which the Chair recuses himself or herself from voting on an issue. In the absence of the Chair, the Vice-Chair shall have all the power and authority of the Chair as set forth in paragraph (3) above. When presiding over the Commission, the Vice-Chair may vote on all matters which come before the Commission.

(6)Members who are holding the office of Chair and Vice-Chair on the effective date of these rules shall continue to hold said offices until the expiration of the regularly scheduled term.

Author: Olivia H Jenkins

Statutory Authority: Code of Ala. 1975, &#167;22-22A-6.

History: New Rule: Filed April 17, 1998; effective May 22, 1998.

(1)Meetings of the Environmental Management Commission shall be scheduled at least once every two months. The date and time of the next regularly scheduled meeting shall be decided upon by the Commission at the end of each Commission meeting. Unless otherwise specified, meetings shall take place at the Department's Montgomery offices. Meetings may be held at other locations by a vote of a majority of the Commission.

(2)Special meetings may be called at the discretion of the Chair of the Commission or shall be called by the Chair of the Commission on written request of any four members of the Commission.

(3)Notice of the date and time of Commission meetings shall be mailed by the Commission's Executive Assistant at least two weeks in advance of said meetings to all persons who have requested to be so notified.

(4)In the case of an emergency meeting of the Commission, such notice as is reasonable under the circumstances shall be given to the public.

(5)Notice of the date and time of any regular or special meetings shall be provided to Commission members in writing or by telegram to each member's last known address as provided to the Department or by telephone or facsimile.

Author: Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;22-22A-6.

History: New Rule: Filed April 17, 1998; effective May 22, 1998.

(1)For any regularly scheduled meeting, the Chair of the Commission shall cause to be published a draft agenda on the Department website and forward it to the other Commission members at least 30 (thirty) days prior to the Commission meeting. Included in the agenda shall be the consideration of the previous meeting?s minutes, a report from the Director, committee reports, any pending recommendation from a hearing officer and other matters within the jurisdiction of the Commission. Requests from members of the public to appear before the Commission shall be attached to the agenda.

(2)In order for the Commission to be better prepared on the subjects to be discussed, members of the public wishing to speak at regularly scheduled Commission meetings must submit to the Commission Office a written request along with a description of the matter they wish to raise before the Commission. Written requests must include the name, address, telephone number and, if applicable, the email address of any and all persons who wish to address the Commission as well as a description of the matter to be discussed. Written requests from members of the public wishing to appear before the Commission must be received by the Commission Office not later than 14 (fourteen) days prior to the next regularly scheduled meeting of the Commission. Such submissions shall be in writing and delivered by hand, U.S. Mail, facsimile, or private express delivery service. The Chair of the Commission, or designee, shall notify those persons requesting an opportunity to address the Commission in writing as to the proposed disposition of their request. The Chair of the Commission shall have the final agenda published along with the list of persons who will appear and the subjects they will address on the Department website and at the Commission office at least 7 (seven) days before the Commission meeting. The Commission shall set reasonable time limitations on public appearances before the Commission.

(3)After consideration of agenda items the commission may consider comments from the members of the public. While the Commission encourages public participation at its meetings, for reasons of fairness and due process to the parties in administrative and legal proceedings involving the Commission, it specifically discourages the members of the Commission from engaging in the non-deliberative discussion of any case or legal proceeding pending before the Commission, or of any decision by the Commission in a case or legal proceeding pending appeal before the Courts of this State. Parties to such proceedings and members of the general public shall not be permitted to use the public participation opportunities herein provided by the Commission to circumvent administrative or judicial procedures which specify the time and manner of presenting testimony, evidence, or comment to the Commission in a formal manner designed to provide due process to all parties.

(4)With the exception of a request for a stay of administrative action pending hearing, no item shall be added to the agenda that has not been submitted to the Commission's Executive Assistant at least 7 (seven) days prior to the Commission meeting.

(5)Notwithstanding paragraph four above, the Commission may take up new business at a Commission meeting if a motion to take up the new business is made, seconded, and carried by a majority of those voting.

Author: Olivia H. Jenkins, Rulemaking Petition Committee, Alabama Environmental Management Commission

Statutory Authority: Code of Ala. 1975, &#167;22-22A-6.

History: New Rule: Filed April 17, 1998; effective May 22, 1998. Repealed and New Rule: Filed June 20, 2003; effective July 25, 2003. Amended: Filed December 24, 2003; effective January 28, 2004.

(1)A transcript of each Commission meeting shall be prepared under the direction of the Commission's Executive Assistant and shall be circulated by the Commission's Executive Assistant to the Commission members at least two weeks prior to the next regularly scheduled Commission meeting. The transcript shall serve as the minutes of the Commission meeting.

(2)The Commission may dispense with the reading of the transcript of the minutes of the previous meeting and shall vote to accept the minutes. If the minutes require correction, a motion to correct the minutes shall be made, seconded, and voted upon.

Author: Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;22-22A-6.

History: New Rule: Filed April 17, 1998; effective May 22, 1998.

(1)Any motion may be made by any member of the Commission and may be seconded by any other member of the Commission. If there is no second, the motion dies. After the motion is seconded, the Chair shall call for discussion. Once discussion of the question is completed, or if there is no discussion, the Chair shall call for the question.

(2)Any members having made a motion may withdraw or change the motion before a vote with the approval of the member who made the second unless there is an objection. In the event of an objection, the Chair must call for a vote on the question of withdrawal or modification and thereafter, if necessary, must call for a final vote on the motion as it may be amended.

(3)Before the Chair states the question, the person making the motion can modify or withdraw it. After the Chair states the question, the person must get the consent of the Commission to withdraw it or make a motion for an amendment.

(4)A member may object to having the Commission consider any principal or main motion, but only when the motion is first introduced, before it has been debated. When a member makes a motion and another member objects to considering it, the Chair must immediately put the question to a vote.

Author: Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;22-22A-6.

History: New Rule: Filed April 17, 1998; effective May 22, 1998.

(1)The Commission shall not vote on any matter unless a quorum is present. Recusal of a member shall not affect the quorum.

(2)A simple majority of those voting is required for a motion to carry or for a member to be elected to office or to a committee.

(3)In the case of a tie vote, the motion shall not carry.

(4)A member who wishes to abstain from voting shall indicate so orally.

Author: Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;22-22A-6.

History: New Rule: Filed April 17, 1998; effective May 22, 1998.

(1)The Commission may establish committees to which certain questions may be referred for evaluation and recommendation to the Commission.

(a)Special committees may be established at any time to evaluate a particular question. A special committee will cease to exist once it has made its recommendation to the Commission.

(b)Standing committees may be established at any time for the purposes of considering all questions of a like nature which shall be defined in the motion seeking to establish the standing committee. Members of the standing committee shall serve until the expiration of the Chair's term.

(2)The procedure for establishing a committee is as follows:

(a)A motion which proposes a committee for a specific purpose and identifies the type of committee proposed is made, seconded, and carried.

(b)A motion which establishes the number of members of the committee is made, seconded, and carried.

(c)Nominations for Chair of the Committee are made and voted upon.

(d)Nominations for membership on the committee are made and voted upon.

(3)A committee may consist of no more than three members of the Commission.

(4)Standing committees and their members which are standing as of the effective date of these rules shall remain in effect as provided for by subparagraph (1)(b) above.

(5)Special committees and their members which are standing as of the effective date of these rules shall remain in effect as provided by subparagraph (1)(a) above.

Author: Olivia H. Jenkins

Statutory Authority: Code of Ala. 1975, &#167;22-22A-6.

History: New Rule: Filed April 17, 1998; effective May 22, 1998.

The purpose of these rules and regulations is to protect and enhance the public health and welfare through the development and implementation of coordinated statewide programs for the prevention, abatement and control of air pollution.

Author: Tommy E. Bryan

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: June 22, 1989. Amended:

(1)Meaning of Terms. As used in these rules and regulations, terms shall have the meanings ascribed in this Rule.

(a)"Act" shall mean the Alabama Air Pollution Control Act of 1971, Act No. 769, Regular Session, 1971.

(b)"Adjudication" shall mean decisions, orders, decrees, determinations, or rulings by the Commission or its authorized Hearing officers and is specifically limited to decisions in regard to citations, Sections 17(e) and (f) of the Act, and variances, Section 12 of the Act.

(c)"Adjudication Hearing" shall mean a hearing held before the Commission or its authorized Hearing Officer, pursuant to the issuance of a citation(s), Section 17(e) and (f) of the Act, and variances, Section 12 of the Act, for the purpose of establishing a record and a set of recommendations to provide the basis for an adjudication by the Commission of a contested case.

(d)"Air Contaminant" shall mean any solid, liquid, or gaseous matter, any odor, or any combination thereof, from whatever source.

(e)"Air Pollution" shall mean the presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as are, or tend to be, injurious to human health or welfare, animal or plant life, or property, or would interfere with the enjoyment of life or property throughout the State and in such territories of the State as shall be affected thereby.

(f)"Air Pollution Emergency" shall mean a situation in which meteorological conditions and/or contaminant levels in the ambient air reach or exceed the levels which may cause imminent and substantial endangerment to health.

(g)"Air Quality Control Region" shall mean jurisdictional areas designated in 40 CFR 81.

(h)"Capture System" shall mean the equipment (including hoods, ducts, fans, etc.) used to contain, capture, or transport a pollutant to a control device.

(i)"Chairman" shall mean the Chairman or, in his absence, the Vice Chairman of the Commission.

(j)"Citation" shall mean a notice sent by the Commission or its authorized agent (to suspected violators of the Act) pursuant to Section 17(e).

(k)"Coating" shall mean a protective, decorative, or functional film applied in a thin layer to a surface substrate.

(l)"Coating Applicator" shall mean an apparatus used to apply a surface coating.

(m)"Coating Line" shall mean one or more apparatus or operations which may include any number or combination of coating applicators, flash-off areas, and ovens wherein a surface coating is applied, dried, and/or cured.

(n)"Commenced" shall mean that an owner or operator has undertaken a continuous program of construction or modification or that an owner or operator has entered into a binding agreement or contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or modification.

(o)"Commission" shall mean the "Environmental Management Commission".

(p)"Construction" shall mean fabrication, erection, or installation of an affected facility.

(q)"Continuous Vapor Control System" shall mean a vapor control system that treats vapors displaced from tanks during filling on a demand basis without intermediate accumulation.

(r)"Control Device" shall mean any device which has the function of controlling the emissions from a process, fuel-burning, or refuse-burning device and thus reduces the creation of or the emission of air contaminants into the atmosphere, or both.

(s)"Control Regulation" shall mean a legally enforceable emission control strategy.

(t)"Control Strategy" shall mean a collection of various emission standards selected for the different categories of sources.

(u)"County Classification" shall mean the designation Class 1 County or Class 2 County. All facilities, plants, or other installations shall be subject to the restrictions on air pollution emissions specific to the county classification of the county in which they are located.

1.A "Class 2 County" shall mean a county in which:

(i)More than 50 percent of the county population resides in a non-urban place, as defined by the U.S. Department of Commerce Census Bureau for 1970.

(ii)No secondary National Ambient Air Quality Standards are being exceeded, based on 1971 air quality measurements.

2.A "Class 1 County" shall mean a county in which the conditions of either subparagraph 1.(i) or 1.(ii) above or both are not met.

(v)"Day" shall mean a twenty-four (24) hour period beginning at midnight.

(w)"Department" shall mean the Alabama Department of Environmental Management.

(x)"Director" shall mean the Director of the Department of Environmental Management.

(y)"Effluent Water Separator" shall mean any tank, box, sump, or other container in which any volatile organic compound floating on or entrained or contained in water entering such tank, box, sump, or other container is physically separated and removed from such water prior to outfall, drainage, or recovery of such water.

(z)"Emission" shall mean a release into the outdoor atmosphere of air contaminants.

(aa)"Employee" shall mean any employee of the Commission or Division.

(bb)"Existing Source" shall mean any source in operation or on which construction has commenced on the date of initial adoption of an applicable rule or regulation; except that any existing source which has undergone modification after the date of initial adoption of an applicable rule or regulation, shall be reclassified and considered a new source.

(cc)"Federal Act" shall mean the Clean Air Act (42 U.S.C. 1857 etseq.) as last amended, and as may hereafter be amended.

(dd)"Flash-Off Area" shall mean the space between the application area and the oven.

(ee)"Fuel-Burning Equipment" shall mean any equipment, device, or contrivance and all appurtenances thereto, including ducts, breechings, fuel-feeding equipment, ash removal equipment, combustion controls, stacks, and chimney, used primarily, but not exclusively, to burn any fuel for the purpose of indirect heating in which the material being heated is not contracted by and adds no substance to the products of combustion.

(ff)"Fugitive Dust" shall mean solid air-borne particulate matter emitted from any source other than a flue or stack.

(gg)"Gasoline" shall mean a petroleum distillate having a Reid vapor pressure of 27.6 KPA (4 psia) or greater and used as a fuel for internal combustion engines.

(hh)"Heat Available" shall mean the aggregate heat content of all fuels whose products of combustion pass through a stack or stacks.

(ii)"Hydrocarbons" shall mean any organic compound of carbon and hydrogen only.

(jj)"Incinerator" shall mean any equipment, device, or contrivance and all appurtenances thereof used for the destruction (by burning) of solid, semi-solid, liquid, or gaseous combustible wastes.

(kk)"Intermediate Vapor Control System" shall mean a vapor control system that employs an intermediate vapor holder to accumulate vapors displaced from tanks during filling. The control device treats the accumulated vapors only during automatically controlled cycles.

(ll)"Loading Rack" shall mean an aggregation or combination of gasoline loading equipment arranged so that all loading outlets in the combination can be connected to a tank truck or trailer parked in a specified loading space.

(mm)"Maximum Process Weight Per Hour" shall mean the equipment manufacturer's or designer's guaranteed maximum (whichever is greater) process weight per hour.

(nn)"Model Year" shall mean the annual production period of new motor vehicles designated by the calendar year in which such period ends, provided that if the manufacturer does not so designate vehicles manufactured by him, the model year with respect to such vehicle shall mean the twelve-month period beginning January 1 of the year specified herein.

(oo)"Modification" shall mean any physical change in, or change in the method of operation of, an affected source which increases the amount of any air contaminant (to which a rule or regulation applies) emitted by such source or which results in the emission of any air contaminant (to which a rule or regulation applies) not previously emitted, except that:

1.Routine maintenance, repair, and replacement shall not be considered physical changes, and

2.The following shall not be considered a change in the method of operation:

(i)An increase in the production rate;

(ii)An increase in hours of operation;

(iii)Use of an alternative fuel or raw material.

(pp)"Motor Vehicle" shall mean every self-propelled device in or upon or by which any person or property is, or may be, transported or drawn upon a public highway.

(qq)"New Source" shall mean any source built or installed on or after the date of initial adoption of an applicable rule or regulation, and any source existing at said stated time which later undergoes modification. Any source moved to another premise involving a change of location after the date of initial adoption of an applicable rule or regulation shall be considered a new source. This definition of new source is not applicable to ADEM Admin. Code Rules 335-3-10-.01(3) and 335-3-11-.01(3).

(rr)"Objector" shall mean any person who objects to the granting of a variance pursuant to Section 12(d) of the Act.

(ss)"Odor" shall mean smells or aromas which are unpleasant to persons or which tend to lessen human food and water intake, interfere with sleep, upset appetite, produce irritation of the upper respiratory tract, or cause symptoms or nausea, or which by their inherent chemical or physical nature or method or processing are, or may be, detrimental or dangerous to health. Odor and smell are used interchangeably herein.

(tt)"Opacity" shall mean the degree to which emissions reduce the transmission of light and obscure the view of the background.

(uu)"Open Burning" shall mean the burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the ambient air without passing through an adequate stack, duct, or chimney.

(vv)"Operating Time" shall mean the number of hours per year that a source conducts operations.

(ww)"Organic Material" shall mean a chemical compound of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate.

(xx)"Oven" shall mean a chamber within which heat is used to bake, cure, polymerize, and/or dry a surface coating.

(yy)"Owner or Operator" shall mean any person who owns, leases, operates, controls, or supervises an affected facility, article, machine, equipment, other contrivance, or source.

(zz)"Particulate Matter" shall mean finely divided material, except uncombined water, which is a liquid or solid at the conditions of the applicable test method.

(aaa)"Party" shall mean the petitioner(s) for variance under Section 12 of the Act, the person(s) objecting to the grant of a variance petition under Section 12 of the Act, the alleged violator in the case of a citation issued pursuant to Section 17(e) of the Act, and the State.

(bbb)"Petitioner" shall mean any person who petitions the Commission pursuant to Section 12 of the Act and in accordance with Rule 335-3-1-.09 of the Rules and Regulations.

(ccc)"PM10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method based on 40 CFR 50, Appendix J, and designated in accordance with 40 CFR 53, or by an equivalent method designated in accordance with 40 CFR 53.

(ddd)"PM10 Emission" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternative method, specified in 40 CFR.

(eee)"Prime Coat" shall mean the first film of coating applied in a multiple coat operation.

(fff)"Priority Classification" shall mean Air Quality Control Region Pollutant Priority Classifications set forth in 40 CFR 52.

(ggg)"Process" shall mean any action, operation, or treatment of materials, including handling and storage thereof, which may cause discharge of an air contaminant or contaminants into the atmosphere, but excluding fuel burning and refuse burning.

(hhh)"Process Weight" shall mean the total weight in pounds of all materials introduced into any specific process which may cause any discharge into the atmosphere.

(iii)"Process Weight Per Hour" shall mean the total weight of all materials introduced into any specific process that may cause any discharge of particulate matter. Solid fuels charged will be considered as part of the process weight, but liquid and gaseous fuels and combustion air will not. For a cyclical or batch operation, the process weight per hour will be derived by dividing the total process weight by the number of hours in one complete operation from the beginning of any given process to the completion thereof, excluding any time during which the equipment is idle. For a continuous operation, the process weight per hour will be derived by dividing the process weight for a typical period of time by that time period.

(jjj)"Refuse" shall mean matter consisting of garbage, rubbish, ashes, street debris, dead animals, abandoned vehicles, industrial wastes, demolition wastes, construction wastes, special wastes, or sewage treatment residue.

(kkk)"Reid Vapor Organic Pressure" shall mean a vapor pressure specification for volatile crude oil and volatile nonviscous petroleum liquids except liquid petroleum gases as determined by American Society for Testing and Materials. The pressure approximates the absolute vapor pressure of the liquid.

(lll)"Shutdown" shall mean the cessation of operation of affected source or emission control equipment.

(mmm)"Six-Minute Average" shall be determined by calculating the arithmetic mean of twenty-four (24) consecutive opacity observations, taken at intervals of fifteen (15) seconds.

(nnn)"Smoke" shall mean gas-borne particles resulting from incomplete combustion consisting predominantly, but not exclusively, of carbon, ashes, or other combustible materials.

(ooo)"Soiling Index" shall mean a measure of the soiling properties of total suspended particulates in air determined by drawing a measured volume of air through a known area of Whatman No. 4 filter paper for a measured period of time, expressed as COHs/1,000 linear feet.

(ppp)"Solvent" shall mean organic materials which are liquid at standard conditions and which are used as dissolvers, viscosity reducers, or cleaning agents.

(qqq)"Source" shall mean any building, structure, facility, installation, article, machine, equipment, device, or other contrivance which emits or may emit any air contaminant. Any activity which utilizes abrasives or chemicals for cleaning or any other purpose (such as cleaning the exterior of buildings) which emits air contaminants shall be considered a source.

(rrr)"Stack or Ducts" shall mean any flue, duct, or other contrivance arranged to conduct emissions to the open air.

(sss)"Standard Conditions" shall mean a temperature of 20&#176; C (68&#176; F) and pressure of 760 millimeters of mercury (29.92 inches of mercury).

(ttt)"Startup" shall mean the setting in operation of an affected source for any purpose.

(uuu)"State" shall mean the State of Alabama, the Environmental Management Commission, and the Commission's representatives.

(vvv)"Storage Tank Capacity" shall mean the tank manufacturer's design capacity. Storage tank and storage vessel shall be equivalent in meaning.

(www)"Submerged Fill Pipe" shall mean any fill pipe, the discharge opening of which is entirely submerged when the liquid level is six (6) inches above the bottom of the tank; or when applied to a tank which is loaded from the side, shall mean any fill pipe, of which the top of the discharge opening is not over 18 inches from the bottom of the tank.

(xxx)"Topcoat" shall mean the final film of coating applied in a multiple coat operation.

(yyy)"Total Reduced Sulfur (TRS)" shall mean hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl disulfide, and any other organic sulfides present.

(zzz)"Total suspended particulate" means particulate matter as measured by the method described in 40 CFR 50, Appendix B.

(aaaa)"Transfer Efficiency (TE)" shall mean the efficiency of a surface coating application system to deposit coating solids on a substrate. The transfer efficiency of an application system is determined by dividing the volume of coating solids deposited on a substrate by the total volume of coating solids used.

(bbbb)"True Vapor Pressure" shall mean the equilibrium partial pressure exerted by a stored petroleum liquid at the temperature equal to the highest calendar-month average of the liquid storage temperature as determined in accordance with methods described in American Petroleum Institute Bulletin 2517, "Evaporation Loss from External Floating Roof Tanks," 1962, Second Edition, February 1980.

(cccc)"Uncombined Water" shall mean any water droplets or water vapor condensate that does not contain any other solid or liquid particulate matter attached to the water droplets.

(dddd)"Vapor Collection System" shall mean a vapor transport system which uses direct displacement by the liquid loaded to force vapors from the tank into a vapor control system.

(eeee)"Vapor Recovery System" shall mean a system that prevents release to the atmosphere of at least 90 percent by weight of organic compounds in the vapor displaced from a tank during the transfer of gasoline.

(ffff)"Violator" shall mean any person who is issued a citation by the Commission or its authorized agent pursuant to Section 17(e) and (f) of the Act.

(gggg)"Volatile Organic Compounds (VOC)" shall mean any compound of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions. This includes any such organic compound other than the following:

1.Methane;

2.Ethane;

3.Methyl Chloroform (1,1,1 Trichloroethane);

4.Methylene Chloride (Dichloromethane);

5.CFC-11 (Trichlorofluoromethane);

6.CFC-12 (Dichlorodifluoromethane);

7.HCFC-22 (Chlorodifluoromethane);

8.HFC-23 (Trifluoromethane);

9.CFC-114 (1,2-dichloro 1,1,2,2-Tetrafluoroethane);

10.CFC-115 (Chloropentafluoroethane);

11.HCFC-123 (1,1,1-Trifluoro-2,2-dichloroethane);

12.HCFC-124 (2-Chloro-1,1,1,2-tetrafluoroethane);

13.HFC-125 (Pentafluoroethane);

14.HFC-134 (1,1,2,2-Tetrafluoroethane);

15.HFC-134a (1,1,1,2-Tetrafluoroethane);

16.HCFC-141b (1,1-Dichloro-1-fluoroethane);

17.HCFC-142b (1-Chloro-1,1-difluoroethane);

18.HFC-143a (1,1,1-Trifluoroethane);

19.HFC-152a (1,1-Difluoroethane);

20.CFC-113 (1,1,2-Trichloro-1,2,2-Trifluoroethane);

21.Parachlorobenzotrifluoride (PCBTF);

22.Cyclic, branched, or linear completely methylated siloxanes;

23.Acetone;

24.Perchloroethylene (tetrachloroethylene);

25.HCFC-225ca (3,3-dichloro-1,1,1,2,2? pentafluoropropane);

26.HCFC-225cb (1,3-dichloro-1,1,2,2,3- pentafluoropropane);

27.HFC 43-10mee (1,1,1,2,3,4,4,5,5,5- decafluoropentane);

28.HFC-32 (Difluoromethane);

29.HFC-161 (Ethylfluoride);

30.HFC-236fa (1,1,1,3,3,3-Hexafluoropropane);

31.HFC-245ca (1,1,2,2,3-Pentafluoropropane);

32.HFC-245ea (1,1,2,3,3-Pentafluoropropane);

33.HFC-245eb (1,1,1,2,3-Pentafluoropropane);

34.HFC-245fa (1,1,1,3,3-Pentafluropropane);

35.HFC-236ea (1,1,1,2,3,3-Hexafluoropropane);

36.HFC-365mfc (1,1,1,3,3-Pentafluororbutane);

37.HCFC-31 (Chlorofluoromethane);

38.HCFC-123a (1,2-Dichloro-1,1,2-trifluoroethane);

39.HCFC-151a (1-Chloro-1-fluoroethane);

40.C4F9OCH3 (1,1,1,2,2,3,3,4,4-Nonafluoro-4- methoxybutane);

41.(CF3)2CFCF2OCH3 (2-(Difluoromethoxymethyl)-1,1,1,2, 3,3,3-heptafluoropropane);

42.C4F9OC2H5 (1-Ethoxy-1,1,2,2,3,3,4,4,4- nonafluorobutane);

43.(CF3)2CFCF2OC2H5 (2-(Ethoxydifluoromethyl)-1,1,1,2, 3,3,3-heptafluoropropane);

44.Methyl Acetate; and

45.Perfluorocarbon compounds which fall into these four classes:

(i)Cyclic, branched, or linear, completely fluorinated alkanes;

(ii)Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;

(iii)Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations, and

(iv)sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

(2)The heretofore mentioned excluded organic compounds have been determined to have negligible photochemical reactivity by the EPA Administrator. For purposes of determining compliance with emission limits under Chapter 335-3-6, VOC shall be measured by the approved test methods contained in Chapter 335-3-6. Where such a method also inadvertently measures the heretofore mentioned negligibly photochemical reactive organic compounds with the reactive organic compounds, an owner or operator may exclude these negligibly reactive compounds when determining compliance with an emission limit using EPA-approved test methods and procedures.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended: Effective Date: September 24, 1974, November 27, 1978, April 3, 1979, June 5, 1979, July 26, 1979, June 16, 1988, September 21, 1989, November 1, 1990, October 24, 1991. Amended: Filed October 19, 1995; effective November 23, 1995. Amended: Filed December 1, 1995; effective January 5, 1996. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed August 21, 1997; effective September 25, 1997. Amended: Filed February 20, 1998; effective March 27, 1998. Amended: Filed October 15, 1998; effective November 19, 1998. Amended: Filed August 3, 2000; effective September 7, 2000.

(1)Primary and Secondary Standards. The National Primary Ambient Air Quality Standards and National Secondary Ambient Air Quality Standards and accompanying appendices of reference methods, set forth in 40 CFR 50, as the same may be amended or revised, are hereby incorporated and made a part of these regulations and shall apply throughout the State.

(2)Policy. It is the objective of the Commission to obtain and maintain the ambient air quality standards of this Rule in achieving the policy and purpose of the Act and as required by the Federal Act. The adoption hereby of the National Primary and Secondary Ambient Air Quality Standards shall not be considered in any manner to allow significant deterioration of existing air quality in any portion of the State.

(3)Attainment of Primary Standard. These rules and regulations and the administration of the Division by the Director shall provide for the attainment of the National Primary Ambient Air Quality Standards throughout the State as expeditiously as practicable, but in no case later than three years after the date of initial adoption of these rules and regulations or within the time limits specified by Section 110(a) of the Clean Air Act, as amended (91 Stat. 685), whichever is later.

(4)Attainment of Secondary Standard. To the extent practicable and feasible, these rules and regulations and the administration of the Division by the Director shall strive for the attainment of the National Secondary Ambient Air Quality Standards throughout the State concurrently with the attainment of the National Primary Ambient Air Quality Standard as provided in Rule 335-3-1-.03(3).

(5)Effect on Interstate Air Quality Control Regions. The administration of the Division by the Director shall insure that air contaminants emitted within an Alabama portion of an Interstate Air Quality Control Region designated at 40 CFR 81 will not interfere with attainment and maintenance of any National Primary or Secondary Ambient Air Quality Standards in the remaining portion of such region. To this end, the Director is authorized to advise and consult with air pollution control agencies in other states and to enter into cooperative agreements with such agencies to achieve the purposes of this Rule.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended: Filed October 15, 1998; effective November 19, 1998.

(1)The Director may require the owner or operator of any air contaminant source to establish and maintain such records; make such reports; install, use, and maintain such monitoring equipment or methods; sample such emissions in accordance with such methods at such locations, intervals, and procedures as the Director may prescribe; and provide such periodic emission reports as required in paragraph (2) of this Rule below.

(2)Reports. Records and reports as the Director may prescribe on air contaminants or fuel shall be recorded, compiled, and submitted on forms furnished by the Director or when forms are not so furnished, then in formats approved by the Director. These may include but not be limited to any of the following:

(a)Emissions of particulate matter, sulfur dioxide, and oxides of nitrogen shall be expressed as follows: in pounds per hour and pounds per million BTU of heat input for fuel-burning equipment; in pounds per hour and pounds per 100 pounds of refuse burned for incinerators; and in pounds per hour and in pounds per hourly process weight or production rate or in terms of some other easily measured and meaningful process unit specified by the Director.

(b)Sulfur dioxide and oxides of nitrogen emission data shall be averaged over a 24-hour period and shall be summarized monthly. Daily averaged and monthly summaries shall be submitted to the Director biannually. Data should be calculated daily and available for inspection at any time.

(c)Particulate matter emissions shall be sampled and submitted biannually.

(d)Visible emissions shall be measured continuously, and records kept indicating total minutes per day in which stack discharge effluent exceeds 20 percent opacity. Data should be summarized monthly and submitted monthly and biannually. Current daily results shall be available for inspection at any time.

(e)The sulfur content of fuels, as burned, except natural gas, shall be determined in accordance with current recognized ASTM procedures. Averages for periods prescribed by the Director shall be submitted biannually. Records shall be kept current and be available for inspection.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Methods. All required sampling and testing shall be made and the results calculated in accordance with sampling testing procedures and methods approved by the Director. All required samples and tests shall be made under the direction of persons qualified by training and/or experience in the field of air pollution control.

(2)Standard Methods. The Director, to the extent practicable, should recognize and approve the test methods and procedures established by 40 CFR 60, as the same may be amended or revised.

(3)The Division may conduct tests and take samples of air contaminants, fuel, process material, or other material which affects or may affect emission of air contaminants from any source. Upon request of the Division, the person responsible for the source to be tested shall provide necessary holes in stacks or ducts and such other safe and proper sampling and testing facilities exclusive of instruments and sensing devices as may be necessary for proper determination of the emission of air contaminants. If an authorized employee of the Division during the course of an inspection obtains a sample of air contaminant, fuel, process material, or other material, he shall give the owner or operator of the equipment or fuel facility a receipt for the sample obtained.

(4)Report to Owner or Operator. At the conclusion of any inspection under Section 9 of the Act or conduction of any testing or sampling under this Part, if requested, the owner or operator of the premises shall receive a report setting forth all facts found which relate to compliance status with the Act and these rules and regulations.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended:

(1)Scope. Except as otherwise specified, compliance with the provisions of these rules and regulations shall be according to the time schedule of this Rule.

(2)New Sources. All new sources shall comply with the applicable rules and regulations of Chapter 335-3-3 etseq. within 60 days after achieving the maximum production rate at which the affected source will be operated, but not later than 120 days after initial startup of such source, unless the Director specifies another period of time as a condition to the issuance of any Permit under Chapter 335-3-14.

(3)Existing Sources. All existing sources not in compliance as of the date of initial adoption of an applicable rule or regulation contained in Chapter 335-3-3 etseq. shall be in compliance within six (6) months of such initial date unless the owner or operator responsible for the operation of such source shall have submitted to the Director in a form and manner satisfactory to him, a control plan and schedule for achieving compliance, such plan and schedule to contain a date on or before which full compliance will be attained and such other information as the Director may require. Any such plan and schedule expected to extend over a period of eighteen (18) or more months from such initial date shall include provisions for periodic increments of progress toward full compliance. If approved by the Director, such dates shall be the dates on which said owner or operator shall achieve incremental progress and full compliance. The Director may require persons to submit subsequent periodic reports on progress in achieving compliance. In no event shall the control plan and schedule exceed three (3) years from the date of initial adoption of an applicable rule or regulation. The provisions of this paragraph shall not apply to sources for which permits are required under Chapter 335-3-14.

(4)Nothing in this Rule shall relieve any person or any new or existing source from complying with the provisions of Chapters 335-3-1 and 335-3-2 of these rules and regulations.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Maintenance; Reporting. In the case of shutdown of air pollution control equipment (which operates pursuant to any permit issued by the Director) for necessary scheduled maintenance, the intent to shut down such equipment shall be reported to the Director at least twenty-four (24) hours prior to the planned shutdown, unless such shutdown is accompanied by the shutdown of the source which such equipment is intended to control. Such prior notice shall include, but is not limited to the following:

(a)Identification of the specific facility to be taken out of service as well as its location and permit number;

(b)The expected length of time that the air pollution control equipment will be out of service;

(c)The nature and quantity of emissions of air contaminants likely to occur during the shutdown period;

(d)Measures such as the use of off-shift labor and equipment that will be taken to minimize the length of the shutdown period;

(e)The reasons that it would be impossible or impractical to shut down the source operation during the maintenance period.

(2)Malfunction; Reporting. In the event that any emission source, air pollution control equipment, or related facility fails or breaks down in such a manner as to cause the emission of air contaminants in violation of these rules and regulations, the person responsible for such source, equipment, or facility shall notify the Director within twenty-four (24) hours of such failure or breakdown and provide a statement giving all pertinent facts, including the estimated duration of the breakdown. The Director shall be notified when the condition causing the failure or breakdown has been corrected and such source, equipment, or facility is again in operation.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended:

No person shall permit or cause air pollution, as defined in Rule 335-3-1-.02(1)(e) of this Chapter by the discharge of any air contaminant for which no ambient air quality standards have been set under Rule 335-3-1-.03(1).

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed August 3, 2000; effective September 7, 2000.

(1)Petition Procedures.

(a)Any person subject to any rule or regulation, requirement or order, may petition the Commission for a variance from the application thereof as prescribed by the Act. A petition for a variance must state the following:

1.The name, address, and telephone number of the petitioner, or other person authorized to receive service of notices.

2.Whether the petitioner is an individual, partnership, corporation or other entity, and names and addresses of the partners, if a partnership, and names and addresses of the officers, if a corporation, and names and addresses of the persons in control, if other entity.

3.The type of business or activity involved in the application and the street address at which it is conducted.

4.A brief description of the article, machine, equipment, or other contrivance, if any, involved in the petition.

5.The signature of the petitioner or that of some person on his behalf, and, where the person signing is not the petitioner, the authority to sign.

6.The rule or regulations, requirement or order from which a variance is requested.

7.The facts showing why compliance with such rule or regulation, requirement or order would impose serious hardship on the petitioner or on any other person or persons without equal or greater benefits to the public.

8.The facts showing why the emissions occurring or proposed to occur do not endanger or tend to endanger human health or safety, human comfort, and aesthetic values.

9.For what period of time the variance is sought and why.

10.Provisions of the rule or regulation, requirement or order which the petitioner can meet and the date when petitioner can comply with such provisions.

11.Whether or not any case involving the same identical equipment or process identified in subparagraph (a)4. of this paragraph above is pending in any court, civil or criminal.

(b)All petitions shall be typewritten, double spaced, on legal or letter size paper, on one side of the paper only.

(2)Failure to Comply with Procedures.

(a)The Director shall not accept for filing any petition which does not comply with these rules and regulations relating to the form, filing, and service of petitions unless the Chairman or any two members of the Commission direct otherwise and confirm such direction in writing. Such direction need not be made at a meeting of the Commission.

(b)The Chairman or any two members, without a meeting, may require the petitioner to state further facts or reframe a petition so as to disclose clearly the issues involved.

(3)Objection Procedures.

(a)A person may file a written objection to the grant of a variance within twenty-one (21) days from initial advertised notice and thus insure that a public hearing will be held, according to Section 12(d) of Act. An objection to the grant of a variance must state:

1.The objector's name, address, and telephone number.

2.Whether the objector is an individual, partnership, corporation, or other entity, and names and addresses of the partners, if a partnership, names and addresses of the officer, if a corporation, and the names and addresses of the persons in control, if other entity.

3.A specification of which petition for a variance is being objected to.

4.A statement indicating why the objector believes that the variance should not be granted.

(b)All objections should be typewritten or carefully printed in ink on legal or letter size paper.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended: Effective Date: September 24, 1974. Amended: Filed October 17, 1996; effective November 21, 1996.

No person shall cause or permit the installation or use of any device or any means which, without resulting in reduction in the total amount of air contaminant emitted, conceals or dilutes any emission of air contaminant which would otherwise violate these rules and regulations.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended: Effective Date: September 24, 1974.

The provisions of these rules and regulations and the various applications thereof are declared to be severable and if any chapter, rule, paragraph, subparagraph, clause, or phrase of these rules and regulations shall be adjudged to be invalid or unconstitutional by any court of competent jurisdiction, the judgment shall not affect, impair, or invalidate the remainder of these rules and regulations, but shall be confined in its operation to the chapter, rule, paragraph, subparagraph, clause, or phrase of these rules and regulations that shall be directly involved in the controversy in which such judgment shall have been rendered.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended: Effective Date: September 24, 1974. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Notwithstanding the specific emission limitations contained in Chapters 335-3-3, 335-3-4, 335-3-5, 335-3-7, and 335-3-8, the Director may allow a facility to reduce the level of control required at one source in exchange for an equal increase in the level of control required at another source. Approval of any such exchange shall not be granted unless it is consistent with the requirements of Federal and State law.

(2)Any such approval granted will not be effective until it becomes a part of the approved State Implementation Plan.

Author: Richard E. Grusnick

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: April 3, 1979. Amended:

(1)Compliance Certification. Notwithstanding any other provision in ADEM Admin. Code Division 3, an owner or operator may use any credible evidence or information relevant to whether a source would have been in compliance with applicable requirements if the appropriate performance or compliance test had been performed, for the purpose of submitting compliance certifications.

(2)Enforcement. Notwithstanding any other provision in ADEM Admin. Code Division 3, any credible evidence or information relevant to whether a source would have been in compliance with applicable requirements if the appropriate performance or compliance test had been performed, can be used to establish whether or a not an owner or operator has violated or is in violation of any rule or standard in this Division.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed April 15, 1999; effective May 20, 1999.

(1)General. The requirements of this Rule serve to establish ozone season NOX emissions reporting requirements from NOX point sources in order to meet the statewide NOX transport budget reporting requirements under 40 CFR, &#167;51.122.

(2)Definitions. For the purpose of this Rule, the following definitions apply:

(a)"NOX Point Source" means:

1.A plant or facility which has one or more non-mobile or stationary NOX sources; and,

2.Has the potential to emit a total of 100 tons of NOX or more per year.

(b)"Ozone Season" means the period May 1 through September 30 of a year.

(c)"Potential to Emit" shall have the same meaning ascribed in Chapters 335-3-14 and 335-3-16 of this Division.

(3)Applicability. This Rule applies to all owners or operators of NOX point sources in the State that have NOX emission sources that are not subject to Rules 335-3-8-.01, 335-3-8-.04, or Rules 335-3-8-.05 through 335-3-8-.13.

(4)Reporting requirements.

(a)The owner or operator of a point source shall submit NOX ozone season emissions data as follows:

1.Annual reporting. For each owner or operator, beginning with emission year 2004 and every year thereafter, by March 31st of the calendar year following the emission year being reported, the data specified in 40 CFR, &#167;&#167;51.122(c)(1) and (2) must be submitted to the Department.

2.Triennial reporting. For each owner or operator, beginning with emission year 2005 and every third year thereafter, by March 31st of the calendar year following the emission year being reported, the data specified in 40 CFR, &#167;51.122(c)(3) must be submitted to the Department.

3.Year 2003 reporting. For each owner or operator, by March 31, 2004, the data specified in 40 CFR, &#167;51.122(c)(3) must be submitted to the Department.

4.Year 2007 reporting. For each owner or operator, by March 31, 2008, the data specified in 40 CFR, &#167;51.122(c)(3) must be submitted to the Department.

(b)The data required under subparagraph (a) of this paragraph shall be submitted electronically to the Department in a format prescribed and provided by the Department.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-10, 22-28-14, 22-28-18, 22-28-20, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed March 2, 2001; effective April 6, 2001.

The Director is authorized and empowered to enforce or require enforcement of any provisions of this Chapter throughout the State of Alabama.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended:

When the Director determines that conditions justify the proclamation of an air pollution episode stage, due to the accumulation of air contaminants in any place within the State, attaining levels which could, if sustained or exceeded, lead to a substantial threat to the health of persons, he shall be guided by the following criteria:

(a)Episode stages shall be determined and declared upon the basis of average concentrations recorded at any monitoring station in the State.

(b)If contamination and meteorology warrant, any advanced episode stage may be declared by the Director without first declaring a lesser degree of Alert or Watch. The Director shall, at his discretion, declare a lesser stage, the termination or the continuance of the advanced episode stage during such times when contamination and meteorological conditions moderate significantly after an advanced episode stage has been declared.

(c)Episode Watch. The Director shall declare an Episode Watch when one or more of the following events takes place:

1.An Atmospheric Stagnation Advisory is issued by the National Weather Service, stating that atmospheric conditions marked by a slow moving high pressure system, light winds, and temperature inversions are expected to affect the State of Alabama or portions thereof for the next thirty-six (36) hours.

2.A forecast by local meteorologist that stagnant atmospheric conditions as described above could result in high air pollution levels in Alabama or portions thereof.

3.Validated reports of abnormally high air pollution measurements, specifically, reaching or exceeding fifty percent (50%) of the Alert level of paragraph (4) of this Rule for at least three (3) consecutive hours at a given locality in the State.

(d)Alert. The Director shall declare an Alert when any one of the following contaminant concentrations is measured at any monitoring site and when adverse meteorological conditions can be expected to remain at these levels or higher for the next twelve (12) hours or more unless control measures are taken:

1.Sulfur Dioxide. Measured by a continuous reference method analyzer or equivalent.

24-hour average, 0.30 ppm (800 ug/m3)

2.PM10. Measured by a PM10 sampler, 24 hour accumulation.

24-hour average, 350 ug/m3

3.Carbon Monoxide. Measured by a continuous reference method analyzer or equivalent.

8-hour average, 15 ppm (17 mg/m3)

4.Nitrogen Dioxide. Measured by a continuous reference method analyzer or equivalent.

24-hour average, 0.15 ppm (282 ug/m3)

or 1-hour average, 0.6 ppm (1130 ug/m3)

5.Ozone. Measured by a continuous reference method analyzer or equivalent.

1-hour average, 0.15 ppm (295 ug/m3)

(e)Warning. A Warning shall be declared by the Director when the concentrations of any of the following air contaminants measured at any monitoring site reach the following levels, and when adverse meteorological conditions can be expected to remain at these levels or higher for the next 12 hours or more unless control measures are taken:

1.Sulfur Dioxide. Measured by a continuous reference method analyzer or equivalent.

24-hour average, 0.6 ppm (1600 ug/m3)

2.PM10. Measured by a PM10 sampler, 24-hour accumulation.

24-hour average, 420 ug/m3

3.Carbon Monoxide. Measured by a continuous reference method analyzer or equivalent.

8-hour average, 30 ppm (34 mg/m3)

4.Nitrogen Dioxide. Measured by a continuous reference method analyzer or equivalent.

24-hour average, 0.30 ppm (565 ug/m3)

1-hour average, 1.20 ppm (2260 ug/m3)

5.Ozone. Measured by a continuous reference method analyzer or equivalent.

1-hour average, 0.40 ppm (800 ug/m3)

(f)Emergency. An Emergency shall be declared by the Director when the following concentrations of air contaminants have been reached or when meteorological conditions can be expected to reach or exceed these levels at any monitoring site in the State for a period of twelve (12) hours or more unless control actions are taken:

1.Sulfur Dioxide. Measured by a continuous reference method analyzer or equivalent.

24-hour average, 0.8 ppm (2100 ug/m3)

2.PM10. Measured by a PM10 sampler, 24-hour accumulation.

24-hour average, 500 ug/m3

3.Carbon monoxide. Measured by a continuous reference method analyzer or equivalent.

8-hour average, 40 ppm (46 mg/m3)

4.Nitrogen Dioxide. Measured by a continuous

reference method analyzer or equivalent.

24-hour average, 0.40 ppm (750 ug/m3)

1-hour average, 1.60 ppm (3000 ug/m3)

5.Ozone. Measured by a continuous reference method analyzer or equivalent.

1-hour average, 0.50 ppm (1000 ug/m3)1

(g)Termination.

1.The status reached by application of the Episode Criteria of this Rule shall remain in effect until the criteria for that level is no longer met. At such time, the next lower status will be assumed and such changes declared by the Director. Specifically:

(i)When ambient contaminant concentrations fall below the critical levels for the stage, and a downward trend of concentrations is established; and

(ii)When meteorological conditions that attended the high concentrations are no longer called for in official weather predictions.

2.A public declaration will take on one of the following forms:

_______________________

1(Revised March 30, 1976)

(i)Terminate "Emergency Status", resume "Warning Status" or "Alert Status", whichever is appropriate;

(ii)Terminate "Warning Status", resume "Alert Status", or stage;

(iii)Terminate "Episode Status".

3.Upon termination of an "Episode Status", the Air Division will remain on internal "Episode Watch" until a return to normal operation is announced by the Director.

(h)Status Declaration Authority. The Director of the Alabama Department of Environmental Management, or his duly authorized agent, shall have the authority to make an announcement of internal Episode Watch and public declarations of Alert, Warning, and Emergency Status.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date January 18, 1972. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed August 3, 2000; effective September 7, 2000.

(1)The Director shall have the authority to declare episodic conditions when the atmospheric concentration of a single contaminant or that of a specific locality within the State show elevated concentrations.

(2)Specific Pollutant Situation. When concentrations of one or two contaminants reach or exceed the defined criteria levels, and concentration of other contaminants remain substantially below 50 percent of Alert levels, and meteorological conditions are such that these specific contaminant concentrations can be expected to remain at the above levels for 12 hours or more or increase unless control action is taken, a Specific Alert, Warning, or Emergency Status shall be declared by the Director, naming the contaminants that meet the respective criteria. In such instances when two such contaminants meet different criteria, the Director shall declare the status for the episode having the higher level and that an Episode Watch is being maintained on the remaining contaminant.

(3)Specific Locality Situation. When high concentrations of one or more contaminants are measured at one monitoring site and not others and the effect is Judged to originate from an identifiable source near the given site, the Director shall declare the appropriate local Alert, Warning, or Emergency Status for the delineated area and that an Episode Watch is in effect for any remaining portion of the jurisdictional area while meteorological conditions favor the maintenance or increase of said high concentration for at least twelve (12) hours or more unless control action is taken.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5; 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended:

Upon declaring an Episode Watch, Alert, Warning, or Emergency, the Director shall order persons responsible for the operation of a source of air contaminants causing or contributing to such episode to take the general measures outlined in the Emergency Episode Plan for the State of Alabama (dated November 1971, prepared by TRW, Inc.) or revision thereof, as he deems appropriate, in addition to all specific source curtailments designated by him.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended:

The Director shall declare an Alert, Warning, or Emergency Status specific for two contaminants when the ambient concentrations of two contaminants simultaneously reach or exceed their respective Episode Criteria of this Chapter and meteorological conditions or such that contaminant concentrations can be expected to remain at those criteria levels for twelve (12) or more hours or increase unless control actions are taken. When criteria levels correspond to different episode status for two contaminants, the Director shall declare the status of the higher of the two.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended:

The Director shall in the event that ambient concentrations of three (3) or more contaminants simultaneously reach or exceed their respective Episode Criteria and no improvements in meteorological conditions are forecast for the next twelve (12) hours, declare a General Alert, Warning, or Emergency Status. In the event that criteria levels correspond to different statuses for each contaminant, the Director shall declare a general status corresponding to the highest individual status.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended:

(1)The Director shall specify the area of the State affected when a Local Alert, Warning, or Emergency Status is declared or when an Accidental Episode for common contaminants occurs, based upon air quality and meteorological reports and predictions.

(2)When the Director declares such a local episode, any person responsible for the operation from which excess emissions result shall shut down such an operation and make repairs or alter the process as required by the Director to restore normal operations.

(3)When the Director declares that a Local Alert, Warning, or Emergency Status is in effect for a delineated area, corresponding general measures shall be applied as detailed in Rule 335-3-2-.04, depending upon which contaminant(s) is/are being emitted in excess.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5; 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended:

(1)Any person responsible for the operation of a source of air contaminants as determined by the Director shall prepare standby plans for reducing the emissions of air contaminants during periods of an Episode Alert, Warning, and Emergency. Standby plans shall be designed to reduce or eliminate emissions of air contaminants in accordance with the objectives set forth in Rule 335-3-2-.04.

(2)Any person responsible for the operation of a source of air contaminants not designated by the Director shall, when requested in writing by the Director, prepare standby plans for reducing the emission of air contaminants during periods of Episode Alert, Warning, and Emergency. Standby plans shall be designed to reduce or eliminate emissions for air contaminants in accordance with the objectives set forth in Rule 335-3-2-.04.

(3)Standby plans as required under paragraph (1) of this Rule shall be in writing and identify the sources of air contaminants, the amount of reduction of contaminants, and a brief description of the manner in which reduction will be achieved during Episodes of Alert, Warning, and Emergency.

(4)During Episodes of Alert, Warning, and Emergency Status, standby plans as required by this Chapter shall be made available on the premises to any person authorized to enforce the provisions of applicable rules and regulations.

(5)Standby plans as required by this Chapter shall be submitted to the Director upon request within thirty (30) days of the receipt of such request; such standby plans shall be subject to review and approval by the Director. If, in the opinion of the Director, a standby plan does not effectively carry out the objectives as set forth in these rules and regulations, the Director may disapprove it, state the reason for disapproval, and order the preparation of an amended standby plan within the time period specified in the order.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended: July 26, 1972. Amended: Filed October 17, 1996; effective November 21, 1996.

The provisions of this Chapter shall in no way affect the power and authority of the Governor, Chairman, or Director as they pertain to Emergency Procedures as provided in Section 11 of the Act.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended:

(1)No person shall ignite, cause to be ignited, permit to be ignited, or maintain any open fire except as follows:

(a)Open fires for the cooking of food for human consumption on other than commercial premises;

(b)Fires for recreational or ceremonial purposes;

(c)Fires to abate a fire hazard, providing the hazard is so declared by the fire department or fire district having jurisdiction;

(d)Fires for prevention or control of disease or pests;

(e)Fires for training personnel in the methods of fighting fires, provided that all requirements of ADEM Admin. Code R. 335-3-11-.02(12) are met;

(f)Fires for the disposal of dangerous materials where there is no practical alternate method of disposal and burning is approved by the Director;

(g)Fires set for recognized agricultural, silvicultural, range, and wildlife management practices;

(h)Fires set in salamanders or other devices, utilizing only wood, vegetation, coal, propane, kerosene, fuel oil or used oil (used oil as defined in ADEM Admin. Code Chapter 335-14-17) as fuel, and used by construction or other workers for heating purposes;

(i)Open fires specifically or expressly approved by the Director.

(2)Open burning may also be conducted for the purposes listed below and if it meets all the requirements of this paragraph. Authority to conduct open burning under the provisions of this paragraph does not exempt or excuse a person from the consequences, damages, or injuries which may result from such conduct, not does it exempt or excuse a person from complying with all applicable laws, ordinances, regulations, and orders of governmental entities having jurisdiction, even though the open burning is conducted as specified in this paragraph.

(a)Open burning of vegetation or untreated wood may be conducted if it is generated by clearing or maintaining land, or from demolition or operations conducted for any of the following purposes:

1.Erection of any structure;

2.Construction of any transportation, utility, or communications line;

3.Maintenance of rights-of-way;

4.Development or modification of a recreational or commercial area;

5.Plant husbandry practices.

(b)Open burning authorized by this paragraph shall comply with the following conditions:

1.The burning must take place on the property on which the combustible fuel originates;

2.The location of the burning must be at least 500 feet from the nearest occupied dwelling other than a dwelling located on the property on which the burning is conducted;

3.The burning must be controlled so as to avoid creating a traffic hazard on any public road, street, or highway as a result of the air contaminants emitted;

4.Only vegetation and untreated wood may be burned. It is unauthorized to open burn heavy oils, asphalt products, plastics, vinyl materials, insulation, paper, cardboard, natural or synthetic rubber, salvage or scrap materials, chemicals, garbage, treated or painted wood, or any trash;

5.Initial burning may be commenced only between the hours of 8:00 a.m. and 3:00 p.m. No combustible material is to be added to the fire between 3:00 p.m. and 8:00 a.m. the following day;

6.Burning shall be conducted only when there is good ventilation and when the prevailing wind direction is away from any built-up area in the vicinity. No burning shall be conducted in areas under a current air stagnation advisory issued by the National Weather Service or during a "Drought Emergency" declared by the Governor;

7.The fire shall be attended at all times.

(c)The Director or his authorized representative may impose additional conditions to cover specific open burning situations where additional controls or requirements are deemed necessary to minimize air pollution.

(d)Permission to open burn under the provisions of this paragraph is revoked during the months of May, June, July, August and September in Baldwin, Jefferson, Lawrence, Madison, Mobile, Montgomery, Morgan, and Shelby Counties. During 2003 only burning may be conducted in Morgan County if an air curtain incinerator is used to burn the materials.

Authors: James W. Cooper, John E. Daniel, Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date January 18, 1972. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed August 21, 1997; effective September 25, 1997. Amended: Filed August 3, 2000; effective September 7, 2000. Amended: Filed February 27, 2003; effective April 3, 2003. Amended: Filed August 28, 2003; effective October 2, 2003.

(1)The provisions of this Rule are applicable to any incinerator except as provided in Rule 335-3-3-.03 and Rule 335-3-3-.04.

(2)Incinerators shall be designed and operated in such manner as is necessary to prevent the emission of objectionable odors.

(3)No person shall cause or permit to be emitted into the open air from any incinerator, particulate matter in the exhaust gases to exceed 0.20 pounds per 100 pounds of refuse charged; provided that: for incinerators of more than 50 tons per day charging rate, particulate matter in the exhaust gases may not exceed 0.10 pounds per 100 pounds of refuse charged.

(4)Emission tests shall be conducted at maximum burning capacity of the incinerator.

(5)The burning capacity of an incinerator shall be the manufacturer's or designer's guaranteed maximum rate or such other rate as may be determined by the Director in accordance with good engineering practices. In cases of conflict, the determination made by the Director shall govern.

(6)For the purposes of this Rule, the total of the capacities of all furnaces within one system shall be considered as the incinerator capacity.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date January 18, 1972. Amended: Effective Date July 26, 1972, September 19, 1991.

(1)No person shall cause or permit to be emitted into the open air from any incinerator which incinerates wood, peanut, or cotton ginning wastes, particulate matter in the exhaust gases to exceed 0.40 pounds per 100 pounds of materials charged.

(2)Emission tests shall be conducted at maximum burning capacity of the incinerator.

(3)The burning capacity of an incinerator shall be the manufacturer's or designer's guaranteed maximum rate or such other rate as may be determined by the Director in accordance with good engineering practices. In case of conflict, the determination made by the Director shall govern.

(4)Each incinerator subject to this Rule shall be properly designed, equipped, and maintained for its maximum burning capacity and shall be equipped with a temperature recorder which shall be operated continuously with the incinerator; and the temperature records shall be made available for inspection at the request of the Director and shall either:

(a)be equipped with an underfire forced air system, which shall be electronically controlled to insure that optimum temperature range for the complete combustion of the amount and type of material waste being charged into the incinerator, and a variable damper, or

(b)consist of an all-metal shell with refractory lining, circular furnace, and a built-in cinder catching system for either reburning or other disposition; all primary combustion air shall be supplied under pressure through nozzle openings located around the periphery of the lower furnace; over-fire air shall be provided under pressure through ports which shall be directed downward and tangentially in the same direction as the primary air; cinder collection shall be accomplished by the provision of openings through the shell located above the furnace section.

(5)Each incinerator subject to this Rule shall be properly designed, equipped, and maintained for its maximum rated burning capacity and shall be equipped with an underfire forced air system, an over-fire air recirculation secondary combustion system, and variable control damper, all of which shall be electronically controlled to insure the optimum temperature range for the complete combustion of the amount and type of material waste being charged into the incinerator. Each such incinerator shall be equipped with a temperature recorder which shall be operated continuously with the incinerator, and the temperature records shall be made available for inspection at the request of the Director.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date January 18, 1972. Amended: Effective Date July 26, 1972.

(1)For the purpose of this Rule, the following definitions apply:

(a)"Batch HMIWI" means an HMIWI that is designed such that neither waste charging nor ash removal can occur during combustion.

(b)"Biologicals" means preparations made from living organisms and their products, including vaccines, cultures, etc., intended for use in diagnosing, immunizing, or treating humans or animals or in research pertaining thereto.

(c)"Blood Products" means any product derived from human blood, including but not limited to blood plasma, platelets, red or white blood corpuscles, and other derived licensed products, such as interferon, etc.

(d)"Body Fluids" means liquid emanating or derived from humans and limited to blood; dialysate; amniotic, cerebrospinal, synovial, pleural, peritoneal and pericardial fluids; and semen and vaginal secretions.

(e)"Bypass stack" means a device used for discharging combustion gases to avoid severe damage to the air pollution control device or other equipment.

(f)"Chemotherapeutic waste" means waste material resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells.

(g)"Co-fired combustor" means a unit combusting hospital waste and/or medical/infectious waste with other fuels or wastes (e.g., coal, municipal solid waste) and subject to an enforceable requirement limiting the unit to combusting a fuel feed stream, 10 percent or less of the weight of which is comprised, in aggregate, of hospital waste and medical/infectious waste as measured on a calendar quarter basis. For purposes of this definition, pathological waste, chemotherapeutic waste, and low-level radioactive waste are considered "other" wastes when calculating the percentage of hospital waste and medical/infectious waste combusted.

(h)"Continuous emission monitoring system or CEMS" means a monitoring system for continuously measuring and recording the emissions of a pollutant from an affected facility.

(i)"Continuous HMIWI" means an HMIWI that is designed to allow waste charging and ash removal during combustion.

(j)"Dioxins/furans" means the combined emissions of tetra-through octa-chlorinated dibenzo-para-dioxins and dibenzofurans, as measured by EPA Reference Method 23.

(k)"Dry scrubber" means an add-on air pollution control system that injects dry alkaline sorbent (dry injection) or sprays an alkaline sorbent (spray dryer) to react with and neutralize acid gases in the HMIWI exhaust stream forming a dry powder material.

(l)"Fabric filter or baghouse" means an add-on air pollution control system that removes particulate matter (PM) and nonvaporous metals emissions by passing flue gas through filter bags.

(m)"High-air phase" means the stage of the batch operating cycle when the primary chamber reaches and maintains maximum operating temperatures.

(n)"Hospital" means any facility which has an organized medical staff, maintains at least six inpatient beds, and where the primary function of the institution is to provide diagnostic and therapeutic patient services and continuous nursing care primarily to human inpatients who are not related and who stay on average in excess of 24 hours per admission. This definition does not include facilities maintained for the sole purpose of providing nursing or convalescent care to human patients who generally are not acutely ill but who require continuing medical supervision.

(o)"Hospital/medical/infectious waste incinerator or HMIWI or HMIWI unit" means any device that combusts any amount of hospital waste and/or medical/ infectious waste.

(p)"Hospital/medical/infectious waste incinerator operator or HMIWI operator" means any person who operates, controls or supervises the day-to-day operation of an HMIWI.

(q)"Hospital waste" means discards generated at a hospital, except unused items returned to the manufacturer. The definition of hospital waste does not include human corpses, remains, and anatomical parts that are intended for interment or cremation.

(r)"Infectious agent" means any organism (such as a virus or bacteria) that is capable of being communicated by invasion and multiplication in body tissues and capable of causing disease or adverse health impacts in humans.

(s)"Intermittent HMIWI" means an HMIWI that is designed to allow waste charging, but not ash removal, during combustion.

(t)"Large HMIWI" means:

1.Except as provided in subparagraph 2.;

(i)An HMIWI whose maximum design waste burning capacity is more than 500 pounds per hour; or

(ii)A continuous or intermittent HMIWI whose maximum charge rate is more than 500 pounds per hour; or

(iii)A batch HMIWI whose maximum charge rate is more than 4,000 pounds per day.

2.The following are not large HMIWI:

(i)A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 500 pounds per hour; or

(ii)A batch HMIWI whose maximum charge rate is less than or equal to 4,000 pounds per day.

(u)"Low-level radioactive waste" means waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or State standards for unrestricted release. Low-level radioactive waste is not high-level radioactive waste, spent nuclear fuel, or by-product material as defined by the Atomic Energy Act of 1954 [42 U.S.C. 2014(e)(2)].

(v)"Maximum charge rate" means:

1.For continuous and intermittent HMIWI, 110 percent of the lowest 3-hour average charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limits.

2.For batch HMIWI, 110 percent of the lowest daily charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limits.

(w)"Maximum design waste burning capacity" means:

1.For intermittent and continuous HMIWI,

C = PV x 15,000/8,500

Where:

C = HMIWI capacity, lb/hr

PV = primary chamber volume, ft3

15,000 = primary chamber heat release rate factor, Btu/ft3/hr

8,500 = standard waste heating value, Btu/lb;

2.For batch HMIWI,

C = PV x 4.5/8

Where:

C = HMIWI capacity, lb/hr

PV = primary chamber volume, ft3

4.5 = waste density, lb/ft3

8 = typical hours of operation of a batch HMIWI, hours.

(x)"Maximum fabric filter inlet temperature" means 110 percent of the lowest 3-hour average temperature at the inlet to the fabric filter (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the dioxin/furan emission limit.

(y)"Maximum flue gas temperature" means 110 percent of the lowest 3-hour average temperature at the outlet from the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the mercury (Hg) emission limit.

(z)"Medical/infectious waste" means any waste generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals that is listed below: The definition of medical/infectious waste does not include hazardous waste identified or listed under the regulations in ADEM Admin. Code R. 335-14-2; household waste, as defined in ADEM Admin. Code R. 335-14-2-.01(4)(b)1.; ash from incineration of medical/ infectious waste, once the incineration process has been completed; human corpses, remains, and anatomical parts that are intended for interment or cremation; and domestic sewage materials identified in ADEM Admin. Code R. 335-14-2-.01(4)(a)1.

1.Cultures and stocks of infectious agents and associated biologicals, including: cultures from medical and pathological laboratories; cultures and stocks of infectious agents from research and industrial laboratories; wastes from the production of biologicals; discarded live and attenuated vaccines; and culture dishes and devices used to transfer, inoculate, and mix cultures.

2.Human pathological waste, including tissues, organs, and body parts and body fluids that are removed during surgery or autopsy, or other medical procedures, and specimens of body fluids and their containers.

3.Human blood and blood products including:

(i)Liquid waste human blood;

(ii)Products of blood;

(iii)Items saturated and/or dripping with human blood; or

(iv)Items that were saturated and/or dripping with human blood that are now caked with dried human blood; including serum, plasma, and other blood components, and their containers, which were used or intended for use in either patient care, testing and laboratory analysis or the development of pharmaceuticals. Intravenous bags are also included in this category.

4.Sharps that have been used in animal or human patient care or treatment or in medical, research, or industrial laboratories, including hypodermic needles, syringes (with or without the attached needle), Pasteur pipettes, scalpel blades, blood vials, needles with attached tubing, and culture dishes (regardless of presence of infectious agents). Also included are other types of broken or unbroken glassware that were in contact with infectious agents, such as used slides and cover slips.

5.Animal waste including contaminated animal carcasses, body parts, and bedding of animals that were known to have been exposed to infectious agents during research (including research in veterinary hospitals), production of biologicals or testing of pharmaceuticals.

6.Isolation wastes including biological waste and discarded materials contaminated with blood, excretions, exudates, or secretions from humans who are isolated to protect others from certain highly communicable diseases, or isolated animals known to be infected with highly communicable diseases.

7.Unused sharps including the following unused, discarded sharps: hypodermic needles, suture needles, syringes, and scalpel blades.

(aa)"Medium HMIWI" means:

1.Except as provided in subparagraph 2.;

(i)An HMIWI whose maximum design waste burning capacity is more than 200 pounds per hour but less than or equal to 500 pounds per hour; or

(ii)A continuous or intermittent HMIWI whose maximum charge rate is more than 200 pounds per hour but less than or equal to 500 pounds per hour; or

(iii)A batch HMIWI whose maximum charge rate is more than 1,600 pounds per day but less than or equal to 4,000 pounds per day.

2.The following are not medium HMIWI:

(i)A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 200 pounds per hour or more than 500 pounds per hour; or

(ii)A batch HMIWI whose maximum charge rate is more than 4,000 pounds per day or less than or equal to 1,600 pounds per day.

(bb)"Minimum dioxin/furan sorbent flow rate" means 90 percent of the highest 3-hour average dioxin/furan sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance with the dioxin/furan emission limit.

(cc)"Minimum Hg sorbent flow rate" means 90 percent of the highest 3-hour average Hg sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance with the Hg emission limit.

(dd)"Minimum hydrogen chloride (HCl) sorbent flow rate" means 90 percent of the highest 3-hour average HCl sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance with the HCl emission limit.

(ee)"Minimum horsepower or amperage" means 90 percent of the highest 3-hour average horsepower or amperage to the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the applicable emission limits.

(ff)"Minimum pressure drop across the wet scrubber" means 90 percent of the highest 3-hour average pressure drop across the wet scrubber PM control device (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the PM emission limit.

(gg)"Minimum scrubber liquor flow rate" means 90 percent of the highest 3-hour average liquor flow rate at the inlet to the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with all applicable emission limits.

(hh)"Minimum scrubber liquor pH" means 90 percent of the highest 3-hour average liquor pH at the inlet to the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the HCl emission limit.

(ii)"Minimum secondary chamber temperature" means 90 percent of the highest 3-hour average secondary chamber temperature (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the PM, CO, or dioxin/furan emission limits.

(jj)"Modification or Modified HMIWI" means any change to an HMIWI unit on or after June 20, 1996 such that:

1.The cumulative costs of the modifications, over the life of the unit, exceed 50 per centum of the original cost of the construction and installation of the unit (not including the cost of any land purchased in connection with such construction or installation) updated to current costs, or

2.The change involves a physical change in or change in the method of operation of the unit which increases the amount of any air pollutant emitted by the unit for which standards have been established under Section 129 or Section 111.

(kk)"Operating day" means a 24-hour period between 12:00 midnight and the following midnight during which any amount of hospital waste or medical/ infectious waste is combusted at any time in the HMIWI.

(ll)"Operation" means the period during which waste is combusted in the incinerator excluding periods of startup or shutdown.

(mm)"Particulate matter or PM" means the total particulate matter emitted from an HMIWI as measured by EPA Reference Method 5 or EPA Reference Method 29.

(nn)"Pathological waste" means waste material consisting of only human or animal remains, anatomical parts, and/or tissue, the bags/containers used to collect and transport the waste material, and animal bedding (if applicable).

(oo)"Primary chamber" means the chamber in an HMIWI that receives waste material, in which the waste is ignited, and from which ash is removed.

(pp)"Pyrolysis" means the endothermic gasification of hospital waste and/or medical/infectious waste using external energy.

(qq)"Responsible Official" means one of the following:

1.For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either:

(i)The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or

(ii)The delegation of authority to such representatives is approved in advance by the Department;

2.For a partnership or sole proprietorship: a general partner or the proprietor, respectively;

3.For a municipality, State, Federal, or other public agency: Either a principal executive officer or ranking elected official. For the purposes of this Rule, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or

4.For affected sources: the designated representative for any other purposes under this Rule.

(rr)"Secondary chamber" means a component of the HMIWI that receives combustion gases from the primary chamber and in which the combustion process is completed.

(ss)"Shutdown" means the period of time after all waste has been combusted in the primary chamber. For continuous HMIWI, shutdown shall commence no less than 2 hours after the last charge to the incinerator. For intermittent HMIWI, shutdown shall commence no less than 4 hours after the last charge to the incinerator. For batch HMIWI, shutdown shall commence no less than 5 hours after the high-air phase of combustion has been completed.

(tt)"Small HMIWI" means:

1.Except as provided in subparagraph 2.;

(i)An HMIWI whose maximum design waste burning capacity is less than or equal to 200 pounds per hour; or

(ii)A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 200 pounds per hour; or

(iii)A batch HMIWI whose maximum charge rate is less than or equal to 1,600 pounds per day.

2.The following are not small HMIWI:

(i)A continuous or intermittent HMIWI whose maximum charge rate is more than 200 pounds per hour;

(ii)A batch HMIWI whose maximum charge rate is more than 1,600 pounds per day.

(uu)"Standard conditions" means a temperature of 20 ºC and a pressure of 101.3 kilopascals.

(vv)"Standard Metropolitan Statistical Area or SMSA" means any areas listed in OMB Bulletin No. 93-17 entitled "Revised Statistical Definitions for Metropolitan Areas" dated June 30, 1993 (see 40 CFR &#167;60.17).

(ww)"Startup" means the period of time between the activation of the system and the first charge to the unit. For batch HMIWI, startup means the period of time between activation of the system and ignition of the waste.

(xx)"Wet scrubber" means an add-on air pollution control device that utilizes an alkaline scrubbing liquor to collect particulate matter (including nonvaporous metals and condensed organics) and/or to absorb and neutralize acid gases.

(2)Applicability.

(a)Except as provided in subparagraphs (b) through (h) of this paragraph, the designated facility to which this Rule applies is each individual HMIWI for which construction was commenced on or before June 20, 1996.

(b)A combustor is not subject to this Rule during periods when only pathological waste, low-level radioactive waste, and/or chemotherapeutic waste is burned, provided the owner or operator of the combustor:

1.Notifies the Director of an exemption claim [see Appendix H]; and

2.Keeps records on a calendar quarter basis of the periods of time when only pathological waste, low-level radioactive waste, and/or chemotherapeutic waste is burned.

(c)Any co-fired combustor is not subject to this Rule if the owner or operator of the co-fired combustor:

1.Notifies the Director of an exemption claim [see Appendix H];

2.Provides an estimate of the relative weight of hospital waste, medical/ infectious waste, and other fuels and/or wastes to be combusted; and

3.Keeps records on a calendar quarter basis of the weight of hospital waste and medical/infectious waste combusted, and the weight of all other fuels and wastes combusted at the co-fired combustor.

(d)Any combustor required to have a permit under Section 3005 of the Solid Waste Disposal Act is not subject to this Rule.

(e)Any combustor which meets the applicability requirements under 40 CFR, Subpart Cb, Ea, or Eb [ADEM Admin. Code R. 335-3-10-.02(3)(a) and (3)(b)] (standards or guidelines for certain municipal waste combustors) is not subject to this Rule.

(f)Any pyrolysis unit is not subject to this Rule.

(g)Cement kilns firing hospital waste and/or medical/infectious waste are not subject to this Rule.

(h)Physical or operational changes made to an existing HMIWI unit solely for the purpose of complying with this Rule are not considered a modification and do not result in an existing HMIWI unit becoming subject to the provisions of 40 CFR, Subpart Ec [ADEM Admin. Code R. 335-3-10-.02(c)].

(i)Each existing HMIWI is subject to the permitting requirements in ADEM Admin. Code Chapter 335-3-16. Each owner and operator of an existing HMIWI shall submit a Major Source Operating Permit application to the Department by December 15, 1999.

(j)Beginning September 15, 2000, designated facilities subject to this Rule shall operate pursuant to a permit issued under ADEM Admin. Code Chapter 335-3-16.

(3)Emission limits.

(a)On and after the date on which the initial performance test is completed or is required to be completed under &#167;60.8, whichever date comes first, no owner or operator of an affected facility shall cause to be discharged into the atmosphere from that affected facility any gases that contain stack emissions in excess of the limits presented in Table 1 of this paragraph. The emission limits in Table 2 apply to any small HMIWI which is located more than 50 miles from the boundary of the nearest Standard Metropolitan Statistical Area (SMSA) and which burns less than 2,000 pounds per week of hospital waste and medical/infectious waste. The 2,000 lb/week limitation does not apply during performance tests.

(b)On and after the date on which the initial performance test is completed or is required to be completed under &#167;60.8, whichever date comes first, no owner or operator of an affected facility shall cause to be discharged into the atmosphere from the stack of that affected facility any gases that exhibit greater than 10 percent opacity (6-minute block average).

TABLE 1. EMISSION LIMITS FOR SMALL, MEDIUM, AND LARGE HMIWI

<table width="100%"> Emission Limits HMIWI Size Pollutant Units (7 percent oxygen, dry basis) Small Medium Large Particulate Matter Milligrams per dry standard cubic meter (grains per dry standard cubic foot) 115 (0.05) 69 (0.03) 34 (0.015) Carbon Monoxide Parts per million by volume 40 40 40 Dioxins/furans Nanograms per dry standard cubic meter total dioxins/ furans (grains per billion dry standard cubic feet) or nanograms per dry standard cubic meter total dioxins/ furans TEQ (grains per billion dry standard cubic feet) 125 (55) or 2.3 (1.0) 125 (55) or 2.3 (1.0) 125 (55) or 2.3 (1.0) Hydrogen Chloride Parts per million by volume or percent reduction 100 or 93% 100 or 93% 100 or 93% Sulfur Dioxide Parts per million by volume 55 55 55 Nitrogen Oxides Parts per million by volume 250 250 250 Lead Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) or percent reduction 1.2 (0.52) or 70% 1.2 (0.52) or 70% 1.2 (0.52) or 70% Cadmium Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) or percent reduction 0.16 (0.07) or 65% 0.16 (0.07) or 65% 0.16 (0.07) or 65% Mercury Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) or percent reduction 0.55 (0.24) or 85% 0.55 (0.24) or 85% 0.55 (0.24) or 85% </table>

TABLE 2. EMISSION LIMITS FOR SMALL HMIWI

<table width="100%"> Pollutant Units (7 percent oxygen, dry basis) HMIWI Emission Limits Particulate Matter Milligrams per dry standard cubic meter (grains per dry standard cubic foot) 197 (0.086) Carbon Monoxide Parts per million by volume 40 Dioxins/furans Nanograms per dry standard cubic meter total dioxins/ furans (grains per billion dry standard cubic feet) or nanograms per dry standard cubic meter total dioxins/ furans TEQ (grains per billion dry standard cubic feet) 800 (350) or 15 (6.6) Hydrogen Chloride Parts per million by volume 3100 Sulfur Dioxide Parts per million by volume 55 Nitrogen Oxides Parts per million by volume 250 Lead Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) 10 (4.4) Cadmium Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) 4 (1.7) Mercury Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) 7.5 (3.3) </table>

(4)Operator Training and Qualification Requirements.

(a)Compliance with the requirements of this paragraph shall occur no later than one year after EPA approval of these Rules.

(b)No owner or operator of an affected facility shall allow the affected facility to operate at any time unless a fully trained and qualified HMIWI operator is accessible, either at the facility or available within 1 hour. The trained and qualified HMIWI operator may operate the HMIWI directly or be the direct supervisor of one or more HMIWI operators.

(c)Operator training and qualification shall be obtained through a State-approved program that meets the requirements included in subparagraphs (d) through (k) of this paragraph.

(d)Training shall be obtained by completing an HMIWI operator training course that includes, at a minimum, the following provisions:

1.24 hours of training on the following subjects:

(i)Environmental concerns, including pathogen destruction and types of emissions;

(ii)Basic combustion principles, including products of combustion;

(iii)Operation of the type of incinerator to be used by the operator, including proper startup, waste charging, and shutdown procedures;

(iv)Combustion controls and monitoring;

(v)Operation of air pollution control equipment and factors affecting performance (if applicable);

(vi)Methods to monitor pollutants (continuous emission monitoring systems and monitoring of HMIWI and air pollution control device operating parameters) and equipment calibration procedures (where applicable);

(vii)Inspection and maintenance of the HMIWI, air pollution control devices, and continuous emission monitoring systems;

(viii)Bottom and fly ash characteristics and handling procedures;

(ix)Applicable Federal, State, and local regulations;

(x)Work safety procedures;

(xi)Pre-startup inspections; and

(xii)Recordkeeping requirements.

2.An examination designed and administered by the instructor.

3.Reference material distributed to the attendees covering the course topics.

(e)Qualification shall be obtained by:

1.Completion of a training course that satisfies the criteria under subparagraph (d) of this paragraph; and

2.Either 6 months experience as an HMIWI operator, 6 months experience as a direct supervisor of an HMIWI operator, or completion of at least two burn cycles under the observation of two qualified HMIWI operators.

(f)Qualification is valid from the date on which the examination is passed or the completion of the required experience, whichever is later.

(g)To maintain qualification, the trained and qualified HMIWI operator shall complete and pass an annual review or refresher course of at least 4 hours covering, at a minimum, the following:

1.Update of regulations;

2.Incinerator operation, including startup and shutdown procedures;

3.Inspection and maintenance;

4.Discussion of operating problems encountered by attendees.

(h)A lapsed qualification shall be renewed by one of the following methods:

1.For a lapse of less than 3 years, the HMIWI operator shall complete and pass a standard annual refresher course described in subparagraph (g) of this paragraph above.

2.For a lapse of 3 years or more, the HMIWI operator shall complete and pass a training course with the minimum criteria described in subparagraph (d) of this paragraph above.

(i)The owner or operator of an affected facility shall maintain documentation at the facility that address the following:

1.Summary of the applicable standards under this Rule;

2.Description of basic combustion theory applicable to an HMIWI;

3.Procedures for receiving, handling, and charging waste;

4.HMIWI startup, or shutdown procedures;

5.Procedures for maintaining proper combustion air supply levels;

6.Procedures for operating the HMIWI and associated air pollution control systems within the standards established under this Rule;

7.Procedures for monitoring HMIWI emissions;

8.Reporting and recordkeeping procedures; and

9.Procedures for handling ash.

(j)The owner or operator of an affected facility shall establish a program for reviewing the information listed in subparagraph (i) of this paragraph annually with each HMIWI operator.

1.The initial review of the information listed in subparagraph (i) of this paragraph shall be conducted within 6 months after EPA approval of these Rules or prior to assumption of responsibilities affecting HMIWI operation, whichever date is later.

2.Subsequent reviews of the information listed in subparagraph (i) of this paragraph shall be conducted annually.

(k)The information listed in subparagraph (i) of this paragraph shall be kept in a readily accessible location for all HMIWI operators. This information, along with records of training shall be available for inspection by the Department.

(5)Waste Management Guidelines. The owner or operator of an affected facility shall prepare a waste management plan. The waste management plan shall identify both the feasibility and the approach to separate certain components of solid waste from the health care waste stream in order to reduce the amount of toxic emissions from incinerated waste. A waste management plan may include, but is not limited to, elements such as paper, cardboard, plastics, glass, battery, or metal recycling; or purchasing recycled or recyclable products. A waste management plan may include different goals or approaches for different areas or departments of the facility and need not include new waste management goals for every waste stream. It should identify, where possible, reasonably available additional waste management measures, taking into account the effectiveness of waste management measures already in place, the costs of additional measures, the emission reductions expected to be achieved, and any other environmental or energy impacts they might have. The American Hospital Association publication entitled "An Ounce of Prevention: Waste Reduction Strategies for Health Care Facilities" shall be considered in the development of the waste management plan.

(6)Inspection Guidelines.

(a)The requirements of this paragraph apply to small HMIWI subject to the emission limits in Table 2 of paragraph (3) of this Rule.

(b)Within one year of EPA approval of these Rules and annually thereafter (no more than 12 months following the previous annual equipment inspection) an equipment inspection shall be performed.

1.At a minimum, an inspection shall include the following:

(i)Inspect all burners, pilot assemblies, and pilot sensing devices for proper operation; clean pilot flame sensor, as necessary;

(ii)Ensure proper adjustment of primary and secondary chamber combustion air, and adjust as necessary;

(iii)Inspect hinges and door latches, and lubricate as necessary;

(iv)Inspect dampers, fans, and blowers for proper operation;

(v)Inspect HMIWI door and door gaskets for proper sealing;

(vi)Inspect motors for proper operation;

(vii)Inspect primary chamber refractory lining; clean and repair/replace lining as necessary;

(viii)Inspect incinerator shell for corrosion and/or hot spots;

(ix)Inspect secondary/tertiary chamber and stack, clean as necessary;

(x)Inspect mechanical loader, including limit switches, for proper operation, if applicable;

(xi)Visually inspect waste bed (grates), and repair/seal, as appropriate;

(xii)For the burn cycle that follows the inspection, document that the incinerator is operating properly and make any necessary adjustments;

(xiii)Inspect air pollution control device(s) for proper operation, if applicable;

(xiv)Inspect waste heat boiler systems to ensure proper operation, if applicable;

(xv)Inspect bypass stack components;

(xvi)Ensure proper calibration of thermocouples, sorbent feed systems and any other monitoring equipment; and

(xvii)Generally observe that the equipment is maintained in good operating condition.

2.Within 10 operating days following an equipment inspection, all necessary repairs shall be completed unless the owner or operator obtains written approval from the Department establishing a date whereby all necessary repairs of the designated facility shall be completed.

(7)Compliance and Performance Testing.

(a)The emission limits under this Rule apply at all times except during periods of startup or shutdown, provided that no hospital waste or medical/infectious waste is charged to the affected facility during startup or shutdown.

(b)The owner or operator of an affected facility shall conduct an initial performance test as required under &#167;60.8 to determine compliance with the emission limits using the procedures and test methods listed in subparagraphs (b)1. through (b)11. of this paragraph. The use of the bypass stack during a performance test shall invalidate the performance test.

1.All performance tests shall consist of a minimum of three test runs conducted under representative operating conditions.

2.The minimum sample time shall be 1 hour per test run unless otherwise indicated.

3.EPA Reference Method 1 of Appendix A of 40 CFR 60 shall be used to select the sampling location and number of traverse points.

4.EPA Reference Method 3 or 3A of Appendix A of 40 CFR 60 shall be used for gas composition analysis, including measurement of oxygen concentration. EPA Reference Method 3 or 3A of Appendix A of 40 CFR 60 shall be used simultaneously with each reference method.

5.The pollutant concentrations shall be adjusted to 7 percent oxygen using the following equation:

<img src="Image3706.gif"/> Where:

Cadj = pollutant concentration adjusted to 7 percent oxygen;

Cmeas = pollutant concentration measured on a dry basis (20.9 - 7) = 20.9 percent oxygen - 7 percent oxygen (defined oxygen correction basis);

20.9 = oxygen concentration in air, percent; and

%O2 = oxygen concentration measured on a dry basis, percent.

6.EPA Reference Method 5 or 29 of Appendix A of 40 CFR 60 shall be used to measure the particulate matter emissions.

7.EPA Reference Method 9 of Appendix A of 40 CFR 60 shall be used to measure stack opacity.

8.EPA Reference Method 10 or 10B of Appendix A of 40 CFR 60 shall be used to measure the CO emissions.

9.EPA Reference Method 23 of Appendix A of 40 CFR 60 shall be used to measure total dioxin/furan emissions. The minimum sample time shall be 4 hours per test run. If the affected facility has selected the toxic equivalency standards for dioxin/furans, under paragraph (3) of this Rule, the following procedures shall be used to determine compliance:

(i)Measure the concentration of each dioxin/furan tetra-through octa-congener emitted using EPA Reference Method 23.

(ii)For each dioxin/furan congener measured in accordance with subparagraph (b)9.(i) of this paragraph, multiply the congener concentration by its corresponding toxic equivalency factor specified in Table 3 of this Rule.

(iii)Sum the products calculated in accordance with subparagraph (b)9.(ii) of this paragraph to obtain the total concentration of dioxins/furans emitted in terms of toxic equivalency.

TABLE 3. TOXIC EQUIVALENCY FACTORS

<table width="100%"> Dioxin/Furan Congener Toxic Equivalency Factor 2,3,7,8-tetrachlorinated dibenzo-p-dioxin 1 1,2,3,7,8- pentachlorinated dibenzo-p-dioxin 0.5 1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin 0.1 1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin 0.1 1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin 0.1 1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin 0.01 octachlorinated dibenzo-p-dioxin 0.001 2,3,7,8-tetrachlorinated dibenzofuran 0.1 2,3,4,7,8-pentachlorinated dibenzofuran 0.5 1,2,3,7,8-pentachlorinated dibenzofuran 0.05 1,2,3,4,7,8-hexachlorinated dibenzofuran 0.1 1,2,3,6,7,8-hexachlorinated dibenzofuran 0.1 1,2,3,7,8,9-hexachlorinated dibenzofuran 0.1 2,3,4,6,7,8-hexachlorinated dibenzofuran 0.1 1,2,3,4,6,7,8-heptachlorinated dibenzofuran 0.01 1,2,3,4,7,8,9-heptachlorinated dibenzofuran 0.01 octachlorinated dibenzofuran 0.001 </table>

10.EPA Reference Method 26 or 26A of Appendix A of 40 CFR 60 shall be used to measure HCl emissions. If the affected facility has selected the percentage reduction standards for HCl under paragraph (3) of this Rule, the percentage reduction in HCl emissions (%RHCl) is computed using the following formula:

<img src="Image3707.gif"/> Where:

%RHCl = percentage reduction of HCl emissions achieved;

Ei = HCl emission concentration measured at the control device inlet, corrected to 7 percent oxygen (dry basis); and

Eo = HCl emission concentration measured at the control device outlet, corrected to 7 percent oxygen (dry basis).

11.EPA Reference Method 29 of Appendix A of 40 CFR 60 shall be used to measure Pb, Cd, and Hg emissions. If the affected facility has selected the percentage reduction standards for metals under paragraph (3) of this Rule, the percentage reduction in emissions (%Rmetal) is computed using the following formula:

<img src="Image3708.gif"/> Where:

%R metal = percentage reduction of metal emission (Pb, Cd, or Hg) achieved;

Ei = metal emission concentration (Pb, Cd, or Hg) measured at the control device inlet, corrected to 7 percent oxygen (dry basis); and

Eo = metal emission concentration (Pb, Cd, or Hg) measured at the control device outlet, corrected to 7 percent oxygen (dry basis).

(c)Following the date on which the initial performance test is completed or is required to be completed under &#167;60.8, whichever date comes first, the owner or operator of an affected facility shall:

1.Determine compliance with the opacity limit by conducting an annual performance test (no more than 12 months following the previous performance test) using the applicable procedures and test methods listed in subparagraph (b) of this paragraph.

2.Determine compliance with the PM, CO, and HCl emission limits by conducting an annual performance test (no more than 12 months following the previous performance test) using the applicable procedures and test methods listed in subparagraph (b) of this paragraph. If all three performance tests over a 3-year period indicate compliance with the emission limit for a pollutant (PM, CO, or HCl), the owner or operator may forego a performance test for that pollutant for the subsequent 2 years, if specifically approved by the Director. At a minimum, a performance test for PM, CO, and HCl shall be conducted every third year (no more than 36 months following the previous performance test). If a performance test conducted every third year indicates compliance with the emission limit for a pollutant (PM, CO, or HCl), the owner or operator may forego a performance test for that pollutant for up to an additional 2 years, if specifically approved by the Director. If any performance test indicates noncompliance with the respective emission limit, a performance test for that pollutant shall be conducted annually until all annual performance tests over a 3-year period indicate compliance with the emission limit. The use of the bypass stack during a performance test shall invalidate the performance test.

3.Facilities using a CEMS to demonstrate compliance with any of the emission limits under paragraph (3) of this Rule shall:

(i)Determine compliance with the appropriate emission limit(s) using a 12-hour rolling average, calculated each hour as the average of the previous 12 operating hours (not including startup or shutdown).

(ii)Operate all CEMS in accordance with the applicable procedures under Appendices B and F of 40 CFR 60.

(d)The owner or operator of an affected facility equipped with a dry scrubber followed by a fabric filter, a wet scrubber, or a dry scrubber followed by a fabric filter and wet scrubber shall:

1.Establish the appropriate maximum and minimum operating parameters, indicated in Table 4 of this Rule for each control system, as site specific operating parameters during the initial performance test to determine compliance with the emission limits; and

2.Following the date on which the initial performance test is completed or is required to be completed under &#167;60.8, whichever date comes first, ensure that the affected facility does not operate above any of the applicable maximum operating parameters or below any of the applicable minimum operating parameters listed in Table 4 of this Rule and measured as 3-hour rolling averages (calculated each hour as the average of the previous 3 operating hours) at all times except during periods of startup or shutdown. Operating parameter limits do not apply during performance tests. Operation above the established maximum or below the established minimum operating parameter(s) shall constitute a violation of established operating parameter(s).

(e)Except as provided in subparagraph (h) of this paragraph, for affected facilities equipped with a dry scrubber followed by a fabric filter:

1.Operation of the affected facility above the maximum charge rate and below the minimum secondary chamber temperature (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the CO emission limit.

2.Operation of the affected facility above the maximum fabric filter inlet temperature, above the maximum charge rate, and below the minimum dioxin/furan sorbent flow rate (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the dioxin/furan emission limit.

3.Operation of the affected facility above the maximum charge rate and below the minimum HCl sorbent flow rate (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the HCl emission limit.

4.Operation of the affected facility above the maximum charge rate and below the minimum Hg sorbent flow rate (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the Hg emission limit.

5.Use of the bypass stack (except during startup or shutdown) shall constitute a violation of the PM, dioxin/furan, HCl, Pb, Cd and Hg emission limits.

(f)Except as provided in subparagraph (h) of this paragraph, for affected facilities equipped with a wet scrubber:

1.Operation of the affected facility above the maximum charge rate and below the minimum pressure drop across the wet scrubber or below the minimum horsepower or amperage to the system (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the PM emission limit.

2.Operation of the affected facility above the maximum charge rate and below the minimum secondary chamber temperature (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the CO emission limit.

3.Operation of the affected facility above the maximum charge rate, below the minimum secondary chamber temperature, and below the minimum scrubber liquor flow rate (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the dioxin/furan emission limit.

4.Operation of the affected facility above the maximum charge rate and below the minimum scrubber liquor pH (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the HCl emission limit.

5.Operation of the affected facility above the maximum flue gas temperature and above the maximum charge rate (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the Hg emission limit.

6.Use of the bypass stack (except during startup or shutdown) shall constitute a violation of the PM, dioxin/furan, HCl, Pb, Cd and Hg emission limits.

(g)Except as provided in subparagraph (h) of this paragraph, for affected facilities equipped with a dry scrubber followed by a fabric filter and a wet scrubber:

1.Operation of the affected facility above the maximum charge rate and below the minimum secondary chamber temperature (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the CO emission limit.

2.Operation of the affected facility above the maximum fabric filter inlet temperature, above the maximum charge rate, and below the minimum dioxin/furan sorbent flow rate (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the dioxin/furan emission limit.

3.Operation of the affected facility above the maximum charge rate and below the minimum scrubber liquor pH (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the HCl emission limit.

4.Operation of the affected facility above the maximum charge rate and below the minimum Hg sorbent flow rate (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the Hg emission limit.

5.Use of the bypass stack (except during startup or shutdown) shall constitute a violation of the PM, dioxin/furan, HCl, Pb, Cd and Hg emission limits.

(h)The owner or operator of an affected facility may conduct a repeat performance test within 30 days of violation of applicable operating parameter(s) to demonstrate that the affected facility is not in violation of the applicable emission limit(s). Repeat performance tests conducted pursuant to this paragraph shall be conducted using the identical operating parameters that indicated a violation under subparagraph (e), (f), or (g) of this paragraph.

(i)The owner or operator of an affected facility using an air pollution control device other than a dry scrubber followed by a fabric filter, a wet scrubber, or a dry scrubber followed by a fabric filter and a wet scrubber to comply with the emission limits under paragraph (3) of this Rule shall petition the Administrator for other site-specific operating parameters to be established during the initial performance test and continuously monitored thereafter. The owner or operator shall not conduct the initial performance test until after the petition has been approved by the Administrator.

(j)The owner or operator of an affected facility may conduct a repeat performance test at any time to establish new values for the operating parameters. The Administrator may request a repeat performance test at any time.

(k)Any small HMIWI subject to the emission limits in Table 2 of paragraph (3) of this Rule shall meet the following compliance and performance testing requirements:

1.Conduct the performance testing requirements in subparagraphs (a), (b)1. through (b)9., (b)11. [Mercury only], and (c)1. of this paragraph. The 2,000 lb/week limitation does not apply during performance tests.

2.Establish maximum charge rate and minimum secondary chamber temperature as site-specific operating parameters during the initial performance test to determine compliance with applicable emission limits.

3.Following the date on which the initial performance test is completed or is required to be completed under &#167;60.8, whichever date comes first, ensure that the designated facility does not operate above the maximum charge rate or below the minimum secondary chamber temperature measured as 3-hour rolling averages (calculated each hour as the average of the previous 3 operating hours) at all times except during periods of startup or shutdown. Operating parameter limits do not apply during performance tests. Operation above the maximum charge rate or below the minimum secondary chamber temperature shall constitute a violation of the established operating parameter(s).

4.Except as provided in subparagraph (k)5. of this paragraph below, operation of the designated facility above the maximum charge rate and below the minimum secondary chamber temperature (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the PM, CO, and dioxin/furan emission limits.

5.The owner or operator of a designated facility may conduct a repeat performance test within 30 days of violation of applicable operating parameter(s) to demonstrate that the designated facility is not in violation of the applicable emission limit(s). Repeat performance tests conducted pursuant to this paragraph must be conducted using the identical operating parameters that indicated a violation under subparagraph (k)4. of this paragraph above.

(8)Monitoring.

(a)The owner or operator of an affected facility shall install, calibrate (to manufacturers' specifications), maintain, and operate devices (or establish methods) for monitoring the applicable maximum and minimum operating parameters listed in Table 4 of this Rule such that these devices (or methods) measure and record values for these operating parameters at the frequencies indicated in Table 4 of this Rule at all times except during periods of startup and shutdown.

(b)The owner or operator of an affected facility shall install, calibrate (to manufacturers' specifications), maintain, and operate a device or method for measuring the use of the bypass stack including date, time, and duration.

(c)The owner or operator of an affected facility using something other than a dry scrubber followed by a fabric filter, a wet scrubber, or a dry scrubber followed by a fabric filter and a wet scrubber to comply with the emission limits under paragraph (3) of this Rule shall install, calibrate (to the manufacturers' specifications), maintain, and operate the equipment necessary to monitor the site-specific operating parameters developed pursuant to subparagraph (7)(i) of this Rule.

(d)The owner or operator of an affected facility shall obtain monitoring data at all times during HMIWI operation except during periods of monitoring equipment malfunction, calibration, or repair. At a minimum, valid monitoring data shall be obtained for 75 percent of the operating hours per day and for 90 percent of the operating days per calendar quarter that the affected facility is combusting hospital waste and/or medical/infectious waste.

(e)Any small HMIWI subject to the emission limits in Table 2 of paragraph (3) of this Rule shall meet the following monitoring requirements:

1.Install, calibrate (to manufacturers' specifications), maintain, and operate a device for measuring and recording the temperature of the secondary chamber on a continuous basis, the output of which shall be recorded, at a minimum, once every minute throughout operation.

2.Install, calibrate (to manufacturers' specifications), maintain, and operate a device which automatically measures and records the date, time, and weight of each charge fed into the HMIWI.

3.The owner or operator of a designated facility shall obtain monitoring data at all times during HMIWI operation except during periods of monitoring equipment malfunction, calibration, or repair. At a minimum, valid monitoring data shall be obtained for 75 percent of the operating hours per day and for 90 percent of the operating hours per calendar quarter that the designated facility is combusting hospital waste and/or medical/infectious waste.

TABLE 4. OPERATING PARAMETERS TO BE MONITORED AND MINIMUM MEASUREMENT AND RECORDING FREQUENCIES

<table width="100%"> Minimum Frequency Control System Operating Parameters to be Monitored Data Measurement Data Recording Dry Scrubber followed by Fabric Filter Wet Scrubber Dry Scrubber followed by Fabric Filter and Wet Scrubber Maximum operating parameters: Maximum charge rate Continuous 1xhour &#214; &#214; &#214; Maximum fabric filter inlet temperature Continuous 1xminute &#214; &#214; Maximum flue gas temperature Continuous 1xminute &#214; &#214; Minimum operating parameters: Minimum secondary chamber temperature Continuous 1xminute &#214; &#214; &#214; Minimum dioxin/furan sorbent flow rate Hourly 1xhour &#214; &#214; Minimum HCl sorbent flow rate Hourly 1xhour &#214; &#214; Minimum mercury (Hg) sorbent flow rate Hourly 1xhour &#214; &#214; Minimum pressure drop across the wet scrubber or minimum horsepower or amperage to the scrubber Continuous 1xminute &#214; &#214; Minimum scrubber liquor flow rate Continuous 1xminute &#214; &#214; Minimum scrubber liquor pH Continuous 1xminute &#214; &#214; </table>

(9)Reporting and Recordkeeping Requirements.

(a)The owner or operator of an affected facility shall maintain the following information (as applicable) for a period of at least 5 years:

1.Calendar date of each record;

2.Records of the following data:

(i)Concentrations of any pollutant listed in paragraph (3) of this Rule or measurements of opacity as determined by the continuous emission monitoring system (if applicable);

(ii)Results of fugitive emissions (by EPA Reference Method 22) tests, if applicable;

(iii)HMIWI charge dates, times, and weights and hourly charge rates;

(iv)Fabric filter inlet temperatures during each minute of operation, as applicable;

(v)Amount and type of dioxin/furan sorbent used during each hour of operation, as applicable;

(vi)Amount and type of Hg sorbent used during each hour of operation, as applicable;

(vii)Amount and type of HCl sorbent used during each hour of operation, as applicable;

(viii)Secondary chamber temperatures recorded during each minute of operation;

(ix)Liquor flow rate to the wet scrubber inlet during each minute of operation, as applicable;

(x)Horsepower or amperage to the wet scrubber during each minute of operation, as applicable;

(xi)Pressure drop across the wet scrubber system during each minute of operation, as applicable,

(xii)Temperature at the outlet from the wet scrubber during each minute of operation, as applicable;

(xiii)pH at the inlet to the wet scrubber during each minute of operation, as applicable,

(xiv)Records indicating use of the bypass stack, including dates, times, and durations, and

(xv)For affected facilities complying with subparagraphs (7)(i) and (8)(c) of this Rule, the owner or operator shall maintain all operating parameter data collected.

3.Identification of calendar days for which data on emission rates or operating parameters specified under subparagraph (a)2. of this paragraph have not been obtained, with an identification of the emission rates or operating parameters not measured, reasons for not obtaining the data, and a description of corrective actions taken.

4.Identification of calendar days for which data on emission rates or operating parameters specified under subparagraph (a)2. of this paragraph exceeded the applicable limits, with a description of the exceedances, reasons for such exceedances, and a description of corrective actions taken.

5.The results of the initial, annual, and any subsequent performance tests conducted to determine compliance with the emission limits and/or to establish operating parameters, as applicable.

6.Records showing the names of HMIWI operators who have completed review of the information in subparagraph (4)(i) as required by subparagraph (4)(j), including the date of the initial review and all subsequent annual reviews;

7.Records showing the names of the HMIWI operators who have completed the operator training requirements, including documentation of training and the dates of the training;

8.Records showing the names of the HMIWI operators who have met the criteria for qualification under paragraph (4) of this Rule and the dates of their qualification; and

9.Records of calibration of any monitoring devices as required under subparagraphs (8)(a), (b), and (c) of this Rule.

(b)The owner or operator of an affected facility shall submit the information specified in subparagraphs (b)1. through (b)3. of this paragraph no later than 60 days following the initial performance test. All reports shall be signed by the responsible official.

1.The initial performance test data as recorded under subparagraphs (7)(b)1. through (b)11., as applicable.

2.The values for the site-specific operating parameters established pursuant to subparagraphs (7)(d) or (i), as applicable.

3.The waste management plan as specified in paragraph (5) of this Rule.

(c)An annual report shall be submitted 1 year following the submission of the information in subparagraph (b) of this paragraph and subsequent reports shall be submitted no more than 12 months following the previous report (once the unit is subject to permitting requirements under Chapter 335-3-16, the owner or operator of an affected facility must submit these reports semiannually). The annual report shall include the information specified in subparagraphs (c)1. through (c)8. of this paragraph. All reports shall be signed by the responsible official.

1.The values for the site-specific operating parameters established pursuant to subparagraph (7)(d) or (i), as applicable.

2.The highest maximum operating parameter and the lowest minimum operating parameter, as applicable, for each operating parameter recorded for the calendar year being reported, pursuant to subparagraph (7)(d) or (i), as applicable.

3.The highest maximum operating parameter and the lowest minimum operating parameter, as applicable for each operating parameter recorded pursuant to subparagraph (7)(d) or (i) for the calendar year preceding the year being reported, in order to provide the Director with a summary of the performance of the affected facility over a 2-year period.

4.Any information recorded under subparagraphs (c)3. through (c)5. of this paragraph for the calendar year being reported.

5.Any information recorded under subparagraphs (c)3. through (c)5. of this paragraph for the calendar year preceding the year being reported, in order to provide the Director with a summary of the performance of the affected facility over a 2-year period.

6.If a performance test was conducted during the reporting period, the results of that test.

7.If no exceedances were reported under subparagraphs (c)3. through (c)5. of this paragraph for the calendar year being reported, a statement that no exceedances occurred during the reporting period.

8.Any use of the bypass stack, the duration, reason for its use, and corrective action taken.

(d)The owner or operator of an affected facility shall submit semiannual reports containing any information recorded under subparagraphs (a)3. through (a)5. of this paragraph no later than 60 days following the reporting period. The first semiannual reporting period ends 6 months following the submission of information in subparagraph (b) of this paragraph. Subsequent reports shall be submitted no later than 6 calendar months following the previous report. All reports shall be signed by the responsible official.

(e)All records specified under subparagraph (a) of this paragraph shall be maintained onsite in either paper copy or computer-readable format, unless an alternative format is approved by the Director.

(f)Any small HMIWI subject to the emission limits in Table 2 of paragraph (3) of this Rule shall meet the following reporting and recordkeeping requirements:

1.Maintain records of the annual equipment inspections, any required maintenance, and any repairs not completed within 10 days of an inspection or the timeframe established by the Department; and

2.Submit an annual report containing information recorded under subparagraph (f)1. above no later than 60 days following the year in which data were collected. Subsequent reports shall be sent no later than 12 calendar months following the previous report (once the unit is subject to permitting requirements under Chapter 335-3-16, the owner or operator must submit these reports semiannually). The report shall be signed by the responsible official.

(10)Compliance Schedules.

(a)Except as provided in subparagraph (b), designated facilities to which this Rule applies [as defined in paragraph (2)] shall comply with all requirements of this Rule on or before the date one year after EPA approval of these Rules, regardless of whether the Department has identified a designated facility in its inventory required by &#167;60.25(a) of 40 CFR, Subpart B.

[NOTE: EPA approved these Rules effective June 9, 2000 in the April 10, 2000 Federal Register.]

(b)For designated facilities planning to install the necessary air pollution control equipment, the Department may allow compliance on or before the date three years after EPA approval of these Rules, but as expeditiously as possible. Within 90 days of EPA?s approval of these Rules, these facilities shall petition the Department in writing, as outlined in subparagraphs 1. through 2. below. Under no circumstances can compliance with these Rules extend beyond September 15, 2002.

1.Documentation of the analyses undertaken to support the need for an extension, including an explanation of why up to 3 years after EPA approval of these Rules is sufficient time to comply while 1 year after EPA approval of these Rules is not sufficient. The documentation shall also include an evaluation of the option to transport the waste offsite to a commercial medical waste treatment and disposal facility on a temporary or permanent basis; and

2.Documentation of measurable and enforceable incremental steps of progress to be taken towards compliance with this Rule, as defined in subparagraphs (i) through (x) below:

(i)Date for submitting a petition for site specific operating parameters under subparagraph (7)(i) of this Rule [&#167;60.56c(i) of 40 CFR Subpart Ec].

(ii)Date for obtaining services of an architectural and engineering firm regarding the air pollution control device(s);

(iii)Date for obtaining design drawings of the air pollution control device(s);

(iv)Date for ordering the air pollution control device(s);

(v)Date for obtaining the major components of the air pollution control device(s);

(vi)Date for initiation of site preparation for installation of the air pollution control device(s);

(vii)Date for initiation of installation of the air pollution control device(s);

(viii)Date for initial startup of the air pollution control device(s); and

(ix)Date for initial compliance test(s) of the air pollution control device(s).

(x)Date for final compliance.

(c)Designated facilities planning to shut down permanently to demonstrate compliance with subparagraph (a) of these Rules shall notify the Department in writing, within 90 days after EPA approval of these Rules. The notification shall include documentation of measurable and enforceable incremental steps of progress to be taken towards compliance with this Rule, as defined in subparagraphs 1. through 6. below:

1.Date for designated facility plan for shut down;

2.Date for contract with the appropriate vendor (off-site hauler or alternative waste treatment equipment);

3.Date to begin construction of alternative waste treatment equipment (if applicable);

4.Date for complete installation of alternative waste treatment equipment (if applicable);

5.Date for shut down of incinerator;

6.Date for dismantling incinerator.

(d)Department Actions on Petitions. On receipt of a petition, the Department will authorize one of the following actions, as they shall determine:

1.The petition may be dismissed if the Department determines that it is not adequate under subparagraph (b) of this paragraph.

2.The Department may grant the request of the petition, as petitioned or by imposing such conditions as these Rules may require in the Major Source Operating Permit, including the establishment of schedules of compliance.

3.The Department may deny the petition. If such a denial is made, the Department shall notify the petitioner in writing, state the reasons for denial and outline procedures for appeal.

(e)Termination Procedures. Any petition granted by the Department may be terminated by the Department whenever the Department finds, after an opportunity for the petitioner to demonstrate compliance and after notice and an opportunity for hearing, that the petitioner is in violation of any requirement, condition, schedule, limitation or any other provision of the petition or that operation under the petition does not meet the minimum requirements established by state and federal laws and regulations or is unreasonably threatening the public health.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date September 19, 1991. Repealed and New Rule: Filed April 15, 1999; effective May 20, 1999. Amended: Filed August 3, 2000; effective September 7, 2000. Amended: Filed February 7, 2002; effective March 14, 2002.

(1)Terms used but not defined in this Rule are defined in 40 CFR 60, Subparts A and B, and are incorporated by reference in ADEM Admin. Code Chapter 335-3-10. For the purposes of this Rule only, the following definitions apply:

(a)"Administrator" means the Administrator of the U.S. Environmental Protection Agency or his/her authorized representative.

(b)"Agricultural waste" means vegetative agricultural materials such as nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice, and wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls and grounds, and other vegetative waste materials generated as a result of agricultural operations.

(c)"Air curtain incinerator" means an incinerator that operates by forcefully projecting a curtain of air across an open chamber or pit in which combustion occurs. Incinerators of this type can be constructed above or below ground and with or without refractory walls and floor. (Air curtain incinerators are not to be confused with conventional combustion devices with enclosed fireboxes and controlled air technology such as mass burn, modular, and fluidized bed combustors.)

(d)"Auxiliary fuel" means natural gas, liquefied petroleum gas, fuel oil, or diesel fuel.

(e)"Bag leak detection system" means an instrument that is capable of monitoring particulate matter loadings in the exhaust of a fabric filter (i.e., baghouse) in order to detect bag failures. A bag leak detection system includes, but is not limited to, an instrument that operates on triboelectric, light scattering, light transmittance, or other principle to monitor relative particulate matter loadings.

(f)"Calendar quarter" means three consecutive months (nonoverlapping) beginning on: January 1, April 1, July 1, or October 1.

(g)"Calendar year" means 365 consecutive days starting on January 1 and ending on December 31.

(h)"Chemotherapeutic waste" means waste material resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells.

(i)"Clean lumber" means wood or wood products that have been cut or shaped and include wet, air-dried, and kiln-dried wood products. Clean lumber does not include wood products that have been painted, pigment-stained, or pressure-treated by compounds such as chromate copper arsenate, pentachlorophenol, and creosote.

(j)"Commercial and industrial solid waste incineration (CISWI) unit" means any combustion device that combusts commercial and industrial waste, as defined in this Rule. The boundaries of a CISWI unit are defined as, but not limited to, the commercial or industrial solid waste fuel feed system, grate system, flue gas system, and bottom ash. The CISWI unit does not include air pollution control equipment or the stack. The CISWI unit boundary starts at the commercial and industrial solid waste hopper (if applicable) and extends through two areas:

1.The combustion unit flue gas system, which ends immediately after the last combustion chamber.

2.The combustion unit bottom ash system, which ends at the truck loading station or similar equipment that transfers the ash to final disposal. It includes all ash handling systems connected to the bottom ash handling system.

(k)"Commercial and industrial waste" means solid waste combusted in an enclosed device using controlled flame combustion without energy recovery that is a distinct operating unit of any commercial or industrial facility (including field-erected, modular, and custom built incineration units operating with starved or excess air), or solid waste combusted in an air curtain incinerator without energy recovery that is a distinct operating unit of any commercial or industrial facility.

(l)"Contained gaseous material" means gases that are in a container when that container is combusted.

(m)"Cyclonic barrel burner" means a combustion device for waste materials that is attached to a 55 gallon, open-head drum. The device consists of a lid, which fits onto and encloses the drum, and a blower that forces combustion air into the drum in a cyclonic manner to enhance the mixing of waste material and air.

(n)"Deviation" means any instance in which an affected source subject to this Rule, or an owner or operator of such a source:

1.Fails to meet any requirement or obligation established by this Rule, including but not limited to any emission limitation, operating limit, or operator qualification and accessibility requirements;

2.Fails to meet any term or condition that is adopted to implement an applicable requirement in this Rule and that is included in the operating permit for any affected source required to obtain such a permit; or

3.Fails to meet any emission limitation, operating limit, or operator qualification and accessibility requirement in this Rule during startup, shutdown, or malfunction, regardless or whether or not such failure is permitted by this Rule.

(o)"Dioxins/furans" means tetra-through octachlorinated dibenzo-p-dioxins and dibenzofurans.

(p)"Discard" means, for purposes of this Rule and 40 CFR 60, Subpart CCCC [ADEM Admin. Code R. 335-3-10-.02(81)], only, burned in an incineration unit without energy recovery.

(q)"Drum reclamation unit" means a unit that burns residues out of drums (e.g., 55 gallon drums) so that the drums can be reused.

(r)"Energy recovery" means the process of recovering thermal energy from combustion for useful purposes such as steam generation or process heating.

(s)"Fabric filter" means an add-on air pollution control device used to capture particulate matter by filtering gas streams through filter media, also known as a baghouse.

(t)"Low-level radioactive waste" means waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable Federal or State standards for unrestricted release. Low-level radioactive waste is not high-level radioactive waste, spent nuclear fuel, or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2)).

(u)"Malfunction" means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused, in part, by poor maintenance or careless operation are not malfunctions.

(v)"Modification or modified CISWI unit" means a CISWI unit that has been changed on or after June 1, 2001 and that meets one of two criteria:

1.The cumulative cost of the changes over the life of the unit exceeds 50 percent of the original cost of building and installing the CISWI unit (not including the cost of land) updated to current costs (current dollars). To determine what systems are within the boundary of the CISWI unit used to calculate these costs, see the definition of CISWI unit.

2.Any physical change in the CISWI unit or change in the method of operating it that increases the amount of any air pollutant emitted for which section 129 or section 111 of the Clean Air Act has established standards.

(w)"Part reclamation unit" means a unit that burns coatings off parts (e.g., tools, equipment) so that the parts can be reconditioned and reused.

(x)"Particulate matter" means total particulate matter emitted from CISWI units as measured by Method 5 or Method 29 of 40 CFR 60, Appendix A.

(y)"Pathological waste" means waste material consisting of only human or animal remains, anatomical parts, and/or tissue, the bags/containers used to collect and transport the waste material, and animal bedding (if applicable).

(z)"Rack reclamation unit" means a unit that burns the coatings off racks used to hold small items for application of a coating. The unit burns the coating overspray off the rack so the rack can be reused.

(aa)"Reconstruction" means rebuilding a CISWI unit and meeting two criteria:

1.The reconstruction begins on or after June 1, 2001.

2.The cumulative cost of the construction over the life of the incineration unit exceeds 50 percent of the original cost of building and installing the CISWI unit (not including land) updated to current costs (current dollars). To determine what systems are within the boundary of the CISWI unit used to calculate these costs, see the definition of CISWI unit.

(bb)"Refuse-derived fuel" means a type of municipal solid waste produced by processing municipal solid waste through shredding and size classification. This includes all classes of refuse-derived fuel including two fuels:

1.Low-density fluff refuse-derived fuel through densified refuse-derived fuel.

2.Pelletized refuse-derived fuel.

(cc)"Responsible Official" means one of the following:

1.For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either:

(i)The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or

(ii)The delegation of authority to such representatives is approved in advance by the Department;

2.For a partnership or sole proprietorship: a general partner or the proprietor, respectively;

3.For a municipality, State, Federal, or other public agency: Either a principal executive officer or ranking elected official. For the purposes of this Rule, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or

4.For affected sources: the designated representative for any other purposes under this Rule.

(dd)"Shutdown" means the period of time after all waste has been combusted in the primary chamber.

(ee)"Solid waste" means any garbage, or rubbish, construction/demolition debris, ash, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, agricultural operations, and from community activities, or materials intended for or capable of recycling, but which have not been diverted or removed from the solid waste stream. The term "solid waste" does not include recoverable material, solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1342), or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. 2014). For purposes of this Rule and 40 CFR 60, Subpart CCCC [ADEM Admin. Code R. 335-3-10-.02(81)], only, solid waste does not include the waste burned in the fifteen types of units described in subparagraph (2)(d) of this Rule.

(ff)"Standard conditions, when referring to units of measure", means a temperature of 68 deg. F (20 deg. C) and a pressure of 1 atmosphere (101.3 kilopascals).

(gg)"Startup period" means the period of time between the activation of the system and the first charge to the unit.

(hh)"Wet scrubber" means an add-on air pollution control device that utilizes an aqueous or alkaline scrubbing liquor to collect particulate matter (including nonvaporous metals and condensed organics) and/or to absorb and neutralize acid gases.

(ii)"Wood waste" means untreated wood and untreated wood products, including tree stumps (whole or chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. Wood waste does not include:

1.Grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs from residential, commercial/ retail, institutional, or industrial sources as part of maintaining yards or other private or public lands.

2.Construction, renovation, or demolition wastes.

3.Clean lumber.

(2)Applicability.

(a)Except as provided in subparagraph (b) of this paragraph below, the designated facility to which this Rule applies is each individual CISWI that commenced construction on or before November 30, 1999.

(b)If the owner or operator of a CISWI unit makes changes that meet the definition of modification or reconstruction on or after June 1, 2001, the CISWI unit becomes subject to 40 CFR 60, Subpart CCCC [ADEM Admin. Code R. 335-3-10-.02(81)] and this Rule no longer applies to that unit.

(c)If the owner or operator of a CISWI unit makes physical or operational changes to an existing CISWI unit primarily to comply this Rule, 40 CFR 60, Subpart CCCC [ADEM Admin. Code R. 335-3-10-.02(81)] does not apply to that unit. Such changes do not qualify as modifications or reconstructions under Subpart CCCC.

(d)The following fifteen combustion units are exempt from this Rule:

1.Pathological waste incineration units. Incineration units burning 90 percent or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of pathological waste, low-level radioactive waste, and/or chemotherapeutic waste as defined in paragraph (1) are not subject to this Rule if the two requirements specified in subparagraphs (d)1.(i) and (ii) of this paragraph below are met.

(i)Notify the Director that the unit meets these criteria.

(ii)Keep records on a calendar quarter basis of the weight of pathological waste, low-level radioactive waste, and/or chemotherapeutic waste burned, and the weight of all other fuels and wastes burned in the unit.

2.Agricultural waste incineration units. Incineration units burning 90 percent or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of agricultural wastes as defined in paragraph (1) are not subject to this Rule if the two requirements specified in subparagraphs (d)2.(i) and (ii) of this paragraph below are met.

(i)Notify the Director that the unit meets these criteria.

(ii)Keep records on a calendar quarter basis of the weight of agricultural waste burned, and the weight of all other fuels and wastes burned in the unit.

3.Municipal waste combustion units. Incineration units that meet either of the two criteria specified in subparagraphs (d)3.(i) or (ii) of this paragraph below.

(i)Are regulated under 40 CFR 60, Subpart Ea (Standards of Performance for Municipal Waste Combustors); 40 CFR 60, Subpart Eb (Standards of Performance for Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994); 40 CFR 60, Subpart Cb (Emission Guidelines and Compliance Time for Large Municipal Combustors that are Constructed on or Before September 20, 1994); 40 CFR 60, Subpart AAAA (Standards of Performance for New Stationary Sources: Small Municipal Waste Combustion Units); or 40 CFR 60, Subpart BBBB (Emission Guidelines for Existing Stationary Sources: Small Municipal Waste Combustion Units).

(ii)Burn greater than 30 percent municipal solid waste or refuse-derived fuel, as defined in Subpart Ea, Subpart Eb, Subpart AAAA, and Subpart BBBB, and that have the capacity to burn less than 35 tons (32 megagrams) per day of municipal solid waste or refuse-derived fuel, if the two requirements in subparagraphs (d)3.(ii)(I) and (II) of this paragraph below are met.

(I)Notify the Director that the unit meets these criteria.

(II)Keep records on a calendar quarter basis of the weight of municipal solid waste burned, and the weight of all other fuels and wastes burned in the unit.

4.Medical waste incineration units. Incineration units regulated under 40 CFR 60, Subpart Ec incorporated by reference in Rule 335-3-10-.02(3)(c) (Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996) or Rule 335-3-3-.04 [Incineration of Hospital/Medical/Infectious Waste].

5.Small power production facilities. Units that meet the three requirements specified in subparagraphs (d)5.(i) through (iii) of this paragraph below.

(i)The unit qualifies as a small power-production facility under Section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).

(ii)The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity.

(iii)The owner or operator notifies the Director that the unit meets all of these criteria

6.Cogeneration facilities. Units that meet the three requirements specified in subparagraphs (d)6.(i) through (iii) of this paragraph below.

(i)The unit qualifies as a cogeneration facility under Section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).

(ii)The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity and steam or other forms of energy used for industrial, commercial, heating, or cooling purposes.

(iii)The owner or operator notifies the Director that the unit meets all of these criteria

7.Hazardous waste combustion units. Units that meet either of the two criteria specified in subparagraphs (d)7.(i) or (ii) of this paragraph below.

(i)Units for which are required to obtain a permit under Section 3005 of the Solid Waste Disposal Act.

(ii)Units regulated under 40 CFR 63, Subpart EEE as incorporated in Rule 335-3-11-.06(56) (National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors).

8.Materials recovery units. Units that combust waste for the primary purpose of recovering metals, such as primary and secondary smelters.

9.Air curtain incinerators. Air curtain incinerators that burn only the materials listed in subparagraphs (d)9.(i) through (iii) of this paragraph below are only required to meet the requirements under "Air Curtain Incinerators" (paragraph (13) of this Rule).

(i)100 percent wood waste.

(ii)100 percent clean lumber.

(iii)100 percent mixture of only wood waste, clean lumber, and/or yard waste.

10.Cyclonic barrel burners.

11.Rack, part, and drum reclamation units.

12.Cement kilns. Kilns regulated under 40 CFR 63, Subpart LLL as incorporated in Rule 335-3-11-.06(63) (National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry).

13.Sewage sludge incinerators. Incineration units regulated under 40 CFR 60, Subpart O as incorporated in Rule 335-3-10-.02(15) (Standards of Performance for Sewage Treatment Plants).

14.Chemical recovery units. Combustion units burning materials to recover chemical constituents or to produce chemical compounds where there is an existing commercial market for such recovered chemical constituents or compounds. The seven types of units described in subparagraphs (d)14.(i) through (vii) of this paragraph below are considered chemical recovery units.

(i)Units burning only pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery process and reused in the pulping process.

(ii)Units burning only spent sulfuric acid used to produce virgin sulfuric acid.

(iii)Units burning only wood or coal feedstock for the production of charcoal.

(iv)Units burning only manufacturing byproduct streams/residues containing catalyst metals which are reclaimed and reused as catalysts or used to produce commercial grade catalysts.

(v)Units burning only coke to produce purified carbon monoxide that is used as an intermediate in the production of other chemical compounds

(vi)Units burning only hydrocarbon liquids or solids to produce hydrogen, carbon monoxide, synthesis gas, or other gases for use in other manufacturing processes.

(vii)Units burning only photographic film to recover silver.

15.Laboratory analysis units. Units that burn samples of materials for the purpose of chemical or physical analysis.

(e)Chemical Recovery Units not Listed. If a chemical recovery unit is not listed in subparagraph (d)14. of this paragraph above, the owner or operator of the unit can petition the Administrator of EPA to add the unit to the list. Until the Administrator approves the petition, the incineration unit is covered by this Rule. If a petition is approved, the Administrator will amend 40 CFR 60, &#167;60.2555(n) to add the unit to the list of chemical recovery units. The petition shall contain the six items in subparagraphs (e)1. through 6. of this paragraph below.

1.A description of the source of the materials being burned.

2.A description of the composition of the materials being burned, highlighting the chemical constituents in these materials that are recovered.

3.A description (including a process flow diagram) of the process in which the materials are burned, highlighting the type, design, and operation of the equipment used in this process.

4.A description (including a process flow diagram) of the chemical constituent recovery process, highlighting the type, design, and operation of the equipment used in this process.

5.A description of the commercial markets for the recovered chemical constituents and their use.

6.The composition of the recovered chemical constituents and the composition of these chemical constituents as they are bought and sold in commercial markets.

(3)Increments of Progress.

(a)For owners or operators planning to achieve compliance more than one year following the effective date of EPA's approval of these Rules, the two increments of progress specified in subparagraphs (a)1. and 2. of this paragraph below shall be met.

1.Submit a final control plan to the Director no later than one year after the effective date of EPA's approval of these Rules.

2.Achieve final compliance no later than December 1, 2005.

(b)The owner or operator shall submit to the Director, notifications for achieving increments of progress. The notifications shall be postmarked no later than 10 business days after the compliance date for the increment. These notifications shall include the three items specified in subparagraphs (b)1. through 3. of this paragraph below:

1.Notification that the increment of progress has been achieved.

2.Any items required to be submitted with each increment of progress.

3.Signature of the owner or operator of the CISWI unit.

(c)If an owner or operator fails to meet an increment of progress, a notification to the Director shall be submitted and postmarked within 10 business days after the date for that increment of progress in subparagraph (3)(a) above. The owner or operator shall inform the Director that the increment was not met, and reports shall be submitted each subsequent calendar month until the increment of progress is met.

(d)For the control plan increment of progress, the owner or operator shall satisfy the two requirements specified in subparagraphs (d)1. and 2. of this paragraph below.

1.Submit the final control plan that includes the five items described in subparagraphs (d)1.(i) through (v). of this paragraph below.

(i)A description of the devices for air pollution control and process changes that will be used to comply with the emission limitations and other requirements of this Rule.

(ii)The type(s) of waste to be burned.

(iii)The maximum design waste burning capacity.

(iv)The anticipated maximum charge rate.

(v)If applicable, the petition for site-specific operating limits under paragraph (6)(c) of this Rule.

2.Maintain an onsite copy of the final control plan.

(e)For the final compliance increment of progress, the owner or operator shall complete all process changes and retrofit construction of control devices, as specified in the final control plan, so that, if the affected CISWI unit is brought online, all necessary process changes and air pollution control devices would operate as designed.

(f)Closing and restarting a CISWI unit.

1.If the CISWI unit is closed but will be restarted prior to the final compliance date of December 1, 2005, the owner or operator shall meet the increments of progress specified in subparagraph (a) of this paragraph.

2.If the CISWI unit is closed but will be restarted after the final compliance date of December 1, 2005, the owner or operator shall complete emission control retrofits and meet the emission limitations and operating limits on the date the unit restarts operation.

(g)Permanent closure of a CISWI unit. If the owner or operator plans to close the CISWI unit rather than comply with this Rule, submit a closure notification, including the date of closure, to the Director within 90 days after EPA approval of these Rules.

(4)Waste Management Plan.

(a)A waste management plan is a written plan that identifies both the feasibility and the methods used to reduce or separate certain components of solid waste from the waste stream in order to reduce or eliminate toxic emissions from incinerated waste.

(b)A waste management plan shall be submitted no later than the date specified in subparagraph (3)(a)1. of this Rule for submittal of the final control plan.

(c)A waste management plan shall include consideration of the reduction or separation of waste-stream elements such as paper, cardboard, plastics, glass, batteries, or metals; or the use of recyclable materials. The plan shall identify any additional waste management measures, and the source shall implement those measures considered practical and feasible, based on the effectiveness of waste management measures already in place, the costs of additional measures, the emissions reductions expected to be achieved, and any other environmental or energy impacts they might have.

(5)Operator Training and Qualification.

(a)No CISWI unit can be operated unless a fully trained and qualified CISWI unit operator is accessible, either at the facility or can be at the facility within 1 hour. The trained and qualified CISWI unit operator may operate the CISWI unit directly or be the direct supervisor of one or more other plant personnel who operate the unit. If all qualified CISWI unit operators are temporarily not accessible, the procedures in subparagraph (h) of this paragraph below shall be followed.

(b)Operator training and qualification shall be obtained through a State-approved program that meets the requirements included in subparagraph (c) of this paragraph below. Qualification is valid from the date on which the training course is completed and the operator successfully passes the examination required under subparagraph (c)2. of this paragraph below.

(c)Training shall be obtained by completing an incinerator operator training course that includes, at a minimum, the three elements described in subparagraphs (c)1. through 3. of this paragraph below.

1.Training on the eleven subjects listed in subparagraphs (c)1.(i) through (xi) of this paragraph below.

(i)Environmental concerns, including types of emissions.

(ii)Basic combustion principles, including products of combustion.

(iii)Operation of the specific type of incinerator to be used by the operator, including proper startup, waste charging, and shutdown procedures.

(iv)Combustion controls and monitoring.

(v)Operation of air pollution control equipment and factors affecting performance (if applicable).

(vi)Inspection and maintenance of the incinerator and air pollution control devices.

(vii)Actions to correct malfunctions or conditions that may lead to malfunction.

(viii)Bottom and fly ash characteristics and handling procedures.

(ix)Applicable Federal, State, and local regulations, including Occupational Safety and Health Administration workplace standards.

(x)Pollution prevention.

(xi)Waste management practices.

2.An examination designed and administered by the instructor.

3.Written material covering the training course topics that can serve as reference material following completion of the course.

(d)The operator training course shall be completed by the later of the three dates specified in subparagraphs (d)1. through 3. of this paragraph below.

1.The final compliance date of December 1, 2005.

2.Six months after CISWI unit startup.

3.Six months after an employee assumes responsibility for operating the CISWI unit or assumes responsibility for supervising the operation of the CISWI unit.

(e)To maintain qualification, the operator shall complete an annual review or refresher course covering, at a minimum, the five topics described in subparagraphs (e)1. through 5. of this paragraph below.

1.Update of regulations.

2.Incinerator operation, including startup and shutdown procedures, waste charging, and ash handling.

3.Inspection and maintenance.

4.Responses to malfunctions or conditions that may lead to malfunction.

5.Discussion of operating problems encountered by attendees.

(f)A lapsed operator qualification shall be renewed by one of the two methods specified in subparagraphs (f)1. and 2. of this paragraph below.

1.For a lapse of less than 3 years, the operator shall complete a standard annual refresher course described in subparagraph (e) of this paragraph above.

2.For a lapse of 3 years or more, the operator shall repeat the initial qualification requirements in subparagraphs (b) and (c) of this paragraph above.

(g)Requirements for site specific documentation.

1.Site specific documentation shall be available at the facility and readily accessible for all CISWI unit operators that addresses the ten topics described in subparagraphs (g)1.(i) through (x) of this paragraph below. The owner or operator shall maintain this information and the training records required by subparagraph (g)3. of this paragraph below in a manner that they can be readily accessed and are suitable for inspection upon request.

(i)Summary of the applicable standards under this Rule.

(ii)Procedures for receiving, handling, and charging waste.

(iii)Incinerator startup, shutdown, and malfunction procedures.

(iv)Procedures for maintaining proper combustion air supply levels.

(v)Procedures for operating the incinerator and associated air pollution control systems within the standards established under this Rule.

(vi)Monitoring procedures for demonstrating compliance with the incinerator operating limits.

(vii)Reporting and recordkeeping procedures.

(viii)The waste management plan required under paragraph (4) of this Rule.

(ix)Procedures for handling ash.

(x)A list of the wastes burned during the performance test.

2.The owner or operator shall establish a program for reviewing the information listed in subparagraph (g)1. of this paragraph above with each incinerator operator.

(i)The initial review of the information listed in subparagraph (g)1. of this paragraph shall be conducted by the later of the three dates specified in subparagraphs (g)2.(i)(I) through (III) of this paragraph below.

(I)The final compliance date of December 1, 2005.

(II)Six months after CISWI unit startup.

(III)Six months after being assigned to operate the CISWI unit.

(ii)Subsequent annual reviews of the information listed in subparagraph (g)1. of this paragraph shall be conducted no later than 12 months following the previous review.

3.The owner or operator shall also maintain the information specified in subparagraphs (g)3.(i) through (iii) below.

(i)Records showing the names of CISWI unit operators who have completed review of the information in subparagraph (g)1. of this paragraph above as required by subparagraph (g)2. of this paragraph, including the date of the initial review and all subsequent annual reviews.

(ii)Records showing the names of the CISWI operators who have completed the operator training requirements under this paragraph, met the criteria for qualification under subparagraphs (a), (b) and (c) of this paragraph, and maintained or renewed their qualification under subparagraphs (e) or (f) of this paragraph, respectively. Records shall include documentation of training, the dates of the initial refresher training, and the dates of their qualification and all subsequent renewals of such qualifications.

(iii)For each qualified operator, the phone and/or pager number at which they can be reached during operating hours.

(h)If all qualified operators are temporarily not accessible (i.e., not at the facility and not able to be at the facility within 1 hour), the owner or operator shall meet one of the two criteria specified in subparagraphs (h)1. and 2. of this paragraph below, depending on the length of time that a qualified operator is not accessible.

1.When all qualified operators are not accessible for more than 8 hours, but less than 2 weeks, the CISWI unit may be operated by other plant personnel familiar with the operation of the CISWI unit who have completed a review of the information specified in subparagraph (g)1. of this paragraph within the past 12 months. However, the period when all qualified operators were not accessible shall be recorded and this deviation included in the annual report as specified under paragraph (11) of this Rule.

2.When all qualified operators are not accessible for 2 weeks or more, the two actions that are described in subparagraphs (h)2.(i) and (ii) of this paragraph below shall be taken.

(i)Notify the Director of this deviation in writing within 10 days. In the notice, state what caused this deviation, what actions are being taken to ensure that a qualified operator is accessible, and when it is expected that a qualified operator will be accessible.

(ii)Submit a status report to the Administrator every 4 weeks outlining what actions are being taken to ensure that a qualified operator is accessible, stating when it is expected that a qualified operator will be accessible and requesting approval from the Administrator to continue operation of the CISWI unit. The first status report shall be submitted 4 weeks after notification to the Director of the deviation under subparagraph (h)2.(i). If the Administrator notifies the owner or operator that the request to continue operation of the CISWI unit is disapproved, the CISWI unit may continue operation for 90 days, then shall cease operation. Operation of the unit may resume if the two requirements in subparagraphs (h)2.(ii)(I) and (II) of this paragraph below are met.

(I)A qualified operator is accessible as required under subparagraph (a) of this paragraph.

(II)The owner or operator notifies the Administrator that a qualified operator is accessible and operation is resuming.

(6)Emission Limitations and Operating Limits.

(a)The owner or operator shall meet the emission limitations specified in Table 1 of this Rule on the date the initial performance test is required or completed (whichever is earlier).

(b)Timelines for Operating Limits.

1.If a wet scrubber is used to comply with the emission limitations, the owner or operator shall establish operating limits for four operating parameters (as specified in Table 2 of this Rule) as described in subparagraphs (b)1.(i) through (iv) of this paragraph during the initial performance test.

(i)Maximum charge rate, calculated using one of the two different procedures in subparagraph (b)1.(i)(I) or (II) of this paragraph, as appropriate.

(I)For continuous and intermittent units, maximum charge rate is 110 percent of the average charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limitations

(II)For batch units, maximum charge rate is 110 percent of the daily charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limitations.

(ii)Minimum pressure drop across the wet scrubber, which is calculated as 90 percent of the average pressure drop across the wet scrubber measured during the most recent performance test demonstrating compliance with the particulate matter emission limitations; or minimum amperage to the wet scrubber, which is calculated as 90 percent of the average amperage to the wet scrubber measured during the most recent performance test demonstrating compliance with the particulate matter emission limitations.

(iii)Minimum scrubber liquor flow rate, which is calculated as 90 percent of the average liquor flow rate at the inlet to the wet scrubber measured during the most recent performance test demonstrating compliance with all applicable emission limitations.

(iv)Minimum scrubber liquor pH, which is calculated as 90 percent of the average liquor pH at the inlet to the wet scrubber measured during the most recent performance test demonstrating compliance with the HCl emission limitation.

2.The owner or operator shall meet the operating limits established during the initial performance test on the date the initial performance test is required or completed (whichever is earlier).

3.If the owner or operator uses a fabric filter to comply with the emission limitations, each fabric filter system shall be operated such that the bag leak detection system alarm does not sound more than 5 percent of the operating time during a 6-month period. In calculating this operating time percentage, if inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted. If corrective action is required, each alarm shall be counted as a minimum of 1 hour. If the owner or operator takes longer than 1 hour to initiate corrective action, the alarm time shall be counted as the actual amount of time taken by the owner or operator to initiate corrective action.

(c)If the owner or operator uses an air pollution control device other than a wet scrubber, or limit emissions in some other manner, to comply with the emission limitations under subparagraph (a) of this paragraph, the owner or operator shall petition the Administrator for specific operating limits to be established during the initial performance test and continuously monitored thereafter. The owner or operator shall not conduct the initial performance test until after the petition has been approved by the Administrator. The petition shall include the five items listed in subparagraphs (c)1. through 5. of this paragraph below.

1.Identification of the specific parameters the owner or operator proposes to use as additional operating limits.

2.A discussion of the relationship between these parameters and emissions of regulated pollutants, identifying how emissions of regulated pollutants change with changes in these parameters, and how limits on these parameters will serve to limit emissions of regulated pollutants.

3.A discussion of how the owner or operator will establish the upper and/or lower values for these parameters which will establish the operating limits on these parameters.

4.A discussion identifying the methods the owner or operator will use to measure and the instruments that will be used to monitor these parameters, as well as the relative accuracy and precision of these methods and instruments.

5.A discussion identifying the frequency and methods for recalibrating the instruments that will be used for monitoring these parameters.

(d)Periods of Startup, Shutdown, and Malfunction.

1.The emission limitations and operating limits apply at all times except during CISWI unit startups, shutdowns, or malfunctions.

2.Each malfunction shall last no longer than 3 hours.

(7)Performance Testing.

(a)All performance tests shall consist of a minimum of three test runs conducted under conditions representative of normal operations.

(b)The owner or operator shall document that the waste burned during the performance test is representative of the waste burned under normal operating conditions by maintaining a log of the quantity of waste burned (as required in paragraph (11) of this Rule) and the types of waste burned during the performance test.

(c)All performance tests shall be conducted using the minimum run duration specified in Table 1 of this Rule.

(d)Method 1 of Appendix A, 40 CFR 60 shall be used to select the sampling location and number of traverse points.

(e)Method 3A or 3B of Appendix A, 40 CFR 60 shall be used for gas composition analysis, including measurement of oxygen concentration. Method 3A or 3B of Appendix A, 40 CFR 60 shall be used simultaneously with each method.

(f)All pollutant concentrations, except for opacity, shall be adjusted to 7 percent oxygen using Equation 1 of this Rule:

(Eq. 1) <img src="Image3706.gif"/> Where:

Cadj = pollutant concentration adjusted to 7 percent oxygen;

Cmeas = pollutant concentration measured on a dry basis (20.9 - 7) = 20.9 percent oxygen - 7 percent oxygen (defined oxygen correction basis);

20.9 = oxygen concentration in air, percent; and %O2 = oxygen concentration measured on a dry basis, percent.

(g)The owner or operator shall determine dioxins/furans toxic equivalency by following the procedures in subparagraphs (g)1. through 3. of this paragraph below.

1.Measure the concentration of each dioxin/furan tetra- through octa-congener emitted using EPA Method 23.

2.For each dioxin/furan congener measured in accordance with subparagraph (g)1. of this paragraph above, multiply the congener concentration by its corresponding toxic equivalency factor specified in Table 3 of this Rule.

3.Sum the products calculated in accordance with subparagraph (g)2. of this paragraph above to obtain the total concentration of dioxins/furans emitted in terms of toxic equivalency.

(h)The results of performance tests are used to demonstrate compliance with the emission limitations in Table 1 of this Rule.

(8)Initial Compliance Requirements.

(a)The owner or operator shall conduct an initial performance test, as required under 40 CFR, &#167;60.8 [incorporated by reference under ADEM Admin. Code R. 335-3-10-.02(1)], to determine compliance with the emission limitations in Table 1 of this Rule and to establish operating limits using the procedure in subparagraphs (6)(b) or (6)(c) of this Rule. The initial performance test shall be conducted using the test methods listed in Table 1 of this Rule and the procedures in paragraph (7) of this Rule.

(b)The initial performance test shall be conducted no later than 180 days after the final compliance date. The final compliance date is specified in subparagraph (3)(a)2. of this Rule.

(9)Continuous Compliance Requirements.

(a)The owner or operator shall conduct an annual performance test for particulate matter, hydrogen chloride, and opacity for each CISWI unit as required under 40 CFR, &#167;60.8 to determine compliance with the emission limitations. The annual performance test shall be conducted using the test methods listed in Table 1 and the procedures in paragraph (7) of this Rule.

(b)The owner or operator shall continuously monitor the operating parameters specified in subparagraph (6)(b) or established under subparagraph (6)(c) of this Rule. Operation above the established maximum or below the established minimum operating limits constitutes a deviation from the established operating limits. Three-hour rolling average values are used to determine compliance (except for baghouse leak detection system alarms) unless a different averaging period is established under subparagraph (6)(c) of this Rule. Operating limits do not apply during performance tests.

(c)The owner or operator shall only burn the same types of waste used to establish operating limits during the performance test.

(d)The owner or operator shall conduct annual performance tests for particulate matter, hydrogen chloride, and opacity within 12 months following the initial performance test. Subsequent annual performance tests shall be conducted within 12 months following the previous one.

(e)The owner or operator can test less often for a given pollutant if the test data for at least 3 years, and all performance tests for the pollutant (particulate matter, hydrogen chloride, or opacity) over 3 consecutive years show that the CISWI unit comply with the emission limitation. In this case, a performance test would not need to be conducted for that pollutant for the next 2 years. A performance test shall be conducted during the third year and no more than 36 months following the previous performance test.

(f)If the CISWI unit continues to meet the emission limitation for particulate matter, hydrogen chloride, or opacity, the owner or operator may choose to conduct performance tests for these pollutants every third year, but each test shall be within 36 months of the previous performance test.

(g)If a performance test shows a deviation from an emission limitation for particulate matter, hydrogen chloride, or opacity, the owner or operator shall conduct annual performance tests for that pollutant until all performance tests over a 3-year period show compliance.

(h)The owner or operator may conduct a repeat performance test at any time to establish new values for the operating limits. The Director may request a repeat performance test at any time.

(i)The owner or operator shall repeat the performance test if the feed stream is different than the feed streams used during any performance test used to demonstrate compliance.

(10)Monitoring.

(a)If a wet scrubber is used to comply with the emission limitation under subparagraph (6)(a) of this Rule, the owner or operator shall install, calibrate (to manufacturers' specifications), maintain, and operate devices (or establish methods) for monitoring the value of the operating parameters used to determine compliance with the operating limits listed in Table 2 of this Rule. These devices (or methods) must measure and record the values for these operating parameters at the frequencies indicated in Table 2 of this Rule at all times except as specified in subparagraph (d)1. of this paragraph.

(b)If a fabric filter is used to comply with the requirements of this Rule, the owner or operator shall install, calibrate, maintain, and continuously operate a bag leak detection system as specified in subparagraphs (b)1. through 8. of this Rule.

1.The owner or operator shall install and operate a bag leak detection system for each exhaust stack of the fabric filter.

2.Each bag leak detection system shall be installed, operated, calibrated, and maintained in a manner consistent with the manufacturer's written specifications and recommendations.

3.The bag leak detection system shall be certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations of 10 milligrams per actual cubic meter or less.

4.The bag leak detection system sensor shall provide output of relative or absolute particulate matter loadings.

5.The bag leak detection system shall be equipped with a device to continuously record the output signal from the sensor.

6.The bag leak detection system shall be equipped with an alarm system that will sound automatically when an increase in relative particulate matter emissions over a preset level is detected. The alarm shall be located where it is easily heard by plant operating personnel.

7.For positive pressure fabric filter systems, a bag leak detection system shall be installed in each baghouse compartment or cell. For negative pressure or induced air fabric filters, the bag leak detector shall be installed downstream of the fabric filter.

8.Where multiple detectors are required, the system's instrumentation and alarm may be shared among detectors.

(c)If a device other than a wet scrubber is used to comply with the emission limitations under subparagraph (6)(a) of this Rule, the owner or operator shall install, calibrate (to the manufacturers' specifications), maintain, and operate the equipment necessary to monitor compliance with the site-specific operating limits established using the procedures in subparagraph (6)(c) of this Rule.

(d)The amount of monitoring data obtained is determined as follows:

1.Except for monitoring malfunctions, associated repairs, and required quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments of the monitoring system), all monitoring shall be conducted at all times the CISWI unit is operating.

2.Do not use data recorded during monitoring malfunctions, associated repairs, and required quality assurance or quality control activities for meeting the requirements of this Rule, including data averages and calculations. All the data collected during all other periods in assessing compliance with the operating limits shall be used.

(11)Recordkeeping and Reporting. The following 13 items shall be maintained (as applicable) as specified in subparagraphs (a) through (m) of this paragraph for a period of at least 5 years:

(a)Calendar date of each record.

(b)Records of the data described in subparagraphs (b)1. through 6. of this paragraph:

1.The CISWI unit charge dates, times, weights, and hourly charge rates.

2.Liquor flow rate to the wet scrubber inlet every 15 minutes of operation, as applicable.

3.Pressure drop across the wet scrubber system every 15 minutes of operation or amperage to the wet scrubber every 15 minutes of operation, as applicable.

4.Liquor pH as introduced to the wet scrubber every 15 minutes of operation, as applicable.

5.For affected CISWI units that establish operating limits for controls other than wet scrubbers under subparagraph (6)(c), the owner or operator shall maintain data collected for all operating parameters used to determine compliance with the operating limits.

6.If a fabric filter is used to comply with the emission limitations, the owner or operator shall record the date, time, and duration of each alarm and the time corrective action was initiated and completed, and a brief description of the cause of the alarm and the corrective action taken. The owner or operator shall also record the percent of operating time during each 6-month period that the alarm sounds, calculated as specified in subparagraph (6)(b)3. of this Rule.

(c)Identification of calendar dates and times for which monitoring systems used to monitor operating limits were inoperative, inactive, malfunctioning, or out of control (except for downtime associated with zero and span and other routine calibration checks). Identify the operating parameters not measured, the duration, reasons for not obtaining the data, and a description of corrective actions taken.

(d)Identification of calendar dates, times, and duration of malfunctions, and a description of the malfunction and the corrective action taken.

(e)Identification of calendar dates and times for which data show a deviation from the operating limits in Table 2 of this Rule or a deviation from other operating limits established under subparagraph (6)(c) of this Rule with a description of the deviations, reasons for such deviations, and a description of corrective actions taken.

(f)The results of the initial, annual, and any subsequent performance tests conducted to determine compliance with the emission limits and/or to establish operating limits, as applicable. Retain a copy of the complete test report including calculations.

(g)Records showing the names of CISWI unit operators who have completed review of the information in subparagraph (5)(g)1. as required by subparagraph (5)(g)2. of this Rule, including the date of the initial review and all subsequent annual reviews.

(h)Records showing the names of the CISWI operators who have completed the operator training requirements, met the criteria for qualification, and maintained or renewed their qualification under paragraph (5) of this Rule. Records shall include documentation of training, the dates of the initial and refresher training, and the dates of their qualification and all subsequent renewals of such qualifications.

(i)For each qualified operator, the phone and/or pager number at which they can be reached during operating hours.

(j)Records of calibration of any monitoring devices as required under paragraph (10) of this Rule.

(k)Equipment vendor specifications and related operation and maintenance requirements for the incinerator, emission controls, and monitoring equipment.

(l)The information listed in subparagraph (5)(g) of this Rule.

(m)On a daily basis, keep a log of the quantity of waste burned and the types of waste burned (always required).

(n)All records shall be available onsite in either paper copy or computer-readable format that can be printed upon request, unless an alternative format is approved by the Director.

(o)A summary of the reporting requirements can be found in Table 4 of this Rule.

(p)The waste management plan shall be submitted no later than the date specified in subparagraph (3)(a)1. of this Rule for submittal of the final control plan.

(q)The information specified in subparagraphs (q)1. through 3. of this paragraph below shall be submitted no later than 60 days following the initial performance test. All reports shall be signed by the responsible official.

1.The complete test report for the initial performance test results obtained under paragraph (8) of this Rule, as applicable.

2.The values for the site-specific operating limits established in subparagraphs (6)(b) or (c) of this Rule.

3.If a fabric filter is being used to comply with the emission limitations, documentation that a bag leak detection system has been installed and is being operated, calibrated, and maintained as required by subparagraph (10)(b) of this Rule.

(r)An annual report shall be submitted no later than 12 months following the submission of the information in subparagraph (q) of this paragraph above. Subsequent reports shall be submitted no more than 12 months following the previous report.

(s)The annual report required under subparagraph (r) of this paragraph above shall include the ten items listed in subparagraphs (s)1. through 10. of this paragraph below. If there is a deviation from the operating limits or the emission limitations, deviation reports shall also be submitted as specified in subparagraph (t) of this paragraph below.

1.Company name and address.

2.Statement by a responsible official, with that official's name, title, and signature, certifying the accuracy of the content of the report.

3.Date of report and beginning and ending dates of the reporting period.

4.The values for the operating limits established pursuant to subparagraphs (6)(b) or (6)(c) of this Rule.

5.If no deviation from any emission limitation or operating limit that applies has been reported, a statement that there was no deviation from the emission limitations or operating limits during the reporting period, and that no monitoring system used to determine compliance with the operating limits was inoperative, inactive, malfunctioning or out of control.

6.The highest recorded 3-hour average and the lowest recorded 3-hour average, as applicable, for each operating parameter recorded for the calendar year being reported.

7.Information recorded under subparagraphs (b)6. and (c) through (e) of this paragraph for the calendar year being reported.

8.If a performance test was conducted during the reporting period, the results of that test.

9.If the requirements of subparagraphs (9)(e) or (9)(f) were met, and did not conduct a performance test during the reporting period, the owner or operator shall state that the requirements of subparagraphs (9)(e) or (9)(f) were met, and, therefore, were not required to conduct a performance test during the reporting period.

10.Documentation of periods when all qualified CISWI unit operators were unavailable for more than 8 hours, but less than 2 weeks.

(t)Reporting of deviations from the operating limits or the emission limitations.

1.A deviation report shall be submitted if any recorded 3-hour average parameter level is above the maximum operating limit or below the minimum operating limit established under this Rule, if the bag leak detection system alarm sounds for more than 5 percent of the operating time for the 6-month reporting period, or if a performance test was conducted that deviated from any emission limitation.

2.The deviation report shall be submitted by August 1 of that year for data collected during the first half of the calendar year (January 1 to June 30), and by February 1 of the following year for data collected during the second half of the calendar year (July 1 to December 31).

3.In each report required under this subparagraph, for any pollutant or parameter that deviated from the emission limitations or operating limits specified in this Rule, include the six items described in subparagraphs (t)3.(i) through (vi) of this paragraph below.

(i)The calendar dates and times the CISWI unit deviated from the emission limitations or operating limit requirements.

(ii)The averaged and recorded data for those dates.

(iii)Duration and causes of each deviation from the emission limitations or operating limits and corrective actions taken.

(iv)A copy of the operating limit monitoring data during each deviation and any test report that documents the emission levels.

(v)The dates, times, number, duration, and causes for monitoring downtime incidents (other than downtime associated with zero, span, and other routine calibration checks).

(vi)Whether each deviation occurred during a period of startup, shutdown, or malfunction, or during another period.

4.If all qualified operators are not accessible for 2 weeks or more, the two actions in subparagraphs (t)4.(i) and (ii) of this paragraph below shall be taken.

(i)Submit a notification of the deviation within 10 days that includes the three items in subparagraphs (t)4.(i)(I) through (III) of this paragraph below.

(I)A statement of what caused the deviation.

(II)A description of what actions are being taken to ensure that a qualified operator is accessible.

(III)The date when it is anticipated that a qualified operator will be available.

(ii)Submit a status report to the Director every 4 weeks that includes the three items in subparagraphs (t)4.(ii)(I) through (III) of this paragraph below.

(I)A description of what actions are being taken to ensure that a qualified operator is accessible.

(II)The date when it is anticipated that a qualified operator will be accessible.

(III)Request approval from the Director to continue operation of the CISWI unit.

(iii)If the CISWI unit was shut down by the Administrator, under the provisions of subparagraph (5)(h)2.(ii) of this Rule, due to a failure to provide an accessible qualified operator, the owner or operator shall notify the Administrator that operations will resume once a qualified operator is accessible.

(u)Notifications provided by 40 CFR, &#167;60.7 [as incorporated by reference under ADEM Admin. Code R. 335-3-10-.02(1)] shall be submitted.

(v)Initial, annual, and deviation reports shall be submitted electronically or in paper format, postmarked on or before the submittal due dates.

(w)The Director may change the semiannual or annual reporting dates. Procedures for seeking approval to change reporting dates are found in 40 CFR, &#167;60.19(c) [as incorporated by reference under ADEM Admin. Code R. 335-3-10-.02(1)].

(12)Major Source Operating Permits. Each CISWI unit shall operate pursuant to the requirements of Chapter 335-3-16 by December 1, 2003.

(13)Air Curtain Incinerators.

(a)An air curtain incinerator operates by forcefully projecting a curtain of air across an open chamber or open pit in which combustion occurs. Incinerators of this type can be constructed above or below ground and with or without refractory walls and floor. (Air curtain incinerators are not to be confused with conventional combustion devices with enclosed fireboxes and controlled air technology such as mass burn, modular, and fluidized bed combustors.)

(b)Air curtain incinerators that burn only the materials listed in subparagraphs (b)1. through 3. of this paragraph below are only required to meet the requirements under this paragraph.

1.100 percent wood waste.

2.100 percent clean lumber.

3.100 percent mixture of only wood waste, clean lumber, and/or yard waste.

(c)For owners or operators planning to achieve compliance more than one year following the effective date of EPA's approval of these Rules, the two increments of progress specified in subparagraphs (c)1. and 2. of this paragraph below shall be met.

1.Submit a final control plan no later than one year following the effective date of EPA's approval of these Rules.

2.Achieve final compliance no later than December 1, 2005.

(d)The owner or operator shall submit to the Director, notifications for achieving increments of progress. The notifications shall be postmarked no later than 10 business days after the compliance date for the increment. These notifications shall include the three items specified in subparagraphs (d)1. through 3. of this paragraph below:

1.Notification that the increment of progress has been achieved.

2.Any items required to be submitted with each increment of progress.

3.Signature of the owner or operator of the incinerator unit.

(e)If an owner or operator fails to meet an increment of progress, a notification to the Director shall be submitted and postmarked within 10 business days after the date for that increment of progress in subparagraph (c) of this paragraph above. The owner or operator shall inform the Director that the increment was not met, and reports shall be submitted each subsequent calendar month until the increment of progress is met.

(f)For the control plan increment of progress, the owner or operator shall satisfy the two requirements specified in subparagraphs (f)1. and 2. of this paragraph below.

1.Submit the final control plan, including a description of any devices for air pollution control and any process changes that will be used to comply with the emission limitations and other requirements of this paragraph.

2.Maintain an onsite copy of the final control plan.

(g)For the final compliance increment of progress, the owner or operator shall complete all process changes and retrofit construction of control devices, as specified in the final control plan, so that, if the affected incinerator is brought online, all necessary process changes and air pollution control devices would operate as designed.

(h)Closing and restarting an air curtain incinerator.

1.If the incinerator is closed but will be restarted prior to the final compliance date of December 1, 2005, the increments of progress specified in subparagraph (c) of this paragraph shall be met.

2.If the incinerator is to restart after the final compliance date, the owner or operator shall complete emission control retrofits and meet the emission limitations on the date the incinerator restarts operation.

(i)Permanent closure of an air curtain incinerator. If the owner or operator plans to close the incinerator rather than comply with this Rule, submit a closure notification, including the date of closure, to the Director within 90 days after EPA approval of these Rules.

(j)Emission limitations for air curtain incinerators.

1.After the date the initial stack test is required or completed (whichever is earlier), the owner or operator shall meet the limitations in subparagraphs (j)1.(i) and (ii) of this paragraph below.

(i)The opacity limitation is 10 percent (6-minute average), except as described in subparagraph (j)1.(ii) of this paragraph below.

(ii)The opacity limitation is 35 percent (6-minute average) during the startup period that is within the first 30 minutes of operation.

2.Except during malfunctions, the requirements of this paragraph apply at all times, and each malfunction shall not exceed 3 hours.

(k)Monitoring opacity for air curtain incinerators.

1.Use Method 9 of 40 CFR 60, Appendix A to determine compliance with the opacity limitation.

2.Conduct an initial test for opacity as specified in 40 CFR, &#167;60.8 no later than 180 days after the final compliance date.

3.After the initial test for opacity, conduct annual tests no more than 12 calendar months following the date of the previous test.

(l)Recordkeeping and reporting requirements for air curtain incinerators.

1.Keep records of results of all initial and annual opacity tests onsite in either paper copy or electronic format, unless the Director approves another format, for at least 5 years.

2.Make all records available for submittal to the Director or for an inspector's onsite review.

3.Submit an initial report no later than 60 days following the initial opacity test that includes the information specified in subparagraphs (l)3.(i) and (ii) of this paragraph below.

(i)The types of materials planned to be combusted in the air curtain incinerator.

(ii)The results (each 6-minute average) of the initial opacity tests.

4.Submit annual opacity test results within 12 months following the previous report.

5.Submit initial and annual opacity test reports as electronic or paper copy on or before the applicable submittal date and keep a copy onsite for a period of 5 years.

TABLE 1. EMISSION LIMITS FOR CISWI

<table width="100%"> Pollutant Units (7 percent oxygen, dry basis, except opacity) Averaging Time Compliance Method 40 CFR 60 Appendix A Cadmium 0.004 Milligrams per dry standard cubic meter 3-run average (1 hour minimum sample time per run) Method 29 Carbon Monoxide 157 Parts per million by dry volume 3-run average (1 hour minimum sample time per run) Methods 10, 10A, or 10B Dioxins/furans (toxic equivalency basis) 0.41 Nanograms per dry standard cubic meter. 3-run average (1 hour minimum sample time per run) Method 23 Hydrogen Chloride 62 Parts per million by dry volume 3-run average (1 hour minimum sample time per run) Method 26A Lead 0.04 Milligrams per dry standard cubic meter 3-run average (1 hour minimum sample time per run) Method 29 Mercury 0.47 Milligrams per dry standard cubic meter 3-run average (1 hour minimum sample time per run) Method 29 Nitrogen Oxides 388 Parts per million by dry volume 3-run average (1 hour minimum sample time per run) Methods 7, 7A, 7C, 7D, or 7E Particulate Matter 70 Milligrams per dry standard cubic meter 3-run average (1 hour minimum sample time per run) Method 5 or 29 Sulfur Dioxide 20 Parts per million by dry volume 3-run average (1 hour minimum sample time per run) Method 6 or 6c Opacity 10 Percent 6-minute averages Method 9 </table>

TABLE 2. OPERATING LIMITS FOR WET SCRUBBERS

<table width="100%"> And Monitor Using These Minimum Frequencies For these operating parameters Establish these operating limits Data Measurement Data Recording Averaging Time (Calculated each hour as the average of the previous 3 operating hours.) Charge rate. Maximum charge rate. Continuous Every hour Daily (batch units). 3-hour rolling (continuous and intermittent units). Pressure drop across the wet scrubber or amperage to wet scrubber. Minimum pressure drop or amperage. Continuous Every 15 minutes 3-hour rolling. Scrubber liquor flow rate. Minimum flow rate. Continuous Every 15 minutes 3-hour rolling. Scrubber liquor pH. Minimum pH. Continuous Every 15 minutes 3-hour rolling. </table>

TABLE 3. TOXIC EQUIVALENCY FACTORS

<table width="100%"> Dioxin/Furan Congener Toxic Equivalency Factor 2,3,7,8-tetrachlorinated dibenzo-p-dioxin 1 1,2,3,7,8- pentachlorinated dibenzo-p-dioxin 0.5 1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin 0.1 1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin 0.1 1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin 0.1 1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin 0.01 octachlorinated dibenzo-p-dioxin 0.001 2,3,7,8-tetrachlorinated dibenzofuran 0.1 2,3,4,7,8-pentachlorinated dibenzofuran 0.5 1,2,3,7,8-pentachlorinated dibenzofuran 0.05 1,2,3,4,7,8-hexachlorinated dibenzofuran 0.1 1,2,3,6,7,8-hexachlorinated dibenzofuran 0.1 1,2,3,7,8,9-hexachlorinated dibenzofuran 0.1 2,3,4,6,7,8-hexachlorinated dibenzofuran 0.1 1,2,3,4,6,7,8-heptachlorinated dibenzofuran 0.01 1,2,3,4,7,8,9-heptachlorinated dibenzofuran 0.01 octachlorinated dibenzofuran 0.001 </table>

TABLE 4. REPORTING REQUIREMENTS

<table width="100%"> Report Due Date Contents Reference 335-3-.05 Waste Management Plan No later than the date specified for submittal of the final control plan. Waste Management Plan????.. (11)(p) Initial Test Report No later than 60 days following the initial performance test. Complete test report for the initial performance test. The values for the site-specific operating limits. Installation of bag leak detection systems for fabric filters. (11)(q) Annual Report No later than 12 months following the submission of the initial test report. Subsequent reports are to be submitted no more than 12 months following the previous report. Name and address??????.?. Statement and signature by responsible official. Date of report. Values for the operating limits. If no deviations or malfunctions were reported, a statement that no deviations occurred during the reporting period. Highest recorded 3-hour average and the lowest recorded 3-hour average, as applicable, for each operating parameter recorded for the calendar year being reported. Information for deviations or malfunctions recorded under (11)(b)6. &amp; (11)(c) through (e). If a performance test was conducted during the reporting period, the results of the test. If a performance test was not conducted during the reporting period, a statement that the requirements of (9)(e) or (9)(f) were met. Documentation of periods when all qualified CISWI unit operators were unavailable for more than 8 hours but less than 2 weeks. (11)(r) &amp; (s) Emission Limitation or Operating Limit Deviation Report By August 1 of that year for data collected during the first half of the calendar year. By February 1 of the following year for data collected during the second half of the calendar year. Dates and times of deviations??. Averaged and recorded data for these dates. Duration and causes for each deviation and the corrective actions taken. Copy of operating limit monitoring data and any test reports. Dates, times, and causes for monitor downtime incidents. Whether each deviation occurred during a period of startup, shutdown, or malfunction. (11)(t)1. - 3. </table>

TABLE 4. REPORTING REQUIREMENTS CONT'D

<table width="100%"> Report Due Date Contents Reference 335-3-.05 Qualified Operator Deviation Notification. Within 10 days of deviation. Statement of cause of deviation. Description of efforts to have an accessible qualified operator. The date a qualified operator will be accessible. (11)(t)4.(i) Qualified Operator Deviation Status Report. Every 4 weeks following deviation. Description of efforts to have an accessible qualified operator. The date a qualified operator will be accessible. Request for approval to continue operation. (11)(t)4.(ii) Qualified Operator Deviation Notification of Resumed Operation. Prior to resuming operation. Notification that operation will resume. (11)(t)4.(iii) </table>

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed February 7, 2002; effective March 14, 2002. Amended: Filed August 28, 2003; effective October 2, 2003.

(1)Visible Emissions Restrictions for Stationary Sources.

(a)Except as provided in subparagraphs (b), (c), (d), or (e) of this paragraph, no person shall discharge into the atmosphere from any source of emission, particulate of an opacity greater than that designated as twenty percent (20%) opacity, as determined by a six (6) minute average.

(b)During one six (6) minute period in any sixty (60) minute period, a person may discharge into the atmosphere from any source of emission, particulate of an opacity not greater than that designated as forty percent (40%) opacity.

(c)The Director may approve EXCEPTION to this Rule or specific sources which hold permits under Chapter 335-3-14; provided however, such EXCEPTION may be made for startup, shutdown, load change, and rate change or other short, intermittent periods of time upon terms approved by the Director and made a part of such permit.

(d)The Director may also approve EXCEPTION to this Rule in accordance with the following provisions:

1.The owner or operator of the affected source shall request in writing for the Director to provide an opportunity for the determination of the opacity of emissions during sampling and testing required pursuant to Rule 335-3-1-.08.

2.Upon receipt from such owner or operator of the written report of the results of the sampling and testing conducted pursuant to Rule 335-3-1-.08, the Director will make a finding concerning compliance with opacity and other applicable standards.

3.If the Director determines that an affected source is in compliance with all applicable standards for which the sampling and testing are being conducted in accordance with Rule 335-3-1-.08 but during such sampling and testing the affected source fails to meet any applicable opacity standard, he shall notify the owner or operator and advise him that he may petition the Director within ten (10) days of receipt of notification to make appropriate adjustment to the opacity standard for the affected source.

4.The Director may grant such a petition upon a demonstration by the owner or operator that the affected source and associated air pollution control equipment were operated and maintained in a manner to minimize the opacity of emissions during the sampling and testing; that such sampling and testing were performed under the conditions established by the Director; and that the affected source and associated air pollution control equipment were incapable of being adjusted or operated to meet the applicable opacity standard.

5.Upon the conclusion of sampling and testing as required above, the Director may establish an opacity standard for the affected source at a level at which the source will be able, as indicated by the sampling and testing, to meet the opacity standard at all times during which the source is meeting the mass emissions standards. If sufficient data is not available to the Director to establish such opacity standards, the Director may require additional sampling and testing as necessary to make such a determination of opacity.

(e)The provisions of this paragraph shall not apply to combustion sources in single-family and duplex dwellings where such sources are used for heating or other domestic purposes.

(2)Compliance with opacity standards in this Rule shall be determined by conducting observations in accordance with Reference Method 9 in Appendix A, 40 CFR Part 60, as the same may be amended requiring a six (6) minute average as determined by twenty-four (24) consecutive readings, at intervals of fifteen (15) seconds each.

(3)The conditions in paragraph (4) of this Rule apply to each emissions unit that meets all of the following requirements:

(a)A Continuous Opacity Monitoring System (COMS) is used for indication of opacity of emissions;

(b)With respect to opacity limitations, the units are subject only to the opacity provisions stated in paragraph (1) of this Rule; and

(c)The COMS system utilized is required to comply with the requirements of 40 CFR 60.13 or 40 CFR 75.14 (if applicable) and is required to be certified in accordance with the requirements of 40 CFR 60, Appendix B, Performance Specification 1.

(4)During each calendar quarter, the permittee will not be deemed in violation of Rule 335-3-4-.01(1) if the non-exempt excess emissions periods do not exceed 2.0 percent of the source operating hours for which the opacity standard is applicable and for which the COMS is indicating valid data.

(5)Nothing in paragraph (4) of this Rule shall be construed to supercede the validity of opacity readings taken under paragraph (2) of this Rule.

Authors: James W. Cooper, John E. Daniel, Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14; 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective date January 18, 1972. Amended: June 5, 1979. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed August 28, 2003; effective October 2, 2003.

(1)No person shall cause, suffer, allow, or permit any materials to be handled, transported, or stored; or a building, its appurtenances, or a road to be used, constructed, altered, repaired, or demolished without taking reasonable precautions to prevent particulate matter from becoming airborne. Such reasonable precautions shall include, but not be limited to, the following:

(a)Use, where possible, of water or chemicals for control of dust in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land;

(b)Application of asphalt, oil, water, or suitable chemicals on dirt roads, materials stock piles, and other surfaces which create airborne dust problems;

(c)Installation and use of hoods, fans, and fabric filters (or other suitable control devices) to enclose and vent the handling of dusty materials. Adequate containment methods shall be employed during sandblasting or other similar operations.

(2)Visible Emissions Restrictions Beyond Lot Line. No person shall cause or permit the discharge of visible fugitive dust emissions beyond the lot line of the property on which the emissions originate.

(3)When dust, fumes, gases, mist, odorous matter, vapors, or any combination thereof escape from a building or equipment in such a manner and amount as to cause a nuisance or to violate any rule or regulation, the Director may order that the building or equipment in which processing, handling and storage are done be tightly closed and ventilated in such a way that all air and gases and air or gas-borne material leaving the building or equipment are treated by removal or destruction of air contaminants before discharge to the open air.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended: April 3, 1979; September 18, 1985. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed June 10, 1999; effective July 15, 1999.

(1)Class 1 Counties: No person shall cause or permit the emission of particulate matter from fuel-burning equipment in a Class 1 County in excess of the amount shown in Table 4-1 for the heat input allocated to such source. For sources in Class 1 Counties, interpolation of the data in Table 4-1 for heat input values between 10 million BTU/hr and 250 million BTU/hr shall be accomplished by the use of the equation:

E = 1.38H-0.44

where: E = Emissions in lb/million BTU

H = Heat Input in millions of BTU/hr

(2)Class 2 Counties: No person shall cause or permit the emission of particulate matter from fuel-burning equipment in a Class 2 County in excess of the amount shown in Table 4-1 for the heat input allocated to such source. For sources in Class 2 Counties, interpolation of the data in Table 4-1 for heat input values between 10 million BTU/hr and 250 million BTU/hr shall be accomplished by the use of the equation:

E = 3.109H-0.589

where: E = Emissions in lb/million BTU

H = Heat Input in millions of BTU/hr

(3)For purposes of this Rule, the total heat input from all similar fuel combustion units which discharge particulate matter through a common stack at a plant or premises shall be used for determining the maximum allowable emission of particulate matter.

(4)New fuel-burning sources emitting particulate matter shall be subject to the rules and regulations for Class 1 Counties, paragraph (1) of this Rule, regardless of their location.

TABLE 4-1 ALLOWABLE PARTICULATE MATTER EMISSION

BASED ON HEAT INPUT

Heat InputAllowable Emission(lb/million BTU)

(Millions of BTU/hr) Class 1 County Class 2 County

10.50.8

100.50.8

200.370.53

400.270.35

600.230.28

800.200.24

1000.180.21

1500.150.16

2000.130.14

2500.120.12

1,000,0000.120.12

(5)In lieu of the particulate emission limitations contained in paragraph (1) of this Rule for existing coal fired boilers at pulp mills in Talladega County having a rated capacity of up to 300 million BTU per hour, the allowable particulate emission limit shall be 0.1 lb/MMBTU.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended: October 10, 1984. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Class 1 Counties: No person shall cause or permit the emission of particulate matter in any one hour from any source in a Class I County in excess of the amount shown in Table 4-2 for the process weight per hour allocated to such source. For sources in Class I Counties, interpolation of the data in Table 4-2 for the process weight per hour values up to 60,000 lbs/hr shall be accomplished by use of the equation:

E = 3.59 P0.62

(P&lt;30 tons/hr)

and interpolation and extrapolation of the data for process weight per hour values equal to or in excess of 60,000 lbs/hr shall be accomplished by use of the equation:

E = 17.31 P0.16

(P&gt;30 tons/hr)

whereE = Emissions in pounds per hour

P = Process weight per hour in tons per hour.

(a)For the existing four (4) sinter machines in Jefferson County, the allowable filterable particulate limit from each windbox exhaust shall not exceed 0.030 grains per dry standard cubic foot with the additional requirement that total filterable particulate emissions from all windbox exhausts and discharge ends not exceed 140 pounds per hour.

Compliance with the total emission limit shall be achieved by operating no more than three (3) of the four (4) sinter machines simultaneously.

(2)Class 2 Counties: No person shall cause or permit the emission of particulate matter in any one hour from any source in a Class 2 County in excess of the amount shown in Table 4-2 for the process weight per hour allocated to such source. For sources in Class 2 Counties, interpolation of the data in Table 4-2 for the process weight per hour values up to 60,000 lbs/hr shall be accomplished by use of the equation:

E = 4.10 P0.67

(P&lt; 30 tons/hr)

and interpolation and extrapolation of the data for process weight per hour values equal to or in excess of 60,000 lbs/hr shall be accomplished by use of the equation:

E = 55.0 P0.11 -40

(P&gt; 30 tons/hr)

where:E = Emissions in pounds per hour

P = Process weight per hour in tons per hour.

(3)Where the nature of any process or operation or the design of any equipment is such as to permit more than one interpretation of this Rule, the interpretation that results in the minimum value for allowable emission shall apply.

(4)For purposes of this Rule, the total process weight from all similar process units at a plant or premises shall be used for determining the maximum allowable emission of particulate matter that passes through a stack or stacks.

(5)New sources subject to this Rule emitting particulate matter shall be subject to the rules and regulations for Class I Counties, contained in paragraph (1) of this Rule, regardless of their location.

TABLE 4-2 ALLOWABLE PARTICULATE MATTER EMISSION

BASED ON PROCESS WEIGHT RATE

Process Weight RateAllowable Emission Rate (lb/hr)

(lb/hr) Class 1 CountyClass 2 County

100 0.56 0.55

500 1.52 1.62

1,000 2.34 2.57

5,000 6.33 7.57

10,000 9.7612.05

20,00014.9719.18

60,00029.8339.96

80,00031.2342.53

120,00033.3346.30

160,00034.9049.06

200,00036.1751.28

1,000,00046.7968.96

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended: April 6, 1983. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)No person shall cause or permit the emission of particulate matter in any one (1) hour from any small foundry cupola source in excess of the amount shown in Table 4-3 for the process weight per hour allocated to such source.

(2)Where the nature of any process or operation or the design of any equipment is such as to permit more than one interpretation of this Rule, the interpretation that results in the minimum value for allowable emission shall apply.

(3)For purposes of this Rule, the total process weight from all similar process units at a plant or premises shall be used for determining the maximum allowable emission of particulate matter that passes through a stack or stacks.

(4)Foundry cupolas with a process weight rate greater than 50,000 pounds per hour shall be subject to the rules and regulations of Rule 335-3-4-.04.

TABLE 4-3 ALLOWABLE PARTICULATE MATTER EMISSION

BASED ON PROCESS WEIGHT RATE FOR

SMALL FOUNDRY CUPOLAS

Process WeightAllowable Emission Rate

(lb/hr) (lb/hr)

1,000 3.05

2,000 4.70

3,000 6.35

4,000 8.00

5,000 9.58

6,00011.30

7,00012.90

8,00014.30

9,00015.50

10,00016.65

12,00018.70

16,00021.60

18,00023.40

20,00025.10

30,00031.30

40,00037.00

50,00042.40

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, and 22-22A-8.

History: Effective Date: January 18, 1972. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)No person shall cause or permit the emission of particulate matter in any one (1) hour from any cotton gin operation in excess of the amount shown in Table 4-4 for the process weight per hour allocated to such operation. Particulate matter emissions subject to this Rule include process emissions and incinerator emissions if any; provided, however, that this shall in no way relieve or affect the application of Chapter 335-3-3 to open burning and incineration at cotton gin operations.

(2)Where the nature of any process or operation or the design of any equipment is such as to permit more than one interpretation of this Rule, the interpretation that results in the minimum value for allowable emission shall apply.

(3)For purposes of this Rule, the total process weight from all similar process units at a plant or premises shall be used for determining the maximum allowable emission of particulate matter that passes through a stack or stacks.

TABLE 4-4 ALLOWABLE PARTICULATE MATTER EMISSION

BASED ON PROCESS WEIGHT RATE FOR COTTON GINS

Process Weight AllowableProcess Weight Allowable

Rate Emission Rate RateEmission Rate

(lb/hr) (lb/hr) (lb/hr) (lb/hr)

1,000 1.6 9,000 13.7

1,500 2.4 10,000 15.2

2,000 3.1 12,000 18.2

2,500 3.9 14,000 21.2

3,000 4.7 16,000 24.2

3,500 5.4 18,000 27.2

4,000 6.2 20,000 30.1

5,000 7.7 30,000 44.9

6,000 9.2 40,000 59.7

7,000 10.7 50,000 64.0

8,000 12.2 &gt;60,000 67.4

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended:

(1)Applicability. This Rule applies to manufacturing facilities for the pulping of wood and the preparation and recovery of associated chemicals by the kraft process, including combined recovery systems serving other processes such as neutral sulfite pulping.

(2)No person shall cause or permit the emission of particulate matter from any kraft pulp mill in excess of the amounts provided as follows:

(a)From all recovery furnaces, not more than 4.0 pounds per ton of pulp.

(b)From all smelt dissolver vents, not more than 0.5 pounds per ton.

(c)From all lime kilns, not more than 1.0 pounds per ton of pulp.

(3)The pulp production rates for kraft mills referred to in this Rule shall be tons of unbleached air-dried kraft pulp.

(4)Notwithstanding the specific limits set forth in this Rule, in order to maintain the lowest possible emission of air contaminants, the highest and best practicable treatment and control for particulate matter currently available shall be provided for new kraft pulp mills.

(5)For chemical recovery boilers constructed before 1972 at kraft pulp mills in Autauga County, the allowable particulate emissions shall be 1.11 pounds per air-dried ton of pulp.

(6)In lieu of the particulate emission limitations contained in subparagraph (2)(a) of this Rule, for chemical recovery boilers constructed before 1973 at pulp mills in Talladega County, the allowable particulate emission limits shall be 2.5 pounds per air-dried ton of unbleached kraft pulp.

(7)In lieu of the particulate emission limitations contained in subparagraph (2)(b) of this Rule, for smelt dissolver tanks constructed before 1973 at pulp mills in Talladega County, the allowable particulate emission limit shall be 0.3 pounds per air-dried ton of unbleached kraft pulp.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: July 26, 1972. Amended: March 7, 1984; October 10, 1984. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Applicability. This Rule applies to boilers and other indirect heat exchangers using not less than thirty percent (30%) wood waste or wood by-products as fuel measured by heat input.

(2)Except as provided in paragraph (3) of this Rule, no person shall cause or permit the emission of particulate matter from any existing wood waste boilers in excess of 0.30 grains per standard dry cubic foot adjusted to fifty percent (50%) excess air. Provided that: for any existing wood waste boiler which must be modified in order to meet the emission limitations of this Rule, no person shall cause or permit the emission of particulates in excess of:

(a)0.17 grains per standard dry cubic foot, adjusted to fifty percent (50%) excess air for combination gas and wood waste boilers.

(b)0.20 grains per standard dry cubic foot, adjusted to 50 percent excess air for combination oil and wood waste boilers.

(c)0.23 grains per standard dry cubic foot, adjusted to fifty percent (50%) excess air for combination coal and wood waste boilers.

(d)0.20 grains per standard dry cubic foot, adjusted to fifty percent (50%) excess air for boilers using wood waste only.

(3)In lieu of the particulate emission limitations contained in paragraph (2) of this Rule for existing wood waste boilers at pulp mills in Talladega County having a rated capacity greater than 300 million BTU per hour:

(a)The allowable particulate emission limit shall be 0.60 grains per standard dry cubic foot adjusted to 50% excess air, with the additional requirement that total mass particulate emissions shall not exceed 347 pounds per hour.

(b)In lieu of the opacity limits contained in Rule 335-3-4-.01, such units shall not discharge into the atmosphere particulate of an opacity greater than that designated as seventy-six percent (76%) opacity, as determined by fixed one-hour averages (the average of each ten six-minute averages per discrete clock hour).

(c)The transmissometer system for continuous measurement of the opacity of stack emissions shall be the technique for determining compliance with opacity limits. The transmissometer shall comply with the requirements of 40 CFR 60, Appendix B, Performance Specification 1. If the opacity monitoring system is not operating properly, the EPA Reference Method 9 (40 CFR 60, Appendix A), utilizing one-hour averages, shall serve as the compliance technique.

Authors: James W Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14; 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: July 26, 1972. Amended: January 27, 1981; December 9, 1983; October 10, 1984. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed August 3, 2000; effective September 7, 2000.

(1)Applicability. The provisions of this Rule shall apply to the production of coke in existing conventional slot-oven coke batteries with the exception of paragraph (10) of this Rule which applies to new batteries.

(2)Unloading and Transfer of Coal and Coke. Every person operating coke ovens shall apply all reasonable measures to prevent emissions from coal unloading, transfer, and coke transfer.

(3)Charging. There shall be no visible emissions during the charging cycle from the charging holes or the larry car of any battery with an opacity which is greater than twenty percent (20%) except for an average period or periods not to exceed three (3 minutes of any consecutive sixty (60) minutes on batteries with less than seventy (70) ovens nor more than four (4) minutes of any consecutive sixty (60) minutes on batteries with seventy (70) ovens or more.

(4)Pushing.

(a)There shall be no visible emissions during the pushing cycle, other than water mist or vapor, with an opacity which is greater than forty percent (40%) for more than one (1) push per hour per battery.

(b)This paragraph specifically exempts existing conventional slot-oven coke batteries with forty (40) ovens located in Tuscaloosa County from subparagraph (a) above and imposes the following requirements:

1.There shall be no visible emissions during the pushing cycle, other than water mist or vapor, with an opacity which is greater than forty percent (40%) for more than two (2) pushes per hour per battery.

(c)Compliance with subparagraphs (a) and (b) of this paragraph shall be determined by dividing by four (4) the total number of pushes greater than forty percent (40%) opacity, observed during a four (4) hour observation period.

(d)Should the observation period include intervals of non-activity, (e.g., when the common coke car is servicing another battery) such intervals shall be included for purposes of determining compliance, provided that the average number of pushes per hour coincides with the average number of pushes per hour required by the normal production cycle of the battery. Intervals such as meal breaks, scheduled breaks when not on a twenty-four (24) hour pushing schedule, or intervals greater than fifteen (15) minutes due to malfunction of equipment cannot be included in the observation period.

(e)For purposes of this paragraph, "normal production cycle" shall mean the average number of pushes per hour determined by taking an arithmetic average of the pushing schedules of the previous ten (10) days. (The denominator to be based on the actual number of hours the pushing machine was scheduled to operate.)

(f)Observation Procedures.

1.The inspector shall evaluate the criteria listed below and select the most appropriate point at which to observe the visible emissions during the pushing cycle.

(i)The inspector should position himself as close to the source of pushing emissions as practical.

(ii)The inspector should observe pushing emissions against the sky.

(iii)The inspector should stand with the sun behind him, if possible, and with the emissions moving in any direction except directly toward or away from the inspector.

(5)Topside Emissions.

(a)Any leak discovered on the topside of a battery shall be wet sealed or the oven shall not be recharged until the necessary repairs are made.

(b)At no time shall there be leaks in more than ten percent (10%) of the offtake piping and no more than five percent (5%) of the charging hole lids on any one battery.

(6)Coke Oven Doors.

(a)There shall be no visible emissions, except non-smoking flame, from any opening on the coke oven doors from more than fifteen percent (15%) of the coke oven doors on any battery at any time.

(b)If a self-sealing door fails to seal during the coking cycle, it shall be adjusted, repaired, or replaced prior to a subsequent charge of oven.

(c)Luted doors which fail to seal after the oven is charged shall be reluted promptly.

(d)Every person operating coke ovens shall have a facility to maintain and repair coke oven doors and shall maintain an inventory of one (1) coke oven door per twelve (12) ovens operated.

(7)Oven Maintenance.

(a)All ovens shall be maintained in good condition to promote complete coking of coal.

(b)All coke oven cracks are to be sealed as soon as practicable after they are detected.

(c)As directed by the Director, reasonable records of the maintenance of oven doors, oven burners, and oven interiors are to be made and retained for a reasonable time.

(8)Combustion Stacks. There shall be no visible emissions, other than water mist or vapor, with an opacity greater than twenty percent (20%) from any stack except for a period or periods aggregating not more than three (3) minutes in any consecutive sixty (60) minutes.

(9)Quenching.

(a)No person shall operate a coke oven plant without baffles installed and properly operating in the quench towers.

(b)Water introduced to the quenching station must be of a quality approved by the Director.

(10)Notwithstanding the specific limits set forth in this Rule, in order to maintain the lowest possible emission of air contaminants, the highest and best practicable treatment and control for particulate matter currently available shall be provided for any new coke producing facilities.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: July 26, 1972. Amended: May 28, 1974; July 11, 1978; September 18, 1985, September 21, 1989. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed August 3, 2000; effective September 7, 2000.

(1)Applicability. This Rule applies to existing primary aluminum plants which will or do operate for the purpose of or related to producing aluminum metal from aluminum oxide (alumina).

(2)Emission Limits. The emission of particulate matter to the atmosphere from the baking of carbon anodes and from the reduction process (potlines) of any primary aluminum reduction plant shall not exceed twenty-two (22) pounds per ton of aluminum produced on a daily basis.

(3)Compliance. Each primary aluminum plant shall be in compliance with the provisions of this Rule at the earliest possible date, but not later than May 31, 1975. Nothing in this Rule shall negate the requirement for obtaining permits or submitting compliance schedules as required by these rules and regulations.

Author: Sue R. Robertson

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 30, 1973. Amended: November 27, 1973.

(1)Applicability. This Rule applies to:

(a)Existing cement plants that have a process weight that is greater than 88.7 tons per hour.

(b)All existing cement plants in the primary nonattainment area for suspended particulates in Mobile County (Appendix D).

(c)New cement plants.

(2)This Rule specifically exempts new cement plants from Rule 335-3-4-.04(5).

(3)Emission Limits.

(a)No owner or operator shall cause, permit, or allow the emission of particulate matter from the kiln which is in excess of 0.30 pounds per ton of feed to the kiln, maximum two (2) hour average.

(b)No owner or operator shall cause, permit, or allow the emission of particulate matter from the clinker cooler which is in excess of 0.10 pounds per ton of feed to the kiln, maximum two (2) hour average.

(4)Compliance. Those cement plants located in the primary nonattainment area for suspended particulates in Mobile County (Appendix D) shall be in compliance with these provisions by January 1, 1982 and shall adhere to the increments of progress contained in the following schedule:

(a)Final plans for the emission control system must be submitted before December 31, 1979.

(b)Contracts for the emission control system must be awarded or orders must be issued for purchase of component parts to accomplish emission control before July 1, 1980.

(c)Initiation of on-site construction or installation of the emission control equipment must begin before December 31, 1980.

(d)On-site construction or installation of the emission control equipment must be complete before August 31, 1981.

(e)Final compliance shall be demonstrated before January 1, 1982.

(5)Exception. Cement plants located in the primary nonattainment area for suspended particulates in Mobile County (Appendix D) which shut down prior to December 31, 1982 will not be subject to the requirements contained in this Rule upon the posting of a surety bond in the amount of $100,000, such surety bond contingent on shutting down the facility and with no provision for extension.

Author: Jack Bryant

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: March 25, 1975. Amended: April 3, 1979. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Applicability. The provisions of this Rule shall apply to all xylene oxidation processes. Each process system shall be considered as a separate process unit.

(2)No person shall cause or permit the emissions of particulate matter in any one hour from any xylene oxidation process in excess of the amount calculated by use of the equations:

E = 2.75 P0.62E = 13.15 P0.16

(P&lt;30 tons/hr)(P&gt;30 tons/hr)

Where:E = Emissions in pounds per hour

P = Process weight per hour in tons per hour

(3)Where a thermal oxidizer is used for the reduction of process waste from a xylene oxidation process and no other waste streams are added, this thermal oxidizer shall be considered a part of the process system.

Author: Richard E. Grusnick

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: September 12, 1978. Amended:

(1)Applicability. This Rule applies to existing grain elevators which have a permanent storage capacity of more than 88,000 m3 located in Mobile County, provided, however, that it does not apply to grain elevators located at animal food manufacturers, pet food manufacturers, cereal manufacturers, breweries, and livestock feedlots.

(2)Emission Limit. No owner or operator subject to this Rule shall cause, suffer, or allow the discharge into the atmosphere of any fugitive emission from:

(a)Any barge or ship loading station which exhibits greater than twenty percent (20%) opacity. Said emission limit shall be achieved by:

1.A telescoping loading spout which is kept extended to the grain surface and ventilation applied at the end of the spout to a fabric filter.

2.A system demonstrated to have control efficiency equivalent to or greater than provided under subparagraph (a)1. of this paragraph and approved by the Director.

(b)Any barge or ship unloading station unless operated as follows:

1.The unloading leg shall be enclosed from the top (including the receiving hopper) and ventilation to a control device shall be maintained on both sides of the leg and the grain receiving hopper.

2.The total rate of air ventilation shall be at least 32.1 actual cubic meters per cubic meter of grain handling capacity.

3.The owner or operator may use other methods of emission control demonstrated to have control efficiency equivalent to or greater than provided under subparagraphs (b)l. and 2. above and approved by the Director.

(3)Compliance. Affected facilities shall be in compliance with the provisions of this Rule at the earliest possible date, but no later than December 31, 1982 and shall adhere to the increments of progress contained in the following schedule:

(a)Final plans for the emission control system must be submitted before January 1, 1981.

(b)Contracts for the emission control systems must be awarded or orders must be issued for purchase of component parts to accomplish emission control before June 30, 1981.

(c)Initiation of on-site construction or installation of the emission control equipment must begin before August 31, 1981.

(d)On-site construction or installation of the emission control equipment must be completed before September 30, 1982.

(e)Final compliance shall be demonstrated before December 31, 1982.

Author: Marilyn G. Elliott

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: April 3, 1979. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)All blast (cupola) or reverberatory furnaces at a secondary lead smelter must be equipped with a capture system for fugitive emissions from the tapping and charging operations with the exception of a reverberatory furnace lead tap. Such capture systems, including hoods, ducts, and fans, shall be designed, operated and maintained to achieve maximum reasonable capture and shall be vented to a control device with at least 99.5 percent collection efficiency.

(2)All alloying kettles or pots at a secondary lead smelter must be equipped with a vented cover that will be in place at all times the kettle contains molten lead except when access is necessary for casting or refining operations. The capture system, including covers, ducts, and fans, shall be designed, operated and maintained to achieve maximum reasonable capture and shall be vented to a control system with at least 90 percent collection efficiency.

(3)No owner or operator of a secondary lead smelter shall discharge or cause the discharge into the atmosphere from a blast (cupola) or reverberatory furnace primary exhaust stack any gases which contain particulate matter in excess of 50.0 mg/dscm (0.022 gr/dscf).

(4)Owners and operators of a secondary lead plant shall minimize fugitive dust at the plant by good housekeeping practices that will include: frequent sweeping of the plant and grounds; shielding the handling of flue dust from the wind; and enclosing, sheltering or otherwise treating all flue dust storage piles to prevent wind erosion.

(5)Compliance. Affected facilities shall be in compliance with the provisions of paragraphs (1) through (4) of this Rule at the earliest possible date, but no later than October 31, 1982.

(6)This paragraph applies to existing secondary lead smelters located in Pike County.

(a)Visible emissions escaping the capture system for the charging door shall not exceed 10% opacity when charging the blast furnace as determined by 40 CFR 60, Appendix A, Method 9 excluding Section 2.5. Visible emissions escaping the capture system for the closed charging door on the blast furnace shall not exceed 5% opacity during furnace operation as determined by 40 CFR 60, Appendix A, Method 9 excluding Section 2.5.

(b)Visible emissions escaping the capture system for the slag tap and lead tap on blast furnaces shall not exceed 1% opacity as determined by 40 CFR 60, Appendix A, Method 9.

(c)All lead bearing material (excluding the material from the battery breaking operation, material stored in closed containers, and other material which has been excluded in writing, by the Director) will be unloaded and stored in enclosed buildings. These buildings shall have no openings directly to the atmosphere except doors which may be opened only during egress or ingress or while material is being added or removed from the buildings. The buildings will be constructed such that stored material is transported to the smelter building without leaving an enclosed area.

(d)All paved areas external to buildings on which raw materials are handled will be clearly marked and kept wet by watering devices so that no visible emissions are observed emanating from the paved areas. All vehicles leaving the areas so designated by this Rule shall have their wheels and undercarriages washed immediately prior to leaving the area. Records must be kept of all vehicles leaving the area. Said records shall be maintained for a minimum of two years following date of recorded information.

(e)Paved areas not designated as necessitating wetting by subparagraph (d) of this paragraph above shall be vacuum swept twice daily except under specific conditions as approved by the Director. Records must be kept documenting when sweeping is done and any reason for not sweeping (such as equipment breakdown, inclement weather conditions). Said records shall be maintained for a minimum of two years following date of recorded information.

(f)Unpaved areas will be planted with grass or other ground cover or treated with lignosulfonate or equivalent surfactant on a schedule approved in writing by the Director. An evergreen vegetation boundary approved by the Director shall be planted and maintained on the northwest and north side of the plant.

(g)Compliance.

1.Except as provided under subparagraph (g)2. of this paragraph, affected facilities shall be in compliance with this paragraph within twelve (12) months of adoption.

2.Nothing in this Rule shall prevent the owner or operator of an affected facility from submitting to the Director a proposed alternative compliance schedule provided:

(i)the proposed alternative schedule is submitted within two (2) months of adoption; and

(ii)the proposed alternative schedule contains increments of progress; and

(iii)sufficient documentation and certification from appropriate suppliers, contractors, manufacturers, or fabricators are submitted by the owner or operator of the affected source to justify the dates proposed for the increments of progress; and

(iv)all alternative compliance schedules proposed or promulgated under this Rule shall provide for compliance of the source with this Rule as expeditiously as practicable, but no later than December 31, 1987.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: March 23, 1982. Amended: March 1, 1985. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Visible Emissions from the roof monitor or other openings in the BOF shop building, other than water mist or vapor, shall not exceed a shade or density greater than twenty percent (20%) opacity as determined on a three (3) minute rolling average. Compliance shall be determined by using the procedures specified at 40 C.F.R., Part 60, Appendix A, Method 9, excluding Section 2.5.

(2)All paved roads shall be vacuum swept or flushed of surface material every third consecutive day. The vacuum sweeper shall have a minimum blower capacity of 12,000 cfm and the flushing machine shall dispense water at the rate of 0.32 gal/yd2.

(3)Paved parking areas shall be vacuum swept or flushed of surface material every calendar quarter. The vacuum sweeper shall have a minimum blower capacity of 12,000 cfm and the flushing machine shall dispense water at the rate of 0.32 gal/yd2.

(4)Paved road or area flushing specified in paragraphs (2) and (3) of this Rule is not required when the temperature is below 32&#176; F. Paved road or area cleaning is not required when precipitation during the previous 24-hour period has exceeded 0.01 inches.

(5)Unpaved roads, traffic areas in the slab storage area, and traffic areas in other material storage areas shall be treated with petroleum resin, asphalt emulsion, or equivalent dust suppressant on a quarterly or more frequent basis as determined by the Director.

(6)Unpaved parking lots shall be treated with petroleum resin, asphalt emulsion, or equivalent dust suppressant on a semi-annual basis.

(7)The petroleum resin or asphalt emulsion dust suppressant required in paragraphs (5) and (6) of this Rule shall be applied at a dilution ratio of 20% for the initial 3 applications and 12% for subsequent applications. The suppressant shall be applied at the rate of 0.75 gal/yd2 of diluted solution for the initial 3 applications. Subsequent applications shall be applied at 0.25 gal/yd2 of diluted solution. Other dust suppressants must be applied at an equivalent dilution ratio and application rate as determined by the Director.

(8)The source shall maintain at its plant premises, and make available for inspection, records documenting each occasion on which paved areas are cleaned in accordance with paragraphs (2) and (3) of this Rule, and any occasion on which such paved areas are not cleaned according to the required schedule, including any justification for failure to meet the required schedule, such as equipment breakdown or inclement weather conditions. The company shall also maintain and make available for inspection records documenting the frequency and amount of applications required by paragraphs (5) and (6) of this Rule. Said records shall be maintained for a minimum of two years following the date of recorded information.

(9)The source shall, within 30 days of approval of this Rule, notify the Department of a designated reclaim area on plant property and a designated paved road at its premises to be used to transport molten slag from the basic oxygen furnace shop to the reclaim area. These designations shall not be changed without the written approval of the Director.

Author: Sue R. Robertson

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: March 23, 1982. Amended: September 18, 1985. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)(a)Sulfur Dioxide Category I Counties. No person

shall cause or permit the operation of a fuel burning installation in a Sulfur Dioxide Category I County or in Jefferson County in such a manner that sulfur oxides,

measured as sulfur dioxide, are emitted in excess of 1.8 pounds per million BTU heat input.

(b)Sulfur Dioxide Category II Counties. No person shall cause or permit the operation of a fuel burning installation in a Sulfur Dioxide Category II County in such a manner that sulfur oxides, measured as sulfur dioxide, are emitted in excess of 4.0 pounds per million BTU heat input.

(c)Sulfur Dioxide - Jackson County. No person shall cause or permit the operation of an electric utility steam generating installation having a total rated capacity greater than 5,000 million BTU per hour in Jackson County in such a manner that sulfur oxides, measured as sulfur dioxide, are emitted in excess of 1.2 pounds per million BTU heat input.

(d)Sulfur Dioxide - Colbert County. No person shall cause or permit the operation of electric utility steam generating units with rated capacities greater than 1,000 million BTU per hour which commenced operation prior to 1960 in Colbert County in such a manner that sulfur oxides, measured as sulfur dioxide, are emitted in excess of 2.2 pounds per million BTU heat input.

1.Compliance with this paragraph shall be achieved no later than the dates in the following schedule:

(i)Specifications for emission control equipment shall be completed by October 1, 1987.

(ii)Initiation of on-site construction shall begin by April 1, 1988.

(iii)Contracts for emission control equipment shall be awarded by May 1, 1988.

(iv)Contracts for compliance coal shall be awarded by February 1, 1990.

(v)The first electric utility steam generating unit shall be in compliance with this paragraph by May 1, 1990.

(vi)The second electric utility steam generating unit shall be in compliance with this paragraph by August 1, 1990.

(vii)The third electric utility steam generating unit shall be in compliance with this paragraph by November 1, 1990.

(viii)The fourth electric utility steam generating unit shall be in compliance with this paragraph by January 1, 1991.

(e)Sulfur Dioxide - Shelby County. No person shall cause or permit the operation of an electric utility steam generating installation having a total rated capacity greater than 5,000 million BTU per hour in Shelby County in such a manner that sulfur oxides, measured as sulfur dioxide, are emitted in excess of 3.8 pounds per million BTU heat input.

(2)Air Quality Demonstration. In addition to the requirements of paragraph (1) of this Rule, every owner or operator of a fuel burning installation having a total rated capacity greater than 1500 million BTU per hour shall:

(a)Demonstrate, to the satisfaction of the Director, that the sulfur oxides emitted, either alone or in contribution to other sources, will not interfere with attainment and maintenance of any primary or secondary ambient air quality standard prescribed at Rule 335-3-1-.03.

(b)Demonstrate, to the satisfaction of the Director, that in meeting the emission limitations of paragraph (1) of this Rule, the installation will not increase emissions to the extent that resulting air quality concentrations will be greater than:

1.those concentrations (either measured or calculated) which existed in 1970; or

2.those concentrations (either measured or calculated) which existed during the first year of operation of any installation which began operating after January 1, 1970.

(c)Upon the direction of the Director, install and maintain air quality sensors to monitor attainment and maintenance of ambient air quality standards in the areas influenced by the emissions from such installation. Results of such monitoring shall be provided to the Director in a manner and form as he shall direct.

(3)For purposes of this Rule, the total heat input from all similar fuel combustion units at a plant, premises, or installation shall be used for determining the maximum allowable emission of sulfur dioxide that passes through a stack or stacks. Units constructed and operated to conform with the New Source Performance Standards shall not be considered similar to other units at a plant, premises, or installation.

(4)All calculations performed pursuant to demonstrations required by paragraph (2) of this Rule shall assume that the fuel burning installation is operating at or above the maximum capacity which such installation is capable of being operated.

(5)No person shall cause or permit the emission or combustion of any refinery process gas stream that contains H2S in concentrations greater than 150 ppm without removal of the hydrogen sulfide in excess of this concentration.

(6)To ensure that ambient air quality standards are met, an annual review of Sulfur Dioxide Category I and II Counties will be made by the Air Division staff. Initial Sulfur Dioxide Category classifications and any subsequent changes to Sulfur Dioxide Category classifications will be the subject of a public hearing.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended: May 29, 1973; March 25, 1975; August 28, 1979; August 10, 1987. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Applicability.

(a)For existing sulfuric acid plants operating as of January 18, 1972, the following applies:

1.No person shall cause or permit sulfur dioxide tail gas emissions from sulfuric acid manufacturing plants to exceed 27 pounds per ton of 100 percent sulfuric acid produced; provided, however, that no sulfuric acid manufacturing plant emitting less than 27 pounds per ton of 100 percent sulfuric acid produced shall be allowed to increase its emission rate.

2.No person shall cause or permit tail gas acid mist emissions to exceed 0.5 pounds per ton of sulfuric acid produced, and the sulfur trioxide emissions are not to exceed 0.2 pounds per ton of sulfuric acid produced.

(b)For all sulfuric acid plants not included in subparagraph (a) above, the following applies:

1.No person shall cause or permit the discharge into the atmosphere of sulfur dioxide in excess of 4 pounds per ton of sulfuric acid produced, maximum two-hour average.

2.No person shall cause or permit the discharge into the atmosphere of acid mist which is in excess of 0.15 pounds per ton of acid produced, maximum two-hour average, expressed as H2SO4.

(2)There shall be installed, calibrated, maintained, and operated in any sulfuric acid production unit subject to the provisions of this Rule, an instrument for continuously monitoring and recording emissions of sulfur dioxide.

(3)Any instrument and sampling system installed and used pursuant to this Rule shall be subject to the approval of the Director.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended: May 29, 1973; April 22, 1975. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Applicability. This regulation applies to facilities that handle natural gas or refinery gas that contains more than 0.10 grain of hydrogen sulfide per standard cubic foot (SCF).

(2)No person shall cause or permit the emission of a process gas stream containing more than 0.10 grain of hydrogen sulfide per SCF into the atmosphere unless it is properly burned to maintain the ground level concentrations of hydrogen sulfide to less than twenty (20) parts per billion beyond plant property limits, averaged over a thirty (30) minute period.

(3)No person shall cause or permit the sulfur oxide emission from any facility designed to dispose of or process natural gas or refinery gas containing more than 0.10 grain of hydrogen sulfide per standard cubic foot to exceed the following:

CATEGORY I COUNTIES

Available SulfurPermitted Emissions of

(Long Tons/Day)Sulfur Dioxide

Up to 5No Limit

5 to 35373 lbs/hour

35 to 750.10 lbs. SO2/lb. S processed

Over 750.08 lbs. SO2/lb. S processed

CATEGORY II COUNTIES

Available SulfurPermitted Emissions

(Long Tons/Day)of Sulfur Dioxide

Up to 10No Limit

10 to 50560 lbs/hour

50 to 1000.10 lbs. SO2/lb. S processed

Over 1000.08 lbs. SO2/lb. S processed

(a)The allowable emissions of sulfur dioxide are increased as follows to allow for dry acid gas streams containing less than 60 percent hydrogen sulfide:

Mole Percent of HydrogenAdditional SO2

Sulfide In Dry Acid GasEmissions Allowed

50% but less than 60%0.02 lbs. SO2/lb. S processed

40% but less than 50%0.04 lbs. SO2/lb. S processed

30% but less than 40%0.06 lbs. SO2/lb. S processed

20% but less than 30%0.10 lbs. SO2/lb. S processed

Less than 20%Must utilize the best available control technology, with consideration to the technical practicability and economic reasonableness of reducing or eliminating the emissions from the facility.

(4)Applicability. In addition to the requirements of paragraph (3) of this Rule, the provisions of this paragraph apply to all natural gas processing facilities in Escambia County with capacities greater than 50 million standard cubic feet of sour gas per day.

(a)No person shall cause or permit the emissions of total sulfur compounds, measured as sulfur dioxide, from any affected facility to exceed the following:

Available Sulfur Permitted Emissions

(Long Tons/Day)Of Total Sulfur Compounds

Up to 5750.140 pounds of total sulphur compounds per pound of available sulfur

575 to 1031Pounds of total sulfur compounds per pound of available sulfur =

0.186 - 8.57 x 10-7S

Where

S = lb/hr of available sulfur

Over 103110,008 lb/hr

(b)Compliance with subparagraph (a) of this paragraph shall be determined continuously by monitors which measure the total sulfur compounds, measured as sulfur dioxide, emitted by the facility and total available sulfur to the facility or by other equivalent methods approved by the Director.

(5)For purposes of this Rule, the following counties are classified as Category I Counties: Jackson, Jefferson, and Mobile. The remaining counties in the state are classified as Category II Counties.

(6)Compliance with this Rule shall be determined by both material balances and stack sampling. New plants are required either to install monitors to continuously determine the sulfur oxide emissions in terms of mass per unit of time or to determine the sulfur oxide emissions by other means approved by the Director.

(7)In calculating the ground level concentration that results from short-term waste gas or emergency flaring, it shall be assumed that only seventy-five percent (75%) of the heat of combustion is used to heat the products of combustion.

(8)Air Quality Demonstration. In addition to the requirements of paragraph (3) of this Rule, every owner or operator of a facility covered by Rule 335-3-5-.03 shall demonstrate, to the satisfaction of the Director, that the sulfur oxides emitted, either along or in conjunction with other sources, will not interfere with attainment and maintenance of any primary or secondary ambient air quality standard.

(9)To ensure that ambient air quality standards are met, an annual review of Sulfur Dioxide Category I and II Counties will be made by the staff. Initial Sulfur Dioxide Category Classifications and any subsequent changes to Sulfur Dioxide Category Classifications will be the subject of a public hearing.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended: May 29, 1973; May 25, 1976; August 10, 1987. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed August 3, 2000; effective September 7, 2000.

(1)For the purposes of this Rule, the following definitions apply:

(a)"Old Design Recovery Furnaces" shall mean recovery furnaces designed to burn black liquor after direct contact evaporation, as well as units built prior to 1970, converted to an indirect contact unit prior to 1990 and whose exhaust gases pass through a wet bottom electrostatic precipitator.

(b)"New Design Recovery Furnaces" shall mean recovery furnaces designed to burn black liquor after indirect contact evaporation.

(2)Applicability. This Rule applies to manufacturing facilities for the pulping of wood and the preparation and recovery of associated chemicals by the kraft process, including combined recovery systems serving other processes such as neutral sulfite pulping.

(3)Except as provided in paragraphs (11) and (13), no owner/operator shall cause or permit an old design recovery furnace to emit more than 20 parts per million total reduced sulfur corrected to eight percent oxygen on a daily basis 12 hour average for the two consecutive periods of each operating day measured by the continuous emission monitor.

(4)Except as provided in paragraphs (11) and (13), no owner/operator shall cause or permit a new design recovery furnace to emit more than 5 parts per million total reduced sulfur corrected to eight percent oxygen on a daily basis 12 hour average for the two consecutive periods of each operating day measured by the continuous emission monitor.

(5)Except as provided in paragraphs (11) and (13), no owner/operator shall cause or permit a digester system or an evaporator system to emit more than 5 parts per million total reduced sulfur corrected to ten percent oxygen on a daily basis 12 hour average for the two consecutive periods of each operating day measured by the continuous emission monitor, unless the gases are incinerated in a unit at a minimum temperature of 1200º F for at least 0.5 seconds.

(6)Except as provided in paragraphs (11) and (13), no owner/operator shall cause or permit any lime kiln to emit more than 20 parts per million total reduced sulfur corrected to ten percent oxygen on a daily basis 12 hour average for the two consecutive periods of each operating day measured by the continuous emission monitor.

(7)Except as provided in paragraphs (11) and (13), no owner/operator shall cause or permit a smelt tank to emit more than 0.033 pounds of total reduced sulfur per ton of black liquor solids fired in the recovery furnace measured in accordance with the 40 CFR (7-1-90 Edition) Part 60, Appendix A, Method 16, 16A, or 16B as approved by the Director.

(8)Except as provided in paragraph (11), within eighteen months of this regulation's promulgation, for each affected recovery furnace, lime kiln, digester system and evaporator system the owner/operator shall have a continuous total reduced sulfur emission monitoring system installed, calibrated, maintained and operated in accordance with 40 CFR &#167;60.284, except that monitor spans will be approved by the Director. Notwithstanding the foregoing provisions of this paragraph, when emissions from two or more sources are combined before release to the atmosphere, the owner/operator may install a single continuous emission monitoring system to measure the combined emissions. Digester and evaporator system emissions that are incinerated in units other than recovery furnaces or lime kilns at a minimum temperature of 1200º F for at least 0.5 seconds shall not require a continuous emission monitoring system for the measurement of total reduced sulfur.

(9)For each monitored unit, a quarterly report shall be submitted to the Department of all valid twelve hour averages determined as the arithmetic mean of the appropriate and valid 12 contiguous 1 hour average total reduced sulfur concentrations greater than the respective limits.

(10)For the purpose of quarterly reports required in paragraph (9), the following are applicable:

(a)All data averages must be calculated using valid data.

(b)Valid data is defined as each hourly and twelve hour average where the monitor provides calibrated emission data for a minimum of seventy-five percent of the unit operating time (i.e., the time a recovery furnace is firing liquor or a lime kiln is feeding lime mud).

(c)A continuous emission monitoring system installed per paragraph (8) is not calibrated (Monitor inoperable) when:

1.The continuous emission monitoring system breaks down, undergoes repairs, undergoes zero and span adjustments, or undergoes more than the required zero and span calibration drift check.

2.The fifth consecutive daily calibration drift check occurs that indicates either the zero or span calibration drift exceeded ten percent of span for total reduced sulfur or one percent for oxygen.

3.Or at the end of the daily calibration drift check preceding any daily calibration drift check that indicates the zero or span calibration drift exceeded twenty percent of span for total reduced sulfur or two percent for oxygen.

(d)Any continuous emission monitoring system found to be uncelebrated (Monitor inoperable) per subparagraph (c) of this paragraph is again calibrated when the calibration drift check after corrective action indicates both the zero and span calibration drift did not exceed ten percent of span for total reduced sulfur and one percent for oxygen.

(e)Twelve-hour periods which cannot be calculated using a minimum of seventy-five (75) percent valid data (e.g. data collected during either monitor inoperability or unit operating less than 75% of the twelve-hour period) shall be reported with an explanation of the cause of the valid data being unavailable.

(f)Data generated by required continuous emission monitoring systems which are shown to the satisfaction of the Director to be inaccurate due to unavoidable monitoring system problems shall not be considered valid.

(11)Within six months of this regulation's promulgation, the owner/operator of each affected unit shall notify the Department in writing of the compliance status of each affected unit. This notification shall state which of the following categories each unit falls into:

(a)The unit is in compliance, or;

(b)The unit is not capable of achieving compliance within six months of this regulation's promulgation. The owner/operator shall submit by that date a description of the techniques to be used to achieve compliance and a schedule (including increments of progress) that provide a final compliance date. The Director shall approve plans that he determines to be expeditious. In no case shall a plan to meet these limits specify a time period to exceed five years from this regulation's promulgation. The total reduced sulfur continuous emission monitoring system as described in paragraph (8) shall be installed and operational on the date measures designed to effect compliance are complete, or;

(c)The unit is scheduled to be permanently shut down. The owner/operator shall submit by that date a plan to shut the unit down. The Director shall approve plans that he determines to be expeditious. In no case shall a shutdown schedule exceed five years from this regulation's promulgation. A total reduced sulfur continuous emission monitoring system is not required; or

(d)The unit's compliance status is uncertain, and a determination of that status cannot be made until the monitoring system required in paragraph (8) is in operation. Within twenty-seven months of this regulation's promulgation, the owner/operator shall either confirm that the unit is in compliance or submit a description of the techniques to be used to achieve compliance and a schedule (including increments of progress) that provide a final compliance date. The Director shall approve plans that he determines to be expeditious. In no case shall a plan to meet these limits specify a time period to exceed five years from this regulation's promulgation.

(12)Each applicable emission unit shall remain subject to the following regulations until compliance with Paragraphs 1 through 11 is achieved:

(a)No person shall cause or permit the emissions of total reduced sulfur (TRS) from recovery furnaces, lime kilns, digesters, and multiple effect evaporators to exceed 1.2 pounds (expressed as hydrogen sulfide on a dry gas basis) per ton of air-dried pulp from kraft pulp mills.

(b)The pulp production rates for draft pulp mills referred to in this Rule shall be calculated as provided in Rule 335-3-4-.07(3).

(c)Notwithstanding the specific limits set forth in this Rule, in order to maintain the lowest possible emission of air contaminants, the highest and best practicable treatment and control for TRS currently available shall be provided for new kraft pulp mills.

(13)If an owner or operator demonstrates to the satisfaction of the Director that emissions in excess of the levels otherwise authorized in this regulation occur as a result of properly performed startups, shutdowns or unavoidable malfunctions these emissions will not constitute a violation.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date, July 26, 1972, May 29, 1973, October 30, 1992. Amended: Filed September 25, 1992, Effective November 10, 1992. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Applicability. This Rule applies to facilities not regulated by Rules 335-3-5-.01 through 335-3-5-.04.

(2)No person shall construct and operate a new or modified sulfur compound emission source that does not meet any and all applicable New Source Performance Standards and utilizes the best available control technology, with consideration to the technical practicability and economic reasonableness of reducing or eliminating the emissions from the facility.

(3)No person shall construct and operate a new or modified emission source that will cause or contribute to a condition such that either the primary or the secondary sulfur dioxide ambient air quality standards are exceeded in the area.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: May 25, 1976. Amended: August 10, 1976.

(1)The provisions of this Chapter shall apply to all sources of volatile organic compounds (VOC) in accordance with schedules contained in Rule 335-3-6-.15 except:

(a)sources in Jefferson County are not subject to the provisions of Rules 335-3-6-.02 through 335-3-6-.23 and only VOC sources in Jefferson County are subject to the provisions of Rules 335-3-6-.24 through 335-3-6-.52 of this Chapter;

(b)sources with a potential VOC emission rate of less than 100 tons/year;

(c)sources used exclusively for chemical or physical analysis or determination of product quality and commercial acceptance provided:

1.the operation of the sources is not an integral part of the production process; and

2.the emissions from sources do not exceed 363 kilograms (800 pounds) in any calendar month.

(2)Rules 335-3-6-.02 and 335-3-6-.03 shall not apply to sources which are located in any county with the exception of Mobile and which were built prior to January 30, 1973.

(3)In addition, the provisions of Rule 335-3-6-.03 shall apply to sources which are located in Mobile County regardless of construction date and to sources located in all other counties which were constructed or otherwise came into being after January 30, 1973 regardless of the EXCEPTION provided in paragraph (1) of this Rule.

(4)The provisions of Rule 335-3-6-.11(6) shall not apply to any sources except those sources in the State which manufacture audio or video recording tape.

(5)The provisions of Rules 335-3-6-.17 through 335-3-6-.23, and Rules 335-3-6-.11(2), 335-3-6-.11(10), and 335-3-6-.11(11) shall not apply to any source except those located in Etowah, Mobile, and Russell Counties.

(6)The provisions of Rules 335-3-6-.05 through 335-3-6-.07 and Rule 335-3-6-.20 shall apply to all sources regardless of the EXCEPTION provided in subaragraph (1)(b) of this Rule.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended: Effective Date: July 26, 1972, November 26, 1979, September 18, 1985; June 9, 1987; November 1, 1990. Amended Filed October 17, 1996; effective November 21, 1996.

(1)Rule 335-3-6-.02 shall apply to VOCs with a true vapor pressure greater than or equal to 1.5 psia under storage conditions.

(2)No person shall use any compartment of any single or multiple compartment VOC water separator which receives effluent water containing 1,000 gallons a day or more of any VOC from processing, refining, treating, storing, or handling VOCs, unless such compartment is equipped with one of the following vapor loss control devices, properly installed, in good working order, and in operation:

(a)a container having all openings sealed and totally enclosing the liquid contents. All gauging and sampling devices shall be gastight, except when gauging or sampling is performed.

(b)a container equipped with a floating roof consisting of a pontoon type, double-deck type roof or internal floating cover which shall rest on the surface of the contents and be equipped with a closure seal or seals to close the space between the roof edge and containing walls. All gauging or sampling devices shall be gastight, except when gauging or sampling is performed.

(c)a container equipped with a vapor recovery system consisting of a vapor gathering system capable of collecting the VOC vapors and gases dispersed and a vapor disposal system capable of processing such VOC vapors and gases so as to prevent their emission into the atmosphere. All container gauging and sampling devices shall be gastight, except when gauging or sampling is performed.

(d)a container having other equipment of equal efficiency for purposes of air pollution control as may be approved by the Director.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended: Effective Date: July 26, 1972, November 26, 1979, September 21, 1989.

(1)Rule 335-3-6-.03 shall apply to VOCs with a true vapor pressure greater than or equal to 1.5 psia under storage conditions.

(2)No person shall place, store, or hold in any stationary storage vessel of more than 1,000-gallon capacity any VOC unless such vessel is a pressure tank or is equipped with one of the following vapor loss control devices:

(a)a permanent submerged fill pipe (storage vessels in existence prior to January 30, 1973 may employ portable submerged fill pipe).

(b)a floating roof, consisting of a pontoon type, double-deck type roof or internal floating cover, which shall rest on the surface of the liquid contents and be equipped with a closure seal or seals to close the space between the roof edge and tank wall. This control equipment shall not be permitted if the VOCs have a vapor pressure of 11.0 pounds per square inch absolute (568 mmHg) or greater under actual storage conditions. All tank gauging or sampling devices shall be airtight except when tank gauging or sampling is performed.

(c)a vapor recovery system consisting of a vapor gathering system capable of collecting the VOC vapors and gases discharged, and a vapor disposal system capable of processing such VOC vapors and gases so as to prevent their emission to the atmosphere and with all tank gauging and sampling devices gastight except when gauging or sampling is performed.

(d)other equipment or means of equal efficiency for purposes of air pollution control as may be approved by the Director.

(3)No person shall load any VOCs into any tank truck or trailer having a capacity in excess of two hundred (200) gallons from any terminal or bulk storage facility unless such terminal or facility is equipped with a vapor collection and disposal system or its equivalent, properly installed, in good working order, or has in operation a loading system which will result in a ninety-five percent (95%) submerged fill either with a submerged fill pipe or by loading from the bottom. Where the vapor collection and disposal system is utilized, the loading arm shall be equipped with a vapor collection adaptor, pneumatic, hydraulic, or other mechanical means which will provide a vapor-tight seal between the adaptor and the hatch. A means shall be provided to prevent liquid organic compound drainage from the loading device when it is removed from the hatch of any tank, truck, or trailer. When loading is effected through means other than the hatches, all loading lines shall be equipped with fittings which make vapor-tight connections and which will close automatically when disconnected.

(4)This Rule shall not apply to crude petroleum produced, separated, treated, or stored in the field.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended: Effective Date: November 27, 1979, September 21, 1989.

(1)For the purpose of Rule 335-3-6-.04, the following definitions apply:

(a)"Condensate" shall mean hydrocarbon liquid separated from natural gas which condenses due to changes in the temperature and/or pressure and remains liquid at standard conditions.

(b)"Crude Oil" shall mean a naturally occurring mixture which consists of hydrocarbons and sulfur,nitrogen and/or oxygen derivatives of hydrocarbons and which is a liquid in the reservoir at standard conditions.

(c)"Custody Transfer" shall mean the transfer of produced crude oil and/or condensate, after processing and/or treating in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other form of transportation.

(d)"External Floating Roof" shall mean a storage vessel cover in an open top tank consisting of a double deck or pontoon single deck which rests upon and is supported by the petroleum liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell.

(e)"Internal Floating Roof" shall mean a cover or roof in a fixed roof tank which rests upon or is floated upon the petroleum liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell.

(f)"Petroleum Liquids" shall mean crude oil, condensate, and any finished or intermediate products manufactured or extracted in a petroleum refinery.

(g)"Petroleum Refinery" shall mean any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation, cracking, extraction, or reforming of unfinished petroleum derivatives.

(2)This Rule shall apply to all fixed roof storage vessels with capacities greater than 150,000 liters (40,000 gallons) containing petroleum liquids whose true vapor pressure (TVP) is greater than 10.5 kilo Pascals (1.52 psia). Vessels containing petroleum liquids whose TVP is equal to or less than 10.5 kilo Pascals are exempt, provided that records are maintained of the average monthly storage temperature and TVP of the petroleum liquid stored if the product has a stored TVP greater than 7.0 kilo Pascals.

(3)Rule 335-3-6-.04 shall not apply to the following petroleum liquid storage vessels:

(a)equipped with external floating roofs before July 1, 1979; or

(b)having capacities less than 1,600,000 liters (423,000 gallons) used to store produced crude oil and condensate prior to lease custody transfer.

(4)Except as provided under paragraph (3) of this Rule, no owner or operator of an affected source under paragraph (2) of this Rule shall permit the use of such source unless:

(a)the source has been retrofitted with an internal floating roof equipped with a closure seal or seals to close the space between the roof edge and tank wall; or

(b)the source has been retrofitted with equally effective alternative control, approved by the Director; and

(c)the source is maintained such that there are no visible holes, tears, or other openings in the seal or any seal fabric or materials; and

(d)all openings, except stub drains, are equipped with covers, lids, or seals such that;

1.the cover, lid, or seal is in the closed position at all times except when in actual use; and

2.automatic bleeder vents are closed at all times except when the roof is floated off or landed on the roof leg support; and

3.rim vents, if provided, are set to open when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting; and

(e)routine inspections are conducted through roof hatches once every six months; and

(f)a complete inspection of cover and seals is conducted whenever the tank is emptied for nonoperational reasons.

Author: Wm. Gerald Hardy

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: November 26, 1979. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)For the purpose of this Rule, the following definitions apply:

(a)"Bottom Filling" shall mean the filling of a tank truck or stationary storage tank through an opening that is flush with the tank bottoms.

(b)"Bulk Gasoline Plant" shall mean a gasoline storage and distribution facility with an average daily throughput equal to or less than 76,000 liters (20,000 gallons) in any calendar month which receives gasoline from bulk terminals by trailer transport, stores it in tanks, and subsequently dispenses it via account trucks to local farms, businesses, and gasoline dispensing facilities.

(c)"Splash Filling" shall mean the filling of a tank truck or stationary tank through a pipe or hose whose discharge opening is above the surface level of the liquid in the tank being filled.

(d)"Vapor Balance System" shall mean a combination of pipes or hoses which create a closed system between the vapor spaces of an unloading and a receiving tank such that vapors displaced from the receiving tank are transferred to the tank being unloaded.

(2)This Rule shall apply to the unloading and storage operations of all bulk gasoline plants and all tank trucks or trailers delivering gasoline at bulk gasoline plants, except stationary storage tanks of less than 3,785 liters (1,000 gallons) capacity.

(3)Except as provided under paragraph (2) of this Rule, no owner or operator of a bulk gasoline plant may permit the unloading of gasoline into stationary storage tanks unless each tank is equipped with a vapor balance system as described under paragraph (6) of this Rule and approved by the Director; and

(a)each tank is equipped with a submerged fill pipe, approved by the Director; or

(b)each tank is equipped with a fill line whose discharge opening is not over 18 inches from the bottom of the tank.

(4)Except as provided under paragraph (2) of this Rule, after October 1, 1992, no owner or operator of a bulk gasoline plant, tank truck, or trailer may permit the unloading of tank trucks or trailers at a bulk gasoline plant unless each tank truck or trailer is equipped with a vapor balance system as described under paragraph (6) of this Rule and complies with Rule 335-3-6-.20(3).

(5)No owner or operator of a bulk gasoline plant, tank truck, or trailer shall permit the transfer of gasoline between tank truck or trailer and stationary storage tank unless:

(a)the transfer is conducted in accordance with paragraphs (3) (4) of this Rule; and

(b)the vapor balance system is in good working order and is connected and operating; and

(c)gasoline tank truck or trailer hatches are covered at all times during unloading operations; and

(d)there are no leaks in the tank trucks' and trailers' pressure/vacuum relief valves and hatch covers, or the truck tanks or storage tanks, or associated vapor and liquid lines during unloading; and

(e)the pressure relief valves on above-ground storage vessels and tank trucks or trailers are set to release at no less than 4.8 kPa (0.7 psia) or the highest possible pressure (in accordance with state or local fire codes or the National Fire Prevention Association guidelines); and

(f)the gasoline tank truck or trailer has a valid Department Air Sticker as required by Rule 335-3-6-.20(4) attached and visibly displayed.

(6)Vapor balance system required under paragraphs (3) and (4) of this Rule shall consist of the following major components:

(a)a vapor space connection on the stationary storage tank equipped with fittings which are vapor tight and will automatically and immediately close upon disconnection so as to prevent release of organic compounds; and

(b)a connecting pipe or hose equipped with fittings which are vapor tight and will automatically and immediately close upon disconnection so as to prevent release of organic compounds; and

(c)a vapor space connection on the tank truck or trailer equipped with fittings which are vapor tight and will automatically and immediately close upon disconnection so as to prevent release of organic material.

(7)Except as provided under paragraph (2) of this Rule after October 1, 1998, no owner or operator of a bulk gasoline plant, tank truck, or trailer may permit the loading of gasoline into tank trucks or trailers that are returning with vapors from gasoline dispensing facilities affected by Rule 335-3-6-.07 unless each tank truck or trailer and the stationary storage tank is equipped with a vapor balance system as described under paragraph (6) of this Rule and complies with Rule 335-3-6-.20(3) and

(a)equipment is available at the bulk gasoline plant to provide for the submerged filling of each tank truck or trailer; or

(b)each tank truck or trailer is equipped for bottom filling.

(8)No owner or operator of a bulk gasoline plant may permit the disposal of waste gasoline in sewers, open containers or in a manner that would result in evaporation.

Author: Wm. Gerald Hardy

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: November 26, 1979. Amended: Effective Date: November 1, 1990; October 24, 1991. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)For the purpose of this Rule, the following definition applies:

"Bulk Gasoline Terminal" shall mean a gasoline storage facility which receives gasoline from its supply source primarily by pipelines, ships, barges and delivers gasoline to bulk gasoline plant or to commercial or retail accounts primarily by tank trucks and has an average daily throughput of more than 76,000 liters (20,000 gallons) of gasoline in any calendar month.

(2)This Rule will apply to bulk gasoline terminals and the appurtenant equipment necessary to load the tank truck or trailer compartments.

(3)No person may load gasoline into any tank truck or trailer from any bulk gasoline terminal unless;

(a)the bulk gasoline terminal is equipped with a vapor recovery system capable of complying with paragraph (4) of this Rule, properly installed, in good working order, in operation, and consisting of one of the following:

1.an absorber or condensation system which processes and recovers at least ninety percent (90%) by weight of all vapors and gases from the equipment being controlled; or

2.a vapor collection system which directs all vapors to a fuel gas system; or

3.a control system demonstrated to have control efficiency equivalent to or greater than subparagraph (a)1. or (a)2. of this paragraph and approved by the Director; and

(b)all displaced vapors and gases are vented only to the vapor control system; and

(c)a means is provided to prevent liquid drainage from the loading device when it is not in use or to accomplish complete drainage before the loading device is disconnected; and

(d)all loading and vapor lines are equipped with fittings which make vapor-tight connections and which close automatically when disconnected; and

(e)the gasoline tank truck or trailer has a valid Department Air Sticker as required by Rule 335-3-6-.20(4) attached and visibly displayed.

(4)Sources affected under subparagraph (3)(a) of this Rule may not allow mass emissions of VOCs from control equipment to exceed 80 milligrams per liter (4.7 grains per gallon) of gasoline loaded.

(5)Sources affected under paragraph (2) of this Rule may not:

(a)allow the pressure in the vapor collection system to exceed the tank truck or trailer pressure relief settings; nor

(b)allow the disposal of waste gasoline in sewers, open containers or in a manner that would result in evaporation.

Author: Wm. Gerald Hardy

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: November 26, 1979. Amended: Effective Date: November 1, 1990; October 24, 1991. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)For the purpose of this Rule, the following definitions apply:

(a)"Gasoline Tank Truck" shall mean tank trucks or trailers equipped with a storage tank and used for the transport of gasoline from sources of supply to stationary storage tanks of gasoline dispensing facilities.

(b)"Gasoline Dispensing Facility" shall mean any outlet where gasoline is dispensed to motor vehicle gasoline tanks from stationary storage tanks.

(c)"Vapor Balance System (Stage I)" means a vapor-tight system that transfers the vapors displaced from the stationary storage tanks to the gasoline tank truck.

(2)This Rule will apply to all gasoline dispensing facilities that commenced construction after October 1, 1990. This Rule also applies to any gasoline dispensing facility whose tank or tanks are replaced, upgraded, modified, reconstructed, altered, or removed after October 1, 1990 except;

(a)transfers made to storage tanks or gasoline dispensing facilities equipped with floating roofs or their equivalent;

(b)transfers made to stationary gasoline storage tanks of less than 11,356 liters (3,000 gallons) capacity;

(c)stationary gasoline storage containers of less than 2,082 liters (550 gallons) capacity used exclusively for the fueling of implements of husbandry, provided the containers are equipped with a submerged fill pipe.

(d)any new or modified existing facility, regardless of tank upgrade, with an actual or expected throughput of gasoline of less than 4,000 gallons per month for the months of June, July, and August during full operation, provided that all gasoline storage tanks that are not exempted under subparagraphs (a),(b), and (c) of this paragraph are equipped with a submerged fill pipe.

(3)No owner or operator may transfer, cause, or allow the transfer of gasoline from any gasoline tank truck into any stationary storage tank subject to this Rule, unless the tank is equipped with a submerged fill pipe and the vapors displaced from the storage tank during filling are processed by a vapor control system in accordance with paragraph (4) of this Rule.

(4)The vapor control system required by paragraph (3) of this Rule shall include one or more of the following:

(a)a vapor balance system (Stage I) between the stationary storage tank and the gasoline tank truck and a system that will ensure the vapor line is connected before gasoline can be transferred into the tank; or

(b)a refrigeration condensation system or equivalent designed to recover at least ninety percent (90%) by weight of the organic compounds in displaced vapor; or

(c)a system demonstrated to have control efficiency equivalent to or greater than provided under subparagraph (4)(b) above and approved by the Director.

(5)Each owner or operator of a gasoline dispensing facility subject to this Rule shall:

(a)not permit the transfer of gasoline between a gasoline tank truck and a stationary storage tank unless the gasoline tank truck complies with Rule 335-3-6-.20 and the vapor control system is connected and operating in accordance with paragraph (4) of this Rule;

(b)maintain written records of the monthly throughput quantities in gallons and types of petroleum distillates in all stationary storage tanks; and

(c)make available to representatives of the Director upon request copies of all records required under subparagraph (b) of this paragraph and retain the records for a minimum of two (2) years after the date on which the documents were made.

(6)No owner or operator of a gasoline dispensing facility subject to this Rule shall cause or allow gasoline to be spilled, discarded in sewers, stored in open containers, or handled in any other manner that would result in evaporation of the gasoline to the atmosphere.

(7)Regardless of the applicability exemption under subparagraph (2)(d) of this Rule, all gasoline dispensing facilities that are subject to this Rule shall maintain the system in proper working order in accordance with this Rule even if the facility's average monthly throughput of gasoline decreases to less than 4,000 gallons.

Author: Wm. Gerald Hardy

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: November 26, 1979. Amended: Effective Date: November 1, 1990, October 24, 1991. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)For the purpose of this Rule, the following definitions apply:

(a)"Accumulator" shall mean the reservoir of a condensing unit receiving the condensate from the condenser.

(b)"Condenser" shall mean any heat transfer device used to liquefy vapors by removing their latent heats of vaporization. Such devices include, but are not limited to, shell and tube, coil, surface, or contact condensers.

(c)"Firebox" shall mean the chamber or compartment of a boiler or furnace in which materials are burned, but does not mean the combustion chamber of an incinerator.

(d)"Hot Well" shall mean the reservoir of a condensing unit receiving the warm condensate from the condenser.

(e)"Refinery Fuel Gas" shall mean any gas which is generated by a petroleum refinery process unit and which is combusted, including any gaseous mixture of natural gas and fuel gas.

(f)"Turnaround" shall mean the procedure of shutting a refinery unit down after a run to do necessary maintenance and repair work and putting the unit back on stream.

(g)"Vacuum Producing System" shall mean any reciprocating, rotary or centrifugal blower or compressor or any jet ejector or device that takes suction from a pressure below atmosphere and discharges against atmospheric pressure.

(2)This Rule will apply to vacuum producing systems and process unit turnarounds at petroleum refining sources.

(3)The owner or operator of any vacuum producing systems at a petroleum refinery may not permit the emission of noncondensable VOCs from the condensers, hot wells, or accumulators of the system unless:

(a)the vapors are combusted in a firebox or incinerator; or

(b)the vapors are added to the refinery fuel gas.

(4)Before April 1, 1980, the owner or operator of a petroleum refinery shall develop and submit to the Director for approval a detailed procedure for minimizing VOC emissions during process unit turnaround. As a minimum, the procedure shall provide for:

(a)depressurization venting of the process unit or vessel to a vapor recovery system, flare, or firebox; and

(b)no emission of VOCs from a process unit or vessel until its internal pressure is 136 kilo Pascals (19.6 psia) or less.

(5)The owner or operator of any wastewater (oil/water) separators at a petroleum refinery shall:

1.Provide covers and seals approved by the Director on all separators and forebays; and

2.Equip all openings in covers, separators, and forebays with lids and seals such that the lids or seals are in the closed position at all times except when in actual use.

Author: Wm. Gerald Hardy

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: November 26, 1979. Amended:

All pumps and compressors handling VOCs and located in Mobile County shall have mechanical seals or other equipment of equal efficiency for purposes of air pollution as may be approved by the Director.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, and 22-22A-8.

History: Effective Date: January 18, 1972. Amended: November 26, 1979

No person shall emit into the atmosphere a waste gas stream from any ethylene producing plant which is located in Mobile County, unless the waste gas stream is properly burned at 1300&#176; F for 0.3 seconds or greater in a direct-flame afterburner equipped with an indicating pyrometer which is positioned in the working area at the operator's eye level or an equally effective catalytic vapor incinerator also with pyrometer.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended: November 26, 1979.

(1)Can Coating.

(a)For the purpose of this paragraph, the following definitions apply:

1."End Sealing Compound" shall mean a synthetic rubber compound which is coated onto can ends and which functions as a gasket when the end is assembled on the can.

2."Exterior Base Coating" shall mean a coating applied to the exterior of a can to provide exterior protection to the metal and to provide background for the lithographic or printing operation.

3."Interior Base Coating" shall mean a coating applied by roller coater or spray to the interior of a can to provide a protective lining between the can metal and product.

4."Interior Body Spray" shall mean a coating sprayed on the interior of the can to provide a protective film between the product and the can.

5."Overvarnish" shall mean a coating applied directly over ink to reduce the coefficient of friction, to provide gloss, and to protect the finish against abrasion and corrosion.

6."Three-Piece Can Side-Seam Spray" shall mean a coating sprayed on the exterior and interior of a welded, cemented, or soldered seam to protect the exposed metal.

7."Two-Piece Can Exterior End Coating" shall mean a coating applied by roller coating or spraying to the exterior of a can to provide protection to the metal.

(b)This paragraph will apply to coating applicator(s) and oven(s) of sheet, can, or end coating lines involved in sheet basecoat (exterior and interior) and overvarnish; two-piece can exterior (basecoat and overvarnish); two-piece and three-piece can interior body spray; two-piece can exterior end (spray or roll coat); three-piece can side-seam spray and end sealing compound operations.

(c)No owner or operator of a can coating line subject to this paragraph shall cause, allow, or permit the discharge into the atmosphere of any VOCs in excess of:

1.0.34 kilograms per liter of coating (2.8 pounds per gallon), excluding water, delivered to the coating applicator from sheet basecoat (exterior and interior) and overvarnish or two-piece can exterior (basecoat and overvarnish) operations.

2.0.51 kilograms per liter of coating (4.2 pounds per gallon), excluding water, delivered to the coating applicator from two-piece and three-piece can interior body spray and two-piece can exterior end (spray or roll coat) operations.

3.0.66 kilograms per liter of coating (5.5 pounds per gallon), excluding water, delivered to the coating applicator from three-piece can side seam spray operations.

4.0.44 kilograms per liter of coating (3.7 pounds per gallon), excluding water, delivered to the coating applicator from end sealing compound operations.

(2)Coil Coating.

(a)For the purpose of this paragraph, the following definitions apply:

1."Coil Coating" shall mean the coating of any flat metal sheet or strip that comes in rolls or coils.

2."Quench Area" shall mean a chamber where the hot metal exiting the oven is cooled by either a spray of water or a blast of air followed by water cooling.

(b)This paragraph, will apply to the coating applicator(s), oven(s), and quench area(s) of coil coating lines involved in prime and top coat or single coat operations.

(c)No owner or operator of a coil coating line subject to this paragraph, may cause, allow, or permit the discharge into the atmosphere of VOCs in excess of 0.31 kilograms per liter of coating (2.6 pounds per gallon), excluding water, delivered to the coating applicator from prime and topcoat or single coat operations.

(3)Metal Furniture Coating.

(a)For the purpose of this paragraph, the following definitions apply:

1."Application Area" shall mean the area where the coating is applied by spraying, dipping, or flowcoating techniques.

2."Metal Furniture Coating" shall mean the surface coating of any furniture made of metal or any metal part which will be assembled with other metal, wood, fabric, plastic, or glass parts to form a furniture piece.

(b)This paragraph, will apply to the application areas, flashoff area(s), and oven(s) of metal furniture coating lines involved in prime and topcoat or single coating operations.

(c)No owner or operator of a metal furniture coating line subject to this paragraph, may cause, allow, or permit the discharge into the atmosphere of any VOCs in excess of 0.36 kilograms per liter of coating (3.0 pounds per gallon), excluding water, delivered to the coating applicator from prime and topcoat or single coat operations.

(4)Surface Coating of Large Appliances.

(a)For the purpose of this paragraph, the following definitions apply:

1."Application Area" shall mean the area where the coating is applied by spraying, dipping, or flowcoating techniques.

2."Single Coat" shall mean a single film of coating applied directly to the metal substrate omitting the primer application.

3."Large Appliances" shall mean doors, cases, lids, panels, and interior support parts of residential and commercial washers, dryers, ranges, refrigerators, freezers, water heaters, dishwashers, trash compactors, air conditioners, and other similar products.

(b)This paragraph, will apply to application area(s), flashoff area(s), and oven(s) of large appliance coating lines involved in prime, single, or topcoat coating operations.

(c)This paragraph, will not apply to the use of quick-drying lacquers for repair of scratches and nicks that occur during assembly, provided that the volume of coating does not exceed 757 liters (200 gallons) in any one year.

(d)No owner or operator of a large appliance coating line subject to this paragraph, may cause, allow, or permit the discharge into the atmosphere of any VOCs in excess of 0.34 kilograms per liter of coating (2.8 pounds per gallon), excluding water, delivered to the coating applicator from prime, single, or topcoat coating operations.

(5)Automobile and Light Duty Truck Manufacturing.

(a)For the purpose of this paragraph, the following definitions apply:

1."Application Area" shall mean the area where the coating is applied by dipping or spraying.

2."Manufacturing Plant" shall mean a facility where automobile and truck bodies are manufactured and/or finished for eventual assembly into a finished product ready for sale to vehicle dealers. Customizer, body shops, and other repainters are not part of this definition.

3."Automobile" shall mean all passenger cars or passenger car derivations capable of seating 12 or fewer passengers.

4."Light-Duty Trucks" shall mean any motor vehicles rated at 3,864 kilograms (8,500 pounds) gross weight or less which are designed primarily for the purpose of transportation or are derivatives of such vehicles.

(b)This paragraph will apply to the application area(s), flashoff area(s), and oven(s) of automotive and light-duty truck manufacturing plants involved in prime, topcoat, and final repair coating operations.

(c)No owner or operator of an automobile or light-duty manufacturing plant subject to this pargraph may cause, allow, or permit the discharge into the atmosphere of any VOCs in excess of:

1.0.23 kilograms per liter of coating (1.2 pounds per gallon), excluding water, delivered to the applicator from prime application, flashoff area, and oven operations.

2.0.34 kilograms per liter of coating (2.8 pounds per gallon), excluding water, delivered to the applicator from surface application, flashoff area, and oven operations.

3.0.34 kilograms per liter of coating (2.8 pounds per gallon), excluding water, delivered to the applicator from topcoat application, flashoff area, and oven operations.

4.0.58 kilograms per liter of coating (4.8 pounds per gallon), excluding water, delivered to the applicator from final repair application, flashoff area, and oven operations.

(6)Paper Coating.

(a)For the purpose of this paragraph, the following definitions apply:

1."Knife Coating" shall mean the application of a coating material to a substrate by means of drawing the substrate beneath a knife that spreads the coating evenly over the full width of the substrate.

2."Paper Coating" shall mean coatings put on paper and pressure sensitive tapes regardless of substrate. Related web coating processes on plastic film and decorative coatings on metal foil are included in this definition.

3."Roll Coating" shall mean the application of a coating material to a substrate by means of hard rubber or steel rolls.

4."Rotogravure Coating" shall mean the application of a coating material to a substrate by means of a roll coating technique in which the pattern to be applied is etched on the coating roll. The coating material is picked up in these recessed areas and is transferred to the substrate.

(b)This paragraph will apply to roll, knife, or rotogravure coater(s) and drying ovens of paper coating lines.

(c)No owner or operator of a paper coating line subject to this paragraph may cause, allow, or permit the discharge into the atmosphere of any VOCs in excess of 0.35 kilograms per liter of coating (2.9 pounds per gallon), excluding water, delivered to the coating applicator from a paper coating line.

(7)Fabric and Vinyl Coating.

(a)For the purpose of this paragraph, the following definitions apply:

1."Fabric Coating" shall mean the coating of a textile substrate with a knife, roll, or rotogravure coater to impart properties that are not initially present, such as strength, stability, water or acid repellancy, or appearance.

2."Knife Coating" shall mean the application of a coating material to a substrate by means of drawing the substrate beneath a knife that spreads the coating evenly over the full width of the substrate.

3."Roll Coating" shall mean the application of a coating material to a substrate by means of hard rubber or steel rolls.

4."Rotogravure Coating" shall mean the application of a coating material to a substrate by means of a roll coating technique in which the pattern to be applied is etched on the coating roll. The coating material is picked up in these recessed areas and is transferred to the substrate.

5."Vinyl Coating" shall mean to apply a decorative or protective topcoat or printing on vinyl coated fabric or vinyl sheets.

(b)This paragraph will apply to roll, knife, or rotogravure coater(s) and drying ovens of fabric and vinyl coating lines.

(c)No owner or operator of a fabric coating line or a vinyl coating line subject to this paragraph may cause, allow, or permit discharge into the atmosphere of any VOCs in excess of;

1.0.35 kilograms per liter of coating (2.9 pounds per gallon), excluding water, delivered to the coating applicator from a fabric coating line.

2.0.45 kilograms per liter of coating (3.8 pounds per gallon), excluding water, delivered to the coating applicator from a vinyl coating line.

(8)Magnet Wire Coating.

(a)For the purpose of this paragraph, the following definition applies:

"Magnet Wire Coating" shall mean the process of applying a coating of electrically insulating varnish or enamel to aluminum or copper wire for use in electrical machinery.

(b)This paragraph will apply to oven(s) of magnet wire coating operations.

(c)No owner or operator of a magnet wire coating oven subject to this paragraph may cause, allow, or permit the discharge into the atmosphere of any VOCs in excess of 0.20 kilograms per liter of coating (1.7 pounds per gallon), excluding water, delivered to the coating applicator from magnet wire coating operations.

(9)Compliance Methods.

(a)The emission limits under this Rule shall be achieved by:

1.the application of low solvent content coating technology; or

2.incineration, provided that ninety percent (90%) of the nonmethane volatile organic compounds (VOC measured as total combustible carbon) which enter the incinerator are oxidized to carbon dioxide and water; or

3.a system demonstrated to have control efficiency equivalent to or greater than provided under subparagraphs (a)1. or (a)2. of this paragraph and approved by the Director; or

(b)the design, operation, and efficiency of any capture system used in conjunction with subparagraphs (a)2. and (a)3. of this paragraph shall be certified by the owner or operator and approved by the Director.

(10)Flatwood Paneling.

(a)For the purpose of this paragraph, the following definitions apply:

1."Class II Hardboard Paneling Finish" shall mean finishes which meet the specifications of Voluntary Product Standard PS-59-73 as approved by the American National Standards Institute.

2."Hardboard" shall mean a panel manufactured primarily from inter-felted ligno-cellulosic fibers which are consolidated under heat and pressure in a hot press.

3."Hardwood Plywood" shall mean plywood whose surface layer is a veneer of hardwood.

4."Natural Finish Hardwood Plywood Panels" shall mean panels whose original grain pattern is enhanced by essentially transparent finishes frequently supplemented by fillers and toners.

5."Thin Particleboard" is a manufactured board 1/4 inch or less in thickness made of individual wood particles which have been coated with a binder and formed into flat sheets by pressure.

6."Printed Interior Panels" shall mean panels whose grain or natural surface is obscured by fillers and basecoats upon which a simulated grain or decorative pattern is printed.

7."Tileboard" shall mean paneling that has a colored waterproof surface coating.

8."Coating Application System" shall mean all operations and equipment which apply, convey, and dry a surface coating, including, but not limited to, spray booths, flow coaters, conveyors, flashoff areas, air dryers, and ovens.

(b)This paragraph applies to all flatwood manufacturing facilities that manufacture the following products:

1.printed interior panels made of hardwood, plywood, and thin particleboard;

2.natural finish hardwood plywood panels; or

3.hardboard paneling with Class II finishes.

(c)This paragraph does not apply to the manufacture of exterior siding, tileboard, or particleboard used as a furniture component.

(d)No owner or operator of a flatwood manufacturing facility subject to this paragraph shall emit VOCs from a coating application system in excess of:

1.2.9 kilograms per 100 square meters of coated finished product (6.0 pounds per 1,000 square feet) from printed interior panels, regardless of the number of coats applied;

2.5.8 kilograms per 100 square meters of coated finished product (12.0 pounds per 1,000 square feet) from natural finish hardwood plywood panels, regardless of the number of coats applied; and

3.4.8 kilograms per 100 square meters of coated finished product (10.0 pounds per 1,000 square feet) from Class II finishes on hardboard panels, regardless of the number of coats applied.

(11)Miscellaneous Metal Parts and Products

(a)For the purpose of this paragraph, the following definitions apply:

1."Air Dried Coating" shall mean coatings which are dried by the use of air or forced warm air at temperatures up to 90&#176; C (194&#176; F).

2."Clear Coat" shall mean a coating which lacks color and opacity or is transparent and uses the undercoat as a reflectant base or undertone color.

3."Coating Application System" shall mean all operations and equipment which applies, conveys, and dries a surface coating, including, but not limited to, spray booths, flow coaters, flashoff areas, air dryers and ovens.

4."Extreme Environmental Conditions" shall mean exposure to any one of the following; the weather all of the time, temperatures consistently above 95&#176; C (203&#176; F), detergents, abrasive and scouring agents, solvents, corrosive atmospheres, or similar environmental conditions.

5."Extreme Performance Coatings" shall mean coatings designed for harsh exposure or extreme environmental conditions.

6."Heat Sensitive Material" shall mean materials which cannot consistently be exposed to temperatures greater than 95&#176; C (203&#176; F).

7."Low Solvent Coating" shall mean coatings which contain less organic solvent than the conventional coatings used by the industry. Low solvent coatings include water-borne, higher solids, electrodeposition and powder coatings.

8."Single Coat" shall mean one film of coating applied to a metal surface.

9."Transfer Efficiency" shall mean the portion of coating which adheres to the metal surface during the application process, expressed as a percentage of the total volume of coating delivered by the applicator.

(b)This paragraph applies to coating of miscellaneous metal parts and products in the following industries:

1.Large farm machinery (harvesting, fertilizing and planting machines, tractors, combines, etc.);

2.Small farm machinery (lawn and garden tractors, lawn mowers, rototillers, etc.);

3.Small appliances (fans, mixers, blenders, crock pots, dehumidifiers, vacuum cleaners, etc.);

4.Commercial machinery (office equipment, computers and auxiliary equipment, typewriters, calculators, vending machines, etc.);

5.Industrial machinery (pumps, compressors, conveyor components, fans, blowers, transformers, etc.);

6.Fabricated metal products (metal covered doors, frames, etc.); and

7.Any other industrial category which coats metal parts or products under the Standard Industrial Classification Code of Major Group 33 (primary metal industries), Major Group 34 (fabricated metal products), Major Group 35 (nonelectric machinery), Major Group 36 (electrical machinery), Major Group 37 (transportation equipment), Major Group 38 (miscellaneous instruments), and Major Group 39 (miscellaneous manufacturing industries).

(c)This paragraph does not apply to the surface coating of the following metal parts and products:

1.automobiles and light-duty trucks;

2.metal cans;

3.flat metal sheets and strips in the form of rolls or coils;

4.magnet wire for use in electrical machinery;

5.metal furniture;

6.large appliances;

7.exterior of airplanes;

8.automobile refinishing;

9.customized coating of automobiles and trucks, if production is less than 35 vehicles per day; and

10.exterior of marine vessels.

(d)This paragraph applies to the application area(s), flashoff area(s), air and forced air dryer(s) and oven(s) used in the surface coating of the metal parts and products in subparagraph (b) of this paragraph. This paragraph also applies to prime coat, top coat, and single coat operations.

(e)No owner or operator of a facility engaged in the surface coating of miscellaneous metal parts and products may operate a application system subject to this paragraph that emits VOCs in excess of:

1.0.52 kilograms per liter (4.3 pounds per gallon) of coating, excluding water, delivered to a coating applicator that applies clear coatings;

2.0.42 kilograms per liter (3.5 pounds per gallon) of coating, excluding water, delivered to a coating applicator in a coating application system that is air dried or forced warm air dried at temperatures up to 90&#176; C (194&#176; F);

3.0.42 kilograms per liter (3.5 pounds per gallon) of coating, excluding water, delivered to a coating applicator that applies extreme performance coatings; and,

4.0.36 kilograms per liter (3.0 pounds per gallon) of coating, excluding water, delivered to a coating applicator for all other coatings and coating application systems.

Author: Wm. Gerald Hardy

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: November 26, 1979. Amended: April 19, 1984. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)For the purpose of this Rule, the following definitions apply:

(a)"Cold Cleaning" shall mean the batch process of cleaning and removing soils from metal surfaces by spraying, brushing, flushing or immersion while maintaining the solvent below its boiling point. Wipe cleaning is not included in this definition.

(b)"Conveyorized Degreasing" shall mean the continuous process of cleaning and removing soils from metal surfaces by operating with either cold or vaporized solvents.

(c)"Freeboard Height" shall mean for a cold cleaner, the distance from the liquid solvent level in the degreaser tank to the lip of the tank. For vapor degreasers, it is the distance from the solvent level in the tank to the lip of the tank.

(d)"Freeboard Ratio" shall mean the freeboard height divided by the width of the degreaser.

(e)"Open Top Vapor Degreasing" shall mean the batch process of cleaning and removing soils from metal surfaces by condensing hot solvent vapor on the colder metal parts.

(f)"Solvent Metal Cleaning" shall mean the process of cleaning soils from metal surfaces by cold cleaning or open top vapor degreasing or conveyorized degreasing.

(2)This Rule will apply to cold cleaning, open top vapor degreasing and conveyorized degreasing operations.

(3)The provisions of this Rule shall apply with the following EXCEPTION:

(a)Open top vapor degreasers with an open area smaller than one square meter (10.8 square feet) shall be exempt from this Rule.

(b)Conveyorized degreasers with an air/vapor interface smaller than 2.0 square meters (21.6 square feet) shall be exempt from this Rule.

(4)Except as provided under paragraph (3) above, the owner or operator of a cold cleaning device shall:

(a)equip the cleaner with a cover and the cover shall be so designed that it can be easily operated with one hand; if,

1.the solvent volatility is greater than 2 kPa (15 millimeters of mercury or 0.3 pounds per square inch) measured at 38&#176; C (100&#176; F); or

2.the solvent is agitated; or

3.the solvent is heated; and

(b)equip the cleaner with a device for draining cleaned parts; and if the solvent volatility is greater than 4.3 kPa (32 millimeters of mercury or 0.6 pounds per square inch) measured at 38&#176; C (100&#176; F), equip the construct drainage device internally so that the parts are enclosed under the cover while draining, except that the drainage device may be external for applications where an internal type cannot fit into the cleaning systems; and

(c)if the solvent volatility is greater than 4.3 kPa (32 millimeters of mercury or 0.6 pounds per square inch) measured at 38&#176; C (100&#176; F) or if the solvent is heated above 50&#176; C (120&#176; F), install one of the following devices:

1.freeboard that gives a freeboard ratio greater than or equal to 0.7; or

2.water cover (solvent must be insoluble in and heavier than water); or

3.other systems of equivalent control, such as refrigerated chiller or carbon absorption, approved by the Director; and

(d)provide a permanent, conspicuous label, summarizing the operating requirements; and

(e)close the cover whenever parts are not being handled in the cleaner; and

(f)drain the cleaned parts for at least 15 seconds or until dripping ceases; and

(g)if used, supply a solvent spray that is a solid fluid stream (not a fine, atomized, or shower type spray) at a pressure which does not cause excessive splashing; and

(h)store waste solvent only in covered containers and not dispose of waste solvent or transfer it to another party, such that greater than twenty percent (20%) of the waste solvent (by weight) can evaporate into the atmosphere.

(5)Except as provided under paragraph (3) above, the owner or operator of an open top vapor degreaser shall;

(a)equip the vapor degreaser with a cover that can be opened and closed easily without disturbing the vapor zone; and

(b)provide the following safety switches:

1.a condenser flow switch and thermostat which shuts off the heat if the condenser coolant is either not circulating or too warm; and

2.Reserved.

3.a vapor level control thermostat which shuts off the heat when the level rises too high.

(c)install one of the following control devices:

1.a freeboard ratio of greater than or equal to 0.75 and a powered or mechanically assisted cover if the degreaser opening is greater than 1 square meter (10.8 square feet); or

2.refrigerated chiller; or

3.enclosed design (cover or door opens only when the dry part is actually entering or exiting the degreaser); or

4.carbon adsorption system with ventilation greater than or equal to 15 cubic meters per minute per square meter (50 cubic feet per minute per square foot) of air/vapor area (when cover is open) and exhausting less than 25 parts per million of solvent averaged over one complete adsorption cycle; or

5.a control system, demonstrated to have control efficiency equivalent to or greater than any of the above and approved by the Director; and

(d)keep the cover closed at all times except when processing work loads through the degreaser; and

(e)minimize solvent carryout by:

1.racking parts to allow complete drainage; and

2.moving parts in and out of the degreaser at less than 3.3 meters per minute (11 feet per minute); and

3.holding the parts in the vapor zone at least 30 seconds or until condensation ceases; and

4.tipping out any pools of solvent on the cleansed parts before removal from the vapor zone; and

5.allowing parts to dry within the degreaser for at least 15 seconds or until visually dry; and

(f)not degrease porous or absorbent materials, such as cloth, leather, wood or rope; and

(g)not occupy more than half of the degreaser's open top area with a workload; and

(h)Reserved.

(i)always spray below the vapor level; and

(j)repair solvent leaks immediately, or shutdown the degreaser; and

(k)store waste solvent only in covered containers and not dispose of waste solvent or transfer it to another party, such that greater than twenty percent (20%) of the waste solvent (by weight) can evaporate into the atmosphere; and

(l)not operate the cleaner so as to allow water to be visually detectable in solvent existing in the water separator; and

(m)not use ventilation fans near the degreaser opening nor provide exhaust ventilation exceeding 20 cubic meters per minute per square meter (65 cubic feet per minute per square foot) of degreaser open area, unless necessary to meet OSHA requirements.

(6)Except as provided under paragraph (3) above, the owner or operator of a conveyorized degreaser shall:

(a)not use workplace fans near the degreaser opening nor provide exhaust ventilation exceeding 20 cubic meters per minute per square meter (65 cubic feet per minute per square foot) of degreaser opening, unless necessary to meet OSHA requirements; and

(b)install one of the following control devices:

1.refrigerated chiller; or

2.carbon adsorption system with ventilation greater than or equal to 15 cubic meters per minute per square meter (50 cubic feet per minute per square foot) or air/vapor area (when downtime covers are open), and exhausting less than 25 parts per million of solvent by volume averaged over a complete adsorption cycle; or

3.a system demonstrated to have a control efficiency equivalent to or greater than subparagraphs (b)l. or (b)2. of this paragraph and approved by the Director; and

(c)equip the cleaner with equipment, such as drying tunnel or rotating (tumbling) basket sufficient to prevent cleaned parts from carrying out solvent liquid or vapor; and

(d)provide the following safety switches:

1.a condenser flow switch and thermostat which shut off the heat if the condenser is either not circulating or too warm; and

2.a spray safety switch which shuts off the spray pump or the conveyor if the vapor level drops more than 10 centimeters (4 inches) below the bottom of the condenser; and

3.a vapor level control thermostat which shuts off the heat when the level rises too high; and

(e)minimize openings during operation so that entrances and exits will silhouette workloads with an average clearance between the parts and the edge of the degreaser opening of less than ten centimeters (4 inches) or less than ten percent (10%) of the width of the opening; and

(f)provide downtime covers for closing off the entrance and exit during the shutdown hours; and

(g)minimize carryout emissions by:

1.racking parts for best drainage; and

2.maintaining the vertical conveyor speed at less than 3.3 meters per minute (11 feet per minute); and

(h)store waste solvent only in covered containers; and

(i)repair solvent leaks immediately, or shut down the degreasers; and

(j)not operate the cleaner so as to allow water to be visually detectable in solvent exiting the water separator; and

(k)place downtime covers over entrances and exits of conveyorized degreasers immediately after the conveyors and exhaust are shut down and not remove them until just before start-up.

Author: Wm. Gerald Hardy

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: November 26, 1979. Amended: March 24, 1981. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)For the purpose of this Rule, the following definitions apply:

(a)"Asphalt" shall mean a dark brown to black cementitious material (solid, semisolid, or liquid in consistency) in which the predominating constituents are bitumens which occur in nature as such or which are obtained as residue in refining petroleum.

(b)"Cutback Asphalt" shall mean asphalt cement which has been liquefied by blending with petroleum solvents (diluents). Upon exposure to atmospheric conditions, the diluents evaporate, leaving the asphalt cement to perform its function.

(c)"Penetrating Prime Coat" shall mean an application of low-viscosity liquid asphalt to an absorbent surface. It is used to prepare an untreated base for an asphalt surface. The prime penetrates the base and plugs the voids, hardens the top, and helps bind it to the overlying asphalt layer.

(2)This Rule will apply to the manufacture and use of cutback asphalts in highway paving and maintenance operations in Mobile, Russell, Madison and Morgan counties.

(a)After June 1, 1980, no person may cause, allow, or permit the sale or offering for sale, mixing, storage, use, or application of cutback asphalts without approval of the Director as provided in subparagraph (b) of this paragraph below.

(b)The Director may approve the sale or offering for sale, mixing, storage, use, or application of cutback asphalts where:

1.long-time stockpile storage is necessary; or

2.the use or application commences on or after November of any year and such use or application is completed by February of the following year; or

3.the cutback asphalt is to be used solely as a penetrating prime coat.

Author: Wm. Gerald Hardy

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: November 26, 1979. Amended: June 9, 1987. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Notwithstanding any requirements of Rules 335-3-6-.02 through 335-3-6-.13 of this Chapter, an owner or operator may petition the Director for permission to use alternative operational and/or control techniques for any emission point subject to the requirements of this Chapter, if each of the following requirements is satisfied:

(a)the petition is submitted within 3 months of EPA approval; and

(b)the petition demonstrates to the satisfaction of the Director that the reduction in VOC emissions achieved through use of the alternative technique is equivalent to that which would be expected from compliance with the applicable regulations.

(2)Notwithstanding any requirements of Rule 335-3-6-.02 through 335-3-6-.13, an owner or operator may petition the Director for permission to substitute reductions in emissions for those regulated source categories below those required by these regulations for increase in emissions above allowable limits (compliance is to be determined on a plant-wide basis, using a weekly weighted average) for the emission reductions required by these regulations, if each of the following requirements are satisfied:

(a)the petition is submitted within 3 months of EPA approval;

(b)the petition demonstrates to the satisfaction of the Director that sufficient additional reduction in VOC emissions not required by the regulations will be achieved to assure that the aggregate reduction in VOC emissions is no less than the reductions in emission which would be expected for compliance with the regulations.

(3)Alternative Control Technology.

(a)Notwithstanding any requirement of Rules 335-3-6-.02 through 335-3-6-.13, sources unable to achieve the levels of control specified in this Chapter on a technical or economic basis may petition the Director for permission on a case-by-case basis to establish the applicable reasonably available control technology.

(b)Any such change to the applicable reasonably available control technology will not be effective until it becomes a part of the approved State Implementation Plan.

Author: Wm. Gerald Hardy

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: November 26, 1979. Amended:

(EPA approval as used herein means final approval of this Chapter as part of the State Implementation Plan.)

(1)Process and Emission Control Equipment Installations.

(a)Except as provided under paragraphs (4) or (5) of this Rule, the owner or operator of a VOC emission source proposing to install and operate VOC emission control equipment and/or replacement process equipment to comply with this Chapter shall adhere to the increments of progress contained in the following schedule:

1.Final plans for the emission control system and/or process equipment must be submitted within three (3) months of EPA approval;

2.Contracts for the emission control system and/or process equipment must be awarded or orders must be issued for purchase of component parts to accomplish emission control within six (6) months of EPA approval;

3.Initiation of on-site construction or installation of the emission control and/or process equipment must begin within nine (9) months of EPA approval;

4.On-site construction or installation of the emission control and/or process equipment must be completed within fifteen (15) months of EPA approval;

5.Final compliance shall be achieved within sixteen (16) months of EPA approval.

(b)Any owner or operator of an emission source subject to the compliance schedule of this Rule shall certify to the Director in five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.

(2)Low Solvent Content Coating.

(a)Except as provided under paragraphs (4) or (5) of this Rule or under subparagraph (b) of this paragraph, the owner or operator of a VOC emission source proposing to employ low solvent content coating technology to comply with this Chapter shall adhere to the increments of progress contained in the following schedules:

1.Final plans for the application of low solvent content coating technology must be submitted within three (3) months of EPA approval;

2.Research and development of low solvent content coating must be completed within six (6) months of EPA approval;

3.Evaluation of product quality and commercial acceptance must be completed within one (1) year of EPA approval;

4.Purchase orders must be issued for low solvent content coatings and process modifications within fifteen (15) months of EPA approval;

5.Initiation of process modification must begin within seventeen (17) months of EPA approval;

6.Process modifications must be completed and use of low solvent content coatings must begin within twenty-two (22) months of EPA approval;

7.Final compliance shall be achieved within two (2) years of EPA approval.

(b)Where the Director determines that low solvent content coating technology has been sufficiently researched and developed for a particular application, the owner or operator of a VOC emission source proposing to comply with this Chapter through application of low solvent content coatings shall adhere to the increments of progress contained in the following schedule:

1.Final plans for the application of low solvent content coating technology must be submitted within three (3) months of EPA approval;

2.Evaluation of product quality and commercial acceptance must be completed within six (6) months of EPA approval;

3.Purchase orders must be issued for low solvent content coatings and process modifications within nine (9) months of EPA approval;

4.Initiation of process modifications must begin within eleven (11) months of EPA approval;

5.Process modifications must be completed and use of low solvent content coatings must begin within fifteen (15) months of EPA approval;

6.Final compliance shall be achieved within sixteen (16) months of EPA approval.

(c)Any owner or operator of a stationary source subject to the compliance schedule of this pargraph shall certify to the Director within five (5) days after the deadline for each increment of progress whether the required increment of progress has been met.

(3)Equipment Modification.

(a)Except as provided under paragraphs (4) or (5) of this Rule, the owner or operator of a VOC emission source proposing to comply with this Chapter by modification of existing processing equipment shall adhere to the increments of progress contained in the following schedule:

1.Final plans for process modification must be submitted within three (3) months of EPA approval;

2.Contracts for process modifications must be awarded or orders must be issued for the purchase of component parts to accomplish process modifications within five (5) months of EPA approval;

3.Initiation of on-site construction or installation of process modifications must begin within seven (7) months of EPA approval;

4.On-site construction or installation of process modifications must be completed within ten (10) months of EPA approval;

5.Final compliance shall be achieved within eleven (11) months of EPA approval.

(b)Any owner or operator of an emission source subject to the compliance schedule of this Rule shall certify to the Director within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.

(4)Alternative Compliance.

(a)Nothing in this Rule shall prevent the Director from approving a separate schedule for any source, if he finds that the application of a compliance schedule in paragraphs (1) through (3) above would be infeasible or impracticable.

(b)Nothing in this Rule shall prevent the owner or operator of a VOC source from submitting to the Director a proposed alternative compliance schedule provided:

1.the proposed alternative compliance schedule is submitted within three (3) months of EPA approval; and

2.the final control plans for achieving compliance with this Chapter are submitted simultaneously; and

3.the alternative compliance schedule contains the same increments of progress as the schedule for which it is proposed; and

4.sufficient documentation and certification from appropriate suppliers, contractors, manufacturers, or fabricators are submitted by the owner or operator of the VOC source to justify the dates proposed for the increments of progress.

(c)All alternative compliance schedules proposed or promulgated under this Rule shall provide for compliance of the VOC emission source with this Chapter as expeditiously as practicable, but not later than December 31, 1982.

(d)Any schedule approved under this paragraph may be revoked at any time if the source does not meet the increments of progress stipulated.

(5)Exception. Paragraphs(1) through (4) of this Rule will not apply to sources which are in compliance with this Chapter before June 1, 1979 and have determined and certified compliance to the satisfaction of the Director within three (3) months of EPA approval.

(6)Exception. Nothing in this Rule shall prevent the Director from approving a separate schedule for any source beyond December 31, 1982, provided:

(a)the source is located in an attainment or unclassifiable area, and

(b)the source is proposing to use innovative technologies, and

(c)the extension will not interfere with reasonable further progress in attaining the National Ambient Air Quality Standard.

Author: Wm. Gerald Hardy

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, and 22-22A-8.

History: Effective Date: November 26, 1979. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Determination of Volatile Organic Content of Surface Coatings.

(a)This method applies to paint, varnish, lacquer, and surface coatings which are air-dried or force-dried.

(b)This method does not apply to any coating system requiring a special curing process such as:

1.exposure to temperatures in excess of 110&#176; C (230&#176; F) to promote thermal cross-linking; or

2.exposure to ultraviolet light to promote cross-linking.

(c)For the purposes of this method, the applicable surface coatings are divided into three classes. They are:

1.Class I: General Solvent-Type Paints. This class includes white linseed oil outside paint, white soya and phthalic alkyd enamel, white linseed o-phthalic alkyd enamel, red lead primer, zinc chromate primer, flat white inside enamel, white epoxy enamel, white vinyl toluene modified alkyd, white amino modified baking enamel, and other solvent-type paints not included in Class II.

2.Class II: Varnishes and Lacquers. This class includes clear and pigmented lacquers and varnishes.

3.Class III: Water Thinned Paints. This class includes emulsion or latex paints and colored enamels.

(d)For the purposes of this method, a representative sample of the surface coating shall be obtained at the point of delivery to the coater or any other point in the process that the Director approves.

(e)The volatile organic content of the sample shall be determined as follows:

1.Assign the coating to one of the three classes in subparagraph (c) of this paragraph. Assign any coating not clearly belonging to Class II or III to Class I.

2.Determine the density Dm (in grams/cubic centimeter) of the paint, varnish, lacquer, or related product according to the procedure outlined in ASTM 1475-60, Standard Method of Test for density of Paint, Varnish, Lacquer, and Related Products. Then, depending on the class of the coatings, use one of the following specified procedures to determine the volatile content:

(i)Class I. Use the procedure in ASTM 2369-73, Standard Method of Test for Volatile Content of Paints.

(I)Record the following information:

W1 = Weight of dish and sample, grams

W2 = Weight of dish and sample after heating,

grams

S = Sample weight, grams.

(II)Compute the volatile organic content Cv (in grams/liter of paint) as follows:

Cv = (W1 - W2)(Dm)(103)

S

(III)To convert grams/liter to pounds/gallons, multiply Cv by 8.3455 x 10-3.

(ii)Class II. Use the procedure in ASTM D 1644-59 Method A, Standard Methods of Test for Nonvolatile Content of Varnishes (Do not use Method B).

(I)Record the following information:

A = Record of dish, grams

B = Weight of sample used, grams

C = Weight of dish and content after heating, grams.

(II)Compute the volatile organic content Cv (in grams/liter) as follows:

Cv = (A + B + C) (Dm)(103)

B

(III)To convert grams/liter to pounds/gallon, multiply Cv by 8.3455 x 10-3.

(iii)Class III. Use the procedure in ASTM D 2369-73, Standard Method of Test for Volatile Content of Paints.

(I)Record the same information as specified in subparagraph (e)2.(i) of this paragraph.

(II)Determine the water content P (in percent water) of the paint according to the procedure outlined in Federal Standards 141a, Method 4082.1, Water in Paint and Varnishes (Karl Fisher Titration Method).

(III)Compute the nonaqueous volatile matter content Cv (in grams/liter) as follows:

Cv = (W1 - W2 - 0.01 PS) (Dm)(103)

S

(IV)To convert grams/liter to pounds/gallon, multiply Cv by 8.3455 x 10-3.

(2)Test Procedure for Determination of VOC Emissions from Bulk Gasoline Terminals.

(a)Principle. VOC mass emissions are determined directly using flow meters and hydrocarbon analyzers. The volume of liquid gasoline dispensed is determined by computation based on the metered quantity of gasoline at the loading rack. Test results are expressed in milligrams of hydrocarbons emitted per liter of gasoline transferred.

(b)Summary of the Method. This method describes the test conditions and test procedures to be followed in determining the emissions from systems installed to control VOC vapors resulting from tank truck and trailer loading operations at bulk terminals. Under this procedure direct measurements are made to compute the hydrocarbon mass exhausted from the vapor control system. All possible sources of leaks are qualitatively checked to ensure that no uncontrolled vapors are emitted to the atmosphere. The results are expressed in terms of mass hydrocarbons emitted per unit volume of gasoline transferred. Emissions are determined on a total hydrocarbon basis. If methane is present in the vapors returned from the tank trucks or trailers, provisions are included for conversion to a total nonmethane hydrocarbon basis.

(c)Applicability. This method is applicable to determining VOC emission rates at tank truck and trailer gasoline loading terminals employing vapor collection systems and either continuous or intermittent vapor control systems. This method is applicable to motor tank truck and trailer loading only as per Rule 335-3-6-.06.

(d)Apparatus. The components essential to the evaluation of emissions from gasoline loading terminals are:

1.portable combustible gas detector equipped to read zero (0) to one hundred percent (100%) of the lower explosive limit,

2.flexible thermocouple with recorder,

3.gas volume meter, sized for the expected exhaust flow rate and range,

4.total hydrocarbon analyzer with recorder (flame ionization detector or nondispersive infrared equipped to read zero (0) to ten percent (10%) by volume hydrocarbon as propane for vapor control systems which recover the vapor liquid, or 0 to 10,000 ppmv hydrocarbon as propane for incineration vapor control system),

5.barometer to measure atmospheric pressure,

6.gas chromatography/flame ionization detector with a column to separate C1 - C7 alkanes (used if methane is present in recovered vapors or if incineration is the vapor control technique).

(e)Test Requirements:

1.No less than three 8-hour repetitions will be performed.

2.During the test period, all loading racks shall be open for each produce line which is controlled by the system under test. Simultaneous use of more than one loading rack shall occur to the extent that such would normally occur.

3.Simultaneous use of more than one dispenser on each loading rack shall occur to the extent that such use would normally occur.

4.Dispensing rates shall be set at the maximum rate at which the equipment is designed to be operated. Automatic product dispensers are to be used according to normal operating practices.

5.Applicable operating parameters of the vapor control system shall be monitored to demonstrate that the control unit is operating at design levels. For intermittent vapor control systems employing a vapor holder, each test repetition shall include at least one fully automatic operation cycle of the vapor holder and control device. Tank trucks and trailers shall be essentially leak free as determined by the Director.

(f)Basic Measurements Required. The basic measurements essential to the evaluation of emissions from gasoline loading terminals are:

1.the amount of gasoline dispensed from gasoline dispensers,

2.leak check of all fittings and vents,

3.the following items for the processing unit exhaust:

(i)temperature,

(ii)pressure,

(iii)volume of vapors,

(iv)hydrocarbon concentration of vapors, if methane is present, in recovered vapors.

(g)Test Procedure.

1.Calibrate and span all instruments as outlined under subparagraph (I) of this paragraph.

2.Install an appropriately sized gas meter on the exhaust vent of the vapor control system. For those vapor control systems where restrictions preclude the use of a volume meter or when incineration is used for vapor control, a gas flow rate meter (orifice, pitot tube, annubar, etc.) is necessary. At the meter inlet, install a thermocouple with recorder. Install a tap at the volume meter outlet. Attach a sample line for total hydrocarbon analyzer (0 to 10 percent) as propane to this tap. If the meter pressure is different than barometric pressure, install a second tap at the meter outlet and attach an appropriate manometer for pressure measurement. If methane analysis is required, install a third tap for connection to a constant volume sample pump/evacuated bag assembly as described in 40 CFR 36.247, Method 3, December 23, 1977.

3.Measurements and data required for evaluating emissions from the system:

(i)at the beginning and end of each test repetition, record the volume readings on each product dispenser on each loading rack served by the system under test;

(ii)at the beginning of each test repetition and each two (2) hours thereafter, record the ambient temperature and the barometric pressure;

(iii)for intermittent vapor control systems employing a vapor holder, the unit shall be manually started and allowed to process vapors in the holder until the lower automatic cut-off is reached. This cycle should be performed immediately prior to the beginning of the test repetition before readings under Subparagraph (g)3.(i) of this paragraph are taken. No loading shall be in progress during this manual cycle;

(iv)for each cycle of the vapor control system during each test repetition, record the start and stop time, the initial and final gas meter readings, and the average vapor temperature, pressure and hydrocarbon concentration. If a flow rate meter is used, record flow meter readouts continuously during the cycle. If required, extract a sample continuously during each cycle for chromatographic analysis for specific hydrocarbons;

(v)for each tank truck or trailer loading during the test period, check all fittings and seals on the tanker compartments with the combustible gas detector. Record the maximum combustible gas reading for any incidents of leakage of hydrocarbon vapors. Explore the entire periphery of the potential leak source with the sample hose inlet 1 cm (0.4 inches) away from the interface;

(vi)during each test period, monitor all possible sources of leaks in the vapor collection and control systems with the combustible gas indicator. Record the location and combustible gas reading for any incidents of leakage;

(vii)for intermittent vapor control systems, the control unit shall be manually started and allowed to process vapors in the holder until the lower automatic shutoff is reached at the end of each test repetition. Record the data required under subparagraph (g)3.(iv) of this paragraph for this manual cycle. No loading shall be in progress during this manual cycle.

(h)Calculations.

1.Terminology:

Ta = Ambient temperature (&#176; C)

Pb = Barometric pressure (mm Hg)

Lt =Total volume of liquid dispensed from all controlled racks during the test period (liters)

Ve =Volume of air-hydrocarbon mixture exhausted from the processing unit (m3)

Ves =Normalized volume of air-hydrocarbon mixture exhausted NM3 @ 20&#176; C, 760 mm Hg

Ce =Volume fraction of hydrocarbons in exhausted mixture (volume % as C3H8/100, corrected for methane content if required)

Te =Temperature at processing unit exhaust (&#176; C)

Pe =Pressure at processing unit exhaust (mm Hg abs)

(M/L)e =Mass of hydrocarbons exhausted from the processing unit per volume of liquid loaded (mg/1).

2.Calculate the following results for each period of the vapor control system operation:

(i)volume of air-hydrocarbon mixture exhausted from the vapor control system:

Ve =Vef - Vei; or

Ve = total volume from flow rate and time records

(ii)normalized volume of exhausted mixture:

Ves = (0.3858&#176; K/mm Hg) VePe

(Te + 273.2)

(iii)mass of hydrocarbons exhausted from the vapor control system:

Me = (1.833 x 106 mgC3H8) x VesCe

NM3C3H8

3.calculate the average mass of hydrocarbons emitted per volume of gasoline loaded:

(M/L)e = Me

Lt

(i)Calibrations.

1.Flow meters shall be calibrated using standard methods and procedures which have been approved by the Director.

2.Temperature recording instruments shall be calibrated prior to a test period and following the test period using an ice bath (0&#176; C) and a known reference temperature source of about 35&#176; C. Daily during the test period, use an accurate reference to measure the ambient temperature and compare the ambient temperature reading of all other instruments to this value.

3.Manufacturer's instructions concerning warm-up and adjustments shall be followed for total hydrocarbon analyzers. Prior to and immediately after the emission test, perform a comprehensive laboratory calibration on each analyzer used. Calibration gases should be propane in nitrogen prepared gravimetrically with mass quantities of approximately one hundred percent (100%) propane. A calibration curve shall be provided using a minimum of five (5) prepared standards in the range of concentrations expected during testing;

(i)For each repetition, zero with zero gas (3 ppm C) and span with seventy percent (70%) propane for instruments used in the vapor lines and with ten percent (10%) propane for instruments used at the vapor control system exhaust.

(ii)The zero and span procedure shall be performed at least once prior to the first test measurements, once during the middle of the run, and once following the final test measurement for each run.

(iii)Conditions in calibration gas cylinders must be kept such that condensation of propane does not occur. A safety factor of two (2) for pressure and temperature is recommended.

(3)Determination of Volatile Organic Compound Emission Control System Efficiency.

(a)The provisions of this paragraph are generally applicable to any test method employed to determine the collection or control efficiency of any device or system designed, installed, and operated for the purpose of reducing volatile organic compound emissions.

(b)The following procedures shall be included in any efficiency demonstration:

1.The volatile organic compound containing material shall be sampled and analyzed in a manner approved by the Director such that the quantity of emissions that could result from the use of the material can be quantified.

2.The efficiency of any capture system used to transport the volatile organic compound emissions from their point of origination to the control equipment shall be computed by using accepted engineering practice and in a manner approved by the Director.

3.Samples of the volatile organic compound containing gas stream shall be taken simultaneously at the inlet and outlet of the emissions control device in a manner approved by the Director.

4.The total combustible carbon content of the samples shall be determined by a method approved by the Director.

5.The efficiency of the control device shall be expressed as the fraction of total combustible carbon content reduction achieved.

6.The volatile organic compound mass emission rate shall be the sum of emissions from the control device, emissions not collected by the capture system, and capture system losses.

(4)Determination of Solvent Metal Cleaning Volatile Organic Compound Emissions.

(a)This method is applicable to determining volatile organic compound emissions from solvent metal cleaning equipment.

(b)The purpose of this method is to quantify, by material balance, the amount of solvent input into a degreaser over a sufficiently long period of time so that an average emission rate can be computed.

(c)The following procedure shall be forwarded to perform a material balance test:

1.Clean the degreaser sump before testing.

2.Record the amount of solvent added to the tank with a flow meter.

3.Record the weight and type of work load degreased each day.

4.At the end of the test run, pump out the used solvent and measure the amount with a flow meter. Also, estimate the volume of metal chips and other material remaining in the emptied sump, if significant.

5.Bottle a sample of the used solvent and analyze it to find the percent that is oil and other contaminants. The oil and solvent proportions can be estimated by weighing samples of used solvent before and after boiling off the solvent. Compute the volume of oils in the used solvent. The volume of solvent displaced by this oil along with the volume of make-up solvent added during operations are equal to the solvent emission.

(5)Reserved.

(6)Testing and Monitoring Procedures for Graphic Arts.

(a)The owner or operator of a VOC source shall, at his own expense, demonstrate compliance with this Chapter by the methods in subparagraph (c) of this paragraph or an alternative method approved by the Director. All tests shall be made by, or under the direction of, a person qualified by training and/or experience in the field of air pollution testing.

(b)A person proposing to conduct a VOC emissions test shall notify the Director of the intent to test not less than thirty (30) days before the proposed initiation of the tests so the Director may at his option observe the test. The notification shall contain the information required by, and be in a format approved by, the Director.

(c)Test procedures to determine compliance with Chapter 335-3-6 must be approved by the Director and consistent with:

1.EPA Guideline Series document, "Measurement of Volatile Organic Compounds", EPA-450/2-78-041; and

2.Appendix A of "Control of Volatile Organic Emissions from Existing Stationary Sources - Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks", EPA-450/2-77-008.

(d)The Director may accept, instead of ink solvent analysis, a certification by the ink manufacturer of the composition of the ink solvent, if supported by actual batch formulation records.

(e)If add-on control equipment is used, continuous monitors of the following parameters shall be installed, periodically calibrated, and operated at all times that the associated control equipment is operating:

1.exhaust gas temperatures of all incinerators;

2.temperature rise across a catalytic incinerator

bed;

3.breakthrough of VOC on a carbon adsorption unit; and,

4.any other continuous monitoring or recording device required by the Director.

(7)Testing and Monitoring Procedures for Surface Coating of Miscellaneous Metal Parts.

(a)The owner or operator of a VOC source required to comply with this Chapter shall, at his own expense, demonstrate compliance by the methods of this paragraph, or an alternative method approved by the Director. All tests shall be made by, or under the direction of, a person qualified by training and/or experience in the field of air pollution testing.

(b)A person proposing to conduct a VOC emissions test shall notify the Director of the intent to test not less than thirty (30) days before the proposed initiation of the tests so the Director may at his option observe the test. The notification shall contain the information required by, and be in a format approved by, the Director.

(c)Test procedures to determine compliance with Chapter 335-3-6 must be approved by the Director and be consistent with:

1.EPA Guideline Series document, "Measurement of Volatile Organic Compounds", EPA-450/2-78-041; and,

2.Appendix A of "Control of Volatile Organic Emissions from Existing Stationary Sources - Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks", EPA-450/2-77-008.

(d)The Director may accept, instead of the coating analysis required in subparagraph (c)2. of this paragraph, a certification by the manufacturer of the composition of the coatings, if supported by actual batch formulation records.

(e)If add-on control equipment is used, continuous monitors of the following parameters shall be installed, periodically calibrated, and operated at all times that the associated control equipment is operating:

1.exhaust gas temperature of all incinerators;

2.temperature rise across a catalytic incinerator bed;

3.breakthrough of VOC on a carbon adsorption unit;

and

4.any other continuous monitoring or recording device required by the Director.

(8)Testing and Monitoring Procedures for Petroleum Liquid Storage in Floating Roof Tanks.

(a)The owner or operator of any VOC source required to comply with this Chapter shall, at his own expense, demonstrate compliance by the methods of this paragraph or an alternative method approved by the Director. All tests shall be made by, or under the direction of, a person qualified by training and/or experience in the field of air pollution testing.

(b)A person proposing to conduct a VOC emissions test shall notify the Director of the intent to test not less than thirty (30) days before the proposed initiation of the tests so the Director may at his option observe the test. The notification shall contain the information required by, and be in a format approved by, the Director.

(c)Compliance with Chapter 335-3-6 shall be determined by:

1.physically measuring the length and width of all gaps around the entire circumference of the secondary seal in each place where a 0.32 centimeter (1/8 inch) uniform diameter probe passes freely (without forcing or binding against the seal) between the seal and tank wall; and,

2.summing the area of the individual gaps.

(9)Testing and Monitoring Procedures for the Manufacture of Pneumatic Rubber Tires.

(a)The owner or operator of a VOC source required to comply with this Chapter shall, at his own expense, demonstrate compliance by the methods of subparagraphs (c) and (d) of this paragraph, or an alternative method approved by the Director. All tests shall be made by, or under the direction of, a person qualified by training and/or experience in the field of air pollution testing.

(b)A person proposing to conduct a VOC emissions test shall notify the Director of the intent to test not less than thirty (30) days before the proposed initiation of the tests so the Director may, at his option, observe the test. The notification shall contain the information required by, and be in a format approved by, the Director.

(c)Test procedures to determine compliance with Chapter 335-3-6 must be approved by the Director and be consistent with:

1.EPA Guideline Series document, "Measurement of Volatile Organic Compounds," EPA-450/2-78-041; and,

2.Appendix A of "Control of Volatile Organic Emissions from Existing Stationary Sources - Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks," EPA-450/2-77-008.

(d)The Director may accept, instead of the analyses of spray, cement, or other compounds, a certification by the manufacturer of the composition of the spray, cement, or other compounds, if supported by actual batch formulation records.

(e)If add-on control equipment is used, continuous monitors of the following parameters shall be installed, periodically calibrated, and operated at all times that the associated control equipment is operating:

1.exhaust gas temperatures of incinerators;

2.temperature rise across a catalytic incinerator bed;

3.breakthrough of VOC on a carbon adsorption unit; and

4.any other continuous monitoring or recording device required by the Director.

(10)Testing and Monitoring Procedures for the Manufacture of Synthesized Pharmaceutical Products.

(a)The owner or operator of any VOC source required to comply with this Chapter shall, at his own expense, demonstrate compliance by the methods of subparagraph (c) of this paragraph or an alternative method approved by the Director. All tests shall be made by, or under the direction of, a person qualified by training and/or experience in the field of air pollution testing.

(b)A person proposing to conduct a VOC emissions test shall notify the Director of the intent to test not less than thirty (30) days before the proposed initiation of the tests so the Director may, at his option, observe the test. The notification shall contain the information required by, and in a format approved by, the Director.

(c)Test procedures to determine compliance with Chapter 335-3-6 must be approved by the Director and consistent with EPA Guideline Series document, "Measurement of Volatile Organic Compounds," EPA-450/2-78-041.

(d)If add-on control equipment is used, continuous monitors of the following parameters shall be installed, periodically calibrated, and operated at all times that the associated control equipment is operating:

1.exhaust gas temperature of all incinerators;

2.temperature rise across a catalytic incinerator

bed;

3.breakthrough of VOC on a carbon adsorption unit; and,

4.any other continuous monitoring or recording device required by the Director.

(11)Testing and Monitoring Procedures for the Surface Coating of Flatwood Paneling.

(a)The owner or operator of a VOC source required to comply with this Chapter shall, at his own expense, demonstrate compliance by the methods of subparagraphs (c) and (d) of this paragraph or an alternative method approved by the Director. All tests shall be made by, or under the direction of, a person qualified by training and/or experience in the field of air pollution testing.

(b)A person proposing to conduct a VOC emissions test shall notify the Director of the intent to test not less than thirty (30) days before the proposed initiation of the tests so the Director may, at his option, observe the test. The notification shall contain the information required by, and be in a format approved by, the Director.

(c)Test procedures to determine compliance with Chapter 335-3-6 must be approved by the Director and be consistent with:

1.EPA Guideline Series document, "Measurement of Volatile Organic Compounds", EPA-450/2-78-041; and,

2.Appendix A of "Control of Volatile Organic Emissions from Existing Stationary Sources - Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks", EPA-450/2-77-008.

(d)The Director may accept, instead of the coating analysis required by subparagraph (c)2. of this paragraph above, a certification by the coating manufacturer of the composition of the coating, if supported by actual batch formulation records.

(e)If add-on control equipment is used, continuous monitors of the following parameters shall be installed, periodically calibrated, and operated at all times that the associated control equipment is operating:

1.exhaust gas temperature of all incinerators;

2.temperature rise across a catalytic incinerator bed;

3.breakthrough of VOC on a carbon adsorption unit; and,

4.any other continuous monitoring or recording device required by the Director.

(12)Testing and Monitoring Procedures for Leaks from Gasoline Tank Trucks and Vapor Collection Systems.

(a)The owner or operator of a VOC source shall, at his own expense, demonstrate compliance with Rule 335-3-6-.20 by the methods of subparagraph (c) of this paragraph or an alternative method approved by the Director. All tests shall be made by, or under the direction of, a person qualified by training and/or experience in the field of air pollution testing.

(b)The owner or operator of a gasoline tank truck subject to Chapter 335-3-6 must notify the Director in writing of the date and location of a certification test at least ten (10) days before the anticipated test date. In order to observe a certification test, the Director may postpone or reschedule the certification test date by written notice to the owner or operator within five (5) days after receipt of certification test notification.

(c)Test methods and procedures shall be consistent with one of the following methods and procedures:

1.Reference Method 27.

2.EPA Guideline Series document, "Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems", EPA-450/2-78-051.

(13)Testing and Monitoring Procedures for Petroleum Refinery Equipment.

(a)The owner or operator of a petroleum refinery subject to this Chapter shall, at his own expense, demonstrate compliance by the methods of this paragraph or an alternative method approved by the Director. All tests shall be made by, or under the direction of a person qualified by training and/or experienced in the field of air pollution testing.

(b)Testing and monitoring procedures to determine compliance with this Chapter must be approved by the Director and consistent with Appendix B of the OAQPS Guideline Series document, "Control of Volatile Organic Compound Leaks from Petroleum Refinery Equipment," EPA-450/2-78-036.

Author: Wm. Gerald Hardy

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: November 26, 1979, April 19, 1984. Amended: November 1, 1990. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed August 21, 1997; effective September 25, 1997.

(1)For the purpose of this Rule, the following definitions apply:

(a)"Pneumatic rubber tire manufacture" shall mean the production of pneumatic rubber, passenger type tires on a mass production basis.

(b)"Passenger type tires" shall mean agricultural, airplane, industrial, mobile home, light and medium duty truck, and passenger vehicle tires with a bead diameter up to 20.0 inches and cross section dimension up to 12.8 inches.

(c)"Undertread cementing" shall mean the application of cement to the underside of a tire tread.

(d)"Tread-end cementing" shall mean the application of cement to the tire tread ends.

(e)"Green tires" shall mean assembled tires before molding and curing have occurred.

(f)"Green tire spraying" shall mean the spraying of green tires, both inside and outside, with compounds which help remove air from the tire, prevent the tire from sticking to the mold during curing, improve the finish, etc.

(g)"Water-based sprays or compounds" shall mean compounds in which solids, water, and emulsifiers (non-organic) constitute at least eighty-eight percent (88%) by weight of the compound.

(2)This Rule applies to VOC emissions from the following operations:

(a)Undertread cementing,

(b)Tread-end cementing,

(c)Green tire spraying.

(3)The owner or operator of an undertread cementing, tread-end cementing, or green tire spraying operation subject to this Rule shall:

(a)Install and operate a capture system which achieves maximum reasonable capture of evaporated VOC from all undertread cementing, tread-end cementing, and green tire spraying operations. If practical, maximum reasonable capture shall be consistent with the following documents:

1."Industrial Ventilation, A Manual of Recommended Practices", 14th Edition, American Federation of Industrial Hygienists.

2."Recommended Industrial Ventilation Guidelines", U.S. Department of Health, Education and Welfare, National Institute of Occupational Safety and Health.

(b)Install and operate a control device that removes or oxidizes to inorganic compounds at least ninety percent (90%) of the VOC by weight from the gases ducted to the control device. The device must be approved by the Director.

(c)The owner or operator may, instead of implementing the measures required by subparagraphs (a) and (b) of this paragraph, substitute water-based cements or compounds for the solvent-based cements or compounds.

(d)The owner or operator may, instead of implementing the measures required by subparagraphs (a), (b), and (c) of this paragraph, submit to the Director for approval a petition for alternative measures which have achieved or will achieve equivalent reductions in VOC emissions. Equivalent reductions mean that the total VOC emissions from undertread cementing, tread-end cementing and green tire spraying shall not exceed an average of 76 grams per green tire, as determined on a monthly basis.

(4)From the date of EPA approval of this regulation, the owner or operator shall adhere to the following schedules:

(a)

Required ActionSchedule

Submit final plans for control strategy3 months

Award contracts or purchase orders9 months

Complete modification, construction, or installation of equipment and/or processes27 months

Achieve compliance30 months

(b)Instead of the schedule contained in subparagraph (a) above, the owner or operator may submit to the Director, and the Director may approve, an alternative compliance schedule provided:

1.The schedule is submitted within three months after EPA approval of this regulation.

2.The need for or the advantages of an alternative schedule is adequately documented.

3.The schedule contains increments of progress.

4.Sufficient documentation and certification from appropriate suppliers, contractors, manufacturers or fabricators are submitted to justify the proposed dates for the increments of progress.

5.Final compliance is achieved as expeditiously as possible.

Author: Wm Gerald Hardy

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: April 19, 1984. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)For the purpose of this Rule, the following definitions apply:

(a)"Condenser" shall mean a device which cools a gas stream to a temperature which removes specific organic compounds by condensation.

(b)"Control system" shall mean any number of control devices, including condensers, which are designed and operated to reduce the quantity of VOCs emitted to the atmosphere.

(c)"Reactor" shall mean a vat or vessel, which may be jacketed to permit temperature control, designed to contain chemical reactions.

(d)"Separation operation" shall mean a process that separates a mixture of compounds and solvents into two or more components. Specific mechanisms include extraction, centrifugation, filtration, and crystallization.

(e)"Synthesized pharmaceutical manufacturing" shall mean manufacture of pharmaceutical products by chemical synthesis.

(f)"Production equipment exhaust system" shall mean a device for collecting and directing out of the work area VOC fugitive emissions from reactor openings, centrifuge openings, and other vessel openings for the purpose of protecting workers from excessive VOC exposure.

(2)This Rule applies to all synthesized pharmaceutical manufacturing facilities.

(3)This Rule applies to all sources of VOCs, including reactors, distillation units, dryers, storage of VOCs, transfer of VOCs, extraction equipment, filters, crystallizers and centrifuges that have the potential to emit 6.8 kilograms per day (15 pounds per day) or more.

(4)The owner or operator of a synthesized pharmaceutical manufacturing facility subject to this Rule shall control the VOC emissions from all reactors, distillation operations, crystallizers, centrifuges and vacuum dryers that have the potential to emit 6.80 kilograms per day (15 pounds per day) or more of VOCs. Surface condensers or equivalent controls shall be used, provided that:

(a)If surface condensers are used, the condenser outlet gas temperature must not exceed:

1.-25&#176; C (-13&#176; F) when condensing a VOC of a vapor pressure greater than 40.0 kPa (5.8 psia)*

2.-15&#176; C (5&#176; F) when condensing a VOC of a vapor pressure greater than 20.0 kPa (2.9 psia)*

3.0&#176; C (32&#176; F) when condensing a VOC of a vapor pressure greater than 10.0 kPa (1.5 psia)*

4.10&#176; C (50&#176; F) when condensing a VOC of a vapor pressure greater than 7.0 kPa (1.0 psia)*; or,

5.25&#176; C (77&#176; F) when condensing a VOC of a vapor pressure greater than 3.50 kPa (0.5 psia)*.

(b)If equivalent controls are used, the VOC emissions must be reduced by at least as much as they would be by using a surface condenser which meets the requirements of subparagraph (a) of this paragraph.

__________

*Vapor pressures as measured at 20&#176; C (68&#176; F)

(5)The owner or operator of a synthesized pharmaceutical manufacturing facility subject to this Rule shall reduce the VOC emissions from all air dryers and production equipment exhaust systems;

(a)by at least ninety percent (90%) if emissions are 150 kilograms per day (330 pounds per day) or more of VOC; or,

(b)to 15.0 kilograms per day (33 pounds per day) or less if emissions are less than 150 kilograms per day (330 pounds per day) of VOC.

(6)The owner or operator of a synthesized pharmaceutical manufacturing facility subject to this Rule shall:

(a)provide a vapor balance system or equivalent control that is at least ninety percent (90%) effective in reducing emissions from truck or railcar deliveries to storage tanks with capacities greater than 7,500 liters (2,000 gallons) that store VOC with vapor pressures greater than 28.0 kPa (4.1 psia) at 20&#176; C (68&#176; F); and,

(b)Install pressure/vacuum conservation vents set at D+ 0.2 kPa on all storage tanks that store VOC with

vapor pressures greater than 10.0 kPa (1.5 psia) at 20&#176; C (68&#176; F), unless a more effective control system is used.

(7)The owner or operator of a synthesized pharmaceutical facility subject to this Rule shall enclose all centrifuges, rotary vacuum filters, and other filters which process liquids containing VOC with vapor pressures of 3.50 kPa (0.5 psia) or more at 20&#176; C (68&#176; F).

(8)The owner or operator of a synthesized pharmaceutical facility subject to this Rule shall install covers on all in-process tanks containing a VOC at any time. These covers must remain closed, unless production, sampling, maintenance, or inspection procedures require operator access.

(9)The owner or operator of a synthesized pharmaceutical manufacturing facility subject to this Rule shall repair all leaks from which a liquid, containing VOC, can be observed running or dripping. The repair shall be completed the first time the equipment is off-line for a period of time long enough to complete the repair.

Author: Wm. Gerald Hardy

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: April 19, 1984. Amended: Filed October 17, 1996; effective November 21, 1996.

(Repealed - Reserved)

Author: Wm. Gerald Hardy

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: April 19, 1984. Repealed: Filed October 17, 1996; effective November 21, 1996.

(1)For the purpose of this Rule, the following definitions apply:

(a)"Air Sticker" shall mean a sticker to be affixed to a gasoline tank truck, representing issuance of an Air Permit and that the gasoline tank truck has been demonstrated during its most recent annual vapor leak testing to be leakfree.

(b)"Bottom Filling" shall mean the filling of a tank truck or stationary storage tank through an opening that is flush with the tank bottom.

(c)"Gasoline" shall mean a petroleum distillate having a Reid vapor pressure of 27.6 kPa (4 psia) or greater that is used as fuel for internal combustion engines.

(d)"Gasoline Tank Truck" shall mean tank trucks or trailers equipped with a storage tank and used for the transport of gasoline from sources of supply to stationary storage tanks of gasoline dispensing facilities, bulk gasoline plants or bulk gasoline terminals.

(e)"Gasoline Dispensing Facility" shall mean any site where gasoline is dispensed to motor vehicle gasoline tanks from stationary storage tanks.

(f)"Bulk Gasoline Terminal" shall mean a gasoline storage facility which receives gasoline from refineries primarily by pipeline, ship, or barge, and delivers gasoline to bulk gasoline plants or to commercial or retail accounts primarily by tank truck; and has a daily throughput of more than 76,000 liters (20,000 gallons) of gasoline in any calendar month.

(g)"Bulk Gasoline Plant" shall mean a gasoline storage and distribution facility with an average daily throughput of 76,000 liters (20,000 gallons) or less in any calendar month which receives gasoline from bulk terminals by trailer transport, stores it in tanks, and subsequently dispenses the gasoline via account trucks to local farms, businesses, and gasoline dispensing facilities.

(h)"Vapor Collection System" shall mean a vapor transport system which uses direct displacement by the gasoline being transferred to force vapors from the vessel being loaded into either a vessel being unloaded or a vapor control system or vapor holding tank.

(i)"Vapor Control System" shall mean a system that prevents release to the atmosphere of at least ninety percent (90%) by weight of organic compounds in the vapors displaced from a vessel during transfer of gasoline.

(2)This Rule is applicable to all vapor collection and control systems at bulk plants, bulk terminals, and gasoline dispensing facilities required by Rules 335-3-6-.05, .06 and .07, and to all vapor collection systems on gasoline tank trucks affected by these Rules.

(3)After October 1, 1991, no person shall allow a gasoline tank truck subject to this Rule to be filled or emptied unless the gasoline tank truck has:

(a)a vapor collection system that meets the test requirements of subparagraph (4)(a) of this Rule; and

(b)a valid Department Air Sticker attached and visibly displayed; or,

(c)a valid Jefferson County Department of Health Air Sticker attached and visibly displayed.

(4)Air Permits for Gasoline Tank Trucks.

(a)The owner or operator of a vapor collection system subject to this Rule shall not load or cause to be loaded the said gasoline tank truck without a valid Air Sticker for the gasoline tank truck. An Air Permit and Air Sticker shall be issued by the Department for the gasoline tank truck upon receipt of appropriate documentation from the owner or operator documenting that the gasoline tank truck has been leak checked by the test method referenced in Rule 335-3-6-.16(12)(c) and has during the test sustained a pressure change of no more than 0.750 kPa (3 inches of H20) within five (5) consecutive minutes when pressurized to a gauge pressure of 4.50 kPa (18 inches of H2O) and, when evacuated to a gauge pressure of 1.50 kPa (6 inches of H20) during the testing.

(b)Any owner or operator obtaining an Air Permit and Air Sticker from the Jefferson County Department of Health shall not be required to obtain an additional Air Permit and Air Sticker from the Department.

(c)The Air Sticker shall be renewed annually upon successful demonstration by the owner or operator that the gasoline tank truck has been leak checked and passed the requirements of subparagraph (a) of this paragraph above.

(d)The owner or operator shall display the Air Sticker near the Department of Transportation Certification plate required by 49 CFR 178.340-10b.

(5)The owner or operator of a vapor collection system at a bulk plant, bulk terminal, gasoline dispensing facility or gasoline tank truck subject to this Rule shall:

(a)design and operate the vapor collection system and the gasoline loading equipment in a manner that prevents:

1.gauge pressure from exceeding 4.50 kPa (18 inches of H20) and vacuum from exceeding 1.50 kPa (6 inches of H20) in the gasoline tank truck;

2.a reading equal to or greater than one hundred percent (100%) of the lower explosive limit (LEL, measured as propane) at 2.5 centimeters from all points on the perimeter of a potential leak source when measured by the method referenced in Rule 335-3-6-.16(12) during loading or unloading operations at gasoline dispensing facilities, bulk plants and bulk terminals; and

3.avoidable visible liquid leaks during loading or unloading operations at gasoline dispensing facilities, bulk plants and bulk terminals;

(b)and within fifteen (15) days, repair and retest a vapor collection or control system that exceeds the limit in subparagraph (a)2. of this paragraph.

(6)The Director may, at any time, monitor a gasoline tank truck, vapor collection system or vapor control system to confirm continuing compliance with paragraphs (3), (4) and (5) of this Rule. Monitoring to confirm the continuing existence of leak-tight conditions shall be consistent with the procedures described in Appendix B of the OAQPS Guideline Series document, "Control of Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems," EPA-450/2-78-051.

(7)Each vapor-laden gasoline tank truck shall be designed and maintained to be vapor-tight during loading, unloading operations, and transport with the exception of normal pressure/vacuum venting as required by DOT regulations.

Author: Wm. Gerald Hardy

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: April 19, 1984. Amended: November 1, 1990. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)For the purpose of this Rule, the following definitions apply:

(a)"Petroleum refinery" shall mean any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation, cracking, extraction, or reforming of unfinished petroleum derivatives.

(b)"Leaking component" shall mean any source which has a VOC concentration exceeding 10,000 parts per million by volume when tested in the manner described in Rule 335-3-6-.16(13). These sources include, but are not limited to, pumping seals, compressor seals, seal oil degassing vents, pipeline valves, flanges and other connections, pressure relief devices, process drains, and open ended pipes. Excluded from these sources are valves which are not externally regulated.

(c)"Liquid service" shall mean equipment which processes, transfers or contains a VOC or mixture of VOCs in the liquid phase.

(d)"Gas service" shall mean equipment which processes, transfers or contains a VOC or mixture of VOCs in the gaseous phase.

(e)"Valves not externally regulated" shall mean valves that have no external controls, such as in-line check valves.

(f)"Refinery unit" shall mean a set of components which are a part of a basic process operation, such as, distillation, hydrotreating, cracking or reforming of hydrocarbons.

(2)This Rule applies to all petroleum refineries.

(3)The owner or operator of a petroleum refinery complex subject to this regulation shall develop and conduct a monitoring program consistent with paragraphs (7) through (14) of this Rule, inclusive.

(4)The owner or operator of a petroleum refinery complex, upon detection of a leaking component, which has a VOC concentration exceeding 10,000 parts per million by volume when tested in the manner described in Rule 335-3-6-.16(13), shall:

(a)include the leaking component on a written list of scheduled repairs within twenty-four (24) hours; and,

(b)repair and retest the component within fifteen (15) days unless the leaking component cannot be repaired until the unit is shutdown for turnaround.

(5)Except for safety pressure relief valves, no owner or operator of a petroleum refinery shall install a valve at the end of a pipe or line containing VOCs unless the pipe or line is sealed with a second valve, a blind flange, a plug, or a cap. The sealing device may be removed only when the line is in use (i.e., when a sample is being taken).

(6)No owner or operator of a petroleum refinery shall operate a pipeline valve or pressure relief valve in gaseous VOC service unless it is marked in some manner that will be readily obvious to both refinery personnel performing monitoring and the Director.

(7)The owner or operator of a petroleum refinery shall maintain a leaking components monitoring log which shall contain, at a minimum, the following data:

(a)The name of the process unit where the component is located.

(b)The type of component (e.g., valve, seal).

(c)The tag number of the component.

(d)The date on which a leaking component is discovered.

(e)The date on which a leaking component is repaired.

(f)The date and instrument reading of the recheck procedure after a leaking component is repaired.

(g)A record of the calibration of the monitoring instrument.

(h)Those leaks that cannot be repaired until turnaround.

(i)The total number of components checked and the total number of components found leaking.

(8)Copies of the monitoring log shall be retained by the owner or operator for a minimum of 2 years after the date on which the record was made or the report prepared.

(9)Copies of the monitoring log shall immediately be made available to the Director, upon verbal or written request, at any reasonable time.

(10)The owner or operator of a petroleum refinery, upon the completion of each yearly and/or quarterly monitoring procedure, shall:

(a)Submit a report to the Director by the 15th day, of January, April, July, and October that lists all leaking components that were located during the previous 3 calendar months but not repaired within 15 days, all leaking components awaiting unit turnaround, the total number of components inspected and the total number of components found leaking.

(b)Submit a signed statement with the report attesting to the fact that, with the exception of those leaking components listed in subparagraph (a) of this paragraph all monitoring and repairs were performed as stipulated in the monitoring program.

(11)The Director, upon written notice, may modify the monitoring, recordkeeping and reporting requirements.

(12)The owner or operator of a petroleum refinery subject to this regulation shall conduct a monitoring program consistent with the following provisions:

(a)Monitor yearly by the methods referenced in Rule 335-3-6-.16(13), all

1.pump seals;

2.pipeline valves in liquid service; and

3.process drains.

(b)Monitor quarterly by the methods referenced in Rule 335-3-6-.16(13), all

1.compressor seals;

2.pipeline valves in gaseous service; and

3.pressure relief valves in gaseous service.

(c)Monitor weekly by visual methods all pump seals;

(d)Monitor immediately any pump seal from which liquids are observed dripping;

(e)Monitor any relief valve within twenty-four (24) hours after it has vented to the atmosphere; and

(f)Monitor immediately after repair any component that was found leaking.

(13)Pressure relief devices which are connected to an operating flare header, vapor recovery device, inaccessible valves, storage tank valves, and valves that are not externally regulated are exempt from the monitoring requirements in subparagraph (12) of this Rule above.

(14)The owner or operator of a petroleum refinery, upon the detection of a leaking component, shall affix a weatherproof and readily visible tag, bearing an identification number and the date the leak is located, to the leaking component. This tag shall remain in place until the leaking component is repaired.

Author: Wm. Gerald Hardy

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: April 19, 1984. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)For the purpose of this Rule, the following definitions apply:

(a)"Packaging rotogravure printing" shall mean printing upon paper, paper board, metal foil, plastic film, and other substrates, which are, in subsequent operations, formed into containers and labels for articles to be sold.

(b)"Publication rotogravure printing" shall mean printing upon paper which is subsequently formed into books, magazines, catalogues, brochures, directories, newspaper supplements, and other types of printed materials.

(c)"Flexographic printing" shall mean the application of words, designs and pictures to a substrate by means of a roll printing technique in which both the pattern to be applied is raised above the printing roll and the image carrier is made of rubber or other elastometric materials.

(d)"Roll printing" shall mean the application of words, designs and pictures to a substrate usually by means of a series hard rubber or steel rolls each with only partial coverage.

(e)"Rotogravure printing" shall mean the application of words, designs and pictures to a substrate by means of a roll printing technique which involves an intaglio or recessed image areas in the form of cells.

(2)This Rule will apply to packaging rotogravure, printing rotogravure, and flexographic printing facilities.

(3)No owner or operator of a packaging rotogravure, printing rotogravure or flexographic printing facility subject to this Rule and employing solvent containing ink may operate, cause, allow or permit the operation of the facility unless:

(a)The volatile fraction of ink, as it is applied to the substrate, contains twenty-five percent (25%) by volume or less of organic solvent and seventy-five percent (75%) by volume or more of water;

(b)The facility prints with ink which contains sixty percent (60%) by volume or more nonvolatile material; or,

(c)The owner or operator installs and operates:

1.A carbon adsorption system which reduces the volatile organic emissions from the capture system by at least ninety percent (90%) by weight;

2.An incineration system which oxidizes at least ninety percent (90%) of the nonmethane VOCs (VOC measured as total combustible carbon) to carbon dioxide and water; or,

3.An alternative VOC emission reduction system demonstrated to have at least a ninety percent (90%) reduction efficiency, measured across the control system, that has been approved by the Director.

(4)A capture system must be used in conjunction with the emission control systems in subparagraph (3)(c) of this Rule. The design and operation of a capture system must be consistent with good engineering practice, and shall be required to provide for an overall reduction in VOC emissions of at least:

(a)seventy-five percent (75%) where a publication rotogravure process is employed;

(b)sixty-five percent (65%) where a packaging rotogravure process is employed; or,

(c)sixty percent (60%) where a flexographic printing process is employed.

Author: Wm. Gerald Hardy

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 2-22A-8.

History: Effective Date: April 19, 1984. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)For the purpose of this Rule, the following definitions apply:

(a)"Condensate" shall mean hydrocarbon liquid separated from natural gas which condenses due to changes in the temperature and/or pressure and remains liquid at standard conditions.

(b)"Crude Oil" shall mean a naturally occurring mixture which consists of hydrocarbons and sulfur, nitrogen and/or oxygen derivatives of hydrocarbons which is a liquid in the reservoir at standard conditions.

(c)"Custody Transfer" shall mean the transfer of produced crude oil and/or condensate, after processing and/or treating in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other forms of transportation.

(d)"External Floating Roof" shall mean a storage vessel cover in an open top tank consisting of a double deck or pontoon single deck which rests upon and is supported by the petroleum liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank wall.

(e)"Liquid-Mounted Seal" shall mean a primary seal mounted in continuous contact with the liquid between the tank wall and the floating roof around the circumference of the tank.

(f)"Petroleum Liquids" mean crude oil, condensate, and any finished or intermediate products manufactured or extracted in a petroleum refinery.

(g)"Vapor-Mounted Seal" shall mean any primary seal mounted continuously around the circumference of the tank. The annular vapor space is bounded by the bottom of the primary seal, the tank wall, the liquid surface, and the floating roof.

(h)"Waxy, Heavy Pour Crude Oil" shall mean a crude oil with a pour point of 10&#176; C (50&#176; F) or higher as determined by the American Society for Testing Materials Standard D 97-66, "Test for Pour Point of Petroleum Oils."

(2)This Rule shall apply to all petroleum liquid storage vessels equipped with external floating roofs, having capacities greater than 150,000 liters (40,000 gallons).

(3)This Rule does not apply to petroleum liquid storage vessels which:

(a)are used to store waxy, heavy pour crude oil;

(b)have capacities less than 1,600,000 liters (423,000 gallons) and are used to store produced crude oil and condensate prior to custody transfer;

(c)contain a petroleum liquid with a true vapor pressure of less than 10.5 kPa (1.5 psia);

(d)contain a petroleum liquid with a true vapor pressure less than 27.6 kPa (4.0 psia); and,

1.are of welded construction; and,

2.presently possess a metallic-type shoe seal, a liquid-mounted foam seal, a liquid-mounted liquid filled type seal, or other closure device of demonstrated equivalence approved by the Director; or,

(e)are of welded construction, equipped with a metallic-type shoe primary seal and has a secondary seal from the top of the shoe seal to the tank wall (shoe-mounted secondary seal).

(4)No owner or operator of a petroleum liquid storage vessel subject to this Rule shall store a petroleum liquid in that vessel unless:

(a)the vessel has been fitted with:

1.a continuous secondary seal extending from the floating roof to the tank wall (rim-mounted secondary seal); or

2.a closure or other device which controls VOC emissions with an effectiveness equal to or greater than a seal required under subparagraph (a)1. of this paragraph above, as approved by the Director.

(b)All seal closure devices meet the following requirements:

1.there are no visible holes, tears, or other openings in the seal(s) or seal fabric;

2.the seal(s) are intact and uniformly in place around the circumference of the floating roof between the floating roof and tank wall; and

3.for vapor mounted seals, the area of accumulated gaps between the secondary seal and the tank wall are determined by the method in Rule 335-3-6-.16(8)(c), and shall not exceed 21.2 square centimeters per meter of tank diameter (1.0 square inch per foot of tank diameter)

(c)All openings in the external floating roof, except for automatic bleeder vents, rim space vents, and leg sleeves, are:

1.equipped with covers, seals, or lids in the closed position except when the openings are in actual use; and

2.equipped with projections into the tank which remain below the liquid surface.

(d)Automatic bleeder vents are closed at all times except when the roof is floated off or landed on the roof leg supports;

(e)Rim vents are set to open when the roof is being floated off the leg supports or at the manufacturer's recommended setting; and,

(f)Emergency roof drains are provided with slotted membrane fabric covers or equivalent covers which cover at least ninety percent (90%) of the area of the opening.

(5)The owner or operator of a petroleum liquid storage vessel with an external floating roof subject to this Rule shall:

(a)perform routine inspections semi-annually in order to ensure compliance with paragraph (4) of this Rule, and the inspections shall include a visual inspection of the secondary seal gap;

(b)measure the secondary seal gap annually in accordance with Rule 335-3-6-.16(8) when the floating roof is equipped with a vapor-mounted primary seal; and,

(c)maintain records of the throughput quantities and types of volatile petroleum liquids stored.

(6)The owner or operator of a petroleum liquid storage vessel with an external floating roof not subject to this Rule, but containing a petroleum liquid with a true vapor pressure greater than 7.0 kPa (1.0 psia), shall maintain records of the average monthly storage temperature, the type of liquid, throughput quantities, and the maximum true vapor pressure for all petroleum liquids with a true vapor pressure greater than 7.0 kPa.

(7)The owner or operator of a petroleum liquid storage vessel subject to this Rule shall submit to the Director, as a minimum, an annual report detailing the results of routine monthly inspections, secondary seal gap measurements, and the amounts and physical properties of stored liquids.

(8)Copies of all records and reports under paragraphs (5), (6), and (7) of this Rule shall be retained by the owner or operator for a minimum of two (2) years after the date on which the record was made or the report submitted.

Author: Wm. Gerald Hardy

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: April 19, 1984. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)The provisions of Rules 335-3-6-.24 through 335-3-6-.52 of this Chapter shall apply to all sources of Volatile Organic Compounds (VOC) in accordance with schedules contained in Rule 335-3-6-.36 except:

(a)sources specifically exempted under any Rule of this Chapter through annual operating, production, or potential VOC emissions rates.

(b)sources used exclusively for chemical or physical analysis or determination of product quality and commercial acceptance provided:

1.the operation of the sources is not an integral part of the production process; and

2.the emissions from sources do not exceed 363 kilograms (800 pounds) in any calendar month;

(2)Fifty-five (55) gallons of all low-use coatings in the aggregate may be exempted on a plantwide basis (not per point emissions source) from regulation under Rules 335-3-6-.25 through .53 provided the following conditions are complied with:

(a)prior written approval from the Director is obtained,

(b)all applicable air permits contain permit provisos requiring recordkeeping in accordance with Rule 335-3-6-.32(12), and

(c)the fifty-five (55) gallon usage rate is based on an annual rolling average.

(d)"Low-use coating" shall mean a coating or an aggregate of coatings used in quantities of 55 gallons or less per year for intermittent or specialty-type operations within a single facility. Yearly usage is based on an annual rolling average.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: June 9, 1987. Amended: Effective Date: September 21, 1989; July 31, 1991. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)No person shall use any compartment of any single or multiple compartment VOC water separator which receives effluent water containing 1,000 gallons a day or more of any VOC from processing, refining, treating, storing, or handling VOCs, unless such compartment is equipped with one of the following vapor loss control devices, properly installed, in good working order, and in operation:

(a)a container having all openings sealed and totally enclosing the liquid contents. All gauging and sampling devices shall be gastight, except when gauging or sampling is performed.

(b)a container equipped with a floating roof consisting of a pontoon type, double-deck type roof or internal floating cover which shall rest on the surface of the contents and be equipped with a closure seal or seals to close the space between the roof edge and containing walls. All gauging or sampling devices shall be gas-tight, except when gauging or sampling is performed.

(c)a container equipped with a vapor recovery system consisting of a vapor gathering system capable of collecting the VOC vapors and gases dispersed and a vapor disposal system capable of processing such VOC vapors and gases so as to prevent their emission into the atmosphere. All container gauging and sampling devices shall be gastight, except when gauging or sampling is performed.

(d)a container having other equipment of equal efficiency for purposes of air pollution control as may be approved by the Director.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: June 19, 1987. Amended:

(1)For the purposes of this Rule, any stationary storage tank containing a VOC with a true vapor pressure of 1.5 pounds per square inch absolute or greater (78 mmHg) under actual storage conditions shall be subject to this Rule.

(2)No person shall:

(a)place, store, or hold in any stationary storage vessel of more than 1,000-gallon capacity any VOC unless such vessel is a pressure tank or is equipped with a permanent submerged fill pipe or bottom fill pipe (storage vessels in existence prior to January 30, 1973 may employ portable submerged fill pipe).

(b)place, store, or hold in any stationary storage vessel of more than 40,000 gallon capacity any VOC unless such vessel is equipped with one of the following vapor loss control devices, as appropriate:

1.Liquids of intermediate volatility (liquids having a true vapor pressure under actual storage conditions of greater than 1.5 psia (78 mmHg) but not greater than 11.1 psia (570 mmHg)) shall be stored in vessels equipped with a floating roof or a vapor recovery system or an equivalent control system. A floating roof may be a double-deck, or flexible single-deck, pontoon-type cover which rests upon and is supported by the stored liquid, and shall be equipped with a closure seal or seals to close the space between the roof edge and the tank wall. All tank gauging or sampling devices shall be airtight except when sampling or tank gauging is performed.

2.Liquids of high volatility (liquids having a true vapor pressure under actual storage conditions of greater than 11.1 psia (570 mmHg)) shall be stored in vessels equipped with vapor recovery systems or equivalent vapor control systems. A vapor recovery system includes a system of collecting vapors and gases so as to prevent their emissions to the atmosphere. All tank gauging or sampling devices shall be airtight except when sampling or tank gauging is performed.

3.Other equipment of equal efficiency for purposes of air pollution control as may be approved by the Director.

(c)Load any VOCs into any gasoline tank truck or trailer having a capacity in excess of two hundred (200) gallons from any terminal or bulk storage facility unless such terminal or facility is:

1.equipped with:

(i)a vapor collection system or its equivalent, properly installed, in good working order, with a loading arm equipped with a vapor collection adaptor of pneumatic, hydraulic, or other mechanical means which will provide a vapor-tight seal between the adaptor and the hatch; or

(ii)a loading system which will result in a submerged fill either with a submerged fill pipe or by loading from the bottom, and with loading lines equipped with fittings which make vapor-tight connections and which will close automatically when disconnected; and

2.for hatch-loading, equipped with a means to prevent liquid organic compound drainage from the loading device when it is removed from the hatch of any transport vessel or transport container.

(3)This Rule shall not apply to crude petroleum produced, separated, treated, or stored in the field.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: June 9, 1987. Amended: Effective Date: September 21, 1989; July 31, 1991.

(1)For the purpose of this Rule, the following definitions apply:

(a)"Condensate" means hydrocarbon liquid separated from natural gas which condenses due to changes in the temperature and/or pressure and remains liquid at standard conditions.

(b)"Crude Oil" means a naturally occurring mixture which consists of hydrocarbons and/or sulfur, nitrogen and/or oxygen derivatives of hydrocarbons and which is a liquid in the reservoir at standard conditions.

(c)"Custody Transfer" means the transfer of produced crude oil and/or condensate, after processing and/or treating in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other form of transportation.

(d)"External Floating Roof" means a storage vessel cover in an open top tank consisting of a double deck or pontoon single deck which rests upon and is supported by the petroleum liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell.

(e)"Internal Floating Roof" means a cover or roof in a fixed roof tank which rests upon or is floated upon the petroleum liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell.

(f)"Petroleum Liquids" mean crude oil, condensate, and any finished or intermediate products manufactured or extracted in a petroleum refinery.

(g)"Petroleum Refinery" means any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation, cracking, extraction, or reforming of unfinished petroleum derivatives.

(2)This Rule shall apply to all fixed roof storage vessels with capacities greater than 151,416 liters (40,000 gallons) containing petroleum liquids whose true vapor pressure (TVP) is greater than 10.5 kPa (1.52 psia) under actual storage conditions. Vessels containing petroleum liquids whose TVP is equal to or less than 10.5 kPa (1.5 psia) are exempt, provided that records are maintained of the average monthly storage temperature and TVP of the petroleum liquid stored if the product has a stored TVP greater than 7.0 kPa (1.0 psia).

(3)This Rule shall not apply to the following petroleum liquid storage vessels:

(a)equipped with external floating roofs before July 1, 1979; and

(b)having capacities less than 1,601,224 liters (423,000 gallons) used to store produced crude oil and condensate prior to lease custody transfer.

(4)Except as provided under paragraph (3) of this Rule, no owner or operator of an affected source under paragraph (2) of this Rule shall permit the use of such source unless:

(a)the source has been retrofitted with an internal floating roof equipped with a closure seal or seals to close the space between the roof edge and tank wall; or

(b)the source has been retrofitted with equally effective alternative control equipment, approved by the Director;

(c)the source is maintained such that there are no visible holes, tears, or other openings in the seal or any seal fabric or materials; and

(d)all openings, except stub drains, are equipped with covers, lids, or seals such that:

1.the cover, lid, or seal is in the closed position at all times except when in actual use;

2.automatic bleeder vents are closed at all times except when the roof is floated off or landed on the roof leg support; and

3.rim vents, if provided, are set to open when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting; and

(e)routine inspections are conducted through roof hatches once every six months; and

(f)a complete inspection of cover and seals is conducted whenever the tank is emptied for nonoperational reasons.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: June 9, 1987. Amended: Effective Date: July 31, 1991. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)For the purpose of this Rule, the following definitions apply:

(a)"Bottom Filling" means the filling of a gasoline tank truck or stationary storage tank through an opening that is flush with the tank bottoms.

(b)"Bulk Gasoline Plant" means a gasoline storage and distribution facility with an average daily throughput equal to or less than 75,708 liters (20,000 gallons) of gasoline per day averaged over the work days in one calendar year which receives gasoline from bulk terminals by gasoline tank truck or trailer, stores it in tanks, and subsequently dispenses it via account trucks to local farms, businesses, and gasoline dispensing facility.

(c)"Splash Filling" means the filling of a gasoline tank truck or stationary tank through a pipe or hose whose discharge opening is above the surface level of the liquid in the tank being filled.

(d)"Vapor Balance System" means a combination of pipes or hoses which create a closed system between the vapor spaces of an unloading and a receiving tank such that vapors displaced from the receiving tank are transferred to the tank being unloaded.

(2)This Rule shall apply to the unloading, loading, and storage operations of all bulk gasoline plants and all gasoline tank trucks or trailers delivering or receiving gasoline at bulk gasoline plants, except stationary storage tanks of less than 3,785 liters (1,000 gallons) capacity.

(3)Except as provided under paragraph (2) of this Rule, no owner or operator of a bulk gasoline plant shall permit stationary storage tanks to load or unload gasoline unless each tank is equipped with vapor balance system as described under paragraph (6) of this Rule and approved by the Director; and

(a)each tank is equipped with a submerged or bottom fill pipe, approved by the Director; or

(b)each tank is equipped with a fill line whose discharge opening is not over 18 inches from the bottom of the tank.

(4)Except as provided under paragraph (2) of this Rule, no owner or operator of a bulk gasoline plant, gasoline tank truck, or trailer shall permit the loading or unloading of gasoline tank trucks or trailers at a bulk gasoline plant unless each gasoline tank truck or trailer is equipped with a vapor balance system as described under paragraph (6) of this Rule and complies with Rule 335-3-6-.41(3); and

(a)equipment is available at the bulk gasoline plant to provide for the submerged filling of each gasoline tank truck or trailer; or

(b)each gasoline tank truck or trailer is equipped for bottom filling.

(5)No owner or operator of a bulk gasoline plant, gasoline tank truck, or trailer shall permit the transfer of gasoline between gasoline tank truck or trailer and a stationary storage tank unless:

(a)the transfer is conducted in accordance with paragraphs (3) and (4) of this Rule;

(b)the vapor balance system is in good working order and is connected and operating;

(c)gasoline tank truck or trailer hatches are closed and vapor-tight at all times during loading operations;

(d)there are no leaks in the gasoline tank trucks' and trailers' pressure/vacuum relief valves and hatch covers, or the truck tanks or storage tanks, or associated vapor and liquid lines during loading or unloading;

(e)the pressure relief valves on stationary storage vessels and gasoline tank trucks or trailers are set to release at no less than 4.8 kPa (0.7 psia) or the highest possible pressure (in accordance with state or local fire codes or the National Fire Prevention Association guidelines); and

(f)the gasoline tank truck or trailer has a valid Jefferson County Department of Health Air Sticker as required by Rule 335-3-6-.41(4) attached and visibly displayed.

(6)Vapor balance system required under paragraphs (3) and (4) of this Rule shall consist of the following major components:

(a)a vapor space connection on the stationary storage tank equipped with fittings which are vapor-tight and will automatically and immediately close upon disconnection so as to prevent release of organic compounds;

(b)a connecting pipe or hose equipped with fittings which are vapor-tight and will automatically and immediately close upon disconnection so as to prevent release of organic compounds; and

(c)a vapor space connection on the gasoline tank truck or trailer equipped with fittings which are vapor-tight and will automatically and immediately close upon disconnection so as to prevent release of organic material.

(7)No owner or operator of a bulk gasoline plant shall permit the disposal of waste gasoline in sewers, open containers or in a manner that would result in evaporation.

(8)The owner or operator of a gasoline bulk plant subject to this Rule shall:

(a)maintain records of the annual throughput quantities and types of volatile petroleum liquids stored in each storage tank;

(b)maintain a daily record of all gasoline tank trucks or trailers loaded or unloaded and the Jefferson County Department of Health Air Sticker number of each gasoline tank truck or trailer;

(c)submit to the Director as a minimum, an annual summary report of the records required under subparagraph (a) of this paragraph; and

(d)copies of all records and reports required under subparagraph (b) of this paragraph shall be available to representatives of the Director upon request and shall be retained by the owner or operator for a minimum of two (2) years after the date on which the record was made.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: June 9, 1987. Amended: Effective Date: July 31, 1991. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)For the purpose of this Rule, the following definitions apply:

(a)"Bulk Gasoline Terminal" means a gasoline storage facility which receives gasoline from its supply source primarily by pipelines, ships, barges and delivers gasoline to bulk gasoline plants or to commercial or retail accounts primarily by gasoline tank trucks and has an average daily throughput of more than 75,708 liters (20,000 gallons) of gasoline.

(2)This Rule shall apply to bulk gasoline terminals and the appurtenant equipment necessary to load the gasoline tank truck or trailer compartments.

(3)No person shall load gasoline into any gasoline tank truck or trailer from any bulk gasoline terminal unless:

(a)the bulk gasoline terminal is equipped with a vapor recovery equipment system capable of complying with paragraph (4) of this Rule, properly installed, in good working order, in operation, and consisting of one of the following:

1.an adsorber or condensation system which processes and recovers at least ninety percent (90%) by weight of all vapors and gases from the equipment being controlled;

2.a vapor collection system which directs all vapors to a fuel gas system; or

3.a control equipment system demonstrated to have control efficiency equivalent to or greater than subparagraphs (a)1. or (a)2. of this paragraph and approved by the Director; and

(b)all displaced vapors and gases are vented only to the vapor control system;

(c)a means is provided to prevent liquid drainage from the loading device when it is not in use or to accomplish complete drainage before the loading device is disconnected;

(d)all loading and vapor lines are equipped with fittings which make vapor-tight connections and which close automatically when disconnected; and

(e)the gasoline tank truck or trailer has a valid Jefferson County Department of Health Air Sticker as required by Rule 335-3-6-.41(4) attached and visibly displayed.

(4)Sources affected under subparagraph (3)(a) shall not allow mass emissions of VOCs from control equipment to exceed 80 milligrams per liter (4.7 grains per gallon) of gasoline loaded.

(5)Sources affected under paragraph (2) of this Rule shall not:

(a)allow the pressure in the vapor collection system to exceed the gasoline tank truck or trailer pressure relief settings; nor

(b)allow the disposal of waste gasoline in sewers, open containers or in a manner that would result in evaporation.

(6)The owner or operator of a gasoline bulk terminal subject to this Rule shall:

(a)maintain records of the annual throughput quantities and types of petroleum liquids stored in each storage tank;

(b)maintain a daily record of all gasoline tank trucks or trailers loaded or unloaded and the Jefferson County Department of Health Air Sticker number of each gasoline tank truck or trailer;

(c)submit to the Director as a minimum, an annual summary report of the records required under subparagraph (a) of this paragraph; and

(d)copies of all records and reports required under subparagraph (b) of this paragraph shall be available to representatives of the Director upon request and shall be retained by the owner or operator for a minimum of two (2) years after the date on which the record was made.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: June 9, 1987. Amended: Effective Date: July 31, 1991. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)For the purpose of this Rule, the following definitions apply:

(a)"Gasoline Tank Truck" means tank trucks or trailers equipped with a storage tank and used for the transport of gasoline from sources of supply to stationary storage tanks of gasoline dispensing facilities.

(b)"Gasoline Dispensing Facility" means any outlet where gasoline is dispensed to motor vehicle gasoline tanks from stationary storage tanks.

(c)"Vapor Balance System (Stage I)" means a vapor-tight system that transfers the vapors displaced from the stationary storage tanks to the gasoline tank truck.

(d)"Average Monthly Throughput of Gasoline" means the average monthly throughput for the last previous months of June, July, and August during full operation.

(2)This Rule shall apply to all gasoline dispensing facilities except:

(a)transfers made to storage tanks or gasoline dispensing facilities equipped with floating roofs or their equivalent;

(b)transfers made to stationary gasoline storage tanks of less than 3,785 liters (1,000 gallons) capacity in place before July 1, 1979 and of less than 946 liters (250 gallons) installed after July 1, 1979;

(c)stationary gasoline storage containers of less than 2,082 liters (550 gallons) capacity used exclusively for the fueling of implements of husbandry, provided the containers are equipped with submerged fill pipe; and

(d)any existing facility with an average monthly throughput of gasoline of less than 4,000 gallons, provided that all gasoline storage tanks that are not exempted under subparagraphs (a), (b), and (c) of this paragraph are equipped with a submerged fill pipe.

(3)No owner or operator shall transfer, cause, or allow the transfer of gasoline from any gasoline tank truck into any stationary storage tank subject to this Rule, unless the tank is equipped with a submerged fill pipe and the vapors displaced from the storage tank during filling are processed by a vapor control system in accordance with paragraph (4) of this Rule.

(4)The vapor control system required by paragraph (3) of this Rule shall include one or more of the following:

(a)a vapor balance system (Stage I) between the stationary storage tank and the gasoline tank truck and a system that will ensure the vapor line is connected before gasoline can be transferred into the tank;

(b)a refrigeration condensation system or equivalent designed to recover at least ninety percent (90%) by weight of the organic compounds in the displaced vapor; or

(c)a control equipment system demonstrated to have control efficiency equivalent to or greater than provided under subparagraph (b) of this paragraph and approved by the Director.

(5)Each owner or operator of a gasoline dispensing facility subject to this Rule shall:

(a)not permit the transfer of gasoline between a gasoline tank truck and a stationary storage tank unless the gasoline tank truck complies with Rule 335-3-6-.41 and the vapor control system is connected and operating in accordance with paragraph (4) of this Rule;

(b)maintain written records of the monthly throughput quantities in gallons and types of petroleum distillates in all stationary storage tanks;

(c)submit to the Director, as a minimum, an annual summary report of the record required under subparagraph (b) of this paragraph; and

(d)make available to representatives of the Director upon request copies of all records and reports required under subparagraphs (b) and (c) of this paragraph and retain the records and reports for a minimum of two (2) years after the date on which the documents were made.

(6)No owner or operator of a gasoline dispensing facility subject to this Rule shall cause or allow gasoline to be spilled, discarded in sewers, stored in open containers, or handled in any other manner that would result in evaporation of the gasoline to the atmosphere.

(7)Regardless of the applicability exemption under subparagraph (2)(d) of this Rule, all gasoline dispensing facilities that are subject to this Rule shall not disconnect an existing vapor balance system and shall maintain the system in proper working order in accordance with this Rule even if the facility's average monthly throughput of gasoline decreases to less than 4,000 gallons.

Author:

Statutory Authority: Code of Ala.1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: June 9, 1987. Amended: Effective Date: July 31, 1991. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Can Coating.

(a)For the purpose of this paragraph, the following definitions apply:

1."End Sealing Compound" means a synthetic rubber compound which is coated on to can ends and which functions as a gasket when the end is assembled on the can.

2."Exterior Base Coating" means a coating applied to the exterior of a can to provide exterior protection to the metal and to provide background for the lithographic or printing operation.

3."Interior Base Coating" means a coating applied by roller coater or spray to the interior of a can to provide a protective lining between the can metal and product.

4."Interior Body Spray" means a coating sprayed on the interior of the can to provide a protective film between the product and the can.

5."Overvarnish" means a coating applied directly over ink to reduce the coefficient of friction, to provide gloss, and to protect the finish against abrasion and corrosion.

6."Three-Piece Can Side-Seam Spray" means a coating sprayed on the exterior and interior of a welded, cemented, or soldered seam to protect the exposed metal.

7."Two-Piece Can Exterior End Coating" means a coating applied by roller coating or spraying to the exterior of a can to provide protection to the metal.

(b)This paragraph shall apply to coating applicator(s), flashoff area(s) and oven(s) of sheet, can, or end coating lines involved in sheet basecoat (exterior and interior) and overvarnish; two-piece can exterior (basecoat and overvarnish); two-piece and three-piece can interior body spray; two-piece can exterior end (spray or roll coat); three-piece can side-seam spray and end sealing compound operations.

(c)No owner or operator of a can coating line subject to this paragraph shall cause, allow, or permit the discharge into the atmosphere of any VOCs in excess of:

1.0.34 kilograms per liter of coating (2.8 pounds per gallon), excluding water, delivered to the coating applicator from sheet basecoat (exterior and interior) and overvarnish or two-piece can exterior (basecoat and overvarnish) operations;

2.0.51 kilograms per liter of coating (4.2 pounds per gallon), excluding water, delivered to the coating applicator from the two-piece and three-piece can interior body spray and two-piece can exterior end (spray or roll coat) operations;

3.0.66 kilograms per liter of coating (5.5 pounds per gallon), excluding water, delivered to the coating applicator from three-piece can side seam spray operations; and

4.0.44 kilograms per liter of coating (3.7 pounds per gallon), excluding water, delivered to the coating applicator from end sealing compound operations.

(2)Coil Coating.

(a)For the purpose of this paragraph, the following definitions apply:

1."Coil Coating" means the coating of any flat metal sheet or strip that comes in rolls or coils.

2."Quench Area" means a chamber where the hot metal exiting the oven is cooled by either a spray of water or a blast of air followed by water cooling.

(b)This paragraph shall apply to the coating applicator(s), oven(s), and quench area(s) of coil coating lines involved in prime and top coat or single coat operations.

(c)No owner or operator of a coil coating line subject to this paragraph shall cause, allow, or permit the discharge into the atmosphere of VOCs in excess of 0.31 kilograms per liter of coating (2.6 pounds per gallon), excluding water, delivered to the coating applicator from prime and topcoat or single coat operations.

(3)Metal Furniture Coating.

(a)For the purpose of this paragraph, the following definitions apply:

1."Application Area" means the area where the coating is applied by spraying, dipping, or flowcoating techniques.

2."Metal Furniture Coating" means the surface coating of any furniture made of metal or any metal part which will be assembled with other metal, wood, fabric, plastic, or glass parts to form a furniture piece.

(b)This paragraph shall apply to the application areas, flashoff area(s), and oven(s) of metal furniture coating lines involved in prime and topcoat or single coating operations.

(c)No owner or operator of a metal furniture coating line subject to this paragraph shall cause, allow, or permit the discharge into the atmosphere of any VOCs in excess of 0.36 kilograms per liter of coating (3.0 pounds per gallon), excluding water, delivered to the coating applicator from prime and topcoat or single coat operations.

(4)Surface Coating of Large Appliances.

(a)For the purpose of this paragraph, the following definitions apply:

1."Application Area" means the area where the coating is applied by spraying, dipping, or flowcoating techniques.

2."Single Coat" means a single film of coating applied directly to the metal substrate omitting the primer application.

3."Large Appliances" means doors, cases, lids, panels, and interior support parts of residential and commercial washers, dryers, ranges, refrigerators,

freezers, water heaters, dishwashers, trash compactors, air conditioners, and other similar products.

(b)This paragraph shall apply to application area(s), flashoff area(s), and oven(s) of large appliance coating lines involved in prime, single, or topcoat coating operations.

(c)This paragraph shall not apply to the use of quick-drying lacquers for repair of scratches and nicks that occur during assembly, provided that the volume of coating does not exceed 757 liters (200 gallons) in any one year.

(d)No owner or operator of a large appliance coating line subject to this paragraph shall cause, allow, or permit the discharge into the atmosphere of any VOCs in excess of 0.34 kilograms per liter of coating (2.8 pounds per gallon), excluding water, delivered to the coating applicator from prime, single, or topcoat coating operations.

(5)Reserved.

(6)Paper Coating.

(a)For the purpose of this paragraph, the following definitions apply:

1."Knife Coating" means the application of a coating material to a substrate by means of drawing the substrate beneath a knife that spreads the coating evenly over the full width of the substrate.

2."Paper Coating" means coatings put on paper and pressure sensitive tapes regardless of substrate. Related web coating processes on plastic film and decorative coatings on metal foil are included in this definition. Paper coating includes, but is not limited to, application by impregnation or saturation or by the use of roll, knife, or rotogravure coating.

3."Roll Coating" means the application of a coating material to a substrate by means of hard rubber or steel rolls.

4."Rotogravure Coating" means the application of a coating material to a substrate by means of a roll coating technique in which the pattern to be applied is etched on the coating roll. The coating material is picked up in these recessed areas and is transferred to the substrate.

(b)This paragraph shall apply to roll, knife, or rotogravure coater(s), flashoff areas, and drying ovens of paper coating lines. This paragraph shall also apply to other application and drying systems of paper coating lines.

(c)No owner or operator of a paper coating line subject to this paragraph shall cause, allow, or permit the discharge into the atmosphere of any VOCs in excess of 0.35 kilograms per liter of coating (2.9 pounds per gallon), excluding water, delivered to the coating applicator from a paper coating line.

(7)Fabric and Vinyl Coating.

(a)For the purpose of this paragraph, the following definitions apply:

1."Fabric Coating" means the coating of a textile substrate with a knife, roll, or rotogravure coater to impart properties that are not initially present, such as strength, stability, water or acid repellancy, or appearance. Fabric coating includes, but is not limited to, application by impregnation or saturation or by the use of roll, knife, or rotogravure coating.

2."Knife Coating" means the application of a coating material to a substrate by means of drawing the substrate beneath a knife that spreads the coating evenly over the full width of the substrate.

3."Roll Coating" means the application of a coating material to a substrate by means of hard rubber or steel rolls.

4."Rotogravure Coating" means the application of a coating material to a substrate by means of a roll coating technique in which the pattern to be applied is etched on the coating roll. The coating material is picked up in these recessed areas and is transferred to the substrate.

5."Vinyl Coating" means to apply a decorative or protective or functional topcoat or printing on vinyl coated fabric or vinyl sheets. Vinyl plastisol shall not be considered a vinyl coating when it is applied to a fabric to form the substrate that is subsequently coated.

(b)This paragraph shall apply to roll, knife, or rotogravure coater(s), flashoff areas, and drying ovens of fabric and vinyl coating lines. This paragraph shall also apply to other application and drying systems of fabric and vinyl coating lines.

(c)No owner or operator of a fabric coating line or a vinyl coating line subject to this paragraph shall cause, allow, or permit discharge into the atmosphere of any VOCs in excess of:

1.0.35 kilograms per liter of coating (2.9 pounds per gallon), excluding water, delivered to the coating applicator from a fabric coating line; and

2.0.45 kilograms per liter of coating (3.8 pounds per gallon), excluding water, delivered to the coating applicator from a vinyl coating line.

(8)Magnet Wire Coating.

(a)For the purpose of this paragraph, the following definition applies:

1."Magnet Wire Coating" means the process of applying a coating of electrically insulating varnish or enamel to aluminum or copper wire for use in electrical machinery.

(b)This paragraph shall apply to oven(s) of magnet wire coating operations.

(c)No owner or operator of a magnet wire coating oven subject to this paragraph shall cause, allow, or permit the discharge into the atmosphere of any VOCs in excess of 0.20 kilograms per liter of coating (1.7 pounds per gallon), excluding water, delivered to the coating applicator from magnet wire coating operations.

(9)Compliance Methods.

(a)The emission limits under this Rule may be achieved by:

1.the application of low solvent content coating technology; or

2.the installation and operation of a VOC capture system and a VOC control device system provided that each day the overall VOC emission reduction efficiency needed to demonstrate compliance with the applicable emission rate restriction is achieved; or

3.the application of powder coating technology; or

4.The Director may allow a coating line that has no add-on VOC control equipment to average two or more coatings under all the following conditions:

(i)The surface coating shall be for the same type of operation (source category) and shall be subject to the same regulated emission rate restriction; and

(ii)The surface coatings shall be delivered to the application system on the same coating line; and

(iii)The surface coatings shall be averaged on the basis of pounds of VOC emitted per gallon of coating solids applied to the substrate; and

(iv)The compliance demonstration time frame shall be a twenty-four (24) hour period (calendar day); and

(v)The VOC emissions shall be equal to or less than those emitted when all the surface coatings delivered to the application system comply with the applicable regulated VOC emission rate restriction.

(10)Flatwood Paneling.

(a)For the purpose of this paragraph, the following definitions apply:

1."Class II Hardboard Paneling Finish" means finishes which meet the specifications of Voluntary Product Standard PS-59-73 as approved by the American National Standards Institute.

2."Hardboard" means a panel manufactured primarily from inter-felted lino-cellulosic fibers which are consolidated under heat and pressure in a hot press.

3."Hardwood Plywood" means plywood whose surface layer is a veneer of hardwood.

4."Natural Finish Hardwood Plywood Panels" mean panels whose original grain pattern is enhanced by essentially transparent finishes frequently supplemented by filters and toners.

5."Thin Particle Board" is a manufactured board 1/4 inch or less in thickness made of individual wood particles which have been coated with a binder and formed into flat sheets by pressure.

6."Printed Interior Panels" mean panels whose grain or natural surface is obscured by fillers and basecoats upon which a simulated grain or decorative pattern is printed.

7."Tileboard" means paneling that has a colored waterproof surface coating.

8."Coating Application System" means all operations and equipment which apply, convey, and dry a surface coating, including, but not limited to, spray booths, flow coaters, conveyors, flashoff areas, air dryers, and ovens.

(b)This paragraph shall apply to all flatwood manufacturing facilities that manufacture the following products:

1.printed interior panels made of hardwood, plywood, and thin particle board;

2.natural finish hardwood plywood panels; or

3.hardboard paneling with Class II finishes.

(c)This paragraph shall not apply to the manufacture of exterior siding, tileboard, or particleboard used as a furniture component.

(d)No owner or operator of a flatwood manufacturing facility subject to this paragraph shall emit VOCs from a coating application system in excess of:

1.2.9 kilograms per 100 square meters of coated finished product (6.0 pounds per 1,000 square feet) from printed interior panels, regardless of the number of coats applied;

2.5.8 kilograms per 100 square meters of coated finished product (12.0 pounds per 1,000 square feet) from natural finish hardwood plywood panels, regardless of the number of coats applied; and

3.4.8 kilograms per 100 square meters of coated finished product (10.0 pounds per 1,000 square feet) from Class II finishes on hardboard panels, regardless of the number of coats applied.

(11)Miscellaneous Metal Parts and Products.

(a)For the purpose of this paragraph, the following definitions apply:

1."Air Dried Coating" means coatings which are dried by the use of air or forced warm air at temperatures up to 90&#176; C (194&#176; F).

2."Clear Coat" means a coating which lacks color and opacity or is transparent and uses the undercoat as a reflective base or undertone color and any coating used as an interior protective lining on any cylindrical metal shipping container of greater than one gallon capacity.

3."Coating Application System" means all operations and equipment which applies, conveys, and dries a surface coating, including, but not limited to, spray booths, flow coaters, flashoff areas, air dryers and ovens.

4."Extreme Environmental Conditions" means exposure to any one of the following; the weather all of the time, temperatures consistently above 95&#176; C (203&#176; F), detergents, abrasive and scouring agents, solvents, corrosive atmospheres, or similar environmental conditions.

5."Extreme Performance Coatings" means coatings designed for harsh exposure or extreme environmental conditions.

6."Heat Sensitive Material" means materials which cannot consistently be exposed to temperatures greater than 95&#176; C (203&#176; F).

7."Low Solvent Coating" means coatings which contain less organic solvent than the conventional coatings used by the industry. Low solvent coatings include water-borne, higher solids, electrodeposition and powder coatings.

8."Powder Coating" means any surface coating which is applied as a dry powder and is fused into a continuous coating film through the use of heat.

9."Single Coat" means one film of coating applied to a metal surface.

(b)This paragraph shall apply to coating of miscellaneous metal parts and products in the following industries:

1.large farm machinery (harvesting, fertilizing and planting machines, tractors, combines, etc.);

2.small farm machinery (lawn and garden tractors, lawn mowers, rototillers, etc.);

3.small appliances (fans, mixers, blenders, crock pots, dehumidifiers, vacuum cleaners, etc.);

4.commercial machinery (office equipment, computers and auxiliary equipment, typewriters, calculators, vending machines, etc.);

5.industrial machinery (pumps, compressors, conveyor components, fans, blowers, transformers, etc.);

6.fabricated metal products (metal covered doors, frames, etc.); and

7.any other industrial category which coats metal parts or products under the Standard Industrial Classification Code of Major Group 33 (primary metal industries), Major Group 34 (fabricated metal products), Major Group 35 (nonelectric machinery), Major Group 36 (electrical machinery), Major Group 37 (transportation equipment), Major Group 38 (miscellaneous instruments), Major Group 39 (miscellaneous manufacturing industries), Major Group 40 (railroad transportation), and Major Group 41 (transit passenger transportation).

(c)This paragraph shall not apply to the surface coating of the following metal parts and products:

1.automobiles and light-duty trucks;

2.metal cans;

3.flat metal sheets and strips in the form of rolls or coils;

4.magnet wire for use in electrical machinery;

5.metal furniture;

6.large appliances;

7.exterior of airplanes;

8.automobile refinishing;

9.customized coating of automobiles and trucks, if production is less than 35 vehicles per day and if the VOC emission rate from the customized coating operation does not exceed 60 tons per year based on an annual rolling average calculated at the end of each calendar month; and

10.exterior of marine vessels.

11.fabricated metal parts and products under the major Standard Industrial Classification Code of Group No. 34 if the VOC emissions rate is less than a potential ten tons per calendar year (10 TPY) before an add-on VOC control device.

(d)This paragraph shall apply to the application area(s), flashoff area(s), air and forced air dryer(s) and oven(s) used in the surface coating of the metal parts and products in subparagraph (b) of this paragraph. This paragraph also applies to prime coat, top coat, and single coat operations.

(e)No owner or operator of a facility engaged in the surface coating of miscellaneous metal parts and products shall operate a coating application system subject to this paragraph that emits VOCs in excess of:

1.0.52 kilograms per liter (4.3 pounds per gallon) of coating, excluding water, delivered to a coating applicator that applies clear coatings;

2.0.42 kilograms per liter (3.5 pounds per gallon) of coating, excluding water, delivered to a coating applicator in a coating application system that is air dried or forced warm air dried at temperatures up to 90&#176; C (194&#176; F);

3.0.42 kilograms per liter (3.5 pounds per gallon) of coating, excluding water, delivered to a coating applicator that applies extreme performance coatings;

4.0.36 kilograms per liter (3.0 pounds per gallon) of coating, excluding water, delivered to a coating applicator for all other coatings and coating application systems, excluding powder coating systems; and

5.0.05 kilograms per liter (0.4 pounds per gallon) of coating, excluding water, delivered to a coating applicator for all powder coating systems.

(f)If add-on control equipment is used, continuous monitors of the following parameters shall be installed, periodically calibrated, and operated at all times that the associated control equipment is operating:

1.exhaust gas temperature of all incinerators;

2.temperature rise across a catalytic incinerator bed;

3.breakthrough of VOC on a carbon adsorption unit; and

4.any other continuous monitoring or recording device required by the Director.

(12)Recordkeeping.

(a)The owner or operator of a coating line subject to the requirements in this Rule shall maintain as a minimum the following daily records to demonstrate compliance in the time frame required by any regulation under this Rule or Air Permit condition:

1.the quantity in gallons of all surface coatings delivered to the application system; and

2.the quantity in gallons of all organic liquid diluents (coating thinners and additives) added to the surface coatings; and

3.the quantity in gallons of all organic liquid solvents used for wash or cleanup; and

4.the quantity in gallons of all organic liquid waste properly contained and shipped out for proper disposal and a certification of the waste density and percent VOC content by weight; and

5.the date of each application of surface coatings and diluents and usage of wash and cleanup solvents; and

6.the regulation(s) applicable to the coating line for which the records are being maintained; and

7.the daily records shall be kept in the units necessary to verify compliance with the applicable regulations (i.e., pounds of VOC per gallon of coating delivered to the application system, excluding water and exempt VOC); and

8.the application method and the substrate material type; and

9.where applicable, the surface coating curing and/or drying oven temperature(s) in degrees Fahrenheit; and

10.where applicable, the continuous combustion temperature in degrees Fahrenheit of a thermal incinerator control system; and

11.where applicable, the temperature rise across the catalyst bed and exhaust temperature in degrees Fahrenheit of a catalytic incinerator control system; and

12.where applicable, the inlet and outlet temperature in degrees Fahrenheit of the cooling medium of a condenser control system; and

13.the following information on all surface coatings, and organic liquid solvents (diluents, additives, wash and cleanup):

(i)manufacturer (supplier); and

(ii)product name and manufacturer's code number; and

(iii)density (pounds per gallon); and

(iv)VOC content in percent weight and volume; and

(v)solids content in percent weight and volume; and

(vi)water content in percent weight and volume; and

(vii)exempt VOC content in percent weight and volume;

and

(viii)pounds of VOC per gallon of coating delivered to the application system, excluding water and exempt VOC.

(b)The compliance demonstration time frame for an individual coating line that applies coatings that are subject to the same regulated VOC emission rate under this Rule shall be a twenty-four (24) hour period (calendar day).

(c)The daily records required under subparagraph (a) of this paragraph shall be retained by the owner or operator at the location of the regulated source for a minimum of two years after the date of record and shall be available to representatives of the Director upon request.

(d)The recordkeeping provisions of subparagraph (a) of this paragraph shall not apply if the Director determines that alternative records would be sufficient to provide assurance that the source is operating in compliance on a twenty-four (24) hour basis and these alternative requirements are incorporated as permit conditions for the source. In no case can recordkeeping requirements be waived or the stringency of the emissions limit be relaxed.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: June 9, 1987. Amended: Effective Date: September 21, 1989, July 31, 1991, October 24, 1991. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)For the purpose of this Rule, the following definitions apply:

(a)"Cold Cleaning" means the batch process of cleaning and removing soils from metal surfaces by spraying, brushing, flushing or immersion while maintaining the solvent below its boiling point. Wipe cleaning is not included in this definition.

(b)"Conveyorized Degreasing" means the continuous process of cleaning and removing soils from metal surfaces by operating with either cold or vaporized solvents.

(c)"Freeboard Height" means for cold cleaner, the distance from the liquid solvent level or solvent drain in the degreaser tank to the lip of the tank. For vapor degreasers, it is the distance from the solvent vapor-air interface in the tank to the lip of the tank.

(d)"Freeboard Ratio" means the freeboard height divided by the width of the degreaser.

(e)"Open Top Vapor Degreasing" means the batch process of cleaning and removing soils from metal surfaces by condensing hot solvent vapor on the cold metal parts.

(f)"Solvent Metal Cleaning" means the process of cleaning soils from metal surfaces by cold cleaning or open top vapor degreasing or conveyorized degreasing.

(2)This Rule shall apply to cold cleaning, open top vapor degreasing and conveyorized degreasing operations.

(3)The provisions shall apply with the following EXCEPTION:

(a)Open top vapor degreasers with an open area smaller than one (1) square meter (10.8 square feet) shall be exempt from subparagraphs (5)(c)2. and 4. of this Rule.

(b)Conveyorized degreasers with an air/vapor interface smaller than 2.0 square meters (21.6 square feet) shall be exempt from subparagraph (6)(b) of this Rule.

(4)Except as provided under paragraph (3) of this Rule, the owner or operator of a cold cleaning device shall:

(a)equip the cleaner with a cover and the cover shall be so designed that it can be easily operated with one hand; if,

1.the solvent volatility is greater than 2 kPa (15

mm Hg or 0.3 psi) measured at 38&#176; C (100&#176; F); or

2.the solvent is agitated; or

3.the solvent is heated;

(b)equip the cleaner with a device for draining cleaned parts; and if the solvent volatility is greater than 4.3 kPa (32 mm Hg or 0.6 psi) measured at 38&#176; C (100&#176; F), construct the drainage device internally so that the parts are enclosed under the cover while draining, except that the drainage device may be external for applications where an internal type cannot fit into the cleaning system;

(c)if the solvent volatility is greater than 4.3 kPa (32 mm Hg or 0.6 psi) measured at 38&#176; C (100&#176; F) or if the solvent is heated above 50&#176; C (120&#176; F), install one of the following devices:

1.freeboard that gives a freeboard ratio greater than or equal to 0.7; or

2.water cover (solvent must be insoluble in and heavier than water); or

3.other equipment systems of equivalent control, such as refrigerated chiller or carbon adsorption, approved by the Director;

(d)provide a permanent, conspicuous label, summarizing the operating requirements;

(e)close the cover whenever parts are not being handled in the cleaner;

(f)drain the cleaned parts for at least 15 seconds or until dripping ceases;

(g)if used, supply a solvent spray that is a solid fluid stream (not a fine, atomized, or shower type spray) at a pressure which does not cause excessive splashing; and

(h)store waste solvent only in covered containers and not dispose of waste solvent or transfer it to another party, such that greater than twenty percent (20%) of the waste solvent (by weight) can evaporate into the atmosphere.

(5)Except as provided under paragraph (3) of this Rule, the owner or operator of an open top vapor degreaser shall;

(a)equip the vapor degreaser with a cover that can be opened and closed easily without disturbing the vapor zone; and

(b)provide the following safety switches:

1.a condenser flow switch and thermostat which shuts off the heat if the condenser coolant is either not circulating or too warm;

2.a spray safety switch which shuts off the spray pump if the vapor level drops more than 10 centimeters (4 inches) below the bottom of the condenser coil; and

3.a vapor level control thermostat which shuts off the heat when the level rises too high.

(c)install one of the following control devices:

1.a freeboard ratio of greater than or equal to 0.75 and a powered or mechanically assisted cover if the degreaser opening is greater than 1 square meter (10.8 square feet); or

2.refrigerated chiller; or

3.enclosed design (cover or door opens only when the dry part is actually entering or exiting the degreaser); or

4.carbon adsorption system, with ventilation greater than or equal to 15 cubic meters per minute per square meter (50 cubic feet per minute per square foot) of air/vapor area (when cover is open) and exhausting less than 25 parts per million of solvent averaged over one complete adsorption cycle; or

5.a control equipment system, demonstrated to have control efficiency equivalent to or greater than any of the above and approved by the Director;

(d)keep the cover closed at all times except when processing work loads through the degreaser;

(e)minimize solvent carryout by:

1.racking parts to allow complete drainage;

2.moving parts in and out of the degreaser at less than 3.3 meters per minute (11 feet per minute);

3.holding the parts in the vapor zone at least 30 seconds or until condensation ceases;

4.tipping out any pools of solvent on the cleaned parts before removal from the vapor zone;

5.allowing parts to dry within the degreaser for at least 15 seconds or until visually dry;

(f)not degrease porous or absorbent materials, such as cloth, leather, wood or rope;

(g)not occupy more than half of the degreaser's open top area with a workload;

(h)not load the degreaser to the point where the vapor level would drop more than 10 centimeters (4 inches) below the bottom of the condenser coil when the workload is lowered into the vapor zone;

(i)always spray below the vapor level;

(j)repair solvent leaks immediately, or shutdown the degreaser;

(k)store waste solvent only in covered containers and not dispose of waste solvent or transfer it to another party, such that greater than twenty percent (20%) of the waste solvent (by weight) can evaporate into the atmosphere;

(l)not operate the cleaner so as to allow water to be visually detectable in solvent exiting in the water separator;

(m)not use ventilation fans near the degreaser opening nor provide exhaust ventilation exceeding 20 cubic meters per minute per square meter (65 cubic feet per minute per square foot) of degreaser open area, unless necessary to meet OSHA requirements; and

(n)provide a permanent, conspicuous label, summarizing the operating requirements.

(6)Except as provided under paragraph (3) of this Rule, the owner or operator of a conveyorized degreaser shall:

(a)not use workplace fans near the degreaser opening nor provide exhaust ventilation exceeding 20 cubic meters per minute per square meter (65 cubic feet per minute per square foot) of degreaser opening, unless necessary to meet OSHA requirements;

(b)install one of the following control devices:

1.refrigerated chiller; or

2.carbon adsorption system with ventilation greater than or equal to 15 cubic meters per minute per square meter (50 cubic feet per minute per square foot) of air/vapor area (when downtime covers are open), and exhausting less than 25 parts per million of solvent by volume averaged over a complete adsorption cycle; or

3.a control equipment system demonstrated to have a control efficiency equivalent to or greater than subparagraphs (b)1. or (b)2. of this paragraph and approved by the Director;

(c)equip the cleaner with equipment, such as drying tunnel or rotating (tumbling) basket sufficient to prevent cleaned parts from carrying out solvent liquid or vapor;

(d)provide the following safety switches:

1.a condenser flow switch and thermostat which shut off the heat if the condenser is either not circulating or too warm;

2.a spray safety switch which shuts off the spray pump or the conveyor if the vapor level drops more than 10 centimeters (4 inches) below the bottom of the condenser; and

3.a vapor level control thermostat which shuts off the heat when the level rises too high;

(e)minimize openings during operation so that entrances and exits will silhouette workloads with an average clearance between the parts and the edge of the degreaser opening of less than ten centimeters (4 inches) or less than ten percent (10%) of the width of the opening;

(f)provide downtime covers for closing off the entrance and exit during the shutdown hours;

(g)minimize carryout emissions by:

1.racking parts for best drainage; and

2.maintaining the vertical conveyor speed at less than 3.3 meters per minute (11 feet per minute);

(h)store waste solvent only in covered containers;

(i)repair solvent leaks immediately, or shut down

the degreasers;

(j)not operate the cleaner so as to allow water to be visually detectable in solvent exiting the water separator; and

(k)place downtime covers over entrances and exits of conveyorized degreasers immediately after the conveyors and exhaust are shut down and not remove them until just before start-up.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: June 9, 1987. Amended: Effective Date: July 31, 1991. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)For the purpose of this Rule, the following definitions apply:

(a)"Asphalt" means a dark brown to black cementitious material (solid, semisolid, or liquid in consistency) in which the predominating constituents are bitumens which occur in nature as such or which are obtained as residue in refining petroleum.

(b)"Cutback Asphalt" means asphalt cement which has been liquefied by blending with petroleum solvents (diluents). Upon exposure to atmospheric conditions, the diluents evaporate, leaving the asphalt cement to perform its function.

(c)"Penetrating Prime Coat" means an application of low-viscosity liquid asphalt to an absorbent surface. It is used to prepare an untreated base for an asphalt surface. The prime penetrates the base and plugs the voids, hardens the top, and helps bind it to the overlying asphalt layer.

(d)"Emulsified Asphalt" means asphalt cement which has been liquefied by blending it with water and an emulsifying agent. Upon exposure to atmospheric conditions, the water and emulsifying agency evaporate, leaving the asphalt cement to perform its function.

(e)"ASTM" is an acronym for American Society for Testing and Materials. This organization publishes reference test methods.

(2)This Rule shall apply to the manufacture and use of cutback and emulsified asphalts in highway paving and maintenance operations in Jefferson County.

(3)No person may cause, allow, or permit the sale or offering for sale, mixing, storage, use, or application of cutback asphalts except where:

(a)long-time stockpile storage is necessary; or

(b)the use or application commences in December of any year and such use or application is completed by the end of February of the following year; or

(c)the cutback asphalt is to be used solely as a penetrating prime coat.

(4)The mixing, storage, use or application of emulsified asphalt in highway and maintenance operations in Jefferson County shall be allowed at all times if the maximum oil distillate (organic solvent) content in the emulsified asphalt does not exceed seven percent (7%) as determined by ASTM distillation test method D-244. If the maximum oil distillate in the emulsified asphalt exceeds seven percent (7%), the mixing, storage, use or application of said asphalt is limited to January, February, and December.

(5)Recordkeeping Requirements.

(a)The manufacturer of cutback or emulsified asphalt shall maintain a current record in a format approved by the Director of each batch of cutback or emulsified asphalt produced. The record shall contain the following information as a minimum:

1.The calendar date that the batch was produced; and,

2.The quantity in tons produced; and,

3.The customer's name and address to where the cutback or emulsified asphalt was sent; and,

4.For emulsified asphalt only, the oil distillate (organic solvent) content as determined by ASTM distillation test method D-244. The Director may accept, instead of ASTM test method D-244, a certification by the emulsified asphalt manufacturer of the composition of the batch if supported by actual batch formulation records.

(b)The record required in subparagraph (a) of this paragraph shall be maintained on file for a minimum of two years after the date of record and shall be made available to the Director upon request.

(c)The recordkeeping provisions of this paragraph shall not apply if the Director determines that alternative records would be sufficient to provide assurance that the source is operating in compliance on a twenty-four (24) hour basis and these alternative requirements are incorporated as permit conditions for the source. In no case can recordkeeping requirements be waived or the stringency of the emissions limit be relaxed.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: June 9, 1987. Amended: Effective Date: July 31, 1991. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Notwithstanding any requirements under this Chapter, an owner or operator of a VOC source may petition the Director for a source-specific State Implementation Plan (SIP) revision on a case-by-case basis to establish an alternative control strategy not specifically allowed under this Chapter. Alternative control strategies include the establishment of a source-specific reasonably available control technology, a change in operational procedures, new and innovative control techniques, and crossline averaging of one or more point sources within a facility (plantwide bubble).

(2)The methods and procedures of petitioning for a source-specific SIP revision shall be in accordance with all requirements of the Federal Act, Code of Federal Regulations, U. S. Environmental Protection Agency (EPA) policies, Alabama Department of Environmental Management Air Regulations, and the Jefferson County Board of Health Air Pollution Control Rules and Regulations. Any questions regarding the methods and procedures of petitioning shall be directed to the Jefferson County Department of Health Air Pollution Control Program.

(3)The petition package for a source-specific SIP revision shall be obtained from the Jefferson County Department of Health Air Pollution Control Program.

(4)Only completed petitions containing all the necessary documentation to evaluate the source-specific SIP revision will be processed by the Jefferson County Department of Health Air Pollution Control Program to be considered by the Director. No petition will become effective prior to its approval by EPA as a source-specific SIP revision.

(5)Any VOC source which submitted a completed application package to the Director prior to November 9, 1987 for a crossline averaging strategy shall not be required to petition for an EPA approved source-specific SIP revision. The affected source(s) shall operate under the provisions of their respective Air Permit Conditions.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: June 9, 1987. Amended: Effective Date: July 31, 1991.

(1)Process and Emission Control Equipment Installations.

(a)Except as provided under paragraphs (4) or (5) of this Rule, the owner or operator of a VOC emission source proposing to install and operate VOC emission control equipment and/or replacement process equipment to comply with this Chapter shall adhere to the increments of progress contained in the following schedule:

1.Final plans for the emission control system and/or process equipment shall be submitted within three (3) months of Jefferson County Board of Health promulgation.

2.Contracts for the emission control system and/or process equipment shall be awarded or orders must be issued for purchase of component parts to accomplish emission control within six (6) months of Jefferson County Board of Health promulgation.

3.Initiation of on-site construction or installation of the emission control and/or process equipment shall begin within nine (9) months of Jefferson County Board of Health promulgation.

4.On-site construction or installation of the emission control and/or process equipment shall be completed within fifteen (15) months of Jefferson County Board of Health promulgation.

5.Final compliance shall be achieved within sixteen (16) months of Jefferson County Board of Health promulgation.

(b)Any owner or operator of an emission source subject to the compliance schedule of this Rule shall certify to the Director within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.

(2)Low Solvent Content Coating.

(a)Except as provided under paragraphs (4) or (5) of this Rule or under subparagraph (b) of this paragraph, the owner or operator of a VOC emission source proposing to employ low solvent content coating technology to comply with this Chapter shall adhere to the increments of progress contained in the following schedules:

1.Final plans for the application of low solvent content coating technology shall be submitted within three (3) months of Jefferson County Board of Health promulgation.

2.Research and development of low solvent content coating shall be completed within six (6) months of Jefferson County Board of Health promulgation.

3.Evaluation of product quality and commercial acceptance shall be completed within one (1) year of Jefferson County Board of Health promulgation. A determination of product unacceptability will trigger orders for add-on control equipment.

4.Purchase orders shall be issued for low solvent coatings and process modifications within fifteen (15) months of Jefferson County Board of Health promulgation. Purchase orders for add-on controls necessitated under subparagraph (a)3. of this paragraph shall be issued within twelve (12) months of Jefferson County Board of Health promulgation.

5.Initiation of process modification for low solvent coating application shall begin within seventeen (17) months of Jefferson County Board of Health promulgation. Initiation of construction or installation of add-on controls necessitated under subparagraph (a)3. of this paragraph shall begin within fifteen (15) months of Jefferson County Board of Health promulgation.

6.Process modifications for low solvent coating application shall be completed and use of low solvent coatings shall begin within twenty-two (22) months of Jefferson County Board of Health promulgation. On-site construction or installation of add-on controls necessitated under subparagraph (a)3. of this paragraph shall be completed within twenty-two (22) months of Jefferson County Board of Health promulgation.

7.Final compliance shall be achieved within two (2) years of Jefferson County Board of Health promulgation. In no case, shall final compliance be allowed beyond December 31, 1987.

(b)Where the Director determines that low solvent content coating technology has been sufficiently researched and developed for a particular application, the owner or operator of a VOC emission source proposing to comply with this Chapter through application of low solvent content coatings shall adhere to the increments of progress contained in the following schedule:

1.Final plans for the application of low solvent content coating technology shall be submitted within three (3) months of Jefferson County Board of Health promulgation;

2.evaluation of product quality and commercial acceptance shall be completed within six (6) months of Jefferson County Board of Health promulgation;

3.purchase orders shall be issued for low solvent

content coatings and process modifications within nine (9)

months of Jefferson County Board of Health promulgation;

4.initiation of process modifications shall begin within eleven (11) months of Jefferson County Board of Health promulgation;

5.process modifications shall be completed and use of low solvent content coatings shall begin within fifteen (15) months of Jefferson County Board of Health promulgation; and

6.final compliance shall be achieved within sixteen (16) months of Jefferson County Board of Health promulgation.

(c)Any owner or operator of a stationary source subject to the compliance schedule of this Rule shall certify to the Director within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.

(3)Equipment Modification.

(a)Except as provided under paragraphs (4) or (5) of this Rule, the operator or owner of a VOC emission source proposing to comply with this Chapter by modification of existing processing equipment shall adhere to the increments of progress contained in the following schedule:

1.final plans for process modification shall be submitted within three (3) months of Jefferson County Board of Health promulgation;

2.contracts for process modifications shall be awarded or orders shall be issued for the purchase of component parts to accomplish process modifications within five (5) months of Jefferson County Board of Health promulgation;

3.initiation of on-site construction or installation of process modifications shall begin within seven (7) months of Jefferson County Board of Health promulgation;

4.on-site construction or installation of process modifications shall be completed within ten (10) months of Jefferson County Board of Health promulgation; and

5.final compliance shall be achieved within eleven (11) months of Jefferson County Board of Health promulgation.

(b)Any owner or operator of an emission source subject to the compliance schedule of this Rule shall certify to the Director within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.

(4)Alternative Compliance Schedules.

(a)Nothing in this Rule shall prevent the Director from approving a separate schedule for any source, if he finds that the application of a compliance schedule in paragraphs (1) through (3) of this Rule would be infeasible or impracticable.

(b)Nothing in this Rule shall prevent the owner or operator of a VOC source from submitting to the Director a proposed alternative compliance schedule provided:

1.the proposed alternative compliance schedule is submitted within three (3) months of Jefferson County Board of Health promulgation;

2.the final control plans for achieving compliance with this Chapter are submitted simultaneously;

3.the alternative compliance schedule contains the same increments of progress as the schedule for which it is proposed; and

4.sufficient documentation and certification from appropriate suppliers, contractors, manufacturers, or fabricators are submitted by the owner or operator of the VOC source to justify the dates proposed for the increments of progress.

(c)All alternative compliance schedules proposed or promulgated under this Rule shall provide for compliance of the VOC emission source with this Chapter as expeditiously as practicable, but not later than three years beyond promulgation by the Jefferson County Board of Health.

(d)Any compliance schedule approved under this Rule may be revoked at any time if the source does not meet the increments of progress stipulated.

(e)Any owner or operator of an emission source subject to the compliance schedule of this Rule shall certify to the Director within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.

(5)Exception. Paragraphs(1) through (4) of this Rule shall not apply to sources which are in compliance with this Chapter prior to the date of Jefferson County Board of Health promulgation of this Chapter and have determined and certified compliance to the satisfaction of the Director within three (3) months of Jefferson County Board of Health promulgation.

(6)Coke By-Product Recovery Plant Equipment Leaks.

(a)owners or operators of coke by-product recovery plants shall adhere to the following increments of progress contained in the following schedule:

1.final plans for the initial leak check and inspection program required by Rule 335-3-6-.47(3) shall be submitted within one (1) month of Jefferson County Board of Health promulgation; and

2.initiation of the leak check and inspection program required by Rule 335-3-6-.47(3) shall begin within three (3) months of Jefferson County Board of Health promulgation.

(b)Any owner or operator of a coke by-product recovery plant subject to the compliance schedule of this Rule shall certify to the Director within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: June 9, 1987. Amended: Effective Date: July 31, 1991. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Determination of Volatile Organic Compound Content of Surface Coatings.

(a)This method shall apply to ink, paint, varnish, lacquer, and other surface coatings.

(b)For the purposes of this method, a representative sample of the surface coating shall be obtained at the point of delivery to the coater or any other point in the process that the Director approves.

(c)The volatile organic compound content of the sample shall be determined using the test procedures found in 40 CFR 60 (except that references to Administrator are changed to Director) and one of the following methods:

1.Reference Method 24.

2.Reference Method 24A.

3.The Director may accept, instead of the coating analysis methods required under subparagraphs (c)1. and 2. of this paragraph, a certification by the coating manufacturer of the composition of the coating if supported by actual batch formulation records. Also, the manufacturer's certification shall be consistent with EPA's document number 450/3-84-019, titled "Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by Paint, Ink, and Other Coatings."

(d)A person proposing to conduct a VOC emissions test shall notify the Director of the intent to test not less than thirty (30) days before the proposed initiation of the tests so the Director may at his option observe the test. The notification shall contain the information required by, and be in a format approved by, the Director.

(2)Test Procedure for Determination of VOC Emissions from Bulk Gasoline Terminals.

(a)Applicability. This method shall be applicable to determining VOC emission rates at tank truck and trailer gasoline loading terminals employing vapor collection systems and either continuous or intermittent vapor control systems. This method is applicable to motor tank truck and trailer loading only as per Rule 335-3-6-.29.

(b)Test Methods and Procedures. The Volatile Organic Compound emissions from Bulk Gasoline Terminals shall be determined by one of the following methods:

1.Test methods and procedures required in 40 CFR 60.503, Subpart XX.

2.Reference Method 25.

3.Reference Method 25A.

4.Reference Method 25B.

(c)A person proposing to conduct a VOC emissions test shall notify the Director of the intent to test not less than thirty (30) days before the proposed initiation of the tests so the Director may at his option observe the test. The notification shall contain the information required by, and be in a format approved by, the Director.

(3)Determination of Volatile Organic Compound Emission Control System Efficiency.

(a)The provisions of this Rule shall be applicable to any test method employed to determine the collection or control efficiency of any device or system designed, installed, and operated for the purpose of reducing volatile organic compound emissions.

(b)An efficiency demonstration shall include, but not be limited to, the following methods and procedures:

1.The volatile organic compound containing material shall be sampled and analyzed by EPA approved methods and procedures under Appendix A of 40 CFR 60 such that the emissions that could result from the use of the material can be quantified. For paints, inks, and other related coatings, the test methods and procedures shall be in accordance with paragraph (1) of this Rule.

2.The efficiency of any capture system used to capture and transport the volatile organic compound emissions from their point of origination to the control equipment shall be determined in accordance with the test methods and procedures in paragraph (13) of this Rule.

3.Samples of the volatile organic compound containing gas streams shall be taken simultaneously at the fugitives emission points from the permanent or temporary total enclosures, inlet and outlet of the emissions control device, and at least one centrally located point outside the permanent or temporary total enclosures and between the natural draft openings (background concentration).

4.The total combustible carbon content of the samples shall be determined by one of the following methods:

(i)Reference Method 25.

(ii)Reference Method 25A.

(iii)Reference Method 25B.

(iv)Reference Method 18.

5.the efficiency of the control device shall be expressed as the fraction of total combustible carbon content reduction achieved; and

6.the volatile organic compound mass emission rate shall be the sum of emissions from the control device, emissions not collected by the capture system, and capture system losses.

(c)A person proposing to conduct a VOC emission control system efficiency test shall notify the Director of the intent to test not less than thirty (30) days before the proposed initiation of the tests so the Director may at his option observe the test. The notification shall contain the information required by, and in a format approved by, the Director.

(d)The written results of any capture or control efficiency testing shall be submitted to the Director in an approved format within thirty (30) days after the date of the test. The written results shall also be retained at the location of the tested source for at least three (3) years after the date of the test.

(4)Determination of Solvent Metal Cleaning Volatile Organic Compound Emissions.

(a)This method shall be applicable to determining volatile organic compound emissions from solvent metal cleaning equipment.

(b)The purpose of this method is to quantify, by material balance, the amount of solvent input into a solvent metal cleaner over a sufficiently long period of time so that an average emission rate can be computed.

(c)The test methods and procedures shall be performed in accordance with those specified in EPA's control technique guideline document (EPA-450/2-77-.022) "Control of Volatile Organic Emissions from Solvent Metal Cleanings."

(d)A person proposing to conduct a VOC emissions test shall notify the Director of the intent to test not less than thirty (30) days before the proposed initiation of the tests so the Director may at his option observe the test. The notification shall contain the information required by, and be in a format approved by, the Director.

(5)Test Methods and Procedures for Perchloroethylene Dry Cleaning Systems.

(a)The provisions of this paragraph shall be applicable to any Perchloroethylene Dry Cleaning System.

(b)Test procedures to determine compliance with Rule 335-3-6-.40 shall be consistent with one of the following guideline methods:

1.EPA Guideline Series document, "Measurement of Volatile Organic Compounds," EPA-450/2-78-041;

2.Appendix B of "Control of Volatile Organic Emissions from Perchloroethylene Dry Cleaning Systems,"

EPA-450/2-78-050; or

3.American National Standards Institute paper, "Standard Method of Test for Dilution of Gasoline Engine Crankcase Oils."

(c)A person proposing to conduct a VOC emissions test shall notify the Director of the intent to test not less than thirty (30) days before the proposed initiation of the tests so the Director may at his option observe the test. The notification shall contain the information required by, and be in a format approved by, the Director.

(6)Test Methods and Procedures for Graphic Arts.

(a)The owner or operator of a VOC source shall, at his own expense, demonstrate compliance with Rule 335-3-6-.43 by the methods in subparagraph (c) of this paragraph. All tests shall be conducted by, or under the direction of, a person qualified by training and/or experience in the field of air pollution testing.

(b)A person proposing to conduct a VOC emissions test shall notify the Director of the intent to test not less than thirty (30) days before the proposed initiation of the tests so the Director may at his option observe the test. The notification shall contain the information required by, and be in a format approved by, the Director.

(c)Test procedures to determine compliance with Rule 335-3-6-.43 shall be consistent with one of the following methods and procedures:

1.EPA Guideline Series document, "Measurement of Volatile Organic Compounds," EPA-450/2-78-041;

2.Method 24A; or

3.40 CFR 60.433, "Performance Test and Compliance Provisions," except compliance shall be determined on a daily time period.

4.For add-on control equipment, the VOC mass emission rate shall be determined using the test procedures found in 40 CFR 60 (except that references to Administrator are changed to Director) and a method consistent with one of the following test methods:

(i)Reference Method 25.

(ii)Reference Method 25A.

(iii)Reference Method 25B.

(d)The Director may accept, instead of ink solvent analysis, a certification by the ink manufacturer of the composition of the ink solvent, if supported by actual batch formulation records. Also, the manufacturer's certification shall be consistent with EPA document 450/3-84-019, titled "Procedures for Certifying Quantity of VOC Emitted by Paint, Ink, and Other Coatings." Sufficient data to determine as-applied formulation must be provided if the as-applied formulation is different from the as-purchased ink.

(7)Test Methods and Procedures for Surface Coating of Miscellaneous Metal Parts and Products.

(a)The owner or operator of a VOC source required to comply with Rule 335-3-6-.32(11) shall, at his own expense, demonstrate compliance by the methods of subparagraph (c) of this paragraph. All tests shall be conducted by, or under the direction of, a person qualified by training and/or experience in the field of air pollution testing.

(b)A person proposing to conduct a VOC emissions test shall notify the Director of the intent to test not less than thirty (30) days before the proposed initiation of the tests so the Director may at his option observe the test. The notification shall contain the information required by, and be in a format approved by, the Director.

(c)Test procedures to determine compliance with Rule 335-3-6-.32(11) shall be consistent with one of the following methods and procedures:

1.EPA Guideline Series document, "Measurement of Volatile Organic Compounds," EPA-450/2-78-041;

2.Reference Method 24; or

3.Reference Method 24A.

4.For add-on control equipment, the VOC mass emission rate shall be determined using the test procedures found in 40 CFR 60 (except that references to Administrator are changed to Director) and a method consistent with one of the following test methods:

(i)Reference Method 25.

(ii)Reference Method 25A.

(iii)Reference Method 25B.

(d)The Director may accept, instead of the coating analysis required in subparagraph (c)2. of this paragraph, a certification by the manufacturer of the composition of the coatings, if supported by actual batch formulation records. Also, the manufacturer's certification shall be consistent with EPA document 450/3-84-019, titled "Procedures for Certifying Quantity of VOC Emitted by Paint, Ink, and Other Coatings." Sufficient data to determine as-applied formulation must be provided if the as-applied formulation is different from the as-purchased coating.

(8)Test Methods and Procedures for Petroleum Liquid Storage in Floating Roof Tanks.

(a)The owner or operator of any VOC source required to comply with Rule 335-3-6-.44 shall, at his own expense, demonstrate compliance by the methods of this paragraph. All tests shall be conducted by, or under the direction of, a person qualified by training and/or experience in the field of air pollution testing.

(b)A person proposing to conduct a VOC emissions test shall notify the Director of the intent to test not less than thirty (30) days before the proposed initiation of the tests so the Director may at his option observe the test. The notification shall contain the information required by, and be in a format approved by, the Director.

(c)Compliance with Rule 335-3-6-.44 shall be determined by the methods and procedures in EPA Guideline Series document (EPA-450/2-78-047) "Control of Volatile Organic Emissions from Petroleum Liquid Storage in External Floating Roof Tanks."

(9)Reserved.

(10)Test Methods and Procedures for the Manufacture of Synthesized Pharmaceutical Products.

(a)The owner or operator of any VOC source required to comply with Rule 335-3-6-.39 shall, at his own expense, demonstrate compliance by the methods of subparagraph (c) of this paragraph or an alternative method approved by the Director. All tests shall be conducted, or under the direction of, a person qualified by training and/or experience in the field of air pollution testing.

(b)A person proposing to conduct a VOC emissions test shall notify the Director of the intent to test not less than thirty (30) days before the proposed initiation of the tests so the Director may, at his option, observe the test. The notification shall contain the information required by, and in a format approved by, the Director.

(c)Test procedures to determine compliance with Rule 335-3-6-.39 shall be consistent with EPA Guideline Series document, "Measurement of Volatile Organic Compounds," (EPA-450/2-78-041) and "Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products" (EPA-450/2-78-029).

(d)If add-on control equipment is used, continuous monitors of the following parameters shall be installed, periodically calibrated, and operated at all times that the associated control equipment is operating:

1.exhaust gas temperature of all incinerators;

2.temperature rise across a catalytic incinerator

bed;

3.breakthrough of VOC on a carbon adsorption unit; and

4.any other continuous monitoring or recording device required by the Director.

(11)Test Methods and Procedures for the Surface Coating of Flatwood Paneling.

(a)The owner or operator of a VOC source required to comply with Rule 335-3-6-.32(10) shall, at his own expense, demonstrate compliance by the methods of subparagraph (c) of this paragraph. All tests shall be conducted, or under the direction of, a person qualified by training and/or experience in the field of air pollution testing.

(b)A person proposing to conduct a VOC emissions test shall notify the Director of the intent to test not less than thirty (30) days before the proposed initiation of the tests so the Director may, at his option, observe the test. The notification shall contain the information required by, and be in a format approved by, the Director.

(c)Test procedures to determine compliance with Rule 335-3-6-.32(10) shall be consistent with one of the following methods and procedures:

1.EPA Guideline Series document, "Measurement of Volatile Organic Compounds," EPA-450/2-78-041 and "Control of Volatile Organic Emissions from Existing Stationary Sources, Vol. VII: Factory Surface Coating of Flat Wood Paneling," EPA-450/2-78-032;

2.Reference Method 24;

3.Reference Method 24A; or

4.For add-on control equipment, the VOC mass emission rate shall be determined using the test procedures found in 40 CFR 60 (except that references to Administrator are changed to Director) and a method consistent with one of the following test methods:

(i)Reference Method 25.

(ii)Reference Method 25A.

(iii)Reference Method 25B.

(iv)Reference Method 18.

(d)The Director may accept, instead of the coating analysis required by subparagraph (c)2. of this paragraph, a certification by the coating manufacturer of the composition of the coating, if supported by actual batch formulation records. Also, the manufacturer's certification shall be consistent with EPA document 450/3-84-019, titled "Procedures for Certifying Quantity of VOC Emitted by Paint, Ink, and Other Coatings." Sufficient data to determine as-applied formulation must be provided if the as-applied formulation is different from the as-purchased coating.

(12)Test Methods and Procedures for Leaks from Gasoline Tank Trucks and Vapor Collection Systems.

(a)The owner or operator of a VOC source shall, at his own expense, demonstrate compliance with Rule 335-3-6-.41 by the methods of subparagraph (c) of this paragraph or an alternative method approved by the Director. All tests shall be made by, or under the direction of, a person qualified by training and/or experience in the field of air pollution testing.

(b)The owner or operator of a gasoline tank truck subject to Chapter 6 shall notify the Director in writing of the date and location of a certification test at least ten (10) days before the anticipated test date. In order to observe a certification test, the Director may postpone or reschedule the certification test date by written notice to the owner or operator within five (5) days after receipt of certification test notification.

(c)Test methods and procedures shall be consistent with one of the following methods and procedures:

1.Reference Method 27.

2.EPA Guideline Series document, "Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems," EPA-450/2-78-051.

(13)Capture Efficiency Test Procedures for Volatile Organic Compound Emissions Capture and Control Systems.

(a)For the purposes of this Rule, the following definitions and abbreviations apply:

1."Capture" means the containment or recovery of emissions from a process for direction into a duct which may be exhausted through a stack or sent to a control device.

2."Capture System" means all equipment (including, but not limited to, hoods, ducts, fans, booths, ovens, dryers, etc.) that contains, collects, and transports an air pollutant to a control device.

3."Capture Efficiency" means the weight per unit time of VOC entering a capture system and delivered to a control device divided by the weight per unit time of total VOC generated by a source of VOC, expressed as a percentage.

4."Control Device" means equipment (such as an incinerator or carbon adsorber) used to reduce, by destruction or removal, the amount of air pollutant(s) in an air stream prior to discharge to the ambient air.

5."Control System" means a combination of one or more capture system(s) and control devices working in concert to reduce discharges of pollutants to the ambient air.

6."Destruction or Removal Efficiency" means the efficiency, expressed as a decimal fraction, of a control device in destroying or removing contaminants calculated as one minus the amount of VOC exiting the control device divided by the amount of VOC entering the control device, e.g., [1 - (10 ppm/100 ppm)] = 0.9.

7."Gas/Gas Method" means either of two methods for determining capture which rely only on gas phase measurements. One method requires construction of a temporary total enclosure (TTE) to assure all would be fugitive emissions are measured while the other uses the room or building which houses the emission source as an enclosure.

8."Hood" means a device used to ventilate process equipment by capturing emissions of heat or air contaminants, e.g. organic vapors or other fumes, which are then conveyed through exhaust system ductwork to a more convenient discharge point or to air pollution control equipment.

9."Liquid/Gas Method" means either of two methods for determining capture which require both gas phase and liquid phase measurements and analysis. One liquid/gas method requires construction of a temporary total enclosure, the other uses the building or room which houses the facility as a permanent total enclosure.

10."Overall Emission Reduction Efficiency," means the weight per unit time of VOC removed by a control device divided by the weight per unit time of VOC emitted by an emission source, expressed as a percentage. The overall emission reduction efficiency is the product of the capture efficiency and the control equipment destruction or removal efficiency.

11."Method 204D" is the EPA-approved test procedure to determine the fugitive volatile organic compound (VOC) emissions from temporary total enclosures (TTE). It is intended to be used as a segment in the development of liquid/gas or gas/gas protocols for determining VOC capture efficiency (CE) for surface coating and printing operations. Refer to Appendix F for Method 204D.

12."Method 204E" is the EPA-approved test procedure to determine the fugitive volatile organic compound (VOC) emissions from a building enclosure (BE). It is intended to be used as a segment in the development of liquid/gas or gas/gas protocols for determining VOC capture efficiency (CE) for surface coating and printing operations. Refer to Appendix F for Method 204E.

13."Method 204B" is the EPA-approved test procedure to determine the volatile organic compounds (VOC) content of captured gas streams. It is intended to be used as a segment in the development of liquid/gas or gas/gas protocols for determining VOC capture efficiency (CE) for surface coating and printing operations. The procedure may not be acceptable in certain site-specific situations, e.g., when (1) direct fired heaters or other circumstances affect the quantity of VOC at the control device inlet; and (2) particulate organic aerosols are formed in the process and are present in the captured emissions. Refer to Appendix F for Method 204B.

14."Method 204C" is the EPA-approved test Method 204o determine the volatile organic compounds (VOC) content of captured gas streams. It is intended to be used as a segment in the development of gas/gas protocol in which fugitive VOC emissions are measured for determining VOC capture efficiency (CE) for surface coating and printing operations. A dilution system is used to reduce the VOC concentration of the captured emissions to about the same concentration as the fugitive emissions. The procedure may not be acceptable in certain site-specific situations, e.g., when (1) direct fired heaters or other circumstances affect the quantity of VOC at the control device inlet; and (2) particulate organic aerosols are formed in the process and are present in the captured emissions. Refer to Appendix F for Method 204C.

15."Method 204A and 204F" are the EPA-approved test procedure to determine the input of volatile organic compounds (VOC) to a VOC emitting process. They are intended to be used as a segment in the development of liquid/gas protocols for determining VOC capture efficiency (CE) for surface coating and printing operations. Refer to Appendix F for Methods 204A and 204F.

16."Method 204" is the EPA-approved procedure to determine whether a permanent or temporary enclosure meets the criteria of a total enclosure. Refer to Appendix F for Method 204.

17."F" shall be an abbreviation for the mass of VOC leaving the process as gaseous fugitive emissions.

18."G" shall be an abbreviation for the mass of VOC captured and delivered to a control device.

19."L" shall be an abbreviation for the mass of VOC input to the process in liquid form.

20."PTE" shall be an abbreviation for a permanent total enclosure, which contains a process that emits VOC and meets the specifications in Method 204.

21."TTE" shall be an abbreviation for a temporary total enclosure which is built around a process that emits VOC and meets the specifications given in Method 204.

22."BE" shall be an abbreviation for a building or room enclosure that contains a process that emits VOC. If a BE is to serve as a PTE or TTE, the appropriate requirements given in Method 204 shall be met.

(b)Applicability.

1.The requirements of subparagraph (3)(c) of this Rule shall apply to all regulated VOC emitting processes employing a control system except as provided below.

2.If a source installs a PTE that meets EPA specifications, and which directs all VOC to a control device, the capture efficiency is assumed to be 100 percent, and the source is exempted from the requirements described in subparagraph (3)(c) of this Rule. The EPA specifications to determine whether a structure is considered a PTE are given in Method 204. This does not exempt a source from performance of any control device efficiency testing required under these or any other regulations. In addition, a source shall demonstrate that all criteria for a PTE are met during the testing for control efficiency.

3.If a source uses a control device designed to collect and recover VOC (e.g. carbon adsorber), an explicit measurement of capture efficiency is not necessary if the conditions given below are met. The overall control of the system can be determined by directly comparing the input liquid (L) to the recovered liquid VOC. The general procedure for use in this situation is given in 40 CFR 60.433 with the following additional restrictions:

(i)The source shall be able to equate solvent usage with solvent recovery on a 24-hour (daily) basis, rather than a 30-day weighted average as given in 40 CFR 60.433. This shall be done within 72 hours following each 24-hour period. In addition, one of the following two criteria shall be met:

(ii)The solvent recovery system (i.e., capture and control system) shall be dedicated to a single process line (e.g., one process line venting to a carbon adsorber system), or

(iii)If the solvent recovery system controls multiple process lines, the source shall be able to demonstrate that the overall control (i.e., the total recovered solvent VOC divided by the sum of liquid VOC input to all process lines venting to the control system) meets or exceeds the most stringent standard applicable for any process line venting to the control system.

(c)Specific requirements.

1.The capture efficiency of a process line shall be measured using one of the four protocols given in subparagraph (c)3. of this paragraph.

2.Any error margin associated with a test protocol may not be incorporated into the results of a capture efficiency test.

3.The four specific capture efficiency protocols are discussed in subparagraphs (c)3.(i) through (c)3.(iv) of this paragraph below. Any affected source shall use one of these protocols to measure capture efficiency, unless a suitable alternative protocol is approved by EPA as a SIP revision.

(i)Gas/Gas Method using TTE. The EPA specifications to determine whether a temporary enclosure is considered a TTE are given in Method 204. The capture efficiency equation to be used for this Protocol is:

CE = Gw

(Gw + Fw)

where:

CE = capture efficiency, decimal fraction.

Gw = mass of VOC captured and delivered to the control device using a TTE. Method 204C is used to obtain Gw.

Fw = mass of fugitive VOC that escapes from a TTE. Method 204D is used to obtain Fw.

(ii)Liquid/Gas Method using TTE. The EPA specifications to determine whether a temporary enclosure is considered a TTE are given in Method 204. The capture efficiency equation to be used for this Protocol is:

CE = (L - F)

L

where:

CE = capture efficiency, decimal fraction.

L = mass of liquid VOC input to the process. Methods 204A or F are used to obtain L.

F = mass of fugitive VOC that escapes from a TTE. Method 204D is used to obtain F.

(iii)Gas/Gas Method using the building or room (BE) in which the affected source is located as the enclosure and in which G and F are measured while operating only the affected facility. All fans and blowers in the building or room shall be operated as they would under normal production. The capture efficiency equation to be used for this Protocol is:

CE = G

(G + Fb)

where:

CE = capture efficiency, decimal fraction.

G = mass of VOC captured and delivered to a control device. Method 204C is used to obtain G.

Fb = mass of fugitive VOC that escapes from the building enclosure. Method 204E is used to obtain Fb.

(iv)Liquid/Gas Method using the building or room (BE) in which the affected source is located as the enclosure and in which L and F are measured while operating only the affected facility. All fans and blowers in the building or room shall be operated as they would under normal production. The capture efficiency equation to be used for this protocol is:

CE = (L - Fb)

L

where:

CE = capture efficiency, decimal fraction.

L = mass of liquid VOC input to the process. Methods 204A or 204F are used to obtain L.

Fb = mass of fugitive VOC that escapes from building enclosure. Method 204E is used to obtain Fb.

(d)Recordkeeping and Reporting.

1.The owner or operator of all affected facilities shall maintain a copy of the capture efficiency protocol submitted to the Director on file. All results of appropriate test methods and CE procedures shall be reported to the Director within thirty (30) days of the test date. These records shall be retained by the owner or operator for a minimum of three (3) years after the test date.

2.Prior to making any changes to the capture or control equipment of an affected source, the owner or operator of the source shall notify the Director in writing of these changes in accordance with the permitting requirements under Rule 335-3-14-.01.

3.The owner or operator of an affected source shall notify the Director thirty (30) days prior to performing any capture efficiency test and/or control efficiency tests.

(4)An affected source utilizing a PTE shall demonstrate that this enclosure meets the requirement given in Method 204 for a PTE during any testing of a control system.

(5)An affected source utilizing a TTE shall demonstrate that its TTE meets the requirements given in Method 204 for a TTE during the test of their control system. The source shall also provide documentation that the quality assurance criteria for a TTE have been achieved.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: June 9, 1987. Amended: Effective Date: September 21, 1989; July 31, 1991; October 24, 1991. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)For the purpose of this Rule, the following definitions apply:

(a)"Condenser" means a device which cools a gas stream to a temperature which removes specific organic compounds by condensation.

(b)"Control System" means any number of control devices, including condensers, which are designed and operated to reduce the quantity of VOCs emitted to the atmosphere.

(c)"Reactor" means a vat or vessel, which may be jacketed to permit temperature control, designed to contain chemical reactions.

(d)"Separation Operation" means a process that separates a mixture of compounds and solvents into two or more components. Specific mechanisms include extraction, centrifugation, filtration, and crystallization.

(e)"Synthesized Pharmaceutical Manufacturing" means manufacture of pharmaceutical products by chemical synthesis.

(f)"Production Equipment Exhaust System" means a device for collecting and directing out of the work area VOC fugitive emissions from reactor openings, centrifuge fugitive emissions from reactor openings, centrifuge openings, and other vessel openings for the purpose of protecting workers from excessive VOC exposure.

(2)This Rule shall apply to all synthesized pharmaceutical manufacturing facilities.

(3)This Rule shall apply to all sources of VOCs, including reactors, distillation units, dryers, storage of VOCs, transfer of VOCs, extraction equipment, filters, crystallizers and centrifuges that have the potential to emit 6.8 kilograms per day (15 pounds per day) or more.

(4)The owner or operator of a synthesized pharmaceutical manufacturing facility subject to this Rule shall control the VOC emissions from all reactors, distillation operations, crystallizers, centrifuges and vacuum dryers that have the potential to emit 6.80 kilograms per day (15 pounds per day) or more of VOCs. Surface condensers or equivalent controls shall be used, provided that:

(a)If surface condensers are used, the condenser outlet gas temperature must not exceed:

1.-25&#176; C (-13&#176; F) when condensing a VOC of a vapor pressure greater than 40.0 kPa (5.8 psia)*;

2.-15&#176; C (5&#176; F) when condensing a VOC of a vapor pressure greater than 20.0 kPa (2.9 psia)*;

3.O&#176; C (32&#176; F) when condensing a VOC of a vapor pressure greater than 10.0 kPa (1.5 psia)*;

4.10&#176; C (50&#176; F) when condensing a VOC of a vapor pressure greater than 7.0 kPa (1.0 psia)*; or

5.25&#176; C (77&#176; F) when condensing a VOC of a vapor pressure greater than 3.50 kPa (0.5 psia)*.

(b)If equivalent controls are used, the VOC emissions shall be reduced by at least as much as they would be by using a surface condenser which meets the requirements of subparagraph (a) of this paragraph.

(5)The owner or operator of a synthesized pharmaceutical manufacturing facility subject to this Rule shall reduce the VOC emissions from all air dryers and production equipment exhaust systems:

(a)by at least ninety percent (90%) if emissions are 150 kilograms per day (330 pounds per day) or more of VOC; or

(b)to 15.0 kilograms per day (33 pounds per day) or less if emissions are less than 150 kilograms per day (330 pounds per day) of VOC.

(6)The owner or operator of a synthesized pharmaceutical manufacturing facility subject to this Rule shall:

(a)provide a vapor balance system or equivalent control that is at least ninety percent (90%) effective in reducing emissions from truck or railcar deliveries to storage tanks with capacities greater than 7,571 liters (2,000 gallons) that store VOC with vapor pressures greater than 28.0 kPa (4.1 psia) at 20&#176; C (68&#176; F); and

(b)install pressure/vacuum conservation vents set at + 0.2 kPa on all storage tanks that store VOC with vapor pressures greater than 10.0 kPa (1.5 psia) at 20&#176; C (68&#176; F),

unless a more effective control system is used.

(7)The owner or operator of a synthesized pharmaceutical facility subject to this Rule shall enclose all centrifuges, rotary vacuum filters, and other filters which process liquids containing VOC with vapor pressures of 3.50 kPa (0.5 psia) or more at 20&#176; C (68&#176; F).

(8)The owner or operator of a synthesized pharmaceutical facility subject to this Rule shall install covers on all in-process tanks containing a VOC at any time. These covers must remain closed, unless production, sampling, maintenance, or inspection procedures require operator access.

(9)The owner or operator of a synthesized pharmaceutical manufacturing facility subject to this Rule shall repair all leaks from which a liquid, containing VOC, can be observed running or dripping. The repair shall be completed the first time the equipment is off-line for a period of time long enough to complete the repair.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: June 9, 1987. Amended: Effective Date: July 31, 1991. Amended: Filed October 17, 1996; effective November 21, 1996.

(Repealed)

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: June 9, 1987. Amended: Effective Date: July 31, 1991. Repealed: Filed October 17, 1996; effective November 21, 1996.

(1)For the purpose of this Rule, the following definitions apply:

(a)"Air Sticker" means a sticker to be affixed to a gasoline tank truck, representing issuance of an Air Permit and that the gasoline tank truck has been demonstrated during its most recent annual vapor leak testing to the leakfree.

(b)"Bottom Filling" means the filling of a gasoline tank truck or stationary storage tank through an opening that is flush with the tank bottom.

(c)"Gasoline" means a petroleum distillate having a Reid vapor pressure of 27.6 kPa (4 psia) or greater that is used as fuel for internal combustion engines.

(d)"Gasoline Tank Truck" means tank trucks or trailers equipped with a storage tank and used for the transport of gasoline from sources of supply to stationary storage tanks of gasoline dispensing facilities, bulk gasoline plants or bulk gasoline terminals.

(e)"Gasoline Dispensing Facility" means any site where gasoline is dispensed to motor vehicle gasoline tanks from stationary storage tanks.

(f)"Bulk Gasoline Terminal" means a gasoline storage facility which receives gasoline from refineries primarily by pipeline, ship, or barge, and delivers gasoline to bulk gasoline plants or to commercial or retail accounts primarily by tank truck; and has a daily throughput of more than 75,708 liters (20,000 gallons) of gasoline.

(g)"Bulk Gasoline Plant" means a gasoline storage and distribution facility with an average daily throughput of 75,708 liters (20,000 gallons) or less which receives gasoline from bulk terminals by trailer transport, stores it in tanks, and subsequently dispenses the gasoline via account trucks to local farms, businesses, and gasoline dispensing facilities.

(h)"Vapor Collection System" means in a vapor transport system which uses direct displacement by the gasoline being transferred to force vapors from the vessel being loaded into either a vessel being unloaded or a vapor control system or vapor holding tank.

(i)"Vapor Control System" means a system that prevents release to the atmosphere of at least ninety percent (90%) by weight of organic compounds in the vapors displaced from a vessel during transfer of gasoline.

(2)This Rule shall be applicable to all vapor collection and control systems at bulk plants, bulk terminals, and gasoline dispensing facilities required by Rules 335-3-6-.28, 335-3-6-.29, and 335-3-6-.30, and to all vapor collection systems on gasoline tank trucks.

(3)No person shall allow a gasoline tank truck subject to this Rule to be filled or emptied unless the gasoline tank truck has:

(a)a vapor collection system that meets the test requirements of subparagraph (4)(a) of this Rule; and

(b)a valid Jefferson County Department of Health Air Sticker attached and visibly displayed.

(4)Air Permits for Gasoline Tank Trucks.

(a)The owner or operator of a vapor collection system subject to this Rule shall not load or cause to be loaded the said gasoline tank truck without a valid Air Sticker for the gasoline tank truck. An Air Permit and Air Sticker shall be issued by the Jefferson County Department of Health for the gasoline tank truck upon application by the owner or operator documenting that the gasoline tank truck has been leak checked by the test method referenced in Rule 335-3-6-.37(12)(c) and has during the test sustained a pressure change of no more than 0.750 kPa (3 inches of H20) within five (5) consecutive minutes when pressurized to a gauge pressure of 4.50 kPa (18 inches of H20) and, when evacuated to a gauge pressure of 1.50 kPa (6 inches of H20) during the testing.

(b)The Air Sticker shall be renewed annually upon successful demonstration by the owner or operator that the gasoline tank truck has been leak checked and passed the requirements of subparagraph (a) of this paragraph.

(c)The owner or operator shall display the Air Sticker in accordance with instructions provided by the Jefferson County Department of Health Air Pollution Control Program.

(5)The owner or operator of a vapor collection system at a bulk plant, bulk terminal, gasoline dispensing facility or gasoline tank truck subject to this Rule shall:

(a)design and operate the vapor collection system and the gasoline loading equipment in a manner that prevents:

1.gauge pressure from exceeding 4.50 kPa (18 inches of H20) and vacuum from exceeding 1.50 kPa (6 inches of H20) in the gasoline tank truck;

2.a reading equal to or greater than one hundred percent (100%) of the lower explosive limit (LEL, measured as propane) at 2.5 centimeters from all points on the perimeter of a potential leak source when measured by the method referenced in Rule 335-3-6-.37(12) during loading or unloading operations at gasoline dispensing facilities, bulk plants and bulk terminals; and

3.avoidable visible liquid leaks during loading or unloading operations at gasoline dispensing facilities, bulk plants and bulk terminals;

(b)and within fifteen (15) days, repair and retest a vapor collection or control system that exceeds the limit in subparagraph (a)2. of this paragraph.

(6)The Director may, at any time, monitor a gasoline tank truck, vapor collection system or vapor control system to confirm continuing compliance with paragraphs (3), (4), and (5) of this Rule. Monitoring to confirm the continuing existence of leak-tight conditions shall be consistent with the procedures described in Appendix B of the OAQPS Guideline Series document, "Control of Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems," EPA-450/2-78-051.

(7)Each vapor-laden gasoline tank truck shall be:

(a)designed and maintained to be vapor-tight during loading, unloading operations, and transport with the exception of normal pressure/vacuum venting as required by DOT regulations; and

(b)if refilled in Jefferson County, filled only at:

1.bulk gasoline plants complying with Rule 335-3-6-.28; or

2.bulk gasoline terminals complying with Rule 335-3-6-.29.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: June 9, 1987. Amended: Effective Date: July 31, 1991. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)For the purpose of this Rule, the following definitions apply:

(a)"Packaging Rotogravure Printing" means printing upon paper, paper board, metal foil, plastic film, and other substrates, which are, in subsequent operations, formed into containers and labels for articles to be sold.

(b)"Publication Rotogravure Printing" means printing upon paper which is subsequently formed into books, magazines, catalogues, brochures, directories, newspaper supplements, and other types of printed materials.

(c)"Flexographic Printing" means the application of words, designs and pictures to a substrate by means of a roll printing technique in which both the pattern to be applied is raised above the printing roll and the image carrier is made of rubber or other elastometric materials. The two roller inking system consists of an ink trough, a rubber covered fountain roller, and a screened (Anilox) inking roller with cells of uniform size and depth. The fountain roller transfers the ink from the trough to the anilox roller cells. The anilox roller may be engraved or etched metal or ceramic. The cells of the anilox roller transfer the inks to the surface of the flexographic plate.

(d)"Roll Printing" means the application of words, designs and pictures to a substrate usually by means of a series hard rubber or steel rolls each with only partial coverage.

(e)"Rotogravure Printing" means the application of words, designs and pictures to a substrate by means of a roll printing technique which involves an intaglio or recessed image areas in the form of cells.

(f)"Letterpress Printing" means the application of words, designs, or pictures to a substrate by means of a raised ink surface in the mirror image of the printed material or "wrong-reading". The ink is transferred to the substrate directly from the raised surface. Inking rollers transfer the ink from the ink trough directly to the image carrier. Letterpress inks, which typically have the consistency of paste, are viscous and tacky.

(2)This Rule shall apply to packaging rotogravure, printing rotogravure, and flexographic printing facilities.

(3)No owner or operator of a packaging rotogravure, printing rotogravure or flexographic printing facility subject to this Rule and employing solvent containing ink shall operate, cause, allow or permit the operation of the facility unless:

(a)the volatile fraction of ink, as it is applied to the substrate, contains twenty-five percent (25%) by volume or less of organic solvent and seventy-five percent (75%) by volume or more of water; or

(b)the facility prints with ink which contains sixty percent (60%) by volume or more nonvolatile material; or

(c)the owner or operator installs and operates:

1.a carbon adsorption system which reduces the volatile organic emissions from the capture system by at least ninety percent (90%) by weight; or

2.an incineration system which oxidizes at least ninety percent (90%) of the VOCs (VOC measured as total combustible carbon) to carbon dioxide and water; or

3.an alternative VOC emission reduction system demonstrated to have at least a ninety percent (90%) reduction efficiency, measured across the control system, that has been approved by the Director.

(4)A capture system shall be used in conjunction with the emission control systems in subparagraph (3)(c) of this Rule. The design and operation of a capture system must be consistent with good engineering practice, and shall be required to provide for an overall reduction in VOC emissions of at least:

(a)seventy-five percent (75%) where a publication rotogravure process is employed;

(b)sixty-five percent (65%) where a packaging rotogravure process is employed; or

(c)sixty percent (60%) where a flexographic printing process is employed.

(5)If add-on control equipment is used, continuous monitors of the following parameters shall be installed, periodically calibrated, and operated at all times that the associated control equipment is operating:

(a)exhaust gas temperature of all incinerators;

(b)temperature rise across a catalytic incinerator bed;

(c)breakthrough of VOC on a carbon adsorption unit; and

(d)any other continuous monitoring or recording device required by the Director.

(6)The owner or operator of all Graphic Arts sources subject to the requirements in this Rule shall maintain as a minimum the following records to demonstrate compliance in the time frame required by any regulation under this Rule or Air Permit condition:

(a)The quantity in gallons of all inks delivered to the application system; and

(b)The quantity in gallons of all organic liquid dilutents (ink thinners and additives) added to the surface coatings; and,

(c)The quantity in gallons of all organic liquid solvents used for wash (blanket) or cleanup; and,

(d)The quantity in gallons of all organic liquid waste properly contained and shipped out for proper disposal and a certification of the waste density and percent VOC content by weight; and,

(e)The following information on all inks and organic liquid solvents (dilutents, wash, and cleanup):

1.Manufacturer; and,

2.Product name and manufacturer's code number; and,

3.Density (pounds per gallon); and,

4.VOC content in percent weight and volume; and,

5.Solids content in percent weight and volume; and,

6.Water content in percent weight and volume; and,

7.Exempt VOC content in percent weight and volume.

(f)The permanent records required under this paragraph shall be retained by the owner or operator at the location of the regulated source for a minimum of two years after the date of record and shall be available to representatives of the Director upon request.

(g)The recordkeeping provisions of this paragraph 335-3-6-.43(6) shall not apply if the Director determines that alternative records would be sufficient to provide assurance that the source is operating in compliance on a twenty-four (24) hour basis and these alternative requirements are incorporated as permit conditions for the source. In no case can recordkeeping requirements be waived or the stringency of the emissions limit be relaxed.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: June 9, 1987. Amended: Effective Date: July 31, 1991. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)For the purpose of this Rule, the following definitions apply:

(a)"Condensate" means hydrocarbon liquid separated from natural gas which condenses due to changes in the temperature and/or pressure and remains liquid at standard conditions.

(b)"Crude Oil" means a naturally occurring mixture which consists of hydrocarbons and sulfur, nitrogen and/or oxygen derivatives of hydrocarbons which is a liquid in the reservoir at standard conditions.

(c)"Custody Transfer" means the transfer of produced crude oil and/or condensate, after processing and/or treating in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other forms of transportation.

(d)"External Floating Roof" means a storage vessel cover in an open top tank consisting of a double deck or pontoon single deck which rests upon and is supported by the petroleum liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank wall.

(e)"Liquid-mounted Seal" means a primary seal mounted in continuous contact with the liquid between the tank wall and the floating roof around the circumference of the tank.

(f)"Petroleum Liquids" mean crude oil, condensate, and any finished or intermediate products manufactured or extracted in a petroleum refinery.

(g)"Vapor-mounted Seal" means any primary seal mounted continuously around the circumference of the tank. The annular vapor space is bounded by the bottom of the primary seal, the tank wall, the liquid surface, and the floating roof.

(h)"Waxy, Heavy Pour Crude Oil" means a crude oil with a pour point of 10&#176; C (50&#176; F) or higher as determined by the American Society for Testing Materials Standard D 97-66, "Test for Pour Point of Petroleum Oils."

(2)This Rule shall apply to all petroleum liquid storage vessels equipped with external floating roofs, having capacities greater than 151,146 liters (40,000 gallons).

(3)This Rule shall not apply to petroleum liquid storage vessels which:

(a)are used to store waxy, heavy pour crude oil;

(b)have capacities less than 1,601,224 liters (423,000 gallons) and are used to store produced crude oil and condensate prior to custody transfer;

(c)contain a petroleum liquid with a true vapor pressure of less than 10.5 kPa (1.5 psia);

(d)contain a petroleum liquid with a true vapor pressure less than 27.6 kPa (4.0 psia); and

1.are of welded construction and

2.presently possess a metallic-type shoe seal, a liquid-mounted foam seal, a liquid-mounted liquid filled type seal, or other closure device of demonstrated equivalence approved by the Director; or

(e)are of welded construction, equipped with a metallic-type shoe primary seal and has a secondary seal from the top of the shoe seal to the tank wall (shoe-mounted secondary seal).

(4)No owner or operator of a petroleum liquid storage vessel subject to this Rule shall store a petroleum liquid in that vessel unless:

(a)the vessel has been fitted with:

1.a continuous secondary seal extending from the floating roof to the tank wall (rim-mounted secondary seal); or

2.a closure or other device which controls VOC emissions with an effectiveness equal to or greater than a seal required under subparagraph (a)l. of this paragraph as approved by the Director.

3.for vapor mounted seals, the area of accumulated gaps between the secondary seal and the tank wall are determined by the method in Rule 335-3-6-.37(8)(c), and shall not exceed 21.1 square centimeters per meter of the tank diameter (1.0 square inch per foot of tank diameter).

(b)all seal closure devices meet the following requirements:

1.there are no visible holes, tears, or other openings in the seal(s) or seal fabric;

2.the seal(s) are intact and uniformly in place around the circumference of the floating roof between the floating roof and tank wall; and

3.for vapor-mounted seals, the area of accumulated gaps between the secondary seal and the tank wall are determined by the method in Rule 335-3-6-.37(8)(c), and shall not exceed 21.2 square centimeters per meter of tank diameter (1.0 square inch per foot of tank diameter).

(c)all openings in the external floating roof, except for automatic bleeder vents, rim space vents, and leg sleeves, are:

1.equipped with covers, seals, or lids in the closed position except when the openings are in actual use; and

2.equipped with projections into the tank which remain below the liquid surface.

(d)automatic bleeder vents are closed at all times except when the roof is floated off or landed on the roof leg supports;

(e)rim vents are set to open when the roof is being floated off the leg supports or at the manufacturer's recommended setting; and

(f)emergency roof drains are provided with slotted membrane fabric covers or equivalent covers which cover at least ninety percent (90%) of the area of the opening.

(5)The owner or operator of a petroleum liquid storage vessel with an external floating roof subject to this Rule shall:

(a)perform routine inspections semi-annually in order to ensure compliance with paragraph (4) of this Rule, and the inspections shall include a visual inspection of the secondary seal gap;

(b)measure the secondary seal gap annually in accordance with Rule 335-3-6-.37(8) when the floating roof is equipped with a vapor-mounted primary seal; and

(c)maintain records of the throughput quantities, maximum true vapor pressure at storage conditions, and types of volatile petroleum liquids stored. Permanent records shall also be maintained of the results of the inspections performed in subparagraphs (a) and (b) of this paragraph.

(6)The owner or operator of a petroleum liquid storage vessel with an external floating roof not subject to this Rule, but containing a petroleum liquid with a true vapor pressure greater than 7.0 kPa (1.0 psia), shall maintain records of the average monthly storage temperature, the type of liquid, throughput quantities, and the maximum true vapor pressure for all petroleum liquids with a true vapor pressure greater than 7.0 kPa.

(7)The owner or operator of a petroleum liquid storage vessel subject to this Rule shall submit to the Director, as a minimum, an annual report detailing the results of routine monthly inspections, secondary seal gap measurements, and the amounts and physical properties of stored liquids.

(8)Copies of all records and reports under paragraphs (5), (6), and (7) of this Rule shall be retained by the owner or operator for a minimum of two (2) years after the date on which the record was made.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: June 9, 1987. Amended: Effective Date: September 21, 1989; July 31, 1991. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Except as otherwise required by the context, terms used in this Rule are defined in Rule 335-3-1-.02 or in this paragraph, as follows:

(a)"Cartridge Filter" means perforated canisters containing filtration paper and/or activated carbon that are used in a pressurized system to remove solid particles and fugitive dyes from soil-laden solvent.

(b)"Containers and Conveyors of Solvent" means piping, ductwork, pumps, storage tanks, and other ancillary equipment that are associated with the installation and operation of washers, dryers, filters, stills, and settling tanks.

(c)"Dry Cleaning" means a process for the cleaning of textiles and fabric products in which articles are washed in a nonaqueous solution (solvent) and then dried by exposure to a heated air stream.

(d)"Perceptible Leaks" means any petroleum solvent vapor or liquid leaks that are conspicuous from visual observation; such as pools or droplets of liquid, or buckets or barrels of solvent or solvent-laden waste standing open to the atmosphere.

(e)"Petroleum Solvent" means organic material produced by petroleum distillation comprising a hydrocarbon range of 8 to 12 carbon atoms per organic molecule that exists as a liquid under standard conditions.

(f)"Solvent Recovery Dryer" means a class of dry cleaning dryers that employs a condenser to liquefy and recover solvent vapors evaporated in a closed-loop, recirculating stream of heated air.

(2)Applicability. This Rule shall apply to petroleum solvent washers, dryers, solvent filters, settling tanks, vacuum stills, and other containers and conveyors of petroleum solvent that are used in petroleum solvent dry cleaning facilities that consume 123,026 liters (32,500 gallons) or more of petroleum solvent annually.

(3)Standards.

(a)Each owner or operator of a petroleum solvent dry cleaning dryer shall either:

1.limit VOC emissions to the atmosphere to 3.5 kilograms (7.7 lbs) of volatile organic compounds per 100 kilograms (220 lbs) dry weight of articles dry cleaned; or

2.install and operate a solvent recovery dryer in a manner such that the dryer remains closed and the recovery phase continues until a final recovered solvent flow rate of 50 milliliters (1.7 oz) per minute is attained.

(b)Each owner or operator of a petroleum solvent filtration system shall either:

1.reduce the volatile organic compound content in all filtration wastes to 1.0 kilogram (2.2 lbs) or less per 100 kilograms (220 lbs) dry weight of articles dry cleaned, before disposal, and exposure to the atmosphere, or

2.install and operate a cartridge filtration system, and drain the filter cartridges in their sealed housings for 8 hours or more before their removal.

(c)Each owner or operator shall repair all petroleum solvent vapor and liquid leaks within 3 working days after identifying the sources of the leaks. If necessary repair parts are not on hand, the owner or operator shall order these parts within 3 working days, and repair the leaks no later than 3 working days following the arrival of the necessary parts.

(4)Testing and Monitoring.

(a)To be in compliance with subparagraph (3)(a)l. of this Rule the owner or operator shall:

1.calculate, record, and report to the Director the weight of volatile organic compounds vented from the dryer emission control device calculated by using EPA Reference Methods 1, 2, and 25A of 40 CFR 60 with the following specifications:

(i)field calibration of the flame ionization analyzer with propane standards;

(ii)laboratory determination of the ratio of the flame ionization analyzer response to a given parts per million by volume concentration of propane to the response to the same parts per million concentration of the volatile organic compounds to be measured; and

(iii)determination of the weight of volatile organic compounds vented to the atmosphere by:

(I)the multiplication of the ratio determined in subparagraph (a)1.(ii) of this paragraph by the measured concentration of volatile organic compound gas (as propane) as indicated by the flame ionization analyzer response output record;

(II)the conversion of the parts per million by volume value calculated in subparagraph (a)1.(iii)(I) of this paragraph into a mass concentration value for the volatile organic compounds present; and

(III)multiply the mass concentration value calculated in subparagraph (a)1.(iii)(II) of this paragraph by the exhaust flow rate determined by using EPA Reference Test Methods 1 and 2;

2.calculate, record, and report to the Director the dry weight of articles dry cleaned; and

3.repeat subparagraphs (a)1. and 2. above for normal operating conditions that encompass at least 30 dryer loads, which total not less than 1,800 kg dry weight, and represent a normal range of variations in fabrics, solvents, load weights, temperatures, flow rates, and process deviations.

(b)To determine compliance with subparagraph (3)(a)2. of this Rule, the owner or operator shall verify that the flow rate of recovered solvent from the solvent recovery dryer at the termination of the recovery phase is no greater than 50 milliliters (1.7 oz) per minute. This one-time procedure shall be conducted for a duration of no less than two weeks during which no less than 50 percent of the dryer loads shall be monitored for their final recovered solvent flow rate. The suggested point for measuring the flow rate of recovered solvent is from the solvent-water separator. Near the end of the recovery cycle, the flow of recovered solvent should be diverted to a graduated cylinder. The cycle should continue until the minimum flow of solvent is 50 milliliters (1.7 oz) per minute. The type of articles cleaned and the total length of the cycle should then be recorded.

(c)To be in compliance with subparagraph (3)(b)1. of this Rule the owner or operator shall:

1.calculate, record, and report to the Director the weight of volatile organic compounds contained in each of at least five 1.0 kilogram (2.2 lbs) samples of filtration waste material taken at intervals of at least 1 week by employing ASTM Method D322-80 (Standard Test Method for Gasoline Diluent in Used Gasoline Engine Oils by Distillation);

2.calculate, record, and report to the Director the total dry weight of articles dry cleaned during the intervals between removal of filtration waste samples, as well as the total mass of filtration waste produced in the same period; and

3.calculate, record, and report to the Director the weight of volatile organic compounds contained in filtration waste material per 100 kilograms (220 lbs) dry weight of articles dry cleaned.

(d)Compliance with subparagraph (3)(c) of this Rule requires that each owner or operator make weekly inspections of washers, dryers, solvent filters, settling tanks, vacuum stills, and all containers and conveyors of petroleum solvent to identify perceptible volatile organic compound vapor or liquid leaks.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: June 9, 1987. Amended: Effective Date: July 31, 1991. Amended: Filed October 17, 1996; effective November 21, 1996.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, and 22-22A-8.

History: Effective Date: June 9, 1987. Amended: Effective Date: July 31, 1991.

(1)Except as otherwise required by the context, terms used in this Rule are defined in Rule 335-3-1-.02 or in this paragraph as follows:

(a)"Closed Vent System" means a system that is not open to the atmosphere and that is composed of piping, connections, and, if necessary, flow indicating devices that transport gas or vapor from a piece or pieces of equipment to a control device.

(b)"Coke By-Product Recovery Plant" means any facility engaged in the separation and recovery of various fractions from coke oven gas, including tar, pitch, ammonium sulfate, naphthalene, and light oil.

(c)"Connector" means flanged, screwed, welded, or other joined fittings used to connect two pipe lines or a pipe line and a piece of process equipment.

(d)"Conservation Vent" means a pressure-vacuum valve installed on a napthalene separation unit cover that prevents the release of vapors during small changes in temperatures, barometric pressure, or liquid level.

(e)"Control Device" means an enclosed combustion device, vapor recovery system or flare.

(f)"Equipment" means each pump, valve, pressure relief valve, sampling connection, open-ended valve, and flange or connector in VOC service.

(g)"First Attempt at Repair" means taking rapid action for the purpose of stopping or reducing leakage of organic material to atmosphere using best practices.

(h)"In Gas Service" means that the piece of equipment contains process fluid that is in the gaseous state at operating conditions.

(i)"In Light Liquid Service" means that the piece of equipment contains or contacts a process fluid that is a liquid at operating conditions, one or more components having a vapor pressure greater than 0.3 kPa at 20&#176; C (0.04 psia at 68&#176; F), and the total concentration of the pure components, having a vapor pressure greater than 0.3 kPa at 20&#176; C, is equal to or greater than 20 percent by weight.

(j)"In Vacuum Service" means that equipment is operating at an internal pressure which is at least 5 kPa (0.73 psia) below ambient pressure.

(k)"In VOC Service" means that the piece of equipment contains or contacts VOC.

(1)"Naphthalene Separation Unit" means the settling tank and associated equipment used in the recovery of naphthalene from the final cooler aqueous effluent.

(m)"Open-Ended Valve" means any valve, except pressure relief devices, having one side of the valve in contact with process fluid and one side open to the atmosphere, either directly or through open piping.

(n)"Pressure Release" means the emission of materials resulting from system pressure being greater than set pressure of the pressure relief device.

(o)"Quarter" means the following three-month periods: January through March, April through June, July through September, and October through December.

(p)"Reference Method 21" means Reference Method 21 of Appendix A of 40 CFR 60.

(q)"Repaired" means that equipment is adjusted, or otherwise altered, in order to eliminate a leak as indicated by one of the following: an instrument reading of 10,000 ppm or greater, indication of liquids dripping, or indication by a sensor that a seal or barrier fluid system has failed.

(2)The provisions of this Rule shall apply to all equipment in VOC service in a Coke By-Product Recovery Plant.

(3)General Requirements.

(a)Owners or operators of coke by-product recovery plants shall demonstrate compliance with the requirements of paragraphs (4) through (7) of this Rule. Compliance will be determined by review of records and reports, and inspection using the methods and procedures specified in Reference Method 21.

(b)Equipment that is in vacuum service shall be controlled by means of a closed vent system, or determined to achieve emission limitation at least equivalent to the requirements of paragraphs (4) through (7) of this Rule.

(c)Each component subject to the requirements of this paragraph shall be marked with weatherproof tags that will be readily obvious to both plant personnel and the Director, and have an identification number.

(d)Any component in VOC service that appears to be leaking on the basis of sight, smell, or sound, shall be repaired with an initial attempt as soon as possible and final repair within 15 calendar days.

(4)Pumps in Light Liquid Service.

(a)Each pump in light liquid service shall be monitored each calendar quarter to detect leaks by the methods specified in Reference Method 21.

(b)Each pump in light liquid shall be checked by visual inspection each calendar week for indications of liquids dripping from the pump seal.

(c)If an instrument reading of 10,000 ppm or greater is measured, or if there are indications of liquids dripping from the pump seal, a leak is detected.

(d)When a leak is detected, it shall be repaired as soon as practicable, but no later than 15 calendar days after it is detected, except as provided in paragraph (8) of this Rule.

(5)Valves in Gas and Light Liquid Service.

(a)Each valve in gas and light liquid service shall be monitored each calendar quarter to detect leaks by the methods specified in Reference Method 21, except as provided in subparagraph (d) of this paragraph.

(b)If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.

(c)When a leak is detected, it shall be repaired as soon as practicable, but no later than 15 calendar days after the leak is detected.

(d)Valves in gas and light liquid service may be exempted from this paragraph provided:

1.An owner or operator demonstrates that a valve cannot be monitored without elevating the monitoring personnel more than 2 meters above a support surface.

2.A valve has no external actuating mechanism in contact with the process fluid.

(6)Pressure Relief Valves in Gas Service.

(a)Each pressure relief valve in gas service shall be monitored each calendar quarter to detect leaks by methods specified in Reference Method 21.

(b)If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.

(c)When a leak is detected, excluding over pressure releases, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected.

(7)Open Ended Valves.

(a)Each open-ended valve shall be equipped with a cap, blind flange, plug, or a second valve, except during operations requiring fluid flow through the open-ended valve.

(b)Each open-ended valve equipped with a second valve shall be operated in a manner such that the valve on the process fluid end is closed before the second valve is closed.

(c)Open-ended valves which serve as a sampling connection shall be equipped with a closed purge system or closed vent system such that:

1.purged process fluid be returned to the process line with zero VOC emissions to atmosphere, or

2.collect and recycle the purged process fluid with zero VOC emissions to atmosphere.

(8)Delay of Repair.

(a)Delay of repair of equipment for which leaks have been detected will be allowed if repair is technically infeasible without process unit shutdown. Repair of this equipment shall occur before the end of the next process unit shutdown.

(b)Delay of repair of equipment will be allowed for equipment which is isolated from the process and which does not remain in VOC service.

(c)Delay of repair for valves will be allowed if the owner or operator demonstrates that emissions of purged material resulting from immediate repair are greater than the fugitive emissions likely to result from delay of repair, and when repair procedures are effected, the purged material is collected and destroyed or recovered in a control device or collected and recycled with zero emissions to atmosphere.

(9)Naphthalene Separation Unit Emissions.

(a)Each owner or operator of any open settling tank used in the separation of napthalene from final cooler aqueous effluent shall enclose and seal the tank to contain VOC emissions. The cover may include the following items of equipment:

1.a vent equipped with a water leg seal or a conservation vent; and

2.an access hatch which is equipped with a gasket.

(b)The cover may be removed when required by process operations, but must be replaced at the completion of operations.

(10)Recordkeeping Requirements.

(a)Owners or operators of coke by-product recovery plants shall maintain monitoring records for all components subject to the requirements of this Rule. This log shall contain at a minimum the following data:

1.the type of component;

2.the location of the component;

3.the identification number of the component;

4.the date on which a leaking component is discovered, initial repair attempted, and the component is repaired;

5.the date and instrument reading of the recheck monitoring after a leaking component is repaired;

6.a record of the calibration of the monitoring instrument; and

7.the identification of components awaiting repair according to paragraph (8) of this Rule.

(b)Copies of the monitoring log shall be retained by the owner or operator for a minimum of 2 years after the date on which the record was made or the report prepared.

(c)Copies of the monitoring log shall immediately be made available to the Director or his representative upon verbal or written request, at any reasonable time.

(11)Reporting Requirements. Owners or operators of coke by-product recovery plants shall submit reports for each calendar quarter to the Director listing the following data:

(a)the total number of components inspected;

(b)the total number of components found leaking; and

(c)the total number of components awaiting repair

per delay of repair provisions of paragraph (8) of this Rule.

(12)The Director, upon written notice, may modify the monitoring, recordkeeping and reporting requirements.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: June 9, 1987. Amended: Effective Date: July 31, 1991. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)For the purpose of this Rule, all terms not defined herein shall have the meaning given them in Rule 335-3-6-.47(1) or in Rule 335-3-1-.02, and for the following term the specific definition given shall apply:

(a)"Coke Oven Gas Bleeder" means that piece of equipment which vents surplus coke oven gas (gas not consumed in the process or supplied to other sources) directly to the atmosphere.

(2)Owners or operators of coke by-product recovery plants shall equip each coke oven gas bleeder with a closed vent system capable of capturing and transporting excess gas to a control device. All coke oven gas from the closed vent system shall be passed through the said control device which removes at least 95-percent of the VOC from such gas before it is discharged to the atmosphere.

(3)Owners or operators of control devices used to comply with this Rule shall monitor these control devices to ensure that they are operated and maintained in conformance with their design specifications.

(4)Closed vent systems shall be monitored to determine compliance with no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, and, by visual inspections, quarterly and at other times requested by the Director.

(5)Control devices used to comply with the provisions of this Rule shall be operated at all times when emissions may be vented to them from the closed vent systems.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: June 9, 1987. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Except as otherwise required by the context, terms used in this Rule are defined in Rule 335-3-1-.02 or in this paragraph as follows:

(a)"Adhesive" means any substance that is capable of bonding surface together by attachment.

(b)"Adhesive Application System" means all operations and equipment which applies, conveys, and dries an adhesive, including, but not limited to, spray booths, flow coaters, flash off areas, air dryers, and ovens.

(c)"Elastomeric Adhesive" means any adhesive containing natural or synthetic rubber.

(d)"Flash-Off Area" means the space between the application area and the oven.

(e)"Lamination of Countertops" means the bonding of a decorative material such as vinyl, plastic, or linoleum, to particle board, composition board, plywood, or other similar materials to manufacture a cabinet or countertop using an adhesive.

(2)This Rule shall apply to all facilities which have the potential to emit more than 90.7 Mg (100 tons) per year of VOCs from the manufacture of counter and cabinet tops by bonding decorative laminates to wood, particle board, composition board, or similar materials.

(3)No owner or operator of a facility manufacturing laminated countertops subject to this Rule may cause, allow, or permit the discharge into the atmosphere in excess of 0.06 kilogram of VOC per liter (0.5 lb/gal) of adhesive, excluding water, as delivered to the adhesive application system.

(4)Compliance with the emission limit under this Rule shall be demonstrated by one or more of the following methods:

(a)For low solvent adhesive technology, the VOC mass emission rate shall be demonstrated via certification by the adhesive manufacturer as to the composition of the adhesive, if supported by actual batch formulation records. Sufficient data to determine as-applied formulation must be provided if the as-applied formulation is different from the as-purchased adhesive.

(b)For add-on control equipment, the VOC mass emission rate shall be determined using the test procedures found in 40 CFR 60 (except that references to Administrator are changed to Director) and a method consistent with one of the following test methods:

1.Reference Method 25.

2.Reference Method 25A.

3.Reference Method 25B.

4.Reference Method 18.

(5)Recordkeeping.

(a)The owner or operator of a laminated countertop manufacturing line subject to the requirements in this Rule shall maintain as a minimum the following daily records to demonstrate compliance in the time frame required by subparagraph (b) of this paragrahg below or Air Permit condition:

1.the quantity in gallons of all adhesives delivered to the application system; and

2.the quantity in gallons of all organic liquid diluents (thinners and additives) added to the adhesives; and

3.the quantity in gallons of all organic liquid solvents used for wash or cleanup; and

4.the quantity in gallons of all organic liquid waste properly contained and shipped out for proper disposal and a certification of the waste density and percent VOC content by weight; and

5.the date of each application of adhesives, diluents and usage of wash and cleanup solvents; and

6.the regulation(s) applicable to the laminated countertop manufacturing line for which the records are being maintained; and

7.the daily records shall be kept in the units necessary to verify compliance (i.e., pounds of VOC per gallon of adhesive delivered to the application system, excluding water and exempt VOC); and

8.the application method and the substrate material type; and

9.where applicable, the continuous combustion temperature in degrees Fahrenheit of a thermal incinerator control system; and

10.where applicable, the temperature rise across the catalyst bed and exhaust temperature in degrees Fahrenheit of a catalytic incinerator control system; and

11.where applicable, the inlet and outlet temperature in degrees Fahrenheit of the cooling medium of a condenser control system; and

12.the following information on all adhesives and organic liquid solvents (diluents, additives, wash, and cleanup):

(i)manufacturer (supplier); and

(ii)product name and manufacturer's code number; and

(iii)density (pounds per gallon); and

(iv)VOC content in percent weight and volume; and

(v)solids content in percent weight and volume; and

(vi)water content in percent weight and volume; and

(vii)exempt VOC content in percent weight and volume; and

(viii)pounds of VOC per gallon of adhesive delivered to the application system, excluding water and exempt VOC.

(b)The compliance demonstration time frame for an individual laminated countertop manufacturing line shall be a twenty-four (24) hour period (calendar day).

(c)The daily records required under this Chapter shall be retained by the owner or operator at the location of the regulated source for a minimum of two years after the date of record and shall be available to representatives of the Director upon request.

(d)The recordkeeping provisions of this Chapter shall not apply if the Director determines that alternative records would be sufficient to provide assurance that the source is operating in compliance on a twenty-four (24) hour basis and these alternative requirements are incorporated as permit conditions for the source. In no case can recordkeeping requirements be waived or the stringency of the emissions limit be relaxed.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: June 9, 1987. Amended: Effective Date: September 21, 1989; July 31, 1991. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Except as otherwise required by the context, terms used in this Rule are defined in Rule 335-3-1-.02 or in this paragraph, as follows:

(a)"Bottom Filling" means the filling of a tank in VOC service through an opening that is flush with the bottom of the tank.

(b)"Conservation Vents" means a pressure-vacuum valve installed on a fixed roof tank that prevents the release of vapors during small changes in temperatures, barometric pressure, or liquid level.

(c)"Enamel" means a glossy paint that forms a smooth hard coat after application and drying.

(d)"Equipment" means each pump, valve, pressure relief valve, sampling connection, open-ended valve, and flange or connector in VOC service.

(e)"In-VOC Service" means that the piece of equipment contains or contacts a fluid which is at least 10% VOC by weight.

(f)"Paint" means a liquid suspension of finely divided pigment particles in a liquid composed of a resin or binder and volatile solvent. Paint includes water-based, solvent-based oil and alkyd paints.

(g)"Repaired" means that equipment is adjusted or otherwise altered in order to eliminate indications of a leak.

(h)"Submerged Filling" means the filling of a tank through a pipe or hose whose discharge is under the surface level of the liquid in the tank being filled.

(i)"Varnish" means a homogeneous solution of natural or synthetic resins, dyes, and oils dispersed in organic solvents. The term varnish includes varnishes, resins, and lacquers.

(2)This Rule shall apply to all facilities which have the potential to emit more than 90.7 Mg (100 tons) per year of VOCs from the manufacture or processing of paints, varnishes, lacquers, enamels, and other allied surface coating products.

(3)The owner or operator of a paint, varnish, lacquer, enamel, and other allied surface coatings manufacturing or processing facility subject to this Rule shall meet the following equipment and operating requirements:

(a)The owner or operator shall equip tanks storing VOC with a vapor pressure greater than 10 kPa (1.5 psi) at 20&#176; C (68&#176; F) with pressure/vacuum Conservation Vents set at + 0.2 kPa (0.029 psi), except where more effective air pollution control is used. Stationary VOC storage containers with a capacity greater than 946 liters (250 gallons) shall be equipped with a submerged-fill pipe or bottom fill, except where more effective air pollution control is used.

(b)The owner or operator shall install covers on all open-top tanks used for the production of non-waterbase coating products. These covers shall remain closed except when production, sampling, maintenance or inspection procedures require operator access.

(c)The owner or operator shall install covers on all tanks containing VOC used for cleaning equipment. These covers shall remain closed except when operator access is required.

(d)The owner or operator shall operate and maintain all grinding mills according to the manufacturer's specifications. The manufacturer's specifications shall be kept on file at the facility and made available to the Director on request.

(e)The owner or operator shall check each pump by visual inspection each calendar week for indications of liquids dripping from the pump seal. If there are indications of liquids dripping from the pump seal, it shall be repaired as soon as practicable, but no later than 15 calendar days after it is detected.

(f)If any equipment in VOC service appears to be leaking on the basis of sight, smell, or sound, the following requirements shall apply:

1.a readily visible identification shall be attached to the leaking equipment. The identification may be removed upon repair.

2.the leaking equipment shall be repaired with an initial attempt as soon as practicable, but no later than 15 calendar days after it is detected.

3.when a leak is detected, the owners or operators shall record the date of detection and repair and the said record shall be retained at the facility in a readily accessible location for at least 2 years from the date of each detection or each repair attempt.

(4)All gases or vapors from varnish cooking (resin reactor) operations shall be collected and passed through a control device which removes at least 85 percent of the VOC from such gases or vapors before they are discharged to the atmosphere.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: June 9, 1987. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)This Rule shall apply to natural gas-fired afterburners installed to control the emissions of volatile organic compounds (VOCs) for the purpose of reducing ambient ozone concentrations. It does not apply to flares, VOCs vented to boilers, afterburners-operated principally for odor control, or afterburners operated to control toxic or hazardous substances.

(2)The months of applicability for the seasonal afterburner shutdown shall be December, January, and February.

(3)Seasonal shutdown of natural gas-fired afterburners shall be allowed in Jefferson County under the following conditions:

a.the afterburner is for the control of VOC emissions only;

b.a petition to shutdown an afterburner is submitted in writing to the Director thirty (30) days prior to the shutdown date each season specifying the period(s) within the seasonal afterburner shutdown period when the shutdown shall be in effect for the afterburner;

c.written approval is granted by the Director for each afterburner; and

d.monthly records in a format approved by this Department, are maintained during the periods of afterburner shutdown of the quantity of VOC emissions from the source for which the afterburner is normally used as an air pollution control device.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: June 9, 1987. Amended:

(1)Reference Method 1, "Sample and Velocity Traverses for Stationary Sources," 40 CFR 60, Appendix A.

(2)Reference Method 1A, "Sample and Velocity Traverses for Stationary Sources with Small Stacks or Ducts," 40 CFR 60, Appendix A.

(3)Reference Method 2, "Determination of Stack Gas Velocity and Volumetric Flow Rate (Type S Pitot Tube)," 40 CFR 60, Appendix A.

(4)Reference Method 2A, "Direct Measurement of Gas Volume Through Pipes and Small Ducts," 40 CFR 60,

Appendix A.

(5)Reference Method 2B, "Determination of Exhaust Gas Volume Flow Rate from Gasoline Vapor Incinerators," 40 CFR 60, Appendix A.

(6)Reference Method 2C, "Determination of Stack Gas Velocity and Volumetric Flow Rate from Small Stacks or Ducts (Standard Pitot Tube)," 40 CFR 60, Appendix A.

(7)Reference Method 2D, "Measurement of Gas Volume Flow Rates in Small Pipes and Ducts," 40 CFR 60, Appendix A.

(8)Reference Method 3, "Gas Analysis for Carbon Dioxide, Oxygen, Excess Air, and Dry Molecular Weight," 40 CFR 60, Appendix A.

(9)Reference Method 3A, "Determination of Oxygen and Carbon Dioxide Concentrations in Emissions From Stationary Sources (Instrumental Analyzer Procedure)," 40 CFR 60, Appendix A.

(10)Reference Method 4, "Determination of Moisture Content in Stack Gases," 40 CFR 60, Appendix A.

(11)Reference Method 18, "Determination of Gaseous Organic Compounds by Gas Chromatography," 40 CFR 60, Appendix A.

(12)Reference Method 21, "Determination of Volatile Organic Compound Leaks," 40 CFR 60, Appendix A.

(13)Reference Method 23, "Determination of Polychlorinated Dibenzo-p-dioxins and Polychlorinated dibenzofurans From Stationary Sources", 40 DFR 60, Appendix A.

(14)Reference Method 24, "Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings," 40 CFR 60, Appendix A.

(15)Reference Method 24A, "Determination of Volatile Matter Content and Density of Printing Inks and Related Coatings," 40 CFR 60, Appendix A.

(16)Reference Method 25, "Determination of Total Gaseous Nonmethane Organic Emissions as Carbon," 40 CFR 60, Appendix A.

(17)Reference Method 25A, "Determination of Total Gaseous Organic Concentrations Using a Flame Ionization Analyzer," 40 CFR 60, Appendix A.

(18)Reference Method 25B, "Determination of Total Gaseous Organic Concentration Using a Nondispersive Infrared Analyzer," 40 CFR 60, Appendix A.

(19)Reference Method 27, "Determination of Vapor Tightness of Gasoline Delivery Tank Using Pressure-Vacuum Test," 40 CFR 60, Appendix A.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: Amended: Effective Date: September 21, 1989; July 31, 1991. Amended: Filed October 17, 1996; effective November 21, 1996.

No person shall emit the carbon monoxide gases generated during the operation of a grey iron cupola, blast furnace, or basic oxygen steel furnace unless they are burned at a 1300&#176; F for 0.3 seconds or greater in a direct flame afterburner or equivalent device equipped with an indicating pyrometer which is positioned in the working area at the operator's eye level.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended:

No person shall emit carbon monoxide waste gas stream from any catalyst regeneration of a petroleum cracking system, petroleum fluid coker, or other petroleum process into the atmosphere, unless the waste gas stream is burned at 1300&#176; F for 0.3 seconds or greater in a direct-flame afterburner or boiler equipped with an indicating pyrometer which is positioned in the working area at the operator's eye level.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5; 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended:

(1)Applicability. The requirements of this Rule apply only to Portland cement kilns in the Counties of Autauga, Bibb, Blount, Calhoun, Chambers, Cherokee, Chilton, Clay, Cleburne, Colbert, Coosa, Cullman, Dallas, Dekalb, Elmore, Etowah, Fayette, Franklin, Greene, Hale, Jackson, Jefferson, Lamar, Lauderdale, Lawrence, Lee, Limestone, Macon, Madison, Marion, Marshall, Morgan, Perry, Pickens, Randolph, Russell, Shelby, St. Clair, Sumter, Talladega, Tallapoosa, Tuscaloosa, Walker, and Winston with process rates of at least the following:

(a)Long dry kilns-12 short tons per hour (TPH) of clinker produced;

(b)Long wet kilns-10 short TPH of clinker produced;

(c)Preheater kilns-16 short TPH of clinker produced; and

(d)Precalciner and preheater/precalciner kilns-22 short TPH of clinker produced.

(2)Definitions. For the purpose of this Rule, the following definitions apply:

(a)"Clinker" means the product of a Portland cement kiln from which finished cement is manufactured by milling and grinding.

(b)"Long Dry Kiln" means a kiln 14 feet or larger in diameter, 400 feet or greater in length, which employs no preheating of the feed. The inlet feed to the kiln is dry.

(c)"Long Wet Kiln" means a kiln 14 feet or larger in diameter, 400 feet or greater in length, which employs no preheating of the feed. The inlet feed to the kiln is a slurry.

(d)"Low-NOX Burners" means combustion equipment designed to reduce flame turbulence, delay fuel/air mixing, and establish fuel rich zones for initial combustion.

(e)"Mid-kiln System Firing" means secondary firing in kiln systems by injecting solid fuel at an intermediate point in the kiln system using a specially designed fuel injection mechanism for the purpose of decreasing nitrogen oxide (NOX) emissions through:

1.Burning part of the fuel at a lower temperature; and

2.Reducing conditions at the fuel injection point that may destroy some of the NOX formed upstream in the kiln burning zone.

(f)"Portland Cement" means a hydraulic cement produced by pulverizing clinker consisting essentially of hydraulic calcium silicates, usually containing one or more of the forms of calcium sulfate as an interground addition.

(g)"Portland Cement Kiln" means a system, including any solid, gaseous or liquid fuel combustion equipment, used to calcine and fuse raw materials, including limestone and clay, to produce Portland cement clinker.

(h)"Precalciner Kiln" means a kiln where the feed to the kiln system is preheated in cyclone chambers and utilize a second burner to calcine material in a separate vessel attached to the preheater prior to the final fusion in a kiln which forms clinker.

(i)"Preheater Kiln" means a kiln where the feed to the kiln system is preheated in cyclone chambers prior to the final fusion in a kiln which forms clinker.

(3)Standard Requirements. After May 31, 2004, the owner or operator of any Portland cement kiln subject to this Rule shall not operate the kiln during May 1 through September 30 unless the kiln has installed and operates during May 1 to September 30 with at least one of the following: low-NOX burners, mid-kiln system firing, alternative control techniques or reasonably available control technology approved by the Director and the EPA as achieving at least the same emissions decreases as with low-NOX burners or mid-kiln system firing.

(4)The owner or operator subject to the requirements of paragraph (3) of this Rule above shall comply with the requirements as follows:

(a)By May 31, 2004, submit to the Department the identification number and type of each Portland cement kiln subject to this Rule, the name and address of the facility where the kiln is located, and the name and telephone number of the person responsible for demonstrating compliance with paragraph (3); and

(b)Submit data, electronically and in a format prescribed and provided by the Department, which reports the total NOX emissions from May 1 through September 30 of each year as follows:

1.Annual reporting. For each kiln, beginning with emission year 2004 and every year thereafter, by March 31st of the calendar year following the emission year being reported, the data specified in 40 CFR, &#167;&#167;51.122(c)(1) and (2) must be submitted to the Department.

2.Triennial reporting. For each kiln, beginning with emission year 2005 and every third year thereafter, by March 31st of the calendar year following the emission year being reported, the data specified in 40 CFR,51.122(c)(3) must be submitted to the Department.

3.Year 2003 reporting. For each kiln, by March 31, 2004, the data specified in 40 CFR, &#167;51.122(c)(3) must be submitted to the Department.

4.Year 2007 reporting. For each kiln, by March 31, 2008, the data specified in 40 CFR, &#167;51.122(c)(3) must be submitted to the Department.

(5)By May 31, 2004, the owner or operator of a kiln subject to this Rule shall submit to the Department a demonstration of compliance with the requirements of paragraph (3). If compliance is being achieved by use of prescribed equipment, for example low-NOX burners or mid-kiln system firing, the demonstration of compliance shall be written certification to the Department that this equipment is installed and in use. If compliance is being achieved by use of alternative control techniques, approved by the Director and EPA, demonstration of compliance shall be specified by the Director and EPA. In case of compliance proposed to be achieved by use of alternative control techniques, a plan for compliance demonstration shall be submitted to the Department by May 1, 2003. Upon receipt, the Department shall immediately forward a copy of the plan to the EPA. By November 1, 2003, the Director shall specify in writing to the owner or operator of the kiln how compliance shall be demonstrated, this specification consistent with methods and requirements specified by the EPA following its review of the submitted plan.

(6)By December 31 of each year, beginning in 2004, the owner or operator of a Portland cement kiln subject to this Rule shall submit to the Department a written certification that compliance with the requirements of paragraph (3) has been maintained during that year's five-month period May 1 though September 30. The methods of determining that this compliance has been maintained shall be as specified on the major source operating permit issued for the facility at which the kiln is operated.

(7)Beginning May 1, 2004, the owner or operator of a Portland cement kiln subject to this Rule shall maintain records for May 1 through September 30 of each year that include the data as follow:

(a)The date, time, and duration of any startup, shutdown, or malfunction in the operation of the cement kiln or its emissions monitoring equipment or of any scheduled maintenance activity that affects NOx emissions or emissions monitoring;

(b)The results of any compliance testing; and

(c)Other data required by permit to be maintained.

(8)The records listed in paragraph (7) of this Rule shall be retained on-site for a minimum of 2 years following the calendar year for which they are made and shall be made available to the Department for review upon request.

(9)The requirements of this Rule shall not apply to periods of scheduled maintenance activities that affect NOX emissions.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-8, 22-28-10, 22-28-11, 22-28-14, 22-28-18, 22-28-20.

History: New Rule: Filed March 2, 2001; effective April 6, 2001.

(1)Except as provided in paragraph (2) of this Rule, no person shall cause or permit the emission of nitrogen oxides, calculated as nitrogen dioxide, from nitric acid manufacturing plants in excess of 5.5 pounds per ton of one hundred percent (100%) acid produced.

(2)For nitric acid manufacturing plants within a designed capacity greater than one hundred and fifty (150) tons per day of one hundred percent (100%) acid, no person shall cause or permit the emission of nitrogen oxides, calculated as nitrogen dioxide, from such manufacturing plants in excess of twenty (20) pounds per ton of one hundred percent (100%) acid produced.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Applicability. This Rule applies to existing coal-fired electric utility steam generating installations in Walker and Jefferson Counties.

(2)During the compliance period specified in paragraph (3) below, no person shall cause or permit the operation of a coal-fired electric utility steam generating installation in Walker or Jefferson Counties in such a manner that nitrogen oxides (NOX) are emitted in excess of the emission limits established by the Department in this Rule and specified in the Major Source Operating Permit for the affected unit(s). The BTU-weighted 30-day rolling average NOX emission rate for the affected units shall be less than or equal to 0.21 pounds per million BTU of heat input, during the compliance period specified in paragraph (3) below.

(3)Beginning May 1, 2003, and each year thereafter, the compliance period shall begin May 1 and end on September 30 of each year. Compliance is based on a 30-day rolling average.

(a)The first calculated 30-day averaging period shall be May 1 through May 30.

(b)The last calculated 30-day averaging period shall be September 1 through September 30.

(4)Testing, Recordkeeping and Reporting.

(a)Continuous emissions monitoring systems (CEMS) to measure nitrogen oxide emissions from each affected unit shall be installed and operated at locations approved by the Director. The CEMS shall meet the specifications and procedures of 40 CFR Part 75 and will be certified and maintained in accordance with 40 CFR Part 75. In addition, each of the CEMS shall undergo a relative accuracy test audit (RATA) on an annual basis at times approved by the Director.

(b)Records of the 30-day average nitrogen oxide emission rate for the affected units shall be kept for a period of five (5) years.

(c)A written report of the 30-day average nitrogen oxide emission rates for the affected units shall be submitted to the Department by the 15th day of each month during the period from May 1 to September 30 of each year. The first report shall be submitted by June 15 and shall include data for the month of May. The final report shall be submitted by October 15 and shall include data for the month of September.

(d)Any exceedances of the NOX emission rate specified in paragraph (2) of this Rule shall be reported to the Department within two (2) working days of the date of the exceedance.

(e)Additional testing, recordkeeping, and reporting requirements may be necessary and will be specified by the Director at such times as they become necessary.

Authors: A. David Ousley, C. Lynn Garthright, Jeffery W. Kitchens

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed October 26, 2000; effective November 30, 2000.

[RESERVED]

(1)Purpose. Rules 335-3-8-.05 through 335-3-8-.13 establish general provisions and the applicability, permitting, allowance, excess emissions, monitoring, and opt-in provisions for the NOX Budget Trading Program for Alabama's State Implementation Plan as a means of mitigating the interstate transport of ozone and nitrogen oxides pursuant to 40 CFR, &#167;51.121 and 51.122. The State authorizes the Administrator to assist the State in implementing the NOX Budget Trading Program by carrying out the functions set forth for the Administrator in such requirements.

(2)Definitions. For the purpose of Rules 335-3-8-.05 through 335-3-8-.13, the following definitions apply:

(a)"Account Certificate of Representation" means the completed and signed submission required by Rule 335-3-8-.06 for certifying the designation of a NOX authorized account representative for a NOX Budget source or a group of identified NOX Budget sources who is authorized to represent the owners and operators of such source or sources and of the NOX Budget units at such source or sources with regard to matters under the NOX Budget Trading Program.

(b)"Account Number" means the identification number given by the Administrator to each NOX Allowance Tracking System account.

(c)"Acid Rain Emissions Limitation" means, as defined in 40 CFR, &#167;72.2 and incorporated by reference in ADEM Admin. Code R. 335-3-18-.01, a limitation on emissions of sulfur dioxide or nitrogen oxides under the Acid Rain Program under Title IV of the CAA.

(d)"Administrator" means the Administrator of the United States Environmental Protection Agency or the Administrator's duly authorized representative.

(e)"Allocate or Allocation" means the determination by the Department or the Administrator of the number of NOX allowances to be initially credited to a NOX Budget unit.

(f)"Automated Data Acquisition and Handling System or DAHS" means that component of the CEMS, or other emissions monitoring system approved for use under Rule 335-3-8-.12, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by Rule 335-3-8-.12.

(g)"Boiler" means an enclosed fossil or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.

(h)"CAA" means the CAA, 42 U.S.C. 7401, et seq., as amended by Pub. L. No. 101-549 (November 15, 1990).

(i)"Cogeneration Combined Cycle System" means a combined cycle system that has equipment used to produce electricity and forms the useful thermal energy (such as heat or steam) for industrial, commercial, heating, or cooling purposes through the sequential use of energy.

(j)"Combined Cycle System" means a system comprised of one or more combustion turbines, heat recovery steam generators, and steam turbines configured to improve overall efficiency of electricity generation or steam production.

(k)"Combustion Turbine" means an enclosed fossil or other fuel-fired device that is comprised of a compressor, a combustor, and a turbine, and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine.

(l)"Commence Commercial Operation" means, with regard to a unit that serves a generator, to have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation. Except as provided in paragraph (5) of this Rule, for a unit that is a NOX Budget unit under paragraph (4) of this Rule on the date the unit commences commercial operation, such date shall remain the unit's date of commencement of commercial operation even if the unit is subsequently modified, reconstructed, or re-powered. Except as provided in paragraph (5) of this Rule or Rule 335-3-8-.13, for a unit that is not a NOX Budget unit under paragraph (4) of this Rule on the date the unit commences commercial operation, the date the unit becomes a NOX Budget unit under paragraph (4) of this Rule shall be the unit's date of commencement of commercial operation.

(m)"Commence Operation" means to have begun any mechanical, chemical, or electronic process, including, with regard to a unit, start-up of a unit's combustion chamber. Except as provided in paragraph (5) of this Rule, for a unit that is a NOX Budget unit under paragraph (4) of this Rule on the date of commencement of operation, such date shall remain the unit's date of commencement of operation even if the unit is subsequently modified, reconstructed, or repowered. Except as provided in paragraph (5) of this Rule or Rule 335-3-8-.13, for a unit that is not a NOX Budget unit under paragraph (4) of this Rule on the date of commencement of operation, the date the unit becomes a NOX Budget unit under paragraph (4) of this Rule shall be the unit's date of commencement of operation.

(n)"Common Stack" means a single flue through which emissions from two or more units are exhausted.

(o)"Compliance Account" means a NOX Allowance Tracking System account, established by the Administrator for a NOX Budget unit under Rule 335-3-8-.10, in which the NOX allowance allocations for the unit are initially recorded and in which are held NOX allowances available for use by the unit for a control period for the purpose of meeting the unit's NOX Budget emissions limitation.

(p)"Compliance Certification" means a submission to the Department or the Administrator, as appropriate, that is required under Rule 335-3-8-.08 to report a NOX Budget source's or a NOX Budget unit's compliance or noncompliance with this Rule and that is signed by the NOX authorized account representative in accordance with Rule 335-3-8-.06.

(q)"Continuous Emission Monitoring System or CEMS" means the equipment required under Rule 335-3-8-.12 to sample, analyze, measure, and provide, by readings taken at least once every 15 minutes of the measured parameters, a permanent record of nitrogen oxides emissions, expressed in tons per hour for nitrogen oxides. The following systems are component parts included, consistent with 40 CFR 75, in a continuous emission monitoring system:

1.Flow monitor;

2.Nitrogen oxides pollutant concentration monitors;

3.Diluent gas monitor (oxygen or carbon dioxide) when such monitoring is required by Rule 335-3-8-.12;

4.A continuous moisture monitor when such monitoring is required by Rule 335-3-8-.12; and

5.An automated data acquisition and handling system.

(r)"Control Period" means the period beginning May 1 of a year and ending on September 30 of the same year, inclusive.

(s)"Emissions" means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the Department and the Administrator by the NOX authorized account representative and as determined by the Administrator in accordance with Rule 335-3-8-.12.

(t)"Energy Information Administration" means the Energy Information Administration of the United States Department of Energy.

(u)"Excess Emissions" means any tonnage of nitrogen oxides emitted by a NOX Budget unit during a control period that exceeds the NOX Budget emissions limitation for the unit.

(v)"Fossil Fuel" means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material. Fossil fuel-fired means, with regard to a unit:

1.The combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50 percent of the annual heat input on a Btu basis during any year starting in 1995 or, if a unit had no heat input starting in 1995, during the last year of operation of the unit prior to 1995; or

2.The combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel is projected to comprise more than 50 percent of the annual heat input on a Btu basis during any year; provided that the unit shall be "fossil fuel-fired'' as of the date, during such year, on which the unit begins combusting fossil fuel.

(w)"General Account" means a NOX Allowance Tracking System account, established under Rule 335-3-8-.10, that is not a compliance account or an overdraft account.

(x)"Generator" means a device that produces electricity.

(y)"Heat Input" means the product (in mmBtu/time) of the gross calorific value of the fuel (in Btu/lb) and the fuel feed rate into a combustion device (in mass of fuel/time), as measured, recorded, and reported to the Administrator by the NOX authorized account representative and as determined by the Department and the Administrator in accordance with Rule 335-3-8-.12, and does not include the heat derived from preheated combustion air, recirculated flue gases, or exhaust from other sources.

(z)"Life-of-the-Unit, Firm Power Contractual Arrangement" means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy from any specified unit and pays its proportional amount of such unit's total costs, pursuant to a contract:

1.For the life of the unit;

2.For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or

3.For a period equal to or greater than 25 years or 70 percent of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.

(aa)"Maximum Design Heat Input" means the ability of a unit to combust a stated maximum amount of fuel per hour on a steady state basis, as determined by the physical design and physical characteristics of the unit.

(bb)"Maximum Potential Hourly Heat Input" means an hourly heat input used for reporting purposes when a unit lacks certified monitors to report heat input. If the unit intends to use Appendix D of 40 CFR 75 to report heat input, this value should be calculated, in accordance with 40 CFR 75, using the maximum fuel flow rate and the maximum gross calorific value. If the unit intends to use a flow monitor and a diluent gas monitor, this value should be reported, in accordance with 40 CFR 75, using the maximum potential flow rate and either the maximum carbon dioxide concentration (in percent CO2) or the minimum oxygen concentration (in percent O2).

(cc)"Maximum Potential NOX Emission Rate" means the emission rate of nitrogen oxides (in lb/mmBtu) calculated in accordance with paragraph 3 of Appendix F of 40 CFR 75, using the maximum potential nitrogen oxides concentration as defined in paragraph 2 of Appendix A of 40 CFR 75, and either the maximum oxygen concentration (in percent O2) or the minimum carbon dioxide concentration (in percent CO2), under all operating conditions of the unit except for unit start up, shutdown, and upsets.

(dd)"Maximum Rated Hourly Heat Input" means a unit-specific maximum hourly heat input (mmBtu) which is the higher of the manufacturer's maximum rated hourly heat input or the highest observed hourly heat input.

(ee)"Monitoring System" means any monitoring system that meets the requirements of Rule 335-3-8-.12, including a continuous emissions monitoring system, an excepted monitoring system, or an alternative monitoring system.

(ff)"Most Stringent State or Federal NOX Emissions Limitation" means, with regard to a NOX Budget opt-in source, the lowest NOX emissions limitation (in terms of lb/mmBtu) that is applicable to the unit under State or Federal law, regardless of the averaging period to which the emissions limitation applies.

(gg)"Nameplate Capacity" means the maximum electrical generating output (in MWe) that a generator can sustain over a specified period of time when not restricted by seasonal or other deratings as measured in accordance with the United States Department of Energy standards.

(hh)"Non-title V Permit" shall have the same meaning as either an "Air Permit" issued pursuant to the rules in Chapter 335-3-14 or "Synthetic Minor Operating Permit" defined in Chapter 335-3-15.

(ii)"NOX Allowance" means an authorization by the Department or the Administrator under a NOX Budget Trading Program established, and approved by the Administrator pursuant to 40 CFR, &#167;51.121 or &#167;52.34 to emit up to one ton of nitrogen oxides during the control period of the specified year or of any year thereafter, except as provided under Rule 335-3-8-.10(6)(b).

(jj)"NOX Allowance Deduction or Deduct NOX Allowances" means the permanent withdrawal of NOX allowances by the Administrator from a NOX Allowance Tracking System compliance account or overdraft account to account for the number of tons of NOX emissions from a NOX Budget unit for a control period, determined in accordance with Rule 335-3-8-.12, or for any other allowance surrender obligation under Rules 335-3-8-.05 through 335-3-8-.13.

(kk)"NOX Allowances Held or Hold NOX Allowances" means the NOX allowances recorded by the Administrator, or submitted to the Administrator for recordation, in accordance with Rules 335-3-8-.10 and 335-3-8-.11, in a NOX Allowance Tracking System account.

(ll)"NOX Allowance Tracking System" means the system by which the Administrator records allocations, deductions, and transfers of NOX allowances under the NOX Budget Trading Program.

(mm)"NOX Allowance Tracking System Account" means an account in the NOx Allowance Tracking System established by the Administrator for purposes of recording the allocation, holding, transferring, or deducting of NOX allowances.

(nn)"NOX Allowance Transfer Deadline" means midnight of November 30 or, if November 30 is not a business day, midnight of the first business day thereafter and is the deadline by which NOX allowances may be submitted for recordation in a NOX Budget unit's compliance account, or the overdraft account of the source where the unit is located, in order to meet the unit's NOX Budget emissions limitation for the control period immediately preceding such deadline.

(oo)"NOX Authorized Account Representative" means, for a NOX Budget source or NOX Budget unit at the source, the natural person who is authorized by the owners and operators of the source and all NOX Budget units at the source, in accordance with Rule 335-3-8-.06, to represent and legally bind each owner and operator in matters pertaining to the NOX Budget Trading Program or, for a general account, the natural person who is authorized, in accordance with Rule 335-3-8-.10, to transfer or otherwise dispose of NOX allowances held in the general account.

(pp)"NOX Budget Emissions Limitation" means, for a NOX Budget unit, the tonnage equivalent of the NOX allowances available for compliance deduction for the unit under Rule 335-3-8-.10(5)(a), (b), (e), and (f) in a control period adjusted by deductions of such NOX allowances to account for excess emissions for a prior control period under Rule 335-3-8-.10(5)(d) or, for a NOX Budget opt-in source, to account for withdrawal from the NOX Budget Program under Rule 335-3-8-.13(7), or for a change in regulatory status for a NOX Budget opt-in source under Rule 335-3-8-.13(8).

(qq)"NOX Budget Opt-in Permit" means a NOX Budget permit covering a NOX Budget opt-in source.

(rr)"NOX Budget Opt-in Source" means a unit that elects to become a NOX Budget unit under the NOX Budget Trading Program and whose NOX Budget opt-in permit has been issued and is in effect under Rule 335-3-8-.13.

(ss)"NOX Budget Permit" means the legally binding and enforceable written document, or portion of such document, issued by the Department under Rules 335-3-8-.05 through 335-3-8-.13, including any permit revisions, specifying the NOX Budget Trading Program requirements applicable to a NOX Budget source, to each NOX Budget unit at the NOX Budget source, and to the owners and operators and the NOX authorized account representative of the NOX Budget source and each NOX Budget unit.

(tt)"NOX Budget Source" means a source that includes one or more NOX Budget units.

(uu)"NOX Budget Trading Program" means a multi-state nitrogen oxides air pollution control and emission reduction program established pursuant to 40 CFR &#167;51.121, as a means of mitigating the interstate transport of ozone and nitrogen oxides, an ozone precursor.

(vv)"NOX Budget Unit" means a unit that is subject to the NOX Budget Trading Program emissions limitation under paragraph (4) of this Rule or Rule 335-3-8-.13.

(ww)"Operating" means, with regard to a unit under Rules 335-3-8-.07(3)(d)2. and 335-3-8-.13(1), having documented heat input for more than 876 hours in the 6 months immediately preceding the submission of an application for an initial NOX Budget permit under Rule 335-3-8-.13(4)(a).

(xx)"Operator" means any person who operates, controls, or supervises a NOX Budget unit, a NOX Budget source, or unit for which an application for a NOX Budget opt-in permit under Rule 335-3-8-.13(4) is submitted and not denied or withdrawn and shall include, but not be limited to, any holding company, utility system, or plant manager of such a unit or source.

(yy)"Opt-in" means to elect to become a NOX Budget unit under the NOX Budget Trading Program through a final, effective NOX Budget opt-in permit under Rule 335-3-8-.13.

(zz)"Overdraft Account" means the NOX Allowance Tracking System account, established by the Administrator under Rule 335-3-8-.10, for each NOX Budget source where there are two or more NOX Budget units.

(aaa)"Owner" means any of the following persons:

1.Any holder of any portion of the legal or equitable title in a NOX Budget unit or in a unit for which an application for a NOX Budget opt-in permit under Rule 335-3-8-.13(4) is submitted and not denied or withdrawn; or

2.Any holder of a leasehold interest in a NOX Budget unit or in a unit for which an application for a NOX Budget opt-in permit under Rule 335-3-8-.13(4) is submitted and not denied or withdrawn; or

3.Any purchaser of power from a NOX Budget unit or from a unit for which an application for a NOX Budget opt-in permit under Rule 335-3-8-.13(4) is submitted and not denied or withdrawn under a life-of-the-unit, firm power contractual arrangement. However, unless expressly provided for in a leasehold agreement, owner shall not include a passive lessor, or a person who has an equitable interest through such lessor, whose rental payments are not based, either directly or indirectly, upon the revenues or income from the NOX Budget unit or the unit for which an application for a NOX Budget opt-in permit under Rule 335-3-8-.13(4) is submitted and not denied or withdrawn; or

4.With respect to any general account, any person who has an ownership interest with respect to NOX allowances held in the general account and who is subject to the binding agreement for the NOX authorized account representative to represent that person's ownership interest with respect to NOX allowances.

(bbb)"Department" means the Alabama Department of Environmental Management authorized by the Administrator to issue or revise permits to meet the requirements of the NOX Budget Trading Program in accordance with Rule 335-3-8-.07.

(ccc)"Receive or Receipt of" means, when referring to the Department or the Administrator, to come into possession of a document, information, or correspondence (whether sent in writing or by authorized electronic transmission), as indicated in an official correspondence log, or by a notation made on the document, information, or correspondence, by the Department or the Administrator in the regular course of business.

(ddd)"Recordation, Record, or Recorded" means, with regard to NOX allowances, the movement of NOX allowances by the Administrator from one NOX Allowance Tracking System account to another, for purposes of allocation, transfer, or deduction.

(eee)"Reference Method" means any direct test method of sampling and analyzing for an air pollutant or diluent as specified in 40 CFR 60, Appendix A [incorporated by reference in ADEM Admin. Code R. 335-3-10-.03(1)].

(fff)"Serial Number" means, when referring to NOX allowances, the unique identification number assigned to each NOX allowance by the Administrator, under Rule 335-3-8-.10(4)(c).

(ggg)"Source" means any governmental, institutional, commercial, or industrial structure, installation, plant, building, or facility that emits or has the potential to emit any regulated air pollutant under the CAA. For purposes of paragraph 502(c) of the CAA, a "source", including a "source" with multiple units, shall be considered a single "facility''.

(hhh)"State" means the State of Alabama, the Environmental Management Commission, and the Commission's representatives.

(iii)"State Trading Program Budget" means the total number of NOX tons apportioned to all NOX Budget units in the State, in accordance with the NOX Budget Trading Program, for use in a given control period.

(jjj)"Submit or Serve" means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:

1.In person;

2.By United States Postal Service; or

3.By other means of dispatch or transmission and delivery.

(i)Compliance with any "submission", "service", or "mailing" deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.

(kkk)"Title V Operating Permit" means a "Major Source Operating Permit" as defined and issued under Chapter 335-3-16. Title V operating permit regulations means the Major Source Operating Permits regulations in Chapter 335-3-16 that the Administrator has approved or issued as meeting the requirements of Title V of the CAA and 40 CFR 70 or 71.

(lll)"Ton or Tonnage" means any "short ton" (i.e., 2,000 pounds). For the purpose of determining compliance with the NOX Budget emissions limitation, total tons for a control period shall be calculated as the sum of all recorded hourly emissions (or the tonnage equivalent of the recorded hourly emissions rates) in accordance with Rule 335-3-8-.12, with any remaining fraction of a ton equal to or greater than 0.50 ton deemed to equal one ton and any fraction of a ton less than 0.50 ton deemed to equal zero tons.

(mmm)"Unit" means a fossil fuel-fired stationary boiler, combustion turbine, combined cycle system, or cogeneration combined cycle system.

(nnn)"Unit Load" means the total (i.e., gross) output of a unit in any control period (or other specified time period) produced by combusting a given heat input of fuel, expressed in terms of:

1.The total electrical generation (MWe) produced by the unit, including generation for use within the plant; or

2.In the case of a unit that uses heat input for purposes other than electrical generation, the total steam produced by the unit, including steam for use by the unit.

(ooo)"Unit Operating Day" means a calendar day in which a unit combusts any fuel.

(ppp)"Unit Operating Hour or Hour of Unit Operation" means any hour (or fraction of an hour) during which a unit combusts any fuel.

(qqq)"Utilization" means the heat input (expressed in mmBtu/time) for a unit. The unit's total heat input for the control period in each year will be determined in accordance with 40 CFR 75 if the NOX Budget unit was otherwise subject to the requirements of 40 CFR 75 for the year, or will be based on the best available data reported to the Administrator and the Department for the unit if the unit was not otherwise subject to the requirements of 40 CFR 75 for the year.

(3)Measurements, Abbreviations, and Acronyms. Measurements, abbreviations, and acronyms used in this Rule are defined as follows:

(a)Btu--British thermal unit.

(b)hr--hour.

(c)Kwh--kilowatt hour.

(d)lb--pounds.

(e)mmBtu--million Btu.

(f)MWe--megawatt electrical.

(g)ton--2000 pounds.

(h)CO2--carbon dioxide.

(i)NOX--nitrogen oxides.

(j)O2--oxygen.

(4)Applicability.

(a)The following units in the Counties of Autauga, Bibb, Blount, Calhoun, Chambers, Cherokee, Chilton, Clay, Cleburne, Colbert, Coosa, Cullman, Dallas, Dekalb, Elmore, Etowah, Fayette, Franklin, Greene, Hale, Jackson, Jefferson, Lamar, Lauderdale, Lawrence, Lee, Limestone, Macon, Madison, Marion, Marshall, Morgan, Perry, Pickens, Randolph, Russell, Shelby, St. Clair, Sumter, Talladega, Tallapoosa, Tuscaloosa, Walker, and Winston shall be NOX Budget units, and any source that includes one or more such units shall be a NOX Budget source, subject to the requirements of this Rule:

1.Any unit that any time on or after January 1, 1995, serves a generator with a nameplate capacity greater than 25 MWe and sells any amount of electricity; or,

2.Any unit that is not a unit under subparagraph (a)1. of this paragraph and that has a maximum design heat input greater than 250 mmBtu/hr.

(5)Retired Unit Exemption.

(a)This paragraph applies to any NOX Budget unit, other than a NOX Budget opt-in source, that is permanently retired.

(b)Any NOX Budget unit, other than a NOX Budget opt-in source, that is permanently retired shall be exempt from the NOX Budget Trading Program, except for the provisions of this paragraph, paragraphs (2), (3), (4), and (7) of this Rule and Rules 335-3-8-.09, 335-3-8-.10, and 335-3-8-.11 of this Division.

1.The exemption under subparagraph (b) of this paragraph shall become effective the day on which the unit is permanently retired. Within 30 days of permanent retirement, the NOX authorized account representative (authorized in accordance with Rule 335-3-8-.06) shall submit a statement to the Department. A copy of the statement shall be submitted to the Administrator. The statement shall state (in a format prescribed by the Department) that the unit is permanently retired and will comply with the requirements of subparagraph (c) of this paragraph. After receipt of the notice under this subparagraph, the Department will amend any permit covering the source at which the unit is located to add the provisions and requirements of the exemption under subparagraphs (b) and (c) of this paragraph.

(c)Special provisions.

1.A unit exempt under this paragraph shall not emit any nitrogen oxides, starting on the date that the exemption takes effect.

2.The owners and operators of the unit will be allocated allowances in accordance with Rule 335-3-8-.09(m). For each control period for which the retired unit has remaining, one or more NOX allowances, the owners and operators of the unit shall specify a general account, in which the Administrator will record such NOX allowances.

3.A unit exempt under this paragraph and located at a source that is required, or but for this exemption would be required, to have a major source (Title V) operating permit shall not resume operation unless the NOX authorized account representative of the source submits a complete NOX Budget permit application under Rule 335-3-8-.07(3) for the unit not less than 18 months (or such lesser time provided under the Department's major source operating permits regulations for final action on a permit application) prior to the later of May 31, 2004 or the date on which the unit is to first resume operation.

4.A unit exempt under this paragraph and located at a source that is required, or but for this exemption would be required, to have a synthetic minor operating permit shall not resume operation unless the NOX authorized account representative of the source submits a complete NOX Budget permit application under Rule 335-3-8-.07(3) for the unit not less than 18 months (or such lesser time provided under the Department's synthetic minor operating permits regulations for final action on a permit application) prior to the later of May 31, 2004 or the date on which the unit is to first resume operation.

5.The owners and operators and, to the extent applicable, the NOX authorized account representative of a unit exempt under this paragraph shall comply with the requirements of the NOX Budget Trading Program concerning all periods for which the exemption is not in effect, even if such requirements arise, or must be complied with, after the exemption takes effect.

6.A unit that is exempt under this paragraph is not eligible to be a NOX Budget opt-in source under Rule 335-3-8-.13.

7.For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under this paragraph shall retain at the source that includes the unit, records demonstrating that the unit is permanently retired. The 5-year period for keeping records may be extended for cause, at any time prior to the end of the period, in writing by the Department or the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.

8.Loss of exemption.

(i)On the earlier of the following dates, a unit exempt under subparagraph (b) of this paragraph shall lose its exemption:

(I)The date on which the NOX authorized account representative submits a NOX Budget permit application under subparagraph (c)2. of this paragraph; or

(II)The date on which the NOX authorized account representative is required under subparagraphs (c)3. and (c)4. of this paragraph to submit a NOX Budget permit application.

(ii)For the purpose of applying monitoring requirements under Rule 335-3-8-.12, a unit that loses its exemption under this paragraph shall be treated as a unit that commences operation or commercial operation on the first date on which the unit resumes operation.

(6)Standard Requirements.

(a)Permit Requirements.

1.The NOX authorized account representative of each NOX Budget source required to have an enforceable permit and each NOX Budget unit required to have an enforceable permit at the source shall:

(i)Submit to the Department a complete NOX Budget permit application under Rule 335-3-8-.07(3) in accordance with the deadlines specified in Rules 335-3-8-.07(2)(b), (c) and (d);

(ii)Submit in a timely manner any supplemental information that the Department determines is necessary in order to review a NOX Budget permit application and issue or deny a NOX Budget permit.

2.The owners and operators of each NOX Budget source required to have an enforceable permit and each NOX Budget unit required to have an enforceable permit at the source shall have a NOX Budget permit issued by the Department and operate the unit in compliance with such NOX Budget permit.

3.The owners and operators of a NOX Budget source that are not otherwise required to have an enforceable permit are not required to submit a NOX Budget permit application, and to have a NOX Budget permit, under Rule 335-3-8-.07 for such NOX Budget source.

(b)Monitoring requirements.

1.The owners and operators and, to the extent applicable, the NOX authorized account representative of each NOX Budget source and each NOX Budget unit at the source shall comply with the monitoring requirements of Rule 335-3-8-.12.

2.The emissions measurements recorded and reported in accordance with Rule 335-3-8-.12 shall be used to determine compliance by the unit with the NOX emissions limitation under subparagraph (c) below.

(c)Nitrogen Oxides requirements.

1.The owners and operators of each NOX Budget source and each NOX Budget unit at the source shall hold NOX allowances available for compliance deductions under Rule 335-3-8-.10(5)(a), (b), (e), or (f), as of the NOX allowance transfer deadline, in the unit's compliance account and the source's overdraft account in an amount not less than the total NOX emissions for the control period from the unit, as determined in accordance with Rule 335-3-8-.12, plus any amount necessary to account for excess emissions for a prior control period under Rule 335-3-8-.10(5)(d) or, for a NOX Budget opt-in source, to account for withdrawal from the NOX Budget Program under Rule 335-3-8-.13(7), or for a change in regulatory status for a NOX Budget opt-in source under Rule 335-3-8-.13(8).

2.Each ton of nitrogen oxides emitted in excess of the NOX Budget emissions limitation shall constitute a separate violation of this Division, the CAA, and applicable State law.

3.A NOX Budget unit shall be subject to the requirements under subparagraph (c)1. of this paragraph starting on the later of May 31, 2004 or the date on which the unit commences operation.

4.NOX allowances shall be held in, deducted from, or transferred among NOX Allowance Tracking System accounts in accordance with Rules 335-3-8-.09, 335-3-8-.10, 335-3-8-.11, and 335-3-8-.13 of this Division.

5.A NOX allowance shall not be deducted, in order to comply with the requirements under subparagraph (c)1. of this paragraph, for a control period in a year prior to the year for which the NOX allowance was allocated.

6.A NOX allowance allocated by the Department or the Administrator under the NOX Budget Trading Program is a limited authorization to emit one ton of nitrogen oxides in accordance with the NOX Budget Trading Program. No provision of the NOX Budget Trading Program, the NOX Budget permit application, the NOX Budget permit, or an exemption under paragraph (5) of this Rule and no provision of law shall be construed to limit the authority of the United States or the State to terminate or limit such authorization.

7.A NOX allowance allocated by the Department or the Administrator under the NOX Budget Trading Program does not constitute a property right.

8.Upon recordation by the Administrator under Rules 335-3-8-.10, 335-3-8-.11, or 335-3-8-.13, every allocation, transfer, or deduction of a NOX allowance to or from a NOX Budget unit's compliance account or the overdraft account of the source where the unit is located is deemed to amend automatically, and become a part of, any NOX budget permit of the NOX budget unit by operation of law without further review.

(d)Excess emissions requirements.

1.The owners and operators of a NOX Budget unit that has excess emissions in any control period shall:

(i)Surrender the NOX allowances required for deduction under Rule 335-3-8-.10(5)(d)1.; and

(ii)Pay any fine, penalty, or assessment or comply with any other remedy imposed under 335-3-8-.10(5)(d)3.

(e)Recordkeeping and Reporting requirements.

1.Unless otherwise provided, the owners and operators of the NOX Budget source and each NOX Budget unit at the source shall keep on site at the source each of the following documents for a period of 5 years from the date the document is created. This period may be extended for cause, at any time prior to the end of 5 years, in writing by the Department or the Administrator.

(i)The account certificate of representation for the NOX authorized account representative for the source and each NOX Budget unit at the source and all documents that demonstrate the truth of the statements in the account certificate of representation, in accordance with Rule 335-3-8-.06(4); provided that the certificate and documents shall be retained on site at the source beyond such 5-year period until such documents are superseded because of the submission of a new account certificate of representation changing the NOX authorized account representative.

(ii)All emissions monitoring information, in accordance with Rule 335-3-8-.12; provided that to the extent that Rule 335-3-8-.12 provides for a 3-year period for recordkeeping, the 3-year period shall apply.

(iii)Copies of all reports, compliance certifications, and other submissions and all records made or required under the NOX Budget Trading Program.

(iv)Copies of all documents used to complete a NOX Budget permit application and any other submission under the NOX Budget Trading Program or to demonstrate compliance with the requirements of the NOX Budget Trading Program.

2.The NOX authorized account representative of a NOX Budget source and each NOX Budget unit at the source shall submit the reports and compliance certifications required under the NOX Budget Trading Program, including those under Rules 335-3-8-.08, 335-3-8-.12, or 335-3-8-.13.

(f)Liability.

1.Any person who knowingly violates any requirement or prohibition of the NOX Budget Trading Program, a NOX Budget permit, or an exemption under paragraph (5) of this Rule shall be subject to enforcement pursuant to applicable State or Federal law.

2.Any person who knowingly makes a false material statement in any record, submission, or report under the NOX Budget Trading Program shall be subject to criminal enforcement pursuant to the applicable State or Federal law.

3.No permit revision shall excuse any violation of the requirements of the NOX Budget Trading Program that occurs prior to the date that the revision takes effect.

4.Each NOX Budget source and each NOX Budget unit shall meet the requirements of the NOX Budget Trading Program.

5.Any provision of the NOX Budget Trading Program that applies to a NOX Budget source (including a provision applicable to the NOX authorized account representative of a NOX Budget source) shall also apply to the owners and operators of such source and of the NOX Budget units at the source.

6.Any provision of the NOX Budget Trading Program that applies to a NOX Budget unit (including a provision applicable to the NOX authorized account representative of a NOX budget unit) shall also apply to the owners and operators of such unit. Except with regard to the requirements applicable to units with a common stack under Rule 335-3-8-.12, the owners and operators and the NOX authorized account representative of one NOX Budget unit shall not be liable for any violation by any other NOX Budget unit of which they are not owners or operators or the NOX authorized account representative and that is located at a source of which they are not owners or operators or the NOX authorized account representative.

(g)Effect on other authorities. No provision of the NOX Budget Trading Program, a NOX Budget permit application, a NOX Budget permit, or an exemption under paragraph (5) of this Rule shall be construed as exempting or excluding the owners and operators and, to the extent applicable, the NOX authorized account representative of a NOX Budget source or NOX Budget unit from compliance with any other provision of the applicable, approved State implementation plan, an enforceable permit, or the CAA.

(7)Computation of time.

(a)Unless otherwise stated, any time period scheduled, under the NOX Budget Trading Program, to begin on the occurrence of an act or event shall begin on the day the act or event occurs.

(b)Unless otherwise stated, any time period scheduled, under the NOX Budget Trading Program, to begin before the occurrence of an act or event shall be computed so that the period ends the day before the act or event occurs.

(c)Unless otherwise stated, if the final day of any time period, under the NOX Budget Trading Program, falls on a weekend or a State or Federal holiday, the time period shall be extended to the next business day.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-8, 22-28-10, 22-28-11, 22-28-14, 22-28-18, 22-28-20, 22-28-22.

History: New Rule: Filed March 2, 2001; effective April 6, 2001.

(1)Authorization and responsibilities of the NOX authorized account representative.

(a)Except as provided under paragraph (2) below, each NOX Budget source, including all NOX Budget units at the source, shall have one and only one NOX authorized account representative, with regard to all matters under the NOX Budget Trading Program concerning the source or any NOX Budget unit at the source.

(b)The NOX authorized account representative of the NOX Budget source shall be selected by an agreement binding on the owners and operators of the source and all NOX Budget units at the source.

(c)Upon receipt by the Administrator of a complete account certificate of representation under paragraph (4) of this Rule, the NOX authorized account representative of the source shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the NOX Budget source represented and each NOX Budget unit at the source in all matters pertaining to the NOX Budget Trading Program, not withstanding any agreement between the NOX authorized account representative and such owners and operators. The owners and operators shall be bound by any decision or order issued to the NOX authorized account representative by the Department, the Administrator, or a court regarding the source or unit.

(d)No NOX Budget permit shall be issued, and no NOX Allowance Tracking System account shall be established for a NOX Budget unit at a source, until the Administrator has received a complete account certificate of representation under paragraph (4) of this Rule for a NOX authorized account representative of the source and the NOX Budget units at the source.

(e)Each submission under the NOX Budget Trading Program shall be submitted, signed, and certified by the NOX authorized account representative for each NOX Budget source on behalf of which the submission is made. Each such submission shall include the following certification statement by the NOX authorized account representative: "I am authorized to make this submission on behalf of the owners and operators of the NOX Budget sources or NOX Budget units for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment."

1.The Department and the Administrator will accept or act on a submission made on behalf of owner or operators of a NOX Budget source or a NOX Budget unit only if the submission has been made, signed, and certified in accordance with subparagraph (e) of this paragraph.

(2)Alternate NOX authorized account representative.

(a)An account certificate of representation may designate one and only one alternate NOX authorized account representative who may act on behalf of the NOX authorized account representative. The agreement by which the alternate NOX authorized account representative is selected shall include a procedure for authorizing the alternate NOX authorized account representative to act in lieu of the NOX authorized account representative.

(b)Upon receipt by the Administrator of a complete account certificate of representation under paragraph (4) of this Rule, any representation, action, inaction, or submission by the alternate NOX authorized account representative shall be deemed to be a representation, action, inaction, or submission by the NOX authorized account representative.

(c)Except in this paragraph and paragraphs (1)(a), (3), and (4) of this Rule, and Rule 335-3-8-.10(2), whenever the term "NOX authorized account representative'' is used in Rules 335-3-8-.05 through 335-3-8-.13, the term shall be construed to include the alternate NOX authorized account representative.

(3)Changing the NOX authorized account representative and the alternate NOX account representative; changes in owners and operators.

(a)Changing the NOX authorized account representative. The NOX authorized account representative may be changed at any time upon receipt by the Administrator of a superseding complete account certificate of representation under paragraph (4) of this Rule. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous NOX authorized account representative prior to the time and date when the Administrator receives the superseding account certificate of representation shall be binding on the new NOX authorized account representative and the owners and operators of the NOX Budget source and the NOX Budget units at the source.

(b)Changing the alternate NOX authorized account representative. The alternate NOX authorized account representative may be changed at any time upon receipt by the Administrator of a superseding complete account certificate of representation under paragraph (4) of this Rule. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate NOX authorized account representative prior to the time and date when the Administrator receives the superseding account certificate of representation shall be binding on the new alternate NOX authorized account representative and the owners and operators of the NOX Budget source and the NOX Budget units at the source.

(c)Changes in the owners and operators.

1.In the event a new owner or operator of a NOX Budget source or a NOX Budget unit is not included in the list of owners and operators submitted in the account certificate of representation, such new owner or operator shall be deemed to be subject to and bound by the account certificate of representation, the representations, actions, inactions, and submissions of the NOX authorized account representative and any alternate NOX authorized account representative of the source or unit, and the decisions, orders, actions, and inactions of the Department or the Administrator, as if the new owner or operator were included in such list.

2.Within 30 days following any change in the owners and operators of a NOX Budget source or a NOX Budget unit, including the addition of a new owner or operator, the NOX authorized account representative or alternate NOX authorized account representative shall submit a revision to the account certificate of representation amending the list of owners and operators to include the change.

(4)Account certificate of representation.

(a)A complete account certificate of representation for a NOX authorized account representative or an alternate NOX authorized account representative shall include the following elements in a format prescribed by the Administrator:

1.Identification of the NOX Budget source and each NOX Budget unit at the source for which the account certificate of representation is submitted.

2.The name, address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the NOX authorized account representative and any alternate NOX authorized account representative.

3.A list of the owners and operators of the NOX Budget source and of each NOX Budget unit at the source.

4.The following certification statement by the NOX authorized account representative and any alternate NOX authorized account representative: "I certify that I was selected as the NOX authorized account representative or alternate NOX authorized account representative, as applicable, by an agreement binding on the owners and operators of the NOX Budget source and each NOX Budget unit at the source. I certify that I have all the necessary authority to carry out my duties and responsibilities under the NOX Budget Trading Program on behalf of the owners and operators of the NOX Budget source and of each NOX Budget unit at the source and that each such owner and operator shall be fully bound by my representations, actions, inactions, or submissions and by any decision or order issued to me by the Department, the Administrator, or a court regarding the source or unit."

5.The signature of the NOX authorized account representative and any alternate NOX authorized account representative and the dates signed.

(b)Unless otherwise required by the Department or the Administrator, documents of agreement referred to in the account certificate of representation shall not be submitted to the Department or the Administrator. Neither the Department nor the Administrator shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted.

(5)Objections concerning the NOX authorized account representative.

(a)Once a complete account certificate of representation under paragraph (4) of this Rule has been submitted and received, the Department and the Administrator will rely on the account certificate of representation unless and until a superseding complete account certificate of representation under paragraph (4) of this Rule is received by the Administrator.

(b)Except as provided in subparagraph (3)(a) or (b) of this Rule, no objection or other communication submitted to the Department or the Administrator concerning the authorization, or any representation, action, inaction, or submission of the NOX authorized account representative shall affect any representation, action, inaction, or submission of the NOX authorized account representative or the finality of any decision or order by the Department or the Administrator under the NOX Budget Trading Program.

(c)Neither the Department nor the Administrator will adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any NOX authorized account representative, including private legal disputes concerning the proceeds of NOX allowance transfers.

Author: Ronald W. Gore

Statutory Authority: Code of Alabama 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-8,22-28-10, 22-28-11, 22-28-14, 22-28-18, 22-28-20, 22-28-22.

History: New Rule: Filed March 2, 2001; effective April 6, 2001.

(1)General NOX Budget trading program permit requirements.

(a)For each NOX Budget source required to have an enforceable permit, such permit shall include a NOX Budget permit administered by the Department. Any requirements of the NOX Budget permit shall be considered federally enforceable.

1.For NOX Budget sources required to have a major source operating permit, the NOX Budget portion of the major source operating permit shall be administered in accordance with the Department's major source operating permits regulations promulgated under Chapter 335-3-16, except as provided otherwise by this Rule or Rule 335-3-8-.13. The applicable provisions of such major source operating permits regulations shall include, but are not limited to, those provisions addressing operating permit applications, operating permit application shield, operating permit duration, operating permit shield, operating permit issuance, operating permit revision and reopening, public participation, State review, and review by the Administrator.

2.For NOX Budget sources required to have a non-title V permit, the NOX Budget portion of the permit shall be administered in accordance with Chapter 335-3-14 or 335-3-15, except as provided otherwise by this Rule or Rule 335-3-8-.13. The applicable provisions of such permit regulations may include, but are not limited to, provisions addressing permit applications, permit issuance, permit revision and reopening, public participation, and review by the Administrator.

(b)Each NOX Budget permit (including a draft or proposed NOX Budget permit, if applicable) shall contain all applicable NOX Budget Trading Program requirements and shall be a complete and segregable portion of the permit under subparagraph (a) of this paragraph.

(2)Submission of NOX Budget permit applications.

(a)Duty to apply. The NOX authorized account representative of any NOX Budget source required to have an enforceable permit shall submit to the Department a complete NOX Budget permit application under paragraph (3) of this Rule by the applicable deadline in subparagraph (b) or (c) below.

(b)For NOX Budget sources required to have a major source operating permit:

1.For any source, with one or more NOX Budget units under Rule 335-3-8-.05(4) that commenced operation before January 1, 2001, the NOX authorized account representative shall submit a complete NOX Budget permit application under paragraph (3) of this Rule covering such NOX Budget units to the Department at least 18 months (or such lesser time provided under Chapter 335-3-16 for final action on a permit application) before May 31, 2004.

2.For any source, with any NOX Budget unit under Rule 335-3-8-.05(4) that commences operation on or after January 1, 2001, the NOX authorized account representative shall submit a complete NOX Budget permit application under paragraph (3) of this Rule covering such NOX Budget unit to the Department at least 18 months (or such lesser time provided under Chapter 335-3-16 for final action on a permit application) before the later of May 31, 2004 or the date on which the NOX Budget unit commences operation.

(c)For NOX Budget sources required to have a non-title V permit:

1.For any source, with one or more NOX Budget units under Rule 335-3-8-.05(4) that commenced operation before January 1, 2001, the NOX authorized account representative shall submit a complete NOX Budget permit application under paragraph (3) of this Rule covering such NOX Budget units to the Department at least 18 months (or such lesser time provided under the Department's permit regulations in Chapter 335-3-14 or 335-3-15 for final action on a permit application) before May 31, 2004.

2.For any source, with any NOX Budget unit under Rule 335-3-8-.05(4) that commenced operation on or after January 1, 2001, the NOX authorized account representative shall submit a complete NOX Budget permit application under paragraph (3) of this Rule covering such NOX Budget unit to the Department at least 18 months (or such lesser time provided under the Department's permit regulations in Chapter 335-3-14 or Chapter 335-3-15 for final action on a permit application) before the later of May 31, 2004 or the date on which the NOX Budget unit commences operation.

(d)Duty to reapply. For a NOX Budget source required to have a major source operating permit, the NOX authorized account representative shall submit a complete NOX Budget permit application under paragraph (3) of this Rule for the NOX Budget source covering the NOX Budget units at the source in accordance with the Department's major source operating permits regulations in Chapter 335-3-16 addressing operating permit renewal.

(3)Information requirements for NOX Budget permit applications. A complete NOX Budget permit application shall include the following elements concerning the NOX Budget source for which the application is submitted, in a format prescribed by the Department:

(a)Identification of the NOX Budget source, including plant name and the ORIS (Office of Regulatory Information Systems) or facility code assigned to the source by the Energy Information Administration, if applicable;

(b)Identification of each NOX Budget unit at the NOX Budget source and whether it is a NOX budget unit under Rules 335-3-8-.05(4) or 335-3-8-.13;

(c)The standard requirements under Rule 335-3-8-.05(6); and

(d)For each NOX Budget opt-in unit at the NOX Budget source, the following certification statements by the NOX authorized account representative:

1."I certify that each unit for which this permit application is submitted under Rule 335-3-8-.13 is not a NOX Budget unit under Rule 335-3-8-.05(4) and is not covered by a retired unit exemption under Rule 335-3-8-.05(5) that is in effect."

2.If the application is for an initial NOX Budget opt-in permit, "I certify that each unit for which this permit application is submitted under Rule 335-3-8-.13 is currently operating, as that term is defined under Rule 335-3-8-.05(2)."

(4)NOX Budget permit contents.

(a)Each NOX Budget permit (including any draft or proposed NOX Budget permit, if applicable) will contain, in a format prescribed by the Department, all elements required for a complete NOX Budget permit application under paragraph (3) of this Rule.

(b)Each NOX Budget permit is deemed to incorporate automatically the definitions of terms under Rule 335-3-8-.05(2) and, upon recordation by the Administrator under Rules 335-3-8-.10, 335-3-8-.11, or 335-3-8-.13 of this Division, every allocation, transfer, or deduction of a NOX allowance to or from the compliance accounts of the NOX Budget units covered by the permit or the overdraft account of the NOX Budget source covered by the permit.

(5)Effective date of initial NOX Budget permit. The initial NOX Budget permit covering a NOX Budget unit for which a complete NOX Budget permit application is timely submitted under subparagraph (2)(b) or 2(c) of this Rule shall become effective by the later of:

(a)May 31, 2004;

(b)May 1 of the year in which the NOX Budget unit commences operation, if the unit commences operation on or before May 1 of that year;

(c)The date on which the NOX Budget unit commences operation, if the unit commences operation during a control period; or

(d)May 1 of the year following the year in which the NOX Budget unit commences operation, if the unit commences operation on or after October 1 of the year.

(6)NOX Budget permit revisions.

(a)For a NOX Budget source with a major source operating permit, except as provided in subparagraph (4)(b) of this Rule, the Department will revise the NOX Budget permit, as necessary, in accordance with the Department's major source operating permits regulations in Chapter 335-3-16 addressing permit revisions.

(b)For a NOX Budget source with a non-title V permit, except as provided in subparagraph (4)(b) of this Rule, the Department will revise the NOX Budget permit, as necessary, in accordance with the Department's permit regulations in Chapter 335-3-14 or 335-3-15, as applicable.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-8, 22-28-10, 22-28-11, 22-28-14, 22-28-16, 22-28-18, 22-28-20, 22-28-22.

History: New Rule: Filed March 2, 2001; effective April 6, 2001.

(1)Compliance certification report.

(a)Applicability and deadline. For each control period in which one or more NOX Budget units at a source are subject to the NOX Budget emissions limitation, the NOX authorized account representative of the source shall submit to the Department and the Administrator by November 30 of that year, a compliance certification report for each source covering all such units.

(b)Contents of report. The NOX authorized account representative shall include in the compliance certification report under subparagraph (a) of this paragraph the following elements, in a format prescribed by the Administrator, concerning each unit at the source and subject to the NOX Budget emissions limitation for the control period covered by the report:

1.Identification of each NOX Budget unit;

2.The serial numbers of the NOX allowances that are to be deducted from each unit's compliance account under Rule 335-3-8-.10(5) for the control period;

3.For units sharing a common stack and having NOX emissions that are not monitored separately or apportioned in accordance with Rule 335-3-8-.12, the percentage of allowances that is to be deducted from each unit's compliance account under Rule 335-3-8-.10(5)(e); and

4.The compliance certification under subparagraph (c) of this paragraph.

(c)Compliance certification. In the compliance certification report under subparagraph (a) above, the NOX authorized account representative shall certify, based on reasonable inquiry of those persons with primary responsibility for operating the source and the NOX Budget units at the source in compliance with the NOX Budget Trading Program, whether each NOX Budget unit for which the compliance certification is submitted was operated during the calendar year covered by the report in compliance with the requirements of the NOX Budget Trading Program applicable to the unit, including:

1.Whether the unit was operated in compliance with the NOX Budget emissions limitation;

2.Whether the monitoring plan that governs the unit has been maintained to reflect the actual operation and monitoring of the unit, and contains all information necessary to attribute NOX emissions to the unit, in accordance with Rule 335-3-8-.12;

3.Whether all the NOX emissions from the unit, or a group of units (including the unit) using a common stack, were monitored or accounted for through the missing data procedures and reported in the quarterly monitoring reports, including whether conditional data were reported in the quarterly reports in accordance with Rule 335-3-8-.12. If conditional data were reported, the owner or operator shall indicate whether the status of all conditional data has been resolved and all necessary quarterly report re-submissions has been made;

4.Whether the facts that form the basis for certification under Rule 335-3-8-.12 of each monitor at the unit or a group of units (including the unit) using a common stack, or for using an excepted monitoring method or alternative monitoring method approved under Rule 335-3-8-.12, if any, has changed; and

5.If a change is required to be reported under subparagraph (c)4. of this paragraph, specify the nature of the change, the reason for the change, when the change occurred, and how the unit's compliance status was determined subsequent to the change, including what method was used to determine emissions when a change mandated the need for monitor re-certification.

(2)Department's and Administrator's action on compliance certifications.

(a)The Department or the Administrator may review and conduct independent audits concerning any compliance certification or any other submission under the NOX Budget Trading Program and make appropriate adjustments of the information in the compliance certifications or other submissions.

(b)The Administrator may deduct NOX allowances from or transfer NOX allowances to a unit's compliance account or a source's overdraft account based on the information in the compliance certifications or other submissions, as adjusted under subparagraph (a) of this paragraph.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, and 22-22A-8,22-28-10, 22-28-11, 22-28-14, 22-28-18, 22-28-20, 22-28-22.

History: New Rule: Filed March 2, 2001; effective April 6, 2001.

(1)State Trading Program Budget. The State trading program budget allocated by the Department under paragraph (3) of this Rule for a control period will equal the total number of tons of NOX emissions apportioned to the NOX Budget units under Rule 335-3-8-.05(4) in the State for the control period, as determined by the applicable, approved State Implementation Plan.

(2)Timing Requirements for NOX Allowance Allocations.

(a)By April 6, 2001, the Department will submit to the Administrator the NOX allowance allocations, in accordance with paragraph (3) of this Rule, for the control periods in 2004, 2005, and 2006.

(b)By April 1, 2004 and April 1 of every third year thereafter (i.e. 2007, 2010, 2013, etc.), the Department will submit to the Administrator the NOX allowance allocations, in accordance with paragraph (3) of this Rule, for the control periods in the three years that are three, four, and five years, respectively, after the year of the applicable deadline for submission under this subparagraph (b). If the Department fails to submit to the Administrator the NOx allowance allocations in accordance with this subparagraph (b), the Administrator will allocate, for the applicable control periods, the same number of NOx allowances as were allocated for the preceding control periods.

(3)NOX Allowance Allocations.

(a)Definitions. For the purpose of this Rule, the following definitions apply:

1.Baseline NOX Budget Unit. A NOX Budget unit that either:

(i)Commenced operation on or before May 1, 1999; or

(ii)Submitted a permit application to the Department that was affirmatively deemed complete by the Department in writing on or before October 2, 2000.

2.Replacement NOX Budget Unit.

(i)A NOx Budget unit, which replaces at the same facility, a Baseline NOx budget unit with the same or less design heat input capacity; or

(ii)The portion of a NOX Budget unit, which replaces at the same facility, a Baseline NOX Budget unit with the same or less design heat input capacity.

3.New NOX Budget Unit.

(i)A NOX Budget unit that does not meet the definition of either Baseline NOX Budget Unit or Replacement NOX Budget Unit as defined in (3)(a)1. and (3)(a)2. of this Rule; or

(ii)The portion of a NOX Budget unit that does not meet the definition of either Baseline NOX Budget Unit or Replacement NOX Budget Unit as defined in (3)(a)1. and (3)(a)2. of this Rule.

(b)Determination of Heat Input.

1.The heat input (in mmBtu) used for calculating NOX allowance allocations under subparagraph (2)(a) of this Rule will be:

(i)For a baseline NOX Budget unit that commenced operation on or before May 1, 1999, the average of the two highest amounts of the unit?s heat input for the control periods in 1997, 1998, and 1999; or

(ii)For a baseline NOX Budget unit that did not commence operation on or before May 1, 1999 but had submitted a permit application to the Department that was affirmatively deemed complete by the Department in writing on or before October 2, 2000, the expected actual ozone season heat input based on actual utilization data of similar sources.

2.The heat input (in mmBtu) used for calculating NOX allowance allocations under subparagraph (2)(b) of this Rule that are to be submitted to the Administrator on April 1, 2004 will be:

(i)For a baseline or replacement NOX Budget unit that commenced operation on or before May 1, 2001, the average of the two highest amounts of the unit?s heat input for the control periods in 2001, 2002, and 2003; or

(ii)For a baseline or replacement NOX Budget unit that did not commence operation on or before May 1, 2001 but did commence operation on or before May 1, 2002, the average heat input for the control periods in 2002 and 2003; or

(iii)For a baseline or replacement NOX Budget unit that did not commence operation on or before May 1, 2002 but did commence operation on or before May 1, 2003, the heat input for the control period in 2003; or

(iv)For a replacement NOX Budget unit that did not commence operation on or before May 1, 2003, the average of the two highest amounts of the heat inputs for the control periods in 2001, 2002, and 2003 for the baseline NOX Budget unit that it replaced.

(v)For a new NOX Budget unit that commenced operation on or before May 1, 2003, the average of the two highest amounts of the unit?s heat input for the control periods in 2001, 2002, and 2003; or

(vi)For a new NOX Budget unit that did not commence operation on or before May 1, 2003, the expected actual ozone season heat input based on actual utilization data of similar sources.

3.The heat input (in mmBtu) used for calculating NOX allowance allocations under subparagraph (2)(b) of this Rule that are to be submitted to the Administrator on April 1, 2007 and all subsequent years will be:

(i)For a baseline NOX Budget unit, the average of the two highest amounts of the unit?s heat input for the three most recent control periods (e.g. allocations calculated for submission to the Administrator on April 1, 2007 will be based on ozone season heat inputs from 2004, 2005, and 2006); or

(ii)For a replacement NOX Budget unit, if the average of the two highest amounts of the unit?s heat input for the three most recent control periods is less than or equal to the average of the two highest amounts of the ozone season heat inputs of the baseline NOX Budget unit that it replaced during the last three control periods that it operated, the unit's calculated average ozone season heat input will be used; or

(iii)For a replacement NOX Budget unit, if the average of the two highest amounts of the unit?s heat input for the three most recent control periods is greater than the average of the two highest amounts of the ozone season heat inputs of the baseline NOX Budget unit that it replaced during the last three control periods that it operated, the average of the two highest amounts of the ozone season heat inputs of the baseline NOX Budget unit that it replaced during the last three control periods that it operated will be used; or

(iv)For a new NOX Budget unit that commenced operation prior to or during the most recent control period, the average of the two highest amounts of the unit?s heat input for the three most recent control periods; or

(v)For a new NOX Budget unit that did not commence operation prior to or during the most recent control period, the expected actual ozone season heat input based on actual utilization data of similar sources.

4.The unit?s total heat input for the control period in each year specified under subparagraph (a) of this paragraph will be determined in accordance with 40 CFR 75 if the NOX Budget unit was otherwise subject to the requirements of 40 CFR 75 for the year, or will be based on the best available data reported to the Administrator and the Department for the unit if the unit was not otherwise subject to the requirements of 40 CFR 75 for the year.

(c)Establishment of Baseline and Retired Unit Allowance Pools. At the time NOX allowances are initially allocated to baseline NOX Budget units under subparagraph (e)1. of this paragraph, each unit's allocation will be permanently recorded as that unit's "Baseline Allowance". This value will be used to calculate the following:

1.Baseline Allowance Pool. The Baseline Allowance Pool shall be calculated each time NOX allowances are allocated under subparagraph (2)(b) of this Rule and shall equal the sum of the Baseline Allowances for all baseline NOX Budget units that have not retired in accordance with Rule 335-3-8-.05(5).

2.Retired Unit Allowance Pool. The Retired Unit Allowance Pool shall be calculated each time NOX allowances are allocated under subparagraph (2)(b) of this Rule and shall equal the sum of the Baseline Allowances for all NOX Budget units that have retired in accordance with Rule 335-3-8-.05(5).

(d)Adjustment Ratios. To ensure that the total number of NOX allowances allocated under paragraph (3) of this Rule equals the number of tons of NOX emissions in the State trading program budget, the following ratios may be applied to the calculated NOX allowance allocations as appropriate.

1.Baseline Adjustment Ratio. The Baseline Adjustment Ratio is the total number of NOX allowances in the Baseline Allowance Pool divided by the total number of NOX allowances calculated for baseline NOX Budget units for a control period prior to any adjustments.

2.Alternate Baseline Adjustment Ratio. If there are no New NOX Budget Units for which allocations must be calculated, the Alternate Baseline Adjustment Ratio is the total number of tons of NOX emissions in the State trading program budget divided by the total number of NOX allowances calculated for baseline and replacement NOX Budget units for a control period prior to any adjustments.

(e)Calculation of NOX Allowances for Baseline NOX Budget Units.

1.For each control period under subparagraph (2)(a) of this Rule, the Department will allocate NOX allowances to all baseline NOX Budget units in accordance with the following procedures:

(i)The Department will allocate NOX allowances to each NOX Budget unit under Rule 335-3-8-.05(4)(a)1. in an amount equaling 0.15 lb/mmBtu, or the unit's permitted NOX limit (expressed as lb/mmBtu), whichever is less, multiplied by the heat input determined under subparagraph (b)1. of this paragraph, multiplied by the ratio of the total number of tons of NOX emissions in the State trading program budget divided by the total number of NOX allowances calculated for baseline NOX Budget units for a control period prior to any adjustments, and then rounded to the nearest whole NOX allowance as appropriate.

(ii)The Department will allocate NOX allowances to each NOX Budget unit under Rule 335-3-8-.05(4)(a)2. in an amount equaling 0.17 lb/mmBtu or the unit's permitted NOX limit (expressed as lb/mmBtu), whichever is less, multiplied by the heat input determined under subparagraph (b)1. of this paragraph, multiplied by the ratio of the total number of tons of NOX emissions in the State trading program budget divided by the total number of NOX allowances calculated for baseline NOX Budget units for a control period prior to any adjustments, and then rounded to the nearest whole NOX allowance as appropriate.

2.For each control period under subparagraph (2)(b) of this Rule, the Department will allocate NOX allowances to all baseline NOX Budget units in accordance with the following procedures:

(i)The Department will allocate NOX allowances to each NOX Budget unit under Rule 335-3-8-.05(4)(a)1. in an amount equaling 0.15 lb/mmBtu or the unit's permitted NOX limit (expressed as lb/mmBtu), whichever is less, multiplied by the heat input determined under subparagraph (b)2. or (b)3. of this paragraph, multiplied by the Baseline Adjustment Ratio or, if no new NOX Budget units have been identified at the time allocations are calculated, the Alternate Baseline Adjustment Ratio, and then rounded to the nearest whole NOX allowance as appropriate. These NOX allowances may be further adjusted in accordance with subparagraph (h) of this paragraph where necessary.

(ii)The Department will allocate NOX allowances to each NOX Budget unit under Rule 335-3-8-.05(4)(a)2. in an amount equaling 0.17 lb/mmBtu or the unit's permitted NOX limit (expressed as lb/mmBtu), whichever is less, multiplied by the heat input determined under subparagraph (b)2. or (b)3. of this paragraph, multiplied by the Baseline Adjustment Ratio or, if no new NOX Budget units have been identified at the time allocations are calculated, the Alternate Baseline Adjustment Ratio, and then rounded to the nearest whole NOX allowance as appropriate. These NOX allowances may be further adjusted in accordance with subparagraph (h) of this paragraph where necessary.

(f)Calculation of NOX Allowances for Replacement NOX Budget Units. For each control period under subparagraph (2)(b) of this Rule, after calculating NOX allowances for all baseline NOX Budget units that have not retired in accordance with Rule 335-3-8-.05(5), the Department will allocate NOX allowances from the Retired Unit Allowance Pool to all replacement NOX Budget units in accordance with the following procedures:

1.For each replacement NOX Budget unit under Rule 335-3-8-.05(4)(a)1. that commenced operation or submitted a permit application affirmatively deemed complete by the Department in writing on or before March 1 of the year allocations are to be submitted to the Administrator under subparagraph (2)(b) of this Rule, the number of NOX allowances allocated for each applicable control period will be equal to 0.15 lb/mmBtu, or the unit's permitted NOX limit (expressed as lb/mmBtu), whichever is less, multiplied by the heat input determined under subparagraph (b)2. or (b)3. of this paragraph, multiplied by the Baseline Adjustment Ratio or, if no new NOX Budget units have been identified at the time allocations are calculated, the Alternate Baseline Adjustment Ratio, and then rounded to the nearest whole NOX allowance as appropriate. These NOX allowances may be further adjusted in accordance with subparagraph (i) of this paragraph where necessary.

2.For each replacement NOX Budget unit under Rule 335-3-8-.05(4)(a)2. that commenced operation or submitted a permit application affirmatively deemed complete by the Department in writing on or before March 1 of the year allocations are to be submitted to the Administrator under subparagraph (2)(b) of this Rule, the number of NOX allowances allocated for each applicable control period will be equal to 0.17 lb/mmBtu, or the unit's permitted NOX limit (expressed as lb/mmBtu), whichever is less, multiplied by the heat input determined under subparagraph (b)2. or (b)3. of this paragraph, multiplied by the Baseline Adjustment Ratio or, if no new NOX Budget units have been identified at the time allocations are calculated, the Alternate Baseline Adjustment Ratio, and then rounded to the nearest whole NOX allowance as appropriate. These NOX allowances may be further adjusted in accordance with subparagraph (i) of this paragraph where necessary.

(g)Calculation of NOX Allowances for New NOX Budget Units. For each control period under subparagraph (2)(b) of this Rule, after calculating NOX allowances for all baseline NOX Budget units that have not retired in accordance with Rule 335-3-8-.05(5) and calculating NOX allowances for all replacement NOX Budget Units, the Department will allocate NOX allowances remaining in the Retired Unit Allowance Pool to all new NOX Budget units in accordance with the following procedures:

1.For each new NOX Budget unit under Rule 335-3-8-.05(4)(a)1. that commenced operation or submitted a permit application affirmatively deemed complete by the Department in writing on or before March 1 of the year allocations are to be submitted to the Administrator under subparagraph (2)(b) of this Rule, the number of NOX allowances allocated for each applicable control period will be equal to 0.15 lb/mmBtu, or the unit's permitted NOX limit (expressed as lb/mmBtu), whichever is less, multiplied by the heat input determined under subparagraph (b)2. or (b)3. of this paragraph, multiplied by the Baseline Adjustment Ratio, and then rounded to the nearest whole NOX allowance as appropriate. These NOX allowances may be further adjusted in accordance with subparagraph (j) of this paragraph where necessary.

2.For each new NOX Budget unit under Rule 335-3-8-.05(4)(a)2. that commenced operation or submitted a permit application affirmatively deemed complete by the Department in writing on or before March 1 of the year allocations are to be submitted to the Administrator under subparagraph (2)(b) of this Rule, the number of NOX allowances allocated for each applicable control period will be equal to 0.17 lb/mmBtu, or the unit's permitted NOX limit (expressed as lb/mmBtu), whichever is less, multiplied by the heat input determined under subparagraph (b)2. or (b)3. of this paragraph, multiplied by the Baseline Adjustment Ratio, and then rounded to the nearest whole NOX allowance as appropriate. These NOX allowances may be further adjusted in accordance with subparagraph (j) of this paragraph where necessary.

(h)Adjustment of Baseline NOx Allowance Allocations. If NOX allowances remain in the Retired Unit Allowance Pool after allocations are made to all replacement and new NOX Budget units in accordance with subparagraphs (f) and (g) of this paragraph, these NOx allowances will be allocated on a pro rata basis to the baseline NOX Budget units for the applicable control periods.

(i)Adjustment of Replacement NOx Allowance Allocations. If the total number of calculated NOX allowances allocated to all replacement NOX Budget units under subparagraph (f) of this paragraph exceeds the number of NOX allowances in the Retired Unit Allowance Pool, each unit's allocation will be further adjusted by multiplying by the ratio of the number of NOX allowances in the Retired Unit Allowance Pool divided by the total number of NOX allowance allocations to all replacement NOX Budget units under subparagraph (f) of this paragraph so that the number of NOX allowances in the Retired Unit Allowance Pool is not exceeded. The adjusted NOX allowance allocations will be rounded to the nearest ton, as appropriate.

(j)Adjustment of New NOx Allowance Allocations. If the total number of calculated NOX allowances allocated to all new NOX Budget units under subparagraph (f) of this paragraph exceeds the number of NOX allowances remaining in the Retired Unit Allowance Pool after allocation to replacement NOX Budget units, each unit's allocation will be further adjusted by multiplying by the ratio of the number of NOX allowances remaining in the Retired Unit Allowance Pool after allocation to replacement NOX Budget units divided by the total number of NOX allowance allocations to new replacement NOX Budget units under subparagraph (f) of this paragraph so that the total number of NOX allowances in the Retired Unit Allowance Pool is not exceeded. The adjusted NOX allowance allocations will be rounded to the nearest ton, as appropriate.

(k)NOX allowances allocated to baseline NOX Budget units based on heat inputs determined in accordance with subparagraph (b)1.(ii) of this paragraph shall not be banked, as described under Rule 335-3-8-.10(6), or transferred, as described under Rule 335-3-8-.11, by the NOX Budget unit to which the NOX allowances were allocated if the unit does not commence operation prior to or during the control period for which NOX allowances were allocated. The NOX allowances will be transferred by the Department pro rata to baseline NOX Budget units that were allocated NOX allowances in accordance with subparagraphs (b)1.(i) of this paragraph. By November 1 of the same year, the Department shall notify the Administrator of the appropriate NOX allowance transfers.

(l)NOX allowances allocated to new NOX Budget units based on heat inputs determined in accordance with subparagraphs (b)2.(vi) or (b)3.(v) of this paragraph shall not be banked, as described under Rule 335-3-8-.10(6), or transferred, as described under Rule 335-3-8-.11, by the NOX Budget unit to which the NOX allowances were allocated if the unit does not commence operation prior to or during the control period for which NOX allowances were allocated. The NOX allowances will be transferred by the Department pro rata to NOX Budget units that were allocated NOX allowances in accordance with subparagraphs (b)2.(i) through (v) or (b)3.(i) through (iv) of this paragraph. By November 1 of the same year, the Department shall notify the Administrator of the appropriate NOX allowance transfers.

(m)NOX allowances will not be allocated to NOX Budget units that retire under 335-3-8-.05(5) prior to the date NOX allowance allocations are submitted to the Administrator under subparagraphs (2)(a) or (2)(b).

(n)The total NOX allowances allocated for any control period in accordance with subparagraphs 335-3-8-.09(3)(e), (f), and (g) shall not exceed the State Trading Program Budget as determined by the applicable, approved State Implementation Plan.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-8,22-28-10, 22-28-11, 22-28-14, 22-28-18, 22-28-20, 22-28-22,.

History: New Rule: Filed March 2, 2001; effective April 6, 2001.

(1)NOX Allowance Tracking System accounts.

(a)Nature and function of compliance accounts and overdraft accounts. Consistent with subparagraph (2)(a) of this Rule, the Administrator will establish one compliance account for each NOX Budget unit and one overdraft account for each source with two or more NOX Budget units. Allocations of NOX allowances pursuant to Rule 335-3-8-.09 or Rule 335-3-8-.13(9) and deductions or transfers of NOX allowances pursuant to Rules 335-3-8-.08(2), 335-3-8-.10(7), 335-3-8-.11, or 335-3-8-.13 will be recorded in the compliance accounts or overdraft accounts in accordance with this Rule.

(b)Nature and function of general accounts. Consistent with paragraph (2) of this Rule, the Administrator will establish, upon request, a general account for any person. Transfers of allowances pursuant to Rule 335-3-8-.11 will be recorded in the general account in accordance with this Rule.

(2)Establishment of accounts.

(a)Compliance accounts and overdraft accounts. Upon receipt of a complete account certificate of representation under Rule 335-3-8-.06(4), the Administrator will establish:

1.A compliance account for each NOX Budget unit for which the account certificate of representation was submitted; and

2.An overdraft account for each source for which the account certificate of representation was submitted and that has two or more NOX Budget units.

(b)General accounts.

1.Any person may apply to open a general account for the purpose of holding and transferring allowances. A complete application for a general account shall be submitted to the Administrator and shall include the following elements in a format prescribed by the Administrator:

(i)Name, mailing address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the NOX authorized account representative and any alternate NOX authorized account representative;

(ii)The NOX authorized account representative, organization name and type of organization;

(iii)A list of all persons subject to a binding agreement for the NOX authorized account representative or any alternate NOX authorized account representative to represent their ownership interest with respect to the allowances held in the general account;

(iv)The following certification statement by the NOX authorized account representative and any alternate NOX authorized account representative: "I certify that I was selected as the NOX authorized account representative or the NOX alternate authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to allowances held in the general account. I certify that I have all the necessary authority to carry out my duties and responsibilities under the NOX Budget Trading Program on behalf of such persons and that each such person shall be fully bound by my representations, actions, inactions, or submissions and by any order or decision issued to me by the Administrator or a court regarding the general account."

(v)The signature of the NOX authorized account representative and any alternate NOX authorized account representative and the dates signed.

(vi)Unless otherwise required by the Department or the Administrator, documents of agreement referred to in the account certificate of representation shall not be submitted to the Department nor the Administrator. Neither the Department nor the Administrator shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted.

2.Upon receipt by the Administrator of a complete application for a general account under subparagraph (b)1. of this paragraph:

(i)The Administrator will establish a general account for the person or persons for whom the application is submitted.

(ii)The NOX authorized account representative and any alternate NOX authorized account representative for the general account shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to NOX allowances held in the general account in all matters pertaining to the NOX Budget Trading Program, not withstanding any agreement between the NOX authorized account representative or any alternate NOX authorized account representative and such person. Any such person shall be bound by any order or decision issued to the NOX authorized account representative or any alternate NOX authorized account representative by the Administrator or a court regarding the general account.

(iii)Each submission concerning the general account shall be submitted, signed, and certified by the NOX authorized account representative or any alternate NOX authorized account representative for the persons having an ownership interest with respect to NOX allowances held in the general account. Each such submission shall include the following certification statement by the NOX authorized account representative or any alternate NOX authorized account representative any: "I am authorized to make this submission on behalf of the persons having an ownership interest with respect to the NOX allowances held in the general account. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment."

(iv)The Administrator will accept or act on a submission concerning the general account only if the submission has been made, signed, and certified in accordance with subparagraph (b)2.(iii) of this paragraph above.

3.An application for a general account may designate one and only one NOX authorized account representative and one and only one alternate NOX authorized account representative who may act on behalf of the NOX authorized account representative. The agreement by which the alternate NOX authorized account representative is selected shall include a procedure for authorizing the alternate NOX authorized account representative to act in lieu of the NOX authorized account representative.

(i)Upon receipt by the Administrator of a complete application for a general account under subparagraph (b)1. of this paragraph, any representation, action, inaction, or submission by any alternate NOX authorized account representative shall be deemed to be a representation, action, inaction, or submission by the NOX authorized account representative.

4.Changing the NOx authorized account representative and the alternate NOX authorized account representative; changes in ownership interest.

(i)Changing the NOx authorized account representative. The NOX authorized account representative for a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under subparagraph (b)1. of this paragraph. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous NOX authorized account representative prior to the time and date when the Administrator receives the superseding application for a general account shall be binding on the new NOX authorized account representative and the persons with an ownership interest with respect to the allowances in the general account.

(ii)Changing the alternate NOX authorized account representative. The alternate NOX authorized account representative for a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under subparagraph (b)1. of this paragraph. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate NOX authorized account representative prior to the time and date when the Administrator receives the superseding application for a general account shall be binding on the new alternate NOX authorized account representative and the persons with an ownership interest with respect to the allowances in the general account.

(iii)Changes in ownership interest.

(I)In the event a new person having an ownership interest with respect to NOX allowances in the general account is not included in the list of such persons in the account certificate of representation, such new person shall be deemed to be subject to and bound by the account certificate of representation, the representation, actions, inactions, and submissions of the NOX authorized account representative and any alternate NOX authorized account representative of the source or unit, and the decisions, orders, actions, and inactions of the Administrator, as if the new person were included in such list.

(II)Within 30 days following any change in the persons having an ownership interest with respect to NOX allowances in the general account, including the addition of persons, the NOX authorized account representative or any alternate NOX authorized account representative shall submit a revision to the application for a general account amending the list of persons having an ownership interest with respect to the NOX allowances in the general account to include the change.

5.Once a complete application for a general account under subparagraph (b)1. of this paragraph has been submitted and received, the Administrator will rely on the application unless and until a superseding complete application for a general account under subparagraph (b)1. of this paragraph is received by the Administrator.

(i)Except as provided in subparagraph (b)4. of this paragraph, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission of the NOX authorized account representative or any alternate NOX authorized account representative for a general account shall affect any representation, action, inaction, or submission of the NOX authorized account representative or any alternate NOX authorized account representative or the finality of any decision or order by the Administrator under the NOX Budget Trading Program.

(ii)The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the NOX authorized account representative or any alternate NOX authorized account representative for a general account, including private legal disputes concerning the proceeds of NOX allowance transfers.

(c)Account identification. The Administrator will assign a unique identifying number to each account established under subparagraph (a) or (b) of this paragraph.

(3)NOX Allowance Tracking System responsibilities of NOX authorized account representative.

(a)Following the establishment of a NOX Allowance Tracking System account, all submissions to the Administrator pertaining to the account, including, but not limited to, submissions concerning the deduction or transfer of NOX allowances in the account, shall be made only by the NOX authorized account representative for the account.

(b)Authorized account representative identification. The Administrator will assign a unique identifying number to each NOX authorized account representative.

(4)Recordation of NOX allowance allocations.

(a)Upon approval of this Regional NOX State Implementation Plan by the Administrator, the Administrator will record in the unit's compliance account NOX allowances allocated to a NOX Budget unit pursuant to Rule 335-3-8-.09(2)(a), and in accordance with Rule 335-3-8-.09(3) for the control periods in 2004, 2005, and 2006. Pursuant to subparagraph (d) of this paragraph, the year designated within each NOX allowance's serial number shall determine the first control period in which the NOX allowance is available for deduction for compliance.

(b)By May 1, 2004 and May 1 of every third year thereafter, the Administrator will record in the unit's compliance account all NOX allowances allocated to a NOX Budget unit pursuant to Rule 335-3-8-.09(2)(b), and in accordance with Rule 335-3-8-.09(3) for the control periods in the three years after the last year for which NOX allowances were previously recorded. Pursuant to subparagraph (d) of this paragraph, the year designated within each NOX allowance's serial number shall determine the first control period in which the NOX allowance is available for deduction for compliance.

(c)For NOX allowances allocated to a NOX Budget opt-in unit under Rule 335-3-8-.13(9)(a), the Administrator will record the NOX allowances in the unit's compliance account by May 1 of the control period for which the NOX allowances were allocated.

(d)Serial numbers for allocated NOX allowances. When allocating NOX allowances to a NOX Budget unit and recording them in an account, the Administrator will assign each NOX allowance a unique identification number that will include digits identifying the year for which the NOX allowance is allocated.

(5)Compliance.

(a)NOX allowance transfer deadline. The NOX allowances are available to be deducted for compliance with a unit's NOX Budget emissions limitation for a control period in a given year only if the NOX allowances:

1.Were allocated for a control period in a prior year or the same year; and,

2.Are held in the unit's compliance account, or the overdraft account of the source where the unit is located, as of the NOX allowance transfer deadline for that control period or are transferred into the compliance account or overdraft account by a NOX allowance transfer correctly submitted for recordation under Rule 335-3-8-.11(1) by the NOX allowance transfer deadline for that control period.

(b)Deductions for compliance.

1.Following the recordation, in accordance with Rule 335-3-8-.11(2), of NOX allowance transfers submitted for recordation in the unit's compliance account or the overdraft account of the source where the unit is located by the NOX allowance transfer deadline for a control period, the Administrator will deduct NOX allowances available under subparagraph (a) of this paragraph to cover the unit's NOX emissions (as determined in accordance with Rule 335-3-8-.12) for the control period:

(i)From the compliance account; and,

(ii)Only if no more NOX allowances available under subparagraph (a) of this paragraph remain in the compliance account, from the overdraft account. In deducting allowances for units at the source from the overdraft account, the Administrator will begin with the unit having the compliance account with the lowest NOX Allowance Tracking System account number and end with the unit having the compliance account with the highest NOX Allowance Tracking System account number (with account numbers sorted beginning with the left-most character and ending with the right-most character and the letter characters assigned values in alphabetical order and less than all numeric characters).

2.The Administrator will deduct NOX allowances first under subparagraph (b)1.(i) of this paragraph and then under paragraph (b)1.(ii) of this paragraph:

(i)Until the number of NOX allowances deducted for the control period equals the number of tons of NOX emissions, determined in accordance with Rule 335-3-8-.12, from the unit for the control period for which compliance is being determined, or

(ii)Until no more NOX allowances available under subparagraph (a) of this paragraph remain in the respective account.

(c)Identification of NOX allowances by serial number. The NOX authorized account representative for each compliance account may identify by serial number the NOX allowances to be deducted from the unit's compliance account under subparagraphs (b), (d), or (e) of this paragraph. Such identification shall be made in the compliance certification report submitted in accordance with Rule 335-3-8-.08(1).

1.First-in, first-out. The Administrator will deduct NOX allowances for a control period from the compliance account, in the absence of an identification or in the case of a partial identification of NOX allowances by serial number under subparagraph (c) of this paragraph, or the overdraft account on a first-in, first-out (FIFO) accounting basis in the following order:

(i)Those NOX allowances that were allocated for the control period to the unit under Rules 335-3-8-.09 or 335-3-8-.13;

(ii)Those NOX allowances that were allocated for the control period to any unit and transferred and recorded in the account pursuant to Rule 335-3-8-.11, in order of their date of recordation;

(iii)Those NOX allowances that were allocated for a prior control period to the unit under Rules 335-3-8-.09 or 335-3-8-.13; and

(iv)Those NOX allowances that were allocated for a prior control period to any unit and transferred and recorded in the account pursuant to Rule 335-3-8-.11, in order of their date of recordation.

(d)Deductions for excess emissions.

1.After making the deductions for compliance under subparagraph (b) of this paragraph, the Administrator will deduct from the unit's compliance account or the overdraft account of the source where the unit is located a number of NOX allowances, allocated for a control period after the control period in which the unit has excess emissions, equal to three times the number of the unit's excess emissions.

2.If the compliance account or overdraft account does not contain sufficient NOX allowances, the Administrator will deduct the required number of NOX allowances, regardless of the control period for which they were allocated, whenever NOX allowances are recorded in either account.

3.Any allowance deduction required under subparagraph (d) of this paragraph shall not affect the liability of the owners and operators of the NOX Budget unit for any fine, penalty, or assessment, or their obligation to comply with any other remedy, for the same violation, as ordered under the CAA or applicable State law. The following guidelines will be followed in assessing fines, penalties or other obligations:

(i)For purposes of determining the number of days of violation, if a NOX Budget unit has excess emissions for a control period, each day in the control period (153 days) constitutes a day in violation unless the owners and operators of the unit demonstrate that a lesser number of days should be considered.

(ii)Each ton of excess emissions is a separate violation.

(e)Deductions for units sharing a common stack. In the case of units sharing a common stack and having emissions that are not separately monitored or apportioned in accordance with Rule 335-3-8-.12:

1.The NOX authorized account representative of the units may identify the percentage of NOX allowances to be deducted from each such unit's compliance account to cover the unit's share of NOX emissions from the common stack for a control period. Such identification shall be made in the compliance certification report submitted in accordance with Rule 335-3-8-.08(1).

2.Notwithstanding subparagraph (b)2.(i) of this paragraph, the Administrator will deduct NOX allowances for each such unit until the number of NOX allowances deducted equals the unit's identified percentage (under subparagraph (e)1. of this paragraph) of the number of tons of NOX emissions, as determined in accordance with Rule 335-3-8-.12, from the common stack for the control period for which compliance is being determined or, if no percentage is identified, an equal percentage for each such unit.

(f)The Administrator will record in the appropriate compliance account or overdraft account all deductions from such an account pursuant to subparagraphs (b), (d), or (e) of this paragraph.

(6)Banking.

(a)NOX allowances may be banked for future use or transfer in a compliance account, an overdraft account, or a general account, as follows:

1.Any NOX allowance that is held in a compliance account, an overdraft account, or a general account will remain in such account unless and until the NOX allowance is deducted or transferred under Rules 335-3-8-.08(2), 335-3-8-.10(5) and (6), 335-3-8-.11, or 335-3-8-.13.

2.The Administrator will designate, as a "banked" NOX allowance, any NOX allowance that remains in a compliance account, an overdraft account, or a general account after the Administrator has made all deductions for a given control period from the compliance account or overdraft account pursuant to paragraph (5) of this Rule (except deductions pursuant to subparagraph (5)(d)2. above) and that was allocated for that control period or a control period in a prior year.

(b)Each year starting in 2005, after the Administrator has completed the designation of banked NOX allowances under subparagraph (a)2. of this paragraph and before May 1 of the year, the Administrator will determine the extent to which banked NOX allowances may be used for compliance in the control period for the current year, as follows:

1.The Administrator will determine the total number of banked NOX allowances held in compliance accounts, overdraft accounts, or general accounts.

2.If the total number of banked NOX allowances determined, under subparagraph (b)1. of this paragraph, to be held in compliance accounts, overdraft accounts, or general accounts is less than or equal to 10% of the sum of the State trading program budgets for the control period for the States in which NOX Budget units are located, any banked NOX allowance may be deducted for compliance in accordance with paragraph (5) of this Rule.

3.If the total number of banked NOX allowances determined, under subparagraph (b)1. of this paragraph, to be held in compliance accounts, overdraft accounts, or general accounts exceeds 10% of the sum of the State trading program budgets for the control period for the States in which NOX Budget units are located, any banked allowance may be deducted for compliance in accordance with paragraph (5) of this Rule, except as follows:

(i)The Administrator will determine the following ratio: 0.10 multiplied by the sum of the State trading program budgets for the control period for the States in which NOX Budget units are located and divided by the total number of banked NOX allowances determined, under subparagraph (b)1. of this paragraph, to be held in compliance accounts, overdraft accounts, or general accounts.

(ii)The Administrator will multiply the number of banked NOX allowances in each compliance account or overdraft account by the ratio determined in subparagraph (i) above. The resulting product is the number of banked NOX allowances in the account that may be deducted for compliance in accordance with paragraph (5) of this Rule. Any banked NOX allowances in excess of the resulting product may be deducted for compliance in accordance with paragraph (5) of this Rule, except that, if such NOX allowances are used to make a deduction, two such NOX allowances must be deducted for each deduction of one NOX allowance required under paragraph (5) of this Rule.

(c)For any NOX Budget unit that reduces its NOX emission rate in the 2001, 2002 or 2003 control period, the owner or operator of the unit may request early reduction credits, and the Department may allocate NOX allowances by May 1, 2004 to the unit in accordance with the following requirements.

1.Each NOX Budget unit for which the owner or operator requests any early reduction credits under subparagraph (c)4. of this paragraph shall monitor NOX emissions in accordance with Rule 335-3-8-.12 starting May 1 of the control period prior to the first control period for which such early reduction credits are requested and during each control period for which the early reduction credits are requested. The unit's monitoring system availability shall be not less than 90 percent, and the unit must be in compliance with any applicable State or Federal emissions or emissions-related requirements, during the control period prior to the first control period for which such early reduction credits are requested. Early reduction credits may only be requested for emissions reductions that are not required by Alabama?s State Implementation Plan or the Clean Air Act.

2.NOX emission rate and heat input under subparagraphs (c)3. through 5. of this paragraph shall be determined in accordance with Rule 335-3-8-.12.

3.Each NOX Budget unit for which the owner or operator requests any early reduction credits under subparagraph (c)4. of this paragraph shall reduce its NOX emission rate, for each control period for which early reduction credits are requested, to below the lesser of the NOX emission rate required under 40 CFR 76, including emission averaging under 40 CFR 76.11, or ADEM Admin. Code R. 335-3-8-.03.

4.The NOX authorized account representative of a NOX Budget unit that meets the requirements of subparagraphs (c)1. and 3. of this paragraph may submit to the Department a request for early reduction credits for the unit based on NOX emission rate reductions made by the unit in the control period for 2001, 2002 or 2003 in accordance with subparagraph (c)3. of this paragraph.

(i)Except as provided in subparagraph (c)4.(ii) below, in the early reduction credit request, the NOX authorized account representative may request early reduction credits for such control period in an amount equal to the unit's heat input for such control period multiplied by the difference between 0the following:

(I)The unit's actual average NOX emission rate in the ozone control period prior to the first ozone control period for which early reduction credits are requested; and,

(II)The unit's NOX emission rate for the ozone control period in which the early reductions occurred, divided by 2000 lb/ton, and rounded to the nearest ton.

(ii)In the early reduction credit request for units subject to ADEM Admin. Code R. 335-3-8-.03, the NOX authorized account representative may request early reduction credits for 2003 in an amount equal to the difference between the allowable NOX emission rate per million BTU of heat input and the actual seasonal NOX emission rate multiplied by the total heat input of the subject units in the 2003 ozone control period.

(iii)The early reduction credit request must be submitted, in a format specified by the Department, by October 31 of the year in which the NOX emission rate reductions on which the request is based are made or such later date approved by the Department.

5.The Department will allocate NOX allowances to NOX Budget units meeting the requirements of subparagraphs (c)1. and 3. of this paragraph and covered by early reduction requests meeting the requirements of subparagraph (c)4.(ii) of this paragraph, in accordance with the following procedures:

(i)Upon receipt of each early reduction credit request, the Department will accept the request only if the requirements of subparagraphs (c)1., (c)3., and (c)4.(ii) of this paragraph as well as subparagraphs 335-3-8-.10(7)(b), (c), and (d) are met and, if the request is accepted, will make any necessary adjustments to the request to ensure that the amount of the early reduction credits requested meets the requirements of subparagraphs (c)2. and 4. of this paragraph.

(ii)If the State's compliance supplement pool has an amount of NOX allowances not less than the number of early reduction credits in all accepted early reduction credit requests for 2001 through 2003 (as adjusted under subparagraph (c)5.(i) of this paragraph), the Department will allocate to each NOX Budget unit covered by such accepted requests one allowance for each early reduction credit requested (as adjusted under subparagraph (c)5.(i) of this paragraph).

(iii)If the State's compliance supplement pool has a smaller amount of NOX allowances than the number of early reduction credits in all accepted early reduction credit requests for 2001 through 2003 (as adjusted under subparagraph (c)5.(i) of this paragraph), the Department will allocate NOX allowances to each NOX Budget unit covered by such accepted requests according to the following formula:

Unit's allocated early reduction credits = [(Unit's adjusted early reduction credits)/(Total adjusted early reduction credits requested by all units)] x (Available NOX allowances from the State's compliance supplement pool) where:

"Unit's adjusted early reduction credits" is the number of early reduction credits for the unit for 2001 through 2003 in accepted early reduction credit requests, as adjusted under subparagraph (c)5.(i) of this paragraph.

"Total adjusted early reduction credits requested by all units" is the number of early reduction credits for all units for 2001 through 2003 in accepted early reduction credit requests, as adjusted under subparagraph (c)5.(i) of this paragraph.

"Available NOX allowances from the State's compliance supplement pool" is the number of NOX allowances in the State's compliance supplement pool and available for early reduction credits for 2001 through 2003.

6.By May 1, 2004, the Department will submit to the Administrator the allocations of NOX allowances determined under subparagraph (c)5. of this paragraph. The Administrator will record such allocations to the extent thatthey are consistent with the requirements of subparagraphs (c)1. through 5. of this paragraph.

7.NOX allowances recorded under subparagraph (c)6. of this paragraph may be deducted for compliance under paragraph (5) of this Rule for the control periods in 2004 or 2005. Notwithstanding subparagraph (a) of this paragraph, the Administrator will deduct as retired any NOX allowance that is recorded under subparagraph (c)6. of this paragraph and is not deducted for compliance in accordance with paragraph (5) of this Rule for the control period in 2004 or 2005.

8.NOX allowances recorded under subparagraph (c)6. of this paragraph are treated as banked allowances in 2005 for the purposes of subparagraphs (a) and (b) of this paragraph.

(7)Compliance Supplement Pool. The total number of allowances under the Compliance Supplement Pool will be determined upon promulgation of EPA's Phase II rules. The Department may issue the compliance supplement pool to NOX Budget units that implement emissions reductions during the ozone season beyond all applicable requirements in years prior to 2004 according to the following provisions:

(a)The Department shall complete the issuance process by no later than May 31, 2004.

(b)The emissions reduction may not be required by the Alabama SIP or be otherwise required by the CAA.

(c)The emissions reduction must be verified by the source as actually having occurred from May 1 through and including September 30 in any year in 2001 through 2003.

(d)Emissions reductions implemented by sources serving electric generators with a nameplate capacity greater than 25 MWe, or boilers, combustion turbines or combined cycle units with a maximum design heat input greater than 250 mmBTU/hr, must be quantified in accordance with Rule 335-3-8-.12.

(e)The compliance supplement pool credits shall be available for the control periods of 2004 and 2005.

(f)Sources that receive credit according to the provisions of this Rule, may trade the credit to other sources or persons in a NOX Budget Trading Program established, and approved by the Administrator pursuant to 40 CFR, &#167;51.121, or the Federal NOX Budget Trading Program promulgated under 40 CFR 97, pursuant to 40 CFR &#167;52.34.

(g)Notwithstanding other provisions regarding the distribution of allowances from the compliance supplement pool, operators of NOx Budget sources may receive allowances from the compliance supplement pool only to the extent that the total number of allowances issued to such operators does not exceed 40% of the total number of NOx allowances issued to that operator from the initial allowance allocation of all sources controlled by that operator.

(8)Account error. The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any NOX Allowance Tracking System account. Within 10 business days of making such correction, the Administrator will notify the NOX authorized account representative for the account.

(9)Closing of general accounts.

(a)The NOX authorized account representative of a general account may instruct the Administrator to close the account by submitting a statement requesting deletion of the account from the NOX Allowance Tracking System and by correctly submitting for recordation under Rule 335-3-8-.11(1) an allowance transfer of all NOX allowances in the account to one or more other NOX Allowance Tracking System accounts.

(b)If a general account shows no activity for a period of a year or more and does not contain any NOX allowances, the Administrator may notify the NOX authorized account representative for the account that the account will be closed and deleted from the NOX Allowance Tracking System following 20 business days after the notice is sent. The account will be closed after the 20-day period unless before the end of the 20-day period the Administrator receives a correctly submitted transfer of NOX allowances into the account under Rule 335-3-8-.11(1) or a statement submitted by the NOX authorized account representative demonstrating to the satisfaction of the Administrator good cause as to why the account should not be closed.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-8,22-28-10, 22-28-11, 22-28-14, 22-28-18, 22-28-20, 22-28-22.

History: New Rule: Filed March 2, 2001; effective April 6, 2001. Amended: Filed August 29, 2002; effective October 3, 2002. Amended: Filed February 27, 2003; effective April 3, 2003.

(1)Submission of NOX allowance transfers. The NOX authorized account representative seeking recordation of a NOX allowance transfer shall submit the transfer to the Administrator. To be considered correctly submitted, the NOX allowance transfer shall include the following elements in a format specified by the Administrator:

(a)The numbers identifying both the transferor and transferee accounts;

(b)A specification by serial number of each NOX allowance to be transferred; and

(c)The printed name and signature of the NOX authorized account representative of the transferor account and the date signed.

(2)EPA recordation.

(a)Within 5 business days of receiving a NOX allowance transfer, except as provided in subparagraph (b) of this paragraph, the Administrator will record a NOX allowance transfer by moving each NOX allowance from the transferor account to the transferee account as specified by the request, provided that:

1.The transfer is correctly submitted under paragraph (1) of this Rule;

2.The transferor account includes each NOX allowance identified by serial number in the transfer; and

3.The transfer meets all other requirements of this Rule.

(b)A NOX allowance transfer that is submitted for recordation following the NOX allowance transfer deadline and that includes any NOX allowances allocated for a control period prior to or the same as the control period to which the NOX allowance transfer deadline applies will not be recorded until after completion of the process of recordation of NOX allowance allocations in Rule 335-3-8-.10(4)(b).

(c)Where a NOX allowance transfer submitted for recordation fails to meet the requirements of subparagraph (a) of this paragraph, the Administrator will not record such transfer.

(3)Notification.

(a)Notification of recordation. Within 5 business days of recordation of a NOX allowance transfer under Rule 335-3-8-.11(2), the Administrator will notify each party to the transfer. Notice will be given to the NOX authorized account representatives of both the transferor and transferee accounts.

(b)Notification of non-recordation. Within 10 business days of receipt of a NOX allowance transfer that fails to meet the requirements of Rule 335-3-8-.11(2)(a), the Administrator will notify the NOX authorized account representatives of both accounts subject to the transfer of:

1.A decision not to record the transfer, and,

2.The reasons for such non-recordation.

(c)Nothing in this Rule shall preclude the submission of a NOX allowance transfer for recordation following notification of non-recordation.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, and 22-22A-8,22-28-10, 22-28-11, 22-28-14, 22-28-18, 22-28-20, 22-28-22.

History: New Rule: Filed March 2, 2001; effective April 6, 2001.

(1)General requirements. The owners and operators, and to the extent applicable, the NOX authorized account representative of a NOX Budget unit, shall comply with the monitoring and reporting requirements as provided in this Rule and in 40 CFR 75, Subpart H. For purposes of complying with such requirements, the definitions in Rule 335-3-8-.05(2) and in 40 CFR, &#167;72.2 shall apply, and the terms "affected unit", "designated representative", and "continuous emission monitoring system" (or "CEMS") in 40 CFR 75 shall be replaced by the terms "NOX Budget unit", "NOX authorized account representative", and "continuous emission monitoring system" (or "CEMS"), respectively, as defined in Rule 335-3-8-.05(2).

(a)Requirements for installation, certification, and data accounting. The owner or operator of each NOX Budget unit must meet the following requirements. These provisions also apply to a unit for which an application for a NOX Budget opt-in permit is submitted and not denied or withdrawn, as provided in Rule 335-3-8-.13:

1.Install all monitoring systems required under this Rule for monitoring NOX mass. This includes all systems required to monitor NOX emission rate, NOX concentration, heat input, and flow, in accordance with 40 CFR, &#167;&#167;75.72 and 75.75.

2.Install all monitoring systems for monitoring heat input, if required under paragraph (7) of this Rule for developing NOX allowance allocations.

3.Successfully complete all certification tests required under paragraph (2) of this Rule and meet all other provisions of this Rule and 40 CFR 75 applicable to the monitoring systems under subparagraphs (a)1. and 2. of this paragraph.

4.Record, and report data from the monitoring systems under subparagraphs (a)1. and 2. of this paragraph.

(b)Compliance dates. The owner or operator must meet the requirements of subparagraphs (a)1. through (a)3. of this paragraph on or before the following dates and must record and report data on and after the following dates:

1.NOX Budget units for which the owner or operator intends to apply for early reduction credits under Rule 335-3-8-.10(6)(c), must comply with the requirements of this Rule by May 1 of the control period prior to the control period for which such early reduction credits are requested.

2.Except for NOX Budget units under subparagraph (b)1. above, NOX Budget units under Rule 335-3-8-.05(4) that commence operation before January 1, 2002, must comply with the requirements of this Rule by May 1, 2003.

3.NOX Budget units under Rule 335-3-8-.05(4) that commence operation on or after January 1, 2002 and that report on an annual basis under subparagraph (5)(b) of this Rule must comply with the requirements of this Rule by the later of the following dates:

(i)May 1, 2003; or

(ii)The earlier of:

(I)180 calendar days after the date on which the unit commences operation or,

(II)For units under Rule 335-3-8-.05(4)(a)1., 90 unit operating days after the date on which the unit commences commercial operation.

4.NOX Budget units under Rule 335-3-8-.05(4) that commence operation on or after January 1, 2002 and that report on a control season basis under subparagraph (5)(b) of this Rule must comply with the requirements of this Rule by the later of the following dates:

(i)The earlier of:

(I)180 calendar days after the date on which the unit commences operation or,

(II)For units under Rule 335-3-8-.05(4)(a)1., 90 unit operating days after the date on which the unit commences commercial operation.

(ii)However, if the applicable deadline under subparagraph (b)4.(i) of this paragraph does not occur during a control period, May 1 immediately following the date determined in accordance with subparagraph (b)4.(i) of this paragraph.

5.For a NOX Budget unit with a new stack or flue for which construction is completed after the applicable deadline under subparagraphs (b)1., (b)2. or (b)3. of this paragraph or Rule 335-3-8-.13:

(i)90 days after the date on which emissions first exit to the atmosphere through the new stack or flue;

(ii)However, if the unit reports on a control season basis under subparagraph (5)(d) of this Rule and the applicable deadline under subparagraph (b)5.(i) of this paragraph does not occur during the control period, May 1 immediately following the applicable deadline in subparagraph (b)5.(i) of this paragraph.

6.For a unit for which an application for a NOX Budget opt-in permit is submitted and not denied or withdrawn, the compliance dates specified under Rule 335-3-8-.13.

(c)Reporting data prior to initial certification.

1.The owner or operator of a NOX Budget unit that misses the certification deadline under subparagraph (b)1. is not eligible to apply for early reduction credits. The owner or operator of the unit becomes subject to the certification deadline under subparagraph (b)2. of this paragraph.

2.The owner or operator of a NOX Budget unit under subparagraphs (b)3. or (b)4. of this paragraph must determine, record and report NOX mass, heat input rate (if required for purposes of allocations) and any other values required to determine NOX mass emissions (e.g. NOX emission rate and heat input or NOX concentration and stack flow) using the provisions of 40 CFR, &#167;75.70(g), from the date and hour that the unit starts operating until the date and hour on which the continuous emission monitoring system, excepted monitoring system under Appendix D or E of Part 75, or excepted monitoring methodology under &#167;75.19 is provisionally certified.

(d)Prohibitions.

1.No owner or operator of a NOX Budget unit or a non-NOX Budget unit monitored under 40 CFR, &#167;75.72(b)(2)(ii) shall use any alternative monitoring system, alternative reference method, or any other alternative for the required continuous emission monitoring system without having obtained prior written approval in accordance with paragraph (6) of this Rule.

2.No owner or operator of a NOX Budget unit or a non-NOX Budget unit monitored under 40 CFR, &#167;75.72(b)(2)(ii) shall operate the unit so as to discharge, or allow to be discharged, NOX emissions to the atmosphere without accounting for all such emissions in accordance with the applicable provisions of this Rule and 40 CFR 75, except as provided for in &#167;75.74.

3.No owner or operator of a NOX Budget unit or a non-NOX Budget unit monitored under 40 CFR, &#167;75.72(b)(2)(ii) shall disrupt the continuous emission monitoring system, any portion thereof, or any other approved emission monitoring method, and thereby avoid monitoring and recording NOX mass emissions discharged into the atmosphere, except for periods of recertification or periods when calibration, quality assurance testing, or maintenance is performed in accordance with the applicable provisions of this Rule and 40 CFR 75 except as provided for in &#167;75.74.

4.No owner or operator of a NOX Budget unit or a non-NOX Budget unit monitored under 40 CFR, &#167;75.72(b)(2)(ii) shall retire or permanently discontinue use of the continuous emission monitoring system, any component thereof, or any other approved emission monitoring system under this Rule, except under any one of the following circumstances:

(i)During the period that the unit is covered by a retired unit exemption under Rule 335-3-8-.05(5) that is in effect;

(ii)The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this Rule and 40 CFR 75, by the Department for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system; or

(iii)The NOX authorized account representative submits notification of the date of certification testing of a replacement monitoring system in accordance with subparagraph (2)(b)2. below.

(2)Initial certification and recertification procedures.

(a)The owner or operator of a NOX Budget unit that is subject to an Acid Rain emissions limitation shall comply with the initial certification and recertification procedures of 40 CFR 75, except that:

1.If, prior to January 1, 1998, the Administrator approved a petition under 40 CFR, &#167;75.17(a) or (b) for apportioning the NOX emission rate measured in a common stack or a petition under 40 CFR, &#167;75.66 for an alternative to a requirement in 40 CFR, &#167;75.17, the NOX authorized account representative shall resubmit the petition to the Administrator under subparagraph (6)(a) of this Rule to determine if the approval applies under the NOX Budget Trading Program.

2.For any additional CEMS required under the common stack provisions in 40 CFR, &#167;75.72, or for any NOX concentration CEMS used under the provisions of 40 CFR, &#167;75.71(a)(2), the owner or operator shall meet the requirements of subparagraph (b) of this paragraph.

(b)The owner or operator of a NOX Budget unit that is not subject to an Acid Rain emissions limitation shall comply with the following initial certification and recertification procedures, except that the owner or operator of a unit that qualifies to use the low mass emissions excepted monitoring methodology under 40 CFR, &#167;75.19 shall also meet the requirements of subparagraph (c) of this paragraph and the owner or operator of a unit that qualifies to use an alternative monitoring system under Subpart E of 40 CFR 75 shall also meet the requirements of subparagraph (d) of this paragraph. The owner or operator of a NOX Budget unit that is subject to an Acid Rain emissions limitation, but requires additional CEMS under the common stack provisions in 40 CFR, &#167;75.72, or that uses a NOX concentration CEMS under 40 CFR, &#167;75.71(a)(2) also shall comply with the following initial certification and recertification procedures.

1.Requirements for initial certification. The owner or operator shall ensure that each monitoring system required by 40 CFR 75, Subpart H (which includes the automated data acquisition and handling system) successfully completes all of the initial certification testing required under 40 CFR, &#167;75.20. The owner or operator shall ensure that all applicable certification tests are successfully completed by the deadlines specified in subparagraph (1)(b) of this Rule. In addition, whenever the owner or operator installs a monitoring system in order to meet the requirements of this part in a location where no such monitoring system was previously installed, initial certification according to 40 CFR, &#167;75.20 is required.

2.Requirements for recertification. Whenever the owner or operator makes a replacement, modification, or change in a certified monitoring system that the Administrator or the Department determines significantly affects the ability of the system to accurately measure or record NOX mass emissions or heat input rate or to meet the requirements of 40 CFR, &#167;75.21 or 40 CFR 75, Appendix B, the owner or operator shall recertify the monitoring system according to 40 CFR, &#167;75.20(b). Furthermore, whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit's operation that the Administrator or the Department determines to significantly change the stack flow or concentration profile, the owner or operator shall recertify the continuous emissions monitoring system according to 40 CFR, &#167;75.20(b). Examples of changes which require recertification include: replacement of the analyzer, complete replacement of an existing continuous emission monitoring system, or change in location or orientation of the sampling probe or site.

3.Certification approval process for initial certifications and recertification.

(i)Notification of certification. The NOX authorized account representative shall submit to the Department, and the appropriate EPA Regional Office, a written notice of the dates of certification in accordance with paragraph (4) of this Rule.

(ii)Certification application. The NOX authorized account representative shall submit to the Department a certification application for each monitoring system required under 40 CFR 75, Subpart H. A complete certification application shall include the information specified in 40 CFR 75, Subpart H.

(iii)Except for units using the low mass emission excepted methodology under 40 CFR, &#167;75.19, the provisional certification date for a monitor shall be determined using the procedures set forth in 40 CFR, &#167;75.20(a)(3). A provisionally certified monitor may be used under the NOX Budget Trading Program for a period not to exceed 120 days after receipt by the Department of the complete certification application for the monitoring system or component thereof under subparagraph (b)3.(ii) of this paragraph. Data measured and recorded by the provisionally certified monitoring system or component thereof, in accordance with the requirements of 40 CFR 75, will be considered valid quality-assured data (retroactive to the date and time of provisional certification), provided that the Department does not invalidate the provisional certification by issuing a notice of disapproval within 120 days of receipt of the complete certification application by the Department.

(iv)Certification application formal approval process. The Department will issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under subparagraph (b)3.(ii) of this paragraph. In the event the Department does not issue such a notice within such 120-day period, each monitoring system which meets the applicable performance requirements of 40 CFR 75 and is included in the certification application will be deemed certified for use under the NOX Budget Trading Program.

(I)Approval notice. If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of 40 CFR 75, then the Department will issue a written notice of approval of the certification application within 120 days of receipt.

(II)Incomplete application notice. A certification application will be considered complete when all of the applicable information required to be submitted under subparagraph (b)3.(ii) of this paragraph has been received by the Department. If the certification application is not complete, then the Department will issue a written notice of incompleteness that sets a reasonable date by which the NOX authorized account representative must submit the additional information required to complete the certification application. If the NOX authorized account representative does not comply with the notice of incompleteness by the specified date, then the Department may issue a notice of disapproval under subparagraph (b)3.(iv)(III) of this paragraph.

(III)Disapproval notice. If the certification application shows that any monitoring system or component thereof does not meet the performance requirements of this part, or if the certification application is incomplete and the requirement for disapproval under subparagraph (b)3.(iv)(II) of this paragraph has been met, the Department will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the Department and the data measured and recorded by each uncertified monitoring system or component thereof shall not be considered valid quality-assured data beginning with the date and hour of provisional certification. The owner or operator shall follow the procedures for loss of certification in subparagraph (b)3.(v) of this paragraph for each monitoring system or component thereof which is disapproved for initial certification.

(IV)Audit decertification. The Department may issue a notice of disapproval of the certification status of a monitor in accordance with subparagraph (3)(b) of this Rule.

(v)Procedures for loss of certification. If the Department issues a notice of disapproval of a certification application under subparagraph(b)3.(iv)(III) of this paragraph or a notice of disapproval of certification status under subparagraph (b)3.(iv)(IV) of this paragraph, then:

(I)The owner or operator shall substitute the following values, for each hour of unit operation during the period of invalid data specified under &#167;75.20(a)(4)(iii), &#167;75.20(b)(5), &#167;75.20(h)(4), or &#167;75.21(e) and continuing until the time, date, and hour specified under 40 CFR 75.20(a)(5)(i):

I.For units that the owner or operator intends to monitor or monitors for NOX emission rate and heat input rate or intends to determine or determines NOX mass emissions using the low mass emission excepted methodology under 40 CFR, &#167;75.19, the maximum potential NOX emission rate and the maximum potential hourly heat input of the unit;

II.For units that the owner or operator intends to monitor or monitors for NOX mass emissions using a NOX pollutant concentration monitor and a flow monitor, the maximum potential concentration of NOX and the maximum potential flow rate of the unit under Section 2.1 of Appendix A of 40 CFR 75;

(II)The NOX authorized account representative shall submit a notification of certification retest dates and a new certification application in accordance with subparagraphs (b)3.(i) and (ii) of this paragraph; and

(III)The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the Department's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.

(c)Initial certification and recertification procedures for low mass emission units using the excepted methodologies under 40 CFR, &#167;75.19. The owner or operator of a gas-fired or oil-fired unit using the low mass emissions excepted methodology under 40 CFR, &#167;75.19 and not subject to an Acid Rain emissions limitation shall meet the applicable general operating requirements of 40 CFR, &#167;75.10, and the applicable requirements of 40 CFR, &#167;75.19. The owner or operator of such a unit shall also meet the applicable certification and recertification procedures of subparagraph (b) of this Rule, except that the excepted methodology shall be deemed provisionally certified for use under the NOX Budget Trading Program as of the following dates:

1.For a unit that does not have monitoring equipment initially certified or recertified for the NOX Budget Trading Program as of the date on which the NOX authorized account representative submits the certification application under &#167;75.19 for the unit, starting on the date of such submission until the completion of the period for the Department's review.

2.For a unit that has monitoring equipment initially certified or recertified for the NOX Budget Trading Program as of the date on which the NOX authorized account representative submits the certification application under &#167;75.19 for the unit, and that reports data on an annual basis under Rule 335-3-8-.12(5)(d), starting January 1 of the year after the year of such submission until the completion of the period for the Department's review.

3.For a unit that has monitoring equipment initially certified or recertified for the NOX Budget Trading Program as of the date on which the NOX authorized account representative submits the certification application under &#167;75.19 for the unit, and that reports data on a control season basis under Rule 335-3-8-.12(5)(d), starting May 1 of the control period after the year of such submission until the completion of the period for the Department's review.

(d)Certification/recertification procedures for alternative monitoring systems. The NOX authorized account representative representing the owner or operator of each unit applying to monitor using an alternative monitoring system approved by the Administrator and, if applicable, the Department under 40 CFR 75, Subpart E shall apply for certification to the Department prior to use of the system under the NOX Trading Program. The NOX authorized account representative shall apply for recertification following a replacement, modification or change according to the procedures in subparagraph (b) of this paragraph. The owner or operator of an alternative monitoring system shall comply with the notification and application requirements for certification according to the procedures specified in subparagraph (b)3. of this paragraph and 40 CFR, &#167;75.20(f).

(3)Out of control periods.

(a)Whenever any monitoring system fails to meet the quality assurance requirements of 40 CFR 75, Appendix B, data shall be substituted using the applicable procedures in Subpart D, Appendix D, or Appendix E of 40 CFR 75.

(b)Audit decertification. Whenever both an audit of a monitoring system and a review of the initial certification or recertification application reveal that any system or component should not have been certified or recertified because it did not meet a particular performance specification or other requirement under paragraph (2) of this Rule or the applicable provisions 40 CFR 75, both at the time of the initial certification or recertification application submission and at the time of the audit, the Department will issue a notice of disapproval of the certification status of such system or component. For the purposes of this subparagraph, an audit shall be either a field audit or an audit of any information submitted to the Department or the Administrator. By issuing the notice of disapproval, the Department revokes prospectively the certification status of the system or component. The data measured and recorded by the system or component shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests. The owner or operator shall follow the initial certification or recertification procedures in paragraph (2) of this Rule for each disapproved system.

(4)Notifications. The NOX authorized account representative for a NOX Budget unit shall submit written notice to the Department and the Administrator in accordance with 40 CFR, &#167;75.61, except that if the unit is not subject to an Acid Rain emissions limitation, the notification is only required to be sent to the Department.

(5)Recordkeeping and reporting.

(a)General provisions.

1.The NOX authorized account representative shall comply with all recordkeeping and reporting requirements in this paragraph and with the requirements of Rule 335-3-8-.06(1)(e).

2.If the NOX authorized account representative for a NOX Budget unit subject to an Acid Rain Emission limitation who signed and certified any submission that is made under Subpart F or G of 40 CFR 75 and which includes data and information required under this Rule or 40 CFR 75, Subpart H is not the same person as the designated representative or the alternative designated representative for the unit under 40 CFR 72, the submission must also be signed by the designated representative or the alternative designated representative.

(b)Monitoring plans.

1.The owner or operator of a unit subject to an Acid Rain emissions limitation shall comply with requirements of 40 CFR, &#167;75.62, except that the monitoring plan shall also include all of the information required by 40 CFR 75, Subpart H.

2.The owner or operator of a unit that is not subject to an Acid Rain emissions limitation shall comply with requirements of 40 CFR, &#167;75.62, except that the monitoring plan is only required to include the information required by 40 CFR 75, Subpart H.

(c)Certification applications. The NOX authorized account representative shall submit an application to the Department within 45 days after completing all initial certification or recertification tests required under paragraph (2) of this Rule including the information required under 40 CFR 75, Subpart H.

(d)Quarterly reports. The NOX authorized account representative shall submit quarterly reports, as follows:

1.If a unit is subject to an Acid Rain emission limitation or if the owner or operator of the NOX budget unit chooses to meet the annual reporting requirements of this Rule, the NOX authorized account representative shall submit a quarterly report for each calendar quarter beginning with:

(i)For units that elect to comply with the early reduction credit provisions under Rule 335-3-8-.10(6)(c), the calendar quarter that includes the date of initial provisional certification under subparagraphs (2)(b)3.(iii) or (2)(c) of this Rule. Data should be recorded and reported from the date and hour corresponding to the date and hour of provisional certification;

(ii)For units commencing operation prior to May 1, 2002 that are not required to certify monitors by the date under subparagraph (1)(b)1. of this Rule, the earlier of the calendar quarter that includes the date of initial provisional certification under subparagraph (2)(b)3.(iii) or (2)(c) of this Rule or, if the certification tests are not completed by May 1, 2003, the partial calendar quarter from May 1, 2003 through June 30, 2003. Data shall be recorded and reported from the earlier of the date and hour corresponding to the date and hour of provisional certification or the first hour on May 1, 2003; or

(iii)For a unit that commences operation on or after May 1, 2002, the calendar quarter in which the unit commences operation, data shall be reported from the date and hour corresponding to when the unit commenced operation.

2.If a NOX budget unit is not subject to an Acid Rain emission limitation, then the NOX authorized account representative shall either:

(i)Meet all of the requirements of 40 CFR 75 related to monitoring and reporting NOX mass emissions during the entire year and meet the reporting deadlines specified in subparagraph (d)1. of this paragraph; or

(ii)Submit quarterly reports only for the periods from the earlier of May 1 or the date and hour that the owner or operator successfully completes all of the recertification tests required under 40 CFR, &#167;75.74(d)(3) through September 30 of each year in accordance with the provisions of 40 CFR, &#167;75.74(c)(6). The NOX authorized account representative shall submit a quarterly report for each calendar quarter, beginning with:

(I)For units that elect to comply with the early reduction credit provisions under Rule 335-3-8-.10(6)(c), the calendar quarter that includes the date of initial provisional certification under subparagraphs (2)(b)3.(iii) or (2)(c) of this Rule. Data should be recorded and reported from the date and hour corresponding to the date and hour of provisional certification;

(II)For units commencing operation prior to May 1, 2002 that are not required to certify monitors by the date under subparagraph (1)(b)1. of this Rule, the earlier of the calendar quarter that includes the date of initial provisional certification under subparagraph (2)(b)3.(iii) or (2)(c) of this Rule, or if the certification tests are not completed by May 1, 2003, the partial calendar quarter from May 1, 2003 through June 30, 2003. Data shall be reported from the earlier of the date and hour corresponding to the date and hour of provisional certification or the first hour of May 1, 2003; or

(III)For units that commence operation on or after May 1, 2002 during the control period, the calendar quarter in which the unit commences operation. Data shall be reported from the date and hour corresponding to when the unit commenced operation; or

(IV)For units that commence operation on or after May 1, 2002 and before May 1 of the year in which the unit commences operation, the earlier of the calendar quarter that includes the date of initial provisional certification under subparagraph (2)(b)3.(iii) or (2)(c) of this Rule or, if the certification tests are not completed by May 1 of the year in which the unit commences operation, May 1 of the year in which the unit commences operation. Data shall be reported from the earlier of the date and hour corresponding to the date and hour of provisional certification or the first hour of May 1 of the year after the unit commences operation.

(V)For units that commence operation on or after May 1, 2002 and after September 30 of the year in which the unit commences operation, the earlier of the calendar quarter that includes the date of initial provisional certification under subparagraph (2)(b)3.(iii) or (2)(c) of this Rule or, if the certification tests are not completed by May 1 of the year after the unit commences operation, May 1 of the year after the unit commences operation. Data shall be reported from the earlier of the date and hour corresponding to the date and hour of provisional certification or the first hour of May 1 of the year after the unit commences operation.

3.The NOX authorized account representative shall submit each quarterly report to the Administrator within 30 days following the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in 40 CFR 75 and 40 CFR, &#167;75.64.

(i)For units subject to an Acid Rain Emissions limitation, quarterly reports shall include all of the data and information required in 40 CFR 75, Subpart H for each NOX Budget unit (or group of units using a common stack) as well as information required in 40 CFR 75, Subpart G.

(ii)For units not subject to an Acid Rain Emissions limitation, quarterly reports are only required to include all of the data and information required in 40 CFR 75, Subpart H for each NOX Budget unit (or group of units using a common stack).

4.Compliance certification. The NOX authorized account representative shall submit to the Administrator a compliance certification in support of each quarterly report based on reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit's emissions are correctly and fully monitored. The certification shall state that:

(i)The monitoring data submitted were recorded in accordance with the applicable requirements of this Rule and 40 CFR 75, including the quality assurance procedures and specifications; and

(ii)For a unit with add-on NOX emission controls and for all hours where data are substituted in accordance with 40 CFR, &#167;75.34(a)(1), the add-on emission controls were operating within the range of parameters listed in the monitoring plan and the substitute values do not systematically underestimate NOX emissions; and

(iii)For a unit that is reporting on a control period basis under subparagraph (d) of this paragraph, the NOX emission rate and NOX concentration values substituted for missing data under 40 CFR 75, Subpart D are calculated using only values from a control period and do not systematically underestimate NOX emissions.

(6)Petitions.

(a)The NOX authorized account representative of a NOX Budget unit that is subject to an Acid Rain emissions limitation may submit a petition under 40 CFR, &#167;75.66 to the Administrator requesting approval to apply an alternative to any requirement of this Rule.

1.Application of an alternative to any requirement of this Rule is in accordance with this Rule only to the extent that the petition is approved by the Administrator, in consultation with the Department.

2.Notwithstanding subparagraph (a)1. of this paragraph, if the petition requests approval to apply an alternative to a requirement concerning any additional CEMS required under the common stack provisions of 40 CFR, &#167;75.72, the petition is governed by subparagraph (b) of this paragraph.

(b)The NOX authorized account representative of a NOX Budget unit that is not subject to an Acid Rain emissions limitation may submit a petition under 40 CFR, &#167;75.66 to the Department and the Administrator requesting approval to apply an alternative to any requirement of this Rule.

1.The NOX authorized account representative of a NOX Budget unit that is subject to an Acid Rain emissions limitation may submit a petition under 40 CFR, &#167;75.66 to the Department and the Administrator requesting approval to apply an alternative to a requirement concerning any additional CEMS required under the common stack provisions of 40 CFR, &#167;75.72 or a NOX concentration CEMS used under 40 CFR, &#167;75.71(a)(2).

2.Application of an alternative to any requirement of this Rule is in accordance with this Rule only to the extent the petition under subparagraph (b) of this paragraph is approved by both the Department and the Administrator.

(7)Additional requirements to provide heat input data for allocations purposes.

(a)The owner or operator of a unit that elects to monitor and report NOX mass emissions using a NOX concentration system and a flow system shall also monitor and report heat input at the unit level using the procedures set forth in 40 CFR 75.

(b)The owner or operator of a unit that elects to monitor and report NOX mass emissions using a NOX concentration system and a flow system shall also monitor and report heat input at the unit level using the procedures set forth in 40 CFR 75 for any source that is applying for early reduction credits under Rule 335-3-8-.10(6).

(8)Alabama emission reporting requirements for NOX Budget Units.

(a)The owner or operator of a NOX budget unit under Rule 335-3-8-.05(4) shall submit NOX ozone season emissions data as follows:

1.Annual reporting. For each NOX budget unit, beginning with emission year 2004 and every year thereafter, by March 31st of the calendar year following the emission year being reported, the data specified in 40 CFR, &#167;&#167;51.122(c)(1) and (2) must be submitted to the Department.

2.Triennial reporting. For each NOX budget unit, beginning with emission year 2005 and every third year thereafter, by March 31st of the calendar year following the emission year being reported, the data specified in 40 CFR, &#167;51.122(c)(3) must be submitted to the Department.

3.Year 2003 reporting. For each NOX budget unit, by March 31, 2004, the data specified in 40 CFR, &#167;51.122(c)(3) must be submitted to the Department.

4.Year 2007 reporting. For each NOX budget unit, by March 31, 2008, the data specified in 40 CFR, &#167;51.122(c)(3) must be submitted to the Department.

(b)The data required under subparagraph (a) of this paragraph shall be submitted electronically to the Department in a format prescribed and provided by the Department.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-8, 22-28-14, 22-28-19, 22-28-20.

History: New Rule: Filed March 2, 2001; effective April 6, 2001. Amended: Filed February 27, 2003; effective April 3, 2003.

(1)Applicability. A unit that is in the Counties of Autauga, Bibb, Blount, Calhoun, Chambers, Cherokee, Chilton, Clay, Cleburne, Colbert, Coosa, Cullman, Dallas, Dekalb, Elmore, Etowah, Fayette, Franklin, Greene, Hale, Jackson, Jefferson, Lamar, Lauderdale, Lawrence, Lee, Limestone, Macon, Madison, Marion, Marshall, Morgan, Perry, Pickens, Randolph, Russell, Shelby, St. Clair, Sumter, Talladega, Tallapoosa, Tuscaloosa, Walker, and Winston, is not a NOX Budget unit under Rule 335-3-8-.05(4)(a), vents all of its emissions to a stack, and is operating, may qualify, under this Rule, to become a NOX Budget opt-in source. A unit that is a NOX Budget unit, is covered by a retired unit exemption under Rule 335-3-8-.05(5) that is in effect, or is not operating is not eligible to become a NOX Budget opt-in source.

(2)General. Except otherwise as provided in this Rule, a NOX Budget opt-in source shall be treated as a NOX Budget unit for purposes of applying Rules 335-3-8-.05 through 335-3-8-.08 and 335-3-8-.10 through 335-3-8-.13.

(3)NOX authorized account representative. A unit for which an application for a NOX Budget opt-in permit is submitted and not denied or withdrawn, or a NOX Budget opt-in source, located at the same source as one or more NOX Budget units, shall have the same NOX authorized account representative as such NOX Budget units.

(4)Applying for NOX Budget opt-in permit.

(a)Applying for initial NOX Budget opt-in permit. In order to apply for an initial NOX Budget opt-in permit, the NOX authorized account representative of a unit qualified under paragraph (1) of this Rule may submit to the Department at any time, except as provided under paragraph (7)(g) of this Rule:

1.A complete NOX Budget permit application under Rule 335-3-8-.07(3);

2.A monitoring plan submitted in accordance with Rule 335-3-8-.12; and

3.A complete account certificate of representation under Rule 335-3-8-.06(4), if no NOX authorized account representative has been previously designated for the unit.

(b)Duty to reapply. The NOX authorized account representative of a NOX Budget opt-in source shall submit a complete NOX Budget permit application under Rule 335-3-8-.07(3) to renew the NOX Budget opt-in permit in accordance with Rule 335-3-8-.07(2)(d) and, if applicable, an updated monitoring plan in accordance with Rule 335-3-8-.12.

(5)Opt-in process. The Department will issue or deny a NOX Budget opt-in permit for a unit for which an initial application for a NOX Budget opt-in permit under paragraph (4) above is submitted, in accordance with Rule 335-3-8-.07(1) and the following:

(a)Interim review of monitoring plan. The Department will determine, on an interim basis, the sufficiency of the monitoring plan accompanying the initial application for a NOX Budget opt-in permit under paragraph (4) above. A monitoring plan is sufficient, for purposes of interim review, if the plan appears to contain information demonstrating that the NOX emissions rate and heat input of the unit are monitored and reported in accordance with Rule 335-3-8-.12. A determination of sufficiency shall not be construed as acceptance or approval of the unit's monitoring plan.

(b)If the Department determines that the unit's monitoring plan is sufficient under subparagraph (a) of this paragraph and after completion of monitoring system certification under Rule 335-3-8-.12, the NOX emissions rate and the heat input of the unit shall be monitored and reported in accordance with Rule 335-3-8-.12 for one full control period during which monitoring system availability is not less than 90 percent and during which the unit is in full compliance with any applicable State or Federal emissions or emissions-related requirements. Solely for purposes of applying the requirements in the prior sentence, the unit shall be treated as a "NOX Budget unit" prior to issuance of a NOX Budget opt-in permit covering the unit.

(c)Based on the information monitored and reported under subparagraph (b) of this paragraph above, the unit's baseline heat rate shall be calculated as the unit's total heat input (in mmBtu) for the control period and the unit's baseline NOX emissions rate shall be calculated as the unit's total NOX emissions (in lb) for the control period divided by the unit's baseline heat rate.

(d)After calculating the baseline heat input and the baseline NOX emissions rate for the unit under subparagraph (c) of this paragraph, the Department will serve a draft NOX Budget opt-in permit on the NOX authorized account representative of the unit.

(e)Confirmation of intention to opt-in. Within 20 days after the issuance of the draft NOX Budget opt-in permit, the NOX authorized account representative of the unit must submit to the Department a confirmation of the intention to opt-in the unit or a withdrawal of the application for a NOX Budget opt-in permit under paragraph (4) above. The Department will treat the failure to make a timely submission as a withdrawal of the NOX Budget opt-in permit application.

(f)Issuance of draft NOX Budget opt-in permit. If the NOX authorized account representative confirms the intention to opt-in the unit under subparagraph (e) of this paragraph, the Department will issue the draft NOX Budget opt-in permit in accordance with Rule 335-3-8-.07(1).

(g)Notwithstanding subparagraphs (a) through (f) of this paragraph, if at any time before issuance of a draft NOX Budget opt-in permit for the unit, the Department determines that the unit does not qualify as a NOX Budget opt-in source under paragraph (1) of this Rule, the Department will issue a draft denial of a NOX Budget opt-in permit for the unit in accordance with Rule 335-3-8-.07(1).

(h)Withdrawal of application for NOX Budget opt-in permit. A NOX authorized account representative of a unit may withdraw its application for a NOX Budget opt-in permit under paragraph (4) of this Rule at any time prior to the issuance of the final NOX Budget opt-in permit. Once the application for a NOX Budget opt-in permit is withdrawn, a NOX authorized account representative wanting to reapply must submit a new application for a NOX Budget permit under paragraph (4) of this Rule.

(i)Effective date. The effective date of the initial NOX Budget opt-in permit shall be May 1, with the exception of the year 2004 in which case the date would be May 31, of the first control period starting after the issuance of the initial NOX Budget opt-in permit by the Department. The unit shall be a NOX Budget opt-in source and a NOX Budget unit as of the effective date of the initial NOX Budget opt-in permit.

(6)NOX Budget opt-in permit contents.

(a)Each NOX Budget opt-in permit (including any draft or proposed NOX Budget opt-in permit, if applicable) will contain all elements required for a complete NOX Budget opt-in permit application under Rule 335-3-8-.07(3).

(b)Each NOX Budget opt-in permit is deemed to incorporate automatically the definitions of terms under Rule 335-3-8-.05(2) and, upon recordation by the Administrator under Rules 335-3-8-.10, 335-3-8-.11, or 335-3-8-.13, every allocation, transfer, or deduction of NOX allowances to or from the compliance accounts of each NOX Budget opt-in source covered by the NOX Budget opt-in permit or the overdraft account of the NOX Budget source where the NOX Budget opt-in source is located.

(7)Withdrawal from NOX Budget Trading Program.

(a)Requesting withdrawal. To withdraw from the NOX Budget Trading Program, the NOX authorized account representative of a NOX Budget opt-in source shall submit to the Department a request to withdraw effective as of a specified date prior to May 1 or after September 30. The submission shall be made no later than 90 days prior to the requested effective date of withdrawal.

(b)Conditions for withdrawal. Before a NOX Budget opt-in source covered by a request under subparagraph (a) of this paragraph may withdraw from the NOX Budget Trading Program and the NOX Budget opt-in permit may be terminated under subparagraph (e) of this paragraph, the following conditions must be met:

1.For the control period immediately before the withdrawal is to be effective, the NOX authorized account representative must submit or must have submitted to the Department an annual compliance certification report in accordance with Rule 335-3-8-.08(1).

2.If the NOX Budget opt-in source has excess emissions for the control period immediately before the withdrawal is to be effective, the Administrator will deduct or has deducted from the NOX Budget opt-in source's compliance account, or the overdraft account of the NOX Budget source where the NOX Budget opt-in source is located, the full amount required under Rule 335-3-8-.10(5)(d) for the control period.

3.After the requirements for withdrawal under subparagraphs (b)1. and 2. of this paragraph are met, the Administrator will deduct from the NOX Budget opt-in source's compliance account, or the overdraft account of the NOX Budget source where the NOX Budget opt-in source is located, NOX allowances equal in number to and allocated for the same or a prior control period as any NOX allowances allocated to that source under paragraph (9) of this Rule for any control period for which the withdrawal is to be effective. The Administrator will close the NOX Budget opt-in source's compliance account and will establish, and transfer any remaining allowances to, a new general account for the owners and operators of the NOX Budget opt-in source. The NOX authorized account representative for the NOX Budget opt-in source shall become the NOX authorized account representative for the general account.

(c)A NOX Budget opt-in source that withdraws from the NOX Budget Trading Program shall comply with all requirements under the NOX Budget Trading Program concerning all years for which such NOX Budget opt-in source was a NOX Budget opt-in source, even if such requirements arise or must be complied with after the withdrawal takes effect.

(d)Notification.

1.After the requirements for withdrawal under subparagraphs (a) and (b) of this paragraph are met (including deduction of the full amount of NOX allowances required), the Department will issue a notification to the NOX authorized account representative of the NOX Budget opt-in source of the acceptance of the withdrawal of the NOX Budget opt-in source as of a specified effective date that is after such requirements have been met and that is prior to May 1 or after September 30.

2.If the requirements for withdrawal under subparagraphs (a) and (b) of this paragraph are not met, the Department will issue a notification to the NOX authorized account representative of the NOX Budget opt-in source that the NOX Budget opt-in source's request to withdraw is denied. If the NOX Budget opt-in source's request to withdraw is denied, the NOX Budget opt-in source shall remain subject to the requirements for a NOX Budget opt-in source.

(e)Permit amendment. After the Department issues a notification under subparagraph (d)1. of this paragraph that the requirements for withdrawal have been met, the Department will revise the NOX Budget permit covering the NOX Budget opt-in source to terminate the NOX Budget opt-in permit as of the effective date specified under subparagraph (d)1. of this paragraph. A NOX Budget opt-in source shall continue to be a NOX Budget opt-in source until the effective date of the termination.

(f)Reapplication upon failure to meet conditions of withdrawal. If the Department denies the NOX Budget opt-in source's request to withdraw, the NOX authorized account representative may submit another request to withdraw in accordance with subparagraphs (a) and (b) of this paragraph.

(g)Ability to return to the NOX Budget Trading Program. Once a NOX Budget opt-in source withdraws from the NOX Budget Trading Program and its NOX Budget opt-in permit is terminated under this paragraph, the NOX authority account representative may not submit another application for a NOX Budget opt-in permit under paragraph (4) of this Rule for the unit prior to the date that is 4 years after the date on which the terminated NOX Budget opt-in permit became effective.

(8)Change in regulatory status.

(a)Notification. When a NOX Budget opt-in source becomes a NOX Budget unit under Rule 335-3-8-.05(4)(a), the NOX authorized account representative shall notify in writing the Department and the Administrator of such change in the NOX Budget opt-in source's regulatory status, within 30 days of such change.

(b)Department's and Administrator's action.

1.When the NOX Budget opt-in source becomes a NOX Budget unit under Rule 335-3-8-.05(4), the Department will revise the NOX Budget opt-in source's NOX Budget opt-in permit to meet the requirements of a NOX Budget permit under Rule 335-3-8-.07(4) as of an effective date that is the date on which such NOX Budget opt-in source becomes a NOX Budget unit under Rule 335-3-8-.05(4).

(i)The Administrator will deduct from the compliance account for the NOX Budget unit under subparagraph (b)1. of this paragraph, or the overdraft account of the NOX Budget source where the unit is located, NOX allowances equal in number to and allocated for the same or a prior control period as follows:

(I)Any NOX allowances allocated to the NOX Budget unit (as a NOX Budget opt-in source) under paragraph (9) of this Rule for any control period after the last control period during which the unit's NOX Budget opt-in permit was effective; and

(II)If the effective date of the NOX Budget permit revision under subparagraph (b)1. of this paragraph is during a control period, the NOX allowances allocated to the NOX Budget unit (as a NOX Budget opt-in source) under paragraph (9) of this Rule for the control period multiplied by the ratio of the number of days, in the control period, starting with the effective date of the permit revision under subparagraph (b)1. of this paragraph, divided by the total number of days in the control period.

(ii)The NOX authorized account representative shall ensure that the compliance account of the NOX Budget unit under subparagraph (b)1. of this paragraph, or the overdraft account of the NOX Budget source where the unit is located, includes the NOX allowances necessary for completion of the deduction under subparagraph (b)1.(i) of this paragraph. If the compliance account or overdraft account does not contain sufficient NOX allowances, the Administrator will deduct the required number of NOX allowances, regardless of the control period for which they were allocated, whenever NOX allowances are recorded in either account.

(iii)For every control period during which the NOX Budget permit revised under subparagraph (b)1. of this paragraph is effective, the NOX Budget unit under subparagraph (b)1. of this paragraph will be treated, solely for purposes of NOX allowance allocations under Rule 335-3-8-.09(3), as a unit that commenced operation on the effective date of the NOX Budget permit revision under subparagraph (b)1. of this paragraph and will be allocated NOX allowances under Rule 335-3-8-.09(3).

(iv)Notwithstanding subparagraph (b)1.(iii) above, if the effective date of the NOX Budget permit revision under subparagraph (b)1. of this paragraph is during a control period, the following number of NOX allowances will be allocated to the NOX Budget unit under subparagraph (b)1. of this paragraph under Rule 335-3-8-.09 for the control period: the number of NOX allowances otherwise allocated to the NOX Budget unit under Rule 335-3-8-.09 for the control period multiplied by the ratio of the number of days, in the control period, starting with the effective date of the permit revision under subparagraph (b)1. of this paragraph, divided by the total number of days in the control period.

2.When the NOX authorized account representative of a NOX Budget opt-in source does not renew its NOX Budget opt-in permit under subparagraph (4)(b) of this Rule, the Administrator will deduct from the NOX Budget opt-in unit's compliance account, or the overdraft account of the NOX Budget source where the NOX Budget opt-in source is located, NOX allowances equal in number to and allocated for the same or a prior control period as any NOX allowances allocated to the NOX Budget opt-in source under paragraph (9) of this Rule for any control period after the last control period for which the NOX Budget opt-in permit is effective. The NOX authorized account representative shall ensure that the NOX Budget opt-in source's compliance account or the overdraft account of the NOX Budget source where the NOX Budget opt-in source is located includes the NOX allowances necessary for completion of such deduction. If the compliance account or overdraft account does not contain sufficient NOX allowances, the Administrator will deduct the required number of NOX allowances, regardless of the control period for which they were allocated, whenever NOX allowances are recorded in either account.

(i)After the deduction under subparagraph (b)2. of this paragraph is completed, the Administrator will close the NOX Budget opt-in source's compliance account. If any NOX allowances remain in the compliance account after completion of such deduction and any deduction under Rule 335-3-8-.10(5), the Administrator will close the NOX Budget opt-in source's compliance account and will establish, and transfer any remaining allowances to, a new general account for the owners and operators of the NOX Budget opt-in source. The NOX authorized account representative for the NOX Budget opt-in source shall become the NOX authorized account representative for the general account.

(9)NOX allowance allocations to opt-in units.

(a)NOX allowance allocation.

1.By December 31 immediately before the first control period for which the NOX Budget opt-in permit is effective, the Department will allocate NOX allowances to the NOX Budget opt-in source and submit to the Administrator the allocation for the control period in accordance with subparagraph (b) of this paragraph.

2.By no later than December 31, after the first control period for which the NOX Budget opt-in permit is in effect, and December 31 of each year thereafter, the Department will allocate NOX allowances to the NOX Budget opt-in source, and submit to the Administrator allocations for the next control period, in accordance with subparagraph (b) of this paragraph.

(b)For each control period for which the NOX Budget opt-in source has an approved NOX Budget opt-in permit, the NOX Budget opt-in source will be allocated NOX allowances in accordance with the following procedures:

1.The heat input (in mmBtu) used for calculating NOX allowance allocations will be the lesser of:

(i)The NOX Budget opt-in source's baseline heat input determined pursuant to subparagraph (5)(c) of this Rule; or

(ii)The NOX Budget opt-in source's heat input, as determined in accordance with Rule 335-3-8-.12, for the control period in the year prior to the year of the control period for which the NOX allocations are being calculated.

2.The Department will allocate NOX allowances to the NOX Budget opt-in source in an amount equaling the heat input (in mmBtu) determined under subparagraph (b)1. of this paragraph multiplied by the lesser of:

(i)The NOX Budget opt-in source's baseline NOX emissions rate (in lb/mmBtu) determined pursuant to subparagraph (5)(c) of this Rule; or

(ii)The most stringent State or Federal NOX emissions limitation applicable to the NOX Budget opt-in source during the control period.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-8,22-28-10, 22-28-11, 22-28-14, 22-28-18, 22-28-20, 22-28-22.

History: New Rule: Filed March 2, 2001; effective April 6, 2001.

(1)No person shall cause or permit emissions of nitrogen oxides from a new gas-fired boiler with a capacity of 250 million BTU/hr or more in excess of 0.20 pounds per million BTU of heat input per hour.

(2)No person shall cause or permit emissions of nitrogen oxides from a new oil-fired boiler with a capacity of 250 million BTU/hr or more in excess of 0.30 pounds per million BTU of heat input per hour.

(3)No person shall cause or permit emission of nitrogen oxides from a new coal-fired boiler with a capacity of 250 million BTU per hour or more in excess of 0.7 pounds per million BTU of heat input per hour.

(4)For purposes of this Rule, the total heat input from all similar fuel combustion units at a plant or premises shall be used for determining the maximum allowable emission of nitrogen oxides that passes through a stack or stacks.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-5, 22-22A-6, 22-22A-8,22-28-14,.

History: Effective Date: January 18, 1972. Amended: March 2, 2001; effective April 6, 2001.

Ed. Note: Previous Rule 335-3-8-.01 was renumbered to 335-3-8-.14, as per certification filed March 2, 2001; effective April 6, 2001.

(1)Applicability. The requirements of this Rule apply to all natural gas-fired and fuel oil-fired combined-cycle electric generating units which commence operation on or after April 1, 2003. The requirements of this Rule do not pre-empt the applicability of any other State or Federal regulations.

(2)Definitions. For the purposes of this Rule, the following definitions apply:

(a)"Combined-Cycle Electric Generating Unit" means a system comprised of one or more combustion turbines, heat recovery steam generators, and steam turbines configured to improve overall efficiency of electricity generation or steam production.

(b)"Commence Operation" means to have begun to produce steam, gas, or other heated medium used to generate electricity for use or sale, including test generation.

(c)"Fuel Oil" means any petroleum-based fuel (including diesel fuel) as defined by the American Society for Testing and Materials in ASTM D396-90a, "Standard Specification for Fuel Oils".

(d)"Natural Gas" means a naturally fluid mixture of hydrocarbons (e.g., methane, ethane, or propane) produced in geological formations beneath the Earth's surface that maintains a gaseous state at standard atmospheric temperature and pressure under ordinary conditions. Natural gas contains 20.0 grains or less of total sulfur per 100 standard cubic feet. Additionally, natural gas must either be composed of at least 70 percent methane by volume or have a gross calorific value between 950 and 1100 Btu per standard cubic foot. Natural gas does not include the following gaseous fuels: landfill gas, digester gas, refinery gas, sour gas, blast furnace gas, coal-derived gas, producer gas, coke oven gas, or any gaseous fuel produced in a process which might result in highly variable sulfur content or heating value.

(3)Emission Limitations.

(a)No person shall cause or permit the emissions of nitrogen oxides from combined-cycle electric generating units fired by natural gas in excess of 4.0 ppmvd at 15% O2.

(b)No person shall cause or permit the emissions of nitrogen oxides from combined-cycle electric generating units fired by fuel oil in excess of 15.0 ppmvd at 15% O2.

(4)Compliance Method. Compliance with the nitrogen oxides emissions limitations in paragraph (3) of this Rule shall be determined by EPA Reference Method 20 as found in 40 CFR 60, Appendix A [and incorporated by reference in Rule 335-3-10-.03(1)].

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-10, 22-28-11, 22-28-14, 22-28-18, 22-28-20, 22-28-22, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed December 19, 2002; effective January 23, 2003.

(1)No persons shall cause or permit the emission of visible air contaminants from gasoline-powered motor vehicles, operated upon any street, highway, or other public place, for longer than five (5) consecutive seconds.

(2)No person shall cause or permit the emission of visible air contaminants from diesel-powered motor vehicles and other movable sources of a shade or density greater than twenty percent (20%) opacity for longer than five (5) consecutive seconds.

(3)Uncombined Water. Where the presence of uncombined water is the only reason for failure of an emission to meet the requirements of this Rule, this Rule shall not apply.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: September 24, 1972. Amended: Filed October 17, 1996; effective November 21, 1996.

All 1968 and subsequent model year gasoline-powered motor vehicles shall be maintained so as to be in compliance with the following requirements:

(1)The number of revolutions per minute of an engine while operating at idle speed shall be in accordance with the specifications and determined under conditions published by the manufacturer, but in no case shall the idle speed be less than the minimum specified in such published specifications. Revolutions per minute shall be tested for accuracy and precision at reasonable intervals.

(2)Ignition timing of an engine shall comply with the published specifications of the manufacturer as determined in accordance with procedures and conditions specified by the manufacturer.

(3)All cylinders shall be firing.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: September 24, 1972. Amended:

The positive crankcase ventilation system on all 1968 and subsequent model year gasoline-powered motor vehicles, except motorcycles and motor tricycles, and all 1969 and subsequent model year gasoline-powered motor vehicles, including motorcycles and motor tricycles, shall meet the following requirements:

(1)The plumbing and connections shall be properly connected as installed by the manufacturer and free of obstructions and leakage.

(2)There shall be a negative pressure (suction) at the inlet of the crankcase ventilation valve.

(3)The crankcase ventilation valve shall be freely operative so as to regulate the flow of gases through the system.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: September 24, 1972. Amended:

(1)Air Injection System. Exhaust emission control air injection systems on those gasoline-powered motor vehicles so equipped by the manufacturer shall operate so that:

(a)The air delivery hoses, connections, and air distribution manifold shall be properly connected as installed by the manufacturer and free of obstructions and leakage.

(b)The air compressor drive belt tension shall be within manufacturer's specifications.

(c)There is a positive air flow from the air pump to the air delivery distribution manifold.

(d)The check valve prevents any reverse air flow from the air distribution manifold out through the check valve inlet.

(e)The anti-backfire valve, gulp-valve, air bypass valve, or other similar device with the same function permits the passage of air from the air pump to the exhaust manifold or manifolds, except when the carburetor throttle is closed rapidly from an open position as in deceleration.

(2)Engine Modification System. All vacuum control valves, vacuum lines, mechanical linkage, electrical circuits and switches peculiar to certain engine modification systems shall be properly connected as installed on all 1968 and subsequent model year gasoline-powered motor vehicles so equipped by the manufacturer.

(3)Other Exhaust Emission Control Systems. Any other exhaust emission control system, other than air injection or engine modification which is installed or incorporated in a motor vehicle in compliance with Federal motor vehicle pollution control regulations shall be maintained in good operable conditions as specified by the manufacturer and shall be used at all times that the motor vehicle is operated.

(4)The requirements of this Rule shall apply to all gasoline-powered motor vehicles with the following EXCEPTION:

(a)Vehicles of 1967 or earlier model year.

(b)Vehicles not equipped by the manufacturer with exhaust emission control injection systems.

(c)Motor vehicles with an engine displacement of less than 50 cubic inches (819.35 cubic centimeters).

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: September 24, 1972. Amended:

The evaporative loss control systems or devices designed and installed on 1972 and subsequent model year gasoline-powered motor vehicles shall be maintained in an operable condition such that the system or device continues to reduce or prevent the emission to the atmosphere of the vapors of the hydrocarbon fuel contained in the fuel tank, carburetor and/or fuel pump of the motor vehicle.

Authors: James W. Cooper, John E Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: September 24, 1972. Amended:

In addition to the other strictures contained in this Chapter, no person shall cause, suffer, allow, or permit the removal, disconnection, and/or disabling of a positive crankcase ventilator, exhaust emission control system, or evaporative loss control system which has been installed on a motor vehicle; nor shall any person defeat the design purpose of any such motor vehicle pollution control device by installing therein or thereto any part or component which is not a comparable replacement part or component of the device. Provided that:

(1)The components or parts of emission control systems on motor vehicles may be disassembled or reassembled for the purpose of repair and maintenance in proper working order.

(2)Components and parts of emission control systems may be removed and replaced with like components and parts intended by the manufacturer for such replacement.

(3)The provisions of this Rule shall not apply to salvage operations on wrecked motor vehicles when the engine is so damaged that it will not be used again for the purpose of powering a motor vehicle on a highway.

Author: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8 .

History: Effective Date: September 24, 1972. Amended:

The provisions of this Chapter shall become effective sixty (60) days from the date of its adoption and promulgation.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: September 14, 1972. Amended:

(1)The Environmental Protection Agency Regulations, and the Appendices applicable thereto, governing Standards of Performance for New Stationary Sources (40 CFR 60 and Appendices) designated in Rules 335-3-10-.02 and -.03 are incorporated by reference as they exist in 40 CFR 60 (2002), and 68 FR 17990 [04/14/03, amendments to Subparts A and GG], as amended by the word or phrase substitutions given in Rule 335-3-10-.04. References for specific documents containing the complete text of subject regulations are given in Appendix C to these Regulations. Authorities which are not delegable to the state are also listed in Appendix C.

[NOTE: The standards pertaining to the Consolidated Federal Air Rule are located in Chapter 335-3-11A.]

(a)The materials incorporated by reference are available for purchase and inspection at the Department's offices at 1400 Coliseum Boulevard, Montgomery, Alabama 36110.

(2)The emission standards in this Chapter shall supercede the emission standards in Chapters 335-3-3, -4, -5, -6, -7, and -8 if both of the following criteria are met:

(a)the source category is subject to the regulations in this Chapter for the specific pollutants to which an emission standard under this Chapter applies, and

(b)the emission standard under Chapters 335-3-3, -4, -5, -6, -7, and -8 is more stringent than the emission standard in this Chapter for the specific pollutants regulated.

(3)Definitions. For purposes of this Chapter, the definitions listed in 40 CFR &#167;60.2 will apply.

Author: Department of Environmental Management

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8, 41-22-9.

History: Effective Date: May 25, 1976. Amended: Effective Date: February 13, 1985; June 9,1987; June 16, 1988; September 2, 1989; November 1, 1990; March 28, 1991; July 31, 1991; October 24, 1991. Amended: November 23, 1993; effective December 28, 1993. Amended: Filed March 23, 1995; effective April 27, 1995. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed August 21, 1997; effective September 25, 1997. Amended: Filed February 20, 1998; effective March 27, 1998. Amended: Filed June 10 1999; effective July 15, 1999. Amended: Filed December 9, 1999; effective January 13, 2000. Amended: Filed August 3, 2000; effective September 7, 2000. Amended: Filed February 7, 2002; effective March 14, 2002. Amended: Filed August 29, 2002; effective October 3, 2002. Amended: Filed February 27, 2003; effective April 3, 2003. Amended: Filed August 28, 2003; effective October 2, 2003.

(1)Subpart A - General Provisions.

(2)Subpart D - Fossil Fuel-Fired Steam Generators for which construction is commenced after August 17, 1971.

(a)Subpart Da - Electric Utility Steam Generating Units for which construction is commenced after September 18, 1978.

(b)Subpart Db - Industrial-Commercial-Institutional Steam Generating Units.

(c)Subpart Dc - Small Industrial-Commercial-Institutional Steam Generating Units.

(3)Subpart E - Incinerators.

(a)Subpart Ea - Municipal Waste Combustors for which construction is commenced after December 20, 1989 and on or before September 20, 1994.

(b)Subpart Eb - Municipal Waste Combustors for which construction is commenced after September 20, 1994.

(c)Subpart Ec - Standards of Performance for Hospital/Medical/ Infectious Waste Incinerators for which construction is commenced after June 20, 1996.

(4)Subpart F - Portland Cement Plants.

(5)Subpart G - Nitric Acid Plants.

(6)Subpart H - Sulfuric Acid Plants.

(7)Subpart I - Hot Mix Asphalt Facilities.

(8)Subpart J - Petroleum Refineries.

(9)Subpart K - Storage Vessels for Petroleum Liquids constructed after June 11, 1973 and prior to May 19, 1978.

(a)Subpart Ka - Storage Vessels for Petroleum Liquids constructed after May l8, l978.

(b)Subpart Kb - Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for which Construction, Reconstruction, or Modification Commenced after July 12, 1984.

(10)Reserved.

(11)Reserved.

(12)Subpart L - Secondary Lead Smelters.

(13)Subpart M - Secondary Brass and Bronze Ingot Production Plants.

(14)Subpart N ? Primary Emissions from Basic Oxygen Process Furnaces for which construction is commenced after June 11, 1973.

(a)Subpart Na - Standards of Performance for Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for which construction is commenced after January 20, l983.

(15)Subpart O - Sewage Treatment Plants.

(16)Subpart P - Primary Copper Smelters.

(17)Subpart Q - Primary Zinc Smelters.

(18)Subpart R - Primary Lead Smelters.

(19)Subpart S - Primary Aluminum Reduction Plants.

(20)Subpart T - Wet Process Phosphoric Acid Plants.

(21)Subpart U - Superphosphoric Acid Plants.

(22)Subpart V - Diammonium Phosphate Plants.

(23)Subpart W - Triple Superphosphate Plants.

(24)Subpart X - Granular Triple Superphosphate Storage Facilities.

(25)Subpart Y - Coal Preparation Plants.

(26)Subpart Z - Ferroalloy Production Facilities.

(27)Subpart AA - Steel Plants (Electric arc furnaces and dust-handling equipment).

(a)Subpart AAa - Steel Plants: Electric Arc Furnaces and Argon Oxygen-Decarburization Vessels.

(28)Subpart BB - Kraft Pulp Mills.

(29)Subpart CC - Standards of Performance for Glass Manufacturing Plants.

(30)Subpart DD - Grain Elevators.

(31)Subpart EE - Surface Coating of Metal Furniture.

(32)Subpart FF - Reserved.

(33)Subpart GG - Stationary Gas Turbines.

(34)Subpart HH - Lime Manufacturing Plants.

(35)Subpart II - Reserved.

(36)Subpart JJ - Reserved.

(37)Subpart KK - Lead-Acid Battery Manufacture.

(38)Subpart LL - Metallic Mineral Processing Plants.

(39)Subpart MM - Automobile and Light-Duty Truck Surface Coating Operations.

(40)Subpart NN - Phosphate Rock Plants.

(41)Subpart OO - Reserved.

(42)Subpart PP - Ammonium Sulfate Manufacturing.

(43)Subpart QQ - Graphic Arts Industry: Publication Rotogravure Printing.

(44)Subpart RR - Pressure Sensitive Tape and Label Surface Coating Industry.

(45)Subpart SS - Industrial Surface Coating - Large Appliances.

(46)Subpart TT - Metal Coil Surface Coating Operations.

(47)Subpart UU - Asphalt Processing and Asphalt Roofing Manufacture.

(48)Subpart VV - Equipment Leaks of VOC in the Synthetic Organic Chemical Manufacturing Industry.

(49)Subpart WW - Beverage Can Surface Coating Industry.

(50)Subpart XX - Bulk Gasoline Terminals.

(51)Subpart YY - Reserved.

(52)Subpart ZZ - Reserved.

(53)Subpart AAA - Reserved.

(54)Subpart BBB - Rubber Tire Manufacturing Industry.

(55)Subpart CCC - Reserved.

(56)Subpart DDD - Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry.

(57)Subpart EEE - Reserved.

(58)Subpart FFF - Flexible Vinyl and Urethane Coating and Printing.

(59)Subpart GGG - VOC Fugitive Emission Sources - Petroleum Refineries.

(60)Subpart HHH - Synthetic Fiber Production Facilities.

(61)Subpart III - VOC Emissions from SOCMI Air Oxidation Unit Processes.

(62)Subpart JJJ - Petroleum Dry Cleaners.

(63)Subpart KKK - Equipment Leaks of VOC from Onshore Natural Gas Processing Plants.

(64)Subpart LLL - Standards of Performance for Onshore Natural Gas Processing: SO2 Emissions.

(65)Subpart MMM - Reserved.

(66)Subpart NNN - VOC Emissions from SOCMI Distillation Operations.

(67)Subpart OOO - Nonmetallic Mineral Processing Plants.

(68)Subpart PPP - Wool Fiberglass Insulation Manufacturing Plants.

(69)Subpart QQQ - VOC Emissions from Petroleum Refinery Wastewater Systems.

(70)Subpart RRR - Volatile Organic Compound (VOC) Emissions from the Synthetic Organic Chemical Manufacturing Industry Reactor Processes.

(71)Subpart SSS - Magnetic Tape Manufacturing Industry.

(72)Subpart TTT - Industrial Surface Coating; Plastic Parts for Business Machines.

(73)Subpart UUU - Calciners and Dryers in Mineral Industries.

(74)Subpart VVV - Polymeric Coating of Supporting Substrates.

(75)Subpart WWW - Municipal Waste Landfills.

(76)Subpart XXX ? Reserved.

(77)Subpart YYY ? Reserved.

(78)Subpart ZZZ ? Reserved.

(79)Subpart AAAA ? Small Municipal Waste Combustion Units for which construction is commenced after August 30, 1999 or for which modification or reconstruction is commenced after June 6, 2001.

(80)Subpart BBBB ? Reserved.

(81)Subpart CCCC ? Commercial and Industrial Solid Waste Incineration Units for which construction is commenced after November 30, 1999 or for which modification or reconstruction is commenced on or after June 1, 2001.

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8, 41-22-9.

History: Effective Date: May 25, 1976. Amended: Effective Date: June 23, 1981; February 13, 1985; April 15, 1987; June 16, 1988; September 21, 1989; November 1, 1990; March 28, 1991; July 31, 1991; October 24, 1991. Amended: Filed November 23, 1993; effective December 28, 1993. Amended: Filed March 23, 1995; effective April 27, 1995. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed February 20, 1998; effective March 27, 1998. Amended: Filed June 10, 1999; effective July 15, 1999. Amended: Filed December 9, 1999; effective January 13, 2000. Adopted by Reference: Filed August 3, 2000; effective September 7, 2000. Amended: Filed February 7, 2002; effective March 14, 2002. Amended: Filed August 29, 2002; effective October 3, 2002. Amended: Filed February 27, 2003; effective April 3, 2003. Amended: Filed August 28, 2003; effective October 2, 2003.

(1)Appendix A - Reference Method.

(2)Appendix B - Performance Specifications.

(3)Appendix F - Quality Assurance Procedures.

Author: Robert Cowne

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8, 41-22-9.

History: Effective Date: June 16, 1988. Amended: Effective Date: November 1, 1990; March 28, 1991; July 31, 1991; October 24, 1991. Amended: Filed November 23, 1993; effective December 28, 1993. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed December 9, 1999; effective January 13, 2000. Adopted by Reference: Filed August 3, 2000; effective September 7, 2000. Amended: Filed February 7, 2002; effective March 14, 2002. Amended: Filed August 29, 2002; effective October 3, 2002.

In all the standards designated in Rule 335-3-10-.02 substitute:

(a)Director for Administrator.

(b)Department for U. S. Environmental Protection Agency (except in references).

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8, 41-22-9.

History: Effective Date: May 25, 1976. Amended: Effective Date: February 13, 1985; June 16, 1988. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed August 3, 2000; effective September 7, 2000.

(1)The Environmental Protection Agency Regulations, and the Appendices applicable thereto, governing Hazardous Air Pollutants, 40 CFR, Part 61 and Appendices, designated in Rules 335-3-11-.02 and 335-3-11-.03 and 40 CFR Part 63, and Appendices designated in Rules 335-3-11-.06 and 335-3-11-.07 are incorporated by reference as they exist in 40 CFR 61 (2002)and 67 FR 68526 [11/12/02, amendments to Subpart FF], 68 FR 6082 [02/06/03, amendments to Subpart FF] and 40 CFR Part 63 (2002) and 67 FR 44371 [07/02/2002, amendments to Subpart LLL], 67 FR 44766 [07/05/2002, amendments to Subpart LLL], 67 FR 45588 [07/09/2002, addition of Subpart XXXX], 67 FR 45886 [07/10/2002, addition of Subpart J], 67 FR 46271 [07/12/2002, addition of Subpart XX and amendments to Subparts SS, TT, UU, WW and YY], 67 FR 46289 [07/12/2002, amendments to Subpart YY], 67 FR 48254 [07/23/2002, addition of Subpart NNNN], 67 FR 59336 [09/20/2002, amendments to Subpart MMM], 67 FR 59787 [09/24/2002, amendments to Subpart RRR], 67 FR 64742 [10/21/02, amendments to Subpart VVV], 67 FR 72330 [12/04/02, amendments to Subpart A and addition of Subpart JJJJ], 67 FR 72580 [12/06/02, amendments to Subpart LLL], 67 FR 77687 [12/19/02, amendments to Subpart EEE], 67 FR 79808 [12/30/02, amendments to Subpart RRR], 68 FR 2227 [01/16/03, addition of Subpart AAAA], 68 FR 6635 [02/10/03, amendments to Subpart YY], 68 FR 7706 [02/18/03, amendments to Subparts A and MM], 68 FR 11745 [03/12/03, amendments to Subpart XXXX], 68 FR 12590 [03/17/03, amendments to SSSS], 68 FR 18008 [04/14/03, addition of Subpart CCCCC], 68 FR 19076 [04/17/03, addition of Subpart NNNNN], 68 FR 19375 [04/21/03, amendments to Subpart A and addition of Subpart WWWW], 68 FR 19885 [04/22/03, amendments to Subpart CCCCC], 68 FR 23898 [05/06/03, amendments to Subpart A], and 68 FR 24562 [05/07/03, addition of Subpart LLLLL], 68 FR 24653 [05/08/03, amendments to Subpart MM], as amended by the word or phrase substitutions given in Rule 335-3-11-.03. References for specific documents containing the complete text of subject regulations are given in Appendix C to these Regulations. Authorities which are not delegable to the state are also listed in Appendix C.

[NOTE: The standards pertaining to the Consolidated Federal Air Rule are located in Chapter 335-3-11A.]

(a)The materials incorporated by reference are available for purchase and inspection at the Department's offices at 1400 Coliseum Boulevard, Montgomery, Alabama 36110.

(2)In the event of any conflict between the regulations contained in this Chapter and regulations contained in other Chapters, the more stringent regulations will take precedence.

(3)Definitions. For purposes of this Chapter, the definitions listed in 40 CFR 61.02, Subpart A will apply in Rules 335-3-11-.02 and 335-3-11-.03 and the definitions listed in 40 CFR 63.2, Subpart A will apply in Rules 335-3-11-.06 and 335-3-11-.07.

Author: Department of Environmental Management

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8, 41-22-9.

History: Effective Date: May 25, 1976. Amended: Effective Date: February 13, 1985; June 9, 1987; June 16, 1988; November 1, 1990; March 28, 1991; July 31, 1991; September 19, 1991. Amended: Filed November 23, 1993; effective December 28, 1993. Amended: Filed October 19, 1995; effective November 23, 1995. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed August 21, 1997; effective September 25, 1997. Amended: Filed February 20, 1998; effective March 27, 1998. Amended: Filed October 15, 1998; effective November 19, 1998. Amended: Filed June 10, 1999; effective July 15, 1999. Amended: Filed December 9, 1999; effective January 13, 2000. Amended: Filed August 3, 2000; effective September 7, 2000. Amended: Filed February 7, 2002; effective March 14, 2002. Amended: Filed August 29, 2002; effective October 3, 2002. Amended: Filed February 27, 2003; effective April 3, 2003. Amended: Filed August 28, 2003; effective October 2, 2003.

(1)Subpart A ? General Provisions.

(2)Subpart C - Beryllium.

(3)Subpart D - Beryllium Rocket Motor Firing.

(4)Subpart E - Mercury.

(5)Subpart F - Vinyl Chloride.

(6)Reserved.

(7)Reserved.

(8)Reserved.

(9)Subpart J - Benzene Equipment Leaks.

(10)Reserved.

(11)Subpart L - Benzene Emissions from Coke By-Product Recovery Plants.

(12)Subpart M - Asbestos.

(13)Subpart N - Standard for Inorganic Arsenic Emissions from Glass Manufacturing Plants.

(14)Subpart 0 - Standard for Inorganic Arsenic Emissions from Primary Copper Smelters.

(15)Subpart P - Standard for Inorganic Arsenic Emission from Arsenic Trioxide and Metallic Arsenic Production Facilities.

(16)Reserved.

(17)Reserved.

(18)Reserved.

(19)Reserved.

(20)Reserved.

(21)Subpart V - Equipment Leaks (Fugitive Emission Sources).

(22)Reserved.

(23)Reserved.

(24)Subpart Y - Benzene Emissions from Benzene Storage Vessels.

(25)Reserved.

(26)Reserved.

(27)Subpart BB - Benzene Emissions from Benzene Transfer Operations.

(28)Reserved.

(29)Reserved.

(30)Reserved.

(31)Subpart FF - Benzene Emissions from Benzene Waste Operations.

Author: Alabama Department of Environmental Management

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8, 41-22-9.

History: Effective Date: May 25, 1976. Amended: Effective Date: June 23, 1981; February 13, 1985; June 9, 1987; November 1, 1990; March 28, 1991; July 31, 1991; September 19, 1991. Amended: Filed November 23, 1993; effective December 28, 1993. Amended: Filed December 9, 1999; effective January 13, 2000. Amended: Filed February 7, 2002; effective March 14, 2002. Amended: Filed August 28, 2003; effective October 2, 2003.

(1)Appendix B - Test Methods.

Author: Robert W. Cowne

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8, 41-22-9.

History: Effective Date: June 16, 1988. Amended: Effective March 28, 1991. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed February 7, 2002; effective March 14, 2002.

In all of the standards designated in Rules 335-3-11-.02 and 335-3-11-.06 substitute:

(a)Director for Administrator.

(b)Department for U. S. Environmental Protection Agency (except in references).

Author:

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8, 41-22-9.

History: Effective May 25, 1976. Amended: Effective Date: February 13, 1985; June 16, 1988. Amended: Filed October 19, 1995; effective November 23, 1995. Amended: Filed August 3, 2000; effective September 7, 2000.

(1)Any person, firm, organization, or corporation who is the owner or operator of any asbestos removal project for which notification is required pursuant to the requirements of Rule 335-3-11-.02(12) shall ensure that the parties executing the asbestos removal project are certified by the Department.

(2)Procedures for application for certification and recertification.

(a)An application for certification or recertification must be completed on forms that are supplied by the Department.

(b)Applications shall include, at minimum, the following information:

1.Lists of supervisors and workers, including their accreditation numbers issued by the state-approved accreditation program.

2.A list of asbestos removal operations performed by the party during the previous twelve (12) months.

3.Assurance that all supervisors or workers used in asbestos removal operations employed by the party shall have a current accreditation by the state-approved accreditation program before performing any work inside or outside a removal site.

4.A written certification from the principal officer or person stating that he/she understands state regulations pertaining to asbestos removal and will abide by said regulations.

(c)The Department may issue a certificate of certification to a party if it has been determined that:

1.Each supervisor and worker involved in asbestos removal is accredited by the state-approved accreditation program.

2.All application forms and attachments are properly completed and have been submitted.

3.The application fees have been paid.

(d)The Department may deny certification if it determines that the applicant is unable or unwilling to fully comply with applicable requirements, procedures, rules and standards promulgated or established by the Commission or the Department. All notices regarding the denial of certification will be sent via certified mail.

(3)Parties must reapply annually in order to maintain proper certification.

(4)A copy of the party's current certification must be available at each of its removal sites.

(5)Annual accreditation of supervisors and workers is required.

(6)Copies of accreditation for every supervisor and worker must be kept at each removal site.

(7)The Department may revoke certification of any party duly certified if the party repeatedly fails to comply with applicable rules and standards or fails to comply with any certification requirements.

(8)The requirements of this Rule become enforceable 120 days after the effective date.

Author: Ludwig C. Hoffmann III

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8, 22-39-5.

History: Effective November 1, 1990. Amended: Filed March 23, 1995; effective April 27, 1995. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Subpart A ? General Provisions.

(2)Subpart B - Requirements for Control Technology Determinations for Major Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 112(j).

[NOTE: The requirements for implementation of &#167;112(g) are found in Rule 335-3-14-.06]

(3)Subpart D - Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants.

(4)Reserved.

(5)Subpart F - National Emission Standards for Hazardous Air Pollutants From Synthetic Organic Chemical Manufacturing Industry.

(6)Subpart G - National Emission Standards for Organic Hazardous Air Pollutants From Synthetic Organic Chemical Manufacturing Industry Process Vents, Storage Vessels, Transfer Operations, and Wastewater.

(7)Subpart H - National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks.

(8)Subpart I - National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks.

(9)Subpart J ? National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production.

(10)Reserved.

(11)Subpart L - National Emission Standards for Coke Oven Batteries.

(12)Subpart M - National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities.

(13)Subpart N - National Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks.

(14)Subpart O - Ethylene Oxide Emissions Standards for Sterilization Facilities.

(15)Reserved.

(16)Subpart Q - National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers.

(17)Subpart R - National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations).

(18)Subpart S - National Emission Standards for Hazardous Air Pollutants for Pulp and Paper Production.

(19)Subpart T - National Emission Standards for Halogenated Solvent Cleaning.

(20)Subpart U - National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins.

(21)Reserved.

(22)Subpart W - National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Non-Nylon Polyamides Production.

(23)Subpart X - National Emission Standards from Secondary Lead Smelting.

(24)Subpart Y - National Emission Standards for Marine Tank Vessel Loading Operations [with the EXCEPTION of those subsections referencing the Valdez Marine Terminal (VMT) in Alaska].

(25)Reserved.

(26)Subpart AA ? National Emission Standards for Hazardous Air Pollutants from Phosphoric Acid Manufacturing Plants.

(27)Subpart BB ? National Emission Standards for Hazardous Air Pollutants from Phosphate Fertilizers Production Plants.

(28)Subpart CC - National Emission Standards for Hazardous Air Pollutants from Petroleum Refineries.

(29)Subpart DD - National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations.

(30)Subpart EE - National Emission Standards for Magnetic Tape Manufacturing Operations.

(31)Reserved.

(32)Subpart GG - National Emission Standards for Aerospace Manufacturing and Rework Facilities.

(33)Subpart HH ? National Emission Standards for Hazardous Air Pollutants From Oil and Natural Gas Production Facilities.

(34)Subpart II - National Emission Standards for Shipbuilding and Ship Repair (Surface Coating) Operations.

(35)Subpart JJ - National Emission Standards for Wood Furniture Manufacturing Operations.

(36)Subpart KK - National Emission Standards for the Printing and Publishing Industry.

(37)Reserved.

(38)Subpart MM ? National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills.

(39)Reserved.

(40)Subpart OO - National Emission Standards for Tanks - Level 1.

(41)Subpart PP - National Emission Standards for Containers.

(42)Subpart QQ - National Emission Standards for Surface Impoundments.

(43)Subpart RR - National Emission Standards for Individual Drain Systems.

(44)Subpart SS ? National Emission Standards Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process.

(45)Subpart TT ? National Emission Standards for Equipment Leaks ? Control Level 1.

(46)Subpart UU ? National Emission Standards for Equipment Leaks ? Control Level 2 Standards.

(47)Subpart VV National Emission Standards for Oil-Water Separators and Organic-Water Separators.

(48)Subpart WW ? National Emission Standards for Storage Vessels (Tanks) ? Control Level 2.

(49)Subpart XX ? National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations.

(50)Subpart YY ? National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards.

(51)Reserved.

(52)Reserved.

(53)Reserved.

(54)Subpart CCC ? National Emission Standards for Hazardous Air Pollutants for Steel Pickling ? HCl Process Facilities and Hydrochloric Acid Regeneration Plants.

(55)Subpart DDD ? National Emission Standards for Hazardous Air Pollutants for Mineral Wool Production.

(56)Subpart EEE - National Emission Standards for Hazardous Air Pollutants From Hazardous Waste Combustors.

(57)Reserved.

(58)Subpart GGG - National Emission Standards for Hazardous Air Pollutants for Source Categories: Pharmaceuticals Production.

(59)Subpart HHH ? National Emission Standards for Hazardous Air Pollutants from Natural Gas Transmission and Storage Facilities.

(60)Subpart III - National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production.

(61)Subpart JJJ - National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins.

(62)Reserved.

(63)Subpart LLL - National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry.

(64)Subpart MMM ? National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production.

(65)Subpart NNN ? National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing.

(66)Subpart OOO ? National Emission Standards for Hazardous Air Pollutants for Amino/Phenolic Resins Production.

(67)Subpart PPP ? National Emission Standards for Hazardous Air Pollutants for Polyether Polyols Production.

(68)Reserved.

(69)Subpart RRR ? National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production.

(70)Reserved.

(71)Reserved.

(72)Subpart UUU ? National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units.

(73)Subpart VVV ? National Emission Standards for Hazardous Air Pollutants: Publicity Owned Treatment Works.

(74)Reserved.

(75)Subpart XXX ? National Emission Standards for Hazardous Air Pollutants for Ferroalloys Production: Ferromanganese and Silicomanganese.

(76)Reserved.

(77)Reserved.

(78)Subpart AAAA ? National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waster Landfills.

(79)Reserved.

(80)Subpart CCCC ? National Emission Standards for Hazardous Air Pollutants: Nutritional Yeast.

(81)Reserved.

(82)Reserved.

(83)Reserved.

(84)Subpart GGGG ? National Emission Standards for Hazardous Air Pollutants: Solvent Extraction for Vegetable Oil Production.

(85)Subpart HHHH ? National Emission Standards for Hazardous Air Pollutants for Wet-Formed Fiberglass Mat Production.

(86)Reserved.

(87)Subpart JJJJ ? National Emission Standards for Hazardous Air Pollutants: Paper and Other Web Coating.

(88)Reserved.

(89)Reserved.

(90)Reserved.

(91)Subpart NNNN ? National Emission Standards for Hazardous Air Pollutants: Surface Coating of Large Appliances.

(92)Reserved.

(93)Reserved.

(94)Reserved.

(95)Reserved.

(96)Subpart SSSS ? National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Coil.

(97)Reserved.

(98)Reserved.

(99)Subpart VVVV ? National Emission Standards for Hazardous Air Pollutants for Boat Manufacturing.

(100)Subpart WWWW ? National Emission Standards for Hazardous Air Pollutants: Reinforced Plastic Composites Production.

(101)Subpart XXXX ? National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing.

(102)Reserved.

(103)Reserved.

(104)Reserved.

(105)Reserved.

(106)Subpart CCCCC ? National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing Quenching and Battery Stacks.

(107)Reserved.

(108)Reserved.

(109)Reserved.

(110)Reserved.

(111)Reserved.

(112)Reserved.

(113)Reserved.

(114)Reserved.

(115)Subpart LLLLL ? National Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing.

(116)Reserved.

(117)Subpart NNNNN ? National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production.

Author: Richard E. Grusnick

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8, 41-22-9.

History: New Rule: Filed October 19, 1995; effective November 23, 1995. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed August 21, 1997; effective September 25, 1997. Amended: Filed June 10, 1999; effective July 15, 1999. Amended: Filed December 9, 1999; effective January 13, 2000. Amended: Filed August 3, 2000; effective September 7, 2000. Amended: Filed February 7, 2002; effective March 14, 2002. Amended: Filed August 29, 2002; effective October 3, 2002. Amended: Filed February 27, 2003; effective April 3, 2003. Amended: Filed August 28, 2003; effective October 2, 2003.

(1)Appendix A - Test Methods.

(2)Appendix B - Sources Defined for Early Reduction Provisions.

(3)Appendix C - Determination of the Fraction Biodegraded (Fbio) in a Biological Treatment Unit.

(4)Appendix D - Alternative Validation Procedure for EPA Waste and Wastewater Methods.

(5)Appendix E ? Monitoring Procedure for Nonthoroughly Mixed Open Biological Treatment System Systems at Kraft Pulp Mills Under Unsafe Sampling Conditions.

Author: Richard E. Grusnick

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8, 41-229.

History: New Rule: Filed October 19, 1995; effective November 23, 1995. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed August 21, 1997; effective September 25, 1997. Amended: Filed October 15, 1998; effective November 19, 1998. Amended: Filed June 10, 1999; effective July 15, 1999. Amended: Filed December 9, 1999; effective January 13, 2000. Amended: Filed February 7, 2002; effective March 14, 2002.

For the purposes of this Chapter, the following terms will have the meanings ascribed in this Rule:

(a)"Emission Standard" shall mean a regulation (or portion thereof) setting forth an allowable rate of emissions, level of opacity, or prescribing equipment or fuel specifications that result in control of air pollution emissions.

(b)"Capacity Factor" shall mean the ratio of the average load on a machine or equipment for the period of time considered to the capacity rating of the machine or equipment.

(c)"Excess Emissions" shall mean emissions of an air pollutant in excess of an emission standard.

(d)"Sulfuric Acid Plant" shall mean any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, or acid sludge, but does not include facilities where conversion to sulfuric acid is utilized primarily as a means of preventing emissions to the atmosphere of sulfur dioxide or other sulfur compounds.

(e)"Fossil Fuel-Fired Steam Generator" shall mean a furnace or boiler used in the process of burning fossil fuel for the primary purpose of producing steam by heat transfer.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: October 26, 1976. Amended:

(1)Sources in the following categories which initiated construction prior to August 17, 1971, are subject to the requirements of this Chapter:

(a)Fossil fuel-fired steam generators.

(b)Sulfuric acid plants. Sources in these categories which are constructed after August 17, 1971, are subject to the emission monitoring requirements of Chapter 335-3-10. This Chapter is intended to supplement existing regulations, and no Rule thereof shall be construed to interfere with the enforcement of other provisions of the Alabama Department of Environmental Management.

(2)The Director shall require the owner or operator of an emission source listed in paragraph (1) of this Rule to install, calibrate, operate, and maintain all monitoring equipment necessary for continuously monitoring the pollutants specified in paragraph (3) and (4) of this Rule. The specific source categories listed in paragraph (1) of this Rule must complete the installation and performance testing of monitoring equipment and begin monitoring and recording within eighteen months from the date of the Environmental Protection Agency's approval of these regulations. Within six (6) months of such approval, all affected sources must present a detailed plan for complying with the requirements of this Chapter to the Director. The Director shall condition written approval of such plan upon the requirement that the plan will meet the minimum reporting requirements set forth in Divisions 4 and 5 of Appendix P of 40 CFR 51. More stringent reporting procedures may be required in the Director's discretion.

(3)Fossil fuel-fired steam generators, as defined in this Chapter, with an annual average capacity factor of greater than thirty percent (30%), as reported to the Federal Power Commission for calendar year 1974, or was otherwise demonstrated to the Director by the owner or operator, shall conform with the following monitoring requirements when such facility is subject to an emission standard for the pollutant in question:

(a)A continuous monitoring system for the measurement of opacity shall be installed, calibrated, maintained, and operated by the owner or operator of any such steam generator of greater than 250 million BTU per hour heat input except where:

1.gaseous fuel is the only fuel burned, or

2.oil or a mixture of gas and oil are the only fuels burned and the source is able to comply with the applicable particulate matter and opacity regulations without utilization of particulate matter collection equipment, and where the source has never been found, through any administrative or judicial proceedings, to be in violation of any visible emission standard of the applicable plan.

(b)A continuous monitoring system for the measurement of sulfur dioxide shall be installed, calibrated, maintained, and operated on any fossil fuel-fired steam generator of greater than 250 million BTU per hour heat input which has installed equipment designed for the desulfurization of flue gas.

(c)A continuous monitoring system for the measurement of the percent oxygen or carbon dioxide in stack gases shall be installed, calibrated, operated, and maintained on fossil fuel-fired steam generators where measurements of oxygen or carbon dioxide in the flue gas are required to convert sulfur dioxide continuous emission monitoring data, to units of the emission standard in Chapter 335-3-5.

(4)Sulfuric acid plants, as defined in this Chapter, with greater than 300 tons per day production capacity, the production being expressed as 100 percent (100%) acid, shall install, calibrate, maintain, and operate a continuous monitoring system for the measurement of sulfur dioxide for each sulfuric acid producing facility within such plant.

(5)All monitoring equipment specified in this Chapter shall meet the performance specifications described in Appendix B of 40 CFR 60, except that the Director may from time to time specify different data averaging times and sampling intervals to permit accurate determinations of compliance with specific Air Pollution Control Rules and Regulations. The monitoring equipment shall also be installed, calibrated, operated, and maintained in accordance with the procedures in Appendix B of 40 CFR 60 and the minimum specifications of Division 3 in Appendix P of 40 CFR 51.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: October 26, 1976. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed February 20, 1998; effective March 27, 1998.

(1)Malfunctions of a monitoring system required in this Chapter which last more than forty-eight (48) hours must be reported as expeditiously as possible to the Director in a written report. This report should include statements as to the time the monitor malfunctioned, the nature of the malfunction, the corrective action being taken, the estimated repair time, and any other information needed to demonstrate to the Director that the malfunction was unavoidable. The Director shall be informed of the time at which the monitor again becomes operational.

(2)The Director may temporarily exempt an owner or operator from the monitoring and reporting requirements of this Chapter if it is demonstrated to the Director's satisfaction that the malfunction was unavoidable and is being repaired as expeditiously as possible.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: October 26, 1976. Amended:

(1)Alternative monitoring and reporting requirements may be approved by the Director on a case-by-case basis, provided the following statements and explanations are contained in a written request to the Director:

(a)the basis or reason that alternative monitoring and reporting requirements are desirable and necessary;

(b)a proposal of alternative monitoring and reporting requirements;

(c)any other information needed by the Director to make a determination of the desirability of alternative requirements.

(2)Request for alternative monitoring and reporting requirements may be made in certain situations, including, but not limited to, the following:

(a)when installation of a continuous monitoring system or device required by this Chapter would not provide accurate determinations of emissions;

(b)when the affected facility is operated less than thirty (30) days per year;

(c)when effluents from two (2) or more sources of significantly different design and operating characteristics are combined before release to the atmosphere or when the effluent from one source is released to the atmosphere through more than one (1) point;

(d)when the Director determines that the requirements prescribed by this Chapter would impose an extreme economic burden on the source owner or operator. The determination of an extreme economic burden shall be made on the basis of whether meeting the requirements prescribed by this Chapter would produce serious hardship without equal or greater benefit to the public;

(e)when the monitoring systems prescribed by this Chapter cannot be installed due to physical limitations at the facility. The determination of such limitations shall be made on the basis of whether meeting the requirements prescribed by this Chapter would necessitate significant reconstruction of the facility.

(3)The Director may require the submission of additional information as he deems appropriate to evaluate the request for alternative requirements. Upon making a determination that the source should be subject to alternative monitoring and reporting requirements, the Director may approve either the proposed alternative monitoring and reporting requirements or any other monitoring and reporting requirements that he deems appropriate and feasible.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: October 26, 1976. Amended:

(1)The Director may exempt any source from the requirements of this Chapter if such source is scheduled for permanent shutdown by October 6, 1980 provided that adequate evidence and guarantees are provided to clearly show that the source will cease operations prior to such date.

(2)The Director may grant reasonable extensions of the time provided for installation of monitors for facilities unable to meet the prescribed eighteen (18) month time frame, provided that the owner or operator of such facility demonstrates that good faith efforts have been made to obtain and install such devices within the prescribed time frame.

(3)If, prior to September 11, 1974, an affected source purchased an emission monitor which does not conform to the requirements of Appendix B of 40 CFR 60, then the source may be granted a five (5) year period from the date of the Environmental Protection Agency's approval of this revision, during which time the monitor installed on that source is exempt from applicable performance specifications.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: October 26, 1976.

Meaning of Terms. As used in these rules and regulations, terms referenced in 40 CFR &#167;&#167;60.201, 60.211, 60.221, 60.231, 60.241 shall have the meaning ascribed in this Rule.

Author: Marilyn G. Elliott

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5; 22-22A-6, 22-22A-8.

History: Effective Date: February 28, 1978. Amended:

(1)Applicability. For the purpose of this Rule the affected facility includes any combination of existing evaporators, hotwells, acid sumps, and cooling tanks.

(2)Superphosphoric Acid Plants. No owner or operator shall cause to be discharged into the atmosphere from any affected facility any gases which contain total fluorides in excess of 5.0 g/metric ton of equivalent P2O5 feed (0.010 lb/ton).

(3)Test Methods and Procedures. Reference methods described in 40 CFR 60.214 shall be used to determine compliance with paragraph (2) of this Rule.

Author: Marilyn G. Elliott

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: February 28, 1978. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Applicability. For the purpose of this Rule, the affected facility includes any combination of existing reactors, granulators, dryers, coolers, screens, and mills.

(2)Diammonium Phosphate Plants. No owner or operator shall cause to be discharged into the atmosphere from any affected facility any gases which contain total fluorides in excess of 30 g/metric ton of equivalent P2O5 feed (0.060 lb/ton).

(3)Test Methods and Procedures. Reference methods described in 40 CFR 60.224 shall be used to determine compliance with paragraph (2) of this Rule.

Author: Marilyn G. Elliott

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: February 28, 1978. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Applicability. For the purpose of this Rule the affected facility includes any combination of existing mixers, curing belts (dens), reactors, granulators, dryers, coolers, screens, mills, and facilities which store run-of-pile triple superphosphate.

(2)Triple Superphosphate Plants. No owner or operator shall cause to be discharged into the atmosphere from any affected facility any gases which contain total fluorides in excess of 100 g/metric ton of equivalent P2O5 feed (0.20 lb/ton).

(3)Test Methods and Procedures. Reference methods described in 40 CFR &#167;60.234 shall be used to determine compliance with paragraph (2) of this Rule.

Author: Marilyn G. Elliott

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: February 28, 1978. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Applicability. For the purpose of this Rule, the affected facility includes any combination of existing storage or curing piles, conveyors, elevators, screens, and mills.

(2)Granular Triple Superphosphate Storage Facilities. No owner or operator shall cause to be discharged into the atmosphere from any affected facility any gases which contain total fluorides in excess of 0.25 g/hr/metric ton of equivalent P2O5 stored (5.0 x 10-4 lb/hr/ton of equivalent P2O5 stored).

(3)Test Methods and Procedures. Reference methods described in 40 CFR &#167;60.244 shall be used to determine compliance with paragraph (2) of this Rule.

Author: Marilyn G. Elliott

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: February 28, 1978. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Applicability. For the purpose of this Rule the affected facility includes any combination of existing reactors, filters, evaporators, and hotwells.

(2)Wet Process Phosphoric Acid Plants. No owner or operator shall cause to be discharged into the atmosphere from any affected facility any gases which contain total fluorides in excess of 10.0 g/metric ton of equivalent P2O5 feed (0.020 lb/ton).

(3)Test Methods and Procedures. Reference methods described in 40 CFR &#167;60.204 shall be used to determine compliance with paragraph (2) of this Rule.

Author: Marilyn G. Elliott

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective February 28, 1978. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Air Permit.

(a)Any person building, erecting, altering, or replacing any article, machine, equipment, or other contrivance, the use of which may cause the issuance of or an increase in the issuance of air contaminants or the use of which may eliminate or reduce or control the issuance of air contaminants, shall submit an application for an Air Permit at least 10 days prior to construction.

(b)Before any article, machine, equipment, or other contrivance described in subparagraph (a) of this paragraph may be operated or used, authorization shall be obtained from the Director in the form of an Air Permit. No Permit shall be granted for any article, machine, equipment or contrivance described in subparagraph (a) of this paragraph, constructed or installed without notification as required by subparagraph (a) of this paragraph, until the information required is presented to the Director and such article, machine, equipment or contrivance is altered, if necessary, and made to conform to the standards established by the Department.

(c)Any article, machine, equipment, or other contrivance described in subparagraph (a) of this paragraph which is presently operating (or which is not presently operating but which is capable of being operated) without an Air Permit may continue to operate (or may restart) only if its owner or operator obtains an Air Permit prior to a date to be set by the Director (or prior to restarting).

(d)Display of Air Permit. A person who has been granted an Air Permit for any article, machine, equipment, or other contrivance shall keep such permit under file or on display at all times at the site where the article, machine, equipment, or other contrivance is located and will make such a permit readily available for inspection by any and all persons who may request to see it.

(e)The Director shall have the authority to decide cases where an article, machine, equipment, or other contrivance is not clearly subject to nor exempt from the application of this Rule. In addition, the Director may rule that a particular article, machine, equipment, or other contrivance is subject to the application of this Rule even though it is exempt from the system according to subparagraph (a) of this paragraph and paragraph (5) of this Rule. The operator or builder of such an article, machine, equipment, or other contrivance may appeal the Director's classification to the Commission, which shall overrule the Director only if it is shown that he acted arbitrarily and contrary to the purposes of the Act.

(f)Upon completion of construction by a new facility, the Director shall, within a reasonable period of time, dispatch an inspector to the facility in question. If the inspector determines that the facility has been constructed according to the specifications as set forth under the Air Permit or that any changes to the facility would reduce or affect to an insubstantial degree that quantity of air contaminants emitted by the facility, and if a reviewing officer of the Division agrees with this conclusion, then the Director shall authorize initial operation of the facility until an official inspection of the facility under actual operating conditions can be made and the results reviewed or until the Air Permit is suspended or revoked by the Director. The Director may authorize initial operation of the facility without an inspection if upon completion of the construction, an owner or operator familiar with the application for an Air Permit submits a letter to the Director, testifying that the construction under application has been completed and is in accordance with the specification as set down in the Air Permit. The Director is empowered to reject that testimony if the Director decides that the owner or operator's qualifications are insufficient to allow him to accurately and completely assess the equipment in question. An owner or operator may appeal any such judgment to the Commission.

(g)The Director may issue an Air Permit subject to conditions which will bring the operation of any article, machine, equipment, or other contrivance within the standards of Rule 335-3-14-.03(1) in which case the conditions shall be specified in writing. Commencing construction or operation under such an Air Permit shall be deemed acceptance of all the conditions specified. The Director shall issue an Air Permit with revised conditions upon receipt of a new application, if the applicant demonstrates that the article, machine, equipment, or other contrivance can operate within the standards of Rule 335-3-14-.03(1) under the revised conditions.

(h)Reserved.

(i)Reserved.

(j)Reserved.

(k)An existing facility which holds a Synthetic Minor Operating Permit issued under Chapter 335-3-15 or an Operating Permit issued under Chapter 335-3-16 is exempt from the requirements of this chapter provided that:

1.the Synthetic Minor Operating Permit is modified as required by Chapter 335-3-15 prior to the initial operation of any new or modified sources, or

2.the Operating Permit is modified as required by Chapter 335-3-16 and any modifications are not subject to the requirements of Rule 335-3-14-.04, or

3.for a modification which is subject to the requirements of Rule 335-3-14-.04, the Operating Permit is issued prior to commencement of construction of the modification, and the Operating Permit fulfills all requirements of Rule 335-3-14-.04, or

4.the Operating Permit is modified as required by Chapter 335-3-16 and any modifications are not subject to the requirements of Rule 335-3-14-.05, or

5.for a modification which is subject to the requirements of Rule 335-3-14-.05, the Operating Permit is issued prior to commencement of construction of the modification, and the Operating Permit fulfills all requirements of Rule 335-3-14-.05.

(2)Provision of Sampling and Testing Facilities. A person operating or using any article, machine, equipment or other contrivance for which these rules and regulations require a permit shall provide and maintain such sampling and testing facilities as specified in the Air Permit.

(3)The holder of a Permit under this Rule shall comply with conditions contained in such Permit as well as all applicable provisions of these rules and regulations.

(4)Transfer. An Air Permit shall not be transferable whether by operation of law or otherwise, either from one location to another, from one piece of equipment to another, or from one person to another.

(5)Exemptions. From time to time the Director may specify certain classes or sizes of articles, machines, equipment, or other contrivances which would normally be subject to the requirements to apply for an Air Permit as being exempt from the requirement to apply for such permits. Exempt sources are subject in every other way to these rules and regulations.

(6)Delegation of Air Permit requirements to Local Air Pollution Control Programs.

(a)Local air pollution control programs may receive delegation of authority from the Director to administer the general Air Permit requirements of paragraph (1) of this Rule within their jurisdiction provided the local air pollution control program:

1.adopts regulations insuring applicants are required to satisfy the same requirements as contained in the Department's regulations; and

2.adopts regulations which require the Director to be provided with an opportunity to review the permit application, the analysis of the permit, and proposed permit conditions at least 10 days prior to issuance of an Air Permit.

(b)Local air pollution control programs may receive delegation of authority from the Director to administer the Air Permit requirements of Rules 335-3-14-.05 and 335-3-14-.04 within their jurisdiction provided:

1.the requirements of subparagraph (a)1. of this paragraph are met; and

2.the local air pollution control program demonstrates that it has the necessary manpower and technical expertise to implement the requirements of said regulations; and

3.the local air pollution control program adopts regulations which require that the local air pollution control program shall provide the Director a copy of preliminary determinations and public comment notices for all permits issued pursuant to Rules 335-3-14-.05 and 335-3-14-.04 at the same time the notice is forwarded for publication in the newspaper.

(c)If the Director of ADEM determines that local program procedures for implementing all the portions of Rules 335-3-14-.01(1), 335-3-14-.04, and 335-3-14-.05 are inadequate, or are not being effectively carried out, any authority delegated to the local programs to administer Rules 335-3-14-.01(1), 335-3-14-.04, and 335-3-14-.05 may be revoked in whole or in part. Any such revocation shall be effective as of the date specified in a Notice of Revocation to the local air pollution control program.

(d)The Director reserves the authority contained in Rule 335-3-14-.02(4), to revoke any Air Permit issued pursuant to this Rule.

(e)Any Air Permit issued by a local air pollution control program, including all conditions contained therein, is enforceable by the ADEM.

(7)Public Participation.

(a)Notice shall be given by publication in a newspaper of general circulation in the area where the source is located or in a State publication designed to give general public notice and also to persons on a mailing list developed by the Department for persons desiring notice of permit action, including persons who have requested in writing to be on such a list, under the following circumstances:

1.Construction at a Greenfield Site.

(i)For the purposes of this paragraph, a "Greenfield Site" shall mean a new development or the initial operation of a new facility.

2.The Director, at his discretion, may require Public Notification for any application received in accordance with subparagraph (1)(a) of this Rule.

(b)Public comments will be received by the Department for a period of 15 days following the publication of the public notice.

(c)Public Notice will be held in accordance with the requirements of Rules 335-3-14-.04, 335-3-14-.05, or 335-3-14-.06 for any application which is subject to the requirements of Rules 335-3-14-.04, 335-3-14-.05, or 335-3-14-.06, respectively.

(d)Construction of any article, machine, equipment, or other contrivance as described in subparagraph (1)(a) of this Rule shall not commence until after an Air Permit is issued if a public notice is required under this Rule.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: January 18, 1972. Amended: April 3, 1979; February 13, 1985; December 28, 1993. Amended: Filed November 23, 1993; effective December 28, 1993. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed February 20, 1998; effective March 27, 1998.

(1)Applications. Every application for an Air Permit required under Rule 335-3-14-.01(1) shall be filed in the manner and form prescribed by the Director and shall give all the information necessary to enable the Director to make the determination required by Rule 335-3-14-.03.

(a)Cancellation of Applications. An Air Permit authorizing construction shall expire and the application shall be canceled two years from the date of issuance of the Air Permit if the construction has not begun.

(2)Action on Application. The Director shall act, within a reasonable time, on an application for an Air Permit and shall notify the applicant in writing of its approval, conditional approval, or denial.

(3)Denial of Application. In the event of a denial of an Air Permit, the Director shall notify the applicant in writing of the reason therefor. Service of this notification may be made in person or by mail, and such service may be proved by the written acknowledgment of the persons served or affidavit of the person making the service. The Director shall not accept a further application unless the applicant has complied with the objections specified by the Director as its reasons for denial of the Air Permit.

(4)Revocation of Air Permits. Any Air Permit granted by the Director may be revoked for any of the following causes:

(a)failure to comply with any conditions of the permit;

(b)failure to notify the Director prior to intended use or operation of any article, machine, equipment, or other contrivance described in Rule 335-3-14-.01(1)(a);

(c)failure to establish and maintain such records, make such reports, install, use and maintain such monitoring equipment or methods; and sample such emissions in accordance with such methods at such locations, intervals and procedures as the Director may prescribe in accordance with Rule 335-3-1-.04(2);

(d)failure to comply with any provisions of any Departmental administrative order issued concerning the permitted source or facility.

(e)failure to allow employees of the Department upon proper identification:

1.to enter any premises where any article, machine, equipment, or other contrivance described in Rule 335-3-14-.01(1) is located or in which any records are required to be kept under provisions of the permit and/or the rules and regulations;

2.to have access to and copy any records required to be kept under provisions of the permit and/or the rules and regulations;

3.to inspect any monitoring equipment or practices being maintained pursuant to the permit and/or rules and regulations; and

4.to have access to and sample any discharge of air contaminants resulting directly or indirectly from the operation of any article, machine, equipment, or other contrivance described in Rule 335-3-14-.01(1).

(f)failure to comply with the rules and regulations of the Department.

(g)for any other cause, after a hearing which establishes, in the judgment of the Department, that continuance of the permit is not consistent with the purpose of this Act or regulations under it.

(5)Expiration of Air Permits. Air Permits shall expire immediately following:

(a)the issuance of a Synthetic Minor Operating Permit required by Chapter 335-3-15 or an Operating Permit required by Chapter 335-3-16 which pertains to the article, machine, equipment, or other contrivance regulated by the Air Permit.

(b)the final denial of a Synthetic Minor Operating Permit required by Chapter 335-3-15 or an Operating Permit required by Chapter 335-3-16 which pertains to the article, machine equipment, or other contrivance regulated by the Air Permit.

(c)the failure of a facility to apply for a Synthetic Minor Operating Permit or modification to an existing Synthetic Minor Operating Permit as required by Chapter 335-3-15 or the failure of a facility to apply for an Operating Permit or modification to an existing Operating Permit as required by Chapter 335-3-16.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective January 18, 1972. Amended: April 3, 1979; February 13, 1985. Amended: Filed November 23, 1993; effective December 28, 1993. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed August 3, 2000; effective September 7, 2000.

(1)General Standards.

(a)The Director shall deny a permit if the applicant does not show that every article, machine, equipment, or other contrivance, the use of which may cause the issuance of air contaminants, is so designed, controlled, or equipped with such air pollution control equipment, that it may be expected to operate without emitting or without causing to be emitted air contaminants in violation of these rules and regulations.

(b)The Director shall deny a permit if the applicant does not present, in writing, a plan whereby the emission of air contaminants by every article, machine, equipment, or other contrivance described in the permit application, will be reduced during periods of an Air Pollution Alert, Air Pollution Warning, and Air Pollution Emergency in accordance with the provisions of Chapter 335-3-2, where such a plan is required.

(c)Before an Air Permit is granted, the Director may require the applicant to provide and maintain such facilities as are necessary for sampling and testing purposes in order to secure information that will disclose the nature, extent, quantity or degree of air contaminants discharged into the atmosphere from the article, machine, equipment, or other contrivance described in the Air Permit. In the event of such a requirement, the Director shall notify the applicant in writing of the required size, number, and location of the sampling platform; the access to the sampling platform; and the utilities for operating and sampling and testing equipment.

(d)The Director may also require the applicant to install, use, and maintain such monitoring equipment or methods; sample such emissions in accordance with such methods, at such locations, intervals, and procedures as may be specified; and provide such information as the Director may require.

(e)Before acting on an application for an Air Permit, the Director may require the applicant to furnish further information or further plans or specifications.

(f)If the Director finds that the article, machine, or other contrivance has been constructed not in accordance with the Air Permit, and if the changes noted are of a substantial nature in that the amount of air contaminants emitted by the article, machine, equipment, or other contrivance may be increased, or in that the effect is unknown, then he shall revoke the Air Permit. The Director shall not accept any further application for an Air Permit until the article, machine, equipment, or other contrivance has been reconstructed in accordance with said Air Permit or until the applicant has proven to the satisfaction of the Director that the change will not cause an increase in the emission of air contaminants.

(g)The Director shall deny an Air Permit where he determines that the construction and operation of such source will interfere with attaining or maintaining any primary or secondary standard established by Rule 335-3-1-.03(1). A new source or modification will be considered to interfere with attaining or maintaining a standard when such source or modification would, at a minimum, exceed the following significance levels at any locality that does not or would not meet the NAAQS:

<table width="100%"> Averaging Time Pollutant Annual 24 hours 8 hours 3 hours 1 hour SO2 1.0 &#109; g/m3 5 &#109; g/m3 25 &#109; g/m3 PM10 1.0 &#109; g/m3 5 &#109; g/m3 NO2 1.0 &#109; g/m3 CO 0.5 mg/m3 2 mg/m3 </table>

1.A proposed major source or major modification subject to this Paragraph may reduce the impact of its emissions upon air quality by obtaining sufficient emissions reductions to, at a minimum, compensate for its adverse ambient impact where this impact would otherwise cause or contribute to a violation of any national ambient air quality standard or exceed the significance levels of subparagraph (g)1. of this paragraph above. In the absence of such emission reductions, the Director shall deny the proposed construction.

2.The requirements of subparagraph (g) of this paragraph shall not apply to a major stationary source or major modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant, the source or modification is located in an area designated as nonattainment pursuant to Section 107 of the federal Clean Air Act.

(h)EXCEPTION to violations of emissions limits.

1.The Director may, in the Air Permit, exempt on a case by case basis any exceedances of emission limits which cannot reasonably be avoided, such as during periods of start-up, shut-down or load change.

2.Emergency provision.

(i)An "emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the control of the facility, including acts of God, which situation require immediate corrective action to restore normal operation, and that causes the facility to exceed a technology based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error.

(ii)Exceedances of emission limitations during emergencies (as defined above) at a facility may be exempted as being violations provided that:

(I)the permittee can identify the cause(s) of the emergency;

(II)the permitted facility was at the time being properly operated;

(III)during the period of the emergency, the permittee took all reasonable steps to minimize levels of emissions that exceeded the emission standards, or other requirements of the permit;

(IV)the permittee submitted notice of the emergency to the Department within 2 working days of the time when the emissions limitations were exceeded due to the emergency; and

(V)the permittee immediately documented the emergency exceedance in an "Emergency Log", which shall be maintained for 5 years in a form suitable for inspection upon request by a representative of the Department.

(iii)The Director shall be the sole determiner of whether an emergency has occurred.

(iv)This provision is in addition to any emergency or upset provision contained in any applicable requirement.

(i)A determination may be made by the Director to deny a permit application if the applicant operates other permitted facilities or sources within the state which are in substantial noncompliance as determined by the Director, until such noncompliance is corrected or if the Director determines that a permit that results in compliance with applicable air pollution control standards could not be issued, or if issued, could not be complied with.

(2)Stack Heights.

(a)Definitions. For purposes of this paragraph, the following words and phrases, unless a different meaning is plainly required by the context, shall have the following meanings:

1."Emission limitation" and "emission standard" mean a requirement, established by ADEM or the EPA Administrator, which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction.

2."Stack" means any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct but not including flares.

3."A stack in existence" means that the owner or operator had (1) begun, or caused to begin, a continuous program of physical on-site construction of the stack or (2) entered into binding agreements or contractual obligations, which could not be canceled or modified without substantial loss to the owner or operator, to undertake a program of construction of the stack to be completed in a reasonable time.

4."Dispersion technique" means any technique which attempts to affect the concentration of a pollutant in the ambient air by:

(i)Using that portion of a stack which exceeds good engineering practice stack height;

(ii)Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or

(iii)Increasing final exhaust gas plume rise by manipulating source-process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one stack; or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise.

(iv)The preceding sentence does not include:

(I)The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream;

(II)The merging of exhaust gas streams where:

I.The source owner or operator demonstrates that the facility was originally designed and constructed with such merged gas streams:

II.After July 8, 1985, such merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion from the definition of "dispersion techniques" shall apply only to the emission limitation for the pollutant affected by such change in operation; or

III.Before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emissions control equipment or was carried out for sound economic or engineering reasons. Where there was an increase in the emission limitation or, in the event that no emission limitation was in existence prior to the merging, an increase in the quantity of pollutants actually emitted prior to the merging, the Director shall presume that merging was significantly motivated by an intent to gain emissions credit for greater dispersion. Absent a demonstration by the source owner or operator that merging was not significantly motivated by such intent, the Director shall deny credit for the effects of such merging in calculating the allowable emissions for the source:

(III)Smoke management in agricultural or silvicultural prescribed burning programs:

(IV)Episodic restrictions on residential woodburning and open burning; or

(V)Techniques under subparagraph (a)4.(iii) of this paragraph which increase final exhaust gas plume rise where the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year.

5."Good engineering practice" (GEP) stack height means the greater of:

(i)65 meters measured from the ground-level elevation at the base of the stack:

(ii)For stacks in existence on January 12, 1979, and for which the owner or operator had obtained all applicable permits or approvals required under 40 CFR 51 and 52, provided the owner or operator produces evidence that this equation was actually relied on in establishing an emission limitation;

<img src="Image2450.gif"/> (I)For all other stacks,

<img src="Image2451.gif"/> where:

Hg = good engineering practice stack height measured from the ground-level elevation at the base of the stack,

H = height of nearby structure(s) measured from the ground-level elevation at the base of the stack,

L = lesser dimension, height or projected width of nearby structure(s), provided that the Director may require the use of a field study or fluid model to verify GEP stack height for the source; or

(iii)The height demonstrated by a fluid model or a field study approved by the Director, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures, or nearby terrain features.

6."Nearby" as used in subparagraph (a)5. of this paragraph is defined for a specific structure or terrain feature and

(i)for purposes of applying the formulas provided in subparagraph (a)5.(ii) of this paragraph means that distance up to five times the lesser of the height or the width dimension of a structure, but not greater than 0.8 km (½ mile); and

(ii)for conducting demonstrations under subparagraph (a)5.(iii) of this paragraph means not greater than 0.8 km (½ mile), except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to 10 times the maximum height (ht) of the feature, not to exceed 2 miles if such feature achieves a height (ht) 0.8 km from the stack that is at least 40 percent of the GEP stack height determined by the formula provided in subparagraph (a)5.(ii)(I) of this paragraph or 26 meters, whichever is greater, as measured from the ground-level elevation at the base of the stack. The height of the structure or terrain feature is measured from the ground-level elevation at the base of the stack.

7."Excessive concentration" is defined for the purpose of determining GEP stack height under subparagraph (a)5.(iii) of this paragraph and means:

(i)for sources seeking credit for stack height exceeding that established under subparagraph (a)5.(ii) of this paragraph, a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and which contributes to a total concentration due to emissions from all sources that is greater than a NAAQS. For sources subject to the PSD program (Rule 335-3-14-.04), an excessive concentration alternatively means a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features which individually is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and greater than a prevention of significant deterioration increment. The allowable emissions rate to be used in making demonstrations under this Rule shall be prescribed by the new source performance standard that is applicable to the source category unless the owner or operator demonstrates that this emission rate is infeasible. Where such demonstrations are approved by the Director, an alternative emission rate shall be established in consultation with the source owner or operator;

(ii)for sources seeking credit after October 11, 1983, for increases in existing stack heights up to the heights established under subparagraph (a)5.(ii) of this paragraph, either:

(I)a maximum ground-level concentration due in whole or part to downwash, wakes, or eddy effects as provided in subparagraph (a)7.(i) of this paragraph, except that the emission rate specified elsewhere in these regulations (or, in the absence of such a limit, the actual emission rate) shall be used, or

(II)the actual presence of a local nuisance caused by the existing stack, as determined by the Director; and

(iii)for sources seeking credit after January 12, 1979, for a stack height determined under subparagraph (a)5.(ii) of this paragraph where the Director requires that use of a field study or fluid model to verify GEP stack height, for sources seeking stack height credit after November 9, 1984, based on the aerodynamic influence of cooling towers, and for sources seeking stack height credit after December 31, 1970, based on the aerodynamic influence of structures not adequately represented by the equations in subparagraph (a)5.(ii) of this paragraph, a maximum ground-level concentration due in whole or part to downwash, wakes, or eddy effects that is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects.

(b)Before acting on any Air Permit, the Director shall require that the degree of emission limitation required of any source for control of any air pollutants shall not be affected by so much of any source's stack height that exceeds GEP or by any other dispersion technique, except as provided in subparagraph (c) of this paragraph below.

(c)The provisions of subparagraph (b) above shall not apply to stack heights in existence, or dispersion techniques implemented, prior to December 31, 1970, except where pollutants are being emitted from such stacks or using such dispersion techniques by sources, as defined in Section 111(a)(3) of the Clean Air Act, which were constructed, or reconstructed or for which major modifications, as defined pursuant to Rules 335-3-14-.05(2)(d) and 335-3-14-.04(2)(b), were carried out after December 31, 1970.

(d)If any existing source, after appropriate application of the preceding limitations and provisions, is found to exceed or potentially exceed a NAAQS or PSD increment, when operating within previously established emission limitations, the emissions limitations applicable to that source shall be modified so as to eliminate and prevent the exceedance.

(e)If any new source or source modification, after appropriate application of the preceding limitations and provisions, is predicted to exceed a NAAQS or PSD increment when evaluated under emission limitations consistent with other applicable rules and regulations, the emission limitations considered shall be deemed inadequate and different emission limits, based on air quality considerations, shall be made applicable.

(f)If any source provides a field study or fluid modeling demonstration proposing a GEP stack height greater than that allowed by subparagraphs (a)5.(i) and (a)5.(ii) of this paragraph, then the public will be notified of the availability of the study and provided the opportunity for a public hearing before any new or revised emission limitation or permit is approved.

(g)The actual stack height used or proposed by a source shall not be restricted in any manner by requirements of this paragraph.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective January 18, 1972. Amended: April 3, 1979; February 13, 1980; March 24, 1981; March 23, 1982; February 13, 1985; November 13, 1985; September 18, 1986; June 9, 1987; May 4, 1988; September 21, 1989; November 1, 1990; October 30, 1992. Amended: Filed November 23, 1993; effective December 28, 1993. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed August 3, 2000; effective September 7, 2000.

(1)Effective Date. The requirements of this Rule shall be effective upon approval by the Environmental Protection Agency (EPA).

(2)Definitions. For the purposes of this Rule only, the following terms will have meanings ascribed in this paragraph:

(a)"Major Stationary Source" shall mean:

1.Any of the following stationary sources [see subparagraph (e) of this paragraph] of air pollutants which emits, or has the potential to emit [see subparagraph (d) of this paragraph], 100 tons per year or more of any pollutant subject to regulation under the CAA, as amended, 42 U.S.C. 7401, etseq.:

carbon black plants (furnace process);charcoal production plants;chemical process plants;coal cleaning plants (with thermal dryers);coke oven batteries;fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input;fossil fuel boilers (or combinations thereof) totaling more than 250 million British thermal units per hour heat input;fuel conversion plants;glass fiber processing plants; andhydrofluoric acid plants;sulfuric acid plants;nitric aid plants;iron and steel mill plants;kraft pulp mills;lime plants;municipal incinerators capable of charging more than 250 tons of refuse per day;petroleum refineries;petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;phosphate rock processing plants;portland cement plants;primary aluminum ore reduction plants;primary copper smelters;primary lead smelters;primary zinc smelters;secondary metal production plants;sintering plants;sulfur recovery plants;taconite ore processing plants;

(i)Notwithstanding the stationary source size specified in subparagraph (a)1.(i) of this paragraph, any stationary source which emits, or has the potential to emit, 250 tons per year or more of any air pollutant subject to regulation under the CAA; or

(ii)Any physical change that would occur at a stationary source not otherwise qualifying under this Rule as a major stationary source, if the changes would constitute a major stationary source by itself.

2.A stationary source that is considered major for VOC shall be considered major for ozone.

(b)"Major Modification" shall mean any physical change in or change in the method of operation of a major stationary source that would result in a significant [see subparagraph (w) of this paragraph] net emissions increase [see subparagraph (c) of this paragraph] of any pollutant subject to regulation under the CAA.

1.Any net emissions increase that is significant for VOC shall be considered significant for ozone.

2.A physical change or change in the method of operation shall not include:

(i)Routine maintenance, repair and replacement;

(ii)Use of an alternative fuel or raw material by reason of an order under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (P.L. 93-319, 15 U.S.C. 791 note) or any superseding legislation, or by reason of a natural gas curtailment plan pursuant to the Federal Power Act (June 10, 1920, P.L. 280, 16 U.S.C. 791a);

(iii)Use of an alternative fuel by reason of an order or rule under Section 125 of the CAA;

(iv)Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;

(v)Use of an alternative fuel or raw material by a stationary source which:

(I)The source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any enforceable permit condition which was established after January 6, 1975.

(II)The source is approved to use under any permit issued under the Federal Prevention of Significant Deterioration ("PSD") regulations (40 CFR 52.21) or under regulations of this Rule;

(vi)An increase in the hours of operation or in the production rate, unless such change would be prohibited under any enforceable permit condition which was established after January 6, 1975.

(vii)Any change in ownership at a stationary source.

(c)"Net Emissions Increase" shall mean the amount by which the sum of the following exceeds zero:

1.Any increase in actual emissions [see Paragraph 335-3-14-.04(2)(u)] from a particular physical change or change in method of operation at a stationary source; and

2.Any other increases and decreases in actual emissions at the source that are contemporaneous with the particular change and are otherwise creditable.

(i)An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between:

(I)The date five (5) years before construction [see subparagraph (h) of this paragraph] on the particular change commences [see) subparagraph (i) of this paragraph]; and

(II)The date that the increase from the particular change occurs.

(ii)An increase or decrease in actual emissions is creditable only if the Director has not relied on it in issuing a permit for the source under this Rule, which is in effect when the increase in actual emissions from the particular change occurs.

(iii)An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxides which occurs before the applicable minor source baseline date [see subparagraph (n)2. of this paragraph] is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available. With respect to particulate matter, only PM10 emissions can be used to evaluate the net emissions increase for PM10.

(iv)An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.

(v)A decrease in actual emissions is creditable only to the extent that:

(I)The old level of actual emissions or the old level of allowable emissions [see subparagraph (p) of this paragraph], whichever is lower, exceeds the new level of actual emissions;

(II)It is enforceable [see subparagraph (q) of this paragraph], at and after the time that actual construction on the particular change begins; and

(III)It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

(vi)An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.

(d)"Potential To Emit" shall mean the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is enforceable. Secondary emissions [see Paragraph 335-3-14-.04(2)(r)] do not count in determining the potential to emit of a stationary source.

(e)"Stationary Source" shall mean any building, structure, facility, or installation which emits or may emit any air pollutant subject to regulation under the CAA.

(f)"Building, Structure, Facility, or Installation" shall mean all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant- emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., all have the same two digit code) as described in the Standard Industrial Classification Manual.

(g)"Emissions Unit" shall mean any part of a stationary source which emits or would have the potential to emit any pollutant subject to regulation under the CAA.

(h)"Construction" shall mean any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) which would result in a change in actual emissions.

(i)"Commence" as applied to construction of a major stationary source or major modification shall mean that the owner or operator has all necessary preconstruction approvals or permits [see subparagraph (j) of this paragraph] and either has:

1.Begun, or caused to begin, a continuous program of actual on-site construction [see subparagraph (k) of this paragraph] of the source, to be completed within a reasonable time; or

2.Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.

(j)"Necessary Preconstruction Approvals or Permits" shall mean those permits or approvals required under Alabama air quality control laws and regulations which are part of the State Implementation Plan.

(k)"Begin Actual Construction" shall mean, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying underground pipework and construction of permanent storage structures. With respect to a change in method of operations, this term refers to those on-site activities other than preparatory activities which mark the initiation of the change.

(l)"Best Available Control Technology (BACT)" shall mean an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each pollutant subject to regulation under the CAA which would be emitted from any proposed major stationary source or major modification which the Director, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of BACT result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR 60 and 61. If the Director determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof may be prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice, or operation and shall provide for compliance by means which achieve equivalent results.

(m)"Baseline Concentration" shall mean that ambient concentration level which exists in the baseline area [see subparagraph (o) of this paragraph] at the time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include:

1.The actual emissions representative of sources in existence on the applicable minor source baseline date, except as provided in subparagraph (m)3. of this paragraph;

2.The allowable emissions of major stationary sources which commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date.

3.The following will not be included in the baseline concentration and will affect the applicable maximum allowable increase(s):

(i)Actual emissions from any major stationary source on which construction commenced after the major source baseline date; and

(ii)Actual emissions increases and decreases at any stationary source occurring after the minor source baseline date.

(n)"Major Source Baseline Date" means: in the case of particulate matter and sulfur dioxide, January 6, 1975; and, in the case of nitrogen dioxide, the major source baseline date is February 8, 1988.

1."Minor Source Baseline Date" means the earliest date after the trigger date on which the first complete [see subparagraph (v) of this paragraph], application is submitted by a major stationary source or major modification subject to the requirements of Federal PSD regulations or this Chapter. The trigger date is:

(i)In the case of particulate matter and sulfur oxides, August 7, 1977, and

(ii)In the case of nitrogen dioxide, February 8, 1988.

2.The baseline date is established for each pollutant for which increments or other equivalent measures have been established if:

(i)The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under Section 107(d)(1)(D) or (E) of the CAA for the pollutant on the date of its complete application under Federal PSD regulations or this Rule.

(ii)In the case of a major stationary source, the pollutant would be emitted in significant amounts or, in the case of a major modification, there would be a significant net emissions increase of the pollutant.

3.Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments.

(o)"Baseline Area" shall mean any intrastate area (and every part thereof) designated as attainment or unclassifiable under Section 107(d)(1)(D) or (E) of the CAA in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact equal to or greater than one (1) microgram per cubic meter (annual average) of the pollutant for which the minor source baseline date is established.

1.Any baseline area established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments.

(p)"Allowable Emissions" shall mean the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:

1.The applicable standards as set forth in 40 CFR 60 and 61;

2.The applicable State Implementation Plan emissions limitation, including those with a future compliance date; or

3.The emissions rate specified as an enforceable permit condition, including those with a future compliance date.

(q)"Enforceable" shall mean all limitations and conditions which are enforceable, including those requirements developed pursuant to 40 CFR 60 and 61, requirements within the State Implementation Plan and any permit requirements established pursuant to 40 CFR &#167;51.18, 40 CFR &#167;52.21 or this Chapter.

(r)"Secondary Emissions" shall mean emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of this Rule, secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions may include, but are not limited to:

1.Emissions from ships or trains coming to or from the new or modified stationary source; and

2.Emissions from any off-site support facility which would not otherwise be constructed or increase its emissions as a result of the construction or operation of the major stationary source or major modification.

(s)"Innovative Control Technology" shall mean any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air quality environmental impacts.

(t)"Fugitive Emissions" shall mean those emissions which could not reasonably pass through a stack, chimney, vent, roof monitor, or other functionally equivalent opening.

(u)"Actual Emissions" shall mean the actual rate of emissions of a pollutant from an emissions unit, as determined in accordance with subparagraphs (u)1. through (u)3. below.

1.In general, actual emissions as of any given date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a two-year period which precedes the given data and which is representative of normal source operation. The Director shall allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

2.The Director may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.

3.For any emissions unit which has not begun normal operations on the given date as determined in subparagraph (u)1., actual emissions shall equal the potential to emit of the unit on that date.

(v)"Complete" shall mean, in reference to an application for a permit, that the application contains all of the information necessary for processing the application.

(w)"Significant" shall mean, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

PollutantEmissions Rate (tons per year)

<table width="100%"> Carbon monoxide??????????????????????????????. 100 Nitrogen oxides??????????????????????????????. 40 Sulfur dioxide???????????????????????????????. 40 Particulate matter???????????????????????????. 25 PM10 ?????????????????????????????????????????. 15 Ozone????????????????????????????????????????. 40 (of VOC) Lead?????????????????????????????????????????. 0.6 Fluorides????????????????????????????????????. 3 Sulfuric acid mist???????????????????????????. 7 Hydrogen sulfide (H2S)???????????????????????. 10 Total reduced sulfur (including H2S)?????????. 10 Reduced sulfur compounds (including H2S)?????. 10 Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans)?????????. 3.5 x 10-6 Municipal waste combustor metals (measured as particulate matter)??????????????????????????. 15 Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride)?????. 40 Municipal solid waste landfill emissions (measured as nonmethane organic compounds)???. 50 </table>

1.Reserved.

2.Notwithstanding subparagraph (w) above, significant shall mean any emissions rate or any net emissions increase associated with a major stationary source or major modification which would construct within ten (10) kilometers of a Class I area and have an impact on such area equal to or greater than one (1) microgram per cubic meter (24-hour average).

(x)"Federal Land Manager" shall mean, with respect to any lands in the United States, the Secretary of the Department with authority over such lands.

(y)"High Terrain" shall mean any area having an elevation 900 feet or more above the base of the stack of a source.

(z)"Low Terrain" shall mean any area other than high terrain.

(aa)"Indian Governing Body" shall mean the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self-government.

(bb)"Indian Reservation" shall mean any Federally recognized reservation established by Treaty, Agreement, Executive Order, or Act of Congress.

(cc)"Adverse Impact on Visibility" means visibility impairment which interferes with the management, protection, preservation or enjoyment of the visitor's visual experience of the Federal Class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency and time of visibility impairments, and how these factors correlate with (1) times of visitor use of the Federal Class I area, and (2) the frequency and timing of natural conditions that reduce visibility.

(dd)"Visibility Impairment" means any humanly perceptible change in visibility (visual range, contrast, coloration) from that which would have existed under natural conditions.

(ee)"Natural Conditions" includes naturally occurring phenomena that reduce visibility as measured in terms of visual range, contrast, or coloration.

(ff)"Environmentally Beneficial Activity" shall mean:

1.Any activity or project undertaken at an existing emissions unit which, as its primary purpose, reduces emissions of air pollutants from such unit, and is limited to the installation or modification of any of the following:

(i)Conventional or advanced flue gas desulfurization, or sorbent injection for SO2;

(ii)Electrostatic precipitators, baghouses, high efficiency multiclones, or scrubbers for particulate matter or other pollutants;

(iii)Flue gas recirculation, low-NOX burners, selective non-catalytic reduction or selective catalytic reduction for NOX;

(iv)Regenerative thermal oxidizers, catalytic oxidizers, condensers, thermal incinerators, flares, carbon adsorbers, or combustion devices installed or modified to comply with hazardous emission standards for volatile organic compounds or hazardous air pollutants;

(v)Activities or projects undertaken to accommodate switching to an inherently less polluting fuel, including but not limited to natural gas or coal reburning, or the cofiring of natural gas and other inherently less polluting fuels, for the purpose of controlling emissions, and including any activity that is necessary to accommodate switching to an inherently less polluting fuel;

(vi)Pollution prevention projects which the Director determines to be environmentally beneficial.

(vii)Installation or modification of a technology other than those listed in subparagraphs (ff)1.(i) through (v), for the purposes set forth in subparagraph (ff)1., which has demonstrated an effectiveness at reducing emissions and is determined by the Director to be environmentally beneficial.

2.Environmentally beneficial projects do not include:

(i)The replacement of an existing emissions unit with a newer or different unit;

(ii)Reconstruction of an existing emissions unit;

(iii)Pollution prevention projects which result in an increased risk from the release of hazardous air pollutants;

(iv)Any project which would result in the increased production of an existing emissions unit.

(v)Any project which reduces emissions solely by transferring them to or from another media.

(vi)Any project which would cause an exceedance of an existing enforceable emissions limitation which was established to avoid applicability of the requirements of this Rule.

(gg)"Pollution Prevention Projects" shall mean any activity that through process changes, product reformulation or redesign, or substitution of less polluting raw materials, eliminates or reduces the release of air pollutants (including fugitive emissions) and other pollutants to the environment prior to recycling, treatment, or disposal. It does not mean recycling (other than certain "in-process recycling" practices), energy recovery, treatment, or disposal.

(3)Ambient Air Increments. In areas designated as Class I, II or III, increases in pollutant concentration over the baseline shall be limited to the following:

<table width="100%"> Area Pollutant Maximum Allowable Increase (micrograms per cubic meter) Class I PM10: Annual arithmetic mean4 24-hour maximum8 Sulfur dioxide: Annual arithmetic mean2 24-hour maximum5 3-hour maximum25 Nitrogen dioxide: Annual arithmetic mean2.5 Class II PM10: Annual arithmetic mean17 24-hour maximum30 Sulfur dioxide: Annual arithmetic mean20 24-hour maximum91 3-hour maximum512 Nitrogen dioxide: Annual arithmetic mean25 Class III PM10: Annual arithmetic mean34 24-hour maximum60 Sulfur dioxide: Annual arithmetic mean40 24-hour maximum182 Sulfur dioxide: 3-hour maximum700 Nitrogen dioxide: Annual arithmetic mean50 </table>

For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period per year at any one location.

(4)Ambient Air Ceilings. No concentration of a pollutant shall exceed:

(a)The concentration permitted under the National Secondary Ambient Air Quality Standard, or

(b)The concentration permitted under the National Primary Ambient Air Quality Standard, whichever concentration is lowest for the pollutant for a period of exposure.

(5)Area Classifications.

(a)The following area, which was in existence on August 7, 1977, shall be a Class I area and may not be redesignated:

1.The Sipsey Wilderness Area, located in Franklin, Winston, and Lawrence counties, Alabama.

(b)Any other area is initially designated Class II:

(6)Exclusions from Increment Consumption.

(a)The following concentrations shall be excluded in determining compliance with a maximum allowable increase:

1.Concentrations attributable to the increase in emissions from stationary sources which have converted from the use of petroleum products, natural gas, or both by reason of an order in effect under Section 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) over the emissions from such sources before the effective date of such an order;

2.Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason of a natural gas curtailment plan in effect pursuant to the Federal Power Act over the emissions from such sources before the effective date of such plan;

3.Concentrations of PM10 attributable to the increase in emissions from construction or other temporary emission-related activities of new or modified sources;

4.The increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentration; and

5.Concentrations attributable to the temporary increase in emissions of sulfur dioxide, PM10, or nitrogen oxides from stationary sources which are affected by plan revisions approved by the EPA as being exempt from increment consumption.

(b)No exclusion of such concentrations shall apply for more than five (5) years after the effective date of the order to which subparagraph (a)1. of this paragraph or the plan to which subparagraph (a)2. of this paragraph refers, whichever is applicable. If both such order and plan are applicable, no such exclusion shall apply for more than five (5) years after the later of such effective dates.

(7)Reserved.

(8)Review of Major Stationary Sources and Major Modification - Source Applicability and Exemptions.

(a)No major stationary source or major modification shall begin actual construction unless, as a minimum, requirements contained in paragraphs (9) through (17) of this Rule have been met.

(b)The requirements contained in paragraphs (9) through (17) shall apply to any major stationary source and any major modification with respect to each pollutant subject to regulation under the CAA that it would emit, except as this Rule would otherwise allow.

(c)The requirements contained in paragraphs (9) through (17) apply only to any major stationary source or major modification that would be constructed in an area designated as attainment or unclassified under Section 107(d)(1)(D) or (E) of the CAA.

(d)The requirements contained in paragraphs (9) through (17) shall not apply to a major stationary source or major modification, if:

1.Reserved.

2.Reserved.

3.Reserved.

4.Reserved.

5.Reserved.

6.The source or modification would be a nonprofit health or nonprofit educational institution, or a major modification would occur at such an institution; or

7.The source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification, and the source does not belong to any of the following categories:

(i)Coal cleaning plants (with thermal dryers);

(ii)Kraft pulp mills;

(iii)Portland cement plants;

(iv)Primary zinc smelters;

(v)Iron and steel mills;

(vi)Primary aluminum ore reduction plants;

(vii)Primary copper smelters;

(viii)Municipal incinerators capable of charging more than 250 tons of refuse per day;

(ix)Hydrofluoric, sulfuric or nitric acid plants;

(x)Petroleum refineries;

(xi)Lime plants;

(xii)Phosphate rock processing plants;

(xiii)Coke oven batteries;

(xiv)Sulfur recovery plants;

(xv)Carbon black plants (furnace process);

(xvi)Primary lead smelters;

(xvii)Fuel conversion plants;

(xviii)Sintering plants;

(xix)Secondary metal production plants;

(xx)Chemical process plants;

(xxi)Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;

(xxii)Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(xxiii)Taconite ore processing plants;

(xxiv)Glass fiber processing plants;

(xxv)Charcoal production plants;

(xxvi)Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input;

(xxvii)Any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the CAA; or

8.The source is a portable stationary source which has previously received a permit under this Rule; and

(i)The owner or operator proposes to relocate the source and emissions of the source at the new location would be temporary; and

(ii)The emissions from the source would not exceed its allowable emissions; and

(iii)The emissions from the source would impact no Class I area and no area where an applicable increment is known to be violated; and

(iv)Reasonable notice is given to the Director prior to the relocation identifying the proposed new location and the probable duration of operation at the new location. Such notice shall be given to the Director not less than ten (10) days in advance of the proposed relocation unless a different time duration is previously approved by the Director.

(e)The requirements of paragraphs (9) through (17) of this Rule shall not apply to a major stationary source or major modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant, the source or modification is located in an area designated as nonattainment under Section 107 of the CAA.

(f)The requirements of paragraphs (10), (12), and (14) of this Rule shall not apply to a major stationary source or major modification with respect to a particular pollutant if the allowable emissions of that pollutant from the source or the net emissions increase of that pollutant from the modification:

1.Would impact no Class I area and no area where an applicable increment is known to be violated, and

2.Would be temporary.

(g)The requirements of paragraphs (10), (12), and (14) of this Rule as they relate to any maximum allowable increase for a Class II area shall not apply to a major modification at a stationary source that was in existence on March 1, 1978, if the net increase in allowable emissions of each pollutant subject to regulation under the CAA from the modification after the application of BACT would be less than 50 tons per year.

(h)The Director may exempt a stationary source or modification from the requirements of paragraph (12) of this Rule with respect to monitoring for a particular pollutant if:

1.The emissions increase of the pollutant from the new source or the net emissions increase of the pollutant from the modification would cause, in any area, air quality impacts which are less than the following amounts:

Carbon monoxide575 µg/m3, 8-hour average;

Nitrogen dioxide14 µg/m3, annual average;

PM1010 µg/m3, 24-hour average

Sulfur dioxide13 µg/m3, 24-hour average;

Ozone;

Lead0.1 µg/m3, 3-month average;

Fluorides0.25 µg/m3, 24-hour average;

Total reduced sulfur10 µg/m3, 1-hour average;

Hydrogen sulfide0.2 µg/m3, 1-hour average;

or

2.The concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed in subparagraph (h)1. of this paragraph, or the pollutant is not listed in subparagraph (h)1. of this paragraph; or

3.The owner or operator of the stationary source or modification submits an application under this Rule that the Director determines is complete, except with respect to the requirements for monitoring PM10 in paragraph (12) of this Rule, on or before June 1, 1988. If a complete permit application is received after June 1, 1988, but not later than December 1, 1988, the requirements for PM10 monitoring under paragraph (12) of this Rule apply in that data shall have been gathered over at least the period from February 1, 1988 to the date the complete application is received, except that if the Director determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter period (not to be less than four months) then the shorter period of data gathering will suffice to meet the requirements of paragraph (12) of this Rule.

(i)Reserved.

(j)Reserved.

(k)At the discretion of the Director, the requirements for air quality monitoring of PM10 in subparagraphs (12)(a)1. through 4. of this Rule may not apply to a particular source or modification when the owner or operator of the source or modification submits an application for a permit under this Rule on or before June 1, 1988 and the Director subsequently determines that the application as submitted before that date was complete, except with respect to the requirements for monitoring PM10 in subparagraphs (12)(a)1. through 4.

(l)The requirements for air quality monitoring of PM10 in subparagraphs (12)(a)2. and 4. and subparagraph (12)(c) shall apply to a particular source or modification if the owner or operator of the source of modification submits an application for permit under this Rule after June 1, 1988 and no later than December 1, 1988. The data shall have been gathered over at least the period from February 1, 1988 to the date the application becomes otherwise complete in accordance with the provisions set forth under subparagraph (12)(a)8., except that if the Director determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter period (not to be less than 4 months), the data that subparagraph (12)(a)3. requires shall have been gathered over that shorter period.

(m)Any project which is an environmentally beneficial project as defined in subparagraph (2)(ff) of this Rule shall not be considered a major modification as defined in paragraph (2) of this Rule and is exempt from all provisions of this Rule except paragraphs (10), (11), (13), (15), and (16).

(9)Control Technology Review.

(a)A major stationary source or major modification shall meet each applicable emissions limitation under the State Implementation Plan and each applicable limitation standard and standard of performance under 40 CFR 60 and 61.

(b)A new major stationary source shall apply BACT for each pollutant subject to regulation under the CAA that it would have the potential to emit in significant amounts.

(c)A major modification shall apply BACT for each pollutant subject to regulation under the CAA for which it would result in a significant net emissions increase at the source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of operation in the unit.

(d)For phased construction projects, the determination of BACT shall be reviewed and modified as appropriate at the latest reasonable time which occurs no later than eighteen (18) months prior to commencement of construction of each independent phase of the project. At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of BACT for the source.

(10)Source Impact Analysis. The owner or operator of the proposed source or modification shall demonstrate that allowable emission increases from the proposed source or modification, in conjunction with all other applicable emissions increases or reductions (including secondary emissions), would not cause or contribute to air pollution in violation of:

(a)Any National Ambient Air Quality Standard in any air quality control region; or

(b)Any applicable maximum allowable increase over the baseline concentration in any area.

(11)Air Quality Models.

(a)All estimates of ambient concentrations required under this Rule shall be based on the applicable air quality models, data bases, and other requirements specified in the "Guideline on Air Quality Models". (U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711)

(12)Air Quality Analysis.

(a)Preapplication Analysis.

1.Any application for a permit under this Rule shall contain an analysis of ambient air quality in the area that the major stationary source or major modification would affect for each of the following pollutants:

(i)For the source, each pollutant that it would have the potential to emit in a significant amount;

(ii)For the modification, each pollutant for which it would result in a significant net emissions increase.

2.With respect to any such pollutant for which no NAAQS exists, the analysis shall contain such air quality monitoring data as the Director determines is necessary to assess ambient air quality for that pollutant in any area that the emissions of that pollutant would affect.

3.With respect to any such pollutant (other than nonmethane hydrocarbons) for which such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable increase.

4.In general, the continuous air quality monitoring data that is required shall have been gathered over a period of at least one (1) year and shall represent the year preceding receipt of the application, except that, if the Director determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one (1) year (but not to be less than four (4) months), the data that is required shall have been gathered over at least that shorter period.

5.Reserved.

6.The owner or operator of a proposed stationary source or modification of VOC who satisfies all conditions of Rule 335-3-14-.05 may provide post-approval monitoring data for ozone in lieu of providing preconstruction data as required under subparagraph (a) of this paragraph.

7.For any application that becomes complete, except as the requirements of subparagraphs (a)3. and 4. of this paragraph pertaining to PM10, after December 1, 1988 and no later than August 1, 1989 the data that subparagraph (a)3. of this paragraph requires shall have been gathered over at least the period from August 1, 1988 to the date the application becomes otherwise complete, except that if the Director determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter period (not to be less than 4 months), the data that subparagraph (a)3. of this paragraph requires shall have been gathered over that shorter period.

8.With respect to any requirements for air quality monitoring of PM10 under subparagraphs (8)(k) and (l) of this Rule, the owner or operator of the source or modification shall use a monitoring method approved by the Director and shall estimate the ambient concentrations of PM10 using the data collected by such approved monitoring method in accordance with estimating procedures approved by the Director.

(b)Post-construction Monitoring. The owner or operator of a major stationary source or major modification shall, after construction of the stationary source or modification, conduct such ambient monitoring as the Director determines is necessary to determine the impact for said source or modification may have, or is having, on air quality in any area.

(c)Operations of Monitoring Stations. The owner or operator of a major stationary source or major modification shall meet Federal monitoring quality assurance requirements during the operation of monitoring stations for purposes of satisfying this paragraph.

(d)Visibility Monitoring. The Director may require monitoring of visibility in any Federal Class I area near the proposed new stationary source or major modification for such purposes and by such means as the Director deems necessary and appropriate.

(13)Source Information. The owner or operator of a proposed source or modification shall submit all information necessary to perform any analysis or to make any determination required under this Rule.

(a)With respect to a source or modification to which Rules 335-3-14-.04(9), 335-3-14-.04(10), 335-3-14-.04(12), and 335-3-14-.04(14) apply, such information shall include:

1.A description of the nature, location, design capacity, and typical operating schedule of the source or modification, including specifications and drawings showing its design and plant layout;

2.A detailed schedule for construction of the source or modification;

3.A detailed description as to what system of continuous emission reduction is planned for the source or modification, emission estimates and any other information necessary to determine that BACT would be applied.

(b)Upon request of the Director, the owner or operator shall also provide information on:

1.The air quality impact of the source or modification, including meteorological and topographical data necessary to estimate such impact; and

2.The air quality impacts and the nature and extent of any or all general commercial, residential, industrial, and other growth which has occurred since August 7, 1977, in the area the source or modification would affect.

(14)Additional Impact Analyses.

(a)The owner or operator shall provide an analysis of the impact on visibility, soils and vegetation that would occur as a result of the source or modification and general commercial, residential, industrial, and other growth associated with the source or modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial or recreational value.

(b)The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial, and other growth associated with the source or modification.

(15)Sources Impacting Federal Class I Areas - Additional Requirements.

(a)Notice to Federal Land Managers and to EPA. The Director shall provide notice of any permit application for a proposed major stationary source or major modification the emissions from which would affect a Class I area to EPA, the Federal Land Manager and the Federal official charged with direct responsibility for management of any lands within any such area. The Director shall provide such notice promptly after receiving the application. The Director shall also provide EPA, the Federal Land Manager and such Federal officials with notice of every action related to the consideration of such permit.

(b)The Director shall notify all affected Federal Land Managers within 30 days of receipt of an advance notification of any permit application for a proposed major stationary source or modification, the emissions from which may affect a Class I Area. The Director shall provide written notification to all affected Federal Land Managers within 30 days of receiving the permit application. At least 30 days prior to the publication of the notice for public comment on the application, the Director shall provide the Federal Land Manager with a copy of all information relevant to the permit application including an analysis provided by the source of the potential impact of the proposed source on visibility.

(c)Visibility analysis. The Director shall consider any analysis performed by the Federal Land Manager concerning visibility impairment if the analysis is received within 30 days of being provided the permit application information and analysis required by subparagraph (b) of this paragraph above. Where the Director finds that such an analysis does not demonstrate to the satisfaction of the Director that an adverse impact on visibility will result in the Federal Class I area, the Director must, in the notice of public comment on the permit application, either explain his decision or give notice as to where the explanation can be obtained.

(d)Denial - Impact on Air Quality Related Values. The Federal Land Manager of any such lands may demonstrate to the Director that the emissions from a proposed source or modification would have an adverse impact on the air quality related values (including visibility) of those lands, notwithstanding that the change in air quality resulting from emissions from such source or modification would not cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I area. If the Director concurs with such demonstration, then he shall not issue the permit.

(e)Class I Variances. The owner or operator of a proposed source or modification may demonstrate to the Federal Land Manager that the emissions from such source or modification would have no adverse impact on the air quality related values of any such lands (including visibility), notwithstanding that the change in air quality resulting from emissions from such source or modification would cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I area. If the Federal Land Manager concurs with such demonstration and he so certifies, the Director may issue the permit with such emission limitations as may be necessary to assure that emissions of sulfur dioxide, PM10, and nitrogen oxides would not exceed the following maximum allowable increases over baseline concentration for such pollutants:

<table width="100%"> Pollutant Maximum Allowable Increase (micrograms per cubic meter) PM10: Annual arithmetic mean17 24-hour maximum30 Sulfur dioxide: Annual arithmetic mean20 24-hour maximum91 3-hour maximum325 Nitrogen dioxide: Annual arithmetic mean25 </table>

provided, that the applicable requirements of this Rule are otherwise met.

(f)Sulfur Dioxide Variance by Governor with Federal Land Manager's Concurrence. The owner or operator of a proposed source or modification which cannot be approved under subparagraph (c) of this paragraph may demonstrate to the Governor that the source or modification cannot be constructed by reason of any maximum allowable increase for sulfur dioxide for a period of twenty-four (24) hours or less applicable to any Class I area and, in the case of Federal mandatory Class I areas, that a variance under this clause would not adversely affect the air quality related values of the area (including visibility). The Governor, after consideration of the Federal Land Manager's recommendation (if any) and subject to his concurrence, may, after notice and public hearing, grant a variance from such maximum allowable increase. If such variance is granted, the Director shall issue a permit to such source or modification pursuant to the requirements of subparagraph (f) of this paragraph provided, that the applicable requirements of this Rule are otherwise met.

(g)Variance by the Governor with the President's Concurrence. In any case where the Governor recommends a variance in which the Federal Land Manager does not concur, the recommendations of the Governor and Federal Land Manager shall be transmitted to the President. The President may approve the Governor's recommendation if he finds that the variance is in the national interest. If the variance is approved, the Director shall issue a permit pursuant to the requirements of subparagraph (f) of this paragraph provided, that the applicable requirements of this Rule are otherwise met.

(h)Emission Limitations for Presidential or Gubernatorial Variance. In the case of a permit issued pursuant to subparagraphs (d) or (e) of this paragraph, the source or modification shall comply with such emission limitations as may be necessary to assure that emissions of sulfur dioxide from the source or modification would not (during any day on which the otherwise applicable maximum allowable increases are exceeded) cause or contribute to concentrations which would exceed the following maximum allowable increases over the baseline concentration and to assure that such emissions would not cause or contribute to concentrations which exceed the otherwise applicable maximum allowable increases for periods of exposure of twenty-four (24) hours or less for more than eighteen (18) days, not necessarily consecutive, during any annual period:

<table width="100%"> Maximum Allowable Increase Period of (micrograms per cubic meter) exposure Terrain areas Low High 24-hour maximum 36 62 3-hour maximum 130 221 </table>

(16)Public Participation.

(a)After receipt of an application for an Air Permit or any addition to such application, the Director shall advise the applicant of any deficiency in the application or in the information submitted. In the event of such a deficiency, the date of receipt of the application shall be, for the purpose of this Rule, the date on which the Director received all required information.

(b)Within one (1) year after receipt of a complete application, the Director shall make a final determination of the application. This involves performing the following actions in a timely manner:

1.Make a preliminary determination whether construction should be approved, approved with conditions or disapproved.

2.Make available in at least one location in each region in which the proposed source or modification would be constructed a copy of all materials the applicant submitted, a copy of the preliminary determination and a copy or summary of other materials, if any, considered in making the preliminary determination.

3.Notify the public, by advertisement in a newspaper of general circulation in each region in which the proposed source or modification would be constructed, of the application, the preliminary determination, the degree of increment consumption that is expected from the source or modification, and the opportunity for written public comment, as well as comment at a public hearing.

4.Send a copy of the notice of public comment to the applicant, to EPA and to officials and agencies having cognizance over the location where the proposed construction would occur as follows: any other State or local air pollution control agencies, the chief executives of the city and county where the source or modification would be located, any comprehensive regional land use planning agency and any State, Federal Land Manager, or Indian Governing Body whose lands may be affected by emissions from the source or modification.

5.Provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact of the source or modification, alternatives to the source or modification, the control technology required, and other appropriate considerations.

6.Consider all written comments submitted within a time specified in the notice of public comment and all comments received at any public hearing(s) in making a final decision on the approvability of the application. No later than ten (10) days after the close of the public comment period, the applicant may submit a written response to any comments submitted by the public. The Director shall consider the applicant's response in making a final decision. The Director shall make all comments available for public inspection in the same locations where the Director made available preconstruction information relating to the proposed source or modification.

7.Make a final determination whether construction should be approved, approved with conditions or disapproved pursuant to this Rule.

8.Notify the applicant in writing of the final determination and make such notification available for public inspection at the same location where the Director made available preconstruction information and public comments relating to the source or modification.

(17)Source Obligation.

(a)An Air Permit authorizing construction shall become invalid if construction is not commenced within twenty-four (24) months after receipt of such approval, if construction is discontinued for a period of twenty-four (24) months or more, or if construction is not completed within a reasonable time. The Director may extend the twenty-four (24) month period upon satisfactory showing that an extension is justified. This provision does not apply to the time period between construction of the approved phases of a phased construction project; each phase must commence construction within twenty-four (24) months of the projected and approved commencement date.

(b)An Air Permit authorizing construction shall not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the State Implementation Plan and any other requirements under local, State or Federal law.

(c)At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of paragraphs (9) through (17) of this Rule shall apply to the source or modification as though construction had not yet commenced on the source or modification.

(18)Innovative Control Technology.

(a)An owner or operator of a proposed major stationary source or major modification may request the Director in writing no later than the close of the comment period under paragraph (16) of this Rule to approve a system of innovative control technology.

(b)The Director shall determine that the source or modification may employ a system of innovative control technology, if:

1.The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare or safety in its operation or function;

2.The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have been required under subparagraph (9)(b) of this Rule by a date specified by the Director. Such date shall not be later than four (4) years from the time of startup or seven (7) years from permit issuance;

3.The source or modification would meet the requirements of paragraphs (9) and (10) of this Rule based on the emissions rate that the stationary source employing the system of innovative control technology would be required to meet on the date specified by the Director;

4.The source or modification would not before the date specified by the Director:

(i)Cause or contribute to a violation of an applicable National Ambient Air Quality Standard; or

(ii)Impact any Class I area; or

(iii)Impact any area where an applicable increment is known to be violated; and

5.The consent of the Governor of any other affected state is secured;

6.All other applicable requirements including those for public participation have been met.

(c)The Director shall withdraw any approval to employ a system of innovative control technology made under this Rule, if:

1.The proposed system fails by the specified date to achieve the required continuous emissions reduction rate; or

2.The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare or safety; or

3.The Director decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare or safety.

(d)If a source or modification fails to meet the required level of continuous emission reduction within the specified time period or the approval is withdrawn in accordance with subparagraph (c) of this paragraph, the Director may allow the source or modification up to an additional three (3) years to meet the requirement for the application of BACT through use of a demonstrated system of control.

(19)Permit Rescission.

(a)Any owner or operator of a stationary source or modification who holds a permit for the source or modification which was issued under this Rule as in effect on July 30, 1987 or any earlier version of this Rule, may request that the Director rescind the permit or a particular portion of the permit.

(b)The Director shall grant an application for rescission if the application shows that this Rule would not apply to the source or modification.

(c)If the Director rescinds a permit under this Rule, the public shall be given adequate notice of the rescission. Publication of an announcement of rescission in a newspaper of general circulation in the affected region within sixty (60) days of the rescission shall be considered adequate notice.

Author: Marilyn G. Elliott

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective Date: December 10, 1981. Amended: February 13, 1985; November 13, 1985; November 1, 1990. Amended: Filed November 23, 1993; effective December 28, 1993. Amended: Filed March 23, 1995; effective April 27, 1995. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed December 11, 1997; effective January 15, 1998. Amended: Filed April 15, 1999, effective May 20, 1999. Amended: Filed August 3, 2000; effective September 7, 2000. Amended: Filed February 7, 2002; effective March 14, 2002.

(1)Effective Date. The requirements of this Rule shall be effective upon approval by EPA.

(2)Definitions. For purposes of this Rule, the following terms will have the meanings ascribed in this Paragraph:

(a)"Source" shall mean any building structure, installation, article, machine, equipment, device or other contrivance which emits or may emit any air contaminant. A facility is composed of one or more pollutant-emitting sources.

(b)"Potential to Emit" shall mean the maximum capacity to emit a pollutant under physical and operational design conditions. Any physical or operational limitation on the capacity to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as a part of the design only if the limitation or the effect it would have on emissions is enforceable. Secondary emissions are not calculated in determining the potential to emit.

(c)"Major Facility" shall mean:

1.Any source or facility for which the potential emission rate is equal to or greater than 100 tons per year of any pollutant subject to regulation under the Federal Clean Air Act (CAA); or

2.Any physical change that would occur at a facility not qualifying under subparagraph (c)1.(i) above as a major facility, if the change would constitute a major facility by itself.

3.Furthermore, a major facility that is major for volatile organic compounds and/or nitrogen oxides also shall be considered major for the pollutant ozone.

(d)"Major Modification" shall mean any physical change in, change in the method of operation of, or addition to a major facility which would result in a significant net emissions increase at the facility of any pollutant subject to regulation under the CAA.

1.A physical change or a change in method of operation shall not include:

(i)Routine maintenance, repair, and replacement;

(ii)Use of an alternative fuel or raw material by reason of an order in effect under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan in effect pursuant to the Federal Power Act;

(iii)Use of an alternative fuel by reason of an order or rule under Section 125 of the CAA;

(iv)Change in ownership of a source;

(v)Use of refuse derived fuel generated from municipal solid waste.

2.A change in the method of operation, unless limited by previous permit conditions, shall not include:

(i)An increase in the production rate, if such increase does not exceed the operating design capacity of the source;

(ii)An increase in the hours of operation;

(iii)Use of an alternative fuel or raw material, if on December 21, 1976, the source was capable of accommodating such fuel or material.

(e)"Allowable Emissions" shall mean the emission rate calculated using the maximum rated capacity of the source (unless the source is subject to enforceable permit conditions which limit the operating rate, or hours of operation, or both) and the most stringent of the following:

1.Applicable New Source Performance Standards set forth in 40 CFR 60,

2.Applicable National Emission Standards for Hazardous Air Pollutants set forth in 40 CFR 61,

3.Applicable State Implementation Plan emission limitation, or

4.The emission rate specified as an enforceable permit condition.

(f)"Lowest Achievable Emission Rate" (LAER) shall mean, for any source, that rate of emissions based on whichever of the following is more stringent:

1.The most stringent emission limitation which is contained in the implementation plan of any state for such class or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable, or

2.The most stringent emission limitation which is achieved in practice or can reasonably be expected to occur in practice by such class or category of sources taking into consideration the pollutant which must be controlled.

3.This term, applied to a modification, means the lowest achievable emission rate for the new or modified source within the facility. In no event shall the application of this term permit a proposed new or modified source to emit any pollutant in excess of the amount allowable under applicable new source standards of performance.

(g)Reserved.

(h)Reserved.

(i)"Significant Impact" shall mean the following significant levels would be exceeded in the portion of the designated nonattainment area where the ambient air quality standards are actually violated.

<table width="100%"> Pollutant Annual 24-Hour 8-Hour 3-Hour 1-Hour PM10 1 µg/m3 5 µg/m3 SO2 1 µg/m3 5 µg/m3 25 µg/m3 NO2 1 µg/m3 CO 0.5 mg/m3 2 mg/m3 </table>

(j)"Net Emissions Increase" shall mean

1.The amount by which the sum of the following exceeds zero:

(i)Any increase in actual emissions from a particular physical change or change in the method of operation, and

(ii)Any other increases and decreases in actual emissions that are contemporaneous with the particular change and are otherwise creditable.

2.An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between:

(i)The date five (5) years before construction on the particular change commences, and

(ii)The date that the increase from the particular change occurs.

3.An increase or decrease in actual emissions is creditable only if:

(i)It has not been relied on in issuing a permit to the facility which is in effect when the increase in actual emissions from the particular change occurs, and

(ii)It occurs after the effective date of this Rule.

4.An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.

5.A decrease in actual emissions is creditable only to the extent that:

(i)The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;

(ii)It is enforceable at and after the time that actual construction on the particular change begins;

(iii)It has not been relied on in issuing any permit under the State Implementation Plan or in demonstrating attainment or reasonable further progress; and

(iv)It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

6.An increase that results from a physical change occurs when the source on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.

(k)"Significant" shall mean, in reference to a net emissions increase or the potential of a source or facility to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

PollutantEmissions Rate (tons per year)

Carbon monoxide:100

Nitrogen oxides: 40

Sulfur dioxide: 40

Ozone (volatile organic compounds): 40

Lead: 0.6

(l)"Actual Emissions" shall mean the actual rate of emissions of a pollutant from a source as determined by subparagraphs (l)2. through 4. below.

1.In general, actual emissions as of any given date shall equal the average rate in tons per year at which the source actually emitted the pollutant during a two-year period which precedes the given date and which is representative of normal source operation. The use of a different time shall be allowed upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the source?s actual operating hours, production rates, and types of materials processed, stored or combusted during the selected time period.

2.The reviewing authority may presume that source- specific allowable emissions for the source are equivalent to the actual emissions of the source.

3.For any source which has not begun normal operations on the given date, actual emissions shall equal the potential to emit of the source on that date.

(m)"Construction" shall mean any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of a source) which would result in a change in actual emissions.

(n)"Commence", as applied to construction of a major facility or major modification, shall mean that the owner or operator has all necessary preconstruction approvals or permits and has either:

1.Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or

2.Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.

(o)"Necessary Preconstruction Approvals or Permits" shall mean those permits or approvals required under the State Implementation Plan.

(p)"Begin Actual Construction" shall mean, in general, initiation of physical on-site construction activities including, but not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operating, this term refers to those on-site activities other than preparatory activities which mark the initiation of the change.

(q)"Adverse Impact on Visibility" shall mean visibility impairment which interferes with the management, protection, preservation or enjoyment of the visitor's visual experience of the Federal Class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency and time of visibility impairments, and how these factors correlate with (1) times of visitor use of the Federal Class I area, and (2) the frequency and timing of natural conditions that reduce visibility.

(r)"Visibility Impairment" shall mean any humanly perceptible change in visibility (visual range, contrast, coloration) from that which would have existed under natural conditions.

(s)"Natural Conditions" includes naturally occurring phenomena that reduce visibility as measured in terms of visual range, contrast or coloration.

(t)"Offset ratio" shall mean the ratio of total actual emissions reductions to total allowable emissions increases of such pollutant from the new source.

(3)Applicability. Except as provided in paragraphs (4), (5), and (6) of this Rule, no Air Permit shall be issued to a person proposing to construct or make a major modification to a major facility (for the pollutant for which the area has been designated nonattainment) in a nonattainment area or which will have a significant impact if located outside the nonattainment area unless:

(a)The person demonstrates that the new source or the major modification will meet an emission limitation, said emission limitation to be the lowest achievable emission rate (LAER) for that source or facility;

(b)The person certifies that all existing major sources owned or operated by that person (or any entity controlling, controlled by, or under common control with that person) within Alabama are in compliance with applicable emission limits or are on an acceptable schedule;

(c)The person demonstrates that emission reductions from existing source(s) in the area of the proposed source/major modification (whether or not under the same ownership) meet the offset requirements of paragraph (7) of this Rule;

(d)Reserved.

(4)EXCEPTION. Construction of or modification to a major source locating in a nonattainment area which is projected to be attainment as of the startup date of such source shall be exempt from the requirements of this Rule.

(5)Temporary Emissions. The requirements of subparagraph (3)(c) of this Rule shall not apply to emissions of a particular pollutant if the person applying for an Air Permit under this Rule can demonstrate that the emissions of the pollutant are of a temporary nature including but not limited to those from a pilot plant, a portable facility, construction, or exploration; and notice is given to the Director at least thirty (30) days prior to relocation of such source identifying the proposed new location and the probable duration of operation at such location.

(6)When a facility or modification subject to this Rule may impair the visibility of a Federal Class I area, the following procedures shall be followed:

(a)The facility shall provide an analysis of the impairment to visibility that would occur as a result of the facility or modification and general commercial, industrial and other growth associated with the facility or modification.

(b)The Director shall notify all affected Federal Land Managers within 30 days of receipt of any advance notification of a permit application for a proposed major stationary facility or modification, the emissions from which may affect a Class I Area. The Director shall provide written notification to all affected Federal Land Managers within 30 days of receiving the permit application. At least 30 days prior to the publication of the notice for public comment on the application, the Director shall provide the Federal Land Manager with a copy of all information relevant to the permit application including an analysis provided by the facility of the potential impact of the proposed facility on visibility.

(c)The Director shall consider any analysis concerning visibility impairment performed by the Federal Land Manager if the analysis is received within 30 days of being provided the permit application information and analysis required in subparagraph (b) of this paragraph. If the Director finds that the analysis of the Federal Land Manager fails to demonstrate to his satisfaction that an adverse impact on visibility will result in the Federal Class I area, the Director shall provide in the notice for public comment on the application, an explanation of his decision or notice as to where the explanation can be obtained.

(d)The Director may require monitoring of visibility in any Class I area near the proposed new facility or modification.

(e)The requirements of this paragraph shall not apply to a particular major stationary facility or major modification, if the facility or modification would be a nonprofit health or nonprofit educational institution, or a major modification would occur at such an institution, and the Governor of Alabama requests that it be exempt from those requirements.

(7)Offset Standards.

(a)Increased emissions by a source or facility subject to this paragraph must be offset by a reduction in the emissions of that pollutant by the source itself or by other sources in the area to the extent necessary to prevent interference with reasonable further progress toward attainment.

1.The offset ratio for ozone (marginal) nonattainment areas shall be at least 1.1 to 1.

2.The offset ratio for all other nonattainment areas shall be at least 1.0 to 1.

(b)When a major source or modification, which is otherwise subject to the requirements of this paragraph, will result in a specific and well defined increase in secondary emissions, which can be accurately quantified and which will impact the same nonattainment area, these emissions shall be offset in accordance with the requirements of this paragraph.

(c)The baseline for determining credit for emission offsets of any source shall be the allowable emissions of said source or the existing emissions of said source, not including any malfunctions, whichever is less.

(d)Reduced allowable emissions from an existing source due to a change to a cleaner fuel may be used to offset emissions from the new source or alteration so long as the change will occur at some future date. Emission reductions from a change of fuel shall not be used to offset emissions if there are not adequate supplies of the new fuel available.

(e)Offsets shall be made on a tons-per-year basis when all facilities involved in the emission offset calculations are operating at their maximum expected production rate. However, a source may be credited with emission reductions achieved by the shutdown of a source or the curtailment of production of a source below that which existed at the time the application was submitted, provided that the work force to be affected has been notified of the proposed shutdown or curtailment.

(f)All emission reductions used for offsets must be legally enforceable in a manner approved by the Director.

(8)Reserved.

(9)Banking of Emission Offsets. Offsets approved after January 16, 1979, which exceed the requirement of reasonable further progress may be "banked" for future use; likewise, reductions in emissions from existing sources which exceed the requirement of reasonable further progress may be "banked" for future use. The banking is subject to the following requirements:

(a)1.Application shall be made in writing to the Director, describing the emission offsets to be banked, such description to include location, source, and type of emissions.

2.Emission offsets cannot be banked beyond the allowable emissions of said source or the existing emission of said source, not including any malfunctions, whichever is less.

(b)Upon approval by the Director of said application, the banked emissions shall be credited to the facility submitting such application.

(c)1.No emission offsets banked in accordance with the provisions of this Paragraph shall be used unless written notice is provided to the Director thirty (30) days prior to submission of the necessary permit applications, to provide opportunity for review of the proposed use of the banked emission offsets.

2.In the event that a determination is made that the banked emission offsets may not be used for the proposed construction, written notice shall be afforded the applicant, as provided in Rule 335-3-14-.02(3), herein.

(d)In the event that a determination under subparagraph (c)2. of this paragraph is made by the Director, construction may proceed if, and only if, emission offsets are obtained sufficient to satisfy the requirements of paragraph (7) of this Rule.

(e)Nothing contained in this Paragraph shall prohibit the transfer, assignment, sale, or otherwise complete disposition of said banked emission offsets, provided that written notice is provided to the Director, thirty (30) days prior to such disposition, describing in detail the recipient of the banked emissions.

(10)Reserved.

(11)At such time that a particular source or facility or modification becomes a major facility or major modification solely by virtue of a relaxation in any enforceable limitation established after August 7, 1980, on the capacity of the source, facility or modification otherwise to emit a pollutant, then the requirements of this Rule shall apply as though construction had not yet commenced.

(12)The requirements of this Rule shall not apply to a particular major stationary facility or major modification if:

(a)The major facility or major modification was not subject to this Rule as in effect on November 26, 1979, or to the Federal Emission Offset Interpretative Ruling as in effect January 18, 1979, if the owner or operator:

1.Obtained all necessary preconstruction approval before August 7, 1980;

2.Commenced construction within 18 months from August 7, 1980; and

3.Did not discontinue construction for a period of (18) eighteen months or more and completed construction within a reasonable time; or,

(b)The facility or modification would be a major stationary facility or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary facility or modification and the facility does not belong to any of the following categories:

1.Coal cleaning plants (with thermal dryers);

2.Kraft pulp mills;

3.Portland cement plants;

4.Primary zinc smelters;

5.Iron and steel mills;

6.Primary aluminum ore reduction plants;

7.Primary copper smelters;

8.Municipal incinerators capable of charging more than 250 tons of refuse per day;

9.Hydrofluoric, sulfuric or nitric acid plants;

10.Petroleum refineries;

11.Lime plants;

12.Phosphate rock processing plants;

13.Coke oven batteries;

14.Sulfur recovery plants;

15.Carbon black plants (furnace process);

16.Primary lead smelters;

17.Fuel conversion plants;

18.Sintering plants;

19.Secondary metal production plants;

20.Chemical process plants;

21.Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;

22.Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

23.Taconite ore processing plants;

24.Glass fiber processing plants;

25.Charcoal production plants;

26.Any other stationary category which, as of August 7, 1980 is being regulated under Sections 111 or 112 of the Clean Air Act;

(13)Public Participation.

(a)After receipt of an application to construct or any addition to such application, the Director shall advise the applicant of any deficiency in the application or in the information submitted. In the event of such a deficiency, the date of receipt of the application shall be, for the purpose of this Rule the date on which the Director received all required information.

(b)Within one (1) year after receipt of a complete application, the Director shall make a final determination of the application. This involves performing the following actions in a timely manner:

1.Make a preliminary determination whether construction should be approved, approved with conditions or disapproved.

2.Make available in at least one location in each region in which the proposed facility or modification would be constructed a copy of all materials the applicant submitted, a copy of the preliminary determination and a copy or summary of other materials, if any, considered in making the preliminary determination.

3.Notify the public, by advertisement in a newspaper of general circulation in each region in which the proposed facility or modification would be constructed, of the application, the preliminary determination, and the opportunity for written public comment, as well as comment at a public hearing.

4.Send a copy of the notice of public comment to the applicant, to EPA and to officials and agencies having cognizance over the location where the proposed construction would occur as follows: any other state or local air pollution control agencies, the chief executives of the city and county where the source or modification would be located, any comprehensive regional land use planning agency and any State, Federal Land Manager, or Indian Governing Body whose lands may be affected by emissions from the facility or modification.

5.Provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact of the facility or modification, the control technology required, and other appropriate considerations.

6.Consider all written comments submitted within a time specified in the notice of public comment and all comments received at any public hearing(s) in making a final decision on the approvability of the application. No later than ten (10) days after the close of the public comment period, the applicant may submit a written response to any comments submitted by the public. The Director shall consider the applicant's response in making a final decision. The Director shall make all comments available for public inspection in the same locations where the Director made available preconstruction information relating to the proposed facility or modification.

7.Make a final determination whether construction should be approved, approved with conditions or disapproved pursuant to this Rule.

8.Notify the applicant in writing of the final determination and make such notification available for public inspection at the same location where the Director made available preconstruction information and public comments relating to the facility or modification.

Authors: James W. Cooper, John E. Daniel

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: Effective January 18, 1972. Amended: April 3, 1979; February 13, 1985; November 13, 1985; September 18, 1986; June 9, 1987; May 4, 1988; September 21, 1989; November 1, 1990; December 19, 1991; October 30, 1992. Repealed and Replaced: Filed November 23, 1993; effective December 28, 1993. Amended: Filed March 23, 1995; effective April 27, 1995. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed February 20, 1998; March 27, 1998. Amended: Filed December 9, 1999; effective January 13, 2000. Amended: Filed August 3, 2000; effective September 7, 2000.

(1)Applicability.

(a)The requirements of paragraphs (1) through (4) of this Rule carry out Section 112(g)(2)(B) of the 1990 Clean Air Act Amendments (hereinafter, referred to as ?the Act? in this Rule).

(b)Overall requirements. The requirements of paragraphs (1) through (4) of this Rule apply to any owner or operator who constructs or reconstructs a major source of hazardous air pollutants after the effective date of this Rule unless the major source in question has been specifically regulated or exempted from regulation under a standard issued pursuant to Section 112(d), Section 112(h), or Section 112(j) and incorporated in another Subpart of Part 63 of the 40 Code of Federal Regulations or Chapter 335-3-11 of this Division, or the owner or operator of such major source has received all necessary air quality permits for such construction or reconstruction project before the effective date of this Rule.

(c)Exclusion for electric utility steam generating units. The requirements of this Rule do not apply to electric utility steam generating units unless and until such time as these units are added to the source category list pursuant to Section 112(c)(5) of the Act.

(d)Exclusion for stationary sources in deleted source categories. The requirements of this Rule do not apply to stationary sources that are within a source category that has been deleted from the source category list pursuant to Section 112(c)(9) of the Act.

(e)Exclusion for research and development activities. The requirements of this Rule do not apply to research and development activities, as defined in paragraph (2) below.

(f)Prohibition. After the effective date of this Rule, no person may begin actual construction or reconstruction of a major source of HAP unless:

1.The major source in question has been specifically regulated or exempted from regulation under a standard issued pursuant to Section 112(d), Section 112(h) or Section 112(j) in Part 63 [40 CFR 63, Subpart B, as incorporated by reference in Rule 335-3-11-.06(1)], and the owner and operator has fully complied with all procedures and requirements for preconstruction review established by that standard, including any applicable requirements set forth in Subpart A of Part 63; or

2.The Department has made a final and effective case-by-case determination pursuant to the provisions of this Rule such that emissions from the constructed or reconstructed major source will be controlled to a level no less stringent than the maximum achievable control technology emission limitation for new sources.

(2)Definitions. Terms used in this Rule that are not defined below have the meaning given to them in the Act and in 40 CFR Subpart A.

(a)"Affected Source" means the stationary source or group of stationary sources which, when fabricated (on site), erected, or installed meets the definition of "construct a major source" or the definition of "reconstruct a major source" contained in this paragraph.

(b)"Affected States" are all States:

1.Whose air quality may be affected and that are contiguous to the State in which a MACT determination is made in accordance with this Rule; or

2.Whose air quality may be affected and that are within 50 miles of the major source for which a MACT determination is made in accordance with this Rule.

(c)"Available Information" means, for purposes of identifying control technology options for the affected source, information contained in the following information sources as of the date of approval of the MACT determination by the Department:

1.A relevant proposed regulation, including all supporting information;

2.Background information documents for a draft or proposed regulation;

3.Data and information available from the Control Technology Center developed pursuant to Section 113 of the Act;

4.Data and information contained in the Aerometric Informational Retrieval System including information in the MACT data base;

5.Any additional information that can be expeditiously provided by the Director; and

6.For the purpose of determinations by the Department, any additional information provided by the applicant or others, and any additional information considered available by the Department.

(d)"Construct a Major Source" means:

1.To fabricate, erect, or install at any greenfield site a stationary source or group of stationary sources which is located within a contiguous area and under common control and which emits or has the potential to emit 10 tons per year of any HAP or 25 tons per year of any combination of HAPs, or

2.To fabricate, erect, or install at any developed site a new process or production unit which in and of itself emits or has the potential to emit 10 tons per year of any HAP or 25 tons per year of any combination of HAPs, unless the process or production unit satisfies criteria (i) through (vi) below:

(i)All HAP emitted by the process or production unit that would otherwise be controlled under the requirements of this Rule will be controlled by emission control equipment which was previously installed at the same site as the process or production unit;

(ii)The Department has determined within a period of 5 years prior to the fabrication, erection, or installation of the process or production unit that the existing emission control equipment represented best available control technology (BACT), or lowest achievable emission rate (LAER) under Chapter 335-3-14; or the Department determines that the control of HAP emissions provided by the existing equipment will be equivalent to that level of control currently achieved by other well-controlled similar sources (i.e., equivalent to the level of control that would be provided by a current BACT or LAER determination);

(iii)The Department determines that the percent control efficiency for emissions of HAP from all sources to be controlled by the existing control equipment will be equivalent to the percent control efficiency provided by the control equipment prior to the inclusion of the new process or production unit;

(iv)The Department has provided notice and an opportunity for public comment concerning its determination that criteria in subparagraphs 2.(i), 2.(ii), and 2.(iii) of this definition apply and concerning the continued adequacy of any prior LAER or BACT determination;

(v)If any commenter has asserted that a prior LAER or BACT determination is no longer adequate, the Department has determined that the level of control required by that prior determination remains adequate; and

(vi)Any emission limitations, work practice requirements, or other terms and conditions upon which the above determinations by the Department are predicated will be construed by the Department as applicable requirements under Section 504(a) and either have been incorporated into any existing Major Source Operating Permit for the affected facility or will be incorporated into such permit upon issuance.

(e)"Control Technology" means measures, processes, methods, systems, or techniques to limit the emission of hazardous air pollutants through process changes, substitution of materials or other modifications including, but not limited to, measures that:

1.Reduce the quantity of, or eliminate emissions of, such pollutants through process changes, substitution of materials or other modifications;

2.Enclose systems or processes to eliminate emissions;

3.Collect, capture or treat such pollutants when released from a process, stack, storage or fugitive emissions point;

4.Are design, equipment, work practice, or operational standards (including requirements for operator training or certification) as provided in 42 U.S.C. 7412(h); or

5.Are a combination of subparagraphs 1. - 4. of this definition.

(f)"Department" means the Department as defined in this Division.

(g)"Effective Date of Section 112(g)(2)(B)" means the effective date of this Rule adopted by the Department.

(h)"Electric Utility Steam Generating Unit" means any fossil fuel fired combustion unit of more than 25 megawatts that serves a generator that produces electricity for sale. A unit that co-generates steam and electricity and supplies more than one-third of its potential electric output capacity and more than 25 megawatts electric output to any utility power distribution system for sale shall be considered an electric utility steam generating unit.

(i)"Greenfield Site" means a contiguous area under common control that is an undeveloped site.

(j)"Hazardous Air Pollutant or HAP" means any of the substances listed in Appendix G of this Division.

(k)"List of Source Categories" means the Source Category List required by Section 112(c) of the Act.

(l)"Maximum Achievable Control Technology (MACT) Emission Limitation for New Sources" means the emission limitation which is not less stringent than the emission limitation achieved in practice by the best controlled similar source, and which reflects the maximum degree of reduction in emissions that the Department, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by the constructed or reconstructed major source.

(m)"Process or Production Unit" means any collection of structures and/or equipment, that processes, assembles, applies, or otherwise uses material inputs to produce or store an intermediate or final product. A single facility may contain more than one process or production unit.

(n)"Reconstruct a Major Source" means the replacement of components at an existing process or production unit that in and of itself emits or has the potential to emit 10 tons per year of any HAP or 25 tons per year of any combination of HAPs, whenever:

1.The fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable process or production unit; and

2.It is technically and economically feasible for the reconstructed major source to meet the applicable maximum achievable control technology emission limitation for new sources established under this Rule.

(o)"Research and Development Activities" means activities conducted at a research or laboratory facility whose primary purpose is to conduct research and development into new processes and products, where such source is operated under the close supervision of technically trained personnel and is not engaged in the manufacture of products for sale or exchange for commercial profit, except in a de minimis manner.

(p)"Similar Source" means a stationary source or process that has comparable emissions and is structurally similar in design and capacity to a constructed or reconstructed major source such that the source could be controlled using the same control technology.

(3)Maximum Achievable Control Technology (MACT) Determinations for Constructed and Reconstructed Major Sources.

(a)Applicability. The requirements of this paragraph apply to an owner or operator who constructs or reconstructs a major source of HAP subject to a case-by-case determination of maximum achievable control technology pursuant to this Rule.

(b)Principles of MACT determinations. The following general principles shall govern preparation by the owner or operator of each permit application or other application requiring a case-by-case MACT determination concerning construction or reconstruction of a major source, and all subsequent review of and actions taken concerning such an application by the Department:

1.The MACT emission limitation or MACT requirements recommended by the applicant and approved by the Department shall not be less stringent than the emission control which is achieved in practice by the best controlled similar source, as determined by the Department.

2.Based upon available information, as defined in this Rule, the MACT emission limitation and control technology (including any requirements under subparagraph (b)3. below) recommended by the applicant and approved by the Department shall achieve the maximum degree of reduction in emissions of HAP which can be achieved by utilizing those control technologies that can be identified from the available information, taking into consideration the costs of achieving such emission reduction and any non-air quality health and environmental impacts and energy requirements associated with the emission reduction.

3.The applicant may recommend a specific design, equipment, work practice, or operational standard, or a combination thereof, and the Department may approve such a standard if the Department specifically determines that it is not feasible to prescribe or enforce an emission limitation under the criteria set forth in Section 112(h)(2) of the Act.

4.If the Administrator has either proposed a relevant emission standard pursuant to Section 112(d) or Section 112(h) of the Act or adopted a presumptive MACT determination for the source category which includes the constructed or reconstructed major source, then the MACT requirements applied to the constructed or reconstructed major source shall have considered those MACT emission limitations and requirements of the proposed standard or presumptive MACT determination.

(c)Application requirements for a case-by-case MACT determination.

1.An application for a MACT determination (whether a permit application under Chapter 335-3-16, or other permit specified by the Department under subparagraph (d) of this paragraph) shall specify a control technology selected by the owner or operator that, if properly operated and maintained, will meet the MACT emission limitation or standard as determined according to the principles set forth in subparagraph (b) of this paragraph.

2.In each instance where a constructed or reconstructed major source would require additional control technology or a change in control technology, the application for a MACT determination shall contain the following information:

(i)The name and address (physical location) of the major source to be constructed or reconstructed;

(ii)A brief description of the major source to be constructed or reconstructed and identification of any listed source category or categories in which it is included;

(iii)The expected commencement date for the construction or reconstruction of the major source;

(iv)The expected completion date for construction or reconstruction of the major source;

(v)the anticipated date of start-up for the constructed or reconstructed major source;

(vi)The HAP emitted by the constructed or reconstructed major source, and the estimated emission rate for each such HAP, to the extent this information is needed by the Department to determine MACT;

(vii)Any enforceable emission limitations applicable to the constructed or reconstructed major source;

(viii)The maximum and expected utilization of capacity of the constructed or reconstructed major source, and the associated uncontrolled emission rates for that source, to the extent this information is needed by the Department to determine MACT;

(ix)The controlled emissions for the constructed or reconstructed major source in tons/yr at expected and maximum utilization of capacity, to the extent this information is needed by the Department to determine MACT;

(x)A recommended emission limitation for the constructed or reconstructed major source consistent with the principles set forth in subparagraph (d) of this paragraph;

(xi)The selected control technology to meet the recommended MACT emission limitation, including technical information on the design, operation, size, estimated control efficiency of the control technology (and the manufacturer's name, address, telephone number, and relevant specifications and drawings, if requested by the Department);

(xii)Supporting documentation including identification of alternative control technologies considered by the applicant to meet the emission limitation, and analysis of cost and non-air quality health environmental impacts or energy requirements for the selected control technology; and

(xiii)Any other relevant information required pursuant to Subpart A, 40 CFR 63.

3.In each instance where the owner or operator contends that a constructed or reconstructed major source will be in compliance, upon startup, with case-by-case MACT under this Rule without a change in control technology, the application for a MACT determination shall contain the following information:

(i)The information described in subparagraphs (c)2.(i) through (c)2.(x) of this paragraph; and

(ii)Documentation of the control technology in place.

(d)Permit Content.

1.The Air Permit will contain a MACT emission limitation (or a MACT work practice standard if the Department determines it is not feasible to prescribe or enforce an emission standard) to control the emissions of HAP. The MACT emission limitation or standard will be determined by the Department and will conform to the principles set forth in subparagraph (3)(b) of this Rule.

2.The Air Permit will specify any notification, operation and maintenance, performance testing, monitoring, reporting and record keeping requirements, including:

(i)Additional emission limits, production limits, operational limits or other terms and conditions necessary to ensure enforceability of the MACT emission limitation;

(ii)Compliance certifications, testing, monitoring, reporting and record keeping requirements that are consistent with the requirements of 335-3-16-.07;

(iii)In accordance with Section 114(a)(3) of the Act, monitoring shall be capable of demonstrating continuous compliance during the applicable reporting period. Such monitoring data shall be of sufficient quality to be used as a basis for enforcing all applicable requirements established under this Rule, including emission limitations;

(iv)A statement requiring the owner or operator to comply with all applicable requirements contained in Subpart A of 40 CFR 63;

3.All provisions contained in the Air Permit shall be enforceable upon the effective date of issuance of said permit, as provided by subparagraph (g) of this paragraph.

4.The Air Permit shall expire if construction or reconstruction has not commenced within 18 months of issuance, unless the Department has granted an extension which shall not exceed an additional 12 months.

(e)Public participation.

1.Notice shall be given by publication in a newspaper of general circulation in the area where the source is located or in a State publication designed to give general public notice and also to persons on a mailing list developed by the Department for persons desiring notice of permit action, including persons who have requested in writing to be on such a list;

2.The notice shall identify the affected facility; the name and address of the permittee; the address of the Department; the activity or activities involved in the permit action; the emissions change involved in any permit modification; the name, address, and telephone number of a person from whom interested persons may obtain additional information, including copies of the permit draft, the application, all relevant supporting materials, including any compliance plan, monitoring and compliance certification report, except for information entitled to be kept confidential, and all other materials available to the Department that are relevant to the permit decision; a brief description of the comment procedures required by this Chapter; and the time and place of any hearing that may be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled);

3.The Department shall provide at least 30 days for public comment and shall give notice of any public hearing at least 30 days in advance of the hearing; and

4.The Department shall keep a record of the comments made during the public participation process.

5.EXCEPTION.

(i)If the owner or operator obtains a Major Source Operating Permit prior to construction or reconstruction of a source subject to this Rule, then the requirements of this subparagraph do not apply.

(ii)If the owner or operator is concurrently applying for an Air Permit under Rules 335-3-14-.04 or 335-3-14-.05, the public participation requirements of those Rules shall substitute for the requirements of this paragraph.

(f)Prohibition of construction. An owner or operator applying for a MACT emission limitation for new sources under this Rule shall not begin construction until a permit has been issued pursuant to this Rule.

(g)Effective date. The effective date of a MACT determination shall be the date of issuance of a final Major Source Operating Permit incorporating a MACT determination (in those instances where the owner or operator either is required or elects to obtain such a permit before construction or reconstruction), or a permit issued pursuant to this Rule.

(h)Compliance date. On and after the date of start-up, a constructed or reconstructed major source which is subject to the requirements of this Rule shall be in compliance with all applicable requirements specified in the MACT determination.

(i)Compliance with MACT determinations.

1.An owner or operator of a constructed or reconstructed major source that is subject to a MACT determination shall comply with all requirements in the final Major Source Operating Permit (in those instances where the owner or operator either is required or elects to obtain such a permit before construction or reconstruction), or other permit issued pursuant to this Rule, including but not limited to any MACT emission limitation or MACT work practice standard, and any notification, operation and maintenance, performance testing, monitoring, reporting, and recordkeeping requirements.

2.An owner or operator of a constructed or reconstructed major source which has obtained a MACT determination shall be deemed to be in compliance with Section 112(g)(2)(B) of the Act and this Rule only to the extent that the constructed or reconstructed major source is in compliance with all requirements set forth in the final Major Source Operating Permit (in those instances where the owner or operator either is required or elects to obtain such a permit before construction or reconstruction), or other permit issued pursuant to this Rule. Any violation of such requirements by the owner or operator shall be deemed by the Department and by EPA to be a violation of the prohibition on construction or reconstruction in Section 112(g)(2)(B) and this Rule for whatever period the owner or operator is determined to be in violation of such requirements, and shall subject the owner or operator to appropriate enforcement action under the Act.

(4)Requirements for Constructed or Reconstructed Major Sources Subject to a Subsequently Promulgated MACT Standard or MACT Requirement.

(a)If the Administrator promulgates an emission standard under Section 112(d) or Section 112(h) of the Act or the Department issues a determination under Section 112(j) of the Act [40 CFR 63, Subpart B, as incorporated by reference in Rule 335-3-11-.06(1)] that is applicable to a stationary source or group of sources which would be deemed to be a constructed or reconstructed major source under this Rule before the date that the owner or operator has obtained a final and legally effective MACT determination pursuant to this Rule, the owner or operator of the source(s) shall comply with the promulgated standard or determination rather than any MACT determination under this Rule, and the owner or operator shall comply with the promulgated standard by the compliance date in the promulgated standard.

(b)If the Administrator promulgates an emission standard under Section 112(d) or Section 112(h) of the Act or the Department makes a determination under Section 112(j) of the Act [40 CFR 63, Subpart B, as incorporated by reference in Rule 335-3-11-.06(1)] that is applicable to a stationary source or group of sources which was deemed to be a constructed or reconstructed major source under this Rule and has been subject to a prior case-by-case MACT determination pursuant to this Rule, and the owner and operator obtained a final and legally effective case-by-case MACT determination prior to the promulgation date of such emission standard, then the Department shall (if the initial Major Source Operating Permit has not yet been issued) issue an initial operating permit which incorporates the emission standard or determination, or shall (if the initial Major Source Operating Permit has been issued) revise the operating permit according to the reopening procedures in Chapter 335-3-16 to incorporate the emission standard or determination.

1.The EPA may include in the emission standard established under Section 112(d) or Section 112(h) of the Act a specific compliance date for those sources which have obtained a final and legally effective MACT determination under this Rule and which have submitted the information required by paragraph (3) of this Rule to the EPA before the close of the public comment period for the standard established under Section 112(d) of the Act. Such date shall assure that the owner or operator shall comply with the promulgated standard as expeditiously as practicable, but not longer than 8 years after such standard is promulgated. In that event, the Department shall incorporate the applicable compliance date in the Major Source Operating Permit.

2.If no compliance date has been established in the promulgated Section 112(d) or 112(h) standard or Section 112(j) determination [40 CFR 63, Subpart B, as incorporated by reference in Rule 335-3-11-.06(1)], for those sources which have obtained a final and legally effective MACT determination under this Rule, then the Department shall establish a compliance date in the permit that assures that the owner or operator shall comply with the promulgated standard or determination as expeditiously as practicable, but not longer than 8 years after such standard is promulgated or a Section 112(j) determination [40 CFR 63, Subpart B, as incorporated by reference in Rule 335-3-11-.06(1)] is made.

(c)Notwithstanding the requirements of subparagraphs (a) and (b) of this paragraph, if the Administrator promulgates an emission standard under Section 112(d) or Section 112(h) of the Act or the Department issues a determination under Section 112(j) of the Act [40 CFR 63, Subpart B, as incorporated by reference in Rule 335-3-11-.06(1)] that is applicable to a stationary source or group of sources which was deemed to be a constructed or reconstructed major source under this Rule and which is the subject of a prior case-by-case MACT determination pursuant to paragraph (3) of this Rule, and the level of control required by the emission standard issued under Section 112(d) or Section 112(h) or the determination issued under Section 112(j) [40 CFR 63, Subpart B, as incorporated by reference in Rule 335-3-11-.06(1)] is less stringent than the level of control required by any emission limitation or standard in the prior MACT determination, the Department is not required to incorporate any less stringent terms of the promulgated standard in the Major Source Operating Permit applicable to such source(s) and may in its discretion consider any more stringent provisions of the prior MACT determination to be applicable legal requirements when issuing or revising such an operating permit.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-11, 22-28-14, 22-28-16, 22-22A-5.

History: New Rule: Filed February 20, 1998; effective March 27, 1998. Amended: Filed August 3, 2000; effective September 7, 2000.

For the purposes of this Chapter only, the following words and phrases, unless a different meaning is plainly required by the content, shall have the following meanings.

(a)"Act" means the Clean Air Act, as amended, 42 U.S.C. 7401, et seq.

(b)"Affected source" means a source that includes one or more affected units subject to emission reduction requirements or limitations in Title IV of the Act.

(c)"Affected States" are all States:

1.Whose air quality may be affected and that are contiguous to the State in which permit modification or permit renewal is being proposed; or

2.That are within 50 miles of the permitted source.

(d)"Affected Unit" means any unit subject to emission reduction requirements or limitations under Title IV of the Act.

(e)"Applicable Requirement" means all of the following as they apply to emissions units (including requirements that have been promulgated or approved by EPA through rule making at the time of issuance but have future effective compliance dates):

1.Any standard or other requirement provided for in Alabama's State Implementation Plan approved or promulgated by EPA through rule making in Part 51 of Title 40 in the Code of Federal Regulations that implements the relevant requirements of the Act, including any revisions to that plan promulgated in Subpart B of Part 52 of Title 40 in the Code of Federal Regulation.

2.Any term or condition of any preconstruction permits issued pursuant to regulations approved or promulgated through rule making under Title I, including parts C or D, of the Act; (Air Pollution Prevention and Control, Prevention of Significant Deterioration and Plan Requirement for nonattainment areas);

3.Any standard or other requirement in Chapter 335-3-10 (NSPS); including Section 111(d);

4.Any standard or other requirement in Chapter 335-3-11 (NESHAPS), including any requirement concerning accident prevention under Section 112(r)(7) of the Act;

5.Any standard or other requirement of the acid rain program under Title IV (Acid Deposition Control) of the Act or the regulations promulgated thereunder;

6.Any requirements established pursuant to Section 504(b) or Section 114(a)(3) of the Act;

7.Any standard or other requirement governing solid waste incineration, under Section 129 of the Act;

8.Any standard or other requirement for consumer and commercial products, under Section 183(e) of the Act;

9.Any standard or other requirement for tank vessels under Section 183(f) of the Act;

10.Any standard or other requirement of the regulations promulgated to protect stratospheric ozone (Title VI of the Act, Stratospheric Ozone Protection) unless the Administrator has determined that such requirements need not be contained in a Title V permit; and

11.Any national ambient air quality standard as defined in Rule 335-3-1-.03 or increment as defined in Rule 335-3-14-.04 (3) or visibility requirement in Rule 335-3-14-.04 (15), but only as it would apply to temporary sources permitted pursuant to Rule 335-3-16-.09.

(f)"The Department" means the Alabama Department of Environmental Management.

(g)"Designated Representative" means a responsible person or official authorized by the owner or operator of an Affected Unit to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to an Affected Unit, and the submission of and compliance with permits, permit applications, and compliance plans for the Affected Unit.

(h)"Draft Permit" means the version of a permit for which the Department offers public participation under Rule 335-3-16-.15(4) or affected State review under Rule 335-3-16-.15(2) of this Chapter.

(i)"Emissions Allowable Under the Permit" means a federally enforceable permit term or condition determined at issuance of the permit to be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject.

(j)"Emissions Unit" means any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant or any pollutant listed under Section 112(b) of the Act. This term is not meant to alter or affect the definition of the term "unit" for purposes of Title IV (Acid Deposition Control) of the Act.

(k)"The EPA" or "the Administrator" means the Administrator of the EPA or his/her designee.

(1)"Final Permit" means the version of a permit issued by the Department that has completed all review procedures required by Rules 335-3-16-.12 and 335-3-16-.15 of this Chapter.

(m)"Fugitive Emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

(n)"General Permit" means a permit that meets the requirements of Rule 335-3-16-.08.

(o)"Insignificant Activity" generally means any air emissions or air emissions unit at a plant that has the potential to emit less than 5 tons per year of any criteria pollutant or less than 1,000 pounds per year of any pollutant listed in Appendix G of ADEM Admin. Code R. 335-3. Subject to EPA review and approval the Director may determine that certain types or classes of units may be considered insignificant at higher emission levels, or that, due to the nature of the pollutant(s) emitted, a unit may be considered significant at a lower emission rate. The Director shall maintain lists of air emissions or air emission units which are considered to be insignificant without a determination of emission levels by the permittee. Changes to this list are subject to EPA review and approval. Activities subject to applicable requirements as defined in paragraph (e) of this Rule shall not be classified as insignificant.

(p)"Interim Approval" means a conditional approval of ADEM Admin. Code 335-3-16 by the Administrator that may extend the implementation deadline of this Administrative Code.

(q)"Major Source" means any stationary source [or any group of stationary sources that are located on one or more contiguous or adjacent properties, and are under common control of the same person (or persons under common control)] belonging to a single major industrial grouping and that are described in paragraph (1) or (2) of this definition. For the purposes of defining "major source," a stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same Major Group (i.e., all have the same two digit code) as described in the Standard Industrial Classification Manual, 1987.

1.A major source under Section 112 of the Act, which is defined as:

(i)For pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10 tons per year (tpy) or more of any hazardous air pollutant which has been listed in Appendix G of this Administrative Code, 25 tpy or more of any combination of such hazardous air pollutants, or such lesser quantity as the Administrator may establish by rule. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or

(ii)For radionuclides, "major source" shall have the meaning specified by the Administrator by rule.

2.A major stationary source of air pollutants, as defined in Section 302 of the Act, that directly emits or has the potential to emit, 100 tpy or more of any regulated air pollutant (including any major source of fugitive emissions of any such pollutant, as determined by rule by the Administrator). The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source for the purposes of this Chapter, unless the source belongs to one of the following categories of stationary source:

(i)Coal cleaning plants (with thermal dryers);

(ii)Kraft pulp mills;

(iii)Portland cement plants;

(iv)Primary zinc smelters;

(v)Iron and steel mills;

(vi)Primary aluminum ore reduction plants;

(vii)Primary copper smelters;

(viii)Municipal incinerators capable of charging more than 250 tons of refuse per day;

(ix)Hydrofluoric, sulfuric, or nitric acid plants;

(x)Petroleum refineries;

(xi)Lime plants;

(xii)Phosphate rock processing plants;

(xiii)Coke oven batteries;

(xiv)Sulfur recovery plants;

(xv)Carbon black plants (furnace process);

(xvi)Primary lead smelters;

(xvii)Fuel conversion plants;

(xviii)Sintering plants;

(xix)Secondary metal production plants;

(xx)Chemical process plants;

(xxi)Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;

(xxii)Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(xxiii)Taconite ore processing plants;

(xxiv)Glass fiber processing plants;

(xxv)Charcoal production plants;

(xxvi)Fossil-fuel fired steam electric plants of more than 250 million British thermal units per hour heat input; or

(xxvii)All other stationary source categories regulated by a standard promulgated under Chapters 10 and 11 of this Administrative Code.

(r)"Operating Permit" or "Permit" (unless the context suggests otherwise) means any permit or group of permits that is issued, renewed, amended, or revised pursuant to this Chapter.

(s)"Permit Modification" means a revision to a permit that meets the requirements of Rules 335-3-16-.13(3) and (4).

(t)"Permit Revision" means any permit modification or administrative permit amendment.

(u)"Potential to Emit" means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source's potential to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is enforceable by the Administrator. This term does not alter or affect the use of this term for any other purposes under the Act, or the term "capacity factor" as used in Title IV (Acid Deposition Control) of the Act or the regulations promulgated thereunder.

(v)"Proposed Permit" means the version of a permit that the Department proposes to issue and forwards to the Administrator for review in compliance with Rule 335-3-16-.15(2).

(w)"Regulated Air Pollutant" means the following:

1.Nitrogen oxides or any volatile organic compounds;

2.Any pollutant for which a national ambient air quality standard has been promulgated;

3.Any pollutant that is subject to any standard promulgated under Section 111 of the Act;

4.Any Class I or II substance subject to a standard promulgated under or established by Title VI (Stratospheric Ozone Protection) of the Act; or

5.Any pollutant subject to a standard promulgated under Section 112 or other requirements established under Section 112 of the Act, including Sections 112(g), (j), and (r) of the Act, including the following:

(i)Any pollutant subject to requirements under Section 112(j) of the Act. If the Administrator fails to promulgate a standard by the date established pursuant to Section 112(e) of the Act, any pollutant for which a subject source would be major shall be considered to be regulated on the date 18 months after the applicable date established pursuant to Section 112(e) of the Act; and

(ii)Any pollutant for which the requirements of section 112(g)(2) of the Act have been met, but only with respect to the individual source subject to Section 112(g)(2) requirement.

(x)"Renewal" means the process by which a permit is reissued at the end of its term.

(y)"Responsible Official" means one of the following:

1.For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either:

(i)The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or

(ii)The delegation of authority to such representatives is approved in advance by the Department;

2.For a partnership or sole proprietorship: a general partner or the proprietor, respectively;

3.For a municipality, State, Federal, or other public agency: Either a principal executive officer or ranking elected official. For the purposes of this Chapter, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or

4.For affected sources:

(i)The designated representative in so far as actions, standards, requirements, or prohibitions under Title IV (Acid Deposition Control) of the Act or the regulations promulgated thereunder are concerned; and

(ii)The designated representative for any other purposes under this Chapter.

(z)"Section 502(b)(10) Changes" are changes that contravene an express permit term. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), record keeping, reporting, or compliance certification requirements.

(aa)"Stationary Source" means any building, structure, facility, or installation that emits or may emit any regulated air pollutant or any pollutant listed under Appendix G of this Administrative Code.

(bb)"Trivial Activity" means any air emissions from a unit that is considered inconsequential, as determined by the Director. The Director shall maintain a list of air emission units that have been determined to be trivial activities.

Authors: Richard E. Grusnick, Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-4, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed November 23, 1993; Effective Date: December 28, 1993. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed August 3, 2000; effective September 7, 2000. Amended: Filed August 29, 2002; effective October 3, 2002.

(1)Any Major Source operating without an Air Permit, an Operating Permit or a Synthetic Minor Operating Permit (as defined in Chapters 14, 15 and 16 of this Administrative Code) may continue to operate (or may restart) only if its owner or operator obtains an Operating Permit or a Synthetic Minor Operating Permit prior to a date to be set by the Director (or prior to restarting).

(2)Display of Operating Permit. A person who has been granted an Operating Permit for any article, machine, equipment, or other contrivance shall keep such permit under file or on display at all times at the site where the article, machine, equipment, or other contrivance is located and will make such a permit readily available for inspection by any and all persons who may request to see it.

(3)The Director shall have the authority to decide cases where an article, machine, equipment, or other contrivance is not clearly subject to nor exempt from the application of this Rule. The operator or builder of such an article, machine, equipment, or other contrivance may appeal the Director's classification to the Commission, which shall overrule the Director only if it is shown that he acted arbitrarily and contrary to the purposes of the Act.

(4)The Director may issue an Operating Permit subject to conditions which will bring the operation of any article, machine, equipment, or other contrivance within the standards of subparagraph (8)(a) of this Rule in which case the conditions shall be specified in writing. Commencing construction or operation under such an Operating Permit shall be deemed acceptance of all the conditions specified. The Director may issue an Operating Permit with revised conditions upon receipt of a new application, if the applicant demonstrates that the article, machine, equipment, or other contrivance can operate within the standards of subparagraph (8)(a) of this Rule under the revised conditions.

(5)Provision of Sampling and Testing Facilities. A person operating or using any article, machine, equipment or other contrivance for which this Administrative Code require a permit shall provide and maintain such sampling and testing facilities as specified in the Operating Permit.

(6)Transfer. An Operating Permit shall not be transferable whether by operation of law or otherwise, either from one location to another, from one piece of equipment to another, or from one person to another, except as provided in Rule 335-3-16-.13(1)(a)5.

(7)Delegation of Operating Permit Requirements to Local Air Pollution Control Programs.

(a)Local air pollution control programs may receive delegation of authority from the Director to administer the requirements of Chapter 335-3-16 of the ADEM Administrative Code within their jurisdiction provided the local air pollution control program:

1.adopts regulations insuring applicants are required to satisfy the same requirements as contained in the Department's regulations; and

2.adopts regulations which require the Director to be provided with an opportunity to review the permit application, the analysis of the permit, and proposed permit conditions at least 30 days prior to issuance of an Operating Permit.

(b)If the Director of the Department determines that local program procedures for implementing all the portions of Chapter 335-3-16 are inadequate, or are not being effectively carried out, any authority delegated to the local programs to administer Chapter 335-3-16 may be revoked in whole or in part. Any such revocation shall be effective as of the date specified in a Notice of Revocation to the local air pollution control program.

(c)The Director reserves the authority contained in subparagraph (8)(e) of this Rule, to revoke any Operating Permit issued pursuant to this Chapter.

(d)Any Operating Permit issued by a local air pollution control program, including all conditions contained therein, is enforceable by the Department.

(8)General Standards for Granting Operating Permits.

(a)The Director shall deny an Operating Permit if the applicant does not show that every article, machine, equipment, or other contrivance, the use of which may cause the issuance of air contaminants, is so designed, controlled, or equipped with such air pollution control equipment, that it is expected to operate without emitting or without causing to be emitted air contaminants in violation of this Administrative Code.

(b)The Director shall deny an Operating Permit if the applicant does not present, in writing, a plan whereby the emission of air contaminants by every article, machine, equipment, or other contrivance described in the permit application, will be reduced during periods of an Air Pollution Alert, Air Pollution Warning, and Air Pollution Emergency in accordance with the provisions of Chapter 335-3-2, where such plan is required.

(c)Before an Operating Permit is granted, the Director may require the applicant to provide and maintain such facilities as are necessary for sampling and testing purposes in order to secure information that will disclose the nature, extent, quantity or degree of air contaminants discharged into the atmosphere from the article, machine, equipment, or other contrivance described in the Operating Permit. In the event of such a requirement, the Director shall notify the applicant in writing of the required size, number, and location of the sampling platform; the access to the sampling platform; and the utilities for operating and sampling and testing equipment. The Director may also require the applicant to install, use, and maintain such monitoring equipment or methods, including enhanced monitoring methods prescribed under Section 504(b) or Section 114(a)(3); sample such emissions in accordance with such methods, at such locations, intervals, and procedures as may be specified; and provide such information as the Director may require.

(d)Before acting on an application for an Operating Permit, the Director may require the applicant to furnish further information or further plans or specifications.

(e)If the Director finds that the article, machine, or other contrivance has been constructed not in accordance with the Operating Permit application, and if the changes noted are of a substantial nature in that the amount of air contaminants emitted by the article, machine, equipment, or other contrivance may be increased, or in that the effect is unknown, then he shall revoke the Operating Permit. The Director shall not accept any further application for an Operating Permit until the article, machine, equipment, or other contrivance has been reconstructed in accordance with said Operating Permit or until the applicant has proven to the satisfaction of the Director that the change will not cause an increase in the emission of air contaminants.

(9)Revocation of Operating Permits. Any Operating Permit granted by the Director may be revoked for any of the following causes:

(a)failure to comply with any conditions of the permit;

(b)failure to establish and maintain such records, make such reports, install, use and maintain such monitoring equipment or methods; and sample such emissions in accordance with such methods at such locations, intervals and procedures as the Director may prescribe in accordance with Rule 335-3-1-.04(2);

(c)failure to comply with any provisions of any Departmental administrative order issued concerning the permitted Stationary Source or facility;

(d)failure to allow employees of the Department upon proper identification, to:

1.enter any premises where any article, machine, equipment, or other contrivance described in Rule 335-3-16-.03(1) is located or in which any records are required to be kept under provisions of the permit and/or this Administrative Code;

2.have access to and copy any records required to be kept under provisions of the permit and/or this Administrative Code;

3.inspect any monitoring equipment or practices being maintained pursuant to the permit and/or this Administrative Code; and

4.have access to and sample any discharge of air contaminants resulting directly or indirectly from the operation of any article, machine, equipment, or other contrivance described in Rule 335-3-16-.03(1).

(e)failure to comply with this or any other Administrative Code of the Department.

(f)for any other cause, after a hearing which establishes, in the judgment of the Department, that continuance of the permit is not consistent with the purpose of the Act or this Administrative Code.

(10)Stack Heights.

(a)Definitions. For purposes of this paragraph, the following terms will have the meanings ascribed in this subparagraph.

1."Emission limitation" and "emission standard" mean a requirement, established by ADEM or the EPA Administrator, which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction.

2."Stack" means any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct but not including flares.

3."A stack in existence" means that the owner or operator had (1) begun, or caused to begin, a continuous program of physical on-site construction of the stack or (2) entered into binding agreements or contractual obligations, which could not be canceled or modified without substantial loss to the owner or operator, to undertake a program of construction of the stack to be completed in a reasonable time.

4."Dispersion technique" means any technique which attempts to affect the concentration of a pollutant in the ambient air by:

(i)Using that portion of a stack which exceeds good engineering practice stack height;

(ii)Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or

(iii)Increasing final exhaust gas plume rise by manipulating source-process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one stack; or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise.

(iv)The preceding sentence does not include:

(I)The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream; or,

(II)The merging of exhaust gas streams where:

I.The source owner or operator demonstrates that the facility was originally designed and constructed with such merged gas streams;

II.After July 8, 1985, such merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion from the definition of "dispersion techniques" shall apply only to the emission limitation for the pollutant affected by such change in operation; or

III.Before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emissions control equipment or was carried out for sound economic or engineering reasons. Where there was an increase in the emission limitation or, in the event that no emission limitation was in existence prior to the merging, an increase in the quantity of pollutants actually emitted prior to the merging, the Director shall presume that merging was significantly motivated by an intent to gain emissions credit for greater dispersion. Absent a demonstration by the source owner or operator that merging was not significantly motivated by such intent, the Director shall deny credit for the effects of such merging in calculating the allowable emissions for the source;

(III)Smoke management in agricultural or silvicultural prescribed burning programs;

(IV)Episodic restrictions on residential woodburning and open burning; or

(V)Techniques under subparagraph (a)4.(iii) of this paragraph which increase final exhaust gas plume rise where the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year.

5."Good engineering practice" (GEP) stack height means the greater of:

(i)65 meters measured from the ground-level elevation at the base of the stack:

(ii)For stacks in existence on January 12, 1979, and for which the owner or operator had obtained all applicable permits or approvals required under 40 CFR 51 and 52, provided the owner or operator produces evidence that this equation was actually relied on in establishing an emission limitation;

Hg = 2.5H

(I)For all other stacks,

Hg = H + 1.5 L,

where

Hg = good engineering practice stack height measured from the ground-level elevation at the base of the stack,

H = height of nearby structure(s) measured from the ground-level elevation at the base of the stack,

L = lesser dimension, height or projected width of nearby structure(s),

provided that the Director may require the use of a field study or fluid model to verify GEP stack height for the source; or

(iii)The height demonstrated by a fluid model or a field study approved by the Director, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures, or nearby terrain features.

6."Nearby" as used in subparagraph (a)5. of this paragraph is defined for a specific structure or terrain feature and

(i)for purposes of applying the formulas provided in subparagraph (a)5.(ii) of this paragraph means that distance up to five times the lesser of the height or the width dimension of a structure, but not greater than 0.8 km (1/2 mile), and

(ii)for conducting demonstrations under subparagraph (a)5.(iii) of this paragraph means not greater than 0.8 km (1/2 mile), except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to 10 times the maximum height (ht) of the feature, not to exceed 2 miles if such feature achieves a height (ht) 0.8 km from the stack that is at least 40 percent of the GEP stack height determined by the formula provided in subparagraph (a)5.(ii)(I) of this paragraph or 26 meters, whichever is greater, as measured from the ground-level elevation at the base of the stack. The height of the structure or terrain feature is measured from the ground-level elevation at the base of the stack.

7."Excessive concentration" is defined for the purpose of determining GEP stack height under subparagraph (a)(5)(iii) of this paragraph and means:

(i)for sources seeking credit for stack height exceeding that established under subparagraph (a)5.(ii) of this paragraph, a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and which contributes to a total concentration due to emissions from all sources that is greater than a NAAQS. For sources subject to the PSD program (Rule 335-3-14-.04), an excessive concentration alternatively means a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features which individually is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and greater than a prevention of significant deterioration increment. The allowable emissions rate to be used in making demonstrations under this Rule shall be prescribed by the new source performance standard that is applicable to the source category unless the owner or operator demonstrates that this emission rate is infeasible. Where such demonstrations are approved by the Director, an alternative emission rate shall be established in consultation with the source owner or operator;

(ii)for sources seeking credit after October 11, 1983, for increases in existing stack heights up to the heights established under subparagraph (a)5.(ii) of this paragraph, either:

(I)a maximum ground-level concentration due in whole or part to downwash, wakes, or eddy effects as provided in subparagraph (a)7.(i) of this paragraph, except that the emission rate specified elsewhere in this Administrative Code (or, in the absence of such a limit, the actual emission rate) shall be used, or

(II)the actual presence of a local nuisance caused by the existing stack, as determined by the Director; and

(iii)for sources seeking credit after January 12, 1979, for a stack height determined under subparagraph (a)5.(ii) of this paragraph where the Director requires that use of a field study or fluid model to verify GEP stack height, for sources seeking stack height credit after November 9, 1984, based on the aerodynamic influence of cooling towers, and for sources seeking stack height credit after December 31, 1970, based on the aerodynamic influence of structures not adequately represented by the equations in subparagraph (a)5.(ii) of this paragraph, a maximum ground-level concentration due in whole or part to downwash, wakes, or eddy effects that is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects.

(b)Before acting on any Major Source Operating Permit, the Director shall require that the degree of emission limitation required of any source for control of any air pollutants shall not be affected by so much of any source's stack height that exceeds GEP or by any other dispersion technique, except as provided in subparagraph (c) of this paragraph.

(c)The provisions of subparagraph (b) of this paragraph shall not apply to stack heights in existence, or dispersion techniques implemented, prior to December 31, 1970, except where pollutants are being emitted from such stacks or using such dispersion techniques by sources, as defined in Section 111(a)(3) of the Clean Air Act, which were constructed, or reconstructed or for which major modifications, as defined pursuant to Rules 335-3-14-.05(2)(d) and 335-3-14-.04(2)(b), were carried out after December 31, 1970.

(d)If any existing source, after appropriate application of the preceding limitations and provisions, is found to exceed or potentially exceed a NAAQS or PSD increment, when operating within previously established emission limitations, the emissions limitations applicable to that source shall be modified so as to eliminate and prevent the exceedance.

(e)If any new source or source modification, after appropriate application of the preceding limitations and provisions, is predicted to exceed a NAAQS or PSD increment when evaluated under emission limitations consistent with other applicable rules and regulations, the emission limitations considered shall be deemed inadequate and different emission limits, based on air quality considerations, shall be made applicable.

(f)If any source provides a field study or fluid modeling demonstration proposing a GEP stack height greater than that allowed by subparagraphs (a)5.(i) and (a)5.(ii) of this paragraph, then the public will be notified of the availability of the study and provided the opportunity for a public hearing before any new or revised emission limitation or permit is approved.

(g)The actual stack height used or proposed by a source shall not be restricted in any manner by requirements of this paragraph.

Author: Richard E. Grusnick

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-4, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed November 23, 1993; Effective Date: December 28, 1993. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed December 9, 1999; effective January 13, 2000. Amended: Filed August 3, 2000; effective September 7, 2000.

(1)Except as exempted under paragraph (2) below and elsewhere herein, the following sources are subject to the permitting requirements under this Administrative Code:

(a)Any major source as defined under Rule 335-3-16-.01 of this Chapter;

(b)Any source subject to a standard, limitation, or other requirement under Chapters 335-3-10 or 335-3-11 of this Administrative Code;

(c)Any affected source as defined under Rule 335-3-16-.01 of this Chapter;

(2)The following sources are exempt from the requirements of this Chapter:

(a)Non-major sources subject to Chapters 335-3-10 or 335-3-11 of this Administrative Code prior to July 21, 1992;

(b)Non-major sources subject to Chapters 335-3-10 or 335-3-11 of this Administrative Code which have an applicability date after July 21, 1992 that have been exempted by the Administrator from the requirements of 40 CFR 70; and

(c)Asbestos demolitions and renovation sources subject to Chapter 335-3-11 of this Administrative Code.

Author: Richard E. Grusnick

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-4, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed November 23, 1993; Effective Date: December 28, 1993. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Upon becoming subject to this Administrative Code, a source must submit an application, as described in this Rule within 12 months. The Director may require some sources to submit their applications earlier than 12 months after the Rules in this Chapter become applicable if it is determined that an earlier submittal is necessary to satisfy the requirements in Rule 335-3-16-.12(1). The Department shall notify any emission source that must submit early applications at least one year in advance of the date the submittal is due.

(2)Sources subject to Rule 335-3-14-.06 or subject to preconstruction review under Title I of the Act must apply for a permit under this Chapter within 12 months after commencing operation, except, when an existing permit issued under this Chapter prohibits construction or a change in operation, a permit revision must be obtained before commencing operation.

(3)Renewal. An application for renewal shall be submitted at least six (6) months before the date of permit expiration, unless a longer period (not to exceed 18 months) is specified in the permit.

(4)Applications for initial phase II acid rain permits shall be submitted by January 1, 1996 for sulfur dioxide (SO2) and by January 1, 1998 for nitrogen oxides (NOx).

(5)Complete application. Unless the Department notifies the permit applicant in writing that the application is not complete, the application is considered complete 60 days after receipt by the Department. If, while processing the application, the Department determines that more information is needed to evaluate the application, the applicant must submit such information within 30 days or for such other reasonable time as set by a written request(s) by the Department.

(6)A source may operate without a permit under this Chapter between the date the application has been deemed complete and the date the final permit is issued, provided that the applicant submits any requested additional material by the deadline(s) specified by the Department.

(7)Duty to supplement or correct an application. A source must submit additional information to the Department to supplement or correct an application promptly after becoming aware of the need for additional or corrected information. Also, a source must supply to the Department additional information concerning any new requirements which have become applicable after a complete application has been filed but before a draft permit is released.

(8)Standard application form and required information. The following information shall be included in an application by a source for a permit under this Chapter:

(a)Identifying information, including company name and address (or plant name and address if different from the company name), owner's name and agent, and telephone number and names of plant site manager/contact;

(b)A description of the source's processes and products (by four-digit Standard Industrial Classification Code), including any processes and products associated with each alternate scenario that is identified by the source and a list of insignificant sources and the basis for the determination(s);

(c)The following emissions-related information:

1.A list of all emissions of pollutants for which the source is considered to be major and a list of all emissions of regulated air pollutants. The permit application shall describe all emissions of regulated air pollutants emitted from any emissions unit, except where such units are exempted under this Rule. The source shall submit additional information related to the emissions of air pollutants sufficient to verify which requirements are applicable to the source, and other information necessary to determine the amount of any permit fees owed under the fee schedule approved pursuant to Rule 335-1-7-.04 of the ADEM Administrative Code;

2.Identification and description of all points of emissions described in subparagraph (c)l. of this paragraph in sufficient detail to establish the basis for fees and the applicability of the requirements of this chapter;

3.Emissions rates of all pollutants in tons per year (tpy) and in such terms as are necessary to establish compliance consistent with the applicable standard reference test method, or alternative method approved by the Department's Director;

4.The following information to the extent it is needed to determine or regulate emissions: fuels to be used, rate of fuel use, raw materials that will be used in the production process, production rates, and operating schedules;

5.Identification and description of all air pollution control equipment and compliance monitoring devices or activities that will be used by the source;

6.Limitations that will be placed on the source's operation so as to affect emissions or any work practice standards that will be implemented, where applicable, for all regulated pollutants.

7.Other information that may be required to address other applicable requirements (including, but not limited to, information relating to stack height limitations developed pursuant to Section 123 of the Act).

8.Calculations on which the information in subparagraphs 1. through 7. above are based.

9.Trivial and insignificant activities.

(i)Insignificant activities shall not necessarily be listed in permits, issued pursuant to the provisions of this Chapter, provided they are listed in the permit application, and they are not expected to violate any generally applicable requirements listed in the permit.

(ii)Trivial activities shall not be subject to the provisions of this Chapter.

(d)The following air pollution control requirements:

1.Citations and descriptions of all applicable statutory and administrative code requirements, and

2.A description of or reference to any applicable test methods for determining compliance with each applicable statutory or administrative code requirement.

(e)Other information that may be required by the Department to enforce and implement other requirements of this Chapter;

(f)An explanation of all proposed exemptions from otherwise applicable requirements;

(g)Additional information determined by the Department to be necessary to define alternative operating scenarios that are identified by the source pursuant to Rule 335-3-16-.05(1), or to define permit terms or conditions implementing Rule 335-3-16-.05(m) or Rule 335-3-16-.14.

(h)A compliance plan for the source that contains the following:

1.A description of the compliance status of the source with respect to all applicable requirements and a compliance schedule.

2.A statement that the source will continue to comply with all regulatory requirements that it is now in compliance with;

3.A statement that the source will, on a timely basis, meet such requirements that will become effective during the permit term unless a more detailed schedule is expressly required by the applicable requirement;

4.A narrative description of how the source will achieve compliance with requirements for which the source is not in compliance at the time of permit issuance with a compliance schedule for the source. Any schedule shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirements for which the source will be in noncompliance at the time of permit issuance. The compliance schedule shall be at least as stringent as any compliance schedule that is contained in any judicial consent decree or administrative order to which the source is subject. Any schedule of compliance shall be supplemental to, and shall not sanction non-compliance with, the applicable requirements on which it is based.

5.A schedule for submission of certified progress reports no less frequently than every 6 months for sources required to have a schedule of compliance to remedy a violation.

6.The compliance plan content requirements specified in this paragraph shall apply and be included in the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations promulgated under Title IV of the Act with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations.

(i)A compliance certification, including the following:

1.A certification of compliance with all applicable requirements by a responsible official consistent with paragraph (9) of this Rule and Section 114(a)(3) of the Act, as it relates to the enhanced monitoring requirements;

2.A statement of methods used for determining compliance, including a description of monitoring, record keeping, and reporting requirements and test methods;

3.A schedule for submission of compliance certifications during the permit term, which shall be submitted annually, or more frequently if required by the underlying applicable requirement or by the Department; and

4.A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements of the Act.

(j)The use of nationally-standardized forms for acid rain portions of permit applications and compliance plans as required by regulations promulgated under Title IV of the Act.

(9)Certification of truth, accuracy and completeness. Any application form, report, or compliance certification submitted pursuant to this Administrative Code shall contain certification by a responsible official of truth, accuracy, and completeness. This Certification and any other certification required under this Chapter shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

Authors: Richard E. Grusnick, Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-4, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed November 23, 1993; effective date: December 28, 1993. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed February 20, 1998; effective March 27, 1998. Amended: Filed August 3, 2000; effective September 7, 2000. Amended: Filed February 7, 2002; effective March 14, 2002.

All permits required under this Chapter shall include certain standard permit requirements. The permits shall contain the following:

(a)Applicable emissions limitations and standards and operational requirements and limitations necessary to assure compliance with all applicable requirements at the time of permit issuance. In addition, the permit shall include:

1.A statement or reference to the origin and authority for each term or condition in the permit and any difference in form as compared to the applicable requirement under this Chapter upon which the term or condition is based; and

2.A statement to the effect that where an applicable requirement of this Chapter is more stringent than an applicable requirement of regulations promulgated under Title IV of the Act, both provisions shall be incorporated into the permit and shall be enforceable by the Department.

(b)Duration of Operating Permits.

1.The Department shall issue permits for a fixed period of five years, except as provided in subparagraph (b)2. below.

2.Solid waste incineration units combusting municipal waste subject to standards under Section 129(e) of the Act shall have a fixed term not to exceed 12 years. However, said permits shall be reviewed every five years.

3.Permits which are issued for new emission units before the units become operational shall be effective for five years after operation of the unit commences.

(c)Monitoring and record keeping requirements.

1.Permits shall contain the following requirements with respect to monitoring:

(i)All emissions monitoring and analysis procedures or test methods required under the applicable requirements, including any procedures and methods promulgated pursuant to Sections 114(a)(3) or 504(b) of the Act;

(ii)Where the applicable requirement does not require periodic testing or instrumental or non-instrumental monitoring (e.g. record keeping designed to serve as monitoring), periodic monitoring sufficient to yield reliable data from the relevant time period that is representative of the source's compliance with the permit, as reported pursuant to subparagraph (c) of this paragraph. Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement. In certain instances record keeping provisions may be sufficient to meet the requirements of this paragraph; and

(iii)As necessary, information concerning the use, maintenance, and, where appropriate, installation of monitoring equipment or methods.

2.With respect to record keeping, the permit shall incorporate all requirements of this Chapter and require, where appropriate, the following:

(i)Records of required monitoring information of the source that include the following:

(I)The date, place as defined in the permit, and time of all sampling or measurements;

(II)The date(s) analyses were performed;

(III)The company or entity that performed the analyses;

(IV)The analytical techniques or methods used;

(V)The results of all analyses; and

(VI)The operating conditions that existed at the time of sampling or measurement;

(ii)Retention of records of all required monitoring data and support information of the source for a period of at least 5 years from the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation and copies of all reports required by the permit.

3.Permits shall incorporate all reporting requirements of this Chapter and require the following:

(i)The source to submit reports to the Department of any required monitoring at least every 6 months. All instances of deviations from permit requirements must be clearly identified in said reports. All required reports must be certified by a responsible official consistent with Rule 335-3-16-.04(9).

(ii)The source to report deviations from permit requirements within 2 working days of such deviations, including those attributable to upset conditions as defined in the permit, the probable cause of said deviations, and any corrective actions or preventive measures that were taken.

(d)Permits shall contain statements to the effect that emissions exceeding any allowances that the source lawfully holds under Title IV of the Act or the regulations promulgated thereunder are prohibited. Furthermore, the following shall be applicable:

1.No permit revision shall be required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, provided that such increases do not require a permit revision under any other applicable requirement.

2.No limit shall be placed on the number of allowances held by the source. The source may not, however, use allowances as a defense to noncompliance with any other applicable requirement.

3.Any such allowance shall be accounted for according to the procedures established in regulations promulgated pursuant to Title IV of the Act.

(e)Permits shall include a severability clause for the purpose of continuation of a permit in the event a portion(s) of the permit is successfully challenged in a legal forum.

(f)Permits shall contain a provision that states that the source (permittee) must comply with all conditions of this Administrative Code: Noncompliance with a permit will constitute a violation of the Act and this Administrative Code and may result in an enforcement action; including but not limited to, permit termination, revocation and reissuance, or modification; or denial of a permit renewal application by the source.

(g)Permits shall contain a provision that states the source (permittee) shall not use as a defense in an enforcement action, that maintaining compliance with conditions of the permit would have required halting or reducing the permitted activity.

(h)Permits shall contain a provision that states that the permit may be modified, revoked, reopened, and reissued, or terminated for cause. The filing of a request by the source (permittee) for a permit modification, revocation and reissuance, or termination, or of a notification of planned changes or anticipated noncompliance will not stay any permit condition.

(i)Permits shall contain a provision that states that no property rights of any sort, or any exclusive privilege are conveyed through the issuance of the permit.

(j)Permits shall contain a provision that states that the source (permittee) shall furnish to the Department, within 30 days or for such other reasonable time as the Department may set, any information that the Department may request in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit. Upon receiving a specific request, the permittee shall also furnish to the Department copies of records required to be kept by the permit.

(k)Permits shall state that no permit revision shall be required, under any approved economic incentives, marketable permits, emissions trading and other similar programs or processes for changes that are provided for in the permit.

(l)The permit shall contain a provision that quantifies the terms and conditions for reasonably anticipated alternative operating scenarios that were identified by the source in its application and are acceptable to the Department. The alternative operating scenarios terms and conditions shall:

1.Require the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted facility a record of the scenario under which it is operating;

2.Ensure that the terms and conditions of each such alternative scenario meet all applicable requirements and the requirements of this Chapter.

(m)The permit shall contain terms and conditions, if specifically requested by the applicant, which authorize the trading of emissions increases and decreases in the permitted facility solely for the purposes of complying with a federally enforceable emissions cap that is established in the permit independent of otherwise applicable requirements, to the extent that the applicable requirements provide for trading such increases and decreases without a case-by-case approval of each emissions trade.

1.Such terms and conditions:

(i)Shall include all terms required under Rule 335-3-16-.05 and Rule 335-3-16-.07 to determine compliance;

(ii)May extend the permit shield described in Rule 335-3-16-.10 to all terms and conditions that allow such increases and decreases in emissions; and

(iii)Must meet all applicable requirements and requirements of this Chapter.

2.All requests for emissions trading under this Rule shall include proposed replicable procedures and permit terms that ensure the emissions trades are quantifiable and enforceable. Such requests shall also include sufficient proposed monitoring, recordkeeping, and reporting as necessary to ensure compliance with all applicable requirements. The applicant shall provide written notice of requests for emissions trading under this Rule to the Department and EPA at least 7 days prior to the anticipated change. The notice shall state when the change would occur and shall describe the changes in emissions that would result and how these increases and decreases in emissions would comply with the terms and conditions of the permit.

Authors: Richard E. Grusnick, Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-4, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed November 23, 1993; Effective Date: December 28, 1993. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed August 3, 2000; effective September 7, 2000. Amended: Filed February 7, 2002; March 14, 2002.

(1)All terms in a permit that are required to be part of a permit pursuant to the Act are federally enforceable by EPA, the Department and citizens in general. However, those provisions of a permit that are not required under the Act are considered to be state permit provisions and consequently, are not federally enforceable by EPA and citizens in general.

(2)Those provisions of a permit that are state provisions shall be separated from the federally enforceable terms. Such state provisions shall be clearly identified in the permit.

Author: Richard E. Grusnick

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-4, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed November 23, 1993; Effective Date: December 28, 1993. Amended: Filed August 3, 2000; effective September 7, 2000.

Permits shall contain the following elements with respect to compliance:

(a)Compliance certification, testing, monitoring, reporting, and record keeping requirements sufficient to assure compliance with the terms and conditions of the permit. Any document [including reports submitted by the source (permittee)] that is required in a permit shall contain a certification by a responsible official that meets the requirements of Rule 335-3-16-.04(9).

(b)Inspection and entry requirements that mandate that, the permittee shall allow the Department or an authorized representative, upon presentation of credentials and other documents that may be required by law, to conduct the following:

1.Enter upon the permittee's premises where a source is located or emissions-related activity is conducted, or where records must be kept pursuant to the conditions of a permit;

2.Review and/or copy, at reasonable times, any records that must be kept pursuant to the conditions of a permit;

3.Inspect at reasonable times any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required pursuant to a permit; and

4.Sample or monitor at reasonable times substances or parameters for the purpose of assuring compliance with the permit or other applicable requirements.

(c)A schedule of compliance consistent with Rule 335-3-16-.04(8)(h).

(d)Progress reports consistent with an applicable schedule of compliance and Rule 335-3-16-.04(8)(h) to be submitted at least semiannually, or at a more frequent period if specified in the applicable requirement or by the Department. Such progress reports shall contain the following:

1.Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and/or dates when such activities, milestones or compliance were achieved; and

2.An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted.

(e)Requirements for compliance certification with terms and conditions contained in the permit, including emission limitations, standards, or work practices. Permits shall include each of the following:

1.The frequency of submissions of compliance certifications, which shall be at least annually unless more frequent periods are specified according to the specific rule governing the source or required by the Department.

2.A means for monitoring the compliance of the source with its emissions limitations, standards, and work practices in accordance with Rule 335-3-16-.05(c);

3.A requirement that the compliance certification include the following:

(i)The identification of each term or condition of the permit that is the basis of the certification;

(ii)The compliance status;

(iii)Whether compliance has been continuous or intermittent;

(iv)The method(s) used for determining the compliance status of the source, currently and over the reporting period consistent with Rule 335-3-16-.05(c); and

(v)Such other facts as the Department may require to determine the compliance status of the source;

4.A requirement that all compliance certifications be submitted to the Administrator as well as to the Department; and

5.Such additional requirements as may be specified pursuant to Sections 114(a)(3) and 504(b) of the Act.

(f)Such other provisions as the Department may require.

Author: Richard E. Grusnick

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-4, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed November 23, 1993; Effective Date: December 28, 1993. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed August 3, 2000; effective September 7, 2000.

(1)The Department may issue a general permit to any source category if it concludes that the category is appropriate for permitting on a generic basis after notice and opportunity for public participation provided under Rule 335-3-16-.15(4). No general permit may be issued for affected sources under the acid rain program unless otherwise provided in regulations promulgated under Title IV of the Act.

(2)A general permit may be issued for a source category based upon an application from a source within the source category or upon the Department's own initiative. The same procedures for issuance of a general permit are applicable as for any other permit issued under this Chapter.

(3)A general permit may be issued for the following purposes:

(a)to establish terms and conditions to implement applicable requirements for a source category;

(b)to establish terms and conditions to implement applicable requirements for specified categories of changes to permitted sources;

(c)to establish terms and conditions for new requirements that apply to sources with existing permits; and

(d)to establish federally-enforceable caps on emissions from sources in a specified category.

(4)The Department may issue a general permit if it finds that:

(a)there are several permittees or permit applicants who have the same or substantially similar operations, emissions, activities, or facilities;

(b)the permittees or permit applicants emit the same types of regulated air pollutants;

(c)the operations, emissions, activities, or facilities are subject to the same or similar standards, limitations, and operating requirements; and

(d)the operations, emissions, activities, or facilities are subject to the same or similar monitoring requirements.

(5)A general permit issued under this Rule shall identify criteria by which sources may qualify for the general permit. After a general permit has been issued, any source may submit a request to be covered under the permit.

(a)A request for coverage under a general permit shall identify the source and provide information sufficient to demonstrate that it falls within the source category covered by the general permit, together with any additional information that may be specified in the general permit.

(b)A final action approving a request for coverage under a general permit shall not require repeating the public participation procedures.

(6)A copy of the general permit, together with a list of sources approved for coverage under it, shall be kept on file for public review at the Department's office in Montgomery.

(7)If some, but not all, of a source's operations, activities, and emissions are eligible for coverage under one or more general permits, the source may apply for and receive coverage under the general permits for the operations, activities, and emissions that are so eligible. If the source is required under Rule 335-3-16-.04 to obtain a permit addressing the remainder of its operations, activities, and emissions, it may apply for and receive a permit that addresses specifically only those items not covered by general permits. In such a case, the source's permit shall identify all operations, activities, and emissions that are subject to general permits and incorporate those general permits by reference or use this for General Permits instead of paragraphs (1) - (6) above.

(8)If a source that is covered by a general permit is later determined to have not qualified for such general permit, the source shall have been operating without an operating permit.

Author: Richard E. Grusnick

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-4, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed November 23, 1993; Effective Date: December 28, 1993. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)One permit for sources which move at least once during the term of the permit may be issued authorizing emissions from similar operations by the same source owner or operator at multiple temporary locations. The operation must be temporary and involve at least one change of location during the term of the permit.

(2)No affected source shall be permitted as a temporary source. Permits for temporary sources shall include the following:

(a)Conditions that will assure compliance with all applicable requirements at all authorized locations;

(b)Requirements that the owner or operator notify in writing the permitting authority at least ten days in advance of each change in location; and

(c)Conditions that assure compliance with all other provisions of this Rule.

Author: Richard E. Grusnick

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-4, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed November 23, 1993; Effective Date: December 28, 1993. Amended Filed October 17, 1996; effective November 21, 1996.

(1)Except as provided in this Rule, the Department may expressly include in an Operating Permit a provision stating that compliance with the conditions of the permit shall be deemed compliance with any applicable requirements as of the date of permit issuance, provided that:

(a)Such applicable requirements are included and are specifically identified in the permit; or

(b)The Department, in acting on the permit application or revision, determines in writing that other requirements specifically identified are not applicable to the source, and the permit includes the determination or a concise summary thereof.

(2)An Operating Permit that does not expressly state that a permit shield exists shall be presumed not to provide such a shield.

(3)Nothing in this Rule or in any Operating Permit shall alter or affect the following:

(a)The provisions of section 303 of the Act (emergency orders), including the authority of the Administrator under that section;

(b)The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance;

(c)The applicable requirements of the acid rain program, consistent with section 408(a) of the Act; or

(d)The ability of EPA to obtain information from a source pursuant to section 114 of the Act.

Author: Richard E. Grusnick.

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-4, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed November 23, 1993; Effective Date: December 28, 1993.

(1)The Director may, in the operating permit, exempt on a case-by-case basis exceedances of emission limits which cannot reasonably be avoided, such as during periods of start-up, shut-down or load change. For emission limits established by federal rules (e.g., NSPS, NESHAP, and MACT) exemptions may be granted only where provisions for such exemptions are contained in the applicable rule or its general provisions.

(2)Emergency provision.

(a)An "emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error.

(b)Exceedances of emission limits during emergencies (as defined above) at a facility may be exempted from being violations provided that:

1.The permittee can identify the cause(s) of the emergency;

2.At the time of the emergency, the permitted facility was being properly operated;

3.During the period of the emergency the permittee took all reasonable steps to minimize levels of emissions that exceeded the emission standards, or other requirements in the permit;

4.The permittee submitted notice of the emergency to the permitting authority within two (2) working days of the time when emission limitations were exceeded due to the emergency. Such notice shall include those deviations attributable to upset conditions as defined in the permit, the probable cause of said deviations, and any corrective actions or preventive measures that were taken. Within five (5) working days of the emergency, a written documentation what was reported in the notice of the emergency shall be submitted to the Department; and

5.The permittee immediately documented the emergency exceedance in an "Emergency Log", which shall be maintained for five (5) years in a form suitable for inspection upon request by a representative of the Department.

(c)The Director shall be the sole determiner of whether an emergency has occurred.

(d)This provision is in addition to any emergency or upset provision contained in any applicable requirement.

(e)An emergency constitutes an affirmative defense.

Author: Richard E. Grusnick

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-4, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed November 23, 1993; Effective Date: December 28, 1993. Amended: Filed December 9, 1999; effective January 13, 2000.

(1)Initial.

(a)All major sources must be issued operating permits within 3 years of the date that EPA approves the Department's program.

(b)At least one-third of the permits for sources subject to this chapter must be issued each of the three years following EPA's approval of the Department's program.

(c)If the Department is granted interim approval, then the provisions of subparagraphs (a) and (b) do not apply.

1.During each year of interim approval, at least 20% of the permits subject to this Chapter must be acted upon. Thereafter, at least one-third of the remaining sources subject to this Chapter must be acted upon each year.

(d)Any application for a new source must be acted on within 18 months of receiving a complete application.

(2)Renewals.

(a)Applications for permit renewal shall be subject to the same procedural requirements, including those for public participation, and affected State and EPA review, that apply to initial permit issuance under this chapter.

(b)A source's right to operate shall terminate upon the expiration of its permit unless a timely and complete renewal application has been submitted at least six months, but not more than 18 months, before the date of expiration or the Department has taken final action approving the source's application for renewal by the expiration date.

(c)If a timely and complete application for a permit renewal is submitted, but the Department fails to take final action to issue or deny the renewal permit before the end of the term of the previous permit, then the permit shall not expire until the renewal permit has been issued or denied, and any permit shield granted for the permit shall continue in effect during that time.

Author: Richard E. Grusnick

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-4, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed November 23, 1993; Effective Date: December 28, 1993. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Administrative.

(a)An administrative permit amendment is a permit revision that:

1.Corrects typographical errors;

2.Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source;

3.Requires more frequent monitoring or reporting by the permittee;

4.Incorporates a general permit into an Operating Permit.

5.Allows for a change in ownership or operational control of a source where the Department determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the Department;

6.Incorporates into a permit issued under this Chapter the requirements from preconstruction review permits authorized under this Administrative Code, provided that the process used meets procedural requirements substantially equivalent to the requirements Rules 335-3-16-.12 and 335-3-16-.15 of this Chapter that would be applicable to the change if it were subject to review as a permit modification, and compliance requirements substantially equivalent to those contained in Rules 335-3-16-.05 through 335-3-16-.11 of this Chapter; or

7.Incorporates any other type of change which the Department has determined, and the Administrator has approved as part of an approved operating permit program to be similar to those in subparagraphs l. - 5. above.

(b)Administrative permit amendments for purposes of the acid rain portion of the permit shall be governed by regulations promulgated under Title IV of the Act.

(c)An administrative permit amendment may be made by the Department consistent with the following:

1.The Department shall take no more than 60 days from receipt of a request for an administrative permit amendment to take final action on such request, and may incorporate such changes without providing notice to the public or affected States provided that it designates any such permit revisions as having been made pursuant to this paragraph.

2.The Department shall submit a copy of the revised permit to the Administrator.

3.The source may implement the changes addressed in the request for an administrative amendment immediately upon submittal of the request.

(2)Flexibility (i.e., Section 502(B) 10 changes): Modifications which are not modifications under Title I of the Act, that contravene an existing permit condition and do not exceed emissions allowable under the permit can be done without modifying the permit if:

(a)Written notification is given that describes the proposed change, the date of the change, any change in emissions, and any term or condition of the permit which is no longer valid due to the change; and

(b)Notice is given to the Department and EPA at least 7 days before the change is made.

(3)Minor permit modification procedures.

(a)Criteria.

1.Minor permit modification procedures may be used only for those permit modifications that:

(i)Do not violate any applicable requirement;

(ii)Do not involve significant changes to existing monitoring, reporting, or record keeping requirements in the permit;

(iii)Do not require or change a case-by-case determination of an emission limitation or other standard, or a source-specific determination for temporary sources of ambient impacts, or a visibility or increment analysis;

(iv)Do not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject. Such terms and conditions include:

(I)A federally enforceable emissions cap assumed to avoid classification as a modification under any provision of Title I; and

(II)An alternative emissions limit approved pursuant to regulations promulgated under Section 112(i)(5) of the Act;

(v)Are not modifications under any provision of Title I of the Act; and

(vi)Are not required by Rule 335-3-16-.13(4) to be processed as a significant modification.

2.Notwithstanding subparagraph (a) of this paragraph, minor permit modification procedures may be used for permit modifications involving the use of economic incentives, marketable permits, emissions trading, and other similar approaches, to the extent that such minor permit modification procedures are explicitly provided for in an applicable implementation plan or in applicable requirements promulgated by EPA.

(b)Application. An application requesting the use of minor permit modification procedures shall meet the requirements of Rule 335-3-16-.04(8) of this Chapter relative to the modification and shall include the following:

1.A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;

2.The source's suggested draft permit;

3.Certification by a responsible official, consistent with Rule 335-3-16-.04(9), that the proposed modification meets the criteria for use of minor permit modification procedures and a request that such procedures be used; and

4.Completed forms for the Department to use to notify the Administrator and affected States as required under Rule 335-3-16-.15.

(c)EPA and affected State notification. Within 5 working days of receipt of a complete permit modification application, the Department shall notify the Administrator and affected States of the requested permit modification. The Department promptly shall send any notice of refusal to accept any recommendations made by the Administrator or the affected States to the Administrator.

(d)Timetable for issuance. The Department may not issue a final permit modification until after EPA's 45-day review period or until EPA has notified the Department that EPA will not object to issuance of the permit modification, whichever is first. Within 90 days of the Department's receipt of an application under minor permit modification procedures or 15 days after the end of the Administrator's 45-day review period under Rule 335-3-16-.15(3), whichever is later, the Department shall:

1.Issue the permit modification as proposed;

2.Deny the permit modification application;

3.Determine that the requested modification does not meet the minor permit modification criteria and should be reviewed under the significant modification procedures; or

4.Revise the draft permit modification and transmit to the Administrator the new proposed permit modification as required by Rule 335-3-16-.15(1) of this Chapter.

(e)Source's ability to make change.

1.Ten days after the application has been submitted to the Department, the source may make the change for which they applied unless the change qualifies as a significant modification. After the source makes the change allowed by the preceding sentence, and until the Department takes any of the actions specified in subparagraphs (d)l. - 4. above, the source must comply with both the applicable requirements governing the change and the proposed permit terms and conditions. During this time period, the source need not comply with the existing permit terms and conditions it seeks to modify. However, if the source fails to comply with its proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to modify may be enforced against it.

2.If the Department notifies the source that the modification does not qualify as a minor modification within 10 days after receiving the application, then the source shall apply for the change as a significant modification.

(f)The permit shield under Rule 335-3-16-.10 shall not extend to minor permit modifications.

(4)Significant Modifications. Modifications that are significant modifications under Rules 335-3-14-.04 or 335-3-14-.05 or are modifications under the NSPS or NESHAPS regulations must be incorporated in the Operating Permit using the requirements for sources initially applying for an Operating Permit, including those for applications, public participation, review by affected States, and review by EPA, as described in Rules 335-3-16-.04 and .14.

(5)Reopening for cause.

(a)Each issued permit shall include provisions specifying the conditions under which the permit will be reopened prior to the expiration of the permit. A permit shall be reopened and revised under any of the following circumstances:

1.Additional applicable requirements under the Act become applicable to a major source with a remaining permit term of 3 or more years. Such a reopening shall be completed not later than 18 months after promulgation of the applicable requirement. No such reopening is required if the effective date of the requirement is later than the date on which the permit is due to expire.

2.Additional requirements (including excess emissions requirements) become applicable to an affected source under the acid rain program. Upon approval by the Administrator, excess emissions offset plans shall be deemed to be incorporated into the permit.

3.The Department or EPA determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit.

4.The Administrator or the Department determines that the permit must be revised or revoked to assure compliance with the applicable requirements.

(b)Proceedings to reopen and issue a permit shall follow the same procedures as apply to initial permit issuance and shall affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as practicable.

(c)Reopenings under subparagraph (a) of this paragraph shall not be initiated before a notice of such intent is provided to the source by the Department at least 30 days in advance of the date that the permit is to be reopened, except that the Department may provide a shorter time period in the case of an emergency.

Author: Richard E. Grusnick

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-4, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed November 23, 1993; Effective Date: December 28, 1993. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed August 3, 2000; effective September 7, 2000.

(1)Any change at a source holding an operating permit which is not addressed or prohibited in the federally enforceable terms and conditions of the permit may be designated by the owner or operator as an off-permit change, and may be made without revision to the federally enforceable terms and conditions of the operating permit, provided that the change:

(a)shall meet all applicable requirements;

(b)does not violate any federally enforceable permit term or condition;

(c)is not subject to any requirement or standard under Title IV of the Clean Air Act; and

(d)is not a modification under Title I.

(2)Designation of a change as state-only affects only the federal requirements for processing of the change under the federal operating permit program. The owner or operator must comply with all applicable state permitting and preconstruction review requirements. Any change designated as state-only will be treated as a permit revision under state permitting requirements and shall be processed in accordance with the administrative permit amendment provisions in Rule 335-3-16-.13(1) or the minor permit modification provisions in Rule 335-3-16-.13(3), except that the provisions of Rule 335-3-16-.13(3)(d) shall not apply.

(3)The owner or operator of any permitted source who plans to make a change meeting the criteria set forth in this Rule may submit a request that the Director process the change application as an off-permit change, in accordance with paragraph (2) of this Rule.

(4)Any application pertaining to a change designated by the applicant as an off-permit change shall be submitted by the applicant to EPA in fulfillment of the obligation to provide written notice, provided, that no change meeting the criteria for an insignificant activity or trivial activity is subject to the procedures set forth in this Rule.

Author: Richard E. Grusnick

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-4, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed November 23, 1993; Effective Date: December 28, 1993. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)Transmission of information to EPA.

(a)The Department shall submit each application, each proposed permit and each final permit to EPA. The Department may require the applicant to submit a copy of its application directly to EPA. The Department also shall submit a copy of the draft permit to the applicant at the same time that EPA is sent a copy.

(b)Upon agreement with EPA, the Department may submit a summary of the application instead of the full application.

(c)The Department shall keep 5 years of records of the information sent to EPA that is required in subparagraph (a) of this paragraph.

(2)Review by affected states.

(a)The Department shall give notice to each affected state of each draft permit on or before public notice, unless public notice is not required.

(b)The Department shall respond in writing its reasons for refusing to accept an affected State's recommendations or for refusing to accept the Administrator's recommendations.

(3)EPA objection.

(a)If EPA objects in writing within 45 days of receipt of a proposed permit or prior to issuance of a final permit, the Department shall not issue the permit, except that the Department may issue a permit that is valid pursuant to Alabama's Air Pollution Control Act only. However, the Department shall advise the source that issuance of such permit shall not provide any protection from federal requirements.

(b)The objection must include the reasons for the objection and a description of the terms that the permit must include to respond to the objections. EPA must supply the applicant with a copy of the objection.

(c)Failure of the Department to do any of the following are also grounds for objection:

1.Comply with paragraphs (1) or (2) of this Rule.

2.Submit any information requested by EPA in writing necessary to review the permit.

3.Process the permit under the significant permit modification procedures (unless the modification is minor)

(4)Public participation. Except for modifications qualifying for administrative or minor permit modification procedures, all permit proceedings, including initial permit issuance, significant modifications, and renewals, shall use the following procedures for public notice:

(a)Notice shall be given by publication in a newspaper of general circulation in the area where the source is located or in a State publication designed to give general public notice and also to persons on a mailing list developed by the Department for persons desiring notice of permit action, including persons who have requested in writing to be on such a list;

(b)The notice shall identify the affected facility; the name and address of the permittee; the address of the Department; the activity or activities involved in the permit action; the emissions change involved in any permit modification; the name, address, and telephone number of a person from whom interested persons may obtain additional information, including copies of the permit draft, the application, all relevant supporting materials, including any compliance plan, monitoring and compliance certification report, except for information entitled to be kept confidential, and all other materials available to the Department that are relevant to the permit decision; a brief description of the comment procedures required by this Chapter; and the time and place of any hearing that may be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled);

(c)The Department shall provide at least 30 days for public comment and shall give notice of any public hearing at least 30 days in advance of the hearing; and

(d)The Department shall keep a record of the comments made during the public participation process.

Author: Richard E. Grusnick

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-22A-4, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed November 23, 1993; Effective Date: December 28, 1993. Amended: Filed October 17, 1996; effective November 21, 1996.

(1)General. The Environmental Protection Agency Regulations and the Appendices applicable thereto, governing Conformity to State Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded, or Approved Under Title 23 U.S.C. or the Federal Transit Act, are incorporated by reference as they exist in 40 CFR 93 Subpart A (July 1, 2002), and 67 FR 50808 [08/06/2002]. (The materials incorporated by reference are available for purchase and inspection at the Department's offices.)

Author: Richard E. Grunsnick

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8; 41-22-9.

History: New Rule: Filed March 23, 1995; effective April 27, 1995. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed February 20, 1998; effective March 27, 1998. Amended: Filed February 27, 2003; effective April 3, 2003.

(1)General. The Environmental Protection Agency Regulations and the Appendices applicable thereto, governing Determining Conformity of General Federal Actions to State Implementation Plans, are incorporated by reference as they exist in 40 CFR 93 Subpart B (July 1, 1997). (The materials incorporated by reference are available for purchase and inspection at the Department's offices.)

Author: Richard E. Grunsnick

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed March 23, 1995; effective April 27, 1995. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed February 20, 1998; effective March 27, 1998.

(1)The Environmental Protection Agency Regulations, and the Appendices applicable thereto, governing the Acid Rain Program-Permits Regulation (40 CFR, Part 72 and Appendices) are incorporated by reference as they exist in 40 CFR Part 72, (July 1, 2002) and 67 FR 53503 [08/16/2002; amendments], except for the provisions found in 40 CFR &#167;72.12 and 40 CFR &#167;&#167;72.70 through 72.74 which are excluded.

(a)The materials incorporated by reference are available for purchase and inspection at the Department?s offices at 1400 Coliseum Boulevard, Montgomery, Alabama 36110.

(2)In the event of any inconsistency between the regulations contained in this chapter and regulations contained in other chapters of this administrative code, the provisions of this rule shall take precedence and shall govern the issuance, denial, revision, reopening, and renewal of the Acid Rain provisions of an operating permit.

(3)Definitions. For purposes of this Rule, the definitions listed in 40 CFR &#167;72.2, Subpart A, will apply.

Author: Richard E. Grusnick

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8, 41-22-9.

History: New Rule: Filed October 19, 1995; effective November 23, 1995. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed October 15, 1998; effective November 19, 1998. Amended: Filed December 9, 1999; effective January 13, 2000. Amended: Filed August 3, 2000; effective September 7, 2000. Amended: Filed February 7, 2002; effective March 14, 2002. Amended: Filed February 27, 2003; effective April 3, 2003.

(1)The Environmental Protection Agency Regulations, and the Appendices applicable thereto, governing the Acid Rain Nitrogen Oxides Emission Reduction Program (40 CFR, Part 76 and Appendices) are incorporated by reference as they exist in 40 CFR part 76, (July 1, 1997), except for the references to 40 CFR 78 which are excluded.

(a)The materials incorporated by reference are available for purchase and inspection at the Department?s offices at 1400 Coliseum Boulevard, Montgomery, Alabama 36110.

(2)In the event of any inconsistency between the regulations contained in this chapter and regulations contained in other chapters of this administrative code, the provisions of this rule shall take precedence and shall govern the issuance, denial, revision, reopening, and renewal of the Acid Rain provisions of an operating permit.

(3)Definitions. For purposes of this Rule, the definitions listed in 40 CFR &#167;72.2, Subpart A and &#167;76.2, will apply.

Author: Richard E. Grunsnick

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8, 41-22-9.

History: New Rule: October 17, 1996; effective November 21, 1996. Amended: Filed October 15, 1998; effective November 19, 1998. Amended: Filed December 9, 1999; effective January 13, 2000. Amended: Filed August 3, 2000; effective September 7, 2000.

For the purposes of this Chapter and Rule 335-3-10-.02(75) only, the following words and phrases, unless a different meaning is plainly required by the content, shall have the following meanings.

(a)"Active collection system" means a gas collection system that uses gas mover equipment.

(b)"Active landfill" means a landfill in which solid waste is being placed or a landfill that is planned to accept waste in the future.

(c)"Closed landfill" means a landfill in which solid waste is no longer being placed, and in which no additional solid wastes will be placed without first filing a notification of modification as prescribed under &#167;60.7(a)(4), 40 CFR. Once a notification of modification has been filed, and additional solid waste is placed in the landfill, the landfill is no longer closed.

(d)"Closure"means that point in time when a landfill becomes a closed landfill.

(e)"Commercial solid waste" means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding residential and industrial wastes.

(f)"Controlled landfill" means any landfill at which collection and control systems are required under this Chapter as a result of the nonmethane organic compounds emission rate. The landfill is considered controlled at the time a collection and control system design plan is submitted in compliance with Rule 335-3-19-.03(1)(b)2.(i).

(g)"Design capacity" means the maximum amount of solid waste a landfill can accept, as indicated in terms of volume or mass in the most recent permit issued by the Department, plus any in-place waste not accounted for in the most recent permit. If the owner or operator chooses to convert the design capacity from volume to mass or from mass to volume to demonstrate its design capacity is less than 2.5 million megagrams or 2.5 million cubic meter, the calculation must include a site specific density, which must be recalculated annually.

(h)"Emission rate cutoff" means the threshold annual emission rate to which a landfill compares its estimated emission rate to determine if control under the regulation is required.

(i)"Enclosed combustor" means an enclosed firebox which maintains a relatively constant limited peak temperature generally using a limited supply of combustion air. An enclosed flare is considered an enclosed combustor.

(j)"Flare" means an open combustor without enclosure or shroud.

(k)"Gas mover equipment" means the equipment (i.e., fan, blower, compressor) used to transport landfill gas through the header system.

(l)"Household waste" means any solid waste including garbage and trash derived from households (including, but not limited to, single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).

(m)"Industrial solid waste" means solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under Subtitle C of the Resource Conservation and Recovery Act. Such waste may include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and related products/by-products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include fly ash waste, bottom ash waste, boiler slag waste, or flue gas emission control waste which result from the combustion of coal or other fossil fuels at electric or steam generating plants. Additionally, this term does not include mining waste or oil and gas wastes, or small quantity generator waste as defined in ADEM Admin. Code R. 335-14-2-.01(5). Uncontaminated concrete, soil, brick, rock, and similar materials are excluded from this definition.

(n)"Interior Well" means any well or similar collection component located inside the perimeter of the landfill waste. A perimeter well located outside the landfilled waste is not an interior well.

(o)"Landfill" means an area of land or an excavation in which wastes are placed for permanent disposal, and that is not a land application unit, surface impoundment, injection well, or waste pile as those terms are defined under ADEM Admin. Code R. 335-13-1-.03.

(p)"Lateral expansion" means a horizontal expansion of the waste boundaries of an existing MSW landfill. A lateral expansion is not a modification unless it results in an increase in the design capacity of the landfill.

(q)"Modification" means an increase in the permitted volume design capacity of the landfill by either horizontal or vertical expansion based on its design capacity as of May 30, 1991. Modification does not occur until the owner or operator commence construction on the horizontal or vertical expansion.

(r)"Municipal solid waste landfill" or "MSW landfill" means an entire disposal facility in a contiguous geographic space where household waste is placed in or on land. An MSW landfill may also receive other types of RCRA Subtitle D wastes (ADEM Admin. Code R. 335-13-1-.03) such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste. Portions of an MSW landfill may be separated by access roads. An MSW landfill may be publicly or privately owned. An MSW landfill may be a new MSW landfill, an existing MSW landfill, or a lateral expansion.

(s)"Municipal solid waste landfill emissions" or "MSW landfill emissions" means gas generated by the decomposition of organic waste deposited in an MSW landfill or derived from the evolution of organic compounds in the waste.

(t)"NMOC" means nonmethane organic compounds, as measured according to the provisions of Rule 335-3-19-.03(3).

(u)"Nondegradable waste" means any waste that does not decompose through chemical breakdown or microbiological activity. Examples are, but are not limited to, concrete, municipal waste combustor ash, and metals.

(v)"Passive collection system" means a gas collection system that solely uses positive pressure within the landfill to move the gas rather than using gas mover equipment.

(w)"Sludge" means any nonhazardous solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility, exclusive of the treated effluent from a wastewater treatment plant.

(x)"Solid waste" means any garbage or rubbish, construction/demolition debris, ash, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities or materials intended for or capable of recycling, but which have not been diverted or removed from the solid waste stream. The term "solid waste" does not include recovered material, solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to National Pollutant Discharge permits under the Federal Water Pollution Control Act 33 U.S.C. 1342, as amended, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.). Also excluded from this definition are wastes from silvicultural operations, land application of crop residues, animal residues, animal manure and ash resulting exclusively from the combustion of fossil fuels or wood during normal agricultural operations or mining refuse as defined and regulated pursuant to the Alabama Mining Act.

(y)"Sufficient density" means any number, spacing, and combination of collection system components, including vertical wells, horizontal collectors, and surface collectors, necessary to maintain emission and migration control as determined by measures of performance set forth in this Chapter.

(z)"Sufficient extraction rate" means a rate sufficient to maintain a negative pressure at all wellheads in the collection system without causing air infiltration, including any wellheads connected to the system as a result of expansion or excess surface emissions, for the life of the blower.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed December 11, 1997; effective January 15, 1998. Amended: Filed December 9, 1999; effective January 13, 2000.

(1)The provisions of this Chapter apply to each existing MSW landfill for which construction, reconstruction or modification was commenced before May 30, 1991. Physical or operational changes made to an existing MSW landfill solely to comply with this Chapter are not considered a modification or reconstruction and would not subject an existing MSW landfill to the requirements of Subpart WWW as incorporated by reference in Rule 335-3-10-.02(75), [see &#167;60.750 of Subpart WWW, 40 CFR].

(2)Control of MSW landfill emissions shall be required at each MSW landfill meeting the following three conditions:

(a)The landfill has accepted municipal solid waste at any time since November 8, 1987;

(b)The landfill has a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters. The landfill may calculate design capacity in either megagrams or cubic meters for comparison with the exemption values. Any density conversions shall be documented and submitted with the design capacity report; and

(c)The landfill has a nonmethane organic compound emission rate of 50 megagrams per year or more.

(3)For purposes of obtaining an operating permit under Chapter 335-3-16 of this Division, the owner or operator of a MSW landfill subject to this Chapter with a design capacity less than 2.5 million megagrams or 2.5 million cubic meters is not subject to the requirements to obtain an operating permit for the landfill under Chapter 335-3-16, unless the landfill is otherwise subject to Chapter 335-3-16. For purposes of submitting a timely application for an operating permit, the owner or operator of a MSW landfill subject to this Chapter with a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters on the effective date of EPA?s approval of the state?s program [December 7, 1998], and not otherwise subject to Chapter 335-3-16, becomes subject to the requirements of Chapter 335-3-16, 90 days after the effective date [March 7, 1999] of said program approval, even if the design capacity report is submitted earlier.

(4)When a MSW landfill subject to this Chapter is closed, the owner or operator is no longer subject to the requirement to maintain an operating permit under Chapter 335-3-16 for the landfill if the landfill is not otherwise subject to the requirements of Chapter 335-3-16 and if either of the following conditions are met.

(a)The landfill was never subject to the requirement for a control system under Rule 335-3-19-.03; or

(b)The owner or operator meets the condition for control system removal specified in Rule 335-3-19-.03(1)(b)2.(v).

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed December 11, 1997; effective January 15, 1998. Amended: Filed December 9, 1999; effective January 13, 2000.

(1)Standards for Air Emissions from Existing Municipal Solid Waste Landfills.

(a)Each owner or operator of an MSW landfill having a design capacity less than 2.5 million megagrams by mass or 2.5 million cubic meters by volume shall submit an initial design capacity report to the Director as provided in subparagraph(6)(a) of this Rule. The landfill may calculate design capacity in either megagrams or cubic meters for comparison with the exemption values. Any density conversions shall be documented and submitted with the report. Submittal of the initial design capacity report shall fulfill the requirements of this Rule except as provided for in subparagraphs (a)1. and (a)2. below.

1.The owner or operator shall submit to the Director an amended design capacity report, as provided for in subparagraph(6)(a)3. [Guidance: Note that if the design capacity increase is the result of a modification, as defined in Rule 335-3-19-.01, that was commenced construction on or after May 30, 1991, the landfill will become subject to Rule 335-3-10-.02(75), 40 CFR 60, Subpart WWW. If the design capacity increase is the result of a change in operating practices, density, or some other change that is not a modification, the landfill remains subject to this Chapter.]

2.When an increase in the maximum design capacity of a landfill with an initial design capacity less than 2.5 million megagrams or 2.5 million cubic meters results in a revised maximum design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters, the owner or operator shall comply with the provision of subparagraph (b) below.

(b)Each owner or operator of an MSW landfill having a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters, shall either comply with subparagraph (b)2. of this paragraph or calculate an NMOC emission rate for the landfill using the procedures specified in paragraph (3) of this Rule. The NMOC emission rate shall be recalculated annually, except as provided in subparagraph (6)(b)1.(ii) of this Rule. The owner or operator of an MSW landfill subject to this Chapter with a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters is subject to major source operating permitting requirements in Chapter 335-3-16.

1.If the calculated NMOC emission rate is less than 50 megagrams per year, the owner or operator shall:

(i)submit an annual emission report to the Director, except as provided for in subparagraph(6)(b)1.(ii) of this Rule; and

(ii)recalculate the NMOC emission rate annually using the procedures specified in subparagraph (3)(a) of this Rule until such time as the calculated NMOC emission rate is equal to or greater than 50 megagrams per year, or the landfill is closed.

(I)If the NMOC emission rate, upon initial calculation or annual recalculation required in subparagraph (b)1.(ii) above, is equal to or greater than 50 megagrams per year, the owner or operator shall install a collection and control system in compliance with subparagraph (b)2. below.

(II)If the landfill is permanently closed, a closure notification shall be submitted to the Director as provided for in subparagraph (6)(d) of this Rule.

2.If the calculated NMOC emission rate is equal to or greater than 50 megagrams per year, the owner or operator shall:

(i)Submit a collection and control system design plan prepared by a professional engineer to the Director within 1 year:

(I)The collection and control system as described in the plan shall meet the design requirements of subparagraph (b)2.(ii) of this paragraph, below.

(II)The collection and control system design plan shall include any alternatives to the operational standards, test methods, procedures, compliance measures, monitoring, recordkeeping or reporting provisions of paragraphs (2) through (7) of this Rule proposed by the owner or operator.

(III)The collection and control system design plan shall either conform with specifications for active collection systems in paragraph (8) of this Rule or include a demonstration to the Director?s satisfaction of the sufficiency of the alternative provisions to paragraph (8) of this Rule.

(IV)The Director shall review the information submitted under subparagraphs (b)2.(i)(I), (II) and (III) of this paragraph and either approve it, disapprove it, or request that additional information be submitted. Because of the many site-specific factors involved with landfill gas system design, alternative systems may be necessary. A wide variety of system designs are possible, such as vertical wells, combination horizontal and vertical collection systems, or horizontal trenches only, leachate collection components, and passive systems.

(ii)Install a collection and control system that captures the gas generated within the landfill as required by Rule 335-3-19-.03(1)(b)2.(ii)(I) or (II) and (b)2.(iii) of this Chapter within 30 months after the first annual report in which the emission rate equals or exceeds 50 megagrams per year, unless Tier 2 or Tier 3 sampling demonstrates that the emission rate is less than 50 megagrams per year, as specified in subparagraph (6)(c)1. or 2. of this Rule.

(I)An active collection system shall:

I.Be designed to handle the maximum expected gas flow rate from the entire area of the landfill that warrants control over the intended use period of the gas control or treatment system equipment;

II.Collect gas from each area, cell, or group of cells in the landfill in which the initial solid waste has been placed for a period of:

A.5 years or more if active; or

B.2 years or more if closed or at final grade;

III.Collect gas at a sufficient extraction rate;

IV.Be designed to minimize off-site migration of subsurface gas.

(II)A passive collection system shall:

I.Comply with the provisions specified in subparagraphs (I)I., (I)II., and (I)IV. of subparagraph (b)2.(ii) of this paragraph.

II.Be installed with liners on the bottom and all sides in all areas in which gas is to be collected. The liners shall be installed as required under ADEM Admin. Code Chapter 335-13-4.

(iii)Route all the collected gas to a control system that complies with the requirements in either subparagraph (b)2.(iii)(I), (II) or (III) below.

(I)An open flare designed and operated in accordance with &#167;60.18, 40 CFR;

(II)A control system designed and operated to reduce NMOC by 98 weight-percent, or, when an enclosed combustion device is used for control, to either reduce NMOC by 98 weight percent or reduce the outlet NMOC concentration to less than 20 parts per million by volume, dry basis as hexane at 3 percent oxygen. The reduction efficiency or parts per million by volume shall be established by an initial performance test to be completed no later than 180 days after initial startup of the approved control system, using the test methods specified in subparagraph(3)(d) of this Rule.

I.If a boiler or process heater is used as the control device, the landfill gas stream shall be introduced into the flame zone.

II.The control device shall be operated within the parameter ranges established during the initial or most recent performance test. The operating parameters to be monitored are specified in paragraph (5) of this Rule;

(III)Route the collected gas to a treatment system that processes the collected gas for subsequent sale or use. All emissions from any atmospheric vent from the gas treatment system shall be subject to the requirements of subparagraph (b)2.(iii)(I) or (II) of this paragraph.

(iv)Operate the collection and control device installed to comply with this Chapter in accordance with the provisions of paragraphs (2), (4) and (5) of this Rule.

(v)The collection and control system may be capped or removed provided that all the conditions of subparagraphs (b)2.(v)(I), (II), and (III) of this paragraph below are met:

(I)The landfill shall be a closed landfill as defined in Rule 335-3-19-.01(c). A closure report shall be submitted to the Director as provided in subparagraph (6)(d) of this Rule;

(II)The collection and control system shall have been in operation a minimum of 15 years; and

(III)Following the procedures specified in subparagraph (3)(b) of this Rule, the calculated NMOC gas produced by the landfill shall be less than 50 megagrams per year on three successive test dates. The test dates shall be no less than 90 days apart, and no more than 180 days apart.

(2)Operational Standards for Collection and Control Systems. Each owner or operator of an MSW landfill with a gas collection and control system used to comply with the provisions of subparagraph (1)(b)2.(ii) of this Rule shall:

(a)Operate the collection system such that gas is collected from each area, cell, or group of cells in the MSW landfill in which solid waste has been in place for:

1.5 years or more if active; or

2.2 years or more if closed or at final grade;

(b)Operate the collection system with negative pressure at each wellhead except under the following conditions:

1.a fire or increased well temperature. The owner or operator shall record instances when positive pressure occurs in efforts to avoid a fire. These records shall be submitted with the annual reports as provided in subparagraph (6)(f)1. of this Rule;

2.use of a geomembrane or synthetic cover. The owner or operator shall develop acceptable pressure limits in the design plan;

3.a decommissioned well. A well may experience a static positive pressure after shut down to accommodate for declining flows. All design changes shall be approved by the Director;

(c)Operate each interior wellhead in the collection system with a landfill gas temperature less than 55oC and with either a nitrogen level less than 20 percent or an oxygen level less than 5 percent. The owner or operator may establish a higher operating temperature, nitrogen, or oxygen value at a particular well. A higher operating value demonstration shall show supporting data that the elevated parameter does not cause fires or significantly inhibit anaerobic decomposition by killing methanogens.

1.the nitrogen level shall be determined using Method 3C (40 CFR 60), unless an alternative test method is established as allowed by subparagraph (1)(b)2.(i) of this Rule.

2.unless an alternative test method is established as allowed by subparagraph (1)(b)2.(i) of this Rule, the oxygen shall be determined by an oxygen meter using Method 3A (40 CFR 60) except that:

(i)the span shall be set so that the regulatory limit is between 20 and 50 percent of the span;

(ii)a data recorder is not required;

(iii)only two calibration gases are required, a zero and span, and ambient air may be used as the span;

(iv)a calibration error check is not required;

(v)the allowable sample bias, zero drift, and calibration drift are &#177; 10 percent.

(d)Operate the collection system so that the methane concentration is less than 500 parts per million above background at the surface of the landfill. To determine if this level is exceeded, the owner or operator shall conduct surface testing around the perimeter of the collection area and along a pattern that traverses the landfill at 30 meter intervals and where visual observations indicate elevated concentrations of landfill gas, such as distressed vegetation and cracks or seeps in the cover. The owner or operator may establish an alternative traversing pattern that ensures equivalent coverage. A surface monitoring design plan shall be developed that includes a topographical map with the monitoring route and the rationale for any site-specific deviations from the 30 meter intervals. Areas with steep slopes or other dangerous areas may be excluded from the surface testing.

(e)Operate the system such that all collected gases are vented to a control system designed and operated in compliance with subparagraph (1)(b)2.(iii) of this Rule. In the event the collection or control system is inoperable, the gas mover system shall be shut down and all valves in the collection and control system contributing to venting of the gas to the atmosphere shall be closed within 1 hour; and

(f)Operate the control or treatment system at all times when the collected gas is routed to the system.

(g)If monitoring demonstrates that the operational requirement in subparagraphs (b), (c), or (d) of this paragraph are not met, corrective action shall be taken as specified in subparagraphs (4)(a)3. through 5. or subparagraph (4)(c) of this Rule. If corrective actions are taken as specified in paragraph (4) of this Rule, the monitored exceedance is not a violation of the operational requirements in this paragraph.

(3)Test Methods and Procedures.

(a)The landfill owner or operator shall calculate the NMOC emission rate using either the equation provided in subparagraph (a)1. of this paragraph or the equation provided in subparagraph (a)1.(ii) of this paragraph. Both equations may be used if the actual year-to-year solid waste acceptance rate is known, as specified in subparagraph (a)1. of this paragraph, for part of the life of the landfill and the actual year-to-year solid waste acceptance rate if unknown, as specified in subparagraph (a)1.(ii) of this paragraph, for part of the life of the landfill. The values to be used in both equations are 0.05 per year for k, 170 cubic meters per megagram for Lo, and 4,000 parts per million by volume as hexane for the CNMOC.

1.The following equation shall be used if the actual year-to-year solid waste acceptance rate is known.

<img src="Image2774.gif"/> where,

<table width="100%"> MNMOC = Total NMOC emission rate from the landfill, megagrams per year k = methane generation rate constant, year-1 Lo = methane generation potential, cubic meters per megagram solid waste Mi = mass of solid waste in the ith section, megagrams ti = age of the ith section, years CNMOC = concentration of NMOC, parts per million by volume as hexane 3.6 x 10-9 = conversion factor </table>

(i)The mass of nondegradable solid waste may be subtracted from the total mass of solid waste in a particular section of the landfill when calculating the value for Mi if the documentation of the nature and amount of such wastes is maintained.

(ii)The following equation shall be used if the actual year-to-year solid waste acceptance rate is unknown.

<img src="Image2775.gif"/> where,

<table width="100%"> MNMOC = mass emission rate of NMOC, megagrams per year Lo = methane generation potential, cubic meters per megagram solid waste R = average annual acceptance rate, megagrams per year k = methane generation rate constant, year-1 t = age of landfill, years CNMOC = concentration of NMOC, parts per million by volume as hexane c = time since closure, years. For active landfill c = 0 and e-kc = 1 3.6 x 10-9 = conversion factor </table>

(iii)The mass of nondegradable solid waste may be subtracted from the total mass of solid waste in a particular section of the landfill when calculating a value for R, if the documentation of the nature and amount of such wastes is maintained.

2.Tier 1. The owner or operator shall compare the calculated NMOC mass emission rate to the standard of 50 megagrams per year.

(i)If the NMOC emission rate calculated in subparagraph (a)1. of this paragraph is less than 50 megagrams per year, then the landfill owner shall submit an emission rate report as provided in subparagraph (6)(b)1. of this Rule, and shall recalculate the NMOC mass emission rate annually as required under subparagraph (1)(b)1. of this Rule.

(ii)If the calculated NMOC emission rate is equal to or greater than 50 megagrams per year, then the landfill owner shall either comply with subparagraph (1)(b)2. of this Rule, or determine a site-specific NMOC concentration and recalculate the NMOC emission rate using the procedures provided in subparagraph (a)3. of this paragraph.

3.Tier 2. The landfill owner or operator shall determine the NMOC concentration using the following sampling procedure. The landfill owner or operator shall install at least two sample probes per hectare of landfill surface that has retained waste for at least 2 years. If the landfill is larger than 25 hectares in area, only 50 samples are required. The sample probes should be located to avoid known areas of nondegradable solid waste. The owner or operator shall collect and analyze one sample of landfill gas from each probe to determine the NMOC concentration using Method 25C of Appendix A or Method 18 of Appendix A (40 CFR 60). If using Method 18 of Appendix A, the minimum list of compounds to be tested shall be those published in the most recent Compilation of Air Pollutant Emission Factors (AP-42). If composite sampling is used, equal volumes shall be taken from each sample probe. If more than the required number of samples are taken, all samples shall be used in the analysis. The landfill owner or operator shall divide the NMOC concentration from Method 25C by six to convert from CNMOC as carbon to CNMOC as hexane.

[NOTE: Test Methods found in Appendix A of 40 CFR 60 are incorporated by reference in ADEM Admin. Code R. 335-3-10-.03.]

(i)The landfill owner or operator shall recalculate the NMOC mass emission rate using the equations provided in subparagraph (a)1. or (a)1.(ii) of this paragraph and using the average NMOC concentration from the collected samples instead of the default value in the equation provided in subparagraph (a) of this paragraph.

(ii)If the resulting mass emission rate calculated using the site-specific NMOC concentration is equal to or greater than 50 megagrams per year, then the landfill owner or operator shall either comply with subparagraph (1)(b)2., or determine the site-specific methane generation rate constant and recalculate the NMOC emission rate using the site-specific methane generation rate using the procedure specified in subparagraph (a)4. of this paragraph below.

(iii)If the resulting NMOC mass emission rate is less than 50 megagrams per year, the owner or operator shall submit a periodic estimate of the emission rate report as provided in subparagraph (6)(b)1. of this Rule and retest the site-specific NMOC concentration every 5 years using the methods specified in this paragraph.

4.Tier 3. The site-specific methane generation rate constant shall be determined using the procedures provided in Method 2E of Appendix A. The landfill owner or operator shall estimate the NMOC mass emission rate using equations in subparagraph (a)1. or (a)1.(ii) of this paragraph and using a site-specific methane generation rate constant k, and the site-specific NMOC concentration as determined in subparagraph (a)3. of this paragraph instead of the default values provided in subparagraph (a) of this paragraph. The landfill owner or operator shall compare the resulting NMOC mass emission rate to the standard of 50 megagrams per year.

(i)If the NMOC mass emission rate as calculated using the site-specific methane generation rate and concentration of NMOC is equal to or greater than 50 megagrams per year, the owner or operator shall comply with subparagraph (1)(b)2. of this Rule.

(ii)If the NMOC mass emission rate is less than 50 megagrams per year, then the owner or operator shall submit a periodic emission rate report as provided in subparagraph (6)(b)1. of this Rule and shall recalculate the NMOC mass emission rate annually, as provided in subparagraph (6)(b)1. of this Rule using the equations in subparagraph (a) of this paragraph and using the site-specific methane generation rate constant and NMOC concentration obtained in subparagraph (a)3. of this paragraph. The calculation of the methane generation rate constant is performed only once, and the value obtained from this test shall be used in all subsequent annual NMOC emission rate calculations.

5.The owner or operator may use other methods to determine the NMOC concentration or a site-specific k as an alternative to the methods required in subparagraphs (a)3. and (a)4. of this paragraph if the method has been approved by the Administrator.

(b)After the installation of a collection and control system in compliance with paragraph (4) of this Rule, the owner or operator shall calculate the NMOC emission rate for purposes of determining when the system can be removed as provided in subparagraph (1)(b)2.(v) of this Rule, using the following equation:

<img src="Image2776.gif"/> where,

<table width="100%"> MNMOC = mass emission rate of NMOC, megagrams per year QLFG = flow rate of landfill gas, cubic meters per minute CNMOC = NMOC concentration, parts per million by volume as hexane </table>

1.The flow rate of landfill gas, QLFG, shall be determined by measuring the total landfill gas flow rate at the common header pipe that leads to the control device using a gas flow measuring device calibrated according to the provisions of Section 4 of Method 2E of Appendix A.

2.The average NMOC concentration, CNMOC, shall be determined by collecting and analyzing landfill gas sampled from the common header pipe before the gas moving or condensate removal equipment using the procedures in Method 25C or Method 18 of Appendix A. If using Method 18, the minimum list of compounds to be tested shall be those published in the most recent Compilation of Air Pollutant Emission Factors (AP-42). The sample location on the common header pipe shall be before any condensate removal or other gas refining units. The landfill owner or operator shall divide the NMOC concentration from Method 25C by six to convert from CNMOC as carbon to CNMOC as hexane.

3.The owner or operator may use another method to determine landfill gas flow rate and NMOC concentration if the method has been approved by the Director.

(c)When calculating emissions for PSD purposes, the owner or operator of each MSW landfill subject to the provisions of this Chapter shall estimate the NMOC emission rate for comparison to the PSD major source and significance levels in Rule 335-3-14-.04(2)(w) using AP-42 or other approved measurement procedures.

(d)For the performance test required in subparagraph (1)(b)2.(iii)(II), Method 25C or Method 18 shall be used to determine compliance with 98 weight-percent efficiency or the 20 ppmv outlet concentration level, unless another method to demonstrate compliance has been approved by the Director as provided by subparagraph (1)(b)2.(iii)(II). If using Method 18, the minimum list of compounds to be tested shall be those published in the most recent Compilation of Air Pollutant Emission Factors (AP-42). The following equation shall be used to calculate efficiency:

<img src="Image2777.gif"/> where,

<table width="100%"> NMOCin = mass of NMOC entering control device NMOCout = mass of NMOC exiting control device </table>

(4)Compliance Provisions.

(a)Except as provided in paragraph (1)(b)2.(i)(II) of this Rule, the specified methods in subparagraphs (a)1. through (a)6. of this paragraph shall be used to determine whether the gas collection system is in compliance with subparagraph (1)(b)2.(ii) of this Rule.

1.For the purposes of calculating the maximum expected gas generation flow rate from the landfill to determine compliance with subparagraph (1)(b)2.(ii)(I)I. of this Rule, one of the following equations shall be used. The k and Lo kinetic factors should be those published in the most recent Compilation of Air Pollutant Emission Factors (AP-42) or other site specific values demonstrated to be appropriate and approved by the Director. If k has been determined as specified in subparagraph (3)(a)4. of this Rule, the value of k determined from the test shall be used. A value of no more than 15 years shall be used for the intended use period of the gas mover equipment. The active life of the landfill is the age of the landfill plus the estimated number of years until closure.

(i)For sites with unknown year-to-year solid waste acceptance rate:

<img src="Image2778.gif"/> where,

<table width="100%"> Qm = maximum expected gas generation flow rate, cubic meters per year Lo = methane generation potential, cubic meters per megagram solid waste R = average annual acceptance rate, megagrams per year k = methane generation rate constant, year-1 t = age of the landfill at equipment installation plus the time the owner or operator intends to use the gas mover equipment or active life of the landfill, whichever is less. If the equipment is installed after closure, t is the age of the landfill at installation, years c = time since closure, years (for an active landfill c = 0 and e-kc = 1) </table>

(ii)For sites with known year-to-year solid waste acceptance rate:

<img src="Image2779.gif"/> where,

<table width="100%"> Qm = maximum expected gas generation flow rate, cubic meters per year k = methane generation rate constant, year-1 Lo = methane generation potential, cubic meters per megagram solid waste Mi = mass of solid waste in the ith section, megagrams ti = age of the ith section, years </table>

(iii)If a collection and control system has been installed, actual flow data may be used to project the maximum expected gas generation flow rate instead of, or in conjunction with, the equations in subparagraphs (a)1.(i) and (ii) of this paragraph. If the landfill is still accepting waste, the actual measured flow data will not equal the maximum expected gas generation rate, so calculations using the equations in subparagraphs (a)1.(i) or (ii) or other methods shall be used to predict the maximum expected gas generation rate over the intended period of use of the gas control system equipment.

2.For the purposes of determining sufficient density of gas collectors for compliance with subparagraph (1)(b)2.(ii)(I)II., the owner or operator shall design a system of vertical wells, horizontal collectors, or other collection devices, satisfactory to the Director, capable of controlling and extracting gas from all portions of the landfill sufficient to meet all operational and performance standards.

3.For the purpose of demonstrating whether the gas collection system flow rate is sufficient to determine compliance with subparagraph (1)(b)2.(ii)(I)III. of this Rule, the owner or operator shall measure gauge pressure in the gas collection header at each individual well, monthly. If a positive pressure exists, action shall be initiated to correct the exceedance within 5 calendar days, except for the three conditions allowed under subparagraph (2)(b) of this Rule. If negative pressure cannot be achieved without excess air infiltration within 15 calendar days of the first measurement, the gas collection system shall be expanded to correct the exceedance within 120 days of the initial measurement of positive pressure. Any attempted corrective measure shall not cause exceedances of other operational or performance standards. An alternative timeline for correcting the exceedance may be submitted to the Director for approval.

4.Owners or operators are not required to expand the system as required in subparagraph (a)3. of this paragraph during the first 180 days after gas collection system start-up.

5.For the purpose of identifying whether excess air infiltration into the landfill is occurring, the owner or operator shall monitor each well monthly for temperature and nitrogen or oxygen as provided in subparagraph (2)(c) of this Rule. If a well exceeds one of these operating parameters, action shall be initiated to correct the exceedance within 5 calendar days. If correction of the exceedance cannot be achieved within 15 calendar days of the first measurement, the gas collection system shall be expanded to correct the exceedance within 120 days of the initial exceedance. Any attempted corrective measure shall not cause exceedances of other operational or performance standards. An alternative timeline for correcting the exceedance may be submitted to the Director for approval.

6.An owner or operator seeking to demonstrate compliance with subparagraph (1)(b)2.(ii)(I)IV. of this Rule through the use of a collection system not conforming to the specifications provided in paragraph (8) of this Rule shall provide information satisfactory to the Director as specified in subparagraph (1)(b)2.(i)(III) of this Rule demonstrating that off-site migration is being controlled.

(b)For purposes of compliance with subparagraph (2)(a) of this Rule, each owner or operator of a controlled landfill shall place each well or design component as specified in the approved design plan as provided in subparagraph (1)(b)2.(i). Each well shall be installed no later than 60 days after the date on which the initial solid waste has been in place for a period of:

1.5 years or more if active; or

2.2 years or more if closed or at final grade.

(c)The following procedures shall be used for compliance with the surface methane operational standard as provided in subparagraph (2)(d) of this Rule.

1.After installation of the collection system, the owner or operator shall monitor surface concentrations of methane along the entire perimeter of the collection area and along a pattern that traverses the landfill at 30 meter intervals (or a site-specific established spacing) for each collection area on a quarterly basis using an organic vapor analyzer, flame ionization detector, or other portable monitor meeting the specifications provided in subparagraph (d) of this paragraph.

2.The background concentration shall be determined by moving the probe inlet upwind and downwind outside the boundary of the landfill at a distance of at least 30 meters from the perimeter wells.

3.Surface emission monitoring shall be performed in accordance with Section 4.3.1 of Method 21 of Appendix A, except that the probe inlet shall be placed within 5 to 10 centimeters of the ground. Monitoring shall be performed during typical meteorological conditions.

4.Any reading of 500 parts per million or more above background at any location shall be recorded as a monitored exceedance and the actions specified in subparagraphs (c)4.(i) through (v) of this paragraph below shall be taken. As long as the specified actions are taken, the exceedance is not a violation of the operational requirements of subparagraph (2)(d) of this Rule.

(i)The location of each monitored exceedance shall be marked and the location recorded.

(ii)Cover maintenance or adjustments to the vacuum of the adjacent wells to increase the gas collection in the vicinity of each exceedance shall be made and the location shall be re-monitored within 10 calendar days of detecting the exceedance.

(iii)If the re-monitoring of the location shows a second exceedance, additional corrective action shall be taken and the location shall be monitored again within 10 days of the second exceedance. If the re-monitoring shows a third exceedance for the same location, the action specified in subparagraph (c)4.(v) of this paragraph shall be taken, and no further monitoring of that location is required until the action specified in subparagraph (c)4.(v) has been taken.

(iv)Any location that initially showed an exceedance but has a methane concentration less than 500 ppm methane above background at the 10-day re-monitoring specified in subparagraph (c)4.(ii) or (iii) of this paragraph shall be re-monitored 1 month from the initial exceedance. If the 1-month remonitoring shows a concentration less than 500 parts per million above background, no further monitoring of that location is required until the next quarterly monitoring period. If the 1-month remonitoring shows an exceedance, the actions specified in subparagraph (c)4.(iii) or (v) of this paragraph shall be taken.

(v)For any location where monitored methane concentration equals or exceeds 500 parts per million above background three times within a quarterly period, a new well or other collection device shall be installed within 120 calendar days of the initial exceedance. An alternative remedy to the exceedance, such as upgrading the blower, header pipes or control device, and a corresponding timeline for installation may be submitted to the Director for approval.

5.The owner or operator shall implement a program to monitor for cover integrity and implement cover repairs as necessary on a monthly basis.

(d)Each owner or operator seeking to comply with the provisions in paragraph (c) of this paragraph shall comply with the following instrumentation specifications and procedures for surface emission monitoring devices:

1.The portable analyzer shall meet the instrument specifications provided in Section 3 of Method 21 of Appendix A, except that "methane" shall replace all references to VOC.

2.The calibration gas shall be methane, diluted to a nominal concentration of 500 parts per million in air.

3.To meet the performance evaluation requirements in Section 3.1.3 of Method 21 of Appendix A, the instrument evaluation procedures of Section 4.4 of Method 21 of Appendix A shall be used.

4.The calibration procedures provided in Section 4.2 of Method 21 of Appendix A shall be followed immediately before commencing a surface monitoring survey.

(e)The provisions of this paragraph apply at all times, except during periods of start-up, shutdown, or malfunction, provided that the duration of start-up, shutdown, or malfunction shall not exceed 5 days for collection systems and shall not exceed 1 hour for treatment or control devices.

(5)Monitoring of Operations. Except as provided in subparagraph (1)(b)2.(i)(II) of this Rule,

(a)Each owner or operator seeking to comply with subparagraph (1)(b)2.(ii)(I) of this Rule for an active gas collection system shall install a sampling port and a thermometer, other temperature measuring device, or an access port for temperature measurements at each wellhead and:

1.Measure the gauge pressure in the gas collection header on a monthly basis as provided in subparagraph (4)(a)3. of this Rule; and

2.Monitor nitrogen or oxygen concentration in the landfill gas on a monthly basis as provided in subparagraph (4)(a)5. of this Rule; and

3.Monitor temperature of the landfill gas on a monthly basis as provided in subparagraph (4)(a)5. of this Rule.

(b)Each owner or operator seeking to comply with subparagraph (1)(b)2.(iii) of this Rule using an enclosed combustor shall calibrate, maintain, and operate according to the manufacturer's specifications, the following equipment.

1.A temperature monitoring device equipped with a continuous recorder and having a minimum accuracy of &#177;1 percent of the temperature being measured expressed in ºCelsius or &#177;0.5 ºC, whichever is greater. A temperature monitoring device is not required for boilers or process heaters with design heat input capacity equal to or greater than 44 megawatts.

2.A device that records flow to or bypass of the control device. The owner or operator shall either:

(i)Install, calibrate, and maintain a gas flow rate measuring device that shall record the flow to the control device at least every 15 minutes; or

(ii)Secure the bypass line valve in the closed position with a car-seal or a lock-and-key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the valve is maintained in the closed position and that the gas flow is not diverted through the bypass line.

(c)Each owner or operator seeking to comply with subparagraph (b)2.(iii) of this Rule using an open flare shall install, calibrate, maintain, and operate according to the manufacturer's specifications the following equipment:

1.A heat sensing device, such as an ultraviolet beam sensor or thermocouple, at the pilot light or the flame itself to indicate the continuous presence of a flame.

2.A device that records flow to or bypass of the flare. The owner or operator shall either:

(i)Install, calibrate, and maintain a gas flow rate measuring device that shall record the flow to the control device at least every 15 minutes; or

(ii)Secure the bypass line valve in the closed position with a car-seal or a lock-and-key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the valve is maintained in the closed position and that the gas flow is not diverted through the bypass line.

(d)Each owner or operator seeking to demonstrate compliance with subparagraph (1)(b)2.(iii) of this Rule using a device other than an open flare or an enclosed combustor shall provide information satisfactory to the Director as provided in subparagraph (1)(b)2.(i)(II) of this Rule describing the operation of the control device, the operating parameters that would indicate proper performance, and appropriate monitoring procedures. The Director shall review the information and either approve it, or request that additional information be submitted. The Director may specify additional appropriate monitoring procedures.

(e)Each owner or operator seeking to install a collection system that does not meet the specifications in paragraph (8) of this Rule or seeking to monitor alternative parameters to those required by paragraphs (2) through (5) of this Rule shall provide information satisfactory to the Director as provided in subparagraphs (1)(b)2.(i)(II) and (III) of this Rule describing the design and operation of the collection system, the operating parameters that would indicate proper performance, and appropriate monitoring procedures. The Director may specify additional appropriate monitoring procedures.

(f)Each owner or operator seeking to demonstrate compliance with subparagraph (4)(c) of this Rule, shall monitor surface concentrations of methane according to the instrument specifications and procedures provided in subparagraph (4)(d) of this Rule. Any closed landfill that has no monitored exceedances of the operational standard in three consecutive quarterly monitoring periods may skip to annual monitoring. Any methane reading of 500 ppm or more above background detected during the annual monitoring returns the frequency for that landfill to quarterly monitoring.

(6)Reporting Requirements. Except as provided in subparagraph (1)(b)2.(i)(II) of this Rule,

(a)Each owner or operator subject to the requirements of this Chapter shall submit an initial design capacity report to the Director.

1.The initial design capacity report shall fulfill the requirements of the notification of the date construction is commenced as required under &#167;60.7(a)(1), 40 CFR and shall be submitted no later than 90 days from the effective date of these Rules.

2.The initial design capacity report shall contain the following information:

(i)A map or plot of the landfill, providing the size and location of the landfill, and identifying all areas where solid waste may be landfilled according to the provisions of the State permit;

(ii)The maximum design capacity of the landfill. Where the maximum design capacity is specified in the State permit, a copy of the permit specifying the maximum design capacity may be submitted as part of the report. If the maximum design capacity of the landfill is not specified in the permit, the maximum design capacity shall be calculated using good engineering practices. The calculations shall be provided, along with the relevant parameters as part of the report. The Director may request other reasonable information as may be necessary to verify the maximum design capacity of the landfill.

3.An amended design capacity report shall be submitted to the Director providing notification of any increase in the design capacity of the landfill, within 90 days of an increase in the maximum design capacity of the landfill to or above 2.5 million megagrams and 2.5 million cubic meters. This increase in design capacity may result from an increase in the permitted volume of the landfill or an increase in the density as documented in the annual recalculation required in subparagraph (7)(f) of this Rule.

(b)Each owner or operator subject to the requirements of this Chapter shall submit an NMOC emission rate report to the Director initially and annually thereafter, except as provided for in subparagraphs (b)1.(ii) or (b)3. of this paragraph. The Director may request such additional information as may be necessary to verify the reported NMOC emission rate.

1.The NMOC emission rate report shall contain an annual or 5-year estimate of the NMOC emission rate calculated using the formula and procedures provided in subparagraphs (3)(a) or (b) of this Rule, as applicable.

(i)The initial NMOC emission rate report shall be submitted within 90 days from the effective date of these Rules and may be combined with the initial design capacity report required in subparagraph (a) of this paragraph. Subsequent NMOC emission rate reports shall be submitted annually thereafter, except as provided for in subparagraphs (b)1.(ii) and (b)3. of this paragraph.

(ii)If the estimated NMOC emission rate as reported in the annual report to the Director is less than 50 megagrams per year in each of the next 5 consecutive years, the owner or operator may elect to submit an estimate of the NMOC emission rate for the next 5-year period in lieu of the annual report. This estimate shall include the current amount of solid waste-in-place and the estimated waste acceptance rate for each year of the 5 years for which an NMOC emission rate is estimated. All data and calculations upon which this estimate is based shall be provided to the Director. This estimate shall be revised at least once every 5 years. If the actual waste acceptance rate exceeds the estimated waste acceptance rate in any year reported in the 5-year estimate, a revised 5-year estimate shall be submitted to the Director. The revised estimate shall cover the 5-year period beginning with the year in which the actual waste acceptance rate exceeded the estimated waste acceptance rate.

2.The NMOC emission rate report shall include all the data, calculations, sample reports and measurements used to estimate the annual or 5-year emissions.

3.Each owner or operator subject to the requirements of this Chapter is exempted from the requirements of subparagraphs (b)1. and 2. of this paragraph, after the installation of a collection and control system in compliance with subparagraph (1)(b)2. of this Rule, during such time as the collection and control system is in operation and in compliance with paragraphs (2) and (4) of this Rule.

(c)Each owner or operator subject to the provisions of subparagraph (1)(b)2.(i) of this Rule shall submit a collection and control system design plan to the Director within 1 year of the first report, required under subparagraph (b) of this paragraph, in which the emission rate equal to or exceeds 50 megagrams per year, except as follows:

1.If the owner or operator elects to recalculate the NMOC emission rate after Tier 2 NMOC sampling and analysis as provided in subparagraph (3)(a)3. of this Rule and the resulting rate is less than 50 megagrams per year, annual periodic reporting shall be resumed, using the Tier 2 determined site-specific NMOC concentration, until the calculated emission rate is equal to or greater than 50 megagrams per year or the landfill is closed. The revised NMOC emission rate report, with the recalculated emission rate based on NMOC sampling and analysis, shall be submitted within 180 days of the first calculated exceedance of 50 megagrams per year.

2.If the owner or operator elects to recalculate the NMOC emission rate after determining a site-specific methane generation rate constant (k), as provided in Tier 3 in subparagraph (3)(a)4. of this Rule, and the resulting NMOC emission rate is less than 50 Mg/yr, annual periodic reporting shall be resumed. The resulting site-specific methane generation rate constant (k) shall be used in the emission rate calculation until such time as the emissions rate calculation results in an exceedance. The revised NMOC emission rate report based on the provisions of subparagraph (3)(a)4. of this Rule and the resulting site-specific methane generation rate constant (k) shall be submitted to the Director within 1 year of the first calculated emission rate exceeding 50 megagrams per year.

(d)Each owner or operator of a controlled landfill shall submit a closure report to the Director within 30 days of waste acceptance cessation. The Director may request additional information as may be necessary to verify that permanent closure has taken place in accordance with the requirements of ADEM Admin. Code Chapter 335-13-4. If a closure report has been submitted to the Director, no additional wastes may be placed into the landfill without filing a notification of modification as described under &#167;60.7(a)(4), 40 CFR.

(e)Each owner or operator of a controlled landfill shall submit an equipment removal report to the Director 30 days prior to removal or cessation of operation of the control equipment.

1.The equipment removal report shall contain all of the following items:

(i)A copy of the closure report submitted in accordance with paragraph (d) of this paragraph;

(ii)A copy of the initial performance test report demonstrating that the 15 year minimum control period has expired; and

(iii)Dated copies of three successive NMOC emission rate reports demonstrating that the landfill is no longer producing 50 megagrams or greater of NMOC per year.

2.The Director may request such additional information as may be necessary to verify that all of the conditions for removal in subparagraph (1)(b)2.(v) of this Rule have been met.

(f)Each owner or operator of a landfill seeking to comply with subparagraph (1)(b)2. of this Rule using an active collection system designed in accordance with subparagraph (1)(b)2.(ii) of this Rule shall submit to the Director annual reports of the recorded information in subparagraphs (f)1. through (f)6. of this paragraph. The initial annual report shall be submitted within 180 days of installation and start-up of the collection and control system, and shall include the initial performance test report required under &#167;60.8, 40 CFR. For enclosed combustion devices and flares, reportable exceedances are defined under subparagraph (7)(c) of this Rule.

1.Value and length of time for exceedance of applicable parameters monitored under subparagraphs (5)(a), (b), (c), and (d) of this Rule.

2.Description and duration of all periods when the gas stream is diverted from the control device through a bypass line or the indication of bypass flow as specified under paragraph (5) of this Rule.

3.Description and duration of all periods when the control device was not operating for a period exceeding 1 hour and length of time the control device was not operating.

4.All periods when the collection system was not operating in excess of 5 days.

5.The location of each exceedance of the 500 parts per million methane concentration as provided in subparagraph (2)(d) of this Rule and the concentration recorded at each location for which an exceedance was recorded in the previous month.

6.The date of installation and the location of each well or collection system expansion added pursuant to subparagraphs (a)3., (b), and (c)4. of paragraph (4).

(g)Each owner or operator seeking to comply with subparagraph (1)(b)2.(i) of this Rule shall include the following information with the initial performance test report required under &#167;60.8, 40 CFR:

1.A diagram of the collection system showing collection system positioning including all wells, horizontal collectors, surface collectors, or other gas extraction devices, including the locations of any areas excluded from collection and the proposed sites for the future collection system expansion;

2.The data upon which the sufficient density of wells, horizontal collectors, surface collectors, or other gas extraction devices and the gas mover equipment sizing are based;

3.The documentation of the presence of asbestos or nondegradable material for each area from which collection wells have been excluded based on the presence of asbestos or nondegradable material;

4.The sum of the gas generation flow rates for all areas from which collection wells have been excluded based on nonproductivity and the calculations of gas generation flow rate for each excluded area; and

5.The provisions for increasing gas mover equipment capacity with increased gas generation flow rate, if the present gas mover equipment is inadequate to move the maximum flow rate expected over the life of the landfill; and

6.The provisions for the control of off-site migration.

(7)Recordkeeping Requirements.

(a)Except as provided in subparagraph (1)(b)2.(i)(II) of this Rule, each owner or operator of an MSW landfill subject to the provisions of subparagraph (1)(b) of this Rule shall keep for at least 5 years up-to-date, readily accessible, on-site records of the design capacity report which triggered subparagraph (1)(b), the current amount of solid waste in-place, and the year-by-year waste acceptance rate. Off-site records may be maintained if they are retrievable within 4 hours. Either paper copy or electronic formats are acceptable.

(b)Except as provided in subparagraph (1)(b)2.(i)(II) of this Rule, each owner or operator of a controlled landfill shall keep up-to-date, readily accessible records for the life of the control equipment of the data listed in subparagraphs (b)1. through (b)4. of this paragraph as measured during the initial performance test or compliance determination. Records of subsequent tests or monitoring shall be maintained for a minimum of 5 years. Records of the control device vendor specifications shall be maintained until removal.

1.Where an owner or operator subject to the provisions of this Chapter seeks to demonstrate compliance with subparagraph (1)(b)2.(ii) of this Rule:

(i)The maximum expected gas generation flow rate as calculated in subparagraph (4)(a)1. of this Rule. The owner or operator may use another method to determine the maximum gas generation flow rate, if the method has been approved by the Director.

(ii)The density of wells, horizontal collectors, surface collectors, or other gas extraction devices determined using the procedures specified in subparagraph (8)(a)1. of this Rule.

2.Where an owner or operator subject to the provisions of this Chapter seeks to demonstrate compliance with subparagraph (1)(b)2.(iii) of this Rule through use of an enclosed combustion device other than a boiler or process heater with a design heat input capacity equal to or greater than 44 megawatts:

(i)The average combustion temperature measured at least every 15 minutes and averaged over the same time period of the performance test.

(ii)The percent reduction of NMOC determined as specified in subparagraph (1)(b)2.(iii)(II) of this paragraph achieved by the control device.

3.Where an owner or operator subject to the provisions of this Chapter seeks to demonstrate compliance with subparagraph (1)(b)2.(iii)(II)I. of this Rule through use of a boiler or process heater of any size: a description of the location at which the collected gas vent stream is introduced into the boiler or process heater over the same time period of the performance testing.

4.Where an owner or operator subject to the provisions of this Chapter seeks to demonstrate compliance with subparagraph (1)(b)2.(iii)(I) of this Rule through use of an open flare, the flare type (i.e., steam-assisted, air-assisted, or nonassisted), all visible emission readings, heat content determination, flow rate or bypass flow rate measurements, and exit velocity determinations made during the performance test as specified in &#167;60.18, 40 CFR; continuous records of the flare pilot flame or flare flame monitoring and records of all periods of operations during which the pilot flame of the flare flame is absent.

(c)Except as provided in subparagraph (1)(b)2.(i)(II) of this Rule, each owner or operator of a controlled landfill subject to the provisions of this Chapter shall keep for 5 years up-to-date, readily accessible continuous records of the equipment operating parameters specified to be monitored in paragraph (5) of this Rule as well as up-to-date, readily accessible records for periods of operation during which the parameter boundaries established during the most recent performance test are exceeded.

1.The following constitute exceedances that shall be recorded and reported under subparagraph (6)(f) of this Rule:

(i)For enclosed combustors except for boilers and process heaters with design heat input capacity of 44 megawatts (150 million British thermal unit per hour) or greater, all 3-hour periods of operation during which the average combustion temperature was more than 28 ºC below the average combustion temperature during the most recent performance test at which compliance with subparagraph (1)(b)2.(iii) of this Rule was determined.

(ii)For boilers or process heaters, whenever there is a change in the location at which the vent stream is introduced into the flame zone as required under subparagraph (b)3. of this paragraph.

2.Each owner or operator subject to the provisions of this Chapter shall keep up-to-date, readily accessible continuous records of the indication of flow to the control device or the indication of bypass flow or records of monthly inspections of car-seals or lock-and-key configurations used to seal bypass lines, specified under paragraph (5) of this Rule.

3.Each owner or operator subject to the provisions of this Chapter who uses a boiler or process heater with a design heat input capacity of 44 megawatts or greater to comply with subparagraph (1)(b)2.(iii) shall keep an up-to-date, readily accessible record of all periods of operation of the boiler or process heater. (Examples of such records could include records of steam use, fuel use, or monitoring data collected pursuant to other State regulatory requirements.)

4.Each owner or operator seeking to comply with the provisions of this Chapter by use of an open flare shall keep up-to-date, readily accessible continuous records of the flame or flare pilot flame monitoring specified under subparagraph (5)(c) of this Rule, and up-to-date, readily accessible records of all periods of operation in which the flame or flare pilot flame is absent.

(d)Except as provided in subparagraph (1)(b)2.(i)(II) of this Rule, each owner or operator subject to the provisions of this Chapter shall keep for the life of the collection system an up-to-date, readily accessible plot map showing each existing and planned collector in the system and providing a unique identification location label for each collector.

1.Each owner or operator subject to the provisions of this Chapter shall keep up-to-date, readily accessible records of the installation date and location of all newly installed collectors as specified under subparagraph (4)(b) of this Rule.

2.Each owner or operator subject to the provisions of this Chapter shall keep readily accessible documentation of the nature, date of deposition, amount, and location of asbestos-containing or nondegradable waste excluded from collection as provided in subparagraph (8)(a)3.(i) of this Rule as well as any nonproductive areas excluded from collection as provided in subparagraph (8)(a)3.(ii) of this Rule.

(e)Except as provided in subparagraph (1)(b)2.(i)(II) of this Rule, each owner or operator subject to the provisions of this Chapter shall keep for at least 5 years up-to-date, readily accessible records of all collection and control system exceedances of the operational standards in paragraph (2) of this Rule, the reading in the subsequent month whether or not the second reading is an exceedance, and the location of each exceedance.

(f)Landfill owners or operators who convert design capacity from volume to mass or mass to volume to demonstrate that landfill design capacity is less than 2.5 million megagrams or 2.5 million cubic meters, as provided in the definition of "design capacity", shall keep readily accessible, on-site records of the annual recalculation of site-specific density, design capacity, and the supporting documentation. Off-site records may be maintained if they are retrievable within 4 hours. Either paper copy or electronic format are acceptable.

(8)Specifications for Active Collection Systems.

(a)Each owner or operator seeking to comply with subparagraph (1)(b)2.(i) of this Rule shall site active collection wells, horizontal collectors, surface collectors, or other extraction devices at a sufficient density throughout all gas producing areas using the following procedures unless alternative procedures have been approved by the Director as provided in subparagraphs (1)(b)2.(i)(III) and (IV) of this Rule:

1.The collection devices within the interior and along the perimeter areas shall be certified to achieve comprehensive control of surface gas emissions by a professional engineer. The following issues shall be addressed in the design: depths of refuse, refuse gas generation rates and flow characteristics, cover properties, gas system expandability, leachate and condensate management, accessibility, compatibility with filling operations, integration with closure end use, air intrusion control, corrosion resistance, fill settlement, and resistance to the refuse decomposition heat.

2.The sufficient density of gas collection devices determined in subparagraph (a)1. of this paragraph shall address landfill gas migration issues and augmentation of the collection system through the use of active or passive systems at the landfill perimeter or exterior.

3.The placement of gas collection devices determined in subparagraph (a)1. of this paragraph shall control all gas producing areas, except as provided by subparagraphs (a)3.(i) and (a)3.(ii) of this paragraph.

(i)Any segregated area of asbestos or nondegradable material may be excluded from collection if documented as provided under subparagraph (7)(d) of this Rule. The documentation shall provide the nature, date of deposition, location and amount of asbestos or nondegradable material deposited in the area, and shall be provided to the Director upon request.

(ii)Any nonproductive area of the landfill may be excluded from control, provided that the total of all excluded areas can be shown to contribute less than 1 percent of the total amount of NMOC emissions from the landfill. The amount, location, and age of the material shall be documented and provided to the Director upon request. A separate NMOC emissions estimate shall be made for each section proposed for exclusion, and the sum of all such sections shall be compared to the NMOC emissions estimate for the entire landfill. Emissions from each section shall be computed using the following equation:

<img src="Image2780.gif"/> where,

<table width="100%"> Qi = NMOC emission rate from the ith section, megagrams per year k = methane generation rate constant, year-1 Lo = methane generation potential, cubic meters per megagram solid waste Mi = mass of the degradable solid waste in the ith section, megagram ti = age of the solid waste in the ith section, years CNMOC = concentration of nonmethane organic compounds, parts per million by volume 3.6 x 10-9 = conversion factor </table>

(iii)The values for k, and CNMOC determined in field testing shall be used, if field testing has been performed in determining the NMOC emission rate or the radii of influence (the distance from the well center to a point in the landfill where the pressure gradient applied by the blower or compressor approaches zero). If field testing has not been performed, the default values for k, Lo and CNMOC provided in subparagraph (3)(a) of this Rule or the alternative values from subparagraph (3)(a)5. of this Rule shall be used. The mass of nondegradable solid waste contained within the given section may be subtracted from the total mass of the section when estimating emissions provided the nature, location, age, and amount of the nondegradable material is documented as provided in subparagraph (a)3.(i) of this paragraph.

(b)Each owner or operator seeking to comply with subparagraph (1)(b)2.(i)(I) of this Rule shall construct the gas collection devices using the following equipment or procedures:

1.The landfill gas extraction components shall be constructed of polyvinyl chloride (PVC), high density polyethylene (HDPE) pipe, fiberglass, stainless steel, or other nonporous corrosion resistant material of suitable dimensions to: convey projected amounts of gases; withstand installation, static, and settlement forces; and withstand planned overburden or traffic loads. The collection system shall extend as necessary to comply with emission and migration standards. Collection devices such as wells and horizontal collectors shall be perforated to allow gas entry without head loss sufficient to impair performance across the intended extent of control. Perforations shall be situated with regard to the need to prevent excessive air infiltration.

2.Vertical wells shall be placed so as not to endanger underlying liners and shall address the occurrence of water within the landfill. Holes and trenches constructed for piped wells and horizontal collectors shall be of sufficient cross-section so as to allow for their proper construction and completion including, for example, centering of pipes and placement of gravel backfill. Collection devices shall be designed so as not to allow indirect short circuiting of air into the cover or refuse into the collection system or gas into the air. Any gravel used around pipe perforations should be of a dimension so as not to penetrate or block perforations.

3.Collection devices may be connected to the collection header pipes below or above the landfill surface. The connector assembly shall include a positive closing throttle valve, any necessary seals and couplings, access couplings and at least one sampling port. The collection devices shall be constructed of PVC, HDPE, fiberglass, stainless steel, or other nonporous material of suitable thickness.

(c)Each owner or operator seeking to comply with subparagraph (1)(b)2.(i)(I) of this Rule shall convey the landfill gas to a control system in compliance with subparagraph (1)(b)2.(iii) of this Rule through the collection header pipe(s). The gas mover equipment shall be sized to handle the maximum gas generation flow rate expected over the intended use period of the gas moving equipment using the following procedures:

1.For existing collection systems, the flow data shall be used to project the maximum flow rate. If no flow data exists, the procedures in subparagraph (c)2. of this paragraph shall be used.

2.For new collection systems, the maximum flow rate shall be in accordance with subparagraph (4)(a)1. of this Rule.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed December 11, 1997; effective January 15, 1998. Amended: Filed December 9, 1999; effective January 13, 2000. Amended: Filed August 3, 2000; effective September 7, 2000. Amended: Filed February 7, 2002; effective March 14, 2002.

(1)Except as provided for under paragraph (2) of this Rule, planning, awarding of contracts, and installation of MSW landfill air emission collection and control equipment capable of meeting the emission standards established under this Chapter, shall be accomplished within 30 months after the date the initial NMOC emission rate report shows NMOC emissions equal or exceed 50 megagrams per year.

(2)For each existing MSW landfill meeting the conditions in Rules 335-3-19-.02(2)(a) and (2)(b) whose NMOC emission rate is less than 50 megagrams per year on the effective date of Rule 335-3-19-.03, installation of collection and control systems capable of meeting emission standards established under this Chapter shall be accomplished within 30 months of the date when the condition in Rule 335-3-19-.02(2)(c) is met (i.e., the date of the first annual nonmethane organic compounds emission rate which equals or exceeds 50 megagrams per year).

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed December 11, 1997; effective January 15, 1998. Amended: Filed December 9, 1999; effective January 13, 2000.

(1)A MSW landfill owner or operator may request through petition, alternative emission standards or a longer compliance schedule that is/are not specified in this Chapter through the following procedures.

(a)Petition Requirements. To enable the Department to rule on the Petition, the following information, where determined applicable by the Department, shall be included in the petition:

1.A clear and complete statement of the precise extent of the relief sought including specific identification of the particular provisions of the regulations from which the petition is sought. The criteria for relief include:

(i)Unreasonable cost of control resulting from landfill age, location, or basic design:

(ii)Physical impossibility of installing necessary control equipment; or

(iii)Other factors specific to the landfill that make application of a less stringent standard or final compliance time significantly more reasonable.

(2)An assessment, with supporting factual information, of the impact that the petition will impose on the public health and the environment in the affected area.

(3)Any additional information requested by the Department as necessary to evaluate the petition.

(4)A concise factual statement of the reasons the petitioner believes that alternative emission limits or a longer compliance schedule will not threaten the public health or unreasonably create environmental pollution.

(b)Extension of Prior or Existing Alternative Emission Standards or Compliance Schedule. A petition to extend a prior or existing petition granted by the Department shall be commenced by filing a new petition with the Department in accordance with the requirements of paragraph (1) of this Rule. To the extent that the information required by paragraph (1) of this Rule has been included in the prior petition for which extension is sought, a submission of that information shall not be required provided that the petition shall request the incorporation of the record, opinion and order in the prior proceeding into the new petition.

(c)Department Actions on Petitions. On receipt of a petition, the Department will authorize one of the following actions, as they shall determine:

1.The petition may be dismissed if the Department determines that it is not adequate under paragraph (1) of this Rule.

2.The Department may grant the request of the petition, as petitioned or by imposing such conditions as this Division may require in the Major Source Operating Permit, including the establishment of schedules of compliance and monitoring requirements, if EPA consents to the extension of prior or existing alternative emission standards or compliance schedule as submitted to EPA by the Department.

3.The Department may deny the petition. If such a denial is made, the Department shall notify the petitioner in writing, the reasons for denial and outline procedures for appeal.

(d)Termination Procedures. Any petition granted by the Department may be terminated by the Department whenever the Department finds, after an opportunity for the petitioner to demonstrate compliance and after notice and an opportunity for hearing, that the petitioner is in violation of any requirement, condition, schedule, limitation or any other provision of the petition or that operation under the petition does not meet the minimum requirements established by state and federal laws and regulations or is unreasonably threatening the public health.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed December 11, 1997; effective January 15, 1998. Amended: Filed August 3, 2000; effective September 7, 2000.

For the purposes of this Chapter, the following terms have the meanings indicated unless otherwise specified:

(a)"Carrier" means any distributor who transports or causes the transportation or storage of gasoline without taking title to or otherwise having any ownership of the gasoline, and without altering either the quality or quantity of the gasoline.

(b)"Ethanol Blend" means gasoline which contains at least 9 percent and no more than 10 percent (by volume) ethanol, excluding denaturants.

(c)"Field Testing" means the approach to accomplish the sampling of gasoline from retail stations in a specified area so as to obtain an unbiased estimate of the average level of sulfur in the gasoline distributed in that area as outlined in the document "Methodology for Randomized Sampling to Estimate Mean Sulfur in Gasoline During a Specified Ozone Season, April 1, 2000".

(d)"Gasoline" means any fuel sold for use in spark ignition engines and which is commonly or commercially known or sold as gasoline, including oxygenated gasoline.

(e)"Importer" means any person who transports gasoline from another state or a foreign country into the state of Alabama.

(f)"Producer" means any person who manufactures gasoline in Alabama.

(g)"Reformulated Gasoline" or "RFG" means any gasoline whose formulation has been certified under 40 CFR 80, Subpart D which meets each of the standards and requirements of Subpart D for Phase II.

(h)"Retailer" means a person operating an establishment at which motor fuel is sold or offered for sale to an ultimate consumer.

(i)"Ultimate Consumer" means a person who purchases or obtains motor fuel for direct consumption in a motor vehicle and who does not transfer or offer to transfer the motor fuel to any other person following purchase or receipt.

(j)"Wholesale Purchaser-Consumer" means any organization that is an ultimate consumer of gasoline and which purchases or obtains gasoline from a supplier for use in motor vehicles and receives delivery of that product into a storage tank under the control of that organization.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed April 15, 1999; effective May 20, 1999. Amended: Filed October 26, 2000; effective November 30, 2000.

(1)Applicability.

(a)No person may produce, store, transport, supply, offer to supply, transfer or otherwise handle, sell, offer for sale, or dispense gasoline that does not meet the limits specified in this Chapter when tested in accordance with the test methods specified in Rule 335-3-20-.03, unless the gasoline is segregated and clearly documented as not for sale or supply to an ultimate consumer in the following counties: Jefferson and Shelby.

(b)Gasoline which meets the limits specified in this Chapter shall also be segregated and clearly documented as such.

(2)Compliance with this Chapter shall be met if producers and importers choose to supply federal Phase II Reformulated gasoline.

(3)The requirements of this Chapter shall expire upon promulgation and implementation of federal standards that meet or exceed the requirements of this Chapter.

(4)Reid Vapor Pressure.

(a)Effective June 1, 1999, during the period from June 1 to September 15 of any calendar year, the Reid vapor pressure of the gasoline sold in the counties specified in paragraph (1) above shall not exceed 7.0 psi.

(b)An ethanol blend is considered in compliance if its measured Reid vapor pressure does not exceed 8.0 psi. This waiver is subject to the following conditions:

1.Gasoline must contain denatured, anhydrous ethanol. The concentration of ethanol, excluding the required denaturing agent, must be at least 9 percent and no more than 10 percent (by volume) of the gasoline.

2.Each invoice, loading ticket, bill of lading, delivery ticket and any other document that accompanies a shipment of gasoline containing ethanol shall contain a legible and conspicuous statement that the gasoline being shipped contains ethanol and the percentage concentration of ethanol.

(5)Sulfur Content. Effective April 1, 2001 and subsequent years through September 15, 2003, the sulfur content of all gasoline supplied for use (during the control period of June 1 to September 15) by each producer or importer to comply with the Reid vapor pressure limits specified in paragraph (4) of this Rule and designated for the counties listed in paragraph (1) of this Rule shall not exceed seasonal average of 150 ppm (by weight) and a per-gallon cap of 500 ppm (by weight). For the control period for each calendar year, the sulfur content shall be averaged on a volume-weighted basis over the pool of gasoline supplied by the producer or importer.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed April 15, 1999; effective May 20, 1999. Amended: Filed October 26, 2000; effective November 30, 2000.

(1)Reporting. Effective April 1, 2001, and each April 1 thereafter, the producer or importer shall submit documentation of the Reid vapor pressure, sulfur content, and volume of each batch beginning with the first shipment of gasoline in each calendar year subject to the limits specified in Rule 335-3-20-.02 and designated for the counties specified in Rule 335-3-20-.02. Similar documentation is required to demonstrate compliance with Rule 335-3-20-.02(2) if Phase II RFG is introduced in an affected county. This documentation shall be submitted to the Department in the format specified by the Department within 30 days of the first shipment in each calendar year. Through November 30, 2003, the producer, importer and carrier shall provide to the Division in the format specified by the Division an annual report summarizing any required records and/or test results pursuant to this subsection by November 30 of each year. The producer, importer and carrier shall provide to the Department any records required to be maintained pursuant to this Rule within 10 business days of a written request from the Department.

(2)Testing and Recordkeeping.

(a)Producers.

1.Refinery Level Sampling and Testing. Effective April 1, 2001, and each April 1 thereafter, each producer shall sample and test for the Reid vapor pressure and the sulfur content in each batch of gasoline that the producer has produced for the purpose of complying with this Chapter, by collecting and analyzing a representative sample of gasoline taken from the batch at the refinery, using the methodologies specified in subparagraph (2)(d) of this Rule. A producer may choose to meet the testing requirements of this paragraph by utilizing the same samples and test results used for meeting the federal RFG and/or antidumping regulations. If a producer blends gasoline components directly to pipelines, storage tanks, tankships, railway tankcars or trucks and trailers, the loading(s) shall be sampled and tested by the producer or authorized contractor. The producer shall maintain, for two years from the date of each sampling, records showing the sample date, the product sampled, the container or other vessel sampled, the volume of the shipment, results of any required testing, the name and address of the laboratory that performed the analysis, and the pool volume-weighted average for the respective calendar years of the components limited by this Rule.

2.Terminal Level Sampling. Effective May 1 of each calendar year beginning in 2001, the producer shall conduct volume-weighted, terminal-level sampling of each batch of gasoline received and intended for sale or supply during the control period in any of the applicable counties listed in Rule 335-3-20-.02(1) in calendar years 2001 through 2003. A composite sample will be obtained on every continuous movement of each distinct grade of low RVP/low sulfur gasoline at a pipeline breakout tankage. The composite sample will be obtained automatically with a non-pressurized automatic sampler, or manually through head-end, middle, and tail-end spot samples. Each distinct grade of low RVP/low sulfur gasoline will be composited separately. All samples thus taken shall be delivered to the Department or it?s designee for further testing and analysis.

3.Notwithstanding the provisions of subparagraph 2. above, the producer shall not provide terminal-level sampling if the Department provides notice that the field testing from the previous calendar year indicates a seasonal arithmetic average sulfur content of 140 ppm or less.

(b)Importers.

1.Refinery Level Testing. Effective April 1, 2001, each importer shall provide test results for the Reid vapor pressure and the sulfur content in each shipment of gasoline that the importer intends to import or will import into the State of Alabama during the control period, by pipeline or other means, for the purpose of complying with this Rule, by ensuring that a representative sample of gasoline is taken from the batch at the refinery and analyzed, using the methodologies specified in paragraph (2)(d) of this Rule. An importer may choose to meet the testing requirements of this paragraph by utilizing the same samples and test results used for meeting the federal RFG and/or antidumping regulations, as provided in subparagraph (2)(a)1. above. If an importer blends gasoline components directly to pipelines, storage tanks, tankships, railway tankcars or trucks and trailers, the loading(s) shall be sampled and tested by the importer or authorized contractor. The importer shall maintain, for two years from the date of each sampling, records showing the sample date, the product sampled, the container or other vessel sampled, the volume of the shipment, results of any required testing, the name and the address of the laboratory that performed the analysis, final destination of the batch, and the pool volume-weighted average for the respective calendar years of the components limited by this Rule.

2.Terminal Level Sampling. Effective May 1 of each calendar year beginning in 2001, the importer shall conduct volume-weighted, terminal-level sampling of each batch of gasoline received and intended for sale or supply during the control period in any of the applicable counties listed in Rule 335-3-20-.02(1) in calendar years 2001 through 2003. A composite sample will be obtained on every continuous movement of each distinct grade of low RVP/low sulfur gasoline at a pipeline breakout tankage. The composite sample will be obtained automatically with a non-pressurized automatic sampler or manually through head-end, middle, and tail-end spot samples. Each distinct grade of low RVP/low sulfur gasoline will be composited separately. All samples thus taken shall be delivered to the Department or it?s designate for further testing and analysis.

2.Notwithstanding the provisions of subparagraph 2. above, the importer shall not provide terminal-level sampling if the Department provides notice that the field testing from the previous calendar year indicates a seasonal arithmetic average sulfur content of 140 ppm or less.

(c)Carriers. Each carrier shall maintain, for two years from the date of entry, records indicating the volume of each batch of transported gasoline, the producers and/or importers which contributed to each batch, date of receipt, identity of the destination, date of delivery to the destination, and recipient of each batch of gasoline delivered to any destination for distribution to any of the counties specified in Rule 335-3-20-.02.

(d)Test Methods.

1.In determining compliance with the standards set forth in this Chapter, the test methods presented in Table 1 shall be used. ASTM D-4057 or ASTM D-4177 shall be used for sampling of materials used in these tests. All identified test methods are incorporated and adopted herein by reference.

Table 1

<table width="100%"> Gasoline Specification Test Method Reid Vapor Pressure ASTM D 5191* Sulfur Content ASTM D 2622 or ASTM D 5453 </table>

* In lieu of equation 1 in Section 13.2 of the test method, use the following:

where:

RVPE = equivalent Reid vapor pressure

X = measured total vapor pressure in psi

2.Equivalent Test Methods. Whenever this paragraph provides for a specified test method, another test method may be used following a determination by the Director that the other method produces results equivalent to the results with the specified method.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed April 15, 1999; effective May 20, 1999. Amended: Filed October 26, 2000; effective November 30, 2000.

For the purpose of these rules, the following words and phrases shall have the meanings given to them in this Rule and as given by law unless the context of ADEM Administrative Code 335-4 indicates differently.

(a)Accumulation - any of the following activities related to scrap tires at a particular location:

1.The amassing or gathering of scrap tires, for whatever purpose, not in accordance with the Act and 335-4, in a manner that poses a threat to human health and the environment.

2.The amassing or gathering of scrap tires by a permitted processor, registered receiver, or permitted landfill or solid waste disposal facility.

(b)Act - the "Alabama Scrap Tire Environmental Quality Act," Act No. 2003-332, Code of Ala. 1975, &#167;22-40A-1 et seq.

(c)Approved - authorized, certified, permitted by, or meets standards of a regulatory authority.

(d)Baling - a method of volume reduction in which whole tires are compressed into bales.

(e)Centers for Disease Control and Prevention (CDC) - an agency of the U.S. Department of Health and Human Services whose function is developing and applying disease prevention and control, environmental health, and health promotion and education activities designed to improve the health of the people of the United States.

(f)Cleanup - the cleaning up, remediation, control, or removal of scrap tires from the environment.

(g)Closure Plan - the plan for closing a processing facility prepared in accordance with 335-4-6-.06(b).

(h)Consumer - either a retail purchaser or a vehicle dealer who buys a tire to be installed on a vehicle for resale. A wholesale purchaser who buys tires for resale is not considered a consumer.

(i)Current Closure Cost Estimate - the most recent of the estimates prepared in accordance with 335-4-8-.03(2).

(j)Department - the Alabama Department of Environmental Management (ADEM) or its successor organization having similar responsibility.

(k)Department of Public Health (ADPH) - the Alabama Department of Public Health as defined by Code of Ala. 1975, &#167;22-2-1.

(l)Director - the Director of ADEM or a duly authorized representative.

(m)Disposal - the deposit of a tire in a permitted solid waste disposal facility or landfill.

(n)Duly Authorized Representative - a person or position designated by a responsible official to act in place of that responsible official. A person or position is a duly authorized representative if:

1.The authorization is made in writing by a responsible official and is submitted to ADEM. The written authorization shall specify the actions or activities the duly authorized representative has approval to conduct for the regulated facility or activity, and shall be updated in writing to accurately identify any changes to the authorized individual or position.

2.The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity.

(o)Enforcement Officer - an employee of ADEM or the person appointed by the County Commission having a delegation agreement with ADEM to enforce the Act and 335-4, and deputy enforcement officers under the supervision of the County Enforcement Officer.

(p)Engineer - a person currently registered as a professional engineer with the Alabama Board of Licensure for Professional Engineers and Land Surveyors.

(q)Final Designated Facility - a person indicated on a manifest as the last, or ultimate, recipient of the scrap tires or processed tire material to be recycled, reused or disposed.

(r)Fuel User - a processor that uses tire-derived fuel as a source of energy and has been permitted by ADEM or a local air pollution control agency for the use of tire-derived fuel.

(s)Ground or Crumb Rubber - a processed tire material resulting from the grinding or other processing of scrap tires whose particles have a diameter of less than 0.375 inches and are 98% wire free by weight.

(t)Individual Scrap Tire Generator - an individual who generates eight (8) or less scrap tires per year from his personal use vehicles. Not included in this definition are tires removed from a vehicle used in commerce or business by an individual, even if that vehicle is owned by the individual.

(u)Innocent Landowner - a person holding an interest in real property upon which scrap tires are discarded illegally by another person without specific permission from the holder of the real property interest, provided the holder took reasonable steps to prevent foreseeable acts of illegal disposal.

(v)Manifest - a form used for identifying the quantity, composition, origin, routing and destination of scrap tires or processed tire material during its transportation from the point of origination to the point of end-use, processing or disposal.

(w)Operating Record - a collection of documents relating to the permitting or operation of a scrap tire facility.

(x)Operator - the person responsible for the overall operation of a scrap tire facility, or a part of a facility, with the authority and knowledge to make and implement decisions, or whose actions or failure to act may result in noncompliance with the requirements of 335-4 or the Act.

(y)Owner - The person who owns a scrap tire facility or part of a facility.

(z)Permit - written authorization granted to a person by ADEM to transport scrap tires or to operate a scrap tire processing facility.

(aa)Person - an individual, organization, business, or entity, whether or not organized for profit.

(bb)Processing - any of the following activities related to pneumatic tires:

1.Evaluating, transferring, or sorting tires to determine their suitability for reuse as used tires or for retreading.

2.Baling of whole tires or processed tire material.

3.Shredding, reducing, or altering tires by any physical, chemical, or thermal process, including specifically, the burning of tires for fuel.

4.Incorporating whole scrap tires into any end-use product or structure where the scrap tire is not deconstructed into its component parts.

5.Punching or stamping products from whole scrap tires or producing processed tire material, crumb, or ground rubber product, whether or not that product is held for sale or used in the facility to produce an end product.

(cc)Processed Tire Material - a material produced from scrap tires through any chemical, physical, or thermal process, including, but not limited to, baling.

(dd)Processor ? a person engaged in the processing or tires. A retreader is not considered a processor.

(ee)Recall Tire - a scrap tire resulting from its replacement at no cost to the consumer due to a manufacturing defect and specifically recalled by the manufacturer or by the federal government.

(ff)Receiver - a person who generates or accumulates scrap tires, including the following:

1.Class One Receivers include retail tire dealers, retreaders, and used tire dealers.

2.Class Two Receivers include all other receivers of scrap tires, other than Class One Receivers, that generate or accumulate a minimum of ten (10) scrap tires in a year, specifically including, among others, a component of government, vehicle fleet maintenance or dismantling, rental or sales operations, or other activity that generates scrap tires, whether or not organized for profit.

(gg)Recycling or Reuse - a use of scrap tires or processed tire material other than for land disposal, including, but not limited to, new products, rubber modified asphalt, civil engineering applications, or fuel use.

(hh)Replacement Tire - a pneumatic tire sold to the consumer regardless of whether or not mounted on a rim or wheel.

(ii)Responsible Official - means one of the following:

1.For a corporation, a president, vice-president, secretary, or treasurer of the corporation in charge of a principal business function, or other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of the person if the representative is responsible for the overall operation of one or more facilities applying for or subject to a permit and either:

(i)The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or

(ii)The delegation of authority to the representative is approved in advance by ADEM.

2.For a partnership, a general partner.

3.For a sole proprietorship, the proprietor.

4.For a limited liability company, a person as designated under the authority of Code of Ala. 1975, &#167;10-12-22.

5.For a municipality, state, federal, or other public agency, either a principal executive officer or ranking elected official. A principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

(jj)Responsible Party or Responsible Person - with respect to the remediation of an accumulation of scrap tires on any property, the person who deposited the tires on the property, if known and if different than the person who holds title to the property.

(kk)Retail Tire Dealer or Tire Dealer - a person selling replacement tires to the consumer whether or not mounted on a rim.

(ll)Retreaded Casing Replacement Tire - a retreaded casing sold to the consumer regardless of whether or not mounted on a rim.

(mm)Retreader - a person engaged in the retreading of casings.

(nn)Scrap Tire ? any pneumatic tire no longer suitable or useable for its original purpose, and, in addition, includes but is not limited to, all tires with a manufacturing defect, except those that are in the process of being returned to the manufacturer for a refund.

(oo)Scrap Tire Commission (STC) - the commission established to review implementation of the Act and to recommend changes of the Act to the Legislature.

(pp)Scrap Tire Environmental Fee - the fee established by the Act, to be collected on the purchase of replacement tires by the Department of Revenue and deposited to the Scrap Tire Fund.

(qq)Scrap Tire Facility or Facility - all contiguous land, structures and other appurtenances thereto used for the accumulation, storage or processing of scrap tires or processed tire material.

(rr)Scrap Tire Fund (STF) - the separate fund established by the Act to fund the cleanup of scrap tire sites, the scrap tire program implemented by ADEM and other activities described in the Act.

(ss)Scrap Tire Site - a site or location where scrap tires or tire pieces are illegally stored or accumulated and is not in compliance with the Act or 335-4.

(tt)Solid Wastes Disposal Act - Chapter 27 of Title 22, Code of Ala. 1975.

(uu)Solid Waste Disposal Facility (SWDF) ? all contiguous land, structures and other appurtenances used for the processing, treatment or disposal of solid waste including landfill cells, and is not a land application unit, surface impoundment, injection well or waste pile as those terms are defined in ADEM Admin. Code 335-13-1-.03.

(vv)Thirty-Day Supply - the amount of scrap tires or processed tire material necessary to provide a 30-calendar day supply for the indicated process.

(ww)Threat - a condition creating a substantial probability of harm, where the probability and potential extent of harm makes it reasonably necessary to take immediate action to prevent, reduce, or mitigate damage to persons, property, the environment, natural resources, or the public health and safety.

(xx)Tire Chips - A processed tire material resulting from the shredding or chopping of whole scrap tires whose pieces have a basic geometrical shape and are generally between one-half (0.5) inches and two (2) inches in size and have most of the wire removed.

(yy)Tire-Derived Fuel (TDF) - a scrap tire or processed tire material intended for use as fuel.

(zz)Tire Materials - either scrap tires, processed tire material, or both.

(aaa)Tire Shreds - A processed tire material resulting from the shredding or chopping of whole scrap tires whose pieces have a basic geometrical shape and are generally between two (2) inches and twelve (12) inches in size.

(bbb)Transporter ? a person engaged in the transportation of scrap tires or processed tire materials.

(ccc)Used Replacement Tire or Used Tire - a pneumatic tire that is capable of reuse as a tire, directly or following repair, regrooving, or retread, excluding processed tire material, end-use products or by-products derived from scrap tires, that meets all of the following requirements:

1.If a tire is designed for highway use it shall still have more than two thirty-seconds (0.0625) inch of tread.

2.The tire is stored in a rack or a stack, but not in a pile, in a manner consistent with National Fire Protection Association guidelines for tire storage, as well as in a manner that minimizes vector breeding.

3.The tire is stored in a manner to allow inspection of each individual tire.

(ddd)Warranty Tire - a scrap tire resulting from the replacement of a tire at no or reduced cost to the consumer, under a manufacturer?s or other warranty, due to damage to the tire while mounted on a vehicle.

(eee)Whole Tire - a scrap tire that has been removed from a rim but which has not been processed.

Author: James L. Bryant

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-40A-1 et seq.

History: New Rule: Filed June 30, 2004; effective August 4, 2004.

(1)All correspondence concerning 335-4 or facilities regulated under 335-4 shall be mailed to ADEM, Solid Waste Branch, P. O. Box 301463, Montgomery, Alabama 36130-1463. All correspondence delivered as packages or overnight or express mail concerning 335-4 or facilities regulated under 335-4 shall be addressed to ADEM, Solid Waste Branch, 1400 Coliseum Blvd., Montgomery, Alabama 36110-2059. Electronic copies of documents may be sent via e-mail to TireMail@adem.state.al.us in accordance with 335-4-1-.02(4).

(2)All applications, reports required by permits, or other information requested by ADEM shall be signed by a responsible official or by a duly authorized representative. For a Limited Liability Company (LLC) formed pursuant to Title 10, Code of Ala. 1975, all members of the LLC shall be identified in a permit application to ADEM and the LLC members shall designate in writing a responsible official and duly authorized representative bearing the signatures of all members.

(3)Any person submitting an application or a report under 335-4 shall make the following certification:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

(4)Electronic submittal of reports, applications and other documents required under 335-4 may be sent to ADEM in accordance with Code of Ala. 1975, &#167;8-1A-1 et seq. The electronic submittal shall contain all required information and be formatted in an electronic file format approved by ADEM. The documents may be submitted by mail on compact disk or in an e-mail.

(a)Any document submitted electronically is assumed by ADEM to have been submitted on behalf of the responsible corporate official having responsibility to certify the submittal in 335-4-1-.02(3).

(b)A written signature is not required for documents sent electronically. The applicant assumes the responsibility of assuring himself that any electronic document submitted on his behalf would have been certified by his written signature as required in 335-4-1-.02(3).

(c)The receipt date for an electronic submittal via e-mail shall be the date and time the document is received by ADEM as indicated by the computer software accepting the submission, in accordance with Code of Ala. 1975, &#167;8-1A-15.

(d)Fees may be submitted electronically via an e-government contractor when the service becomes available to ADEM.

(5)ADEM may place certain documents resulting from implementation of 335-4 on its Internet web site at www.adem.state.al.us for viewing or use by the public and regulated persons.

Author: James L. Bryant

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-40A-1 et seq.

History: New Rule: Filed June 30, 2004; effective August 4, 2004.

No person shall violate any of the provisions of 335-4. Violation of 335-4 shall be considered to be a violation of Code of Ala. 1975, &#167;22-40A-1 et seq., and shall be punishable as provided therein or by the Environmental Management Act.

Author: James L. Bryant

Statutory Authority: Code of Ala. 1975, &#167;&#167;22-40A-1 et seq., 22-22A-1 et seq.

History: New Rule: Filed June 30, 2004; effective August 4, 2004.