(b) Except as specifically provided in this section, terms used in this part retain the meaning accorded them under the applicable requirements of the federal Clean Air Act or the Arkansas Pollution Control and Ecology Commission’s Rules of the Arkansas Plan of Implementation for Air Pollution Control, 8 CAR pt. 41:

1. (1) “Acid rain source” shall have the meaning of “affected source” as defined in Title IV of the Act;
2. (2) “Act” means the Clean Air Act, 42 U.S.C. § 7401 et seq., as amended July 23, 1993;
3. (3) “Administrator” or “EPA” means the Administrator of the Environmental Protection Agency or his or her designee;

4. (4) “Affected states” are all states:

   1. (A) 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. (B) That are within fifty (50) miles of the permitted source;
5. (5) “Air contaminant” or “air pollutant” means any solid, liquid, gas, or combination thereof, other than water vapor, nitrogen (N₂), and oxygen (O₂);

6. (6) “Applicable requirement” means all of the following as they apply to emissions units in a part 70 source, including requirements that have been promulgated or approved by the Environmental Protection Agency through rulemaking at the time of issuance but have future-effective compliance dates:

   1. (A) Any standard or other requirement provided for in the applicable implementation plan approved or promulgated by the Environmental Protection Agency through rulemaking under Title I of the Act that implements the relevant requirements of the Act, including any revisions to that plan promulgated in 40 C.F.R. pt. 52;
   2. (B) Any term or condition of any preconstruction permits issued pursuant to regulations approved or promulgated through rulemaking under Title I, including Part C or Part D of the Act;
   3. (C) Any standard or other requirement under Section 111 of the Act, including Section 111(d);
   4. (D) Any standard or other requirement under Section 112 of the Act, including any requirement concerning accident prevention under Section 112(r)(7) of the Act;
   5. (E) Any standard or other requirement of the acid rain program under Title IV of the Act, or the regulations promulgated thereunder;
   6. (F) Any requirements established pursuant to Section 504(b) or Section 114(a)(3) of the Act;
   7. (G) Any standard or other requirement governing solid waste incineration under Section 129 of the Act;
   8. (H) Any standard or other requirement for consumer and commercial products under Section 183(e) of the Act;
   9. (I) Any standard or other requirement for tank vessels under Section 183(f) of the Act;
   10. (J) Any standard or other requirement of the program to control air pollution from outer continental shelf sources under Section 328 of the Act;
   11. (K) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Act, unless the Administrator of the Environmental Protection Agency has determined that such requirements need not be contained in a Title V permit; and
   12. (L) Any national ambient air quality standard or increment or visibility requirement under Part C of Title I of the Act, but only as it would apply to temporary sources permitted pursuant to Section 504(e) of the Act;
7. (7) “CO₂ equivalent emissions (CO₂e)” shall represent an amount of greenhouse gases (GHGs) emitted, and shall be computed by multiplying the mass amount of emissions tons per year (tpy), for each of the six (6) greenhouse gases in the pollutant GHGs, by the gas’s associated global warming potential published at Table A-1 to Subpart A of 40 C.F.R. pt. 98 – Global Warming Potentials, which is incorporated by reference as of the effective date of the federal rule published by the Environmental Protection Agency in the Federal Register on November 29, 2013 (78 FR 71948), and summing the resultant value for each to compute a tpy CO₂ equivalent emissions;
8. (8) “Designated representative” shall have the meaning given to it in Section 402(26) of the Act and the regulations promulgated thereunder;
9. (9) “Division” means the Division of Environmental Quality or its successor;
10. (10) “Draft permit” means the version of a permit for which the Division of Environmental Quality offers public participation and affected state review;
11. (11) “Emissions allowable under the permit” means 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;

12. (12)

    1. (A) “Emissions unit” means any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant.
    2. (B) This term is not meant to alter or affect the definition of the term “unit” for purposes of Title IV of the Act;

13. (13) “Existing part 70 source” means a:

    1. (A) Part 70 source that was in operation as of September 13, 1993;
    2. (B) Facility that becomes a major source due to its GHG emissions as of July 1, 2011; or
    3. (C) Part 70 source that is in operation on the effective date of this part;
14. (14) “Final permit” means the version of a part 70 permit issued by the Division of Environmental Quality that has completed all review procedures required by this part;
15. (15) “Fugitive emissions” are those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening;

16. (16) “Greenhouse gases (GHGs)” means the aggregate group of six (6) greenhouse gases:

    1. (A) Carbon dioxide;
    2. (B) Nitrous oxide;
    3. (C) Methane;
    4. (D) Hydrofluorocarbons;
    5. (E) Perfluorocarbons; and
    6. (F) Sulfur hexafluoride;
17. (17) “Initial permit” means a part 70 permit issued to a part 70 source that is in existence on the effective date of this part;

18. (18)

    1. (A) “Major source” means any stationary source, or any group of stationary sources that are located on one (1) or more contiguous or adjacent properties, and are under common control of the same person (or persons under common control), belonging to a single major industrial grouping, and that are described in subdivision (b)(18)(C), (b)(18)(D), or (b)(18)(E) of this section.
    2. (B) 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.
    3. (C) A “major source” under Section 112 of the Act is defined as:

(b) (b) Notwithstanding subdivision (b)(18)(C)(i)(a) of this section, 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

1. (ii) For radionuclides, “major source” shall have the meaning specified by the Administrator of the Environmental Protection Agency by rule.

   1. (D)

      1. (i) A major stationary source of air pollutants, as defined in Section 302 of the Act, that directly emits or has the potential to emit, one hundred (100) tpy or more of any regulated air pollutant, including any major source of fugitive emissions of any such pollutant, as determined by rule by the Administrator of the Environmental Protection Agency.
      2. (ii) 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 (1) of the following categories of stationary source:

(b) (b) Kraft pulp mills;

1. (c) (c) Portland cement plants;

   1. (d) (d) Primary zinc smelters;

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

1. (i) (i) Hydrofluoric, sulfuric, or nitric acid plants;

(k) (k) Lime plants;

1. (l) (l) Phosphate rock processing plants;

   1. (m) (m) Coke oven batteries;

(u) (u) Fossil-fuel boilers, or combination thereof, totaling more than two hundred fifty million British thermal units (250,000,000 BTUs) per hour heat input;

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

(w) (w) Taconite ore processing plants;

1. (x) (x) Glass fiber processing plants;

(aa) (aa) Any other stationary source category, which as of August 7, 1980, is being regulated under Section 111 or 112 of the Act.

1. (E) A major stationary source as defined in Part D of Title I of the Act, including:

   1. (i) For ozone nonattainment areas, sources with the potential to emit one hundred (100) tpy or more of volatile organic compounds or oxides of nitrogen in areas classified as “marginal” or “moderate”, fifty (50) tpy or more in areas classified as “serious”, twenty-five (25) tpy or more in areas classified as “severe”, and ten (10) tpy or more in areas classified as “extreme”, except that the references in this subdivision (18)(E)(i) of this section to one hundred (100), fifty (50), twenty-five (25), and ten (10) tpy of nitrogen oxides shall not apply with respect to any source for which the Administrator of the Environmental Protection Agency 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;

      1. (ii) For ozone transport regions established pursuant to Section 184 of the Act, sources with the potential to emit fifty (50) tpy or more of volatile organic compounds;
      2. (iii) For carbon monoxide nonattainment areas:

(b) (b) In which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the Administrator of the Environmental Protection Agency, sources with the potential to emit fifty (50) tpy or more of carbon monoxide; and

1. (iv) For particulate matter (PM₁₀) nonattainment areas classified as “serious”, sources with the potential to emit seventy (70) tpy or more of PM₁₀;
2. (19) “Part 70 permit” or “permit”, unless the context suggests otherwise, means any permit or group of permits covering a part 70 source that is issued, renewed, amended, or revised pursuant to this part;
3. (20) “Part 70 program” or “state program” means a program approved by the Administrator of the Environmental Protection Agency under 40 C.F.R. pt. 70, as promulgated July 21, 1992, and last modified November 27, 2001;
4. (21) “Part 70 source” means any source subject to the permitting requirements of this part;
5. (22) “Permit modification” means a revision to a part 70 permit that meets the requirements of Subpart 9 of this part;
6. (23) “Permit revision” means any permit modification or administrative permit amendment;

7. (24) “Permitting authority” means either of the following:

   1. (A) The Division of Environmental Quality; or
   2. (B) The Administrator of the Environmental Protection Agency, in the case of Environmental Protection Agency-implemented programs;

8. (25)

   1. (A) “Potential to emit” means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design.
   2. (B) Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is enforceable by the Administrator of the Environmental Protection Agency.
   3. (C) 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;
9. (26) “Proposed permit” means the version of a permit that the Division of Environmental Quality proposes to issue and forwards to the Administrator of the Environmental Protection Agency for review;
10. (27) “Recognized air contaminant emissions” means those air contaminant emissions which may reasonably be assumed to be present according to mass balance calculations or applicable published literature on air contaminant emissions or those air contaminant emissions which characteristics, toxicity, rate and quantity of emission, and duration of their presence in the atmosphere cause or present a threat of harm to human health or the environment;

11. (28) “Regulated air pollutant” means the following:

    1. (A) Nitrogen oxides or any volatile organic compounds;
    2. (B) Any pollutant for which a national ambient air quality standard has been promulgated;
    3. (C) Any pollutant that is subject to any standard promulgated under Section 111 of the Act;
    4. (D) Any Class I or Class II substance subject to a standard promulgated under or established by Title VI of the Act;
    5. (E) Any hazardous air pollutant listed pursuant to Section 112 of the Act; or

    6. (F) GHGs, except that GHGs shall not be a regulated air pollutant unless the GHG emissions are from a part 70 source emitting, or having a potential to emit:

       1. (i) One hundred thousand (100,000) tpy CO₂e emissions or more; and
       2. (ii) Amounts that equal or exceed one hundred (100) tpy calculated as the sum of the six (6) well-mixed GHGs on a mass basis;
12. (29) “Renewal” means the process by which a permit is reissued at the end of its term;
13. (30) “Renewal permit” means a part 70 permit that is reissued at the end of its term;

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

    1. (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 (1) or more manufacturing, production, or operating facilities applying for or subject to a permit and either:

       1. (i) The facilities employ more than two hundred fifty (250) persons or have gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000) in second quarter 1980 United States dollars; or
       2. (ii) The delegation of authority to such representative is approved in advance by the Division of Environmental Quality;
    2. (B) For a 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 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 Act or the regulations promulgated thereunder are concerned; and
       2. (ii) The designated representative for any other purposes under part 70;

15. (32)

    1. (A) “State” means any nonfederal permitting authority, including any local agency, interstate association, or statewide program.
    2. (B) The term “state” also includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
    3. (C) Where such meaning is clear from the context, “state” shall have its conventional meaning.
    4. (D) For purposes of the acid rain program, the term “state” shall be limited to authorities within the forty-eight (48) contiguous states and the District of Columbia as provided in Section 402(14) of the Act;
16. (33) “Stationary source” means any building, structure, facility, or installation that emits or may emit any regulated air pollutant; and

17. (34)

    1. (A) “Title I modification” means any modification as defined under any regulation promulgated pursuant to Title I of the federal Clean Air Act.
    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.