WHAT'S NEW:

No recent state activity has been identified.

AIR EMISSIONS REGULATIONS:

Air Quality Status	There are four counties in nonattainment for the PM 2.5 standard. EPA's Nonattainment Areas
Major Source Threshold	PTE 250 tons (100 for listed sources) of any criteria pollutant for attainment areas; 100 tons for nonattainment areas.
Minor Source Permitting Exemption	None listed; contact ADEM for case by case determination
Minor Source Treatment	Emission limits: opacity, possibly particulate and NOx
Emergency Generating Limits	None; the state uses the default of 500 hours in practice

 

DE MINIMIS EXEMPTIONS

Fuel burning equipment of less than 500,000 Btu/hr capacity is considered to be a trivial source and does not have to be listed in a permit application.

The following fuel use applications that are considered insignificant must be listed in a permit application:
(1) Fuel burning equipment greater than 500,000 Btu/hour capacity but less than 5 MMBtu/hr when operated on natural gas or #1/#2 fuel oil
(2) Emergency back-up internal combustion engines

MINOR SOURCE PERMITTING

Sources with a potential to emit less than 100 tons per year of all criteria pollutants will be considered minor sources. These units must fill out application forms and the state will issue a permit, or in cases where the unit is small enough, may document it as exempt. Modeling may be required if the potential to emit a toxic pollutant is greater than 0.1 lb/hr.

Sources will be subject to a 20% opacity limit. Particulate limits will vary with size of the unit; for a 10 MMBtu/hr unit, the associated particulate limit would be between 0.5 and 0.8 lb/MMBtu. Sulfur dioxide limits vary by location. NOx limits also vary with the unit size and location.

The entire permitting process for new minor sources normally takes between 45-60 days.

MAJOR NSR/PSD PERMITTING

A potential to emit 250 tons (100 tons for listed sources) per year of a criteria pollutant triggers PSD for most sources The BACT cost threshold in these areas is generally around $5,000-$8,000 per ton of NOx.

TREATMENT OF EMERGENCY ENGINES

The state does not have a blanket exemption for emergency units. Applicants should contact ADEM and then make a written request, including an application form for the unit, if applicable. State officials will make a determination based on submitted information. A decision of non-applicability (requiring no permit) is likely in most cases.

SITING REQUIREMENTS FOR NON-UTILITY GENERATORS:

Utilities seeking to build a generation plant have to file with the Alabama Public Service Commission for a Certificate of Public Convenience and Necessity only if the Commission has jurisdiction over it. The jurisdiction of the Commission is limited to investor-owned utilities providing retail service to the public. However, air permits are required from the department of Environmental Management. This department also requires additional oversight, called a “coastal consistency request”, for any energy facilities located in a coastal area. [1]

BUILDING, ZONING AND FIRE CODES:

Building Codes: Alabama follows the IBC 2006 with no amendments. This applies specifically to state owned buildings, schools - public & private, hotels/motels, and movie theaters.

• State Building Commission website

As of 2006, Alabama does not adopt or enforce a statewide building code for all structures. Individual communities may have enacted different building codes or older versions of the IBC 2006 building codes. State legislators have been investigating benefits of implementing a statewide minimum building code, particularly due to increased concern about emergency preparedness. [1]

Energy Codes: Alabama enforces the Alabama Building Energy Conservation Code 2004 (based on ASHRAE/IESNA 90.1 – 2001) for state-owned buildings over 4,000 sq ft.

• State Building Energy Codes website

Fire Codes: Alabama enforces the 2003 National Fire Code with exceptions, but many municipalities have adopted the 2006 IFC.

• State Fire Marshall website

Zoning: For the most part, Alabama counties and municipalities have primary authority on zoning, as enabled by the Code of AlabamaSection 9-8-26 (1975). Consult each community for zoning requirements in the locality.

Resources (information may not be as current as provided above)

A general overview of each state’s enacted codes can be found HERE.

The International Code Council Adoption page gives state-by-state adoption status of specific ICC codes, as well as information about code adoption by some municipal governments within that state.

Information about energy codes can be found at the DOE’s Building Codes for Energy Efficiency page or at the Building Codes Assistance Project.

INTERCONNECTION REQUIREMENTS:

Alabama does not have statewide interconnection standards. Relevant information for Alabama utilities is provided below.

Huntsville Utilities is currently working on their interconnection policies. The City of Huntsville generally follows the Tennessee Valley Authority's interconnection guidelines, which apply to large generators (> 20 MW). Facility owners must pay $10,000 and fill out an interconnection request. There are set timelines for application notification. Various studies must be conducted and prices for these are quite high. There are standard forms. The guidelines do not discuss insurance requirements.

Alabama Power Company (APC) has a fairly complicated interconnection procedure. If a facility (100 kW or less), has Public Utilities Regulatory Policies Act (PURPA) qualifying facility (QF) status then the customer has several options - sell the output to APC through the Rate Purchase of Alternate Energy (PAE), bid into a request for proposal (RFP) process, or sell the power on the wholesale market. If the facility sells the power to APC then Rate PAE standards such as having an external disconnect switch and at least $1 million in liability insurance apply. If the facility plans to sell its electricity on the wholesale market then it must follow Southern Company's interconnection requirements. If the generator is located in APC's territory, but does not meet Rate PAE requirements then it has the same three options as mentioned above, but can only sell power to APC at the avoided energy cost rate. If the facility is going to sell to APC then there is a standard application form that must be submitted and additional studies may be required. The APC will provide the applicant with estimated study costs. An APC interconnection agreement would not grant the facility any wholesale transmission or interconnection rights. Facilities would have to comply with Southern Company's interconnection standards to sell electricity on the wholesale market.

For more information contact Huntsville Utilities, APC, or your local electric generation and distribution utility.

Huntsville Utilities
P.O. Box 2048
Huntsville , AL 35804
Phone: (256) 535-1200
Email: custserv@hsvutil.org

Alabama Power Company
Customer Service
P.O. Box 2641
Birmingham, Alabama 35291
Phone: 1-888-430-5787

EXIT FEES:

Alabama has no statewide policy on exit fees. DG owners and operators should be exempt from such fees.

UTILITY STANDBY RATES:

Alabama has no statewide policy on standby rates. Relevant policies for Alabama utilities are listed below.

There is no standby rate provision for Alabama Power, and customers desiring standby service are charged under the rate that would be applicable to them if they were not generating power. General rates are balanced between demand and energy charges. Billing demand is typically the higher of the maximum 15 minute demand of the month or 90% of the maximum from the previous June through September period. Rate information is available at: http://www.alabamapower.com/pricing/al_rates.asp

Alabama Power Company
Customer Service
P.O. Box 2641
Birmingham, Alabama 35291

Phone: 1-888-430-5787