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-.05 - Air Permits Authorizing Construction In Or Near Nonattainment Areas

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Applicability.
(a)
				The requirements of this Rule apply to the construction of any new major
				stationary source (as defined in subparagraph (2)(a) of this Rule) or any
				project at an existing major stationary source in or near an area designated as
				nonattainment under sections 107(d) of the Clean Air Act for which the source
				or modification is major for the pollutant or its precursors for which the area
				is designated as nonattainment. If the source is not major for the pollutant or
				its precursors for which the area is designated as nonattainment, it shall
				comply with the requirements of
				335-3-14-.04 which would be
				applicable if the area were classified as attainment or unclassifiable under
				sections 107(d)(1)(A)(ii) or (iii) of the Clean Air Act.
(b) The requirements of paragraphs (3)
				through (17) of this Rule apply to the construction of any new major stationary
				source or the major modification of any existing major stationary source,
				except as this Rule otherwise provides.
(c) No new major stationary source or major
				modification to which the requirements of paragraphs (3) through (17)(c) of
				this Rule apply shall begin construction without a permit that states that the
				major stationary source or major modification will meet those
				requirements.
(d) Except as
				otherwise provided in subparagraph (1)(j) of this Rule, and consistent with the
				definition of major modification contained in subparagraph (2)(b) of this Rule,
				a project is a major modification for a regulated NSR pollutant only if it
				causes two types of emissions increases - a significant emissions increase (as
				defined in subparagraph (2)(mm) of this Rule), and a significant net emissions
				increase (as defined in subparagraphs (2)(c) and (2)(w) of this
				Rule).
(e) Before beginning actual
				construction, the procedure for calculating whether a significant emissions
				increase will occur depends upon the type of emissions units being modified,
				according to subparagraphs (1)(f) through (i) of this Rule. The procedure for
				calculating whether a significant net emissions increase will occur at the
				major stationary source is contained in the definition in subparagraphs (2)(c)
				and (2)(w) of this Rule. Regardless of any such preconstruction projections, a
				major modification can result only if the project causes a significant
				emissions increase and a significant net emissions increase.
(f)
Actual-to-projected-actual
				applicability test for projects that only involve existing emissions
				units.
A significant emissions increase of a regulated NSR
				pollutant is projected to occur if the sum of the difference(s) between the
				projected actual emissions (as defined in subparagraph (2)(nn) of this Rule)
				and the baseline actual emissions (as defined in subparagraphs (2)(uu)1. and 2.
				of this Rule), for each existing emissions unit, equals or exceeds the
				significant rate for that pollutant (as defined in subparagraph (2)(w) of this
				Rule).
(g)
Actual-to-potential test for projects that only involve
				construction of a new emissions unit(s).
A significant emissions
				increase of a regulated NSR pollutant is projected to occur if the sum of the
				difference between the potential to emit (as defined in subparagraph (2)(d) of
				this Rule) from each new emissions unit following completion of the project and
				the baseline actual emissions (as defined in subparagraph (2)(uu)3. of this
				Rule) of these units before the project equals or exceeds the significant rate
				for that pollutant (as defined in subparagraph (2)(w) of this Rule).
(h)
Actual-to-potential test for
				projects that only involve existing emissions units.
A significant
				emissions increase of a regulated NSR pollutant is projected to occur if the
				sum of the difference(s) between the potential to emit (as defined in
				subparagraph (2)(d) of this Rule) and the actual emissions (as defined in
				subparagraph (2)(u) of this Rule), for each existing emissions unit, equals or
				exceeds the significant rate for that pollutant (as defined in subparagraph
				(2)(w) of this Rule).
(i)
Hybrid test for projects that involve multiple types of emissions
				units.
A significant emissions increase of a regulated NSR
				pollutant is projected to occur if the sum of the emissions increases for each
				emissions unit, using the method specified in subparagraphs (1)(f) through (h)
				of this Rule as applicable with respect to each emissions unit, for each type
				of emissions unit equals or exceeds the significant rate for that pollutant (as
				defined in subparagraph (2)(w) of this Rule).
(j) Any major stationary source subject to a
				plantwide applicability limit (PAL), as defined in subparagraph (23)(b)5. of
				this Rule, for a regulated NSR pollutant shall comply with the requirements
				under paragraph (23) of this Rule.
(k) The fugitive emissions of a stationary
				source shall not be included in determining for any purposes of this Rule
				whether it is a major stationary source or major modification unless the source
				belongs to one of the following categories of stationary sources:
1. Coal cleaning plants (with Thermal
				dryers);
2. Kraft pulp
				mills;
3. Portland cement
				plants;
4. Primary zinc
				smelters;
5. Iron and steel
				mills;
6. Primary aluminum ore
				reduction plants;
7. Primary copper
				smelters;
8. Municipal incinerators
				capable of charging more than 250 tons of refuse per day;
9. Hydrofluoric, sulfuric, or nitric acid
				plants;
10. Petroleum
				refineries;
11. Lime
				plants;
12. Phosphate rock
				processing plants;
13. Coke oven
				batteries;
14. Sulfur recovery
				plants;
15. Carbon black plants
				(furnace process);
16. Primary lead
				smelters;
17. Fuel conversion
				plants;
18. Sintering
				plants;
19. Secondary metal
				production plants;
20. Chemical
				processing plants (excluding ethanol production facilities that produce ethanol
				by natural fermentation);
21.
				Fossil fuel boilers (or combination thereof) totaling more than 250 million
				British thermal units per hour of heat input;
22. Petroleum storage and transfer units with
				a total storage capacity exceeding 300,000 barrels;
23. Taconite ore processing plants;
24. Glass fiber processing plants;
25. Charcoal production plants;
26. Fossil fuel fired steam electric plants
				of more than 250 British thermal units per hour heat input; and
27. Any other stationary source category
				which, as of August 7, 1980, is being regulated under section 111 or 112 of the
				Clean Air Act.