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-.04 - Permit Application Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon becoming subject to this
				Administrative Code, a source must submit an application, as described in this
				Rule within 12 months. The Director may require some sources to submit their
				applications earlier than 12 months after the Rules in this Chapter become
				applicable if it is determined that an earlier submittal is necessary to
				satisfy the requirements in Rule
				335-3-16-.12(1).
				The Department shall notify any emission source that must submit early
				applications at least one year in advance of the date the submittal is
				due.
(2) Sources subject to Rule
				335-3-14-.06 or subject to
				preconstruction review under Title I of the Act must apply for a permit under
				this Chapter within 12 months after commencing operation, except, when an
				existing permit issued under this Chapter prohibits construction or a change in
				operation, a permit revision must be obtained before commencing
				operation.
(3)
Renewal
. An application for renewal shall be submitted
				at least six (6) months before the date of permit expiration, unless a longer
				period (not to exceed 18 months) is specified in the permit.
(4) Applications for initial phase II acid
				rain permits shall be submitted by January 1, 1996 for sulfur dioxide (SO2) and
				by January 1, 1998 for nitrogen oxides (NOx).
(5)
Complete
				application
. Unless the Department notifies the permit applicant
				in writing that the application is not complete, the application is considered
				complete 60 days after receipt by the Department. If, while processing the
				application, the Department determines that more information is needed to
				evaluate the application, the applicant must submit such information within 30
				days or for such other reasonable time as set by a written request(s) by the
				Department.
(6) A source may
				operate without a permit under this Chapter between the date the application
				has been deemed complete and the date the final permit is issued, provided that
				the applicant submits any requested additional material by the deadline(s)
				specified by the Department.
(7)
Duty to supplement or correct an application
. A source
				must submit additional information to the Department to supplement or correct
				an application promptly after becoming aware of the need for additional or
				corrected information. Also, a source must supply to the Department additional
				information concerning any new requirements which have become applicable after
				a complete application has been filed but before a draft permit is
				released.
(8)
Standard
				application form and required information
. The following
				information shall be included in an application by a source for a permit under
				this Chapter:
(a) Identifying information,
				including company name and address (or plant name and address if different from
				the company name), owner's name and agent, and telephone number and names of
				plant site manager/contact;
(b) A
				description of the source's processes and products (by four-digit Standard
				Industrial Classification Code), including any processes and products
				associated with each alternate scenario that is identified by the source and a
				list of insignificant sources and the basis for the determination(s);
(c) The following emissions-related
				information:
1. A list of all emissions of
				pollutants for which the source is considered to be major and a list of all
				emissions of regulated air pollutants. The permit application shall describe
				all emissions of regulated air pollutants emitted from any emissions unit,
				except where such units are exempted under this Rule. The source shall submit
				additional information related to the emissions of air pollutants sufficient to
				verify which requirements are applicable to the source, and other information
				necessary to determine the amount of any permit fees owed under the fee
				schedule approved pursuant to Rule
				335-1-7-.04 of the ADEM
				Administrative Code;
2.
				Identification and description of all points of emissions described in
				subparagraph (c)l. of this paragraph in sufficient detail to establish the
				basis for fees and the applicability of the requirements of this
				chapter;
3. Emissions rates of all
				pollutants in tons per year (tpy) and in such terms as are necessary to
				establish compliance consistent with the applicable standard reference test
				method, or alternative method approved by the Department's Director;
4. The following information to the extent it
				is needed to determine or regulate emissions: fuels to be used, rate of fuel
				use, raw materials that will be used in the production process, production
				rates, and operating schedules;
5.
				Identification and description of all air pollution control equipment and
				compliance monitoring devices or activities that will be used by the
				source;
6. Limitations that will be
				placed on the source's operation so as to affect emissions or any work practice
				standards that will be implemented, where applicable, for all regulated
				pollutants.
7. Other information
				that may be required to address other applicable requirements (including, but
				not limited to, information relating to stack height limitations developed
				pursuant to Section 123 of the Act).
8. Calculations on which the information in
				subparagraphs 1. through 7. above are based.
9.
Trivial and insignificant
				activities
.
(i) Insignificant
				activities shall not necessarily be listed in permits, issued pursuant to the
				provisions of this Chapter, provided they are listed in the permit application,
				and they are not expected to violate any generally applicable requirements
				listed in the permit.
(ii) Trivial
				activities shall not be subject to the provisions of this Chapter.
(d) The following air
				pollution control requirements:
1. Citations
				and descriptions of all applicable statutory and administrative code
				requirements, and
2. A description
				of or reference to any applicable test methods for determining compliance with
				each applicable statutory or administrative code requirement.
(e) Other information that may be
				required by the Department to enforce and implement other requirements of this
				Chapter;
(f) An explanation of all
				proposed exemptions from otherwise applicable requirements;
(g) Additional information determined by the
				Department to be necessary to define alternative operating scenarios that are
				identified by the source pursuant to Rule
				335-3-16-.05(1),
				or to define permit terms or conditions implementing Rule
				335-3-16-.05(m)
				or Rule 335-3-16-.14.
(h) A compliance plan for the source that
				contains the following:
1. A description of
				the compliance status of the source with respect to all applicable requirements
				and a compliance schedule.
2. A
				statement that the source will continue to comply with all regulatory
				requirements that it is now in compliance with;
3. A statement that the source will, on a
				timely basis, meet such requirements that will become effective during the
				permit term unless a more detailed schedule is expressly required by the
				applicable requirement;
4. A
				narrative description of how the source will achieve compliance with
				requirements for which the source is not in compliance at the time of permit
				issuance with a compliance schedule for the source. Any schedule shall include
				a schedule of remedial measures, including an enforceable sequence of actions
				with milestones, leading to compliance with any applicable requirements for
				which the source will be in noncompliance at the time of permit issuance. The
				compliance schedule shall be at least as stringent as any compliance schedule
				that is contained in any judicial consent decree or administrative order to
				which the source is subject. Any schedule of compliance shall be supplemental
				to, and shall not sanction non-compliance with, the applicable requirements on
				which it is based.
5. A schedule
				for submission of certified progress reports no less frequently than every 6
				months for sources required to have a schedule of compliance to remedy a
				violation.
6. The compliance plan
				content requirements specified in this paragraph shall apply and be included in
				the acid rain portion of a compliance plan for an affected source, except as
				specifically superseded by regulations promulgated under Title IV of the Act
				with regard to the schedule and method(s) the source will use to achieve
				compliance with the acid rain emissions limitations.
(i) A compliance certification, including the
				following:
1. A certification of compliance
				with all applicable requirements by a responsible official consistent with
				paragraph (9) of this Rule and Section 114(a)(3) of the Act, as it relates to
				the enhanced monitoring requirements;
2. A statement of methods used for
				determining compliance, including a description of monitoring, record keeping,
				and reporting requirements and test methods;
3. A schedule for submission of compliance
				certifications during the permit term, which shall be submitted annually, or
				more frequently if required by the underlying applicable requirement or by the
				Department; and
4. A statement
				indicating the source's compliance status with any applicable enhanced
				monitoring and compliance certification requirements of the Act.
(j) The use of
				nationally-standardized forms for acid rain portions of permit applications and
				compliance plans as required by regulations promulgated under Title IV of the
				Act.