to the 

Alabama Department of 

Environmental Management's 

Administrative Code for 

Division 3 

(Air Division) 

Post Adoption Submittal 

Public Hearing: October 6, 2010 

Adopted: December 10,201 0 

(Proposed Revisions for Chapter 335-3-14 and the addition of Appendix I of 

the ADEM Administrative Code) 

Part D - 

PartEPart F - 

Part G - 

Part II - 

Part1 - 

Proof of Publication of Legal Notice 

Proof of Public Hearing Documentation of Submittal of Final Regulations to the Legislative 

Reference Service Summary of Reasons Supporting the Revision of the ADEM 

Administrative Code for Division 3 (Air Division) 

Proposed Revisions to Chapter 335-3-1 4 (Permits) 

Proposed Addition of Appendix I (Greenhouse Gas Global Warming 

Potentials) Reconciliation of Comments Legal Authority Final Regulations as Submitted to the Legislative Reference Service 

Part A - 

Resolution Signed by the Commission of the Alabama Department of Environmental 

Management 

public hearing on the proposed revisions to ADEM Admin. Code 335-3 of the Department's Air 

Division - Air Pollution Control Program Rules in accordance with Ala. Code 4 22-22A-8 (2006 

Rplc. Vol.) and Ala. Code 5 41 -22-4 (2000 Rplc. Vol,); and 

WHEREAS, a public hearing was held before a representative of the Alabama 

Department of Environmental Management designated by the Environmental Management 

Commission for the purpose of receiving data, views and arguments on the amendment of such 

proposed rules; and 

WHEREAS, the Alabama Department of Environmental Management has reviewed the 

oral and written submissions introduced into the hearing record, and has prepared a concise 

statement of the principal reasons for and against the adoption of the proposed rules 

incorporating therein its reasons for the adoption of certain revisions to the proposed rules in 

response to oral and written submissions, such revisions, where appropriate, having been 

incorporated into the proposed rules attached hereto; and 

WHEREAS, the Environmental Management Commission has considered fully all oral and 

written submissions respecting the proposed amendments and the Reconciliation Statement 

prepared by the Alabama Department of Environmental Management. 

NOW THEREFORE, pursuant to Ala. Code. $5 22-22A-5, 22-22A-6, 22-22A-8 (2006 

Rplc. Vol.), and & Code. § 41-22-5 (2000 Rplc. Vol.), as duly appointed members of the 

Environmental Management Commission, we do hereby adopt and promulgate these revisions to 

division 335-3 [335-3-14-.04/Air Permits Authorizing Construction in Clean Air Areas 

[Prevention of Significant Deterioration Permitting (PSD)] (Amend); Appendix VGreenhouse 

Gas Global Warming Potentials (New) of the Department's Air Division - Air Pollution Control 

Page 1 of 3 
otherwise indicated, after filing with the Alabama Legislative Reference Service. 

Page 2 of 3 
December 20 1 0. 

APPROVED: 

DISAPPROVED: 

This is to certify that this Resolution is a true and accurate 

10th day of December 2010. 

ABSTAINED: 

ement Commission 

of December 2010 

Page 3 of 3 

Part B - 

Legal Notice 

Proof of Publication of Legal Notice 

Proof of Public Hearing 

Appendix I Greenhouse Gas Global Warming Potentials 

Notice is hereby given tha Department of Environmental Management of 

the State of Alabama will be held t 10:OO a.m. in the Main Hearing Room at the 

ADEM - Central Office location at Montgomery, to consider proposed revisions to 

Division 3 of the ADEM Administrative Code. 

The Alabama Department of Environmental Management proposes to amend ADEM Administrative 

Code Rule 335-3-14-.04. 

On June 3, 2010, the Environmental Prot 

federal Prevention of Significant Deterioration (PSD) 

which changed the major source and significance It 

subject to these regulations. ADEM is proposing tc 

with EPA's tailoring rule to include additional threc 

source applicability and 75,000 tons per year of ( 

dioxide equivalent emissions. Additional informatio 

found in the summary of reasons. 

Copies of the proposed rules and Federal Reg 

each of the office locations listed below. The sumr 

free of charge. Copies of the proposed rules, the SI 

be found on the Internet at www.adem.state.al.us/I 

ADEM, Office of General Counsel 

Attn: Molly Tatum 

1400 Coliseum Boulevard 

(P. 0. Box 301463, Zip code 36130-1463) 

Montgomery, AL 36110-2059 

(334) 394-4360 

ADEM, Birmingham Field Office 

Attn: Sheila Vail 

110 Vulcan Road 

Birmingham, AL 35209-4702 

(205) 942-6168 

ADEM, Decatur Field Office 

Attn: Jan Childers 

2715 Sandlin Road, SW 

Decatur, AL 35603-1333 

(256) 353-1713 

@+Be&- I . We, the 

sions 

 tent 

najor 

drkn 

in be 

@e at 

iilable 

h also 

462 North Oates, 4th Floor 

Dothan, AL 36303 

Alabama - Tombigbee Rivers Planning & 

Development Commission 

Courthouse Annex 

107 Broad Street 

Camden, AL 36726 

East Alabama Regional Planning & 

Development Commission 

1130 Quintard Avenue 

Anniston, AL 36201 

The public hearing is being held to receive data, views, and arguments from interested persons 

regarding the proposed rules. Attendance at the hearing is not necessary to present such data, views, 

arguments, or comments as the same may be submitted in writing, but must be received by the Hearing 

Officer prior to 5:00 p.m. on October 8, 2010. 

Written submissions and other inquires should be directed to: ADEM Hearing Officer, Office of 

General Counsel, Alabama Department of Environmental Management, P.O. Box 301463, Montgomery, 

AL 36130-1463 (street address: 1400 Coliseum Boulevard, Montgomery, AL 36110-2059) or by e-mail at 

Hearing.officer@adem.state.aI.us. 

Any person wishing to participate in this hearing who needs special accommodations should 

contact the Department's Permits and Services Division at (334) 271-7714 at least five working days 

prior to the hearing. 

This notice is hereby given this August 22, 2010, by authority of ADEM. 

4r\+ LA.& 

Lance R. LeFleur 

Director 

NOR 

FOR 

r Road 

., ---L_. i 

A.D. Two Thousand , and Ten, Vickie webddeclares that she is an Accounting Clerk of "The 

Birmhgham 3.kws" published in the City of Birmingham, in the County of Jefferson, in the State 

of Arabama, and that the advertisemenz a true copy of 

which is herewith attached, appeared in "Tbe 

Birmingham News" on-the foIlowing dates: 

\# , ?'.&e/ 

Signed- Vickie Webb 

State of Alabama 

County of Jefferson 

personally appeared before me, who is personally known 

to me to be the signer of the above documenf and she acknowledged that she signed it. 

MY COMMIf f ION EXPIRES JUNE 7,2014 

P 0 Box 301463 

MONTGOMERY, AL 361 30-1463 

Date Posjtion Description P.O. Number Ad Size Total Cost 

081221201 c Legal ALABAMA DEPARTMENT OF 

ADEM Hearing 1 x 294 L 505.04 

ENVIRONMENTAL MANA 

tions 6-6e consistent 

with EPA's tailorin 

rule to include adz tional thresholds of 

southeast Alabii 

Rspiond Planning & Development Com- mission 

462 North Oates, 4th Floor 

Dothan. AL 36303 

ALABAMA 

DEPARTMENT OF 

ENVIRONMENTAL 

MANAGEMENT 

i&6oo tons Der year of GHGS for malor 

source applicability and 75.000 tons Per 

year of Ws as a sig- nificanw threshold, based on carbon dioxide equivdent emis- sions. Additional inSTATE OF ALABAMA MADISON COUNTY 350 NOTlCE OF PUBLIC HEARING FOR PROPOSED REVISIONS TO DIVISION 3 ADEM 

ADMINISTRATIVE 

CODE 

Alabama - Tomblgbee Riven Planning & @velopment Com- mlsuon 

Courthouse Annex 

107 Broad Street 

Camden; AL 36726 

Before me, Brandi Cook , a Notary Public in and for 

Said State, personally appeared Mecia Carlson, known 

to me, who being by me first duly sworn, deposes and 

said person is a Leqal Advertising Representative of 

the Huntsville Times, a newspaper published and 

printed at Huntsville, Madison County, Alabama, and 

that the attached legal notice was published in said 

newspaper on: 

formation on the basis 

for this proposed rule change can be found in the summary of 

reasons. 

Rule 335-3-14-.04 East Alabama Region- al Planning & Devel- opment Commission 1130 Quintard Avenue 

Anntston, AL 36201 

Title 

Air Permits Authori? 

ing Construchon In Clean Air Areas 

[Prevention of ,Sign!fi- cant Detertoratton 

Permitting (ED)] 

Copies of the pro- posed rules and Fed- eral Registers are available at a cost of 

30 cents per page at each of the office lo. 

cations listed below. 

The summary of reasons supporting the revisions are available 

free of charge. Copies of the proposed rules, the summary of reasons, and the federal 

registers can also be found on the Internet 

The pubHc hearlng is beicg held to receive 

data, vhw, and argu- ments from interested 

persons ragardlng the proposcd rules. At- tendance at the hearing is not necessary to present such data. views, arguments, or 

comments as the 

same may be subm~t- ted in writing. but must be recelved by the Hearing Officer prior to 5:W) p.m. on October 8,2010. 

Appendix I Greenhouse Gas Global Warming Potentials 

Notice IS hereby given that a hearing before the Department of En- v~ronmental Manage- ment of the State of 

Alabama will be held 

on October 6,2050, at 

io:W a.m. in the Main 

at www.adem.state 

.al.us/PubHearings/P ubHearings.hth at no 

cost 

ing Representativt 

~earinp Room at the ADEM - Central Office 

location at 1400 Coliseum Blvd. in Mont- ADEM. Office of Gen- eral Counsel Attn: Molly Tatum 

1400 Collseum BouleWritten submissions and other inquires should be directed to: ADEM Hearing Officer. Office of General 

Counsel, Alabama Department of Environ- mental Management. P.O. Box 301463, 

Montgomery. AL 36130-1463 (street address: 1400 Col~seum 

gomery, to consider proposed revisions to Division 3 of the ADEM 

Administrative Code. 

vard 

(P. 0. Box 301463, Zip code 36130-1463) Sworn to before me this the 

23rd day of August 2010 

I 

Montgomery, AL 36110-2059 

(334) 394-4360 

The Alabama Depart- ment of Environmental Management proposes to amend ADEM Administrative Code 

Rule 335-3-1444. 

ADEM. Birmingham Field Office Attn: Sheila Vail 

110 Vulcan Road 

Birmingham. AL 35209-4702 

Boulevard. Montgomem. AL 36110-2059) or 

I, 

, Notary Public 

On June 3. 2010. the 

Environmental Protection A ency (EPA) fi- nalizeB amendments 

to the federal Prevention of Significant De- terioration (PSD). and Title V regulations. known as the TailorL. .- 7714 at worklng days prior to the hearing. (26) 9426168 ADEM. Decatur Field Office Attn: Jan Childers 2715 Sandlin Road, SW Decatur. AL 35603- Tfik notice is hereby wen this ~ugust 2010. by authority oi ADEM. My Commission expires October 17, 2010 ing Rule, which changed the major 

source and s~gniflcance level khreohalds 

:;HQqr%%", SZ ject to thew reg&$- tions. AD@d IS Proposh t$,70CJ$,,f!S -..---** 

Lmce R. LeFleur 

Director 

ADEM. Mobile Field Office Attn: Jenika Monroe 2204 Perimeter Road 

Mobile, AL 36615-1131 

(251) 450-3400 

ADEM 

PO BOX 301463 

ATTN: BEVERLY MILLER 

MONTGOMERY, AL 361 30-1 463 

Billing Inquiries Please Call: (251) 219-5424 

Date Position Description P.O. Number Ad Size Total Cost 

081221201 C Environmental notice ALABAMA DEPARTMENT OF 

ENVIRONMENTAL MANA 

(LU.', 7,L-VIVY 

ADEM Decatw Fidd Mllce 

Mecia Carlson being sworn, says that she is bookkeeper of ALABAMA DEPARTMENT OF ENVIRONMENTAL Attn: jan~hi~ers Press-Reg~ster which publishes a daily newspaper in the gNmEMENT 2715 Sandlin Road SW Decatur AL 3560i.l333 

City and County of Mobile. State of Alabama: NOTIE OF WMIC HEARING (256) 35j-17l3 FOR PROPOSED REVISIONS TO DIVISION 3 and attached notice appeared in the issue of ADEM ADMINISTRATIVE CODE ADEM Moble FteM Olke Attn: jenika Monroe 

Rule T~tle 2204 Permeter Road 

Press-Reg1ster0812212010 335-3-14- 04 Air Perni~ts Authorfz~ng COW Mobtk AL 36615-1131 structlon In Uean Au Areai [Preventton of (251) 4503400 

4gn1ficant Deterioration Perfrut11 (PSD) A~endrx I Greenhouse ~as8obal darm Southeast Alabama Regional Planning & tng Potenbals Devel men1 Commsston 462 Nor% Oates 4th Flow 

Notlce 1s hereby wen that a Dothan, A1 363d3 

hearmq before the Department of8nvtronmenement of the State of Alabama wdl be Alabama - Tomblgbee Rtvers Planntng & tal held '9 on ctober 6, 2010, at 10 00 a m in the Development Commlsslon 

Mam Heanng Room at the AMM - Central Of- Courthouse Am (ice locatm at 1409 Col~seum Blvd In Mont- 107 Broad Street 

0- gomery to comlder proposed revlstons to bvl- Camden, A1 36726 ston 3 df the ADEM Admln~stratwe Code Sworn to and subscr~bed before me this 23th day of August East Alabama Regmnal Plannmg & 

2010 The Alabama Departmental En- Development Commlsslon 

1 v~ronmental Management oposes to amend 1130G%11ntard Avenue ADEM Admuastrat~ve Code kle 335-3-14- 04 Ann~stob AL 36201 

G d.&, 

NOTARY PUBLIC 

FOR QUESTIONS CONCERNING THIS AFFIDAVIT. 

PLEASE CALL MECIA CARLSON AT (251 ) 21 9-541 8. 

YOU CAN PLACE A LEGAL NOTICE BY EMAIL OR FAX: LEGALSGPRESS-REGISTER.COM OR FAX# (251) 

21 9-5037 

On June 3, 2010 the Envuorr 

mental Protection Ap ($PA/, ftnalized 

amendments to the fe rat Preven mn ot SIP 

nll~cant Deleriaraton (PSD) and Title V reg+- tlons. known as the Tallonno Rule. whlch 

changed the m or wrce and sign~f~cance lv. 

el thesholds 3 sreenhwse gas 1GHG) emspar oi GHGs for malor source a&bcab~lrty and 5,000 tons per ear of GHGs as a slgnlftnnce threshold, baseJan carbon doxide e ~valent 

emissions Ad&tromI ~nformahon on 8 bass lor tk proposed rule change can he loud In the summary of reasom 

The public hewlng is being held to wewe data, views, and argumerds from in- terested oersom reoardm the orowsed rules 

~ttendanEe at the tieart6a not nhcessan to 

oresent such data v~ews:arwnents. or im 

nleols ds tile sJllle (luy be b~ii~,rted III wrtlng but must oe recewed by the Hearlnq Ulfi- cer'rrmr lo 5.M p nl on Oc~oorr 8. a10 

Wr~tten subm~ssions and other lnqulres should 

be d~rected to: ADEM Hearing Ofl~cer. Oll~ce of General Coumel, Alabama Department of Envi- romental ement P.O. Box 301463 

Montgomery%l30. j463 (street address: 

14W ~oliseh Ba~levard, Montgarnwy, AL 36110-2059) or by e-nml at Heanng.officer@adem.sbteal.us. 

Copies of the ppased mks Any perrpn lvlshii to parttuand Federal Reg~sters are avalhble at a cost of p~te In this hewng who needs wctal accom- 30 cents per page at each of the off~ce loca- modations should contact the Department's 

t~ons ltsted below. The summary of reasom Permlts and Sewces Dfvlsion at (334) 271- 

supporti the renstom are ava~lable free of 7714 at least flve working days prtor lo the 

charm. ?omes ol Ihe proposed rules. the sum- hearlnp 

mar701 reasons and the federd registers can 

- 

also be fouAd on tl~ Intmet at Ths notlce 1s hereb gwen ths wmv.adem.state.al.us/PubHearings/PubHear August 22.2010, by authorlty of AD&. 

ngs htrn at no cost. l . anre -. . R . . . leFlew . .. . 

ADEM Ofke of General Coumel Director 

Attn: holly Taturn 

1400 Colseum Boulevard PRESS REGISTER 

(P. 0. Box 301463 Zip code 3600-1463) AN. 22,2010 

gbjyg4~AL ~UU-2059 

553 WDS 

ADEM. Birmtngham Field Offlce Ann: Shetb Vail 

110 Vulcan Road &r~I",9,$y,$,L 35M9-4702 

State of Alabama 

County of Montgomery: 

Before the undersigned authority personally appeared Linda Scott who on oath, says that she is a 

personal representative of the Montgomery Advertiser, a daily newspaper published in 

~ont~omer~, Alabama; that the attached copy of advertisement, being a Legal in the matter of: 

Ad Number: 895003 ALABAMADEPARTMENTOFE 

Was published in said newspaper in the issue(s) of: 

81221201 0 

Affiant further says that the said Montgomery Advertiser is a newspaper published in said 

Montgomery County, Alabama, and that the said newspaper has heretofore been published in 

said Montgomery County, Alabama, and has been entered as second class matter at the Post 

Office in said Montgomery County, Alabama, for a period of one year next preceding the first 

publication of the attached copy of advertisement; and affiant further says that she has neither 

paid nor promised any person, firm or corporation any discount, rebate, commission or refund 

for the purpose of securing this advertisement for publication in the said newspaper. 

Now due on said account is $ 503.80 

Sworn to and subscribed before me this A* 

to me. 

day of La 

Affiant Notary Public 

My Commission Expires August 14,2013 



MONTGOMERY, ALABAMA 

IN RE: PROPOSED AMENDMENTS TO 

DIVISION 3, 

AIR DIVISION - AIR POLLUTION 

CONTROL PROGRAM 

PROCEEDINGS taken before the 

Alabama Department of Environmental I 

Management in the above-referenced 

matter on October 6, 2010, commencing at 10:OO a.m., in the hearing room of 

the Alabama Department of I 

Environmental Management, 1400 

Coliseum Boulevard, Montgomery, 

Alabama, before Mishan Williamson, Certified Shorthand Reporter and I 

Notary Public in and for the State of 

Alabama at Large. 

BEFORE : I 

GERALINE HANDSOME, Hearing Officer 

1 

REAGAN REPORTERS, LLC 

334.262.7556 

www.reaaanreoorters.com 

Part C - 

Documentation of Submittal of Final Regulations to the Legislative Reference Service 

CERTIFICATION OF ADMINISTRATIVE RULES 

FILED WITH THE LEGISLATIVE REFERENCE SERVICE 

JERRY L. BASSETI'. DIRECTOR 

(Pursuant to &la, Code 9 41-22-6, as amended.) I certify that the attached are correct copies of rules as promulgated and adopted on the day of 

December 2010, and fled with the agency secretary on the &day of December 2010. 

AGENCY NAME: Alabama Department of Environmental Management 

- X Amendment X New - Repeal Adopt by Reference (Mark appropriate space) 

Rule No.: 3fi-3-14-,04 (Amend) 

Rule Title: Air Permits Authorizinrr Construction in Clean Air Areas [Prevention of 

bnificant Deterioration Permittinn CPSDI1 

Rule No.: ~s-.?-Amendix 1 (New) 

Rule Title: Greenhouse Gas Global Warming Potentials 

ACTION TAKEN: State whether the rule was adopted with or without changes from the proposed due to 

written or oral comments: 

The attached copies of ADEM Adrnin. Code div. 335-3, Air Division - Air Pollution Control 

Program Regulations are correct copies as promulgated and adopted by the Environmental 

Management Commission on the loth day of December 2010, without changes from the 

proposed rules. 

NOTICE OF INTENDED ACTION PUBLISHED IN VOLUME: XXVIII, 

ISSUE NO.11, AAM, DATED August 31.2010. 

REC'D & FILED 

BllTnb@mBranch 

110 Vulcan Road 

Birmingham, A1 352094702 

(205) 942-6168 

(205) 941-1603 (FAX) 

DbceturBrench 2715 Sandlm Road, S. W. 

Decatur, AL 356031333 

(256) 3531713 (256) 3409359 (FAY.) 

MoMbBIsnch 

2204 Penmeter Road 

Mobtle, AL 366151131 

(251) 450-3400 

(251) 4742593 (FAX) 

MobsbCoratsl 

4171 Commanders Drive 

Mobile, A1 366151421 

(251) 432-6533 

(251) 4326598 (FAX) 
(Date Filed) 

(For LRS Use Only) 

General counsel% 

Agency Secretary 

(Note: In accordance with & Code 5 41-22-6(b) (as amended), a proposed rule is required to be certified 

within go days after completion of the notice.) 
Part D - 

Summary of Reasons Supporting the Revision of the ADEM Administrative Code for 

Division 3 (Air Division) 

q

g

y 

y 

2, 201 1, the earliest date that 2012 vehicles meeting the standards can be sold in the 

United States. On that date, GHGs will become a regulated air pollutant under the Clean 

Air Act (CAA). Prevention of Significant Deterioration (PSD) and Title V permitting 

program requirements will apply to major stationary sources of these pollutants. On June 

3, 2010, the EPA finalized amendments to the federal PSD and Title V regulations, 

known as the Tailoring Rule, which changed the major source and significance level 

thresholds of GHG emissions subject to these regulations. According to current state 

regulations, sources exceeding a major source threshold of 100 or 250 tons per year 

(depending on the source category) of a regulated air pollutant are subject to PSD 

permitting requirements. ADEM is proposing to modify its current PSD regulations to be 

consistent with EPA's tailoring rule to include additional thresholds of 100,000 tons per 

year of GHGs for major source applicability and 75,000 tons per year of GHGs as a 

significance threshold, based on carbon dioxide equivalent emissions. 

It is the opinion of ADEM that the PSD program is not the appropriate vehicle for 

regulating GHG emissions. ADEM is taking this action to insure continuance of primacy 

of permitting authority for the State of Alabama and to alleviate some of the "absurd 

results" of EPA's previous GHG regulatory actions. If future Congressional or judicial 

action results in GHGs not being regulated under the PSD program, ADEM intends to 

undertake a rulemaking action to delete the PSD permitting thresholds for GHGs from its 

regulations. 

14- 16 

14-17 14-25 14-32 

Appendix I Appendix I will be added to reflect the changes to Chapter 335-3-14. 

14-32 14-40 

335-3-14-.04(1)(k) 335-3-14-.04(2)(a) 335-3-14-.04(2)(w) 335-3-14-.04(2)(zz) 

Add revisions in respect to Greenhouse gases 

(GHGs) 

Add revisions in respect to GHGs 

Add revisions in respect to GHGs 

Add definition of GHGs 

335-3-14-.04(2)(aaa) 335-3- 14-.04(8)(n) 

Add definition of C02 equivalent emissions 

(C02e) 

Add revisions in respect to GHGs 

Part E - 

Proposed Revisions to Chapter 335-3-14 

(Permits) 

j

y 

(

p

g

p

(

)(

) 

) 

y 

project at an existing major stationary source in an area designated as 

attainment or unclassifiable under sections lo7 (d) ( 1) (A) (ii) or (iii) of the Clean 

Air Act. 

(b) The requirements of paragraphs (9) through (17) of this rule apply to 

the construction of any new major stationary source or the major modification 

of any existing major stationary source, except as this rule otherwise provides. 

(c) No new major stationary source or major modification to which the 

requirements of paragraphs (9) through (17)(c) of this rule apply shall begin 

construction without a permit that states that the major stationary source or 

major modification will meet those requirements. 

(d) Except as otherwise provided in subparagraph (1)Cj) of this rule, and 

consistent with the definition of major modification contained in subparagraph 

(2)(b) of this rule, a project is a major modification for a regulated NSR 

pollutant only if it causes two types of emissions increases - a significant 

emissions increase [as defined in subparagraph (2)(mm) of this rule], and a 

significant net emissions increase [as defined in subparagraphs (2)(c) and (2)(w) 

of this rule]. 

(e) Before beginning actual construction, the procedure for calculating 

whether a significant emissions increase will occur depends upon the type of 

emissions units being modified, according to subparagraphs (l)(f) through (i) of 

this rule. The procedure for calculating whether a significant net emissions 

increase will occur at the major stationary source is contained in the definition 

in subparagraph (2)(c) of this rule. Regardless of any such preconstruction 

projections, a major modification can result only if the project causes a 

significant emissions increase and a significant net emissions increase. 

(f) Actual-to-projected-actual applicability test for projects that only 

involve existing emissions units. A significant emissions increase of a 

regulated NSR pollutant is projected to occur if the sum of the difference(s) 

between the projected actual emissions [as defined in subparagraph (2)(nn) of 

this rule] and the baseline actual emissions [as defined in subparagraphs 

(2)(uu) 1. and 2. of this rule], for each existing emissions unit, equals or exceeds 

the significant rate for that pollutant [as defined in subparagraph (2)(w) of this 

rule]. 

(g) Actual-to-potential test for proiects that only involve construction of 

-- a new emissions unit(s). A significant emissions increase of a regulated NSR 
emissions units. A significant emissions increase of a regulated NSR pol!utant 

is projected to occur if the sum of the difference(s) between the potential to 

emit [as defined in subparagraph (2)(d) of this rule] and the actual emissions 

[as defined in subparagraph (2)(u) of this rule], for each existing emissions unit, 

equals or exceeds the significant rate for that pollutant [as defined in 

subparagraph (2) (w) of this rule]. 

(i) Hybrid test for projects that involve multiple types of emissions units. 

A significant emissions increase of a regulated NSR pollutant is projected to 

occur if the sum of the emissions increases for each emissions unit, using the 

method specified in subparagraphs (l)(f) through (h) of this rule as applicable 

with respect to each emissions unit, for each type of emissions unit equals or 

exceeds the significant rate for that pollutant [as defined in subparagraph (2)(w) 

of this rule]. 

Cj) Any major stationary source subject to a plantwide applicability limit 

(PAL), as defined in subparagraph (23)(b)5. of this rule, for a regulated NSR 

pollutant shall comply with the requirements under paragraph (23) of this rule. 

jk) Greenhouse gases (GHGsl 

1. Prior to January 2, 20 11, GHGs, as defined in Subparagraph (2)(22) of 

this Rule, shall not be considered a regulated NSR pollutant. 

2. During the period of January 2, 201 1 to June 30, 201 1, GHGs shall 

only be considered regulated NSR pollutants if: 

li) The stationam source is a new maior stationary source for a 

regulated NSR pollutant other than GHGs, and the source will have the 

potential to emit GHGs at a rate of 75,000 TPY CO2e or more, or 

jii) The stationary source is an existing maior stationary source for a 

regulated NSR pollutant other than GHGs, the source is making a maior 

modification which will result in a significant net emissions increase of a 

regulated NSR pollutant other than GHGs, the source is making a modification 

which will result in a net increase in GHGs (total mass basis), and the source is 

making a modification which will result in a net emissions increase of GHGs 

greater than 75,000 TPY COze. 

3. Beginning July 1, 201 1, the applicabilitv of this rule with respect to 

GHGs shall be as listed in paragraphs (l)(a) through (i). 
NS

po

uta

t: 

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; and 

hydrofluoric acid plants; 

sulfuric acid plants; 

nitric aid plants; iron and steel mill plants; 

krdt 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; 
changes would constitute a major stationary source by its elf,

 

liii) For GHGs, any stationary source which emits or has the potential to 

emit: 

(I) GHGs on a total mass rate in accordance with either subparagraph 

(2)(a) 1. or (2)(all .(i), and 

I /II) GHGs of 100,000 tons per year or more CO2e. I 

2. A stationary source that is considered major for VOC or NOX shall be 

considered major for ozone. 

(b) "Maior 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 regulated NSR pollutant. 

1. Any net emissions increase that is significant for VOC or NOx 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: 
(

) 

p

p

, 

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. 

(viii) Reserved. 

(ix) The installation, operation, cessation, or removal of a temporary 

clean coal technology demonstration project, provided that the project complies 

with requirements necessary to attain and maintain the national ambient air 

quality standards during the project and after it is terminated. 

(x) The installation or operation of a permanent clean coal technology 

demonstration project that constitutes repowering, provided that the project 

does not result in an increase in the potential to emit of any regulated NSR 

pollutant emitted by the unit. This exemption shall apply on a pollutant-bypollutant basis. 

3. This definition shall not apply with respect to a particular regulated 

NSR pollutant when the major stationary source is complying with the 

requirements under paragraph (23) of this rule for a PAL for that pollutant. 

Instead, the definition at subparagraph (23)(b)8. of this rule shall apply. 

(c) "Net Emissions Increase" shall mean with respect to any regulated 

NSR pollutant, the amount by which the sum of the following exceeds zero: 

1. Any increase in emissions as calculated pursuant to subparagraph 

(l)(e) through (i) of this rule 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. Baseline actual emissions for calculating increases and decreases 

under this subparagraph shall be determined as provided in subparagraph 

(2)(uu) of this rule, except that subparagraphs (2)(uu)l.(iii) and (2)(uu)2.(iv) of 

this rule shall not apply. 

(i) An increase or decrease in actual emissions is contemporaneous with 

the increase from the particular change only if it occurs between: 
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 PM,, emissions can be used to evaluate the net emissions increase for 

PM,W 

(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; 

(11) It is enforceable [see subparagraph (q) of this paragraph], at and 

after the time that actual construction on the particular change begins; and 

(111) 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. 
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 regulated NSR pollutant 

including an electric utility steam generating unit as defined in subparagraph 

(2)(w) of this rule. For purposes of this rule, there are two types of emissions 

units as described in subparagraphs (2)(g) 1. and 2. of this rule. 

1. A new emissions unit is any emissions unit that is (or will be) newly 

constructed and that has existed for less than 2 years from the date such 

emissions unit first operated. 

2. An existing emissions unit is any emissions unit that does not meet 

the requirements in subparagraph (2)(g) 1. of this rule. 

(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 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 
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 (0) 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, as defined in paragraph (2)(u) of this rule, 

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, as defined in paragraph (2)(u) of this rule, frorn any 

major stationary source on which construction commenced after the major 

source baseline date; and 

(ii) Actual emissions increases and decreases, as defined in paragraph 

(2)(u) of this rule, at any stationary source occurring after the minor source 

baseline date. 
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)(l) 

(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 PM,, increments. 

(0) "Baseline Area" shall mean any intrastate area (and every part 

thereof) designated as attainment or unclassifiable under Section 1 O7(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 PM,, 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, 61, and 63; 
6 1, and 63, requirements within the State Implementation Plan and any permit 

requirements established pursuant to chapters 14, 15, or 16 of these 

regulations. 

(r) "Secondarv 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 Technolo&' 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 nm-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 

regulated NSR pollutant from an emissions unit, as determined in accordance 

with subparagraphs (u) 1. through (u)3. below, except that this definition shall 

not apply for establishing a PAL under paragraph (23) of this rule. Instead, 

subparagraphs (2)(nn) and (2)(uu) of this rule shall apply for this purpose. 

1. In general, actual emissions as of any given date shall equd the 

average rate, in tons per year, at which the unit actually emitted the pollutant 

during a consecutive 24- month 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 
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: 

Emissions Rate 

Pollutant (tons per year) 

Carbon monoxide ...................................................... 100 

Nitrogen oxides ......................................................... 40 

Sulfur dioxide.. .......................................................... 40 

Particulate matter ..................................................... 25 

p"~~ ......................................................................... 15 

Ozone ........................................................................ 40 (of VOC or NOX) 

Lead .......................................................................... 0.6 

Fluorides (excluding HF) ........................................... 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-pdioxins 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 

Greenhouse gases (GHGs) CO2e 

75,000 
or greater than one (1) microgram per cubic meter (24-hour average). 

3. For GHGs, a source or modification would not be significant unless it 

results in: 

li) An emissions increase and a net emissions increase in GHGs on a 

total mass basis, and 

. . 

111) A significant emissions increase and a significant net emissions 

increase in GHGs on a COze basis. 

(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. 

(2) "Low Terrain" shall mean any area other than high terrain. 

(aa) "Indian Governing Bodv" 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 Visibilit$' 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) "Visibilitv Impairment" means any humanly perceptible change in 

visibility (light extinction, 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. 
(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 catalytx 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)l.(i) through (v), for the purposes set forth in 

subparagraph (ff)l., 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. 
recycling, treatment, or disposal. It does not mean recycling (other than certain "in-process recycling'' practices), energy recovery, treatment, or 

disposal. 

(hh) "Clean coal technolow" means any technology, including 

technologies applied at the precombustion, combustion, or post combustion 

stage, at a new or existing facility which will achieve significant reductions in 

air emissions of sulfur dioxide or oxides of nitrogen associated with the 

utilization of coal in the generation of electricity, or process steam which was 

not in widespread use as of November 15, 1990. 

(ii) "Clean coal technolow demonstration project" means a project using 

funds appropriated under the heading "Department of Energy-Clean Coal 

Technology", up to a total amount of $2,500,000,000 for commercial 

demonstration of clean coal technology, or similar projects funded through 

appropriations for the Environmental Protection Agency. The Federal 

contribution for a qualifying project shall be at least 20 percent of the total cost 

of the demonstration project. 

Ijj) "Temporary clean coal technology demonstration project" means a 

clean coal technology demonstration project that is operated for a period of 5 

years or less, and which complies with the State implementation plans for the 

State in which the project is located and other requirements necessary to attain 

and maintain the national ambient air quality standards during the project and 

after it is terminated. 

(kk) "Repowering" means replacement of an existing coal-fired boiler 

with one of the following clean coal technologies: atmospheric or pressurized 

fluidized bed combustion, integrated gasification combined cycle, 

magnetohydrodynarnics, direct and indirect coal-fired turbines, integrated 

gasification fuel cells, or as determined by the Administrator, in consultation 

with the Secretary of Energy, a derivative of one or more of these technologies, 

and any other technology capable of controlling multiple combustion emissions 

simultaneously with improved boiler or generation efficiency and with 

significantly greater waste reduction relative to the performance of technology 

in widespread commercial use as of November 15, 1990. 

1. Repowering shall also include any oil and/or gas-fired unit which has 

been awarded clean coal technology demonstration funding as of January 1, 

199 1, by the Department of Energy. 

(11) Reserved. 
5 years (consecutive 12-month period) following the date the unit resumes 

regular operation after the project, or in any one of the 10 years following that 

date, if the project involves increasing the emissions unit's design capacity or 

its potential to emit that regulated NSR pollutant and full utilization of the unit 

would result in a significant emissions increase or a significant net emissions 

increase at the major stationary source. 

2. In determining the projected actual emissions under subparagraph 

(2)(nn) 1. of this rule (before beginning actual construction), the owner or 

operator of the major stationary source: 

(i) Shall consider all relevant information, including but not limited to, 

historical operational data, the company's own representations, the company's 

expected business activity and the company's highest projections of business 

activity, the company's filings with the State or Federal regulatory authorities, and compliance plans under these regulations; and 

(ii) Shall include fugitive emissions to the extent quantifiable and 

emissions associated with startups and shutdowns; and 

(iii) Shall exclude, in calculating any increase in emissions that results 

from the particular project, that portion of the unit's emissions following the 

project that an existing unit could have accommodated during the consecutive 

24-month period used to establish the baseline actual emissions under 

subparagraph (2)(uu) of this rule and that are not resulting from the particular 

project, including any increased utilization due to product demand growth; or 

(iv) In lieu of using the method set out in subparagraphs (2)(nn)2.(i) 

through (iii), may elect to use the emissions unit's potential to emit, in tons per 

year, as defined under subparagraph (2)(d) of this rule. 

(00) Reserved. 

(pp) "Prevention of Significant Deterioration fPSD) program" means the 

preconstruction permit program in this rule. Any permit issued under this 

program is a major NSR permit. 

(qq) "Continuous emissions monitoring system ICEMS)" means all of the 

equipment that may be required to meet the data acquisition and availability 

requirements of this rule, to sample, condition (if applicable), analyze, and 

provide a record of emissions on a continuous basis. 
equipment necessary to meet the data acquisition and availability requirements 

of this rule, to monitor process and control device operational parameters (for 

example, control device secondary voltages and electric currents) and other 

information (for example, gas flow rate, 02 or C02 concentrations), and to 

record average operational parameter value(s) on a continuous basis. 

(tt) "Continuous emissions rate monitoring system (CERMS)" means the 

total equipment required for the determination and recording of the pollutant 

mass emissions rate (in terms of mass per unit of time). 

(uu) "Baseline actual emissions" means the rate of emissions, in tons 

per year, of a regulated NSR pollutant, as determined in accordance with 

subparagraphs (2) (uu) 1. through 4. of this rule. 

1. For any existing electric utility steam generating unit, baseline actual 

emissions means the average rate, in tons per year, at which the unit actually 

emitted the pollutant during any consecutive 24-month period selected by the 

owner or operator within the 5-year period immediately preceding when the 

owner or operator begins actual construction of the project. The Director may 

allow the use of a different time period upon a determination that it is more 

representative of normal source operation. 

(i) The average rate shall include fugitive emissions to the extent 

quantifiable and emissions associated with startups and shutdowns. 

(ii) The average rate shall be adjusted downward to exclude any 

non-compliant emissions that occurred while the source was operating above 

any emission limitation that was legally enforceable during the consecutive 

24-month period. 

(iii) For a regulated NSR pollutant, when a project involves multiple 

emissions units, only one consecutive 24-month period must be used to 

determine the baseline actual emissions for the emissions units being changed. 

A different consecutive 24-month period can be used for each regulated NSR 

pollutant. 

(iv) The average rate shall not be based on any consecutive 24-month 

period for which there is inadequate information for determining annual 

emissions, in tons per year, and for adjusting this amount if required by 

subparagraph (2) (uu) 1. (ii) of this rule. 

2. For an existing emissions unit (other than an electric utility steam 

generating unit), baseline actual emissions means the average rate, in tons per 
(i) The average rate shall include fugitive emissions to the extent 

quantifiable and emissions associated with startups and shutdowns. 

(ii) The average rate shall be adjusted downward to exclude any 

non-compliant emissions that occurred while the source was operating above 

an emission limitation that was legally enforceable during the consecutive 

24-month period. 

(iii) The average rate shall be adjusted downward to exclude any 

emissions that would have exceeded an emission limitation with which the 

major stationary source must currently comply, had such major stationary 

source been required to comply with such limitations during the consecutive 

24-month period. However, if an emission limitation is part of a maximum 

achievable control technology standard that the Administrator proposed or 

promulgated under 40 CFR part 63, the baseline actual emissions need only be 

adjusted if the State has taken credit for such emissions reductions in an 

attainment demonstration or maintenance plan consistent with the 

requirements of 40 CFR 8 5 1.165(a)(3)(ii)(G). 

(iv) For a regulated NSR pollutant, when a project involves multiple 

emissions units, only one consecutive 24-month period must be used to 

determine the baseline actual emissions for all the emissions units being 

changed. A different consecutive 24-month period can be used for each 

regulated NSR pollutant. 

(v) The average rate shall not be based on any consecutive 24-month 

period for which there is inadequate information for determining annual 

emissions, in tons per year, and for adjusting this amount if required by 

subparagraphs (2)(uu)2. (ii) and (iii) of this rule. 

3. For a new emissions unit, as defined in subparagraph (2)(g) 1. of this 

rule, the baseline actual emissions for purposes of determining the emissions 

increase that will result from the initial construction and operation of such unit 

shall equal zero. During the first two years from the date which the emissions 

unit commenced operation, the baseline actual emissions shall equal the 

potential to emit for the unit. Thereafter, the unit will be considered an existing emissions unit and the baseline actual emissions will be determined in 

accordance with subparagraph (2)(uu) 1. for an electric steam generating unit or 

subparagraph (2)(uu)2. for other emissions units. 

4. For a PAL for a stationary source, the baseline actual emissions shall 

be calculated for existing electric utility steam generating units in accordance 
output to any utility power distribution system for sale. Any steam supplied to 

a steam distribution system for the purpose of providing steam to a steamelectric generator that would produce electrical energy for sale is also 

considered in determining the electrical energy output capacity of the affected 

facility. 

(ww) "Regulated NSR pollutant", for purposes of this rule, means the 

following: 

1. Any pollutant for which a national ambient air quality standard has 

been promulgated and any constituents or precursors for such pollutants 

identified by the Administrator of EPA (e.g., volatile organic compounds and 

NOX are precursors for ozone); 

2. Any pollutant that is subject to any standard promulgated under 

section 11 1 of the Clean Air Act; 

3. Any Class I or I1 substance subject to a standard promulgated under 

or established by title VI of the Clean Air Act; or 

4. Any pollutant that otherwise is subject to regulation under the Clean 

Air Act; except that any or all hazardous air pollutants either listed in section 

112 of the Clean Air Act, including compounds listed in 40 CFR Part 68 

pursuant to Section 112(r) of the Clean Air Act, or added to the list pursuant to 

section 112(b)(2) of the Clean Air Act, which have not been delisted pursuant to 

section 112(b)(3) of the Clean Air Act, are not regulated NSR pollutants unless the listed hazardous air pollutant is also regulated as a constituent or 

precursor of a general pollutant listed under section 108 of the Clean Air Act. 

(xx) Reserved. (yy) "Proiect" means a physical change in, or change in the method of 

operation of, an existing major stationary source. 

jzz) Greenhouse pases (GHGs) means the aggregate of: carbon dioxide, 

nitrous oxide, methane, hvdrofluorocarbons, perfluorocarbons, and sulfur 

hexafluoride. 

jaaa) C02 equivalent emissions (CO2e) shall represent the amount of 

GHGs emitted as computed by the following: 
(3) Ambient & Increments . In areas designated as Class I. I1 or 111. 

increases in pollutant concentration over the baseline shall be limited to the 

following: 

Area Pollutant Maximum Allowable Increase (micrograms per cubic meter) 

Class I PM., . Annual arithmetic mean ............. 4 

24-hour maximum ...................... 8 

Sulfur dioxide: Annual arithmetic mean ............. 2 

24-hour maximum ...................... 5 3-hour maximum ...................... 25 

Nitrogen dioxide: Annual arithmetic mean .......... 2.5 

Class I1 PM., . Annual arithmetic mean ........... 17 

24-hour maximum .................... 30 

Sulfur dioxide: Annual arithmetic mean ........... 20 

24-hour maximum .................... 91 

3-hour maximum .................... 512 

Nitrogen dioxide: Annual arithmetic mean ........... 25 

Class I11 PM., . Annual arithmetic mean ........... 34 

24-hour maximum .................... 60 

Sulfur dioxide: Annual arithmetic mean ........... 40 

24-hour maximum .................. 182 

Sulfur dioxide: 3-hour maximum .................... 700 

........... I Nitrogen dioxide: Annual arithmetic mean 50 I 
(b) The concentration permitted under the National Primary Ambient Air 

Quality Standard, whichever concentration is lowest for the pollutant for a 

period of exposure. 
(b) Any other area is initially designated Class 11: 

(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 PM,, 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, PM,,, 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)l. 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. 
apply to any major stationary source and any major modification with respect 

to each regulated NSR pollutant 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)(l) (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 soul-ce 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; 
Lime plants; 

Phosphate rock processing plants; Coke oven batteries; 

Sulfur recovery plants; Carbon black plants (furnace process); 

Primary lead smelters; 

Fuel conversion plants; 

Sintering plants; Secondary metal production plants; Chemical process plants; 

Fossil-fuel boilers (or combination thereof) totaling more than 250 

million British thermal units per hour heat input; 

Petroleum storage and transfer units with a total storage capacity 

exceeding 300,000 barrels; 

Taconite ore processing plants; 

Glass fiber processing plants; 

Charcoal production plants; 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 1 1 1 or 112 of the CAA; or 

8. The source is a portable stationary source which has previously 

received a permit under this rule; 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. 

(fj The requirements of paragraphs (lo), (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 (lo), (12), and (14) of this rule as 

they relate to any maximum allowable increase for a Class I1 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 regulated NSR 

pollutant 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: 
Hydrogen sulfide ......................... 0.2 pg/m3, 1-hour average; 

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)l. 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 PM,, 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 PM,, 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 PM,, in subparagraphs (12)(a)l. 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 PM,, in subparagraphs (12)(a) 1. through 4. 

(1) The requirements for air quality monitoring of PM,, in subparagraphs 

(12)(a)2. and 4. and subparagraph (12)(c) shall apply to a particular source or 

 NO de minirnus air quality level is provided for ozone. However, any net 

increase of 100 tons per year or more of VOC or NOx subject to rule 

335-3-14-.04 would be required to perform an ambient impact analysis 

including the gathering of ambient air quality data. 
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 (lo), (1 l), (13), (15), and (16). 

In) The requirements of paragraphs (lo), (1 11, (121, (14), and 11.51 of this 

Rule shall not apply with respect to GHGs for any maior stationary source or 

maior modification. 

(9) Control Technolow 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 regulated 

NSR pollutant that it would have the potential to emit in significant amounts. 

(c) A major modification shall apply BACT for each regulated NSR 

pollutant 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 
Environmental Protection Agency, Office of Air Quality Planning and Standards, 

Research Triangle Park, NC 277 1 1) 

(12) Air Qualitv 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. 
p

(

)

p

g

p

(

)

paragraph requires shall have been gathered over that shorter period. 

8. With respect to any requirements for air quality monitoring of PM,, 

under subparagraphs (8)(k) and (1) 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 PM,, 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 satisfyng this paragraph. 

(d) Visibilitv 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(lO), 335-3-14-.04(12), and 335-3- l4-.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 m~d~cation, emission estimates and 

any other information necessary to determine that BACT would be applied. 
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 1 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 not* 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 
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 perrnit. 

(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, PM,,, and nitrogen oxides would not 

exceed the following maximum allowable increases over baseline concentration 

for such pollutants: 

Pollutant Maximum Allowable Increase (micrograms per cubic meter) 

PM,,: 

provided, that the applicable requirements of this rule are otherwise met. 

Annual arithmetic mean ...... .17 

24-hour maximum ............... .30 

Sulfur dioxide: 

Nitrogen dioxide: 

(f) Sulfur Dioxide Variance b~ 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 

Annual arithmetic mean ...... .20 

24-hour maximum ............... .9 1 3-hour maximum.. ............. .325 

Annual arithmetic mean ...... .25 
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 paragraph (16) of this rule 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 (f) or (g) 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: 

I I Maximum Allowable Increase I 

(1 6) Public Participation. 

Period of 

exposure 

24-hour maximum 

3-hour maximum 

(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. 

(23) 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: 

(micrograms per cubic meter) 

Terrain areas 

Low 

36 

130 

High 

62 

221 
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. Public comments will be accepted for at least 30 days from the date of 

initial publication. 

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, as part of the public record, 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. 
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. 

(d) The provisions of this subparagraph (17)(d) apply to projects at an 

existing emissions unit at a major stationary source (other than projects at a 

source with a PAL), that are not excluded from the definition of physical change 

or change in the method of operation, where there is not a reasonable 

possibility that the project is a part of a major modification and may result in a 

significant emissions increase and the owner or operator elects to use the 

method specified in subparagraphs (2)(nn)2.(i) through (iii) of this rule for 

calculating projected actual emissions. 

1. Before beginning actual construction of the project, the owner or 

operator shall document and maintain a record of the following information: 

(i) A description of the project; 

(ii) Identification of the emissions unit(s) whose emissions of a regulated 

NSR pollutant could be affected by the project; and 

(iii) A description of the applicability test used to determine that the 

project is not a major modification for any regulated NSR pollutant, including 

the baseline actual emissions, the projected actual emissions, the amount of 

emissions excluded under subparagraph (2)(nn)2.(iii) of this rule and an 

explanation for why such amount was excluded, and any netting calculations, 

if applicable. 

2. The owner or operator of the source shall make the information 

required to be documented and maintained pursuant to subparagraph (17)(d) 
existing emissions unit at a major stationary source (other than projects at a 

source with a PAL) in circumstances where there is a reasonable possibility that a project that is not a part of a major modification, and that is not 

excluded from the definition of physical change or change in the method of 

operation, may result in a significant emissions increase and the owner or 

operator elects to use the method specified in subparagraphs (2) (nn)2. (i) 

through (iii) of this rule for calculating projected actual emissions. 

1. Before beginning actual construction of the project, the owner or 

operator shall document and maintain a record of the following information: 

(i) A description of the project; 

(ii) Identification of the emissions unit(s) whose emissions of a regulated 

NSR pollutant could be affected by the project; and 

(iii) A description of the applicability test used to determine that the 

project is not a major modification for any regulated NSR pollutant, including 

the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under subparagraph (2)(nn)2.(iii) of this rule and an 

explanation for why such amount was excluded, and any netting calculations, 

if applicable. 

2. Before beginning actual construction, the owner or operator shall 

provide a copy of the information set out in subparagraph (1 7)(e) 1. of this rule 

to the Director. Nothing in this subparagraph shall be construed to require the 

owner or operator of such a unit to obtain any determination from the Director 

before beginning actual construction; however, nothing in this subparagraph 

shall be construed to exempt the owner or operator of such a unit from 

obtaining any minor source Air Permit in accordance with the requirements of this chapter. 

3. The owner or operator shall monitor the emissions of any regulated 

NSR pollutant that could increase as a result of the project and that is emitted 

by any emissions unit identified in subparagraph (17)(e) l.(ii) of this rule; and 

calculate and maintain a record of the annual emissions, in tons per year on a 

calendar year basis, for a period of 5 years following resumption of regular 

operations after the change, or for a period of 10 years following resumption of 

regular operations after the change if the project increases the design capacity 

or potential to emit of that regulated NSR pollutant at such emissions unit. 
(iii) The annual emissions as calculated pursuant to subparagraph 

(17)(e)3. of this rule; and 

(iv) Any other information that the owner or operator wishes to include 

in the report. 

5. The owner or operator of the source shall make the information 

required to be documented and maintained pursuant to subparagraph (17)(e) of 

this rule available for review upon a request for inspection by the Department. 

6. All information submitted to the Department pursuant to the 

requirements of subparagraph (17)(e) of this rule shall be available for review at 

the request of any member of the public in accordance with the Department's 

public records review procedures found in ADEM Admin. Code r. 335- 1- 1-.06. 

(1 8) Innovative Control Technologv. 

(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: 
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. 

(20) Reserved. 

(2 1) Reserved. 
major stationary source if the PAL meets the requirements in subparagraphs 

(23)(a) through (0) of this rule. The term "PAL shall mean "actuals PAL" 

throughout paragraph (23) of this rule. 

2. Any physical change in or change in the method of operation of a 

major stationary source that maintains its total source-wide emissions below 

the PAL level, meets the requirements in subparagraphs (23)(a) through (0) of 

this rule, and complies with the PAL permit: 

(i) Is not a major modification for the PAL pollutant; 

(ii) Does not have to be approved through the PSD program; 

3. A major stationary source shall continue to comply with all applicable 

Federal or State requirements, emission limitations, and work practice 

requirements that were established prior to the effective date of the PAL. 

(b) Definitions. For the purposes of this rule, the definitions in 

subparagraphs (23)(b) 1. through 11. of this rule apply. When a term is not 

defined in these paragraphs, it shall have the meaning given in paragraph (2) of 

this rule or in the Clean Air Act. 

1. "Actuals PAL'' for a major stationary source means a PAL based on 

the baseline actual emissions (as defined in subparagraph (2)(uu) of this rule) 

of all emissions units (as defined in subparagraph (2)(g) of this rule) at the 

source, that emit or have the potential to emit the PAL pollutant. 

2. "Allowable emissions" means "allowable emissions" as defined in 

subparagraph (2)(p) of this rule, except as this definition is modified according 

to subparagraphs (23)(b)2.(i) and (ii) of this rule. 

(i) The allowable emissions for any emissions unit shall be calculated 

considering any emission limitations that are enforceable as a practical matter 

on the emissions unit's potential to emit. 

(ii) An emissions unit's potential to emit shall be determined using the 

definition in subparagraph (2)(d) of this rule, except that the words "or 

enforceable as a practical matter" should be added after "enforceable." 

3. "Small emissions unit" means an emissions unit that emits or has the 

potential to emit the PAL pollutant in an amount less than the significant level 

for that PAL pollutant, as defined in subparagraph (2)(w) of this rule or in the 

Clean Air Act, whichever is lower. 
accordance with subparagraphs (23)(a) through (0) of this rule. 

6. "PAL effective date" generally means the date of issuance of the PAL 

permit. However, the PAL effective date for an increased PAL is the date any 

emissions unit that is part of the PAL major modification becomes operational 

and begins to emit the PAL pollutant. 

7. "PAL effective period" means the period beginning with the PAL 

effective date and ending 10 years later. 

8. "PAL major modification" means, notwithstanding subparagraphs 

(2)(b) and (2)(c) of this rule (the definitions for major modification and net 

emissions increase), any physical change in or change in the method of 

operation of the PAL source that causes it to emit the PAL pollutant at a level 

equal to or greater than the PAL. 

9. "PAL permit" means the major NSR permit, the minor NSR permit, or 

the title V permit issued by the Director that establishes a PAL for a major 

stationary source. 

10. "a pollutant" means the pollutant for which a PAL is established 

at a major stationary source. 

11. "Significant emissions unit" means an emissions unit that emits or 

has the potential to emit a PAL pollutant in an amount that is equal to or 

greater than the significant level (as defined in subparagraph (2)(w) of this rule 

or in the Clean Air Act, whichever is lower) for that PAL pollutant, but less than 

the amount that would qualify the unit as a major emissions unit as defined in 

subparagraph (23) (b)4. of this rule. 

(c) Permit application requirements. As part of a permit application 

requesting a PAL, the owner or operator of a major stationary source shall 

submit the following information to the Director for approval: 

1. A list of all emissions units at the source designated as small, 

significant or major based on their potential to emit. In addition, the owner or 

operator of the source shall indicate which, if any, Federal or State applicable 

requirements, emission limitations, or work practices apply to each unit. 

2. Calculations of the baseline actual emissions (with supporting 

documentation). Baseline actual emissions are to include emissions associated 

not only with operation of the unit, but also emissions associated with startup 

and shutdown. 
source, provided that at a minimum, the requirements in subparagraphs 

(23) (d) 1. (i) through (vii) of this rule are met. 

(i) The PAL shall impose an annual emission limitation in tons per year, 

that is enforceable as a practical matter, for the entire major stationary source. 

For each month during the PAL effective period after the first 12 months of 

establishing a PAL, the major stationary source owner or operator shall show 

that the sum of the monthly emissions from each emissions unit under the PAL 

for the previous 12 consecutive months is less than the PAL (a 12-month total, 

rolled monthly). For each month during the first 11 months from the PAL 

effective date, the major stationary source owner or operator shall show that 

the sum of the preceding monthly emissions from the PAL effective date for 

each emissions unit under the PAL is less than the PAL. 

(ii) The PAL shall be established in a PAL permit that meets the public 

participation requirements in subparagraph (23)(e) of this rule. 

(iii) The PAL permit shall contain all the requirements of subparagraph 

(23) (g) of this rule. 

(iv) The PAL shall include fugitive emissions, to the extent quantifiable, 

from all emissions units that emit or have the potential to emit the PAL 

pollutant at the major stationary source. 

(v) Each PAL shall regulate emissions of only one pollutant. 

(vi) Each PAL shall have a PAL effective period of 10 years. 

(vii) The owner or operator of the major stationary source with a PAL 

shall comply with the monitoring, recordkeeping, and reporting requirements 

provided in subparagraphs (23)(1) through (n) of this rule for each emissions 

unit under the PAL through the PAL effective period. 

2. At no time (during or after the PAL effective period) are emissions 

reductions of a PAL pollutant that occur during the PAL effective period 

creditable as decreases for purposes of offsets under rule 335-3-14-.05 of this 

chapter unless the level of the PAL is reduced by the amount of such emissions 

reductions and such reductions would be creditable in the absence of the PAL. 

(e) Public participation requirements for PALs. PALS for existing major 

stationary sources shall be established, renewed, or increased through a 

procedure that is consistent with those of this rule and 40 CFR Parts 51.160 

and 5 1.16 1. This includes the requirement that the Director provide the public 
significant level for the PAL pollutant under subparagraph (2)(w) of this rule or 

under the Clean Air Act, whichever is lower. When establishing the actuals PAL 

level, for a PAL pollutant, only one consecutive 24-month period must be used 

to determine the baseline actual emissions for all existing emissions units. 

However, a different consecutive 24-month period may be used for each 

different PAL pollutant. Emissions associated with units that were permanently 

shutdown after this 24-month period must be subtracted from the PAL level. 

Emissions from units on which actual construction began after the beginning 

of the 24-month period must be added to the PAL level in an amount equal to 

the potential to emit of the unit if the unit began operation less than 24 

months prior to the submittal of the PAL application. Baseline actual 

emissions from units on which actual construction began after the beginning of 

the 24-month period and commenced operation 24 months or more prior to the 

submittal of the PAL application must be added to the PAL based upon any 24 

month period since the unit commenced operation. The Director shall specify a 

reduced PAL level(s) (in tons/yr) in the PAL permit to become effective on the 

future compliance date(s) of any applicable Federal or State regulatory 

requirement(s) that the Director is aware of prior to issuance of the PAL permit. 

For instance, if the source owner or operator will be required to reduce 

emissions from industrial boilers in half from baseline emissions of 60 ppm 

NOx to a new rule limit of 30 ppm, then the permit shall contain a future 

effective PAL level that is equal to the current PAL level reduced by half of the 

original baseline emissions of such unit(s). 

(g) Contents of the PAL permit. The PAL permit must contain, at a 

minimum, the information in subparagraphs (23)(g) 1. through 10. of this rule. 

1. The PAL pollutant and the applicable source-wide emission limitation 

in tons per year. 

2. The PAL permit effective date and the expiration date of the PAL (PAL 

effective period). 

3. Specification in the PAL permit that if a major stationary source 

owner or operator applies to renew a PAL in accordance with subparagraph 

(23)Cj) of this rule before the end of the PAL effective period, then the PAL shall 

not expire at the end of the PAL effective period. It shall remain in effect until a 

revised PAL permit is issued by the Director. 

4. A requirement that emission calculations for compliance purposes 

must include emissions from startups and shutdowns. 
7. A requirement that the major stationary source owner or operator 

monitor all emissions units in accordance with the provisions under 

subparagraph (23)(1) of this rule. 

8. A requirement to retain the records required under subparagraph 

(23)(m) of this rule on site. Such records may be retained in an electronic 

format. 

9. A requirement to submit the reports required under subparagraph 

(23)(n) of this rule by the required deadlines. 

10. Any other requirements that the Director deems necessary to 

implement and enforce the PAL. 

(h) effective period and reopening of PAL permit. The 

requirements in subparagraphs (23)(h)l. and 2. ofthis rule apply to actuals 

PALS. 

1. PAL effective period. The Director shall specify a PAL effective period 

of 10 years. 

2. Reopening of the PAL permit. 

(i) During the PAL effective period, the Director must reopen the PAL 

permit to: 

(I) Correct typographical/calculation errors made in setting the PAL or 

reflect a more accurate determination of emissions used to establish the PAL; 

(11) Reduce the PAL if the owner or operator of the major stationary 

source creates creditable emissions reductions for use as offsets under rule 

335-3- 14-.05 of this chapter; and 

(111) Revise the PAL to reflect an increase in the PAL as provided under 

subparagraph (23)(k) of this rule. 

(ii) The Director shall have discretion to reopen the PAL permit for the 

following: 

(I) Reduce the PAL to reflect newly applicable Federal requirements (for 

example, NSPS) with compliance dates after the PAL effective date; 
(iii) Except for the permit reopening in subparagraph (23)(h)2. (i)(I) of this 

rule for the correction of typographical/calculation errors that do not increase 

the PAL level, all other reopenings shall be carried out in accordance with the 

public participation requirements of subparagraph (23)(e) of this rule. 

(i) Expiration of a PAL. Any PAL that is not renewed in accordance with 

the procedures in subparagraph (23)lj) of this rule shall expire at the end of the 

PAL effective period, and the requirements in subparagraphs (23)(i) 1. through 

5. of this rule shall apply. 

1. Each emissions unit (or each group of emissions units) that existed 

under the PAL shall comply with an allowable emission limitation under a 

revised permit established according to the procedures in subparagraphs 

(23) (i) 1 . (i) and (ii) of this rule. 

(i) Within the time frame specified for PAL renewals in subparagraph 

(23)(j)2. of this rule, the major stationary source shall submit a proposed 

allowable emission limitation for each emissions unit (or each group of 

emissions units, if such a distribution is more appropriate as decided by the 

Director) by distributing the PAL allowable emissions for the major stationary 

source among each of the emissions units that existed under the PAL. If the 

PAL had not yet been adjusted for an applicable requirement that became 

effective during the PAL effective period, as required under subparagraph 

(23)lj)5. of this rule, such distribution shall be made as if the PAL had been 

adjusted. 

(ii) The Director shall decide whether and how the PAL allowable 

emissions will be distributed and issue a revised permit incorporating allowable 

limits for each emissions unit, or each group of emissions units, as the Director 

determines is appropriate. 

2. Each emissions unit(s) shall comply with the allowable emission 

limitation on a 12-month rolling basis. The Director may approve the use of 

monitoring systems (source testing, emission factors, etc.) other than CEMS, 

CERMS, PEMS, or CPMS to demonstrate compliance with the allowable 

emission limitation. 

3. Until the Director issues the revised permit incorporating allowable 

limits for each emissions unit, or each group of emissions units, as required 

under subparagraph (23)(i) l.(ii) of this rule, the source shall continue to 
5. The major stationary source owner or operator shall continue to 

comply with any State or Federal applicable requirements (BACT, RACT, NSPS, 

synthetic minor limit, etc.) that may have applied either during the PAL 

effective period or prior to the PAL effective period. 

Cj) Renewal of a PAL. 

1. The Director shall follow the procedures specified in subparagraph 

(23)(e) of this rule in approving any request to renew a PAL for a major 

stationary source, and shall provide both the proposed PAL level and a written 

rationale for the proposed PAL level to the public for review and comment. 

During such public review, any person may propose a PAL level for the source 

for consideration by the Director. 

2. Application deadline. A major stationary source owner or operator 

shall submit a timely application to the Director to request renewal of a PAL. A 

timely application is one that is submitted at least 6 months prior to, but not 

earlier than 18 months from, the date of permit expiration. This deadline for 

application submittal is to ensure that the permit will not expire before the 

permit is renewed, If the owner or operator of a major stationary source 

submits a complete application to renew the PAL within this time period, then 

the PAL shall continue to be effective until the revised permit with the renewed 

PAL is issued. 

3. Application requirements. The application to renew a PAL permit 

shall contain the information required in subparagraphs (23)Cj)3. (i) through (iv) 

of this rule. 

(i) The information required in subparagraphs (23)(c)l. through 3. of 

this rule. 

(ii) A proposed PAL level. 

(iii) The sum of the potential to emit of all emissions units under the 

PAL (with supporting documentation). 

(iv) Any other information the owner or operator wishes the Director to 

consider in determining the appropriate level for renewing the PAL. 

4. adiustment. In determining whether and how to adjust the PAL, 

the Director shall consider the options outlined in subparagraphs (23)Cj)4.(i) 

and (ii) of this rule. However, in no case may any such adjustment fail to 

comply with subparagraph (23)Cj)4 .(iii) of this rule. 
in control technology, anticipated economic growth in the area, desire to 

reward or encourage the source's voluntary emissions reductions, or other 

factors as specifically identified by the Director in his or her written rationale. 

(iii) Notwithstanding subparagraphs (23) (j)4. (i) and (ii) of this rule: 

(I) If the potential to emit of the major stationary source is less than the 

PAL, the Director shall adjust the PAL to a level no greater than the potential to 

emit of the source; and 

(11) The Director shall not approve a renewed PAL level higher than the 

current PAL, unless the major stationary source has complied with the 

provisions of subparagraph (23)(k) of this rule (increasing a PAL). 

5. If the compliance date for a State or Federal requirement that applies 

to the PAL source occurs during the PAL effective period, and if the Director 

has not already adjusted for such requirement, the PAL shall be adjusted at the 

time of PAL permit renewal or title V permit renewal, whichever occurs first. 

(k) Increasing a PAL during the PAL effective period. 

1. The Director may increase a PAL emission limitation only if the major 

stationary source complies with the provisions in subparagraphs (23)(k)l.(i) 

through(iv) of this rule. 

(i) The owner or operator of the major stationary source shall submit a 

complete application to request an increase in the PAL limit for a PAL major 

modification. Such application shall identify the emissions unit(s) contributing 

to the increase in emissions so as to cause the major stationary source's 

emissions to equal or exceed its PAL. 

(ii) As part of this application, the major stationary source owner or 

operator shall demonstrate that the sum of the baseline actual emissions of the 

small emissions units, plus the sum of the baseline actual emissions of the 

significant and major emissions units assuming application of BACT equivalent 

controls, plus the sum of the allowable emissions of the new or modified 

emissions unit(s) exceeds the PAL. The level of control that would result from 

BACT equivalent controls on each significant or major emissions unit shall be 

determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a 

BACT or LAER requirement that was established within the preceding 10 years. 

In such a case, the assumed control level for that emissions unit shall be equal 
though they have also become subject to the PAL or continue to be subject to 

the PAL. 

(iv) The PAL permit shall require that the increased PAL level shall be 

effective on the day any emissions unit that is part of the PAL major 

modification becomes operational and begins to emit the PAL pollutant. 

2. The Director shall calculate the new PAL as the sum of the allowable 

emissions for each modified or new emissions unit, plus the sum of the 

baseline actual emissions of the significant and major emissions units 

(assuming application of BACT equivalent controls as determined in 

accordance with subparagraph (23) (k) 1. (ii)) , plus the sum of the baseline actual 

emissions of the small emissions units. 

3. The PAL permit shall be revised to reflect the increased PAL level 

pursuant to the public notice requirements of subparagraph (23)(e) of this rule. 

(1) Monitoring requirements for PALS. 

1. General requirements. 

(i) Each PAL permit must contain enforceable requirements for the 

monitoring system that accurately determines plantwide emissions of the PAL 

pollutant in terms of mass per unit of time. Any monitoring system authorized 

for use in the PAL permit must be based on sound science and meet generally 

acceptable scientific procedures for data quality and manipulation. 

Additionally, the information generated by such system must meet minimum 

legal requirements for admissibility in a judicial proceeding to enforce the PAL 

permit. 

(ii) The PAL monitoring system must employ one or more of the four 

general monitoring approaches meeting the minimum requirements set forth in 

subparagraphs (23)(1)2. (i) through (iv) of this rule and must be approved by the 

Director. 

(iii) Notwithstanding subparagraph (23) (1) 1. (ii) of this rule, an alternative 

monitoring approach that meets subparagraph (23)(1) l.(i) of this rule may be 

employed if approved by the Director. 

(iv) Failure to use a monitoring system that meets the requirements of 

this rule renders the PAL invalid. 
(iii) CPMS or PEMS; and 

(iv) Emission factors. 

3. Mass balance calculations. An owner or operator using mass balance 

calculations to monitor PAL pollutant emissions from activities using coating or 

solvents shall meet the following requirements: 

(i) Provide a demonstrated means of validating the published content of 

the PAL pollutant that is contained in or created by all materials used in or at 

the emissions unit; 

(ii) Assume that the emissions unit emits all of the PAL pollutant that is 

contained in or created by any raw material or fuel used in or at the emissions 

unit, if it cannot otherwise be accounted for in the process; and 

(iii) Where the vendor of a material or fuel, which is used in or at the 

emissions unit, publishes a range of pollutant content from such material, the 

owner or operator must use the highest value of the range to calculate the PAL 

pollutant emissions unless the Director determines there is site-specific data or 

a site-specific monitoring program to support another content within the range. 

4. CEMS. An owner or operator using CEMS to monitor PAL pollutant 

emissions shall meet the following requirements: 

(i) CEMS must comply with applicable Performance Specifications found 

in 40 CFR part 60, appendix B; and 

(ii) CEMS must sample, analyze and record data at least every 15 

minutes while the emissions unit is operating. 

5. CPMS PEMS. An owner or operator using CPMS or PEMS to 

monitor PAL pollutant emissions shall meet the following requirements: 

(i) The CPMS or the PEMS must be based on current site-specific data 

demonstrating a correlation between the monitored parameter(s) and the PAL 

pollutant emissions across the range of operation of the emissions unit; and 

(ii) Each CPMS or PEMS must sample, analyze, and record data at least 

every 15 minutes, or at another less frequent interval approved by the Director, 

while the emissions unit is operating. 
(iii) If technically practicable, the owner or operator of a significant 

emissions unit that relies on an emission factor to calculate PAL pollutant 

emissions shall conduct validation testing to determine a site-specific emission 

factor within 6 months of PAL permit issuance, unless the Director determines 

that testing is not required. 

7. A source owner or operator must record and report maximum 

potential emissions without considering enforceable emission limitations or 

operational restrictions for an emissions unit during any period of time that 

there is no monitoring data, unless another method for determining emissions 

during such periods is specified in the PAL permit. 

8. Notwithstanding the requirements in subparagraphs (23)(1)3. through 

7. of this rule, where an owner or operator of an emissions unit cannot 

demonstrate a correlation between the monitored pararneter(s) and the PAL 

pollutant emissions rate at all operating points of the emissions unit, the 

Director shall, at the time of permit issuance: 

(i) Establish default value(s) for determining compliance with the PAL 

based on the highest potential emissions reasonably estimated at such 

operating point(s); or 

(ii) Determine that operation of the emissions unit during operating 

conditions when there is no correlation between monitored pararneter(s) and 

the PAL pollutant emissions is a violation of the PAL. 

9. Re-validation. All data used to establish the PAL pollutant must be 

re-validated through performance testing or other scientifically valid means 

approved by the Director. Such testing must occur at least once every 5 years 

after issuance of the PAL. 

(m) Recordkeeping requirements. 

1. The PAL permit shall require an owner or operator to retain a copy of 

all records necessary to determine compliance with any requirement of 

paragraph (23) of this rule and of the PAL, including a determination of each 

emissions unit's 12-month rolling total emissions, for 5 years from the date of 

such record. 

2. The PAL permit shall require an owner or operator to retain a copy of 

the following records for the duration of the PAL effective period plus 5 years: 
Director in accordance with the applicable title V operating permit. The reports 

shall meet the requirements in subparagraphs (23)(n) 1. through 3. of this rule. 

1. Semi-annual report. This report shall contain the information 

required in subparagraphs (23) (n) 1. (i) through (vii) of this rule. 

(i) The identification of owner and operator and the permit number. (ii) Total annual emissions (tonslyear) based on a 12-month rolling total 

for each month in the reporting period recorded pursuant to subparagraph 

(23)(m) 1. of this rule. 

(iii) All data relied upon, including, but not limited to, any Quality 

Assurance or Quality Control data, in calculating the monthly and annual PAL 

pollutant emissions. 

(iv) A list of any emissions units modified or added to the major 

stationary source during the preceding 6-month period. 

(v) The number, duration, and cause of any deviations or monitoring 

malfunctions (other than the time associated with zero and span calibration 

checks), and any corrective action taken. 

(vi) A notification of a shutdown of any monitoring system, whether the 

shutdown was permanent or temporary, the reason for the shutdown, the 

anticipated date that the monitoring system will be fully operational or replaced 

with another monitoring system, and whether the emissions unit monitored by 

the monitoring system continued to operate, and the calculation of the 

emissions of the pollutant or the number determined by method included in 

the permit, as provided by (23)(1)7 of this rule. 

(vii) A signed statement by a responsible official (as defined in chapter 

16 of these Regulations) certifying the truth, accuracy, and completeness of the 

information provided in the report. 

2. Deviation report. The major stationary source owner or operator shall 

promptly submit reports of any deviations or exceedance of the PAL 

requirements, including periods where no monitoring is available. A report 

submitted pursuant to 335-3- 16-.05(c)3.(ii) shall satisfy this reporting 

requirement. The reports shall contain the following information: 

(i) The identification of owner and operator and the permit number; 
3. Re-validation results. The owner or operator shall submit to the 

Director the results of any re-validation test or method within 3 months after 

completion of such test or method. 

(0) Transition requirements. 

1. The Director may not issue a PAL that does not comply with the 

requirements in subparagraphs (23)(a) through(o) of this rule after the effective 

date of this rule. 

2. The Director may supersede any PAL that was established prior to 

the effective date of this rule with a PAL that complies with the requirements of 

subparagraphs (23)(a) through (0) of this rule. 

(24) If any provision of this rule, or the application of such provision to 

any person or circumstance, is held invalid, the remainder of this rule, or the 

application of such provision to persons or circumstances other than those as 

to which it is held invalid, shall not be affected thereby. 

Author: Marilyn G. Elliott; Ronald W. Gore. 

Statutory Authority: Code of Alabama 1975, 3322-28-14, 22-22A-5, 

22-22A-6, and 22-22A-8. 

History: Effective Date: December 10, 198 1. 

Amended: February 13, 1985; November 13, 1985; November 1, 1990, 

December 28, 1993; April 27, 1995; November 21, 1996; January 15, 1998; 

May 20, 1999; September 7, 2000; March 14, 2002; July 11, 2006;; XXXXXX, 

2011.