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24.0520 Definitions.

Cite as [A.S.A.C. § 24.0520]

As used in this Part:

(1) “Administrative permit amendment” is a permit revision that:

(A) Corrects typographical errors;

(B) Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source;

(C) Requires more frequent monitoring or reporting by the permittee;

(D) Consolidates the terms and conditions of two or more air pollution control permits into one air pollution control permit for a facility; and

(E) Allows for a change in ownership or operational control of a source where the director determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the executive secretary.

(2) “AP-42” means the most recent edition, supplements, and appendices of USEPA’s Compilation of Air Pollutant Emission Factors, Volume 1: Stationary Point and Area Sources.

(3) “Applicable requirement” is defined as follows:

(A) If an air pollution emission source is a federal oversight source, “applicable requirement” means all of the following as they apply to emissions units in the air pollution emission source (including requirements that have been promulgated or approved by USEPA through rulemaking at the time of issuance but have future-effective compliance dates):

(i) Any standard or other requirement provided for in the applicable state implementation plan approved or promulgated by USEPA, including any revision to that plan promulgated in 40 CFR Part 52;

(ii) Any term or conditions of any preconstruction permits issued pursuant to regulations approved or promulgated through rulemaking under title I, including parts C or D, of the Clean Air Act;

(iii) Any standard or other requirement under section 111 of the Clean Air Act, including section 111(d);

(iv) Any standard or other requirement under section 112 of the Clean Air Act, including any requirement concerning accident prevention under section 112(r)(7) of the Act;

(v) Any requirements established pursuant to section 504(b) or section 114(a)(3) of the Clean Air Act;

(vi) Any standard or other requirement governing solid waste incineration, under section 129 of the Clean Air Act;

(vii) Any standard or other requirement for consumer and commercial products, under section 183(e) of the Clean Air Act;

(viii) Any standard or other requirement for tank vessels under section 183(f) of the Clean Air Act;

(ix) Any standard or other requirement of the program to control air pollution from outer continental shelf sources, under section 328 of the Clean Air Act;

(x) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under title VI of the Clean Air Act, unless the USEPA Administrator has determined that such requirements need not be contained in an air pollution control permit; and

(xi) Any national ambient air quality standard or increment or visibility requirement under part C of title I of the Clean Air, but only as it would apply to temporary sources pursuant to section 504(e) of the Clean Air Act.

(B) For all other air pollution emission sources, “applicable requirement” shall mean all of the following as they apply to emissions units in the air pollution emission source:

(i) Any NAAQS or American Samoa air quality standard;

(ii) The application of best available control technology to control those pollutants subject to any NAAQS or American Samoa air quality standard, but only as best available control technology would apply to new or proposed air pollution emission sources and modifications to air pollution emission sources that have the potential to emit or increase emissions above significant amounts considering any limitations, enforceable by the Commission, on the air pollution source to emit a pollutant; and

(iii) Any standard or other requirement provided in these Standards and Regulations.

(4) “Federal oversight source” means an air pollution emission source that does not qualify for a source category exemption under 40 CFR § 70.3(b) and that is:

(A) A major source;

(B) Subject to standards of performance or other requirement of section 111 of the Clean Air Act;

(C) A non-major source of hazardous air pollutants subject to an emission standard or other requirement for hazardous air pollutants pursuant to Section 112 of the Clean Air Act or Part V of these Standards and Regulations, except those sources solely subject to regulations or requirements pursuant to Section 112(r) of the Clean Air Act.

(5) “Insignificant sources” means any air pollution emission sources that can be classified as insignificant sources - type I or insignificant sources - type II.

(6) “Insignificant sources - type I” means any air pollution emission source that is not a federal oversight source and includes only the following sources of air pollutants:

(A) Any storage tank, reservoir or other container of capacity equal to or less than forty thousand gallons storing volatile organic compounds, except those storage tanks, reservoirs, or other containers subject to any standard or other requirement pursuant to Sections 111 and 112 of the Clean Air Act;

(B) Other than smoke house generators, fuel burning equipment with a heat input capacity less than one million BTU per hour, except where the total heat input capacity of all individually exempted equipment exceeds five million BTU per hour when operated within the facility and controlled by a single owner or operator;

(C) Steam generators, steam superheaters, water boilers, or water heaters, which have a heat input capacity of less than five million BTU per hour, and are fired exclusively with natural, synthetic, or liquefied petroleum gas, or any combination of these;

(D) Kilns used for firing ceramic ware heated exclusively by natural gas, electricity, liquid petroleum gas, or any combination of these and have a heat input capacity of five million BTU per hour or less;

(E) Standby generators used exclusively to provide electricity, standby sewage pump personnel and the public, all of which are used only during power outages, emergency equipment maintenance and testing, and are fired exclusively be natural or synthetic gas; or liquefied petroleum gas; or fuel oil No. 1 or No. 2; or diesel fuel oil No. 1D or No. 2D;

(F) Paint spray booths;

(G) Welding booths (if there are more than five at the facility); and

(H) Portable diesel or gasoline fired industrial equipment less than two hundred horsepower in size which are used during power outages or intermittently for maintenance and repair purposes (if there are more than five at the facility);

(7) “Insignificant sources- type II” means any air pollution emission source that is not a federal oversight source and includes only the following sources of air pollutants:

(A) Welding booths (if less than five at a facility);

(B) Portable diesel or gasoline fired industrial equipment less than two hundred horsepower in size which are used during power outages or intermittently for maintenance and repair purposes (if less than five at the facility);

(C) Hand held equipment used for buffing, polishing, carving, cutting, drilling, machining, sanding, sawing or surface grinding, provided reasonable precautions are taken to prevent particulate matter from becoming airborne. Reasonable precautions include the use of dust collection systems, dust barriers, or containment systems;

(D) Laboratory equipment used exclusively for chemical and physical analyses;

(E) Containers, reservoirs, or tanks used exclusively for dipping operations for coating objects with oils, waxes, or greases where no organic solvents, diluents, or thinners are used; or dipping operations for applying coatings of natural or synthetic resins which contain no organic solvents;

(F) Closed tumblers used for cleaning or deburring metal products without abrasive blasting, and pen tumblers with batch capacity of one thousand pounds or less.

(G) Ocean going vessels, except for ocean-going vessels subject to any standard or other requirement for the control of air pollution from outer continental shelf sources pursuant to 40 CFR Part 55;

(H) Fire water system pumps dedicated for fire-fighting and to maintain fire water system pressure, and fired exclusively by natural or synthetic; or liquefied petroleum gas; or fuel oil No. 1 or No. 2; diesel fuel No. 1D or No. 2D;

(I) Smoke generating systems used exclusively for training in government or certified fire fighting training facilities;

(J) Mobile internal combustion engines;

(K) Diesel fired portable ground support equipment exclusively to start aircraft or provide temporary power to aircraft prior to start-up;

(L) Fuel burning equipment which is used in a private dwelling or for space heating, other than boilers or hot furnaces;

(M) Ovens, stoves, or grills used solely for the purpose of preparing food for human consumption operated in private dwellings, restaurants, or stores;

(N) Stacks or vents to prevent escape of sewer gasses through plumbing traps;

(O) Air conditioning or ventilation systems not designed to remove air pollutants generated by ore released from equipment, and that do not involve the open release or venting of CFCs into the atmosphere; and

(P) Woodworking shops with a sawdust collection system.

(8) “Major source” means an air pollution emission source, or a group of air pollution emission sources that are located on one or more contiguous properties or adjacent properties, and are under common control or command of the same person or persons, belonging to a single major industrial grouping (i.e., all have the same two-digit Standard Industrial Classification Code) and that emits or has the potential to emit:

(A) Any hazardous air pollutant, except radionuclides, in the aggregate of ten tons per year or more including fugitive emissions, or twenty-five tons per year or more of any combination including fugitive emissions, or such lesser quantity as the USEPA Administrator may establish by rule;

(B) One hundred tons per year or more of any pollutant subject to regulation under the Clean Air Act or these Standards and Regulations. Fugitive emissions from the air pollution emission source shall be considered in determining whether the source is major, if it belongs to one of the following categories of air pollution emission sources:

(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 BTU 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 BTU per hour heat input; and

(xxvii) All other air emission source categories regulated by a standard promulgated pursuant to Section 111 or 112 of the Clean Air Act, but only with respect to those air pollutants that have been regulated for that category; or

(A) For radionuclides, major source shall have the meaning specified by the USEPA Administrator by rule.

(B) In nonattainment areas, a major stationary source as defined in part D of title I of the Clean Air Act, including:

(i) For ozone nonattainment areas, sources with the potential to emit 100 tpy or more of volatile organic 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 USEPA Administrator has made a finding, under section 182(f)(1) or (2) of the Clean Air 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 Clean Air 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 particulate matter (PM-10) nonattainment areas classified as “serious,” sources with the potential to emit 70 tpy or more of PM-10.

(9) “Modification” means a physical change in or change in the method of operation of an air pollution emission source which requires a change to a permit. Routine maintenance, repair and replacement shall not be considered a modification.

(10) “Pollution prevention” means the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source.

(11) “Significant modification” means a modification of a federal oversight source which:

(A) Increases the emissions of any air pollutant above the permitted emission limits;

(B) Results in significant increase in emissions of any air pollutant;

(C) Violates an applicable requirement;

(D) Involves a relaxation or changes other than administrative permit amendments to existing monitoring requirements or reporting or recordkeeping requirements in the permit. Any change to the existing monitoring, reporting, or recordkeeping requirements that reduces the enforceability of the permit is considered a significant change;

(E) Requires or changes a case-by-case determination of an emission limitation or other standard, or a visibility or increment analysis;

(F) Is a modification pursuant to any provision of Title I of the Clean Air Act.

History: 2005