reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-2 - PETITIONS FOR RULEMAKING › Section 335-2-2-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For purposes of this Chapter, the following words and
				  phrases, unless a different meaning is plainly required by the context, shall
				  have the following meanings:
(a)
				"Commission" means the Environmental Management Commission of the Alabama
				Department of Environmental Management.
(b) "Department" means the Alabama Department
				of Environmental Management, established by the Alabama Environmental
				Management Act,
Code of Ala. 1975
, §
									22-22A-1 to
				22-22A-15.
(c) "person" means any and all persons,
				natural or artificial, including, but not limited to, any individual,
				partnership, association, society, joint stock company, firm, company,
				corporation, institution, trust, estate, or other legal entity or other
				business organization or any governmental entity, and any successor,
				representative, agent, or agency of the foregoing.
Author:
David A. Ludder
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-8,
					 41-22-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-2 - PETITIONS FOR RULEMAKING › Section 335-2-2-.03 - Right To Petition

Current through Register Vol. 42, No. 9, June 28, 2024
Any person may petition the Commission to adopt, amend or
				  repeal a rule by making and filing a written petition in accordance with Rule
				  335-2-2-.04.
Author:
David A. Ludder
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-8,
					 41-22-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-2 - PETITIONS FOR RULEMAKING › Section 335-2-2-.04 - Petition Content And Submission

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A petition to adopt, amend or repeal a
				rule shall contain the following information:
(a) the name, address and telephone number of
				the person making the petition;
(b)
				a statement of the interest of the person making the petition;
(c) the specific language of the rule
				proposed to be adopted, the proposed amendment, or the rule proposed to be
				repealed;
(d) all evidence, data
				and information on which the petitioner relies in support of the petition;
				and
(e) a statement of the
				petitioner's position on the considerations described in subparagraphs (b)
				through (g) of Rule
				335-2-2-.05.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-2 - PETITIONS FOR RULEMAKING › Section 335-2-2-.05 - Consideration Of Petition

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission shall give fair consideration to any petition
				  for rulemaking made and filed in accordance with Rule
				  335-2-2-.04. The Commission may
				  consider:
(a) the views of the
				Director of the Department;
(b)
				whether the proposed rule adoption, amendment, or repeal is constitutional and
				within the statutory authority of the Department to adopt;
(c) whether the proposed rule adoption,
				amendment, or repeal would promote the legislative intent and purposes of the
				statutes which the Department administers;
(d) whether the petition is supported by such
				substantive, credible and relevant evidence, data and information as would
				reasonably support the proposed rule adoption, amendment, or repeal in the
				absence of contradictory evidence, data or information or other relevant
				factors, evidence, data or information which the Commission might legitimately
				consider;
(e) whether the
				petitioner has had a prior opportunity to present relevant evidence, data and
				information on the subject matter of the petition and the petitioner
				unjustifiably failed to present such evidence, data or information;
(f) whether alternative means of obtaining
				the same or similar relief are presently available to the petitioner or have in
				the recent past been made available to the petitioner;
(g) the manner in which the proposed rule
				adoption, amendment, or repeal would impact the overall regulatory scheme of
				the Department and whether the proposed rule adoption, amendment, or repeal
				would promote the basic underlying public policies of the statutes and rules
				which the Department administers; and
(h) the relevance and relation of the
				proposed rule to the most recent Unified Strategic Plan adopted pursuant to
				rule 335-1-1-.03; and
(i) any other relevant factors, evidence,
				data or information.
Authors:
David A. Ludder, John P.
					 Hagood
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-8,
					 41-22-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-2 - PETITIONS FOR RULEMAKING › Section 335-2-2-.06 - Disposition Of Petition

Current through Register Vol. 42, No. 9, June 28, 2024
Within sixty days after a petition is filed with the
				  commission in accordance with Rule
				  335-2-2-.04, the Commission shall
				  do one of the following, provided however, that upon written notice to the
				  petitioner, such sixty day period may be extended for not more than thirty days
				  if the Commission's next regularly scheduled meeting is not within said sixty
				  day period:
(a) initiate rulemaking
				proceedings in accordance with
Code of Ala. 1975
,
				§§
									22-22A-8 and
				41-22-5, as amended; or
(b) deny the petition in writing on the
				merits stating the reasons therefor.
Author:
David A. Ludder
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-8,
					 41-22-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-3 - RULES OF PROCEDURE FOR MEETINGS OF THE ALABAMA ENVIRONMENTAL MANAGEMENT COMMISSION › Section 335-2-3-.01 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
This Chapter prescribes the procedures for meetings of the
				  Environmental Management Commission.
Author:
Olivia H. Jenkins
Statutory Authority:
Code of Ala.
					 1975
, §
											22-22A-3.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-3 - RULES OF PROCEDURE FOR MEETINGS OF THE ALABAMA ENVIRONMENTAL MANAGEMENT COMMISSION › Section 335-2-3-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For purposes of this Chapter, the following words shall have
				  the following meanings:
(1)
				"Commission" means the Alabama Environmental Management Commission of the
				Alabama Department of Environmental Management.
(2) "Department" means the Alabama Department
				of Environmental Management.
(3)
				"Member" means a member of the Alabama Environmental Management Commission.
Author:
Olivia H. Jenkins
Statutory Authority:
Code of Ala.
					 1975
, §
											22-22A-3.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-3 - RULES OF PROCEDURE FOR MEETINGS OF THE ALABAMA ENVIRONMENTAL MANAGEMENT COMMISSION › Section 335-2-3-.03 - Officers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Commission
				shall select a Chair and a Vice-Chair who will serve a one-year term. An
				officer's term shall not exceed his or her regular term as a member of the
				Commission. In the event of permanent vacancies in the office of Chair or
				Vice-Chair, the Commission may select a member to preside at Commission
				meetings until an election is held.
(2) Elections may be held at any
				regularly-scheduled meeting when there exists a permanent vacancy in the office
				of Chair or Vice-Chair due to resignation or other reason. An officer shall
				hold office until such time as new elections are held and he or she is
				replaced.
(3) The duties of the
				Chair are:
(a) To call the meeting of the
				Commission to order.
(b) To preside
				at all meetings of the Commission.
(c) To announce business before the
				Commission in proper order.
(d) To
				state and put to a vote all questions that are properly brought before the
				Commission.
(e) To preserve order
				and decorum at meetings of the Commission.
(f) To decide all questions of Order at
				meetings of the Commission.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-3 - RULES OF PROCEDURE FOR MEETINGS OF THE ALABAMA ENVIRONMENTAL MANAGEMENT COMMISSION › Section 335-2-3-.04 - Meetings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Meetings of the
				Environmental Management Commission shall be scheduled at least once every two
				months. The date and time of the next regularly scheduled meeting shall be
				decided upon by the Commission at the end of each Commission meeting. Unless
				otherwise specified, meetings shall take place at the Department's Montgomery
				offices. Meetings may be held at other locations by a vote of a majority of the
				Commission.
(2) Special meetings
				may be called at the discretion of the Chair of the Commission or shall be
				called by the Chair of the Commission on written request of any four members of
				the Commission.
(3) Notice of the
				date and time of Commission meetings shall be mailed by the Commission's
				Executive Assistant at least two weeks in advance of said meetings to all
				persons who have requested to be so notified.
(4) In the case of an emergency meeting of
				the Commission, such notice as is reasonable under the circumstances shall be
				given to the public.
(5) Notice of
				the date and time of any regular or special meetings shall be provided to
				Commission members in writing or by telegram to each member's last known
				address as provided to the Department or by telephone or facsimile.
(6) Proceedings of the Commission, and any
				Committees of the Commission, shall be governed by Robert's Rules of Order,
				latest revised edition, except where otherwise provided in these rules or under
				state law.
Author:
Olivia H. Jenkins, Alabama Environmental
				  Management Commission
Statutory Authority:
Code of Ala.
					 1975
, §
											22-22A-6.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-3 - RULES OF PROCEDURE FOR MEETINGS OF THE ALABAMA ENVIRONMENTAL MANAGEMENT COMMISSION › Section 335-2-3-.06 - Minutes

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A transcript of
				each Commission meeting shall be prepared under the direction of the
				Commission's Executive Assistant and shall be circulated by the Commission's
				Executive Assistant to the Commission members at least two weeks prior to the
				next regularly scheduled Commission meeting. The transcript shall serve as the
				minutes of the Commission meeting.
(2) The Commission may dispense with the
				reading of the transcript of the minutes of the previous meeting and shall vote
				to accept the minutes. If the minutes require correction, a motion to correct
				the minutes shall be made, seconded, and voted upon.
Author:
Olivia H. Jenkins
Statutory Authority:
Code of Ala.
					 1975
, §
											22-22A-6.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-3 - RULES OF PROCEDURE FOR MEETINGS OF THE ALABAMA ENVIRONMENTAL MANAGEMENT COMMISSION › Section 335-2-3-.07 - Committees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Commission
				may establish committees to which certain questions may be referred for
				evaluation and recommendation to the Commission.
(a) Special committees may be established at
				any time to evaluate a particular question. A special committee will cease to
				exist once it has made its recommendation to the Commission.
(b) Standing committees may be established at
				any time for the purposes of considering all questions of a like nature which
				shall be defined in the motion seeking to establish the standing committee.
				Members of the standing committee shall serve until the expiration of the
				Chair's term.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-3 - RULES OF PROCEDURE FOR MEETINGS OF THE ALABAMA ENVIRONMENTAL MANAGEMENT COMMISSION › Section 335-2-3-.08 - Voting

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Olivia H. Jenkins
Statutory Authority:
Code of Ala.
					 1975
, §
											22-22A-6.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-1 - GENERAL PROVISIONS › Section 335-3-1-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of these rules and regulations is to protect and
				  enhance the public health and welfare through the development and
				  implementation of coordinated statewide programs for the prevention, abatement
				  and control of air pollution.
Author:
Tommy E. Bryan
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-28-14,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-1 - GENERAL PROVISIONS › Section 335-3-1-.03 - Ambient Air Quality Standards

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Primary and Secondary Standards. The
				National Primary Ambient Air Quality Standards and National Secondary Ambient
				Air Quality Standards and accompanying appendices of reference methods, set
				forth in 40 CFR 50, as the same may be amended or revised, are hereby
				incorporated and made a part of these regulations and shall apply throughout
				the State.
(2) Policy. It is the
				objective of the Commission to obtain and maintain the ambient air quality
				standards of this Rule in achieving the policy and purpose of the Act and as
				required by the Federal Act. The adoption hereby of the National Primary and
				Secondary Ambient Air Quality Standards shall not be considered in any manner
				to allow significant deterioration of existing air quality in any portion of
				the State.
(3) Attainment of
				Primary Standard. These rules and regulations and the administration of the
				Division by the Director shall provide for the attainment of the National
				Primary Ambient Air Quality Standards throughout the State as expeditiously as
				practicable, but in no case later than three years after the date of initial
				adoption of these rules and regulations or within the time limits specified by
				Section 110(a) of the Clean Air Act, as amended (91 Stat. 685), whichever is
				later.
(4) Attainment of Secondary
				Standard. To the extent practicable and feasible, these rules and regulations
				and the administration of the Division by the Director shall strive for the
				attainment of the National Secondary Ambient Air Quality Standards throughout
				the State concurrently with the attainment of the National Primary Ambient Air
				Quality Standard as provided in Rule
				335-3-1-.03(3).
(5) Effect on Interstate Air Quality Control
				Regions. The administration of the Division by the Director shall insure that
				air contaminants emitted within an Alabama portion of an Interstate Air Quality
				Control Region designated at 40 CFR 81 will not interfere with attainment and
				maintenance of any National Primary or Secondary Ambient Air Quality Standards
				in the remaining portion of such region. To this end, the Director is
				authorized to advise and consult with air pollution control agencies in other
				states and to enter into cooperative agreements with such agencies to achieve
				the purposes of this Rule.
Authors:
James W. Cooper, John E.
				  Daniel
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-28-14,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-1 - GENERAL PROVISIONS › Section 335-3-1-.04 - Monitoring, Records, And Reporting

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Director may require the owner or
				operator of any air contaminant source to establish and maintain such records;
				make such reports; install, use, and maintain such monitoring equipment or
				methods; sample such emissions in accordance with such methods at such
				locations, intervals, and procedures as the Director may prescribe; and provide
				such periodic emission reports as required in paragraph (2) of this Rule
				below.
(2) Reports. Records and
				reports as the Director may prescribe on air contaminants or fuel shall be
				recorded, compiled, and submitted on forms furnished by the Director or when
				forms are not so furnished, then in formats approved by the Director. These may
				include but not be limited to any of the following:
(a) Emissions of particulate matter, sulfur
				dioxide, and oxides of nitrogen shall be expressed as follows: in pounds per
				hour and pounds per million BTU of heat input for fuel-burning equipment; in
				pounds per hour and pounds per 100 pounds of refuse burned for incinerators;
				and in pounds per hour and in pounds per hourly process weight or production
				rate or in terms of some other easily measured and meaningful process unit
				specified by the Director.
(b)
				Sulfur dioxide and oxides of nitrogen emission data shall be averaged over a
				24-hour period and shall be summarized monthly. Daily averaged and monthly
				summaries shall be submitted to the Director biannually. Data should be
				calculated daily and available for inspection at any time.
(c) Particulate matter emissions shall be
				sampled and submitted biannually.
(d) Visible emissions shall be measured
				continuously, and records kept indicating total minutes per day in which stack
				discharge effluent exceeds 20 percent opacity. Data should be summarized
				monthly and submitted monthly and biannually. Current daily results shall be
				available for inspection at any time.
(e) The sulfur content of fuels, as burned,
				except natural gas, shall be determined in accordance with current recognized
				ASTM procedures. Averages for periods prescribed by the Director shall be
				submitted biannually. Records shall be kept current and be available for
				inspection.
Authors:
James W. Cooper, John E.
				  Daniel
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-1 - GENERAL PROVISIONS › Section 335-3-1-.05 - Sampling And Testing Methods

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Methods. All required sampling and testing shall be made and the results
				calculated in accordance with sampling testing procedures and methods approved
				by the Director. All required samples and tests shall be made under the
				direction of persons qualified by training and/or experience in the field of
				air pollution control.
(2) Standard
				Methods. The Director, to the extent practicable, should recognize and approve
				the test methods and procedures established by 40 CFR 60, as the same may be
				amended or revised.
(3) The
				Division may conduct tests and take samples of air contaminants, fuel, process
				material, or other material which affects or may affect emission of air
				contaminants from any source. Upon request of the Division, the person
				responsible for the source to be tested shall provide necessary holes in stacks
				or ducts and such other safe and proper sampling and testing facilities
				exclusive of instruments and sensing devices as may be necessary for proper
				determination of the emission of air contaminants. If an authorized employee of
				the Division during the course of an inspection obtains a sample of air
				contaminant, fuel, process material, or other material, he shall give the owner
				or operator of the equipment or fuel facility a receipt for the sample
				obtained.
(4) Report to Owner or
				Operator. At the conclusion of any inspection under Section 9 of the Act or
				conduction of any testing or sampling under this Part, if requested, the owner
				or operator of the premises shall receive a report setting forth all facts
				found which relate to compliance status with the Act and these rules and
				regulations.
Authors:
James W. Cooper, John E.
				  Daniel
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-28-14,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-1 - GENERAL PROVISIONS › Section 335-3-1-.06 - Compliance Schedule

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Scope.
				Except as otherwise specified, compliance with the provisions of these rules
				and regulations shall be according to the time schedule of this Rule.
(2) New Sources. All new sources shall comply
				with the applicable rules and regulations of Chapter
				335-3-3
et
seq
. within 60 days
				after achieving the maximum production rate at which the affected source will
				be operated, but not later than 120 days after initial startup of such source,
				unless the Director specifies another period of time as a condition to the
				issuance of any Permit under Chapter 335-3-14.
(3) Existing Sources. All existing sources
				not in compliance as of the date of initial adoption of an applicable rule or
				regulation contained in Chapter 335-3-3
et
seq
. shall be in compliance within six (6) months of
				such initial date unless the owner or operator responsible for the operation of
				such source shall have submitted to the Director in a form and manner
				satisfactory to him, a control plan and schedule for achieving compliance, such
				plan and schedule to contain a date on or before which full compliance will be
				attained and such other information as the Director may require. Any such plan
				and schedule expected to extend over a period of eighteen (18) or more months
				from such initial date shall include provisions for periodic increments of
				progress toward full compliance. If approved by the Director, such dates shall
				be the dates on which said owner or operator shall achieve incremental progress
				and full compliance. The Director may require persons to submit subsequent
				periodic reports on progress in achieving compliance. In no event shall the
				control plan and schedule exceed three (3) years from the date of initial
				adoption of an applicable rule or regulation. The provisions of this paragraph
				shall not apply to sources for which permits are required under Chapter
				335-3-14.
(4) Nothing in this Rule
				shall relieve any person or any new or existing source from complying with the
				provisions of Chapters 335-3-1 and 335-3-2 of these rules and regulations.
Authors:
James W. Cooper, John E.
				  Daniel
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-28-14,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-1 - GENERAL PROVISIONS › Section 335-3-1-.07 - Maintenance And Malfunctioning Of Equipment; Reporting

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Maintenance; Reporting. In the case of
				shutdown of air pollution control equipment (which operates pursuant to any
				permit issued by the Director) for necessary scheduled maintenance, the intent
				to shut down such equipment shall be reported to the Director at least
				twenty-four (24) hours prior to the planned shutdown, unless such shutdown is
				accompanied by the shutdown of the source which such equipment is intended to
				control. Such prior notice shall include, but is not limited to the following:
(a) Identification of the specific facility
				to be taken out of service as well as its location and permit number;
(b) The expected length of time that the air
				pollution control equipment will be out of service;
(c) The nature and quantity of emissions of
				air contaminants likely to occur during the shutdown period;
(d) Measures such as the use of off-shift
				labor and equipment that will be taken to minimize the length of the shutdown
				period;
(e) The reasons that it
				would be impossible or impractical to shut down the source operation during the
				maintenance period.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-1 - GENERAL PROVISIONS › Section 335-3-1-.08 - Prohibition Of Air Pollution

Current through Register Vol. 42, No. 9, June 28, 2024
No person shall permit or cause air pollution, as defined in
				  Rule 335-3-1-.02(1)(e)
				  of this Chapter by the discharge of any air contaminant for which no ambient
				  air quality standards have been set under Rule
				  335-3-1-.03(1).
Authors:
James W. Cooper, John E.
				  Daniel
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-28-14,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-1 - GENERAL PROVISIONS › Section 335-3-1-.09 - Variances

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Petition
				Procedures.
(a) Any person subject to any
				rule or regulation, requirement or order, may petition the Commission for a
				variance from the application thereof as prescribed by the Act. A petition for
				a variance must state the following:
1. The
				name, address, and telephone number of the petitioner, or other person
				authorized to receive service of notices.
2. Whether the petitioner is an individual,
				partnership, corporation or other entity, and names and addresses of the
				partners, if a partnership, and names and addresses of the officers, if a
				corporation, and names and addresses of the persons in control, if other
				entity.
3. The type of business or
				activity involved in the application and the street address at which it is
				conducted.
4. A brief description
				of the article, machine, equipment, or other contrivance, if any, involved in
				the petition.
5. The signature of
				the petitioner or that of some person on his behalf, and, where the person
				signing is not the petitioner, the authority to sign.
6. The rule or regulations, requirement or
				order from which a variance is requested.
7. The facts showing why compliance with such
				rule or regulation, requirement or order would impose serious hardship on the
				petitioner or on any other person or persons without equal or greater benefits
				to the public.
8. The facts showing
				why the emissions occurring or proposed to occur do not endanger or tend to
				endanger human health or safety, human comfort, and aesthetic values.
9. For what period of time the variance is
				sought and why.
10. Provisions of
				the rule or regulation, requirement or order which the petitioner can meet and
				the date when petitioner can comply with such provisions.
11. Whether or not any case involving the
				same identical equipment or process identified in subparagraph (a)4. of this
				paragraph above is pending in any court, civil or criminal.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-1 - GENERAL PROVISIONS › Section 335-3-1-.10 - Circumvention

Current through Register Vol. 42, No. 9, June 28, 2024
No person shall cause or permit the installation or use of
				  any device or any means which, without resulting in reduction in the total
				  amount of air contaminant emitted, conceals or dilutes any emission of air
				  contaminant which would otherwise violate these rules and regulations.
Authors:
James W. Cooper, John E.
				  Daniel
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-28-14,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-1 - GENERAL PROVISIONS › Section 335-3-1-.11 - Severability

Current through Register Vol. 42, No. 9, June 28, 2024
The provisions of these rules and regulations and the various
				  applications thereof are declared to be severable and if any chapter, rule,
				  paragraph, subparagraph, clause, or phrase of these rules and regulations shall
				  be adjudged to be invalid or unconstitutional by any court of competent
				  jurisdiction, the judgment shall not affect, impair, or invalidate the
				  remainder of these rules and regulations, but shall be confined in its
				  operation to the chapter, rule, paragraph, subparagraph, clause, or phrase of
				  these rules and regulations that shall be directly involved in the controversy
				  in which such judgment shall have been rendered.
Authors:
James W. Cooper, John E.
				  Daniel
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-28-14,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-1 - GENERAL PROVISIONS › Section 335-3-1-.12 - Bubble Provision

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Notwithstanding the specific emission limitations contained in Chapters
				335-3-3, 335-3-4, 335-3-5, 335-3-7, and 335-3-8, the Director may allow a
				facility to reduce the level of control required at one source in exchange for
				an equal increase in the level of control required at another source. Approval
				of any such exchange shall not be granted unless it is consistent with the
				requirements of Federal and State law.
(2) Any such approval granted will not be
				effective until it becomes a part of the approved State Implementation Plan.
Author:
Richard E. Grusnick
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-28-14,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-1 - GENERAL PROVISIONS › Section 335-3-1-.13 - Credible Evidence

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Compliance
				Certification. Notwithstanding any other provision in ADEM Admin. Code Division
				3, an owner or operator may use any credible evidence or information relevant
				to whether a source would have been in compliance with applicable requirements
				if the appropriate performance or compliance test had been performed, for the
				purpose of submitting compliance certifications.
(2) Enforcement. Notwithstanding any other
				provision in ADEM Admin. Code Division 3, any credible evidence or information
				relevant to whether a source would have been in compliance with applicable
				requirements if the appropriate performance or compliance test had been
				performed, can be used to establish whether or a not an owner or operator has
				violated or is in violation of any rule or standard in this Division.
Author:
Ronald W. Gore
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-28-14,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-1 - GENERAL PROVISIONS › Section 335-3-1-.14 - Emissions Reporting Requirements Relating To Budgets For NO[x] Emissions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
General
. The requirements of this Rule serve to
				establish ozone season NOx emissions reporting requirements from NOx point
				sources in order to meet the statewide NOx transport budget reporting
				requirements under 40 CFR,
				§
										51.122. This Rule will not apply to
				any ozone season after the 2008 ozone season.
(2)
Definitions
. For
				the purpose of this Rule, the following definitions apply:
(a) "
NO
x
Point Source
" means:
1. A plant or facility which has one or more
				non-mobile or stationary NOx sources; and,
2. Has the potential to emit a total of 100
				tons of NOx or more per year.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-1 - GENERAL PROVISIONS › Section 335-3-1-.15 - Emissions Inventory Reporting Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General. The requirements of this Rule
				serve to establish reporting requirements from point sources in order to meet
				the statewide emissions inventory reporting requirements under 40 CFR 51,
				Appendix A, as required by §§110(p) and 110(a)(2)(F)(ii) of the Clean
				Air Act, as amended.
(2)
				Definitions. For the purpose of this Rule, the definitions in 40 CFR 51,
				Appendix A shall apply unless defined under this paragraph.
(a) "Point Source" means:
1. A plant or facility which has one or more
				non-mobile or stationary sources;
2. "Type A source" means large point sources
				with actual annual emissions greater than or equal to any of the emissions
				thresholds listed in subparagraphs (a)2.(i) through (a)2.(vii) below.
(i) = 2,500 TPY Sulfur oxides.
(ii) = 250 TPY VOC.
(iii) = 2,500 TPY NOx.
(iv) = 2,500 TPY CO.
(v) = 250 TPY PM10.
(vi) = 250 TPY PM2.5.
(vii) = 250 TPY NH3.
3. "Type B source" means any point source
				with potential annual emissions greater than or equal to any of the emissions
				thresholds listed in subparagraphs (a)3.(i) through (a)3.(viii) below.
(i) = 100 TPY Sulfur oxides.
(ii) = 100 TPY VOC.
(iii) = 100 TPY NOx.
(iv) = 1,000 TPY CO. If the source is located
				in an ozone nonattainment area, then the threshold is = 100 TPY.
(v) = 5 TPY Lead.
(vi) = 100 TPY PM10.
(vii) = 100 TPY PM2.5.
(viii) = 100 TPY NH3.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-1 - GENERAL PROVISIONS › Section 335-3-1-.16 - Emissions Reporting Requirements Relating To Budgets For SO[2] And NO[x] Emissions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				General. The requirements of this Rule serve to establish
				SO2 and NOx emissions reporting requirements from point
				sources in order to meet the statewide transport budget requirements for
				SO2 and NOx under
				40 CFR §
										51.125.
(2) Definitions. For the purpose of this
				Rule, the following definitions apply:
(a)
				"Point Source" means:
1. A plant or facility
				which has one or more non-mobile or stationary SO2 or
				NOx sources; and,
2. Has the
				potential to emit a total of 100 tons of NOx or more per year; or
3. Has the potential to emit a total of 100
				tons of SO2 or more per year.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-2 - AIR POLLUTION EMERGENCY › Section 335-3-2-.01 - Air Pollution Emergency

Current through Register Vol. 42, No. 9, June 28, 2024
The Director is authorized and empowered to enforce or
				  require enforcement of any provisions of this Chapter throughout the State of
				  Alabama.
Authors:
James W. Cooper, John E.
				  Daniel
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-28-14,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-2 - AIR POLLUTION EMERGENCY › Section 335-3-2-.02 - Episode Criteria

Current through Register Vol. 42, No. 9, June 28, 2024
When the Director determines that conditions justify the
				  proclamation of an air pollution episode stage, due to the accumulation of air
				  contaminants in any place within the State, attaining levels which could, if
				  sustained or exceeded, lead to a substantial threat to the health of persons,
				  he shall be guided by the following criteria:
(a) Episode stages shall be determined and
				declared upon the basis of average concentrations recorded at any monitoring
				station in the State.
(b) If
				contamination and meteorology warrant, any advanced episode stage may be
				declared by the Director without first declaring a lesser degree of Alert or
				Watch. The Director shall, at his discretion, declare a lesser stage, the
				termination or the continuance of the advanced episode stage during such times
				when contamination and meteorological conditions moderate significantly after
				an advanced episode stage has been declared.
(c)
Episode Watch
.
				The Director shall declare an Episode Watch when one or more of the following
				events takes place:
1. An Atmospheric
				Stagnation Advisory is issued by the National Weather Service, stating that
				atmospheric conditions marked by a slow moving high pressure system, light
				winds, and temperature inversions are expected to affect the State of Alabama
				or portions thereof for the next thirty-six (36) hours.
2. A forecast by local meteorologist that
				stagnant atmospheric conditions as described above could result in high air
				pollution levels in Alabama or portions thereof.
3. Validated reports of abnormally high air
				pollution measurements, specifically, reaching or exceeding fifty percent (50%)
				of the Alert level of paragraph (4) of this Rule for at least three (3)
				consecutive hours at a given locality in the State.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-2 - AIR POLLUTION EMERGENCY › Section 335-3-2-.03 - Special Episode Criteria

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				Director shall have the authority to declare episodic conditions when the
				atmospheric concentration of a single contaminant or that of a specific
				locality within the State show elevated concentrations.
(2)
Specific Pollutant
				Situation
. When concentrations of one or two contaminants reach or
				exceed the defined criteria levels, and concentration of other contaminants
				remain substantially below 50 percent of Alert levels, and meteorological
				conditions are such that these specific contaminant concentrations can be
				expected to remain at the above levels for 12 hours or more or increase unless
				control action is taken, a Specific Alert, Warning, or Emergency Status shall
				be declared by the Director, naming the contaminants that meet the respective
				criteria. In such instances when two such contaminants meet different criteria,
				the Director shall declare the status for the episode having the higher level
				and that an Episode Watch is being maintained on the remaining
				contaminant.
(3)
Specific Locality Situation
. When high concentrations
				of one or more contaminants are measured at one monitoring site and not others
				and the effect is Judged to originate from an identifiable source near the
				given site, the Director shall declare the appropriate local Alert, Warning, or
				Emergency Status for the delineated area and that an Episode Watch is in effect
				for any remaining portion of the jurisdictional area while meteorological
				conditions favor the maintenance or increase of said high concentration for at
				least twelve (12) hours or more unless control action is taken.
Authors:
James W. Cooper, John E.
				  Daniel
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-28-14,
					 22-22A-5;
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-2 - AIR POLLUTION EMERGENCY › Section 335-3-2-.04 - Emission Reduction Plans

Current through Register Vol. 42, No. 9, June 28, 2024
Upon declaring an Episode Watch, Alert, Warning, or
				  Emergency, the Director shall order persons responsible for the operation of a
				  source of air contaminants causing or contributing to such episode to take the
				  general measures outlined in the
Emergency Episode Plan for the
				  State of Alabama
(dated November 1971, prepared by TRW, Inc.) or
				  revision thereof, as he deems appropriate, in addition to all specific source
				  curtailments designated by him.
Authors:
James W. Cooper, John E.
				  Daniel
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-28-14,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-2 - AIR POLLUTION EMERGENCY › Section 335-3-2-.05 - Two Contaminant Episode

Current through Register Vol. 42, No. 9, June 28, 2024
The Director shall declare an Alert, Warning, or Emergency
				  Status specific for two contaminants when the ambient concentrations of two
				  contaminants simultaneously reach or exceed their respective Episode Criteria
				  of this Chapter and meteorological conditions or such that contaminant
				  concentrations can be expected to remain at those criteria levels for twelve
				  (12) or more hours or increase unless control actions are taken. When criteria
				  levels correspond to different episode status for two contaminants, the
				  Director shall declare the status of the higher of the two.
Authors:
James W. Cooper, John E.
				  Daniel
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-28-14,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-2 - AIR POLLUTION EMERGENCY › Section 335-3-2-.06 - General Episodes

Current through Register Vol. 42, No. 9, June 28, 2024
The Director shall in the event that ambient concentrations
				  of three (3) or more contaminants simultaneously reach or exceed their
				  respective Episode Criteria and no improvements in meteorological conditions
				  are forecast for the next twelve (12) hours, declare a General Alert, Warning,
				  or Emergency Status. In the event that criteria levels correspond to different
				  statuses for each contaminant, the Director shall declare a general status
				  corresponding to the highest individual status.
Authors:
James W. Cooper, John E.
				  Daniel
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-28-14,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-2 - AIR POLLUTION EMERGENCY › Section 335-3-2-.07 - Local Episodes

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				Director shall specify the area of the State affected when a Local Alert,
				Warning, or Emergency Status is declared or when an Accidental Episode for
				common contaminants occurs, based upon air quality and meteorological reports
				and predictions.
(2) When the
				Director declares such a local episode, any person responsible for the
				operation from which excess emissions result shall shut down such an operation
				and make repairs or alter the process as required by the Director to restore
				normal operations.
(3) When the
				Director declares that a Local Alert, Warning, or Emergency Status is in effect
				for a delineated area, corresponding general measures shall be applied as
				detailed in Rule
				335-3-2-.04, depending upon which
				contaminant(s) is/are being emitted in excess.
Authors:
James W. Cooper, John E.
				  Daniel
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-28-14,
					 22-22A-5;
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-2 - AIR POLLUTION EMERGENCY › Section 335-3-2-.08 - Other Sources

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person
				responsible for the operation of a source of air contaminants as determined by
				the Director shall prepare standby plans for reducing the emissions of air
				contaminants during periods of an Episode Alert, Warning, and Emergency.
				Standby plans shall be designed to reduce or eliminate emissions of air
				contaminants in accordance with the objectives set forth in Rule
				335-3-2-.04.
(2) Any person responsible for the operation
				of a source of air contaminants not designated by the Director shall, when
				requested in writing by the Director, prepare standby plans for reducing the
				emission of air contaminants during periods of Episode Alert, Warning, and
				Emergency. Standby plans shall be designed to reduce or eliminate emissions for
				air contaminants in accordance with the objectives set forth in Rule
				335-3-2-.04.
(3) Standby plans as required under paragraph
				(1) of this Rule shall be in writing and identify the sources of air
				contaminants, the amount of reduction of contaminants, and a brief description
				of the manner in which reduction will be achieved during Episodes of Alert,
				Warning, and Emergency.
(4) During
				Episodes of Alert, Warning, and Emergency Status, standby plans as required by
				this Chapter shall be made available on the premises to any person authorized
				to enforce the provisions of applicable rules and regulations.
(5) Standby plans as required by this Chapter
				shall be submitted to the Director upon request within thirty (30) days of the
				receipt of such request; such standby plans shall be subject to review and
				approval by the Director. If, in the opinion of the Director, a standby plan
				does not effectively carry out the objectives as set forth in these rules and
				regulations, the Director may disapprove it, state the reason for disapproval,
				and order the preparation of an amended standby plan within the time period
				specified in the order.
Authors:
James W. Cooper, John E.
				  Daniel
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-28-14,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-2 - AIR POLLUTION EMERGENCY › Section 335-3-2-.09 - Other Authority Not Affected

Current through Register Vol. 42, No. 9, June 28, 2024
The provisions of this Chapter shall in no way affect the
				  power and authority of the Governor, Chairman, or Director as they pertain to
				  Emergency Procedures as provided in Section 11 of the Act.
Authors:
James W. Cooper, John E.
				  Daniel
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-28-14,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.