Ala. Admin. Code r. 335-3-16-.08 - General Permits
(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.
(4) The Department may issue a general permit if it finds that:
(a) there are several permittees or permit applicants who have the same or substantially similar operations, emissions, activities, or facilities;
(b) the permittees or permit applicants emit the same types of regulated air pollutants;
(c) the operations, emissions, activities, or facilities are subject to the same or similar standards, limitations, and operating requirements; and
(d) the operations, emissions, activities, or facilities are subject to the same or similar monitoring requirements.
(5) A general permit issued under this Rule shall identify criteria by which sources may qualify for the general permit. After a general permit has been issued, any source may submit a request to be covered under the permit.
(a) A request for coverage under a general permit shall identify the source and provide information sufficient to demonstrate that it falls within the source category covered by the general permit, together with any additional information that may be specified in the general permit.
(b) A final action approving a request for coverage under a general permit shall not require repeating the public participation procedures.
(6) A copy of the general permit, together with a list of sources approved for coverage under it, shall be kept on file for public review at the Department's office in Montgomery.
(7) If some, but not all, of a source's operations, activities, and emissions are eligible for coverage under one or more general permits, the source may apply for and receive coverage under the general permits for the operations, activities, and emissions that are so eligible. If the source is required under Rule 335-3-16-.04 to obtain a permit addressing the remainder of its operations, activities, and emissions, it may apply for and receive a permit that addresses specifically only those items not covered by general permits. In such a case, the source's permit shall identify all operations, activities, and emissions that are subject to general permits and incorporate those general permits by reference or use this for General Permits instead of paragraphs (1) - (6) above.
(8) If a source that is covered by a general permit is later determined to have not qualified for such general permit, the source shall have been operating without an operating permit.
Author: Richard E. Grusnick
Statutory Authority: Code of Ala. 1975, §§ 22-22A-4, 22-22A-5, 22-22A-6, 22-22A-8.
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