Ala. Admin. Code r. 335-1-7-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-1-7-.02 - Definitions

The words or phrases used in this Chapter shall have the meanings provided in the rules and regulations applicable to the particular application involved unless the word or phrase is defined in this Rule For the purposes of this Chapter, the following words or phrases shall have the following meanings:

(a) "actual emissions" means the actual rate of emissions in tons per year of any regulated air pollutant emitted by a stationary source. Actual emissions shall be calculated using the stationary source's actual operating hours, production rates, and in-place control equipment, types of materials processed, stored, or combusted during the calendar year which precedes the year the fees are due by one year.

(b) "affected pollutant" means any of the following pollutants: nitrogen oxides, sulfur oxides measured as sulfur dioxide, volatile organic compounds, or particulate matter.

(c) "consumer price index or CPI" means the average of the Consumer Price Index for all-urban consumers published by the Department of Labor, as of the close of the 12-month period ending on August 31 of each year.

(d) "fugitive emissions" are the emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.

(e) "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) that is characterized by one of the following categories:

1. emits or has the potential to emit 10 tons per year or more of any hazardous air pollutant which has been listed in section 112(b) in the Clean Air Act (except radionuclides) or 25 tons per year or more of any combination of such hazardous air pollutants. 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 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 for hazardous air pollutants.

2. emits or has the potential to emit 100 tons per year or more of any regulated pollutant. The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source 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

(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 of heat input

(xxvii) All other stationary source categories regulated under sections 111 or 112 in the Clean Air Act.

(f) "potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a 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 is federally-enforceable.

(g) "regulated pollutant", means the following:

1. nitgrogen oxides or any volatile organic compound

2. any pollutant for which a national ambient air quality standard has been promulgated.

3. any pollutant that is subject to any standard promulgated under sections 111 of the Clean Air Act.

4. any pollutant subject to a standard promulgated under 112 or the requirements established under section 112 of the Act including sections 112(g), and (j) of the Act, including the following:

(i) any pollutant subject to requirements under section 112(j) of the Act. If the Administrator fails to promulgate a standard by the date established pursuant to section 112(e) of the Act, any pollutant for which a subject source would be major shall be considered to be regulated on the date 18 months after the applicable date established pursuant to section 112(e) of the Act; and

(ii) any pollutant for which the requirements of section 112(g)(2) of the Act have been met, but only with respect to the individual source subject to section 112(g)(2) requirement.

(h) "stationary source" means any activity or piece of equipment at a building, structure, facility, or installation that emits or may emit any air pollutant.

Author: Richard E. Grusnick

Ala. Admin. Code r. 335-1-7-.02

Effective Date: December 19, 1991. Amended: Filed November 23, 1993; effective December 28, 1993.

Statutory Authority:Code of Ala. 1975, §§ 22-22A-4, 22-22A-5, 22-22A-6, and 22-22A-8.