Or. Admin. Code § 340-238-0040 - Definitions
Except as provided in OAR 340-238-0060, the definitions in OAR 340-200-0020 and this rule apply to this division. If the same term is defined in this rule and 340-200-0020, the definition in this rule applies to this division.
(1) "Administrator" means the Administrator
of the EPA or authorized representative.
(2) "Affected facility" means, with reference
to a stationary source, any apparatus to which a standard is
applicable.
(3) "Capital
expenditures" means an expenditure for a physical or operational change to an
existing facility that exceeds the product of the applicable "annual asset
guideline repair allowance percentage" specified in the latest edition of
Internal Revenue Service (IRS) Publication 534 and the existing facility's
basis, as defined by section 1012 of the Internal Revenue Code.
However, the total expenditure for a physical or operational change to an
existing facility must not be reduced by any "excluded additions" as defined in
IRS Publication 534, as would be done for tax purposes.
(4) "C.F.R." means the July 1, 2020 edition
Code of Federal Regulations unless otherwise identified.
(5) "Closed municipal solid waste landfill"
(closed landfill) means a landfill in which solid waste is no longer being
placed, and in which no additional solid wastes will be placed without first
filing a notification of modification as prescribed under
40 C.F.R.
60.7(a)(4). Once a
notification of modification has been filed, and additional solid waste is
placed in the landfill, the landfill is no longer closed.
(6) "Commenced", with respect to the
definition of "new source" in section 111(a)(2) of the federal Clean Air Act,
means that an owner or operator has undertaken a continuous program of
construction or modification 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 modification.
(7) "Existing municipal solid waste landfill"
(existing landfill) means a municipal solid waste landfill that began
construction, reconstruction or modification before 5/30/91 and has accepted
waste at any time since 11/08/87 or has additional design capacity available
for future waste deposition.
(8)
"Existing facility", with reference to a stationary source, means any apparatus
of the type for which a standard is promulgated in 40 C.F.R. Part 60, and the
construction or modification of which commenced before the date of proposal by
EPA of that standard; or any apparatus that could be altered in such a way as
to be of that type.
(9) "Fixed
capital cost" means the capital needed to provide all the depreciable
components.
(10) "Large municipal
solid waste landfill" (large landfill) means a municipal solid waste landfill
with a design capacity greater than or equal to 2.5 million megagrams or 2.5
million cubic meters.
(11)
"Modification:"
(a) except as provided in
subsection (b) of this section, means any physical change in, or change in the
method of operation of, an existing facility that increases the amount of any
air pollutant (to which a standard applies) emitted into the atmosphere by that
facility or that results in the emission of any air pollutant (to which a
standard applies) into the atmosphere not previously emitted;
(b) As used in OAR
340-238-0100 means an action
that results in an increase in the design capacity of a
landfill.
(12) "Municipal
solid waste landfill" (landfill) means an entire disposal facility in a
contiguous geographical space where household waste is placed in or on land. A
municipal solid waste landfill may also receive other types of RCRA Subtitle D
wastes such as commercial solid waste, nonhazardous sludge, conditionally
exempt small quantity generator waste, and industrial solid waste. Portions of
a municipal solid waste landfill may be separated by access roads and may be
publicly or privately owned. A municipal solid waste landfill may be a new
municipal solid waste landfill, an existing municipal solid waste landfill, or
a lateral expansion (modification).
(13) "New municipal solid waste landfill"
(new landfill) means a municipal solid waste landfill that began construction,
reconstruction or modification or began accepting waste on or after
5/30/91.
(14) "Reconstruction"
means the replacement of components of an existing facility to such an extent
that:
(a) The fixed capital cost of the new
components exceeds 50 percent of the fixed capital cost that would be required
to construct a comparable entirely new facility; and
(b) It is technologically and economically
feasible to meet the applicable standards set forth in 40 C.F.R. Part
60.
(15) "Reference
method" means any method of sampling and analyzing for an air pollutant as
specified in 40 C.F.R. Part 60.
(16) "Small municipal solid waste landfill"
(small landfill) means a municipal solid waste landfill with a design capacity
less than 2.5 million megagrams or 2.5 million cubic meters.
(17) "Standard" means a standard of
performance proposed or promulgated under 40 C.F.R. Part 60.
(18) "State Plan" means a plan developed for
the control of a designated pollutant provided under 40 C.F.R. Part
60.
Notes
Statutory/Other Authority: ORS 468.020
Statutes/Other Implemented: ORS 468A.025
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