Section 008. Definitions For The Purposes Of Sections 300 Through 386

01. Affected States. All States: (3-28-23) a. Whose air quality may be affected by the emissions of the Tier I source and that are contiguous t o Idaho; or (3-28-23) b. That are within fifty (50) miles of the Tier I source. (3-28-23) 02. Allowance. An authorization allocated to a Phase II source by the EPA to emit during or after a specified calendar year, one (1) ton of sulfur dioxide. (3-28-23) 03. Applicable Requirement. All of the following if approved or promulgated by EPA as they appl y to emissions units in a Tier I source (including requirements that have been promulgated through rulemaking at th e time of permit issuance but which have future-effective compliance dates): (3-28-23) a. Any standard or other requirement provided for in the applicable state implementation plan, including any revisions to that plan that are specified in 40 CFR Parts 52.670 through 52.690. (3-28-23) b. Any term or condition of any permits to construct issued by the Department pursuant to Section s 200 through 223 or by EPA pursuant to 42 U.S.C. Sections 7401 through 7515; provided that terms or conditions relevant only to toxic air pollutants are not applicable requirements. (3-28-23) c. Any standard or other requirement under 42 U.S.C. Section 7411 including 40 CFR Part 60; (3-28-23) d. Any standard or other requirement under 42 U.S.C. Section 7412 including 40 CFR Part 61 and 4 0 CFR Part 63; (3-28-23) e. Any standard or other requirement of the acid rain program under 42 U.S.C. Sections 7651 throug h 7651o; (3-28-23) f. Any requirements established pursuant to 42 U.S.C. Section 7414(a)(3), 42 U.S.C. Sectio n 7661c(b) or Sections 120 through 128; (3-28-23) g. Any standard or other requirement governing solid waste incineration, under 42 U.S.C. Sectio n 7429; (3-28-23) h. Any standard or other requirement for consumer and commercial products and tank vessels, unde r 42 U.S.C. Sections 7511b(e) and (f); and (3-28-23) i. Any standard or other requirement under 42 U.S.C. Sections 7671 through 7671q including 40 CFR Part 82

ons 120 through 128; (3-28-23) g. Any standard or other requirement governing solid waste incineration, under 42 U.S.C. Sectio n 7429; (3-28-23) h. Any standard or other requirement for consumer and commercial products and tank vessels, unde r 42 U.S.C. Sections 7511b(e) and (f); and (3-28-23) i. Any standard or other requirement under 42 U.S.C. Sections 7671 through 7671q including 40 CFR Part 82. (3-28-23) j. Any ambient air quality standard or increment or visibility requirement provided in 42 U.S.C . Sections 7470 through 7492, but only as applied to temporary sources receiving Tier I operating permits unde r Section 336. (3-28-23) 04. Designated Representative. A responsible person or official authorized by the owner or operato r of a Phase II unit to represent the owner or operator in matters pertaining to the holding, transfer, or disposition o f allowances allocated to a Phase II unit, and the submission of and compliance with permits, permit applications, an d compliance plans for the Phase II unit. (3-28-23) 05. Draft Permit. The version of a Tier I operating permit that is made available by the Department fo r public participation and affected State review. (3-28-23) 06. Final Permit. The version of a Tier I permit issued by the Department that has completed al l review procedures required in Sections 364 and 366. (3-28-23) 07. General Permit. A Tier I permit issued pursuant to Section 335. (3-28-23) 08. Major Facility. A facility (as defined in Section 006) is major if the facility meets any of th e following criteria. (3-28-23) a. For hazardous air pollutants, the facility emits or has the potential to emit: (3-28-23) i. Ten (10) tons per year (tpy) or more of any hazardous air pollutant, other than radionuclides, whic h has been listed pursuant to 42 U.S.C

pursuant to Section 335. (3-28-23) 08. Major Facility. A facility (as defined in Section 006) is major if the facility meets any of th e following criteria. (3-28-23) a. For hazardous air pollutants, the facility emits or has the potential to emit: (3-28-23) i. Ten (10) tons per year (tpy) or more of any hazardous air pollutant, other than radionuclides, whic h has been listed pursuant to 42 U.S.C. Section 7412(b); provided that emissions from any oil or gas exploration o r production well (with its associated equipment) and emissions from any oil or gas pipeline compressor or pum p station must not be aggregated with emissions from other similar emission units within the facility; or (3-28-23) ii. Twenty-five (25) tpy or more of any combination of any hazardous air pollutants, other tha n radionuclides, which have been listed pursuant to 42 U.S.C. 7412(b); provided that emissions from any oil or ga s exploration or production well (with its associated equipment) and emissions from any oil or gas pipeline compresso r or pump station must not be aggregated with emissions from other similar emission units within the facility. (3-28-23) b. For non-attainment areas, the facility is located in: (3-28-23) i. A “serious” particulate matter (PM10 or PM2.5) nonattainment area and the facility has the potential to emit seventy (70) tpy or more of PM10 or PM2.5; (3-28-23) ii. A “serious” carbon monoxide nonattainment area in which stationary sources are significant contributors to carbon monoxide levels and the facility has the potential to emit fifty (50) tpy or more of carbon monoxide; (3-28-23) iii. An ozone transport region established pursuant to 42 U.S.C. Section 7511c and the facility has the potential to emit fifty (50) tpy or more of volatile organic compounds; or (3-28-23) iv

n monoxide nonattainment area in which stationary sources are significant contributors to carbon monoxide levels and the facility has the potential to emit fifty (50) tpy or more of carbon monoxide; (3-28-23) iii. An ozone transport region established pursuant to 42 U.S.C. Section 7511c and the facility has the potential to emit fifty (50) tpy or more of volatile organic compounds; or (3-28-23) iv. An ozone nonattainment area and, depending upon the classification of the nonattainment area, th e facility has the potential to emit the following amounts of volatile organic compounds or oxides of nitrogen; provide d that oxides of nitrogen are not included if the facility has been identified in accordance with 42 U.S.C. Sectio n 7411a(f)(1) or (2) if the area is “marginal” or “moderate,” one hundred (100) tpy or more, if the area is “serious,” fifty (50) tpy or more, if the area is “severe,” twenty-five (25) tpy or more, and if the area is “extreme,” ten (10) tpy o r more. (3-28-23) c. The facility emits or has the potential to emit one hundred (100) tons per year or more of an y regulated air pollutant. The fugitive emissions are not considered in determining whether the facility is major unles s the facility belongs to one (1) of the following categories: (3-28-23) i. Designated facilities. (3-28-23) ii. All other source categories regulated by 40 CFR Part 60, 61 or 63, but only with respect to those ai r pollutants that have been regulated for that category and only if determined by rule by the Administrator of EP A pursuant to Section 302(j) of the Clean Air Act. (3-28-23)