Section 20-399. DEFINITIONS AND ABBREVIATIONS

 

399.1When used in this chapter, the following definitions shall apply to this chapter. Except as specifically provided in this section, terms used in this chapter retain the meaning ascribed under the applicable requirements of the Act.

 

Acid Rain Program - the national sulfur dioxide and nitrogen oxides air pollution control and emissions reduction program established in accordance with Title IV of the Act, 40 CFR Parts 72, 73, 75, 77, and 78, and regulations implementing §§ 407 and 410 of the Act.

 

Act - the Clean Air Act, as amended, 42 U.S.C. 7401 et seq.

 

Actual emissions - the actual rate of emissions in tons per year for any regulated pollutant (for presumptive fee calculation purposes) emitted from a Part 70 source over the preceding calendar year or any other period determined by the Mayor to be representative of normal source operation and consistent with the fee schedule approved pursuant to § 305. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and in-place control equipment, as well as types of materials processed, stored, or combusted during the preceding calendar year or such other time period established by the Mayor.

 

Administrator - the Administrator of the United States Environmental Protection Agency or the Administrator's duly authorized representative.

 

Affected source - a source that includes one or more affected units.

 

Affected States - are all States that meet one of the following requirements:

 

(a)One of the following contiguous states: Maryland and Virginia;

 

(b)In the judgment of the Mayor, may be directly affected by emissions from the stationary source seeking the permit, permit modification, or permit renewal being proposed; or

 

(c)Located within fifty (50) miles of the permitted source.

 

Affected unit - a fossil fuel-fired combustion device that is subject to emission reduction requirements or limitations under Title IV of the Act.

 

Allowance - an authorization by the Administrator under the Acid Rain Program to emit up to one (1) ton of sulfur dioxide during or after a specified calendar year.

 

Applicable requirement - all of the following as they apply to emissions units in a Part 70 source subject to these regulations (including requirements that have been promulgated or approved by the Administrator through rulemaking at the time of issuance but have future-effective compliance dates, provided that those requirements will, upon the effective compliance date, be applicable to the operations addressed in the permit):

 

(a)Any standard or other requirements provided for in the applicable implementation plan approved or promulgated by the Administrator through rulemaking under Title I of the Act that implements the relevant requirements of the Act, including any revisions to that plan promulgated in 40 CFR Part 52;

 

(b)Any term or condition of any preconstruction permits issued pursuant to regulations approved or promulgated through rulemaking under Title I, including Parts C or D, of the Act;

 

(c)Any standard or other requirement under § 111 of the Act, including § 111(d);

 

(d)Any standard or other requirement under § 112 of the Act, including any requirement concerning accident prevention under § 112(r) (7) of the Act, but not including the contents of any risk management plan required under § 112(r) of the Act;

 

(e)Any standard or other requirement of the Acid Rain Program under Title IV of the Act or the regulations promulgated thereunder;

 

(f)Any requirements established pursuant to § 504(b) or 114(a)(3) of the Act;

 

(g)Any standard or other requirement governing solid waste incineration, under § 129 of the Act;

 

(h)Any standard or other requirement for consumer and commercial products, under § 183(e) of the Act;

 

(i)Any standard or other requirement for tank vessels, under § 183(f) of the Act;

 

(j)Any standard or other requirement of the program to control air pollution from outer continental shelf sources, under § 328 of the Act;

 

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

 

(l)Any national ambient, air quality standard or increment or visibility requirement under Part C of Title I of the Act, but only as it would apply to temporary sources permitted pursuant to § 504(e) of the Act.

 

Area source - any stationary source of air pollutants that is not a major source.

 

Consumer Price Index - the U.S. Department of Labor, Bureau of Labor Statistics unadjusted Consumer Price Index for All Urban Consumers for the U.S. city average, for All Items on the latest reference base, or if such index is no longer published, such other index as the Mayor and the Administrator in their discretion determine meets the requirements of these regulations and the Act.

 

Designated representative - a responsible natural person authorized by the owners and operators of an affected source and of all affected units at the source, as evidenced by a certificate of representation submitted in accordance with Subpart B of 40 CFR Part 72, to represent and legally bind each owner and operator, as a matter of federal law, in matters pertaining to the Acid Rain Program.

 

Draft permit - the version of a permit for which the Mayor offers public participation under § 303.10 or affected State review under § 304.

 

Effective date - the date on which the operating permit program is approved by the Administrator.

 

Emergency - 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 preventative maintenance, careless or improper operation, or operator error.

 

Emissions allowable under the permit - a federally-enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or a federally-enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject.

 

Emissions unit - any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant or any pollutant listed under § 112(b) of the Act. This term is not meant to alter or affect the definition of the term "unit" for purposes of Title IV of the Act.

 

Final permit - the version of a Part 70 permit issued by the Mayor that has completed all review procedures required by §§ 303 and 304.

 

Fugitive emissions - those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.

 

General permit - a Part 70 permit that meets the requirements of § 302.4 of this chapter.

 

Major source - any stationary source (or any group of stationary sources that are located on one or more contiguous or adjacent properties, and are under common control of the same person (or persons under common control)) belonging to a single major industrial grouping and that are described in paragraph (a), (b), or (c) of this definition. For the purposes of defining "major source," a stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same Major Group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.

 

(a)A major source under § 112 of the Act, which is defined as follows:

 

(1)For pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, ten (10) tons per year or more of any hazardous air pollutant which has been listed pursuant to § 112(b) of the Act, twenty-five (25) tons per year or more of any combination of such hazardous air pollutants, or such lesser quantity as the Administrator may establish by rule. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or

 

(2)For radionuclides, "major source" shall have the meaning specified by the Administrator by rule.

 

(b)A major stationary source of air pollutants, as defined in § 302 of the Act, that directly emits or has the potential to emit, one hundred (100) tons per year or more of any air pollutant (including any major source of fugitive emissions of any pollutant, as determined by rule by the Administrator). The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source for the purposes of § 302(j) of the Act, unless the source belongs to one of the following categories of stationary sources:

 

(1)Coal cleaning plants (with thermal dryers);

 

(2)Kraft pulp mills;

 

(3)Portland cement plants;

 

(4)Primary zinc smelters;

 

(5)Iron and steel mills;

 

(6)Primary aluminum ore reduction plants;

 

(7)Primary copper smelters;

 

(8)Municipal incinerators capable of charging more than two hundred fifty (250) tons of refuse per day;

 

(9)Hydrofluoric, sulfuric, or nitric acid plants;

 

(10)Petroleum refineries;

 

(11)Lime plants;

 

(12)Phosphate rock processing plants;

 

(13)Coke oven batteries;

 

(14)Sulfur recovery plants;

 

(15)Carbon black plants (furnace process);

 

(16)Primary lead smelters;

 

(17)Fuel conversion plants;

 

(18)Sintering plants;

 

(19)Secondary metal production plants;

 

(20)Chemical process plants;

 

(21)Fossil-fuel boilers (or combination thereof) totaling more than two hundred fifty million (250,000,000) British Thermal Units per hour heat input;

 

(22)Petroleum storage and transfer units with a total storage capacity exceeding three hundred thousand (300,000) barrels;

 

(23)Taconite ore processing plants;

 

(24)Glass fiber processing plants;

 

(25)Charcoal production plants;

 

(26)Fossil-fuel-fired steam electric plants for more than two hundred fifty million (250,000,000) British Thermal Units per hour heat input; or

 

(27)All other stationary source categories regulated by a standard promulgated under § 111 or 112 of the Act, but only with respect to those air pollutants that have been regulated for that category;

 

(c)A major stationary source as defined in Part D of Title I of the Act, including the following:

 

(1)For ozone nonattainment areas, sources with the potential to emit one hundred (100) tons per year or more of volatile organic compounds or oxides of nitrogen in areas classified as "marginal" or "moderate," fifty (50) tons per year or more in areas classified as "serious," twenty-five (25) tons per year or more in areas classified as "severe," and ten (10) tons per year or more in areas classified as "extreme"; except that the references in this paragraph to one hundred (100), fifty (50), twenty-five (25), and ten (10) tons per year of nitrogen oxides shall not apply with respect to any source for which the Administrator has made a finding, under § 182(f)(1) or (2) of the Act, that requirements under § 182(f) of the Act do not apply;

 

(2)For ozone transport regions established pursuant to § 184 of the Act, sources with the potential to emit fifty (50) tons per year or more of volatile organic compounds;

 

(3)For carbon monoxide nonattainment areas:

 

(A)That are classified as "serious," and

 

(B)In which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the Administrator, sources with the potential to emit fifty (50) tons per year or more of carbon monoxide; and

 

(4)For particulate matter (PM<10>) nonattainment areas classified as "serious," sources with the potential to emit seventy (70) tons per year or more of PM<10>.

 

(d)For purposes of this chapter, a research and development stationary source may be treated as a separate source from other stationary sources that are located on a contiguous or adjacent property and under common control if it has a separate two- digit, SIC code.

 

Mayor - the Mayor of the District of Columbia or the Mayor's designated agent.

 

Part 70 permit or permit (unless the context suggests otherwise) - any permit or group of permits covering a Part 70 source that is issued, renewed, amended, or revised pursuant to this chapter.

 

Part 70 program or state program - a program approved by the Administrator under 40 CFR Part 70.

 

Part 70 or Part 70 regulations - the Administrator's regulations published at 40 CFR Part 70.

 

Part 70 source - any source subject to the permitting requirements of this chapter, as provided in §§ 300.1 and 300.2.

 

Permit modification - a revision to a Part 70 permit that meets the requirements of § 303. of this chapter.

 

Permit program costs - all reasonable (direct and indirect) costs required to develop and administer a permit program, as set forth in § 305 (whether such costs are incurred by the Mayor or other District agencies that do not issue permits directly, but that support permit issuance or administration).

 

Permit revision - any permit modification or administrative permit amendment.

 

Potential to emit - the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is enforceable by the Administrator. This term does not alter or affect the use of this term for any other purposes under the Act, or the term "capacity factor" as used in Title IV of the Act or the regulations promulgated thereunder.

 

Proposed permit - the version of a permit that the Mayor proposes to issue and forwards to the Administrator for review in compliance with § 304 of this chapter.

 

Regulated air pollutant - the following applies:

 

(a)Nitrogen oxides or any volatile organic compounds;

 

(b)Any pollutant for which a national ambient air quality standard has been promulgated;

 

(c)Any pollutant that is subject to any standard promulgated under § 111 of the Act;

 

(d)Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Act; or

 

(e)Any pollutant subject to a standard promulgated under § 112 or other requirements established under §§ 112(g), (j), and (r) of the Act. Where such a standard or other requirement applies only to one or more sources or categories of sources of an air pollutant, that pollutant is a "regulated air pollutant" for all sources or categories. If the Administrator fails to promulgate a standard by the date established pursuant to § 112(e) of the Act, any pollutant for which a subject source would be major shall be considered to be regulated as to that source on the date eighteen (18) months after the applicable date established pursuant to § 112(e) of the Act.

 

Regulated pollutant (for presumptive fee calculation), which is used only for purposes of § 305 - any "regulated air pollutant" except the following:

 

(a)Any pollutant that is a regulated air pollutant solely because it is a class I or ii substance subject to a standard promulgated under or established by title vi of the act;

 

(b)Any pollutant that is a regulated air pollutant solely because it is subject to a standard or regulation under § 112(r) of the Act; or

 

(c)Carbon monoxide.

 

Renewal - the process by which a permit is reissued at the end of its term.

 

Responsible official - for the following:

 

(a)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 to one of the following:

 

(1)The facilities employ more than two hundred fifty (250) persons or have gross annual sales or expenditures exceeding twenty five million dollars ($25,000,000) (in second quarter 1980 dollars); or

 

(2)The delegation of authority to such representatives is approved in advance by the permitting authority;

 

(b)The partnership or sole proprietorship: a general partner or the proprietor, respectively;

 

(c)A municipality, state, federal, or other public agency: either a principal executive officer or ranking elected official. For purposes of these regulations, 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); or

 

(d)Affected sources:

 

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

 

(2)The designated representative for any other purposes under this chapter.

 

Section 502(b)(10) changes - changes allowed in a permitted stationary source without requiring a permit revision pursuant to § 302.8 - Also changes that contravene an express permit term. The changes do not include changes that would violate applicable requirements or contravene federally-enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements.

 

Stationary source - any building, structure, facility, or installation that emits or may emit any regulated air pollutant or any pollutant listed under § 112(b) of the Act.

 

Title I modification or modification under any provision of Title I of the Act - any modification under § 111 or 112 of the Act and any physical change or change in method of operations that is subject to the preconstruction regulations promulgated under Parts C and D of the Act.

 

source

Final Rulemaking published at 40 DCR 8105, 8147 (November 19, 1993).