§ 27-174. Definitions.
When a word, term or phrase is not defined herein, the definitions set forth in Rules 62-204.200, 62-210.200, and 62-257.200, F.A.C., are adopted and incorporated into this article by reference. The following words, terms and phrases when used in this article shall have the indicated meaning:
Acid Rain Program means the national sulfur dioxide and nitrogen oxides air pollution control and emissions reduction program established pursuant to 42 U.S.C. Sections 7651—7651o and 40 C.F.R. Parts 72, 73, 75, 76, 77, and 78, adopted and incorporated by reference in Rule 62-204.800, F.A.C.
Act means the Federal Clean Air Act (42 U.S.C. Section 7401, et seq.) ("CAA").
Actual emissions means the actual rate of emission of a pollutant from a source as determined in accordance with the following provisions:
(a)
Actual emissions as of a particular date shall equal the average rate, in tons per year, at which the source actually emitted the pollutant during a two (2) year period which precedes the particular date and which is representative of the normal operation of the source. EPGMD may allow the use of a different time period upon a determination that it is more representative of the normal operation of the source. Actual emissions shall be calculated using the source's actual operating hours, production rates and types of materials processed, stored, or combusted during the selected time period.
(b)
EPGMD may presume that source specific allowable emissions for a source are equivalent to the actual emissions of the source provided that, for any air pollutant that is specifically regulated by the United States Environmental Protection Agency ("EPA") under the CAA, such source specific allowable emissions limits are specified in the license or permit conditions.
(c)
For a source which has not completed start-up and testing on a particular date, actual emissions shall equal the potential emissions of the source on that date.
(d)
For an electric utility steam generating unit (other than a new unit or the replacement of an existing unit), actual emissions of the unit following a physical or operational change shall equal the representative actual annual emissions (as defined in this section) of the unit following the physical or operational change, provided the owner or operator maintains and submits to DEP on an annual basis for a period of five (5) years, representative of normal post-change operations of the unit, within the period not longer than ten (10) years following the change, information demonstrating that the physical or operational change did not result in an emissions increase.
Air pollutant means any substance (particulate, liquid, gaseous, organic or inorganic) which if released, allowed to escape, or emitted, whether intentionally or unintentionally, into the outdoor atmosphere may result in or contribute to air pollution.
Air pollution means the presence in the outdoor atmosphere of the county of any one or more substances or pollutants in quantities which are or may be harmful or injurious to human health or welfare, animal or plant life, or property, or unreasonably interfere with enjoyment of life or property, including outdoor recreation.
Air pollution control equipment means equipment, including that used to separate entrained particulate matter or organic vapors from gases, gas separation equipment, thermal oxidation equipment, and chemical reaction/conversion equipment, which is designed and used to reduce the discharge of one or more specific air pollutants to the outdoor atmosphere.
Allowable emissions means the emission rate calculated using the maximum rate capacity of the emissions unit, as limited or modified by any state or federally enforceable restrictions on the operating rate or hours of operation, or both, and the most stringent state or federal emission limiting standard applicable to the emissions unit; or the maximum allowable emission rate specified by any state or federally enforceable permit conditions.
Ambient air quality standard means a restriction established to limit the quantity or concentration of an air pollutant that may be allowed to exist in the ambient air for any specific period of time.
(a)
National Ambient Air Quality Standard means an ambient standard established by EPA as listed in 40 C.F.R. 50.
Ambient standard shall have the same meaning as ambient air quality standard as defined above.
Applicable requirement, for the purposes of the permitting requirements of Chapter 62-213, F.A.C., means all of the following as they apply to a Title V Source or any emissions unit at such source:
(a)
Any standard or other requirement provided for in the State Implementation Plan ("SIP"), as amended;
(b)
Any term or condition of any preconstruction permit issued pursuant to 40 C.F.R. 52.21, Rule 62-204.800(10)(d)2., F.A.C., Rule 62-212.300, F.A.C., Rule 62-212.400, F.A.C., Rule 62-212.500, F.A.C., or Rule 62-4.210, F.A.C.;
(c)
Any term or condition of any air operation permit issued pursuant to Rule 62-210.300(2)(b), F.A.C.;
(d)
Any standard or other requirement under Chapters 62-4, 62-204, 62-210, 62-212, 62-213, 62-214, 62-252, 62-256, 62-257, 62-281, 62-296, or 62-297, F.A.C.;
(e)
Any standard or other requirement under the Federal Acid Rain Program, as amended;
(f)
Any standard or other requirement of 42 U.S.C. Section 7412;
(g)
If incorporated into EPGMD's most recent Specific Operating Agreement with DEP, as amended ("SOA"), any standard or other requirement of a local air regulatory program having geographical jurisdiction over the emission unit, unless such standard or requirement conflicts with the provisions of the Federal Acid Rain Program or the Florida Electrical Power Plant Siting Act;
(h)
Any standard or other requirement of 40 C.F.R. Part 55, adopted and incorporated by reference in Rule 62-204.800, F.A.C.;
(i)
Any applicable standard or other requirement of Subpart A, B, C, E, F, or G of 40 C.F.R. Part 82, adopted and incorporated by reference in Rule 62-204.800, F.A.C.;
(j)
For the purposes of the permitting requirements of Chapters 62-210 and 62-212, F.A.C., means all of the following as they apply to any facility(ies) or to any emissions unit within such facility(ies): any term or condition of any DEP or EPGMD air quality permit; any term or condition of any preconstruction permit issued pursuant to 40 C.F.R. 52.21; and any standard or other requirement under Chapters 62-4, 62-204, 62-210, 62-212, 62-252, 62-256, 62-257, 62-281, 62-296, or 62-297, F.A.C.
Asbestos means the asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite.
Asphalt means a dark brown to black cementitious material (solid, semi-solid, or liquid in consistency) in which the predominating constituents are bitumens which occur in nature as such or which are obtained as a residue in refining petroleum.
Best Available Control Technology ("BACT") means an emission limitation, including a visible emissions standard, based on the maximum degree of reduction of each pollutant emitted which DEP, on a case by case basis, taking into account energy, environmental and economic impacts, and other costs, determines is achievable through application of production processes and available methods, systems and techniques (including fuel cleaning or treatment or innovative fuel combustion techniques) for control of each such pollutant.
(a)
If DEP determines that technological or economic limitations on the application of measurement methodology to a particular part of an emissions unit or source would make the imposition of an emission standard infeasible, a design, equipment, work practice, operational standard or combination thereof, may be prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth the emissions reductions achievable by implementation of such design, equipment, work practice or operation.
(b)
Each BACT determination shall include applicable test methods or shall provide for determining compliance with the standard(s) by means which achieve equivalent results.
Biological waste means solid waste that causes or has the capability of causing disease or infection, and includes but is not limited to biohazardous waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals.
Boiler means an enclosed fossil or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or any other medium.
Cause means, with respect to a violation of an air quality emission standard, to have a significant impact on the ambient air concentration of a pollutant at any locality that does not or would not meet the applicable standard.
Clean Air Act ("CAA") shall have the same meaning as act as defined above.
Coating means the application of a protective, decorative, or functional film to a surface, or the film itself.
Complete, in reference to an application for a license or permit, means that the application contains all of the information necessary for processing the application.
Construction means the act of performing on-site fabrication, erection, installation or modification of a source or facility(ies) of a permanent nature, including, but not limited to, installation of foundations or building supports, laying of underground pipe work or electrical conduit; and fabrication or installation of permanent storage structures, component parts of a source or facility(ies), associated support equipment, or utility connections. Land clearing and other site preparation activities are not considered part of construction activities.
Construction permit means the legal authorization granted by EPGMD or DEP to construct, expand, modify, or make alterations to any source of air pollution and to temporarily operate and test such new or modified installations.
Continuous monitoring system means all equipment, required under applicable rules used to calibrate, sample, condition (if applicable), and analyze air emissions, or used to provide a permanent record of emissions or process parameters.
Contribute shall have the same meaning as cause defined above.
Crematory means an incinerator designated and used exclusively for reducing human and animal remains to ashes and bone fragments.
Cruise mode means a constant rate of speed at which a vehicle is moving.
Discharge point means the point at which an air pollutant first enters the outdoor atmosphere.
Electric utility means cities and towns, counties, public utility districts, regulated electric companies, electric cooperatives, and joint operating agencies, or combinations thereof, engaged in, or authorized to engage in, the business of generating, transmitting, or distributing electric energy.
Emergency generator means any stationary generator powered by an internal combustion engine which operates no more than five hundred (500) hours per year as a mechanical or electrical power source to provide power internal to a facility(ies) only when the primary power source for that facility(ies) has been rendered inoperable.
Emission means the discharge or release into the outdoor atmosphere of one or more air pollutants.
Emission limitation means any restriction established in or pursuant to a regulation established in this article which limits the quantity, rate, concentration or opacity of any pollutant released, allowed to escape or be emitted, whether intentionally or unintentionally, into the outdoor atmosphere, including any restriction which prescribes equipment, sets fuel specifications, or prescribes operation or maintenance procedures for a source to assure emission reduction or control.
Emission limiting standard shall have the same meaning as emission limitation as defined above.
Emission point shall have the same meaning as discharge point as defined above.
Emission standard shall have the same meaning as emission limitation as defined above.
Emissions unit means any part or activity of a facility(ies) that emits or has the potential to emit any air pollutant.
Facility(ies) means all of the Stationary Sources which are located on one or more contiguous or adjacent properties and which are under the control of the same person (or persons under common control).
Federal Acid Rain Program shall have the same meaning as acid rain program as defined above.
Federally enforceable means, pertaining to limitations and conditions which are enforceable by EPA, including any requirements developed pursuant to Title 40 of the C.F.R., any requirements within the SIP, and any one of the requirements established pursuant to permits issued under the following:
(a)
The State's Title V operation permit program, consistent with 40 C.F.R. Part 70;
(b)
Rule 62-210.300(2)(b), F.A.C.;
(c)
40 C.F.R. 52.21; or
(d)
Rule 62-204.800(1)(d)2., F.A.C.; Rule 212.300, F.A.C.; Rule 62-212.400, F.A.C.; Rule 62-212.500, F.A.C.; or Rule 62-4.210, F.A.C.
Florida registered professional engineer shall have the meaning given it in Chapter 27, Article X of the Code.
Fossil fuel means natural gas, petroleum, coal or any form of solid, liquid or gaseous fuel derived from such material.
Fossil fuel steam generators means furnaces and boilers which produce steam by combustion of oil, coal, or gas of fossil origin.
Fugitive emissions means those emissions which could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening.
Gasoline means any petroleum distillate having a Reid Vapor Pressure of four (4) psia (27.6 kilopascals) or greater.
Generator means a device that uses mechanical energy to produce electricity.
Hazardous Air Pollutant ("HAP") shall have the same meaning given it in 42 U.S.C. Section 7412(b)(1) as amended by 40 C.F.R. 63, Subpart C.
Hazardous material shall have the same meaning given it in Section 27-352 of the Code.
Heat input means the product of the gross calorific value of the fuel and the fuel feed rate into the combustion device, and not including the heat derived from preheated combustion air, recirculated flue gases, or exhaust from other sources.
Hood means a partial enclosure or canopy for capturing and exhausting, by means of a draft, an air pollutant rising from an activity, process, or source of the air pollutant.
Hydrocarbon means any organic compound of carbon and hydrogen only.
Idle mode means a motor vehicle engine that is running although the motor vehicle is at rest.
Incinerator means a combustion apparatus designed for the ignition and burning of solid, semi-solid, liquid or gaseous combustible wastes.
Installation means any structure, equipment, facility(ies), or appurtenances thereto, operation or activity which is or may be a source of pollution as defined in Chapter 403, Florida Statutes, as amended.
License shall have the same meaning given it in Chapter 27, Article I, of the Code.
Lowest Achievable Emission Rate ("LAER") means an allowable emission rate determined in accordance with the provisions of Rule 62-212.500, F.A.C. This term, applied to a modification, means the lowest achievable emission rate for that portion of the facility(ies) which is modified.
Major Source of air pollution means a facility(ies) containing an emissions unit, or any group of emissions units, which is or includes any of the following:
(a)
For pollutants other than radionuclides, any emissions unit or group of emissions units that emits or has the potential to emit, in the aggregate, twenty thousand (20,000) pounds per year or more of any one Hazardous Air Pollutant ("HAP"), fifty thousand (50,000) pounds per year or more of any combination of HAPs, or any lesser quantity of a HAP as established through EPA rulemaking. Notwithstanding the preceding sentence, HAP emissions from any oil or gas exploration or production well (along with its associated equipment) and HAP emissions from any pipeline compressor or pump station shall not be aggregated with HAP 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 Title V Sources;
(b)
An emissions unit or group of emissions units, all belonging to the same two-digit Major Group as described in the Standard Industrial Classification Manual, 1987, that directly emits or has the potential to emit, one hundred (100) tons per year or more of any regulated air pollutant. The fugitive emissions of an emissions unit or group of emissions units shall not be considered in determining whether it is a Title V Source for purposes of this paragraph unless the emissions unit or group of emissions units belongs to one of the following categories:
(1)
Coal cleaning plants (with thermal dryers);
(2)
Kraft pulp mills;
(3)
Portland cement plants;
(4)
Primary zinc smelters;
(5)
Iron and steel mills;
(6)
Primary aluminum ore reduction plants;
(7)
Primary copper smelters;
(8)
Municipal incinerators capable of charging more than two hundred fifty (250) tons of refuse per day;
(9)
Hydrofluoric, sulfuric, or nitric acid plants;
(10)
Petroleum refineries;
(11)
Lime plants;
(12)
Phosphate rock processing plants;
(13)
Coke oven batteries;
(14)
Sulfur recovery plants;
(15)
Carbon black plants (furnace process);
(16)
Primary lead smelters;
(17)
Fuel conversion plants;
(18)
Sintering plants;
(19)
Secondary metal production plants;
(20)
Chemical process plants;
(21)
Fossil-fuel boilers (or combination thereof) totaling more than two hundred fifty million (250,000,000) British thermal units ("BTU") per hour heat input;
(22)
Petroleum storage and transfer units with a total storage capacity exceeding three hundred thousand (300,000) barrels;
(23)
Taconite ore processing plants;
(24)
Glass fiber processing plants;
(25)
Charcoal production plants;
(26)
Fossil fuel-fired steam electric plants of more than two hundred fifty million (250,000,000) BTU per hour heat input;
(27)
All other Stationary Source categories regulated by a standard promulgated under Section 111, Standards of Performance for New Stationary Sources, or Section 112, Hazardous Air Pollutants, of the Federal CAA, but only with respect to those air pollutants that have been regulated for that category;
(c)
Any emissions unit or group of emissions units, all belonging to the same two-digit Major Group as described in the Standard Industrial Classification Manual, 1987, that emits or has the potential to emit, two hundred fifty (250) tons per year or more of any regulated air pollutant or which belongs to one of the following source categories and emits or has the potential to emit one hundred (100) tons per year or more of any regulated air pollutant; provided, however, the fugitive emissions of an emissions unit or group of emission units shall not be considered in determining whether it is a Title V Source for purposes of this paragraph unless the emission unit belongs to one of the following source categories or to any other Stationary Source category, which as of August 7, 1980, is regulated under Section 111 or 112 of the CAA:
(1)
Fossil-fuel fired steam electric plants of more than two hundred fifty million (250,000,000) BTUs per hour heat input;
(2)
Coal cleaning plants (thermal dryers);
(3)
Kraft pulp mills;
(4)
Portland cement plants;
(5)
Primary zinc smelters;
(6)
Iron and steel mill plants;
(7)
Primary aluminum ore reduction plants;
(8)
Primary copper smelters;
(9)
Municipal incinerators capable of charging more than two hundred fifty (250) tons of refuse per day;
(10)
Hydrofluoric, sulfuric, and nitric acid plants;
(11)
Petroleum refineries;
(12)
Lime plants;
(13)
Phosphate rock processing plants;
(14)
Coke oven batteries;
(15)
Sulfur recovery plants;
(16)
Carbon black plants (furnace process);
(17)
Primary lead smelters;
(18)
Fuel conversion plants;
(19)
Sintering plants;
(20)
Secondary metal production facilities;
(21)
Chemical process plants;
(22)
Fossil-fuel boilers of more than two hundred fifty million (250,000,000) BTU per hour heat input;
(23)
Petroleum storage and transfer facilities with a capacity exceeding three hundred thousand (300,000) barrels;
(24)
Taconite ore processing facilities;
(25)
Glass fiber processing plants;
(26)
Charcoal production facilities;
(d)
A major Stationary Source as described in Part D of Title I of the Federal CAA which includes:
(1)
For ozone nonattainment areas, an emissions unit or group of emissions units, all belonging to the same two-digit Major Group as described in the Standard Industrial Classification Manual, 1987, with the potential to emit one hundred (100) tons per year or more of volatile organic compounds or oxides of nitrogen in areas classified as "marginal" or "moderate," fifty (50) tons per year or more in areas classified as "serious," twenty-five (25) tons per year or more in areas classified as "severe," and ten (10) tons per year or more in areas classified as "extreme"; except that the references in this clause to 100, 50, 25, and 10 tons per year of nitrogen oxides shall not apply with respect to any source for which EPA has made a finding, under 42 U.S.C. Section 7511a(f)(1) or (2), that requirements under 42 U.S.C. Section 7511a(f) do not apply;
(2)
For ozone transport regions established pursuant to 42 U.S.C. Section 7511c, an emissions unit or group of emissions units, all belonging to the same two-digit Major Group as described in the Standard Industrial Classification Manual, 1987, with the potential to emit fifty (50) tons per year or more of volatile organic compounds (VOCs);
(3)
For carbon monoxide nonattainment areas (i) that are classified as "serious," and (ii) in which Stationary Sources contribute significantly to carbon monoxide levels as determined under rules issued by EPA, an emissions unit or group of emissions units, all belonging to the same two-digit Major Group as described in the Standard Industrial Classification Manual, 1987, with the potential to emit 50 tons per year or more of carbon monoxide;
(4)
For particulate matter (PM-10) nonattainment areas classified as "serious," and emissions unit or group of emissions units, all belonging to the same two-digit Major Group as described in the Standard Industrial Classification Manual, 1987, with the potential to emit 70 tons or more per year of PM-10;
(e)
An emissions unit or group of emissions units, all belonging to the same two-digit Major Group as described in the Standard Industrial Classification Manual, 1987, that emits or has the potential to emit five (5) tons per year or more of lead or lead compounds, measured as elemental lead;
(f)
An emissions unit or group of emissions units with one or more emissions units subject to standards or regulations promulgated under 42 U.S.C. Section 7411 - Standards of Performance for New Stationary Sources; or 42 U.S.C. Section 7412 - Hazardous Air Pollutants; provided, however, that such emissions unit or group of emissions units is not a Title V Source solely because:
(1)
It is regulated under the Prevention of Accidental Releases criteria (42 U.S.C. Section 7412(r)); or
(2)
It is subject to a reporting requirement; or
(3)
It is subject to 40 C.F.R. Part 61, Subpart M - National Emission Standard for Asbestos, Section 61.145, Standard for Demolition and Renovation, adopted and incorporated by reference into Rule 62-204.800, F.A.C.; or
(4)
It is subject to a standard or regulation promulgated under 42 U.S.C. Section 7411, unless such standard or regulation specifies that the emission unit or group of emissions units requires a Title V permit.
(g)
One or more acid rain units; or
(h)
An emissions unit or group of emissions units designated as a Part 70 source under 40 C.F.R. 70.3(a)(5), adopted and incorporated by reference in Rule 62-204.800, F.A.C.
Malfunction means any unavoidable mechanical and/or electrical failure of air pollution control equipment or process equipment of a process resulting in operation in an abnormal or unusual manner.
Mercury recovery facility(ies) means a facility(ies) where operations or processes are performed or equipment is used to receive and process spent mercury-containing lamps or devices for the purpose of crushing or dismantling or separating the lamps or devices in a manner as to produce: separated individual recyclable components such as glass and scrap metal; and mercury-containing phosphor powder, ampoules or other mercury-containing residuals which will be processed at a mercury reclamation facility(ies) for the purpose of reclamation of the mercury.
Method of operation means for the purposes of the Title V Source Permitting Program, a procedure to operate one or more specific emissions units within a Title V Source in a particular manner which may affect air pollutant emissions.
Modification means any physical change in the method of operation, or addition to a Stationary Source, facility(ies), or parking facility(ies) which increases the actual emissions of any air pollutant that is specifically regulated by EPA under the CAA, including any not previously emitted, from any source, facility(ies), or parking facility(ies).
(a)
A physical change shall not include:
(1)
Routine maintenance, repair and replacement of component parts of an emissions unit; or
(2)
A change in ownership.
(b)
For any pollutant that is specifically regulated by the EPA under the CAA, a change in the method of operation shall not include an increase in the production rate or in hours of operation, if such increase does not exceed the operating design capacity of the source, unless such change would be prohibited under any applicable EPGMD air quality license or permit.
Motor vehicle means any device powered by an internal-combustion engine, excluding two-stroke gasoline engines manufactured prior to 1976, and on or in which any person or property may be transported.
Natural gas means a naturally occurring fluid mixture of hydrocarbons containing little or no sulfur, produced in geological formations beneath the earth's surface, and maintaining a gaseous state at standard atmospheric temperature and pressure conditions.
NESHAP means National Emission Standards for Hazardous Air Pollutants.
New Source means a source which is not in existence, for which an application for a license or construction permit has not been submitted before the effective date of an applicable section or provision, or which has been reclassified as a New Source pursuant to any provision of this chapter.
Nitrogen oxides means all oxides of nitrogen except nitrous oxide.
Nonattainment area means any area not meeting ambient air quality standards and designated as a nonattainment area under Rule 62-204.340, F.A.C. Such an area may be designated as a particulate, sulfur dioxide, nitrogen dioxide, carbon monoxide, lead or ozone nonattainment area, depending on which ambient standard has been violated. An area may be designated as nonattainment for more than one air pollutant. Ozone nonattainment areas may be transitional, marginal, moderate, serious, severe, or extreme as classified in Rule 62-204.340, F.A.C.
NSPS means New Source Performance Standards.
Nuisance has the same meaning given it in Section 27-4 of the Code.
Objectionable odor means any odor present in the outdoor atmosphere which, by itself or in combination with other odors, is or may be harmful or injurious to human health or welfare, which unreasonably interferes with the comfortable use and enjoyment of life or property, or which creates a nuisance.
Odor means a sensation resulting from stimulation of the human olfactory organ.
Opacity means a condition which renders material partially or wholly impervious to rays of light, causing obstruction of the observer's view.
Operation permit means the legal authorization granted by EPGMD or DEP to operate or maintain any installation for a specified period of time.
Operator shall have the same meaning given person in Section 27-4 of the Code.
Organic compound means any substance that contains the element carbon, except carbon oxides and various carbonates.
Oven means a chamber within which heat is used to bake, cure, polymerize, and/or dry a surface coating.
Owner shall have the same meaning given person in Section 27-4 of the Code.
Ozone-depleting substances shall have the meaning given it in 40 C.F.R. 82, Subpart A, Appendix A, as amended.
Parking facility(ies) means a building, structure, property, or installation which accommodates or may accommodate automobiles, trucks or buses, and which is located on one or more contiguous or adjacent properties and which is under the control of the same person (or persons under common control) or located on the same property and/or under common use.
Particulate matter means:
(a)
With respect to concentrations in the outdoor atmosphere, particulate matter means any airborne finely divided solid or liquid material;
(b)
With respect to emissions, particulate matter means all finely divided solid or liquid material, other than uncombined water, emitted to the outdoor atmosphere as measured by applicable reference methods, or an equivalent or alternative method, adopted as part of Chapter 62-297, F.A.C.
Performance standard shall have the same meaning as emission limitation.
Permit means the legal authorization to engage in or conduct any construction, operation, modification, or expansion or any installation, structure, equipment, facility(ies), or appurtenances thereto, operation, or activity which will reasonably be expected to be a source of pollution.
Permit condition means a statement or stipulation which is issued with a permit and which must be complied with.
Permit modification means any alteration to a permit term or condition except the Administrative Permit Correction described in Rule 62-210.360, F.A.C.
Pollution prevention shall have the meaning given it in Section 27-4 of the Code.
Potential emissions means the maximum capacity of a source or facility(ies) to emit a pollutant under its physical and operational design. Any enforceable physical or operational limitation on the capacity of the source or facility(ies) to emit a pollutant, including any air pollution control equipment and any 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 provided that, for any air pollutant that is specifically regulated by EPA under the CAA, such physical or operational limitation is federally enforceable. Potential emissions of a source or facility(ies) do not include any secondary emissions that may be associated with the source or the facility(ies).
Potential to emit shall have the same meaning as potential emissions as defined above.
Process weight means the total weight of all materials introduced into any process. Solid fuels and recycled materials are included in the determination of process weights; but uncombined water, liquid and gaseous fuels, combustion air, or excess air are not included.
Reasonably available control technology ("RACT") means the lowest emission limit that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. It may require technology that has been applied to similar, but not necessarily identical, source categories.
Receptor sites shall mean such locations where people might reasonably be exposed to air pollutants for time periods, consistent with the NAAQS. In general, a receptor site shall be at a distance no closer than thirty (30) feet to any roadway and no greater than one-fourth (¼) mile from the proposed source.
Regulated air pollutant means nitrogen oxides or any volatile organic compound; any pollutant regulated under 42 U.S.C. Section 7411 - Standards of Performance for New Stationary Sources, or 42 U.S.C. Section 7412 - Hazardous Air Pollutants; or any pollutant for which a national primary ambient air quality standard has been specified at 40 C.F.R. Part 50.
Reid Vapor Pressure means the absolute vapor pressure of volatile crude oil and volatile non-viscous petroleum liquids, except liquefied petroleum gases as determined by American Society for Testing and Materials, Part 17, 1973, D-323-72 (reapproved 1977).
Representative actual annual emissions means the average rate, in tons per year, at which the source is projected to emit a pollutant for the two-year period after a physical change or change in the method of operation of a unit, or a different consecutive two-year period within ten (10) years after that change, where EPGMD determines that such period is more representative of normal source operations, considering the effect any such change will have on increasing or decreasing the hourly emissions rate and on projected capacity utilization. In projecting future emissions EPGMD shall:
(a)
Consider all relevant information, including, but not limited to, historical operational data, the company's own representations, filings with the state or federal regulatory authorities, and compliance plans under Title IV of the CAA; and
(b)
Exclude, in calculating any increase in emissions that results from the particular physical change or change in the method of operation at an electric utility steam generating unit, that portion of the unit's emissions following the change that could have been accommodated during the representative baseline period and is attributable to an increase in projected capacity utilization at the unit that is unrelated to the particular change, including any increased utilization due to the rate of electricity demand growth for the utility system as a whole.
Residential dwelling unit means a house, apartment, or condominium unit, trailer, group of rooms, or a single room intended for occupancy as separate living quarter with direct access from the outside of the building or through a common hall and with complete kitchen facilities for the exclusive use of the occupants, including rental units contained in a multi-unit structure or complex which are licensed by the State Department of Business Regulation, Division of Hotels and Restaurants, as "apartment," "rental condominiums" and "retirement housing," or live-aboard vessels located in multi-family "residential" designated areas which are required to hookup to marine sanitation systems.
Responsible official means one of the following:
(a)
For a corporation, the president, vice-president, secretary, or treasurer 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 under Chapter 62-213, F.A.C.;
(b)
For a partnership or sole proprietorship, a general partner or the proprietor, respectively; or
(c)
For a municipality, county, state, federal, or other public agency, either a principal executive officer or ranking elected official.
Secondary emissions means the emissions which occur as a result of the construction or operation of a facility or a modification to a facility but which are not discharged into the outdoor atmosphere from the facility itself. Secondary emissions may include, but are not limited to, emissions from ships or trains coming to or leaving a new or modified facility and emissions from any off-site support facility which would not otherwise be constructed or increase its emissions except as a result of the construction or operation of the new or modified facility. Secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the facility(ies) or modification which causes the secondary emissions.
Shutdown means the cessation of the operation of a source for any purpose.
Solvent means organic materials which are liquid at standard conditions and which are used as dissolvers, viscosity reducers, or cleaning agents.
Solvent metal cleaning means the process of cleaning soil from metal surfaces by cold cleaning or open top vapor degreasing or conveyorized degreasing.
Source means an identifiable piece of equipment, or the smallest integral combination of pieces of equipment, structures, and necessary appurtenances, that is used as a complete unit to accomplish a specific purpose or to produce a specific product, and which:
(a)
Includes at least one activity or operation which is the point of origin of an air pollutant, in that it separates or allows the separation of a pollutant from process or other materials or accomplishes the conversion of all or part of various materials or fuels into a pollutant;
(b)
Has at least one emission or discharge point; and
(c)
Exists at or is designed to be operated as a unit at a fixed location, although parts of the source may move while the source is in operation.
Stack means a pipe, duct, chimney, or other functionally equivalent device that confines and conveys air pollutants from a source or group of sources into the outdoor atmosphere through an emission point designed to discharge air pollutants into the outdoor atmosphere, but not including flares.
Standard conditions means a temperature of sixty-eight degrees Fahrenheit (68°F) or twenty degrees Celsius (20°C) and a pressure of fourteen and seven-tenths pounds per square inch absolute (14.7 psia) or seven hundred and sixty millimeters Hg (760 mm Hg).
Startup means the initial commencement of operation of any source or the commencement of operation of any source which has shut down or ceased operation.
State Implementation Plan ("SIP") means EPA-approved plan which Section 110 of the CAA requires a state to submit to the Administrator of EPA.
Stationary Source shall have the same meaning as source as defined above.
Title V shall mean Title V of the CAA Amendments of 1990.
Title V Source shall have the same meaning as Major Source as defined above.
Unconfined emissions means emissions which escape and become airborne from unenclosed operations or which are emitted into the outdoor atmosphere without being conducted through a stack.
U.S.C. shall mean the United States Code.
Utility means any person as defined in Section 27-4 of the Code that sells electricity.
Visible emission means an emission greater than five (5) percent opacity measured by EPA or DEP approved test methods.
Volatile organic compounds (VOCs) shall have the same meaning given it in 40 C.F.R. 51.100(s).
Volume reduction process means a facility where operations or processes are performed or equipment is used to receive and process spent mercury-containing lamps or devices in a manner such as crushing, grinding, compacting, or physically altering the state of the lamps or devices and which does not produce separation of the residuals, and is used for the size or volume reduction of lamps or mercury containing devices.
Worst-case scenario describes the different pathway combination exposures at the maximum exposure levels of toxic pollutants.
(Ord. No. 2006-19, § 1, 6-27-06; Ord. No. 2009-56, §§ 1, 4, 8-25-09)