Ala. Admin. Code r. 335-3-16-.04 - Permit Application Requirements

(1) Upon becoming subject to this Administrative Code, a source must submit an application, as described in this Rule within 12 months. The Director may require some sources to submit their applications earlier than 12 months after the Rules in this Chapter become applicable if it is determined that an earlier submittal is necessary to satisfy the requirements in Rule 335-3-16-.12(1). The Department shall notify any emission source that must submit early applications at least one year in advance of the date the submittal is due.
(2) Sources subject to Rule 335-3-14-.06 or subject to preconstruction review under Title I of the Act must apply for a permit under this Chapter within 12 months after commencing operation, except, when an existing permit issued under this Chapter prohibits construction or a change in operation, a permit revision must be obtained before commencing operation.
(3) Renewal. An application for renewal shall be submitted at least six (6) months before the date of permit expiration, unless a longer period (not to exceed 18 months) is specified in the permit.
(4) Applications for initial phase II acid rain permits shall be submitted by January 1, 1996 for sulfur dioxide (SO2) and by January 1, 1998 for nitrogen oxides (NOx).
(5) Complete application. Unless the Department notifies the permit applicant in writing that the application is not complete, the application is considered complete 60 days after receipt by the Department. If, while processing the application, the Department determines that more information is needed to evaluate the application, the applicant must submit such information within 30 days or for such other reasonable time as set by a written request(s) by the Department.
(6) A source may operate without a permit under this Chapter between the date the application has been deemed complete and the date the final permit is issued, provided that the applicant submits any requested additional material by the deadline(s) specified by the Department.
(7) Duty to supplement or correct an application. A source must submit additional information to the Department to supplement or correct an application promptly after becoming aware of the need for additional or corrected information. Also, a source must supply to the Department additional information concerning any new requirements which have become applicable after a complete application has been filed but before a draft permit is released.
(8) Standard application form and required information. The following information shall be included in an application by a source for a permit under this Chapter:
(a) Identifying information, including company name and address (or plant name and address if different from the company name), owner's name and agent, and telephone number and names of plant site manager/contact;
(b) A description of the source's processes and products (by four-digit Standard Industrial Classification Code), including any processes and products associated with each alternate scenario that is identified by the source and a list of insignificant sources and the basis for the determination(s);
(c) The following emissions-related information:
1. A list of all emissions of pollutants for which the source is considered to be major and a list of all emissions of regulated air pollutants. The permit application shall describe all emissions of regulated air pollutants emitted from any emissions unit, except where such units are exempted under this Rule. The source shall submit additional information related to the emissions of air pollutants sufficient to verify which requirements are applicable to the source, and other information necessary to determine the amount of any permit fees owed under the fee schedule approved pursuant to Rule 335-1-7-.04 of the ADEM Administrative Code;
2. Identification and description of all points of emissions described in subparagraph (c)l. of this paragraph in sufficient detail to establish the basis for fees and the applicability of the requirements of this chapter;
3. Emissions rates of all pollutants in tons per year (tpy) and in such terms as are necessary to establish compliance consistent with the applicable standard reference test method, or alternative method approved by the Department's Director;
4. The following information to the extent it is needed to determine or regulate emissions: fuels to be used, rate of fuel use, raw materials that will be used in the production process, production rates, and operating schedules;
5. Identification and description of all air pollution control equipment and compliance monitoring devices or activities that will be used by the source;
6. Limitations that will be placed on the source's operation so as to affect emissions or any work practice standards that will be implemented, where applicable, for all regulated pollutants.
7. Other information that may be required to address other applicable requirements (including, but not limited to, information relating to stack height limitations developed pursuant to Section 123 of the Act).
8. Calculations on which the information in subparagraphs 1. through 7. above are based.
9. Trivial and insignificant activities.
(i) Insignificant activities shall not necessarily be listed in permits, issued pursuant to the provisions of this Chapter, provided they are listed in the permit application, and they are not expected to violate any generally applicable requirements listed in the permit.
(ii) Trivial activities shall not be subject to the provisions of this Chapter.
(d) The following air pollution control requirements:
1. Citations and descriptions of all applicable statutory and administrative code requirements, and
2. A description of or reference to any applicable test methods for determining compliance with each applicable statutory or administrative code requirement.
(e) Other information that may be required by the Department to enforce and implement other requirements of this Chapter;
(f) An explanation of all proposed exemptions from otherwise applicable requirements;
(g) Additional information determined by the Department to be necessary to define alternative operating scenarios that are identified by the source pursuant to Rule 335-3-16-.05(1), or to define permit terms or conditions implementing Rule 335-3-16-.05(m) or Rule 335-3-16-.14.
(h) A compliance plan for the source that contains the following:
1. A description of the compliance status of the source with respect to all applicable requirements and a compliance schedule.
2. A statement that the source will continue to comply with all regulatory requirements that it is now in compliance with;
3. A statement that the source will, on a timely basis, meet such requirements that will become effective during the permit term unless a more detailed schedule is expressly required by the applicable requirement;
4. A narrative description of how the source will achieve compliance with requirements for which the source is not in compliance at the time of permit issuance with a compliance schedule for the source. Any schedule shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirements for which the source will be in noncompliance at the time of permit issuance. The compliance schedule shall be at least as stringent as any compliance schedule that is contained in any judicial consent decree or administrative order to which the source is subject. Any schedule of compliance shall be supplemental to, and shall not sanction non-compliance with, the applicable requirements on which it is based.
5. A schedule for submission of certified progress reports no less frequently than every 6 months for sources required to have a schedule of compliance to remedy a violation.
6. The compliance plan content requirements specified in this paragraph shall apply and be included in the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations promulgated under Title IV of the Act with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations.
(i) A compliance certification, including the following:
1. A certification of compliance with all applicable requirements by a responsible official consistent with paragraph (9) of this Rule and Section 114(a)(3) of the Act, as it relates to the enhanced monitoring requirements;
2. A statement of methods used for determining compliance, including a description of monitoring, record keeping, and reporting requirements and test methods;
3. A schedule for submission of compliance certifications during the permit term, which shall be submitted annually, or more frequently if required by the underlying applicable requirement or by the Department; and
4. A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements of the Act.
(j) The use of nationally-standardized forms for acid rain portions of permit applications and compliance plans as required by regulations promulgated under Title IV of the Act.
(9) Certification of truth, accuracy and completeness. Any application form, report, or compliance certification submitted pursuant to this Administrative Code shall contain certification by a responsible official of truth, accuracy, and completeness. This Certification and any other certification required under this Chapter shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

Authors: Richard E. Grusnick, Ronald W. Gore


Ala. Admin. Code r. 335-3-16-.04
New Rule: Filed November 23, 1993; effective date: December 28, 1993. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed February 20, 1998; effective March 27, 1998. Amended: Filed August 3, 2000; effective September 7, 2000. Amended: Filed February 7, 2002; effective March 14, 2002.

Statutory Authority: Code of Ala. 1975, ยงยง 22-22A-4, 22-22A-5, 22-22A-6, 22-22A-8.

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