8 CAR § 41-803. Definitions

(a) As used in this subpart: (1)(A) “Advance notification” (of a permit application) means any written communication that establishes the applicant's intention to construct, and that provides the Division of Environmental Quality with sufficient information to determine that the proposed source may constitute a major new source or major modification, and that such source may affect any mandatory Class I federal area, including, but not limited to: (i) Submittal of a draft or partial permit application; (ii) A prevention of significant deterioration monitoring plan; or (iii) A sufficiently detailed letter. (B) “Advance notification” does not include general inquiries about Arkansas Pollution Control and Ecology Commission rules; (2) “Regulated new source review pollutant” means the following: (A)(i) Any pollutant for which a national ambient air quality standard has been adopted under 8 CAR § 41-106 and any pollutant identified under this subdivision (a)(2)(A) as a constituent or precursor for such pollutant. (ii) Precursors identified by the division for purposes of new source review are the following: (a) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas; (b) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas; and (c) Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and unclassifiable areas, unless Arkansas demonstrates to the Administrator of the United States Environmental Protection Agency’s satisfaction or the United States Environmental Protection Agency demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area’s ambient PM2.5 concentrations. (iii) Volatile organic compounds are presumed not to be precursors to PM2.5 in any attainment or unclassifiable area, unless Arkansas demonstrates to the Administrator of the United States Environmental Protection Agency’s satisfaction or the United States Environmental Protection Agency demonstrates that emissions of volatile organic compounds from sources in a specific area are a significant contributor to that area’s ambient PM2.5 concentrations; (B) Any pollutant that is subject to any standard promulgated under Section 111 of the Clean Air Act; (C) Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Clean Air Act; (D) Any pollutant that otherwise is subject to regulation under the Clean Air Act; (E) Notwithstanding subdivisions (a)(2)(A) – (D) of this section, the term “regulated new source review pollutant” shall not include any or all hazardous air pollutants either listed in Section 112 of the Clean Air Act, or added to the list pursuant to Section 112(b)(2) of the Clean Air Act, and that have not been delisted pursuant to Section 112(b)(3) of the Clean Air Act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under Section 108 of the Clean Air Act; and (F)(i) PM2.5 emissions and PM10 emissions shall include gaseous emissions from a source or activity that condense to form particulate matter at ambient temperatures. (ii) As of the effective date of the federal final rule published by the United States Environmental Protection Agency in the Federal Register on Thursday, October 25, 2012 (77 FR 65107), such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2.5 and PM10 in prevention of significant deterioration permits. (iii) Compliance with emissions limitations for PM2.5 and PM10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan. (iv) Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this subpart; and (3) “Subject to regulation” means, for any air pollutant, that the pollutant is subject to either a provision of the federal Clean Air Act, or a nationally applicable regulation codified by the Administrator of the United States Environmental Protection Agency pursuant to 40 C.F.R., Chapter 1, Subchapter C, and adopted herein, that requires actual control of the quantity of emissions of that pollutant and that such a control requirement has taken effect and is operative to control, limit, or restrict the quantity of emissions of that pollutant released from the regulated activity. (b)(1) All other terms used herein shall have the same meaning as set forth in 8 CAR § 41-106 or in 40 C.F.R. § 52.21(b) (prevention of significant deterioration) and 40 C.F.R. § 51.301 (Protection of Visibility) as of October 20, 2010, and adopted in 8 CAR § 41-804, unless manifestly inconsistent with the context in which they are used. (2) Wherever there is a difference between the definitions in 8 CAR § 41-106 and those listed in 40 C.F.R. § 52.21(b) and 40 C.F.R. § 51.301, the federal definitions as listed in 40 C.F.R. § 52.21(b), as adopted in 8 CAR § 41-804 and subdivisions (a)(1), (2), and (3) of this section, and 40 C.F.R. § 51.301 as of October 20, 2010, shall apply. (c) The definition for “routine maintenance, repair and replacement” in 40 C.F.R. § 52.21(b)(2)(iii)(a) is not incorporated.