§11-60.1-171 - Definitions.

§11-60.1-171 Definitions.

         As used in this subchapter:

         "Accidental release" means an unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source.

         "Affected source" means the stationary source, the group of stationary sources, or the portion of a stationary source that is regulated by a relevant standard or other requirement established pursuant to Section 112 of the Act.

         "Area source" means any stationary source of hazardous air pollutants that is not a major source but shall not include motor vehicles or nonroad vehicles subject to regulation approved pursuant to Title II of the Act.

         "Carcinogenic hazardous air pollutant" means any hazardous air pollutant recognized as known, probable, or potential human carcinogen by the EPA's Integrated Risk Information System (IRIS), or other documented studies or information by recognized authorities and approved by the director.

         "Category" means any category of major sources and area sources of hazardous air pollutants listed pursuant to Section 112(c) of the Act.

         "Commenced" as used in this subchapter means, with respect to construction or reconstruction of an affected source, that an owner or operator has undertaken a continuous program of construction or reconstruction or that an owner or operator has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or reconstruction.

         "Construction" means the on-site fabrication, erection, or installation of an affected source as defined in 40 CFR §63.2.

         "EPA risk assessment guidelines" means the U.S. Environmental Protection Agency's Guidelines for Carcinogenic Risk Assessment, 51 FR 33992 (September 24, 1986).

         "Emission standard" means a national standard, limitation, prohibition, or other regulation promulgated in 40 CFR Part 63 pursuant to Sections 112(d), 112(h), or 112(f) of the Act.

         "Equivalent MACT" means the MACT emission limitation or requirements which are applicable to major sources of hazardous air pollutants and are approved by the director on a case-by-case basis, pursuant to Sections 112(g) or 112(j) of the Act.

         "Existing source" means any affected source that is not a new source as defined in this subchapter.

         "MACT" means maximum achievable control technology.

         "New source", unless otherwise defined in an applicable Section 112 standard, means any affected source which is:

(1) Major, or located within a major source of hazardous air pollutants, and in a category or subcategory for which construction or reconstruction is commenced after the Section 112(j) deadline, or after the Administrator proposes a relevant emission standard pursuant to Sections 112(d) or (h) of the Act, whichever comes first;
(2) Major, subject to 112(g) of the Act, and for which construction or reconstruction commenced after January 27, 1997; or
(3) Nonmajor, in a category or subcategory, and for which construction or reconstruction is commenced after the Administrator first proposes a relevant emission standard pursuant to Section 112(d) or (h) of the Act.

         "Reconstruction", unless otherwise defined in an applicable Section 112 standard, means the replacement of components of an affected or a previously unaffected stationary source to such an extent that:

(1) The fixed capital cost of the new components exceeds fifty per cent of the fixed capital cost that would be required to construct a comparable new source; and
(2) It is technologically and economically feasible for the reconstructed source to meet the applicable MACT or equivalent MACT standard(s). Upon reconstruction, an affected source, or a stationary source that becomes an affected source, is subject to the applicable standards for new sources, including compliance dates, irrespective of any change in emissions of hazardous air pollutants from the source.

         "Regulated substance" means a substance listed pursuant to Section 112(r)(3) of the Act.

         "Risk management plan" means a plan to detect and prevent or minimize accidental releases of regulated substances from a stationary source, and to provide a prompt emergency response to any such releases in order to protect human health and the environment.

         "Section 112(j)" means Section 112(j) of the Act.

         "Section 112(j) deadline" means the date 18 months after the date by which a relevant standard is scheduled to be promulgated by the Administrator pursuant to Section 112(e) of the Act; except that for all major sources listed in the source category schedule for which a relevant standard is scheduled to be promulgated by November 15, 1994, the Section 112(j) deadline is November 15, 1996, and for all major sources listed in the source category schedule for which a relevant standard is scheduled to be promulgated by November 15, 1997, the Section 112(j) deadline is December 15, 1999.

         "Stationary regulated substance source" means buildings, structures, equipment, installations, or substance-emitting stationary activities:

(1) Which belong to the same industrial group;
(2) Which are located on one or more contiguous properties;
(3) Which are under the control of the same person or persons under common control; and
(4) From which an accidental release may occur.

         "Subcategory" means any subcategory of major sources and area sources of hazardous air pollutants listed pursuant to Section 112(c) of the Act.

         "Threshold limit value" means the airborne concentration of a substance that, according to the American Conference of Governmental Industrial Hygienists, represents conditions under which nearly all workers may be repeatedly exposed day after day without adverse effects.

         "Threshold limit value-time weighted average" means the threshold limit value for a normal eight-hour workday and a forty-hour workweek as specified in the TLV book.

         "TLV-TWA" means threshold limit value-time weighted average.

         "TLV book" means the "Documentation of the Threshold Limit Value and Biological Exposure Indices," sixth edition, published by the American Conference of Governmental Industrial Hygienists, Inc.

        [Eff 11/26/93; comp 10/26/98; am and comp 9/15/01; am and comp 11/14/03; comp 1/13/12; am and comp 6/30/14 ] (Auth: HRS §§342B-3, 342B-12; 42 U.S.C. §§7407, 7412, 7416; 40 C.F.R. Part 70) (Imp: HRS §§342B-3, 342B-12; 42 U.S.C. §§7407, 7412, 7416; 40 C.F.R. Part 70)

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