California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.5 - Airborne Toxic Control Measures › Section 93102.14 - Procedure for Establishing Alternative Method(s) of Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As
				  provided in Health and Safety Code section
				  39666(f), the
				  Owner or Operator may submit to the District alternative method(s) that will
				  achieve an equal or greater amount of reductions in Hexavalent Chromium
				  emissions and equal or greater reductions in risk than would be achieved by
				  direct compliance with the requirements of section
				  93102.4(c)(1)
				  related to Chemical Fume Suppressants and section
				  93102.4(f)(2).
(b) To request approval of alternative
				  method(s) of compliance, the Owner or Operator shall submit a request to the
				  District as required by Appendix 1. The request must include the information
				  listed in Appendix 8.
(c) The
				  District shall notify the Owner or Operator in writing whether the request for
				  the alternative method(s) of compliance is approved, disapproved, or
				  incomplete. The District shall notify the Owner or Operator in writing if an
				  approved alternative method is revoked.
(1)
				  If the District determines that the request is incomplete, the District shall
				  issue a notice of deficiency in writing to the Owner or Operator. The Owner or
				  Operator shall submit a revised compliance plan that addresses the identified
				  deficiencies as required by Appendix 1.
(2) The District shall approve the proposed
				  alternative method(s) if the Owner or Operator submits a request as required by
				  in Appendix 1 that includes the information listed in Appendix 8 and
				  demonstrates the requirements in subsections (A)-(D) are satisfied. The
				  approval shall specify the requirement(s) that are approved to be replaced with
				  the alternative compliance method(s).
(A) The
				  method(s) will achieve equal or greater amounts of reductions in emissions of
				  Hexavalent Chromium than the requirement(s) they propose to replace;
(B) The method(s) will achieve equal or
				  greater reductions in risks associated with emissions of Hexavalent Chromium
				  than the requirement(s) they propose to replace;
(C) The reductions will be achieved within
				  the time period required by the requirement(s) they propose to replace;
				  and
(D) The emission reductions
				  that will be achieved by the alternative method(s) are Enforceable.
(3) The District shall deny the
				  request for the alternative method(s) of compliance if the request was not
				  submitted as required in Appendix 1, does not contain all information and
				  documentation required by Appendix 8, or does not demonstrate that all of the
				  criteria in subsections (c)(2)(A) through (D) are met.
(4) The District shall revoke approval of the
				  alternative method(s) if the Facility fails to adequately implement the
				  approved alternative method(s) or if subsequent Source Tests or monitoring
				  demonstrate that the alternative method(s) do not reduce emissions and risk as
				  required.