[Code of Federal Regulations]
[Title 40, Volume 6]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR60.2]
[Page 22-25]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--Table of Contents
Subpart A--General Provisions
Sec. 60.2 Definitions.
The terms used in this part are defined in the Act or in this
section as follows:
Act means the Clean Air Act (42 U.S.C. 7401 et seq.)
Administrator means the Administrator of the Environmental
Protection Agency or his authorized representative.
Affected facility means, with reference to a stationary source, any
apparatus to which a standard is applicable.
Alternative method means any method of sampling and analyzing for an
air pollutant which is not a reference or equivalent method but which
has been demonstrated to the Administrator's satisfaction to, in
specific cases, produce results adequate for his determination of
compliance.
Approved permit program means a State permit program approved by the
Administrator as meeting the requirements of part 70 of this chapter or
a Federal permit program established in this chapter pursuant to Title V
of the Act (42 U.S.C. 7661).
Capital expenditure means an expenditure for a physical or
operational change to an existing facility which exceeds the product of
the applicable ``annual asset guideline repair allowance percentage''
specified in the latest edition of Internal Revenue Service (IRS)
Publication 534 and the existing facility's basis, as defined by section
1012 of the Internal Revenue Code. However, the total expenditure for a
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physical or operational change to an existing facility must not be
reduced by any ``excluded additions'' as defined in IRS Publication 534,
as would be done for tax purposes.
Clean coal technology demonstration project means a project using
funds appropriated under the heading `Department of Energy-Clean Coal
Technology', up to a total amount of $2,500,000,000 for commercial
demonstrations of clean coal technology, or similar projects funded
through appropriations for the Environmental Protection Agency.
Commenced means, with respect to the definition of new source in
section 111(a)(2) of the Act, that an owner or operator has undertaken a
continuous program of construction or modification or that an owner or
operator has entered into a contractual obligation to undertake and
complete, within a reasonable time, a continuous program of construction
or modification.
Construction means fabrication, erection, or installation of an
affected facility.
Continuous monitoring system means the total equipment, required
under the emission monitoring sections in applicable subparts, used to
sample and condition (if applicable), to analyze, and to provide a
permanent record of emissions or process parameters.
Electric utility steam generating unit means any steam electric
generating unit that is constructed for the purpose of supplying more
than one-third of its potential electric output capacity and more than
25 MW electrical output to any utility power distribution system for
sale. Any steam supplied to a steam distribution system for the purpose
of providing steam to a steam-electric generator that would produce
electrical energy for sale is also considered in determining the
electrical energy output capacity of the affected facility.
Equivalent method means any method of sampling and analyzing for an
air pollutant which has been demonstrated to the Administrator's
satisfaction to have a consistent and quantitatively known relationship
to the reference method, under specified conditions.
Excess Emissions and Monitoring Systems Performance Report is a
report that must be submitted periodically by a source in order to
provide data on its compliance with stated emission limits and operating
parameters, and on the performance of its monitoring systems.
Existing facility means, with reference to a stationary source, any
apparatus of the type for which a standard is promulgated in this part,
and the construction or modification of which was commenced before the
date of proposal of that standard; or any apparatus which could be
altered in such a way as to be of that type.
Isokinetic sampling means sampling in which the linear velocity of
the gas entering the sampling nozzle is equal to that of the undisturbed
gas stream at the sample point.
Issuance of a part 70 permit will occur, if the State is the
permitting authority, in accordance with the requirements of part 70 of
this chapter and the applicable, approved State permit program. When the
EPA is the permitting authority, issuance of a Title V permit occurs
immediately after the EPA takes final action on the final permit.
Malfunction means 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.
Modification means any physical change in, or change in the method
of operation of, an existing facility which increases the amount of any
air pollutant (to which a standard applies) emitted into the atmosphere
by that facility or which results in the emission of any air pollutant
(to which a standard applies) into the atmosphere not previously
emitted.
Monitoring device means the total equipment, required under the
monitoring of operations sections in applicable subparts, used to
measure and record (if applicable) process parameters.
Nitrogen oxides means all oxides of nitrogen except nitrous oxide,
as measured by test methods set forth in this part.
One-hour period means any 60-minute period commencing on the hour.
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Opacity means the degree to which emissions reduce the transmission
of light and obscure the view of an object in the background.
Owner or operator means any person who owns, leases, operates,
controls, or supervises an affected facility or a stationary source of
which an affected facility is a part.
Part 70 permit means any permit issued, renewed, or revised pursuant
to part 70 of this chapter.
Particulate matter means any finely divided solid or liquid
material, other than uncombined water, as measured by the reference
methods specified under each applicable subpart, or an equivalent or
alternative method.
Permit program means a comprehensive State operating permit system
established pursuant to title V of the Act (42 U.S.C. 7661) and
regulations codified in part 70 of this chapter and applicable State
regulations, or a comprehensive Federal operating permit system
established pursuant to title V of the Act and regulations codified in
this chapter.
Permitting authority means:
(1) The State air pollution control agency, local agency, other
State agency, or other agency authorized by the Administrator to carry
out a permit program under part 70 of this chapter; or
(2) The Administrator, in the case of EPA-implemented permit
programs under title V of the Act (42 U.S.C. 7661).
Proportional sampling means sampling at a rate that produces a
constant ratio of sampling rate to stack gas flow rate.
Reactivation of a very clean coal-fired electric utility steam
generating unit means any physical change or change in the method of
operation associated with the commencement of commercial operations by a
coal-fired utility unit after a period of discontinued operation where
the unit:
(1) Has not been in operation for the two-year period prior to the
enactment of the Clean Air Act Amendments of 1990, and the emissions
from such unit continue to be carried in the permitting authority's
emissions inventory at the time of enactment;
(2) Was equipped prior to shut-down with a continuous system of
emissions control that achieves a removal efficiency for sulfur dioxide
of no less than 85 percent and a removal efficiency for particulates of
no less than 98 percent;
(3) Is equipped with low-NOx burners prior to the time of
commencement of operations following reactivation; and
(4) Is otherwise in compliance with the requirements of the Clean
Air Act.
Reference method means any method of sampling and analyzing for an
air pollutant as specified in the applicable subpart.
Repowering means replacement of an existing coal-fired boiler with
one of the following clean coal technologies: atmospheric or pressurized
fluidized bed combustion, integrated gasification combined cycle,
magnetohydrodynamics, direct and indirect coal-fired turbines,
integrated gasification fuel cells, or as determined by the
Administrator, in consultation with the Secretary of Energy, a
derivative of one or more of these technologies, and any other
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.
Repowering shall also include any oil and/or gas-fired unit which has
been awarded clean coal technology demonstration funding as of January
1, 1991, by the Department of Energy.
Run means the net period of time during which an emission sample is
collected. Unless otherwise specified, a run may be either intermittent
or continuous within the limits of good engineering practice.
Shutdown means the cessation of operation of an affected facility
for any purpose.
Six-minute period means any one of the 10 equal parts of a one-hour
period.
Standard means a standard of performance proposed or promulgated
under this part.
Standard conditions means a temperature of 293 K (68F) and a
pressure of 101.3 kilopascals (29.92 in Hg).
Startup means the setting in operation of an affected facility for
any purpose.
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State means all non-Federal authorities, including local agencies,
interstate associations, and State-wide programs, that have delegated
authority to implement: (1) The provisions of this part; and/or (2) the
permit program established under part 70 of this chapter. The term State
shall have its conventional meaning where clear from the context.
Stationary source means any building, structure, facility, or
installation which emits or may emit any air pollutant.
Title V permit means any permit issued, renewed, or revised pursuant
to Federal or State regulations established to implement title V of the
Act (42 U.S.C. 7661). A title V permit issued by a State permitting
authority is called a part 70 permit in this part.
Volatile Organic Compound means any organic compound which
participates in atmospheric photochemical reactions; or which is
measured by a reference method, an equivalent method, an alternative
method, or which is determined by procedures specified under any
subpart.
[44 FR 55173, Sept. 25, 1979, as amended at 45 FR 5617, Jan. 23, 1980;
45 FR 85415, Dec. 24, 1980; 54 FR 6662, Feb. 14, 1989; 55 FR 51382, Dec.
13, 1990; 57 FR 32338, July 21, 1992; 59 FR 12427, Mar. 16, 1994]