United States
Environment*! Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park. NC 2T711
EPA^l56/B-95-002
May 1995
Air
xvEPA
Glossary of Terms
from
Federal Air Programs
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LOCA T1ON OF DEFINED TERMS
Page
Actual Emissions 1
Affected Facility 2
Affected Source 2
Affected Unit 2
Allowable Emissions 3
Alternative Control Technique (ACT) Documents 3
Alternative Emission Limitation 3
Alternative Emission Standard 4
Alternative Method 4
Alternative Test Method 4
Applicable Emission Limitation or Standard 4
Applicable Requirement 4
Approved Permit Program 5
Area Source 5
Attainment Area 5
Begin Actual Construction 5
Best Available Control Measures (BACM) 6
Annotation for BACT 6
Building, Structure, or Facility (or Installation) 7
Capital Expenditure 7
Class I Area 7
Commence(d) 8
(Vcrcion 01: April 1995)
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LOCATION OF DEFINED TERMS
(Continued)
Page
Commence Construction 8
Commence Modification 8
Compliance Date 8
Compliance Plan 9
Compliance Schedule 9
Construction 9
Continuous Compliance 10
Continuous Emission Monitoring system (CEMS) 10
Continuous Monitoring System (CMS) 10
Continuous Opacity Monitoring System (COMS) 10
Continuous Parameter Monitoring System 11
Control Strategy 11
Control Technique Guideline (CTG) 11
Control Technology 11
De Minimis 12
Effective Date 12
Electric Utility Steam Generating Unit 12
Emissions Allowable Under the Permit 13
Emissions Averaging 13
Emission Limitation or Standard 13
Emission Point 13
Emission(s) Unit 13
(Version 01: April 1995)
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LOCATION OF DEFINED TERMS
(Continued)
Page
Enhanced Monitoring 14
Enhanced Monitoring Protocol 14
Equivalent Emission Limitation 14
Equivalent Method 15
Established Monitoring 15
Excess Emissions 15
Excess Emissions and Continuous Monitoring
System Performance Report 15
Excess Emissions and Monitoring Systems
Performance Report 15
Existing Facility 15
Existing Major Source 16
Existing Source 16
Existing Stationary Facility 16
Facility 16
Federal Land Manager 16
Federally Enforceable 16
Fixed Capital Cost 17
Fugitive Dust 17
Fugitive Emissions 17
General Permit 18
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LOG A T1ON OF DEFINED TERMS
(Continued)
Page
Hazardous Air Pollutant (HAP) 18
Innovative Control Technology . . . 18
Intermittent Compliance 18
Lesser Quantity 18
Lowest Achievable Emission Rate (LAER) 18
MACT (Maximum Achievable Control Technology) 18
MACT-Affected Emission Unit 19
MACT Emission Limitation for Existing Sources 19
MACT Emission Limitation for New Source , 19
Maintenance of Standards 20
Major Modification 20
Annotation for PSD - Major Modification 21
Annotation for NSR - Major Modification 23
Major Source 26
Major Stationary Source 28
Malfunction 29
Modification (Modified Source) 29
Annotation for NSPS - Modification 30
Net Emissions Increase 31
New Major Source 33
New Source 34
Nonattainment Area 34
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LOCATION OF DEFINED TERMS
(Continued)
Page
Nontraditional Source 34
Offsets 34
Operations that the Major Source is Designed
to Accommodate 34
Paniculate Matter 35
Particulate Matter Emissions 35
Periodic Monitoring 35
Permit 35
Permit Modification 36
Permit Program 36
Permit Revision 36
PM10 36
PMiQ Emissions 36
Point Source 36
Pollution Control Project 37
Potential to Emit 38
Reasonably Available Control Technology (RACT) 39
Reconstruction 39
Reference Method 39
Regulated Air Pollutant 39
Regulated Pollutant (for Presumptive Fee Calculation) 40
Regulated Substance 40
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LOG A T1ON OF DEFINED TERMS
(Continued)
Page
Representative Actual Annual Emissions 40
Responsible Official 41
Secondary Emissions 42
Secondary Standard 43
Shutdown 43
Source Reduction Project 43
Standard 43
Startup 44
State 44
Stationary Source 44
Test Method 45
Threshold Quantity 45
Total Actual Emissions 45
Total Suspended Paniculate 45
Unclassifiable Area 45
Variance 45
Volatile Organic Compounds (VOCs) 45
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GLOSSARY OF TERMS FOR FEDERAL AIR PROGRAMS
INTRODUCTION
In response to the Clean Air Act Amendments of 1990, the U.S. Environmental
Protection Agency (EPA) is developing many new regulations and guidance materials that will
affect thousands of stationary sources of air pollutants nationwide as well as Federal, State,
and local air pollution control agencies. While in many instances these new regulations and
guidance materials are being developed to implement programs created under different
portions of the Clean Air Act, these programs are often interrelated in terms of their
underpinning policies, the regulations that implement them, and the real-world infrastructure
for implementation and enforcement at the government, source, and citizen levels. For this
reason, the EPA is striving to ensure that program integration concerns are addressed
appropriately in the development of products issued by the EPA to implement the Clean Air
Act. The EPA recognizes the potential for confusion on the part of the public and the
regulated and enforcement communities regarding how various programs interrelate.
Accordingly, the EPA has decided to produce public education materials that can be
distributed to a wide audience.
This glossary is one in a series of public education materials. Contained in this
glossary are terms found in the various Federal air programs under the Clean Air Act. The
programs addressed in this glossary include:
State Implementation Plans: The glossary includes terms from State rules governing
attainment and maintenance of national ambient air quality standards and visibility. The
glossary also includes general preambles, and guidance documents developed since 1990 for
implementing the Clean Air Act.
New Source Performance Standards (NSPS): The definitions presented in the
40 CFR part 60 General Provisions that apply to all rules were included in the glossary.
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Definitions from individual rules are not included here; definitions in individual rules override
those definitions in the General Provisions.
National Emission Standards for Hazardous Air Pollutants (NESHAP): The
definitions for the glossary were taken from the General Provisions of 40 CFR parts 61 and
63, not from individual rules. Definitions from Section 112(g) (modifications), Section 112(j)
(case-by-case MACT), and Section 112(r) (accidental release) were also included.
Title V Operating Permits: Definitions from both 40 CFR Part 70 and Part 71 (state
and Federal programs) were included in the glossary.
New Source Review (NSR): Terms from both nonattainment and prevention of
significant deterioration programs were included.
Definitions from Title IV (Acid Deposition Control), Title VI (Stratospheric ozone
and global climate protection), and Title VII (Enforcement) were also included in this
glossary.
The intent of this glossary is to present those terms that may have caused confusion in
the past or that have multiple definitions among the different air programs and to clarify these
differences. This glossary will provide a quick reference to terms that are the most important
and most often used in air programs. It also highlights variations in definitions for a given
term and attempts to clarify the differences in terminology among programs.
It should be noted that this glossary is an evolving document. For example, the
glossary includes definitions from two proposed rules—section 112(g) modifications and
enhanced monitoring. As proposed programs become promulgated, the glossary will be
revised to reflect any changes. Therefore, it is recommended that this glossary be viewed as a
work in progress.
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In many cases, associated policy memoranda or additional guidance documents were
developed in conjunction with a specific air program. Where appropriate, terms from these
documents were also included. A listing of all documents reviewed can be found in the Key
of Icons found at the beginning of the document.
A matrix summarizing all terms found in Clean Air Act programs and the specific
documents in which the terms are defined was developed to assist in the compilation of this
document and is found in Appendix A. Once this matrix was completed, the terms contained
in it were evaluated. The intent of this glossary was to include terms that might be confusing
or have overlapping definitions. For this reason, many of the approximately 300 terms in the
matrix did not need to be included in the glossary. For instance, commonly understood terms
like "Administrator" or "United States" were excluded. In other cases, a term may only have
been introduced and defined in one air program and have meaning only in the context of
other terms that are unique to a program. These terms are not included in the glossary
because the purpose was not to explain all the unique technical terms of a program.
Personnel at EPA familiar with each of the air programs identified those terms that would be
most helpful for the glossary. This glossary presents a subset of approximately 100 terms
from the matrix.
Each term is presented in the glossary with the definition from each air program in
which it appears. In some cases, the definition for a given term is materially different among
air programs. Some annotations have been made in an attempt to clarify the difference and
explain why a definition may vary from program to program. These annotations currently
only exist for a few terms in the document. It is EPA's intent to add more annotations, as
necessary, in later versions of this document. For clarity, the program in which each
definition appears is identified by an icon in the margin of the text. A key explaining the
meaning of each icon is presented the Key of Icons. Shading of terms used in the document
is intended to provide a cross-referencing scheme for the reader. Shading of a term indicates
that it is defined in the glossary.
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Key of Icons
The Clean Air Act as Amended in 1990.
CAA
[Document 1] Guidance on the Relationship between the 15 Percent Rate-of-
gjp I Progress Plans and Other Provisions of the Clean Air Act, EPA-452/R-93-007,
U.S. Environmental Protection Agency, Office of Air Quality Planning and
Standards, Research Triangle Park, NC, May 1993. [The purpose of this
document is to provide guidance for determining the creditability of emission
reductions towards meeting the 15 percent VOC emission reduction requirements
of Section 182(b) of the Act.]
[Document 2] Guidance on the Adjusted Base Year Emissions Inventory and the
1996 Target for the 15 Percent Rate-of-Progress Plans, EPA-452/R-92-005, U.S.
Environmental Protection Agency, Office of Air Quality Planning and Standards,
Research Triangle Park, NC, October 1992. [This document assists States in
determining the 1996 target level of emissions under the rate-of-progress plan
requirement for moderate and above ozone nonattainment areas.]
[Document 3] Guidance on the Post-1996 Rate-of-Progress Plan and the
Attainment Demonstration, EPA-452/R-93-015, U.S. Environmental Protection
Agency, Office of Air Quality Planning and Standards, Research Triangle Park,
NC, January 1994. [This document focuses on the calculation of post-1996
target levels, the required submittals and submittal schedules for each element of
the post-1996 rate-of-progress plan and attainment demonstration, and the
development of control strategies to achieve the required emission reductions.
This document also provides States with information on acceptable data sources
and procedures for projecting emissions.]
[Document 4] Guidance for Growth Factors, Projections, and Control Strategies
for the 15 Percent Rate-of-Progress Plans, U.S. Environmental Protection
Agency, Office of Air Quality Planning and Standards, Ozone/Carbon Monoxide
Branch, Research Triangle Park, NC. [This guidance document focuses on the
procedures for developing 1996 projected emissions inventories and control
measures that moderate and above ozone nonattainment areas must include in
their rate-of-progress plans.]
State Implementation Plans: 40 CFR part 51, subpart F "Procedure
Requirements," § 51.100, 7-1-93 edition. [This section describes the procedures
for developing and revising a State plan. It includes the timing for submittals to
the Administrator, the State's responsibility for addressing the Administrator's
finding of plan inadequacy, the requirements for Agency action on a submittal,
and the Agency's responsibilities in cases where the State has failed to submit an
approvable plan.]
State Implementation Plans [Maintenance Plans]: 40 CFR part 52, subpart A,
"General Provisions," § 52.22, 7-1-93 edition. [This section sets forth
requirements of plans for maintaining compliance with the NAAQS long-term. It
includes emission inventory and control technology requirements.]
State Implementation Plans [General Provisions]: 40 CFR part 52, subpart A,
"General Provisions," § 52.01, 7-1-93 edition. [This part sets forth the
Administrator's approval or disapproval of State plans and Administrator's
promulgation of such plans or portions thereof. Approval of a plan or any
portion thereof is based upon a determination by the Administrator that such plan
or portion meets the requirements of section 110 of the Act and the provisions of
part 51 of this chapter.]
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General Preamble-SIP Supplement, 57 FR 18070, appendices Cl and E,
April 28, 1992. [The EPA published a General Preamble for Implementation of
Title I of the Clean Air Act Amendments of 1990 on April 16, 1992. This
document describes EPA's general views on how EPA should interpret various
provisions of Title I of the Clean Air Act Amendments of 1990, primarily those
concerning SIP revisions required for nonattainment areas. The appendices
contain important support materials that are referenced throughout the General
Preamble. (These appendices were originally inadvertently omitted from the
General Preamble and were then issued as a separate supplement.)]
General Preamble~PM-10 Supplement: 59 FR 41998, Addendum,
August 16, 1994. [This addendum to the General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990 principally
describes EPA's preliminary views on how the agency should interpret various
provisions of Title I with regard to PM-10 serious nonattainment area State
implementation plans. This document also addresses policy and guidance on
attainment date waivers.]
General Preamble~NOx Supplement: 57 FR 55620, November 25, 1992. [The
purpose of this NOX supplement to the General Preamble is to provide guidance
on implementation of several new NOX provisions not covered in the General
Preamble: reasonably available control technology, new source review,
interaction of Titles I and IV, ozone transport regions, section 185B report, and
section 182(f).]
Section 112(g) Modifications: 59 FR 15504, § 63.40-64.69 (definitions found in
§ 63.41), PROPOSED April 1, 1994 [Promulgation expected mid-1995]. (The
actual text for this regulation can be found on the OAQPS Bulletin Board
System.) [This part requires owners/operators of newly constructed,
reconstructed, or modified major HAP sources to install MACT. MACT must be
determined on case-by-case basis if not already established. Modified sources
can offset emissions to avoid need to install MACT.]
Section 112(j) Equivalent Emission Limitations by Permit (Hammer Rule):
112j I 59 FR 26429, § 63.50-63.59, final May 20, 1994. [This part requires that each
* major source in a category' listed under 112(c) conduct a case-by-case MACT
determination (and apply for permit) within 18 months of a missed promulgation
date established under paragraph 112(e).]
Section 112(r) Accidental Release: 58 FR 54190, § 68.3, October 20, 1993.
Proposed Rule. [The Clean Air Act Amendments of 1990 added a new
subsection (r), which includes requirements related to chemical accident
prevention. The goal of CAA section 112(r) is to prevent accidental releases of
regulated substances and other extremely hazardous substances to the air and to
minimize the consequences of releases by focusing preventive measures on those
chemicals that pose the greatest risk.]
The final list of regulated substances was published in 59 FR 4478, § 68.3,
January 31, 1994. [This part is composed of three categories: a list of 77 toxic
substances, a list of 63 flammable substances, and explosive substances with a
mass explosion hazard as set forth by the DOT.]
INESHAP General Provisions: 40 CFR part 61, subpart A, "General Provisions,"
§ 61.02, 7-1-92 edition. [The national emission standards for hazardous air
pollutants as listed in 40 CFR part 61 are those promulgated before
November 15, 1990 (i.e, the date of enactment of the Clean Air Act Amendments
of 1990). They remain in effect unless they are amended and added to part 63.]
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NSPS
PSD
NESHAP General Provisions: 40 CFR part 63, March 16, 1994. [This part
contains national emission standards for hazardous air pollutants established
pursuant to section 112 of the Act as amended in 1990. These standards regulate
specific categories of stationary sources that emit (or have the potential to emit)
one or more hazardous air pollutants listed in this part pursuant to section 112(b)
of the Act.]
NSPS: 40 CFR part 60, subpart A, "General Provisions," § 60.2, 7-1-92 edition.
[This part contains the Federal new source performance standards that apply to
new, modified, or reconstructed sources of criteria pollutants and certain
designated pollutants.]
State Implementation Plans [State]: 40 CFR part 51, subpart I, "Review of New
Sources and Modifications," § 51.166, 7-1-93 edition. [This section addresses the
requirements for State implementation plans addressing prevention of significant
deterioration of air quality. It states that plan revisions must not result in
increased air quality deterioration over any baseline concentration. This section
establishes required plan revisions. This section also sets forth the minimum
requirements for approval of State plans.]
State Implementation Plans [Federal]: 40 CFR part 52, subpart A, "General
Provisions," § 52.21, 7-1-93 edition. [The provisions of this section are
applicable to any State implementation plan which has been disapproved with
respect to prevention of significant deterioration of air quality in any portion of
any State where the existing air quality is better than the national ambient air
quality standards.]
State Implementation Plans: 40 CFR part 51, subpart I, "Review of New Sources
and Modifications," § 51.165, 7-1-93 edition. [This section requires that all plans
set forth legally enforceable procedures that enable the State or local agency to
determine whether the construction or modification of a facility, building,
structure, or installation (or a combination of these) will result in a violation of
applicable portions of the control strategy or in interference with attainment or
maintenance of a national standard.]
State Implementation Plans: 40 CFR part 51, appendix S, "Emission Offset
Interpretative Ruling," 7-1-93 edition. [This appendix sets forth EPA's
Interpretive Ruling on the preconstruction review requirements for stationary
sources of air pollution. It specifically addresses how offsets apply to NSR to
avoid modifications under NSR in nonattainment areas.]
State Implementation Plans: 40 CFR part 52, subpart A, "General Provisions,"
§ 52.24, 7-1-93 edition. [This section sets forth the statutory restrictions for new
sources in regard to emissions that exceed any national ambient air quality
standard.]
State Implementation Plans: 40 CFR part 51, subpart P, "Protection of
Visibility," § 51.301, 7-1-93 edition. [The primary purposes of this subpart are
to require States to develop programs to ensure reasonable progress toward
meeting the national goal of preventing any future, and remedying any existing,
impairment of visibility in mandatory Class I Federal areas resulting from man-
made air pollution, and to establish necessary additional procedures to use in
conducting the visibility impact analysis required for new sources under § 51.24.]
State Implementation Plans: 40 CFR part 52, subpart A, "General Provisions,"
§§ 52.26 and 52.28, 7-1-93 edition. [This section contains visibility monitoring
strategy information for State implementation plans which have been disapproved
with respect to such monitoring.]
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VI
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BMP
ACID
V
OZONE
Enhanced Monitoring: 58 FR 54648, § 64.2, proposed October 22, 1993.
[Pursuant to the Clean Air Act, the EPA is proposing a new Enhanced
Monitoring Program, including both new regulations and certain amendments to
several existing air pollution program regulations. The proposed rule would
require that enhanced monitoring at significant emission units of air pollution.
The proposed rule would require that enhanced monitoring data be used to
determine the compliance status of affected emission units with certain applicable
emission limitations or standards.]
Title IV Acid Deposition Control: 58 FR 3650, § 72.2, January 11, 1993. [The
Acid Rain program under Title IV of the Clean Air Act, has as its primary goal
the reduction of annual sulfur dioxide emissions by 10 million tons below 1980
levels. The program uses both traditional and innovative market-based
approaches to reduce emissions. To achieve reductions, the law requires a two-
phase tightening of the restrictions placed on fossil fuel-fired power plants. A
sulfur dioxide emissions allowance trading program is an integral part of the
Acid Rain Program's goal of reducing emissions and minimizing compliance
costs. The Act also calls fora 2-million-ton reduction in NOx emissions by the
year 2000 through the installation of cleaner technologies and the development of
new emission standards. The Acid Rain Program is also designed to promote
pollution prevention and energy efficient strategies and technologies.]
Title V Operating Permits (Part 70) 57 FR 32295, § 70.2, July 21, 1992. [The
regulations in this part provide for the establishment of comprehensive State air
quality permitting systems consistent with the requirements of title V of the
Clean Air Act. These regulations define the minimum elements required by the
Act for State operating permit programs and the corresponding standards and
procedures by which the Administrator will approve, oversee, and withdraw
approval of State operating permit programs.]
Title VI Stratospheric Ozone: 40 CFR part 82, subpart A, "Production and
Consumption Controls, " § 82.3, 7-1-93 edition. [The purpose of these
regulations is to implement the Montreal Protocol on Substances that Deplete the
Ozone Layer and sections 603, 604, 605, 607, and 616 of the Clean Air Act as
amended in 1990. The Protocol and section 604 impose limits on the production
and consumption (defined as production plus imports minus exports) of certain
ozone depleting chemicals, according to specified schedules. The protocol also
requires each nation that becomes a party to the agreement to impose certain
restrictions on trade in ozone-depleting substances with non-parties.]
The following paragraphs in Section 112 of the Clean Air Act are cited in some
of the definitions in this glossary. For clarity, a brief explanation of these
citations is provided.
Section 112(d): Emission standards. [Establishes requirements for setting
maximum achievable control technology (MACT) emission standards;
requirements for minimum control level ("MACT floors"); allows generally
available control technology (GACT) for area sources.]
Section 112(e): Schedule for standards and review, 58 FR 63941 (not codified),
December 3, 1993. [Requires that EPA establish promulgation schedule for all
source categories listed initially in 112 (c); categories grouped into promulgation
dates of 1992, 1994, 1997, and 2000.]
Section 112(f) Residual risk standards: No rules proposed. [Requires that EPA
review all standards, generally 8 years after promulgation, to ensure that
standards achieve "ample margin of safety" to protect public health. If not, EPA
must develop risk-based standards.]
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Vll
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Section 112(h): Work practice standards and other requirements. [Allows EPA
to set MACT standards based on work practices or other requirements if it is not
feasible to "prescribe or enforce" an emission standard.]
Section 112(i)(5): Early Reduction. [Includes the Early Reductions program
provisions. Encourages facilities to reduce HAP emissions before the emission
reductions would be reduced by the NESHAP. A qualifying facility receives an
additional 6 years to comply with the applicable NESHAP.]
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Actual Emissions
[Part 52.21]
[Part 52.24]
(i) Actual
emissions means
the actual rate of emissions of a pollutant from an
||S|p||||!:||i|n|:t, as determined in accordance with
paragraphs (ii) through (iv) below:
(ii) 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 two-year period which precedes
the particular date and which is representative of
normal source operation. The Administrator shall
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.
(iii) The Administrator may presume that
source-specific allowable emissions for the unit are
equivalent to the actual emissions of the unit.
(iv) For any emissions unit (other than an
electric utility steam generating unit specified in
paragraph (v) of this section) which has not begun
normal operations on the particular date, actual
emissions shall equal the potential to emit of the
unit on that date.
(v) For an electric utility steam generating
unit (other than a new unit or the replacement of an
existing unit) actual emissions of the unit following
the physical or operational change shall equal the
representative actual annual emissions of the unit,
provided the source owner or operator maintains
and submits to the Administrator on an annual basis
for a period of 5 years from the date the unit
resumes regular operation, information
demonstrating that the physical or operational
change did not result in an emissions increase. A
longer period, not to exceed 10 years, may be
required by the Administrator if he determines such
a period to be more representative of normal source
post-change operations.
PSD
[Part 51.166] (i) A ctual emissions
means the actual rate of emissions
of a pollutant from an |||||||ni|
anit, as determined in accordance
with paragraphs (iij through (iv) of this section.
(ii) In general, actual emission as a particular date
shall equal the average rate, in tons per year, at
which the unit actually emitted the pollutant during
a two-year period which precedes the particular date
and which is representative of normal source
operation. The reviewing authority 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.
(iii) The reviewing authority may presume
that source-specific |ll||||||||||||||i||| for the unit
are equivalent to the actual emissions of the unit.
(iv) For any emissions unit (other than an
electric utility steam generating unit specified in
paragraph (v) of this section) which has not begun
normal operations on the particular date, actual
emissions shall equal the potential to emit of the
unit on that date.
(v) For an electric utility steam generating
unit (other than a new unit or the replacement of an
existing unit) actual emissions of the unit following
the physical or operational change shall equal the
representative actual manual emissions of the unit
following the physical or operational change,
provided the source owner or operator maintains
and submits to the reviewing authority, on an
annual basis for a period of 5 years from the date
the unit resumes regular operation, information
demonstrating that the physical or operational
change did not result in an emissions increase. A
longer period, not to exceed 10 years, may be
required by the reviewing authority if it determines
such a period to be more representative of normal
source post-change operations.
NSR
[Part 51.165] (xii)(A) Actual
emissions means the actual rate of
emissions of a pollutant from an
emissions unit as determined in
accordance with paragraphs (B) through (D) of this
section.
(B) 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 two-year period which precedes
the particular date and which is representative of
normal source operation. The reviewing authority
shall 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 operation hours,
production rates, and types of materials processed,
stored, or combusted during the selected time period.
(C) The reviewing authority may presume
that the source-specific alJoliallelitrlisl^is for the
* •:•:•:•:•:•:-:•:•:•:-: •:•:-:-:-:•:-:•:•:•:•: :-:•:• :•:•:•:•:•:•:-.•:•:•:•:•:•:•:•:•:•:
unit are equivalent to the actual emissions of the
unit.
(D) For any emissions unit (other than an
electric Utility steam generating unit specified in
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paragraph (a)(l)(xii)(E) of this section) which has
not begun normal operations on the particular date,
actual emissions shall equal the |ie||S|i||||l;J|iii§ of
the unit on that date.
(E) For an electric utility steam generating
unit (other than a new unit or the replacement of an
existing unit) actual emissions of the unit following
the physical or operational change shall equal the
^^^^^^^^^^l^^f^^^^^p of the unit,
provided the source owner or operator maintains
and submits to the reviewing authority, on an
annual basis for a period of 5 years from the date
the unit resumes regular operation, information
demonstrating that the physical or operational
change did not result in an emissions increase. A
longer period, not to exceed 10 years, may be
required by the reviewing authority if it determines
such a period to be more representative of normal
source post-change operations.
Affected Source
NSR
[Part 51, Appendix S] (i) Actual
emissions means the actual rate of
emissions of a pollutant from an
emissions unit as determined in
accordance with (ii) through (iv) of Section II.A of
this appendix.
(ii) 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 two-year period which precedes
the particular date and which is representative of
normal source operation. The reviewing authority
shall 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.
(iii) The reviewing authority may presume
that source-specific allowable emissions for the unit
are equivalent to the actual emissions of the unit.
(iv) For any emissions unit which has not
begun normal operations on the particular date,
actual emissions shall equal the potential to emit of
the unit on that date.
Affected Facility
NSPS
[Part 60.2] Affected facility
means, with reference to a
stationary source, any apparatus to
which a standard is applicable.
NESHAP
[Part 63.2] Affected source, for
the purposes of this part, means the
stationary source, the group of
stationary sources, or the portion of
a stationary source that is regulated by a |||e|li$f
Illllllll or other requirement established pursuant
to section 112 of the Act. Each relevant standard
will define the "affected source" for the purposes of
that |ia|||||. The term "affected source," as used
in this part, is separate and distinct from any other
use of that term in EPA regulations such as those
implementing title IV of the Act. Sources regulated
under part 60 or part 61 of this chapter are not
affected sources for the purposes of part 63.
the Act.
ACID
[Part 70.2] Affected source shall
have the meaning given to it in the
regulations promulgated under title
IV [Acid Deposition Control] of
[Part 72.2] Affected source means
a source that includes one or more
affected units.
Affected Unit
ACID
limitation.
[Part 70.2] Affected unit shall
have the meaning given to it in the
regulations promulgated under title
IV of the Act.
[Part 72.2] Affected unit
means a unit that is subject to any
Acid Rain emissions reduction
requirement or Acid Rain emission
Air Quality Control Region
CAA
[Section 107] An air quality
control region, as designated by
the Administrator in consultation
with the appropriate State and local
authorities, is any interstate area or major intrastate
area designated for the purpose of demonstrating
attainment and maintenance of ambient air quality
standards.
Allowable Emissions
[Part 52.21] Allowable emissions means the
emissions rate of a stationary source calculated
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PSD
using the maximum rated capacity
of the source (unless the source is
subject to |e|||||l|||n|||||b||
limits which restrict the operating
rate, or hours of operation, or both) and the most
stringent of the following:
(i) The applicable standards as set forth in
40 CFR parts 60 and 61;
(ii) The applicable State Implementation
Plan emissions limitation, including those with a
future compliance date; or
(iii) The emissions rate specified as a
federally enforceable perm it condition, including
those with a future compliance date.
PSD
[Part 51.166] Allowable emissions
means the emissions rate of a
stationary source calculated using
the maximum rated capacity of the
source (unless the source is subject to ||i||ra|||
HHHHIlje lim'ts which restrict the operating rate,
or hours of operation, or both) and the most
stringent of the following:
(i) The applicable standards as set forth in
40 CFR parts 60 and 61;
(ii) The applicable State Implementation
Plan emissions limitation, including those with a
future compliance date; or
(iii) the emissions rate specified as a
federally enforceable permit condition.
SIP
[Document 1] Allowable
emissions means the emissions
from a source based on either the
maximum rated capacity of the
source (unless the source is subject to a federally
enforceable permit which restricts the operating
rate, or hours of operation, or both) and the
applicable emissions standards, or federally
enforceable emissions limit.
NSR
[Parts 51.165 and 52.24]
Allowable emissions means the
emissions rate of a stationary
|f$£|e calculated using 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, or both) and the most stringent of the
following:
(i) The applicable standards set forth in 40
CFR parts 60 and 61;
(ii) Any applicable State Implementation
Plan emissions limitation, including those with a
future compliance date; or
(iii) the emissions rate specified as a
federally enforceable |e|f it condition, including
those with a future compliance date.
NSR
[Part 51, Appendix S] Allowable
emissions means the emissions rate
calculated using 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, or both) and the most stringent of the
following:
(i) Applicable |i||||i|js as set forth in
40 CFR parts 60 and 61;
(ii) Any applicable State Implementation
Plan emissions Jimitation, including those with a
future cotnpHfcttcedate; or
(iii) the emissions rate specified as a
federally enforceable permit condition, including
those with a future compliance date.
Alternative Control
Technique (ACT) Documents
SIP
[NOX Supplement] Alternative
control technique documents
(ACTs) provide information on the
full range of emission control
technologies for categories of stationary sources that
emit or have the potential to emit NOX or VOC.
Similar to the CTGs issued for VOC
source categories, the ACTs will contain extensive
background information on control technologies,
costs, availability, etc., that can be used by States in
making ^fli; determinations. However, unlike the
CTGs, the ACTs will not establish a presumptive
RACT.
Alternative Emission
Limitation
NESHAP
[Part 63.2] Alternative emission
limitation means conditions
established pursuant to sections
112(i)(5) or 112(i)(6) of the Act by
the Administrator or by a State with an |ij||f||||d
Alternative Emission
Standard
NESHAP
[Part 63.2] Alternative emission
standard means an alternative
means of emission limitation that,
(Version 01: April 1995)
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after notice and opportunity for public comment,
has been demonstrated by an owner or operator to
the Administrator's satisfaction to achieve a
reduction in emissions of any air pollutant at least
equivalent to the reduction in emissions of such
pollutant achieved under a relevant design,
equipment, work practice, or operational |||f||||B
standard, or combination thereof, established under
this part pursuant to section 112(h) of the Act.
Alternative Method
NESHAP
[Part 61.02] Alternative method
means any method of sampling and
analyzing for an air pollutant
which is not a reference iaethod
but which has been demonstrated to the
Administrator's satisfaction to produce results
adequate for the Administrator's determination of
compliance.
NSPS
[Part 60.2] Alternative method
means any method of sampling and
analyzing for an air pollutant
which is not a reference or
equivalent method but which has been demonstrated
to the Administrator's satisfaction to, in specific
cases, produce results adequate for the
Administrator's determination of compliance.
Alternative Test Method
NESHAP
[Part 63.2] Alternative test
method means any method of
sampling and analyzing for an air
pollutant that is not a test method
in this chapter and that has been demonstrated to
the Administrator's satisfaction, using Method 301
in Appendix A of this part, to produce results
adequate for the Administrator's determination that
it may be used in place of a test method specified
in this part.
Applicable Emission
Limitation or Standard
EMP
[Part 64.2] Applicable emission
limitation or standard means an
emission limitation or standard
subject to the requirements of this
part, including:
(1) An emission limitation or standard
applicable to a regulated hazardous air pollutant
under part 61 of this chapter; or
(2) An emission limitation or standard
applicable to a regulated air pollutant, other than a
hazardous air pollutant under section 112 of the
Act, for which the source is classified as a H|jor
source.
Applicable Requirement
[Part 70.2] Applicable
requirement means all of the
following as they apply to
emissions «a»t$ in a f>art 70 source
(including requirements that have been promulgated
or approved by EPA through rulemaking at the time
of issuance but have future-effective compliance
dates):
(1) Any Stamford 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 part 52 of this
chapter;
(2) Any term or condition of any
preconstruction ||||||j|| issued pursuant to
regulations approved or promulgated through
rulemaking under title I, including parts C or D, of
the Act;
(3) Any standard or other requirement
under section 1 1 1 of the Act, including section
(4) Any standard or other requirement
under section 1 12 of the Act, including any
requirement concerning accident prevention under
section 112(r)(7) of the Act;
(5) Any standard or other requirement of
the acid rain program under title IV of the Act or
the regulations promulgated thereunder;
(6) Any requirements established pursuant
to section 504(b) or section 114(a)(3) of the Act;
(7) Any standard or other requirement
governing solid waste incineration, under section
129 of the Act;
(8) Any standard or other requirement for
consumer and commercial products, under section
183(e)ofthe Act;
(9) Any standard or other requirement for
tank vessels under section 183(f) of the Act;
(10) Any standard or other requirement of
the program to control air pollution from outer
continental shelf sources, under section 328 of the
Act;
(11) 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
(Version 01: April 1995)
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requirements need not be contained in a title V
permit; and
(12) Any national ambient air quality
standard or increment 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.
Approved Permit Program
NESHAP
[Part 63.2] Approved permit
program means a State permit
Ifogjlnv approved by the
Administrator as meeting the
requirements of part 70 of this chapter or a Federal
permit program established in this chapter pursuant
to title V of the Act (42 U.S.C. 7661)
Area Source
NESHAP
[Part 63.2] Area source means any
Stationary source of hazardous air
pollutants that is not a major
Source as defined in this part.
[Document 1] Area Source means
any stationary and nonroad sources
that are too small and/or too
numerous to be included in the
stationary point source emissions inventories. For
the purposes of section 112 of the Act, any
stationary source of HAP's that is not a major
source.
SIP
[Documents 2 and 4] Area Source
mean any stationary or non-road
source that is too small and/or too
numerous to be included in the
stationary point-source emissions inventories.
SIP
I [Part 51.100] Area source means
any small residential,
governmental, institutional,
commercial, or industrial fuel
combustion operations; onsite solid waste disposal
fecility; motor vehicles, aircraft vessels, or other
transportation facilities or other miscellaneous
sources identified through inventory techniques
similar to those described in the "AEROS Manual
series, Vol. II AEROS User's Manual," EPA-450/2-
76-029 December 1976.
Attainment Area
[Section 107] An attainment area is any area
that is not designated a nonattainment or
CAA
unclassifiable area and that meets
the national primary or secondary
ambient air quality standard for a
given pollutant.
Begin Actual Construction
NSR
[Parts 51.165 and 51, Appendix S]
Begin actual construction means,
in general, initiation of physical
on-site |||||t||f|*|| activities on an
emi$$k>n$ unit which are of a permanent nature.
Such activities include, but are not limited to,
installation of building supports and foundations,
laying of underground pipework, and construction
of permanent storage structures. With respect to a
change in method of operating this term refers to
those on-site activities other than preparatory
activities which mark the initiation of the change.
NSR
PSD
[Part 52.24]
[Parts 52.21 and
51.166]
Begin actual
construction means, in general, initiation of
physical on-site |||||||||j||$ activities on an
|||||s|on||$||!: which are of a permanent nature.
Such activities include, but are not limited to,
installation of building supports and foundations,
laying of underground pipework, and construction
of permanent storage structures. With respect to a
change in method of operations, this term refers to
those on-site activities other than preparatory
activities which mark the initiation of the change.
Best Available Control
Measures (BACM)
SIP
[PM-10 Supplement] The best
available control measure (BACM)
is the maximum degree of
emissions reduction of |i|i|iS and
PM-10 precursors from a source (except as provided
in subsection C.3) which is determined on a case-
by-case basis, taking into account energy,
environmental, and economic impacts and other
costs, to be achievable for such source through
application of production processes and available
methods, systems, and techniques for control of
each such pollutant.
Best Available Control
Technology (BACT)
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PSD
[Part 51.166] Best available
control technology means an
emissions limitation (including a
visible emissions standard) based
on the maximum degree of reduction for each
pollutant subject to regulation under the Act which
would be emitted from any proposed major
stationary source or major modification which the
reviewing authority, 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 combination 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 pSndard under 40 CFR
parts 60 and 61. If the reviewing authority
determines that the technological or economic
limitations on the application of measurement
methodology to a particular |||i|||||||||;i| 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.
PSD
[Part 52.21] Best available control
technology means an emissions
limitation (including a visible
emission standard) based on the
maximum degree of reduction for each pollutant
subject to regulation under Act which would be
emitted from any proposed |||||Q|;||||||ji|a||l^ii|^|
or major modification which the Administrator, 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
Annotation for BACT
• The decision to select what constitutes "best" is based on demonstrated control technologies and
techniques that are in use and on the energy, environmental, and economic impacts of alternative
control. Therefore, a BACT decision could differ from State to State, or even within a State, depending
on site-specific impacts and the relevance of the energy, environmental, and economic factors in the
decision.
• BACT differs from LAER (which applies in nonartainment areas) in that LAER need not consider
energy, environmental, and economic impacts of applying that level of control.
• The consideration of environmental impacts can include the impact on ambient air, other pollutants
emitted (e.g., criteria and HAP), and solid waste and water impacts. EPA stresses the need for good
control regardless of the impact to the ambient air. For example, increasing a stack height may improve
the localized impact to ambient air, but there is still an overall adverse impact due to those emissions.
(Version 01: April 1995)
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any pollutant which would exceed the emissions
allowed by any applicable $;i|§(i||a under 40 CFR
parts 60 and 61. If the Administrator determines
that the technological or economic limitations on
the application of measurement methodology to a
particular |iii||||||||u|k 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, or
Facility (or Installation)
Capital Expenditure
vis
I [Part 51.301] Building, structure,
or facility 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 must 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).
PSD
NSR
[Parts 52.21 and
51.166] [Parts
51.165, 52.24, and
51 Appendix S,
and 52.24] 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 first 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).
NSPS
[Part 60.2] Capital expenditure
means an expenditure for a
physical or operational change to
an ||||i|||||||:i|| which 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.
NESHAP
[Part 61.02] Capital expenditure
means an expenditure for a
physical or operational change to a
stationary source which 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 stationary source's basis, as
defined by section 1012 of the Internal Revenue
Code. However, the total expenditure for a physical
or operational change to a stationary source must
not be reduced by any "excluded additions" as
defined for stationary sources constructed after
December31, 1981, in IRS Publication 534, as
would be done for tax purposes. In addition,
"annual asset guideline repair allowance" may be
used even though it is excluded for tax purposes in
IRS Publication 534.
Class I Area
CAA
[Section 162] All international
parks, national wilderness areas
which exceed 5,000 acres in size,
national memorial parks which
exceed 5,000 acres in size, and national parks which
exceed 6,000 acres in size, and which were in
existence on the date of enactment of the Clean Air
Act Amendments of 1977 shall be Class I Areas
and may not be redesignated. All areas which were
redesignated as Class I under regulations
promulgated before such date of enactment shall be
Class I areas which may be redesignated as
provided in this part. The extent of the areas
designated as Class I under this section shall
conform to any changes in the boundaries of such
areas which have occurred subsequent to the date of
the enactment of the Clean Air Act Amendments of
1977 or which may occur subsequent to the date of
(Version 01: April 1995)
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the enactment of the Clean Air Act Amendments of
1990. All areas in such States designated pursuant
to Section 107(d) as attainment or unclassifiable
which are not established as Class I under
subsection (a) shall be Class II areas unless
redesignated under Section 164. This definition is
relevant in making PSD determinations.
Commence Construction
Commence(d)
[Part 63.2] Commenced means,
NESHAPI with resPect to construction or
reconstruction of a stationary
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.
NESHAP
NSPS
[Part 61.02]
[Part 60.2]
Commenced
means, with
respect to the definition of "new source" in
section 11 l(a)(2) of the Act, that an owner or
operator has undertaken a continuous program of
|||Hiiu|ii|i or |l||i|i|e|i||} 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.
SIP
modification.
[Part 52.01] The term commenced
means that an owner or operator
has undertaken a continuous
program of construction or
NSR
PSD
[Parts 51.165,
52.24, and 51,
Appendix S]
[Parts 52.21 and
51.166] Commence as applied to construction of a
major stationary source or major modification
means that the owner or operator has all necessary
preconstruction approvals or permits and either has:
(i) Begun, or caused to begin, a
continuous program of actual on-site construction of
the source, to be completed within a reasonable
time; or
(ii) 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.
SIP
[Part 52.22] The phrase to
commence construction means to
engage in a continuous program of
on-site ||fi|f||cf||n including site
clearance, grading, dredging, or land filling
specifically designed for an indirect source in
preparation for the fabrication, erection, or
installation of the building components of the
indirect source. For the purpose of this paragraph,
interruptions resulting from acts of God, strikes,
litigation, or other matters beyond the control of the
owner shall be disregarded in determining whether a
construction or modification program is continuous.
[Part 72.2] Commence
construction means that an owner
or operator has either undertaken a
continuous program of |||||t|B|||Qn
or has entered into a contractual obligation to
undertake and complete, within a reasonable time, a
continuous program of construction.
Commence Modification
SIP
[Part 52.22] The phrase to
commence modification means to
engage in a continuous program of
on-site i||lj|||||||S|, including site
clearance, grading, dredging, or land filling in
preparation for a specific modification of the
indirect source.
Compliance Date
NESHAP
[Part 63.2 ] Compliance date
means the date by which an
||||||||;i|||||| is required to be in
compliance with a relevant
Standard, limitation, prohibition, or any federally
enforceable requirement established by the
Administrator (or a State with an approved petmit
program) pursuant to section 112 of the Act.
Compliance Plan
[Part 63.2] Compliance plan
NESHAP I means a P'an tnat contains all of
the following:
(1) A description of the compliance
status of the affected source with respect to all
applicable requirements established under this part;
(2) A description as follows:
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(i) For applicable requirements for which
the source is in compliance, a statement that the
source will continue to comply with such
requirements;
(ii) For applicable requirements that the
source is required to comply with by a future date,
a statement that the source will meet such
requirements on a timely basis;
(iii) For applicable requirements for which
the source is not in compliance, a narrative
description of how the source will achieve
compliance with such requirements on a timely
basis;
(3) A compliance schedule, as defined in
this section; and
(4) A schedule for submission of certified
progress reports no less frequently than every
6 months for affected sources required to have a
schedule of compliance to remedy a violation.
ACID
[Part 72.2] Compliance plan, for
purposes of the Acid Rain
Program, means the document
submitted for an affected source in
accordance with subpart C of this part, specifying
the method(s) (including one or more Acid Rain
compliance options under subpart D or regulations
implementing section 407 of the Act) by which
each ifj|c||iit;j|ni| at the source will meet the
applicable Acid Rain emissions limitation and Acid
Rain emissions reduction requirements.
Compliance Schedule
NESHAP
[Part 63.2] Compliance schedule
means: (1) in the case of an
affected source that is in
compliance with all |$ig|i|||i|e
||i||i||i|i|ijit| established under this part, a statement
that the source will continue to comply with such
requirements; or
(2) In the case of an affected source that is
required to comply with applicable requirements by
a future date, a statement that the source will meet
such requirements on a timely basis and, if required
by an applicable requirement, a detailed schedule of
the dates by which each step toward compliance
will be reached; or
(3) In the case of an affected source not in
compliance with all applicable requirements
established under this part, a schedule of remedial
measures, including an enforceable sequence of
actions or operations with milestones and a schedule
for the submission of certified progress reports,
where applicable, leading to compliance with a
relevant s&ndard, limitation, prohibition, or any
federally enforceable requirement established
pursuant to section 112 of the Act for which the
affected source is not in compliance. This
compliance schedule shall resemble and be at least
as stringent as that contained in any judicial consent
decree or administrative order to which the source
is subject. Any such schedule of compliance shall
be supplemental to, and shall not sanction
noncompliance with, the applicable requirements on
which it is based.
NESHAP
[Part 61.02] Compliance schedule
means the date or dates by which a
source or category of sources is
required to comply with the
llllplllJ of this part and with any steps toward
such compliance which are set forth in a waiver of
compliance under § 61.11.
SIP
[Part 51.100] Compliance
schedule means the date or dates
by which a source or category of
sources is required to comply with
specific emission limitations contained in an
implementation plan and with any increments of
progress toward such compliance.
Construction
NESHAP
NSPS
[Part 61.02] [Part
60.2]
Construction
means fabrication,
erection, or installation of an |||||^;;|a||ii||.
ACID
[Part 63.2] Construction means
the on-site fabrication, erection, or
installation of an affected source.
[Part 52.01] The term
construction means fabrication,
erection, or installation.
[Part 72.2] Construction means
fabrication, erection, or installation
of a unit or any portion of a unit.
PSD
NSR
[Parts 52.21
and 51.166] [Parts
52.24, 51.165, and
Part 51,
Appendix S] Construction means any physical
change or change in the method of operation
(including fabrication, erection, installation,
demolition, or ||||||(||||i|n of an emissions unit)
which would result in a change in actual emissions.
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Continuous Compliance
(6) A data acquisition and handling
EMP
[Part 64.2] Continuous
compliance means, with respect to
an applicable emission limitation or
Standard, that:
(1) An owner or operator has obtained
quality-assured data from an enhanced monitoring
protocol for all periods in a reporting period during
which the enhanced monitoring protocol is required
to operate;
(2) Such data demonstrate that an owner
or operator has complied with the applicable
emission limitation or standard during all monitored
periods during the reporting period; and
(3) Any other data collected for the
purpose of determining compliance during the
period demonstrate that an owner or operator has
complied with an applicable emission limitation or
standard during the periods in which such data were
collected.
Continuous Emission
Monitoring System (CEMS)
NESHAP
[Part 63.2] Continuous emission
monitoring system (CEMS) means
the total equipment that may be
required to meet the data
acquisition and availability requirements of this
part, used to sample, condition (if applicable),
analyze, and provide a record of emissions.
ACID
[Part 72.2] Continuous emission
monitoring system or CEMS
means the equipment required by
part 75 of this chapter used to
sample, analyze, measure, and provide, by readings
taken at least once every 15 minutes, a permanent
record of emissions, expressed in pounds per hour
(Ib/hr) for sulfur dioxide and in pounds per million
British thermal units (Ib/mmBtu) for nitrogen
oxides. The following systems are component parts
included in a continuous emission monitoring
system:
Sulfur dioxide pollutant concentration
(1)
monitor;
(2) Flow monitor;
(3) Nitrogen oxides pollutant concentration
monitors;
(4) Diluent gas monitor (oxygen or carbon
dioxide);
(5) A continuous moisture monitor when
such monitoring is required by part 75 of this
chapter; and
system.
Continuous Monitoring
System (CMS)
NESHAP
[Part 63.2] Continuous
monitoring system (CMS) is a
comprehensive term that may
include, but is not limited to,
continuous emission monitoring systems, continuous
Opacity monitoring systems, continaotiS parameter
monitoring systems, or other manual or automatic
monitoring that is used for demonstrating
compliance with an applicable regulation on a
continuous basis as defined by the regulation.
NSPS
[Part 60.2] Continuous
monitoring system means the total
equipment, required under the
~"~~~^^^~ emission monitoring sections in
applicable subparts, used to sample and condition (if
applicable), to analyze, and to provide a permanent
record of emissions or process parameters.
Continuous Opacity
Monitoring System (COMS)
NESHAP
[Part 63.2] Continuous opacity
monitoring system (COMS) means
a continuous monitoring system
that measures the opacity of
emissions.
ACID
[Part 72.2] Continuous opacity
monitoring system or COMS
means the equipment required by
part 75 of this chapter to sample,
measure, analyze, and provide, with readings taken
at least once every 6 minutes, a permanent record
of opacity or transmittance. The following systems
are component parts included in a continuous
opacity monitoring system:
(1) Opacity monitor; and
(2) A data acquisition and handling
system.
Continuous Parameter
Monitoring System
NESHAP
[Part 63.2] Continuous parameter
monitoring system means the total
equipment that may be required to
meet the data acquisition and
10
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availability requirements of this part, used to
sample, condition (if applicable), analyze, and
provide a record of process or control system
parameters.
Control Strategy
Control Technology
SIP
I [Part 51.100] Control strategy
means a combination of measures
designated to achieve the aggregate
reduction of emissions necessary
for attainment and maintenance of national
standards including, but not limited to, measures
such as:
(1) Emission limitations.
(2) Federal or State emission charges or
taxes or other economic incentives or disincentives.
(3) Closing or relocation of residential,
commercial, or industrial facilities.
(4) Changes in schedule or methods of
operation of commercial or industrial facilities or
transportation systems, including, but not limited to,
short-term changes made in accordance with
standby plans.
(5) Periodic inspection and testing of
motor vehicle emission control systems, at such
times as the Administrator determines that such
program are feasible and practicable.
(6) Emission control measures applicable
to in-use motor vehicles including, but not limited
to, measures as mandatory maintenance, installation
of emission control devices, and conversion to
gaseous fuels.
(7) Any transportation control measure
including those transportation measures listed in
section 108(f) of the Clean Air Act as amended.
(8) Any variation of, or alternative to, any
measure delineated herein.
(9) Control or prohibition of a fuel or fuel
additive used in motor vehicles, if such control or
prohibition is necessary to achieve a national
primary or secondary air quality standard and is
approved by the Administrator under section
211(c)(4)(C)ofthe Act.
Control Technique Guideline
(CTG)
SIP
[SIP Supplement] A CTG is a
technical document that sets forth a
presumptive level of flUf!;
controls for a source category.
112g
[Part 63.41 ] Control technology
means measures, processes,
methods, systems, or techniques to
limit the emission of hazardous air
pollutants including, but not limited to, measures
that:
(1) reduce the volume of, or eliminate
emissions of, such pollutants through process
changes, substitution of materials or other
modifications,
(2) enclose systems or processes to
eliminate emissions,
(3) collect, capture or treat such pollutants
when released from a process, stack, storage or
fugitive emissions point,
(4) are design, equipment, work practice,
or operational standards (including requirements for
operator training or certification) as provided in
42 USC 7412(h), or
(5) are a combination of the above.
112J
[Part 63.51 ] Control technology
means measures, processes,
methods, systems, or techniques to
limit the emission of |ip|iou|!iair
|||j||||n|| including, but not limited to, measures
which:
(1) Reduce the quantity, or eliminate
emissions, of such pollutants through process
changes, substitution of materials or other
modifications;
(2) Enclose systems or processes to
eliminate emissions;
(3) Collect, capture, or treat such
pollutants when released from a process, stack,
storage or fugitive emissions point;
(4) Are design, equipment, work practice,
or operational standards including requirements for
operator training or certification) as provided in
42 USC 7412(h); or
(5) Are a combination of paragraphs (1)
through (4) of this definition.
De minimis
12g
[Part 63.41] De minimis means
(1) a rate of emissions less than or
equal to any of the emission rates
listed in § 63.44 of this subpart, or
(2) a rate of emissions:
(i) that is less than or equal to 10 tons per
year, and
(ii) for which a State or local reviewing
agency has approved a case-by-case demonstration
(Version 01: April 1995)
11
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that ambient impacts are de minimis. Any State
program providing for such a demonstration must
be approved in accordance with procedures
established in subpart E of this part. In developing
a program for case-by-case demonstrations, States
must meet the following criteria:
(A) For "nonthreshold pollutants" for
which there is evidence of carcinogenicity, as
identified in §63.48 of this subpart, the case-by-case
determination shall use cancer risk criteria, and
associated air quality benchmarks, for which the
risk from the increased emissions is not greater than
1-in-l million; where no unit risk value is available
from the Integrated Risk Information System, the de
minimis emission rate shall be less than or equal to
the value listed in §63.44 of this subpart.
(B) For noncancer health effects, the case-
by-case determination shall be based upon air
quality benchmarks that do not exceed EPA
reference concentrations (RfC's), where such RfC's
are available from the Integrated Risk Information
System; where no such RfC is available, the
emission rate shall be less than or equal to the value
listed in §63.44 of this subpart.
(C) Any dispersion analysis used to support
the case-by-case de minimis value shall use EPA
Guideline dispersion models, and shall use the
actual release parameters (stack height, stack
diameter, velocity, temperature, and building effects
variables) that are proposed for the source under
review.
(3) For radionuclides, an amount less than
or equal to that amount would cause any member of
the public to receive in any year an effective dose
equivalent of 0.3 millirem as determined through
the use of the COMPLY or COMPLY-1 computer
code or alternative requirements of 40 CFR part 61,
Appendix E.
Effective Date
NESHAP
[Part 61 .02] Effective date is the
^ate °^ Promul£ati°n 'n tne
FEDERAL REGISTER of an
applicable standard or other
regulation under this part.
[Part 63.2] Effective date means:
NESHAP | l}l With re§ard to an mill!
|iaricla|d established under this part,
the date of promulgation in the
Federal Register of such standard; or
(2) With regard to an alternative emission
limitation or equivalent emission limitation
determined by the Administrator (or a State with an
approved permit program), the date that the
alternative emission limitation or equivalent
emission limitation becomes effective according to
the provisions of this part. The effective date of a
permit program established under title V of the Act
(42 U.S.C. 7661) is determined according to the
regulations in this chapter establishing such
programs.
Electric Utility Steam
Generating Unit
H2g
[Part 63.41] Electric utility steam
generating unit means any fossil
fuel fired combustion unit of more
than 25 megawatts that serves a
generator that produces electricity for sale. A unit
that cogenerates steam and electricity and supplies
more than one-third of its potential electric output
capacity and more than 25 megawatts electric
output to any utility power distribution system for
sale shall be considered an electric utility steam
generating unit.
PSD
NSR
[Parts 52.21 and
51.166] [Parts
51.165 and 52.24]
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.
Emissions Allowable Under
the Permit
v
I [Part 70.2] Emissions allowable
under the permit means a federally
enforceable jjermjt term or
condition determined at issuance to
be required by an applicable requirement that
establishes an emissions limit (including a work
practice standard) or a federally enforceable
emissions cap that the source has assumed to avoid
an applicable requirement to which the source
would otherwise be subject.
12
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Emissions Averaging
NESHAP
[Part 63.2] Emissions averaging is
a way to comply with the emission
limitations specified in a relevant
standard, whereby an affected
|j|u|||, if allowed under a subpart of this part, may
create emission credits by reducing emissions from
specific points to a level below that required by the
relevant standard, and those credits are used to
offset emissions from points that are not controlled
to the level required by the relevant standard.
Emission Limitation or
Standard
NESHAP
[Part 63.2] Emission standard
means a national standard,
limitation, prohibition, or other
regulation promulgated in a subpart
of this part pursuant to sections 112(d), 112(h), or
112(f) of the Act.
SIP
[Part 51.100] Emission limitation
and emission standard means a
requirement established by a State,
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.
EMP
[Part 64.2] Emission limitation or
standard means any federally-
enforceable emission limitation,
^~"~""^^ emission standard, |||||||il of
performance or means of emission limitation as
defined under the Act. An emission limitation or
standard may be expressed in terms of the pollutant,
expressed either as a specific quantity, rate or
concentration of emissions (e.g., Ibs. of SO2/hr, Ibs.
of SO2/mmBtu, or kilograms of mil/liter of
applied coating solids) or as the relationship of
uncontrolled to controlled emissions (e.g.,
percentage capture and destruction efficiency of
VOC or percentage reduction of SC>2). An
emission limitation or standard may also be
expressed either as a work practice (e.g., leak
detection and repair programs for VOC or mercury
emissions), process or control device parameter
(e.g., incinerator temperature for VOC destruction
efficiency), or other form of design, equipment,
operational or operation and maintenance
requirement.
Emission Point
H2j
[Part 63.51] Emission point means
any part or activity of a |§|}|l
source that emits or has the
potential to emit, under current
operational design, any hazardous air pollutant.
H2g
[Part 63.41] Emission point
any part or activity of a nfajfr
source that emits or could emit any
hazardoas air pollutant.
Emission(s) Unit
112g
[Part 63.41] Emission unit means
the collection of emission points
within a source requiring a MACT
determination. An emission unit
can be defined (by the permitting authority) as any
of the following:
(1) An emitting point that can be
individually controlled, e.g., a boiler, a spray booth,
etc.
(2) The smallest grouping of emission
points, that, when collected together, can be
commonly controlled by a single control device or
work practice.
(3) A grouping of emission points, that,
when collected together, can be commonly
controlled by a single control device or work
practice.
(4) A grouping of emission points that are
functionally related. Equipment is functionally
related if the operation or action for which the
equipment was specifically designed could not occur
without being connected with or relying on the
operation of another piece of equipment.
(5) A grouping of emission points that,
when collected together, comprise a building,
t facility, dr installation.
[Part 63.51] Emission unit means
1121 I any kw&fcnt' stru^we. facility, or
installation. This could include an
emission, point or collection of
emission points, within a major scarce, which the
permitting authority determines is the appropriate
entity for making a MACT determination under
section 112(j), i.e., any of the following:
(1) An emission point that can be
individually controlled.
(Version 01: April 1995)
13
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(2) The smallest grouping of emission
points, that, when collected together, can be
commonly controlled by a single control device or
work practice.
(3) Any grouping of emission points, that,
when collected together, can be commonly
controlled by a single control device or work
practice.
(4) A grouping of emission points that are
functionally related. Equipment is functionally
related if the operation or action for which the
equipment was specifically designed could not occur
without being connected with or without relying on
the operation of another piece of equipment.
(5) The entire geographical entity
comprising a major source in a source category
subject to be a MACT determination under
section 112(j).
PSD
NSR
[Parts 52.21 and
51.166]
[Part 52.24, and
Part 51,
Appendix S] Emission unit means any part of a
Stationary source which emits or would have the
potential to emit any pollutant subject to regulation
under the Act.
NSR
[Part 51.165] Emission unit
means any part of a Stationary
Source which emits or would have
the potential to emit any pollutant
subject to regulation under the the [sic] Act.
V
[Part 70.2] Emissions Unit
means any part or activity of a
stationary source that emits or has
the potential to emit any regulated
air pollutant or any pollutant listed under
section 112(b) of the Act. This term is not meant
to alter or affect the definition of the term "unit"
for purposes of title IV of the Act.
BMP
[Part 64.2] Emissions unit means
any part or activity of a source that
emits or has the potential to emit
any regulated air pollutant for
which an emi$$iQ8 limitation or standard has been
established. This term is not meant to alter or
affect the definition of the term "unit" for purposes
of title IV of the Act or of the term "emissions
unit" for purposes of title V of the Act.
Enhanced Monitoring
EMP
[Part 64.2] Enhanced monitoring
means the methodology used by an
owner or operator to detect
deviations with sufficient
representativeness, accuracy, precision, reliability,
frequency and timeliness in order to determine if
compliance is continuous during a reporting period.
Such monitoring shall be conducted through an
ennanced monitoring protocol established in
accordance with § 64.4.
Enhanced Monitoring
Protocol
EMP
[Part 64.2] Enhanced monitoring
protocol means the methodology,
and all installation, equipment,
performance, operation and quality
assurance requirements applicable to such
methodology, developed by the owner or operator
and approved by the permitting authority for the
purpose of conducting enhanced monitoring.
Equivalent Emission
Limitation
NESHAP
[Part 63.2] Equivalent emission
limitation means the maximum
achievable control technology
emission limitation (MACT
emission limitation) for hazardous air pollutants that
the Administrator (or a State with an approved
permit program) determines on a case-by-case basis,
pursuant to section 112(g) or section 112(j) of the
Act, to be equivalent to the emission standard that
would apply to an affected source if such standard
had been promulgated by the Administrator under
this part pursuant to section 112(d) or section
112(h) of the Act.
M2j
[Part 63.51] Equivalent emission
limitation means an ||j|||||||
limitation, established under section
112(j) of the Act, which is at least
as stringent as the MACT standard that EPA would
have promulgated under section 112(d) or section
112(h)ofthe Act.
14
(Version 01: April 1995)
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Equivalent Method
NSPS
[Part 60.2] Equivalent method
means any method of sampling and
analyzing for an air pollutant
which has been demonstrated to the
Administrator's satisfaction to have a consistent and
quantitatively known relationship to the |||||||||
method, under specified conditions.
Established Monitoring
EMP
[Part 64.2] Established
monitoring means a monitoring
methodology that has been
documented to be a feasible means
of assessing compliance with emission limitations or
111111111 for a specific type of eraisSJortS xuiit. In
considering whether established monitoring is
applicable to a particular emissions unit, limitations
in the applicable requirement in which the
monitoring is established that relate to the date of
construction or modification of an emissions unit
shall not be taken into account. Monitoring
methodologies developed pursuant to the following
requirements shall be considered established
monitoring methodologies:
(1) Monitoring requirements established
under part 60 or 61 of this chapter.
(2) Monitoring requirements established in
appendix P of part 51 of this chapter.
(3) Monitoring requirements in
implementation plans approved or promulgated by
the Administrator pursuant to title I of the Act that
reflect a <^^^^jKjm^^fj§^ published by
the Administrator under section 108 of the Act.
(4) Monitoring requirements established in
any preconstruction milt! 'ssue^ pursuant to
regulations approved or promulgated through
rulemaking under title I, including part C or D, of
the Act.
(5) Monitoring requirements established in
part 75 of this chapter.
Excess Emissions
SIP
[Part 51.100] Excess emissions
means emissions of an air pollutant
in excess of an
ACID
[Part 72.2] Excess emissions
means: (1) Any tonnage of sulfur
dioxide emitted by an ||^|||||||i|
during a calendar year that exceeds
the Acid Rain emissions limitation for sulfur
dioxide for the unit; and
(2) Any tonnage of nitrogen oxide emitted
by an affected unit during a calendar year that
exceeds the annual tonnage equivalent of the Acid
Rain emissions limitation for nitrogen oxides
applicable to the affected unit taking into account
the unit's heat input for the year.
Excess Emissions and
Continuous Monitoring
System Performance Report
[Part 63.2] Excess emissions and
NESHAPI continuous monitoring system
performance report is a report that
must be submitted periodically by
an ||l|||e|!i|fjuii| in order to provide data on its
compliance with relevant emission limits, operating
parameters, and the performance of its pontinuous
parameter monitoring systems.
Excess Emissions and
Monitoring Systems
Performance Report
[Part 60.2] Excess Emissions and
NSPS I Monitoring Systems Performance
Report is a report that must be
submitted periodically by a source
in order to provide data on its compliance with
stated emission limits and operating parameters, and
on the performance of its monitoring systems.
Existing Facility
NSPS
[Part 60.2] Existing facility
means, with reference to a
IPiliipiiiiliil' any apparatus of
the type for which a ||InxjB|| is
promulgated in this part, and the |||||||||||i or
modification of which was ||||||ienc|i before the
date of proposal of that standard; or any apparatus
which could be altered in such a way as to be of
that type.
Existing Major Source
[Part 63.51] Existing major
source means a major source,
construction or reconstruction of
which is commenced before EPA
proposed a ||||||l| applicable to the major source,
under section li2(d) or (h), or if no proposal was
(Version 01: April 1995)
15
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published, then on or before the section 112(j)
deadline.
Existing Source
[Part 61.02] Existing source
means any stationary source which
is not a pew $ource.
Existing Stationary Facility
vis
[Part 51.301] Existing stationary
facility means any of the following
Stationary soarces of air pollutants,
including any reconstructed source,
which was not in operation prior to August 7, 1962,
and was in existence on August 7, 1977, and has
the potential to emit 250 tons per year or more of
any air pollutant. In determining potential fo emit,
Jugitive emissions, to the extent quantifiable, must
be counted.
(1) Fossil-fuel fired steam electric plants
of more than 250 million British thermal units per
hour heat input,
(2) Coal cleaning plants (thermal dryers),
(3) Kraft pulp mills,
(4) Portland cement plants,
(5) Primary zinc smelters,
(6) Iron and steel mill plants,
(7) Primary aluminum ore reduction
plants,
(8) Primary copper smelters,
(9) Municipal incinerators capable of
charging more than 250 tons of refuse per day,
(10) Hydrofluoric, sulfuric, and nitric acid
plants,
(11) Petroleum refineries,
(12) Lime plants,
(13) Phosphate rock processing plants,
(14) Coke oven batteries,
(15) Sulfur recovery plants,
(16) Carbon black plants (furnace
process),
(17) Primary lead smelters,
(18) Fuel conversion plants,
(19) Sintering plants,
(20) Secondary metal production facilities,
(21) Chemical process plants,
(22) Fossil-fuel boilers of more than
20 million British thermal units per hour heat input,
(23) Petroleum storage and transfer
facilities with a capacity exceeding 300,000 barrels,
(24) Taconite ore processing facilities,
(25) Glass fiber processing plants, and
(26) Charcoal production facilities.
Facility
OZONE
[Part 82.3] Facility means any
process equipment (e.g., reactor,
distillation column) used to convert
raw materials or feedstock
chemicals into controlled substances or consume
controlled substances in the production of other
chemicals.
ACID
[Part 72.2] Facility means any
institutional, commercial, or
industrial structure, installation,
plant, source, or building.
Federal Land Manager
PSD
[Parts 52.21 and 51.166] Federal
Land Manager means, with respect
to any lands in the United States,
the Secretary of the Department
with authority over such lands.
VIS
[Parts 51.301] Federal Land
Manager means the Secretary of
the department with authority over
the Federal Cla$$ I area or, with
respect to Roosevelt-Campobello International Park,
the Chairman of the Roosevelt-Campobello
International Park Commission.
Federally Enforceable
PSD
NSR
[Parts 51.166 and
52.21]
[Parts 51.165,
52.24, 51,
Appendix S,] Federally enforceable means all
limitations and conditions which are enforceable by
the Administrator, including those requirements
developed pursuant to 40 CFR parts 60 and 61,
requirements within any applicable State
implementation plan, any $|i|||t requirements
established pursuant to 40 CFR 52.21 or under
regulations approved pursuant to 40 CFR part 51,
subpart I, including operating permits issued under
an EPA-approved program that is incorporated into
the State implementation plan and expressly
requires adherence to any permit issued under such
program.
NESHAP
[Part 63.2] Federally enforceable
means all limitations and
conditions that are enforceable by
the Administrator and citizens
under the Act or that are enforceable under other
16
(Version 0!: April 1995)
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statutes administered by the Administrator.
Examples of federally enforceable limitations and
conditions include, but are not limited to:
(1) Emission standards, alternative emission
standards, alternative emission limitations, and
equivalent emission limitations established pursuant
to section 112 of the Act as amended in 1990;
(2) New source performance standards
established pursuant to section 111 of the Act, and
emission standards established pursuant to section
112 of the Act before it was amended in 1990;
(3) All terms and conditions in a title V
permit, including any provisions that limit a
source's potential to emit, unless expressly
designated as not federally enforceable;
(4) Limitations and conditions that are part
of an approved State Implementation Plan (SIP) or
a Federal Implementation Plan (FIP);
(5) Limitations and conditions that are part
of a Federal construction permit issued under 40
CFR 52.21 or any construction permit issued under
regulations approved by the EPA in accordance
with 40 CFR part 51;
(6) Limitations and conditions that are part
of an operating permit issued pursuant to a program
approved by the EPA into a SIP as meeting the
EPA's minimum criteria for Federal enforceability,
including adequate notice and opportunity for EPA
and public comment prior to issuance of the final
permit and practicable enforceability;
(7) Limitations and conditions in a State
rule or program that has been approved by the EPA
under subpart E of this part for the purposes of
implementing and enforcing section 112; and
(8) Individual consent agreements that the
EPA has legal authority to create.
VIS
[Part 51.301] Federally
enforceable means all limitations
and conditions which are
enforceable by the Administrator
under the Clean Air Act including those
requirements developed pursuant to parts 60 and 61
of this title, requirements within any applicable
State Implementation Plan, and any l||pH
requirements established pursuant to § 52.21 of this
chapter or under regulations approved pursuant to
part 51, 52, or 60 of this title.
Fixed Capital Cost
NESHAP
[Part 63.2] Fixed capital cost
means the capital needed to
provide all the depreciable
components of an existing source.
VIS
[Part 51.301] F'lxed capital cost
means the capital needed to
provide all of the depreciable
components.
Fugitive Dust
[SIP Supplement] Fugitive dust is
partsculate matter suspended in the
air either by mechanical
disturbance of the surface material
or by wind action blowing across the surface.
Fugitive Emissions
NESHAP
[Part 63.2] Fugitive emissions
means those emissions from a
|||:i|||||i;|||||| that could not
reasonably pass through a stack,
chimney, vent, or other functionally equivalent
opening. Under section 112 of the Act, all fugitive
emissions are to be considered in determining
whether a stationary source is a major source.
PSD
NSR
V
VIS
EMP
[Parts 52.21 and
51.166]
[Parts 51.165,
52.24, and
Part 51, Appendix S] [Part 70.2] [Part 51.301]
[Part 64.2] Fugitive emissions means those
emissions which could not reasonably pass through
a stack, chimney, vent, or other functionally
equivalent opening.
General Permit
[Part 70.2] General permit means
a part 70 ifnnfr that meets the
requirements of § 70.6(d).
Hazardous Air Pollutant
(HAP)
NESHAP
[Part 63.2] Hazardous air
pollutant means any air pollutant
listed in or pursuant to section
112(b)ofthe Act.
(Version 01: April 1995)
17
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Innovative Control
Technology
PSD
[Parts 51.166 and 52.21]
Innovative control technology
means any system of air pollution
control that has not been
adequately demonstrated in practice, but would have
a substantial likelihood of achieving greater
continuous emissions reduction than any control
system in current practice or of achieving at least
comparable reductions at lower cost in terms of
energy, economics, or nonair quality environmental
impacts.
Intermittent Compliance
EMP
[Part 64.2] Intermittent
compliance means, with respect to
an applicable emission J imitation or
Standard, that an owner or operator
has either:
(1) Deviated from the applicable emission
limitation or standard for a period in which no
federally-approved or promulgated exemption from
such deviation applies; or
(2) Failed to obtain quality-assured
enhanced monitoring protocol data during a period
in which obtaining such data was required to be
obtained under an approved enhanced monitoring
protocol.
Lesser Quantity
NESHAP
[Part 63.2,] Lesser quantity means
a quantity of a hazardous ait
pollutant that is or may be emitted
by a stationary source that the
Administrator establishes in order to define a major
liutif under an applicable subpart of this part.
Lowest Achievable Emission
Rate (LAER)
NSR
[Parts 51.165 and 51, Appendix S]
Lowest achievable emission rate
means, for any source, the more
stringent rate of emissions based on
the following:
(A) The most stringent emissions limitation
which is contained in the implementation plan of
any State for such class or category of stationary
Ipllll, unless the owner or operator of the
proposed stationary- source demonstrates that such
limitations are not achievable; or
(B) The most stringent emissions limitation
which is achieved in practice by such class or
category of stationary sources. This limitation,
when applied to a ||||;|||at«;>i|, means the lowest
achievable emissions rate for the new or modified
emissions anils within the stationary source. In no
event shall the application of the term permit a
proposed new or modified stationary source to emit
any pollutant in excess of the amount allowable
under an applicable new source standard of
performance.
SIP
[PM-10 Supplement] Lowest
achievable emission rate (LAER)
is defined as the more stringent
emission rate based on either the
most stringent State emission limit or the most
stringent emission limit achieved in practice by such
class or category of source.
MACT (Maximum
Achievable Control
Technology)
OZONE
[Part 82.3] MACT means, with
respect to the destruction of a
coincidental unavoidable byproduct
of a manufacturing process
(CUBP), the maximum available control technology
having a destruction efficiency of no less than
99.99 percent.
This definition of MACT is separate from any
requirements of MACT under Section 112 of
the Act.
MACT-Affected Emission
Unit
112g
[Part 63.41] MACT-affected
emission unit means an f|||f|i||i
§l||| requiring a MACT
determination for a constructed,
reconstructed, or modified major source, consistent
with the following:
(1) for constructed or reconstructed major
sources, the MACT-affected emission unit shall
18
(Version 01: April 1995)
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include one or more emission points within the
constructed or reconstructed major source;
(2) for modified major sources, the MACT-
affected emission unit shall consist of:
(i) one or more emission points affected by
the modification, as identified in accordance with
the procedures in §63.43(b) of this subpart, and
(ii) at an owner or operator's discretion, a
combination of emission point(s) affected by the
modification, as identified in accordance with the
procedures in § 63.43(b) of this subpart, and other
emission point(s) located at the same major source,
when the owner or operator demonstrates that such
a combination of points would achieve a greater
degree of emission reductions compared to point-
by-point compliance, provided that:
(A) the combination of emission points
does not create an emission unit that is so unique
that it precludes the identification of similar
emission units, and
(B) the control technology that would be
applied to such a combined emission unit would
achieve emission reductions from all emission
points included, or involves recycling or reuse, or
constitutes a source reduction project.
(3) For emission points within categories
on the list of source categories, the MACT-affected
emission unit shall contain emission points,
equipment or apparatus that are within the same
source category. The owner or operator and
reviewing authority shall use reasonable judgement
when uncertainty exists regarding the source
category to which a particular process or equipment
type belongs.
MACT Emission Limitation
for Existing Sources
112J
[Part 63.51] Maximum achievable
control technology (MACT)
emission limitation for existing
sources means the emission
limitation reflecting the maximum degree of
reduction in emissions of hazardous air pollutants
(including a prohibition on such emissions, where
achievable) that the Administrator, taking into
consideration the cost of achieving such emission
reductions, and any non-air quality health and
environmental impacts and energy requirements,
determines is achievable by sources in the category
or subcategory to which such |||:i^|||;il||nEap
applies. This limitation shall not be less stringent
than the MACT floor.
H2g
[Part 63.41] Maximum achievable
control technology emission
(MACT) limitation for existing
sources means the ||r|||i|)n
limitation reflecting the maximum degree of
reduction in emissions that the permitting authority,
taking into consideration the cost of achieving such
emission reduction, and any non-air quality health
and environmental impacts and energy requirements,
determines is achievable by sources in the category
of stationary sources, that shall not be less stringent
than the MACT floor.
MACT Emission Limitation
for New Sources
112J
[Part 63.51] Maximum ach ievable
control technologies (MACT)
emission limitation for new
sources means the emission
limitation which is not less stringent than the
emission limitation achieved in practice by the best
controlled similar source, and which reflects the
maximum degree of reduction in emissions of
^a^dou|airi;pol]utants (including a prohibition on
such emissions, where achievable) that the
Administrator, taking into consideration the cost of
achieving such emission reduction, and any non-air
quality health and environmental impacts and
energy requirements, determines is achievable by
sources in the category or subcategory to which
such emission standard applies.
112g
[Part 63.41 ] Maximum achievable
control technologies (MACT)
emission limitation for new
sources means the emission
||$i|||f|il which is not less stringent than the
emission limitation achieved in practice by the best
controlled similar source, and which reflects the
maximum degree of reduction in emissions that the
permitting authority, taking into consideration the
cost of achieving such emission reduction, and any
non-air quality health and environmental impacts
and energy requirements, determines is achievable
by sources in the affected source category.
MACT Floor
112J
[Part 63.51] Maximum
Achievable Control Technology
(MACT) floor means:
(1) For existing sources:
(i) The average emission limitation
achieved by the best performing 12 percent of the
existing sources in the United States (for which the
(Version 01: April 1995)
19
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Administrator has emissions information), excluding
those sources that have, within 18 months before
the emission standard is proposed or within 30
months before such standard is promulgated,
whichever is later, first achieved a level of emission
rate or emission reduction which complies, or
would comply if the source is not subject to such
standard, with the lowest achievable emission rate
(as defined in section 171 of the Act) applicable to
the source category and prevailing at the time, in
the category or subcategory, for categories and
subcategories of stationary sources with 30 or more
sources; or
(ii) The average emission limitation
achieved by the best performing five sources in the
United States (for which the Administrator has or
could reasonably obtain emissions information) in
the category or subcategory, for a category or
subcategory of stationary sources with fewer than
30 sources;
(2) For new sources, the emission
limitation achieved in practice by the best controlled
similar source.
Maintenance of Standards
H2g
[Part 63.41] Maximum
Achievable Control Technology
(MACT) floor means:
(1) for existing sources:
(i) the average emission ttraitation achieved
by the best performing 12 percent of the existing
sources in the United States (for which the
permitting authority has or could reasonably obtain
emission information), excluding those sources that
have, within 18 months before the emission
!m|f|i;J 's proposed or within 30 months before
such standard is promulgated, whichever is later,
first achieved a level of emission rate or emission
reduction which complies, or would comply if the
source is not subject to such standard, with the
lowest achievable emission rate (as defined in
section 171) applicable to the source category and
prevailing at the time, for categories and
subcategories of stationary sources and
subcategories of stationary sources with 30 or more
sources in the category or subcategory; or
(ii) the average emission limitation
achieved by the best performing five sources in the
United States (for which the reviewing agency has
or could reasonably obtain emissions information)
for a category or subcategory of stationary sources
with fewer than 30 sources in the category or
subcategory;
(2) for new soarces, the emission limitation
achieved in practice by the best controlled similar
source.
SIP
[Part 51.110] Each implementation
plan must set forth a control
strategy that provides the degree of
emission reductions necessary' for
attainment of the Material Air Quality Standards.
Each plan must also provide for the maintenance of
the standard after it has been attained.
Major Modification
PSD
[Part 52.21] (i) Major
modification means any physical
change in or change in the method
of operation of a major stationary
source that would result in a significant net
emissions increase of any pollutant subject to
regulation under the Act.
(ii) Any net emissions increase that is
significant for volatile organic compounds shall be
considered significant for ozone.
(iii) A physical change or change in the
method of operation shall not include:
(a) Routine maintenance, repair and
replacement;
(b) 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 (or any superseding
legislation) or by reason of a natural gas curtailment
plant [sic] pursuant to the Federal Power Act;
(c) Use of an alternative fuel by reason of
an order or rule under section 125 of the Act;
(d) Use of an alternative fuel at a steam
generating unit to the extent that the fuel is
generated from municipal solid waste;
(e) Use of an alternative fuel or raw
material by a stationary source which:
(1) The source was capable of
accommodating before January 6, 1975, unless such
change would be prohibited under any federally
enforceable permit condition which was established
after January 6, 1975 pursuant to 40 CFR 52.21 or
under regulations approved pursuant to 40 CFR
subpart I or 40 CFR 51.166; or
(2) The source is approved to use under
any permit issued under 40 CFR 52.21 or under
regulations approved pursuant to 40 CFR 51.166;
09 An increase in the hours of operation or
in the production rate, unless such change would be
prohibited under any federally enforceable permit
condition which was established after
January 6, 1975, pursuant to 40 CFR 52.21 or under
regulations approved pursuant to 40 CFR subpart 1
or 40 CFR 51.166.
20
(Version 01: April 1995)
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(g) Any change in ownership at a
stationary source.
(h) The addition, replacement or use of a
pollution control project at an existing electric
utility steam generating unit, unless the
Administrator determines that such addition,
replacement, or use renders the unit less
environmentally beneficial, or except:
(1) When the Administrator has reason to
believe that the pollution control project would
result in a significant net increase in representative
actual annual emissions of any criteria pollutant
over levels used for that source in the most recent
air quality impact analysis in the area conducted for
the purpose of title I, if any, and
(2) The Administrator determines that the
increase will cause or contribute to a violation of
any national ambient air quality ||||i|||cl or PSD
increment, or visibility limitation.
(i) The installation, operation, cessation, or
removal of a temporary clean coal technology
demonstration project, provided that the project
complies with:
(J) The State implementation plan for the
State in which the project is located, and
(2) Other requirements necessary to attain
and maintain the national ambient air quality
standards during the project and after it is
terminated.
(j) The installation or operation of a
permanent clean coal technology demonstration
project that constitutes repowering, provided that
the project does not result in an increase in the
potential to emit of any ||p||||ii|||||t|fit emitted
by the unit. This exemption shall apply on a
pollutant-by-pollutant basis.
(k) The reactivation of a very clean coal-
fired electric utility steam generating unit.
PSD
[Part 51.166] (i) Major
modification means any physical
change in or change in the method
of operation of a major stationary
source that would result in a significant net
emissions increase of any pollutant subject to
regulation under the Act.
(ii) Any net emissions increase that is
significant for volatile organic compounds shall be
considered significant for ozone.
(iii) A physical change or change in the
method of operation shall not include:
(a) Routine maintenance, repair and
replacement;
(b) 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 (or any superseding
legislation) or by reason of a natural gas curtailment
plan pursuant to the Federal Power Act;
Annotation for PSD - Major Modification
Existing major sources in attainment areas that undergo a major modification must obtain a
PSD preconstruction permit. Significant emission rates of pollutants are included in Table 1.
For most sources, emission rate is calculated as potential to emit after the modification minus actual
emissions prior to the modification.
(Version 01: April 1995)
21
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TABLE 1. SIGNIFICANT EMISSION RATES OF POLLUTANTS
REGULATED UNDER THE CLEAN AIR ACT
Pollutant Emission Rate (tpy)
Pollutant listed at 40 CFR 52.21(b)(23)
Carbon monoxide" 100
Nitrogen oxides°b 40
Sulfur dioxide" 40
Particulate matter (PM/PM-10)" 25/15
Ozone (VOC)" 40 (of VOC's)
Lead" 0.6
Municipal waste combustor organicsd 0.0000035
Municipal waste combustor metals' 15
Municipal waste combustor acid gasesf 40
Fluorides 3
Sulfuric acid mist 7
Hydrogen sulfide (H2S) 10
Total reduced sulfur compounds (including H2S) 10
Other pollutants regulated by the Clear Air ActE-h'
CFC's 112, 12, 112, 114, 115 Any emission rate
Halons 1211, 1301, 2402 Any emission rate
'Criteria pollutants
bNitrogen dioxide is the compound regulated as a criteria pollutant; however, significant emissions are based
on the sum of all oxides of nitrogen.
'Sulfur dioxide is the measure surrogate for the criteria pollutant sulfur oxides. Sulfur oxides have been
made subject to regulation explicitly through the proposal of 40 CFR 60 Subpart J as of August 17, 1989.
dMeasured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans.
'Measured as Particulate matter.
'Measured as sulfur dioxide and hydrogen chloride.
Significant emission rates have not been promulgated for these pollutants, and until such time, any
emissions by a new major source or any increase in emissions at an existing major source due to
modification, are "significant."
""Regulations covering some pollutants such as landfill gas emissions have recently been proposed.
Applicants should, therefore, verify what pollutants have been regulated under the Act at the time of
application.
'The 1990 Clean Air Act Amendments at section 112(b)(6) exclude hazardous air pollutants (HAPs) from
PSD requirements. Preconstruction review of HAP sources will be required under section 112(g) of the
Act when the implementing regulations are promulgated. The section 112(g) modification provisions appear
at 40 CFR 63.40.
22
(Version 01: April 1995)
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(c) Use of an alternative fuel by reason of
an order or rule under section 125 of the Act;
(d) Use of an alternative fuel at a steam
generating unit to the extent that the fuel is
generated from municipal solid waste;
(e) Use of an alternative fuel or raw
material by a stationary source which:
(1) The source was capable of
accommodating before January 6, 1975, unless such
change would be prohibited under any ||3e|||ly
enforceable permit condition which was established
after January 6, 1975 pursuant to 40 CFR 52.21 or
under regulations approved pursuant to 40 CFR
subpart I or §51.166; or
(2) The source is approved to use under
any permit issued under 40 CFR 52.21 or under
regulations approved pursuant to 40 CFR 51.166;
(j) An increase in the hours of operation or
in the production rate, unless such change would be
prohibited under any federally enforceable permit
condition which was established after
January 6, 1975, pursuant to 40 CFR 52.21 or under
regulations approved pursuant to 40 CFR Subpart I
or §51.166.
(g) Any change in ownership at a
stationary source.
(h) The addition, replacement or use of a
pollution control project at an existing electric
utility steam generating unit, unless the
Administrator determines that such addition,
replacement, or use renders the unit less
environmentally beneficial, or except:
(I) When the reviewing authority has
reason to believe that the pollution control project
would result in a significant net increase in
representative actual annual emissions of any
criteria pollutant over levels used for that source in
the most recent air quality impact analysis in the
area conducted for the purpose of title I, if any, and
(2) The reviewing authority determines that
the increase will cause or contribute to a violation
of any national ambient air quality |||||a|| or PSD
increment, or visibility limitation.
(i) The installation, operation, cessation, or
removal of a temporary clean coal technology
demonstration project, provided that the project
complies with:
(1) The State implementation plan for the
State in which the project is located, and
(2) Other requirements necessary to attain
and maintain the national ambient air quality
standards during the project and after it is
terminated.
(j) The installation or operation of a
permanent clean coal technology demonstration
project that constitutes repowering, provided that
the project does not result in an increase in the
||||||j||;|i|:;i|iLit of any ||g|i||ti||;|!O|j|||tvt emitted
by the unit. This exemption shall apply on a
pollutant-by-pollutant basis.
(k) The reactivation of a very clean coal-
fired electric utility steam generating unit.
NSR
[Part 51.165] (A) Major
modification means any physical
change in or change in the method
of operation of a major stationary
source that would result in a significant net
emissions increase of any pollutant subject to
regulation under the Act.
(B) Any net emissions increase that is
considered significant for volatile organic
compounds shall be considered significant for
ozone.
(C) A physical change or change in the
method of operation shall not include:
(1) Routine maintenance, repair and
replacement;
Annotation for NSR - Major Modification
Existing major sources that undergo a major modification in nonattainment areas are required to obtain a
preconstruction NSR permit. Major modification thresholds are listed in Table 2.
For most sources an emission increase is calculated as the maximum potential to emit (PTE) after the
modification minus actual emissions prior to the modification.
In this definition, the extent to which an emission unit has been utilized immediately before a physical
or operational change can be an important part of the determination (e.g., a unit that potentially can emit
1,000 tpy and is used at 80 percent has a difference between PTE and actual emissions of
1,000- 800 = 200 tpy).
(Version 01: April 1995)
23
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TABLE 2. MAJOR SOURCE THRESHOLDS AND MINIMUM EMISSIONS OFFSET
RATIO REQUIREMENTS FOR OZONE NONATTAINMENT AREA CLASSIFICATIONS
Ozone Nonattainment Area
Extreme
Severe
Serious
Moderate
Moderate, in an ozone
transport region
Marginal
VOC
(tpy)'
10
25
50
100
50
100
NOX
(tpy)'
10
25
50
100
100
100
Minimum Emissions
Offset Ratio Required
1.5 to I2
1.3 to I2
1.2 to 1
1.15 to 1
1.15 to 1
1.1 to 1
Marginal, in an ozone
transport region3 50 100 1.15 to 1
All other nonattainment areas,
outside of an ozone transport
region3 100 100 >1.0 to 1
All other nonattainment areas,
in an ozone transport
region3 100 100 1.15 to 1
Attainment, in an ozone
transport region 50 100 1.15 to 1
1 tpy = tons per year.
2 The minimum ratio is reduced to 1.2 to 1 if the applicable State implementation plan requires all major
sources of |||H| and NOX emissions to use ||||||||||||;;||||i||||||||||gji.
3 The other nonattainment areas are submarginal, transitional, and incomplete/no data.
94
•^n (Version 01: April 1995)
-------
(2) 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 (or any superseding
legislation) or by reason of a natural gas curtailment
plan pursuant to the Federal Power Act;
(3) Use of an alternative fuel by reason of
an order or rule under section 125 of the Act;
(4) Use of an alternative fuel at a steam
generating unit to the extent that the fuel is
generated from municipal solid waste;
(5) Use of an alternative fuel or raw
material by a stationary source which:
(i) The source was capable of
accommodating before December 21, 1976, unless
such change would be prohibited under any
federally enforceable permit condition which was
established after December 12, 1976 [sic] pursuant
to 40 CFR 52.21 or under regulations approved
pursuant to 40 CFR subpart I or §51.166; or
(ii) The source is approved to use under
any permit issued under regulations approved
pursuant to this section;
(6) An increase in the hours of operation or
in the production rate, unless such change would be
prohibited under any federally enforceable perm it
condition which was established after
December 21, 1976, pursuant to 40 CFR 52.21 or
under regulations approved pursuant to
40 CFR subpart 1 or §51.166.
(7) Any change in ownership at a
stationary source.
(8) The addition, replacement or use of a
pollution control project at an existing electric
||||i||||||||l|||||li|||!;||||t. unless the reviewing
authority determines that such addition,
replacement, or use renders the unit less
environmentally beneficial, or except:
(i) When the reviewing authority has
reason to believe that the pollution control project
would result in a significant net increase in
representative actual annual emissions of any
criteria pollutant over levels used for that source in
the most recent air quality impact analysis in the
area conducted for the purpose of title I, if any, and
(ii) The reviewing authority determines that
the increase will cause or contribute to a violation
of any national ambient air quality ||ii|ii|| or PSD
increment, or visibility limitation.
(9) The installation, operation, cessation, or
removal of a temporary clean coal technology
demonstration project, provided that the project
complies with:
(i) The State Implementation Plan for the
State in which the project is located, and
(ii) Other requirements necessary to attain
and maintain the national ambient air quality
standard during the project and after it is
terminated.
NSR
[Part 52.24] (i) Major
modification means any physical
change in or change in the method
of operation of a major stationary
source that would result in a significant net
emissions increase of any pollutant subject to
regulation under the Act.
(ii) Any net emissions increase that is
considered significant for volatile organic
|||||||p||s shall be considered significant for
ozone.
(iii) A physical change or change in the
method of operation shall not include:
(a) Routine maintenance, repair and
replacement;
(b) 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 (or any superseding
legislation) or by reason of a natural gas curtailment
plan pursuant to the Federal Power Act;
(c) Use of an alternative fuel by reason of
an order or rule under section 125 of the Act;
(d) Use of an alternative fuel at a steam
generating unit to the extent that the fuel is
generated from municipal solid waste;
(e) Use of an alternative fuel or raw
material by a stationary source which:
(1) The source was capable of
accommodating before July 1, 1979, unless such
change would be prohibited under any ||||ii|||
|i|||||||»l| IHlli condition which was established
after July 1, 1979"pursuant to 40 CFR 52.21 or
under regulations approved pursuant to 40 CFR
subpart I or §51.166; or
(2) The source is approved to use under
any permit issued under regulations approved
pursuant to 40 CFR subpart I;
(f) An increase in the hours of operation or
in the production rate, unless such change would be
prohibited under any federally enforceable permit
condition which was established after July 1, 1979,
pursuant to 40 CFR 52.21 or regulations approved
pursuant to 40 CFR Part 51 subpart 1 or
40 CFR 51.166.
(g) Any change in ownership at a
stationary source.
(h) The addition, replacement or use of a
pollution control project at an existing |i|ci:ic
Utility Steam generating xuiit, unless the
Administrator determines that such addition,
replacement, or use renders the unit less
environmentally beneficial, or except:
(Version 01: April 1995)
25
-------
(I) When the Administrator has reason to
believe that the pollution control project would resit
[sic] in a significant net increase in ||f||se|f|f!f|
actual annual emissions of any criteria pollutant
over levels used for that source in the most recent
air quality impact analysis in the area conducted for
the purpose of title 1, if any, and
(2) The Administrator determines that the
increase will cause or contribute to a violation of
any national ambient air quality ||||||i|| or PSD
increment, or visibility limitation.
(i) The installation, operation, cessation, or
removal of a temporary clean coal technology
demonstration project, provided that the project
complies with:
(1) The State Implementation Plan for the
State in which the project is located, and
(2) Other requirements necessary to attain
and maintain the national ambient air quality
standard during the project and after it is
terminated.
NSR
[Part 51, Appendix S] (i) Major
modification means any physical
change in or change in the method
of operation of a major stationary
source that would result in a significant net
emissions increase of any pollutant subject to
regulation under the Act.
(ii) Any net emissions increase that is
considered significant for volatile organic
HHiHH! shall be considered significant for
ozone.
(iii) A physical change or change in the
method of operation shall not include:
(a) Routine maintenance, repair and
replacement;
(b) 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 (or any superseding
legislation) or by reason of a natural gas curtailment
plan pursuant to the Federal Power Act;
(c) Use of an alternative fuel by reason of
an order or rule under section 125 of the Act;
(d) Use of an alternative fuel at a steam
generating unit to the extent that the fuel is
generated from municipal solid waste;
(e) Use of an alternative fuel or raw
material by a stationary sumte which:
(1) The source was capable of
accommodating before December 21, 1976, unless
such change would be prohibited under any
federally enforceable permit condition which was
established after December 21, 1976 pursuant to
40 CFR 52.21 or under regulations approved
pursuant to 40 CFR subpart I or §51.166, or
(2) The source is approved to use under
any j^n|t^ issued under this ruling;
(f) An increase in the hours of operation or
in the production rate, unless such change would be
prohibited under any federally enforceable permit
condition which was established after December 21,
1976, pursuant to 40 CFR 52.21 or under
regulations approved pursuant to 40 CFR subpart 1
or §51.166.
(g) Any change in ownership at a
stationary source.
SIP
[Document 1] Major
modification. The Act has
multiple definitions for major
modifications depending on the
nonattainment classification and the pollutant.
Major modification thresholds are listed in Table 2
for both mil ar|d NOx sources. The term major
modification is used to determine whether the
jito||j||||||i of an existing facility is subject to
NSR requirements.
VIS
[Part 51.301] Major Stationary-
Source and major modification
mean major stationary source and
major modification, respectively,
as defined in § 51.24.
Major Source
NESHAP
[Part 63.2] Major source means
any stationary source or group of
stationary sources located within a
contiguous area and under common
control that emits or has the potential to emit
considering controls, in the aggregate, 10 tons per
year or more of any hazardous air pollutant or 25
tons per year or more of any combination of
hazardous air pollutants, unless the Administrator
establishes a Jesser quantity, or in the case of
radionuclides, different criteria from those specified
in this sentence.
[Part 70.2] Major source means
any stationary source (or any group
of stationary sources that are
located on one or more contiguous
or adjacent properties, and are under common
control of the same person (or persons under
common control) belonging to a single major
industrial grouping and that are described in
paragraph (1), (2), or (3) of this definition. For the
purposes of defining "major source," a stationary
source or group of stationary sources shall be
considered part of a single industrial grouping if all
of the pollutant emitting activities at such source or
26
(Version 01: April 1995)
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group of sources on contiguous or adjacent
properties belong to the same Major Group (i.e., all
have the same two-digit code) as described in the
Standard Industrial Classification Manual, 1987.
(1) A major source under section 112 of
the Act, which is defined as:
(i) For pollutants other than radionuclides,
any stationary source or group of stationary sources
located within a contiguous area and under common
control that emits or has the potential to emit, in the
aggregate, 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 l||f$i||||||| as tne
Administrator may establish by rule.
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.
(2) A major stationary source of air
pollutants, 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,
as determined by rule by the Administrator). 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 one of the
following categories of stationary source:
(i) Coal cleaning plants (with thermal
dryers);
(ii) Kraft pulp mills;
(iii) Portland cement plants;
(iv) Primary zinc smelters;
(v) Iron and steel mills;
(vi) Primary aluminum ore reduction
plants;
(vii) Primary copper smelters;
(viii) Municipal incinerators capable of
charging more than 250 tons of refuse per day;
(ix) Hydrofluoric, sulfuric, or nitric acid
plants;
(x) Petroleum refineries;
(xi) Lime plants;
(xii) Phosphate rock processing plants;
(xiii) Coke oven batteries;
(xiv) Sulfur recovery plants;
(xv) Carbon black plants (furnace process);
(xvi) Primary lead smelters;
(xvii) Fuel conversion plants;
(xviii) Sintering plants;
(xix) Secondary metal production plants;
(xx) Chemical process plants;
(xxi) Fossil-fuel boilers (or combination
thereof) totaling more than 250 million British
thermal units per hour heat input;
(xxii) Petroleum storage and transfer units
with a total storage capacity exceeding 300,000
barrels;
(xxiii) Taconite ore processing plants;
(xxiv) Glass fiber processing plants;
(xxv) Charcoal production plants;
(xxvi) Fossil-fuel-fired steam electric plants
of more than 250 million British thermal units per
hour heat input; or
(xxvii) All other stationary source
categories regulated by a p||i|||| promulgated
under section 111 or 112 of the Act, but only with
respect to those air pollutants that have been
regulated for that category;
(3) A major stationary source as defined in
part D of title I of the Act, including:
(i) For ozone nonattainment areas, sources
with the potential to emit 100 tpy or more of
Volatile orgartie compounds or oxides of nitrogen in
areas classified as "marginal" or "moderate," 50 tpy
or more in areas classified as "serious," 25 tpy or
more in areas classified as "severe," and 10 tpy or
more in areas classified as "extreme"; except that
the references in this paragraph to 100, 50, 25, and
10 tpy of nitrogen oxides shall not apply with
respect to any source for which the Administrator
has made a finding, under section 182(0(1) or (2)
of the Act, that requirements under section 182(f)
of the Act do not apply;
(ii) For ozone transport regions established
pursuant to section 184 of the Act, sources with the
potential to emit 50 tpy or more of volatile organic
compounds;
(iii) For carbon monoxide nonattainment
areas:
(A) That are classified as "serious," and
(B) in which stationary Sources contribute
significantly to carbon monoxide levels as
determined under rules issued by the Administrator,
sources with the potential to emit 50 tpy or more of
carbon monoxide; and
(iv) For partittdate matter (PM-iO)
nonattainment areas classified as "serious," sources
with the potential to emit 70 tpy or more of PM-10.
BMP
[Part 64.2] Major source means
any major source as defined in
§ 70.2 of this chapter, excluding
(Version 01: April 1995)
27
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any hazardous air pollutant source included in
paragraph (1) of that definition.
Major Stationary Source
PSD
[Parts 52.21 and 51.166] Major
stationary source means:
(a) Any of the following
stationary sources of air pollutants
which emits, or has the potential to emit, 100 tons
per year or more of any pollutant subject to
regulation under the Act: Fossil-fuel-fired steam
electric plants of more than 250 million British
thermal units per hour heat input, coal cleaning
plants (with thermal dryers), kraft pulp mills,
Portland cement plants, primary zinc smelters, iron
and steel mill plants, primary aluminum ore
reduction plants, primary copper smelters, municipal
incinerators capable of charging more than 250 tons
of refuse per day, hydrofluoric, sulfuric, and nitric
acid plants, petroleum refineries, lime plants,
phosphate rock processing plants, coke oven
batteries, sulfur recovery plants, carbon black plants
(furnace process), primary lead smelters, fuel
conversion plants, sintering plants, secondary metal
production plants, chemical process plants, fossil
fuel boilers (or combinations thereof) totaling more
than 250 million British thermal units per hour heat
input, petroleum storage and transfer units with a
total storage capacity exceeding 300,000 barrels,
taconite ore processing plants, glass fiber processing
plants, and charcoal production plants;
(b) Notwithstanding the stationary source
size specified in paragraph (a) of this section, any
stationary source which emits, or has the potential
to emit, 250 tons per year or more of any air
pollutant subject to regulation under the Act; or
(c) Any physical change that would occur
at a stationary source not otherwise qualifying under
paragraph (b)(l) of this section, as a major
stationary source, if the changes would constitute a
major stationary source by itself.
(ii) A major stationary source that is major
for volatile organic compounds shall be considered
major for ozone.
(iii) The fogitive emissions of a stationary
source shall not be included in determining for any
of the purposes of this section whether it is a major
stationary source, unless the source belongs to one
of the following categories of stationary 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 250 tons of refuse per day;
(i) Hydrofluoric, sulfuric, or nitric acid
plants;
(I) Petroleum refineries;
(k) Lime plants;
(I) Phosphate rock processing plants;
(m) Coke oven batteries;
(n) Sulfur recovery plants;
(o) Carbon black plants (furnace process);
(p) Primary lead smelters;
(q) Fuel conversion plants;
(r) Sintering plants;
(s) Secondary metal production plants;
(t) Chemical process plants;
(u) Fossil-fuel boilers (or combination
thereof) totaling more than 250 million British
thermal units per hour heat input;
(v) Petroleum storage and transfer units
with a total storage capacity exceeding 300,000
barrels;
(w) Taconite ore processing plants;
(x) Glass fiber processing plants;
(y) Charcoal production plants;
(z) Fossil fuel-fired steam electric plants of
more than 250 million British thermal units per
hour heat input, and
(aa) Any other stationary source category
which, as of August 7, 1980, is being regulated
under section 111 or 112 of the Act.
NSR
[Parts 52.24, 51.165, and 51,
Appendix S] (i) Major stationary
source means:
™""1^^~" (a) Any stationary source
of air pollutants which emits, or has the potential to
||||, 100 tons per year or more of any pollutant
subject to regulation under the Act; or
(b) Any physical change that would occur
at a stationary source not qualifying under
paragraph (i)(a) of this section as a major stationary
source, if the change would constitute a major
stationary source by itself.
(ii) A major stationary source that is major
for volatile organic compounds shall be considered
major for ozone.
(iii) The fugitive emissions of a stationary
SOur
-------
(e) Iron and steel mills;
(f) Primary aluminum ore reduction plants;
(g) Primary copper smelters;
(h) Municipal incinerators capable of
charging more than 250 tons of refuse per day;
(i) Hydrofluoric, sulfuric, or nitric acid
plants;
(/) Petroleum refineries;
(k) Lime plants;
(I) Phosphate rock processing plants;
(m) Coke oven batteries;
(n) Sulfur recovery plants;
(o) Carbon black plants (furnace process);
(p) Primary lead smelters;
(q) Fuel conversion plants;
(r) Sintering plants;
(s) Secondary metal production plants;
(t) Chemical process plants;
(u) Fossil-fuel boilers (or combination
thereof) totaling more than 250 million British
thermal units per hour heat input;
(v) Petroleum storage and transfer units
with a total storage capacity exceeding
300,000 barrels;
(w) Taconite ore processing plants;
(x) Glass fiber processing plants;
(y) Charcoal production plants;
(z) Fossil fuel-fired steam electric plants of
more than 250 million British thermal units per
hour heat input;
(aa) Any other stationary source category
which, as of August 7, 1980, is being regulated
under section 111 or 112 of the Act.
Malfunction
vis
[Part 51.301] Major stationary
source and major modification
mean major stationary source and
major modification, respectively,
as defined in § 51.24.
SIP
I [Document 1, 2, and 4] The Act
has multiple definitions for major
stationary sources depending upon
the nonattainment classification and
the pollutant. Section 302 of the Act defines a
major stationary source as one that directly emits,
or has the potential to emit, 100 tpy or more of any
air pollutant. As exceptions to this rule, major
stationary source emissions thresholds, as defined in
Part D of Title I of the Act, are listed in Table 2
for both VOC and NOX sources.
NESHAP
[Part 63.2] Malfunction means
any sudden, infrequent, and not
reasonably preventable failure of
air pollution control equipment,
process equipment, or a process to operate in a
normal or usual manner. Failures that are caused in
part by poor maintenance or careless operation are
not malfunctions.
NSPS
[Part 60.2] Malfunction means
any sudden a°d unavoidable failure
of air pollution control equipment
or process equipment or of a
process to operate in a normal or usual manner.
Failures that are caused entirely or in part by poor
maintenance, careless operation, or any other
preventable upset condition or preventable
equipment breakdown shall not be considered
malfunctions.
Modification (modified
source)
SIP
[Part 52.01] The phrases
modification or modified source
mean any physical change, or
change in the method of operation
of, a stationary source which increases the emission
rate of any pollutant for which a national |^|i||||
has been promulgated under part 50 of this chapter
or which results in the emission of any such
pollutant not previously emitted, except that:
(1) Routine maintenance, repair, and
replacement shall not be considered a physical
change, and
(2) The following shall not be considered
a change in the method of operation:
(i) An increase in the production rate, if
such increase does not exceed the operating design
capacity of the source;
(ii) An increase in the hours of operation;
(iii) Use of an alternative fuel or raw
material, if prior to the effective
-------
or which results in the emissions of any HAP not
previously emitted by more than a de minimis
amount.
NSPS
[Part 60.2] Modification means,
any physical change in, or change
in the method of operation of, an
existing facULty which increases the
amount of any air pollutant (to which a ||||1|||
applies) emitted into the atmosphere by that |t|i$f||
or which results in the emission of any air pollutant
(to which a standard applies) into the atmosphere
not previously emitted.
40 CFR 60.14 defines the following as
exemptions from modifications:
(1) Maintenance, repair, and replacement
which the Administrator determines to be routine
for a source category, subject to the provisions of
paragraph (c) of this section and § 60.15
(2) An increase in production rate of an
existing facility, if that increase can be
accomplished without a |ia|||||;i|l||;r|d|titi|| on that
facility.
(3) An increase in the hours of operation.
(4) Use of an alternative fuel or raw
material if, prior to the date any standard under this
part becomes applicable to that source type, as
provided by § 60.1, the existing facility was
designed to accommodate that alternative use. A
facility shall be considered to be designed to
accommodate an alternative fuel or raw material if
that use could be accomplished under the facility's
construction specifications as amended prior to the
change. Conversion to coal required for energy
considerations, as specified in section 11 l(a)(8) of
the Act, shall not be considered a modification.
(5) The addition or use of any system or
device whose primary function is the reduction of
air pollutants, except when an emission control
system is removed or is replaced by a system which
the Administrator determines to be less
environmentally beneficial.
(6) The relocation or change in ownership
of an existing facility.
'NSPS
[Part 61.15] (This definition does
not appear in part 61.15 exactly as
it appears here; this definition is a
summarization based on
information in this section.)
A modification is any physical or
operational change to a stationary source which
results in an increase in the rate of emission to the
atmosphere of a hazardous pollutant to which a
||u||I|| applies. The following shall not, by
themselves, be considered modifications under this
part:
Annotation for NSPS - Modification
The intent of modification provisions is to apply to existing sources the same programs that apply to new sources
(e.g., to apply good control measures or equipment) whenever there is a major change at the facility that
increases emissions.
• Existing sources that are modified become subject to NSPS.
• Emission increases for NSPS and NESHAP purposes are determined by changes in hourly emissions
rates at maximum capacity. This allows sources to make changes that increase efficiency or even
capacity so long as the maximum Ib/hr rate does not increase (e.g., improve control equipment).
30
(Version 01: April 1995)
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(1) Maintenance, repair, and replacement
which the Administrator determines to be routine
for a source category.
(2) An increase in production rate of a
stationary source, if that increase can be
accomplished without a |||>|||||||iin||||i| on the
stationary source.
(3) An increase in the hours of operation.
(4) Any conversion to coal that meets the
requirements specified in Section 11 l(a)(8) of the
Clean Air Act.
(5) The relocation or change in ownership
of a stationary source. (However, such activities
must be reported in accordance with § 61.10[c]).
112g
[Part 63.41] Modification means
the fabrication (on site), erection,
or installation of any physical
change in, or change in the method
of operation of, a major source which increases the
actual emissions of any hazardous air pollutant
emitted by such source by more than a de minintis
amount or which results in the emission of any
hazardous air pollutant not previously emitted by
more than a de minimis amount. A physical change
in, or change in the method of operation of, a major
source which results in a greater than de minimis
increase in actual emissions of hazardous air
pollutants shall not be considered a modification, if
such increase in the quantity of actual emissions of
any hazardous air pollutant from such source will
be offset by an equal or greater decrease in the
quantity of another hazardous air pollutant (or
pollutants) from such source which is deemed more
hazardous.
See 40 CFR 63.48 for determining a more
hazardous quantity.
Net Emissions Increase
NSR
[Part 52.24] (i) Net emissions
increase means the amount by
which the sum of the following
exceeds zero:
(a) Any increase in actual emissions from a
particular physical change or change in the method
of operation at a stationary source; and
(b) Any other increases and decreases in
actual emissions at the source that are
contemporaneous with the particular change and are
otherwise creditable.
(ii) An increase or decrease in actual
emissions is contemporaneous with the increase
from the particular change only if it occurs
between:
(a) The date five years before ||||t|u||c|i
on the particular change commences and
(b) The date that the increase from the
particular change occurs.
(iii) An increase or decrease in actual
emissions is creditable only if the Administrator has
not relied on it in issuing a |pi|}| for the source
under regulations approved pursuant to
40 CFR subpart I which permit is in effect when
the increase in actual emissions from the particular
change occurs.
(iv) An increase in actual emissions in
creditabletime. [sic] only to the extent that the new
level of actual emissions exceeds the old level.
(v) A decrease in actual emissions is
creditable only to the extent that:
(a) The old level of actual emissions or the
old level of allowable ^aissions, whichever is
lower, exceeds the new level of actual emissions;
(b) It is federally«a&rceable at and after
the time that construction on the particular change
begins; and
(c) The Administrator or reviewing
authority has not relied on it in issuing any ||O|H|
under regulations approved pursuant to
40 CFR subpart 1 or the State has not relied on it in
demonstrating attainment or reasonable further
progress.
(d) It has approximately the same
qualitative significance for public health and welfare
as that attributed to the increase from the particular
change.
(vi) 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 that requires
shakedown becomes operational only after a
reasonable shakedown period, not to exceed
180 days.
NSR
[Part 51, Appendix S] (i) Net
emissions increase means the
amount by which the sum of the
following exceeds zero:
(a) Any increase in actual emissions from a
particular physical change or change in the method
of operation at a stationary source; and
(b) Any other increases and decreases in
actual emissions at the source that are
contemporaneous with the particular change and are
otherwise creditable.
(ii) An increase or decrease in actual
emissions is contemporaneous with the increase
(Version 01: April 1995)
31
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from the particular change only if it occurs
between:
(a) The date five years before |j||jii||||pi|
on the particular change commences and
(b) The date that the increase from the
particular change occurs.
(iii) An increase or decrease in actual
emissions is creditable only if the Administrator has
not relied on it in issuing a R|nn|i for the source
under this Ruling which permit is in effect when
the increase in actual emissions from the particular
change occurs.
(iv) An increase in actual emission is
creditable only to the extent that the new level of
actual emissions exceeds the old level.
(v) A decrease in actual emissions is
creditable only to the extent that:
(a) The old level of actual emissions or the
old level of allowable emissions, whichever is
lower, exceeds the new level of actual emissions;
(b) It is federally enforceable at and after
the time that actual construction on the particular
change begins; and
(c) The reviewing authority has not relied
on it in issuing any permit under regulations
approved pursuant to 40 CFR 51.18; and
(d) It has approximately the same
qualitative significance for public health and welfare
as that attributed to the increase from the particular
change.
(vi) 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 that requires
shakedown becomes operational only after a
reasonable shakedown period, not to exceed 180
days.
NSR
[Part 51.165] (A) Net emissions
increase means the amount by
which the sum of the following
exceeds zero:
(1) Any increase in actual emissions from a
particular physical change or change in the method
of operation at a stationary source; and
(2) Any other increases and decreases in
actual emissions at the source that are
contemporaneous with the particular change and are
otherwise creditable.
(B) An increase or decrease in actual
emissions is contemporaneous with the increase
from the particular change only if it occurs before
the date that the increase from the particular change
occurs;
(C) An increase or decrease in actual
emissions is creditable only if:
(1) It occurs within a reasonable period to
be specified by the reviewing authority; and
(2) The reviewing authority has not relied
on it in issuing a permit for the source under
regulations approved pursuant to this section which
permit is in effect when the increase in actual
emissions from the particular change occurs.
(D) An increase in actual emissions is
creditable only to the extent that the new level of
actual emissions exceeds the old level.
(E) A decrease in actual emissions is
creditable only to the extent that:
(1) The old level of actual emissions or the
old level of allowable emissions, whichever is
lower, exceeds the new level of actual emissions;
(2) It is federally enforceable at and after
the time that actual construction on the particular
change begins; and
(3) The reviewing authority has not relied
on it in issuing any permit under regulations
approved pursuant to 40 CFR part 51 subpart I or
the state has not relied on it in demonstrating
attainment or reasonable further progress;
(4) It has approximately the same
qualitative significance for public health and welfare
as that attributed to the increase from the particular
change.
(F) An increase that results from a physical
change at a source occurs when the i||ij|||^||::|f|tt
on which construction occurred becomes operational
and begins to emit a particular pollutant. Any
replacement unit that requires shakedown becomes
operational only after a reasonable shakedown
period, not to exceed 180 days.
PSD
[Part 52.21] (i) Net emissions
increase means the amount by
which the sum of the following
exceeds zero:
(a) Any increase in actual emissions from a
particular physical change or change in the method
of operation at a stationary source; and
(b) Any other increases and decreases in
actual emissions at the source that are
contemporaneous with the particular change and are
otherwise creditable.
(ii) An increase or decrease in actual
emissions is contemporaneous with the increase
from the particular change only if it occurs
between:
(a) The date five years before CottStraClion
on the particular change commences and
(b) The date that the increase from the
particular change occurs.
(iii) An increase or decrease in actual
emissions is creditable only if the Administrator has
not relied on it in issuing a $traiij for the source
32
(Version 01: April 1995)
-------
under this section, which permit is in effect when
the increase in actual emissions from the particular
change occurs.
(iv) An increase or decrease in actual
emissions of sulfur dioxide, parties tate matter, or
nitrogen oxides which occurs before the applicable
minor source baseline date is creditable only if it is
required to be considered in calculating the amount
of maximum allowable increases remaining
available.
(v) An increase in actual emissions is
creditable only to the extent that the new level of
actual emissions exceed the old level.
(vi) A decrease in actual emissions is
creditable only to the extent that:
(a) The old level of actual emissions or the
old level of allowable emissions, whichever is
lower, exceeds the new level of actual emissions;
(b) It is federally enforceable at and after
the time that actual construction on the particular
change begins; and
(c) It has approximately the same
qualitative significance for public health and welfare
as that attributed to the increase from the particular
change.
(vii) [Reserved]
(viii) 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 that requires
shakedown becomes operational only after a
reasonable shakedown period, not to exceed 180
days.
PSD
[Part 51.166] (i) Net emissions
increase means the amount by
which the sum of the following
exceeds zero:
(a) Any increase in actual emissions from a
particular physical change or change in the method
of operation at a stationary source; and
(b) Any other increases and decreases in
actual emissions at the source that are
contemporaneous with the particular change and are
otherwise creditable.
(ii) An increase or decrease in actual
emissions is contemporaneous with the increase
from the particular change only if it occurs within a
reasonable period (to be specified by the state)
before the date that the increase from the particular
change occurs.
(iii) An increase or decrease in actual
emissions is creditable only if the reviewing
authority has not relied on it in issuing a |||||i for
the source under regulations approved pursuant to
this section, which permit is in effect when the
increase in actual emissions from the particular
change occurs.
(iv) An increase or decrease in actual
emissions of sulfur dioxide, particuiate matter, or
nitrogen oxides which occurs before the applicable
minor source baseline date is creditable only if it is
required to be considered in calculating the amount
of maximum allowable increases remaining
available.
(v) An increase in actual emissions is
creditable only to the extent that the new level of
actual emissions exceeds the old level.
(vi) A decrease in actual emissions is
creditable only to the extent that:
(a) The old level of actual emissions or the
old level of allowable emissions, whichever is
lower, exceeds the new level of actual emissions;
(b) It is federally enforceable at and after
the time that actual construction on the particular
change begins; and
(c) It has approximately the same
qualitative significance for public health and welfare
as that attributed to the increase from the particular
change.
(vii) 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 that requires
shakedown becomes operational only after a
reasonable shakedown period, not to exceed 180
days.
New Major Source
H2j
[Part 63.51] New major source
means a major source for which
construction or reconstruction is
commenced after the section 112(i)
deadline, or after proposal of a relevant standard
under section 112(d) or section 112(h) of the Clean
Air Act (as amended in 1990), whichever comes
first.
(Version 01: April 1995)
33
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New Source
NESHAP
[Part 63.2] New source means any
affected source the instruction or
reconstruction of which is
commenced after the Administrator
first proposes a relevant emission standard under
this part.
NESHAP
[Part 61.02] New source means
any stationary source, the
construction or modification of
which is commenced after the
publication in the Federal Register of proposed
national emission standards for hazardous air
pollutants which will be applicable to such source.
Nonattainment Area
[Section 107] A nonattainment
area K anyarea tnat ^oes not meet
(or that contributes to ambient air
quality in a nearby area that does
not meet) the national primary or secondary
ambient air quality ||p|^|d for the pollutant.
Nontraditional Source
SIP
[PM-10 Supplement] The phrase
nontraditional source was coined
as a catch-all to refer to those
sources not traditionally considered
in air pollution control strategies, including
construction and demolition, tailpipe emissions, tire
wear, and various sources of ||||||||||||t. Since
then, the use of the term has expanded to include
such sources as prescribed agricultural and
silvicultural burning, open burning, and residential
wood combustion.
Offsets
SIP
[Guidance Doc. 1] Offsets means
surplus emissions reductions
secured from existing sources) by
a prospective major new stationary
source, or a source planning major modifications, in
order for the new or modified siwce to obtain a
nonattainment area preconstruction permit. Offsets
are generally secured from other sources in the
vicinity of the new source or modification, but can
also be obtained, with limitations, from the source
itself in the case of a modification.
H2g
[63.43] (This definition was
constructed from a portion of
§ 63.43 and does not appear in
the regulation exactly as it
appears here.) (e) Offsets means that a physical
change or change in the method of operation shall
not be considered a modification if the permitting
authority approves a showing by the owner or
operator that the increase in the emissions of any
hazardous air pollutant emitted in greater than ||
minimis quantities from such physical change or
change in the method of operation will be offset by
an equal or greater decrease in the emissions of
another hazardous air pollutant (or pollutants) from
such source which is deemed more hazardous.
Operations That the Major
Source is Designed to
Accommodate
112g
[Part 63.41] Operations that the
major source is designed to
accommodate means operations
that are addressed by and
consistent with:
(1) a State |i||l$ (including, but not
limited to, permits issued pursuant to State and
local regulations approved by the Administrator
pursuant to 40 CFR part 51) issued prior to the
effective date of a permit issued to the title V
permit program; or
(2) a Federal permit issued pursuant to 40
CFR part 52, issued prior to the effective date of a
permit issued pursuant to the title V permit
program; or
(3) a title V operating permit,
incorporating the terms of a State or Federal permit,
where such permit was issued prior to the effective
date of a permit issued pursuant to title V permit
program.
Part 70 Source
[Part 70.2] Part 70 source means
y | any source subject to the permitting
requirements of this part, as
provided in § 70.3(a) and 70.3(b)
of this part. Part 70.3(a) and 70.3(b) specify the
following sources:
(1) Any 111111111111;
(2) Any source, including an area source,
subject to a standard, limitation, or other
requirement under section 111 of the Act;
(3) Any source, including an area source,
subject to a standard or other requirement under
34
(Version 01: April 1995)
-------
section 112 of the Act, except that a source is not
required to obtain a permit solely because it is
subject to regulations or requirements under
section 112(r) of this act;
(4) Any affected source; and
(5) Any source in a source category
designated by the Administrator pursuant to this
section.
Source category exemptions. (1) All
sources listed in paragraph (a) of this section that
are not major sources, affected sources, or solid
waste incineration units required to obtain a permit
pursuant to section 129(e) of the Act, may be
exempted by the State from the obligation to obtain
a part 70 permit until such time as the
Administrator completes a rulemaking to determine
how the program should be structured for nonmajor
sources and the appropriateness of any permanent
exemptions in addition to those provided for in
paragraph (b)(4) of this section.
(2) In the case of nonmajor sources
subject to a standard or other requirement under
either section 111 or section 112 of the Act after
July 21, 1992 publication, the Administrator will
determine whether to exempt any or all such
applicable sources from the requirement to obtain a
part 70 permit at the time that the new standard is
promulgated.
(3) Any source listed in paragraph (a) of
this section exempt from the requirement to obtain
a permit under this section may opt to apply for a
permit under a part 70 program.
(4) Unless otherwise required by the State
to obtain a part 70 permit, the following source
categories are exempted from the obligation to
obtain a part 70 permit:
(i) All sources and source categories that
would be required to obtain a permit solely because
they are subject to part 60, subpart AAA--Standards
of Performance for New Residential Wood Heaters;
and
(ii) All sources and source categories that
would be required to obtain a permit solely because
they are subject to part 61, subpart M—National
Emission Standard for Hazardous Air Pollutants for
Asbestos, § 61.145, Standard for Demolition and
Renovation.
Particulate Matter
NSPS
[Part 60.2] Paniculate Matter
means any finely divided solid or
liquid material, other than
uncombined water, as measured by
the reference methods specified under each
applicable subpart, or an equivalent or afteraafive
[Part 51.100] Particulate matter
means any airborne finely divided
solid or liquid material with an
aerodynamic diameter smaller than
100 micrometers.
Particulate Matter Emissions
SIP
[Part 51.100] Particulate matter
emissions means all finely divided
solid or liquid material, other than
uncombined water emitted to the
ambient air as measured by applicable reference
HH|i|||, or an equivalent or alternative method,
specified in this chapter, or by a test mettiod
specified in an approved State implementation plan.
Periodic Monitoring
(This definition does not appear in
Title V as it appears here; this
definition is a summarization
based on the information available
in Title V). Periodic monitoring means regular,
continuous, measurements to determine compliance
with applicable Clean Air Act (CAA) requirements.
The Title V operating permit regulation at 40 CFR
70.6(a)(3) requires that all permitted ||||£||if||||s
and activities be in compliance with ail applicable
CAA requirements. For many emission units,
however, frequent measurements are unnecessary to
determine compliance, and monitoring may be
periodic. Periodic monitoring must be sufficient to
yield reliable data from the relevant time period that
can be used to show the source's compliance with
applicable CAA requirements. It must use the
conditions, test methods, units, averaging periods,
and other statistical conventions consistent with the
applicable CAA requirement. It applies to any
emission unit or activity in the title V permit for
which there is an applicable CAA requirement and
for which continuous monitoring is not specified.
Permit
[Part 70.2] Part 70 permit or
permit (unless the context suggests
otherwise) means any permit or
group of permits covering a part 70
iourcc that is issued, renewed, amended, or revised
pursuant to this part.
EMP
[Part 64.2] Permit means any
applicable permit issued, renewed,
amended, revised, or modified
(Version 01: April 1995)
35
-------
under part C and D of title I of the Act, or title V
of the Act.
Permit Modification
v
[Part 70.2] Permit modification
means a revision to a part 70
|||llij that meets the requirements
of'§'"70.7(6) of this part.
NESHAP
[Part 63.2] Permit modification
means a change to a title V permit
as defined in regulations codified
in this chapter to implement title V
of the Act (42 U.S.C. 7661).
Permit Program
[Part 63.2] Permit program means
NESHAP I a comPrenensive State operating
jiernvit system established pursuant
to title V of the Act (42 U.S.C.
7661) and regulations codified in part 70 of this
chapter and applicable State regulations, or a
comprehensive Federal operating permit system
established pursuant to title V of the Act and
regulations codified in this chapter.
Permit Revision
NESHAP
[Part 63.2] Permit revision means
any permit modification or
administrative permit amendment
to a title V permit as defined in
regulations codified in this chapter to implement
title V of the Act (42 U.S.C. 7651).
[Part 70.2] Permit revision means
any permit modification or
administrative permit amendment.
ACID
[Part 72.2] Permit revision means
a permit modification, fast track
modification, administrative permit
amendment, or automatic permit
amendment, as provided in subpart H of this part.
PM10
SIP
[Part 51.100] (qq) PMj0 means
paniculate matter with an
aerodynamic diameter less than or
equal to a nominal 10 micrometers
as measured by a |i|||||||:i||^|||| based on
appendix J of part 50 of this chapter and designated
in accordance with part 53 of this chapter or by an
equivalent method designated in accordance with
part 53 of this chapter.
SIP
[PMjo Supplement] PMjQ means
particles with an aerodynamic
diameter less than or equal to a
nominal 10 micrometers.
Emissions
SIP
[Part 51.100] PMj0 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 an applicable reference method, or
an equivalent of alternative method, specified in this
chapter or by a test method specified in an
approved State implementation plan.
Point Source
SIP
[Part 51.100] Point source means
the following:
(1) For paniculate
matter, sulfur oxides, carbon
monoxide, volatile organic tompounds
-------
Pollution Control Project
PSD
[Part 52.21] Pollution control
project means any activity or
project undertaken at an existing
electric utility steam generating
finif for purposes of reducing emissions from such
unit. Such activities or projects are limited to:
(i) The installation of conventional or
innovative pollution control technology, including,
but not limited to advanced flue gas desulfurization,
sorbent injection for sulfur dioxide and nitrogen
oxides controls and electrostatic precipitators;
(ii) An activity or project to accommodate
switching to a fuel which is less polluting than the
fuel in use prior to the activity or project, including,
but not limited to natural gas or coal re-burning, or
the co-firing of natural gas and other fuels for the
purpose of controlling emissions;
(iii) A permanent clean coal technology
demonstration project conducted under title II,
section 101 (d) of the Further Continuing
Appropriations Act of 1985 (sec. 5903(d) of title 42
of the United States Code), or subsequent
appropriations, 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; or
(iv) A permanent clean coal technology
demonstration project that constitutes a repowering
project.
PSD
[Part 51.166] Pollution control
project means any activity or
project undertaken at an existing
eiecttic utility steam generating
tmit for purposes of reducing emissions from such
unit. Such activities or projects are limited to:
(i) The installation of conventional or
innovative pollution control technology, including,
but not limited to advanced flue gas desulfurization,
sorbent injection for sulfur dioxide and nitrogen
oxides controls and electrostatic precipitators;
(ii) An activity or project to accommodate
switching to a fuel which is less polluting than the
fuel used prior to the activity or project, including,
but not limited to natural gas or coal re-burning, or
the cofiring of natural gas and other fuels for the
purpose of controlling emissions;
(iii) A permanent clean coal technology
demonstration project conducted under title II,
section 101(d) of the Further Continuing
Appropriations Act of 1985 (sec. 5903(d) of title 42
of the United States Code), or subsequent
appropriations, 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; or
(iv) A permanent clean coal technology
demonstration project that constitutes a repowering
project.
NSR
[Part 52.24] Pollution control
project means any activity or
project undertaken at an existing
electric utility steam generating
unij| for purposes of reducing emissions from such
unit. Such activities or projects are limited to:
(i) The installation of conventional or
innovative pollution ||||i|l|||bj||||ii|, including
but not limited to advanced flue gas desulfurization,
sorbent injection for sulfur dioxide and nitrogen
oxides controls and electrostatic precipitators;
(ii) An activity or project to accommodate
switching to a fuel which is less polluting than the
fuel in use prior to the activity or project including,
but not limited to natural gas or coal re-burning,
cofiring of natural gas and other fuels for the
purpose of controlling emissions;
(iii) A permanent clean coal technology
demonstration project conducted under title II,
section 101(d) of the Further Continuing
Appropriations Act of 1985 (sec. 5903(d) of title 42
of the United States Code), or subsequent
appropriations, 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; or
(iv) A permanent clean coal technology
demonstration project that constitutes a repowering
project.
NSR
[Part 51.165] Pollution control
project means any activity or
project undertaken at an existing
for purposes of reducing emissions from such
unit. Such activities or projects are limited to:
(A) The installation of conventional or
innovative pollution control technology, including,
but not limited to advanced flue gas desulfurization,
sorbent injection for sulfur dioxide and nitrogen
oxides controls and electrostatic precipitators;
(B) An activity or project to accommodate
switching to a fuel which is less polluting than the
fuel used prior to the activity or project, including,
but not limited to natural gas or coal re-buming, co-
firing of natural gas and other fuels for the purpose
of controlling emissions;
(C) A permanent clean coal technology
demonstration project conducted under title II,
(Version 01: April 1995)
37
-------
sec 101(d) of the Further Continuing appropriations
Act of 1985 (sec. 5903(d) of title 42 of the United
States Code), or subsequent Appropriations, 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; or
(D) A permanent clean coal technology
demonstration project that constitutes a repowering
project.
Potential to Emit
NSR
PSD
VIS
[Parts 51.165 and 51, Appendix S]
[Parts 51.166 and 52.21 ] [Part 51.301] Potential to
emit means the maximum capacity of a ||afi||f||||
source to emit a 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 only
if the limitation or the effect it would have on
emissions is federally enforceable. Secondary
Ifliiissions do not count in determining the potential
to emit of a stationary source.
NSR
[Part 52.24] Potential to emit
means the maximum capacity of a
stationary scarce to emit a
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 amount
of material combusted, stored, or processed, shall be
treated as part of its design only if the limitation or
the effect it would have on emissions is |||j||||||
enforceable. Secondary emissions do not count in
determining the potential to emit of a stationary
source.
[Part 63.2] Potential to emit
NESHAPI means tne maximum capacity of a
iiiliiiiiiiiiiiito emit a
pollutant under its physical and
operational design. Any physical or operational
limitation on the capacity of the stationary 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 federally enforceable.
V
[Part 70.2] Potential to emit means
the maximum capacity of a
||||||||||!i|||ic| to emit any air
pollutant under its physical and
operational design. Any physical or operational
limitation on the capacity of a source to emit an air
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 is enforceable by the Administrator.
This term does not alter or affect the use of this
term for any other purposes under the Act, or the
term "capacity factor" as used in title IV of the Act
or the regulations promulgated thereunder.
BMP
[Part 64.2] Potential to emit
means the maximum capacity of a
stationary source or an ejpi^|gb|
unit to emit any air pollutant under
its physical and operational design. Any physical or
operational limitation on the capacity of an
emissions unit to emit an air 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 is
enforceable by the Administrator. This term does
not alter or affect the use of this term for any other
purposes under the Act, or the term "capacity
factor" as used in title IV of the Act or the
regulations promulgated thereunder.
SIP
[Document 1 ] Potential to Emit
means the maximum capacity of a
source to emit a pollutant under its
physical or operational design,
except as constrained by federally-enforceable
conditions which may include the effect of installed
air pollution control equipment, restrictions on the
hours of operation, and the type or amount of
material combusted, stored, or processed. Potential
to emit is used for major source determinations
under NSR [40 CFR 51.165(b)].
Reasonably Available
Control Technology (RACT)
SIP
[Part 51.100] Reasonably
available control technology
(RACT) means devices, systems,
process modifications, or other
apparatus or techniques that are reasonably available
38
(Version 01: April 1995)
-------
taking into account (1) the necessity of imposing
such controls in order to attain and maintain a
national ambient air quality ||||||r
-------
EMP
[Part 64.2] Regulated air
pollutant shall have the same
meaning as provided under part 70
of this chapter.
Regulated Pollutant (for
Presumptive Fee Calculation)
[Part 70.2] Regulated pollutant
(for presumptive fee calculation),
which is used only for purposes of
§ 70.9(b)(2), means any |1||||||
air pollutant* except the following:
(1) Carbon monoxide
(2) Any pollutant that is a regulated air
pollutant solely because it is a Class I or II
substance subject to a H|0|i||| promulgated under
or established by title VI [Stratospheric Ozone
Protection] of the Act; or
(3) Any pollutant that is a regulated air
pollutant solely because it is subject to a ^|i|||| or
regulation under section 112(r) of the Act.
Regulated Substance
112r
68.130.
[Part 68, Part III] Regulated
substance is any substance listed
pursuant to section 112(r)(3) of the
Clean Air Act as amended, in §
Relevant Standard
NESHAP
standard;
[Part 63.2] Relevant standard
means
(1) An emission standard;
(2) An alternative emission
(3) An alternative eroisskm limitation; or
(4) An equivalent emission limitation
established pursuant to section 112 of the act that
applies to the stationary source, the group of
stationary sources, or the portion of a stationary
source regulated by such standard or limitation.
A relevant standard may include or consist
of a design, equipment, work practice, or
operational requirement, or other measure, process,
method, system, or technique (including prohibition
of emissions) that the Administrator (or a State)
establishes for new or |||^||:i||||||| to which
such standard or limitation applies. Every relevant
standard established pursuant to section 112 of the
Act includes subpart A of this part and all
applicable appendices of this part or of other parts
of this chapter that are referenced in that standard.
Representative Actual
Annual Emissions
NSR
PSD
[Part 52.24] [Parts
51.166 and 52.21]
Representative
actual annual
emissions means the average rate, in tons per year,
at which the source is projected to emit a pollutant
for the two-year period after a physical change or
change in the method of operation of a unit, (or a
different consecutive two-year period within 10
years after that change, where the Administrator
determines that such period is more representative
of normal source operations), considering the effect
any such charge will have on increasing or
decreasing the hourly emissions rate and on
projected capacity utilization. In projecting future
emissions the Administrator shall:
(1) Consider all relevant information,
including but not limited to, historical operational
data, the company's own representations, filings
with the State or Federal regulatory authorities, and
||||||||||i|}||| under title IV of the Clean Air
Act; and
(ii) Exclude, in calculating any increase in
emissions that results from the particular physical
change or change in the method of operation at an
electric utility steam, generating unit, that portion of
the unit's emissions following the change that could
have been accommodated during the representative
baseline period and is attributable to an increase in
projected capacity utilization at the unit that is
unrelated to the particular change, including any
increased utilization due to the rate of electricity
demand growth for the utility system as a whole.
NSR
[Part 51.165] Representative
actual annual emissions means the
average rate, in tons per year, at
which the source is projected to
emit a pollutant for the two-year period after a
physical change or change in the method of
operation of a unit (or a different consecutive two-
year period within 10 years after that change, where
the reviewing authority determines that such period
is more representative of source operations),
considering the effect any such change will have on
increasing or decreasing the hourly emissions rate
and on projected capacity utilization. In projecting
future emissions the reviewing authority shall:
(A) Consider all relevant information,
including but not limited to, historical operational
data, the company's own representations, filings
with the State or Federal regulatory authorities, and
40
(Version 01: April 1995)
-------
Compliance plans under title IV of the Clean Air
Act; and
(B) Exclude, in calculating any increase in
emissions that results from the particular physical
change or change in the method of operation at an
electric utility steam generating «mt, that portion of
the unit's emissions following the change that could
have been accommodated during the representative
baseline period and is attributable to an increase in
projected capacity utilization at the unit that is
unrelated to the particular change, including any
increased utilization due to the rate of electricity
demand growth for the utility system as a whole.
Responsible Official
H2g
[Section 63.41] Responsible
official means the responsible
official as defined in part 70 of this
chapter.
NESHAP
[Part 63.2] Responsible official
means one of the following:
(1) For a corporation: A
president, secretary, treasurer, or
vice president of the corporation in charge of a
principal business function, or any other person who
performs similar policy or decision-making
functions for the corporation or a duly authorized
representative of such person if the representative is
responsible for the overall operation of one or more
manufacturing, production, or operating facilities
and either:
(i) The facilities employ more than 250
persons or have gross annual sales or expenditures
exceeding $25 million (in second quarter 1980
dollars); or
(ii) The delegation of authority to such
representative is approved in advance by the
Administrator.
(2) For a partnership or sole
proprietorship: a general partner or the proprietor,
respectively.
(3) For a municipality, State, Federal, or
other public agency: either a principal executive
officer or ranking elected official. For the purposes
of this part, a principal executive officer of a
Federal agency includes the chief executive officer
having responsibility for the overall operations of a
principal geographic unit of the agency (e.g., a
Regional Administrator of the EPA).
(4) For affected sources (as defined in this
part) applying for or subject to a title V j$||nff:
"responsible official" shall have the same meaning
as defined in part 70 or Federal title V regulations
in this chapter (42 U.S.C. 7661), whichever is
applicable.
EMP
[Part 64.2] Responsible official
shall have the same meaning as
provided under part 70 of this
chapter.
[Part 70.2] Responsible official
means one of the following:
(1) For a corporation: a
president, secretary, treasurer, or vice-president of
the corporation in charge of a principal business
function, or any other person who performs similar
policy or decision-making functions for the
corporation, or a duly authorized representative of
such person if the representative is responsible for
the overall operation of one or more manufacturing,
production, or operating facilities applying for or
subject to a permit and either:
(i) The facilities employ more than 250
persons or have gross annual sales or expenditures
exceeding $25 million (in second quarter 1980
dollars); or
(ii) The delegation of authority to such
representatives is approved in advance by the
permitting authority;
(2) For a partnership or sole
proprietorship: a general partner or the proprietor,
respectively;
(3) For a municipality, State, Federal, or
other public agency: Either a principal executive
officer or ranking elected official. For the purpose
of this part, a principal executive officer of a
Federal agency includes the chief executive officer
having responsibility for the overall operations of a
principal geographic unit of the agency (e.g., a
Regional Administrator of EPA); or
(4) For affected sources:
(i) The designated representative in so far
as actions, standards, requirements, or prohibitions
under title IV of the Act or the regulations
promulgated thereunder are concerned; and
(ii) The designated representative for any
other purposes under part 70.
Secondary Emissions
PSD
[Part 52.21] Secondary emissions
means emissions which would
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 f||t|iff 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
(Version 01: April 1995)
41
-------
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.
(i) Emissions from ships or trains coming
to or from the new or modified stationary source;
and
(ii) Emissions from any offsite support
facility which would not otherwise be constructed
or increase its emissions as a result of the
construction or operation of the major stationary
source or major modification.
PSD
[Part 51.166] 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. For the purpose of this section, secondary
emissions must be specific, well defined,
quantifiable, and impact the same general area as
the |^i||||i|ii^|||e or ||||(ii|5|||||| which causes
the secondary emissions. Secondary emissions
include emissions from any offsite support facility
which would otherwise 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.
NSR
[Part 52.24] Secondary emissions
means emissions which would
occur as a result of the construction
or operation of a major stationary
or ||^||:;||||||||||||, but do not come from
the major stationary source or major modification
itself. For the purpose of this section, secondary
emissions must be specific, well defined,
quantifiable, 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 JSiiltty
which would otherwise 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.
NSR
[Part 51, Appendix S] Secondary
emissions means emissions which
would occur as a result of the
construction or operation of a
major stationary source major modification, but do
not come from the major stationary source or major
modification itself. For the purpose of this Ruling,
secondary emissions must be specific, well defined,
quantifiable, and impact the same general area as
the stationary source or |||||||i|||!9|! which causes
the secondary emissions. 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.
NSR
[Part 51.165] Secondary emissions
means emissions which would
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. For the purpose of this section, secondary
emissions must be specific, well defined,
quantifiable, 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 ||||:i||
which would otherwise 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.
VIS
[Part 51.301] Secondary emissions
means emissions which occur as a
result of the construction or
operation of an existing stationary
but do not come from the existing stationary
facility. Secondary emissions may include, but are
not limited to, emissions from ships or trains
coming to or from the existing stationary facility.
NSPS
[Subpart Na] Secondary emissions
are defined to mean |||p|||fl|
||att|i emissions that are not
captured by the BOPF primary
control system, including emissions from hot metal
transfer and skimming stations. This definition also
includes paniculate matter emissions that escape
42
(Version 01: April 1995)
-------
from openings in the primary emission control
system, such as from lance hole openings, gaps or
tears in the ductwork of the primary emission
control system, or leaks in hoods.
Secondary Standard
Startup
SIP
109 of the Act.
[Part 51.100] Secondary standard
means a national secondary
ambient air quality |t|||3|i|il
promulgated pursuant to section
Shutdown
NESHAP
[Part 63.2] Shutdown means the
cessation of operation of an
|||||||||||||| for any purpose.
[Part 60.2] Shutdown means the
cessation of operation of an
||||i||i|i;|||i||| for any purpose.
Source Reduction Project
NSPS
H2g
[Part 63.41] Source reduction
project means a process change,
change in a raw materials, or other
change in a continuing process or
operation consistent with Pollution Prevention Act,
Pub. L. 101-503. Source reduction results when a
is produced prior to out-of-process recycling,
treatment, or control of emissions for a given
quantity of product. Source reduction does not
include emissions reduction from add-on air
pollution control devices, including but not limited
to, fabric filters, electrostatic precipitators, absorbers
(scrubbers), carbon adsorption units, and
incinerators or other combustion devices.
Standard
NESHAP
[Part 61.02] Standard means a
national emission standard
including a design, equipment,
~^^^^^ work practice or operational
standard for a hazardous air pollutant proposed or
promulgated under this part.
NSPS
[Part 60.2] Standard means a
standard of performance proposed
or promulgated under this pan.
[Part 61.02] Startup means the
setting in operation of a |||p|i|ar|
source for any purpose.
[Part 63.2] Startup means the
setting in operation of an a|£|||i|d
for any purpose.
[Part 60.2] Startup means the
setting in operation of an
facility for any purpose.
[Part 52.01] The term startup
means the setting in operation of a
source for any purpose.
[Part 63.2] State means all non-
NESHAPI Federal Authorities, including local
agencies, interstate associations,
and State-wide programs, that have
delegated authority to implement: (1) the
provisions of this part and/or (2) the permit
program established under part 70 of this chapter.
The term State shall have its conventional meaning
where clear from the context.
[Part 72.2] State means one of the
48 contiguous States and the
District of Columbia and includes
any non-Federal authorities,
including local agencies, interstate associations, and
State-wide agencies with approved State operating
permit programs. The term "State" shall have its
conventional meaning where such meaning is clear
from the context.
[Part 70.2] State means any non-
Federal permitting authority,
including any local agency,
interstate association, or state-wide
program. The term "State" also includes the
District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samos,
and the Commonwelath of the Northern Mariana
Islands. Where such meaning is clear from the
context, "State" shall have its conventional meaning.
For purposes of the acid rain program, the term
"State" shall be limited to authorities within the 48
contiguous States and the District of Columbia as
provided in section 402(14) of the Act.
(Version 01: April 1995)
43
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Stationary Source
112r
[Parts 9 & 68, Part III] Stationary
source means any buildings,
structures, equipment, installations,
or substance emitting stationary
activities which belong to the same industrial group,
which are located on one or more contiguous
properties, which are under the
control of the same person (or persons under
common control), and from which an accidental
release may occur. A stationary source includes
transportation containers that are no longer under
active shipping papers and transportation containers
that are connected to equipment at the stationary
source for the purposes of temporary storage,
loading, or unloading. The term stationary source
does not apply to transportation, including the
storage incident to transportation, of any |ep|i|||
PIUHHI or any other extremely hazardous
substance under the provisions of this part, provided
that such transportation is regulated under 49 CFR
parts 192, 103, or 195. Properties shall not be
considered contiguous solely because of a railroad
or gas pipeline right-of-way.
[Part 61.02] Stationary source
NESHAP I means any balding, structure,
facility, or installation which emits
or may emit any air pollutant
which has been designated as hazardous by the
Administrator.
[Part 63.2]
[Part 51.301]
Stationary source
means any
j, structure, facility, or iastaltation which
emits or may emit any air pollutant.
PSD
NSR
[Parts 52.21 and
51.166] [Parts
52.24, 51.165, and
Part 51,
Appendix S] Stationary source means any
building, stroctttfe* facility* Or installation which
emits or may emit any air pollutant subject to
regulation under the Act.
[Part 70.2] Stationary source
means any building, structure,
facility, or iststaUation which emits
or may emit any air pollutant or
any pollutant listed under section 112(b) of the Act.
SIP
[Part 52.01] The term stationary
source means any building,
structure, facility, or installation
which emits or may emit an air
pollutant for which a national ||||p||| is in effect.
Test Method
NESHAP
[Part 63.2] Test method means the
validated procedure for sampling,
preparing, and analyzing for an air
pollutant specified in a |||||||it
standard as the performance test procedure. The
test method may include methods described in an
appendix of this chapter, test methods incorporated
by reference in this part, or methods validated for
an application through procedures in Method 301 of
Appendix A of this part.
Threshold Quantity
112r
[Part 68.3] Threshold quantity
means the quantity specified for
regulated substances pursuant to
section 112(r)(5) of the Clean Air
Act as amended, listed in § 68.130 and determined
to be present at a stationary source as specified in
§ 68.115 of this Part.
Total Actual Emissions
SIP
[Document 1] Total Actual
Emissions means the total
emissions from a source over a
year or other averaging period that
is based on an ||ip||||ii|s|«;B|p| actual operating
hours, production rates, control equipment, and
types of material processed, stored, or combusted.
The averaging period used depends on the program.
For example, NSR netting baselines are based on 2
years of emissions and operating jfflflll fees are
based on 1 year of emissions. For the purposes of
the 1990 base year inventory for ozone, actual
VOC, NOX, and CO emissions are based on a
typical weekday of the peak ozone season.
Total Suspended Particulate
SIP
[Part 51.100] Total suspended
paniculate means ||ff|||if
matter as measured by the method
described in appendix B of part 50
of this chapter.
Unclassifiable Area
44
(Version 01: April 1995)
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CAA
[Section 107] An unclassifiable
area is any area that cannot be
classified on the basis of available
information as meeting or not
meeting the national primary or secondary ambient
air quality ||||tdarcj for a given pollutant.
Variance
SIP
[Part 51.100] Variance means the
temporary deferral of a final
compliance date for an individual
source subject to an approved
regulation, or a temporary change to an approved
regulation as it applies to an individual source.
Volatile Organic Compounds
(VOCs)
NSPS
[Part 60.2] Volatile Organic
Compound means any organic
compound which participates in
atmospheric photochemical
reactions; or which is measured by a reference
method, an equivalent method, an alternative
method, or which is determined by procedures
specified under any subpart.
SIP
[Documents 1, 2, and 4] Volatile
Organic Compound means any
compound of carbon, excluding
CO, carbon dioxide, carbonic acid,
metallic carbides or carbonates, and ammonium
carbonate, which participates in atmospheric
photochemical reactions. This includes any organic
compound other than those EPA has determined to
have negligible photochemical reactivity (57 FR
3945, February 3, 1992).
PSD
NSR
SIP
[Parts 52.21 and 51.166] [Parts 52.24, 51.165, and
51, Appendix S] [Part 51.100] Volatile Organic
Compound (VOC) means any compound of
carbon, excluding carbon monoxide, carbon dioxide,
carbonic acid, metallic carbides or carbonates, and
ammonium carbonate, which participates in
atmospheric photochemical reactions.
(1) This includes any such organic
compound other than the following, which have
been determined to have negligible photochemical
reactivity: Methane; ethane; methylene chloride
(dichloromethane); 1,1,1 -trichloroethane (methyl
chloroform); 1,1,1 -trichloro-2,2,2-trifluoroethane
(CFC-113); trichlorofluoromethane (CFC-11);
dichlorodifluoromethane (CFC-12);
chlorodifluoromethane (CFC-22); trifluoromethane
(FC-23); 1,2-dichloro 1,1,2,2-tetrafluoroethane
(CFC-114); chloropentafluoroethane (CFC-115);
1,1,1-trifluoro 2,2-dichloroethane (HCFC-123);
1,1,1,2-tetrafluoroethane (HFC-134a); 1,1 -dichloro
1-fluoroethane (HCFC-141b); 1-chloro
1,1-difluoroethane (HCFC-142b);
2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);
pentafluoroethane (HCFC-125);
1,1,2,2-tetrafluoroethane (HFC-134);
1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane
(HFC-152a); and perfluorocarbon compounds which
fall into these classes;
(i) Cyclic, branched, or linear, completely
fluorinated alkanes;
(ii) Cyclic, branched, or linear, completely
fluorinated ethers with no unsaturations;
(iii) Cyclic, branched, or linear,
completely fluorinated tertiary amines with no
unsaturations; and
(iv) Sulfur containing perfluorocarbons
with no unsaturations and with sulfur bonds only to
carbon and fluorine.
(2) For purposes of determining
compliance with emissions limits, ||||| will be
measured by the test methods in the approved State
implementation plan (SIP) or 40 CFR part 60,
appendix A, as applicable. Where such a method
also measures compounds with negligible'
photochemical reactivity, these negligibility-reactive
compounds may be excluded as VOC if the amount
of such compounds is accurately quantified, and
such exclusions is approved by the enforcement
authority.
(3) As a precondition to excluding these
compounds as VOC or at any time thereafter, the
enforcement authority may require an owner or
operator to provide monitoring or testing methods
and results demonstrating, to the satisfaction of the
enforcement authority, the amount of
negligibly-reactive compounds in the source's
emissions.
(4) For purposes of Federal enforcement
for a specific source, the EPA shall use the test
methods specified in the applicable EPA-approved
SIP, in a peliniit issued pursuant to a program
?v>:w-:;x:::;:;: * « s?
approved or promulgated under title V of the Act,
or under 40 CFR Part 51, subpart I or Appendix S,
or under 40 CFR parts 52 or 60. The EPA shall
not be bound by any State determination as to
appropriate methods for testing or monitoring
negligibly-reactive compounds if such determination
is not reflected in any of the above provisions.
(Version 01: April 1995)
45
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TECHNICAL REPORT DATA
(Please read Instructions on reverse before completing)
1. REPORT NO.
EPA-456/B-95-002
3. RECIPIENT'S ACCESSION NO.
4. TITLE AND SUBTITLE
Glossary of Terms from Federal Air Programs
5. REPORT DATE
May 1995
6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
10. PROGRAM ELEMENT NO.
U.S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Information Transfer and Program Integration Division
Research Triangle Park, NC 27711
11. CONTRACT/GRANT NO.
12. SPONSORING AGENCY NAME AND ADDRESS
Director
Office of Air Quality Planning and Standards
Office of Air and Radiation
U.S. Environmental Protection Agency
Research Triangle Park, NC 27711
13. TYPE OF REPORT AND PERIOD COVERED
14. SPONSORING AGENCY CODE
EPA/200/04
15. SUPPLEMENTARY NOTES
EPA Work Assignment Manger: Larry Elmore (919) 541-5433
16. ABSTRACT
This glossary is one in a series of public education materials published to help the public, state and local
air pollution control agencies, and the regulated and enforcement communities understand how various
programs under the Clean Air Act interrelate. This glossary contains terms found in the implementing
regulations and policies of the various Federal air programs. Every term that is defined in a Federal
rule is not necessarily included in this glossary. Rather, the terms that are included are those that may
have caused confusion in the past or whose definitions vary from program to program. In some cases,
annotations have been made in an attempt to clarify differences and to clarify how a definition may vary
from program to program. This glossary includes definitions from proposed and promulgated rules,
policy memoranda, and other guidance documents; therefore, it should be reviewed as an evolving
document which will be revised to reflect changes (for example, when a proposing rule is promulgated).
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b. IDENTIFIERS/OPEN ENDED TERMS
c. COSAT1 Field/Group
Air Pollution control
Glossary
18. DISTRIBUTION STATEMENT
Release Unlimited
19. SECURITY CLASS (Report)
Unclassified
21. NO. OF PAGES
20. SECURITY CLASS (Page)
Unclassified
22. PRICE
EPA Form 2220-1 (Rev. 4-77) PREVIOUS EDITION IS OBSOLETE
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