Alabama Administrative Code Chapter 335-3-2 — Air Pollution Emergency

335 Alabama Department of Environmental Management

Ala. Admin. Code r. 335-3-2-.01 Air Pollution Emergency

The Director is authorized and empowered to enforce or require enforcement of any provisions of this Chapter throughout the State of Alabama.

History

• Author: James W. Cooper, John E. Daniel
• Authority: Code of Ala. 1975, §§22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.
• Effective Date: January 18, 1972. Amended:

Ala. Admin. Code r. 335-3-2-.02 Episode Criteria

When the Director determines that conditions justify the proclamation of an air pollution episode stage, due to the accumulation of air contaminants in any place within the State, attaining levels which could, if sustained or exceeded, lead to a substantial threat to the health of persons, he shall be guided by the following criteria:

(a) Episode stages shall be determined and declared upon the basis of average concentrations recorded at any monitoring station in the State.

(b) If contamination and meteorology warrant, any advanced episode stage may be declared by the Director without first declaring a lesser degree of Alert or Watch. The Director shall, at his discretion, declare a lesser stage, the termination or the continuance of the advanced episode stage during such times when contamination and meteorological conditions moderate significantly after an advanced episode stage has been declared.

(c) Episode Watch. The Director shall declare an Episode Watch when one or more of the following events takes place:

1. An Atmospheric Stagnation Advisory is issued by the National Weather Service, stating that atmospheric conditions marked by a slow moving high pressure system, light winds, and temperature inversions are expected to affect the State of Alabama or portions thereof for the next thirty-six (36) hours.

2. A forecast by local meteorologist that stagnant atmospheric conditions as described above could result in high air pollution levels in Alabama or portions thereof.

3. Validated reports of abnormally high air pollution measurements, specifically, reaching or exceeding fifty percent (50%) of the Alert level of paragraph (4) of this Rule for at least three (3) consecutive hours at a given locality in the State.

(d) Alert. The Director shall declare an Alert when any one of the following contaminant concentrations is measured at any monitoring site and when adverse meteorological conditions can be expected to remain at these levels or higher for the next twelve (12) hours or more unless control measures are taken:

1. Sulfur Dioxide. Measured by a continuous reference method analyzer or equivalent.

24-hour average, 0.30 ppm (800 ug/m3)

2. PM10. Measured by a PM10 sampler, 24 hour accumulation.

24-hour average, 350 ug/m³

3. Carbon Monoxide. Measured by a continuous reference method analyzer or equivalent.

8-hour average, 15 ppm (17 mg/m³)

4. Nitrogen Dioxide. Measured by a continuous reference method analyzer or equivalent.

24-hour average, 0.15 ppm (282 ug/m³)

or 1-hour average, 0.6 ppm (1130 ug/m³)

5. Ozone. Measured by a continuous reference method analyzer or equivalent.

1-hour average, 0.15 ppm (295 ug/m³)

(e) Warning. A Warning shall be declared by the Director when the concentrations of any of the following air contaminants measured at any monitoring site reach the following levels, and when adverse meteorological conditions can be expected to remain at these levels or higher for the next 12 hours or more unless control measures are taken:

1. Sulfur Dioxide. Measured by a continuous reference method analyzer or equivalent.

24-hour average, 0.6 ppm (1600 ug/m³)

2. PM10 . Measured by a PM10 sampler, 24-hour accumulation.

24-hour average, 420 ug/m³

3. Carbon Monoxide. Measured by a continuous reference method analyzer or equivalent.

8-hour average, 30 ppm (34 mg/m³)

4. Nitrogen Dioxide. Measured by a continuous reference method analyzer or equivalent.

24-hour average, 0.30 ppm (565 ug/m³)

1-hour average, 1.20 ppm (2260 ug/m³)

5. Ozone. Measured by a continuous reference method analyzer or equivalent.

1-hour average, 0.40 ppm (800 ug/m³)

(f) Emergency. An Emergency shall be declared by the Director when the following concentrations of air contaminants have been reached or when meteorological conditions can be expected to reach or exceed these levels at any monitoring site in the State for a period of twelve (12) hours or more unless control actions are taken:

1. Sulfur Dioxide. Measured by a continuous reference method analyzer or equivalent.

24-hour average, 0.8 ppm (2100 ug/m³)

2. PM10. Measured by a PM10 sampler, 24-hour 1 0 accumulation.

24-hour average, 500 ug/m³

3. Carbon monoxide. Measured by a continuous reference method analyzer or equivalent.

8-hour average, 40 ppm (46 mg/m³)

4. Nitrogen Dioxide. Measured by a continuous reference method analyzer or equivalent.

24-hour average, 0.40 ppm (750 ug/m³)

1-hour average, 1.60 ppm (3000 ug/m³)

5. Ozone. Measured by a continuous reference method analyzer or equivalent.

1-hour average, 0.50 ppm (1000 ug/m³)¹

(g) Termination.

1. The status reached by application of the Episode Criteria of this Rule shall remain in effect until the criteria for that level is no longer met. At such time, the next lower status will be assumed and such changes declared by the Director. Specifically:

(i) When ambient contaminant concentrations fall below the critical levels for the stage, and a downward trend of concentrations is established; and

(ii) When meteorological conditions that attended the high concentrations are no longer called for in official weather predictions.

2. A public declaration will take on one of the following forms:

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¹(Revised March 30, 1976)

(i) Terminate "Emergency Status", resume "Warning Status" or "Alert Status", whichever is appropriate;

(ii) Terminate "Warning Status", resume "Alert Status", or stage;

(iii) Terminate "Episode Status".

3. Upon termination of an "Episode Status", the Air Division will remain on internal "Episode Watch" until a return to normal operation is announced by the Director.

(h) Status Declaration Authority. The Director of the Alabama Department of Environmental Management, or his duly authorized agent, shall have the authority to make an announcement of internal Episode Watch and public declarations of Alert, Warning, and Emergency Status.

History

• Author: James W. Cooper, John E. Daniel
• Authority: Code of Ala. 1975, §§22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.
• Effective Date January 18, 1972. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed August 3, 2000; effective September 7, 2000.

Ala. Admin. Code r. 335-3-2-.03 Special Episode Criteria

(1) The Director shall have the authority to declare episodic conditions when the atmospheric concentration of a single contaminant or that of a specific locality within the State show elevated concentrations.

(2) Specific Pollutant Situation. When concentrations of one or two contaminants reach or exceed the defined criteria levels, and concentration of other contaminants remain substantially below 50 percent of Alert levels, and meteorological conditions are such that these specific contaminant concentrations can be expected to remain at the above levels for 12 hours or more or increase unless control action is taken, a Specific Alert, Warning, or Emergency Status shall be declared by the Director, naming the contaminants that meet the respective criteria. In such instances when two such contaminants meet different criteria, the Director shall declare the status for the episode having the higher level and that an Episode Watch is being maintained on the remaining contaminant.

(3) Specific Locality Situation. When high concentrations of one or more contaminants are measured at one monitoring site and not others and the effect is Judged to originate from an identifiable source near the given site, the Director shall declare the appropriate local Alert, Warning, or Emergency Status for the delineated area and that an Episode Watch is in effect for any remaining portion of the jurisdictional area while meteorological conditions favor the maintenance or increase of said high concentration for at least twelve (12) hours or more unless control action is taken.

History

• Author: James W. Cooper, John E. Daniel
• Authority: Code of Ala. 1975, §§22-28-14, 22-22A-5; 22-22A-6, 22-22A-8.
• Effective Date: January 18, 1972. Amended:

Ala. Admin. Code r. 335-3-2-.04 Emission Reduction Plans

Upon declaring an Episode Watch, Alert, Warning, or Emergency, the Director shall order persons responsible for the operation of a source of air contaminants causing or contributing to such episode to take the general measures outlined in the Emergency Episode Plan for the State of Alabama (dated November 1971, prepared by TRW, Inc.) or revision thereof, as he deems appropriate, in addition to all specific source curtailments designated by him.

History

• Author: James W. Cooper, John E. Daniel
• Authority: Code of Ala. 1975, §§22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.
• Effective Date: January 18, 1972. Amended:

Ala. Admin. Code r. 335-3-2-.05 Two Contaminant Episode

The Director shall declare an Alert, Warning, or Emergency Status specific for two contaminants when the ambient concentrations of two contaminants simultaneously reach or exceed their respective Episode Criteria of this Chapter and meteorological conditions or such that contaminant concentrations can be expected to remain at those criteria levels for twelve (12) or more hours or increase unless control actions are taken. When criteria levels correspond to different episode status for two contaminants, the Director shall declare the status of the higher of the two.

History

• Author: James W. Cooper, John E. Daniel
• Authority: Code of Ala. 1975, §§22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.
• Effective Date: January 18, 1972. Amended:

Ala. Admin. Code r. 335-3-2-.06 General Episodes

The Director shall in the event that ambient concentrations of three (3) or more contaminants simultaneously reach or exceed their respective Episode Criteria and no improvements in meteorological conditions are forecast for the next twelve (12) hours, declare a General Alert, Warning, or Emergency Status. In the event that criteria levels correspond to different statuses for each contaminant, the Director shall declare a general status corresponding to the highest individual status.

History

• Author: James W. Cooper, John E. Daniel
• Authority: Code of Ala. 1975, §§22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.
• Effective Date: January 18, 1972. Amended:

Ala. Admin. Code r. 335-3-2-.07 Local Episodes

(1) The Director shall specify the area of the State affected when a Local Alert, Warning, or Emergency Status is declared or when an Accidental Episode for common contaminants occurs, based upon air quality and meteorological reports and predictions.

(2) When the Director declares such a local episode, any person responsible for the operation from which excess emissions result shall shut down such an operation and make repairs or alter the process as required by the Director to restore normal operations.

(3) When the Director declares that a Local Alert, Warning, or Emergency Status is in effect for a delineated area, corresponding general measures shall be applied as detailed in Rule 335-3-2-.04, depending upon which contaminant(s) is/are being emitted in excess.

History

• Author: James W. Cooper, John E. Daniel
• Authority: Code of Ala. 1975, §§22-28-14, 22-22A-5; 22-22A-6, 22-22A-8.
• Effective Date: January 18, 1972. Amended:

Ala. Admin. Code r. 335-3-2-.08 Other Sources

(1) Any person responsible for the operation of a source of air contaminants as determined by the Director shall prepare standby plans for reducing the emissions of air contaminants during periods of an Episode Alert, Warning, and Emergency. Standby plans shall be designed to reduce or eliminate emissions of air contaminants in accordance with the objectives set forth in Rule 335-3-2-.04.

(2) Any person responsible for the operation of a source of air contaminants not designated by the Director shall, when requested in writing by the Director, prepare standby plans for reducing the emission of air contaminants during periods of Episode Alert, Warning, and Emergency. Standby plans shall be designed to reduce or eliminate emissions for air contaminants in accordance with the objectives set forth in Rule 335-3-2-.04.

(3) Standby plans as required under paragraph (1) of this Rule shall be in writing and identify the sources of air contaminants, the amount of reduction of contaminants, and a brief description of the manner in which reduction will be achieved during Episodes of Alert, Warning, and Emergency.

(4) During Episodes of Alert, Warning, and Emergency Status, standby plans as required by this Chapter shall be made available on the premises to any person authorized to enforce the provisions of applicable rules and regulations.

(5) Standby plans as required by this Chapter shall be submitted to the Director upon request within thirty (30) days of the receipt of such request; such standby plans shall be subject to review and approval by the Director. If, in the opinion of the Director, a standby plan does not effectively carry out the objectives as set forth in these rules and regulations, the Director may disapprove it, state the reason for disapproval, and order the preparation of an amended standby plan within the time period specified in the order.

History

• Author: James W. Cooper, John E. Daniel
• Authority: Code of Ala. 1975, §§22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.
• Effective Date: January 18, 1972. Amended: July 26, 1972. Amended: Filed October 17, 1996; effective November 21, 1996.

Ala. Admin. Code r. 335-3-2-.09 Other Authority Not Affected

The provisions of this Chapter shall in no way affect the power and authority of the Governor, Chairman, or Director as they pertain to Emergency Procedures as provided in Section 11 of the Act.

History

• Author: James W. Cooper, John E. Daniel
• Authority: Code of Ala. 1975, §§22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.
• Effective Date: January 18, 1972. Amended: