The following definitions apply to this Chapter. Where the
same term is defined in this Section and in the definitions Section for an
Article of this Chapter, the Article-specific definition shall apply.
1. "Act" means the Clean Air Act of 1963
(P.L. 88-206; 42 U.S.C.
7401 through
7671q) as amended through December
31, 2011 (and no future editions).
2. "Actual emissions" means the actual rate
of emissions of a regulated NSR pollutant from an emissions unit, as determined
in subsections (2)(a) through (e), except that this definition shall not apply
for calculating whether a significant emissions increase as defined in
R18-2-401 has occurred, or for
establishing a plantwide applicability limitation as defined in
R18-2-401 . Instead, the
definitions of projected actual emissions and baseline actual emissions in
R18-2-401 shall apply for those
purposes.
a. In general, actual emissions as
of a particular date shall equal the average rate, in tons per year, at which
the unit actually emitted the pollutant during a consecutive 24-month period
that precedes the particular date and that is representative of normal source
operation. The Director may allow the use of a different time period upon a
determination that it is more representative of normal source operation. Actual
emissions shall be calculated using the unit's actual operating hours,
production rates, and types of materials processed, stored or combusted during
the selected time period.
b. The
Director may presume that source-specific allowable emissions for the unit are
equivalent to the actual emissions of the unit.
c. For any emissions unit that is or will be
located at a source with a Class I permit and has not begun normal operations
on the particular date, actual emissions shall equal the unit's potential to
emit on that date.
d. For any
emissions unit that is or will be located at a source with a Class II permit
and has not begun normal operations on the particular date, actual emissions
shall be based on applicable control equipment requirements and projected
conditions of operation.
e. This
definition shall not apply for calculating whether a significant emissions
increase has occurred, or for establishing a PAL. Instead, the definitions of
projected actual emissions and baseline actual emissions in
R18-2-401 shall apply for those
purposes.
3.
"Administrator" means the Administrator of the United States Environmental
Protection Agency.
4. "Affected
facility" means, with reference to a stationary source, any apparatus to which
a standard is applicable.
5.
"Affected source" means a source that includes one or more units which are
subject to emission reduction requirements or limitations under Title IV of the
Act.
6. "Affected state" means any
state whose air quality may be affected by a source applying for a permit,
permit revision, or permit renewal and that is contiguous to Arizona or that is
within 50 miles of the permitted source.
7. "Afterburner" means an incinerator
installed in the secondary combustion chamber or stack for the purpose of
incinerating smoke, fumes, gases, unburned carbon, and other combustible
material not consumed during primary combustion.
8. "Air contaminants" means smoke, vapors,
charred paper, dust, soot, grime, carbon, fumes, gases, sulfuric acid mist
aerosols, aerosol droplets, odors, particulate matter, wind-borne matter,
radioactive materials, or noxious chemicals, or any other material in the
outdoor atmosphere.
9. "Air curtain
incinerator" means an incineration device designed and used to secure, by means
of a fan-generated air curtain, controlled combustion of only wood waste and
slash materials in an earthen trench or refractory-lined pit or bin.
10.
"Air pollution" means the
presence in the outdoor atmosphere of one or more air contaminants or
combinations thereof in sufficient quantities, which either alone or in
connection with other substances by reason of their concentration and duration
are or tend to be injurious to human, plant or animal life, or cause damage to
property, or unreasonably interfere with the comfortable enjoyment of life or
property of a substantial part of a community, or obscure visibility, or which
in any way degrade the quality of the ambient air below the standards
established by the director. A.R.S. §
49-421(2).
11. "Air pollution control equipment" means
equipment used to eliminate, reduce or control the emission of air pollutants
into the ambient air.
12. "Air
quality control region" (AQCR) means an area so designated by the Administrator
pursuant to Section 107 of the Act and includes the following regions in
Arizona:
a. Maricopa Intrastate Air Quality
Control Region which is comprised of the County of Maricopa.
b. Pima Intrastate Air Quality Control Region
which is comprised of the County of Pima.
c. Northern Arizona Intrastate Air Quality
Control Region which encompasses the counties of Apache, Coconino, Navajo, and
Yavapai.
d. Mohave-Yuma Intrastate
Air Quality Control Region which encompasses the counties of La Paz, Mohave,
and Yuma.
e. Central Arizona
Intrastate Air Quality Control Region which encompasses the counties of Gila
and Pinal.
f. Southeast Arizona
Intrastate Air Quality Control Region which encompasses the counties of
Cochise, Graham, Greenlee, and Santa Cruz.
13. "Allowable emissions" means the emission
rate of a stationary source calculated using both the maximum rated capacity of
the source, unless the source is subject to federally enforceable limits which
restrict the operating rate or hours of operation, and the most stringent of
the following:
a. The applicable standards as
set forth in 40 CFR
60,
61 and
63 ;
b. The applicable emissions limitations
approved into the state implementation plan, including those with a future
compliance date; or,
c. The
emissions rate specified as a federally enforceable permit condition, including
those with a future compliance date.
14. "Ambient air" means that portion of the
atmosphere, external to buildings, to which the general public has
access.
15. "Applicable
implementation plan" means those provisions of the state implementation plan
approved by the Administrator or a federal implementation plan promulgated for
Arizona or any portion of Arizona in accordance with Title I of the
Act.
16. "Applicable requirement"
means any of the following:
a. Any federal
applicable requirement.
b. Any
other requirement established pursuant to this Chapter or A.R.S. Title 49,
Chapter 3.
17. "Arizona
Testing Manual" means sections 1 and 7 of the Arizona Testing Manual for Air
Pollutant Emissions amended as of March 1992 (and no future
editions).
18. "ASTM" means the
American Society for Testing and Materials.
19. "Attainment area" means any area that has
been identified in regulations promulgated by the Administrator as being in
compliance with national ambient air quality standards.
20.
"Begin actual construction"
means, initiation of physical on-site construction activities on an emissions
unit which are of a permanent nature. With respect to a change in method of
operation this term refers to those onsite activities, other than preparatory
activities, which mark the initiation of the change.
a. For purposes of title I, parts C and D and
section 112 of the clean air act, and for purposes of applicants that require
permits containing limits designed to avoid the application of title I, parts C
and D and section 112 of the clean air act, these activities include
installation of building supports and foundations, laying of underground
pipework, and construction of permanent storage structures but do not include
any of the following, subject to subsection (20)(c):
i. Clearing and grading, including demolition
and removal of existing structures and equipment, stripping and stockpiling of
topsoil.
ii. Installation of access
roads, driveways and parking lots.
iii. Installation of ancillary structures,
including fences, office buildings and temporary storage structures, that are
not a necessary component of an emissions unit or associated air pollution
control equipment for which the permit is required.
iv. Ordering and onsite storage of materials
and equipment.
b. For
purposes other than those identified in subsection (20)(a), these activities do
not include any of the following, subject to subsection (20)(c):
i. Clearing and grading, including demolition
and removal of existing structures and equipment, stripping and stockpiling of
topsoil and earthwork cut and fill for foundations.
ii. Installation of access roads, parking
lots, driveways and storage areas.
iii. Installation of ancillary structures,
including fences, warehouses, storerooms and office buildings, provided none of
these structures impacts the design of any emissions unit or associated air
pollution control equipment.
iv.
Ordering and onsite storage of materials and equipment.
v. Installation of underground pipework,
including water, sewer, electric and telecommunications utilities.
vi. Installation of building and equipment
supports, including concrete forms, footers, pilings, foundations, pads and
platforms, provided none of these supports impacts the design of any emissions
unit or associated air pollution control equipment.
c. An applicant's performance of any
activities that are excluded from the definition of "begin actual construction"
under subsection (20)(a) or (b) shall be at the applicant's risk and shall not
reduce the applicant's obligations under this Chapter. The director shall
evaluate an application for a permit or permit revision and make a decision on
the same basis as if the activities allowed under subsection (20)(a) or (b) had
not occurred. A.R.S. §
49-401.01(7).
21. "Best available control technology"
(BACT) means an emission limitation, including a visible emissions standard,
based on the maximum degree of reduction for each regulated NSR pollutant which
would be emitted from any proposed major source or major modification, taking
into account energy, environmental, and economic impact and other costs,
determined by the Director in accordance with
R18-2-406(A)(4)
to be achievable for such source or modification.
22. "Btu" means British thermal unit, which
is the quantity of heat required to raise the temperature of one pound of water
1°F.
23. "Categorical sources"
means the following classes of sources:
a.
Coal cleaning plants with thermal dryers;
b. Kraft pulp mills;
c. Portland cement plants;
d. Primary zinc smelters;
e. Iron and steel mills;
f. Primary aluminum ore reduction
plants;
g. Primary copper
smelters;
h. Municipal incinerators
capable of charging more than 50 tons of refuse per day;
i. Hydrofluoric, sulfuric, or nitric acid
plants;
j. Petroleum
refineries;
k. Lime
plants;
l. Phosphate rock
processing plants;
m. Coke oven
batteries;
n. Sulfur recovery
plants;
o. Carbon black plants
using the furnace process;
p.
Primary lead smelters;
q. Fuel
conversion plants;
r. Sintering
plants;
s. Secondary metal
production plants;
t. Chemical
process plants, which shall not include ethanol production facilities that
produce ethanol by natural fermentation included in North American Industry
Classification System codes 325193 or 312140;
u. Fossil-fuel boilers, combinations thereof,
totaling more than 250 million Btus per hour heat input;
v. Petroleum storage and transfer units with
a total storage capacity more than 300,000 barrels;
w. Taconite ore processing plants;
x. Glass fiber processing plants;
y. Charcoal production plants;
z. Fossil-fuel-fired steam electric plants
and combined cycle gas turbines of more than 250 million Btus per hour heat
input.
24. "Categorically
exempt activities" means any of the following:
a. Any combination of diesel-, natural gas-
or gasoline-fired engines with cumulative power equal to or less than 145
horsepower.
b. Natural gas-fired
engines with cumulative power equal to or less than 155 horsepower.
c. Gasoline-fired engines with cumulative
power equal to or less than 200 horsepower.
d. Any of the following emergency or stand-by
engines used for less than 500 hours in each calendar year, provided the
permittee keeps records documenting the hours of operation of the engines:
i. Any combination of diesel-, natural gas-
or gasoline-fired emergency engines with cumulative power equal to or less than
2,500 horsepower.
ii. Natural
gas-fired emergency engines with cumulative power equal to or less than 2,700
horsepower.
iii. Gasoline-fired
emergency engines with cumulative power equal to or less than 3,700
horsepower.
e. Any
combination of boilers with a cumulative maximum design heat input capacity of
less than 10 million Btu/hr.
25. "CFR" means the Code of Federal
Regulations, amended as of July 1, 2011, (and no future editions), with
standard references in this Chapter by Title and Part, so that " 40 CFR
51 "
means Title 40 of the Code of Federal Regulations, Part 51.
26. "Charge" means the addition of metal
bearing materials, scrap, or fluxes to a furnace, converter or refining
vessel.
27. "Clean coal technology"
means any technology, including technologies applied at the precombustion,
combustion, or post-combustion stage, at a new or existing facility that will
achieve significant reductions in air emissions of sulfur dioxide or oxides of
nitrogen associated with the utilization of coal in the generation of
electricity, or process steam, that was not in widespread use as of November
15, 1990.
28. "Clean coal
technology demonstration project" means a project using funds appropriated
under the heading "Department of Energy - Clean Coal Technology," up to a total
amount of $2,500,000,000 for commercial demonstration of clean coal technology
or similar projects funded through appropriations for the Environmental
Protection Agency. The federal contribution for a qualifying project shall be
at least 20% of the total cost of the demonstration project.
29. "Coal" means all solid fossil fuels
classified as anthracite, bituminous, subbituminous, or lignite by ASTM
D-388-91, (Classification of Coals by Rank).
30. "Combustion" means the burning of
matter.
31. "Commence" means, as
applied to construction of a source, or a major modification as defined in
Article 4 of this Chapter, that the owner or operator has all necessary
preconstruction approvals or permits and either has:
a. Begun, or caused to begin, a continuous
program of actual onsite construction of the source, to be completed within a
reasonable time; or
b. Entered into
binding agreements or contractual obligations, which cannot be cancelled or
modified without substantial loss to the owner or operator, to undertake a
program of actual construction of the source to be completed within a
reasonable time.
32.
"Construction" means any physical change or change in the method of operation,
including fabrication, erection, installation, demolition, or modification of
an emissions unit, which would result in a change in emissions.
33. "Continuous monitoring system" means a
CEMS, CERMS, or CPMS.
34.
"Continuous emissions monitoring system" or "CEMS" means the total equipment,
required under the emission monitoring provisions in this Chapter, used to
sample, condition (if applicable), analyze, and provide, on a continuous basis,
a permanent record of emissions.
35. "Continuous emissions rate monitoring
system" or "CERMS" means the total equipment required for the determination and
recording of the pollutant mass emissions rate (in terms of mass per unit of
time).
36. "Continuous parameter
monitoring system" or "CPMS" means the total equipment, required under the
emission monitoring provisions in this Chapter, to monitor process or control
device operational parameters (for example, control device secondary voltages
and electric currents) or other information (for example, gas flow rate,
O2 or CO2 concentrations) and to
provide, on a continuous basis, a permanent record of monitored
values.
37. "Controlled atmosphere
incinerator" means one or more refractory-lined chambers in which complete
combustion is promoted by recirculation of gases by mechanical means.
38.
"Conventional air pollutant"
means any pollutant for which the Administrator has promulgated a primary or
secondary national ambient air quality standard. A.R.S. §
49-401.01(12).
39.
"Department" means the Department
of Environmental Quality. A.R.S. §
49-101(2).
40.
"Director" means the director of
environmental quality who is also the director of the department.
A.R.S. §
49-101(3).
41. "Discharge" means the release or escape
of an effluent from a source into the atmosphere.
42. "Dust" means finely divided solid
particulate matter occurring naturally or created by mechanical processing,
handling or storage of materials in the solid state.
43. "Dust suppressant" means a chemical
compound or mixture of chemical compounds added with or without water to a dust
source for purposes of preventing air entrainment.
44. "Effluent" means any air contaminant
which is emitted and subsequently escapes into the atmosphere.
45. "Electric utility steam generating unit"
means any steam electric generating unit that is constructed for the purpose of
supplying more than one-third of its potential electric output capacity and
more than 25 MW electrical output to any utility power distribution system for
sale. Any steam supplied to a steam distribution system for the purpose of
providing steam to a steam-electric generator that would produce electrical
energy for sale is also considered in determining the electrical energy output
capacity of the affected facility.
46. "Emission" means an air contaminant or
gas stream, or the act of discharging an air contaminant or a gas stream,
visible or invisible.
47. "Emission
standard" or "emission limitation" means a requirement established by the
state, a local government, or the Administrator which limits the quantity,
rate, or concentration of emissions of air pollutants on a continuous basis,
including any requirements which limit the level of opacity, prescribe
equipment, set fuel specifications, or prescribe operation or maintenance
procedures for a source to assure continuous emission reduction.
48. "Emissions unit" means any part of a
stationary source which emits or would have the potential to emit any regulated
air pollutant and includes an electric steam generating unit.
49. "Equivalent method" means any method of
sampling and analyzing for an air pollutant which has been demonstrated under
R18-2-311(D) to
have a consistent and quantitatively known relationship to the reference
method, under specified conditions.
50. "Excess emissions" means emissions of an
air pollutant in excess of an emission standard as measured by the compliance
test method applicable to such emission standard.
51. "Federal applicable requirement" means
any of the following (including requirements that have been promulgated or
approved by EPA through rulemaking at the time of issuance but have future
effective compliance dates):
a. Any standard
or other requirement provided for in the applicable implementation plan
approved or promulgated by EPA through rulemaking under Title I of the Act that
implements the relevant requirements of the Act, including any revisions to
that plan promulgated in 40 CFR
52.
b. Any term or condition of any
preconstruction permits issued pursuant to regulations approved or promulgated
through rulemaking under Title I, including parts C or D, of the Act.
c. Any standard or other requirement under
section 111 of the Act, including 111(d).
d. Any standard or other requirement under
section 112 of the Act, including any requirement concerning accident
prevention under section 112(r)(7) of the Act.
e. Any standard or other requirement of the
acid rain program under Title IV of the Act or the regulations promulgated
thereunder and incorporated pursuant to
R18-2-333.
f. Any requirements established pursuant to
section 504(b) or section 114(a)(3) of the Act.
g. Any standard or other requirement
governing solid waste incineration, under section 129 of the Act.
h. Any standard or other requirement for
consumer and commercial products, under section 183(e) of the Act.
i. Any standard or other requirement for tank
vessels under section 183(f) of the Act.
j. Any standard or other requirement of the
program to control air pollution from outer continental shelf sources, under
section 328 of the Act.
k. Any
standard or other requirement of the regulations promulgated to protect
stratospheric ozone under Title VI of the Act, unless the Administrator has
determined that such requirements need not be contained in a Title V
permit.
l. Any national ambient air
quality standard or maximum increase allowed under
R18-2-218 or visibility
requirement under Part C of Title I of the Act, but only as it would apply to
temporary sources permitted pursuant to section 504(e) of the Act.
52. "Federal Land Manager" means,
with respect to any lands in the United States, the secretary of the department
with authority over such lands.
53.
"Federally enforceable" means all limitations and conditions which are
enforceable by the Administrator under the Act, including all of the following:
a. The requirements of the new source
performance standards and national emission standards for hazardous air
pollutants.
b. The requirements of
such other state or county rules or regulations approved by the Administrator,
including the requirements of state and county operating and new source review
permit and registration programs that have been approved by the Administrator.
Notwithstanding this subsection, the condition of any permit or registration
designated as being enforceable only by the state is not federally
enforceable.
c. The requirements of
any applicable implementation plan.
d. Emissions limitations, controls, and other
requirements, and any associated monitoring, recordkeeping, and reporting
requirements that are included in a permit pursuant to
R18-2-306.01 or
R18-2-306.02.
54. "Federally listed hazardous air
pollutant" means a pollutant listed pursuant to
R18-2-1701(9).
55. "Final permit" means the version of a
permit issued by the Department after completion of all review required by this
Chapter.
56. "Fixed capital cost"
means the capital needed to provide all the depreciable components.
57. "Fuel" means any material which is burned
for the purpose of producing energy.
58. "Fuel burning equipment" means any
machine, equipment, incinerator, device or other Article, except stationary
rotating machinery, in which combustion takes place.
59. "Fugitive emissions" means those
emissions which could not reasonably pass through a stack, chimney, vent, or
other functionally equivalent opening.
60. "Fume" means solid particulate matter
resulting from the condensation and subsequent solidification of vapors of
melted solid materials.
61. "Fume
incinerator" means a device similar to an afterburner installed for the purpose
of incinerating fumes, gases and other finely divided combustible particulate
matter not previously burned.
62.
"Good engineering practice (GEP) stack height" means a stack height meeting the
requirements described in
R18-2-332.
63. "Hazardous air pollutant" means any
federally listed hazardous air pollutant.
64. "Heat input" means the quantity of heat
in terms of Btus generated by fuels fed into the fuel burning equipment under
conditions of complete combustion.
65. "Incinerator" means any equipment,
machine, device, contrivance or other Article, and all appurtenances thereof,
used for the combustion of refuse, salvage materials or any other combustible
material except fossil fuels, for the purpose of reducing the volume of
material.
66. "Indian governing
body" means the governing body of any tribe, band, or group of Indians subject
to the jurisdiction of the United States and recognized by the United States as
possessing power of self-government.
67. "Indian reservation" means any federally
recognized reservation established by Treaty, Agreement, Executive Order, or
Act of Congress.
68. "Insignificant
activity" means any of the following activities:
a. Liquid Storage and Piping
i. Petroleum product storage tanks containing
the following substances, provided the applicant lists and identifies the
contents of each tank with a volume of 350 gallons or more and provides
threshold values for throughput or capacity or both for each such tank: diesel
fuels and fuel oil in storage tanks with capacity of 40,000 gallons or less,
lubricating oil, transformer oil, and used oil.
ii. Gasoline storage tanks with capacity of
10,000 gallons or less.
iii.
Storage and piping of natural gas, butane, propane, or liquified petroleum gas,
provided the applicant lists and identifies the contents of each stationary
storage vessel with a volume of 350 gallons or more and provides threshold
values for throughput or capacity or both for each such vessel.
iv. Piping of fuel oils, used oil and
transformer oil, provided the applicant includes a system
description.
v. Storage and
handling of drums or other transportable containers where the containers are
sealed during storage, and covered during loading and unloading, including
containers of waste and used oil regulated under the federal Resource
Conservation and Recovery Act,
42 U.S.C.
6901-
6992(k). Permit
applicants must provide a description of material in the containers and the
approximate amount stored.
vi.
Storage tanks of any size containing exclusively soaps, detergents, waxes,
greases, aqueous salt solutions, aqueous solutions of acids that are not
regulated air pollutants, or aqueous caustic solutions, provided the permit
applicant specifies the contents of each storage tank with a volume of 350
gallons or more.
vii. Electrical
transformer oil pumping, cleaning, filtering, drying and the re-installation of
oil back into transformers.
b. Internal combustion engine-driven
compressors, internal combustion engine-driven electrical generator sets, and
internal combustion engine-driven water pumps used for less than 500 hours per
calendar year for emergency replacement or standby service, provided the
permittee keeps records documenting the hours of operation of this
equipment.
c. Low Emitting
Processes
i. Batch mixers with rated capacity
of 5 cubic feet or less.
ii. Wet
sand and gravel production facilities that obtain material from subterranean
and subaqueous beds, whose production rate is 200 tons/hour or less, and whose
permanent in-plant roads are paved and cleaned to control dust. This does not
include activities in emissions units which are used to crush or grind any
non-metallic minerals.
iii. Powder
coating operations.
iv. Equipment
using water, water and soap or detergent, or a suspension of abrasives in water
for purposes of cleaning or finishing.
v. Blast-cleaning equipment using a
suspension of abrasive in water and any exhaust system or collector serving
them exclusively.
vi. Plastic pipe
welding.
d. Site
Maintenance
i. Housekeeping activities and
associated products used for cleaning purposes, including collecting spilled
and accumulated materials at the source, including operation of fixed vacuum
cleaning systems specifically for such purposes.
ii. Sanding of streets and roads to abate
traffic hazards caused by ice and snow.
iii. Street and parking lot
striping.
iv. Architectural
painting and associated surface preparation for maintenance purposes at
industrial or commercial facilities.
e. Sampling and Testing
i. Noncommercial (in-house) experimental,
analytical laboratory equipment which is bench scale in nature, including
quality control/quality assurance laboratories supporting a stationary source
and research and development laboratories.
ii. Individual sampling points, analyzers,
and process instrumentation, whose operation may result in emissions but that
are not regulated as emission units.
f. Ancillary Non-Industrial Activities
i. General office activities, such as paper
shredding, copying, photographic activities, and blueprinting, but not to
include incineration.
ii. Use of
consumer products, including hazardous substances as that term is defined in
the Federal Hazardous Substances Act (15 U.S.C.
1261 et seq.) where the
product is used at a source in the same manner as normal consumer
use.
iii. Activities directly used
in the diagnosis and treatment of disease, injury or other medical condition.
g. Miscellaneous
Activities
i. Installation and operation of
potable, process and waste water observation wells, including drilling,
pumping, filtering apparatus.
ii.
Transformer vents.
69. "Kraft pulp mill" means any stationary
source which produces pulp from wood by cooking or digesting wood chips in a
water solution of sodium hydroxide and sodium sulfide at high temperature and
pressure. Regeneration of the cooking chemicals through a recovery process is
also considered part of the kraft pulp mill.
70. "Lead" means elemental lead or alloys in
which the predominant component is lead.
71. "Lime hydrator" means a unit used to
produce hydrated lime product.
72.
"Lime plant" includes any plant which produces a lime product from limestone by
calcination. Hydration of the lime product is also considered to be part of the
source.
73. "Lime product" means
any product produced by the calcination of limestone.
74. "Major modification" is defined as
follows:
a. A major modification is any
physical change in or change in the method of operation of a major source that
would result in both a significant emissions increase of any regulated NSR
pollutant and a significant net emissions increase of that pollutant from the
stationary source.
b. Any emissions
increase or net emissions increase that is significant for nitrogen oxides or
volatile organic compounds is significant for ozone.
c. For the purposes of this definition, none
of the following is a physical change or change in the method of operation:
i. Routine maintenance, repair, and
replacement;
ii. Use of an
alternative fuel or raw material by reason of an order under sections 2(a) and
(b) of the Energy Supply and Environmental Coordination Act of 1974,
15 U.S.C.
792, or by reason of a natural gas
curtailment plan under the Federal Power Act,
16 U.S.C.
792 -
825r;
iii. Use of an alternative fuel by reason of
an order or rule under section 125 of the Act;
iv. Use of an alternative fuel at a steam
generating unit to the extent that the fuel is generated from municipal solid
waste;
v. For purposes of
determining the applicability of
R18-2-403 through
R18-2-405 or
R18-2-411, any of the following:
(1) Use of an alternative fuel or raw
material by a stationary source that the source was capable of accommodating
before December 21, 1976, unless the change would be prohibited under any
federally enforceable permit condition established after December 12, 1976
under 40 CFR
52.21 or under Articles 3 or 4 of this
Chapter; or
(2) Use of an
alternative fuel or raw material by a stationary source that the source is
approved to use under any permit issued under
R18-2-403;
(3) An increase in the hours of operation or
in the production rate, unless the change would be prohibited under any
federally enforceable permit condition established after December 21, 1976,
under 40 CFR
52.21, or under Articles 3 or 4 of this
Chapter.
vi. For
purposes of determining the applicability of
R18-2-406 through
R18-2-408 or
R18-2-410, any of the following:
(1) Use of an alternative fuel or raw
material by a stationary source that the source was capable of accommodating
before January 6, 1975, unless the change would be prohibited under any
federally enforceable permit condition established after January 6, 1975 under
40 CFR
52.21 or under Articles 3 or 4 of this
Chapter;
(2) Use of an alternative
fuel or raw material by a stationary source that the source is approved to use
under any permit issued under
40 CFR
52.21, or under
R18-2-406; or
(3) An increase in the hours of operation or
in the production rate, unless the change would be prohibited under any
federally enforceable permit condition established after January 6, 1975, under
40 CFR
52.21, or under Articles 3 or 4 of this
Chapter.
vii. Any change
in ownership at a stationary source;
viii. [Reserved.]
ix. The installation, operation, cessation,
or removal of a temporary clean coal technology demonstration project, if the
project complies with:
(1) The SIP,
and
(2) Other requirements
necessary to attain and maintain the national ambient air quality standards
during the project and after it is terminated;
x. For electric utility steam generating
units located in attainment and unclassifiable areas only, the installation or
operation of a permanent clean coal technology demonstration project that
constitutes repowering, if the project does not result in an increase in the
potential to emit any regulated pollutant emitted by the unit. This exemption
applies on a pollutant-by-pollutant basis; and
xi. For electric utility steam generating
units located in attainment and unclassifiable areas only, the reactivation of
a very clean coal-fired electric utility steam generating unit.
d. This definition shall not apply
with respect to a particular regulated NSR pollutant when the major source is
complying with the requirements of
R18-2-412 for a PAL for that
regulated NSR pollutant. Instead, the definition of PAL major modification in
R18-2-401(20)
shall apply.
75. "Major
source" means:
b. A major source under section 112 of the
Act:
i. For pollutants other than
radionuclides, any stationary source that emits or has the potential to emit,
in the aggregate, including fugitive emission 10 tons per year (tpy) or more of
any hazardous air pollutant which has been listed pursuant to section 112(b) of
the Act, 25 tpy or more of any combination of such hazardous air pollutants, or
such lesser quantity as described in Article 11 of this Chapter.
Notwithstanding the preceding sentence, emissions from any oil or gas
exploration or production well (with its associated equipment) and emissions
from any pipeline compressor or pump station shall not be aggregated with
emissions from other similar units, whether or not such units are in a
contiguous area or under common control, to determine whether such units or
stations are major sources; or
ii.
For radionuclides, "major source" shall have the meaning specified by the
Administrator by rule.
c.
A major stationary source, as defined in section 302 of the Act, that directly
emits or has the potential to emit, 100 tpy or more of any air pollutant
including any major source of fugitive emissions of any such pollutant. The
fugitive emissions of a stationary source shall not be considered in
determining whether it is a major stationary source for the purposes of section
302(j) of the Act, unless the source belongs to a section 302(j)
category.
76.
"Malfunction" means any sudden and unavoidable failure of air pollution control
equipment, process equipment or a process to operate in a normal and usual
manner, but does not include failures that are caused by poor maintenance,
careless operation or any other upset condition or equipment breakdown which
could have been prevented by the exercise of reasonable care.
77. "Minor source" means a source of air
pollution which is not a major source for the purposes of Article 4 of this
Chapter and over which the Director, acting pursuant to A.R.S. §
49-402(B), has
asserted jurisdiction.
78. "Minor
source baseline area" means the air quality control region in which the source
is located.
79.
"Mobile
source" means any combustion engine, device, machine or equipment that operates
during transport and that emits or generates air contaminants whether in motion
or at rest. A.R.S. §
49-401.01(23).
80.
"Modification" or "modify" means
a physical change in or change in the method of operation of a source that
increases the emissions of any regulated air pollutant emitted by such source
by more than any relevant de minimis amount or that results in the emission of
any regulated air pollutant not previously emitted by more than such de minimis
amount. An increase in emissions at a minor source shall be determined by
comparing the source's potential to emit before and after the modification. The
following exemptions apply:
a. A
physical or operational change does not include routine maintenance, repair or
replacement.
b. An increase in the
hours of operation or if the production rate is not considered an operational
change unless such increase is prohibited under any permit condition that is
legally and practically enforceable by the department.
c.
A change in ownership at a source
is not considered a modification. A.R.S. §
49-401.01(24).
81. "Monitoring device" means the total
equipment, required under the applicable provisions of this Chapter, used to
measure and record, if applicable, process parameters.
82. "Motor vehicle" means any self-propelled
vehicle designed for transporting persons or property on public
highways.
83. "Multiple chamber
incinerator" means three or more refractory-lined combustion chambers in
series, physically separated by refractory walls and interconnected by gas
passage ports or ducts.
84.
"Natural conditions" includes naturally occurring phenomena that reduce
visibility as measured in terms of light extinction, visual range, contrast, or
coloration.
85.
"National
ambient air quality standard" means the ambient air pollutant concentration
limits established by the Administrator pursuant to section 109 of the
Act. A.R.S. §
49-401.01(25).
86. "National emission standards for
hazardous air pollutants" or "NESHAP" means standards adopted by the
Administrator under section 112 of the Act.
87. "Necessary preconstruction approvals or
permits" means those permits or approvals required under the Act and those air
quality control laws and rules which are part of the SIP.
88. "Net emissions increase" means:
a. The amount by which the sum of subsections
(88)(a)(i) and (ii) exceeds zero:
i. The
increase in emissions of a regulated NSR pollutant from a particular physical
change or change in the method of operation at a stationary source as
calculated pursuant to
R18-2-402(D);
and
ii. Any other increases and
decreases in actual emissions of the regulated NSR pollutant at the source that
are contemporaneous with the particular change and are otherwise
creditable.
iii. For purposes of
calculating increases and decreases in actual emissions under subsection
(88)(a)(ii), baseline actual emissions shall be determined as provided in the
definition of baseline actual emissions in
R18-2-401(2),
except that
R18-2-401(2)(a)(iii) and
(b)(iv) shall not apply.
b. An increase or decrease in actual
emissions is contemporaneous with the increase from the particular change only
if it occurs between:
i. The date five years
before a complete application for a permit or permit revision authorizing the
particular change is submitted or actual construction of the particular change
begins, whichever occurs earlier, and
ii. The date that the increase from the
particular change occurs.
c. For purposes of determining the
applicability of
R18-2-403 through
R18-2-405 or
R18-2-411, an increase or decrease
in actual emissions is creditable only if the Director has not relied on it in
issuing a permit or permit revision under
R18-2-403, which permit is in
effect when the increase in actual emissions from the particular change occurs.
For purposes of determining the applicability of
R18-2-406 through
R18-2-408 or
R18-2-410, an increase or decrease
in actual emissions is creditable only if the Director has not relied on it in
issuing a permit under
R18-2-406, which permit is in
effect when the increase in actual emissions from the particular change
occurs.
d. An increase or decrease
in actual emissions of sulfur dioxide, nitrogen oxides,
PM
10, or PM
2.5 which occurs
before the applicable minor source baseline date, as defined in
R18-2-218, is creditable only if
it is required to be considered in calculating the amount of maximum allowable
increases remaining available.
e.
An increase in actual emissions is creditable only to the extent that the new
level of actual emissions exceeds the old level.
f. A decrease in actual emissions is
creditable only to the extent that it satisfies all of the following
conditions:
i. The old level of actual
emissions or the old level of allowable emissions, whichever is lower, exceeds
the new level of actual emissions.
ii. It is enforceable as a practical matter
at and after the time that actual construction on the particular change
begins.
iii. It has approximately
the same qualitative significance for public health and welfare as that
attributed to the increase from the particular change.
iv. The emissions unit was actually operated
and emitted the specific pollutant.
v. For purposes of determining the
applicability of
R18-2-403 through
R18-2-405 or
R18-2-411, the Director has not
relied on it in issuing any permit, permit revision, or registration under
Article 4, R18-2-302.01, (or)
R18-2-334, and the state has not
relied on it in demonstrating attainment or reasonable further
progress.
g. An increase
that results from a physical change at a source occurs when the emissions unit
on which construction occurred becomes operational and begins to emit a
particular pollutant. Any replacement unit, as defined in
R18-2-401(24),
that requires shakedown becomes operational only after a reasonable shakedown
period, not to exceed 180 days.
h.
Subsection (2)(a) shall not apply for determining creditable increases and
decreases.
89. "New
source" means any stationary source of air pollution which is subject to a new
source performance standard.
90.
"New source performance standards" or "NSPS" means standards adopted by the
Administrator under section 111(b) of the Act.
91. "Nitric acid plant" means any facility
producing nitric acid 30% to 70% in strength by either the pressure or
atmospheric pressure process.
92.
"Nitrogen oxides" means all oxides of nitrogen except nitrous oxide, as
measured by test methods set forth in the Appendices to 40 CFR
60.
93. "Nonattainment area" means an area so
designated by the Administrator acting pursuant to section 107 of the Act as
exceeding national primary or secondary ambient air standards for a particular
pollutant or pollutants.
94.
"Nonpoint source" means a source of air contaminants which lacks an
identifiable plume or emission point.
95. "Opacity" means the degree to which
emissions reduce the transmission of light and obscure the view of an object in
the background.
96. "Operation"
means any physical or chemical action resulting in the change in location,
form, physical properties, or chemical character of a material.
97. "Owner or operator" means any person who
owns, leases, operates, controls, or supervises an affected facility or a
stationary source.
98. "Particulate
matter" means any airborne finely divided solid or liquid material with an
aerodynamic diameter smaller than 100 micrometers.
99. "Particulate matter emissions" means all
finely divided solid or liquid materials other than uncombined water, emitted
to the ambient air as measured by applicable test methods and procedures
described in
R18-2-311.
100.
"Permitting authority" means the
department or a county department, agency or air pollution control district
that is charged with enforcing a permit program adopted pursuant to A.R.S.
§
49-480(A).
A.R.S. §
49-401.01(28).
101. "Permitting exemption thresholds" for a
regulated minor NSR pollutant means the following:
|
Regulated Air
Pollutant
|
Emission Rate in tons per year
(TPY)
|
|
PM2.5 (primary emissions only;
levels for precursors are set below)
|
5
|
|
PM10
|
7.5
|
|
SO2
|
20
|
|
NOx
|
20
|
|
VOC
|
20
|
|
CO
|
50
|
|
Pb
|
0.3
|
102.
"Person" means any public or private corporation, company, partnership, firm,
association or society of persons, the federal government and any of its
departments or agencies, the state and any of its agencies, departments or
political subdivisions, as well as a natural person.
103.
"Planning agency" means an
organization designated by the governor pursuant to
42 U.S.C.
7504. A.R.S. §
49-401.01(29).
104. "PM
2.5" means
particulate matter with an aerodynamic diameter less than or equal to a nominal
2.5 micrometers as measured by a reference method based on 40 CFR
50 Appendix
L, or by an equivalent method designated according to 40 CFR
53.
105. "PM
10" means
particulate matter with an aerodynamic diameter less than or equal to a nominal
10 micrometers as measured by a reference method contained within 40 CFR
50
Appendix J or by an equivalent method designated in accordance with 40 CFR
53.
106.
"PM
10 emissions" 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 applicable test methods
and procedures described in
R18-2-311.
107. "Plume" means visible
effluent.
108. "Pollutant" means an
air contaminant the emission or ambient concentration of which is regulated
pursuant to this Chapter.
109.
"Portable source" means any stationary source that is capable of being operated
at more than one location.
110.
"Potential to emit" or "potential emission rate" means the maximum capacity of
a stationary source to emit a pollutant, excluding secondary emissions, under
its physical and operational design. Any physical or operational limitation on
the capacity of the source to emit a pollutant, including air pollution control
equipment and restrictions on hours of operation or on the type or amount of
material combusted, stored, or processed, shall be treated as part of its
design if the limitation or the effect it would have on emissions is legally
and practically enforceable by the Department or a county under A.R.S. Title
49, Chapter 3; any rule, ordinance, order or permit adopted or issued under
A.R.S. Title 49, Chapter 3 or the state implementation plan.
111. "Predictive Emissions Monitoring System"
or "PEMS" means the total equipment, required under the emission monitoring
provisions in this Chapter, to monitor process and control device operational
parameters (for example, control device secondary voltages and electric
currents) and other information (for example, gas flow rate, O2 or CO2
concentrations), and calculate and record the mass emissions rate (for example,
lb/hr) on a continuous basis.
112.
"Primary ambient air quality standards" means the ambient air quality standards
which define levels of air quality necessary, with an adequate margin of
safety, to protect the public health, as specified in Article 2 of this
Chapter.
113. "Process" means one
or more operations, including equipment and technology, used in the production
of goods or services or the control of by-products or waste.
114. "Project" means a physical change in, or
change in the method of operation of, an existing major source.
115. "Proposed final permit" means the
version of a Class I permit or Class I permit revision that the Department
proposes to issue and forwards to the Administrator for review in compliance
with
R18-2-307(A) . A
proposed final permit constitutes a final and enforceable authorization to
begin actual construction of, but not to operate, a new Class I source or a
modification to a Class I source.
116. "Proposed permit" means the version of a
permit for which the Director offers public participation under
R18-2-330 or affected state review
under
R18-2-307(D).
117. "Reactivation of a very clean coal-fired
electric utility steam generating unit" means any physical change or change in
the method of operation associated with commencing commercial operations by a
coal-fired utility unit after a period of discontinued operation if the unit:
a. Has not been in operation for the two-year
period before enactment of the Clean Air Act Amendments of 1990, and the
emissions from the unit continue to be carried in the Director's emissions
inventory at the time of enactment;
b. Was equipped before shutdown with a
continuous system of emissions control that achieves a removal efficiency for
sulfur dioxide of no less than 85% and a removal efficiency for particulates of
no less than 98%;
c. Is equipped
with low-NOx burners before commencement of operations following reactivation;
and
d. Is otherwise in compliance
with the Act.
118.
"Reasonable further progress" means the schedule of emission reductions defined
within a nonattainment area plan as being necessary to come into compliance
with a national ambient air quality standard by the primary standard attainment
date.
119. "Reasonably available
control technology" (RACT) means devices, systems, process modifications, work
practices or other apparatus or techniques that are determined by the Director
to be reasonably available taking into account:
a. The necessity of imposing the controls in
order to attain and maintain a national ambient air quality standard;
b. The social, environmental, energy and
economic impact of the controls;
c.
Control technology in use by similar sources; and
d. The capital and operating costs and
technical feasibility of the controls.
120. "Reclaiming machinery" means any
machine, equipment device or other Article used for picking up stored granular
material and either depositing this material on a conveyor or reintroducing
this material into the process.
121. "Reference method" means the methods of
sampling and analyzing for an air pollutant as described in the Arizona Testing
Manual; 40 CFR
50, Appendices A through K; 40 CFR
51, Appendix M; 40 CFR
52,
Appendices D and E; 40 CFR
60, Appendices A through F; and 40 CFR
61,
Appendices B and C, as incorporated by reference in 18 A.A.C.
2, Appendix
2.
122. "Regulated air pollutant"
means any of the following:
a. Any
conventional air pollutant.
b.
Nitrogen oxides and volatile organic compounds.
c. Any pollutant that is subject to a new
source performance standard.
d. Any
pollutant that is subject to a national emission standard for hazardous air
pollutants or other requirements established under section 112 of the Act,
including sections 112(g), (j), and (r), including the following:
i. Any pollutant subject to requirements
under section 112(j) of the act. If the administrator fails to promulgate a
standard by the date established pursuant to section 112(e) of the act, any
pollutant for which a subject source would be major shall be considered to be
regulated on the date 18 months after the applicable date established pursuant
to section 112(e) of the Act; and
ii. Any pollutant for which the requirements
of section 112(g)(2) of the Act have been met, but only with respect to the
individual source subject to the section 112(g)(2) requirement.
e. Any Class I or II substance
subject to a standard promulgated under title VI of the Act.
123. "Regulated minor NSR
pollutant" means any pollutant for which a national ambient air quality
standard has been promulgated and the following precursors for such pollutants:
a. VOC and nitrogen oxides as precursors to
ozone.
b. Nitrogen oxides and
sulfur dioxide as precursors to PM2.5.
124. "Regulated NSR pollutant" is
defined as follows:
a. For purposes of
determining the applicability of
R18-2-403 through
R18-2-405 and
R18-2-411, regulated NSR pollutant
means any pollutant for which a national ambient air quality standard has been
promulgated and any pollutant identified under this subsection as a constituent
of or precursor to such pollutant, provided that such constituent or precursor
pollutant may only be regulated under NSR as part of the regulation of the
general pollutant. Precursors for purposes of NSR are the following:
i. Volatile organic compounds and nitrogen
oxides are precursors to ozone in all areas.
ii. Sulfur dioxide is a precursor to
PM2.5 in all areas.
iii. Nitrogen oxides are precursors to
PM2.5 in all areas.
iv. VOC and ammonia are precursors to
PM2.5 in PM2.5 nonattainment
areas.
b. For all other
purposes, regulated NSR pollutant means the pollutants identified in subsection
(a) and the following:
i. Any pollutant that
is subject to any new source performance standard except greenhouse gases as
defined in 40 CFR
86.1818-12(a).
ii. Any Class I or II substance subject to a
standard promulgated under or established by Title VI of the Act as of July 1,
2011.
iii. Any pollutant that is
otherwise subject to regulation under the Act, except greenhouse gases as
defined in 40 CFR
86.1818-12(a).
c. Notwithstanding subsections (124)(a) and
(b), the term regulated NSR pollutant shall not include any or all hazardous
air pollutants either listed in section 112 of the Act, or added to the list
pursuant to section 112(b)(2) of the Act, unless the listed hazardous air
pollutant is also regulated as a constituent or precursor of a general
pollutant listed under section 108 of the Act.
d. PM2.5 emissions and
PM10 emissions shall include gaseous emissions from a
source or activity which condense to form particulate matter at ambient
temperatures. On and after January 1, 2011, condensable particulate matter
shall be accounted for in applicability determinations and in establishing
emissions limitations for PM2.5 and
PM10 in permits issued under Article 4.
125. "Repowering" means:
a. Replacing an existing coalfired boiler
with one of the following clean coal technologies:
i. Atmospheric or pressurized fluidized bed
combustion;
ii. Integrated
gasification combined cycle;
iii.
Magnetohydrodynamics;
iv. Direct
and indirect coalfired turbines;
v.
Integrated gasification fuel cells; or
vi. As determined by the Administrator, in
consultation with the United States Secretary of Energy, a derivative of one or
more of the above technologies; and
vii. Any other technology capable of
controlling multiple combustion emissions simultaneously with improved boiler
or generation efficiency and with significantly greater waste reduction
relative to the performance of technology in widespread commercial use as of
November 15, 1990.
b.
Repowering also includes any oil, gas, or oil and gasfired unit that has been
awarded clean coal technology demonstration funding as of January 1, 1991, by
the United States Department of Energy.
c. The Director shall give expedited
consideration to permit applications for any source that satisfies the
requirements of this subsection (and) is granted an extension under section 409
of the Act.
126. "Run"
means the net period of time during which an emission sample is collected,
which may be, unless otherwise specified, either intermittent or continuous
within the limits of good engineering practice.
127. "Secondary ambient air quality
standards" means the ambient air quality standards which define levels of air
quality necessary to protect the public welfare from any known or anticipated
adverse effects of a pollutant, as specified in Article 2 of this
Chapter.
128. "Secondary emissions"
means emissions which are specific, well defined, quantifiable, occur as a
result of the construction or operation of a major source or major
modification, but do not come from the major source or major modification
itself, and impact the same general area as the stationary source or
modification which causes the secondary emissions. Secondary emissions include
emissions from any offsite support facility which would not otherwise be
constructed or increase its emissions except as a result of the construction or
operation of the major source or major modification. Secondary emissions do not
include any emissions which come directly from a mobile source, such as
emissions from the tailpipe of a motor vehicle, from a train, or from a
vessel.
129. "Section 302(j)
category" means:
a. Any of the classes of
sources listed in the definition of categorical source in subsection (23);
or
b. Any category of affected
facility which, as of August 7, 1980, is being regulated under section 111 or
112 of the Act.
130.
"Shutdown" means the cessation of operation of any air pollution control
equipment or process equipment for any purpose, except routine phasing out of
process equipment.
131.
"Significant" means, in reference to a significant emissions increase, a net
emissions increase, a stationary source's potential to emit or a stationary
source's maximum capacity to emit with any elective limits as defined in
R18-2-301(13):
a. A rate of emissions of conventional
pollutants that would equal or exceed any of the following:
|
Pollutant
|
Emissions Rate
|
|
Carbon monoxide
|
100 tons per year (tpy)
|
|
Nitrogen oxides
|
40 tpy
|
|
Sulfur dioxide
|
40 tpy
|
|
PM10
|
15 tpy
|
|
PM2.5
|
10 tpy of direct PM2.5
emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide
emissions.
|
|
Ozone
|
40 tpy of VOC or nitrogen oxides
|
|
Lead
|
0.6 tpy
|
b.
For purposes of determining the applicability of
R18-2-302(B)(2)
or
R18-2-406, in addition to the
rates specified in subsection (131)(a), a rate of emissions of non-conventional
pollutants that would equal or exceed any of the following:
|
Pollutant
|
Emissions Rate
|
|
Particulate matter
|
25 tpy
|
|
Fluorides
|
3 tpy
|
|
Sulfuric acid mist
|
7 tpy
|
|
Hydrogen sulfide
(H2S)
|
10 tpy
|
|
Total reduced sulfur (including
H2S)
|
10 tpy
|
|
Reduced sulfur compounds (including
H2S)
|
10 tpy
|
|
Municipal waste combustor organics (measured as total
tetra-through octa-chlorinated dibenzo-p-dioxins and
dibenzofurans)
|
3.5 x 10-6 tpy
|
|
Municipal waste combustor metals (measured as
particulate matter)
|
15 tpy
|
|
Municipal waste combustor acid gases (measured as
sulfur dioxide and hydrogen chloride)
|
40 tpy
|
|
Municipal solid waste landfill emissions (measured as
nonmethane organic compounds)
|
50 tpy
|
|
Any regulated NSR pollutant not specifically listed
in this subsection (or) subsection (131)(a), except for
ammonia.
|
Any emission rate
|
c. In
ozone nonattainment areas classified as serious or severe, the emission rate
for nitrogen oxides or VOC determined under
R18-2-405.
d. In a carbon monoxide nonattainment area
classified as serious, a rate of emissions that would equal or exceed 50 tons
per year, if the Administrator has determined that stationary sources
contribute significantly to carbon monoxide levels in that area.
e. In PM2.5
nonattainment areas, an emission rate that would equal or exceed 40 tons per
year of VOC as a precursor of PM2.5.
f. In PM
2.5
nonattainment areas, for purposes of determining the applicability of
R18-2-403 or
R18-2-404, an emission rate that
would equal or exceed 40 tons per year of ammonia, as a precursor to
PM
2.5. This subsection shall take effect on the
effective date of the Administrator's action approving it as part of the state
implementation plan.
g.
Notwithstanding the emission rates listed in subsection (131)(a) or (b), for
purposes of determining the applicability of
R18-2-406, any emissions rate or
any net emissions increase associated with a major source or major
modification, which would be constructed within 10 kilometers of a Class I area
and have an impact on the ambient air quality of such area equal to or greater
than 1 µg/m
3 (24-hour
average).
132.
"Significant emissions increase" means, for a regulated NSR pollutant, an
increase in emissions that is significant as defined in this Section for that
pollutant.
133. "Smoke" means
particulate matter resulting from incomplete combustion.
134.
"Source" means any building,
structure, facility or installation that may cause or contribute to air
pollution or the use of which may eliminate, reduce or control the emission of
air pollution. A.R.S. §
49-401.01(23).
135. "Stack" means any point in a source
designed to emit solids, liquids, or gases into the air, including a pipe or
duct but not including flares.
136.
"Stack in existence" means that the owner or operator had either:
a. Begun, or caused to begin, a continuous
program of physical onsite construction of the stack;
b. Entered into binding agreements or
contractual obligations, which could not be cancelled or modified without
substantial loss to the owner or operator, to undertake a program of
construction of the stack to be completed in a reasonable time.
137. "Start-up" means the setting
into operation of any air pollution control equipment or process equipment for
any purpose except routine phasing in of process equipment.
138. "State implementation plan" or "SIP"
means the accumulated record of enforceable air pollution control measures,
programs and plans adopted by the Director and submitted to and approved by the
Administrator pursuant to 42
U.S.C.
7410.
139. "Stationary rotating machinery" means
any gas engine, diesel engine, gas turbine, or oil fired turbine operated from
a stationary mounting and used for the production of electric power or for the
direct drive of other equipment.
140. "Stationary source" means any building,
structure, facility or installation which emits or may emit any regulated NSR
pollutant, any regulated air pollutant or any pollutant listed under section
112(b) of the act. "Building," "structure," "facility," or "installation" means
all of the pollutant-emitting activities which belong to the same industrial
grouping, are located on one or more contiguous or adjacent properties, and are
under the control of the same person or persons under common control.
Pollutant-emitting activities shall be considered as part of the same
industrial grouping if they belong to the same "Major Group" as described in
the "Standard Industrial Classification Manual, 1987."
141. "Subject to regulation" means, for any
air pollutant, that the pollutant is subject to either a provision in the Act,
or a nationally-applicable regulation codified by the administrator in 40 CFR
chapter I, subchapter
C, that requires actual control of the quantity of
emissions of that pollutant, and that such a control requirement has taken
effect and is operative to control, limit or restrict the quantity of emissions
of that pollutant released from the regulated activity.
142. "Sulfuric acid plant" means any facility
producing sulfuric acid by the contact process by burning elemental sulfur,
alkylation acid, hydrogen sulfide, or acid sludge, but does not include
facilities where conversion to sulfuric acid is utilized as a means of
preventing emissions of sulfur dioxide or other sulfur compounds to the
atmosphere.
143. "Temporary clean
coal technology demonstration project" means a clean coal technology
demonstration project operated for five years or less, and that complies with
the applicable implementation plan and other requirements necessary to attain
and maintain the national ambient air quality standards during the project and
after the project is terminated.
144. "Temporary source" means a source which
is portable, as defined in A.R.S. §
49-401.01(23)
and which is not an affected source.
145. "Total reduced sulfur" (TRS) means the
sum of the sulfur compounds, primarily hydrogen sulfide, methyl mercaptan,
dimethyl sulfide, and dimethyl disulfide, that are released during kraft
pulping and other operations and measured by Method 16 in 40 CFR
60, Appendix
A.
146. "Trivial activities" means
activities and emissions units, such as the following, that may be omitted from
a permit or registration application. Certain of the following listed
activities include qualifying statements intended to exclude similar
activities:
a. Low-Emitting Combustion
i. Combustion emissions from propulsion of
mobile sources;
ii. Emergency or
backup electrical generators at residential locations;
iii. Portable electrical generators that can
be moved by hand from one location to another. "Moved by hand" means capable of
being moved without the assistance of any motorized or non-motorized vehicle,
conveyance, or device;
b.
Low- Or Non-Emitting Industrial Activities
i.
Blacksmith forges;
ii. Hand-held or
manually operated equipment used for buffing, polishing, carving, cutting,
drilling, sawing, grinding, turning, routing or machining of ceramic art work,
precision parts, leather, metals, plastics, fiberboard, masonry, carbon, glass,
or wood;
iii. Brazing, soldering,
and welding equipment, and cutting torches related to manufacturing and
construction activities that do not result in emission of HAP metals. Brazing,
soldering, and welding equipment, and cutting torches related to manufacturing
and construction activities that emit HAP metals are insignificant activities
based on size or production level thresholds. Brazing, soldering, and welding
equipment, and cutting torches directly related to plant maintenance and upkeep
and repair or maintenance shop activities that emit HAP metals are treated as
trivial and listed separately in this definition;
iv. Drop hammers or hydraulic presses for
forging or metalworking;
v. Air
compressors and pneumatically operated equipment, including hand
tools;
vi. Batteries and battery
charging stations, except at battery manufacturing plants;
vii. Drop hammers or hydraulic presses for
forging or metalworking;
viii.
Equipment used exclusively to slaughter animals, not including other equipment
at slaughterhouses, such as rendering cookers, boilers, heating plants,
incinerators, and electrical power generating equipment;
ix. Hand-held applicator equipment for hot
melt adhesives with no VOC in the adhesive formulation;
x. Equipment used for surface coating,
painting, dipping, or spraying operations, except those that will emit VOC or
HAP;
xi. CO2 lasers used only on
metals and other materials that do not emit HAP in the process;
xii. Electric or steam-heated drying ovens
and autoclaves, but not the emissions from the articles or substances being
processed in the ovens or autoclaves or the boilers delivering the
steam;
xiii. Salt baths using
nonvolatile salts that do not result in emissions of any regulated air
pollutants;
xiv. Laser trimmers
using dust collection to prevent fugitive emissions;
xv. Process water filtration systems and
demineralizers;
xvi. Demineralized
water tanks and demineralizer vents;
xvii. Oxygen scavenging or de-aeration of
water;
xviii. Ozone
generators;
xix. Steam vents and
safety relief valves;
xx. Steam
leaks; and
xxi. Steam cleaning
operations and steam sterilizers;
xxii. Use of vacuum trucks and high pressure
washer/cleaning equipment within the stationary source boundaries for cleanup
and in-source transfer of liquids and slurried solids to waste water treatment
units or conveyances;
xxiii.
Equipment using water, water and soap or detergent, or a suspension of
abrasives in water for purposes of cleaning or finishing.
xxiv. Electric motors.
c. Building and Site Maintenance Activities
i. Plant and building maintenance and upkeep
activities, including grounds-keeping, general repairs, cleaning, painting,
welding, plumbing, re-tarring roofs, installing insulation, and paving parking
lots, if these activities are not conducted as part of a manufacturing process,
are not related to the source's primary business activity, and do not otherwise
trigger a permit revision. Cleaning and painting activities qualify as trivial
activities if they are not subject to VOC or hazardous air pollutant control
requirements;
ii. Repair or
maintenance shop activities not related to the source's primary business
activity, not including emissions from surface coating, de-greasing, or solvent
metal cleaning activities, and not otherwise triggering a permit
revision;
iii. Janitorial services
and consumer use of janitorial products;
iv. Landscaping activities;
v. Routine calibration and maintenance of
laboratory equipment or other analytical instruments;
vi. Sanding of streets and roads to abate
traffic hazards caused by ice and snow;
vii. Street and parking lot
striping;
viii. Caulking operations
which are not part of a production process.
d. Incidental, Non-Industrial Activities
i. Air-conditioning units used for human
comfort that do not have applicable requirements under Title VI of the
Act;
ii. Ventilating units used for
human comfort that do not exhaust air pollutants into the ambient air from any
manufacturing, industrial or commercial process;
iii. Tobacco smoking rooms and
areas;
iv. Non-commercial food
preparation;
v. General office
activities, such as paper shredding, copying, photographic activities, pencil
sharpening and blueprinting, but not including incineration;
vi. Laundry activities, except for
dry-cleaning and steam boilers;
vii. Bathroom and toilet vent
emissions;
viii. Fugitive emissions
related to movement of passenger vehicles, if the emissions are not counted for
applicability purposes under subsection (146)(c) of the definition of major
source in this Section and any required fugitive dust control plan or its
equivalent is submitted with the application;
ix. Use of consumer products, including
hazardous substances as that term is defined in the Federal Hazardous
Substances Act (15 U.S.C.
1261 et seq.) where the product is used at a
source in the same manner as normal consumer use;
x. Activities directly used in the diagnosis
and treatment of disease, injury or other medical condition;
xi. Circuit breakers;
xii. Adhesive use which is not related to
production.
e. Storage,
Piping and Packaging
i. Storage tanks,
vessels, and containers holding or storing liquid substances that will not emit
any VOC or HAP;
ii. Storage tanks,
reservoirs, and pumping and handling equipment of any size containing soaps,
vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions, if
appropriate lids and covers are used;
iii. Chemical storage associated with water
and wastewater treatment where the water is treated for consumption and/or use
within the permitted facility;
iv.
Chemical storage associated with water and wastewater treatment where the water
is treated for consumption and/or use within the permitted facility;
v. Storage cabinets for flammable
products;
vi. Natural gas pressure
regulator vents, excluding venting at oil and gas production
facilities;
vii. Equipment used to
mix and package soaps, vegetable oil, grease, animal fat, and nonvolatile
aqueous salt solutions, if appropriate lids and covers are used;
f. Sampling and Testing
i. Vents from continuous emissions monitors
and other analyzers;
ii.
Bench-scale laboratory equipment used for physical or chemical analysis, but
not laboratory fume hoods or vents;
iii. Equipment used for quality control,
quality assurance, or inspection purposes, including sampling equipment used to
withdraw materials for analysis;
iv. Hydraulic and hydrostatic testing
equipment;
v. Environmental
chambers not using HAP gases;
vi.
Soil gas sampling;
vii. Individual
sampling points, analyzers, and process instrumentation, whose operation may
result in emissions but that are not regulated as emission units;
g. Safety Activities
i. Fire suppression systems;
ii. Emergency road flares;
h. Miscellaneous Activities
i. Shock chambers;
ii. Humidity chambers;
iii. Solar simulators;
iv. Cathodic protection systems;
v. High voltage induced corona; and
vi. Filter draining.
147. "Unclassified area" means an
area which the Administrator, because of a lack of adequate data, is unable to
classify as an attainment or nonattainment area for a specific pollutant, and
which, for purposes of this Chapter, is treated as an attainment
area.
148. "Uncombined water" means
condensed water containing analytical trace amounts of other chemical elements
or compounds.
149. "Urban or
suburban open area" means an unsubdivided tract of land surrounding a
substantial urban development of a residential, industrial, or commercial
nature and which, though near or within the limits of a city or town, may be
uncultivated, used for agriculture, or lie fallow.
150. "Vacant lot" means a subdivided
residential or commercial lot which contains no buildings or structures of a
temporary or permanent nature.
151.
"Vapor" means the gaseous form of a substance normally occurring in a liquid or
solid state.
152. "Visibility
impairment" means any humanly perceptible change in visibility (light
extinction, visual range, contrast, coloration) from that which would have
existed under natural conditions.
153. "Visible emissions" means any emissions
which are visually detectable without the aid of instruments and which contain
particulate matter.
154. "Volatile
organic compounds" or "VOC" means any compound of carbon, excluding carbon
monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and
ammonium carbonate, that participates in atmospheric photochemical reactions.
This includes any such organic compound other than the following:
a. Methane;
b. Ethane;
c. Methylene chloride
(dichloromethane);
d.
1,1,1-trichloroethane (methyl chloroform);
e. 1,1,2-trichloro-1,2,2-trifluoroethane
(CFC-113);
f.
Trichlorofluoromethane (CFC-11);
g.
Dichlorodifluoromethane (CFC-12);
h. Chlorodifluoromethane (HCFC-22);
i. Trifluoromethane (HFC-23);
j. 1,2-dichloro 1,1,2,2-tetrafluoroethane
(CFC-114);
k.
Chloropentafluoroethane (CFC-115);
l. 1,1,1-trifluoro 2,2-dichloroethane
(HCFC-123);
m.
1,1,1,2-tetrafluoroethane (HFC-134(a));
n. 1,1-dichloro 1-fluoroethane
(HCFC-141(b));
o. 1-chloro
1,1-difluoroethane (HCFC-142(b));
p. 2-chloro-1,1,1,2-tetrafluoroethane
(HCFC-124);
q. Pentafluoroethane
(HFC-125);
r.
1,1,2,2-tetrafluoroethane (HFC-134);
s. 1,1,1-trifluoroethane
(HFC-143(a));
t. 1,1-difluoroethane
(HFC-152(a));
u.
Parachlorobenzotrifluoride (PCBTF);
v. Cyclic, branched, or linear completely
methylated siloxanes;
w.
Acetone;
x. Perchloroethylene
(tetrachloroethylene);
y.
3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225(ca));
z. 1,3-dichloro-1,1,2,2,3-pentafluoropropane
(HCFC-225(cb));
aa.
1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee);
bb. Difluoromethane (HFC-32);
cc. Ethylfluoride (HFC-161);
dd. 1,1,1,3,3,3-hexafluoropropane
(HFC-236(fa));
ee.
1,1,2,2,3-pentafluoropropane (HFC-245(ca));
ff. 1,1,2,3,3-pentafluoropropane
(HFC-245(ea));
gg.
1,1,1,2,3-pentafluoropropane (HFC-245(eb));
hh. 1,1,1,3,3-pentafluoropropane
(HFC-245(fa));
ii.
1,1,1,2,3,3-hexafluoropropane (HFC-236(ea));
jj. 1,1,1,3,3-pentafluorobutane
(HFC-365(mfc));
kk.
Chlorofluoromethane (HCFC-31);
ll.
1 chloro-1-fluoroethane (HCFC-151(a));
mm. 1,2-dichloro-1,1,2-trifluoroethane
(HCFC-123(a));
nn.
1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane
(C4F9OCH3);
oo.
2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane
((CF3)2CFCF2OCH3);
pp.
1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane
(C4F9OC2H5);
qq.
2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane
((CF3)2CFCF2OC2H5;
rr. Methyl acetate; and
ss.
1,1,1,2,2,3,3-heptafluoro-3-methoxypropane
(n-C3F7OCH3,
HFE""7000);
tt.
3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE
"" 7500);
uu.
1,1,1,2,3,3,3-hentafluoropropane (HFC 227ea);
vv. Methyl formate (HCOOCH3): and
ww. (1)
1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane
(HFE""7300);
xx. Propylene
carbonate;
yy. Dimethyl carbonate;
and
zz. Trans
-1,3,3,3-tetrafluoropropene;
aaa.
HCF2OCF2H (HFE-134);
bbb.
HCF2OCF2OCF2H (HFE-236(cal2));
ccc.
HCF2OCF2CF2OCF2H (HFE-338(pcc13));
ddd. HCF2OCF2OCF2CF2OCF2H (H-Galden 1040x or
H-Galden ZT 130 (or 150 or 180));
eee. Trans 1-chloro-3,3,3-
trifluoroprop-1-ene;
fff.
2,3,3,3-tetrafluoropropene;
ggg.
2-amino-2-methyl-1-propanol; and
hhh. Perfluorocarbon compounds that fall into
these classes:
i. Cyclic, branched, or linear,
completely fluorinated alkanes.
ii.
Cyclic, branched, or linear, completely fluorinated ethers with no
unsaturations.
iii. Cycle,
branched, or linear, completely fluorinated tertiary amines with no
unsaturations; or
iv. Sulfur
containing perfluorocarbons with no unsaturations and with sulfur bonds only to
carbon and fluorine.
v. The
following compound is VOC for purposes of all recordkeeping, emissions
reporting, photochemical dispersion modeling and inventory requirements which
apply to VOC and shall be uniquely identified in emission reports, but is not
VOC for purposes of VOC emissions limitations or VOC content requirements:
t-butyl acetate.
155. "Wood waste burner" means an incinerator
designed and used exclusively for the burning of wood wastes consisting of wood
slabs, scraps, shavings, barks, sawdust or other wood material, including those
that generate steam as a by-product.