Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-14 - AIR PERMITS › Section 335-3-14-.01 - General Provisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Air
				Permit.
(a) Any person building, erecting,
				altering, or replacing any article, machine, equipment, or other contrivance,
				the use of which may cause the issuance of or an increase in the issuance of
				air contaminants or the use of which may eliminate or reduce or control the
				issuance of air contaminants, shall submit an application for an Air Permit at
				least 10 days prior to construction.
(b) Before any article, machine, equipment,
				or other contrivance described in subparagraph (a) of this paragraph may be
				operated or used, authorization shall be obtained from the Director in the form
				of an Air Permit. No Permit shall be granted for any article, machine,
				equipment or contrivance described in subparagraph (a) of this paragraph,
				constructed or installed without notification as required by subparagraph (a)
				of this paragraph, until the information required is presented to the Director
				and such article, machine, equipment or contrivance is altered, if necessary,
				and made to conform to the standards established by the Department.
(c) Any article, machine, equipment, or other
				contrivance described in subparagraph (a) of this paragraph which is presently
				operating (or which is not presently operating but which is capable of being
				operated) without an Air Permit may continue to operate (or may restart) only
				if its owner or operator obtains an Air Permit prior to a date to be set by the
				Director (or prior to restarting).
(d) Display of Air Permit. A person who has
				been granted an Air Permit for any article, machine, equipment, or other
				contrivance shall keep such permit under file or on display at all times at the
				site where the article, machine, equipment, or other contrivance is located and
				will make such a permit readily available for inspection by any and all persons
				who may request to see it.
(e) The
				Director shall have the authority to decide cases where an article, machine,
				equipment, or other contrivance is not clearly subject to nor exempt from the
				application of this Rule. In addition, the Director may rule that a particular
				article, machine, equipment, or other contrivance is subject to the application
				of this Rule even though it is exempt from the system according to subparagraph
				(a) of this paragraph and paragraph (5) of this Rule. The operator or builder
				of such an article, machine, equipment, or other contrivance may appeal the
				Director's classification to the Commission, which shall overrule the Director
				only if it is shown that he acted arbitrarily and contrary to the purposes of
				the Act.
(f) Upon completion of
				construction by a new facility, the Director shall, within a reasonable period
				of time, dispatch an inspector to the facility in question. If the inspector
				determines that the facility has been constructed according to the
				specifications as set forth under the Air Permit or that any changes to the
				facility would reduce or affect to an insubstantial degree that quantity of air
				contaminants emitted by the facility, and if a reviewing officer of the
				Division agrees with this conclusion, then the Director shall authorize initial
				operation of the facility until an official inspection of the facility under
				actual operating conditions can be made and the results reviewed or until the
				Air Permit is suspended or revoked by the Director. The Director may authorize
				initial operation of the facility without an inspection if upon completion of
				the construction, an owner or operator familiar with the application for an Air
				Permit submits a letter to the Director, testifying that the construction under
				application has been completed and is in accordance with the specification as
				set down in the Air Permit. The Director is empowered to reject that testimony
				if the Director decides that the owner or operator's qualifications are
				insufficient to allow him to accurately and completely assess the equipment in
				question. An owner or operator may appeal any such judgment to the
				Commission.
(g) The Director may
				issue an Air Permit subject to conditions which will bring the operation of any
				article, machine, equipment, or other contrivance within the standards of Rule
				335-3-14-.03(1)
				in which case the conditions shall be specified in writing. Commencing
				construction or operation under such an Air Permit shall be deemed acceptance
				of all the conditions specified. The Director shall issue an Air Permit with
				revised conditions upon receipt of a new application, if the applicant
				demonstrates that the article, machine, equipment, or other contrivance can
				operate within the standards of Rule
				335-3-14-.03(1)
				under the revised conditions.
(h)
				Reserved.
(i) Reserved.
(j) Reserved.
(k) An existing facility which holds a
				Synthetic Minor Operating Permit issued under Chapter 335-3-15 or an Operating
				Permit issued under Chapter 335-3-16 is exempt from the requirements of this
				chapter provided that:
1. the Synthetic Minor
				Operating Permit is modified as required by Chapter 335-3-15 prior to the
				initial operation of any new or modified sources, or
2. the Operating Permit is modified as
				required by Chapter 335-3-16 and any modifications are not subject to the
				requirements of Rule
				335-3-14-.04, or
3. for a modification which is subject to the
				requirements of Rule
				335-3-14-.04, the Operating
				Permit is issued prior to commencement of construction of the modification, and
				the Operating Permit fulfills all requirements of Rule
				335-3-14-.04, or
4. the Operating Permit is modified as
				required by Chapter 335-3-16 and any modifications are not subject to the
				requirements of Rule
				335-3-14-.05, or
5. for a modification which is subject to the
				requirements of Rule
				335-3-14-.05, the Operating
				Permit is issued prior to commencement of construction of the modification, and
				the Operating Permit fulfills all requirements of Rule
				335-3-14-.05.