Cal. Code Regs. Tit. 17, § 93102.14 - Procedure for Establishing Alternative Method(s) of Compliance
(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
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.
2. Amendment of section heading, section and NOTE filed 12-28-2023; operative
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(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
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.
2. Amendment of section heading, section and NOTE filed 12-28-2023; operative