DEPARTMENT
OF ENVIRONMENTAL SERVICES
Air
Resources Division
Tel.
#(603) 271-1370
CHAPTER Env-A 100 ORGANIZATIONAL RULES
Statutory
Authority: RSA 125-C:4
REVISION NOTE:
Document
#8256, effective 1-14-05, repealed, amended, and readopted with amendments and renumbered
many definitions in Env-A 100, necessitating extensive renumbering of most of
the remaining definitions, as indicated in the source notes referencing
Document #8256 below.
The definitions repealed by Document
#8256 include the following terms and phrases.
The prior documents containing the definitions are identified in
Document #8256 as follows:
Env-A 101.04 “Acid
rain compliance option”, #6057-A, effective
Env-A 101.11 “Adverse
environmental effect”, #6057-A, effective
Env-A 101.21 “Air
quality control regions”, #6057-A, effective
Env-A 101.25
“Alternative Control Technology (ACT)”, #6057-A, effective
Env-A 101.29 “Amended
water”, #6482-A, effective
Env-A 101.33 “Annual
emissions”, #6469-A, effective
Env-A 101.34
“Appliance”, #6057-A, effective
Env-A 101.43 “Average
annual emissions”, #6469-A, effective
Env-A 101.44 “Average
emission rate”, #6469-A, effective
Env-A 101.45 “Baseline
average emission rate”, #6469-A, effective
Env-A 101.46 “Baseline
emissions”, #6469-A, effective
Env-A 101.48 “Black
liquor”, #6724-A, effective
Env-A 101.49 “Black
liquor oxidation system”, #6724-A, effective
Env-A 101.50 “Black
liquor solids”, #6724-A, effective
Env-A 101.53 “Brown
stock washer system”, #6724-A, effective
Env-A 101.55 “Bubble
concept”, #6057-A, effective
Env-A 101.71 “Cleaning
solvent”, #6057-A, effective
Env-A 101.73 “COH”,
#6057-A, effective
Env-A 101.86 “Control
Technique Guideline (CTG)”, #6057-A, effective
Env-A 101.88
“Council’s clerk”, #6057-A, effective
Env-A 101.97 “Digester
system”, #6724-A, effective
Env-A 101.98 “Direct
replacement”, #6342-A, effective
Env-A 101.102 “Effects
factor”, #6428-A, effective
Env-A 101.109
“Emission rate”, #6469-A, effective
Env-A 101.116 “Exhaust
and ventilation system”, #6057-A, effective
Env-A 101.117 “Exhaust
emission”, #6057-A, effective
Env-A 101.119
“Expeditiously as practicable”, #6057-A, effective
Env-A 101.121 “Federal
fiscal year”, #6057-A, effective
Env-A 101.128 “Fly
ash”, #6057-A, effective
Env-A 101.130 “Friable
asbestos material”, #6482-A, effective
Env-A 101.140
“Geometric mean”, #6057-A, effective
Env-A 101.153
“Indirect source”, #6057-A, effective
Env-A 101.158 “Kraft
recovery furnace”, #6724-A, effective
Env-A 101.172 “Maximum
total heat input capacity”, #6469-A, effective
Env-A 101.179
“Multiple effect evaporator system”, #6724-A, effective
Env-A 101.184 “New
design kraft recovery furnace”, #6724-A, effective
Env-A 101.188 “Nitric
acid production unit”, #6057-A, effective
Env-A 101.197 “Old
design kraft recovery furnace”, #6724-A, effective
Env-A 101.202 “Paper
manufacturing facility”, #6428-A, effective 1-18-97
Env-A 101.215 “Process,
manufacturing and service-based industry”, #6428-A, effective 1-18-97
Env-A 101.234
“Residual Risk Standards”, #6057-A, effective
Env-A 101.237
“Ringelmann Smoke Chart”, #6057-A, effective
Env-A 101.247
“Significant modification”, #6057-A, effective
Env-A 101.248
“Significant permit amendment”, #6057-A, effective
Env-A 101.250 “Smelt
dissolving tank”, #6724-A, effective
Env-A 101.267 “Sulfite
mill”, #6057-A, effective
Env-A 101.270
“Sulfuric acid production unit”, #6057-A, effective
Env-A 101.296 “Utility
Unit”, #6057-A, effective
Env-A 101.301 “Wet
methods”, #6482-A, effective
REVISION NOTE:
Document
#8304, effective
The definitions repealed by Document
#8304 include the following terms and phrases.
The prior documents containing the definitions are identified in
Document #8304 as follows:
Env-A 101.80
“Competent person”, #7845, effective
Env-A 101.240
“Sawing”, #6482-A, effective
The definitions readopted with
amendments and renumbered from Env-A 100 as rules in Env-A 1802.01 include the
following terms and phrases. The prior
document containing the definitions is identified in Document #8304 as Document
#6482-A, effective
“Aggressive sampling”
“Analytical service”
“Asbestos”
“Asbestos abatement”
“Asbestos-containing
material”
“Category I nonfriable
ACM”
“Category II
nonfriable ACM”
“Clean room”
“Emergency Asbestos
Project”
“Encapsulant”
“Encapsulation”
“Equipment room”
“Glovebag”
“HEPA filtration”
“Major asbestos
abatement project—Class N”
“Major asbestos
abatement project—Class S demolition”
“Major asbestos
abatement project—Class S renovation”
“Minor asbestos
abatement project”
“Regulated
Asbestos-Containing Material”
“Removal”
“Renovation”
“Sheets” or “sheeting”
“Shower room”
“Tape”
PART Env-A 101
DEFINITIONS
Env-A
101.01 Statutory Definitions Adopted. Unless otherwise indicated, all words used in
these rules shall have the same meanings given them by RSA 125-C:2.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6057-A, eff 6-30-95
Env-A
101.02 "Abatement" means
either to reduce in amount and intensity, or to cease.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6057-A, eff 6-30-95
Env-A
101.03 "Acid rain affected
source" means a source that includes one or more acid rain affected units.
Source. #6057-A,
eff 6-30-95
Env-A
101.04 "Acid rain permit"
means the portion of a title V operating permit, including any permit
revisions, which specifies to the owner, operator or designated representative
of the acid rain affected source or the acid rain affected unit, the
requirements applicable to such affected source or to each such affected unit
at such an affected source, pursuant to Env-A 406 Acid Deposition Program or
title IV Acid Deposition Control of the Act.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.05)
Env-A
101.05 "Activity" means an
endeavor initiated by and/or carried out by any person.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A
101.03); renumbered by #8256 (from Env-A 101.06)
Env-A
101.06 "Acute" means a type of
exposure which is considered as a one-time or short-term exposure, with a
typical duration of less than or equal to 24 hours. This type of exposure could also consist of
multiple exposures or a continuous exposure over several, but no more than 14,
days.
Source. #6328,
INTERIM, eff 8-24-96, EXPIRED: 12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.07)
Env-A
101.07 "Acute fuel shortage"
means a condition in which the availability of fuel is severely limited, and is
expected to remain limited for less than 90 days.
Source. #6519-A,
eff 5-29-97; renumbered by #8256 (from Env-A 101.08)
Env-A
101.08 "Administrative permit
amendment" means the following:
(a) "Administrative permit amendment"
as defined in 40 CFR 70.7(i) through (iv), namely "a permit revision that:
(1) Corrects typographical errors;
(2) Identifies a change in the name, address, or
phone number of any person identified in the permit, or provides a similar
minor administrative change at the source;
(3) Requires more frequent monitoring or
reporting by the permittee;
(4) Allows for a change in ownership or
operational control of a source where the permitting authority determines that
no other change in the permit is necessary, provided that a written agreement
containing a specific date for transfer of permit responsibility, coverage, and
liability between the current and new permittee has been submitted to the
permitting authority"; or
(b) A permit change made in either an initial
temporary permit or an extended temporary permit which meets the requirements
of 40 CFR section 70.6, 70.7, and 70.8.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.09)
Env-A
101.09 "Administrator" means
either of the following depending on the purpose for its use:
(a) For the purpose of Env-A 3300 and references
to 40 CFR 60 therein, "administrator" means the commissioner or
administrator of the United States Environmental Protection Agency or his
authorized representative.
(b) For the purpose of all other chapters within
Env-A, "administrator" means the administrator of the United States
Environmental Protection Agency.
Source. #6057-A,
eff 6-30-95; ss by #6518-A, eff 5-29-97; renumbered by #8256 (from Env-A
101.10)
Env-A
101.10 "Aerosols" means a
system of particles suspended in gas which upon collection tend to coalesce and
create uniform homogeneous films upon the surfaces of the collecting media.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.04);
renumbered by #8256 (from Env-A 101.12)
Env-A 101.11 "Affected source" means
"affected source" as defined in RSA 125-C:2, namely "any
stationary source, the construction, installation, operation, and modification
of which is subject to Title V, Clean Air Act, 42 U.S.C. 7401 et seq., as
amended."
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.13)
Env-A
101.12 "Affected states" means
all states, including Connecticut, Maine, Massachusetts, New York, Rhode
Island, and Vermont, which meet at least one of the following criteria as
listed in the definition of "affected states" in 40 CFR 70.2, namely
"all States:
(1) Whose air quality may be affected and that
are contiguous to the State in which a part 70 permit, permit modification or
permit renewal is being proposed; or
(2) That are within 50 miles of the permitted Source."
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.14)
Env-A
101.13 "Affected unit" means
"affected unit" as defined in section 402 of the Act, namely "a
unit that is subject to emission reduction requirements or limitations under
this title."
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.15)
Env-A
101.14 "Air contaminant" means
"air contaminant" as defined in RSA 125-C:2,II, and RSA 125-I:2,I,
namely "soot, cinders, ashes, dust, fume, gas, mist (other than water),
odor, toxic or radioactive material, particulate matter, or any combination
thereof."
Source. #6328, INTERIM, eff 8-24-96, EXPIRED:
12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.17), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.15 "Air pollutant" means
"air contaminant" as defined in RSA 125-C:2,II, namely "soot,
cinders, ashes, any dust, fume, gas, mist (other than water), odor, toxic or
radioactive material, particulate matter, or any combination
thereof." The term also includes
aerosols.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; rpld by #5033, eff 12-27-90
New. #5033, eff 12-27-90 (from Env-A 101.06); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.05); renumbered by #8256 (from Env-A 101.18), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.16 "Air pollution" means "air
pollution" as defined in RSA 125-C:2,III, namely "the presence in the
outdoor atmosphere of one or more contaminants or any combination thereof in
sufficient quantities and of such characteristics and duration as are or are
likely to be injurious to public welfare, to the health of human, plant, or
animal life, or cause damage to property or create a disagreeable or unnatural
odor or obscure visibility or which unreasonably interfere with the enjoyment
of life and property."
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.05)
New. #5033, eff 12-27-90 (from Env-A 101.07); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.06); renumbered by #8256
(from Env-A 101.19), see Revision Note at chapter heading; renumbered by #8304,
see Revision Note at chapter heading
Env-A
101.17 "Air pollution control
equipment" means any apparatus or process used in the control of air
pollution as a result of rules, or any process which controls air pollution but
is not vital to normal productions operations.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.06)
New. #5033, eff 12-27-90 (from Env-A 101.08); ss
and moved by #6057-A, eff 6-30-95
(from Env-A 101.07) renumbered by #8256 (from Env-A 101.20), see Revision Note
at chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.18 "Air toxic" means
"air toxic" as defined in RSA 125-I:2,II, namely "air
contaminants designated by the commissioner of the department of environmental
services from the organic compounds and metals listed by the United States
Environmental Protection Agency in the Code of Federal Regulations, Title 40,
Part 261, Subparts C and D and Table 4 of 450/5-86-O11a and subsequent
updates."
Source. #6328, INTERIM, eff 8-24-96, EXPIRED:
12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.22), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.19 "Allowable emissions"
mean "allowable emissions" as defined in RSA 125-J:1, II, namely
"the emission rate of a device or source calculated using the maximum
rated capacity of the device or source, or, if applicable, federally
enforceable limits which restrict the emission rate, operating rate, hours of
operation, or any combination thereof, and the most stringent of the following:
(a) Any applicable standard set forth in 40 CFR
part 60 [New Source Performance Standards] or 40 CFR part 61 [National Emission
Standards for Hazardous Air Pollutants];
(b) Any applicable
(c) Any emission rate specified as a condition of
a federally enforceable permit issued by the division or EPA, including those
with a future compliance date, or a federally enforceable emissions reductions
credit certificate issued pursuant to an EPA-approved economic incentive
program ("EIP")."
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.07)
New. #5033, eff 12-27-90 (from Env-A 101.09); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.08); renumbered by #8256 (from Env-A 101.23), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.20 "Allowance" means an
authorization by EPA to emit up to one ton of sulfur dioxide during or after a
specified calendar year pursuant to the title IV Acid Deposition Control of the
Act, or the regulations promulgated thereunder.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.24), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.21 "Ambient air" means the
unconfined atmosphere that envelopes the earth.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.08)
New. #5033, eff 12-17-90 (from Env-A 101.10); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.09); renumbered by #8256 (from Env-A 101.26), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.22 "Ambient air limit"
means "ambient air limit" as defined in RSA 125-I:2, IV, namely
"the standard designated pursuant to RSA 125-I:4 that establishes the
maximum allowable concentration of emissions of a specific regulated toxic air
pollutant at or beyond the compliance boundary."
Source. #6328, INTERIM, eff 8-24-96, EXPIRED:
12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.27), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.23 "Ambient air quality
standard" means any standard which establishes the maximum allowable
concentration of a specific pollutant in the ambient air of a region or
subregion as established by the commissioner or administrator.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.09)
New. #5033, 12-27-90 (from Env-A 101.11); ss and
moved by #6057-A, eff 6-30-95 (from
Env-A 101.10); renumbered by #8256 (from Env-A 101.28), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.24 "Amendment" means a
revision in the written contents of a permit, including but not limited to
changes in emission limitations, applicable requirements, and operational
characteristics. This term includes
"administrative permit amendment", "minor permit
amendment", and "significant permit amendment".
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.30), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.25 "Annual" means a time
period from January 1 of a calendar year through December 31 of the same year.
Source. #6482-A,
eff 4-1-97; renumbered by #8256 (from Env-A 101.32), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.26 "Applicable
requirement" means "applicable requirement" as defined in 40 CFR
70.2, namely "all of the following as they apply to emissions units in a
part 70 source (including requirements that have been promulgated or approved
by EPA through rulemaking at the time of issuance but have future effective
compliance dates):
(a) Any standard or other requirement provided
for in the applicable implementation plan approved or promulgated by EPA for
New Hampshire through rulemaking under title I [Programs and Activities] of the
Act that implements the relevant requirements of the Act, including any
revisions to that plan promulgated in part 52 of this chapter;
(b) Any term or condition of any preconstruction
permits issued pursuant to regulations approved or promulgated through
rulemaking under title I [Programs and Activities], including parts C
[Prevention of Significant Deterioration] or D [Plan Requirements for
Nonattainment Areas], of the Act;
(c) Any standard or other requirement under
section 111 [New Source Performance Standards] of the Act, including section
111(d);
(d) Any standard or other requirement under
section 112 [Hazardous Air Pollutants] of the Act, 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 [Acid Deposition Control] of the Act, or the
regulations promulgated thereunder;
(f) Any requirements established pursuant to
section 504(b) [Monitoring and Analysis] or section 114(a)(3) [Inspections,
Monitoring and Entry] of the Act;
(g) Any standard or other requirement governing
solid waste incineration, under section 129 [Solid Waste Combustion] of the
Act;
(h) Any standard or other requirement for
consumer and commercial products, under section 183(e) [Control of Emissions
from Certain Sources] of the Act;
(i) Any standard or other requirement for tank
vessels under section 183(f) [Tank Vessel Standards] of the Act;
(j) Any standard or other requirement of the program
to control air pollution from outer continental shelf sources, under section
328 [Air Pollution from Outer Continental Shelf Activities] of the Act;
(k) Any standard or other requirement of the
regulations promulgated to protect stratospheric ozone under title VI
[Stratospheric Ozone Protection] of the Act, unless the Administrator has
determined that such requirements need not be contained in a title V
[operating] permit; and
(l) Any national ambient air quality standard or
increment or visibility requirement under part C [Prevention of Significant
Deterioration] of title I of the Act, but only as it would apply to temporary
sources permitted pursuant to section 504(e) [Permit Requirements and Condition
for Temporary Sources] of the Act."
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.35), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.27 "Applicant" means a
person who requests a permit or other form of license.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.36), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.28 "Area source" means a
two-dimensional, horizontal source from which air emissions are being released
at a relatively uniform rate from every part of its surface.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.37), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.29 "Arithmetic mean" means
the sum of N (number) factors divided by N.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.10)
New. #5033, eff 12-27-90 (from Env-A 101.12); ss
and moved by #6057-A, eff 6-30-95
(from Env-A 101.11); renumbered by #8256 (from Env-A 101.38), see Revision Note
at chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.30 "ASTM" means the
American Society for Testing and Materials.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.11)
New. #5033, eff 12-27-90 (from Env-A 101.13); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.12); renumbered by #8256 (from Env-A 101.42), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.31 "Best available control
technology (BACT)" means "best available control technology" as
defined in 40 CFR 52.21(12), namely "an emissions limitation (including a
visible emission standard) based on the maximum degree of reduction for each
pollutant subject to regulation under the Act which would be emitted from any
proposed major stationary source or major modification which the Administrator,
on a case-by-case basis, taking into account energy, environmental, and
economic impacts and other costs, determines is achievable for such source or
modification through application of production processes or available methods,
systems, and techniques, including fuel cleaning or treatment or innovative
fuel combustion techniques for control of such pollutant. In no event shall application of best
available control technology result in emissions of any pollutant which would
exceed the emissions allowed by any applicable standard under 40 CFR parts 60
and 61. If the Administrator determines
that technological or economic limitations on the application of measurement
methodology to a particular emissions unit would make the imposition of an
emissions standard infeasible, a design, equipment, work practice, operational
standard, or combination thereof, may be prescribed instead to satisfy the
requirement for the application of best available control technology. Such standard shall, to the degree possible,
set forth the emissions reduction achievable by implementation of such design,
equipment, work practice or operation, and shall provide for compliance by
means which achieve equivalent results."
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.12)
New. #5033, eff 12-27-90 (from Env-A 101.14); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.13); renumbered by #8256 (from Env-A 101.47), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.32 "Blended fuel" means
any fuel containing a mixture of 2 or more fuels which, as combined, does not
exceed the applicable pollutant content specified in Env-A 1600.
Source. #6519-A,
eff 5-29-97; renumbered by #8256 (from Env-A 101.51), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.33 "British Thermal Unit
(BTU)" means the quantity of heat required to raise the temperature of one
pound of water at or near 39.2 degrees Fahrenheit by one degree
Fahrenheit. A BTU equals 251.98
calories.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.13)
New. #5033, eff 12-27-90 (from Env-A 101.15); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.14); renumbered by #8256 (from Env-A 101.52), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.34 "Calorie" means the
quantity of heat required to raise the temperature of one gram of water at or
near 4 degrees Celsius by one degree Celsius.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.14)
New. #5033, eff 12-27-90 (from Env-A 101.16); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.15); renumbered by #8256 (from Env-A 101.56), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.35 "Carbon monoxide (CO)"
means a colorless, odorless, toxic gas which is produced by incomplete burning
of carbon containing substances.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.15)
New. #5033, 12-27-90 (from Env-A 101.17); ss and
moved by #6057-A, eff 6-30-95 (from
Env-A 101.16); renumbered by #8256 (from Env-A 101.58), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.36 "Ceiling limit value"
means a concentration of a regulated air toxic pollutant which if exceeded
during any part of a working exposure, will cause detrimental effects to
humans.
Source. #6328, INTERIM, eff 8-24-96, EXPIRED:
12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.61), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.37 "Cement, ready mix concrete, and cement block
source" means any source engaged in the manufacturing or handling of bulk
cement, ready mix cement, or cement blocks.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.17)
New. #5033, eff 12-27-90 (from Env-A 101.19); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.18); renumbered by #8256 (from Env-A 101.62), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.38 "Certificate of
representation," as used in the definition of "designated
representative" in this part, means the completed and signed submission required
pursuant to title IV Acid Deposition Control of the Act and which certifies the
appointment of a designated representative authorized to represent the owner or
operator of an acid rain affected source or an acid rain affected unit with
regard to the requirements of title IV Acid Deposition Control.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.63), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.39 "Chemical Abstract Service
(CAS)" means the service of the American Chemical Society which is used to
identify all existing chemicals through the use of unique numbers.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.16)
New. #5033, eff 12-27-90 (from Env-A 101.18); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.17); renumbered by #8256 (from Env-A 101.64), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.40 "Chronic" means an
exposure which lasts between one year and a lifetime in duration.
Source. #6328, INTERIM, eff 8-24-96, EXPIRED:
12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.65), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.41 "Class A major source"
means a major source with a maximum total heat input capacity of 1000 MMBTU per
hour or more.
Source. #6469-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.66), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.42 "Class B major source" means a
major source with a maximum total heat input capacity of less than 1000 MMBTU
per hour.
Source. #6469-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.67), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.43 "Clean Air Act (Act)" means the
Clean Air Act, as amended, 42 U.S.C. 7401, et seq.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.18)
New. #5033, eff 12-27-90 (from Env-A 101.20); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.19); renumbered by #8256 (from Env-A 101.68), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.44 "Cleaning of fires" means the
adjusting of a combustion process to improve and optimize operation of the
device. This includes the adjustment of
the flame using visual and process information.
Source. #6505-A,
eff 5-1-97; renumbered by #8256 (from Env-A 101.70), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.45 "Coal" means all solid
fuels classified as anthracite, bituminous, subbituminous, or lignite by the
American Society of Testing and Materials (ASTM), D388-77, as defined in 40 CFR
60.41(f).
Source. #6519-A,
eff 5-29-97; renumbered by #8256 (from Env-A 101.72), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.46 "Combustion device"
means any device, including incinerators, boilers, turbines and engines, as
well as asphalt plant dryers and miscellaneous combustion sources, that
discharge air pollutants into the ambient air as a result of a combustion
process.
Source. #6983-A,
eff 4-23-99; renumbered by #8256 (from Env-A 101.75), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.47 "Combustion products"
means the particulate and gaseous pollutants created by the oxidation or
burning of any material.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A
101.22); renumbered by #8256 (from Env-A 101.76), see Revision Note at chapter
heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.48 "Commenced" means
"commenced" as applied to construction of a major emitting facility,
and as defined in section 169(2) of the Act, namely "that the owner or
operator has obtained all necessary preconstruction approvals or permits
required by Federal, State, or local air pollution emissions and air quality
laws or regulations and either has (i) begun, or caused to begin, a continuous
program of physical on-site construction of the facility or (ii) entered into
binding agreements or contractual obligations, which cannot be canceled or
modified without substantial loss to the owner or operator, to undertake a
program of construction of the facility to be completed within a reasonable
time."
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A
101.23); renumbered by #8256 (from Env-A 101.77), see Revision Note at chapter
heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.49 "Commissioner" means
the commissioner of the state of
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.79), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.50 "Conforming fuel" means
any fuel having a pollutant content which is less than or equal to the
applicable pollutant content limit for that particular fuel.
Source. #6519-A,
eff 5-29-97; renumbered by #8256 (from Env-A 101.81), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.51 "Consignment" means a
shipment of liquid fuel 420,000 gallons and larger or a shipment of coal 8,000 tons
and larger.
Source. #6519-A,
eff 5-29-97; renumbered by #8256 (from Env-A 101.82), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.52 "Construction" means "construction"
as defined in section 402 of the Act, namely "fabrication, erection, or
installation of an affected unit."
In addition, pursuant to section 169(2)(C), "when used in
connection with any source or facility [The definition of the term], includes
the modification (as defined in section 111(a) [of the Act]) of any source or
facility."
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.83), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.53 "Continuous Emission Monitoring System
(CEMS)" means "continuous emission monitoring system" as defined
in section 402(7) of the Act, namely "the equipment as required by section
412 [monitoring, reporting and recordkeeping], used to sample, analyze,
measure, and provide on a continuous basis a permanent record of emissions and
flow (expressed in pounds per million British thermal units (lbs/mmBtu), pounds
per hour (lbs/hr) or such other form as the Administrator may prescribe by
regulations under section 412)."
Source. #6057-A,
eff 6-30-95; ss by #7845, eff 3-8-03; renumbered by #8256 (from Env-A
101.84), see Revision Note at chapter heading; renumbered by #8304, see Revision
Note at chapter heading
Env-A 101.54 "Control" means the application of
equipment or methods designed to achieve the reductions of emissions necessary
for attainment and maintenance of ambient air quality standards.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; rpld by #5033, eff 12-27-90
New. #5033, eff 12-27-90 (from Env-A 101.25); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.24); renumbered by #8256 (from Env-A 101.85), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.55 "Council" means the air resources
council of the state of New Hampshire, established pursuant to RSA 21-O.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.24)
New. #5033, eff 12-27-90; ss and moved by #6057-A, eff
6-30-95 (from Env-A 101.25); renumbered by #8256 (from Env-A 101.87), see
Revision Note at chapter heading; renumbered by #8304, see Revision Note at
chapter heading
Env-A
101.56 "Crude oil" means
"crude oil" as defined in ASTM D 4175-92, namely "a naturally occurring
hydrocarbon mixture, generally in liquid state, which may also include
compounds of sulfur, nitrogen, oxygen, metals, and other elements."
Source. #6519-A,
eff 5-29-97; renumbered by #8256 (from Env-A 101.89), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.57 “De minimis emission level” means
an uncontrolled emission rate that is in compliance with an associated ambient
air limit.
Source. #6739-A,
eff 5-8-98; ss and renumbered by #8256, eff 1-14-05 (from Env-A 101.90),
see Revision Note at chapter heading; renumbered by #8304, see Revision Note at
chapter heading
Env-A
101.58 "Deem complete" means to
find that an application contains the information and application forms
required by the division in order to be reviewed as an application for a
particular permit. It does not mean that
the information so provided is correct, relevant, or entire, or that the
director will not require additional information in order to make a final
determination as to the issuance of said permit.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.91), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.59 "Demolition" means the
wrecking or taking out of any load-supporting structural member of a facility
together with any related handling operation or the intentional burning of any
facility.
Source. #6482-A,
eff 4-1-97; renumbered by #8256 (from Env-A 101.92), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.60 "Designated representative"
means any of the following:
(a) "Responsible official" as defined
in this part;
(b) "Designated representative" as
defined in section 402(26) of the Act, namely "a responsible person or
official authorized by the owner or operator of a unit to represent the owner
or operator in matters pertaining to the holding, transfer, or disposition of
allowances allocated to a unit, and the submission of and compliance with
permits, permit applications, and compliance plans for the unit"; or
(c) In matters pertaining to the requirements of
title IV Acid Deposition Control, a person who is authorized by the owner or
operator of an acid rain affected source, or all acid rain affected units at
such an affected source, as those terms are defined by federal law, as
evidenced by a certificate of representation, to represent or legally bind the
owner or operator in matters of federal law, including but not limited to the
following:
(1) The holding, transfer or disposition of
allowances allocated to an acid rain affected unit; and
(2) The submission of, or compliance with
permits, permit applications, compliance plans, emission monitoring plans,
continuous emissions monitor (CEM) and continuous opacity monitor (COM)
certification notifications, CEM and COM certification and applications,
quarterly monitoring and emission reports, and annual compliance
certifications.
Source. #6057-A,
eff 6-30-95; ss and renumbered by #8256, eff 1-14-05 (from Env-A 101.93),
see Revision Note at chapter heading; renumbered by #8304, see Revision Note at
chapter heading
Env-A
101.61 "Developmental effect"
means an adverse effect on a developing organism which results or can result
from exposure to either parent prior to conception, exposure to the organism
during prenatal development, or exposure to the organism at any time during
postnatal development to the time of sexual maturation. Such effects can be detected at any point in
the life span of the organism.
Manifestations of such effects can include death of the developing
organism, structural abnormality, altered growth, or functional deficiency.
Source. #6328, INTERIM, eff 8-24-96, EXPIRED:
12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.94), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.62 "Device" means either
of the following depending on the purpose for its use:
(a) For purposes of RSA 125-C, "device"
means "device which contributes to air pollution" as defined in RSA
125-C:2,VI, namely "any burner, furnace, machine, equipment or article,
which in the opinion of the director of the division of air resources
contributes or may contribute to the pollution of the air"; or
(b)
For purposes of RSA 125-I, "device" means "device"
as defined in RSA 125-I:2,IX, namely "any burner, furnace, machine,
equipment, or article which emits a regulated toxic air pollutant or air
contaminant into the ambient air."
Source. #1717, eff 2-19-81; amd by #1829, eff
10-12-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff
12-27-90; ss and moved by #6057-A, eff
6-30-95 (from Env-A 101.26); ss
by #6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.95), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.63 "Diesel engine" means any engine using
diesel oil as a fuel and having compression ignition.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.27);
renumbered by #8256 (from Env-A 101.96), see Revision Note at chapter heading;
renumbered by #8304, see Revision Note at chapter heading
Env-A
101.64 "Director" means the
director of the state
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A
101.28); renumbered by #8256 (from Env-A 101.99), see Revision Note at chapter
heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.65 "Division" means the air resources
division of the state of
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.30)
New. #5033, eff 12-27-90; ss and moved by #6057-A, eff
6-30-95 (from Env-A 101.29); renumbered by #8256
(from Env-A 101.100), see Revision Note at chapter heading; renumbered by
#8304, see Revision Note at chapter heading
Env-A
101.66 "Draft permit" means
the version of a title V operating permit available for purposes of public
notice and affected state review.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.101), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.661 “Emergency generator” means a stationary
internal combustion engine or stationary combustion turbine which operates as a
mechanical or electrical power source only when the primary power source for a
facility is not available during an emergency such as a power outage, or during
the normal maintenance and testing procedure as recommended by the
manufacturer. The term does not
include a load-shaving unit or peaking power production unit, but does include
the operation of the emergency generator during periods in which ISO New
England, or any successor Regional Transmission Organization, directs the
implementation of operating procedures for voltage reductions of 5% of normal
operating voltage requiring more than 10 minutes to implement, voluntary load
curtailments by customers, or automatic or manual load-shedding, within New
Hampshire or within the entire New England region, in response to, or to
prevent the occurrence of, unusually low frequency, equipment overload,
capacity or energy deficiency, unacceptable voltage levels, or other such
emergency conditions.
Source. #9119-A,
eff 4-3-08
Env-A
101.67 "Emergency motor
vehicle" means any motor vehicle used by personnel of a fire, police, ambulance,
or other emergency response unit, or public utility emergency response unit, in
the performance or maintenance of their duties to protect public health, safety
and welfare. This term includes the
following types of motor vehicles:
(a) Those under government control for the
removal of snow;
(b) Those used for towing or servicing of other
emergency motor vehicles; and
(c) Those used to respond to threats to public
health, safety and welfare.
Source. #6343-A,
eff 9-28-96; renumbered by #8256 (from Env-A 101.104), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.68 "Emission" means a
release of an air pollutant into the ambient air. As used in this definition, "air
pollutants" are "air contaminants", and "ambient air"
is "outdoor atmosphere", as those terms are used in the definition of
"emission" pursuant to RSA 125-C:2, VIII.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.33)
New. #5033, eff 12-27-90 (from Env-A 101.30); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.31); renumbered by #8256 (from Env-A 101.105), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.69 "Emissions allowable under the
permit" means "emissions allowable under the permit" as defined
in 40 CFR 70.2 as
in effect on July 1, 1993, namely "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."
Source. #6057-A,
eff 6-30-95; ss and renumbered by #8256, eff 1-14-05 (from Env-A 101.106),
see Revision Note at chapter heading; renumbered by #8304, see Revision Note at
chapter heading
Env-A
101.70 "Emission inventory"
means the source, process and process equipment inventory and emission reports
required to be submitted annually to the department for all sources of an air
contaminant and, the source, process and emission data for stationary, area,
and mobile sources upon which the department evaluates air quality and prepares
and periodically updates the state implementation plan.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.107), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.71 "Emission limitation"
means "emission limitation" as defined in section 302(k) of the Act,
namely "a requirement established by the State or the Administrator which
limits the quantity, rate, or concentration of emissions of air pollutants on a
continuous basis, including any requirement relating to the operation or
maintenance of a source to assure continuous emission reduction and any design,
equipment work practice or operational standard promulgated under this
Act." This term includes
"emission standard".
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.108), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.72 "Emissions unit" means
"emissions unit" as defined in 40 CFR 70.2, namely "any part or
activity of a stationary source that emits or has the potential to emit any
regulated air pollutant or any pollutant listed under section 112(b) of the
Act. This term is not meant to alter or
affect the definition of the term "unit" for purposes of title IV of
the Act."
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.110), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.73 "EPA" means the United
States Environmental Protection Agency.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.34)
New. #5033, eff 12-27-90; ss and moved by #6057-A, eff
6-30-95 (from Env-A 101.32); renumbered by #8256 (from Env-A 101.113), see
Revision Note at chapter heading; renumbered by #8304, see Revision Note at
chapter heading
Env-A 101.74 "Excess emissions" means an air
emission rate which exceeds any applicable emission limitation.
Source. #6983-A,
eff 4-23-99; renumbered by #8256 (from Env-A 101.115)
Env-A 101.75 "Existing source" means any
stationary source other than a new Source.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.118), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.76 "Facility" means, for
the purpose of RSA 125-I and RSA 125-C, a stationary Source.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90 (see Env-A 101.37)
New. #5033, eff 12-27-90 (from Env-A 101.35); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.36); ss by #6482-A, eff 4-1-97; ss and renumbered
by #8256, eff 1-14-05 (from Env-A
101.120), see Revision Note at chapter heading; renumbered by #8304, see
Revision Note at chapter heading
Env-A
101.77 "Federal implementation
plan" means "federal implementation plan" as defined in section
302(y) of the Act, namely "a plan (or portion thereof) promulgated by the Administrator
to fill all or a portion of a gap or otherwise correct all or a portion of an
inadequacy in a State implementation plan, and which includes enforceable
emission limitations or other control measures, means or techniques (including
economic incentives, such as marketable permits or auctions of emissions
allowances), and provides for attainment of the relevant national ambient air
quality standard."
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.122), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.78 "Federally enforceable"
means all limitations and conditions which are enforceable by the
administrator, including those requirements developed pursuant to 40 CFR Parts
60 and 61, requirements within the state implementation plan, permit
requirements established pursuant to 40 CFR 52.21 or under regulations approved
pursuant to 40 CFR 51, Subpart I including operating permits issued under an
EPA approved program that is incorporated into the SIP and expressly requires
adherence to any permit issued under such program.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.123), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.79 "Ferrous foundry" means source used
for melting or refining ferrous metals such as iron, which is constructed of
numerous parts, including but not limited to, furnaces, checkers, flues,
stacks, tuyeres, fans, blowers, tapping spouts, charging equipment, gas
cleaning devices, and other auxiliaries.
The term includes all types of foundry furnaces, including cupola,
rotary, reverberatory, electric, air, open hearth, and crucible.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.38)
New. #5033, eff 12-27-90 (from Env-A 101.36); ss
and moved by #6057-A, eff 6-30-95
(from Env-A 101.37); renumbered by #8256 (from Env-A 101.124), see Revision
Note at chapter heading; renumbered by #8304, see Revision Note at chapter
heading
Env-A
101.80 "Final action" means
the issuance or denial of the proposed permit by the director.
Source. #6057-A,
eff 6-30-96; renumbered by #8256 (from Env-A 101.125), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.81 "Final permit" means:
(a) For the purposes of these rules, "final
permit" as defined in 40 CFR 70.2, namely "the version of a part 70
permit issued by the permitting authority that has completed all review procedures
required by sections 70.7 and 70.8 of this part"; and
(b) For the purposes of RSA 125-C:11,III, this
term means a "state permit to operate".
Source. #6057-A,
eff 6-30-96; renumbered by #8256 (from Env-A 101.126), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.82 "Flue gas" means the
products of combustion that leaves a combustion device by way of a flue or stack.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90 (see Env-A 101.39)
New. #5033, eff 12-27-90 (from Env-A 101.37); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.38); renumbered by #8256 (from Env-A 101.127), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.83 "Foundry" means the equipment used
for the processing of metals. The term
"processing" as used in this definition includes handling and
preparing raw materials, producing metal molds and cores, and melting, casting
and finishing metals.
Source. #6428-A,
eff 1-18-97; renumbered by #8256 (from Env-A 101.129), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.84 "Fuel" means any form
of combustible matter such as solid, liquid, vaporous, or gaseous matter.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.41)
New. #5033, eff 12-27-90 (from Env-A 101.39); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.40); renumbered by #8256 (from Env-A 101.131), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.85 "Fuel burning device"
means any device engineered to burn fuel for the primary purpose of producing
heat or power.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.42)
New. #5033, eff 12-27-90 (from Env-A 101.40); ss
and moved by #6057-A, eff 6-30-95
(from Env-A 101.41); renumbered by #8256 (from Env-A 101.132), see Revision
Note at chapter heading; renumbered by #8304, see Revision Note at chapter
heading
Env-A
101.86 "Fuel supplier" means any
person selling fuel to an owner or operator of a source in
Source. #6519-A,
eff 5-29-97; renumbered by #8256 (from Env-A 101.133)
Env-A 101.87 "Fugitive dust" means particulate
matter which is uncontaminated by pollutants resulting from industrial activity
including but not limited to emissions from haul roads, wind erosion of exposed
surfaces and storage piles, and other removal, storage, transportation, or
redistribution activities.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.43)
New. #5033, eff 12-27-90 (from Env-A 101.41); ss
and moved by #6057-A, eff 6-30-95
(from Env-A 101.42); ss by #7839, eff
3-1-03; renumbered by #8256 (from Env-A 101.134), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.88 "Fugitive emissions"
mean "fugitive emissions" as defined in 40 CFR 70.2, namely
"emissions which could not reasonably pass through a stack, chimney, vent,
or other functionally-equivalent opening."
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90 (see Env-A 101.44)
New. #5033, eff 12-27-90 (from Env-A 101.42); ss
and moved by #6057-A, eff 6-30-95
(from Env-A 101.43); renumbered by #8256 (from Env-A 101.135), see Revision
Note at chapter heading; renumbered by #8304, see Revision Note at chapter
heading
Env-A
101.89 "Fumes" mean very small
particles resulting from chemical reactions or from the condensation of vapors
produced in combustion, distillation or sublimation. The particles often are metals or metallic
oxides. Their compositions may be
different from those of the parent materials from which they originate.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.45)
New. #5033, eff 12-27-90 (from Env-A 101.43); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.44); renumbered by #8256 (from Env-A 101.136), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.90 "Gases" mean formless
fluids, which under standard conditions, occupy the space of an enclosure and
which can be changed to a liquid or solid state only by the increase or
decrease of pressure or temperature.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.46)
New. #5033, eff 12-27-90 (from Env-A 101.44); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.45); renumbered by #8256 (from Env-A 101.137), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.91 "General permit" means a
"general permit" as defined in 40 CFR 70.2, namely "a part 70 [title
V operating] permit that meets the requirements of 70.6(d)."
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.138), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.92 “General state permit” means a permit that
the owner or operator of a source can choose to operate under in lieu of a
state permit to operate
Source. #6782-A,
eff 6-30-98; renumbered by #8256 (from Env-A 101.139), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.93 "Good boiler operating
practice" means the operation of a boiler to maximize efficiency and
safety of the unit. Good boiler
operating practice includes but is not limited to the following activities:
(a) Operation of the boiler in an efficient
manner consistent with the procedures set forth in Chapter 3, titled "The
ASME/ANSI Boiler Test Code, The Basis of Measuring Efficiency" and Chapter
5, titled "Boiler Tuneup" in Combustion Efficiency Tables;
Taplin, Harry R.; Fairmont Press, 1991;
(b) Operation of the boiler in such a manner as
to maximize safety of all personnel;
(c) Operation of the boiler in such a manner so
as to minimize, as much as possible, total pollutant emissions;
(d) Operation of the boiler such that there is no
danger to public health; and
(e)
The adherence to operation and maintenance procedures which enhance,
promote or maintain the good physical condition of the boiler and associated
equipment.
Source. #6505-A,
eff 5-1-97; renumbered by #8256 (from Env-A 101.142), see Revision Note at chapter
heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.94 "Grate cleaning" means
the process of performing on-line mechanical cleaning of a grate section of a
boiler for the purpose of removing boiler ash and slag deposits.
Source. #6505-A,
eff 5-1-97; renumbered by #8256 (from Env-A 101.143), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.95 "Hazardous air
pollutant" means any air pollutant as listed in section 112(b) of the Act.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.144), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.96 "Heat release" means the amount of
heat liberated by the complete combustion of a given unit of specific material
from the inside volume of the furnace in which the combustion takes place, and
expressed as calories per second per cubic meter or BTUs per hour per cubic
foot.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.48)
New. #5033, eff 12-27-90 (from Env-A 101.46); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.47); renumbered by #8256 (from Env-A 101.145), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.97 "Heating values" mean
the calories or BTUs released by the combustion of a given unit of specific
fuel or waste.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (from Env-A
101.49)
New. #5033, eff 12-27-90 (from Env-A 101.47); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.48); renumbered by #8256 (from Env-A 101.146), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.98 "High ozone season" means the
period from June 1 through August 31 of any given calendar year.
Source. #6983-A,
eff 4-23-99; renumbered by #8256 (from Env-A 101.148), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.99 "Hot mix asphalt plant"
means any facility, including all equipment, used for the manufacture of
asphalt by heating and drying aggregate and asphalt concrete. The term "equipment" as used in
this definition, includes burners, dryers, elevators, conveyors, screens,
mixers, weighing equipment, bins, and air pollution control equipment.
Source. #6428-A,
eff 1-18-97; renumbered by #8256 (from Env-A 101.149), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.100 HVAC systems" means
heating, ventilation and air conditioning system(s).
Source. #6482-A,
eff 4-1-97; renumbered by #8256 (from Env-A 101.150), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.101 "Hydrocarbons" mean compounds whose
molecules consist of atoms of carbon and hydrogen and which exist in the
ambient air in gaseous state at standard conditions.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.50)
New. #5033, eff 12-27-90 (from Env-A 101.48); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.49); renumbered by #8256 (from Env-A 101.151), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.102 "Incinerator" means a device
engineered to burn or oxidize solid, semi-solid, liquid, or gaseous waste for
the primary purpose of volume reduction, disposal, or chemical destruction,
leaving little or no combustible material.
Such devices include, but are not limited to, heat recovery systems.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.51)
New. #5033, eff 12-27-90 (from Env-A 101.49); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.50); renumbered by #8256 (from Env-A 101.152), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.103 "Interactive source" means
any stationary source, area source, or device which is:
(a) Located beyond the property boundaries of a
source or device which is required to perform an air pollution dispersion
modeling analysis; and
(b) Emits any of the same air pollutants, except
for hazardous air pollutants or toxic air pollutants, as the source or device
required to perform such analysis.
Source. #6342-A,
eff 9-28-96; renumbered by #8256 (from Env-A 101.154), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.104 "Investment casting operation"
means a ceramic or metal casting process which is used to make reproductions of
sculptured pieces and adapted for the manufacture of precision metal parts
using the "lost wax process".
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.53)
New. #5033, eff 12-27-90 (from Env-A 101.51); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.52); ss by #6428-A, eff 1-18-97;
renumbered by #8256 (from Env-A 101.155), see Revision Note at chapter heading;
renumbered by #8304, see Revision Note at chapter heading
Env-A 101.105 "Issue" means to make a final
conclusion or to bring about an outcome of something arrived at or to be given
after approval of a requirement.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.156), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.106 "Kraft mill" means any pulping
process which uses as a cooking liquor, an alkaline sulfide solution containing
sodium hydroxide and sodium sulfide.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.54)
New. #5033, eff 12-27-90 (from Env-A 101.52); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.53); renumbered by #8256 (from Env-A 101.157), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.107 "Lead (Pb)" means a
bluish-gray metallic chemical element.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.55)
New. #5033, eff 12-27-90 (from Env-A 101.53); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.54); renumbered by #8256 (from Env-A 101.159), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.108 "Lethal concentration fifty
(LC50)" means a calculated concentration of an air pollutant which
designates the level at which inhalation of such pollutant for a specified time
is expected to cause the death of 50% of an entire experimental animal
population.
Source. #6328, INTERIM, eff 8-24-96, EXPIRED:
12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.160), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.109 "Lethal dose fifty
(LD50)" means a calculated oral or dermal dose of an air pollutant which
is expected to cause the death of 50% of an entire experimental animal
population.
Source. #6328, INTERIM, eff 8-24-96, EXPIRED:
12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.161), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.110 "Lime kiln" means a
unit used to calcine lime mud, which is the process of heating calcium carbonate
in the lime mud to a high temperature, without fusing, in order to drive off
the carbon dioxide and to produce calcium oxide.
Source. #6724-A,
eff 3-28-98; renumbered by #8256 (from Env-A 101.162), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.111 "Lowest Achievable Emission
Rate (LAER)" means "lowest achievable emission rate" as defined
in section 171 of the Act, namely "for any source, that rate of emissions
which reflects:
(a) The most stringent emission limitation which
is contained in the implementation plan of any State for such class or category
of source, unless the owner or operator of the proposed source demonstrates
that such limitations are not achievable; or
(b)
The most stringent emission limitation which is achieved in practice by
such class or category of source, whichever is more stringent."
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.56)
New. #5033, eff 12-27-90 (from Env-A 101.54); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.55); renumbered by #8256 (from Env-A 101.163), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.112 "Major fuel company"
means all oil and coal companies that supply 10% or more of the annual fuel
offered for use or sale within the state of
Source. #6519-A,
eff 5-29-97; renumbered by #8256 (from Env-A 101.167), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.113 "Major source" means:
(a)
"Affected source" means
"acid rain affected source" as defined in this part;
(b) "Major source" as defined by 40 CFR
70.2, namely "any stationary source (or group of stationary sources which
are located on one or more contiguous or adjacent properties, and are under the
common control of the same person (or persons under common control) belonging
to a single major industrial grouping and that are described in paragraph (1),
(2), or (3) of this definition. For the
purposes of defining "major source," a stationary source or group of
stationary sources shall be considered part of a single industrial grouping if
all of the pollutant emitting activities at such source or group of sources on
contiguous or adjacent properties belong to the same Major Group (i.e., all
have the same two-digit code) as described in the Standard Industrial
Classification Manual, 1987.
(1) A major source
under section 112 of the Act, which is defined as:
a. For pollutants
other than radionuclides, any stationary source or group of stationary sources
located within a contiguous area and under common control that emits or has the
potential to emit, in the aggregate, 10 tons per year (tpy) or more of any
hazardous air pollutant which has been listed pursuant to section 112(b) of the
Act, 25 tpy or more of any combination of such hazardous air pollutants, or
such lesser quantity as the Administrator may establish by rule. Notwithstanding the preceding sentence,
emissions from any oil or gas exploration or production well (with its associated
equipment) and emissions from any pipeline compressor or pump station shall not
be aggregated with emissions from other similar units, whether or not such
units are in a contiguous area or under common control to determine whether
such units or stations are major sources; or
b. For
radionuclides, "major source" shall have the meaning specified by the
Administrator by rule.
(2) A major
stationary source of air pollutants, as defined in section 302 of the Act, that
directly emits or has the potential to emit, 100 tpy or more of any air
pollutant (including any major source of fugitive emissions of any such
pollutant, as determined by rule by the Administrator). The fugitive emissions of a stationary source
shall not be considered in determining whether it is a major stationary source
for the purposes of section 302(j) of the Act, unless the source belongs to one
of the following categories of stationary source:
a. Coal cleaning
plants (with thermal dryers);
b. Kraft pulp
mills;
c. Portland cement
plants;
d. Primary zinc
smelters;
e. Iron and steel
mills;
f. Primary
aluminum ore reduction plants;
g. Primary copper
smelters;
h. Municipal incinerators
capable of charging more than 250 tons of refuse per day;
i. Hydrofluoric,
sulfuric, or nitric acid plants;
j. Petroleum
refineries;
k. Lime plants;
l. Phosphate rock
processing plants;
m. Coke oven
batteries;
n. Sulfur recovery
plants;
o. Carbon black
plants (furnace process);
p. Primary lead
smelters;
q. Fuel conversion
plants;
r. Sintering
plants;
s. Secondary metal
production;
t. Chemical
process plants;
u. Fossil-fuel
boilers (or combination thereof) totaling more than 250 million British thermal
units per hour heat input;
v. Petroleum
storage and transfer units with a total storage capacity exceeding 300,000
barrels;
w. Taconite ore
processing plants;
x. Glass fiber
processing plants;
y. Charcoal
production plants;
z.
Fossil-fuel-fired steam electric plants of more than 250 million British
thermal units per hour heat input; or
aa. Any other
stationary source category, which as of August 7, 1980
is being regulated under section 111
or 112 of the Act;
(3) A major
stationary source as defined in part D of title I of the Act, including:
a. For ozone
nonattainment areas, sources with the potential to emit 100 tpy or more
volatile organic compounds or oxides of nitrogen in areas classified as
"marginal" or "moderate", 50 tpy or more in areas
classified as "serious", and 25 tpy or more in areas classified as
"severe", and 10 tpy or more in areas classified as
"extreme"; except that the references in this paragraph to 100, 50,
25 and 10 tpy of nitrogen oxides shall not apply with respect to any source for
which the Administrator has made a finding, under section 182(f)(1) or (2) of
the Act, that requirements under section 182(f) of the Act do not apply;
b. For ozone
transport regions established pursuant to section 184 of the Act, sources with
the potential to emit 50 tpy or more of volatile organic compounds;
c. For carbon
monoxide nonattainment areas:
1. That are
classified as "serious," and
2. in which
stationary sources contribute significantly to carbon monoxide levels as
determined under rules issued by the Administrator, sources with the potential
to emit 50 tpy or more of carbon monoxide; and
d. For particulate
matter (PM-10) nonattainment areas classified as "serious," sources
with the potential to emit 70 tpy or more of PM-10."
(c) For purposes of the (b)(3), above, the
following statement paraphrases the requirements of (b), above:
(1) Any source with the potential to emit
nitrogen oxides in the following counties and specific quantities:
a. In Belknap, Carroll,
b. In Hillsborough,
(2) Any source with the potential to emit
volatile organic compounds in the quantity of 50 tpy or more.
Source. #6057-A,
eff 6-30-95; amd by #7845, eff 3-8-03; renumbered by #8256 (from Env-A
101.168), see Revision Note at chapter heading; renumbered by #8304, see
Revision Note at chapter heading
Env-A
101.114 "Malfunction" means
"malfunction" as defined in 40 CFR 60.2, dated July 1, 1995, namely
"any sudden, infrequent, and not reasonably preventable failure of air
pollution control equipment, process equipment, or a process to operate in a
normal or usual manner. Failures that
are caused in part by poor maintenance or careless operation are not
malfunctions."
Source. #6428-A,
eff 1-18-97; renumbered by #8256 (from Env-A 101.169), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.115 "Manufactured gas"
means a mixture of gaseous hydrocarbons that may include propane, propylene,
butane, butylene, and isobutane, mixed in any proportion or with air, that is
produced by the separation of hydrocarbons of greater density from natural gas
or oil-refinery gas.
Source. #6519-A,
eff 5-29-97; renumbered by #8256 (from Env-A 101.170), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.116 "Maximum Achievable Control
Technology (MACT)" means the technology required by amended section 112 of
the Act for major sources of listed hazardous air pollutants, reflecting the
maximum degree of emissions reductions achievable, taking into account
availability, cost and other factors.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.171), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.117 "Minor permit
amendment" means a change to a permit condition in a temporary permit or a
state permit to operate issued to a source or device which does not:
(a) Result in an increase in the amount of a
specific air pollutant emitted by the source or device;
(b) Result in the emission of any additional air
pollutant; or
(c) Necessitate the use of permit notice and
hearing procedures.
Source. #6057-A,
eff 6-30-95; ss by #7885, eff 5-3-03; renumbered by #8256 (from Env-A 101.174),
see Revision Note at chapter heading; renumbered by #8304, see Revision Note at
chapter heading
Env-A 101.118 "Minor permit modification" means a revision to a title V operating permit which:
(a) Does not violate any applicable
requirement;
(b)
Does not involve significant changes to existing monitoring,
reporting, or recordkeeping requirements in the permit;
(c) Does not require or change a case-by-case
determination of an emission limitation or other standard, or a source-specific
determination for temporary sources of ambient impacts, or a visibility or
increment analysis;
(d) Does not seek to establish or change a permit
term or condition for which there is no corresponding underlying applicable
requirement and that the source has assumed to avoid an applicable requirement
to which the source would otherwise be subject.
Such terms and conditions include:
(1) A federally
enforceable emissions cap assumed to avoid classification as a modification
under any provision of title I; and
(2) An alternative
emissions limit approved pursuant to regulations promulgated under section
112(i)(5) of the Act;
(e) Is not a modification under any provision of
title I of the Act; and
(f) Is not required by the State program to be
processed as a significant modification.
Source. #6057-A,
eff 6-30-95; ss by #7885, eff 5-3-03;
renumbered by #8256 (from Env-A 101.175), see Revision Note at chapter heading;
renumbered by #8304, see Revision Note at chapter heading
Env-A
101.119 "Mobile source" means
any source involving motor vehicular activity.
Source. #1717, eff 2-19-81; ss by #1734, eff 3-25-81;
ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90
(see Env-A 101.55); ss and moved by #6057-A,
eff 6-30-95 (from Env-A 101.56); renumbered by #8256 (from Env-A 101.176),
see Revision Note at chapter heading; renumbered by #8304, see Revision Note at
chapter heading
Env-A
101.120 "Modification" means either of the following depending on the
purpose for its use:
(a) For purposes of RSA 125-C,
"modification" means any physical or operational change in a
stationary source or device which increases the amount of a specific air
pollutant emitted by such source or device, or which results in the emission of
any additional air pollutant, but does not include:
(1) Routine maintenance, repair, and replacement;
(2) Use of an alternative fuel or raw material by
a stationary source which the source was capable of using before February 1,
l973 unless prohibited by an enforceable permit condition;
(3) Use of an alternative fuel derived from
municipal solid waste in a steam generating unit; or
(4) An increase in the hours of operation or in
the production rate unless prohibited by an enforceable permit condition; or
(b)
For purposes of RSA 125-I, "modification" means
"modification" as defined in RSA 125-I:2,X, namely "any physical
or operational change in a stationary source or device which increases the
amount of a specific regulated toxic air pollutant emitted by such source or
device, or which results in the emission of any additional regulated toxic air
pollutant."
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.58)
New. #5033, eff 12-27-90 (from Env-A 101.56); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.57); ss by #6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.177), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.121 "Motor vehicle" means an on-road
vehicle powered by an internal combustion engine. This term includes motorcycles and emergency
motor vehicles. For purposes of this
definition, "on-road vehicle" means any vehicle which is authorized
to operate on public roads.
Source. #1717, eff 2-19-81; rpld by #1923, eff
1-18-82; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff
12-27-90
New. #5033, eff 12-27-90 (from Env-A 101.57); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.58); ss by #6343-A, eff 9-28-96; renumbered by
#8256 (from Env-A 101.178), see Revision Note at chapter heading; renumbered by
#8304, see Revision Note at chapter heading
Env-A
101.122 "Mutagenic" means the
ability of a chemical to cause a change in the genetic material in the nucleus
of a cell in a way that can be transmitted during cell division.
Source. #6328, INTERIM, eff 8-24-96, EXPIRED:
12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.182), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.123 "National Ambient Air
Quality Standards (NAAQS)" mean the maximum air pollutant levels set by EPA,
which if attained, allow an adequate margin of safety to protect human health.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.183), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.124 "New source" means
"new source" as defined by the following:
(a) For purposes of New Source Performance
Standards, section 111(a)(2) of the Act, namely "any stationary source,
the construction or modification of which is commenced after the publication of
regulations (or, if earlier, proposed regulations) prescribing a standard of
performance under this section which will be applicable to such source";
or
(b) For purposes of Hazardous Air Pollutants, section
112 of the Act, namely "a stationary source the construction or
reconstruction of which is commenced after the Administrator first proposes
regulations under this section establishing an emission standard applicable to
such Source."
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.185), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.125 "New Source Performance
Standards (NSPS)" means source specific standards set by the EPA for new
sources or modified sources pursuant to section 111(a)(2) of the Act.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.186), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.126 "New Source Review
(NSR)" means a program for reviewing major sources and modifications prior
to construction in nonattainment or PSD areas.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.187), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.127 "Nitrogen Oxide (NOx)"
means a gaseous mixture of which the most significant components are nitric
oxide (NO), a colorless, poisonous gas obtained by oxidation of nitrogen or
ammonia, and nitrogen dioxide (NO2), a brownish to yellowish, poisonous gas.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A
101.60); renumbered by #8256 (from Env-A 101.189), see Revision Note at chapter
heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.128 "Non-attainment area"
means an area which has been shown by monitored data or calculated by air
quality modeling to exceed a
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.61);
renumbered by #8256 (from Env-A 101.190), see Revision Note at chapter heading;
renumbered by #8304, see Revision Note at chapter heading
Env-A
101.129 "Non-conforming fuel"
means any fuel that has a pollutant content which exceeds the applicable
pollutant content limit for that particular fuel.
Source. #6519-A,
eff 5-29-97; renumbered by #8256 (from Env-A 101.191), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.130 "Non-ferrous foundry" means any
facility used for melting or alloying non-ferrous metals such as brass, bronze
or zinc, which is constructed of numerous parts, including but not limited to,
furnaces, checkers, flues, stacks, tuyeres, fans, blowers, tapping spouts,
charging equipment, gas cleaning devices, and other auxiliaries. The term includes all types of foundry
furnaces, including as rotary, reverberatory, induction, crucible, and kettle.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A
101.62); renumbered by #8256 (from Env-A 101.192), see Revision Note at chapter
heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.131 "Nuisance" means
anything which annoys or disturbs the free use of property, or which renders
its ordinary use or physical occupation uncomfortable.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A
101.63); renumbered by #8256 (from Env-A 101.193), see Revision Note at chapter
heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.132 “Occupational exposure limit
(OEL)” means the time-weighted average concentration of an airborne substance
to which most workers can be exposed during a conventional workday and
workweek, throughout a working lifetime, with no anticipated adverse health
impact.
Source. #6739-A,
eff 5-8-98; renumbered by #8256 (from Env-A 101.194), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.133 "Off-permit change"
means a change that is not addressed or prohibited by a title V operating
permit.
Source. #6057-A,
eff 6-30-95; ss and renumbered by #8256, eff 1-14-05 (from Env-A 101.195),
see Revision Note at chapter heading; renumbered by #8304, see Revision Note at
chapter heading
Env-A
101.134 "Opacity" means the
degree to which emissions reduce the transmission of light and obscure the view
of an object in the background.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A
101.64); renumbered by #8256 (from Env-A 101.198), see Revision Note at chapter
heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.135 "Owner or operator"
means "owner or operator" as defined in 40 CFR 51, namely "any
person who owns, leases, operates, controls, or supervises a facility,
building, structure, or installation which directly or indirectly result or may
result in emissions of any air pollutant for which a national standard is in
effect."
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A
101.66); renumbered by #8256 (from Env-A 101.200), see Revision Note at chapter
heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.136 "Ozone (03)" means the most
prevalent compound of those called photochemical oxidants and which result from
a complex series of atmospheric reactions initiated by sunlight. When reactive organic substances and nitrogen
oxides accumulate in the atmosphere and are exposed to the ultraviolet
component of sunlight, the formation of ozone and other photochemical oxidants
occurs.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A
101.67); renumbered by #8256 (from Env-A 101.201), see Revision Note at chapter
heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.137 "Particulate matter"
means any material, except uncombined water, which is or has been suspended in
air or other gases and which exists in a finely divided form as a liquid or
solid at standard conditions.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A
101.68); renumbered by #8256 (from Env-A 101.203), see Revision Note at chapter
heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.138 "Permit deviation"
means any occurrence that results in an excursion from any emission limitation,
operating condition, or work practice standard as specified in either a title V
permit, state permit to operate or temporary permit issued by the division.
Source. #6983-A,
eff 4-23-99; renumbered by #8256 (from Env-A 101.204), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.139 "Permitting authority"
means the state of
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.205), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.140 "Person" means "person"
as defined in RSA 125-C:2,X, namely "any individual, partnership, firm or co-partnership,
association, company, trust, corporation, department, bureau, agency, private
or municipal corporation, or any political subdivision of the state, the United
States, or political subdivisions or agencies thereof, or any other entity
recognized by law as subject to rights and duties."
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A
101.69); renumbered by #8256 (from Env-A 101.206), see Revision Note at chapter
heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.141 "Plant" means a
stationary Source.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A
101.70); renumbered by #8256 (from Env-A 101.207), see Revision Note at chapter
heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.142 "PM10" means
"PM10" as defined in 40 CFR 51.100(qq), namely "particulate
matter with an aerodynamic diameter less than or equal to a nominal 10
micrometers as measured by a reference method based on Appendix J of part 50 of
this chapter [40] or by an equivalent method designated in accordance with part
53 of this chapter."
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.208), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.143 "Pollution control
equipment" means "pollution control equipment" as defined in RSA
125-I:2,XI, namely "any device that treats, removes, restricts, or
otherwise controls the release or discharge of regulated toxic air pollutants
that is not vital to normal production operations."
Source. #6328, INTERIM, eff 8-24-96, EXPIRED:
12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.209), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.144 "Portland cement
plant" means any source manufacturing a type of hydraulic cement in the
form of a finely divided gray powder composed of lime, alumina, silica, and
iron oxide.
Source. #6428-A,
eff 1-18-97; renumbered by #8256 (from Env-A 101.210), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.145 "Potential to emit"
means "potential to emit" as defined in 40 CFR 70.2, namely "the
maximum capacity of a stationary source to emit any pollutant under its
physical and operational design. Any
physical or operational limitation on the capacity of the 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."
Source. #1717, eff 2-19-81; amd by #1863, eff
11-16-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff
12-27-90; ss and moved by #6057-A, eff
6-30-95 (from Env-A 101.71); renumbered by #8256 (from Env-A 101.211), see
Revision Note at chapter heading; renumbered by #8304, see Revision Note at
chapter heading
Env-A 101.146 "Prevention" means to meet or
satisfy in advance.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A
101.72); renumbered by #8256 (from Env-A 101.212), see Revision Note at chapter
heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.147 "Prevention of Significant
Deterioration (PSD)" means the program under title I which limits
emissions increases in areas where NAAQS are already met.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.213), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.148 "Process" means either
of the following depending on the purpose for its use:
(a) For purposes of RSA 125-C,
"process" means any operation which combines devices, equipment, raw
materials, utilities, and manpower for the production of goods, services,
energy, pollution control or other purposes; or
(b) For purposes of RSA 125-I,
"process" means "process" as defined in RSA 125-I:2, XII,
namely "any operation which combines devices, equipment, raw materials,
utilities, and manpower for the production of goods, services, energy,
pollution control or other purposes which emits a regulated toxic air pollutant
into the ambient air."
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A
101.73); ss by #6328, INTERIM, eff
8-24-96, EXPIRED: 12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.214), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.149 "Process weight" means the total
weight of all materials, including solid fuel charged, less the weights of
uncombined water introduced into any source operation.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
amd by #2459, eff 8-31-83; ss by #2938, eff 12-27-84; ss by #5033, eff
12-27-90; ss and moved by #6057-A, eff
6-30-95 (from Env-A 101.74);
renumbered by #8256 (from Env-A 101.216), see Revision Note at chapter heading;
renumbered by #8304, see Revision Note at chapter heading
Env-A
101.150 "Process weight rate"
means the smallest value obtained by computing either of the following:
(a) For a continuous or long-run, steady-state
source operation, the total process weight for the entire period of continuous operation
or for a typical portion thereof, divided by the number of hours of such period
or part thereof; or
(b) For a cyclical or batch source operation, the
total process weight for a period that covers a complete operation or any
integral number of cycles, divided by the hours of actual process operation
during such a period.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A
101.75); renumbered by #8256 (from Env-A 101.217), see Revision Note at chapter
heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.151 "Proposed permit"
means the version of a title V operating permit that the division proposes to
issue and submits to EPA for its review.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.218), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.152 "Pulp and paper industry" means the
segment of industry which manufactures pulp, including kraft and sulfite pulps,
and paper, including fine papers, coarse papers, and specialty papers.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A
101.76); renumbered by #8256 (from Env-A 101.219), see Revision Note at chapter
heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.153 "Reasonable" means fair, proper,
just, moderate, suitable under the circumstances.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A
101.78); renumbered by #8256 (from Env-A 101.220), see Revision Note at chapter
heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.154 "Reasonable further
progress" means "reasonable further progress" as defined in
section 171 of the Act, namely "such annual incremental reductions in
emissions of the relevant air pollutant as are required by this part or may
reasonably be required by the Administrator for the purpose of ensuring
attainment of the applicable national ambient air quality standard by the
applicable date."
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A
101.79); renumbered by #8256 (from Env-A 101.221), see Revision Note at chapter
heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.155 "Reasonably Available
Control Technology (RACT)" means "reasonably available control
technology" as defined in 40 CFR 51(o), namely "devices, systems
process modifications, or other apparatus or techniques that are reasonably available
taking into account (1) the necessity of imposing such controls in order to
attain and maintain a national ambient air quality standard, (2) the social,
environmental and economic impact of such controls, and (3) alternative means
of providing for attainment and maintenance of such standard, (This provision
defines §§ 51.110(c)(2) and 51.341(b) only.)."
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.81)
New. #5033, eff 12-27-90 (from Env-A 101.791,
originally #4703, eff 11-16-89); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.80); renumbered by #8256 (from Env-A 101.222), see Revision Note at chapter
heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.156 "Records" means
documents of organized and orderly information kept for the purpose of creating
a permanent history of an action, result or event.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A
101.77); renumbered by #8256 (from Env-A 101.223), see Revision Note at chapter
heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.157 "Reference concentration limit"
means "reference concentration limit" as defined in RSA 125-I:2,XIII,
namely "an estimate published by the United States environmental protection
agency of a daily exposure to the human population, including sensitive
subgroups, that is likely to be without an appreciable risk of deleterious
noncancer effects during a lifetime."
Source. #6328, INTERIM, eff 8-24-96, EXPIRED:
12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.224), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.158 "Regulated air
pollutant" means the following:
(a) "Regulated air pollutant" as
defined in 40 CFR 70.2, except paragraph (5) of such definition, which is
paraphrased as (b), below. Namely,
"regulated air pollutant" is any of the following:
(1) Nitrogen oxides or any volatile organic
compounds;
(2) Any pollutant for which a national ambient
air quality standard has been promulgated;
(3) Any pollutant that is subject to any standard
promulgated under section 111 [Standards of Performance for New Stationary
Sources] of the Act;
(4) Any Class I or II substance subject to a
standard promulgated or established under title VI [Stratospheric Ozone
Protection] of the Act; or"
(b) Any pollutant listed in section 112(b) List
of Hazardous Pollutants of the Act, or in a rule promulgated pursuant to section
112(r) Prevention of Accidental Releases of the Act.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.225), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.159 "Regulated toxic air
pollutant" means "regulated toxic air pollutant" as defined in
RSA 125-I:2,XIV, namely "any substance or compound emitted into the
ambient air by a stationary source and designated a regulated toxic air
pollutant pursuant to RSA 125-I:4," and includes any of the following:
(a) Any substance or compound which is listed as
a hazardous air pollutant pursuant to section 112(b) of the Clean Air Act, 42
U.S.C. 7412, as amended;
(b) Any substance or compound for which there is
a threshold limit value established by the American Conference of Governmental
Industrial Hygienists;
(c) Any substance or compound which has been
added to the list of regulated toxic air pollutants pursuant to RSA 125-I:4,V
and Env-A 1400.
Source. #6328, INTERIM, eff 8-24-96, EXPIRED:
12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.227), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.160 "Repowering" means the
replacement or conversion of an existing emissions unit with a new or converted
unit which results in lower emission rates of any air pollutant. This term also means the definition given it
pursuant to section 402 of the Act, which generally means the replacement of an
existing boiler with a technology capable of controlling multiple combustion
emissions simultaneously with improved boiler or generation efficiency and with
significantly greater waste reduction relative to the performance of technology
in widespread commercial use as of November 15, 1990.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.230), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.161 "Reproductive effect" means an
adverse effect on a reproductive system which results or can result from
exposure to one or more environmental agents.
The effect can be expressed as an alteration to a female or male
reproductive organ, the endocrine system, or a pregnancy outcome. Manifestations of such effects include
adverse effects to the on-set of puberty, gamete production and transport,
reproductive cycle normality, sexual behavior, fertility, gestation,
parturition, lactation, pregnancy outcome, or premature reproductive
senescence, or modifications in other functions that are dependent on the
integrity of the reproductive system.
Source. #6328, INTERIM, eff 8-24-96, EXPIRED:
12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.231), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.162 "Research and Development
operation" means any operation whose exclusive purpose is to conduct a
systematic investigation designed to create a new process or product or to improve
an existing process or product, including investigations conducted at academic
and technological facilities, where such an operation is conducted under the
close supervision of technically trained personnel and is not conducted to
manufacture products for commercial sale in commerce.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.232), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.163 "Reserve" means a bank
of allowances established by the EPA under title IV Acid Deposition Control of
the Act.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.233), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.164 "Responsible official"
means "responsible official" as defined in 40 CFR 70.2 as in effect on July 1,
1993, namely, "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:
(1) The facilities employ more than 250 persons
or have gross annual sales or expenditures exceeding $25 million (in second
quarter l980 dollars); or
(2) 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 part [definition], 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:
(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 [40 CFR] part 70."
Source. #6057-A,
eff 6-30-95; ss and renumbered by #8256, eff 1-14-05 (from Env-A 101.235),
see Revision Note at chapter heading; renumbered by #8304, see Revision Note at
chapter heading
Env-A
101.165 "Revoke" means to take
away, annul or suspend a permit to operate or temporary permit issued by the
director if following a hearing the director determines:
(a) That the permit holder has committed a
violation of this chapter or any rule, order or permit conditions in force and
applicable to it; or
(b) That emission from the device to which the
permit applies, alone or in conjunction with other sources of the same
pollutants, presents an immediate danger to the public health.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.236), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.166 "Sand and gravel
source" means any source where grinding, crushing, drying, mixing, conveying,
sizing or blending of rock, sand or gravel products is conducted, and is
comprised of all equipment and auxiliaries utilized in these functions.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.83)
New. #5033, eff 12-27-90 (from Env-A 101.81); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.82); ss by #6428-A, eff 1-18-97;
renumbered by #8256 (from Env-A 101.239), see Revision Note at chapter heading;
renumbered by #8304, see Revision Note at chapter heading
Env-A 101.167 "Schedule of Compliance" means a
schedule of remedial measures including an enforceable sequence of actions,
leading to compliance with applicable implementation plans, emissions
standards, emission limitations, emission prohibitions, or other state or
federal requirement.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.241), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.168 "Secondary brass and bronze
ingot production plant" means any source producing brass or bronze ingots
from copper, zinc, tin, lead, or other scrap metals.
Source. #6428-A,
eff 1-18-97; renumbered by #8256 (from Env-A 101.242), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.169 "Secondary lead
smelter" means any source producing lead from lead-bearing scrap material
by smelting such material to a metallic form.
Source. #6428-A,
eff 1-18-97; renumbered by #8256 (from Env-A 101.243), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.170 "Shutdown" means the cessation of
operation of any stationary source, area source, or device for any purpose.
Source. #6428-A,
eff 1-18-97; renumbered by #8256 (from Env-A 101.246), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.171 "Single industrial
grouping" as used in the definition of "major source", means a
compilation where all pollutant emitting activities at a source or group of
sources.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.249), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.172 "Smelter" means a
furnace used to treat an ore by heating it to high temperatures for the purpose
of separating any metallic portion from the non-metallic portion of the ore.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.84)
New. #5033, eff 12-27-90 (from Env-A 101.82); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.83); ss by #6428, eff 1-18-97;
renumbered by #8256 (from Env-A 101.251), see Revision Note at chapter heading;
renumbered by #8304, see Revision Note at chapter heading
Env-A 101.173 "Smoke" means small gas borne
particles resulting from incomplete combustion consisting predominantly, but
not exclusively of carbon ash and other combustible materials.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.85)
New. #5033, eff 12-27-90 (from Env-A 101.83); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.84); renumbered by #8256 (from Env-A 101.252), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.174 "Soot blowing" means
the activation of mechanical devices for on-line cleaning of gas-side soot,
boiler ash and slag deposits to provide for optimum heat transfer and safe
operation of the boiler.
Source. #6505-A,
eff 5-1-97; renumbered by #8256 (from Env-A 101.253), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.175 “Source category” means a
category of stationary sources, area sources, or devices that:
(a)
Require a state permit to operate pursuant to Env-A 608; and
(b) Are sufficiently similar that the same
regulatory requirements can be applied to all stationary sources, area sources,
or devices in the category.
Source. #6782-A,
eff 6-30-98; renumbered by #8256 (from Env-A 101.254), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.176
"Span value" means the upper limit of the gas concentration
measurement range.
Source. #6724-A,
eff 3-28-98; renumbered by #8256 (from Env-A 101.255), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.177 "Stack" means any chimney, flue, or
duct arranged to discharge an emission to the ambient air.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.86)
New. #5033, eff 12-27-90 (from Env-A 101.84); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.85); renumbered by #8256 (from Env-A 101.256), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.178 "Standard conditions" mean a
temperature of 20C or 68F, and a
pressure of 101.3 kilopascals or 29.92 inches of Hg.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.87)
New. #5033, eff 12-27-90 (from Env-A 101.85); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.86); renumbered by #8256 (from Env-A 101.257), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.179 "Standard cubic foot"
means one cubic foot of gas at 20 C or 68 F, and at a
pressure of 101.3 kilopascals or 29.92 inches of Hg.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.88)
New. #5033, eff 12-27-90 (from Env-A 101.86); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.87); renumbered by #8256 (from Env-A 101.258), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.180 "Standard cubic meter"
means one cubic meter of gas at 20 C or 68 F, and at a
pressure of 101.3 kilopascals, or 29.92 inches of Hg.
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.89)
New. #5033, eff 12-27-90 (from Env-A 101.87); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.88); renumbered by #8256 (from Env-A 101.259), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.181 "Startup" means the setting in
operation of any stationary source, area source or device.
Source. #6428-A,
eff 1-18-97; renumbered by #8256 (from Env-A 101.260), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.182 "State implementation plan" means
the plan required for the state of
Source. #1717, eff 2-19-81; amd by #1923, eff
1-18-82; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by
#5033, eff 12-27-90 (see Env-A 101.90)
New. #5033, eff 12-27-90 (from Env-A 101.88); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.89); renumbered by #8256 (from Env-A 101.261), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.183 "State permit to
operate" means a permit that might contain conditions and which is issued
prior to operation or modification of a stationary source, area source, or
device.
Source. #6057-A,
eff 6-30-95; ss by #7885, eff 5-3-03; renumbered by #8256 (from Env-A
101.262), see Revision Note at chapter heading; renumbered by #8304, see
Revision Note at chapter heading
Env-A
101.184 "State requirement"
means a requirement of a statute or rule promulgated by the New Hampshire air
resources division, including but not limited to RSA 125-C, RSA 125-D, RSA
125-I, RSA 125-J, RSA 125-K, RSA 141-E, and the NEW HAMPSHIRE RULES GOVERNING
THE CONTROL OF AIR POLLUTION, and which is not federally enforceable.
Source. #6057-A,
eff 6-30-95; renumbered by #8256 (from Env-A 101.263), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.185 "Stationary source"
means either of the following depending on the purpose for its use:
(a) For purposes of RSA 125-C, "stationary
source" means any building, structure, facility, or installation that
emits or might emit any regulated air pollutant, or any air pollutant subject
to regulation under the federal Clean Air Act, N.H. RSA 125-C, or Env-A 100 et
seq.; or
(b) For purposes of RSA 125-I, "stationary
source" means "stationary source" as defined in RSA 125-I:2,XV,
namely "any building, structure, facility, or installation that emits or
may emit a regulated toxic air pollutant or air contaminant into the ambient
air."
Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A
101.91)
New. #5033, eff 12-27-90 (from Env-A 101.89); ss
and moved by #6057-A, eff 6-30-95 (from
Env-A 101.90); ss by #6178, eff 1-30-96, EXPIRES: 5-29-96; ss by #6229, eff
4-25-96; ss by #6328, INTERIM, eff 8-24-96, EXPIRED:
12-22-96
New. #6468-A,
eff 3-5-97; renumbered by #8256 (from Env-A 101.264), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A 101.186 "Steam generating unit" means any
furnace, boiler, or other device used for combusting fuel for the purpose of
producing steam by heat transfer.
Source. #6505-A,
eff 5-1-97; renumbered by #8256 (from Env-A 101.265), see Revision Note at
chapter heading; renumbered by #8304, see Revision Note at chapter heading
Env-A
101.187 "Steam vent" means a
point on steam generating equipment, a steam transport line, a condensate
return system, or non-contact steam heat equipment, where steam may be released
in the same condition as generated.
"Steam vent" excludes points of emission on process equipment
or equipment heated by steam injection, including steam eductors, which could
introduce a regulated air pollutant, a toxic air pollutant, or carbon monoxide
into the steam.