Ala. Admin. Code r. 335-3-12-.04

Current through Register Vol. 42, No. 11, August 30, 2024

Section 335-3-12-.04 - Alternate Monitoring And Reporting Requirements

(1) Alternative monitoring and reporting requirements may be approved by the Director on a case-by-case basis, provided the following statements and explanations are contained in a written request to the Director:

(a) the basis or reason that alternative monitoring and reporting requirements are desirable and necessary;

(b) a proposal of alternative monitoring and reporting requirements;

(c) any other information needed by the Director to make a determination of the desirability of alternative requirements.

(2) Request for alternative monitoring and reporting requirements may be made in certain situations, including, but not limited to, the following:

(a) when installation of a continuous monitoring system or device required by this Chapter would not provide accurate determinations of emissions;

(b) when the affected facility is operated less than thirty (30) days per year;

(c) when effluents from two (2) or more sources of significantly different design and operating characteristics are combined before release to the atmosphere or when the effluent from one source is released to the atmosphere through more than one (1) point;

(d) when the Director determines that the requirements prescribed by this Chapter would impose an extreme economic burden on the source owner or operator. The determination of an extreme economic burden shall be made on the basis of whether meeting the requirements prescribed by this Chapter would produce serious hardship without equal or greater benefit to the public;

(e) when the monitoring systems prescribed by this Chapter cannot be installed due to physical limitations at the facility. The determination of such limitations shall be made on the basis of whether meeting the requirements prescribed by this Chapter would necessitate significant reconstruction of the facility.

(3) The Director may require the submission of additional information as he deems appropriate to evaluate the request for alternative requirements. Upon making a determination that the source should be subject to alternative monitoring and reporting requirements, the Director may approve either the proposed alternative monitoring and reporting requirements or any other monitoring and reporting requirements that he deems appropriate and feasible.

Author: Ronald W. Gore

Ala. Admin. Code r. 335-3-12-.04

Effective Date: October 26, 1976. Amended:

Statutory Authority:Code of Ala. 1975, §§ 22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.