Ala. Admin. Code r. 335-3-16-.11
Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-3-16-.11 - Exceptions To Violations Of Emissions Limits(1) The Director may, in the operating permit, exempt on a case-by-case basis exceedances of emission limits which cannot reasonably be avoided, such as during periods of start-up, shut-down or load change. For emission limits established by federal rules (e.g., NSPS, NESHAP, and MACT) exemptions may be granted only where provisions for such exemptions are contained in the applicable rule or its general provisions.(2)Emergency provision. (a) An "emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error.(b) Exceedances of emission limits during emergencies (as defined above) at a facility may be exempted from being violations provided that: 1. The permittee can identify the cause(s) of the emergency;2. At the time of the emergency, the permitted facility was being properly operated;3. During the period of the emergency the permittee took all reasonable steps to minimize levels of emissions that exceeded the emission standards, or other requirements in the permit;4. The permittee submitted notice of the emergency to the permitting authority within two (2) working days of the time when emission limitations were exceeded due to the emergency. Such notice shall include those deviations attributable to upset conditions as defined in the permit, the probable cause of said deviations, and any corrective actions or preventive measures that were taken. Within five (5) working days of the emergency, a written documentation what was reported in the notice of the emergency shall be submitted to the Department; and5. The permittee immediately documented the emergency exceedance in an "Emergency Log", which shall be maintained for five (5) years in a form suitable for inspection upon request by a representative of the Department.(c) The Director shall be the sole determiner of whether an emergency has occurred.(d) This provision is in addition to any emergency or upset provision contained in any applicable requirement.(e) An emergency constitutes an affirmative defense. Author: Richard E. Grusnick
Ala. Admin. Code r. 335-3-16-.11
New Rule: Filed November 23, 1993; Effective Date: December 28, 1993. Amended: Filed December 9, 1999; effective January 13, 2000.Statutory Authority:Code of Ala. 1975, §§ 22-22A-4, 22-22A-5, 22-22A-6, 22-22A-8.