Ala. Admin. Code r. 335-3-16-.05 - Permit Content

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.

(b) Duration of Operating Permits.

1. The Department shall issue permits for a fixed period of five years, except as provided in subparagraph (b)2. below.

2. Solid waste incineration units combusting municipal waste subject to standards under Section 129(e) of the Act shall have a fixed term not to exceed 12 years. However, said permits shall be reviewed every five years.

3. Permits which are issued for new emission units before the units become operational shall be effective for five years after operation of the unit commences.

(c) Monitoring and record keeping requirements.

1. Permits shall contain the following requirements with respect to monitoring:

(i) All emissions monitoring and analysis procedures or test methods required under the applicable requirements, including any procedures and methods promulgated pursuant to Sections 114(a)(3) or 504(b) of the Act;

(ii) Where the applicable requirement does not require periodic testing or instrumental or non-instrumental monitoring (e.g. record keeping designed to serve as monitoring), periodic monitoring sufficient to yield reliable data from the relevant time period that is representative of the source's compliance with the permit, as reported pursuant to subparagraph (c) of this paragraph. Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement. In certain instances record keeping provisions may be sufficient to meet the requirements of this paragraph; and

(iii) As necessary, information concerning the use, maintenance, and, where appropriate, installation of monitoring equipment or methods.

2. With respect to record keeping, the permit shall incorporate all requirements of this Chapter and require, where appropriate, the following:

(i) Records of required monitoring information of the source that include the following:

(I) The date, place as defined in the permit, and time of all sampling or measurements;

(II) The date(s) analyses were performed;

(III) The company or entity that performed the analyses;

(IV) The analytical techniques or methods used;

(V) The results of all analyses; and

(VI) The operating conditions that existed at the time of sampling or measurement;

(ii) Retention of records of all required monitoring data and support information of the source for a period of at least 5 years from the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation and copies of all reports required by the permit.

3. Permits shall incorporate all reporting requirements of this Chapter and require the following:

(i) The source to submit reports to the Department of any required monitoring at least every 6 months. All instances of deviations from permit requirements must be clearly identified in said reports. All required reports must be certified by a responsible official consistent with Rule 335-3-16-.04(9).

(ii) The source to report deviations from permit requirements within 2 working days of such deviations, including those 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.

(d) Permits shall contain statements to the effect that emissions exceeding any allowances that the source lawfully holds under Title IV of the Act or the regulations promulgated thereunder are prohibited. Furthermore, the following shall be applicable:

1. No permit revision shall be required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, provided that such increases do not require a permit revision under any other applicable requirement.

2. No limit shall be placed on the number of allowances held by the source. The source may not, however, use allowances as a defense to noncompliance with any other applicable requirement.

3. Any such allowance shall be accounted for according to the procedures established in regulations promulgated pursuant to Title IV of the Act.

(e) Permits shall include a severability clause for the purpose of continuation of a permit in the event a portion(s) of the permit is successfully challenged in a legal forum.

(f) Permits shall contain a provision that states that the source (permittee) must comply with all conditions of this Administrative Code: Noncompliance with a permit will constitute a violation of the Act and this Administrative Code and may result in an enforcement action; including but not limited to, permit termination, revocation and reissuance, or modification; or denial of a permit renewal application by the source.

(g) Permits shall contain a provision that states the source (permittee) shall not use as a defense in an enforcement action, that maintaining compliance with conditions of the permit would have required halting or reducing the permitted activity.

(h) Permits shall contain a provision that states that the permit may be modified, revoked, reopened, and reissued, or terminated for cause. The filing of a request by the source (permittee) for a permit modification, revocation and reissuance, or termination, or of a notification of planned changes or anticipated noncompliance will not stay any permit condition.

(i) Permits shall contain a provision that states that no property rights of any sort, or any exclusive privilege are conveyed through the issuance of the permit.

(j) Permits shall contain a provision that states that the source (permittee) shall furnish to the Department, within 30 days or for such other reasonable time as the Department may set, any information that the Department may request in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit. Upon receiving a specific request, the permittee shall also furnish to the Department copies of records required to be kept by the permit.

(k) Permits shall state that no permit revision shall be required, under any approved economic incentives, marketable permits, emissions trading and other similar programs or processes for changes that are provided for in the permit.

(l) The permit shall contain a provision that quantifies the terms and conditions for reasonably anticipated alternative operating scenarios that were identified by the source in its application and are acceptable to the Department. The alternative operating scenarios terms and conditions shall:

1. Require the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted facility a record of the scenario under which it is operating;

2. Ensure that the terms and conditions of each such alternative scenario meet all applicable requirements and the requirements of this Chapter.

(m) The permit shall contain terms and conditions, if specifically requested by the applicant, which authorize the trading of emissions increases and decreases in the permitted facility solely for the purposes of complying with a federally enforceable emissions cap that is established in the permit independent of otherwise applicable requirements, to the extent that the applicable requirements provide for trading such increases and decreases without a case-by-case approval of each emissions trade.

1. Such terms and conditions:

(i) Shall include all terms required under Rule 335-3-16 -.05 and Rule 335-3-16-.07 to determine compliance;

(ii) May extend the permit shield described in Rule 335-3-16-.10 to all terms and conditions that allow such increases and decreases in emissions; and

(iii) Must meet all applicable requirements and requirements of this Chapter.

2. All requests for emissions trading under this Rule shall include proposed replicable procedures and permit terms that ensure the emissions trades are quantifiable and enforceable. Such requests shall also include sufficient proposed monitoring, recordkeeping, and reporting as necessary to ensure compliance with all applicable requirements. The applicant shall provide written notice of requests for emissions trading under this Rule to the Department and EPA at least 7 days prior to the anticipated change. The notice shall state when the change would occur and shall describe the changes in emissions that would result and how these increases and decreases in emissions would comply with the terms and conditions of the permit.

Authors: Richard E. Grusnick, Ronald W. Gore

Notes

Ala. Admin. Code r. 335-3-16-.05

New Rule: Filed November 23, 1993; Effective Date: December 28, 1993. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed August 3, 2000; effective September 7, 2000. Amended: Filed February 7, 2002; March 14, 2002.

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