24.0527 Compliance plans and certifications.

Cite as [A.S.A.C. § 24.0527]

A compliance plan and compliance certification shall be submitted with each permit application, at such times as requested by the Commission and as otherwise required by subsections (a)(1) and (a)(2) of this rule.

(1) The compliance plan required by this rule shall be submitted by the owner or operator of an air emissions source and shall include at a minimum the following information:

(A) A description of the compliance status of the existing air pollution emission source or proposed source with respect to the applicable requirements, and the following statement or description and compliance schedule for expeditiously achieving compliance, as applicable:

(i) For applicable requirements with which the source is in compliance, a statement that the source is in compliance with all applicable requirements and will continue to comply with such requirements;

(ii) For applicable requirements which become applicable during the permit term, a statement that the source will meet all such applicable requirements on a timely basis. The statement shall include documentation on the proposed method the owner or operator will use to obtain compliance and a compliance schedule demonstrating that the source will expeditiously achieve compliance with such applicable requirement by the date specified in the applicable requirement. A detailed schedule for compliance shall be provided if required by the applicable requirement.

(iii) For applicable requirements with which the source is not in compliance, a narrative description of how the source will achieve compliance and a detailed compliance schedule containing specific milestones of remedial measures to expeditiously achieve compliance. The compliance schedule shall supplement and shall not sanction noncompliance with the applicable requirements on which the schedule is based.

(B) If a compliance plan is to remedy a violation, a progress report certified pursuant to section 24.0504 shall be submitted no less frequently than annually and shall include:

(i) Dates for achieving the activities, milestones, or compliance and dates when such activities, milestones or compliance were achieved;

(ii) 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.

(2) The compliance certifications required by this rule shall be submitted annually and with each permit application by a responsible official of the emissions source. The responsible official shall certify that the compliance certification is true, accurate and complete. Such certifications shall include:

(A) For certifications submitted with permit applications, a detailed description of the methods to be used in determining compliance with all applicable requirements and a statement indicating the source’s compliance status with any applicable enhanced monitoring and compliance certification requirements, including the requirements of Section 114(a)(3) of the Clean Air Act or any applicable enhanced monitoring and analysis provisions of Section 504(b) of the Clean Air Act;

(B) For annual compliance certifications and those requested by the Commission, the identification of each term or condition of the permit that is the basis of the certification; the source’s compliance status currently and over the reporting period; a description of the methods used for determining compliance status currently and over the reporting period; and a compliance plan submitted in accordance with subsection (1) of this section.

History: 2005