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-.02 - General Provisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any
				Potential Major Source operating without an Air Permit, an Operating Permit or
				a Synthetic Minor Operating Permit may continue to operate (or may restart)
				only if its owner or operator obtains a Synthetic Minor Operating Permit or an
				Operating Permit prior to a date to be set by the Director (or prior to
				restarting).
(2)
Display of Synthetic Minor Operating Permit
. A person
				who has been granted a Synthetic Minor 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. In addition,
				the Director may rule that a particular article, machine, equipment, or other
				contrivance is subject to the application of this Rule even though it is exempt
				from the system according to Rule
				335-3-15-.03. 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
				Department may issue a Synthetic Minor 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 a Synthetic Minor Operating Permit shall be deemed
				acceptance of all the conditions specified. The Department shall issue a
				Synthetic Minor 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 these rules and regulations
				require a permit shall provide and maintain such sampling and testing
				facilities as specified in the Synthetic Minor Operating Permit.
(6)
Transfer
. A
				Synthetic Minor 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.
(7)
Delegation of Synthetic Minor
				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 335-3-15 within their jurisdiction
				provided the local air pollution control program:
1. Adopts regulations which will insure that
				applicants are required to satisfy the same requirements contained in the
				Department's regulations; and
2.
				Adopts regulations which will require that the Department be provided with an
				opportunity to review the permit application, the analysis of the permit, and
				proposed permit conditions at least 10 days prior to issuance of a Synthetic
				Minor Operating Permit.