17.04.340 Words, phrases, and terms.

   Words, phrases, and terms used in this title shall have the following meanings except where any narrative portion specifically indicates otherwise:

   A.   Definitions.

      1.   "Acid mist" means sulfuric acid mist as measured in the Arizona Testing Manual and 40 CFR 60, Appendix A.

      2.   "Act" or "Clean Air Act" means the Clean Air Act of 1963 (P.L. 88206; 42 United States Code sections 7401 through 7671) as amended by the Clean Air Act Amendments of 1990 (P.L. 101549).

      3.   "Activity" or "activities" means any land stripping, earthmoving, trenching, road construction, blasting (except blasting associated with an individual source permit issued for mining), and demolition or renovation of manmade facilities.

      4.   "Actual emissions" means the actual rate of emissions of an air pollutant from an emissions unit, as determined in accordance with paragraphs a through c.

         a.   In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a two-year period that precedes the particular date and which is representative of normal source operation. The control officer may allow the use of a different time period upon a demonstration that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored or combusted during the selected time period.

         b.   If there is inadequate information to determine actual historic emissions (e.g., the source has only been operating for six months), the control officer may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.

         c.   For any emissions unit at a Class I source, other than an electric utility steam generating unit in subsection (4)(e), that has not begun normal operations on the particular date, actual emissions shall equal the unit's potential to emit on that date.

         d.   For any emissions unit at a Class II source that has not begun normal operations on the particular date, actual emissions shall be based on applicable control requirements and projected conditions of operation.

         e.   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 the physical or operational change shall equal the representative actual annual emissions of the unit. If the source owner or operator maintains and submits to the control officer, on an annual basis for a period of five years from the date the unit resumes regular operations, information demonstrating that the physical or operational change did not result in an emissions increase. A longer period, not to exceed ten years, may be required by the control officer if the control officer determines the longer period to be more representative of normal source post-change operations.

      5.   "ADEQ" means the Arizona Department of Environmental Quality.

      6.   "ADHS" means the Arizona Department of Health Services.

      7.   "Administrator" means the administrator of the United States Environmental Protection Agency.

      8.   "Adverse effects to human health" means those effects that result in or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, including adverse effects that are known to be or may reasonably be anticipated to be caused by substances that are acutely toxic, chronically toxic, carcinogenic, mutagenic, teratogenic, neurotoxic or causative of reproductive dysfunction.

      9.   "Adverse environmental effect" means any significant and widespread adverse effect which may reasonably be anticipated on wildlife, aquatic life, or other natural resources, including adverse impacts on populations of endangered or threatened species or significant degradation of environmental quality over broad areas.

      10.   "Adverse impact on visibility" means visibility impairment that interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of a Class I area, as determined according to Section 17.16.630.

      11.   "Affected facility" means, with reference to a stationary source, any apparatus to which a standard is applicable.

      12.   "Affected source" means a source that includes one or more units which are subject to emission reduction requirements or limitations under Title IV of the Act (Acid Deposition Control).

      13.   "Affected state" means any state whose air quality may be affected by a source applying for a permit, permit revision or permit renewal, and that is contiguous to Arizona; or that is within fifty miles of the permitted source.

      14.   "Affected unit" shall have the meaning given to it in the regulations promulgated under Title IV of the Act (Acid Deposition Control).

      15.   "Afterburner" means an incinerator installed in the secondary combustion chamber or stack for the purpose of incinerating smoke, fumes, gases, unburned carbon, and other combustible material not consumed during primary combustion.

      16.   "Air contaminant" means smoke, vapors, charred paper, dust, soot, grime, carbon, fumes, gases, sulfuric acid mist aerosols, aerosol droplets, odors, particulate matter, windborne matter, radioactive materials, or noxious chemicals, or any other material in the outdoor atmosphere.

      17.   "Air curtain destructor" means an incineration device designed and used to secure, by means of a fan-generated air curtain, controlled combustion of only wood waste and slash materials in an earthen trench or refractory-lined pit or bin.

      18.   "Air pollution" or "air pollutant" means the presence in the outdoor atmosphere of one or more air contaminants or combination thereof in sufficient quantities, which either alone or in connection with other substances, by reason of their concentration and duration are or tend to be injurious to human, plant, or animal life; or causes damage to property; or unreasonably interferes with the enjoyment of life or property of a substantial part of a community, or obscures visibility; or which in any way degrades the quality of the ambient air below the standards established by the board of supervisors.

      19.   "Air pollution control equipment" means equipment used to eliminate, reduce or control the emission of air pollutants into the ambient air.

      20.   "Air quality control region (AQCR)" means an area so designated by the administrator pursuant to Section 107 of the Act (Air Quality Control Regions) and includes the following regions in Arizona:

         a.   Maricopa Intrastate Air Quality Control Region which is comprised of the county of Maricopa.

         b.   Pima Intrastate Air Quality Control Region which is comprised of the county of Pima.

         c.   Northern Arizona Intrastate Air Quality Control Region which encompasses the counties of Apache, Coconino, Navajo and Yavapai.

         d.   Mohave-Yuma Intrastate Air Quality Control Region which encompasses the counties of La Paz, Mohave and Yuma.

         e.   Central Arizona Intrastate Air Quality Control Region which encompasses the counties of Gila and Pinal.

         f.   Southeast Arizona Intrastate Air Quality Control Region which encompasses the counties of Cochise, Graham, Greenlee and Santa Cruz.

      21.   "Allowable emissions" means the emission rate of a stationary source calculated using both the maximum rated capacity of the source, unless the source is subject to federally enforceable limits which restrict the operating rate or hours of operation, and the most stringent of the following:

         a.   The applicable new source performance standards or national emission standards for hazardous air pollutants, as contained in Chapter 17.16, Articles VI or VII and in 40 CFR 60 and 61;

         b.   The applicable existing source performance standard, as approved for the SIP and contained in Chapter 17.16, Article IV; or

         c.   The emissions rate specified in any federally promulgated rule or federally enforceable permit conditions applicable to the state of Arizona.

      22.   "Alternative method" means any method of sampling and analyzing for an air pollutant that is not a reference or equivalent method but which has been demonstrated to produce results adequate for the control officer's determination of compliance in accordance with Section 17.11.160(D).

      23.   "Ambient air" means that portion of the atmosphere external to buildings to which the general public has access.

      24.   "Annual fee" means a fee paid yearly based on the average cost of service including all reasonable direct and indirect costs required to administer the program covering administrative and inspection activities.

      25.   "Applicable implementation plan" means those provisions of the state implementation plan approved by the administrator or a federal implementation plan promulgated in accordance with Title I of the Act (Air Pollution Prevention and Control).

      26.   "Applicable requirement" means any of the following:

         a.   Any federal applicable requirement.

         b.   Any other requirement established pursuant to this title or A.R.S. Title 49, Chapter 3.

      27.   "Approved" means approved "by the control officer". Any word implying acceptance, reasoning, or judgment means "by the control officer".

      28.   "AQCD" means the Pima County Air Quality Control District, operating within the Pima County Department of Environmental Quality (PDEQ).

      29.   "Architectural coating" means a coating used commercially or industrially for residential, commercial or industrial buildings and their appurtenances; structural steel; and other fabrications such as storage tanks, bridges, beams and girders.

      30.   "Area source" means those sources that emit less than 10 tons annually of a single hazardous air pollutant or less than 25 tons annually of a combination of hazardous air pollutants.

      31.   "A.R.S." means Arizona Revised Statutes, with standard references in this title by title and section, so that A.R.S. § 49-101 means Section 101 of Title 49 of the Arizona Revised Statutes.

      32.   "Arizona Testing Manual (ATM)" means the Arizona Testing Manual for Air Pollutant Emissions.

      33.   "Asphalt concrete plant" means any facility used to manufacture asphalt concrete by heating and drying aggregate and mixing with asphalt cements. This is limited to facilities, including drum dryer plants that introduce asphalt into the dryer, which employ two or more of the following processes:

         a.   A dryer.

         b.   Systems for screening, handling, storing, and weighing hot aggregate.

         c.   Systems for loading, transferring, and storing mineral filler.

         d.   Systems for mixing asphalt concrete.

         e.   The loading, transferring, and storage systems associated with emission control systems.

      34.   "ASTM" means the American Society for Testing and Materials.

      35.   "Attainment area" means an area so designated by the administrator acting pursuant to Section 107 of the Act (Air Quality Control Regions) as having ambient air pollutant concentration equal to or less than national primary or secondary ambient air quality standards for a particular pollutant or pollutants.

      36.   "Begin actual construction" means, in general, initiation of physical onsite construction activities on an emissions unit which are of a permanent nature. Such activities include installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operation this term refers to those onsite activities, other than preparatory activities, which mark the initiation of the change.

      37.   "Best available control technology (BACT)" means an emission limitation, including a visible emissions standard, based on the maximum degree of reduction for each regulated air pollutant which would be emitted from any proposed major stationary source or major modification which the control officer on a case-by-case basis, taking into account energy, environmental and economic impact and other costs, determines to be 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 combination 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 control officer 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.

      38.   "Billable permit action" means the issuance or denial of a new permit, permit revision, permit transfer, costs associated with public participation under Section 17.12.190 or Section 17.13.210 or the renewal of a permit.

      39.   "Black liquor" means waste liquor from the brown stock washer and spent cooking liquor that have been concentrated in the multiple-effect evaporator system.

      40.   "BTU" means British thermal unit, which is the quantity of heat required to raise the temperature of one pound of water one degree Fahrenheit.

      41.   "Building", "structure", "facility" or "installation" means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person or persons under common control except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same major group which has the same two-digit code, as described in the Standard Industrial Classification Manual, 1972, as amended by the 1987 supplement.

      42.   "Calcine" means the solid materials produced by a lime plant.

      43.   "Capacity factor" means the ratio of the average load on a machine or equipment for the period of time considered to the capacity rating of the machine or equipment.

      44.   "Categorical sources" means the following classes of 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 fifty 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 using the furnace process;

         p.   Primary lead smelters;

         q.   Fuel conversion plants;

         r.   Sintering plants;

         s.   Secondary metal production plants;

         t.   Chemical process plants;

         u.   Fossil-fuel boilers, or combinations thereof, totaling more than two hundred fifty million BTU per hour heat input;

         v.   Petroleum storage and transfer units with a total storage capacity more than three hundred thousand barrels;

         w.   Taconite preprocessing plants;

         x.   Glass fiber processing plants;

         y.   Charcoal production plants;

         z.   Fossil fuel-fired steam electric plants and combined cycle gas turbines of more than two hundred fifty million BTU per hour heat input.

      45.   "Cause" or "permit" (used as verbs) means to effect by action or participation, or by command, authority, or force; or allow, make possible, or consent to.

      46.   "CEM" means a continuous emissions monitoring system or continuous monitoring system that is the total equipment required under the emission monitoring provisions in this title, used to sample and, if applicable, to condition, to analyze, and to provide, on a continuous basis, a permanent record of emission or process parameters.

      47.   "CFR" means the Code of Federal Regulations, with standard references in this title by title and part, so that "40 CFR 51" means "Title 40 of the Code of Federal Regulations, Part 51."

      48.   "Charge" means the addition of metal bearing materials, scrap, or fluxes to a furnace, converter or refining vessel.

      49.   "Coal" means all solid fossil fuels classified as anthracite, bituminous, subbituminous, or lignite by ASTM D38891, (Classification of Coals by Rank).

         a.   "Clean Coal Technology" means any technology, including technologies applied at the precombustion, combustion, or post combustion stage, at a new or existing facility that will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam, that was not in widespread use as of November 15, 1990.

         b.   "Clean coal technology demonstration project" means a project using funds appropriated under the heading "Department of Energy-Clean Coal Technology," up to a total amount of two billion five hundred million dollars for commercial demonstration of clean coal technology or similar projects funded through appropriations from the Environmental Protection Agency. The federal contribution for a qualifying project shall be at least twenty percent of the total cost of the demonstration project.

         c.   "Temporary clean coal technology demonstration project" means a clean coal technology demonstration project operated for five years or less, and that complies with the SIP and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after the project is terminated.

      50.   "Combustion" means the burning of matter.

      51.   "Commence" means, as applied to construction of a source, or a major modification as defined in this section, that the owner or operator has all necessary preconstruction approvals or permits required and either has:

         a.   Begun, or caused to begin, a continuous program of actual onsite construction of the source to be completed within a reasonable time; or

         b.   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 actual construction of the source to be completed within a reasonable time.

      52.   "Complete" means, in reference to an application for a permit or permit revision, that the application contains all the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the control officer from requesting or accepting any additional information.

      53.   "Concentrate" means enriched copper ore recovered from the froth flotation process.

      54.   "Concentrate dryer" means any facility in which a copper sulfide ore concentrate charge is heated in the presence of air to eliminate a portion of the moisture from the charge, provided less than five percent of the sulfur contained in the charge is eliminated in the facility.

      55.   "Concentrate roaster" means any facility in which a copper sulfide ore concentrate is heated in the presence of air to eliminate five percent or more of the sulfur contained in the charge.

      56.   "Condensate stripper system" means a column, and associated condensers, used to strip, with air or steam, total reduced sulfur compounds from condensate streams of various processes within a kraft pulp mill.

      57.   "Construction" means any physical change or change in the method of operation, including fabrication, erection, installation, demolition, or modification of an emissions unit, which would result in a change in actual emissions.

      58.   "Continuous monitoring system" or "continuous emissions monitoring (CEM) system" means the total equipment, required under the emission monitoring provisions in this title, used to sample and, if applicable, to condition, to analyze, and to provide a permanent record of emission or process parameters.

      59.   "Control" means air pollution control or control of air pollution emissions.

      60.   "Control device" means the air pollution control equipment used to remove air contaminants generated by a process source from the effluent gas stream.

      61.   "Control officer" means the director of Pima County department of environmental quality who shall serve as the executive head of the Pima County air quality control district, or one of his authorized agents.

      62.   "Controlled atmosphere incinerator" means one or more refractory-lined chambers in which complete combustion is promoted by recirculation of gases by mechanical means.

      63.   "Conventional" or "criteria" air pollutant means any pollutant for which the administrator has promulgated a primary or secondary national ambient air quality standard.

      64.   "Converter" means any vessel to which copper matte is charged and oxidized to copper.

      65.   "County" means Pima County, Arizona.

      66.   "Delivery vessels" means any vehicular mounted container(s) such as railroad tank cars, tanker trucks, tank trailers or any other mobile container used to transport gasoline, petroleum or petroleum distillates.

      67.   "Designated representative" shall have the meaning given to it in Section 402(26) of the Act (Definitions) and the regulations promulgated thereunder.

      68.   "Director" means the director of the Arizona Department of Environmental Quality (ADEQ).

      69.   "Discharge" means the release or escape of an effluent from a source into the atmosphere.

      70.   "Dispersion technique" means any technique that attempts to affect the concentration of a pollutant in the ambient air by any of the following:

         a.   Using that portion of a stack that exceeds good engineering practice stack height;

         b.   Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or

         c.   Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one stack; or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise. This shall not include any of the following:

            i.   The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream;

            ii.   The merging of exhaust gas streams under any of the following conditions:

               (1)   The source owner or operator demonstrates that the facility was originally designed and constructed with such merged gas streams;

               (2)   The merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant, applying only to the emission limitation for that pollutant; or

            iii.   Smoke management in agricultural or silvicultural prescribed burning programs;

            iv.   Episodic restrictions on residential wood burning and open burning;

            v.   Techniques that increase final exhaust gas plume rise if the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year.

      71.   "Dust" or "dust emissions" means finely divided solid particulate matter occurring naturally or created by mechanical processing, handling or storage of materials in the solid state.

      72.   "Dust suppressant" means a chemical compound or mixture of chemical compounds added with or without water to a dust source for purposes of preventing air entrainment.

      73.   "Electric utility steam generating unit" means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than twenty-five MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.

      74.   "Effluent" means any air contaminant that is emitted and subsequently escapes into the atmosphere.

      75.   "Emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error.

      76.   "Emission" means an air contaminant or gas stream, or the act of discharging an air contaminant or a gas stream, visible or invisible.

      77.   "Emissions allowable under the permit" means a 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 an emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject.

      78.   "Emissions unit" means any part of a stationary source that emits or would have the potential to emit any regulated air pollutant.

      79.   "Emission standard" or "emission limitation" means a requirement established by the state, a local government, or the administrator which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction.

      80.   "Enforceable" means all limitations and conditions that are enforceable by the administrator.

      81.   "Environmental Protection Agency (EPA)" means the United States Environmental Protection Agency as established by 40 CFR 1.1, et seq.

      82.   "Equivalent method" means any method of sampling and analyzing for an air pollutant that has been demonstrated pursuant to Section 17.11.160 (Test Methods and Procedures) to have a consistent and quantitatively known relationship to the reference method, under specified conditions.

      83.   "Excess emissions" or "emissions in excess of an emission limitation" means emissions of an air pollutant in excess of an emission standard as measured by the compliance test method applicable to such emission standard.

      84.   "Existing source" means either:

         a.   A source in operation prior to the effective date of this title, or a source on which the construction or modification has commenced and for which the control officer has granted a permit prior to the effective date of this title; or

         b.   For NSPS purposes, "existing source" may also mean any source which does not have an applicable new source performance standard under Chapter 17.16, Article VI.

      85.   "Federal applicable requirement" means any of the following as they apply to emissions units covered by a Class I or Class II permit (including requirements that have been promulgated or approved by EPA through rule making at the time of issuance but have future-effective compliance dates):

         a.   Any standard or other requirement provided for in the applicable implementation plan approved or promulgated by EPA through rule making under Title I of the Act (Air Pollution Prevention and Control) that implements the relevant requirements of the Act, including any revisions to that plan promulgated in 40 CFR 52;

         b.   Any term or condition of any preconstruction permits issued pursuant to regulations approved or promulgated through rule making under Title I, including parts C or D, of the Act (Prevention of Significant Deterioration of Air Quality and Plan Requirements for Nonattainment Areas);

         c.   Any standard or other requirement under Section 111 of the Act (Standards of Performance for New Stationary Sources), including Section 111(d);

         d.   Any standard or other requirement under Section 112 of the Act (Hazardous Air Pollutants), including any requirement concerning accident prevention under Section 112(r)(7) of the Act;

         e.   Any standard or other requirement of the acid rain program under Title IV of the Act (Acid Deposition Control) or the regulations promulgated thereunder and incorporated pursuant to Section 17.12.070;

         f.   Any requirements established pursuant to Section 504(b) or Section 114(a)(3) of the Act (Inspections, Monitoring and Entry);

         g.   Any standard or other requirement governing solid waste incineration, under Section 129 of the Act (Solid Waste Combustion);

         h.   Any standard or other requirement for consumer and commercial products, under Section 183(e) of the Act (Federal Ozone Measures);

         i.   Any standard or other requirement for tank vessels, under Section 183(f) of the Act (Federal Ozone Measures);

         j.   Any standard or other requirement of the program to control air pollution from outer continental shelf sources, under Section 328 of the Act (Air Pollution from Outer Continental Shelf Activities);

         k.   Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Act (Stratospheric Ozone Production), unless the administrator has determined that such requirements need not be contained in a Title V permit; and

         l.   Any national ambient air quality standard or increment or visibility requirement under part C of Title I of the Act (Prevention of Significant Deterioration of Air Quality), but only as it would apply to temporary sources permitted pursuant to Section 504(e) of the Act (Permit Requirements and Conditions).

      86.   "Federal land manager" means, with respect to any lands in the United States, the Secretary of the department with authority over such lands.

      87.   "Federally enforceable" means:

         a.   The requirements of the New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants contained in Articles VI and VII of Chapter 17.16.

         b.   The requirements of such other state or county rules or regulations approved by the administrator, including the requirements of approved state and county operating and new source review permit programs that have been approved by the administrator.

         c.   The requirements of any applicable implementation plan.

         d.   Emissions limitations, controls, and other requirements, and any associated monitoring, recordkeeping and reporting requirements, which are entered into voluntarily by a source pursuant to Section 17.11.190.

      88.   "Federally listed hazardous air pollutant" means any air pollutant listed pursuant to Section 112(b) of the Act (Hazardous Air Pollutants) and adopted pursuant to A.R.S. § 49-426.03, subsection A and not deleted pursuant to that subsection.

      89.   "Final permit" means the version of a permit issued by the control officer after completion of all review required by this title.

      90.   "Fixed capital cost" means the capital needed to provide all the depreciable components.

      91.   "Floating roof" means a storage-vessel cover consisting of a pontoon, single-deck, double-deck, or internal floating solid material which rests upon the surface of and is supported by the liquid contents, and is equipped with a seal to close the space between the edge of the solid material and tank wall.

      92.   "Fossil fuel-fired steam generator" means a furnace or boiler used in the process of burning fossil fuel for the primary purpose of producing steam by heat transfer.

      93.   "Fuel" means any material that is burned for the purpose of producing energy.

      94.   "Fuel burning equipment" means any machine, equipment, incinerator, device or other article, except stationary rotating machinery, in which combustion takes place.

      95.   "Fuel oil" means Number 2 through Number 6 fuel oils as specified in ASTM D-396-90a (Specification for Fuel Oils), gas turbine fuel oils Numbers 2-GT through 4-GT as specified in ASTM D-2880-90a (Specification for Gas Turbine Fuel Oils), or diesel fuel oils Numbers 2-D and 4-D as specified in ASTM D-975-90a (Specification for Diesel Fuel Oils).

      96.   "Fugitive emissions" means those emissions that could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening.

      97.   "Fume" means solid particulate matter resulting from the condensation and subsequent solidification of vapors of melted solid materials.

      98.   "Fume incinerator" means a device similar to an afterburner installed for the purpose of incinerating fumes, gases and other finely divided combustible particulate matter not previously burned.

      99.   "General permit" means a permit issued by ADEQ pursuant to A.A.C. Title 18, Chapter 2, Article 5 and administered, inspected and enforced by the department pursuant to this title.

      100.   "Good engineering practice (GEP) stack height" means a stack height meeting the requirements described in Section 17.11.150.

      101.   "Haul road" means a road constructed for the principle purpose of hauling construction materials, or to provide access to one or more construction sites, mining activities, or industrial operations.

      102.   "Hazardous air pollutant (HAP)" means any federally listed hazardous air pollutant and any air pollutant that the director has designated as a hazardous air pollutant pursuant to A.R.S. § 49-426.04, subsection A and has not deleted pursuant to A.R.S. § 49-426.04, subsection C.

      103.   "Hazardous air pollutant reasonably available control technology (HAPRACT)" means an emissions standard for hazardous air pollutants which the director, acting pursuant to A.R.S. § 49-426.06, subsection C, or the control officer, acting pursuant to A.R.S. § 49-480.04, subsection C, determines is reasonably available for a source. In making the foregoing determination the director or control officer shall take into consideration the estimated actual air quality impact of the standard, the cost of complying with the standard, the demonstrated reliability and widespread use of the technology required to meet the standard, and any non-air quality health and environmental impacts and energy requirements. For purposes of this definition, an emissions standard may be expressed as a numeric emissions limitation or as a design, equipment, work practice or operational standard.

      104.   "Hazardous waste" means a hazardous waste as defined in 40 CFR 261, or a waste or combination of wastes which because of its quantity, concentration, or physical, chemical or infectious characteristics may either:

         a.   Cause or significantly contribute to an increase in mortality or an increase in serious, irreversible or incapacitating reversible illness; or

         b.   Pose a serious present or potential hazard to human health or the environment if improperly disposed.

      105.   "Hazardous waste fuel" means hazardous wastes that are burned for energy recovery in an industrial furnace or boiler that is not regulated as a hazardous waste incinerator. Hazardous waste fuel includes fuel produced from hazardous waste by processing, blending, or other treatment.

      106.   "Heat input" means the quantity of heat in terms of BTUs generated by fuels fed into the fuel burning equipment under conditions of complete combustion.

      107.   "Herein" when used anywhere in this title, refers to the complete set of rules and regulations contained in this title.

      108.   "High sulfur oil" means fuel oil containing 0.90 percent or more by weight of sulfur.

      109.   "High terrain" means any area having an elevation of nine hundred feet or more above the base of the stack of a source.

      110.   "Incinerator" means any equipment, machine, device, contrivance or other article, and all appurtenances thereof, used for the combustion of refuse, salvage materials or any other combustible material except fossil fuels, for the purpose of reducing the volume of material other than those used for pollution control.

      111.   "Indian governing body" means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self-government.

      112.   "Indian reservation" means any federally recognized reservation established by treaty, agreement, executive order, or act of Congress.

      113.   "Innovative control technology" means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice, or of achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air quality environmental impacts.

      114.   "Insignificant activity" means an activity in an emissions unit that is not otherwise subject to any applicable requirement and which belongs to one of the following categories:

         a.   Landscaping, building maintenance, or janitorial activities.

         b.   Gasoline storage tanks with capacity of ten thousand gallons or less.

         c.   Diesel and fuel oil storage tanks with capacity of forty thousand gallons or less.

         d.   Batch mixers with rated capacity of five cubic feet or less.

         e.   Wet sand and gravel production facilities that obtain material from subterranean and subaqueous beds, whose production rate is two hundred tons/hour or less, and whose permanent in-plant roads are paved and cleaned to control dust. This does not include activities in emissions units which are used to crush or grind any nonmetallic minerals.

         f.   Hand-held or manually operated equipment used for buffing, polishing, carving, cutting, drilling, machining, routing, sanding, sawing, surface grinding, or turning of ceramic art work, precision parts, leather, metals, plastics, fiberboard, masonry, carbon, glass or wood.

         g.   Powder coating operations.

         h.   Internal combustion (IC) engine-driven compressors, IC engine-driven electrical generator sets, and IC engine-driven water pumps used only for emergency replacement or standby service.

         i.   Lab equipment used exclusively for chemical and physical analyses.

         j.   Any other activity which the control officer determines is not necessary, because of its emissions due to size or production rate, to be included in an application in order to determine all applicable requirements and to calculate any fee under this title.

      115.   "Itemized bill" means a breakdown of the permit processing time into the categories of pre-application activities (teleconferences, accelerated processing meetings, permit regulatory discussions, etc.), completeness review, substantive review, and public involvement activities, and within each category, a further breakdown by employee name.

      116.   "Kraft pulp mill" means any stationary source which produces pulp from wood by cooking or digesting wood chips in a water solution of sodium hydroxide and sodium sulfide at high temperature and pressure. Regeneration of the cooking chemicals through a recovery process is also considered part of the kraft pulp mill.

      117.   "Land stripping" or "land stripping activity" means removal of all or any portion of existing vegetation from parcels of land with equipment, which plows or scrapes the ground surface.

      118.   "Lead" means elemental lead or alloys in which the predominant component is lead.

      119.   "Lime hydrator" means a unit used to produce hydrated lime product.

      120.   "Lime kiln" means a unit used to calcinate lime rock or kraft pulp mill lime mud that consists primarily of calcium carbonate, into quicklime, which is calcium oxide.

      121.   "Lime plant" includes any plant, which produces a lime product from limestone by calcination. Hydration of the lime product is also considered to be part of the source.

      122.   "Lime product" means any product produced by the calcination of limestone.

      123.   "Loading facility" means any operation or facility (such as petroleum storage tank farms, pipeline terminals, bulk plants or loading docks) where petroleum or petroleum distillates are transferred or loaded into delivery vessels or other storage facilities for further distribution.

      124.   "Low sulfur oil" means fuel oil containing less than 0.90 percent by weight of sulfur.

      125.   "Low terrain" means any area other than high terrain.

      126.   "Lowest achievable emission rate (LAER)" means, for any source, the more stringent rate of emissions based on one of the following:

         a.   The most stringent emissions limitation that is contained in the SIP of any state for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that the limitations are not achievable; or

         b.   The most stringent emissions limitation that is achieved in practice by the class or category of stationary source. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within the stationary source. In no event shall the application of this term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under applicable standards of performance in Chapter 17.16, Articles VI and VII.

      127.   "Major modification" means any physical change or change in the method of operation of a major source that would result in a significant net emissions increase of any regulated air pollutant.

         a.   Any net emissions increase that is significant for volatile organic compounds is considered significant for ozone.

         b.   Any net emissions increase that is significant for oxides of nitrogen is considered significant for ozone for ozone nonattainment areas classified as marginal, moderate, serious or severe.

         c.   For the purposes of this definition the following are not a physical change or change in the method of operation:

            i.   Routine maintenance, repair and replacement;

            ii.   Use of an alternative fuel or raw material by reason of an order under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, 15 U.S.C. Section 792, or by reason of a natural gas curtailment plan under the Federal Power Act, 16 U.S.C. Sections 792—825r;

            iii.   Use of an alternative fuel by reason of an order or rule under Section 125 of the Act (Measures to Prevent Economic Disruption or Unemployment);

            iv.   Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;

            v.   Use of an alternative fuel or raw material by a stationary source that either:

               (1)   The source was capable of accommodating before December 12, 1976, unless the change would be prohibited under any federally enforceable permit condition established after December 12, 1976, under 40 CFR 52.21, or under the permitting provisions of this title; or

               (2)   The source is approved to use under any permit issued under 40 CFR 52.21, or under the permitting provisions of this title;

            vi.   An increase in the hours of operation or in the production rate, unless the change would be prohibited under any federally enforceable permit condition established after December 12, 1976, under 40 CFR 52.21, or under the permitting provisions of this title;

            vii.   Any change in ownership at a stationary source;

            viii.   The addition, replacement, or use of a pollution control project at an existing electric utility steam generating unit, unless the director determines that the addition, replacement, or use renders the unit less environmentally beneficial, or except:

               (1)   When the director has reason to believe that the pollution control project would result in a significant net increase in representative actual annual emissions of any criteria pollutant over levels used for that source in the most recent Title I air quality impact analysis in the area, if any, and

               (2)   The director determines that the increase will cause or contribute to a violation of any national ambient air quality standard or PSD increment, or visibility limitation;

            ix.   The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, if the project complies with:

               (1)   The SIP and

               (2)   Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated;

            x.   For electric utility steam generating units located in attainment and unclassifiable areas only, the installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, if the project does not result in an increase in the potential to emit any regulated pollutant emitted by the unit. This exemption applies on a pollutant-by-pollutant basis; and

            xi.   For electric utility steam generating units located in attainment and unclassifiable areas only, the reactivation of a very clean coal-fired electric utility steam generating unit.

      128.   "Major source" means:

         a.   A major source as defined in AAC R18-2-401, as amended on September 22, 1999 (and no future amendments) and which is on file with the office of the secretary of state.

         b.   A major source under Section 112 of the Act:

            i.   For pollutants other than radionuclides, any stationary source that emits or has the potential to emit, in the aggregate, including fugitive emissions, 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 described in Article 11 of AAC Chapter 2. 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.

         c.   A major stationary source, 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, including any major source of fugitive emissions of such pollutant. 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 fifty tons of refuse per day;

            ix.   Hydrofluoric, sulfuric, or nitric acid plants;

            x.   Petroleum refineries;

            xi.   Lime plants;

            xii.   Phosphate rock processing plants;

            xiii.   Coke oven batteries;

            xiv.   Sulfur recovery plants;

            xv.   Carbon black plants (furnace process);

            xvi.   Primary lead smelters;

            xvii.   Fuel conversion plants;

            xviii.   Sintering plants;

            xix.   Secondary metal production plants;

            xx.   Chemical process plants;

            xxi.   Fossil-fuel boilers or combinations thereof totaling more than two hundred fifty million British thermal units per hour heat input;

            xxii.   Petroleum storage and transfer units with a total storage capacity more than three hundred thousand 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 two hundred fifty million British thermal units per hour heat input.

            xxvii.   Any other stationary source category which as of August 7, 1980, is being regulated under Section 111 or 112 of the Act.

      129.   "Major source threshold" means the lowest applicable emissions rate for a pollutant that would cause the source to be a major source at the particular time and location, under Section 17.04.340(A)(128).

      130.   "Malfunction" means any sudden and unavoidable failure of air pollution control equipment, process equipment or a process to operate in a normal manner, but does not include failures that are caused by poor maintenance, careless operations or any other upset condition or equipment breakdown that could have been prevented by the exercise of reasonable care.

      131.   "Material permit condition" shall mean a condition that satisfies all of the following:

         a.   The condition is in a permit or permit revision issued by the control officer after the effective date of this section.

         b.   The condition is identified within the permit as a material permit condition.

         c.   The condition is one of the following:

            i.   An enforceable emission standard imposed to avoid classification as a major modification or major source or to avoid triggering any other applicable requirement.

            ii.   A requirement to install, operate or maintain a maximum achievable control technology or hazardous air pollutant reasonably available control technology required pursuant to the requirements of A.R.S. § 49-426.06.

            iii.   A requirement for the installation or certification of a monitoring device.

            iv.   A requirement for the installation of air pollution control equipment.

            v.   A requirement for the operation of air pollution control equipment.

            vi.   Any opacity standard required by Section 111 (Standards of Performance for New Stationary Sources) or Title I, Part C or D (Air Pollution Prevention and Control) of the Act.

         d.   Violation of the condition is not covered by subsections A through F, or H through J of A.R.S. § 49-464 or subsections A through F, or H through J of A.R.S. § 49-514.

      132.   "Matte" means a metallic sulfide made by smelting copper sulfide ore concentrate or the roasted product of copper sulfide ores.

      133.   "Maximum achievable control technology (MACT)" means an emission standard that requires the maximum degree of reduction in emissions of the hazardous air pollutants subject to this title, including a prohibition on such emissions where achievable, that the control officer, after considering the cost of achieving such emission reduction and any nonair quality health and environmental impacts and energy requirements, determines to be achievable by a source to which such standard applies, through application of measures, processes, methods, systems or techniques including measures which:

         a.   reduce the volume of, or eliminate emissions of, such pollutants through process changes, substitution of materials or other modifications;

         b.   enclose systems or processes to eliminate emissions;

         c.   collect, capture or treat such pollutants when released from a process, stack, storage or fugitive emissions point;

         d.   are design, equipment, work practice, or operational standards, including requirements for operator training or certification; or

         e.   are a combination of the above.

      134.   "Minor source" means any stationary or portable source that is not a major source.

      135.   "Minor source baseline area" means the air quality control region in which the source is located.

      136.   "Miscellaneous metal parts and products" for purposes of industrial coating include all of the following:

         a.   Large farm machinery, such as harvesting, fertilizing and planting machines, tractors, and combines.

         b.   Small farm machinery, such as lawn and garden tractors, lawn mowers, and rototillers.

         c.   Small appliances, such as fans, mixers, blenders, crock pots, dehumidifiers, and vacuum cleaners.

         d.   Commercial machinery, such as office equipment, computers and auxiliary equipment, typewriters, calculators, and vending machines.

         e.   Industrial machinery, such as pumps, compressors, conveyor components, fans, blowers, and transformers.

         f.   Fabricated metal products, such as metal covered doors and frames.

         g.   Any other industrial category which coats metal parts or products under the code in the "Standard Industrial Classification Manual, 1987" of Major Group 33 (primary metal industries), Major Group 34 (fabricated metal products), Major Group 35 (nonelectric machinery), Major Group 36 (electrical machinery), Major Group 37 (transportation equipment), Major Group 38 (miscellaneous instruments), and Major Group 39 (miscellaneous manufacturing industries), except all of the following:

            i.   Automobiles and light duty trucks.

            ii.   Metal cans.

            iii.   Flat metal sheets and strips in the form of rolls or coils.

            iv.   Magnet wire for use in electrical machinery.

            v.   Metal furniture.

            vi.   Large appliances.

            vii.   Exterior of airplanes.

            viii.   Automobile refinishing.

            ix.   Customized top coating of automobiles and trucks, if production is less than 35 vehicles per day.

            x.   Exterior of marine vessels.

      137.   "Mobile source" means any combustion engine, device, machine or equipment that operates during transport and that emits or generates air contaminants whether in motion or at rest.

      138.   "Modification" or "modify" means a physical change in or change in the method of operation of a source which increases the actual emissions of any regulated air pollutant emitted by such source by more than any relevant de minimis amount or which results in the emission of any regulated air pollutant not previously emitted by more than such de minimis amount.

      139.   "Monitoring device" means the total equipment, required under the applicable provisions of this title, used to measure and record, if applicable, process parameters.

      140.   "Motor vehicle" means any self-propelled vehicle designed for transporting persons or property on public highways.

      141.   "Multiple chamber incinerator" means three or more refractory-lined combustion chambers in series, physically separated by refractory walls and interconnected by gas passage ports or ducts.

      142.   "Multiple-effect evaporator system" means the multiple-effect evaporators and associated condenser and hotwell used to concentrate the spent cooking liquid that is separated from the pulp.

      143.   "NAAQS" means national ambient air quality standards.

      144.   "National ambient air quality standard" means the ambient air pollutant concentration limits established by the administrator pursuant to 42 United States Code Section 7409.

      145.   "NAICS" means the five- or six-digit North American Industry Classification System-United States, 1997, number for industries used by the U.S. Department of Commerce.

      146.   "Necessary preconstruction approvals or permits" means those permits or approvals required under the Act and those air quality control laws and rules which are part of the SIP.

      147.   "NESHAP" means the National Emission Standard for Hazardous Air Pollutants, according to 40 CFR 61.

      148.   "Net emissions increase" means:

         a.   The amount by which the sum of subparagraphs i and ii exceeds zero:

            i.   Any increase in actual emissions from a particular physical change or change in the method of operation at a stationary source; and

            ii.   Any other increases and decreases in actual emissions at the source that are contemporaneous with the particular change and are otherwise creditable.

         b.   An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between:

            i.   The date five years before construction on the particular change commences; and

            ii.   The date that the increase from the particular change occurs.

         c.   An increase or decrease in actual emissions is creditable only if the control officer has not relied on it in issuing an permit, which is in effect when the increase in actual emissions from the particular change occurs. In addition, in nonattainment areas, a decrease in actual emissions shall be considered in determining net emissions increase due to modifications only if the county has not relied on it in demonstrating attainment or reasonable further progress.

         d.   An increase or decrease in actual emissions of sulfur dioxide, nitrogen oxides, or particulate matter that occurs before the applicable baseline date, as described in Section 17.08.150, is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available.

         e.   An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.

         f.   A decrease in actual emissions is creditable only to the extent that:

            i.   The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;

            ii.   It is federally enforceable at and after the time that actual construction on the particular change begins;

            iii.   It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and

            iv.   The emissions unit was actually operated and emitted the specific pollutant.

         g.   An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed one hundred eighty days.

      149.   "Neutral sulfite semi-chemical pulping" means any operation in which pulp is produced from wood by cooking or digesting wood chips in a solution of sodium sulfite and sodium bicarbonate, followed by mechanical defibrating or grinding.

      150.   "New source" means any source that is not an existing source.

      151.   "Nitric acid plant" means any facility producing nitric acid thirty to seventy percent in strength by either the pressure or atmospheric pressure process.

      152.   "Nitrogen oxides" means all oxides of nitrogen except nitrous oxide, as measured by test methods set forth in the appendices to 40 CFR 60.

      153.   "Nonattainment area" means an area so designated by the administrator acting pursuant to Section 107 of the Act (Air Quality Control Regions) as exceeding national primary or secondary ambient air standards for a particular pollutant or pollutants.

      154.   "Nonattainment area plan" means an air pollution control plan developed in accordance with 42 United States Code Sections 7501 through 7515.

      155.   "Nonpoint source" means a source of air contaminants that lacks an identifiable plume or emission point.

      156.   "NSPS" means new source performance standards.

      157.   "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.

      158.   "Open outdoor fire" or "open burning" means combustion in the outdoors of any material, during which the products of combustion are not directed through a flue, chimney, duct, vent, stack, or other restrictive device designed or installed for the principle purpose of discharging the effluent to the atmosphere.

      159.   "Operation" means any physical or chemical action resulting in the change in location, form, physical properties or chemical character of a material.

      160.   "Owner or operator" means any person who owns, leases, operates, controls, or supervises an affected facility or a stationary source of which an affected facility is a part.

      161.   "Particulate matter" means any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than one hundred micrometers.

      162.   "Particulate matter emissions" means all finely divided solid or liquid materials other than uncombined water, emitted to the ambient air as measured by applicable test methods and procedures described in Section 17.11.160 (Test Methods and Procedures).

      163.   "PDEQ" or "department" means the Pima County department of environmental quality.

      164.   "Permitting authority" means the department or a county department or agency that is charged with enforcing a permit program adopted pursuant to A.R.S. § 49-480, subsection A.

      165.   "Permit processing time" means all time spent by PDEQ staff or consultants on tasks specifically related to the processing of an application for the issuance or renewal of a particular permit or permit revision, including time spent processing an application that is denied.

      166.   "Person" includes any public or private corporation, company, partnership, firm, trust, association or society of persons, the federal government and any of its departments or agencies, the state and any of its agencies, departments or political subdivisions, as well as a natural person.

      167.   "Petroleum liquids" means petroleum, condensate, and any finished or intermediate products manufactured in a petroleum refinery but does not mean Number 2 through Number 6 fuel oils as specified in ASTM D-396-90a (Specification for Fuel Oils), gas turbine fuel oils Numbers 2-GT through 4-GT as specified in ASTM D-2880-90a (Specification for Gas Turbine Fuel Oils), or diesel fuel oils Numbers 2-D and 4-D as specified in ASTM D-975-90 (Specification for Diesel Fuel Oils).

      168.   "Planning agency" means the organization designated by the Governor pursuant to 42 United States Code Section 7504 as having the authority and responsibility of preparing nonattainment area plans.

      169.   "Plume" means visible effluent.

      170.   "PM 2.5 " means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by a reference method based on 40 CFR 50 Appendix L, or by an equivalent method designated in accordance with 40 CFR 53.

      171.   "PM 10 " means particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers as measured by a reference method contained within 40 CFR 50 Appendix J or by an equivalent method designated in accordance with 40 CFR 53.

      172.   "PM 10 emissions" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal ten micrometers emitted to the ambient air as measured by applicable test methods and procedures described in Section 17.11.160.

      173.   "Pollution control project" means any activity or project undertaken at an existing electric utility steam-generating unit to reduce emissions from the unit. The activities or project are limited to:

   The installation of conventional or innovative pollution control technology, including advance flue gas desulfurization, sorbent injection for sulfur dioxide and nitrogen oxides controls, and electrostatic precipitators;

         a.   An activity or project to accommodate switching to a fuel less polluting than the fuel used before the activity or project, including natural gas or coal re-burning, or the co-firing of natural gas and other fuels for the purpose of controlling emissions;

         b.   A permanent clean coal technology demonstration project conducted under Title 11, Section 101 (d) of the Further Continuing Appropriations Act of 1985 (42 U.S.C. 5903 (d)), or subsequent appropriations, up to a total amount of two billion five hundred million dollars for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the Environmental Protection Agency; or

         c.   A permanent clean coal technology demonstration project that constitutes a re-powering project.

      174.   "Portable source" means any building, structure, facility or installation subject to regulation pursuant to A.R.S. § 49-426 that emits or may emit any air pollutant and is capable of being operated at more than one location.

      175.   "Potential to emit" or "potential emission rate" means the maximum capacity of a stationary source to emit pollutant, excluding secondary emissions, under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable.

      176.   "Primary ambient air quality standards" means the ambient air quality standards that define levels of air quality necessary, with an adequate margin of safety, to protect the public health, as specified in Chapter 17.08, Article I.

      177.   "Primary standard attainment date" means the date defined within a nonattainment area plan in accordance with 42 United States Code Sections 7401 through 7515 and after which date primary national ambient air quality standards may not be violated.

      178.   "Private driveway" means a road constructed for the sole purpose of gaining access to a one or two-family residence.

      179.   "Private residence" means a one or two-family dwelling unit.

      180.   "Process" means one or more operations, including equipment and technology, used in the production of goods or services or the control of by-products or waste.

      181.   "Process source" means the last operation or process that produces an air contaminant resulting from either:

         a.   The separation of the air contaminants from the process material; or

         b.   The conversion of constituents of the process materials into air contaminants which is not an air pollution abatement operation.

      182.   "Process weight" means the total weight of all materials introduced into a source, including fuels, where these contribute to pollution generated by the process.

      183.   "Process weight rate" means a rate established pursuant to Section 17.16.130(F).

      184.   "Proposed permit" means the version of a permit for which the control officer offers public participation or affected state review under the provisions of Section 17.12.190 or Section 17.13.210.

      185.   "Proposed final permit" means the version of a Class I permit that the department proposes to issue and forwards to the administrator for review in compliance with subsection A of Section 17.12.060.

      186.   "Quantifiable" means, with respect to emissions, or the emissions involved in equivalent emission limits and emission trades, capable of being measured or otherwise determined in terms of quantity and assessed in terms of character. Quantification may be based on emission factors, stack tests, monitored values, operating rates and averaging times, materials used in a process or production, modeling, or other reasonable measurement practices.

      187.   "RACT (reasonably available control technology)" means, for facilities subject to an existing source performance standard, the emissions limitation of the existing source performance standard.

      188.   "Reactivation of very clean coal-fired electric utility steam generating unit:" means any physical change or change in the method of operation associated with commencing commercial operations by a coal-fired utility unit after a period of discontinued operation if the unit:

         a.   Has not been in operation for the two-year period before enactment of the Clean Air Act Amendments of 1990, and the emissions from the unit continue to be carried in the control officer's emissions inventory at the time of enactment;

         b.   Was equipped before shutdown with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide of no less than eighty-five percent and a removal efficiency for particulates of no less than ninety-eight percent;

         c.   Is equipped with low-NOx burners before commencement of operations following reactivation; and

         d.   Is otherwise in compliance with the Act.

      189.   "Reasonable further progress" means the schedule of emission reductions defined within a nonattainment area plan as being necessary to come into compliance with a national ambient air quality standard by the primary standard attainment date.

      190.   "Reclaiming machinery" means any machine, equipment device or other article used for picking up stored granular material and either depositing this material on a conveyor or reintroducing this material into the process.

      191.   "Reconstruction" of sources located in nonattainment areas shall be presumed to have taken place where the fixed capital cost of the new components exceeds fifty percent of the fixed capital cost of a comparable entirely new stationary source, as determined in accordance with the provisions of 40 CFR 60.15(f)(1)—(3).

      192.   "Recovery furnace" means the unit, including the direct contact evaporator for a conventional furnace, used for burning black liquor to recover chemicals consisting primarily of sodium carbonate and sodium sulfide.

      193.   "Reference method" means the methods of sampling and analyzing for an air pollutant as described in the Arizona Testing Manual; 40 CFR 50, Appendices A through K; 40 CFR 52, Appendices D and E; 40 CFR 60, Appendices A through F; and 40 CFR 61, Appendices B and C.

      194.   "Regulated air pollutant" means any of the following:

         a.   Any conventional air pollutant as defined in A.R.S. § 49-401.01.

         b.   Nitrogen oxides and volatile organic compounds.

         c.   Any air contaminant that is subject to a standard contained in Chapter 17.16, Article VI.

         d.   Any Class I or II substance listed in Section 602 of the Act (Listing of Class I and Class II Substances).

      195.   "Reid vapor pressure" means the absolute vapor pressure of volatile crude oil and volatile non-viscous petroleum liquids, except liquified petroleum gases, as determined by ASTM D-323-90 (Test Method for Vapor Pressure of Petroleum Products) (Reid Method).

      196.   "Replicable" means, with respect to methods or procedures, sufficiently unambiguous such that the same or equivalent results would be obtained by the application of the method or procedure by different users.

      197.   "Re-powering" means:

         a.   Replacing an existing coal-fired boiler with one of the following clean coal technologies:

            i.   Atmospheric or pressurized fluidized bed combustion;

            ii.   Integrated gasification combined cycle;

            iii.   Magnetohydrodynamics;

            iv.   Direct and indirect coal-fired turbines;

            v.   Integrated gasification fuel cells; or

            vi.   As determined by the administrator, in consultation with the United States Secretary of Energy, a derivative of one or more of the above technologies; and

            vii.   Any other 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.

         b.   Repowering also includes any oil, gas, or oil and gas-fired unit that has been awarded clean cost technology demonstration funding as of January 1, 1991, by the United States Department of Energy.

         c.   The control officer shall give expedited consideration to permit applications for any source that satisfies the requirements of this subsection and is granted an extension under Section 409 of the Act.

      198.   "Representative actual annual emissions" means the average rate, in tons per year, at which a 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 years after that change, if the director determines that the different period is more representative of source operations), considering the effect the change will have on increasing or decreasing the hourly emissions rate and on projected capacity utilization. In projecting future emissions the director shall:

         a.   Consider all relevant information, including historical operational data, the company's representations, filings with Arizona or federal regulatory authorities, and compliance plans under Title IV of the Act; 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 unrelated to the particular change, including any increased utilization due to the rate of electricity demand growth for the utility system as a whole.

      199.   "Resource recovery project" means any facility at which solid waste is processed for the purpose of extracting, converting to energy, or otherwise separating and preparing solid waste for reuse. Only energy conversion facilities that utilize solid waste that provides more than fifty percent of the heat input shall be considered a resource recovery project under this article.

      200.   "Responsible official" means one of the following:

         a.   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 two hundred fifty persons or have gross annual sales or expenditures exceeding twenty-five million dollars (in second quarter 1980 dollars); or

            ii.   The delegation of authority to such representatives is approved in advance by the permitting authority;

         b.   For a partnership or sole proprietorship: A general partner or the proprietor, respectively;

         c.   For a municipality, state, federal, or other public agency: Either a principal executive officer or ranking elected official. For the purposes of this article, 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

         d.   For affected sources:

            i.   The designated representative in so far as actions, standards, requirements, or prohibitions under Title IV of the Act (Acid Deposition Control) or the regulations promulgated thereunder are concerned; and

            ii.   The designated representative for any other purposes under 40 CFR Part 70.

      201.   "Reverberatory smelting furnace" means any vessel in which the smelting of copper sulfide ore concentrates or calcines is performed and in which the heat necessary for smelting is provided primarily by combustion of a fossil fuel.

      202.   "Road" means a path, trail, driveway, freeway, street, or access way which is constructed for principle use by vehicular traffic.

      203.   "Road construction" means the construction of a new roadway or the conversion of an existing unpaved road to a paved road.

      204.   "Rotary lime kiln" means a unit with an included rotary drum which is used to produce a lime product from limestone by calcination.

      205.   "Rules and regulations" means the complete set of Pima County air quality control district rules and regulations contained in this title, including any future revisions, additions, or amendments, specifically referring to this title and future amendments as distinguished from any former rules and regulations.

      206.   "Run" means the net period of time during which an emission sample is collected, which may be, unless otherwise specified, either intermittent or continuous within the limits of good engineering practice.

      207.   "Secondary ambient air quality standards" means the ambient air quality standards which define levels of air quality necessary to protect the public welfare from any known or anticipated adverse effects of a pollutant, as specified in Chapter 17.08, Article I.

      208.   "Secondary emissions" means emissions that are specific, well defined, quantifiable, occur as a result of the construction or operation of a major source or major modification, but do not come from the major source or major modification itself, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any off-site support facility that would not otherwise be constructed or increase its emissions as a result of the construction or operation of the major source or major modification. Secondary emissions do not include any emissions that come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.

      209.   "Service road" means a road constructed for the principle purpose of providing maintenance or service of/to pipelines, power lines, farmland, public utilities, right-of-way, or refuse collection.

      210.   "Shutdown" means the cessation of operation of any air pollution control equipment or process equipment for any purpose, except routine phasing out of process equipment.

      211.   "Significance levels" means the following ambient concentrations for the enumerated pollutants:

 

	Averaging Time
Pollutant	Annual	24 Hour	8 Hour	3 Hour	1 Hour
SO 2	1 ìg/m 3	5 ìg/m 3		25 ìg/m 3
NO 2	1 ìg/m 3
CO			0.5 mg/m 3		2 mg/m 3
PM 10	1 ìg/m 3	5 ìg/m 3

 

   Except for the annual pollutant concentrations, exceedance of significance levels shall be deemed to occur when the ambient concentrations of the above pollutants is exceeded more than once per year at any one location. If the concentrations occur at a specific location and at a time when Arizona ambient air quality standards for the pollutant are not violated, then the significance level does not apply.

      212.   "Significant" means:

         a.   In reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

Pollutant	Emissions Rate (tons per year)
Carbon monoxide	100 tpy
Nitrogen oxides	40 tpy
Sulfur dioxide	40 tpy
Particulate matter	25 tpy
PM 10	15 tpy
VOC	40 tpy
Lead	0.6 tpy
Fluorides	3 tpy
Sulfuric acid mist	7 tpy
Hydrogen sulfide (H 2 S)	10 tpy
Total reduced sulfur (including H 2 S)	10 tpy
Reduced sulfur compounds (including H 2 S)	10 tpy
Municipal waste combustor organics (measured as total tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans)	3.5 ×10 -6 tpy
Municipal waste combustor metals (measured as particulate matter)	15 tpy
Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride)	40 tpy
Municipal solid waste landfill emissions (measured as nonmethane organic compounds)	50 tpy

 

         b.   In ozone nonattainment areas classified as serious or severe, significant emissions of VOC shall be determined under Section 17.16.580.

         c.   In reference to a regulated air pollutant that is not listed in subparagraph (a), and is not a Class I or II substance listed in Section 602 of the Act, any emission rate.

         d.   Notwithstanding the emission amount listed in paragraph a, any emissions rate or any net emissions increase associated with a major source or major modification, which would be constructed within ten kilometers of a Class I area and have an impact on the ambient air quality of such area equal to or greater than one ìg/m 3 (twenty-four hour average).

      213.   "Slag" means the fused and vitrified matter separated during the reduction of a metal from its ore.

      214.   "Smelt dissolving tank" means a vessel used for dissolving the smelt collected from the kraft mill recovery furnace.

      215.   "Smelter feed" means all materials utilized in the operation of a copper smelter including metals or concentrates, fuels and chemical reagents, calculated as the aggregate sulfur content of all fuels and other feed materials whose products of combustion and gaseous byproducts are emitted to the atmosphere.

      216.   "Smelting" means processing techniques for the smelting of a copper sulfide ore concentrate or calcine charge leading to the formation of separate layers of molten slag, molten copper, or copper matte.

      217.   "Smelting furnace" means any vessel in which the smelting of copper sulfide ore concentrates or calcines is performed and in which the heat necessary for smelting is provided by an electric current, rapid oxidation of a portion of the sulfur contained in the concentrate as it passes through an oxidizing atmosphere, or the combustion of a fossil fuel.

      218.   "Smoke" means particulate matter resulting from incomplete combustion.

      219.   "Solvent degreasing" means the removal of loosely held uncured adhesives, uncured ink, uncured coatings and contaminants which include dirt, soil and grease from parts, products, tools, machinery, equipment, and general work areas using a solvent that contains two percent by weight or more of a regulated air pollutant.

      220.   "Solvent degreasing unit" means any single container with a capacity of two gallons or more used for solvent degreasing.

      221.   "Source" means any building, structure, facility or installation that may cause or contribute to air pollution or the use of which may eliminate, reduce or control the emission of air pollution.

      222.   "Stack" means any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct but not including flares.

      223.   "Stack in existence" means that the owner or operator had either:

         a.   Begun, or caused to begin, a continuous program of physical onsite construction of the stack; or

         b.   Entered into binding agreements or contractual obligations, which could not be canceled or modified without substantial loss to the owner or operator, to undertake a program of construction of the stack to be completed in a reasonable time.

      224.   "Standard conditions" means a temperature of 293°K (68°F or 20°C) and a pressure of 101.3 kilopascals (29.92 inches Hg or 1013.25 mb).

      225.   "Startup" means the setting into operation of any air pollution control equipment or process equipment for any purpose except routine phasing in of process equipment.

      226.   "State" means the state of Arizona unless the context indicates otherwise.

      227.   "State implementation plan (SIP)" means the plan adopted by the state of Arizona which provides for implementation, maintenance, and enforcement of such primary and secondary ambient air quality standards as are adopted by the administrator, pursuant to the Act.

      228.   "Stationary rotating machinery" means any gas engine, diesel engine, gas turbine, or oil fired turbine operated from a stationary mounting and used for the production of electric power or for the direct drive of other equipment.

      229.   "Stationary source" means any building, structure, facility or installation subject to regulation that emits or may emit any air pollutant.

      230.   "Submerged fill pipe" means a fill pipe or nozzle which extends below the surface of liquid in the receiving vessel for at least ninety-five percent of the volume filled, or a similar device which extends to within six inches of the bottom of the receiving vessel.

      231.   "Sulfuric acid plant" means any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, or acid sludge, but does not include facilities where conversion to sulfuric acid is utilized as a means of preventing emissions of sulfur dioxide or other sulfur compounds to the atmosphere.

      232.   "Supplementary control system (SCS)" means a system by which sulfur dioxide emissions are curtailed during periods when meteorological conditions conducive to ground-level concentrations in excess of ambient air quality standards for sulfur dioxide either exist or are anticipated.

      233.   "Synthetic minor" means a source with a permit that contains voluntarily accepted emissions limitations, controls, or other requirements (for example, a cap on production rates or house of operation, or limits on the type of fuel) under Section 17.11.190 to reduce the potential to emit to a level below the major source threshold.

      234.   "Temporary source" means a source which is portable, as defined in A.R.S. § 49-401.01 and which is not an affected source.

      235.   "Total reduced sulfur (TRS)" means the sum of the sulfur compounds, primarily hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide, that are released during the kraft pulping operation and other operations and measured by Method 16 in 40 CFR 60, Appendix A.

      236.   "Total suspended particulate (TSP)" means all particulate matter as measured by the reference method described in 40 CFR 50, Appendix B, plus any particulate matter from fugitive emissions quantified by methods approved by the control officer.

      237.   "Trivial activities" means activities and emissions units, such as the following, that may be omitted from a Class I or Class II permit application. Certain of the following listed activities include qualifying statements intended to exclude similar activities:

         a.   Combustion emissions from propulsion of mobile sources;

         b.   Air-conditioning units used for human comfort that do not have applicable requirements under Title VI of the Act;

         c.   Ventilating units used for human comfort that do not exhaust air pollutants into the ambient air from any manufacturing, industrial or commercial process;

         d.   Non-commercial food preparation;

         e.   Janitorial services and consumer use of janitorial products;

         f.   Internal combustion engines used for landscaping purposes;

         g.   Laundry activities, except for dry-cleaning and steam boilers;

         h.   Bathroom and toilet vent emissions;

         i.   Emergency or backup electrical generators at residential locations;

         j.   Tobacco smoking rooms and areas;

         k.   Blacksmith forges;

         l.   Plant maintenance and upkeep activities, including grounds-keeping, general repairs, cleaning, painting, welding, plumbing, re-tarring roofs, installing insulation, and paving parking lots, if these activities are not conducted as part of a manufacturing process, are not related to the source's primary business activity, and do not otherwise trigger a permit revision. Cleaning and painting activities qualify as trivial activities if they are not subject to VOC or hazardous air pollutant (HAP) control requirements;

         m.   Repair or maintenance shop activities not related to the source's primary business activity, not including emissions from surface coating, de-greasing, or solvent metal cleaning activities, and not otherwise triggering a permit revision;

         n.   Portable electrical generators that can be moved by hand from one location to another. "Moved by hand" means capable of being moved without the assistance of any motorized or non-motorized vehicle, conveyance, or device;

         o.   Hand-held equipment for buffing, polishing, cutting, drilling, sawing, grinding, turning, or machining wood, metal, or plastic;

         p.   Brazing, soldering, and welding equipment, and cutting torches related to manufacturing and construction activities that do not result in emission of HAP metals. Brazing, soldering, and welding equipment, and cutting torches related to manufacturing and construction activities that emit HAP metals are insignificant activities based on size or production level thresholds. Brazing, soldering, and welding equipment, and cutting torches directly related to plant maintenance and upkeep and repair or maintenance shop activities that emit HAP metals are treated as trivial and listed separately in this definition;

         q.   Air compressors and pneumatically operated equipment, including hand tools;

         r.   Batteries and battery charging stations, except at battery manufacturing plants;

         s.   Storage tanks, vessels, and containers holding or storing liquid substances that will not emit any VOC or HAP;

         t.   Storage tanks, reservoirs, and pumping and handling equipment of any size containing soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions, if appropriate lids and covers are used;

         u.   Equipment used to mix and package soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions, if appropriate lids and covers are used;

         v.   Drop hammers or hydraulic presses for forging or metalworking;

         w.   Equipment used exclusively to slaughter animals, not including other equipment at slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment;

         x.   Vents from continuous emissions monitors and other analyzers;

         y.   Natural gas pressure regulator vents, excluding venting at oil and gas production facilities;

         z.   Hand-held applicator equipment for hot melt adhesives with no VOC in the adhesive formulation;

         aa.   Equipment used for surface coating, painting, dipping, or spraying operations, except those that will emit VOC or HAP;

         bb.   CO(2) lasers used only on metals and other materials that do not emit HAP in the process;

         cc.   Electric or steam-heated drying ovens and autoclaves, but not the emissions from the articles or substances being processed in the ovens or autoclaves or the boilers delivering the steam;

         dd.   Salt baths using nonvolatile salts that do not result in emissions of any regulated air pollutants;

         ee.   Laser trimmers using dust collection to prevent fugitive emissions;

         ff.   Bench-scale laboratory equipment used for physical or chemical analysis, but not laboratory fume hoods or vents;

         gg.   Routine calibration and maintenance of laboratory equipment or other analytical instruments;

         hh.   Equipment used for quality control, quality assurance, or inspection purposes, including sampling equipment used to withdraw materials for analysis;

         ii.   Hydraulic and hydrostatic testing equipment;

         jj.   Environmental chambers not using HAP gases;

         kk.   Shock chambers;

         ll.   Humidity chambers;

         mm.   Solar simulators;

         nn.   Fugitive emissions related to movement of passenger vehicles, if the emissions are not counted for applicability purposes under Section 17.04.340(A)(128)(c) and any required fugitive dust control plan or its equivalent is submitted with the application;

         oo.   Process water filtration systems and demineralizers;

         pp.   Demineralized water tanks and demineralizer vents;

         qq.   Oxygen scavenging or de-aeration of water;

         rr.   Ozone generators;

         ss.   Fire suppression systems;

         tt.   Emergency road flares;

         uu.   Steam vents and safety relief valves;

         vv.   Reserved.

         ww.   Steam leaks; and

         xx.   Steam cleaning operations and steam sterilizers.

      238.   "Unclassified area" means an area which the administrator, because of a lack of adequate data, is unable to classify as an attainment or nonattainment area for a specific pollutant, and which, for purposes of this title, is treated as an attainment area.

      239.   "Uncombined water" means condensed water containing analytical trace amounts of other chemical elements or compounds.

      240.   "Unpaved road" means a road which is not covered with dust-suppressing materials and maintained in such a manner that visible emissions of dust from the road surface are permanently prevented other than during times of normal cleaning and/or after flooding.

      241.   "Urban or suburban open area" means an unsubdivided tract of land surrounding a substantial urban development of a residential, industrial, or commercial nature and which, though near or within the limits of a city or town, may be uncultivated, used for agriculture, or lie fallow.

      242.   "Used oil" means oil that has been refined from crude oil and that has been contaminated by physical or chemical impurities as a result of use.

      243.   "Used oil fuel" means used oil that is to be burned for energy recovery, including fuel which is produced from used oil by processing, blending or other treatment.

      244.   "Vacant lot" means a subdivided residential or commercial lot which contains no buildings or structures of a temporary or permanent nature.

      245.   "Vapor" means the gaseous form of a substance normally occurring in a liquid or solid state.

      246.   "Vapor pressure" means the pressure exerted by the gaseous form of a substance in equilibrium with its liquid or solid form.

      247.   "Vapor recovery/disposal system" means a system that consists of one of the following:

         a.   A system that processes the displaced vapors and either recovers or disposes of the vapors being processed so as to prevent an emission rate greater than 0.29 pounds per one thousand gallons (thirty-five grams per one thousand liters) into the atmosphere.

         b.   A vapor handling system that directs at least ninety-five percent by weight of the displaced vapors to a vapor capture and/or recovery system.

         c.   Other equipment of an efficiency equal to or greater than paragraph a or b of this subdivision and approved by the control officer.

      248.   "Visibility impairment" means any humanly perceptible change in visibility (light extinction, visual range, contrast, and coloration) from that which would have existed under natural conditions.

      249.   "Visible emissions" means any emissions which are visually detectable without the aid of instruments and which contain particulate matter.

      250.   "Volatile organic compounds (VOC)" means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions. This includes any such organic compound other than the following, which have been determined to have negligible photochemical reactivity:

         a.   Methane;

         b.   Ethane;

         c.   Methylene chloride (dichloromethane);

         d.   1,1,1-trichloroethane (methyl chloroform);

         e.   1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113);

         f.   Trichlorofluoromethane (CFC-11);

         g.   Dichlorodifluoromethane (CFC-12);

         h.   Chlorodifluoromethane (HCFC-22);

         i.   Trifluoromethane (HFC-23);

         j.   1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114);

         k.   Chloropentafluoroethane (CFC-115);

         l.   1,1,1-trifluoro 2,2-dichloroethane (HCFC-123);

         m.   1,1,1,2-tetrafluoroethane (HFC-134a);

         n.   1,1-dichloro 1-fluoroethane (HCFC-141b);

         o.   1-chloro 1,1-difluoroethane (HCFC-142b);

         p.   2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);

         q.   Pentafluoroethane (HFC-125);

         r.   1,1,2,2-tetrafluoroethane (HFC-134);

         s.   1,1,1-trifluoroethane (HFC-143a);

         t.   1,1-difluoroethane (HFC-152a);

         u.   Parachlorobenzotrifluoride (PCBTF);

         v.   Cyclic, branched, or linear completely methylated siloxanes;

         w.   Acetone;

         x.   Perchloroethylene (tetrachloroethylene);

         y.   3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca);

         z.   1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb);

         aa.   1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee);

         bb.   Difluoromethane (HFC-32);

         cc.   Ethylfluoride (HFC-161);

         dd.   1,1,1,3,3,3-hexafluoropropane (HFC-236fa);

         ee.   1,1,2,2,3-pentafluoropropane (HFC-245ca);

         ff.   1,1,2,3,3-pentafluoropropane (HFC-245ea);

         gg.   1,1,1,2,3-pentafluoropropane (HFC-245eb);

         hh.   1,1,1,3,3-pentafluoropropane (HFC-245fa);

         ii.   1,1,1,2,3,3-hexafluoropropane (HFC-236ea);

         jj.   1,1,1,3,3-pentafluorobutane (HFC-365mfc);

         kk.   Chlorofluoromethane (HCFC-31);

         ll.   1 chloro-1-fluoroethane (HCFC-151a);

         mm.   1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a);

         nn.   1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C 4 F 9 OCH 3 or HFE-7100);

         oo.   2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF 3 ) 2 CFCF 2 OCH 3 );

         pp.   1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C 4 F 9 OC 2 H 5 or HFE-7200);

         qq.   2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF 3 ) 2 CFCF 2 OC 2 H 5 );

         rr.   Methyl acetate;

         ss.   1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C 3 F 7 OCH 3 , HFE-7000);

         tt.   3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500);

         uu.   1,1,1,2,3,3,3-hentafluoropropane (HFC-227ea);

         vv.   Methyl formate (HCOOCH 3 );

         ww.   (1) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE-7300);

         xx.   Propylene carbonate;

         yy.   Dimethyl-carbonate;

   zz.    trans-1,3,3,3-tetrafluoropropene; (HCF2OCF2H or HFE-134);

   aaa.   HCF2OCF2H (HFE-134);

   bbb.   HCF2OCF2OCF2H (HFE-236cal2);

   ccc.   HCF2OCF2CF2OCF2H (HFE- 338pcc13);

   ddd.   HCF2OCF2OCF2CF2OCF2H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180));

   eee.   trans 1-chloro-3,3,3-trifluoro prop-1-ene;

   fff.   2,3,3,3-tetrafluoropropene (HFO-1234yf);

   ggg.   2-amino-2-methyl-1-propanol;

   hhh.   t-butyl acetate;

   iii.   1,1,2,2- Tetrafluoro -1-(2,2,2-trifluoroethoxy) ethane;

   jjj.    cis-1,1,1,4,4,4-hexafluorobut-2-ene (HFO-1336mzz-Z);

   kkk. Perfluorocarbon compounds that fall into these classes:

   i.   Cyclic, branched, or linear, completely fluorinated alkanes,

   ii.   Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations,

   iii.   Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations, and

   iv.   Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine;

   lll.   The following compound(s) are VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements which apply to VOC and shall be uniquely identified in emission reports, but are not VOC for purposes of VOC emissions limitations or VOC content requirements: t-butyl acetate.

   251.   "Wood waste burner" means an incinerator designed and used exclusively for the burning of wood wastes consisting of wood slabs, scraps, shavings, barks, sawdust or other wood material, including those that generate steam as a byproduct.

(Ord. 2019-28 § 1 (part), 2019; Ord. 2017-20 § 1 (part), 2017: Ord. 2016-42 § 1 (part), 2016; Ord. 2008-55 § 1 (part), 2008; Ord. 2007-104 § 1, 2007; Ord. 2007-54 § 1, 2007; Ord. 2005-43 § 1 (part), 2005; Ord. 2001-121 § 1, 2001; Ord. 1998-27 § 2, 1998; Ord. 1997-79 § 2, 1997; Ord. 1996-50 § 1, 1996: Ord. 1995-87 § 3, 1995: Ord. 1994-83 § 2, 1994: Ord. 1993-128 § 1 (part), 1993)