On July 24th, ADEM notified the public of their intention to amend ADEM Administrative Code Rule 335-3-14-.04, 335-3-16-.01, and Appendix I. Revisions are being proposed to the current construction permit regulations and Major Source Operating Permit (MSOP) rules in Division 3 to be consistent with the June 2014 U.S. Supreme Court ruling that sources of greenhouse gases (GHGs) cannot be regulated under the Prevention of Significant Deterioration (PSD) and Title V programs based solely on their GHG emissions. The proposed changes include:

  • ADEM Administrative Code Rule 335-3-14-.04 and 335-3-16-.01 - ADEM is proposing to delete the major source applicability permitting thresholds for GHGs from its regulations, but retaining the significant threshold of 75,000 tons/yr of CO2e for PSD permitting.
  • Appendix I - ADEM is revising the global warming potentials (GWP) for certain GHGs to match EPA's revised values, which went into effect on January 1, 2014.

ADEM is holding a public hearing on September 10, 2014 at 10:00am. All comments on the proposed rule must be received by September 12, 2014 at 5:00 pm.

For a copy of the proposed revisions and public notice, visit: http://adem.alabama.gov/newsEvents/notices/jul14/7div3.htm.