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118.01.31.802. Definitions

AR ADC 118.01.31.802Arkansas Administrative CodeEffective: December 25, 2021

West's Arkansas Administrative Code
Title 118. Department of Energy and Environment
Division 01. Arkansas Pollution Control and Ecology Commission
Rule 31. Rule NO. 31: Nonattainment New Source Review Requirements
Chapter 8. Actual Pals
Effective: December 25, 2021
Ark. Admin. Code 118.01.31.802
Formerly cited as AR ADC 014.01.6-8
118.01.31.802. Definitions
Currentness
For purposes of this chapter the following definitions apply. When a term is not defined in this chapter, it shall have the meaning given in Chapter 2 of this rule or in the federal Clean Air Act.
(A) “Actuals PAL for a major stationary source” means a PAL based on the baseline actual emissions (as defined in Chapter 2 of this rule) of all emissions units (as defined in Chapter 2 of this rule) at the source, that emit or have the potential to emit the PAL pollutant.
(B) “Allowable emissions” means “allowable emissions” as defined in Chapter 2 of this rule, except as this definition is modified according to Rule 31.802(B)(1) through (2) of this chapter.
(1) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit.
(2) An emissions unit's potential to emit shall be determined using the definition in Chapter 2 of this rule, except that the words “or enforceable as a practical matter” should be added after “federally enforceable.”
(C) “Small emissions unit” means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in Chapter 2 of this rule or in the Clean Air Act, whichever is lower.
(D) “Major emissions unit” means:
(1) Any emissions unit that emits or has the potential to emit 100 tons per year or more of the PAL pollutant in an attainment area; or
(2) Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the Clean Air Act for nonattainment areas. For example, in accordance with the definition of major stationary source in Section 182(c) of the Clean Air Act, an emissions unit would be a major emissions unit for VOC if the emissions unit is located in a serious ozone nonattainment area and it emits or has the potential to emit 50 or more tons of VOC per year.
(E) “Plantwide applicability limitation (PAL)” means an emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with Rule 31.801 through Rule 31.816 of this chapter.
(F) “PAL effective date” means the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit which is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.
(G) “PAL effective period” means the period beginning with the PAL effective date and ending 10 years later.
(H) “PAL major modification” means, notwithstanding the definitions for major modification and net emissions increase contained in Chapter 2 of this rule, any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.
(I) “PAL permit” means the major NSR permit, the minor NSR permit, or the State operating permit under a program that is approved into the plan, or the Title V permit issued by the reviewing authority that establishes a PAL for a major stationary source.
(J) “PAL pollutant” means the pollutant for which a PAL is established at a major stationary source.
(K) “Significant emissions unit” means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level (as defined in Chapter 2 of this rule or in the Clean Air Act, whichever is lower) for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit as defined in Rule 31.802(D) of this chapter.

Credits

Amended Dec. 25, 2021.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 118.01.31.802, AR ADC 118.01.31.802
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