(a) As
provided in Health and Safety Code section
39666(f), the
Owner or Operator may
submit to the
District alternative method(s) that will
achieve an equal or greater amount of reductions in
Hexavalent Chromium
emissions and equal or greater reductions in risk than would be achieved by
direct compliance with the requirements of section
93102.4(c)(1)
related to Chemical Fume Suppressants and section
93102.4(f)(2).
(b) To request approval of alternative
method(s) of compliance, the Owner or Operator shall submit a request to the
District as required by Appendix 1. The request must include the information
listed in Appendix 8.
(c) The
District shall notify the
Owner or Operator in writing whether the request for
the alternative method(s) of compliance is approved, disapproved, or
incomplete. The
District shall notify the
Owner or Operator in writing if an
approved alternative method is revoked.
(1)
If the District determines that the request is incomplete, the District shall
issue a notice of deficiency in writing to the Owner or Operator. The Owner or
Operator shall submit a revised compliance plan that addresses the identified
deficiencies as required by Appendix 1.
(2) The
District shall approve the proposed
alternative method(s) if the
Owner or Operator submits a request as required by
in Appendix 1 that includes the information listed in Appendix 8 and
demonstrates the requirements in subsections (A)-(D) are satisfied. The
approval shall specify the requirement(s) that are approved to be replaced with
the alternative compliance method(s).
(A) The
method(s) will achieve equal or greater amounts of reductions in emissions of
Hexavalent Chromium than the requirement(s) they propose to replace;
(B) The method(s) will achieve equal or
greater reductions in risks associated with emissions of Hexavalent Chromium
than the requirement(s) they propose to replace;
(C) The reductions will be achieved within
the time period required by the requirement(s) they propose to replace;
and
(D) The emission reductions
that will be achieved by the alternative method(s) are Enforceable.
(3) The District shall deny the
request for the alternative method(s) of compliance if the request was not
submitted as required in Appendix 1, does not contain all information and
documentation required by Appendix 8, or does not demonstrate that all of the
criteria in subsections (c)(2)(A) through (D) are met.
(4) The District shall revoke approval of the
alternative method(s) if the Facility fails to adequately implement the
approved alternative method(s) or if subsequent Source Tests or monitoring
demonstrate that the alternative method(s) do not reduce emissions and risk as
required.
(d) A
Facility
operating under an approved alternative method(s) is exempted from the
requirement(s) identified in the approval as being replaced with the
alternative compliance method(s) but shall comply with all other applicable
requirements of
this ATCM, including the applicable
Source Test requirements in
section
93102.7.
(e) The
District shall provide
CARB with
copies of the notice for all determinations it proposes to issue pursuant to
section
93102.14(c). The
information shall be provided prior to issuing the notice of the determination.
At
CARB's request, the
District shall provide the
Owner or Operator's
request(s) submitted pursuant to section
93102.14(b) to
CARB.
Notes
Cal. Code Regs. Tit. 17, §
93102.14
Note: Authority cited: Sections
39600,
39601,
39650,
39658,
39659,
39666 and
41511, Health and Safety Code.
Reference: Sections
39650,
39658,
39659,
39665,
39666 and
41511, Health and Safety Code; and
40 Code of Federal Regulations Part 63 Subpart N.
Note: Authority cited: Sections
39600,
39601,
39650,
39658,
39659,
39666
and
41511,
Health and Safety Code. Reference: Sections
39650,
39658,
39659,
39665,
39666
and
41511,
Health and Safety Code; and 40 CFR Part 63 Subpart
N.
1. Renumbering and
amendment of former subsection 93102(k) to new section 93102.14 filed
9-24-2007; operative 10-24-2007 (Register 2007, No. 39).
2.
Amendment of section heading, section and NOTE filed 12-28-2023; operative
1/1/2024 pursuant
to Government Code section
11343.4 (Register
2023, No. 52).
