DEPARTMENT
OF ENVIRONMENTAL SERVICES
Air
Resources Division
29
Hazen Drive
Concord,
Tel.
#(603) 271-1370
CHAPTER
Env-A 100 PURPOSE; DEFINITIONS
Statutory
Authority: RSA 125-C:4, I; RSA 541-A:16,
I(b)
REVISION NOTE #1:
Document #8256, effective 1-14-05,
repealed, amended, and readopted with amendments and renumbered many
definitions in Env-A 100, necessitating extensive renumbering of most of the
remaining definitions, as indicated in the source notes referencing Document
#8256 below.
The
definitions repealed by Document #8256 include the following terms and
phrases. The prior documents containing
the definitions are identified in Document #8256 as follows:
Env-A
101.04 “Acid rain compliance option”, #6057-A, effective
Env-A
101.11 “Adverse environmental effect”, #6057-A, effective
Env-A
101.21 “Air quality control regions”, #6057-A, effective
Env-A
101.25 “Alternative Control Technology (ACT)”, #6057-A, effective
Env-A
101.29 “Amended water”, #6482-A, effective
Env-A
101.33 “Annual emissions”, #6469-A, effective
Env-A
101.34 “Appliance”, #6057-A, effective
Env-A
101.43 “Average annual emissions”, #6469-A, effective
Env-A
101.44 “Average emission rate”, #6469-A, effective
Env-A
101.45 “Baseline average emission rate”, #6469-A, effective
Env-A
101.46 “Baseline emissions”, #6469-A, effective
Env-A
101.48 “Black liquor”, #6724-A, effective
Env-A
101.49 “Black liquor oxidation system”, #6724-A, effective
Env-A
101.50 “Black liquor solids”, #6724-A, effective
Env-A
101.53 “Brown stock washer system”, #6724-A, effective
Env-A
101.55 “Bubble concept”, #6057-A, effective
Env-A
101.71 “Cleaning solvent”, #6057-A, effective
Env-A
101.73 “COH”, #6057-A, effective
Env-A
101.86 “Control Technique Guideline (CTG)”, #6057-A, effective
Env-A
101.88 “Council’s clerk”, #6057-A, effective
Env-A
101.97 “Digester system”, #6724-A, effective
Env-A
101.98 “Direct replacement”, #6342-A, effective
Env-A
101.102 “Effects factor”, #6428-A, effective
Env-A
101.109 “Emission rate”, #6469-A, effective
Env-A
101.116 “Exhaust and ventilation system”, #6057-A, effective
Env-A
101.117 “Exhaust emission”, #6057-A, effective
Env-A
101.119 “Expeditiously as practicable”, #6057-A, effective
Env-A
101.121 “Federal fiscal year”, #6057-A, effective
Env-A
101.128 “Fly ash”, #6057-A, effective
Env-A
101.130 “Friable asbestos material”, #6482-A, effective
Env-A
101.140 “Geometric mean”, #6057-A, effective
Env-A
101.153 “Indirect source”, #6057-A, effective
Env-A
101.158 “Kraft recovery furnace”, #6724-A, effective
Env-A
101.172 “Maximum total heat input capacity”, #6469-A, effective
Env-A
101.179 “Multiple effect evaporator system”, #6724-A, effective
Env-A
101.184 “New design kraft recovery furnace”, #6724-A, effective
Env-A
101.188 “Nitric acid production unit”, #6057-A, effective
Env-A
101.197 “Old design kraft recovery furnace”, #6724-A, effective
Env-A
101.202 “Paper manufacturing facility”, #6428-A, effective 1-18-97
Env-A 101.215 “Process, manufacturing
and service-based industry”, #6428-A, effective 1-18-97
Env-A
101.234 “Residual Risk Standards”, #6057-A, effective
Env-A
101.237 “Ringelmann Smoke Chart”, #6057-A, effective
Env-A
101.247 “Significant modification”, #6057-A, effective
Env-A
101.248 “Significant permit amendment”, #6057-A, effective
Env-A
101.250 “Smelt dissolving tank”, #6724-A, effective
Env-A
101.267 “Sulfite mill”, #6057-A, effective
Env-A
101.270 “Sulfuric acid production unit”, #6057-A, effective
Env-A
101.296 “Utility Unit”, #6057-A, effective
Env-A
101.301 “Wet methods”, #6482-A, effective
REVISION NOTE #2:
Document #8304, effective
The
definitions repealed by Document #8304 include the following terms and
phrases. The prior documents containing
the definitions are identified in Document #8304 as follows:
Env-A
101.80 “Competent person”, #7845, effective
Env-A
101.240 “Sawing”, #6482-A, effective
The
definitions readopted with amendments and renumbered from Env-A 100 as rules in
Env-A 1802.01 include the following terms and phrases. The prior document containing the definitions
is identified in Document #8304 as Document #6482-A, effective
“Aggressive
sampling”
“Analytical
service”
“Asbestos”
“Asbestos
abatement”
“Asbestos-containing
material”
“Category
I nonfriable ACM”
“Category
II nonfriable ACM”
“Clean
room”
“Emergency
Asbestos Project”
“Encapsulant”
“Encapsulation”
“Equipment
room”
“Glovebag”
“HEPA
filtration”
“Major
asbestos abatement project—Class N”
“Major
asbestos abatement project—Class S demolition”
“Major
asbestos abatement project—Class S renovation”
“Minor
asbestos abatement project”
“Regulated
Asbestos-Containing Material”
“Removal”
“Renovation”
“Sheets”
or “sheeting”
“Shower
room”
“Tape”
REVISION NOTE #3:
Document #9839, effective 12-21-10,
adopted 2 definitions in Env-A 100 and readopted with amendments and renumbered
Env-A 101.113, defining “major source,” as Env-A 115. These actions necessitated extensive
renumbering of most of the remaining definitions in Env-A 100, as indicated in
the source notes referencing Document #9839 below.
The
definitions adopted by Document #9839 are:
Env-A
101.35 “Carbon dioxide equivalent emissions (CO2e)”
Env-A
101.96 “Greenhouse gases (GHGs)”
REVISION NOTE #4:
Document
#13105, effective 9-25-20, adopted, repealed, readopted, and readopted with
amendments all of the rules in Chapter Env-A 100, and
extensively re-numbered of all of the definitions. Document #13105 also changed the chapter
heading from “Definitions” to “Purpose; Definitions.”
The rules adopted
by Document #13105 are:
Env-A 101.01 Purpose.
Env-A 101.03 Federal
Definitions Incorporated.
Env-A 101.01 and Env-A 101.03 were
adopted in Part Env-A 101 titled “Purpose; Statutory and Federal Definitions
Incorporated” which was formerly titled “Definitions.”
Document #13105
eliminated the reserved number for the former rule Env-A 101.168 defining “sand
and gravel sources”. This definition had
previously been readopted with amendment and renumbered as Env-A 2802.04 in
Document #9793, effective 10-1-10, and the rule number had been reserved. The prior documents containing the definition included:
#1717,
effective 2-19-81
#2332,
effective 4-29-83
#2938,
effective 12-27-84
#5033,
effective 12-27-90
#6057-A, effective
6-30-95
#6428-A, effective
1-18-97
The former Env-A 101.168 had been
renumbered during its filing history, including by Document #5033 and Document #6057-A, and renumbered
due to rulemaking on other rules in Document #8256. See Revision Note #1 and Revision Note #2.
Document #13105
also eliminated the reserved number for the former Part Env-A 102 titled “Description
of N. H. Air Resources Council and Division”, which had expired 12-27-96 before
Document #8256 was effective 1-14-05, as described in Revision Note #1, and the
number for Part Env-A 102 was subsequently reserved. The prior filings affecting the former Part Env-A
102 included the following documents:
#1717, eff 2-19-81
#2332, eff
4-29-83
#2938, eff
12-27-84
#5033, eff
12-27-90; EXPIRED: 12-27-96
Document #13105 repealed Part Env-A
103, titled “Claims of Confidentiality”, which contained the following rules:
Env-A 103.01 Purpose.
Env-A 103.02 Applicability.
Env-A 103.03 Procedure for Making a Claim of
Confidentiality.
Env-A 103.04 Criteria for Claims of Confidentiality.
Env-A 103.05 Release or Other Use of Information.
The prior filings affecting the rules
in the former Part Env-A 103 included the following documents:
#1717, eff
2-19-81
#2332, eff
4-29-83
#2938, eff
12-27-84
#5033, eff
12-27-90
#6057-A,
eff 6-30-95
Document #13105 renumbered all of the
existing definitions in Chapter Env-A 100, moving them from Part Env-A 101, re-titled
as “Definitions”, into the formerly reserved number Part Env-A 102, re-titled as
“Definitions; A Through C”, Part Env-A 103 titled “Definitions: D Through L”, Part
Env-A 104 titled “Definitions: M Through R”, and Part Env-A 105 titled “Definitions:
S Through Z”. The former rule numbers
are indicated in the source notes and as outlined below:
Former Rule Rule in Document #13105
Env-A 101.01 Env-A
101.02
Env-A 101.02-Env-A
101.57 Env-A 102.01-Env-A
102.56
Env-A 101.58-Env-A
101.113 Env-A 103.01-Env-A
103.57
Env-A
101.114-Env-A 101.167 Env-A
104.01-Env-A 104.52
Env-A 101.169-Env-A
101.220 Env-A 105.01-Env-A
105.52
Document
#13105 replaces all prior filings for the rules in Chapter Env-A 100. As organizational rules the rules in Document
#13105 will not expire except pursuant to RSA 541-A:17, II
PART
Env-A 101 PURPOSE; STATUTORY AND FEDERAL
DEFINITIONS INCORPORATED
Env-A 101.01 Purpose.
(a)
The purpose of the rules in subtitle Env-A is to implement a
comprehensive program to identify and control sources of air pollution so as to:
(1) Implement RSA 125-C to effectuate its
purpose, as stated in RSA 125-C:1, namely to:
a. Promote the public health, welfare, and safety;
b. Prevent injury or detriment to human, plant,
and animal life, physical property and other resources;
c. Foster the comfort and convenience of the people;
d. Promote the economic and social development
of this state; and
e. Facilitate the enjoyment of the natural
attractions of the state; and
(2) Implement RSA 125-D, RSA 125-I, RSA 125-J,
RSA 125-M, RSA 125-N, RSA 125-O, RSA 125-R, and RSA 141-E.
(b)
The purpose of this chapter is to establish definitions that apply
across all subsequent chapters in subtitle Env-A.
Source.
#13105, eff 9-25-20 (see Revision Note #4
at chapter heading for Env-A 100)
Env-A 101.02 Statutory Definitions Incorporated. Unless otherwise indicated, all words used in
subtitle Env-A shall have the same meanings given them by the statute they
implement.
Source.
#1717, eff
2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff
12-27-90; ss by #6057-A, eff 6-30-95; ss by #13105, eff 9-25-20 (formerly
Env-A 101.01) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A 101.03 Federal Definitions Incorporated. Unless otherwise noted, all references to 40
CFR shall be to the July 1, 2019 edition.
Source. #13105, eff
9-25-20 (see Revision Note #4 at chapter heading for Env-A 100)
PART
Env-A 102 DEFINITIONS: A THROUGH C
Env-A 102.01 “Abatement” means either to reduce in amount
and intensity, or to cease.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90;
ss by #6057-A, eff 6-30-95; ss by #13105, eff 9-25-20 (formerly
Env-A 101.02) (see Revision Note #4 at chapter heading for Env-A 100 )
Env-A 102.02 “Acid rain affected source” means a source
that includes one or more acid rain affected units.
Source. #6057-A,
eff 6-30-95; ss by #13105, eff 9-25-20 (formerly Env-A 101.03) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A 102.03 “Acid rain permit” means the portion of a
title V operating permit, including any permit revisions, which specifies to
the owner, operator, or designated representative of the acid rain affected
source or the acid rain affected unit, the requirements applicable to such
affected source or to each such affected unit at such an affected source,
pursuant to Env-A 406 Acid Deposition Program or title IV Acid Deposition
Control of the Act.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.05); ss by #13105, eff 9-25-20 (formerly Env-A 101.04)
Env-A 102.04 “Activity” means an endeavor initiated by or
carried out by any person.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90;
ss and moved by #6057-A, eff 6-30-95
(from Env-A 101.03); renumbered by #8256 (from Env-A 101.06); ss by #13105, eff 9-25-20 (formerly Env-A 101.05) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A 102.05 “Acute” means a type of exposure that is
considered as a one-time or short-term exposure, with a typical duration of
less than or equal to 24 hours. This
type of exposure could also consist of multiple exposures or a continuous
exposure over several, but no more than 14, days.
Source. #6328,
INTERIM, eff 8-24-96, EXPIRED: 12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.07); ss
by #13105, eff 9-25-20 (formerly Env-A 101.06) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A 102.06 “Acute fuel shortage” means a condition in
which the availability of fuel is severely limited, and
is expected to remain limited for less than 90 days.
Source.
#6519-A,
eff 5-29-97; renumbered by #8256 (from Env-A 101.08);
ss by #13105, eff 9-25-20 (formerly Env-A 101.07) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A 102.07 “Administrative permit amendment” means the
following:
(a)
“Administrative permit amendment” as defined in 40 CFR 70.7(d)(1)(i) through (iv), reprinted in Appendix D; or
(b)
A permit change made in either an initial temporary permit or an
extended temporary permit that meets all applicable requirements of 40 CFR § 70.6,
§ 70.7, and § 70.8.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.09); ss by #13105, eff 9-25-20 (formerly Env-A 101.08) (see Revision Note
at #4 chapter heading for Env-A 100)
Env-A 102.08 “Administrator” means the administrator of
the United States Environmental Protection Agency (EPA), or an authorized
representative thereof, or the commissioner of the department of environmental
services if authorized by EPA.
Source. #6057-A,
eff 6-30-95; ss by #6518-A, eff 5-29-97; renumbered
by #8256 (from Env-A 101.10); ss by #13105, eff 9-25-20 (formerly Env-A 101.09) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A 102.09 “Aerosols” means a system of particles
suspended in gas which upon collection tend to coalesce and create uniform
homogeneous films upon the surfaces of the collecting media.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90;
ss and moved by #6057-A, eff 6-30-95
(from Env-A 101.04); renumbered by #8256 (from Env-A 101.12); ss by #13105, eff 9-25-20 (formerly
Env-A 101.10) (see Revision Note at chapter heading for Env-A 100)
Env-A 102.10 “Affected source” means “affected source” as
defined in RSA 125-C:2, I-a, reprinted in Appendix C.
Source.
#6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.13); ss by #13105, eff 9-25-20 (formerly Env-A 101.11) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A 102.11 “Affected states” means all states, including
Connecticut, Maine, Massachusetts, New York, Rhode Island, and Vermont, that meet
at least one of the criteria listed in the definition of “affected states” in
40 CFR 70.2, reprinted in Appendix D.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.14);
ss by #13105, eff 9-25-20 (formerly Env-A 101.12) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A 102.12 “Affected unit” means “affected unit” as
defined in section 402 of the Act, namely “a unit that is subject to emission
reduction requirements or limitations under this title.”
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.15);
ss by #13105, eff 9-25-20 (formerly Env-A 101.13 (see Revision Note #4
at chapter heading for Env-A 100)
Source. #6328, INTERIM, eff
8-24-96, EXPIRED: 12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.17),(
see Revision Note #1 at chapter heading; renumbered by #8304 (see Revision Note
#2 at chapter heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.14) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A 102.14 “Air pollutant” means “air contaminant” as
defined in RSA 125-C:2, II, reprinted in Appendix C.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; rpld
by #5033, eff 12-27-90
New. #5033, eff 12-27-90
(from Env-A 101.06); ss and moved by #6057-A,
eff 6-30-95 (from Env-A 101.05); renumbered by #8256 (from Env-A 101.18), (see
Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2
at chapter heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.15) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A 102.15 “Air pollution” means “air pollution” as
defined in RSA 125-C:2, III, reprinted in Appendix C.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.05)
New. #5033, eff 12-27-90
(from Env-A 101.07); ss and moved by #6057-A,
eff 6-30-95 (from Env-A 101.06);
renumbered by #8256 (from Env-A 101.19), (see Revision (Note #1 at chapter heading);
renumbered by #8304 (see Revision Note #2 at chapter heading);
ss by #13105, eff 9-25-20 (formerly
Env-A 101.16) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A 102.16 “Air pollution control equipment” means any
apparatus or process used in the control of air pollution as
a result of rules, or any process which controls air pollution but is
not vital to normal productions operations.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.06)
New. #5033, eff 12-27-90
(from Env-A 101.08); ss and moved by #6057-A,
eff 6-30-95 (from Env-A 101.07) renumbered by #8256 (from Env-A 101.20), (see
Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2
at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.17) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A 102.17 “Air toxic” means “air toxic” as defined in
RSA 125-I:2, II, reprinted in Appendix C.
Source. #6328, INTERIM, eff
8-24-96, EXPIRED: 12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.22),
(see Revision Note #1 at chapter heading);
renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.18) (see Revision Note #4 at chapter heading for Env-A 100)
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.07)
New. #5033, eff 12-27-90
(from Env-A 101.09); ss and moved by #6057-A,
eff 6-30-95 (from Env-A 101.08); renumbered by #8256 (from Env-A 101.23), (see
Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2
at chapter heading); ss by #13105, eff
9-25-20 (formerly Env-A 101.19)
(see Revision Note #4 at chapter heading for Env-A 100)
Env-A 102.19 “Allowance” means an authorization by EPA to
emit up to one ton of sulfur dioxide during or after a specified calendar year
pursuant to the title IV Acid Deposition Control of the Act, or the regulations
promulgated thereunder.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.24), (see Revision Note #1 at chapter
heading); renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.20) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A 102.20 “Ambient air” means “ambient air” as defined
in RSA 125-I:2, III, reprinted in Appendix C.
Source.
#1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.08)
New. #5033, eff 12-17-90
(from Env-A 101.10); ss and moved by #6057-A,
eff 6-30-95 (from Env-A 101.09); renumbered by #8256 (from Env-A 101.26), (see
Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2
at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.21) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A 102.21 “Ambient air limit” means “ambient air limit”
as defined in RSA 125-I:2, IV, reprinted in Appendix C.
Source. #6328, INTERIM, eff
8-24-96, EXPIRED: 12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.27),
(see Revision Note #1 at chapter heading);
renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.22) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A 102.22 “Ambient air quality standard” means any
standard which establishes the maximum allowable concentration of a specific
pollutant in the ambient air of a region or subregion as established by the commissioner
or administrator.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.09)
New. #5033, 12-27-90 (from Env-A 101.11); ss and
moved by #6057-A, eff
6-30-95 (from Env-A 101.10); renumbered by #8256 (from Env-A 101.28), (see
Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2
at chapter heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.23) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A 102.23 “Amendment” means a revision in the written
contents of a permit, including but not limited to changes in emission
limitations, applicable requirements, and operational characteristics. This term includes “administrative permit
amendment”, “minor permit amendment”, and “significant permit amendment”.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.30),
(see Revision Note #1 at chapter heading);
renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.24) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A 102.24 “Annual” means a time period
from January 1 of a calendar year through December 31 of the same year.
Source. #6482-A,
eff 4-1-97; renumbered by #8256 (from Env-A 101.32),
(see Revision Note #1 at chapter heading);
renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.25) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A 102.25 “Applicable requirement” means “applicable
requirement” as defined in 40 CFR 70.2, reprinted in the Appendix D.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.35), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.26) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A 102.26 “Applicant” means a person who requests a
permit or other form of license.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.36), (see Revision Note #1 at chapter
heading); renumbered by #8304, (see Revision Note #2 at chapter heading);
ss by #13105, eff 9-25-20 (formerly
Env-A 101.27) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A 102.27 “Area source” means a 2-dimensional,
horizontal source from which air emissions are being released at a relatively
uniform rate from every part of its surface.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.37), (see Revision Note #1 at chapter
heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
ss by #13105, eff 9-25-20 (formerly
Env-A 101.28) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A 102.28 “Arithmetic mean” means the sum of N (number)
factors divided by N.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.10)
New. #5033, eff 12-27-90 (from
Env-A 101.12); ss and moved by #6057-A,
eff 6-30-95 (from Env-A 101.11); renumbered by #8256 (from Env-A 101.38), (see
Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2
at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.29) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A 102.29 “ASTM” means the American Society for Testing
and Materials.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.11)
New. #5033, eff 12-27-90 (from
Env-A 101.13); ss and moved by #6057-A,
eff 6-30-95 (from Env-A 101.12); renumbered by #8256 (from Env-A 101.42), (see
Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2
at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.30) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A 102.30 “Best available control technology (BACT)”
means “best available control technology” as defined in 40 CFR 52.21(b)(12), reprinted
in Appendix D.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.12)
New. #5033, eff 12-27-90
(from Env-A 101.14); ss and moved by #6057-A,
eff 6-30-95 (from Env-A 101.13); renumbered by #8256 (from Env-A 101.47), (see
Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2
at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.31) (see Revision Note #4 at chapter heading for
Env-A 100)
Env-A 102.31 “Blended fuel” means any fuel containing a
mixture of 2 or more fuels which, as combined, does not exceed the applicable
pollutant content specified in Env-A 1600.
Source. #6519-A,
eff 5-29-97; renumbered by #8256 (from Env-A
101.51), (see Revision Note #1 at chapter
heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
ss by #13105, eff 9-25-20 (formerly Env-A 101.32) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A 102.32 “British Thermal Unit (BTU)” means the
quantity of heat required to raise the temperature of one pound of water at or
near 39.2 degrees Fahrenheit (°F) by one °F.
A BTU equals 251.98 calories.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.13)
New. #5033, eff 12-27-90
(from Env-A 101.15); ss and moved by #6057-A,
eff 6-30-95 (from Env-A 101.14); renumbered by #8256 (from Env-A 101.52), (see
Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2
at chapter heading); ss by #13105,
eff 9-25-20 (formerly Env-A 101.33)
(see Revision Note #4 at chapter heading for Env-A 100)
Env-A 102.33 “Calorie” means the quantity of heat required
to raise the temperature of one gram of water at or near 4 degrees Celsius (°C)
by one °C.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.14)
New. #5033, eff 12-27-90
(from Env-A 101.16); ss and moved by #6057-A,
eff 6-30-95 (from Env-A 101.15); renumbered by #8256 (from Env-A 101.56), (see
Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2
at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.34) (see Revision Note #4 at chapter heading for
Env-A 100)
Env-A 102.34 “Carbon dioxide equivalent emissions (CO2e)”
means a measurement of the global warming potential of GHGs emitted, determined
by multiplying the mass amount of emissions in tons per year (tpy) of each gas in the pollutant group GHGs by the associated global warming potential
for that gas published at Table A-1 to subpart A of 40 CFR part 98, Global Warming
Potentials, and adding the resultant values to compute a tpy
CO2e for the GHGs.
Source. #9839 eff 12-21-10; ss
by #13105, eff 9-25-20 (formerly Env-A 101.35) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A 102.35 “Carbon monoxide (CO)” means a colorless,
odorless, toxic gas which is produced by incomplete burning of carbon
containing substances.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.15)
New. #5033, 12-27-90 (from Env-A 101.17); ss and
moved by #6057-A, eff 6-30-95 (from
Env-A 101.16); renumbered by #8256 (from Env-A 101.58), (see Revision Note #1 at
chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.35), (see Revision Note #3 at chapter
heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.36) (see Revision Note #4 at chapter heading for
Env-A 100)
Env-A 102.36 “Ceiling limit value” means a concentration of
a regulated air toxic pollutant that if exceeded during any part of a working
exposure, will cause detrimental effects to humans.
Source. #6328, INTERIM, eff
8-24-96, EXPIRED: 12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.61),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.36), (see
Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.37) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A 102.37 “Cement, ready mix concrete, and cement block
source” means any source engaged in the manufacturing or handling of bulk cement,
ready mix cement, or cement blocks.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.17)
New. #5033, eff 12-27-90 (from Env-A 101.19); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.18); renumbered by #8256 (from Env-A 101.62), see Revision Note #1 at
chapter heading; renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.37), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.38) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
102.38 “Certificate of representation”
as used in the definition of “designated representative” means the completed
and signed submission required pursuant to title IV Acid Deposition Control of
the Act and which certifies the appointment of a designated representative
authorized to represent the owner or operator of an acid rain affected source
or an acid rain affected unit with regard to the requirements of title IV Acid
Deposition Control.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.63), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.38), (see
Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.38) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A 102.39 “Chemical Abstract Service (CAS)” means the
service of the American Chemical Society that is used to identify all existing
chemicals through the use of unique numbers.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.16)
New. #5033, eff 12-27-90 (from Env-A 101.18); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.17); renumbered by #8256 (from Env-A 101.64), see Revision Note #1 at
chapter heading; renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.39), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.40) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A 102.40 “Chronic” means an exposure that lasts between
one year and a lifetime in duration.
Source. #6328, INTERIM, eff
8-24-96, EXPIRED: 12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.65),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.40), (see
Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.41) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A 102.41 “Class A major source” means a major source
with a maximum total heat input capacity of 1000 MMBTU per hour or more.
Source. #6469-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.66),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.41), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.42) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A 102.42 “Class B major source” means a major source
with a maximum total heat input capacity of less than 1000 MMBTU per hour.
Source. #6469-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.67),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.42), (see
Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.43) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
102.43 “Clean Air Act (Act)” means the
Clean Air Act, as amended, 42 U.S.C. 7401, et seq.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.18)
New. #5033, eff 12-27-90 (from Env-A 101.20); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.19); renumbered by #8256 (from Env-A 101.68), (see Revision Note #1 at
chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.43), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.44) (see Revision Note #4
at chapter heading for Env-A 100)
Source. #6505-A,
eff 5-1-97; renumbered by #8256 (from Env-A 101.70),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.44), see
Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.45) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A 102.45 “Coal” means “coal” as defined in 40 CFR
60.41, reprinted in Appendix D.
Source. #6519-A,
eff 5-29-97; renumbered by #8256 (from Env-A
101.72), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.45), (see
Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly
Env-A 101.46) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
102.46 “Combustion device” means any
device, including incinerators, boilers, turbines and engines, as well as asphalt
plant dryers and miscellaneous combustion sources, that discharge air
pollutants into the ambient air as a result of a combustion process.
Source. #6983-A,
eff 4-23-99; renumbered by #8256 (from Env-A 101.75),
see Revision Note #1 at chapter heading; renumbered by #8304 (see Revision Note
#2 at chapter heading); renumbered by #9839 (from Env-A 101.46), (see Revision
Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.47) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
102.47 “Combustion products” means
the particulate and gaseous pollutants created by the oxidation or burning of
any material.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.22);
renumbered by #8256 (from Env-A 101.76), (see Revision Note #1 at chapter heading);
renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by
#9839 (from Env-A 101.47), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.48) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
102.48 “Commenced” means
“commenced” as applied to construction of a major emitting facility, and as
defined in section 169(2) of the Act, namely “that the owner or operator has
obtained all necessary preconstruction approvals or permits required by
Federal, State, or local air pollution emissions and air quality laws or
regulations and either has (i) begun, or caused to
begin, a continuous program of physical on-site construction of the facility or
(ii) 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 within a
reasonable time.”
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.23);
renumbered by #8256 (from Env-A 101.77), (see Revision Note #1 at chapter
heading; renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.48), (see
Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly
Env-A 101.49) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A 102.49 “Commissioner” means the commissioner of
the state of New Hampshire department of environmental services.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.79), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.49), (see
Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly
Env-A 101.50) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A 102.50 “Conforming fuel” means any fuel having a
pollutant content that is less than or equal to the applicable pollutant content
limit for that particular fuel.
Source. #6519-A,
eff 5-29-97; renumbered by #8256 (from Env-A
101.81), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.50), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.51) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
102.51 “Consignment” means:
(a)
A shipment of liquid fuel 420,000 gallons and larger; or
(b)
A shipment of coal 8,000 tons and larger.
Source. #6519-A,
eff 5-29-97; renumbered by #8256 (from Env-A 101.82),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note
#2 at chapter heading); renumbered by #9839 (from Env-A 101.51), (see Revision Note
#3 at chapter heading); ss by #13105, eff
9-25-20 (formerly Env-A 101.52)
(see Revision Note #4 at chapter heading for Env-A 100)
Env-A
102.52 “Construction”
means “construction” as defined in section 402 of the Act, namely “fabrication,
erection, or installation of an affected unit.”
In addition, pursuant to section 169(2)(C), “when used in connection
with any source or facility [The definition of the term], includes the modification
(as defined in section 111(a) [of the Act]) of any source or facility.”
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.83), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note at #2 chapter heading); renumbered by #9839 (from Env-A 101.52), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.53) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
102.53 “Continuous Emission Monitoring
System (CEMS)” means “continuous emission
monitoring system” as defined in section 402(7) of the Act, namely “the
equipment as required by section 412 [monitoring, reporting and recordkeeping],
used to sample, analyze, measure, and provide on a continuous basis a permanent
record of emissions and flow (expressed in pounds per million British thermal
units (lbs/mmBtu), pounds
per hour (lbs/hr) or such
other form as the Administrator may prescribe by regulations under section
412).”
Source. #6057-A,
eff 6-30-95; ss by #7845, eff 3-8-03; renumbered by #8256 (from Env-A 101.84),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by
#9839 (from Env-A 101.53), (see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.54) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
102.54 “Control” means
the application of equipment or methods designed to achieve the reductions of
emissions necessary for attainment and maintenance of ambient air quality
standards.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; rpld
by #5033, eff 12-27-90
New. #5033, eff 12-27-90 (from Env-A 101.25); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.24); renumbered by #8256 (from Env-A 101.85), (see Revision Note #1 at
chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.54), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.55) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
102.55 “Council” means
the air resources council of the state of New Hampshire, established pursuant
to RSA 21-O.
Source. #1717, eff 2-19-81; ss
by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90
(see Env-A 101.24)
New. #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.25);
renumbered by #8256 (from Env-A 101.87), (see Revision Note #1 at chapter
heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered
by #9839 (from Env-A 101.55), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.56) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
102.56 “Crude oil”
means a naturally-occurring hydrocarbon mixture,
generally in liquid state, that typically also contains other organic and
inorganic compounds.
Source. #6519-A,
eff 5-29-97; renumbered by #8256 (from Env-A 101.89),
(see Revision Note #1 at chapter heading); renumbered by #8304, (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.56), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.57) (see Revision Note #4 at chapter heading for Env-A 100)
PART Env-A 103 DEFINITIONS: D THROUGH L
Env-A
103.01 “De minimis
emission level” means an uncontrolled emission rate
that is in compliance with an associated ambient air
limit.
Source. #6739-A,
eff 5-8-98; ss and renumbered by #8256, eff 1-14-05 (from Env-A 101.90), (see
Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2
at chapter heading); renumbered by #9839 (from Env-A 101.57), (see Revision
Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.58) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.02 “Deem complete” means to make a
determination that an application contains the components of an
application package required by the department in order to be subjected to
review as an application for a particular permit. It does not mean that the information so provided
is correct, relevant, or entire, or that the department will not require
additional information in order to make a final
determination as to the issuance of said permit.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.91), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.58), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.59) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
103.03 “Demolition” means
the wrecking or taking out of any load-supporting structural member of a
facility together with any related handling operation or the intentional
burning of any facility.
Source. #6482-A,
eff 4-1-97; renumbered by #8256 (from Env-A 101.92),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.59), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.60) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.04 “Designated representative” means
any of the following:
(a)
“Responsible official” as defined in Env-A 104;
(b)
“Designated representative” as defined in section 402(26) of the Act,
namely “a responsible person or official authorized by the owner or operator of
a unit to represent the owner or operator in matters pertaining to the holding,
transfer, or disposition of allowances allocated to a unit, and the submission
of and compliance with permits, permit applications, and compliance plans for
the unit”; or
(c)
In matters pertaining to the requirements of title IV Acid Deposition
Control, a person who is authorized by the owner or operator of an acid rain
affected source, or all acid rain affected units at such an affected source, as
those terms are defined by federal law, as evidenced by a certificate of
representation, to represent or legally bind the owner or operator in matters
of federal law, including but not limited to the following:
(1) The holding, transfer, or disposition of
allowances allocated to an acid rain affected unit; and
(2) The submission of, or compliance with, permits,
permit applications, compliance plans, emission monitoring plans, continuous
emissions monitor (CEM) and continuous opacity monitor (COM) certification
notifications, CEM and COM certification and applications, quarterly monitoring
and emission reports, and annual compliance certifications.
Source. #6057-A,
eff 6-30-95; ss and renumbered by #8256, eff 1-14-05 (from Env-A 101.93), (see
Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2
at chapter heading); renumbered by #9839 (from Env-A 101.60), (see Revision
Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.61) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.05 “Developmental effect” means
an adverse effect on a developing organism that results or that can result from
exposure to either parent prior to conception, exposure to the organism during
prenatal development, or exposure to the organism at any time during postnatal
development to the time of sexual maturation.
Such effects can be detected at any point in the life span of the
organism. Manifestations of such effects
can include death of the developing organism, structural abnormality, altered
growth, or functional deficiency.
Source. #6328, INTERIM, eff
8-24-96, EXPIRED: 12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.94),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.61), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.62) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
103.06 “Device” means
either of the following depending on the purpose for its use:
(a)
For purposes of RSA 125-C, “device” means “device which contributes to
air pollution” as defined in RSA 125-C:2, VI, reprinted in Appendix C; or
(b)
For purposes of RSA 125-I, “device” means “device” as defined in RSA
125-I:2, IX, reprinted in Appendix C.
Source. #1717, eff 2-19-81; amd by #1829, eff 10-12-81; ss by #2332, eff 4-29-83; ss by
#2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.26); ss by #6328, INTERIM, eff 8-24-96,
EXPIRED: 12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.95),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.62), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.63) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.07 “Diesel engine” means
any engine using diesel oil as a fuel and having compression ignition.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.27);
renumbered by #8256 (from Env-A 101.96), (see Revision Note #1 at chapter heading);
renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by
#9839 (from Env-A 101.63), (see Revision Note #3 at chapter heading); ss by #13105, eff
9-25-20 (formerly Env-A 101.64)
(see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.08 “Director” means the director of the state New
Hampshire, department of environmental services, air resources division.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.28);
renumbered by #8256 (from Env-A 101.99), (see Revision Note #1 at chapter
heading; renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.64), see Revision Note #3 at chapter
heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.65) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.09 “Division” means
the air resources division of the state of New Hampshire department of
environmental services.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.30)
New. #5033, eff 12-27-90;
ss and moved by #6057-A, eff
6-30-95 (from
Env-A 101.29); renumbered by #8256 (from Env-A 101.100), (see Revision Note #1 at
chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.65), (see Revision Note #3 at chapter
heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.66) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.10 “Draft permit” means the version of a title V
operating permit available for purposes of public notice and affected state
review.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.101), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.66), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly Env-A
101.67) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A 103.11 “Emergency
generator” means
a stationary internal combustion engine or stationary combustion turbine which
operates as a mechanical or electrical power source only during an emergency,
as defined in Env-A 1302, or during periods of testing and scheduled
maintenance. The term does not
include an engine for which the owner or operator of such engine is party to
any other agreement to sell electrical power from such engine to an electricity
supplier, or otherwise receives any reduction in the cost of electrical power for
agreeing to produce power during periods of reduced voltage or reduced power availability.
Source. #9119-A,
eff 4-3-08; renumbered by #9839 (from Env-A 101.661),
(see Revision Note #3 at chapter heading); ss by #12583, eff 8-15-18; ss by #13105,
eff 9-25-20 (formerly Env-A 101.671)
(see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.12 “Emergency motor vehicle” means
any motor vehicle used by personnel of a fire, police, ambulance, or other
emergency response unit, or public utility emergency response unit, in the
performance or maintenance of their duties to protect public health, safety,
and welfare. This term includes the
following types of motor vehicles:
(a)
Those
under government control for the removal of snow;
(b)
Those
used for towing or servicing of other emergency motor vehicles; and
(c)
Those used to respond to threats to public health, safety
and welfare.
Source. #6343-A,
eff 9-28-96; renumbered by #8256 (from Env-A
101.104), (see Revision Note #1 at chapter heading; renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.67), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.68) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
103.13 “Emission” means “emission” as
defined in RSA 125-C:2, VIII, reprinted in Appendix C.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.33)
New. #5033, eff 12-27-90 (from Env-A 101.30); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.31); renumbered by #8256 (from Env-A 101.105), (see Revision Note #1 at
chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.68), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.69) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
103.14 “Emissions allowable under the
permit” means “emissions allowable under the
permit” as defined in 40 CFR
70.2, reprinted in Appendix D.
Source. #6057-A,
eff 6-30-95; ss and renumbered by #8256, eff 1-14-05 (from Env-A 101.106), (see
Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2
at chapter heading); renumbered by #9839 (from Env-A 101.69), (see Revision Note
#3 at chapter heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.70) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.15 “Emission inventory” means
the source, process, and process equipment inventory and emission reports
required to be submitted annually to the department for all sources of an air
contaminant and, the source, process, and emission data for stationary, area,
and mobile sources upon which the department evaluates air quality and prepares
and periodically updates the state implementation plan.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.107), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.70), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.71) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.16 “Emission limitation” means
“emission limitation” as defined in § 302(k) of the Act, namely “a requirement established
by the State or the Administrator which limits the quantity, rate, or
concentration of emissions of air pollutants on a continuous basis, including
any requirement relating to the operation or maintenance of a source to assure
continuous emission reduction and any design, equipment work practice or operational
standard promulgated under this Act.”
This term includes “emission standard”.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.108), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.71), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.72) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.17 “Emissions unit” means
“emissions unit” as defined in 40 CFR 70.2, reprinted in Appendix D.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.110), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.72), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly Env-A
101.73) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.18 “EPA” means
the United States Environmental Protection Agency.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.34)
New. #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.32);
renumbered by #8256 (from Env-A 101.113), (see Revision Note #1 at chapter
heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.7), (see Revision Note #3 at chapter
heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.74) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
103.19 “Excess emissions” means an air emission rate which
exceeds any applicable emission limitation.
Source. #6983-A,
eff 4-23-99; renumbered by #8256 (from Env-A
101.115), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.74), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.75) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.20 “Existing source”
means any stationary source other than a new source.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.118), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.75), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.76) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.21 “Facility” means,
for the purpose of RSA 125-C and RSA 125-I, a stationary source.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90
(see Env-A 101.37)
New. #5033, eff 12-27-90 (from Env-A 101.35); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.36); ss by #6482-A, eff 4-1-97; ss and renumbered
by #8256, eff 1-14-05 (from Env-A
101.120), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.76), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.77) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.22 “Federal implementation plan” means
“federal implementation plan” as defined in section 302(y) of the Act, namely “a
plan (or portion thereof) promulgated by the Administrator to fill all or a portion
of a gap or otherwise correct all or a portion of an inadequacy in a State
implementation plan, and which includes enforceable emission limitations or
other control measures, means or techniques (including economic incentives,
such as marketable permits or auctions of emissions allowances), and provides
for attainment of the relevant national ambient air quality standard.”
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.122),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.78), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.78) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.23 “Federally enforceable” means all
limitations and conditions that are enforceable by the administrator, including
those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements
within the state implementation plan, permit requirements established pursuant
to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51, Subpart I
including operating permits issued under an EPA approved program that is
incorporated into the SIP and expressly requires adherence to any permit issued
under such program.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.123), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.78), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.79) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
103.24 “Ferrous foundry” means
a source used for melting or refining ferrous metals such as iron that is
constructed of numerous parts, including but not limited to furnaces, checkers,
flues, stacks, tuyeres, fans, blowers, tapping spouts, charging equipment, gas
cleaning devices, and other auxiliaries.
The term includes all types of foundry furnaces, including but not limited
to cupola, rotary, reverberatory, electric, air, open hearth, and crucible.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.38)
New. #5033, eff 12-27-90 (from Env-A 101.36); ss
and moved by #6057-A, eff 6-30-95
(from Env-A 101.37); renumbered by #8256 (from Env-A 101.124), (see Revision
Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter
heading); renumbered by #9839 (from Env-A 101.80), (see Revision Note #3 at
chapter heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.80) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.25 “Final action” means
the issuance or denial of the proposed permit by the department.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.125), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.80), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.81) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.26 “Final permit” means:
(a)
For the purposes
of these rules, “final permit” as defined in 40 CFR 70.2, reprinted in Appendix
D; and
(b)
For the purposes
of RSA 125-C:11, III, a “state permit to operate” as defined in Env-A 105.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.126), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.81), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.82) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.27 “Flue gas”
means the products of combustion that leaves a combustion device by way of a flue or stack.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90
(see Env-A 101.39)
New. #5033, eff 12-27-90 (from Env-A 101.37); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.38); renumbered by #8256 (from Env-A 101.127), (see Revision Note #1 at
chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.83), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.83) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.28 “Foundry” means
the equipment used for the processing of metals, including but not limited to handling
and preparing raw materials, producing metal molds and cores, and melting, casting and finishing metals.
Source. #6428-A,
eff 1-18-97; renumbered by #8256 (from Env-A
101.129), see Revision Note #1 at chapter heading; renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.83), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.84) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.29 “Fuel” means
any form of combustible matter such as solid, liquid, vaporous, or gaseous
matter.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.41)
New. #5033, eff 12-27-90 (from Env-A 101.39); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.40); renumbered by #8256 (from Env-A 101.131), (see Revision Note #1 at
chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.84), (see Revision
Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.85) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.30 “Fuel burning device” means
any device engineered to burn fuel for the primary purpose of producing heat
or power.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.42)
New. #5033, eff 12-27-90 (from Env-A 101.40); ss
and moved by #6057-A, eff 6-30-95
(from Env-A 101.41); renumbered by #8256 (from Env-A 101.132), (see Revision
Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at
chapter heading); renumbered by #9839 (from Env-A 101.85), (see Revision Note
#3 at chapter heading); ss by #13105, eff 9-25-20
(formerly Env-A 101.86) (see
Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.31 "Fuel supplier" means
any person selling fuel to an owner or operator of a source in New Hampshire.
Source. #6519-A,
eff 5-29-97; renumbered by #8256 (from Env-A
101.133), (see Revision Note #1 at chapter heading); renumbered by #8304, (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.86), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.87) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.32 “Fugitive dust” means particulate matter emitted
due to the forces of wind, human activity, or both,
including but not limited to particulate matter emitted from haul roads, wind
erosion of exposed surfaces and storage piles, and other removal, storage,
transportation, or redistribution activities.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.43)
New. #5033, eff 12-27-90 (from Env-A 101.41); ss
and moved by #6057-A, eff 6-30-95
(from Env-A 101.42); ss by #7839, eff
3-1-03; renumbered by #8256 (from Env-A 101.134), (see Revision Note #1 at
chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.87), (see Revision Note #3 at chapter
heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.88) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.33 “Fugitive emissions” mean
“fugitive emissions” as defined in 40 CFR 70.2, reprinted in Appendix D.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90
(see Env-A 101.44)
New. #5033, eff 12-27-90 (from Env-A 101.42); ss and
moved by #6057-A, eff 6-30-95 (from
Env-A 101.43); renumbered by #8256 (from Env-A 101.135), (see Revision Note #1 at
chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.88), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.89) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.34 “Fumes” mean
very small particles, often metals or metallic oxides, resulting from chemical reactions
or from the condensation of vapors produced in combustion, distillation, or
sublimation, which may have a compositions that
differs from that of the parent material from which the fumes originate.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.45)
New. #5033, eff 12-27-90 (from Env-A 101.43); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.44); renumbered by #8256 (from Env-A 101.136), (see Revision Note #1 at
chapter heading); renumbered by #8304 (see Revision Note #2) at chapter heading; renumbered by #9839 (from Env-A 101.89), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.90) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
103.35 “Gases” mean formless fluids that under
standard conditions occupy the space of an enclosure and
that can be changed to a liquid or solid state only by the increase or decrease
of pressure or temperature.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.46)
New. #5033, eff 12-27-90 (from Env-A 101.44); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.45); renumbered by #8256 (from Env-A 101.137), (see Revision Note #1 at
chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.90), (see Revision Note #3 at chapter
heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.91) (see Revision Note #4 at chapter heading for Env-A 100);
Env-A
103.36 “General permit” means
“general permit” as defined in 40 CFR 70.2, reprinted in Appendix D.
Source.
#6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.138), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.91), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.92) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
103.37 “General state permit” means a permit that the owner or
operator of a source can choose to operate under in lieu of a state permit to
operate.
Source. #6782-A,
eff 6-30-98; renumbered by #8256 (from Env-A
101.139), see Revision Note #1 at chapter heading; renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.92), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.93) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.38 “Good boiler operating practice” means
the operation of a boiler to maximize efficiency and safety of
the unit. The term includes but is not
limited to the following activities:
(a)
Operation of the boiler in an efficient manner consistent with the
procedures set forth in “Combustion Efficiency Tables” dated 1991, published by
Fairmont Press, specifically Chapter 3 titled “The ASME/ANSI Boiler
Test Code, The Basis of Measuring Efficiency” and Chapter 5 titled “Boiler Tuneup”;
(b)
Operation
of the boiler in such a manner as to maximize safety of all personnel;
(c)
Operation
of the boiler in such a manner so as to minimize, as much as possible, total
pollutant emissions;
(d)
Operation
of the boiler such that there is no danger to public health; and
(e)
The adherence to operation and maintenance procedures that enhance,
promote, or maintain the good physical condition of the boiler and associated
equipment.
Source. #6505-A,
eff 5-1-97; renumbered by #8256 (from Env-A 101.142),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.93), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.94) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
103.39 “Grate cleaning” means the process of performing
on-line mechanical cleaning of a grate section of a boiler for the purpose of
removing boiler ash and slag deposits.
Source. #6505-A,
eff 5-1-97; renumbered by #8256 (from Env-A 101.143),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.94), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.95) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
103.40 “Greenhouse gases (GHGs)” means the group of 6 gases that, when emitted to the ambient air, act as a shield to trap heat in the earth’s
atmosphere. The group is comprised of carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
Source. #9839 eff 12-21-10; ss by #13105, eff 9-25-20 (formerly Env-A 101.96) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
103.41 “Hazardous air pollutant”
means any air pollutant listed in section 112(b) of the Act.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.144),
(see Revision Note #1 at chapter heading); renumbered by #8304, (see Revision Note
#2 at chapter heading); renumbered by #9839 (from Env-A 101.95), (see Revision
Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.97) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
103.42 “Heat release” means
the amount of heat liberated by the complete combustion of a given unit of
specific material from the inside volume of the furnace in which the combustion
takes place, expressed as calories per second per cubic meter or BTUs per hour
per cubic foot.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.48)
New. #5033, eff 12-27-90 (from Env-A 101.46); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.47); renumbered by #8256 (from Env-A 101.145), (see Revision Note #1 at
chapter heading); renumbered by #8304, (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.96), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.98) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.43 “Heating values” mean
the calories or BTUs released by the combustion of a given unit of specific
fuel or waste.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (from Env-A 101.49)
New. #5033, eff 12-27-90 (from Env-A 101.47); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.48); renumbered by #8256 (from Env-A 101.146), (see Revision Note #1 at
chapter heading); renumbered by #8304, (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.97), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.99) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
103.44 “High ozone season” means
the period from June 1 through August 31 of any given calendar year.
Source. #6983-A,
eff 4-23-99; renumbered by #8256 (from Env-A 101.148),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note
#2 at chapter heading); renumbered by #9839 (from Env-A 101.98), (see Revision
Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.100) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
103.45 “Hot mix asphalt plant” means
any facility, including all equipment, used for the manufacture of asphalt by
heating and drying aggregate and asphalt concrete. The term “equipment” as used in this
definition includes but is not limited to burners, dryers, elevators,
conveyors, screens, mixers, weighing equipment, bins, and air pollution control
equipment.
Source. #6428-A,
eff 1-18-97; renumbered by #8256 (from Env-A 101.149),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.99), (see Revision
Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.101) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
103.46 “HVAC systems” means
heating, ventilation, and air conditioning system(s).
Source. #6482-A,
eff 4-1-97; renumbered by #8256 (from Env-A 101.150),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.100), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.102) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
103.47 “Hydrocarbons” means
compounds consisting of atoms of carbon and hydrogen that exist in the ambient
air in gaseous state at standard conditions.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.50)
New. #5033, eff 12-27-90 (from Env-A 101.48); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.49); renumbered by #8256 (from Env-A 101.151), (see Revision Note #1 at
chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.101), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.103) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A 103.48 “Incinerator” means a device
engineered to burn or oxidize solid, semi-solid, liquid, or gaseous waste for
the primary purpose of volume reduction, disposal, or chemical destruction,
leaving little or no combustible material.
The term includes, but is not limited to, heat recovery systems and wood
waste burners.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.51)
New. #5033, eff 12-27-90 (from Env-A 101.49); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.50); renumbered by #8256 (from Env-A 101.152), (see Revision Note #1 at
chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.102), (see
Revision Note #3 at chapter heading); ss
by #10316, eff 4-23-13; ss
by #13105, eff 9-25-20 (formerly Env-A 101.104) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
103.49 “Interactive source” means
any stationary source, area source, or device that is:
(a) Located beyond the
property boundaries of a source or device that is required to perform an air
pollution dispersion modeling analysis; and
(b)
Emits
any of the same air pollutants, except for hazardous air pollutants or toxic
air pollutants, as the source or device required to perform such analysis.
Source. #6342-A,
eff 9-28-96; renumbered by #8256 (from Env-A
101.154), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.103),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.105) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
103.50 “Investment casting operation” means a ceramic or metal casting
process that is used to make reproductions of sculptured pieces and is adapted
for the manufacture of precision metal parts using the lost wax process.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.53)
New. #5033, eff 12-27-90 (from Env-A 101.51); ss and
moved by #6057-A, eff 6-30-95 (from
Env-A 101.52); ss by #6428-A, eff 1-18-97;
renumbered by #8256 (from Env-A 101.155), (see Revision Note #1 at chapter
heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.104), (see Revision Note #3 at chapter heading);
ss by
#13105, eff 9-25-20 (formerly
Env-A 101.106) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.51 “Issue” means
to send out officially, such as a decision, by mailing copies, posting on a web
site, or otherwise publishing.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.156), (see Revision Note #1 at chapter heading; renumbered by #8304, see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.105),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.107) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
103.52 “Kraft mill” means any
pulping process that uses an alkaline sulfide solution containing sodium
hydroxide and sodium sulfide as a cooking liquor.
Source.
#1717, eff
2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by
#5033, eff 12-27-90 (see Env-A 101.54)
New. #5033, eff 12-27-90 (from Env-A 101.52); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.53); renumbered by #8256 (from Env-A 101.157), (see Revision Note #1 at
chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.106), (see
Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.108) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
103.53 “Lead (Pb)”
means a bluish-gray metallic chemical element, atomic number 82.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.55)
New. #5033, eff 12-27-90 (from Env-A 101.53); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.54); renumbered by #8256 (from Env-A 101.159), (see Revision Note #1 at
chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.107), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.109) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
103.54 “Lethal concentration fifty
(LC50)” means a calculated concentration of an air
pollutant that designates the level at which inhalation of such pollutant for a
specified time is expected to cause the death of 50% of an entire experimental
animal population.
Source. #6328, INTERIM, eff
8-24-96, EXPIRED: 12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A
101.160), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.108),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.110) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
103.55 “Lethal dose fifty (LD50)” means
a calculated oral or dermal dose of an air pollutant that is expected to cause
the death of 50% of an entire experimental animal population.
Source. #6328, INTERIM, eff
8-24-96, EXPIRED: 12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A
101.161), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.109),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.111) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
103.56 “Lime kiln” means
a unit used to calcine lime mud, which is the process of heating calcium carbonate
in the lime mud to a high temperature, without fusing, in
order to drive off the carbon dioxide and to produce calcium oxide.
Source. #6724-A,
eff 3-28-98; renumbered by #8256 (from Env-A
101.162), see Revision Note at #1 chapter heading; renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.110),
see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.112) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
103.57 “Lowest Achievable Emission Rate
(LAER)” means “lowest achievable emission rate” as
defined in section 171 of the Act, namely “for any source, that rate of
emissions which reflects:
(a)
The most stringent emission limitation which is contained in the
implementation plan of any State for such class or category
of source, unless the owner or operator of the proposed source demonstrates
that such limitations are not achievable; or
(b)
The most stringent emission limitation which is achieved in practice by
such class or category of source, whichever is more stringent."
Source.
#1717, eff
2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by
#5033, eff 12-27-90 (see Env-A 101.56)
New. #5033, eff 12-27-90 (from Env-A 101.54); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.55); renumbered by #8256 (from Env-A 101.163), (see Revision Note #1 at
chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.111), (see
Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.113) (see Revision Note #4
at chapter heading for Env-A 100)
PART
Env-A 104 DEFINITIONS: M THROUGH R
Env-A
104.01 “Major fuel company” means
all oil and coal companies that supply 10% or more of the annual fuel offered
for use or sale within the state of New Hampshire in any calendar year.
Source.
#6519-A,
eff 5-29-97; renumbered by #8256 (from Env-A
101.167), (see Revision Note #1 at chapter heading; renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.113),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.114) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A 104.02 “Major source” means a stationary
source that has been identified as meeting a specified threshold for producing
pollutants of concern. The term
includes:
(a)
“Acid rain affected source” as defined in this part;
(b)
“Major source” as defined in 40 CFR 70.2, July 1, 2014 edition,
reprinted in Appendix D, including the following:
(1) Any
source with the potential to emit nitrogen oxides in the following counties and
specific quantities:
a. In
Belknap, Carroll, Cheshire, Coos, Grafton, or Sullivan counties, 100 tpy or more; or
b. In
Hillsborough, Merrimack, Rockingham, or Strafford counties, 50 tpy or more; or
(2) Any
source with the potential to emit volatile organic compounds in the quantity of
50 tpy or more; and
(c) For purposes of Env-A 619, a major stationary source
as defined in the federal definition cited in Env-A 619.03(a) or (b), as
applicable.
Source. #6057-A,
eff 6-30-95; amd by #7845, eff 3-8-03; renumbered
by #8256 (from Env-A 101.168), (see Revision Note #1 at chapter heading);
renumbered by #8304 (see Revision Note #2 at chapter heading); ss and renumbered by #9839, eff 12-21-10
(from Env-A 101.113), (see Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.115) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
104.03 “Malfunction” means
“malfunction” as defined in 40 CFR 60.2, reprinted in Appendix D.
Source. #6428-A,
eff 1-18-97; renumbered by #8256 (from Env-A
101.169), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.114),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.116) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.04 “Manufactured gas” means
a mixture of gaseous hydrocarbons that can include propane, propylene, butane,
butylene, or isobutane, or any combination thereof, mixed in any proportion with
each other or
with air, that is produced by separating hydrocarbons of greater density from
natural gas or oil-refinery gas.
Source.
#6519-A,
eff 5-29-97; renumbered by #8256 (from Env-A
101.170), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.115),
(see Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.117) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
104.05 “Maximum achievable control technology
(MACT)” means the technology required by amended
section 112 of the Act for major sources of listed hazardous air pollutants,
reflecting the maximum degree of emissions reductions achievable, taking into account availability, cost, and other factors.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.171), see Revision Note #1 at chapter heading; renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.116),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.118) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A 104.06 “Minor permit amendment” means a change to a permit condition in a temporary
permit or a state permit to operate issued to a source or device which does not:
(a) Result in an increase in the amount of a specific air pollutant emitted by the
source or device;
(b) Result in the emission of any additional air pollutant; or
(c) Necessitate the use of permit notice and hearing procedures.
Source. #6057-A,
eff 6-30-95; ss by #7885, eff 5-3-03; renumbered
by #8256 (from Env-A 101.174), see Revision Note #1 at chapter heading;
renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.117), see Revision
Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.119) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A 104.07 “Minor
permit modification” means a revision
to a title V operating permit that:
(a) Does not violate any applicable requirement;
(b) Does not involve significant changes to
existing monitoring, reporting, or recordkeeping requirements in the permit;
(c)
Does not require or change a case-by-case determination of an emission limitation
or other standard, or a source-specific determination for temporary sources of
ambient impacts, or a visibility or increment analysis;
(d)
Does not seek to establish or change a permit term or condition for
which there is no corresponding underlying applicable requirement and that
the source has assumed to avoid an applicable requirement to which the source
would otherwise be subject. Such terms
and conditions include:
(1) A federally enforceable emissions cap assumed
to avoid classification as a modification under any provision of title I; and
(2) An alternative emissions limit approved
pursuant to regulations promulgated under section 112(i)(5)
of the Act;
(e)
Is not a modification under any provision of title I of the Act; and
(f) Is not required by rules in Env-A 600 to be
processed as a significant modification.
Source. #6057-A,
eff 6-30-95; ss by #7885, eff 5-3-03;
renumbered by #8256 (from Env-A 101.175), (see Revision Note #1 at chapter
heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.118), (see
Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.120) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.08 “Mobile source” means
any source involving motor vehicular activity.
Source. #1717, eff 2-19-81; ss by #1734, eff 3-25-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90
(see Env-A 101.55); ss and moved by #6057-A,
eff 6-30-95 (from Env-A 101.56); renumbered by #8256 (from Env-A 101.176), (see
Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2
at chapter heading); renumbered by #9839 (from Env-A 101.119), (see Revision
Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.121) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.09 “Modification” means
either of the following depending on the purpose for its use:
(a)
For purposes of RSA 125-C, “modification” means any physical or
operational change in a stationary source or device that increases
the amount of a specific air pollutant emitted by such source or device, or that
results in the emission of any additional air pollutant, but does not include:
(1) Routine maintenance, repair, and replacement;
(2) Use of an alternative fuel or raw material by
a stationary source that the source was capable of using before February 1,
l973 unless prohibited by an enforceable permit condition;
(3) Use of an alternative fuel derived from
municipal solid waste in a steam generating unit; or
(4) An increase in the hours of operation or in
the production rate unless prohibited by an enforceable permit condition; or
(b)
For purposes of RSA 125-I, “modification” means “modification” as
defined in RSA 125-I:2, X, reprinted in Appendix C.
Source. #1717, eff 2-19-81; ss
by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.58)
New. #5033, eff 12-27-90
(from Env-A 101.56); ss and moved by #6057-A,
eff 6-30-95 (from Env-A 101.57); ss by #6328, INTERIM, eff 8-24-96, EXPIRED:
12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A
101.177), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.120) (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.122) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.10 “Motor vehicle” means
an on-road vehicle powered by an internal combustion engine. This term includes motorcycles and emergency
motor vehicles. For purposes of this
definition, "on-road vehicle" means any vehicle which is authorized
to operate on public roads.
Source. #1717, eff 2-19-81; rpld by #1923, eff 1-18-82; ss by #2332, eff 4-29-83; ss by
#2938, eff 12-27-84; ss by #5033, eff 12-27-90
New. #5033, eff 12-27-90 (from Env-A 101.57); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.58); ss by #6343-A, eff 9-28-96; renumbered by
#8256 (from Env-A 101.178), (see Revision Note #1 at chapter heading);
renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by
#9839 (from Env-A 101.121), (see Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.123) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
104.11 “Mutagenic” means
the ability of a chemical to cause a change in the genetic material in the
nucleus of a cell in a way that can be transmitted during cell division.
Source. #6328, INTERIM, eff
8-24-96, EXPIRED: 12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A
101.182), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.122),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.124) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.12 “National Ambient Air Quality Standards
(NAAQS)” mean the maximum air pollutant levels set
by EPA, which if attained, allow an adequate margin of safety to protect human
health.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.183), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.123), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.125) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.13 “New source” means
“new source” as defined by the following:
(a)
For purposes of New Source Performance Standards, section 111(a)(2) of
the Act, namely “any stationary source, the
construction or modification of which is commenced after the publication of regulations
(or, if earlier, proposed regulations) prescribing a standard of performance
under this section which will be applicable to such source”; or
(b)
For
purposes
of Hazardous Air Pollutants, section 112 of the Act, namely “a stationary
source the construction or reconstruction of which is commenced after the Administrator
first proposes regulations under this section establishing an emission standard
applicable to such source.”
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.185), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.124),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.126) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.15 “New Source Review (NSR)” means
a program for reviewing major sources and modifications prior
to construction
in nonattainment or PSD areas.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.186),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.125), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.127) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.16 “Nitrogen Oxide (NOx)” means
a gaseous mixture of which the most significant components are nitric oxide
(NO), a colorless, poisonous gas obtained by oxidation of nitrogen or ammonia,
and nitrogen dioxide (NO2), a brownish to yellowish, poisonous gas.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.60);
renumbered by #8256 (from Env-A 101.189), (see Revision Note #1 at chapter
heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.127), (see Revision Note #3 at chapter
heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.129) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
104.17 “Non-attainment area” means
an area which has been shown by monitored data or calculated by air quality
modeling to exceed a New Hampshire or national ambient air quality standard for
a specific pollutant.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.61);
renumbered by #8256 (from Env-A 101.190), (see Revision Note #1 at chapter
heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered
by #9839 (from Env-A 101.128), see Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.130) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
104.18 “Non-conforming fuel” means
any fuel that has a pollutant content that exceeds the applicable pollutant
content limit for that particular fuel.
Source. #6519-A,
eff 5-29-97; renumbered by #8256 (from Env-A
101.191), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.129),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.131) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.19 “Non-ferrous
foundry” means any facility used for melting or
alloying non-ferrous metals such as brass, bronze, or zinc, which is
constructed of numerous parts, including but not limited to, furnaces,
checkers, flues, stacks, tuyeres, fans, blowers, tapping spouts, charging
equipment, gas cleaning devices, and other auxiliaries. The term includes all types of foundry furnaces,
including as rotary, reverberatory, induction, crucible, and kettle.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.62);
renumbered by #8256 (from Env-A 101.192), (see Revision Note #1 at chapter heading);
renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by
#9839 (from Env-A 101.130), (see Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.132) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
104.20 “Nuisance” means anything that annoys or disturbs
the free use of property, or renders its ordinary use
or physical occupation uncomfortable.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.63);
renumbered by #8256 (from Env-A 101.193), (see Revision Note #1 at chapter heading);
renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by
#9839 (from Env-A 101.133), (see Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.133) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
104.21 “Occupational exposure limit (OEL)” means the time-weighted average
concentration of an airborne substance to which most workers can be exposed
during a conventional workday and workweek, throughout a working lifetime, with
no anticipated adverse health impact.
Source. #6739-A,
eff 5-8-98; renumbered by #8256 (from Env-A 101.194),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note
#2 at chapter heading); renumbered by #9839 (from Env-A 101.132), (see Revision
Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.134) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.22 “Off-permit change” means a
change that is not addressed or prohibited by a title V operating permit.
Source. #6057-A,
eff 6-30-95; ss and renumbered by #8256, eff 1-14-05 (from Env-A 101.195), (see
Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2
at chapter heading); renumbered by #9839 (from Env-A 101.133), (see Revision
Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.135) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.23 “Opacity” means
the degree to which emissions reduce the transmission of light and obscure the view
of an object in the background.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.64);
renumbered by #8256 (from Env-A 101.198), (see Revision Note #1 at chapter
heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.134), (see Revision Note #3 at chapter
heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.136) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
104.24 “Owner or operator” means
“owner or operator” as defined in 40 CFR 51.100(f), reprinted in Appendix
D.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.66);
renumbered by #8256 (from Env-A 101.200), (see Revision Note #1 at chapter
heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered
by #9839 (from Env-A 101.135), (see Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.137) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
104.25 “Ozone (O3)” means
the most prevalent compound of those compounds called photochemical oxidants,
that result from a complex series of atmospheric reactions initiated by being
exposed to the ultraviolet component of sunlight.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.67);
renumbered by #8256 (from Env-A 101.201), (see Revision Note #1 at chapter
heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered
by #9839 (from Env-A 101.136), (see Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.138) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
104.26 “Particulate matter” means any material, except
uncombined water, that is or has been suspended in air or other
gases and that exists in a finely divided form as a liquid or solid at standard
conditions.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.68);
renumbered by #8256 (from Env-A 101.203), (see Revision Note #1 at chapter
heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.139), (see Revision Note #3 at chapter
heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.139) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.27 “Permit deviation” means any occurrence that results
in an excursion from any emission limitation, operating condition,
or work practice standard as specified in either a title V permit, state permit
to operate, or temporary permit issued by the department.
Source. #6983-A,
eff 4-23-99; renumbered by #8256 (from Env-A
101.204), (see Revision Note #1 at chapter heading); renumbered by #8304, (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.138),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.140) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.28 “Permitting
authority” means
the state of New Hampshire department of environmental services, acting through
its division of air resources.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.205), (see Revision Note #1 at chapter heading; renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.139),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.141) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.29 “Person”
means “person” as defined in RSA 125-C:2, X,
reprinted
in Appendix C.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.69);
renumbered by #8256 (from Env-A 101.206), (see Revision Note #1 at chapter
heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.140), (see Revision Note #3 at chapter heading);
ss by #13105, eff 9-25-20 (formerly Env-A 101.142) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.30 “Plant” means
a stationary source.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.70);
renumbered by #8256 (from Env-A 101.207), (see Revision Note #1 at chapter
heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.141), (see Revision Note #3 at chapter
heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.143) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.31 “PM10” means “PM10”
as defined in 40 CFR 51.100(qq), reprinted in
Appendix D.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.208), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.142),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.144) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.32 “Pollution control equipment” means “pollution control equipment”
as defined in RSA 125-I:2, XI, reprinted in Appendix C.
Source. #6328, INTERIM, eff
8-24-96, EXPIRED: 12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.209),
(see Revision Note #1 at chapter heading); renumbered by #8304, (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.143), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.145) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.33 “Portland cement plant” means
any source manufacturing a type of hydraulic cement in the form of a finely
divided gray powder composed of lime, alumina, silica, and iron oxide.
Source. #6428-A,
eff 1-18-97; renumbered by #8256 (from Env-A 101.210),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note
#2 at chapter heading); renumbered by #9839 (from Env-A 101.144), (see Revision
Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.146) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.34 “Potential to emit”
means “potential to emit” as defined in 40 CFR 70.2, reprinted in Appendix D.
Source. #1717, eff 2-19-81; amd
by #1863, eff 11-16-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss
by #5033, eff 12-27-90; ss and moved by
#6057-A, eff 6-30-95 (from Env-A 101.71); renumbered by #8256 (from Env-A
101.211), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.145),
(see Revision Note #3 at chapter heading); ss by #13105,
eff 9-25-20 (formerly Env-A 101.147)
(see Revision Note #4 at chapter heading for Env-A 100)
Env-A
104.35 “Prevention” means to
meet or satisfy in advance.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.72);
renumbered by #8256 (from Env-A 101.212), (see Revision Note #1 at chapter
heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered
by #9839 (from Env-A 101.148), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.148) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.36 “Prevention of Significant
Deterioration (PSD)” means the program under title I of
the Act that limits emissions increases in areas where NAAQS are already met.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.213), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.147),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.149) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.37 “Process”
means either of the following depending on
the purpose for its use:
(a)
For purposes of RSA 125-C, “process” means any operation that combines
devices, equipment, raw materials, utilities, and manpower
for the production of goods, services, energy,
pollution control, or other purposes; or
(b)
For purposes of
RSA 125-I, “process” means “process” as defined in RSA 125-I:2, XII, reprinted
in Appendix C.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90;
ss and moved by #6057-A, eff 6-30-95 (from
Env-A 101.73); ss by #6328, INTERIM,
eff 8-24-96, EXPIRED: 12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A
101.214), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.148),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.150) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.38 “Process weight” means the total weight of all
materials, including solid fuel charged, less the weights of uncombined water
introduced into any source operation.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
amd by #2459, eff 8-31-83; ss by #2938, eff 12-27-84;
ss by #5033, eff 12-27-90; ss and moved by #6057-A,
eff 6-30-95 (from Env-A 101.74);
renumbered by #8256 (from Env-A 101.216), (see Revision Note #1 at chapter heading);
renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by
#9839 (from Env-A 101.149), (see Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.151) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
104.39 “Process
weight rate” means the smallest value obtained
by computing either of the following:
(a)
For a continuous
or long-run, steady-state source operation, the total process weight for the
entire period of continuous operation or for a typical portion thereof, divided
by the number of hours of such period or part thereof; or
(b)
For a cyclical or batch
source operation, the total process weight for a period that covers a complete operation
or any integral number of cycles, divided by the hours of actual process
operation during such a period.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.75);
renumbered by #8256 (from Env-A 101.217), (see Revision Note #1 at chapter heading);
renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by
#9839 (from Env-A 101.150), (see Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.152) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
104.40 “Proposed
permit” means the version of a title V operating
permit that the division proposes to issue and submits to EPA for its review.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.218),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.151), (see Revision
Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.153) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.41 “Pulp and paper industry” means
the segment of industry that manufactures pulp, including kraft and sulfite
pulps, and paper, including fine papers, coarse papers, and specialty papers.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.76);
renumbered by #8256 (from Env-A 101.219), (see Revision Note #1 at chapter
heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.152), (see Revision Note #3 at chapter
heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.154) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
104.42 “Reasonable” means fair, proper, just, moderate, and
suitable under the circumstances.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.78);
renumbered by #8256 (from Env-A 101.220), (see Revision Note #1 at chapter heading);
renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839
(from Env-A 101.153), see Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.155) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
104.43 “Reasonable further progress” means
“reasonable further progress” as defined in section 171 of the Act, namely
"such annual incremental reductions in emissions of the relevant air
pollutant as are required by this part or may reasonably be required by the
Administrator for the purpose of ensuring attainment of the applicable national
ambient air quality standard by the applicable date."
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.79);
renumbered by #8256 (from Env-A 101.221), (see Revision Note #1 at chapter
heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.154), (see Revision Note #3 at chapter
heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.156) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
104.44 “Reasonably available control technology
(RACT)” means “reasonably available control
technology” as defined in 40 CFR 51(o), reprinted in Appendix D.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.81)
New. #5033, eff 12-27-90 (from Env-A 101.791,
originally #4703, eff 11-16-89); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.80); renumbered by #8256 (from Env-A 101.222), (see Revision Note #1 at
chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.157), (see Revision Note #3 at chapter heading);
ss by
#13105, eff 9-25-20 (formerly
Env-A 101.157) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
104.45 “Records”
means documents of organized and orderly
information kept for the purpose of creating a permanent history of an action,
result, or event.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.77);
renumbered by #8256 (from Env-A 101.223), (see Revision Note #1 at chapter
heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.156), (see Revision Note #3 at chapter
heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.158) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
104.46 “Reference concentration limit” means “reference concentration
limit” as defined in RSA 125-I:2, XIII, reprinted in
Appendix C.
Source. #6328, INTERIM, eff
8-24-96, EXPIRED: 12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.224),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note
#2 at chapter heading); renumbered by #9839 (from Env-A 101.157), (see Revision
Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.159) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.47 “Regulated
air pollutant” means the following:
(a)
“Regulated air pollutant”
as defined in 40 CFR 70.2, except paragraph (5) of such definition, reprinted
in Appendix D; or
(b)
Any pollutant listed
in section 112(b) List of Hazardous Pollutants of the Act, or in a rule promulgated
pursuant to section 112(r) Prevention of Accidental Releases of the Act.
Source.
#6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.225), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.158),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.160) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.48 “Regulated
toxic air pollutant” means “regulated toxic air
pollutant” as defined in RSA 125-I:2, XIV, reprinted in Appendix C. The term includes
any of the following:
(a)
Any substance or compound that is listed as a hazardous air pollutant
pursuant to section 112(b) of the Clean Air Act, 42 U.S.C. 7412, as amended;
(b)
Any substance
or compound for which there is a threshold limit value established by the
American Conference of Governmental Industrial Hygienists; and
(c)
Any substance or compound that has been added to the list of regulated
toxic air pollutants pursuant to RSA 125-I:4,V and Env-A 1400.
Source. #6328, INTERIM, eff
8-24-96, EXPIRED: 12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.227),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note
#2 at chapter heading); renumbered by #9839 (from Env-A 101.159), (see Revision
Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.161) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.49 “Repowering” means:
(a)
The replacement
or conversion of an existing emissions unit with a new or converted unit resulting
in lower emission rates of any air pollutant; or
(b)
As defined in section 402 of the Act, the replacement of an existing
boiler with a technology capable of controlling multiple
combustion emissions simultaneously with improved boiler or generation
efficiency and with significantly greater waste reduction relative to the
performance of technology in widespread commercial use as of November 15, 1990.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.230), (see Revision Note #1 at chapter heading; renumbered by #8304 (see
Revision Note #2 at chapter heading; renumbered by #9839 (from Env-A 101.160), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.162) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.50 “Reproductive effect” means
an adverse effect on a reproductive system that results or that can result from
exposure to one or more environmental agents.
The effect can be expressed as an alteration to a female or male
reproductive organ, the endocrine system, or a pregnancy outcome. Manifestations of such effects include
adverse effects to the on-set of puberty, gamete production and transport, reproductive
cycle normality, sexual behavior, fertility, gestation, parturition, lactation,
pregnancy outcome, or premature reproductive senescence, or modifications in
other functions that are dependent on the integrity of the reproductive system.
Source. #6328, INTERIM, eff
8-24-96, EXPIRED: 12-22-96
New.
#6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.231),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.161), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.163) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.51 “Research
and development (R&D) operation” means any
operation whose exclusive purpose is to conduct a systematic investigation
designed to create a new process or product or to improve an existing process or
product, including investigations conducted at academic and technological
facilities, where such an operation is conducted under the close supervision of
technically trained personnel and is not conducted to manufacture products for
commercial sale in commerce.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.232), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.162),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.164) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.52 “Reserve” means a bank of allowances established
by the EPA under title IV Acid Deposition Control of the
Act.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.233), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.163),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.165) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.53 “Responsible official” means
“responsible official” as defined in 40 CFR 70.2, reprinted in Appendix D.
Source. #6057-A,
eff 6-30-95; ss and renumbered by #8256, eff 1-14-05 (from Env-A 101.235), (see
Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2
at chapter heading); renumbered by #9839 (from Env-A 101.164), (see Revision
Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.166) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
104.54 “Revoke” means
to take away, annul, or suspend a permit to operate, temporary permit, or any
other license, certificate, registration, or other approval issued by the
department following the opportunity for an adjudicative hearing held in
accordance with Env-A 203.01(b).
Source.
#6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.236), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.165),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.167) (see Revision Note #4
at chapter heading for Env-A 100)
PART
Env-A 105 DEFINITIONS: S THROUGH Z
Env-A
105.01 “Schedule of Compliance” means a schedule of remedial
measures that will be implemented by the person(s) responsible for the
underlying violations and that includes an enforceable sequence of actions that
leads to compliance with applicable implementation plans, emissions standards,
emission limitations, emission prohibitions, or other state or federal requirement.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.241), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.167),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.169) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.02 “Secondary brass and bronze ingot
production plant” means any source producing brass
or bronze ingots from new or scrap copper, zinc, tin, lead, or other metals.
Source. #6428-A,
eff 1-18-97; renumbered by #8256 (from Env-A
101.242), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.168),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.170) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.03 “Secondary
lead smelter” means
any source producing lead from lead-bearing scrap material by smelting such
material to a metallic form.
Source. #6428-A,
eff 1-18-97; renumbered by #8256 (from Env-A
101.243), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.169),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.171) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.04 “Shutdown”
means the cessation of operation of any stationary source, area source, or device
for any purpose.
Source. #6428-A,
eff 1-18-97; renumbered by #8256 (from Env-A 101.246),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.170), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.172) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.05 “Single industrial grouping” as
used in the definition of “major source” means a compilation where all
pollutant emitting activities at a source or group of sources.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.249), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.171),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.173) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.06 “Smelter”
means a furnace used to treat an ore by heating
it to high temperatures for the purpose of separating any metallic portion from
the non-metallic portion of the ore.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.84)
New. #5033, eff 12-27-90 (from Env-A 101.82); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.83); ss by #6428, eff 1-18-97;
renumbered by #8256 (from Env-A 101.251), (see Revision Note #1 at chapter
heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.172), (see Revision Note #3 at chapter
heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.174) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
105.07 “Smoke” means
small gas-borne particles resulting from incomplete combustion that consist predominantly,
but not exclusively, of carbon ash and other combustible materials.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.85)
New. #5033, eff 12-27-90 (from Env-A 101.83); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.84); renumbered by #8256 (from Env-A 101.252), (see Revision Note #1 at
chapter heading); renumbered by #8304, (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.173), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.175) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
105.08 “Soot blowing” means
the activation of mechanical devices for on-line cleaning of gas-side soot,
boiler ash, and slag deposits to provide for optimum heat transfer and safe
operation of a boiler.
Source. #6505-A,
eff 5-1-97; renumbered by #8256 (from Env-A 101.253),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.174), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.176) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.09 “Source category” means
a category of stationary sources, area sources, or devices that require a state
permit to operate
pursuant to Env-A 608 and are sufficiently similar that the same regulatory
requirements can be applied to all stationary sources, area sources, or devices
in the category.
Source. #6782-A,
eff 6-30-98; renumbered by #8256 (from Env-A 101.254),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.175), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.177) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.10 “Span value” means
the upper limit of the gas concentration measurement range.
Source. #6724-A,
eff 3-28-98; renumbered by #8256 (from Env-A
101.255), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.176),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.178) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.11 “Stack” means
any chimney, flue, or duct arranged to discharge an emission to the ambient
air.
Source. #1717, eff 2-19-81; ss
by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.86)
New. #5033, eff 12-27-90 (from Env-A 101.84); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.85); renumbered by #8256 (from Env-A 101.256), (see Revision Note #1 at
chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.177), (see Revision
Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.179) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
105.12 “Standard conditions” mean
a temperature of 20C,
equivalent to 68F, and a
pressure of 101.3 kilopascals, equivalent to 29.92 inches
of Hg.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.87)
New. #5033, eff 12-27-90 (from Env-A 101.85); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.86); renumbered by #8256 (from Env-A 101.257), (see Revision Note #1 at
chapter heading); renumbered by #8304, (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.178), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.180) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
105.13 “Standard
cubic foot” means one cubic foot of gas at standard
conditions.
Source.
#1717, eff
2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by
#5033, eff 12-27-90 (see Env-A 101.88)
New. #5033, eff 12-27-90 (from Env-A 101.86); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.87); renumbered by #8256 (from Env-A 101.258), (see Revision Note #1 at
chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.179), (see
Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.181) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.14 “Standard
cubic meter” means one cubic meter of gas at standard
conditions.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.89)
New. #5033, eff 12-27-90 (from Env-A 101.87); ss and
moved by #6057-A, eff 6-30-95 (from
Env-A 101.88); renumbered by #8256 (from Env-A 101.259), (see Revision Note #1 at
chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.180), (see
Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.182) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.15 “Startup” means
the setting in operation of any stationary source, area source, or device.
Source. #6428-A,
eff 1-18-97; renumbered by #8256 (from Env-A
101.260), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.181),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.183) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.16 “State implementation plan” means
the plan required by the Act for the state of New Hampshire, which contains strategies,
programs, and rules to attain and maintain the national ambient air quality
standards.
Source.
#1717, eff
2-19-81; amd by #1923, eff 1-18-82; ss by #2332, eff
4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see
Env-A 101.90)
New. #5033, eff 12-27-90 (from Env-A 101.88); ss and
moved by #6057-A, eff 6-30-95 (from Env-A
101.89); renumbered by #8256 (from Env-A 101.261), (see Revision Note #1 at
chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.182), (see
Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.184) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.17 “State permit to operate”
means a permit that can contain conditions and that is issued prior to
operation or modification of a stationary source, area source, or device.
Source. #6057-A,
eff 6-30-95; ss by #7885, eff 5-3-03; renumbered by #8256 (from Env-A
101.262), (see Revision Note #1 at chapter heading); renumbered by #8304, (see
Revision Note #2 at chapter heading); renumbered
by #9839 (from Env-A 101.183), (see Revision Note #3 at chapter heading);
ss by
#13105, eff 9-25-20 (formerly
Env-A 101.185) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
105.18 “State requirement” means
a requirement that is not federally-enforceable and is
established in:
(a)
A New Hampshire statute that regulates or authorizes the department to
regulate some aspect of air emissions or air quality, including
but not limited to RSA 125-C, RSA 125-D, RSA 125-I, RSA 125-J, RSA 125-K, and RSA
141-E; or
(b)
A rule adopted by the commissioner of the department to implement such
statutes.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.263), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.184),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.186) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.19 “Stationary source” means
either of the following depending on the purpose for its use:
(a)
For purposes of RSA
125-C, “stationary source” means any building, structure, facility, or
installation that emits or might emit any regulated air pollutant, or any air
pollutant subject to regulation under the federal Clean Air Act, N.H. RSA
125-C, or Env-A 100 et seq.; or
(b)
For purposes of RSA
125-I, “stationary source” means “stationary source” as defined in RSA 125-I:2,
XV, reprinted in Appendix C.
Source.
#1717, eff
2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033,
eff 12-27-90 (see Env-A 101.91)
New.
#5033, eff 12-27-90 (from Env-A 101.89);
ss and moved by #6057-A, eff 6-30-95
(from Env-A 101.90); ss by #6178, eff 1-30-96, EXPIRES: 5-29-96; ss by #6229, eff 4-25-96; ss by #6328,
INTERIM, eff 8-24-96, EXPIRED: 12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.264),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.185), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.187) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.20 “Steam generating unit” means
any furnace, boiler, or other device used for combusting fuel for the purpose
of producing
steam by heat transfer.
Source. #6505-A,
eff 5-1-97; renumbered by #8256 (from Env-A
101.265), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.186),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.188) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.21 “Steam vent” means
a point on steam generating equipment, a steam transport line, a condensate
return system, or non-contact steam heat equipment, where steam can be released
in the same condition as generated. The
term excludes points of emission on process equipment or equipment heated by
steam injection, including steam eductors, which
could introduce a regulated air pollutant, a toxic air pollutant, or carbon
monoxide into the steam.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.266), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.187),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.189) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.22 “Sulfur compound” means
any organic or inorganic chemical having one or more atoms of sulfur in its chemical
structure.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.93)
New. #5033, eff 12-27-90 (from Env-A 101.91); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.92); renumbered by #8256 (from Env-A 101.268), (see Revision Note #1 at
chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.188), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.190) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
105.23 “Sulfur dioxide” means
a colorless gas at standard conditions that has the molecular formula SO2.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.94)
New. #5033, eff 12-27-90 (from Env-A 101.92); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.93); renumbered by #8256 (from Env-A 101.269), (see Revision Note #1 at
chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.189), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.191) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
105.24 “Synthetic minor source”
means a stationary source or area source that has chosen to limit its potential
to emit by accepting federally-enforceable permit
conditions that restrict any one or more of the following:
(a)
Hours of operation;
(b) Type or amount of material
combusted, stored, or processed; or
(c)
Level of production.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.272),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.190), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.192) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.25 “Systemic effect” means
a type of toxic effect that requires absorption and distribution of a toxicant
from its entry
point into the body to a distant site in the body, where deleterious effects
are produced.
Source. #6328, INTERIM, eff
8-24-96, EXPIRED: 12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.273),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.191), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.193) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.26 “Temporary permit”
means a permit that can contain conditions, emission limits, or both, that is
issued prior to
the commencement of construction or installation of any new or modified device
for a period no longer than 18 months.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.275), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.192),
(see Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.194) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
105.27 “Threshold
limit value” means “threshold limit value” as
defined in RSA 125-I:2, XVI, reprinted in Appendix C.
Source. #6328, INTERIM, eff
8-24-96, EXPIRED: 12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.277),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.193), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.195) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.28 “Title I modification” means
changes at a source that qualify as a modification under section 111 New Source
Performance Standards or section 112(g) Modifications involving Hazardous Air
Pollutants, or as a significant permit modification under Part C Prevention of
Significant Deterioration or Part D Plan Requirements for Nonattainment,
in title I of the Act.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.279), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.194),
(see Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.196) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
105.29 “Title
V operating permit” means “part 70 permit” as
defined in 40 CFR 70.2, reprinted in Appendix D. A Title V operating permit is a federally-enforceable permit or group of permits for a
particular source that is issued, renewed, amended, or revised by the director
pursuant to title V of the Act and Env-A 600.
For the purpose of these rules, this term shall
include “permit to operate” as used in RSA 125-C:11,I-a.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A
101.280), (see Revision Note #1 at chapter heading); renumbered by #8304 (see
Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.195),
(see Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.197) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.30 “Total reduced sulfur (TRS)” means
the sum of the sulfur compounds present, including but not limited to hydrogen
sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.96)
New. #5033, eff 12-27-90 (from Env-A 101.94); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.95); ss by #6724-A, eff 3-28-98;
renumbered by #8256 (from Env-A 101.281), (see Revision Note #1 at chapter
heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.196), (see Revision Note #3 at chapter
heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.198) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
105.31 “Type 0 waste” means
a mixture of highly combustible waste from commercial and industrial activities,
including but not limited to paper, cardboard, wood, and combustible floor
sweepings, that has a heating value of at least 4718 calories per gram, equivalent
to 8500 BTUs per pound, as fired, and contains:
(a)
Up to 10 percent by weight of plastic bags, coated paper, laminated
paper, treated corrugated cardboard, oily rags, and plastic or rubber scraps;
(b)
Up to 10 percent
moisture; and
(c)
Up to 5 percent
incombustible solids by weight.
Source. #7845, eff 3-8-03 (formerly Env-A 101.293(a)); renumbered by
#8256 (from Env-A 101.283), (see Revision Note #1 at chapter heading); renumbered
by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.197), (see Revision Note #3 at
chapter heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.199) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
105.32 “Type 1 waste” means
a mixture of combustible waste from domestic, commercial, and industrial
activities, including
but not limited to paper, cardboard, wood, foliage, and combustible floor
sweepings, that has a heating value of at least 3608 calories per gram, equivalent
to 6500 BTUs per pound, as fired, and contains:
(a)
Up to 20 percent
by weight of restaurant or cafeteria waste but little or no treated papers,
plastic or rubber waste;
(b)
Up to 25 percent
moisture; and
(c)
Up to 10 percent
incombustible solids by weight.
Source. #7845, eff 3-8-03 (formerly Env-A 101.293(b)); renumbered by
#8256 (from Env-A 101.284), (see Revision Note #1 at chapter heading); renumbered
by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.198), (see Revision Note #3 at chapter
heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.200) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
105.33 “Type 2 waste” means
an approximately even mixture of domestic rubbish and garbage by weight, which
has a heating value of at least 2386 calories per gram, equivalent to 4300 BTUs
per pound, as fired, and contains:
(a)
Up to 50 percent
moisture; and
(b)
Up to 7 percent
incombustible solids by weight.
Source. #7845, eff 3-8-03 (formerly Env-A 101.293(c)); renumbered by
#8256 (from Env-A 101.285), (see Revision Note #1 at chapter heading);
renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.199), (see
Revision Note #3 at chapter heading); ss
by #13105, eff 9-25-20 (formerly Env-A 101.201) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.34 “Type 3 waste” means
animal and vegetable wastes from restaurants, cafeterias, hotels, hospitals,
markets, and like installations, that has a heating value of at least 1388
calories per gram, equivalent to 2500 BTUs per pound, as fired, and contains:
(a)
Up to 70 percent
moisture; and
(b)
Up to 5 percent incombustible solids by weight.
Source. #7845, eff 3-8-03 (formerly Env-A 101.293(d)); renumbered by
#8256 (from Env-A 101.286), (see Revision Note #1 at chapter heading);
renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.200), (see Revision
Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.202) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.35 “Type 4 waste” means
human and animal carcasses, organs, and solid organic wastes from hospitals, laboratories,
abattoirs, animal pounds, and similar sources, that has a heating value of at
least 555 calories per gram, equivalent to 1000 BTUs per pound, as fired, and
contains:
(a)
Up to 85 percent moisture; and
(b)
Up to 5 percent incombustible
solids by weight.
Source. #7845, eff 3-8-03 (formerly Env-A 101.293(e)); renumbered by
#8256 (from Env-A 101.287), (see Revision Note #1 at chapter heading);
renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.201), (see Revision
Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.203) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.36 “Type 5 waste” means
a gaseous, liquid, or semi-liquid by-product waste from industrial operations,
including but not
limited to tar, paints, solvents, sludge, and fumes.
Source. #7845, eff 3-8-03 (formerly Env-A 101.293(f)); renumbered by
#8256 (from Env-A 101.288), (see Revision Note #1 at chapter heading);
renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.202), (see
Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.204) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
105.37 “Type
6 waste” means a solid by-product waste from
industrial operations, including but not limited to rubber, plastic, and wood
waste.
Source. #7845, eff 3-8-03 (formerly Env-A 101.293(g)); renumbered by #8256
(from Env-A 101.289), (see Revision Note #1 at chapter heading); renumbered by #8304
(see Revision Note #2 at chapter heading); renumbered
by #9839 (from Env-A 101.203), (see Revision Note #3 at chapter heading);
ss by
#13105, eff 9-25-20 (formerly
Env-A 101.205) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
105.38 “Type 7 waste” means
municipal sewage sludge waste, consisting of residue generated from the
processing of raw
sludge at a wastewater treatment plant.
Source. #7845, eff 3-8-03 (formerly Env-A 101.293(h)); renumbered by
#8256 (from Env-A 101.290), (see Revision Note #1 at chapter heading); renumbered
by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.204), (see Revision Note #3 at chapter
heading); ss by #13105, eff 9-25-20 (formerly
Env-A 101.206) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
105.39 “Typical
high ozone season day” means daily operating conditions
that are representative of the high ozone season.
Source. #6983-A,
eff 4-23-99; ss by #7845, eff 3-8-03; renumbered by #8256 (from Env-A 101.291),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by
#9839 (from Env-A 101.205), (see Revision Note #3 at chapter heading); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.207) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
105.40 “Uncontrolled emission” means
“uncontrolled emission” as defined in RSA 125-I:2, XVII, reprinted in Appendix C.
Source. #6328, INTERIM, eff
8-24-96, EXPIRED: 12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.292),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.206), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.208) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.41 “Unit”
means “device” as defined in Env-A 103.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.293),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.207), (see
Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.209) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A 105.42 “Unobstructed” as applied to
exhaust stacks for purposes of modeling means that:
(a)
There is no impediment to vertical flow from the exhaust stack; and
(b)
The exhaust stack extends at least 2 feet higher than any roofline
within 10 feet of the exhaust stack exit, measured horizontally.
Source. #10549,
eff 4-4-14; ); ss
by #13105, eff 9-25-20 (formerly Env-A 101.210) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.43 “Untreated wood” means
any timber, board, or sawn dimensional lumber that has not been treated, coated,
or preserved. The term does not include
any manufactured building material, such as plywood or waferboard.
Source. #6283-A,
eff 7-10-96; renumbered by #8256 (from Env-A 101.294), (see Revision Note #1
at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.208), (see Revision Note #3 at chapter
heading); renumbered by #10549, (from Env-A 101.210); ss by #13105, eff 9-25-20 (formerly Env-A 101.211) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.44 “Used oil” means
“used oil” as defined in Env-Hw 104, reprinted in
Appendix E.
Source. #6519-A,
eff 5-29-97; renumbered by #8256 (from Env-A 101.295), (see Revision Note #1
at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter
heading); renumbered by #9839 (from Env-A 101.209), (see Revision Note #3 at
chapter heading); renumbered by #10549, (from Env-A 101.211); ss by #13105, eff 9-25-20 (formerly Env-A 101.212) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.45 “Vehicle” means
a vehicle powered in whole or in part by a gasoline combustion engine or a diesel
engine.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.99)
New. #5033, eff 12-27-90 (from Env-A 101.97); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.98); renumbered by #8256
(from Env-A 101.297), (see Revision Note #1 at chapter heading); renumbered by
#8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.210), (see Revision Note #3 at chapter
heading); renumbered by #10549, (from Env-A 101.212); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.213) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A 105.46 “Volatile organic compound (VOC)” means any compound of carbon that participates in atmospheric
photochemical reactions, excluding carbon monoxide, carbon dioxide, carbonic
acid, metallic carbides or carbonates, and
ammonium carbonate. The term does not
include any organic compound that the administrator of the EPA designates in 40
CFR 51.100(s) as having no or negligible photochemical reactivity.
Source. #5033, eff 12-27-90 (from Env-A 101.98); ss and moved by #6057-A, eff 6-30-95 (from
Env-A 101.99); ss by #7845, eff 3-8-03;
renumbered by #8256 (from Env-A 101.298), (see Revision Note #1 at chapter
heading); renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #8561, eff 2-2-06; renumbered by #9839
(from Env-A 101.211), (see Revision Note #3 at chapter heading); renumbered by
#10549, (from Env-A 101.213); ss by #13105, eff 9-25-20 (formerly Env-A 101.214) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A
105.47 “Waiver” means
a grant of permission to deviate from a requirement or a group of requirements,
typically given
in response to a specific request.
Source. #6506-A,
eff 5-1-97; renumbered by #8256 (from Env-A 101.299), (see Revision Note #1
at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.212), (see Revision Note #3 at chapter
heading); renumbered by #10549, (from Env-A 101.214); ss by #13105, eff 9-25-20 (formerly Env-A 101.215) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A 105.48 “Waste” means any matter consisting of garbage, refuse, or sludge
from a waste treatment plant, water supply treatment plant, or air pollution
control equipment and other discarded or abandoned material including solid, liquid, semi-solid, or contained gaseous
material resulting from industrial, commercial, mining, and agricultural
operations, and from community activities.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.97)
New. #5033,
eff 12-27-90 (from Env-A 101.95); ss and
moved by #6057-A, eff 6-30-95 (from Env-A 101.96); ss by #7845, eff 3-8-03; renumbered by #8256 (from Env-A 101.300),
(see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.213), (see
Revision Note #3 at chapter heading); renumbered by #10549, (from Env-A 101.215);
ss by
#13105, eff 9-25-20 (formerly
Env-A 101.216) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
105.49 “White liquor”
means the sodium sulfide and sodium hydroxide solution used in the kraft
pulping process to chemically
dissolve the organic substance that binds the cellulose fibers together.
Source. #6724-A,
eff 3-28-98; renumbered by #8256 (from Env-A 101.302), (see Revision Note #1
at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter
heading); renumbered by #9839 (from Env-A 101.214), (see Revision Note #3 at
chapter heading); renumbered by #10549, (from Env-A 101.216); ss by
#13105, eff 9-25-20 (formerly
Env-A 101.217) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A 105.50 “Whole tree chip”
means a piece of wood produced by chipping a whole tree, including wood, bark, tree tops, limbs, and logging residue.
Source. #6342-A,
eff 9-28-96; renumbered by #8256 (from Env-A 101.303), (see Revision Note #1
at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading);
renumbered by #9839 (from Env-A 101.215), (see Revision Note #3 at chapter
heading); renumbered by #10549, (from Env-A 101.217); ss by #13105, eff 9-25-20 (formerly Env-A 101.218) (see Revision Note #4
at chapter heading for Env-A 100)
Env-A 105.51 “Wood waste burner” means
any device used to dispose of wood waste by burning, commonly known as teepees,
wigwams, truncated cones, or silos.
Source. #1717, eff 2-19-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff
12-27-90 (see Env-A 101.98)
New. #5033, eff 12-27-90 (from Env-A 101.96); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.97); ss and renumbered by
#8256, eff 1-14-05 (from Env-A 101.304), (see Revision Note #1 at chapter
heading); renumbered by #8304, (see Revision
Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.216), (see
Revision Note #3 at chapter heading); renumbered by #10549, (from Env-A
101.218); ss by #13105, eff 9-25-20 (formerly
Env-A 101.219) (see Revision Note #4 at chapter heading for Env-A 100)
Env-A
105.52 “Working day” means,
unless otherwise defined for a specific chapter, Monday through Friday, not including
state holidays.
Source. #6283-A,
eff 7-10-96; ss by #6482-A, eff 4-1-97;
renumbered by #8256 (from Env-A 101.305), (see Revision Note #1 at chapter heading);
renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.217), (see
Revision Note #3 at chapter heading); renumbered by #10549, (from Env-A
101.219); ss by #13105, eff 9-25-20 (formerly
Env-A 101.220) (see Revision Note #4 at chapter heading for Env-A 100)
Appendix A: State
Statutes, Federal Statutes and regulations implemented
Rule
Section(s) |
State
Statute(s) Implemented |
Federal
Statute or Regulation Implemented |
Env-A 100 (see additional specifics,
below) |
RSA 125-C, RSA 125-D, RSA 125-I, RSA
125-J, RSA 125-M, RSA 125-N, RSA 125-O, RSA 125-R, RSA 141-E |
|
Env-A
102.34 |
RSA
125-C:4, I(a) |
40
CFR § 52.21 |
Env-A 102.53 |
RSA 125-C:4, I(k); RSA 125-C:6, XI |
42
U.S.C. § 7651a(7) |
Env-A 103.01 |
RSA 125-I:5, V |
|
Env-A 103.04 |
RSA 125-D:3 |
42
U.S.C. § 7651a(26); 40 CFR 72.2 |
Env-A 103.11 |
RSA 125-C:4, I(a); RSA 125-C:6, XIV; RSA
125-C:11, I & III |
42
U.S.C. §§ 7410, 7502(c), 7511c |
Env-A 103.14 |
RSA 125-C:4, I(a) |
42
U.S.C. § 7661a(b)(10) |
Env-A 103.21 |
RSA 125-C:4, I(a); RSA 125-I:6, II; RSA
141-E:4, II |
|
Env-A 103.32 |
RSA 125-C:4, I(a) |
|
Env-A 103.40 |
RSA 125-C:4, I(a); 125-L:1, IV |
40
CFR § 52.21 |
Env-A 103.48 |
RSA 125-C:6, II |
|
Env-A 104.02 |
RSA 125-C:4, I(a) |
42
U.S.C. § 7661(2); 40 CFR 70.2 |
Env-A 104.06 |
RSA 125-C:10, I |
|
Env-A 104.07 |
RSA 125-C:10, II |
42
U.S.C. § 7661a(b)(6); |
Env-A 104.22 |
RSA 125-C:4, I(a) |
|
Env-A 104.53 |
RSA 125-C:4, I(g) |
42
U.S.C. § 7661b; 40 CFR 70.2 |
Env-A 105.17 |
RSA 125-C:11, I & III |
|
Env-A 105.31 - 105.38 |
RSA 125-C:4, I(a) |
|
Env-A 105.42 |
RSA 125-C:4, I(a) |
|
Env-A 105.45 |
RSA 125-C:4, I(a); RSA 125-C:6, II |
40
CFR 51.110(s) |
Env-A 105.47 |
RSA 125-C:4, I(a) |
|
Env-A 105.50 |
RSA 125-C:4, I(a) |
|
Appendix
B: Documents Incorporated by Reference
Rule |
Title (Date) |
Obtain at: |
Env-A
103.38 |
“Combustion
Efficiency Tables”, specifically Chapter 3 titled “The ASME/ANSI Boiler Test
Code, The Basis of Measuring Efficiency” and Chapter 5 titled “Boiler Tuneup”, 1991, published by Fairmont Press |
A paperback version of this book can be obtained from
Amazon.com for $19.83 at: https://www.amazon.com/dp/0881731439/?tag=internetarchi-20 |
Appendix C: State
Statutory Definitions
RSA 125-C:2:
I-a. “Affected source,” any stationary
source, the construction, installation, operation, and modification of which is
subject to Title V, Clean Air Act, 42 U.S.C. 7401 et seq., as amended.
II. “Air contaminant,” soot, cinders,
ashes, any dust, fume, gas, mist (other than water), odor, toxic or radioactive
material, particulate matter, or any combination thereof.
III. “Air pollution,” the presence in
the outdoor atmosphere of one or more contaminants or any combination thereof
in sufficient quantities and of such characteristics and duration as are or are
likely to be injurious to public welfare, to the health of human, plant, or
animal life, or cause damage to property or create a disagreeable or unnatural
odor or obscure visibility or which unreasonably interfere with the enjoyment
of life and property.
VI. “Device which contributes to air
pollution,” any burner, furnace, machine, equipment or
article which, in the opinion of the commissioner, contributes or may
contribute to the pollution of the air.
VIII. “Emission,” a release into the
outdoor atmosphere of air contaminants.
X. “Person,” any individual,
partnership, firm or co-partnership, association, company, trust, corporation,
department, bureau, agency, private or municipal corporation, or any political
subdivision of the state, the United States or political subdivisions or
agencies thereof, or any other entity recognized by law as subject to rights
and duties.
RSA 125-I:2:
I. “Air contaminant” means soot,
cinders, ashes, any dust, fume, gas, mist (other than water), odor, toxic or
radioactive material, particulate matter, or any combination thereof.
II. “Air toxic” means air contaminants
designated by the commissioner of the department of environmental services from
the organic compounds and metals listed by the United States Environmental
Protection Agency in the Code of Federal Regulations, Title 40, Part 261,
Subparts C and D and Table 4 of 450/5-86-011a and subsequent updates.
III. “Ambient air” means the unconfined
atmosphere that envelops the earth.
IV. “Ambient air limit” means the
standard designated pursuant to RSA 125-I:4 that establishes the maximum
allowable concentration of emissions of a specific regulated toxic air
pollutant at or beyond the compliance boundary.
IX. “Device” means any burner, furnace,
machine, equipment, or article which emits a regulated toxic air pollutant or
air contaminant into the ambient air.
X. “Modification” means any physical or
operational change in a stationary source or device which increases the amount
of a specific regulated toxic air pollutant emitted by such source or device,
or which results in the emission of any additional regulated toxic air
pollutant.
XI. “Pollution control equipment” means
any device that treats, removes, restricts, or otherwise controls the release
or discharge of regulated toxic air pollutants that is not vital to normal
productions operations.
XII. “Process” means any operation
which combines devices, equipment, raw materials, utilities, and manpower for the production of goods, services, energy, pollution
control, or other purposes which emits a regulated toxic air pollutant into the
ambient air.
XIII. “Reference concentration limit”
means an estimate established by the United States Environmental Protection
Agency of a daily exposure to the human population, including sensitive
subgroups, that is likely to be without an appreciable risk of deleterious noncancer
effects during a lifetime.
XIV. “Regulated toxic air pollutant”
means any substance or compound emitted into the ambient air by a stationary
source and designated a regulated toxic air pollutant pursuant to RSA 125-I:4.
Regulated toxic air pollutants are classified as:
(a)
Class I, meaning any regulated toxic air
pollutant recognized by the United States Environmental Protection Agency as a
Group A-Human Carcinogen or Group B-Probable Human Carcinogen, as referenced in
51 Federal Register 34,000 (1986), or otherwise designated a regulated toxic
air pollutant-Class I by the commissioner pursuant to rules adopted under RSA
125-I:3.
(b) Class II, meaning any regulated toxic air
pollutant other than a regulated toxic air pollutant Class I, which is
recognized by the United States Environmental Protection Agency as a Group
C-Possible Human Carcinogen, as referenced in 51 Federal Register 34,000
(1986), or otherwise designated a regulated toxic air pollutant-Class II by the
commissioner pursuant to rules adopted under RSA 125-I:3.
(c) Class III, meaning any regulated toxic air
pollutant other than a regulated toxic air pollutant-Class I or Class II.
XV. “Stationary source” means any
building, structure, facility, or installation that emits or may emit a
regulated toxic air pollutant or air contaminant into the ambient air.
XVI. “Threshold limit value” means the
threshold limit value-time weighted average (TLV-TWA) as set forth in the
American Conference of Governmental Industrial Hygienists (ACGIH) 1995 list and
as amended thereafter.
XVII. “Uncontrolled emission” means any
emission of a regulated toxic air pollutant from a device or process at a
stationary source that is not subject to treatment or removal by pollution
control equipment prior to being emitted to the ambient air,
or is emitted to the ambient air in amounts which have not been limited
by conditions in an enforceable permit or document.
RSA 125-J:1:
II. “Allowable emissions” means the
emission rate of a device or source calculated using the maximum rated capacity
of the device or source, or, if applicable, federally enforceable limits which
restrict the emission rate, operating rate, hours of operation, or any
combination thereof, and the most stringent of the following:
(a) Any applicable standard set forth in 40 C.F.R.
part 60 or 40 C.F.R. part 61;
(b) Any applicable New Hampshire state
implementation plan emissions limitation, including a limitation with a future
compliance date; or
(c) Any emissions rate specified as a condition of
a federally enforceable permit issued by the department or EPA, including those
with a future compliance date, or a federally enforceable emissions reductions
credit certificate issued pursuant to an EPA-approved economic incentive
program (“EIP”).
Appendix D: Federal Definitions Cited in Env-A 100
40
CFR 51.100 Definitions.
(f) Owner or operator means any
person who owns, leases, operates, controls, or supervises a facility,
building, structure, or installation which directly or indirectly result or may
result in emissions of any air pollutant for which a national standard is in
effect.
(o) Reasonably available control
technology (RACT) means devices, systems, process modifications, or other
apparatus or techniques that are reasonably available taking
into account:
(1) The necessity of imposing such controls in
order to attain and maintain a national ambient air quality standard;
(2) The social, environmental, and economic impact
of such controls; and
(3) Alternative means of providing for attainment
and maintenance of such standard. (This provision defines RACT for the purposes
of §51.341(b) only.)
(qq) PM10
means particulate matter with an aerodynamic diameter less than or equal to a
nominal 10 micrometers as measured by a reference method 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.
40 CFR 52.21
(b) Definitions. For the purposes of this
section:
(1)(i) 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 regulated NSR pollutant: 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 (with thermal dryers), 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 (which does not include ethanol production facilities
that produce ethanol by natural fermentation included in NAICS codes 325193 or
312140), 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 (b)(1)(i) of this section, any
stationary source which emits, or has the potential to emit, 250 tons per year
or more of a regulated NSR pollutant; or
(c) Any physical change that would occur at a
stationary source not otherwise qualifying under paragraph (b)(1) of this
section, as a major stationary source, if the changes would constitute a major stationary
source by itself.
(ii)
A major source that is major for volatile organic compounds or NOx shall
be considered major for ozone.
(iii)
The fugitive 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;
(j) Petroleum refineries;
(k) Lime plants;
(l)
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--The term chemical processing plant shall not
include ethanol production facilities that produce ethanol by natural fermentation
included in NAICS codes 325193 or 312140;
(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 that
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.
(12)
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 major stationary source 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 any pollutant which would exceed the emissions allowed
by any applicable standard under 40 CFR parts 60 and 61. If the Administrator
determines that technological or economic limitations on the application of
measurement methodology to a particular emissions unit 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.
(49) Subject to
regulation means, for any air pollutant, that the pollutant is subject to
either a provision in the Clean Air Act, or a nationally-applicable regulation
codified by the Administrator in subchapter C of this chapter, that requires
actual control of the quantity of emissions of that pollutant, and that such a
control requirement has taken effect and is operative to control, limit or
restrict the quantity of emissions of that pollutant released from the regulated
activity. Except that:
(i) Greenhouse gases (GHGs), the air
pollutant defined in §86.1818-12(a) of this chapter as the aggregate group of
six greenhouse gases: Carbon dioxide, nitrous oxide, methane,
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be
subject to regulation except as provided in paragraphs (b)(49)(iv) through (v)
of this section and shall not be subject to regulation if the stationary source
maintains its total source-wide emissions below the GHG PAL level, meets the
requirements in paragraphs (aa)(1) through (15) of this section, and complies
with the PAL permit containing the GHG PAL.
(ii) For purposes of paragraphs (b)(49)(iii) through (v) of
this section, the term tpy CO2 equivalent emissions (CO2e) shall represent an amount of GHGs emitted, and shall be
computed as follows:
(a) Multiplying the mass amount
of emissions (tpy), for each of the six greenhouse
gases in the pollutant GHGs, by the gas’s associated global warming potential
published at Table A–1 to subpart A of part 98 of this chapter— Global Warming
Potentials. For purposes of this paragraph, prior to July 21, 2014, the mass of
the greenhouse gas carbon dioxide shall not include carbon dioxide emissions
resulting from the combustion or decomposition of non-fossilized and
biodegradable organic material originating from plants, animals, or
micro-organisms (including products, by-products, residues and waste from
agriculture, forestry and related industries as well as the non-fossilized and
biodegradable organic fractions of industrial and municipal wastes, including
gases and liquids recovered from the decomposition of non-fossilized and
biodegradable organic material).
(b) Sum the
resultant value from paragraph (b)(49)(ii)(a) of this section for each
gas to compute a tpy CO2e.
(iii) The term emissions
increase as used in paragraphs (b)(49)(iv) through (v) of this section shall
mean that both a significant emissions increase (as calculated using the
procedures in paragraph (a)(2)(iv) of this section) and a significant net
emissions increase (as defined in paragraphs (b)(3) and (b)(23) of this
section) occur. For the pollutant GHGs, an emissions increase shall be based on
tpy CO2e, and shall be calculated assuming
the pollutant GHGs is a regulated NSR pollutant, and ‘‘significant’’ is defined
as 75,000 tpy CO2e instead of applying the
value in paragraph (b)(23)(ii) of this section.
(iv) Beginning
January 2, 2011, the pollutant GHGs is subject to regulation if:
(a) The
stationary source is a new major stationary source for a regulated NSR
pollutant that is not GHGs, and also will emit or will
have the potential to emit 75,000 tpy CO2e
or more; or
(b) The
stationary source is an existing major stationary source for a regulated NSR
pollutant that is not GHGs, and also will have an emissions
increase of a regulated NSR pollutant, and an emissions increase of 75,000 tpy CO2e or more; and,
(50) Regulated NSR pollutant, for purposes of
this section, means the following:
(i) Any pollutant for which a national ambient air
quality standard has been promulgated. This includes, but is not limited to,
the following:
(a) PM2.5 emissions and PM10
emissions shall include gaseous emissions from a source or activity, which
condense to form particulate matter at ambient temperatures. On or after
January 1, 2011, such condensable particulate matter shall be accounted for in
applicability determinations and in establishing emissions limitations for PM2.5
and PM10 in PSD permits. Compliance with emissions limitations for PM2.5
and PM10 issued prior to this date shall not be based on condensable
particulate matter unless required by the terms and conditions of the permit or
the applicable implementation plan. Applicability determinations made prior to
this date without accounting for condensable particulate matter shall not be
considered in violation of this section unless the applicable implementation
plan required condensable particulate matter to be included.
(b) Any pollutant identified under this paragraph
(b)(50)(i)(b) as a constituent or precursor for a
pollutant for which a national ambient air quality standard has been promulgated.
Precursors identified by the Administrator for purposes of NSR are the following:
(1) Volatile organic compounds and nitrogen oxides
are precursors to ozone in all attainment and unclassifiable areas.
(2) Sulfur dioxide is a precursor to PM2.5 in all attainment
and unclassifiable areas.
(3) Nitrogen oxides are presumed to be precursors
to PM2.5 in all attainment and unclassifiable areas, unless the State demonstrates
to the Administrator's satisfaction or EPA demonstrates that emissions of
nitrogen oxides from sources in a specific area are not a significant
contributor to that area's ambient PM2.5 concentrations.
(4) Volatile organic compounds are presumed not to
be precursors to PM2.5 in any attainment or unclassifiable area, unless the
State demonstrates to the Administrator's satisfaction or EPA demonstrates that
emissions of volatile organic compounds from sources in a specific area are a
significant contributor to that area's ambient PM2.5 concentrations.
(ii) Any pollutant that is subject to any standard
promulgated under section 111 of the Act;
(iii) Any Class I or II substance subject to a
standard promulgated under or established by title VI of the Act;
(iv) Any pollutant that otherwise is subject to
regulation under the Act as defined in paragraph (b)(49) of this section.
(v) Notwithstanding paragraphs (b)(50)(i) through (iv) of this section, the term regulated NSR
pollutant shall not include any or all hazardous air pollutants either listed
in section 112 of the Act, or added to the list pursuant to section 112(b)(2)
of the Act, and which have not been delisted pursuant to section 112(b)(3) of
the Act, unless the listed hazardous air pollutant is also regulated as a
constituent or precursor of a general pollutant listed under section 108 of the
Act.
40
CFR 60.2 Definitions.
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.
40
CFR 60.41 Definitions.
Coal means all solid
fuels classified as anthracite, bituminous, subbituminous, or lignite by ASTM
D388 (incorporated by reference, see §60.17).
40 CFR 70.2 Definitions:
Affected States
are all States:
(1) Whose air quality may be affected
and that are contiguous to the State in which a part 70 permit, permit modification
or permit renewal is being proposed; or
(2) That are within 50 miles of the permitted
source.
Applicable requirement means all of the following as they apply to emissions units in a
part 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 standard 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 permits 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 111 of the Act, including section 111(d);
(4) Any standard or other requirement
under section 112 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
under section 126(a)(1) and (c) of the Act;
(8) Any standard or other requirement
governing solid waste incineration, under section 129 of the Act;
(9) Any standard or other requirement
for consumer and commercial products, under section 183(e) of the Act;
(10) Any standard or other requirement
for tank vessels under section 183(f) of the Act;
(11) Any standard or other requirement
of the program to control air pollution from outer continental shelf sources,
under section 328 of the Act;
(12) 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 requirements need
not be contained in a title V permit; and
(13) 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.
Emissions allowable under the permit means a federally
enforceable permit 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.
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.
Final permit means the version
of a part 70 permit issued by the permitting authority that has completed all
review procedures required by §§70.7 and 70.8 of this part.
Fugitive emissions are those emissions
which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.
General permit means a part 70
permit that meets the requirements of §70.6(d).
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 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 lesser
quantity as the 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 subject to regulation (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--The term chemical processing plant shall not include ethanol production
facilities that produce ethanol by natural fermentation included in NAICS codes
325193 or 312140;
(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) Any other
stationary source category, which as of August 7, 1980
is being regulated under section 111 or 112 of the Act.
(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 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 Administrator has made a finding,
under section 182(f) (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 particulate matter (PM-10) nonattainment
areas classified as “serious,” sources with the potential to emit 70 tpy or more of PM-10.
Potential to emit means the maximum capacity of a stationary source 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.
Regulated
air pollutant means the following:
(1) Nitrogen oxides or any volatile organic compounds;
(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 section 111 of the Act;
(4) Any Class I or II substance subject to a
standard promulgated under or established by title VI of the Act;
or
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 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 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.
Part 70 permit or permit (unless the context suggests otherwise) means any
permit or group of permits covering a part 70 source that is issued, renewed,
amended, or revised pursuant to this part.
Subject to regulation means, for any air
pollutant, that the pollutant is subject to either a provision in the Clean Air
Act, or a nationally-applicable regulation codified by the Administrator in
subchapter C of this chapter, that requires actual control of the quantity of
emissions of that pollutant, and that such a control requirement has taken
effect and is operative to control, limit or restrict the quantity of emissions
of that pollutant released from the regulated activity. Except that:
(1)
Greenhouse gases (GHGs), the air pollutant defined in §
86.1818–12(a) of this chapter as the aggregate group of six greenhouse gases:
carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons,
and sulfur hexafluoride, shall not be subject to regulation unless, as of July
1, 2011, the GHG emissions are at a stationary source emitting or having the
potential to emit 100,000 tpy CO2
equivalent emissions.
(2)
The term tpy CO2 equivalent
emissions (CO2e) shall represent an amount of GHGs emitted, and shall be computed by multiplying the mass
amount of emissions (tpy), for each of the six
greenhouse gases in the pollutant GHGs, by the gas’s associated global warming
potential published at Table A–1 to subpart A of part 98 of this chapter—Global
Warming Potentials, and summing the resultant value for each to compute a tpy CO2e.
For purposes of this paragraph, prior to July 21, 2014, the mass of the
greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting
from the combustion or decomposition of non-fossilized and biodegradable
organic material originating from plants, animals, or micro-organisms
(including products, by-products, residues and waste from agriculture, forestry
and related industries as well as the non-fossilized and biodegradable organic
fractions of industrial and municipal wastes, including gases and liquids
recovered from the decomposition of non-fossilized and biodegradable organic
material).
40 CFR 70.7 Permit issuance, renewal, reopenings, and revisions:
(d) Administrative permit amendments.
(1) An “administrative permit amendment” is a permit revision that:
(i) Corrects typographical errors;
(ii) 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;
(iii) Requires more frequent monitoring or reporting
by the permittee;
(iv) Allows for a change in ownership or
operational control of a source where the permitting authority 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 permittee has been submitted to the permitting
authority;
Appendix E: Definition from Env-Hw
Env-Hw 104.76
“Used oil” means any oil that has been
refined from crude oil and any synthetic oil that, through use or handling, has
become unsuitable for its original purpose due to the presence of physical or chemical
impurities or loss of original properties.