Tenn. Comp. R. & Regs. 1200-03-23-.02

Current through December 10, 2024

Section 1200-03-23-.02 - DEFINITIONS

Unless specifically defined in this Chapter, the definitions from Chapter 1200-3-2 and Paragraph 1200-3-9-.01(4) shall apply:

(1) "Best Available Retrofit Technology (BART)" means an emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each pollutant which is emitted by an existing stationary facility. The emission limitation must be established, on a case-by-case basis, taking into consideration the technology available, the costs of compliance, the energy and nonair quality environmental impacts of compliance, any pollution control equipment in use or in existence at the source, the remaining useful life of the source, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology.

(2) "Existing Stationary Facility" means any of the following stationary sources 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 the potential to emit, fugitive emissions must be counted, to the extent quantifiable.

(a) Fossil fuel fired steam electric plants of more than 250 million British thermal units per hour heat input.

(b) Coal cleaning plants (thermal dryers),

(c) Kraft pulp mills,

(d) Portland cement plants,

(e) Primary zinc smelters,

(f) Iron and steel mill plants,

(g) Primary aluminum ore reduction plants,

(h) Primary copper smelters,

(i) Municipal incinerators capable of charging more than 250 tons of refuse per day,

(j) Hydrofluoric, sulfuric, and nitric acid plants,

(k) Petroleum refineries,

(l) Lime plants,

(m) Phosphate rock processing plants,

(n) Coke oven batteries,

(o) Sulfur recovery plants,

(p) Carbon black plants (furnace process),

(q) Primary lead smelters,

(r) Fuel conversion plants,

(s) Sintering plants,

(t) Secondary metal production facilities,

(u) Chemical process plants,

(v) Fossil-fuel boilers of more than 250 million British thermal units per hour heat input,

(w) Petroleum storage and transfer facilities with a capacity exceeding 300,000 barrels,

(x) Taconite ore processing facilities,

(y) Glass fiber processing plants, and

(z) Charcoal production facilities.

(3) "Federal Class I area" means any Federal land that is classified or reclassified "Class I".

(4) "Fixed Capital Cost" means the capital needed to provide all of the depreciable components.

(5) "In existence' means that the owner or operator has obtained all necessary preconstruction approvals or permits required by this Division and either has (1) begun, or caused to begin, a continuous program of physical on-site construction of the facility or (2) entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of construction of the facility to be completed in a reasonable time.

(6) "In operation" means engaged in activity related to the primary design function of the source.

(7) "Mandatory Class I Federal area" means any area identified by the Administrator of the EPA, including the Great Smoky Mountains National Park, the Joyce Kilmer - Slickrock National Wilderness Area, the Linville Gorge Wilderness Area, Cohutta Wilderness Area, Shining Rock Wilderness Area, Sipsey Wilderness Area, the Mingo National Wilderness Area, and the Mammoth Cave National Park including any integral vista associated with these areas.

(8) "Natural Conditions" includes naturally occurring phenomena that reduce visibility as measured in terms of visual range, contrast, or coloration.

(9) "Reconstruction" will be presumed to have taken place where the fixed "capital cost of the new component exceeds 50 percent of the taxed capital cost of a comparable entirely new source. Any final decision as to whether reconstruction has occurred must be made in accordance with the requirements of 40 CFR Part 60.15, Standards of Performance for New Stationary Sources" (dated July 1, 1993.)

(10) "Visibility Impairment" means any humanly perceptible change in visibility (visual range, contrast, coloration) from that which would have existed under natural conditions.

(11) "Significant Impairment" means visibility impairment which, in the judgment of the Technical Secretary, interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the mandatory Class I Federal area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency, and time of the visibility impairment, and how these factors correlate with times of visitor use of the mandatory Class I Federal area, and the frequency and timing of natural conditions that reduce visibility.

(12) "Integral vista" means a view perceived from within the mandatory Class I Federal area of a specific landmark or panorama located outside the boundary of the mandatory Class I Federal area.

(13) "Continuous program of physical on-site construction" means significant and continuous site preparation work such as major clearing or excavation followed by placement of footings, pilings, and other materials of construction, assembly, or installation of unique facilities or equipment at the site of the source.

(14) "Substantial loss" generally means a loss which would equal or exceed 10 percent of the total project cost.

(15) "Adverse impact on visibility" means, for purposes of 1200-3-23, visibility impairment which interferes with management, protection, preservation, or enjoyment of the visitor's visual experience of the Federal Class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency and time of visibility impairments, and how these factors correlate with:

(a) Times of visitor use of the Federal Class I area, and

(b) The frequency and timing of natural conditions that reduce visibility. This term does not include integral vistas.

(16) "Pollutant" means, for this Rule, for particulate matter, the standards expressed in 1200-3-3, Table I which are attained when the expected number of days per calendar year with a 24-hour average concentration above 150 mg/m³ as determined in accordance with 40 CFR 50 Appendix K (July 1, 1993), is equal to or less than one.

(17) "Reasonably attributable" means attributable by visual observation or any other technique the Technical Secretary deems appropriate.

Tenn. Comp. R. & Regs. 1200-03-23-.02

Original rule filed September 21, 1988; effective November 6, 1988. Amendment filed May 10, 1994; effective July 24, 1994.

Authority: T.C.A. §§ 68-25-105 and 4-5-201 et.seq.