Ala. Admin. Code r. 335-3-16-.14

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

Section 335-3-16-.14 - Off-Permit Changes

(1) Any change at a source holding an operating permit which is not addressed or prohibited in the federally enforceable terms and conditions of the permit may be designated by the owner or operator as an off-permit change, and may be made without revision to the federally enforceable terms and conditions of the operating permit, provided that the change:

(a) shall meet all applicable requirements;

(b) does not violate any federally enforceable permit term or condition;

(c) is not subject to any requirement or standard under Title IV of the Clean Air Act; and

(d) is not a modification under Title I.

(2) Designation of a change as state-only affects only the federal requirements for processing of the change under the federal operating permit program. The owner or operator must comply with all applicable state permitting and preconstruction review requirements. Any change designated as state-only will be treated as a permit revision under state permitting requirements and shall be processed in accordance with the administrative permit amendment provisions in Rule 335-3-16-.13(1) or the minor permit modification provisions in Rule 335-3-16-.13(3), except that the provisions of Rule 335-3-16-.13(3)(d) shall not apply.

(3) The owner or operator of any permitted source who plans to make a change meeting the criteria set forth in this Rule may submit a request that the Director process the change application as an off-permit change, in accordance with paragraph (2) of this Rule.

(4) Any application pertaining to a change designated by the applicant as an off-permit change shall be submitted by the applicant to EPA in fulfillment of the obligation to provide written notice, provided, that no change meeting the criteria for an insignificant activity or trivial activity is subject to the procedures set forth in this Rule.

Author: Richard E. Grusnick

Ala. Admin. Code r. 335-3-16-.14

New Rule: Filed November 23, 1993; Effective Date: December 28, 1993. Amended: Filed October 17, 1996; effective November 21, 1996.

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