Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-16 - MAJOR SOURCE OPERATING PERMITS › Section 335-3-16-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) For the
				purposes of this Chapter only, the following words and phrases, unless a
				different meaning is plainly required by the content, shall have the following
				meanings.
(a) "
Act
"
				means the Clean Air Act, as amended,
				42 U.S.C.
				7401, et seq.
(b) "
Affected
				source
" means a source that includes one or more affected units
				subject to emission reduction requirements or limitations in Title IV of the
				Act.
(c) "
Affected
				States
" are all States:
1. Whose
				air quality may be affected and that are contiguous to the State in which
				permit modification or permit renewal is being proposed; or
2. That are within 50 miles of the permitted
				source.
(d)
				"
Affected Unit
" means any unit subject to emission
				reduction requirements or limitations under Title IV of the Act.
(e) "
Applicable
				Requirement
" means all of the following as they apply to emissions
				units (including requirements that have been promulgated or approved by EPA
				through rule making at the time of issuance but have future effective
				compliance dates):
1. Any standard or other
				requirement provided for in Alabama's State Implementation Plan approved or
				promulgated by EPA through rule making in Part 51 of Title 40 in the Code of
				Federal Regulations that implements the relevant requirements of the Act,
				including any revisions to that plan promulgated in Subpart B of Part 52 of
				Title 40 in the Code of Federal Regulation.
2. Any term or condition of any
				preconstruction permits issued pursuant to regulations approved or promulgated
				through rule making under Title I, including parts C or D, of the Act; (Air
				Pollution Prevention and Control, Prevention of Significant Deterioration and
				Plan Requirement for nonattainment areas);
3. Any standard or other requirement in
				Chapter 335-3-10 (NSPS); including Section 111(d);
4. Any standard or other requirement in
				Chapter 335-3-11 (NESHAPS), including any requirement concerning accident
				prevention under Section 112(r)(7) of the Act;
5. Any standard or other requirement of the
				acid rain program under Title IV (Acid Deposition Control) of the Act or the
				regulations promulgated thereunder;
6. Any requirements established pursuant to
				Section 504(b) or Section 114(a)(3) of the Act;
7. Any standard or other requirement
				governing solid waste incineration, under Section 129 of the Act;
8. Any standard or other requirement for
				consumer and commercial products, under Section 183(e) of the Act;
9. Any standard or other requirement for tank
				vessels under Section 183(f) of the Act;
10. Any standard or other requirement of the
				regulations promulgated to protect stratospheric ozone (Title VI of the Act,
				Stratospheric Ozone Protection) unless the Administrator has determined that
				such requirements need not be contained in a Title V permit; and
11. Any national ambient air quality standard
				as defined in Rule
				335-3-1-.03 or increment as
				defined in Rule
				335-3-14-.04(3)
				or visibility requirement in Rule
				335-3-14-.04(15),
				but only as it would apply to temporary sources permitted pursuant to Rule
				335-3-16-.09.
(f) "
The
				Department
" means the Alabama Department of Environmental
				Management.
(g)
				"
Designated Representative
" means a responsible person
				or official authorized by the owner or operator of an Affected Unit to
				represent the owner or operator in matters pertaining to the holding, transfer,
				or disposition of allowances allocated to an Affected Unit, and the submission
				of and compliance with permits, permit applications, and compliance plans for
				the Affected Unit.
(h)
				"
Draft Permit
" means the version of a permit for which
				the Department offers public participation under Rule
				335-3-16-.15(4)
				or affected State review under Rule
				335-3-16-.15(2)
				of this Chapter.
(i)
				"
Emissions Allowable Under the Permit
" means a
				federally enforceable permit term or condition determined at issuance of the
				permit to be required by an applicable requirement that establishes an
				emissions limit (including a work practice standard) or a federally enforceable
				emissions cap that the source has assumed to avoid an applicable requirement to
				which the source would otherwise be subject.
(j) "
Emissions Unit
"
				means any part or activity of a stationary source that emits or has the
				potential to emit any regulated air pollutant or any pollutant listed under
				Section 112(b) of the Act. This term is not meant to alter or affect the
				definition of the term "unit" for purposes of Title IV (Acid Deposition
				Control) of the Act.
(k)
				"
The EPA
" or "
the
				Administrator
" means the Administrator of the EPA or his/her
				designee.
(1) "
Final
				Permit
" means the version of a permit issued by the Department
				that has completed all review procedures required by Rules
				335-3-16-.12 and
				335-3-16-.15 of this
				Chapter.
(m)
				"
Fugitive Emissions
" means those emissions which could
				not reasonably pass through a stack, chimney, vent, or other functionally
				equivalent opening.
(n)
				"
General Permit
" means a permit that meets the
				requirements of Rule
				335-3-16-.08.
(o) "
Insignificant
				Activity
" generally means any air emissions or air emissions unit
				at a plant that has the potential to emit less than 5 tons per year of any
				criteria pollutant or less than 1,000 pounds per year of any pollutant listed
				in Appendix G of ADEM Admin. Code R. 335-3. Subject to EPA review and approval
				the Director may determine that certain types or classes of units may be
				considered insignificant at higher emission levels, or that, due to the nature
				of the pollutant(s) emitted, a unit may be considered significant at a lower
				emission rate. The Director shall maintain lists of air emissions or air
				emission units which are considered to be insignificant without a determination
				of emission levels by the permittee. Changes to this list are subject to EPA
				review and approval. Activities subject to applicable requirements as defined
				in paragraph (e) of this Rule shall not be classified as
				insignificant.
(p)
				"
Interim Approval
" means a conditional approval of
				ADEM Admin. Code 335-3-16 by the Administrator that may extend the
				implementation deadline of this Administrative Code.
(q) "
Major Source
"
				means any stationary source [or any group of stationary sources that are
				located on one or more contiguous or adjacent properties, and are under common
				control of the same person (or persons under common control)] belonging to a
				single major industrial grouping and that are described in paragraph (1) or (2)
				of this definition. For the purposes of defining "major source," a stationary
				source or group of stationary sources shall be considered part of a single
				industrial grouping if all of the pollutant emitting activities at such source
				or group of sources on contiguous or adjacent properties belong to the same
				Major Group (i.e., all have the same two digit code) as described in the
				Standard Industrial Classification Manual, 1987.
1. A major source under Section 112 of the
				Act, which is defined as:
(i) For pollutants
				other than radionuclides, any stationary source or group of stationary sources
				located within a contiguous area and under common control that emits or has the
				potential to emit, in the aggregate, 10 tons per year (tpy) or more of any
				hazardous air pollutant which has been listed in Appendix G of this
				Administrative Code, 25 tpy or more of any combination of such hazardous air
				pollutants, or such lesser quantity as the Administrator may establish by rule.
				Notwithstanding the preceding sentence, emissions from any oil or gas
				exploration or production well (with its associated equipment) and emissions
				from any pipeline compressor or pump station shall not be aggregated with
				emissions from other similar units, whether or not such units are in a
				contiguous area or under common control, to determine whether such units or
				stations are major sources; or
(ii) For radionuclides, "major source" shall
				have the meaning specified by the Administrator by rule.
2. A major stationary source of air
				pollutants, as defined in Section 302 of the Act, that directly emits or has
				the potential to emit, 100 tpy or more of any regulated air pollutant
				(including any major source of fugitive emissions of any such pollutant, as
				determined by rule by the Administrator). The fugitive emissions of a
				stationary source shall not be considered in determining whether it is a major
				stationary source for the purposes of this Chapter, unless the source belongs
				to one of the following categories of stationary source:
(i) Coal cleaning plants (with thermal
				dryers);
(ii) Kraft pulp
				mills;
(iii) Portland cement
				plants;
(iv) Primary zinc
				smelters;
(v) Iron and steel
				mills;
(vi) Primary aluminum ore
				reduction plants;
(vii) Primary
				copper smelters;
(viii) Municipal
				incinerators capable of charging more than 250 tons of refuse per
				day;
(ix) Hydrofluoric, sulfuric,
				or nitric acid plants;
(x)
				Petroleum refineries;
(xi) Lime
				plants;
(xii) Phosphate rock
				processing plants;
(xiii) Coke oven
				batteries;
(xiv) Sulfur recovery
				plants;
(xv) Carbon black plants
				(furnace process);
(xvi) Primary
				lead smelters;
(xvii) Fuel
				conversion plants;
(xviii)
				Sintering plants;
(xix) Secondary
				metal production plants;
(xx)
				Chemical process plants;
(xxi)
				Fossil-fuel boilers (or combination thereof) totaling more than 250 million
				British thermal units per hour heat input;
(xxii) Petroleum storage and transfer units
				with a total storage capacity exceeding 300,000 barrels;
(xxiii) Taconite ore processing
				plants;
(xxiv) Glass fiber
				processing plants;
(xxv) Charcoal
				production plants;
(xxvi)
				Fossil-fuel fired steam electric plants of more than 250 million British
				thermal units per hour heat input; or
(xxvii) All other stationary source
				categories regulated by a standard promulgated under Chapters 10 and 11 of this
				Administrative Code.
3.
				No source shall be considered a major source for the purposes of this Chapter
				due soley to the emissions of greenhouse gas emissions.
(r) "
Operating
				Permit
" or "
Permit
" (unless the context
				suggests otherwise) means any permit or group of permits that is issued,
				renewed, amended, or revised pursuant to this Chapter.
(s) "
Permit
				Modification
" means a revision to a permit that meets the
				requirements of Rules
				335-3-16-.13(3) and
				(4).
(t) "
Permit
				Revision
" means any permit modification or administrative permit
				amendment.
(u)
				"
Potential to Emit
" means the maximum capacity of a
				stationary source to emit any air pollutant under its physical and operational
				design. Any physical or operational limitation on the capacity of a source's
				potential to emit an air pollutant, including air pollution control equipment
				and restrictions on hours of operation or on the type or amount of material
				combusted, stored, or processed, shall be treated as part of its design if the
				limitation is enforceable by the Administrator. This term does not alter or
				affect the use of this term for any other purposes under the Act, or the term
				"capacity factor" as used in Title IV (Acid Deposition Control) of the Act or
				the regulations promulgated thereunder.
(v) "
Proposed
				Permit
" means the version of a permit that the Department proposes
				to issue and forwards to the Administrator for review in compliance with Rule
				335-3-16-.15(2).
(w) "
Regulated Air
				Pollutant
" means the following:
1. Nitrogen oxides or any volatile organic
				compounds;
2. Any pollutant for
				which a national ambient air quality standard has been promulgated;
3. Any pollutant that is subject to any
				standard promulgated under Section 111 of the Act;
4. Any Class I or II substance subject to a
				standard promulgated under or established by Title VI (Stratospheric Ozone
				Protection) of the Act; or
5. Any
				pollutant subject to a standard promulgated under Section 112 or other
				requirements established under Section 112 of the Act, including Sections
				112(g), (j), and (r) of the Act, including the following:
(i) Any pollutant subject to requirements
				under Section 112(j) of the Act. If the Administrator fails to promulgate a
				standard by the date established pursuant to Section 112(e) of the Act, any
				pollutant for which a subject source would be major shall be considered to be
				regulated on the date 18 months after the applicable date established pursuant
				to Section 112(e) of the Act; and
(ii) Any pollutant for which the requirements
				of section 112(g)(2) of the Act have been met, but only with respect to the
				individual source subject to Section 112(g)(2) requirement.
6. As of July 1, 2011 and after,
				greenhouse gases as defined in
				335-3-16-.01(cc).
(x)
				"
Renewal
" means the process by which a permit is
				reissued at the end of its term.
(y) "
Responsible
				Official
" means one of the following:
1. For a corporation: a president, secretary,
				treasurer, or vice-president of the corporation in charge of a principal
				business function, or any other person who performs similar policy or
				decision-making functions for the corporation, or a duly authorized
				representative of such person if the representative is responsible for the
				overall operation of one or more manufacturing, production, or operating
				facilities applying for or subject to a permit and either:
(i) The facilities employ more than 250
				persons or have gross annual sales or expenditures exceeding $25 million (in
				second quarter 1980 dollars); or
(ii) The delegation of authority to such
				representatives is approved in advance by the Department;
2. For a partnership or sole proprietorship:
				a general partner or the proprietor, respectively;
3. For a municipality, State, Federal, or
				other public agency: Either a principal executive officer or ranking elected
				official. For the purposes of this Chapter, a principal executive officer of a
				Federal agency includes the chief executive officer having responsibility for
				the overall operations of a principal geographic unit of the agency (e.g., a
				Regional Administrator of EPA); or
4. For affected sources:
(i) The designated representative in so far
				as actions, standards, requirements, or prohibitions under Title IV (Acid
				Deposition Control) of the Act or the regulations promulgated thereunder are
				concerned; and
(ii) The designated
				representative for any other purposes under this Chapter.
(z) "
Section
				502(b)(10) Changes
" are changes that contravene an express permit
				term. Such changes do not include changes that would violate applicable
				requirements or contravene federally enforceable permit terms and conditions
				that are monitoring (including test methods), record keeping, reporting, or
				compliance certification requirements.
(aa) "
Stationary
				Source
" means any building, structure, facility, or installation
				that emits or may emit any regulated air pollutant or any pollutant listed
				under Appendix G of this Administrative Code.
(bb) "
Trivial
				Activity
" means any air emissions from a unit that is considered
				inconsequential, as determined by the Director. The Director shall maintain a
				list of air emission units that have been determined to be trivial
				activities.
(cc) Greenhouse gases
				(GHGs) means the aggregate of: carbon dioxide, nitrous oxide, methane,
				hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
(dd) CO2 equivalent emissions (CO2e) shall
				represent the amount of GHGs emitted as computed by the following:
1. Multiplying the mass amount of emissions
				(TPY) for each of the six greenhouse gases in the pollutant GHGs by the gas's
				associated global warming potential as listed in Appendix I.
2. Sum the resultant value determined in
				subparagraph (dd)1. for each gas to calculate the TPY of CO2e.