Alabama Air Permitting Issues
Written October 17, 2019
State operating permits are required for all facilities capable of emitting pollutants. Construction permits are required ten days prior to undertaking any building, alteration, or replacement activities which may result in the emission of pollutants. State regulations require that any source that plans to construct or modify equipment or a process that has the potential to emit air contaminants apply for a permit from the Air Division. A "source" has been defined as "any building, structure, facility, installation, article, machine, equipment, device, or other contrivance which emits or may emit any air contaminant."
Division 3 regulations require air emission sources to comply with all applicable regulations whether or not they have been issued a permit by the Air Division. The Air Division has not established a list of source types or sizes that are exempt from permitting. The Air Division determines, on a case by case basis, whether or not an air quality permit is necessary. However, certain thresholds have been established level that specify which sources must obtain certain types of air quality permits. These are considered "major source thresholds".
There are two permitting programs that have major source thresholds established: Title V Major Source Operating Permit Program and New Source Review/Prevention of Significant Deterioration Program. The state does have a Title V permit program in place. Sources with the potential to emit more than 100 tons of VOC per year, or 10 tons of one hazardous air pollutant (HAP) or 25 tons of a combination of HAPs are required to apply for a Title V permit.
The state's program does contain provisions for a synthetic minor designation. Synthetic minors are those facilities whose actual emissions do not exceed 50% of any major source threshold. In Alabama, facilities with actual emissions of 50 tons of VOC per year and/or 5 tons of one hazardous air pollutant or 12.5 tons of a combination of hazardous air pollutants would qualify for this type of operating permit. Facilities receiving either a synthetic minor or Title V permit are not required to obtain a state operating permit.
Division 3 regulations require air emission sources to comply with all applicable regulations whether or not they have been issued a permit by the Air Division. The Air Division has not established a list of source types or sizes that are exempt from permitting. The Air Division determines, on a case by case basis, whether or not an air quality permit is necessary. However, certain thresholds have been established level that specify which sources must obtain certain types of air quality permits. These are considered "major source thresholds".
There are two permitting programs that have major source thresholds established: Title V Major Source Operating Permit Program and New Source Review/Prevention of Significant Deterioration Program. The state does have a Title V permit program in place. Sources with the potential to emit more than 100 tons of VOC per year, or 10 tons of one hazardous air pollutant (HAP) or 25 tons of a combination of HAPs are required to apply for a Title V permit.
The state's program does contain provisions for a synthetic minor designation. Synthetic minors are those facilities whose actual emissions do not exceed 50% of any major source threshold. In Alabama, facilities with actual emissions of 50 tons of VOC per year and/or 5 tons of one hazardous air pollutant or 12.5 tons of a combination of hazardous air pollutants would qualify for this type of operating permit. Facilities receiving either a synthetic minor or Title V permit are not required to obtain a state operating permit.