Title 12 - Definitions

Lane Regional Air Protection Agency

TITLE 12

Definitions

Section 12‑001 Definitions of Words and Terms Used in LRAPA Rules and Regulations

To aid in the understanding of these rules, the following definitions are provided.

· “Abate” means to eliminate the nuisance or suspected nuisance by reducing or managing the emissions using reasonably available practices. The degree of abatement will depend on an evaluation of all of the circumstances of each case and does not necessarily mean completely eliminating the emissions.

· "Acid Gases" means any exhaust gas which includes hydrogen chloride and sulfur dioxide.

· "Actual Emissions" means the mass rate of emissions of a pollutant from an emissions source during a specified time period.

A. For determining actual emissions as of the baseline period:

(1) Except as provided in paragraph (2), actual emissions equal the average rate at which the source actually emitted the pollutant during a baseline period and that represents normal source operation;

(2) The Authority presumes that the source-specific mass emissions limit included in a source’s permit that was effective on September 8, 1981 is equivalent to the source’s actual emissions during the baseline period if it is within 10 percent of the actual emissions calculated under paragraph (1).

(3) For any source that had not begun normal operation, actual emissions equal the potential to emit of the source.

B. For determining actual emissions for Emission Statements under OAR 340-214-0200 through 340-214-0220, and Oregon Title V Operating Permit Fees under OAR 340 Division 220, actual emissions include, but are not limited to, routine process emissions, fugitive emissions, excess emissions from maintenance, startups and shutdowns, equipment malfunction, and other activities, except categorically insignificant activities and secondary emissions.

C. For Oregon Title V Operating Permit Fees under OAR 340 Division 220, actual emissions must be directly measured with a continuous monitoring system or calculated using a material balance or verified emission factor in combination with the source’s actual operating hours, production rates, or types of materials, processed, stored, or combusted during the specified time period.

· "Adequately wet" means to sufficiently mix or penetrate asbestos-contain­ing material with liquid to prevent the release of particulate asbestos materi­als. The absence of visible emissions is not sufficient evidence of being adequately wet.

· "Adoption" means the carrying of a motion by the Board with regard to the subject matter or issues of an intended Authority action.

· "Aggregate Insignificant Emissions" means the annual actual emissions of any regulated air pollutant as defined in OAR 340-200-0020, for any Title V Operating Permit program source, including the usage of exempt mixtures, up to the lowest of the following applicable level:

A. one ton for each criteria pollutant;

B. 500 pounds for PM10 in a PM10 nonattainment area;

C. 120 pounds for lead;

D. the lesser of the amount established in OAR 340-244-0230, Table 3, or 1,000 pounds for each Hazardous Air Pollutant;

E. an aggregate of 5,000 pounds for all Hazardous Air Pollutants.

· "Agricultural open burning" means the open burning of "agricultural wastes," which are materials actually generated by an agricultural opera­tion but excluding those materials described in Section 47‑015‑1.E.

· "Agricultural operation" means an activity on land currently used or intended to be used primarily for the purpose of obtaining a profit in money by raising, harvesting and selling crops or by the raising and sale of lives­tock or poultry, or the produce thereof, which activity is necessary to serve that pur­pose. It does not include the construction and use of dwell­ings customari­ly provided in conjunction with the agricultural opera­tion.

· “Agricultural waste” means any material actually generated or used by an agricultural operation but excluding those materials described in Section 47-015-1.E.

· "Air Contaminant" means solid, liquid or gaseous materials suspended in the ambient air.  This does not include water vapor.

· "Air Contaminant Discharge Permit" means a written permit issued by the Authority in accordance with duly adopted procedures, which by its condi­tions authorizes the permittee to construct, install, modify or operate specified facilities, conduct specified activities, or emit, discharge or dispose of air contaminants in accordance with specified practices, limita­tions, or prohibi­tions.

· “Air Contaminant Source” means any building, structure, or facility, or combination thereof, which emits or is capable of emitting air contaminants to the atmosphere, and is located on one or more contiguous or adjacent properties, and is owned or operated by the same person or by persons under common control. This includes all of the pollutant emitting activities which belong to the same industrial grouping, or major group (i.e., which have the same two-digit code) as described in EPA’s Standard Industrial Classification (SIC) manual (U.S. Office of Management and Budget, 1987). This definition does not include fuel-burning equipment used to heat one- or-two-family dwellings or internal combustion engines used in motor vehicles, aircraft, and marine vessels enroute to or from a source.

· "Air Conveying System" means an air moving device such as a fan or blower, and associated ductwork, and a cyclone or other collection device, the purpose of which is to move material from one point to another by entrainment in a moving airstream.  It does not include particle dryers.

· "Air Pollution" means the presence in the outdoor atmosphere of one or more air contaminants, or any combination thereof, in sufficient quanti­ties and of such characteristics and of a duration as are, or are likely to be, injurious to the public welfare, to the health of human, plant or animal life or to property , or which unreasonably interfere with enjoyment of life and property.

· "Air Pollution Control Equipment" means any equipment which has as its essential purpose a reduction in the emissions of air contaminants, or a reduction in the effect of such emissions.

· "Air Quality Maintenance Area (AQMA)" means any area that has been iden­tified by the Authority or the Department, and approved by the Board or the Commission, as having the potential for exceeding any federal, state or local ambient air quality standard.

· "Air Quality Maintenance Area (AQMA) Analysis" means an analysis of the impact on air quality in an AQMA of emissions from existing air con­tamina­nt sources and emissions associated with projected growth and development.

· "Aircraft Operation" means any aircraft landing or takeoff.

· "Airport" means any area of land or water which is used or intended for use for the landing and takeoff of aircraft, or any appurtenant areas, facili­ties, or rights‑of‑way, such as terminal facilities, parking lots, roadways, and aircraft maintenance and repair facilities.

· "Ambient Air" means the air that surrounds the earth to which the general public has access, excluding the volume of gases contained within any building or struc­ture.

· "Ambient Air Monitoring Site Criteria" means the general probe siting specifications in Appendix E of 40 CFR 58.

· “Applicable State Implementation Plan” and “Plan” refer to the programs and rules of the Department or the Authority, as approved by the EPA, or any EPA-promulgated regulations (see 40 CFR Part 52, Subpart MM).

· "Asbestos" means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cumingtonite-grunerite (amosite), anthophyl­lite, actinolite and trimolite.

· "Asbestos abatement project" means any demolition, renovation, repair, construc­tion or maintenance activity of any public or private facility that involves the repair, enclosure, encapsulation, removal, salvage, handling or disposal of any material with the potential of releasing asbestos fibers from asbestos-containing material into the air. Note: An asbestos abate­ment project is not considered to be a source under 43-010-2 through 43-010-6. Emergency fire fight­ing is not an asbestos abatement project.

· "Asbestos-containing material" means asbestos or any material contain­ing at least 1% asbestos by weight, including particulate asbestos material.

· "Asbestos-containing waste material" means any waste which contains asbestos tailings or any com­mercial asbestos and is generated by a source subject to the provi­sions of this subsec­tion, including but not limit­ed to asbes­tos mill tailings, control device asbestos waste, friable asbestos waste material, asbestos abatement project waste and bags or containers that previous­ly contained commercial asbestos.

· "Asbestos manufacturing operation" means the combining of commercial asbestos, or in the case of woven friction products, the combining of textiles containing commercial asbestos with any other material(s) includ­ing commercial asbestos, and the processing of this combination into a product as specified in Section 43-015-3.

· "Asbestos mill" means any facility engaged in the conversion or any inter­mediate step in the conversion of asbestos ore into commercial asbestos.

· "Asbestos tailings" means any solid waste product of asbestos mining or milling operations which contains asbestos.

· "Asbestos waste generator" means any person performing an asbestos abatement project or any owner or operator of a source subject to 43-005 through 43-015 whose act or process generates asbestos-containing waste material.

· "Asbestos waste shipment record" means the shipment document, required to be originated and signed by the asbestos waste generator, used to track and substantiate the disposition of asbestos-containing waste material.

· "Approved Method" means an analytical method for measuring air contam­inant concentrations which are described or referenced in Appen­dices to 40 CFR 50 and 40 CFR 53. These methods are approved by the Authori­ty.

· "Assessable Emission" means a unit of emissions for which the major source will be assessed a fee. It includes an emission of a pollutant defined in LRAPA 35-010 from one emission point or from an area within a major source. For routine process emissions, emissions of each pollutant in LRAPA 35-010 from each emission point, included in an air contami­nant discharge permit, shall be an assessable emission.

· "Associated Parking" means a discrete parking facility or facilities owned, operated and/or used in conjunction with an indirect source.

· "ASTM" means the American Society for Testing Materials.

· "Authority" means the Lane Regional Air Protection Agency.

· “Authority Administering SIP,” where found in the federal rule, means the Authority, the Department, or the EPA.

· "Authority-Approved Method" means any method of sampling and analyzing for an air contaminant approved by the Authority. These methods are listed in the state Department of Environmental Quality's Source Sam­pling Manual.

· “Automobile” means any self-propelled motor vehicle used for transporting persons or commodities on public roads.

· "Auxiliary Combustion Equipment" includes, but is not limited to, fans or air curtain incinerators.

· "Average Daily Traffic" means the total traffic volume during a given time period in whole days greater than one day and less than one year, divided by the number of days in that time period, commonly abbreviat­ed as ADT.

· "Average Operating Opacity" means the opacity of emissions determined using EPA method 9 on three days within a 12-month period which are separated from each other by at least 30 days. A violation of the average operating opacity limitation is judged to have occurred if the opacity of emissions on each of the three days is greater than the specified average operating opacity limitation.

· "Baseline concentration" means that ambient concentration level for a par­ticular regulated pollutant which existed in an area during the calendar year 1978.  If no ambient air quality data is available in an area, the baseline concentration for any pollutant may be estimated using modeling based on actual emissions for the calendar year 1978.  Actual emissions increases or decreases occurring before January 1, 1978 will be included in the baseline con­centration.

· "Baseline Emission Rate" means the average actual emission rate during the baseline period. Baseline emission rate shall not include increases due to voluntary fuel switches or increased hours of operation that have occurred after the baseline period.

· "Baseline Period" means either calendar years 1977 or 1978. The Authority shall allow the use of a prior time period upon a determina­tion that it is more representative of normal source operation.

· "Begin Actual Construction" means to begin to engage in a continuous program of on-site construction or on-site modification, including site clearing, grading, dredging, or landfilling in preparation for the fabrication, erection, installation or modification of a source.

· "Beryllium" means the element beryllium.  Where weight or con­centra­tions are specified in these Rules, such weights or con­centrations apply to beryllium only, excluding any associated elements.

· "Beryllium Alloy" means any metal to which beryllium has been added in order to increase its beryllium content, and which contains more than one‑tenth of one percent (0.1 %) beryllium by weight.

· "Beryllium-Containing Waste" means any material contaminated with berylli­um and/or beryllium compounds used or generated during any process or operation performed by a source subject to these rules.

· "Beryllium ore" means any naturally occurring material mined or gathered for its beryllium content.

· "Best Available Control Technology (BACT)" means an emission limitation (including a visible emission standard) based on the maximum degree of reduction of each air contaminant subject to regulation under the Clean Air Act which would be emitted from any proposed major source or major modifica­tion which, on a case‑by‑case basis, taking into account energy, environmen­tal, and economic impacts and other costs, is achiev­able for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such air contaminant. In no event shall the application of BACT result in emis­sions of any air contaminant which would exceed the emissions allowed by any applicable new source perfor­mance standard or any standard for hazar­dous air pollutants. If an emission limitation is not feasible, a design, equipment, work prac­tice, or operational standard, or combination thereof, may be required. Such standard shall, to the degree possible, set forth the emission reduc­tion achievable and shall provide for compliance by prescrib­ing ap­propriate permit conditions.

· "Biological Waste," includes blood and blood products, excretions, exudates, secretions, suctionings and other body fluids that cannot be directly discarded into a municipal sewer system, and waste materials saturated with blood or body fluids, but does not include diapers soiled with urine or feces (see also "infectious waste").

· "BLS" means Black Liquor Solids, dry weight.

· "Board" means the Board of Directors of the Lane Regional Air Pollu­tion Authority.

· “Board Products” means hardwood, particleboard, plywood, and veneer.

· "Calculated Emission" means actual emissions estimated using Authority-approved procedures.

· "Categorically Insignificant Activity" means any of the following listed pollutant emitting activities principally supporting the source or the major industrial group. Categorically insignificant activities must comply with all applicable requirements.

A. constituents of a chemical mixture present at less than 1% by weight of any chemical or compound regulated under OAR Chapter 340, Divisions 200 through 268, or less than 0.1% by weight of any carcinogen listed in the U. S. Department of Health and Human Service's Annual Report on Carcino­gens when usage of the chemical mixture is less than 100,000 pounds/year.

B. evaporative and tail pipe emissions from on-site motor vehicle operation;

C. distillate oil, kerosene, and gasoline fuel burning equipment rated at less than or equal to 0.4 million Btu/hr;

D. natural gas and propane burning equipment rated at less than or equal to 2.0 million Btu/hr;

E. office activities;

F. food service activities;

G. janitorial activities;

H. personal care activities;

I. groundskeeping activities including, but not limited to building painting and road and parking lot maintenance;

J. on-site laundry activities;

K. on-site recreation facilities;

L. instrument calibration;

M. maintenance and repair shop;

N. automotive repair shops or storage garages;

O. air cooling or ventilating equipment not designed to remove air contami­nants generated by or released from associated equipment;

P. refrigeration systems with less than 50 pounds of charge of ozone depleting substances regulated under Title VI, including pressure tanks used in refrigeration systems but excluding any combustion equipment associated with such systems;

Q. bench scale laboratory equipment and laboratory equipment used exclusively for chemical and physical analysis, including associated vacuum producing devices but excluding research and development facilities;

R. temporary construction activities;

S. warehouse activities;

T. accidental fires;

U. air vents from air compressors;

V. air purification systems;

W. continuous emissions monitoring vent lines;

X. demineralized water tanks;

Y. pre-treatment of municipal water, including use of deionzed water purification systems;

Z. electrical charging stations;

AA. fire brigade training;

BB. instrument air dryers and distribution;

CC. process raw water filtration systems;

DD. pharmaceutical packaging;

EE. fire suppression;

FF. blueprint making;

GG. routine maintenance, repair, and replacement such as anticipated activities most often associated with and performed during regular­ly scheduled equipment outages to maintain a plant and its equip­ment in good operating condition, including but not limited to steam cleaning, abrasive use, and woodworking;

HH. electric motors;

II. storage tanks, reservoirs, transfer and lubricating equipment used for ASTM grade distillate or residual fuels, lubricants, and hydrau­lic fluids;

JJ. on-site storage tanks not subject to any New Source Performance Stan­dards (NSPS), including underground storage tanks (UST), storing gasoline or diesel used exclusively for fueling of the facility's fleet of vehicles;

KK. natural gas, propane, and liquefied petroleum gas (LPG) storage tanks and transfer equipment;

LL. pressurized tanks containing gaseous compounds;

MM. vacuum sheet stacker vents;

NN. emissions from wastewater discharges to publicly owned treatment works (POTW) provided the source is authorized to discharge to the POTW, not including on-site wastewater treatment and/or holding facilities;

OO. log ponds;

PP. storm water settling basins;

QQ. fire suppression and training;

RR. paved roads and paved parking lots within an urban growth boundary;

SS. hazardous air pollutant emissions of fugitive dust from paved and unpaved roads except for those sources that have processes or activities that contribute to the deposition and entrainment of hazardous air pollutants from surface soils;

TT. health, safety, and emergency response activities;

UU. emergency generators and pumps used only during loss of primary equipment or utility service;

VV. non-contact steam vents and leaks and safety and relief valves for boiler steam distribution systems;

WW. non-contact steam condensate flash tanks;

XX. non-contact steam vents on condensate receivers, deaerators and similar equipment;

YY. boiler blowdown tanks;

ZZ. industrial cooling towers that do not use chromium-based water treatment chemicals;

AAA. ash piles maintained in a wetted condition and associated handling systems and activities;

BBB. oil/water separators in effluent treatment systems;

CCC. combustion source flame safety purging on startup;

DDD. broke beaters, pulp and repulping tanks, stock chests and pulp handling equipment, excluding thickening equipment and repulpers;

EEE. stock cleaning and pressurized pulp washing, excluding open stock washing systems; and

FFF. white water storage tanks.

· "Chair" means the chairperson of the Board of Directors of the Lane Regional Air Protection Agency.

· "Charcoal Producing Plant" means an industrial operation which uses the destructive distillation of wood to obtain the fixed carbon in the wood.

· "Chlorofluorocarbons (CFC)" includes:

A. CFC-11 (trichlorofluoromethane);

B. CFC-12 (dichlorodifluoromethane);

C. CFC-113 (trichlorotrifluoroethane);

D. CFC-114 (dichlorotetrafluoroethane); and

E. CFC-115 ((mono)chloropentafluoroethane).

· "Class I Area" means any federal, state, or Indian reservation land which is so classified. For the State of Oregon, these are as fol­lows:

A. Mt. Hood Wilderness;

B. Eagle Cap Wilderness;

C. Hells Canyon Wilderness;

D. Mt. Jefferson Wilderness;

E. Mt. Washington Wilderness;

F. Three Sisters Wilderness;

G. Strawberry Mountain Wilderness;

H. Diamond Peak Wilderness;

I. Crater Lake National Park;

J. Kalmiopsis Wilderness;

K. Mountain Lake Wilderness;

L. Gearhart Mountain Wilderness.

· “Class I Equivalent” or “Equivalent,” as used in Title 15, is used only for the purposes of determining the value of the “P” factor in the civil penalty formula, and means three Class II (two) violations, one Class II and two Class III (three) violations, or three Class III Violations.

· "Collection Efficiency" means the overall performance of the air cleaning device in terms of ratio of weight of material collected to total weight of input to the collector, unless specific size fractions of the contaminant are stated or required.

· "Combustion Promoting Materials" include, but are not limited to, propane, diesel oil, or jellied diesel.

· "Commence Construction" means to begin to engage in a continuous program of on‑site construction or on‑site modification, including site clear­ing, grading, dredging, or landfilling in preparation for the fabrica­tion, erection, installation or modifica­tion of a source; or entry into binding agreements or contractual obligations which cannot be canceled or modified without substantial loss to the owner or operator.

· "Commence Construction," as used in Title 20, means to begin to engage in a continuous program of on-site construction or on-site modifications, including site clearance, grading, dredging, or landfilling in prepartion for the fabrication, erection, installation or modification of an indirect source. Interruptions and delays resulting from acts of God, strikes, litigation or other matters beyond the control of the owner shall be disregarded in determining whether a construction or modification program is continuous.

· "Commercial Area" means land which is zoned or used for commercial opera­tions including retail sales and services.

· "Commercial asbestos" means any variety of asbestos which is pro­duced by extracting asbestos from asbestos ore.

· "Commercial Open Burning" means the open burning of "commer­cial wastes," which are materials actually generated or used by a commer­cial opera­tion.

· "Commission" means the Environmental Quality Commission.

· "Compliance" means meeting the requirements of the Authority's or Depart-ment's, Commis­sion's or EPA's rules, permits or orders.

· "Constant Process Rate" means the average variation in process rate for the calendar year is not greater than plus or minus ten percent of the average process rate.

· "Construction" means any physical change including fabrica­tion, erec­tion, installation, or modification of a facility, building or emis­sion unit; or change in method of operation of a source which would result in a change in actual emissions.

· "Construction Open Burning" means the open burning of "construction wastes," which are materials actually resulting from or produced by a building or construction project.

· "Contested Case" means a proceeding before the Board or a Hearings Officer:

A. In which the individual legal rights, duties or privi­leges of specific parties are required by statute or Constitution to be deter­mined only after an agency hearing at which such specific parties are entitled to appear and be heard; or

B. Where the Authority has discretion to suspend or revoke a right or privilege of a person; or

C. For the suspension, revocation or refusal to renew or issue a permit where the licensee or applicant for a license demands such hearing; or

D. Where Authority rule or order provides for hearing substantially of the character required by ORS 183.415, 183.425 and 183.450 to 183.470.

· "Contingency Requirements" means the requirements of Sections 39-001 through 39-060.

· "Continual Monitoring" means sampling and analysis, in a continuous or timed sequence, using techniques which will adequately reflect actual emission rates or concentrations on a continuous basis.

· "Continuous Emissions Monitoring" means a monitoring system for continu­ously measuring the emissions of a pollutant from an affected incinera­tor. Continuous monitoring equipment and operation shall be certified in accor­dance with EPA performance specifications and quality assurance procedures outlined in 40 CFR 60, Appendices B and F, and the Department's CEM Manual.

· “Continuous Monitoring,” as used in 33-070, means instrumental sampling of a gas stream on a continuous basis, excluding periods of calibration.

· "Continuous Monitoring Systems" means sampling and analysis, in a timed sequence, using techniques which will adequately reflect calculated emis­sions and actual emission levels or concentrations on a continuing basis, in accordance with the Department's Continuous Monitoring Manual, and includes continuous emission and parameter monitoring systems.

· "Crematory Incinerator" means an incinerator used solely for the cremation of non-pathological human and non-pathological animal remains.

· "Cultures and stocks" includes etiologic agents and associated biologicals, including specimen cultures and dishes and devices used to transfer, inoculate and mix cultures, wastes from production of biologicals, and serums and discarded live and attenuated vaccines. "Cultures" does not include throat and urine cultures (see also "infectious waste".

· "Daily Arithmetic Average" means the average concentration over the twenty-four hour period in a calendar day, or Authority-approved equivalent period, as determined by continuous monitoring equipment or reference method testing. Determinations based on EPA reference methods or equivalent methods in accordance with the Department Source Test Manual consist of three (3) separate consecutive runs having a minimum sampling time of sixty (60) minutes each and a maximum sampling time of eight (8) hours each. The three values for concentration (ppm or grains/dscf) are averaged and expressed as the daily arithmetic average which is used to determine compliance with process weight limitations, grain loading or volumetric concentration limitations and to determine daily emission rate.

· "Debris Clearing" means the removal of wood, trees, brush or grass in preparation for a land improvement or construc­tion project.

· "Demolish" or "Demolition" means the wrecking or removal of any load-supporting struc­tural member of a facility together with any related han­dling opera­tions or the intentional burning of any facility.

· "Demolition Open Burning" means the open burning of "Demoli­tion Wastes," which are materials actually resulting from or produced by the complete or partial destruction or tearing down of a man‑made structure or the clearing of any site to abate a nuisance, or land clearing for site preparation for develop­ment.

· "Department" means the Oregon Department of Environmental Quality.

· "Design Criteria" means the numerical as well as narrative description of the basis of design including, but not necessarily limited to, design flow rates, temperatures, humidities, descrip­tions of the types and chemical species of contaminants, uncontrolled and expected controlled mass emission rates and concentrations, scopes of any vendor-supplied and owner-supplied equipment and utilities, and a description of any opera­tional controls.

· "Dioxins and Furans" means total tetra- through octachlorinated dibenzo-p-dioxins and dibenofurans.

· "Director" means the Director of the Lane Regional Air Protection Agency and authorized deputies or officers.

· "Distillate Fuel Oil" means any oil meeting the speci­fications of ASTM Grade 1 or Grade 2 fuel oils.

· "Documented Violation" means any violation which the Authority or other government agency records after observation, investiga­tion or data collec­tion.

· "Dry Material" includes, but is not limited to, dried wood, feed, seed, or other materials.

· "Dry Standard Cubic Foot" means the amount of gas, free of uncombined water, that would occupy a volume of 1 cubic foot at standard condi­tions. When applied to combustion flue gases from waste or refuse burning, "Standard Cubic Foot (SCF)" means adjustment of gas volume to that which would result at a concentration of 7% oxygen (dry basis).

· “Dusts” means minute solid particles released into the air by natural forces or by mechanical processes such as crushing, grinding, milling, drilling, demolishing, shoveling, conveying, covering, bagging, or sweeping.

· "Emission" means a release into the ambient air of air contaminants.

· "Emission Estimate Adjustment Factor (EEAF)" means an adjustment applied to an emission factor to account for the relative inaccuracy of the emission factor.

· "Emission Factor" means an average value which relates the quantity of a pollutant released to the atmosphere with the activity associated with the release of that pollutant.

· "Emission Limitation" means a requirement established by LRAPA, local government, the State of Oregon DEQ or the U. S. EPA, which limits the quantity, rate or concentration of emissions of air pollutants on a continu­ous basis. This includes requirements on opacity limits, equipment pre­scriptions, fuel specifications, and operation and main­tenance procedures.

· "Emission Point" means the location, place in horizontal plane and vertical elevation at which an emission enters the outdoor atmosphere.

· "Emission Reduction Credit Banking" means to reserve emission reduc­tions for future use by the reserver or assignee.

· "Emission Reporting Form" means a paper or electronic form developed by the Authority that shall be completed by the permittee to report calculated emissions or permitted emissions for interim emission fee assessment purposes.

· "Emission Standard" is the same as "Emission Limitation".

· "Emission Unit" means any part of a source (including specific process equipment) which emits or would have the potential to emit any air contami­nant subject to regulation under the Clean Air Act, State of Oregon laws, or these regula­tions.

· "Enforcement" means any documented action taken to address a violation.

· "EPA" means the United States Environmental Protection Agency.

· "EPA Method 9" means the method for Visual Determination of the Opacity of Emissions From Stationary Sources as promulgated by the U.S. Environ­mental Protection Agency in Title 40 of the Code of Federal Regulations, Part 60, Appendix A, Method 9.

· "Eugene/Springfield Air Quality Maintenance Area" means that area described in Section 4.6.2.1 and Figure 4.6.2.1‑‑1 of the State of Oregon State Implementa­tion Plan Revision, Eugene/S­pringfield AQMA, as approved by the Board on November 6, 1980.

· "Eugene-Springfield Urban Growth Boundary (ESUGB)" means the area within and around the cities of Eugene and Springfield, as described in the currently acknowledged Eugene-Springfield Metropolitan Area General Plan, as amended.

· "Event" means any period of excess emissions.

· "Excess Emissions" means emissions which are in excess of an Air Contami­nant Discharge Permit or any applicable air quality rule.

· "Existing Source" means any air contaminant source construct­ed prior to the date of adoption of rules affecting that source.

· "Expressway" means a divided arterial highway for through traffic with full or partial control of access and generally with grade separations at major intersections.

· "Fabricating" means any processing (e.g., cutting, sawing, drilling) of a manufactured product that contains commercial asbestos, with the exception of processing at temporary sites (field fabricating) for the construction or restoration of facilities. In the case of friction products, fabricat­ing includes bonding, debonding, grinding, sawing, drilling, or other similar operations performed as part of fabricating.

· "Facility" means all or part of any public or private building, struc­ture, installation, equipment, or vehicle or vessel including but not limited to ships.

· "Federal Land Manager" means, with respect to any lands in the United States, the Secretary of the federal department with authority over such lands.

· "Federal Operating Permit Program" means a program approved by the EPA Administrator under 40 CFR Part 70 (last amended by 57 FR 32295, July 21, 1992). The rules and regulations which shall apply until superseded by LRAPA rules and regulations are OAR 340-28-2100 through 340-28-2320 and 340-28-2560 through 340-28-2740, and all of OAR 340-32.

· "Filing" or "filed" means receipt in the office of the Director. Such receipt is adequate where filing is required for a document on a matter before the Authority, except a claim of personal liability.

· "Fire Hazard" means the presence or accumulation of combus­tible mate­rial of such nature and in sufficient quantity that its continued existence consti­tutes an imminent and substan­tial danger to life, property, public welfare, or to adjacent lands.

· "Fire Permit Issuing Agency" means any governmental fire permit issu­ing agency, such as city fire department, rural fire protection dis­trict, water district, forest protection district or county court or board of county commissioners or their designated representative, as applicable.

· "Flagrant" means any documented violation where the respondent had actual knowledge of the law and consciously set out to commit the violation.

· “Forest Slash Open Burning” means burning of vegetative debris and refuse on forest land related to the growing and/or harvesting of forest tree species where there is no change in the use of the land from timber production. Forest slash open burning does not include burning for commercial or individual use, or for any other type of land clearing not related to the growing and harvesting or forest tree species.

· "Formal Enforcement Action" means an administrative action signed by the Director or authorized representative which is issued to a respondent for a documented violation. A formal enforcement action may require the respon­dent to take specific action within a specified time frame and/or state the conse­quences for continued non-compliance.

· "Freeway" means an expressway with full control of access.

· "Friable asbestos material" means any asbestos-containing material that hand pressure can crumble, pulverize or reduce to powder when dry.

· “Fuel Moisture Content by Weight Greater Than 20%” means bark, hogged wood waste, or other wood with an average moisture content of more than 20 percent by weight on a wet basis as used for fuel in the normal operating of a wood-fired veneer dryer as measured by ASTM D4442-84 during compliance source testing.

· “Fuel Moisture Content by Weight Less Than 20%” means pulverized ply trim, sanderdust, or other wood with an average moisture content of 20 percent or less by weight on a wet basis as used for fuel in the normal operations of a wood-fired veneer dryer as measured by ASTM D4442-04 during compliance source testing.

· "Fugitive Emissions," means emissions of any air contaminant which escapes to the ambient air from any point or area that is not identifiable as a stack, vent, duct, or functionally equivalent opening.

· "Full-scale asbestos abatement project" means any asbestos abatement project which is intended to prevent the release of asbestos fibers into the air and which is not classified as a "small-scale asbestos abatement project."

· "Garbage" means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and serving of food.

· "Gasoline" means any petroleum distillate having a Reid vapor pressure of four (4) pounds per square inch or greater.

· "General Arrangement," in the context of the compliance schedule require­ments in this division, means drawings or reproductions which show, as a minimum, the size and location of equipment served by the emission-control system, the location and elevation above grade of the ultimate point of contaminant emission to the atmosphere, and the diameter of the emission vent.

· "Growth Increment" means an allocation of some part of an airshed's capacity to accommodate future new minor sources, modifications of minor sources, and area source growth.

· "Hardboard" means a flat panel made from wood that has been reduced to basic wood fibers and bonded by adhesive properties under pressure.

· "Hazardous Air Contaminant" means any air con­taminant considered by the Authority or Department to cause or contribute to an identifi­able and signific­ant increase in mortality or to an increase in serious irreversible or incapacitating reversible illness and for which no ambient air stan­dard exists.

· "Hazardous Waste" means a hazardous waste as defined in 40 CRF 261.3.

· "HEPA filter" means a high-efficiency particulate air filter capable of filtering 0.3 micrometer particles with 99.97 percent efficiency.

· "Highway Section" means a highway of substantial length between logi­cal termini (major crossroads, population centers, major traffic generators, or similar major highway control elements) as normally included in a single location study or multi‑year highway improvement program.

· “Hot Mix Asphalt Plant” means those facilities and equipment which convey or batch load proportioned quantities of cold aggregate to a drier, and heat, dry, screen, classify, measure, and mix the aggregate with asphalt for purposes of paving, construction, industrial, residential, or commercial use.

· "Immediately," as relates to notifying LRAPA of episodes of excess emis­sions, means one of the following:

A. During LRAPA's normal work hours, 8:00 a.m. to 5:00 p.m. Monday through Friday, report is to be made as soon as possible but no more than one (1) hour after the beginning of the excess emissions; or

B. During LRAPA's off-duty hours or on weekends or holidays, report is to be made as soon as possible but no more than one (1) hour after the beginning of the excess emissions, using LRAPA's electronic telephone answering equipment. If the person reporting the incident is unable to access the telephone answering equipment because of overloaded telephone circuits or telephone equipment malfunction, the report must be made to the LRAPA business office at the begin­ning of the next working day.

· "Inactive asbestos waste disposal site" means any disposal site where the operator has allowed the Department's solid waste permit to lapse, has gone out of business, or no longer receives asbestos-containing waste.

· "Incineration Operation" means any operation in which combustion is carried on in an incinerator, for the principal purpose or with the principal result, of oxidizing wastes to reduce their bulk and/or facilitate disposal.

· "Incinerator" means a combustion device specifically for destruction, by high temperature burning, of solid, semi‑solid, liquid, or gaseous com­bustible wastes.  This does not include devices such as open or screened barrels, drums, or process boilers.

· "Indirect Source" means a facility, building, structure, installation, or any portion or combina­tion thereof, which indirect­ly causes or may cause mobile source activity that results in emissions of an air con­taminant for which there is a federal, state or local standard.  Such Indirect Sources shall include, but shall not be limited to:

A. Highways and roads;

B. Parking facilities;

C. Retail, commercial and industrial facilities;

D. Recreation, amusement, sports and entertainment facil­ities;

E. Airports;

F. Office and government buildings;

G. Apartment and mobile home parks;

H. Educational facilities;

I. Hospital facilities; and

J. Religious facilities.

· "Indirect Source Construction Permit" means a written permit in letter form issued by the Authority, bearing the signature of the Director, which authorizes the permittee to commence construction of an indirect source, under construction and operation conditions and schedules as specified in the permit.

· "Indirect Source Emission Control Program (ISECP)" means a program which reduces mobile source emissions resulting from the use of the Indirect Source. An ISECP may include, but is not limited to:

A. Posting transit route and scheduling information.

B. Construction and maintenance of bus shelters and turnout lanes.

C. Maintaining mass transit fare reimbursement programs.

D. Making a car pool matching system available to employees, shoppers, students, residents, etc.

E. Reserving parking spaces for car pools.

F. Making parking spaces available for park-and-ride stations.

G. Minimizing vehicle running time within parking lots through the use of sound parking lot design.

H. Ensuring adequate gate capacity by providing for the proper number and location of entrances and exits and optimum signalization for such.

I. Limiting traffic volume so as not to exceed the carrying capacity of roadways.

J. Altering the level of service at controlled intersections.

K. Obtaining a written statement of intent from the appropriate public agency(s) on the disposition of roadway improvements, modifications, and/or additional transit facilities to serve the individual source.

L. Construction and maintenance of exclusive transit ways.

M. Providing for the collection of air quality monitoring data at Reasonable Receptor and Exposure Sites.

N. Limiting facility modifications which can take place without resubmission of a permit application.

· "Industrial Area" means land which is zoned or used for industrial opera­tions, including manufacturing.

· "Industrial Open Burning" means the open burning of "in­dustrial wastes," which are materials produced as a direct result of any manu­facturing or industrial process.

· "Infectious Waste" means waste which contains or may contain any disease-producing microorganism or material including, but not limited to, biologi­cal waste, cultures and stocks, pathological waste, and sharps (see individ­ual definitions for these terms).

· "Infectious Waste Incinerator" means an incinerator which is operated or utilized for the disposal or treatment of infectious waste, including combustion for the recovery of heat.

· "Intentional," means conduct by a person with a conscious objective to cause the result of the conduct.

· "Interim Emission Fee" means $13 per ton for each assessable emission subject to emission fees under LRAPA 35-010 for calculated or permitted emissions released during calendar years 1991 and 1992.

· "Interim storage of asbestos-containing material" means the storage of asbestos-containing waste material which has been placed in a container outside a regulated area until transported to an authorized landfill.

· "Kraft Mill" or "Mill" means any industrial operation which uses for a cooking liquor an alkaline sulfide solution containing sodium hydroxide and sodium sulfide in its pulping process.

· "Land Clearing" means the removal of trees, brush, logs, stumps, debris or man‑made structures for the purpose of site clean‑up or site prepara­tion for construction.

· "Late Payment" means an interim emission fee which is postmarked after the due date.

· "Leaves" means needle or leaf materials which have fallen from trees, shrubs, or plants on the property around a dwelling unit.

· "Lime Kiln" means any production device in which calcium carbonate is thermally converted to calcium oxide.

· "Lowest Achievable Emission Rate (LAER)" means that rate of emissions which reflects:

A. The most stringent emission limitation which is contained in the imple­mentation plan of any state for such class or category of source, unless the owner or operator of the proposed source demon­strates that such limitations are not achievable, or

B. The most stringent emission limitation which is achieved in practice by such class or category of source, whichever is more stringent.

In no event shall the application of this term allow a proposed new or modified source to emit any air contaminant in excess of the amount allow­able under applicable new source perfor­mance standards or standards for hazardous air pollutants.

· “LRAPA” means the Lane Regional Air Protection Agency, a regional air quality control authority.

· "Magnitude of the Violation" means the extent of a violator's deviation from federal, state and the Authority's statutes, rules, standards, permits or orders. In determining magnitude, the Authority shall consider avail­able information, including such factors as concentration, volume, percent­age, duration, toxicity, and the extent of the effects of the violation. In any case, the Authority may consider any single factor to be conclusive. Devia­tions shall be categorized as major, moder­ate or minor.

· "Major Modification" means any physical change or change of opera­tion of a source that would result in a net significant emission rate increase (as defined in this section) for any pollutant subject to regulation under the Clean Air Act.  This criteria also applies to any pollutants not previous­ly emitted by the source.  Calculations of net emission increases must take into account all accumulated increases and decreases (not including mandated decreases) in actual emis­sions occurring at the source since January 1, 1978, or since the time of the last major source or major modification approval issued for the source pursuant to the rules for that pollutant, whichever time is more recent. If accumu­lation of emission increases results in a net significa­nt emis­sion rate increase, the modifica­tions causing such increases become sub­ject to the major modifica­tion requirements of this title, including the retrofit of required controls.  For the purposes of this title, fugi­tive emissions shall be included in the calcula­tion of emission rates of all air con­taminants.  Fugitive emis­sions are subject to the same control require­ments and analyses required for emissions from identifiable stacks or vents.  Secondary emissions shall not be included in calculations of potential emissions which are made to determine if a proposed source or modification is major.  Once a source or modification is identified as being major, secondary emissions must be added to the primary emissions and become subject to these rules.

· "Major Source"means:

A. Except as provided in subsection (b), means a source that emits, or has the potential to emit, any regulated air pollutant at a Significant Emission Rate. This includes emissions from insignificant activities.

B. As used in OAR 340 division 210, Stationary Source Notification Requirements, OAR 340 division 218, Rules Applicable to Sources Required to Have Oregon Title V Operating Permits OAR 340 division 220, Oregon Title V Operating Permit Fees, and OAR 340-216-0066 Standard ACDPs, means any stationary source (or any group of stationary sources that are located on one 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 or supporting the major industrial group and that is described in paragraphs (A), (B), or (C) of this subsection. For the purposes of this subsection, a stationary source or group of stationary sources is 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 (U.S. Office of Management and Budget, 1987) or support the major industrial group.

(1) A major source of hazardous air pollutants, which means:

(a) For pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10 tons per year (tpy) or more of any hazardous air pollutants that has been listed pursuant to OAR 340-244-0040; 25 tpy or more of any combination of such hazardous air pollutants, or such lesser quantity as the Administrator may establish by rule. Emissions from any oil or gas exploration or production well, along with its associated equipment, and emissions from any pipeline compressor or pump station will 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

(b) For radionuclides, "major source" will have the meaning specified by the Administrator by rule.

(2) A major stationary source of air pollutants, as defined in section 302 of the Act, that directly emits or has the potential to emit 100 tpy or more of any regulated air pollutant, including any major source of fugitive emissions of any such pollutant. The fugitive emissions of a stationary source are not 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 of the following categories of stationary source:

(a) Coal cleaning plants (with thermal dryers);

(b) Kraft pulp mills;

(c) Portland cement plants;

(d) Primary zinc smelters;

(e) Iron and steel mills;

(f) Primary aluminum ore reduction plants;

(g) Primary copper smelters;

(h) Municipal incinerators capable of charging more than 50 tons of refuse per day;

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

(j) Petroleum refineries;

(k) Lime plants;

(l) Phosphate rock processing plants;

(m) Coke oven batteries;

(n) Sulfur recovery plants;

(o) Carbon black plants (furnace process);

(p) Primary lead smelters;

(r) Fuel conversion plants;

(s) Sintering plants;

(t) Secondary metal production plants;

(u) Chemical process plants;

(v) Fossil-fuel boilers, or combination thereof, totaling more than 250 million British thermal units per hour heat input;

(w) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(x) Taconite ore processing plants;

(y) Glass fiber processing plants;

(z) Charcoal production plants;

(aa) Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; or

(bb) All other stationary source categories regulated by a standard promulgated under section 111 or 112 of the Act, but only with respect to those air pollutants that have been regulated for that category.

(3) A major stationary source as defined in part D of Title I of the Act, including:

(a) For ozone nonattainment areas, sources with the potential to emit 100 tpy or more of VOCs or oxides of nitrogen in areas classified as "marginal" or "moderate," 50 tpy or more in areas classified as "serious," 25 tpy or more in areas classified as "severe," and 10 tpy or more in areas classified as "extreme"; except that the references in this paragraph to 100, 50, 25, and 10 tpy of nitrogen oxides do not apply with respect to any source for which the Administrator 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;

(b) For ozone transport regions established pursuant to section 184 of the Act, sources with the potential to emit 50 tpy or more of VOCs;

(c) For carbon monoxide nonattainment areas:

(i) that are classified as "serious;" and

(ii) in which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the Administrator, sources with the potential to emit 50 tpy or more of carbon monoxide.

(d) For particulate matter (PM10) nonattainment areas classified as "serious," sources with the potential to emit 70 tpy or more of PM10.

· "Major Source," as used in Title 38, means a source which emits, or has the potential to emit, any pollutant regulated under the Clean Air Act at a Significant Emission Rate (as defined in Title 38).  For the purposes of this title, fugitive emissions shall be included in the calculation of emission rates of all air contaminants.  Fugitive emissions are subject to the same control requirements and analyses required for emissions from identifiable stacks or vents.  Secondary emissions shall not be in­cluded in calculations of potential emissions which are made to determine if a propos­ed source or modification is major.  Once a source or modification is identified as being major, secondary emissions must be added to the primary emissions and become subject to these rules.

· "Material Balance" means a procedure for calculating emissions based on the difference between the amount of material added to a process and the amount consumed and recovered from a process.

· "Maximum Opacity" means the opacity as determined by EPA Method 9 (average of 24 consecutive observations).

· "Mercury" means the element mercury, excluding any associated elements and includes mercury in particulates, vapors, aerosols, and compounds.

· "Mercury Ore" means any mineral mined specifically for its mercury content.

· "Mercury Ore Processing Facility" means a facility processing mercury ore to obtain mercury.

· "Mercury Chlor‑Alkali Cell" means a device which is basically composed of an electrolyzer section and denuder (decom­poser) section, and which utilizes mercury to produce chlorine gas, hydrogen gas, and alkali metal hydroxide.

· "Mobile Source" means self‑propelled vehicles, powered by internal combustion engines, including but not limited to automo­biles, trucks, motorcycles and aircraft.

· "Model Rules" or "Uniform Rules" means the Attorney General's Uniform and Model Rules of Procedure, OAR 137-01-005 through 137-04-010 as amended and in effect on April 29, 1988.

· "Modification of an Air Contaminant Source" means any physical change or change in operation of a source which would result in a non-permitted increase in the air contaminant emissions from that source.

· "Motor Vehicle" means any self‑propelled vehicle designed for transpo­rt­ing persons or property on a public street or highway.

· "Negative pressure enclosure" means any enclosure of an asbestos abatement project area where ambient air pressure is greater than the air pressure within the enclosure, and the air inside the enclosure is changed at least two times an hour by exhausting it through a HEPA filter.

· "Negligence" or "Negligent" means failure to take reasonable care to avoid a foreseeable risk of committing an act or omission constituting a violation.

· "New Source" means any air contaminant source not in existence prior to adoption of rules affecting that source.

· "Nonattainment Area" means a geographical area within the jurisdiction of the Authority which exceeds any federal, state or local primary or secondary ambient air quality standard as desig­nated by the Board, the Environmental Quality Commission, or the Envi­ronmen­tal Protection Agency.

· "Non-Condensibles" means gases and vapors, contaminated with TRS compounds, from the digestion and multiple-effect evaporation processes of a kraft mill.

· "Nonfriable asbestos-containing material" means any material containing more than one percent (1%) asbestos as determined by weight that when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.

· "Non-Major Source," as used in Title 38 means a stationary source which will not emit, and does not have the potential to emit, any pollutant regulated under the Clean Air Act at a Significant Emission Rate.

· "Normal Source Operation" means operations which do not include such conditions as forced fuel substitution, equipment malfunction, or highly abnormal market conditions.

· “Nuisance” means a substantial and unreasonable interference with another’s use and enjoyment of real property, or the substantial and unreasonable invasion of a right common to members of the general public.

· "Odor" means the property of a substance which allows its detection by the sense of smell.

· "Off‑Street Area or Space" means any area or space not located on a public road dedicated for public use.

· "Offset" means an equivalent or greater emission reduction which is required prior to allowing an emission increase from a new major source or major modifica­tion of a source.

· "Opacity" means the degree to which an emission reduces transmis­sion of light or obscures the view of an object in the background.

· "Opacity Readings" are the individual readings which comprise a visual opacity determination.

· “Open Accumulation,” as used in Title 43, means any accumulation, including storage, of friable asbestos-containing waste material other than material securely enclosed and stored as required by 43-015-18.

· "Open Burning" includes burning in open outdoor fires, burn barrels, and incinerators which do not meet emission limitations spec­ified in Section 33‑020 of these Rules, and any other outdoor burning which occurs in such a manner that combustion air is not effectively controlled and combustion products are not effectively vented through a stack or chimney.

· "Order" means:

A. Any action satisfying the definition given in ORS Chapter 183; or

B. Any other action so designated in ORS Chapter 468 or 468.A.

· "Other Sources of TRS emissions" means sources of TRS emissions in a kraft mill other than recovery furnaces and lime kilns, including but not limited to:

A. Vents from knotters, brown stock washing systems, evaporators, blow tanks, blow heat accumulators, black liquor storage tanks, black liquor oxidation system, pre-steaming vessels, tall oil recovery operation; and

B. Any vent which is shown to contribute to an identified nuisance condi­tion.

· "Parking and Traffic Circulation Plan" means a plan developed by a city, county or regional government or regional planning agency, the implemen­tation of which assures the attainment and maintenance of the state and local ambient air quality standards.

· "Parking Facility" means any building, structure, lot or portion thereof, designed and used primarily for the temporary storage of motor vehicles in designated parking spaces.

· "Parking Space" means any off‑street area of space below, above or at ground level, open or enclosed, that is used for parking one motor vehicle at a time.

· "Particle Fallout Rate" means the weight of particulate matter which settles out of the air in a given length of time over a given area.

· "Particleboard" means mat‑formed flat panels consisting of wood parti­cles bonded together with synthetic resin or other suitable binder.

· "Particulate asbestos material" means any finely divided particles of asbestos material.

· "Particulate Matter" means any liquid or solid matter emitted to the ambient air, except uncombined water, as measured by an applicable reference method approved by the Authority.

· “Particulate Matter,” as used in 33-060, means all solid or liquid material, other than uncombined water, emitted to the ambient air as measured in accordance with the Department Source Sampling Manual. Particulate matter emissions determinations shall consist of the average of three separate consecutive runs.

A. For sources tested using DEQ Method 7, each run shall have a minimum sampling time of one hour, a maximum sampling time of eight hours, and a minimum sampling volume of 31.8 dscf. Veneer dryers, wood particle dryers, fiber dryers, and press/cooling vents shall be tested with DEQ Method 7.

B. For sources tested using DEQ Method 8, each run shall have a minimum sampling time of 15 minutes and shall collect a minimum particulate sample of 100 mg. Air conveying systems shall be tested with DEQ Method 8.

· “Particulate Matter,” as used in 33-070, means all solid or liquid material, other than uncombined water, emitted to the ambient air, as measured by EPA Method 5 or an equivalent test method in accordance with the Department Source Test Manual. Particulate matter emissions determinations by EPA Method 5 shall use water as the cleanup solvent instead of acetone, and consist of the average of three (3) separate consecutive runs having a minimum sampling time of 60 minutes each, a maximum sampling time of eight (8) hours each, and a minimum sampling volume of 31.8 dscf each.

· "Parts Per Million (ppm)" means parts of a contaminant per million parts of gas by volume on a dry-gas basis (1 ppm equals 0.0001% by volume).

· "Pathological waste" includes biopsy materials and all human tissues; anatomical parts that emanate from surgery, obstetrical procedures, autopsy and laboratory procedures; and animal carcasses exposed to pathogens in research and the bedding and other waste from such animals. "Pathological wastes" does not include teeth, or formal­dehyde or other preservative agents (see also "infectious waste").

· "Permit" or "Air Contaminant Discharge Permit" means a written permit issued by the Authority, pursuant to LRAPA and DEQ rules and regulations.

· "Permitted Emissions," as used in title 35, means assessable emission portion of the Plant Site Emission Limit.

· "Permittee" means the owner or operator of the facility, in whose name the operation of the source is authorized by the Air Contaminant Dis­charge Permit or the federal operating permit.

· "Person" means any individual, public or private corporation, political subdivision, agency, board, department, or bureau of the state or federal government, municipality, partnership, association, firm, trust, estate, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

· "Person in Charge of Property" means an agent, occupant, lessee, tenant, contract purchaser, or other person having possession or control of property.

· "Plant Site Emission Limit (PSEL)" means the total mass emissions per unit time of an individual air pollutant specified in a permit for a source. The PSEL may consist of more than one assessable emission.

· "Plywood" means a flat panel built generally of an odd number of thin sheets of veneers of wood in which the grain direction of each ply or layer is at right angles to the one adjacent to it.

· "PM₁₀" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by an approved method as listed in 40 CFR 53.

· "PM₁₀ Emissions" means emissions of finely divided solid or liquid material, other than uncombined water, with an aerodynamic diameter less than or equal to a nominal 10 micrometers, emitted to the ambient air as measured by applicable reference methods in accordance with the Department's Source Sampling Manual.

· "Population" means that population estimate most recently published by the Center for Population Research and Census, Portland State Univer­sity, or any other population estimate approved by the Authority.

· “Portable Hot Mix Asphalt Plant” means a hot mix asphalt plant which is designed to be dismantled and is transported from one job site to another job site.

· "Potential to Emit" means the maximum capacity of a source to emit a pollutant under its physical and operational design.  Any physical or opera­tional limitation on the capacity of the source to emit a 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 or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a source.

· "ppm" means parts of air contaminant per million parts of air on a volume basis.

· “Presiding Officer” means the Authority, the Chairperson of its Board of Directors, Hearings Officer, the Director, or any individual designated by the Authority or the Director to preside in any contested case, public, or other hearing. Any employee of the Authority who actually presided in any such hearing is presumptively designated by the Authority or Director, such presumptive designation to be overcome only by a written statement to the contrary bearing the signature of the Chairperson or the Director.

· "Prevention of Significant Deterioration Increments" means maximum allowable ambient air quality impacts over baseline concentrations in areas designated Class I, II or III, as follows:

· "Primary Combustion Chamber" means the discrete equipment, chamber or space in which drying of the waste, pyrolysis, and essentially the burning of the fixed carbon in the waste occurs.

· "Prior Violation" means any violation established, with or without admission, by payment of a civil penalty, by an order of default, or by a stipulated or final order of the Authority.

· “Procedures” referred to in 40 CFR 51.164 are the New Source Review procedures at the Department (OAR 340, Division 224) or at the Authority (Title 38) and the review procedures for new minor sources or modifications to existing minor sources, at the Department (OAR 340-0200 to 0220, 340 Division 216) or at the Authority (34-035).

· "Process Unit" includes all equipment and appurtenances for the pro­cessing of bulk material which are united physically by conveyor or chute or pipe or hose for the movement of product material provided that no portion or item of the group will operate separate­ly with product material not common to the group operation. Such a grouping is con­sidered encom­passing all the equipment used from the point of initial charging or feed to the point or points of discharge of mate­rial where such discharge will:

A. Be stored,

B. Proceed to a separate process, or

C. Be physically separated from the equipment comprising the group.

· "Process Upset" means a failure or malfunction of a production process or system to operate in a normal and usual manner.

· "Process Weight" means total weight of the materials, including solid fuels but not including liquid and gaseous fuels and combustion air introduced into any process unit which may cause any emission into the atmosphere.

· “Process Weight by Hour, “as used in 33-075, means the total weight of all materials introduced into any specific process which process may cause any discharge into the atmosphere. Solid fuels charged will be considered as part of the process weight, but liquid and gaseous fuels and combustion air will not. The “process weight per hour” will be derived by dividing the total process weight by the number of hours in one complete operation from the beginning of any given process to the completion thereof, excluding any time during which the equipment is idle.

· "Production (Kraft Mill)" means the daily amount of air-dried unbleached pulp, or equivalent, produced during the 24-hour period each calendar day, or Authority-approved equivalent period, and expressed in air-dried metric tons (admt) per day. The corresponding English unit is air-dried tons (adt) per day.

· "Propellant" means a fuel and oxidizer physically or chemical­ly com­bined containing beryllium or beryllium compounds, which undergoes combustion to provide rocket propulsion.

· "Propellant plant" means any facility engaged in the mixing, casting, or machining of propellant.

· "Public nuisance" see "Nuisance to the Public."

· "Reasonable Receptor and Exposure Sites" means locations where people might reasonably be expected to be exposed to air contaminants generated in whole or in part by the indirect source in question. Location of ambient air sampling sites and methods of sample collection shall conform to criteria on file with the Department of Environmental Quality.

· "Reckless" or "recklessly" means conduct by a person who is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such a nature and degree that disregard thereof constitutes a gross deviation from the standard of care a reasonable person would observe in that situation.

· "Recovery Furnace (Kraft Mill)" means the combustion device in which dissolved wood solids are incinerated and pulping chemicals recovered from the molten smelt. For these regulations, and where present, this term shall include the direct contact evaporator.

· "Reference Method" means any EPA approved method. (The methods are listed in the state Department of Environmental Quality's Source Sampling Manual.)

· "Refuse" means unwanted matter.

· "Refuse Burning Equipment" means a device designed to reduce the volume of refuse by combustion.

· "Regional Authority" means a regional air quality control authority estab­lished under the provisions of ORS 468.505.

· "Regional Planning Agency" means any planning agency which has been recog­nized as a substate‑clearinghouse for the purposes of conducting project review under the United States Office of Management and Budget Circular Number A‑95, or other governmental agency having planning authority.

· "Renovate" or "Renovation" means altering in any way one or more facility components. Operations in which load-supporting structural members are wrecked or removed are considered demolition and are not included in the definition of renovation.

· "Residential Area" means land which is zoned or used for single or multiple family or suburban residential purposes.

· "Residential Open Burning" means the open burning of clean wood, yard trimmings and prunings which are actually generated in or around a dwelling for four (4) or fewer family living units. Once this mater­ial is removed from the property of origin it becomes commercial waste. Such materials actually generated in or around a dwelling of more than four (4) family living units are commercial wastes.

· "Residual Fuel Oil" means any oil meeting the specifica­tions of ASTM Grade 4, Grade 5 or Grade 6 fuel oils.

· "Resource Recovery Facility" means any facility at which municipal solid waste is processed for the purpose of extracting, converting to energy, or otherwise separating and preparing municipal solid waste for reuse. Energy conversion facilities must utilize municipal solid waste to pro­vide fifty (50) percent or more of the heat input to be considered a resource recovery facility.

· "Respondent" means the person to whom a formal enforcement action is issued.

· "Responsible Person" means each person who is in ownership, control, or custody of the property on which the open burning occurs, including any tenant thereof; or who is in ownership, control, or custody of the materials which are burned; or any person who causes or allows open burning to be initiated or maintained.

· “Reviewing Agency,” where found in the federal rule, means the Authority, the Department, or the EPA, as applicable.

· "Ringelmann Chart" means the Ringelmann Smoke Chart with instructions for use as published in May, 1967, by the United Stated Bureau of Mines.

· "Risk of Harm" means the level of risk to public health or the environ­ment created by the likelihood of exposure, either individual or cumulative, or the actual damage, either individual or cumulative, caused by a violation.

· "Roadways" mean surfaces on which vehicles travel. This term includes public and private highways, roads, streets, parking areas, and driveways.

· "Rule" means any agency directive, regulation or statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirement of any agency. The term includes the amendment or repeal of a prior rule, but does not include:

A. Internal management directives, regulations or statements between agencies, or their officers or their employees, or within an agency, between its officers or between employees, unless hearing is required by statute, or action by agencies directed to other agencies or other units of government.

B. Declaratory rulings issued pursuant to ORS 183.410 or 305.105.

· “Salvage,” as used in Title 47, means the recovery, processing or use of woody debris for purposes including, but not limited to, energy production (such as fire wood or fuel), fiber production (such as soil amendments or mulch), or as a raw material for chemical or manufacturing processes.

· "Secondary (or Final) Combustion Chamber" means the discrete equipment, chamber, or space, excluding the stack, in which the products of pyrolysis are combusted in the presence of excess air, such that essentially all carbon is burned to carbon dioxide.

· "Secondary Emissions" means emissions from new or existing sources which occur as a result of the construction and/or operation of a source or modifica­tion, but do not come from the source itself. Secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the source associated with the second­ary emis­sions.  Secondary emissions may include, but are not limited to:

A. Emissions from ships and trains coming to or from a facility;

B. Emissions from off‑site support facilities which would be con­structed or would otherwise increase emissions as a result of the construction of a source or modification.

· "Sensitive Area" means locations which are actual or potential air quality non-attainment areas, as determined by LRAPA.

· "Sharps" includes needles, IV tubing with needles attached, scalpel blades, lancets, glass tubes that could be broken during handling, and syringes that have been removed from their original sterile containers (see also "infectious waste").

· "Shutdown," as used in Titles 30 and 36, means that time during which normal operation of an air contam­i­nant source or emission control equipment is terminated.

· "Significant Air Quality Impact" means an ambient air quality impact which is equal to or greater than:

For sources of volatile organic compounds (VOC), a major source or major modifica­tion will be deemed to have a significant impact if it is located within thirty (30) kilometers of an ozone nonattainment area and is capable of impacting the nonattainment area.

· "Significant Emission Rate" means:

A. Emission rates equal to or greater than the follow­ing for air pollutants regulated under the Clean Air Act:

B. For pollutants not listed above, the Authority shall determine the rate that constitutes a significant emission rate.

C. Any emissions increase less than these rates associated with a new source or modification which would construct within ten (10) kilometers of a Class I area and would have an impact on such area equal to or greater than 1 ug/m³ (24‑hour average) shall be deemed to be emitting at a significant emission rate.

· "Significant Impairment" occurs when visibility impairment, in the judgement of the Authority, interferes with the management, protection, preservation, or the enjoyment of the visual experience of visitors within a Class I area. The determination will be made on a case-by-case basis, considering the recommendation of the Federal Land Manag­er, the geographic extent, intensity, duration, frequency, and time of visibili­ty impairment. These factors will be considered with respect to visitor use of the Class I Area, and the frequency and occurrence of natural conditions that reduce visibility.

· "Significant Upgrading of Pollution Control Equipment" means a modifica­tion or a rebuild of an existing pollution control device for which a capital expenditure of 50 percent or more of the replacement cost of the existing device is required, other than ongoing routine maintenance.

· "Slash" means forest debris of woody vegetation to be burned under the Oregon Smoke Management Plan administered by the Oregon Department of Forestry pursuant to ORS. 477.515.  The burning of such slash is related to the management of forest land and does not include the burning of any other material created by land clearing.

· "Small-scale asbestos abatement project" means any short-duration asbestos abate­ment project as defined in 41, below, and/or removal, renovation, encapsulation, repair, or maintenance procedures intended to prevent asbestos containing material from releasing fibers into the air and which:

A. Remove, encapsulate, repair or maintain less than 40 linear feet or 80 square feet of asbestos-containing material;

B. Do not subdivide an otherwise full-scale asbestos abatement project into smaller-sized units in order to avoid the requirements of these rules;

C. Utilize all practical worker isolation techniques and other control measures; and

D. Do not result in worker exposure to an airborne concentration of asbestos in excess of 0.1 fibers per cubic centimeter of air calculated as an eight (8) hour time-weighted average.

· "Small-scale, short-duration activity" means a task for which the removal of asbestos is not the primary objective of the job, including, but not limited to:

A. Removal of asbestos-containing insulation on pipes, not to exceed amounts greater than those which can be contained in a single glove bag;

B. Removal of small quantities of asbestos-containing insulation on beams or above ceilings;

C. Replacement of an asbestos-containing gasket on a valve;

D. Installation or removal of a small section of drywall;

E. Installation of electrical conduits through or proximate to asbestos-containing materials;

F. Minor repairs to damaged thermal system insulation which does not require removal;

G. Repairs to asbestos-containing wallboard; or

H. Repairs involving encapsulation, enclosure, or removal of small amounts of friable asbestos-containing material in the performance of emergency or routine maintenance activity and not intended solely as asbestos abatement. Such work may not exceed amounts greater than those which can be contained in a single prefabricated mini-enclosure. Such an enclosure shall conform spatially and geometrically to the localized work area, in order to perform its intended containment function.

I. No such activity described above shall result in airborne asbestos concentrations above 0.1 fibers per cubic centimeter of air (calculated on an 8-hour weighted average).

Small-scale activities shall be limited to no more than forty (40) linear feet or eighty (80) square feet of asbestos-containing materials. An activity that would otherwise qualify as a full-scale abatement project shall not be subdivided into smaller units in order to avoid the require­ments of these rules.

· "Smelt dissolving tank vent (Kraft Mill)" means the vent serving the vessel used to dissolve the molten smelt produced by the recovery furnace.

· "Smoke" means small gas‑borne particles resulting from incomplete com­bustion, consisting predominantly of carbon, ash and other combustible materials present in sufficient quantity to be observable.

· "Solid Waste" means refuse, more than 50% of which is waste consisting of a mixture of paper, wood, yard wastes, food wastes, plastics, leather, rubber, and other combustible materials, and noncombustible materials such as metal, glass, and rock.

· "Solid Waste Incinerator" means an incinerator which is operated or utilized for the disposal or treatment of solid waste, including combustion for the recovery of heat.

· "Source," means any building, structure, facility, installation or combina­tion thereof which emits or is capable of emitting air con­tamina­nts to the atmosphere and is located on one or more contiguous or adjacent properties and is owned or operated by the same person or by persons under common control.

· "Source," as used in LRAPA Title 38, New Source Review, and the definitions of "BACT," "Commenced," "Construction," "Emission Limitation," "Emission Standard," "LAER," "Major Modification, " "Major Source," "Potential to Emit," and "Secondary Emissions" as these terms are used for purposes of LRAPA Title 38, includes all pollutant-emitting activities which belong to a single major industrial group (i.e., which have the same two-digit code), as described in the Standard Industrial Classification Manual, (U. S. Office of Management and Budget, 1987) or are supporting the major industrial group.

· "Source Category" means a group of major sources determined by the Authority to be using similar raw materials and having equivalent process control and pollution control equipment.

· "Source Test" means the average of at least three test runs during operating conditions representative of the period for which emissions are to be calculated, conducted in accordance with the Department's Source Sampling Manual or other Authority-approved methods.

· “Special Control Areas,” as used in 33-075, means any location within:

A. Benton, Clackamas, Columbia, Lane, Linn, Marion, Multnomah, Polk, Washington and Yamhill Counties;

B. Any incorporated city or within six (6) miles of the city limits of said incorporated city;

C. Any area of Lane County within one (1) mile of any structure or building used for a residence;

D. Any area of Lane County within two (2) miles straight-line distance or air miles of any paved public road, highway, or freeway having a total of two (2) or more traffic lanes.

· "Special Problem Area" means the formally designated Eugen­e/Springfi­eld AQMA and other specifically defined areas that the Board and the Environ­mental Quality Commission may formally designate in the future.

· "Standard Conditions" means a gas temperature of sixty‑eight (68) degrees Fahrenheit and a gas pressure of 29.92 inches of mercury.

· "Standard Cubic Foot (SCF)" means that amount of gas which would occupy a cube having dimensions of one foot on each side, if the gas were free of water vapor at standard conditions.

· "Standard Dry Cubic Meter" means the amount of gas that would occupy a volume of one cubic meter, if the gas were free of uncombined water, at a temperature of 20°C. (68°F.) and a pressure of 760 mm of Mercury (29.92 inches of Mercury). The corresponding English unit is standard dry cubic foot. When applied to recovery furnace gases, "standard dry cubic meter" requires adjustment of the gas volume to that which would result in a concentration of 8% oxygen if the oxygen concentration exceeds 8%. When applied to lime kiln gases, "standard dry cubic meter" requires adjustment of the gas volume to that which would result in a concentration of 10% oxygen if the oxygen concentration exceeds 10%. The mill shall demonstrate that oxygen concentrations are below noted values or furnish oxygen levels and corrected pollutant data.

· "Startup/Shutdown" means the time during which an air contaminant source or emission control equipment is brought into normal operation and normal operation is terminated, respectively.

· "Shutdown," as used in Titles 30 and 36, means that time during which normal operation of an air contam­i­nant source or emission control equipment is terminated.

· "Startup," means that time during which an air contaminant source or emis­sion control equipment is brought into normal operation.

· "Startup," as used in Title 46, means commencement of operation of a new or modified source resulting in release of contaminants to the ambient air.

· “State” or “State or Local Control Agency,” where found in 40 CFR 51.118, means the Authority or the Department.

· "Structural member" means any load-supporting member, such as beams and load-supporting walls, or any non-supporting member, such as ceilings and non-load-supporting walls.

· "Substantial Underpayment" means the lesser of ten percent (10%) of the total interim emission fee for the major source or five hundred dollars ($500).

· "Tempering Oven" means any facility used to bake hardboard following an oil treatment process.

· "Threshold Level of Olfactory Detection" means the odor perception threshold for fifty percent (50%) of the odor panel as determined by the ASTM procedure DI 391‑57 Standard Method of Measurement of Odor in Atmospheres (Dilution method), or an equivalent method.

· "Total Reduced Sulfur (TRS)" means the sum of the sulfur compounds hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide, and any other organic sulfides present, expressed as hydrogen sulfide (H₂S).

· "Transmissometer" means a device that measures opacity and conforms to EPA specification Number 1 in Title 40 CFR, Part 60, Appendix B.

· "TSP" means particulate matter as measured by an reference method.

· “Typically Achievable Control Technology” or “TACT” means the emission limit established on a case-by-case basis for a criteria pollutant from a particular emissions unit in accordance with Section 32-008. For existing sources, the emissions limit established shall be typical of the emission level achieved by emissions units similar in type and size. For new and modified sources, the emission limit established shall be typical of the emission level achieved by well-controlled new or modified emissions units similar in type and size that were recently installed. TACT determinations shall be based on information known to the Authority considering pollution prevention, impacts on other environmental media, energy impacts, capital and operating costs, cost effectiveness, and the age and remaining economic life of existing emission control equipment. The Authority may consider emission control technologies typically applied to other types of emissions units where such technologies could be readily applied to the emissions unit. If an emission limitation is not feasible, a design, equipment, work practice, or operational standard, or combination thereof, may be required.

· "Unavoidable" means events which are not caused entirely or in part by poor or inadequate design, operation, maintenance, or any other prevent­able condition in either process or control equipment.

· "Uncombined Water" means water which is not chemically bound to a substance.

· "Upset" or "Breakdown" mean any failure or malfunction of any pollution control equipment or process equipment which may cause excess emissions.

· "Vehicle Trip" means a single movement by a motor vehicle which origi­nates or terminates at or uses an Indirect Source.

· "Veneer" means a single flat panel of wood not exceeding one‑quarter (1/4) inch in thickness, formed by slicing or peeling from a log.

· "Veneer Dryer" means equipment in which veneer is dried.

· "Verified Emission Factor" means an emission factor approved by the Authority and developed for a specific major source or source category and approved for application to that major source by the Authority.

· "Violation" means a transgression of any statute, rule, order, license, permit, or any part thereof, and includes both acts and omissions. Viola­tions shall be classed according to risk of harm as follows:

A. "Class One or I" means any violation which poses a major risk of harm to public health or the environment, or violation of any compliance schedule contained in an agency permit or board order;

B. "Class Two or II" means any violation which poses a moderate risk of harm to public health or the environment;

C. "Class Three or III" means any violation which poses a minor risk of harm to public health or the environment.

· "Visual Opacity Determination" consists of a minimum of twenty‑four (24) opacity readings recorded every fifteen (15) seconds and taken by a trained observer.

· "Visibility Impairment" means any humanly perceptible change in visual range, contrast, or coloration from that which would have existed under natural conditions. Natural conditions include fog, clouds, windblown dust, rain, sand, naturally ignited wildfires, and natural aerosols.

· "Volatile Organic Compound" or "VOC" means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions.

A. This includes any such organic compound other than the following, which have been determined to have negligible photochemical reactivity in the formation of tropospheric ozone: methane; ethane; methylene chloride (dichloromethane); 1,1,1-trichloroethane (methyl chloroform); 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC-11); dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22); trifluoromethane (HFC-23); 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114; chloropentafluoroethane (CFC-115); 1,1,1-trifluoro-2,2-dichloroethane (HCFC-123); 1.1.1.2-tetrafluoroethane (HFC-134a); 1,1-dichloro-1-fluoroethane (HCFC-141b); 1-chloro-1,1-difluoroethane (HCFC-142b); 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); HCFC 225ca and cb; HFC 43-10mee; pentafluoroethane [2] (HFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC-152a); parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; acetone; perchloroethylene (tertrachloroethylene); difluorormethane (HFC-32); ethylfluoride (HFC-161); 1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 1,1,2,2,3-pentafluoropropane (HFC-245ca); 1,1,2,3,3-pentafluoropropane (HFC-245ea); 1,1,1,2,3-pentafluoropropane (HFC-245eb); 1,1,1,3,3-pentafluoropropane (HFC-245fa); 1,1,1,2,3,3-hexafluoropropane (HFC-236ea); 1,1,1,3,3-pentafluorobutane (HFC-365mfc); chlorofluoromethane (HCFC-31); 1 chloro-1-fluoroethane (HCFC-151a); 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a); 1,1,1,2,2,3,3,4-nonafluoro-4-methoxy-butane (C₄F₉OCH₃); 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF₃)₂CFCF₂OCH₃); 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C₄F₉OC₂H₅); 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF₃)₂CFCF₂OC₂H₅); methyl acetate; and perfluorocarbon compounds which fall into these classes:

(1) Cyclic, branched, or linear, completely fluorinated alkanes;

(2) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;

(3) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and

(4) Sulfur-containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

B. For purposes of determining compliance with emissions limits, VOC will be measured by an applicable reference method in accordance with the Department's Source Sampling Manual, January, 1992. Where such a method also measures compounds with negligible photochemical reactivity, the latter may be excluded as VOC if the amount of such compounds is accurately quantified, and the Authority approves the exclusion.

C. The Authority may require an owner or operator to provide monitoring or testing methods and results demonstrating, to the satisfaction of the Authority, the amount of negligibly reactive compounds in the source's emissions.

· "Volatile Organic Compound (VOC)," as used in Title 35, means any organic compound which would be emitted during use, application, curing or drying of a surface coating, solvent, or other material. Excluded from this definition are those compounds which EPA classifies as having negligible photochemical reactivity, which include: methane, ethane, methylene chloride, 1,1,1--trichloroet­hane (methyl chloroform), trichlorofluoromethane (CFC-11), dichloro-fluoromethane (CFC-12), chlorodifluoromethane (CFC-22), trifluoromethane (FC-23), trichlorotetrafluoroethane (CFC-114), and chloropentafluoroethane (CFC 115).

· "Waste generator" means any person performing an asbestos abatement pro­ject or any owner or operator of a source covered by this section whose act or process generates asbestos-containing waste material.

· "Waste shipment record" means the shipment document, required to be origi­nated and signed by the waste generator; used to track and substantiate the disposition of asbestos-containing waste material.

· "Wigwam Waste Burner" means a burner which consists of a single com­bustion chamber, which has the general features of a truncated cone and is used for incineration of refuse.

· “Wood-Fired Veneer Dryer” means a veneer dryer which is directly heated by the products of combustion of wood fuel in addition to or exclusive of steam or natural gas or propane combustion.

· "Woody Yard Trimmings" means woody limbs, branches and twigs, with any attached leaves, which have been cut from or fallen from trees or shrubs from the property around a dwelling unit.

· "Yard Debris" means wood, needle, or leaf materials from trees, shrubs, or plants from the property around a dwelling unit.