When used in this part:

1. (1) “Actual emissions” means the quantity of air contaminants emitted from a stationary source considering emissions control equipment and actual hours of source operation or amount of material processed;

2. (2)

   1. (A) “Air contaminant” means any solid, liquid, gas, or vapor or any combination thereof.

   2. (B) The following shall not be considered air contaminants:

      1. (i) Water vapor;
      2. (ii) Oxygen;
      3. (iii) Carbon dioxide;
      4. (iv) Nitrogen;
      5. (v) Hydrogen; and
      6. (vi) Inert gases;
3. (3) “Air contamination” means the presence in the outdoor atmosphere of one (1) or more air contaminants which contribute to a condition of air pollution;

4. (4) “Air pollution” means the presence in the outdoor atmosphere of one (1) or more air contaminants in quantities, of characteristics, and of a duration that:

   1. (A) Are materially injurious or can be reasonably expected to become materially injurious to human, plant, or animal life or to property; or
   2. (B) Unreasonably interfere with enjoyment of life or use of property throughout the state or throughout the area of the state as shall be affected thereby;
5. (5) “Commission” means the Arkansas Pollution Control and Ecology Commission;
6. (6) “Conditions of air pollution” as distinguished from “air pollution” in a given area shall be deemed to exist when the Director of the Division of Environmental Quality finds that the National Ambient Air Quality Standards, as established from time to time by the United States Environmental Protection Agency, have been exceeded in such area, or when the Director of the Division of Environmental Quality finds that extraordinary measures are necessary to prevent them from being exceeded;

7. (7) “Conditions of episodic air pollution” in a given area shall be deemed to exist when the Director of the Division of Environmental Quality finds that meteorological conditions are such as to minimize the normal dispersion of air contaminants and that the following levels are determined to exist in a given area and that such levels can be reasonably expected to persist for twelve (12) or more hours or increase unless control actions are taken:

   1. (A) Sulfur dioxide (SO₂) of a concentration equal to or greater than eight hundred micrograms per cubic meter (800 µg/m³) (one and three-tenths parts per million (1.3 ppm)) for any twenty-four-hour average, or where particulate matter (PM) of a concentration equal to or greater than three hundred seventy-five micrograms per cubic meter (375 µg/m³) for any twenty-four-hour average or where the coefficient of haze (COH) is equal to or greater than three (3.0) for any twenty-four-hour average, or where the product of SO₂ and PM reported in µg/m³ for any twenty-four-hour average exceeds sixty-five thousand (65,000);
8. (8) “Control apparatus” means any device which prevents, controls, detects, or records the emission of any air contaminant;
9. (9) “Director” means the Director of the Division of Environmental Quality, or its successor, acting directly or through the staff of the Division of Environmental Quality;

10. (10)

    1. (A) “Division” means the Division of Environmental Quality, or its successor.
    2. (B) When reference is made in this part to actions taken by or with reference to the Division of Environmental Quality, the reference is to the staff of the Division of Environmental Quality acting at the direction of the Director of the Division of Environmental Quality;
11. (11) “EPA” means the United States Environmental Protection Agency;

12. (12) “Equipment” means any:

    1. (A) Device, except equipment used for any mode of vehicular transportation, capable of causing the emission of an air contaminant into the open air; and
    2. (B) Any stack, conduit, flue, duct, vent, or similar device connected or attached to or serving the equipment;
13. (13) “Federal Clean Air Act” or “Clean Air Act” or “FCAA” or “the act” means the federal Clean Air Act, as amended, 42 U.S.C. § 7401, et seq., and its implementing regulations as of the effective date of this part;
14. (14) “Flue” or “stack” means any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct but not including flares;
15. (15) “Fuel burning equipment” means equipment, the primary purpose of which is the production of thermal energy from the combustion of fuel by indirect heat transfer;
16. (16) “Fugitive emissions” means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening;
17. (17) “Hazardous air pollutant” or “HAP” means any pollutant listed pursuant to Section 112 of the federal Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., as of the effective date of this part;

18. (18) “Garbage” means rejected food waste including waste accumulation of animal, fruit, or vegetable matter used or intended for food or that attend the preparation, use, cooking, dealing in or storage of:

    1. (A) Meat;
    2. (B) Fish;
    3. (C) Fowl;
    4. (D) Fruit; or
    5. (E) Vegetable;
19. (19) “Incinerator” means all devices by which garbage, refuse, or other combustible material is reduced in volume by a combustion process in which the fuel/air ratio is or can be controlled so that the remaining solid residues contain little or no combustible material;
20. (20) “National Ambient Air Quality Standards” or “NAAQS” means those ambient air quality standards promulgated by the United States Environmental Protection Agency in 40 C.F.R. pt. 50 as of the effective date of the federal rule published by the United States Environmental Protection Agency in the Federal Register on January 15, 2013 (78 Fed. Reg. 3,086), as set forth in Appendix B of this part;
21. (21) “Opacity” means the degree to which air emissions reduce the transmission of light and obscure the view of an object in the background;
22. (22) “Open fire” or “open burning” means a fire in which a material is burned in the open or in a receptacle having no means for significantly controlling the fuel/air ratio;
23. (23) “Operator” means any person who leases, operates, controls, or supervises any equipment affected by this part;
24. (24) “Owner” means any person who has legal or equitable title to any source, facility, or equipment affected by this part;
25. (25) “Particulate matter” or “PM” means any airborne finely divided solid or liquid material with an aerodynamic diameter equal to or less than one hundred (100) micrometers;
26. (26) “PM_2.5” means particulate matter with an aerodynamic diameter less than or equal to a nominal two and one-half (2.5) micrometers as measured by a reference method based on Appendix L of 40 C.F.R. pt. 50, as of the effective date of the federal rule published by the United States Environmental Protection Agency in the Federal Register on October 17, 2006 (71 Fed. Reg. 61,144, 61,226), or by an approved regional method designated in accordance with Appendix C of 40 C.F.R. pt. 53;
27. (27) “PM₁₀” means particulate matter with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers as measured by a reference method based on Appendix J of 40 C.F.R. pt. 50, as of the effective date of the federal final rule published by the United States Environmental Protection Agency in the Federal Register on August 7, 1987 (52 Fed. Reg. 29,467), or by an equivalent method designated in accordance with 40 C.F.R. pt. 53;
28. (28) “PM_2.5 emissions” means PM_2.5 emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternate method, specified in 40 C.F.R. pt. 51, Appendix M, as of the effective date of the federal final rule published by the United States Environmental Protection Agency in the Federal Register on April 2, 2014 (79 Fed. Reg. 18,452), or by a test method specified in this part or any supplement thereto;
29. (29) “PM₁₀ emissions” means PM₁₀ emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternate method, specified in 40 C.F.R. pt. 51, Appendix M, as of the effective date of the federal final rule published by the United States Environmental Protection Agency in the Federal Register on April 2, 2014 (79 Fed. Reg. 18,452), or by a test method specified in this part or any supplement thereto;

30. (30)

    1. (A) “Potential to emit” means the maximum capacity of a stationary source to emit air contaminants under its physical and operational design.
    2. (B) Any physical or operational limitation on the capacity of the source to emit an air contaminate, including, but not limited to, 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 only if the limitation or the effect it would have on emissions is practically enforceable.
    3. (C) Secondary emissions do not count in determining the potential to emit of a stationary source;
31. (31) “Refuse” means any combustible waste material containing carbon in a free or combined state, other than liquid or gases;

32. (32) “Responsible official” means one (1) of the following:

    1. (A) For a corporation:

       1. (i) 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

       2. (ii) A duly authorized representative or such person if the representative is responsible for the overall operation of one (1) or more manufacturing, production, or operating facilities applying for or subject to a permit and either:

          1. (a) (a) The facilities employ more than two hundred fifty (250) persons or have a gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000) (in second quarter 1980 United States dollars); or
          2. (b) (b) The delegation of authority to such representative is approved in advance by the Division of Environmental Quality;
    2. (B) For partnership or sole proprietorship, a general partner or the proprietor, respectively;

    3. (C)

       1. (i) For a municipality, state, federal, or other public agency, either a principal executive officer or ranking elected official.
       2. (ii) For the purposes of this part, 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 the United States Environmental Protection Agency); or

    4. (D) For acid rain sources:

       1. (i) The designated representative insofar as actions, standards, requirements, or prohibitions under Title IV of the Clean Air Act, 42 U.S.C. § 7401, et seq., as of July 1, 1997, or the regulations promulgated thereunder are concerned; and
       2. (ii) The designated representative for any other purposes under Part 70 of Title 40 of the Code of Federal Regulations;
33. (33) “Salvage” means an operation conducted in whole or in part for the reclaiming of any product or material;
34. (34) “Shutdown” means the cessation of operation of equipment;
35. (35) “Startup” means the setting in operating of equipment;
36. (36) “Stationary source” means any building, structure, facility, or installation which emits or may emit any air contaminant;

37. (37)

    1. (A) “Title I modification” means any modification as defined under any regulation promulgated pursuant to Title I of the federal Clean Air Act, 42 U.S.C. § 7401 et seq., as of July 2, 2008.
    2. (B) De minimis changes under 8 CAR pt. 41, changes to state-only permit requirements, administrative permit amendments, and changes to the insignificant activities list are not Title I modifications;
38. (38) “Total suspended particulate” or “TSP” means particulate matter as measured by the method described in Appendix B of 40 C.F.R. pt. 50;

39. (39) “Trade waste” means any solid, liquid, or gaseous material resulting from construction of the prosecution of any business, trade, or industry, or any demolition operation including, but not limited to:

    1. (A) Plastics;
    2. (B) Cardboard cartons;
    3. (C) Grease;
    4. (D) Oil;
    5. (E) Chemicals; and
    6. (F) Cinders; and
40. (40) “Twelve-month period” means a period of twelve (12) consecutive months determined on a rolling basis with a new twelve-month period beginning on the first day of each calendar month.