1. (1) The Environmental Protection Agency Regulations, and the Appendices applicable thereto, governing Standards of Performance for New Stationary Sources (40 CFR 60 and Appendices) designated in rules 335-3-10-.02 and -.03 are incorporated by reference as they exist in 40 CFR 60 (July 1, 2024), and 89 FR 70505 [8/30/2024; amendments to Subparts IIII and JJJJ], 89 FR 74135 [9/12/2024; amendments to Subparts III, NNN and RRR], 89 FR 83296 [10/15/2024; amendments to Subparts A, and Kb and addition of Subpart Kc], and 89 FR 89928 [11/14/2024; amendments to Subpart EEEE],  as amended by the word or phrase substitutions given in rule 335-3-10-.04. References for specific documents containing the complete text of subject regulations are given in Appendix C to these Regulations. Authorities which are not delegable to the state are also listed in Appendix C.

   1. (a) The materials incorporated by reference are available for purchase and inspection at the Department's offices at 1400 Coliseum Boulevard, Montgomery, Alabama 36110.

   [NOTE: The standards pertaining to the Consolidated Federal Air Rule are located in Chapter 335-3-11A.]

2. (2) The emission standards in this Chapter shall supercede the emission standards in Chapters 335-3-3, -4, -5, -6, -7, and -8 if both of the following criteria are met:

   1. (a) the source category is subject to the regulations in this Chapter for the specific pollutants to which an emission standard under this Chapter applies, and
   2. (b) the emission standard under Chapters 335-3-3, -4, -5, -6, -7, and -8 is more stringent than the emission standard in this Chapter for the specific pollutants regulated.
3. (3) Definitions. For purposes of this Chapter, the definitions listed in 40 CFR §60.2 will apply.

Author: Department of Environmental Management

Statutory Authority: Code of Ala. 1975, §§22-28-14, 22-22A-5, 22-22A-6, 22-22A-8, 41-22-9.

History: Effective Date: May 25, 1976. Amended: Effective Date: February 13, 1985; June 9,1987; June 16, 1988; September 2, 1989; November 1, 1990; March 28, 1991; July 31, 1991; October 24, 1991. Amended: November 23, 1993; effective December 28, 1993. Amended: Filed March 23, 1995; effective April 27, 1995. Amended: Filed October 17, 1996; effective November 21, 1996. Amended: Filed August 21, 1997; effective September 25, 1997. Amended: Filed February 20, 1998; effective March 27, 1998. Amended: Filed June 10, 1999; effective July 15, 1999. Amended: Filed December 9, 1999; effective January 13, 2000. Amended: Filed August 3, 2000; effective September 7, 2000. Amended: Filed February 7, 2002; effective March 14, 2002. Amended: Filed August 29, 2002; effective October 3, 2002. Amended: Filed February 27, 2003; effective April 3, 2003. Amended: Filed August 28, 2003; effective October 2, 2003. Amended: Filed February 15, 2005; effective March 22, 2005. Amended: Filed November 7, 2005; effective December 12, 2005. Amended: Filed June 6, 2006; effective July 11, 2006. Amended: Filed February 27, 2007; effective April 3, 2007. Amended: Filed December 18, 2008; effective January 22, 2008. Amended: Filed July 1, 2008; effective August 5, 2008. Amended: Filed December 15, 2008; effective January 19, 2009. Amended: Filed February 23, 2010; effective March 30, 2010. Amended: Filed April 18, 2011; effective May 23, 2011. Amended: Filed April 24, 2012; effective May 29, 2012. Amended: Filed December 18, 2012; effective January 22, 2013. Amended: Filed April 23, 2013; effective May 28, 2013. Amended: Filed August 20, 2013; effective September 24, 2013. Amended: Filed October 20, 2015; effective November 24, 2015. Amended: Filed April 25, 2017; effective June 9, 2017. Amended: Filed August 21, 2018; effective October 5, 2018. Amended: Published February 28, 2020; effective April 13, 2020. Amended: Published October 29, 2021; effective December 13, 2021. Amended: Published December 29, 2023; effective February 12, 2024. Amended: Published August 30, 2024; effective October 14, 2024. Amended: Published August 29, 2025; effective October 13, 2025.