Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-1 - GENERAL PROVISIONS › Section 335-3-1-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Meaning of
				Terms. As used in these rules and regulations, terms shall have the meanings
				ascribed in this Rule.
(a)
				"
Act
" shall mean the Alabama Air Pollution Control Act
				of 1971, Act No. 769, Regular Session, 1971.
(b) "
Adjudication
"
				shall mean decisions, orders, decrees, determinations, or rulings by the
				Commission or its authorized Hearing officers and is specifically limited to
				decisions in regard to citations, Sections 17(e) and (f) of the Act, and
				variances, Section 12 of the Act.
(c) "
Adjudication
				Hearing
" shall mean a hearing held before the Commission or its
				authorized Hearing Officer, pursuant to the issuance of a citation(s), Section
				17(e) and (f) of the Act, and variances, Section 12 of the Act, for the purpose
				of establishing a record and a set of recommendations to provide the basis for
				an adjudication by the Commission of a contested case.
(d) "
Air
				Contaminant
" shall mean any solid, liquid, or gaseous matter, any
				odor, or any combination thereof, from whatever source.
(e) "
Air Pollution
"
				shall mean the presence in the outdoor atmosphere of one or more air
				contaminants in such quantities and duration as are, or tend to be, injurious
				to human health or welfare, animal or plant life, or property, or would
				interfere with the enjoyment of life or property throughout the State and in
				such territories of the State as shall be affected thereby.
(f) "
Air Pollution
				Emergency
" shall mean a situation in which meteorological
				conditions and/or contaminant levels in the ambient air reach or exceed the
				levels which may cause imminent and substantial endangerment to
				health.
(g) "
Air
				Quality Control Region
" shall mean jurisdictional areas designated
				in 40 CFR
				81.
(h) "
Capture System
"
				shall mean the equipment (including hoods, ducts, fans, etc.) used to contain,
				capture, or transport a pollutant to a control device.
(i) "
Chairman
" shall
				mean the Chairman or, in his absence, the Vice Chairman of the
				Commission.
(j)
				"
Citation
" shall mean a notice sent by the Commission
				or its authorized agent (to suspected violators of the Act) pursuant to Section
				17(e).
(k)
				"
Coating
" shall mean a protective, decorative, or
				functional film applied in a thin layer to a surface substrate.
(l) "
Coating
				Applicator
" shall mean an apparatus used to apply a surface
				coating.
(m) "
Coating
				Line
" shall mean one or more apparatus or operations which may
				include any number or combination of coating applicators, flash-off areas, and
				ovens wherein a surface coating is applied, dried, and/or cured.
(n) "
Commenced
"
				shall mean that an owner or operator has undertaken a continuous program of
				construction or modification or that an owner or operator has entered into a
				binding agreement or contractual obligation to undertake and complete, within a
				reasonable time, a continuous program of construction or
				modification.
(o)
				"
Commission
" shall mean the "Environmental Management
				Commission".
(p)
				"
Construction
" shall mean fabrication, erection, or
				installation of an affected facility.
(q) "
Continuous Vapor Control
				System
" shall mean a vapor control system that treats vapors
				displaced from tanks during filling on a demand basis without intermediate
				accumulation.
(r)
				"
Control Device
" shall mean any device which has the
				function of controlling the emissions from a process, fuel-burning, or
				refuse-burning device and thus reduces the creation of or the emission of air
				contaminants into the atmosphere, or both.
(s) "
Control
				Regulation
" shall mean a legally enforceable emission control
				strategy.
(t) "
Control
				Strategy
" shall mean a collection of various emission standards
				selected for the different categories of sources.
(u) "
County
				Classification
" shall mean the designation Class 1 County or Class
				2 County. All facilities, plants, or other installations shall be subject to
				the restrictions on air pollution emissions specific to the county
				classification of the county in which they are located.
1. A "
Class 2
				County
" shall mean a county in which:
(i) More than 50 percent of the county
				population resides in a non-urban place, as defined by the U.S. Department of
				Commerce Census Bureau for 1970.
(ii) No secondary National Ambient Air
				Quality Standards are being exceeded, based on 1971 air quality
				measurements.
2. A
				"
Class 1 County
" shall mean a county in which the
				conditions of either subparagraph 1.(i) or 1.(ii) above or both are not
				met.
(v)
				"
Day
" shall mean a twenty-four (24) hour period
				beginning at midnight.
(w)
				"
Department
" shall mean the Alabama Department of
				Environmental Management.
(x)
				"
Director
" shall mean the Director of the Department
				of Environmental Management.
(y)
				"
Effluent Water Separator
" shall mean any tank, box,
				sump, or other container in which any volatile organic compound floating on or
				entrained or contained in water entering such tank, box, sump, or other
				container is physically separated and removed from such water prior to outfall,
				drainage, or recovery of such water.
(z) "
Emission
" shall
				mean a release into the outdoor atmosphere of air contaminants.
(aa) "
Employee
"
				shall mean any employee of the Commission or Division.
(bb) "
Existing
				Source
" shall mean any source in operation or on which
				construction has commenced on the date of initial adoption of an applicable
				rule or regulation; except that any existing source which has undergone
				modification after the date of initial adoption of an applicable rule or
				regulation, shall be reclassified and considered a new source.
(cc) "
Federal Act
"
				shall mean the Clean Air Act (42 U.S.C. 1857
et
				seq.
) as last amended, and as may hereafter be amended.
(dd) "
Flash-Off
				Area
" shall mean the space between the application area and the
				oven.
(ee)
				"
Fuel-Burning Equipment
" shall mean any equipment,
				device, or contrivance and all appurtenances thereto, including ducts,
				breechings, fuel-feeding equipment, ash removal equipment, combustion controls,
				stacks, and chimney, used primarily, but not exclusively, to burn any fuel for
				the purpose of indirect heating in which the material being heated is not
				contracted by and adds no substance to the products of combustion.
(ff) "
Fugitive Dust
"
				shall mean solid air-borne particulate matter emitted from any source other
				than a flue or stack.
(gg)
				"
Gasoline
" shall mean a petroleum distillate having a
				Reid vapor pressure of 27.6 KPA (4 psia) or greater and used as a fuel for
				internal combustion engines.
(hh)
				"
Heat Available
" shall mean the aggregate heat content
				of all fuels whose products of combustion pass through a stack or
				stacks.
(ii)
				"
Hydrocarbons
" shall mean any organic compound of
				carbon and hydrogen only.
(jj)
				"
Incinerator
" shall mean any equipment, device, or
				contrivance and all appurtenances thereof used for the destruction (by burning)
				of solid, semi-solid, liquid, or gaseous combustible wastes.
(kk) "
Intermediate Vapor Control
				System
" shall mean a vapor control system that employs an
				intermediate vapor holder to accumulate vapors displaced from tanks during
				filling. The control device treats the accumulated vapors only during
				automatically controlled cycles.
(ll) "
Loading Rack
"
				shall mean an aggregation or combination of gasoline loading equipment arranged
				so that all loading outlets in the combination can be connected to a tank truck
				or trailer parked in a specified loading space.
(mm) "
Maximum Process Weight Per
				Hour
" shall mean the equipment manufacturer's or designer's
				guaranteed maximum (whichever is greater) process weight per hour.
(nn) "
Model Year
"
				shall mean the annual production period of new motor vehicles designated by the
				calendar year in which such period ends, provided that if the manufacturer does
				not so designate vehicles manufactured by him, the model year with respect to
				such vehicle shall mean the twelve-month period beginning January 1 of the year
				specified herein.
(oo)
				"
Modification
" shall mean any physical change in, or
				change in the method of operation of, an affected source which increases the
				amount of any air contaminant (to which a rule or regulation applies) emitted
				by such source or which results in the emission of any air contaminant (to
				which a rule or regulation applies) not previously emitted, except that:
1. Routine maintenance, repair, and
				replacement shall not be considered physical changes, and
2. The following shall not be considered a
				change in the method of operation:
(i) An
				increase in the production rate;
(ii) An increase in hours of
				operation;
(iii) Use of an
				alternative fuel or raw material.
(pp) "
Motor Vehicle
"
				shall mean every self-propelled device in or upon or by which any person or
				property is, or may be, transported or drawn upon a public highway.
(qq) "
New Source
"
				shall mean any source built or installed on or after the date of initial
				adoption of an applicable rule or regulation, and any source existing at said
				stated time which later undergoes modification. Any source moved to another
				premise involving a change of location after the date of initial adoption of an
				applicable rule or regulation shall be considered a new source. This definition
				of new source is not applicable to ADEM Admin. Code Rules
				335-3-10-.01(3)
				and 335-3-11-.01(3).
(rr) "
Objector
"
				shall mean any person who objects to the granting of a variance pursuant to
				Section 12(d) of the Act.
(ss)
				"
Odor
" shall mean smells or aromas which are
				unpleasant to persons or which tend to lessen human food and water intake,
				interfere with sleep, upset appetite, produce irritation of the upper
				respiratory tract, or cause symptoms or nausea, or which by their inherent
				chemical or physical nature or method or processing are, or may be, detrimental
				or dangerous to health. Odor and smell are used interchangeably
				herein.
(tt)
				"
Opacity
" shall mean the degree to which emissions
				reduce the transmission of light and obscure the view of the
				background.
(uu) "
Open
				Burning
" shall mean the burning of any matter in such a manner
				that the products of combustion resulting from the burning are emitted directly
				into the ambient air without passing through an adequate stack, duct, or
				chimney.
(vv)
				"
Operating Time
" shall mean the number of hours per
				year that a source conducts operations.
(ww) "
Organic
				Material
" shall mean a chemical compound of carbon excluding
				carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or
				carbonates, and ammonium carbonate.
(xx) "
Oven
" shall
				mean a chamber within which heat is used to bake, cure, polymerize, and/or dry
				a surface coating.
(yy)
				"
Owner or Operator
" shall mean any person who owns,
				leases, operates, controls, or supervises an affected facility, article,
				machine, equipment, other contrivance, or source.
(zz) "
Particulate
				Matter
" shall mean finely divided material, except uncombined
				water, which is a liquid or solid at the conditions of the applicable test
				method.
(aaa)
				"
Party
" shall mean the petitioner(s) for variance
				under Section 12 of the Act, the person(s) objecting to the grant of a variance
				petition under Section 12 of the Act, the alleged violator in the case of a
				citation issued pursuant to Section 17(e) of the Act, and the State.
(bbb) "
Petitioner
"
				shall mean any person who petitions the Commission pursuant to Section 12 of
				the Act and in accordance with Rule
				335-3-1-.09 of the Rules and
				Regulations.
(ccc)
				"
PM10
" means particulate
				matter with an 10 aerodynamic diameter less than or equal to a nominal 10
				micrometers as measured by a reference method based on
				40 CFR
				50, Appendix J, and designated in accordance
				with 40 CFR
				53, or by an equivalent method designated in
				accordance with 40 CFR
				53.
(ddd) "
PM
				Emission10
" means finely divided solid or
				10 liquid material, with an aerodynamic diameter less than or equal to a
				nominal 10 micrometers emitted to the ambient air as measured by an applicable
				reference method, or an equivalent or alternative method, specified in 40 CFR.
(eee) "
Prime
				Coat
" shall mean the first film of coating applied in a multiple
				coat operation.
(fff)
				"
Priority Classification
" shall mean Air Quality
				Control Region Pollutant Priority Classifications set forth in
				40 CFR
				52.
(ggg) "
Process
"
				shall mean any action, operation, or treatment of materials, including handling
				and storage thereof, which may cause discharge of an air contaminant or
				contaminants into the atmosphere, but excluding fuel burning and refuse
				burning.
(hhh) "
Process
				Weight
" shall mean the total weight in pounds of all materials
				introduced into any specific process which may cause any discharge into the
				atmosphere.
(iii)
				"
Process Weight Per Hour
" shall mean the total weight
				of all materials introduced into any specific process that may cause any
				discharge of particulate matter. Solid fuels charged will be considered as part
				of the process weight, but liquid and gaseous fuels and combustion air will
				not. For a cyclical or batch operation, the process weight per hour will be
				derived by dividing the total process weight by the number of hours in one
				complete operation from the beginning of any given process to the completion
				thereof, excluding any time during which the equipment is idle. For a
				continuous operation, the process weight per hour will be derived by dividing
				the process weight for a typical period of time by that time period.
(jjj) "
Refuse
" shall
				mean matter consisting of garbage, rubbish, ashes, street debris, dead animals,
				abandoned vehicles, industrial wastes, demolition wastes, construction wastes,
				special wastes, or sewage treatment residue.
(kkk) "
Reid Vapor Organic
				Pressure
" shall mean a vapor pressure specification for volatile
				crude oil and volatile nonviscous petroleum liquids except liquid petroleum
				gases as determined by American Society for Testing and Materials. The pressure
				approximates the absolute vapor pressure of the liquid.
(lll) "
Shutdown
"
				shall mean the cessation of operation of affected source or emission control
				equipment.
(mmm)
				"
Six-Minute Average
" shall be determined by
				calculating the arithmetic mean of twenty-four (24) consecutive opacity
				observations, taken at intervals of fifteen (15) seconds.
(nnn) "
Smoke
" shall
				mean gas-borne particles resulting from incomplete combustion consisting
				predominantly, but not exclusively, of carbon, ashes, or other combustible
				materials.
(ooo)
				"
Soiling Index
" shall mean a measure of the soiling
				properties of total suspended particulates in air determined by drawing a
				measured volume of air through a known area of Whatman No. 4 filter paper for a
				measured period of time, expressed as COHs/1,000 linear feet.
(ppp) "
Solvent
"
				shall mean organic materials which are liquid at standard conditions and which
				are used as dissolvers, viscosity reducers, or cleaning agents.
(qqq) "
Source
" shall
				mean any building, structure, facility, installation, article, machine,
				equipment, device, or other contrivance which emits or may emit any air
				contaminant. Any activity which utilizes abrasives or chemicals for cleaning or
				any other purpose (such as cleaning the exterior of buildings) which emits air
				contaminants shall be considered a source.
(rrr) "
Stack or
				Ducts
" shall mean any flue, duct, or other contrivance arranged to
				conduct emissions to the open air.
(sss) "
Standard
				Conditions
" shall mean a temperature of 20° C (68° F) and
				pressure of 760 millimeters of mercury (29.92 inches of mercury).
(ttt) "
Startup
"
				shall mean the setting in operation of an affected source for any
				purpose.
(uuu)
				"
State
" shall mean the State of Alabama, the
				Environmental Management Commission, and the Commission's
				representatives.
(vvv)
				"
Storage Tank Capacity
" shall mean the tank
				manufacturer's design capacity. Storage tank and storage vessel shall be
				equivalent in meaning.
(www)
				"
Submerged Fill Pipe
" shall mean any fill pipe, the
				discharge opening of which is entirely submerged when the liquid level is six
				(6) inches above the bottom of the tank; or when applied to a tank which is
				loaded from the side, shall mean any fill pipe, of which the top of the
				discharge opening is not over 18 inches from the bottom of the tank.
(xxx) "
Topcoat
"
				shall mean the final film of coating applied in a multiple coat
				operation.
(yyy) "
Total
				Reduced Sulfur (TRS)
" shall mean hydrogen sulfide, mercaptans,
				dimethyl sulfide, dimethyl disulfide, and any other organic sulfides
				present.
(zzz) "
Total
				suspended particulate
" means particulate matter as measured by the
				method described in 40 CFR
				50, Appendix B.
(aaaa) "
Transfer Efficiency
				(TE)
" shall mean the efficiency of a surface coating application
				system to deposit coating solids on a substrate. The transfer efficiency of an
				application system is determined by dividing the volume of coating solids
				deposited on a substrate by the total volume of coating solids used.
(bbbb) "
True Vapor
				Pressure
" shall mean the equilibrium partial pressure exerted by a
				stored petroleum liquid at the temperature equal to the highest calendar-month
				average of the liquid storage temperature as determined in accordance with
				methods described in American Petroleum Institute Bulletin 2517, "Evaporation
				Loss from External Floating Roof Tanks," 1962, Second Edition, February
				1980.
(cccc)
				"
Uncombined Water
" shall mean any water droplets or
				water vapor condensate that does not contain any other solid or liquid
				particulate matter attached to the water droplets.
(dddd) "
Vapor Collection
				System
" shall mean a vapor transport system which uses direct
				displacement by the liquid loaded to force vapors from the tank into a vapor
				control system.
(eeee)
				"
Vapor Recovery System
" shall mean a system that
				prevents release to the atmosphere of at least 90 percent by weight of organic
				compounds in the vapor displaced from a tank during the transfer of
				gasoline.
(ffff)
				"
Violator
" shall mean any person who is issued a
				citation by the Commission or its authorized agent pursuant to Section 17(e)
				and (f) of the Act.
(gggg)
				"
Volatile Organic Compounds (VOC)
" shall mean 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:
1.
				Methane;
2. Ethane;
3. Methyl Chloroform (1,1,1
				Trichloroethane);
4. Methylene
				Chloride (Dichloromethane);
5.
				CFC-11 (Trichlorofluoromethane);
6.
				CFC-12 (Dichlorodifluoromethane);
7. HCFC-22 (Chlorodifluoromethane);
8. HFC-23 (Trifluoromethane);
9. CFC-114 (1,2-dichloro
				1,1,2,2-Tetrafluoroethane);
10.
				CFC-115 (Chloropentafluoroethane);
11. HCFC-123
				(1,1,1-Trifluoro-2,2-dichloroethane);
12. HCFC-124
				(2-Chloro-1,1,1,2-tetrafluoroethane);
13. HFC-125 (Pentafluoroethane);
14. HFC-134
				(1,1,2,2-Tetrafluoroethane);
15.
				HFC-134a (1,1,1,2-Tetrafluoroethane);
16. HCFC-141b
				(1,1-Dichloro-1-fluoroethane);
17.
				HCFC-142b (1-Chloro-1,1-difluoroethane);
18. HFC-143a
				(1,1,1-Trifluoroethane);
19.
				HFC-152a (1,1-Difluoroethane);
20.
				CFC-113 (1,1,2-Trichloro-1,2,2-Trifluoroethane);
21. Parachlorobenzotrifluoride
				(PCBTF);
22. Cyclic, branched, or
				linear completely methylated siloxanes;
23. Acetone;
24. Perchloroethylene
				(tetrachloroethylene);
25.
				HCFC-225ca (3,3-dichloro-1,1,1,2,2" pentafluoropropane);
26. HCFC-225cb
				(1,3-dichloro-1,1,2,2,3-pentafluoropropane);
27. HFC 43-10mee
				(1,1,1,2,3,4,4,5,5,5-decafluoropentane);
28. HFC-32 (Difluoromethane);
29. HFC-161 (Ethylfluoride);
30. HFC-236fa
				(1,1,1,3,3,3-Hexafluoropropane);
31. HFC-245ca
				(1,1,2,2,3-Pentafluoropropane);
32.
				HFC-245ea (1,1,2,3,3-Pentafluoropropane);
33. HFC-245eb
				(1,1,1,2,3-Pentafluoropropane);
34.
				HFC-245fa (1,1,1,3,3-Pentafluropropane);
35. HFC-236ea
				(1,1,1,2,3,3-Hexafluoropropane);
36. HFC-365mfc
				(1,1,1,3,3-Pentafluororbutane);
37.
				HCFC-31 (Chlorofluoromethane);
38.
				HCFC-123a (1,2-Dichloro-1,1,2-trifluoroethane);
39. HCFC-151a
				(1-Chloro-1-fluoroethane);
40.
				C4F9OCH3
				(1,1,1,2,2,3,3,4,4-Nonafluoro-4-methoxybutane);
41.
				(CF3)2CFCF2OCH3
				(2-(Difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane);
42.
				C4F9OC2H5
				(1-Ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane);
43.
				(CF3)2CFCF2OC2H5
				(2-(Ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane);
44. Methyl Acetate; and
45. HFE-7000
				n-C3F7OCH3,
				(1,1,1,2,2,3,3,-heptafluoro-3 methoxy-propane)
46. HFE-7500
				(3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl)
				hexane)
47. HFC-227ea
				(1,1,1,2,3,3,3-heptafluoropropane)
48. methyl formate
				(HCOOCH3)
49. HPE-7300 1,1,1,2,2,3,4,5,5,5,-decafluoro-
				3-methoxy-4-tri-fluoromethylpentane;
50. propylene carbonate;
51. dimethyl carbonate;
52.
				trans-1,3,3,3-tetrafluoropropene;
53. HFE-134
				(HCF2OCF2H);
54. HFE-236cal2
				(HCF2OCF2OCF2H);
55. HFE-338pcc13
				(HCF2OCF2CF2OCF2H);
56. H-Galden 104x or H-Galden ZT130 (or 150
				or
				180)(HCF2OCF2OCF2CF2OCF2H);
57. trans 1-chloro-3,3,3-trifluoroprop-1-ene
				(SolsticeTM 1233zd(E);
58.
				HFO-1234yf (2,3,3,3-tetrafluoropropene;
59. 2-amino-2-methyl-1-propanol;
60. t-butyl acetate;
61.
				1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane;
62.
cis
-
				1,1,1,4,4,4-hexafluorobut-2-ene (HFO-1336mzz-Z;
63. trans-
				1,1,1,4,4,4-hexafluorobut-2-ene
(HFO-1336mzz(E)
); and
64. Perfluorocarbon compounds which 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.