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8 CAR § 41-106. Definitions
8 CAR § 41-106. Definitions.
(a) Terms and phrases used in this part that are not explicitly defined herein shall have the same meaning as those terms that are used in the Clean Air Act.
(b) For purposes of this part:
(1) “Actual emissions” means the quantity of federally regulated air pollutants emitted from a stationary source considering emissions control equipment and actual hours of source operation or amount of material processed;
(2) “Clean Air Act” means the federal Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.;
(3)(A) “CO2 equivalent emissions” means an amount of greenhouse gases emitted, and shall be computed by multiplying the mass amount of emissions in tons per year, for each of the six (6) greenhouse gases in the pollutant greenhouse gases, by the gas’s associated global warming potential published at Table A-1 to Subpart A of 40 C.F.R. pt. 98, “Global Warming Potentials”, and summing the resultant value for each to compute a tons-per-year of CO2 equivalent emissions.
(B) Table A-1 to Subpart A of 40 C.F.R. pt. 98 is incorporated by reference as of January 1, 2015;
(4) “Commission” means the Arkansas Pollution Control and Ecology Commission;
(5) “Construction” means fabrication, erection, or installation of equipment (see also 40 C.F.R. § 60.2, 40 C.F.R. § 51.165, and 40 C.F.R. § 52.21);
(6) “Control apparatus” means any device that prevents, controls, detects, or records the emission of any federally regulated air pollutants;
(7)(A) “Division” means the Division of Environmental Quality, or its successor.
(B) When reference is made in this part to actions taken by or with reference to the Division of Environmental Quality, the reference is to the staff of the Division of Environmental Quality acting at the direction of the Director of the Division of Environmental Quality;
(8) “Director” means the Director of the Division of Environmental Quality, or its successor, acting directly or through the staff of the Division of Environmental Quality;
(9) “Emission limitation” and “emission standard” mean a requirement established by the Division of Environmental Quality or the Administrator of the United States Environmental Protection Agency that limits the emissions of federally regulated air pollutants on a continuous basis, including any requirements that limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction;
(10) “Emission unit” means any article, machine, equipment, operation, or contrivance that emits or has the potential to emit any federally regulated air pollutant;
(11) “EPA” means the United States Environmental Protection Agency;
(12) “Equipment” means any device, except equipment used for any mode of vehicular transportation, capable of causing the emission of a federally regulated air pollutant into the open air, and any stack, conduit, flue, duct, vent, or similar device connected or attached to or serving the equipment;
(13) “Federally regulated air pollutant” means the following:
(A) Nitrogen oxides or any volatile organic compounds;
(B) Any pollutant for which a national ambient air quality standard has been promulgated;
(C) Except as provided in subdivision (b)(13)(E) of this section, any pollutant that is subject to any standard promulgated under the Clean Air Act, as of the effective date of this part;
(D) Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Clean Air Act, as of the effective date of this part; and
(E) Greenhouse gases, except that greenhouse gases shall not be a federally regulated air pollutant unless the greenhouse gas emissions are:
(i) From a stationary source emitting or having the potential to emit seventy-five thousand (75,000) tons per year or more of CO2 equivalent emissions; and
(ii) Regulated under Subpart 8 of this part;
(14)(A) “Fugitive emissions” means those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.
(B) Those emissions are those that, according to customary and good engineering practice, considering technological and economic feasibility, could not pass through a stack, chimney, vent, or other functionally equivalent opening, except that the Division of Environmental Quality will utilize the definition of fugitive emissions for those industries for which an approved United States Environmental Protection Agency definition exists under federal law or regulation and that are meeting that law or regulation;
(15) “Greenhouse gases” means the aggregate group of six (6) greenhouse gases:
(A) Carbon dioxide;
(B) Nitrous oxide;
(C) Methane;
(D) Hydrofluorocarbons;
(E) Perfluorocarbons; and
(F) Sulfur hexafluoride;
(16) “Hazardous air pollutant” means any air pollutant listed pursuant to § 112 of the Clean Air Act as of the effective date of this part;
(17) “Modification” means any physical change in, or change in the method of operation of, a stationary source that increases the emission rate of any federally regulated air pollutant over permitted rates or that results in the emission of a federally regulated air pollutant not previously emitted, except that:
(A) Routine maintenance, repair, and replacement shall not be considered a physical change; and
(B) The following shall not be considered a change in the method of operation:
(i) Any change in the production rate, if such change does not exceed the permitted operating capacity of the source;
(ii) Any change in the hours of operation, as long as it does not violate applicable air permit conditions; or
(iii) The use of an alternate fuel or raw material, as long as it does not violate applicable air permit conditions.
(C) De minimis changes, as defined in 8 CAR § 41-307(c), and changes in ownership shall not be considered;
(18) “National ambient air quality standards” means those ambient air quality standards promulgated by the United States Environmental Protection Agency in 40 C.F.R. pt. 50 as of the effective date of the federal final rule published by the United States Environmental Protection Agency in the Federal Register on October 26, 2015 (80 FR 65292), as set forth in Appendix B of this part;
(19) “National ambient air quality standards state implementation plan”, as defined by Arkansas Code § 8-4-303, means a state implementation plan that specifies measures to be used in the implementation of the state's duties under the Clean Air Act for the attainment and maintenance of a specified national ambient air quality standard in each air quality control region or portion of an air quality control region within the state;
(20) “Opacity” means the degree to which air emissions reduce the transmission of light and obscure the view of an object in the background;
(21) “Operator” means any person who leases, operates, controls, or supervises any equipment affected by this part;
(22) “Owner” means any person who has legal or equitable title to any source, facility, or equipment affected by this part;
(23) “Part 70 source” means any stationary source subject to the permitting requirements of Rules of the Arkansas Operating Air Permit Program, 8 CAR pt. 42;
(24) “Particulate matter” means any airborne finely divided solid or liquid material with an aerodynamic diameter equal to or less than one hundred (100) micrometers;
(25) “Particulate matter emissions” means all particulate matter, other than uncombined water, emitted to the ambient air as measured by applicable reference methods, or an equivalent or alternate method, specified in 40 C.F.R. pt. 60, Appendix A, as of the effective date of the federal final rule published by the United States Environmental Protection Agency in the Federal Register on February 27, 2014 (79 FR 11257), or by a test method specified in this part or any supplement thereto, with the exception of condensable particulate matter;
(26) “Person” means any individual or other legal entity or their legal representative or assignee;
(27) “PM2.5” means particulate matter with an aerodynamic diameter less than or equal to a nominal two and one-half (2.5) micrometers as measured by a reference method based on Appendix L of 40 C.F.R. pt. 50 as of the effective date of the federal final rule published by the United States Environmental Protection Agency in the Federal Register on October 17, 2006 (71 FR 61226), or by an approved regional method designated in accordance with Appendix C of 40 C.F.R. pt. 53;
(28) “PM2.5 emissions” means PM2.5 emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternate method, specified in 40 C.F.R. pt. 51, Appendix M, as of the effective date of the federal final rule published by the United States Environmental Protection Agency in the Federal Register on April 2, 2014 (79 FR 18452), or by a test method specified in this part or any supplement thereto;
(29) “PM10” means particulate matter with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers as measured by a reference method based on Appendix J of 40 C.F.R. pt. 50 as of the effective date of the federal final rule published by the United States Environmental Protection Agency in the Federal Register on August 7, 1987 (52 FR 29467), or by an equivalent method designated in accordance with 40 C.F.R. pt. 53 as of December 8, 1984;
(30) “PM10 emissions” means PM10 emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternate method, specified in 40 C.F.R. pt. 51, Appendix M, as of the effective date of the federal final rule published by the United States Environmental Protection Agency in the Federal Register on April 2, 2014 (79 FR 18452), or by a test method specified in this part or any supplement thereto;
(31)(A) “Potential to emit” means the maximum capacity of a stationary source to emit a federally regulated air pollutant under its physical and operational design.
(B) Any physical or operational limitation on the capacity of the source to emit a federally regulated air pollutant, including, but not limited to, 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 enforceable to the extent it is regulated by the Clean Air Act.
(C) Secondary air emissions do not count in determining the potential to emit of a stationary source;
(32) “Responsible official” means one (1) of the following:
(A) 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 or such person if the representative is responsible for the overall operation of one (1) or more manufacturing, production, or operating facilities applying for or subject to a permit and either:
(i) The facilities employ more than two hundred fifty (250) persons or have gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000) in second quarter 1980 United States dollars; or
(ii) The delegation of authority to such representative is approved in advance by the Division of Environmental Quality;
(B) For a partnership or sole proprietorship, a general partner or the proprietor, respectively;
(C)(i) For a municipality, state, federal, or other public agency, either a principal executive officer or ranking elected official.
(ii) 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 United States Environmental Protection Agency); or
(D) For acid rain sources:
(i) The designated representative insofar as actions, standards, requirements, or prohibitions under Title IV of the Clean Air Act or the regulations promulgated thereunder are concerned; and
(ii) The designated representative for any other purposes under Part 70;
(33) “Rule 8” means Arkansas Pollution Control and Ecology Commission Regulation No. 8 until it is amended to replace the term “regulation” with “rule.” After that time, “Rule 8” means Arkansas Pollution Control and Ecology Commission Rule 8;
(34) “Rule 18” means Arkansas Pollution Control and Ecology Commission Regulation No. 18, until it is amended to replace the term “regulation” with “rule.” After that time, “Rule 18” means Arkansas Pollution Control and Ecology Commission Rule 18;
(35) “Rule 26” means Arkansas Pollution Control and Ecology Commission Regulation No. 26, until it is amended to replace the term “regulation” with “rule.” After that time, “Rule 26” means Arkansas Pollution Control and Ecology Commission Rule 26;
(36) “Secondary emissions” means those emissions of federally regulated air pollutants that, although associated with a source, are not emitted from the source itself;
(37) “Shutdown” means the cessation of operation of equipment;
(38) “Startup” means the setting in operation of equipment;
(39) “State implementation plan”, as defined at Arkansas Code § 8-4-303, means a plan that specifies measures to be used in the implementation of the state's duties under the Clean Air Act, and that is developed by the Division of Environmental Quality and submitted to the United States Environmental Protection Agency for review and approval;
(40) “Stationary source” means any building, structure, facility, or installation that emits or may emit any federally regulated air pollutant;
(41)(A) “Title I modification” means any modification as defined under any regulation promulgated pursuant to Title I of the Clean Air Act.
(B) De minimis changes under this part, changes to state-only permit requirements, administrative permit amendments, and changes to the insignificant activities list are not Title I modifications;
(42) “Twelve-month period” means a period of twelve (12) consecutive months determined on a rolling basis with a new twelve-month period beginning on the first day of each calendar month; and
(43)(A) “Volatile organic compounds” means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, that participates in atmospheric photochemical reactions.
(B) This includes any organic compound other than the following, which have been determined to have negligible photochemical reactivity:
(i) Acetone;
(ii) Methane;
(iii) Ethane;
(iv) Methylene chloride (dichloromethane);
(v) 1,1,1-trichloroethane (methyl chloroform);
(vi) Tetrachloroethylene (perchloroethylene);
(vii) 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113);
(viii) Trichlorofluoromethane (CFC-11);
(ix) Dichlorodifluoromethane (CFC-12);
(x) Chlorodifluoromethane (HCFC-22);
(xi) Trifluoromethane (HFC-23);
(xii) 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114);
(xiii) Chloropentafluoroethane (CFC-115);
(xiv) 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123);
(xv) 1,1,1,2-tetrafluoroethane (HFC-134a);
(xvi) 1,1-dichloro 1-fluoroethane (HCFC-141b);
(xvii) 1-chloro-1,1-difluoroethane (HCFC-142b);
(xviii) 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);
(xix) Pentafluoroethane (HFC-125);
(xx) 1,1,2,2-tetrafluoroethane (HFC-134);
(xxi) 1,1,1-trifluoroethane (HFC-143a);
(xxii) 1,1-difluoroethane (HFC-152a);
(xxiii) Parachlorobenzotrifluoride (PCBTF);
(xxiv) Cyclic, branched, or linear completely methylated siloxanes;
(xxv) 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca);
(xxvi) 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb);
(xxvii) 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee);
(xxviii) Difluoromethane (HFC-32);
(xxix) Fluoroethane (ethyl fluoride or HFC-161);
(xxx) 1,1,1,3,3,3-hexafluoropropane (HFC-236fa);
(xxxi) 1,1,2,2,3-pentafluoropropane (HFC-245ca);
(xxxii) 1,1,2,3,3-pentafluoropropane (HFC 245ea);
(xxxiii) 1,1,1,2,3-pentafluoropropane (HFC-245eb);
(xxxiv) 1,1,1,3,3-pentafluoropropane (HFC-245fa);
(xxxv) 1,1,1,2,3,3-hexafluoropropane (HFC-236ea);
(xxxvi) 1,1,1,3,3-pentafluorobutane (HFC-365mfc);
(xxxvii) Chlorofluoromethane (HCFC-31);
(xxxviii) 1-chloro-1-fluoroethane (HCFC-151a);
(xxxix) 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a);
(xl) 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3 or HFE-7100);
(xli) 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3);
(xlii) 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or HFE-7200);
(xliii) 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OC2H5);
(xliv) Methyl acetate;
(xlv) 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3 or HFE-7000);
(xlvi) 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500);
(xlvii) 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea);
(xlviii) Methyl formate (HCOOCH3);
(xlix) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE-7300);
(l) Propylene carbonate;
(li) Dimethyl carbonate;
(lii) (1E)-1,3,3,3-tetrafluoroprop-1-ene (HFO-1234ze);
(liii) HCF2OCF2H (HFE-134);
(liv) HCF2OCF2OCF2H (HFE-236cal2);
(lv) HCF2OCF2CF2OCF2H (HFE-338pcc13);
(lvi) HCF2OCF2OCF2CF2OCF2H (H-Galden 1040x or H-Galden ZT 130 [or 150 or 180]);
(lvii) (1E)-1-chloro-3,3,3-trifluoroprop-1-ene;
(lviii) 2,3,3,3-tetraflouropropene;
(lix) 2-amino-2-methyl-1-propanol;
(lx) T-butyl acetate;
(lxi) Cis-1,1,1,4,4,4-hexafluorobut-2-ene (HFO-1336mz-Z); and
(lxii) Perfluorocarbon compounds that fall into these classes:
(a) Cyclic, branched, or linear, completely fluorinated alkanes;
(b) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;
(c) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and
(d) Sulfur-containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.
(C)(i) For purposes of determining compliance with emission limits, volatile organic compounds are measured by the test methods in the approved state implementation plan or 40 C.F.R. pt. 60, Appendix A, as applicable.
(ii) Where such a method also measures compounds with negligible photochemical reactivity, these negligibly reactive compounds may be excluded as volatile organic compounds if the amount of such compounds is accurately quantified, and such exclusion is approved by the Division of Environmental Quality.
(D) As a precondition to excluding these compounds as volatile organic compounds or at any time thereafter, the Division of Environmental Quality may require an owner or operator of a stationary source to provide monitoring or testing methods and results demonstrating, to the satisfaction of the Division of Environmental Quality, the amount of negligibly reactive compounds in the emissions from the stationary source.
(E) [Reserved].
"Rule 18", defined in this section, is codified in the Code of Arkansas Rules as 8 CAR pt. 40. During codification, all other references in this rule to "Rule 8" were changed to "8 CAR pt. 40".
"Rule 26", defined in this section, is codified in the Code of Arkansas Rules as 8 CAR pt. 42. During codification, all other references in this rule to "Rule 8" were changed to "8 CAR pt. 42".