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-.02 - General Provisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any
				Major Source operating without an Air Permit, an Operating Permit or a
				Synthetic Minor Operating Permit (as defined in Chapters 14, 15 and 16 of this
				Administrative Code) may continue to operate (or may restart) only if its owner
				or operator obtains an Operating Permit or a Synthetic Minor Operating Permit
				prior to a date to be set by the Director (or prior to restarting).
(2)
Display of Operating
				Permit
. A person who has been granted an Operating 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.
(3) 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. 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.
(4) The Director may issue an Operating
				Permit subject to conditions which will bring the operation of any article,
				machine, equipment, or other contrivance within the standards of subparagraph
				(8)(a) of this Rule in which case the conditions shall be specified in writing.
				Commencing construction or operation under such an Operating Permit shall be
				deemed acceptance of all the conditions specified. The Director may issue an
				Operating 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 subparagraph (8)(a) of this
				Rule under the revised conditions.
(5)
Provision of Sampling and
				Testing Facilities
. A person operating or using any article,
				machine, equipment or other contrivance for which this Administrative Code
				require a permit shall provide and maintain such sampling and testing
				facilities as specified in the Operating Permit.
(6)
Transfer
. An
				Operating Permit shall not be transferable whether by operation of law or
				otherwise, either from one location to another, from one piece of equipment to
				another, or from one person to another, except as provided in Rule
				335-3-16-.13(1)(a)5.
(7)
Delegation of
				Operating Permit Requirements to Local Air Pollution Control
				Programs
.
(a) Local air
				pollution control programs may receive delegation of authority from the
				Director to administer the requirements of Chapter 335-3-16 of the ADEM
				Administrative Code within their jurisdiction provided the local air pollution
				control program:
1. adopts regulations
				insuring applicants are required to satisfy the same requirements as contained
				in the Department's regulations; and
2. adopts regulations which require the
				Director to be provided with an opportunity to review the permit application,
				the analysis of the permit, and proposed permit conditions at least 30 days
				prior to issuance of an Operating Permit.