(d) For any
emissions unit that has not begun
normal operations on the particular date, actual emissions shall equal the
potential to emit of the unit on that date.
"Best available control technology" means an emissions
limitation (including a visible emissions standard) based on the maximum degree
of reduction for each air pollutant which would be emitted from any proposed
stationary source or modification which the director, on a case-by-case basis,
taking into account energy, environmental, and economic impacts and other
costs, determines is achievable for such source or modification through
application of production processes or available methods, systems, and
techniques, including fuel cleaning or treatment or innovative fuel combustion
techniques for control of such pollutant. In no event shall application of best
available control technology result in emissions of any pollutant which would
exceed the emissions allowed by any applicable standard under 40 CFR parts 60
and 61. If the director determines that technological or economic limitations
on the application of measurement methodology to a particular emissions unit
would make the imposition of an emissions standard infeasible, a design,
equipment, work practice, operational standard or combination thereof, may be
prescribed instead to satisfy the requirement for the application of best
available control technology. Such standard shall, to the degree possible, set
forth the emissions reduction achievable by implementation of such design,
equipment, work practice or operation, and shall provide for compliance by
means which achieve equivalent results.
"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) except the
activities of any vessel. Pollutant-emitting activities shall be considered as
part of the same industrial grouping if they belong to the same Major Group
(i.e., which have the same two-digit code) as described in the Standard
Industrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S.
Government Printing Office stock numbers 4101-0066 and 003-005-00176 -0,
respectively).
"Construction" means any physical change or change in the
method of operation (including fabrication, erection, installation, demolition,
or modification of an emissions unit) that would result in a change in
emissions.
"Emissions unit" means any part of a stationary source that
emits or would have the potential to emit any air pollutant.
"Fugitive emissions" means those emissions which could not
reasonably pass through a stack, chimney, vent, or other functionally
equivalent opening.
"Indirect source" means a building, structure, facility, or
installation which attracts or may attract mobile source activity that results
in emissions of a pollutant for which there is a national standard.
"Potential to emit" means the maximum capacity of a
stationary source to emit an air pollutant 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 enforceable. Secondary emissions do not
count in determining the potential to emit of a stationary source.
"Secondary emissions" means emissions which occur as a result
of the construction or operation of a major stationary source or major
modification, but do not come from the major stationary source or major
modification itself. Secondary emissions include emissions from any offsite
support facility which would not be constructed or increase its emissions
except as a result of the construction or operation of the major stationary
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.
"Stationary source" means any building, structure, facility,
or installation which emits or may emit an air pollutant.
