reglab/statecodes huggingface dataset:
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-.06 - Requirements For Control Technology [Determinations For Major Sources In Accordance With Clean Air Act Section 112(g)]

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Applicability.
(a) The requirements of paragraphs (1)
				through (4) of this Rule carry out Section 112(g)(2)(B) of the 1990 Clean Air
				Act Amendments (hereinafter, referred to as 'the Act' in this Rule).
(b) Overall requirements. The requirements of
				paragraphs (1) through (4) of this Rule apply to any owner or operator who
				constructs or reconstructs a major source of hazardous air pollutants after the
				effective date of this Rule unless the major source in question has been
				specifically regulated or exempted from regulation under a standard issued
				pursuant to Section 112(d), Section 112(h), or Section 112(j) and incorporated
				in another Subpart of Part 63 of the 40 Code of Federal Regulations or Chapter
				335-3-11 of this Division, or the owner or operator of such major source has
				received all necessary air quality permits for such construction or
				reconstruction project before the effective date of this Rule.
(c) Exclusion for electric utility steam
				generating units. The requirements of this Rule do not apply to electric
				utility steam generating units unless and until such time as these units are
				added to the source category list pursuant to Section 112(c)(5) of the
				Act.
(d) Exclusion for stationary
				sources in deleted source categories. The requirements of this Rule do not
				apply to stationary sources that are within a source category that has been
				deleted from the source category list pursuant to Section 112(c)(9) of the
				Act.
(e) Exclusion for research and
				development activities. The requirements of this Rule do not apply to research
				and development activities, as defined in paragraph (2) below.
(f) Prohibition. After the effective date of
				this Rule, no person may begin actual construction or reconstruction of a major
				source of HAP unless:
1. The major source in
				question has been specifically regulated or exempted from regulation under a
				standard issued pursuant to Section 112(d), Section 112(h) or Section 112 (j)
				in Part 63 [ 40 CFR 63, Subpart B, as incorporated by reference in Rule
				335-3-11-.06(1)],
				and the owner and operator has fully complied with all procedures and
				requirements for preconstruction review established by that standard, including
				any applicable requirements set forth in Subpart A of Part 63; or
2. The Department has made a final and
				effective case-by-case determination pursuant to the provisions of this Rule
				such that emissions from the constructed or reconstructed major source will be
				controlled to a level no less stringent than the maximum achievable control
				technology emission limitation for new sources.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-15 - SYNTHETIC MINOR OPERATING PERMITS › Section 335-3-15-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For the purposes of this Chapter only, the following words
				  and phrases, unless a different meaning is plainly required by the content,
				  shall have the following meanings.
(a)
				"
Act
" shall mean the Clean Air Act, as amended,
				42 U.S.C.
				7401,
et
				seq
.
(b)
				"
Air Permit
" shall mean any permit issued pursuant to
				the regulations in Chapter 335-3-14.
(c) "
Department
"
				shall mean the Alabama Department of Environmental Management.
(d) "
Operating
				Permit
" shall mean any permit issued pursuant to the regulations
				in Chapter 335-3-16.
(e)
				"
Potential Major Source
" shall mean any major source
				as defined in Chapter 335-3-16 whose actual emissions are less than the major
				source thresholds.
(f)
				"
Stationary Source
" shall mean any building,
				structure, facility, or installation that emits or may emit any regulated air
				pollutant as defined in Chapter 335-3-16 or any pollutant listed in Appendix G
				of this Administrative Code.
(g)
				"
Synthetic Minor Operating Permit
" shall mean a permit
				which restricts a source's potential to emit so that it is a Synthetic Minor
				Source. Also, those sources whose actual emissions are less than or equal to 50
				percent of any applicable major source thresholds and that also comply with the
				requirements of Rule
				335-3-15-.02(10)
				shall be considered as holding a Synthetic Minor Operating Permit for purposes
				of complying with Rule
				335-3-16-.02(1)
				until the Department amends this Rule in the future in accordance with the
				adoption of a Rule by the Environmental Protection Agency that codifies a
				position regarding the subject of this sentence in some form.
(h) "
Synthetic Minor
				Source
" shall mean a source whose potential to emit is restricted
				to less than a major source threshold as defined in Chapter 335-3-16.
Author:
Richard E. Grusnick
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-4,
					 22-22A-5,
					 22-22A-6, and
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-15 - SYNTHETIC MINOR OPERATING PERMITS › Section 335-3-15-.03 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
The provisions of this Chapter shall apply only to Potential
				  Major Sources, except for those Stationary Sources which are applying for, will
				  apply for, or have obtained Operating Permits.
Author:
Richard E. Grusnick
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-4,
					 22-22A-5,
					 22-22A-6, and
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-15 - SYNTHETIC MINOR OPERATING PERMITS › Section 335-3-15-.04 - Synthetic Minor Operating Permit Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
General
				Provisions
.
(a) The Synthetic
				Minor Operating Permit shall include specific conditions that restrict the
				facility's potential to emit and that are federally enforceable.
(b) Any Stationary Source requesting a
				Synthetic Minor Operating Permit must undergo the public participation
				procedures prescribed in Rule
				335-3-15-.05.
(c) A Potential Major Source that does not
				obtain a Synthetic Minor Operating Permit shall apply for an Operating Permit.
(d) The Department shall act,
				within a reasonable time, on an application for a Synthetic Minor Operating
				Permit and shall notify the applicant in writing of its approval, conditional
				approval, or denial.
(e) In the
				event of a denial of a Synthetic Minor Operating Permit, the Department shall
				notify the applicant in writing of the reason therefore. Service of this
				notification may be made in person or by mail, and such service may be proved
				by the written acknowledgment of the persons served or affidavit of the person
				making the service. The Department shall not accept a further application
				unless the applicant has complied with the objections specified by the
				Department as its reasons for denial of the Synthetic Minor Operating Permit.
(f) The facility shall obtain a
				Synthetic Minor Operating Permit prior to beginning operation of the new or
				modified Stationary Source and shall notify the Department at least ten (10)
				days prior to beginning such operation.
(g) Any Stationary Source applying for a
				Synthetic Minor Operating Permit shall submit applications for a Synthetic
				Minor Operating Permit at least 10 days prior to construction except as
				specified in subparagraph (3)(c) of this Rule.
(h) The holder of a Synthetic Minor Operating
				Permit shall comply with all conditions contained in such permit, as well as
				all applicable provisions of this Administrative Code. Such conditions shall be
				permanent, quantifiable and otherwise enforceable as a practical matter.
				Synthetic Minor Operating Permits which do not conform to the provision in this
				Chapter and the requirements of EPA's underlying regulations may be deemed not
				"federally enforceable" by EPA.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-15 - SYNTHETIC MINOR OPERATING PERMITS › Section 335-3-15-.05 - Public Participation

Current through Register Vol. 42, No. 9, June 28, 2024
(a) The
				provisions of this Rule apply only to potential major sources as specified in
				Rules 335-3-15-.04(1)(b)
				and -.04(4)(b). Notice shall be posted on the Department's web site for the
				duration of the public comment period and transmitted to a list developed by
				the Department for persons desiring notice of permit action, including persons
				who have requested in writing to be on such a list. The notice shall contain a
				link to the proposed permit. A copy of the notice shall also be provided to
				EPA;
(b) The notice shall identify
				the affected facility; the name and address of the permittee; the address of
				the Department; the activity or activities involved in the permit action; the
				emissions change involved in any permit modification; the name, address, and
				telephone number of a person 9 or n email or web site address) from whom
				interested persons may obtain additional information, including copies of the
				permit draft, the application, all relevant supporting materials, except for
				information entitled to be kept confidential, and all other materials available
				to the Department that are relevant to the permit decision; a brief description
				of the comment procedures required by this Rule; and the time and place of any
				hearing that may be held, including a statement of procedures to request a
				hearing (unless a hearing has already been scheduled);
(c) The Department shall provide at least 15
				days for public comment; and
(d)
				The Department shall keep a record of the commenters and also of the issues
				raised during the public participation process.
Author:
Richard E. Grusnick
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-4,
					 22-22A-5,
					 22-22A-6, and
					 22-22A-8.
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-.03 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Except as
				exempted under paragraph (2) below and elsewhere herein, the following sources
				are subject to the permitting requirements under this Administrative Code:
(a) Any major source as defined under Rule
				335-3-16-.01 of this
				Chapter;
(b) Any source subject to
				a standard, limitation, or other requirement under Chapters 335-3-10 or
				335-3-11 of this Administrative Code;
(c) Any affected source as defined under Rule
				335-3-16-.01 of this
				Chapter;
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-.05 - Permit Content

Current through Register Vol. 42, No. 9, June 28, 2024
All permits required under this Chapter shall include certain
				  standard permit requirements. The permits shall contain the following:
(a) Applicable emissions limitations and
				standards and operational requirements and limitations necessary to assure
				compliance with all applicable requirements at the time of permit issuance. In
				addition, the permit shall include:
1. A
				statement or reference to the origin and authority for each term or condition
				in the permit and any difference in form as compared to the applicable
				requirement under this Chapter upon which the term or condition is based;
				and
2. A statement to the effect
				that where an applicable requirement of this Chapter is more stringent than an
				applicable requirement of regulations promulgated under Title IV of the Act,
				both provisions shall be incorporated into the permit and shall be enforceable
				by the Department.
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-.06 - Federally Enforceable Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All terms in a permit that are required
				to be part of a permit pursuant to the Act are federally enforceable by EPA,
				the Department and citizens in general. However, those provisions of a permit
				that are not required under the Act are considered to be state permit
				provisions and consequently, are not federally enforceable by EPA and citizens
				in general.
(2) Those provisions of
				a permit that are state provisions shall be separated from the federally
				enforceable terms. Such state provisions shall be clearly identified in the
				permit.
Author:
Richard E. Grusnick
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-4,
					 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 335-3-16 - MAJOR SOURCE OPERATING PERMITS › Section 335-3-16-.07 - Compliance Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
Permits shall contain the following elements with respect to
				  compliance:
(a) Compliance
				certification, testing, monitoring, reporting, and record keeping requirements
				sufficient to assure compliance with the terms and conditions of the permit.
				Any document [including reports submitted by the source (permittee)] that is
				required in a permit shall contain a certification by a responsible official
				that meets the requirements of Rule
				335-3-16-.04(9).
(b) Inspection and entry requirements that
				mandate that, the permittee shall allow the Department or an authorized
				representative, upon presentation of credentials and other documents that may
				be required by law, to conduct the following:
1. Enter upon the permittee's premises where
				a source is located or emissions-related activity is conducted, or where
				records must be kept pursuant to the conditions of a permit;
2. Review and/or copy, at reasonable times,
				any records that must be kept pursuant to the conditions of a permit;
3. Inspect at reasonable times any
				facilities, equipment (including monitoring and air pollution control
				equipment), practices, or operations regulated or required pursuant to a
				permit; and
4. Sample or monitor at
				reasonable times substances or parameters for the purpose of assuring
				compliance with the permit or other applicable requirements.
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-.08 - General Permits

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				Department may issue a general permit to any source category if it concludes
				that the category is appropriate for permitting on a generic basis after notice
				and opportunity for public participation provided under Rule
				335-3-16-.15(4).
				No general permit may be issued for affected sources under the acid rain
				program unless otherwise provided in regulations promulgated under Title IV of
				the Act.
(2) A general permit may
				be issued for a source category based upon an application from a source within
				the source category or upon the Department's own initiative. The same
				procedures for issuance of a general permit are applicable as for any other
				permit issued under this Chapter.
(3) A general permit may be issued for the
				following purposes:
(a) to establish terms and
				conditions to implement applicable requirements for a source
				category;
(b) to establish terms
				and conditions to implement applicable requirements for specified categories of
				changes to permitted sources;
(c)
				to establish terms and conditions for new requirements that apply to sources
				with existing permits; and
(d) to
				establish federally-enforceable caps on emissions from sources in a specified
				category.
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-.09 - Temporary Sources

Current through Register Vol. 42, No. 9, June 28, 2024
(1) One permit
				for sources which move at least once during the term of the permit may be
				issued authorizing emissions from similar operations by the same source owner
				or operator at multiple temporary locations. The operation must be temporary
				and involve at least one change of location during the term of the
				permit.
(2) No affected source
				shall be permitted as a temporary source. Permits for temporary sources shall
				include the following:
(a) Conditions that
				will assure compliance with all applicable requirements at all authorized
				locations;
(b) Requirements that
				the owner or operator notify in writing the permitting authority at least ten
				days in advance of each change in location; and
(c) Conditions that assure compliance with
				all other provisions of this Rule.
Author:
Richard E. Grusnick
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-.10 - Permit Shield

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Except as
				provided in this Rule, the Department may expressly include in an Operating
				Permit a provision stating that compliance with the conditions of the permit
				shall be deemed compliance with any applicable requirements as of the date of
				permit issuance, provided that:
(a) Such
				applicable requirements are included and are specifically identified in the
				permit; or
(b) The Department, in
				acting on the permit application or revision, determines in writing that other
				requirements specifically identified are not applicable to the source, and the
				permit includes the determination or a concise summary thereof.
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-.11 - Exceptions To Violations Of Emissions Limits

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Director may, in the operating
				permit, exempt on a case-by-case basis exceedances of emission limits which
				cannot reasonably be avoided, such as during periods of start-up, shut-down or
				load change. For emission limits established by federal rules (e.g., NSPS,
				NESHAP, and MACT) exemptions may be granted only where provisions for such
				exemptions are contained in the applicable rule or its general
				provisions.
(2)
Emergency provision
.
(a) An "
emergency
"
				means any situation arising from sudden and reasonably unforeseeable events
				beyond the control of the source, including acts of God, which situation
				requires immediate corrective action to restore normal operation, and that
				causes the source to exceed a technology-based emission limitation under the
				permit, due to unavoidable increases in emissions attributable to the
				emergency. An emergency shall not include noncompliance to the extent caused by
				improperly designed equipment, lack of preventative maintenance, careless or
				improper operation, or operator error.
(b) Exceedances of emission limits during
				emergencies (as defined above) at a facility may be exempted from being
				violations provided that:
1. The permittee
				can identify the cause(s) of the emergency;
2. At the time of the emergency, the
				permitted facility was being properly operated;
3. During the period of the emergency the
				permittee took all reasonable steps to minimize levels of emissions that
				exceeded the emission standards, or other requirements in the permit;
4. The permittee submitted notice of the
				emergency to the permitting authority within two (2) working days of the time
				when emission limitations were exceeded due to the emergency. Such notice shall
				include those deviations attributable to upset conditions as defined in the
				permit, the probable cause of said deviations, and any corrective actions or
				preventive measures that were taken. Within five (5) working days of the
				emergency, a written documentation what was reported in the notice of the
				emergency shall be submitted to the Department; and
5. The permittee immediately documented the
				emergency exceedance in an "Emergency Log", which shall be maintained for five
				(5) years in a form suitable for inspection upon request by a representative of
				the Department.
(c) The
				Director shall be the sole determiner of whether an emergency has
				occurred.
(d) This provision is in
				addition to any emergency or upset provision contained in any applicable
				requirement.
(e) An emergency
				constitutes an affirmative defense.
Author:
Richard E. Grusnick
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-.12 - Permit Issuance

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Initial
.
(a) All
				major sources must be issued operating permits within 3 years of the date that
				EPA approves the Department's program.
(b) At least one-third of the permits for
				sources subject to this chapter must be issued each of the three years
				following EPA's approval of the Department's program.
(c) If the Department is granted interim
				approval, then the provisions of subparagraphs (a) and (b) do not apply.
1. During each year of interim approval, at
				least 20% of the permits subject to this Chapter must be acted upon.
				Thereafter, at least one-third of the remaining sources subject to this Chapter
				must be acted upon each year.
(d) Any application for a new source must be
				acted on within 18 months of receiving a complete application.
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-.13 - Permit Modifications Or Amendments

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Administrative
.
(a) An administrative permit amendment is a
				permit revision that:
1. Corrects
				typographical errors;
2. Identifies
				a change in the name, address, or phone number of any person identified in the
				permit, or provides a similar minor administrative change at the
				source;
3. Requires more frequent
				monitoring or reporting by the permittee;
4. Incorporates a general permit into an
				Operating Permit.
5. Allows for a
				change in ownership or operational control of a source where the Department
				determines that no other change in the permit is necessary, provided that a
				written agreement containing a specific date for transfer of permit
				responsibility, coverage, and liability between the current and new permittee
				has been submitted to the Department;
6. Incorporates into a permit issued under
				this Chapter the requirements from preconstruction review permits authorized
				under this Administrative Code, provided that the process used meets procedural
				requirements substantially equivalent to the requirements Rules
				335-3-16-.12 and
				335-3-16-.15 of this Chapter that
				would be applicable to the change if it were subject to review as a permit
				modification, and compliance requirements substantially equivalent to those
				contained in Rules
				335-3-16-.05 through
				335-3-16-.11 of this Chapter;
				or
7. Incorporates any other type
				of change which the Department has determined, and the Administrator has
				approved as part of an approved operating permit program to be similar to those
				in subparagraphs l. - 5. above.
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-.14 - Off-Permit Changes

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any change
				at a source holding an operating permit which is not addressed or prohibited in
				the federally enforceable terms and conditions of the permit may be designated
				by the owner or operator as an off-permit change, and may be made without
				revision to the federally enforceable terms and conditions of the operating
				permit, provided that the change:
(a) shall
				meet all applicable requirements;
(b) does not violate any federally
				enforceable permit term or condition;
(c) is not subject to any requirement or
				standard under Title IV of the Clean Air Act; and
(d) is not a modification under Title
				I.
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-.15 - Permit Review By EPA, Affected States And Public

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Transmission of information
				to EPA
.
(a) The Department shall
				submit each application, each proposed permit and each final permit to EPA. The
				Department may require the applicant to submit a copy of its application
				directly to EPA. The Department also shall submit a copy of the draft permit to
				the applicant at the same time that EPA is sent a copy.
(b) Upon agreement with EPA, the Department
				may submit a summary of the application instead of the full
				application.
(c) The Department
				shall keep 5 years of records of the information sent to EPA that is required
				in subparagraph (a) of this paragraph.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-17 - CONFORMITY OF FEDERAL ACTIONS TO STATE IMPLEMENTATION PLANS › Section 335-3-17-.01 - Transportation Conformity

Current through Register Vol. 42, No. 9, June 28, 2024
The Environmental Protection Agency Regulations and the
				  Appendices applicable thereto, governing Conformity to State Implementation
				  Plans of Transportation Plans, Programs, and Projects Developed, Funded, or
				  Approved Under Title 23 U.S.C. or the Federal Transit Act address (July 1,
				  1012) 40 CFR §§
										93.105,
				  93.122(a)(4)(ii),
				  and 93.125(c) in the
				  Alabama State Implementation Plan as required by the Clean Air
				  Act.
Author:
Richard E. Grunsnick
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-28-14,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8;
					 41-22-9.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-17 - CONFORMITY OF FEDERAL ACTIONS TO STATE IMPLEMENTATION PLANS › Section 335-3-17-.02 - General Conformity

Current through Register Vol. 42, No. 9, June 28, 2024
The Environmental Protection Agency Regulations and the
				  Appendices applicable thereto, governing Determining Conformity of General
				  Federal Actions to State Implementation Plans, are incorporated by reference as
				  they exist in 40 CFR
				  93 Subpart B (July 1, 2010). (The materials
				  incorporated by reference are available for purchase and inspection at the
				  Department's offices.)
Author:
Richard E. Grunsnick
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 335-3-18 - ACID RAIN PROGRAM-PERMITS REGULATION › Section 335-3-18-.01 - General - Permits Regulation

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				The Environmental Protection Agency Regulations, and the Appendices applicable
				thereto, governing the Acid Rain Program-Permits Regulation ( 40 CFR, Part 72
				and Appendices) are incorporated by reference as they exist in 40 CFR Part 72,
				(July 1, 2006) except for the provisions found in
				40 CFR §
										72.12 and
				40 CFR §§
										72.70 through
				72.74 which are excluded.
(a) The materials incorporated by reference
				are available for purchase and inspection at the Department's offices at 1400
				Coliseum Boulevard, Montgomery, Alabama 36110.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-18 - ACID RAIN PROGRAM-PERMITS REGULATION › Section 335-3-18-.02 - Nitrogen Oxides Emission Reduction Program

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Environmental Protection Agency
				Regulations, and the Appendices applicable thereto, governing the Acid Rain
				Nitrogen Oxides Emission Reduction Program ( 40 CFR, Part 76 and Appendices)
				are incorporated by reference as they exist in 40 CFR part 76, (July 1, 2006),
				except for the references to 40 CFR 78 which are excluded.
(a) The materials incorporated by reference
				are available for purchase and inspection at the Department's offices at 1400
				Coliseum Boulevard, Montgomery, Alabama 36110.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-19 - CONTROL OF MUNICIPAL SOLID WASTE LANDFILL GAS EMISSIONS › Section 335-3-19-.02 - General Provisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				provisions of this Chapter apply to each existing MSW landfill for which
				construction, reconstruction or modification was commenced on or before July
				17, 2014. Physical or operational changes made to an existing MSW landfill
				solely to comply with this Chapter are not considered a modification or
				reconstruction and would not subject an existing MSW landfill to the
				requirements of Subpart XXX as incorporated by reference in rule
				335-3-10-.02(76),
				[see §60.760 of Subpart XXX, 40 CFR].
(a)
				The requirements of this rule shall become effective upon final approval by
				EPA.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-19 - CONTROL OF MUNICIPAL SOLID WASTE LANDFILL GAS EMISSIONS › Section 335-3-19-.03 - Standards For Existing Municipal Solid Waste Landfills

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Standards for Air Emissions from Existing
				Municipal Solid Waste Landfills.
(a)
Collection system.
Each MSW landfill meeting the conditions in
				335-3-19-.02(2)
				shall install a gas collection as specified in subparagraphs (a)1. through
				(a)3. of this paragraph.
1.
Collection
				system.
Install and start up a collection and control system that
				captures the gas generated within the landfill within 30 months after:
(i) The first annual report in which the NMOC
				emission rate equals or exceeds 34 megagrams per year, unless Tier 2 or Tier 3
				sampling demonstrates that the NMOC emission rate is less than 34 megagrams per
				year, as specified in subparagraph (6)(c)4. of this rule; or
(ii) The first annual NMOC emission rate
				report for a landfill in the closed landfill subcategory in which the NMOC
				emission rate equals or exceeds 50 megagrams per year, unless Tier 2 or Tier 3
				sampling demonstrates that the NMOC emission rate is less than 50 megagrams per
				year, as specified in subparagraph (6)(c)4. of this rule; or
(iii) The most recent NMOC emission rate
				report in which the NMOC emission rate equals or exceeds 34 megagrams per year
				based on Tier 2, if the Tier 4 surface emissions monitoring shows a surface
				methane emission concentration of 500 parts per million methane or greater as
				specified in subparagraph (6)(c)4.(iii) of this rule.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-19 - CONTROL OF MUNICIPAL SOLID WASTE LANDFILL GAS EMISSIONS › Section 335-3-19-.04 - Compliance Schedules

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Planning, awarding of contracts, installing, and starting up MSW landfill air
				emission collection and control equipment that is capable of meeting the
				emission standards under this Chapter shall be completed within 30 months after
				the date an NMOC emission rate report shows NMOC emissions equal or exceed 34
				megagrams per year (50 megagrams per year for the closed landfill subcategory);
				or
(2) Within 30 months after the
				date of the most recent NMOC emission rate report that shows NMOC emissions
				equal or exceed 34 megagrams per year (50 megagrams per year for the closed
				landfill subcategory), if Tier 4 surface emissions monitoring shows a surface
				emission concentration of 500 parts per million methane or greater.
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 335-3-19 - CONTROL OF MUNICIPAL SOLID WASTE LANDFILL GAS EMISSIONS › Section 335-3-19-.05 - Petition For Alternative Standards And Compliance Schedules

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A MSW landfill
				owner or operator may request through petition, alternative emission standards
				or a longer compliance schedule that is/are not specified in this Chapter
				through the following procedures.
(a) Petition
				Requirements. To enable the Department to rule on the Petition, the following
				information, where determined applicable by the Department, shall be included
				in the petition:
1. A clear and complete
				statement of the precise extent of the relief sought including specific
				identification of the particular provisions of the regulations from which the
				relief is sought. The criteria for relief include:
(i) Unreasonable cost of control resulting
				from landfill age, location, or basic design:
(ii) Physical impossibility of installing
				necessary control equipment; or
(iii) Other factors specific to the landfill
				that make application of a less stringent standard or final compliance time
				significantly more reasonable.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-20 - CONTROL OF FUELS › Section 335-3-20-.01 - Definitions (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
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 335-3-20 - CONTROL OF FUELS › Section 335-3-20-.02 - Control Of Fuels (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
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 335-3-20 - CONTROL OF FUELS › Section 335-3-20-.03 - Recordkeeping, Reporting And Testing (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
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 335-3-21 - CONTROL OF MERCURY EMISSIONS

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Ronald W. Gore
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-28-10,
				  22-28-11,
				  22-28-14,
				  22-28-18,
				  22-28-20,
				  22-28-22,
				  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 › APPENDICES › Appendix A - CLASS I COUNTIES

Current through Register Vol. 42, No. 9, June 28, 2024
January 18, 1972
County
Justification
% Urban
								Population1
Ambient Air
								Quality2
Urban Population Exceeded 50%
Secondary National Ambient Air Quality
								Standard Is Exceeded
Autauga
x
53.6
3
Calhoun
x
x
64.1
94
Coffee
x
58.0
3
Colbert
x
x
58.1
130
Covington
x
56.6
46
Cullman
x
87
Dale
x
62.3
3
Etowah
x
x
72.1
142
Houston
x
x
64.9
76
Jackson
x
127
Jefferson
x
x
68.4
170
Lauderdale
x
x
50.0
114
Lee
x
68.2
3
Madison
x
x
78.6
60
Mobile
x
x
82.1
110
Montgomery
x
x
82.8
124
Morgan
x
x
58.7
74
Pike
x
x
56.7
67
Russell
x
x
55.7
70
St. Clair
x
74
Shelby
x
82
Talladega
x
x
53.2
115
Tuscaloosa
x
x
74.0
94
Walker
x
103
1 % Urban Population As Defined By
				  The U.S. Department of Commerce Census Bureau for 1970.
2 Air Quality Measured As
				  Micrograms of Suspended Particulates Per Cubic Meter of Ambient Air (|ag/m3) in
				  1971. (National Ambient Air Quality Secondary Standard for particulate is 60
				  |ag/m3 annual geometric mean)
3 No Data
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › APPENDICES › Appendix B - SULFUR DIOXIDE PRIORITY CLASSIFICATIONS OF COUNTIES

Current through Register Vol. 42, No. 9, June 28, 2024
MAY 29, 1973
Category I
				  Counties1:
Jackson
Jefferson
Mobile
Category II
				  Counties2:
Autauga
Baldwin*
Barbour
Bibb
Blount
Bullock
Butler
Calhoun
Chambers
Cherokee
Chilton
Choctaw
Clarke
Clay
Cleburne
Coffee
Colbert*
Conecuh
Coosa
Covington
Crenshaw
Cullman*
Dale
Dallas
DeKalb*
Elmore
Escambia*
Etowah
Fayette
Franklin*
Geneva
Greene
Hale
Henry
Houston
Lamar
Lauderdale*
Lawrence*
Lee
Limestone*
Lowndes
Macon
Madison*
Marengo
Marion*
Marshall*
Monroe
Morgan*
Montgomery
Perry
Pickens
Pike
Randolph
Russell
St. Clair
Shelby
Sumter
Talladega
Tallapoosa
Tuscaloosa
Walker
Washington
Wilcox
Winston
11.8 lbs.
				  SO2 per 106 BTU
24.0 lbs.
				  SO2 per 106 BTU
*Reclassified from Category I, September 30,
				  1975
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › APPENDICES › Appendix D - NONATTAINMENT AREAS

Current through Register Vol. 42, No. 9, June 28, 2024
PM10
(Sub-County Designations)
None
Sulfur Dioxide
(Sub-County Designations)
None
Ozone (8-hr, Subpart 1)
(County-Wide Designations)
None
T2.5
(County-Wide Designations)
None
(Sub-County Designations)
None
Author:
Statutory Authority:
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › APPENDICES › Appendix E - ATTAINMENT AREAS - OZONE

Current through Register Vol. 42, No. 9, June 28, 2024
County
Federal Register Notice
Autauga ...........
Vol. 47, No. 169, August 31, 1982
Bibb .................
Vol. 47, No. 169, August 31, 1982
Conecuh ..........
Vol. 47, No. 169, August 31, 1982
DeKalb .............
Vol. 47, No. 103, May 27, 1982
Elmore .............
Vol. 47, No. 169, August 31, 1982
Escambia .........
Vol. 47, No. 169, August 31, 1982
Etowah ............
Vol. 52, No. 92, May 13, 1987
Fayette .............
Vol. 46, No. 209, October 29, 1981
Jackson ...........
Vol. 47, No. 103, May 27, 1982
Jefferson
Vol. 69, No. 49, March 12, 2004 (1-hr O3)
Lamar ..............
Vol. 46, No. 209, October 29, 1981
Limestone ........
Vol. 46, No. 184, September 23, 1981
Lowndes ..........
Vol. 47, No. 169, August 31, 1982
Madison ...........
Vol. 46, No. 184, September 23, 1981
Marion .............
Vol. 46, No. 209, October 29, 1981
Marshall ..........
Vol. 46, No. 184, September 23, 1981
Mobile ..............
Vol. 52, No. 92, May 13, 1987
Montgomery .....
Vol. 47, No. 169, August 31, 1982
Monroe ............
Vol. 47, No. 169, August 31, 1982
Morgan ............
Vol. 47, No. 184, September 23, 1981
Shelby
Vol. 69, No. 49, March 12, 2004 (1-hr O3)
Tuscaloosa .......
Vol. 47, No. 169, August 31, 1982
Ozone nonattainment areas listed in Appendix D. All
					 counties in the State not included in Appendices D and E are designated as
Unclassifiable/Attainment
.
Author:
Statutory Authority:
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › APPENDICES › Appendix H - EXEMPTION CLAIM FORM FOR COFIRED COMBUSTORS

Current through Register Vol. 42, No. 9, June 28, 2024
Click to
				  view image
Click to
				  view image
Author:
Statutory Authority:
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-1 - GENERAL PROVISIONS › Section 335-4-1-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For the purpose of these rules, the following words and
				  phrases shall have the meanings given to them in this Rule and as given by law
				  unless the context of ADEM Administrative Code 335-4 indicates
				  differently.
(a)
Accumulation
- any of the following activities related
				to scrap tires at a particular location:
1.
				The amassing or gathering of scrap tires, for whatever purpose, not in
				accordance with the Act and 335-4, in a manner that poses a threat to human
				health and the environment.
2. The
				amassing or gathering of scrap tires by a permitted processor, registered
				receiver, or permitted landfill or solid waste disposal facility.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-1 - GENERAL PROVISIONS › Section 335-4-1-.01 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
These rules are not applicable to and do not limit the
				  handling, storage, or use of new tires or used tires meeting the definition of
				  used tires in
				  335-4-1-.02.
Author:
James L. Bryant, M. Gavin Adams. Adam
					 N. Rhodes
Statutory Authority:
Code of
					 Alabama 1975
, §§
											22-40A-1
et
					 seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-1 - GENERAL PROVISIONS › Section 335-4-1-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For the purpose of these rules, the following words and
				  phrases shall have the meanings given to them in this Rule and as given by law
				  unless the context of 335-4 indicates differently.
(a)
Accumulation
-
				any of the following activities related to scrap tires at a particular
				location:
1. The amassing or gathering of
				scrap tires, for whatever purpose, not in accordance with the Act and 335-4, in
				a manner that poses a threat to human health and the environment.
2. The amassing or gathering of scrap tires
				by a permitted processor, registered receiver, or permitted landfill or solid
				waste disposal facility.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-1 - GENERAL PROVISIONS › Section 335-4-1-.03 - Penalty For Violations

Current through Register Vol. 42, No. 9, June 28, 2024
No person shall violate any of the provisions of 335-4.
				  Violation of 335-4 shall be considered to be a violation of
Code of
				  Ala. 1975
, §
									22-40A-1
et
seq
., and shall be
				  punishable as provided therein or by the Environmental Management Act.
Author:
James L. Bryant
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-40A-1
et
seq
.,
					 22-22A-1
et
seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-1 - GENERAL PROVISIONS › Section 335-4-1-.03 - Communications with the Department

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All correspondence such as: applications,
				registrations, certifications, and permits along with any supporting
				documentation including payment of any fees, as defined in 335-1, shall be
				completed and submitted electronically via the Department-approved electronic
				system.
(2) All applications,
				reports required by permits or registrations, or other information requested by
				ADEM shall be signed and completed electronically by a responsible official or
				by a duly authorized representative.
(3) Any person submitting an application or a
				report under 335-4 shall make the following certification:
"I certify under penalty of law that this document and all
				  attachments were prepared under my direction or supervision in accordance with
				  a system designed to assure that qualified personnel properly gather and
				  evaluate the information submitted. Based on my inquiry of the person or
				  persons who manage the system, or those persons directly responsible for
				  gathering the information, the information submitted is, to the best of my
				  knowledge and belief, true, accurate, and complete. I am aware that there are
				  significant penalties for submitting false information, including the
				  possibility of fine and imprisonment for knowing violations."
(4) Electronic submittal of reports,
				applications and other documents required under 335-4 may be sent to ADEM in
				accordance with
Code of Alabama 1975
, §
									8-1A-1
et
				seq
. The electronic submittal shall contain all required
				information and be formatted in an electronic file format approved by ADEM.
(a) Any document submitted electronically is
				assumed by ADEM to have been submitted on behalf of the responsible corporate
				official having responsibility to certify the submittal in
				335-4-1-.03(3).
(b) A written signature is not required for
				documents sent electronically. The applicant assumes the responsibility of
				assuring himself that any electronic document submitted on his behalf would
				have been certified by his written signature as required in
				335-4-1-.03(3).
(c) The receipt date for an electronic
				submittal shall be the date and time the document is received by ADEM as
				indicated by the computer software accepting the submission, in accordance with
Code of Alabama 1975
, §
										8-1A-15.
(d) All fees may be submitted electronically
				as provided by the Department.
(e)
				All governmental organizations, whether federal, state, or other local
				governing bodies, shall be exempt from the payment of the Scrap Tire
				Environmental Fee. These organizations shall comply with all provisions of
				these rules regarding the storage, transport, processing, cleanup, and disposal
				of scrap tires.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-1 - GENERAL PROVISIONS › Section 335-4-1-.04 - General

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Gender and Number
.
(a) Words in the masculine gender also
				include the feminine and neuter genders.
(b) Words in the singular include the
				plural.
(c) Words in the plural
				include the singular.