Ala. Admin. Code r. 335-3-1-.02 - Definitions
(1) Meaning of
Terms . As used in these rules and regulations, terms shall have the meanings
ascribed in this Rule.
(a)
"
Act
" shall mean the Alabama Air Pollution Control Act
of 1971, Act No. 769, Regular Session, 1971.
(b) "
Adjudication
"
shall mean decisions, orders, decrees, determinations, or rulings by the
Commission or its authorized Hearing officers and is specifically limited to
decisions in regard to citations, Sections 17(e) and (f) of the Act , and
variances, Section 12 of the Act .
(c) "
Adjudication
Hearing" shall mean a hearing held before the Commission or its
authorized Hearing Officer, pursuant to the issuance of a citation (s), Section
17(e) and (f) of the Act , and variances, Section 12 of the Act , for the purpose
of establishing a record and a set of recommendations to provide the basis for
an adjudication by the Commission of a contested case.
(d) "Air
Contaminant
" shall mean any solid, liquid, or gaseous matter, any
odor , or any combination thereof, from whatever source.
(e) "
Air Pollution
"
shall mean the presence in the outdoor atmosphere of one or more air
contaminants in such quantities and duration as are, or tend to be, injurious
to human health or welfare, animal or plant life, or property, or would
interfere with the enjoyment of life or property throughout the State and in
such territories of the State as shall be affected thereby.
(f) "
Air Pollution
Emergency" shall mean a situation in which meteorological
conditions and/or contaminant levels in the ambient air reach or exceed the
levels which may cause imminent and substantial endangerment to
health.
(h)
"
Capture System
" shall mean the equipment (including
hoods, ducts , fans, etc.) used to contain, capture, or transport a pollutant to
a control device .
(i)
"
Chairman
" shall mean the Chairman or, in his absence,
the Vice Chairman of the Commission.
(j) "
Citation
" shall
mean a notice sent by the Commission or its authorized agent (to suspected
violators of the Act ) pursuant to Section 17(e).
(k) "
Coating
" shall
mean a protective, decorative, or functional film applied in a thin layer to a
surface substrate.
(l)
"
Coating Applicator" shall mean an apparatus used to
apply a surface coating .
(m)
"
Coating Line" shall mean one or more apparatus or
operations which may include any number or combination of coating applicators,
flash-off areas, and ovens wherein a surface coating is applied, dried, and/or
cured.
(n)
"
Commenced
" shall mean that an owner or operator has
undertaken a continuous program of construction or modification or that an
owner or operator has entered into a binding agreement or contractual
obligation to undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(o) "
Commission
"
shall mean the "Environmental Management Commission ".
(p) "
Construction
"
shall mean fabrication, erection, or installation of an affected
facility.
(q)
"
Continuous Vapor Control System
" shall mean a vapor
control system that treats vapors displaced from tanks during filling on a
demand basis without intermediate accumulation.
(r) "
Control Device
"
shall mean any device which has the function of controlling the emissions from
a process , fuel-burning, or refuse-burning device and thus reduces the creation
of or the emission of air contaminants into the atmosphere, or both.
(s) "
Control
Regulation
" shall mean a legally enforceable emission control
strategy .
(t) "
Control
Strategy
" shall mean a collection of various emission standards
selected for the different categories of sources.
(u) "
County
Classification
" shall mean the designation Class 1 County or Class
2 County . All facilities, plants, or other installations shall be subject to
the restrictions on air pollution emissions specific to the county
classification of the county in which they are located.
1. A "
Class 2
County
" shall mean a county in which:
(i) More than 50 percent of the county
population resides in a non-urban place, as defined by the U.S. Department of
Commerce Census Bureau for 1970.
(ii) No secondary National Ambient Air
Quality Standards are being exceeded, based on 1971 air quality
measurements.
2. A
"
Class 1 County
" shall mean a county in which the
conditions of either subparagraph 1.(i) or 1.(ii) above or both are not
met.
(v)
"
Day
" shall mean a twenty-four (24) hour period
beginning at midnight.
(w)
"
Department
" shall mean the Alabama Department of
Environmental Management.
(x)
"
Director
" shall mean the Director of the Department
of Environmental Management.
(y)
"
Effluent Water Separator
" shall mean any tank, box,
sump, or other container in which any volatile organic compound floating on or
entrained or contained in water entering such tank, box, sump, or other
container is physically separated and removed from such water prior to outfall,
drainage, or recovery of such water.
(z) "
Emission
" shall
mean a release into the outdoor atmosphere of air contaminants.
(aa) "
Employee
"
shall mean any employee of the Commission or Division.
(bb) "
Existing
Source
" shall mean any source in operation or on which
construction has commenced on the date of initial adoption of an applicable
rule or regulation; except that any existing source which has undergone
modification after the date of initial adoption of an applicable rule or
regulation, shall be reclassified and considered a new source.
(cc) "
Federal Act
"
shall mean the Clean Air Act ( 42 U.S.C. 1857
et seq.)
as last amended, and as may hereafter be amended.
(dd) "
Flash-Off
Area
" shall mean the space between the application area and the
oven .
(ee)
"
Fuel-Burning Equipment
" shall mean any equipment,
device, or contrivance and all appurtenances thereto, including ducts ,
breechings, fuel-feeding equipment, ash removal equipment, combustion controls,
stacks, and chimney, used primarily, but not exclusively, to burn any fuel for
the purpose of indirect heating in which the material being heated is not
contracted by and adds no substance to the products of combustion.
(ff) "
Fugitive Dust
"
shall mean solid air-borne particulate matter emitted from any source other
than a flue or stack.
(gg)
"
Gasoline
" shall mean a petroleum distillate having a
Reid vapor pressure of 27.6 KPA (4 psia) or greater and used as a fuel for
internal combustion engines.
(hh)
"
Heat Available
" shall mean the aggregate heat content
of all fuels whose products of combustion pass through a stack or
stacks.
(ii)
"
Hydrocarbons
" shall mean any organic compound of
carbon and hydrogen only.
(jj)
"
Incinerator
" shall mean any equipment, device, or
contrivance and all appurtenances thereof used for the destruction (by burning)
of solid, semi-solid, liquid, or gaseous combustible wastes.
(kk) "
Intermediate Vapor Control
System
" shall mean a vapor control system that employs an
intermediate vapor holder to accumulate vapors displaced from tanks during
filling. The control device treats the accumulated vapors only during
automatically controlled cycles.
(ll) "
Loading Rack
"
shall mean an aggregation or combination of gasoline loading equipment arranged
so that all loading outlets in the combination can be connected to a tank truck
or trailer parked in a specified loading space.
(mm) "
Maximum Process Weight Per
Hour
" shall mean the equipment manufacturer's or designer's
guaranteed maximum (whichever is greater) process weight per hour.
(nn) "
Model Year
"
shall mean the annual production period of new motor vehicles designated by the
calendar year in which such period ends, provided that if the manufacturer does
not so designate vehicles manufactured by him, the model year with respect to
such vehicle shall mean the twelve-month period beginning January 1 of the year
specified herein.
(oo)
"
Modification
" shall mean any physical change in, or
change in the method of operation of, an affected source which increases the
amount of any air contaminant (to which a rule or regulation applies) emitted
by such source or which results in the emission of any air contaminant (to
which a rule or regulation applies) not previously emitted, except that:
1. Routine maintenance, repair, and
replacement shall not be considered physical changes , and
2. The following shall not be considered a
change in the method of operation:
(i) An
increase in the production rate;
(ii) An increase in hours of
operation;
(iii) Use of an
alternative fuel or raw material.
(pp) "
Motor Vehicle
"
shall mean every self-propelled device in or upon or by which any person or
property is, or may be, transported or drawn upon a public highway.
(qq) "
New Source
"
shall mean any source built or installed on or after the date of initial
adoption of an applicable rule or regulation, and any source existing at said
stated time which later undergoes modification . Any source moved to another
premise involving a change of location after the date of initial adoption of an
applicable rule or regulation shall be considered a new source. This definition
of new source is not applicable to ADEM Admin. Code Rules
335-3-10-.01(3)
and
335-3-11-.01(3).
(rr) "
Objector
"
shall mean any person who objects to the granting of a variance pursuant to
Section 12(d) of the Act.
(ss)
"
Odor
" shall mean smells or aromas which are
unpleasant to persons or which tend to lessen human food and water intake,
interfere with sleep, upset appetite, produce irritation of the upper
respiratory tract, or cause symptoms or nausea, or which by their inherent
chemical or physical nature or method or processing are, or may be, detrimental
or dangerous to health. Odor and smell are used interchangeably
herein.
(tt)
"
Opacity
" shall mean the degree to which emissions
reduce the transmission of light and obscure the view of the
background.
(uu) "
Open
Burning
" shall mean the burning of any matter in such a manner
that the products of combustion resulting from the burning are emitted directly
into the ambient air without passing through an adequate stack , duct, or
chimney.
(vv)
"
Operating Time
" shall mean the number of hours per
year that a source conducts operations.
(ww) "
Organic
Material
" shall mean a chemical compound of carbon excluding
carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or
carbonates, and ammonium carbonate.
(xx) "
Oven
" shall
mean a chamber within which heat is used to bake, cure, polymerize, and/or dry
a surface coating .
(yy)
"
Owner or Operator" shall mean any person who owns,
leases, operates, controls, or supervises an affected facility, article,
machine, equipment, other contrivance, or source.
(zz) "
Particulate
Matter
" shall mean finely divided material, except uncombined
water , which is a liquid or solid at the conditions of the applicable test
method.
(aaa)
"
Party
" shall mean the petitioner (s) for variance
under Section 12 of the Act, the person (s) objecting to the grant of a variance
petition under Section 12 of the Act, the alleged violator in the case of a
citation issued pursuant to Section 17(e) of the Act, and the State.
(bbb) "
Petitioner
"
shall mean any person who petitions the Commission pursuant to Section 12 of
the Act and in accordance with Rule
335-3-1-.09 of the
Rules and Regulations.
(ccc)
"PM10" means particulate matter
with an aerodynamic diameter less than or equal to a nominal 10 micrometers as
measured by a reference method based on 40 CFR 50, Appendix J, and designated
in accordance with 40 CFR 53, or by an equivalent method designated in
accordance with 40 CFR 53.
(ddd)
"PM10 Emission
" means finely
divided solid or liquid material, with an aerodynamic diameter less than or
equal to a nominal 10 micrometers emitted to the ambient air as measured by an
applicable reference method, or an equivalent or alternative method, specified
in 40 CFR.
(eee) "
Prime
Coat
" shall mean the first film of coating applied in a multiple
coat operation.
(fff)
"
Priority Classification
" shall mean Air Quality
Control Region Pollutant Priority Classifications set forth in 40 CFR
52.
(ggg)
"
Process
" shall mean any action, operation, or
treatment of materials, including handling and storage thereof, which may cause
discharge of an air contaminant or contaminants into the atmosphere, but
excluding fuel burning and refuse burning.
(hhh) "
Process
Weight" shall mean the total weight in pounds of all materials
introduced into any specific process which may cause any discharge into the
atmosphere.
(iii)
"
Process Weight Per Hour" shall mean the total weight
of all materials introduced into any specific process that may cause any
discharge of particulate matter . Solid fuels charged will be considered as part
of the process weight, but liquid and gaseous fuels and combustion air will
not. For a cyclical or batch operation, the process weight per hour will be
derived by dividing the total process weight by the number of hours in one
complete operation from the beginning of any given process to the completion
thereof, excluding any time during which the equipment is idle. For a
continuous operation, the process weight per hour will be derived by dividing
the process weight for a typical period of time by that time period.
(jjj) "
Refuse
" shall
mean matter consisting of garbage, rubbish, ashes, street debris, dead animals,
abandoned vehicles, industrial wastes, demolition wastes, construction wastes,
special wastes, or sewage treatment residue.
(kkk) "
Reid Vapor Organic
Pressure
" shall mean a vapor pressure specification for volatile
crude oil and volatile nonviscous petroleum liquids except liquid petroleum
gases as determined by American Society for Testing and Materials. The pressure
approximates the absolute vapor pressure of the liquid.
(lll) "
Shutdown
"
shall mean the cessation of operation of affected source or emission control
equipment.
(mmm)
"
Six-Minute Average
" shall be determined by
calculating the arithmetic mean of twenty-four (24) consecutive opacity
observations, taken at intervals of fifteen (15) seconds.
(nnn) "
Smoke
" shall
mean gas-borne particles resulting from incomplete combustion consisting
predominantly, but not exclusively, of carbon, ashes, or other combustible
materials.
(ooo)
"
Soiling Index
" shall mean a measure of the soiling
properties of total suspended particulates in air determined by drawing a
measured volume of air through a known area of Whatman No. 4 filter paper for a
measured period of time, expressed as COHs/1,000 linear feet.
(ppp) "
Solvent
"
shall mean organic materials which are liquid at standard conditions and which
are used as dissolvers, viscosity reducers, or cleaning agents.
(qqq) "
Source
" shall
mean any building, structure, facility, installation, article, machine,
equipment, device, or other contrivance which emits or may emit any air
contaminant . Any activity which utilizes abrasives or chemicals for cleaning or
any other purpose (such as cleaning the exterior of buildings) which emits air
contaminants shall be considered a source.
(rrr) "
Stack or
Ducts" shall mean any flue, duct, or other contrivance arranged to
conduct emissions to the open air.
(sss) "
Standard
Conditions
" shall mean a temperature of 20° C (68° F) and pressure
of 760 millimeters of mercury (29.92 inches of mercury).
(ttt) "
Startup
"
shall mean the setting in operation of an affected source for any
purpose.
(uuu)
"
State
" shall mean the State of Alabama, the
Environmental Management Commission , and the Commission 's
representatives.
(vvv)
"
Storage Tank Capacity
" shall mean the tank
manufacturer's design capacity. Storage tank and storage vessel shall be
equivalent in meaning.
(www)
"
Submerged Fill Pipe
" shall mean any fill pipe, the
discharge opening of which is entirely submerged when the liquid level is six
(6) inches above the bottom of the tank; or when applied to a tank which is
loaded from the side, shall mean any fill pipe, of which the top of the
discharge opening is not over 18 inches from the bottom of the tank.
(xxx) "
Topcoat
"
shall mean the final film of coating applied in a multiple coat
operation.
(yyy) "
Total
Reduced Sulfur (TRS)
" shall mean hydrogen sulfide, mercaptans,
dimethyl sulfide, dimethyl disulfide, and any other organic sulfides
present.
(zzz) "
Total
suspended particulate
" means particulate matter as measured by the
method described in 40 CFR 50, Appendix B.
(aaaa) "
Transfer Efficiency
(TE)
" shall mean the efficiency of a surface coating application
system to deposit coating solids on a substrate. The transfer efficiency of an
application system is determined by dividing the volume of coating solids
deposited on a substrate by the total volume of coating solids used.
(bbbb) "
True Vapor
Pressure
" shall mean the equilibrium partial pressure exerted by a
stored petroleum liquid at the temperature equal to the highest calendar-month
average of the liquid storage temperature as determined in accordance with
methods described in American Petroleum Institute Bulletin 2517, "Evaporation
Loss from External Floating Roof Tanks," 1962, Second Edition, February
1980.
(cccc)
"
Uncombined Water
" shall mean any water droplets or
water vapor condensate that does not contain any other solid or liquid
particulate matter attached to the water droplets.
(dddd) "
Vapor Collection
System
" shall mean a vapor transport system which uses direct
displacement by the liquid loaded to force vapors from the tank into a vapor
control system.
(eeee)
"
Vapor Recovery System
" shall mean a system that
prevents release to the atmosphere of at least 90 percent by weight of organic
compounds in the vapor displaced from a tank during the transfer of
gasoline .
(ffff)
"
Violator
" shall mean any person who is issued a
citation by the Commission or its authorized agent pursuant to Section 17(e)
and (f) of the Act.
(gggg)
"
Volatile Organic Compounds (VOC)
" shall mean any
compound of carbon excluding carbon monoxide, carbon dioxide, carbonic acid,
metallic carbides or carbonates, and ammonium carbonate, which participates in
atmospheric photochemical reactions. This includes any such organic compound
other than the following:
1.
Methane;
2. Ethane;
3. Methyl Chloroform (1,1,1
Trichloroethane);
4. Methylene
Chloride (Dichloromethane);
5.
CFC-11 (Trichlorofluoromethane);
6.
CFC-12 (Dichlorodifluoromethane);
7. HCFC-22 (Chlorodifluoromethane);
8. HFC-23 (Trifluoromethane);
9. CFC-114 (1,2-dichloro
1,1,2,2-Tetrafluoroethane);
10.
CFC-115 (Chloropentafluoroethane);
11. HCFC-123
(1,1,1-Trifluoro-2,2-dichloroethane);
12. HCFC-124
(2-Chloro-1,1,1,2-tetrafluoroethane);
13. HFC-125 (Pentafluoroethane);
14. HFC-134
(1,1,2,2-Tetrafluoroethane);
15.
HFC-134a (1,1,1,2-Tetrafluoroethane);
16. HCFC-141b
(1,1-Dichloro-1-fluoroethane);
17.
HCFC-142b (1-Chloro-1,1-difluoroethane);
18. HFC-143a
(1,1,1-Trifluoroethane);
19.
HFC-152a (1,1-Difluoroethane);
20.
CFC-113 (1,1,2-Trichloro-1,2,2-Trifluoroethane);
21. Parachlorobenzotrifluoride
(PCBTF);
22. Cyclic, branched, or
linear completely methylated siloxanes;
23. Acetone;
24. Perchloroethylene
(tetrachloroethylene);
25.
HCFC-225ca (3,3-dichloro-1,1,1,2,2- pentafluoropropane);
26. HCFC-225cb
(1,3-dichloro-1,1,2,2,3-pentafluoropropane);
27. HFC 43-10mee
(1,1,1,2,3,4,4,5,5,5-decafluoropentane);
28. HFC-32 (Difluoromethane);
29. HFC-161 (Ethylfluoride);
30. HFC-236fa
(1,1,1,3,3,3-Hexafluoropropane);
31. HFC-245ca
(1,1,2,2,3-Pentafluoropropane);
32.
HFC-245ea (1,1,2,3,3-Pentafluoropropane);
33. HFC-245eb
(1,1,1,2,3-Pentafluoropropane);
34.
HFC-245fa (1,1,1,3,3-Pentafluropropane);
35. HFC-236ea
(1,1,1,2,3,3-Hexafluoropropane);
36. HFC-365mfc
(1,1,1,3,3-Pentafluororbutane);
37.
HCFC-31 (Chlorofluoromethane);
38.
HCFC-123a (1,2-Dichloro-1,1,2-trifluoroethane);
39. HCFC-151a
(1-Chloro-1-fluoroethane);
40.
C4F9OCH3
(1,1,1,2,2,3,3,4,4-Nonafluoro-4-methoxybutane);
41.
(CF3)2CFCF2OCH3
(2-(Difluoromethoxymethyl)-1,1,1,2, 3,3,3-heptafluoropropane);
42.
C4F9OC2H5
(1-Ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane);
43.
(CF3)2CFCF2OC2H5
(2-(Ethoxydifluoromethyl)-1,1,1,2, 3,3,3-heptafluoropropane);
44. Methyl Acetate; and
45. HFE-7000
n-C3F7OCH3,
(1,1,1,2,2,3,3,-heptafluoro-3 methoxy-propane
46 HFE-7500
(3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl)
hexane)
47 HFC-227ea
(1,1,1,2,3,3,3-heptafluoropropane)
48. methyl formate
(HCOOCH3)
49. HPE-7300
1,1,1,2,2,3,4,5,5,5,-decafluoro-3-methoxy-4-tri-fluoromethylpentane;
50. propylene carbonate;
51. dimethyl carbonate;
52.
trans-1,3,3,3-tetrafluoropropene;
53. HFE-134
(HCF2OCF2H);
54. HFE-236cal2
(HCF2OCF2OCF2H);
55. HFE-338pcc13
(HCF2OCF2CF2OCF2H);
56. H-Galden 104x or H-Galden ZT130 (or 150
or 180)
(HCF2OCF2OCF2CF2OCF2H);
57. trans 1-chloro-3,3,3-trifluoroprop-1-ene
(SolsticeTM 1233zd(E);
58.
HFO-1234yf (2,3,3,3-tetrafluoropropene;
59. 2-amino-2-methyl-1-propanol;
60. t-butyl acetate;
61.
1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane;
62.
cis-
1,1,1,4,4,4-hexafluorobut-2-ene (HFO-1336mzz-Z; and
63. Perfluorocarbon compounds which fall into
these classes:
(i) Cyclic, branched, or
linear, completely fluorinated alkanes;
(ii) Cyclic, branched, or linear, completely
fluorinated ethers with no unsaturations;
(iii) Cyclic, branched, or linear, completely
fluorinated tertiary amines with no unsaturations, and
(iv) sulfur containing perfluorocarbons with
no unsaturations and with sulfur bonds only to carbon and
fluorine.
(2) The heretofore mentioned excluded organic
compounds have been determined to have negligible photochemical reactivity by
the EPA Administrator. For purposes of determining compliance with emission
limits under Chapter 335-3-6, VOC shall be measured by the approved test
methods contained in Chapter 335-3-6. Where such a method also inadvertently
measures the heretofore mentioned negligibly photochemical reactive organic
compounds with the reactive organic compounds, an owner or operator may exclude
these negligibly reactive compounds when determining compliance with an
emission limit using EPA-approved test methods and procedures.
Notes
Authors: James W. Cooper, John E. Daniel
Statutory Authority: Code of Ala. 1975, §§ 22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.
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