Ala. Admin. Code r. 335-3-6-.15

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

Section 335-3-6-.15 - Compliance Schedules

(EPA approval as used herein means final approval of this Chapter as part of the State Implementation Plan.)

(1)Process and Emission Control Equipment Installations.

(a) Except as provided under paragraphs (4) or (5) of this Rule, the owner or operator of a VOC emission source proposing to install and operate VOC emission control equipment and/or replacement process equipment to comply with this Chapter shall adhere to the increments of progress contained in the following schedule:

1. Final plans for the emission control system and/or process equipment must be submitted within three (3) months of EPA approval;

2. Contracts for the emission control system and/or process equipment must be awarded or orders must be issued for purchase of component parts to accomplish emission control within six (6) months of EPA approval;

3. Initiation of on-site construction or installation of the emission control and/or process equipment must begin within nine (9) months of EPA approval;

4. On-site construction or installation of the emission control and/or process equipment must be completed within fifteen (15) months of EPA approval;

5. Final compliance shall be achieved within sixteen (16) months of EPA approval.

(b) Any owner or operator of an emission source subject to the compliance schedule of this Rule shall certify to the Director in five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.

(2)Low Solvent Content Coating.

(a) Except as provided under paragraphs (4) or (5) of this Rule or under subparagraph (b) of this paragraph, the owner or operator of a VOC emission source proposing to employ low solvent content coating technology to comply with this Chapter shall adhere to the increments of progress contained in the following schedules:

1. Final plans for the application of low solvent content coating technology must be submitted within three (3) months of EPA approval;

2. Research and development of low solvent content coating must be completed within six (6) months of EPA approval;

3. Evaluation of product quality and commercial acceptance must be completed within one (1) year of EPA approval;

4. Purchase orders must be issued for low solvent content coatings and process modifications within fifteen (15) months of EPA approval;

5. Initiation of process modification must begin within seventeen (17) months of EPA approval;

6. Process modifications must be completed and use of low solvent content coatings must begin within twenty-two (22) months of EPA approval;

7. Final compliance shall be achieved within two (2) years of EPA approval.

(b) Where the Director determines that low solvent content coating technology has been sufficiently researched and developed for a particular application, the owner or operator of a VOC emission source proposing to comply with this Chapter through application of low solvent content coatings shall adhere to the increments of progress contained in the following schedule:

1. Final plans for the application of low solvent content coating technology must be submitted within three (3) months of EPA approval;

2. Evaluation of product quality and commercial acceptance must be completed within six (6) months of EPA approval;

3. Purchase orders must be issued for low solvent content coatings and process modifications within nine (9) months of EPA approval;

4. Initiation of process modifications must begin within eleven (11) months of EPA approval;

5. Process modifications must be completed and use of low solvent content coatings must begin within fifteen (15) months of EPA approval;

6. Final compliance shall be achieved within sixteen (16) months of EPA approval.

(c) Any owner or operator of a stationary source subject to the compliance schedule of this pargraph shall certify to the Director within five (5) days after the deadline for each increment of progress whether the required increment of progress has been met.

(3)Equipment Modification.

(a) Except as provided under paragraphs (4) or (5) of this Rule, the owner or operator of a VOC emission source proposing to comply with this Chapter by modification of existing processing equipment shall adhere to the increments of progress contained in the following schedule:

1. Final plans for process modification must be submitted within three (3) months of EPA approval;

2. Contracts for process modifications must be awarded or orders must be issued for the purchase of component parts to accomplish process modifications within five (5) months of EPA approval;

3. Initiation of on-site construction or installation of process modifications must begin within seven (7) months of EPA approval;

4. On-site construction or installation of process modifications must be completed within ten (10) months of EPA approval;

5. Final compliance shall be achieved within eleven (11) months of EPA approval.

(b) Any owner or operator of an emission source subject to the compliance schedule of this Rule shall certify to the Director within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.

(4)Alternative Compliance.

(a) Nothing in this Rule shall prevent the Director from approving a separate schedule for any source, if he finds that the application of a compliance schedule in paragraphs (1) through (3) above would be infeasible or impracticable.

(b) Nothing in this Rule shall prevent the owner or operator of a VOC source from submitting to the Director a proposed alternative compliance schedule provided:

1. the proposed alternative compliance schedule is submitted within three (3) months of EPA approval; and

2. the final control plans for achieving compliance with this Chapter are submitted simultaneously; and

3. the alternative compliance schedule contains the same increments of progress as the schedule for which it is proposed; and

4. sufficient documentation and certification from appropriate suppliers, contractors, manufacturers, or fabricators are submitted by the owner or operator of the VOC source to justify the dates proposed for the increments of progress.

(c) All alternative compliance schedules proposed or promulgated under this Rule shall provide for compliance of the VOC emission source with this Chapter as expeditiously as practicable, but not later than December 31, 1982.

(d) Any schedule approved under this paragraph may be revoked at any time if the source does not meet the increments of progress stipulated.

(5)Exception. Paragraphs(1) through (4) of this Rule will not apply to sources which are in compliance with this Chapter before June 1, 1979 and have determined and certified compliance to the satisfaction of the Director within three (3) months of EPA approval.

(6)Exception. Nothing in this Rule shall prevent the Director from approving a separate schedule for any source beyond December 31, 1982, provided:

(a) the source is located in an attainment or unclassifiable area, and

(b) the source is proposing to use innovative technologies, and

(c) the extension will not interfere with reasonable further progress in attaining the National Ambient Air Quality Standard.

Author: Wm. Gerald Hardy

Ala. Admin. Code r. 335-3-6-.15

Effective Date: November 26, 1979. Amended: Filed October 17, 1996; effective November 21, 1996.

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