Ala. Admin. Code r. 335-3-16-.07

Current through Register Vol. 42, No. 12, September 30, 2024

Section 335-3-16-.07 - Compliance Requirements

Permits shall contain the following elements with respect to compliance:

(a) Compliance certification, testing, monitoring, reporting, and record keeping requirements sufficient to assure compliance with the terms and conditions of the permit. Any document [including reports submitted by the source (permittee)] that is required in a permit shall contain a certification by a responsible official that meets the requirements of Rule 335-3-16-.04(9).

(b) Inspection and entry requirements that mandate that, the permittee shall allow the Department or an authorized representative, upon presentation of credentials and other documents that may be required by law, to conduct the following:

1. Enter upon the permittee's premises where a source is located or emissions-related activity is conducted, or where records must be kept pursuant to the conditions of a permit;

2. Review and/or copy, at reasonable times, any records that must be kept pursuant to the conditions of a permit;

3. Inspect at reasonable times any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required pursuant to a permit; and

4. Sample or monitor at reasonable times substances or parameters for the purpose of assuring compliance with the permit or other applicable requirements.

(c) A schedule of compliance consistent with Rule 335-3-16-.04(8)(h).

(d) Progress reports consistent with an applicable schedule of compliance and Rule 335-3-16-.04(8)(h) to be submitted at least semiannually, or at a more frequent period if specified in the applicable requirement or by the Department. Such progress reports shall contain the following:

1. Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and/or dates when such activities, milestones or compliance were achieved; and

2. An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted.

(e) Requirements for compliance certification with terms and conditions contained in the permit, including emission limitations, standards, or work practices. Permits shall include each of the following:

1. The frequency of submissions of compliance certifications, which shall be at least annually unless more frequent periods are specified according to the specific rule governing the source or required by the Department.

2. A means for monitoring the compliance of the source with its emissions limitations, standards, and work practices in accordance with Rule 335-3-16-.05(c);

3. A requirement that the compliance certification include the following:

(i) The identification of each term or condition of the permit that is the basis of the certification;

(ii) The compliance status;

(iii) Whether compliance has been continuous or intermittent;

(iv) The method(s) used for determining the compliance status of the source, currently and over the reporting period consistent with Rule 335-3-16-.05(c); and

(v) Such other facts as the Department may require to determine the compliance status of the source;

4. A requirement that all compliance certifications be submitted to the Administrator as well as to the Department; and

5. Such additional requirements as may be specified pursuant to Sections 114(a)(3) and 504(b) of the Act.

(f) Such other provisions as the Department may require.

Author: Richard E. Grusnick

Ala. Admin. Code r. 335-3-16-.07

New Rule: Filed November 23, 1993; Effective Date: December 28, 1993. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed August 3, 2000; effective September 7, 2000.

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