Section 112 (Title III) - Glossary

This page last reviewed April 2, 2009


AB 1807 (Tanner) -- A California State law (Health and Safety Code section 39650 et.seq.) which became effective in January 1984 and established the framework for California's toxic air contaminant identification and control program.

CA

AB 2588 (Connelly) Air Toxics "Hot Spots" Information and Assessment Act -- A California program (Health and Safety Code Section 44300 et seq.) which requires certain stationary sources to report the type and quantity of specific toxic substances they routinely release into the air. The program identifies high priority facilities and requires these facilities to conduct risk assessments. Those facilities posing significant risks must notify all exposed individuals and may be required to reduce their risk through a risk reduction audit and plan.

CA

APCD (Air Pollution Control District) -- A county agency with authority to regulate stationary, indirect, and area sources of air pollution within a given county, and governed by a district air pollution control board composed of the elected county supervisors.

CA

AQMD (Air Quality Management District) -- A group of counties or portion of counties, or an individual county specified in law with authority to regulate stationary, indirect, and area sources of air pollution within the region and governed by a regional air pollution control board comprised mostly of elected officials from within the region.

CA

ARB (California Air Resources Board) -- The State's lead air quality agency responsible for attainment and maintenance of the State and federal air quality standards. The ARB has primary regulatory authority for air toxics, consumer products, motor vehicles, and motor vehicle fuels. It also oversees county and regional air pollution management programs.

CA

Air Toxics -- An air pollutant (i.e. excluding ozone, carbon monoxide, PM-10, sulfur dioxide, nitrogen dioxide) that may reasonably be anticipated to cause cancer, developmental effects, reproductive dysfunctions, neurological disorders, heritable gene mutations or other serious or irreversible chronic or acute health effects in humans.

Fed

Airborne Toxic Control Measure (ATCM) -- A type of control measure, adopted by the ARB (Health and Safety Code Section 39666 et seq.), which reduces emissions of toxic air contaminants from nonvehicular sources.

CA

Area Source -- Any stationary source of hazardous air pollutants that is not a major source. For purposes of this definition, the term "area source" shall not include motor vehicles or non-road vehicles subject to regulation under Title II of the 1990 FCAA Amendments.

Fed

CARB (California Air Resources Board) -- See ARB

CA

CCAA (California Clean Air Act) -- A California law passed in 1988 which provides the basis for air quality planning and regulation independent of federal regulations. A major element of the CCAA is the requirement that local APCDs/AQMDs in violation of the CAAQS must prepare attainment plans which identify air quality problems, causes, trends, and actions to be taken to attain and maintain California's Ambient Air Quality Standards by the earliest practicable date.

CA

CEMS (Continuous Emission Monitoring Systems) -- The total equipment that may be required to meet the data acquisition and availability requirements of Part 63 to sample, condition (if applicable), analyze, and provide a record of continuous emissions.

Fed

CMS (Continuous Monitoring System) -- A comprehensive term that may include, but is not limited to, continuous emission monitoring systems, continuous opacity monitoring systems, continuous parameter monitoring systems, or other manual or automatic monitoring that is used for demonstrating continuous compliance with an applicable regulation.

Fed

Carcinogenic Effect -- Unless revised, the term "carcinogenic effect" shall have the meaning provided by the Administrator of the U.S. EPA under Guidelines for Carcinogenic Risk Assessment as of the date of enactment. Any revisions in the existing Guidelines shall be subject to notice and opportunity for comment.

Fed

Clean Air Act Amendments (1990 FCAA Amendments) -- Amendments to the Federal Clean Air Act (FCAA), signed on November 15, 1990, which resulted in substantial changes in the FCAA.

Fed

Code of Federal Regulations -- A summary of the general and permanent rules published by the executive departments and agencies of the federal government. It is revised annually as a set of paperback books, and is available in libraries. Title 40 of the CFR contains the federal rules and regulations relating to protection of the environment.

Fed

De Minimis -- A rate of emissions less than or equal to any of the emission rates listed in part 63.44 [59 FR 15505 (April 1, 1994)] or a rate of emissions that is less than or equal to 10 tons per year HAP and for which a State or local reviewing agency has approved a case-by-case demonstration that ambient impacts are de minimis.

CA / Fed

Equivalent Emission Limitation -- The maximum achievable control technology (MACT) emission limitation for hazardous air pollutants that the Administrator of the U.S. EPA (or a State with an approved permit program) determines on a case-by-case basis, pursuant to section 112(g) or section 112(j) of the FCAA, to be equivalent to the emission standard that would apply to an affected source if such standard had been promulgated by the Administrator of the U.S. EPA part pursuant to section 112(d) or section 112(h) of the FCAA.

Fed

Existing Source -- Any stationary source other than a new or reconstructed source.

Fed

FCAA (Federal Clean Air Act) -- A federal law passed in 1963 and amended in 1970, 1977, and 1990 which forms the basis for the national air pollution control effort. Basic elements of the FCAA include national ambient air quality standards for major air pollutants, air toxics standards, acid rain control measures, and enforcement provisions.

Fed

FESOP (Federally-enforceable State Operating Permit) -- An operating permit based on programs approved into a State Implementation Program (SIP) pursuant to the criteria in the June 28, 1989 (54 FR 27274). These criteria are (1) the State program is submitted to and approved by the U.S. EPA into the SIP; (2) the SIP requires permit holders to adhere to permit terms and limitations and provides for the U.S. EPA's determination that a permit is not federally enforceable; (3) the permit program requires that all permit requirements are at least as stringent as requirements contained in or enforceable under the SIP and that permit may not waive any such requirements contained in or enforceable under the SIP or any otherwise federally enforceable requirements; (4) permit requirements are permanent, quantifiable, and otherwise enforceable as a practical matter; and (5) permits are issued subject to public participation, that is the State agrees to provide the U.S. EPA and the public with timely notice and copies of proposed and issued permits, and the permitting process provides opportunity for public comment on permit application prior to issuance of the final permit.

Fed

Federal Register -- All limitations and conditions which are enforceable by the Administrator of the U.S. EPA and citizens including requirements in a rule or regulation approved by the U.S. EPA; and all limitations and conditions which are permanent, quantifiable, and practically enforceable and have undergone public notice and comment, and review by the U.S. EPA.

Fed

Federally Enforceable -- Enforceable by the Administrator of the U.S. EPA. For something to be federally enforceable, there has to be a rule or regulation, or a condition in a permit that has been publicly noticed and a way to determine compliance with that rule, rregulation, or condition.

Fed

General Provisions -- Codifies procedures and criteria that will be used to implement all NESHAPs promulgated under the 1990 FCAA Amendments. The General Provisions are found in 40 CFR Part 63, Subpart A.

Fed

Hazardous Air Pollutant -- Any air pollutant listed pursuant to section 112(b) of the FCAA.

Fed

Lesser Quantity -- A quantity of a hazardous air pollutant that is or may be emitted by a stationary source that the Administrator of the U.S. EPA establishes in order to define a major source.

Fed

MACT (Maximum Achievable Control Technology) -- Emissions limitations based on the best demonstrated control technology or practices in similar sources.

Fed

MACT (Existing Sources) -- The emission limitation reflecting the maximum degree of reduction in emissions that the permitting authority, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by sources in the category of stationary sources, that shall not be less stringent than the MACT floor.

Fed

MACT (New Sources) -- The emission limitation which is not less stringent than the emission limitation achieved in practice by the best controlled similar source, and which reflects the maximum degree of reduction in emissions that the permitting authority, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by sources in the affected source category.

Fed

MACT Floor -- (1) for existing sources: (i) the average emission limitation achieved by the best performing 12 percent of the existing sources in the United States (for which the permitting authority has or could reasonably obtain emission information), excluding those sources that have, within 18 months before the emission standard is proposed or within 30 months before such standard is promulgated, whichever is later, first achieved a level of emission rate or emission reduction which complies, or would comply if the source is not subject to such standard, with the lowest achievable emission rate applicable to the source category and prevailing at the time, for categories and subcategories or stationary sources with 30 or more source in the category or subcategory, or (ii) the average emission limitation achieved by the best performing five sources in the United States (for which the reviewing agency has or could reasonably obtain emissions information) for a category or subcategory of stationary sources with fewer than 30 sources in the category or subcategory; (2) for new sources, the emission limitation achieved in practice by the best controlled similar source.

Fed

MACT Hammer -- Formally entitled "equivalent emission limitations by permit," FCAA section 112(j), the MACT hammer, provides an alternative procedure to control HAP emissions from major sources if the U.S. EPA fails to promulgate a MACT standard according to the source category schedule. Section 112(j) requires major sources to submit a permit application to the state's Title V permit program within 18 months after a missed deadline.

Fed

Major Source (of HAPs) -- 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 considering control that emits or has the potential to emit considering control, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants. The Administrator of the U.S. EPA may establish a lesser quantity, or in the case of radionuclides a different criteria, for a major source than that specified in the previous sentence, on the basis of the potency of the air pollutant, persistence, potential for bioaccumulation, other characteristics of the air pollutant, or other relevant factors.

Fed

Modification -- Any physical change in, or change in the method of operation of, a major source which increases the actual emissions of any hazardous air pollutant emitted by such source by more than a de minimis amount or which results in the emission of any hazardous air pollutant not previously emitted by more than a de minimis amount.

Fed

Monitor (Monitoring) -- Measurement of air pollution referred to as monitoring. U.S. EPA, state, and local agencies measure the types and amounts of pollutants in community air. The 1990 FCAA Amendments requires certain large sources to perform enhanced monitoring and to provide an accurate picture of their emissions. Enhanced monitoring programs may include keeping records on materials used by the source, periodic inspections, and installation of continuous emission monitoring systems. Continuous emission monitoring systems will measure, on a continuous basis, how much pollution is being released into the air.

Fed

NSR (New Source Review) -- A program used in the development of permits for new or modified industrial facilities which are in a nonattainment area, and which emit non-attainment criteria air pollutants. The two major requirements of NSR are best available control technology and emission offsets.

CA

New Source -- A stationary source for which construction or reconstruction is commenced after the Administrator of the U.S. EPA first proposes regulations under section 112 establishing an emission standard applicable to such a source.

Fed

OEHHA (Office of Environmental Health Hazard Assessment) -- A department within the California Environmental Protection Agency that is responsible for evaluating chemicals for adverse health impacts and establishing safe exposure levels. OEHHA also assists in performing health risk assessments and developing risk assessment procedures for air quality management purposes.

CA

Offset -- A reduction in emissions from one source or several sources that are used to mitigate increases in emissions from another source.

CA / Fed

Owner or Operator -- Any person who owns, leases, operates, controls, or supervises a stationary source.

CA / Fed

Part 70 -- The U.S. EPA's interpretative guidance and implementing regulations of Title V, outlined in 40 CFR Part 70.

Fed

Permit -- Permits are required both for the operation of plants (operating permits) and for the construction of new plants. The 1990 FCAA Amendments introduced a nationwide operating permit system for air pollution control to be implemented by states/local districts. The FCAA operating permit program (Title V) includes requirements for permit applications, including provisions for members of the public to participate in state and U.S. EPA reviews of permit applications. Permits will have, in one place, all the applicable requirements for a source.

Fed

Permit Shield -- A condition in a permit, stating that if the terms of the permit are complied with, that shall be considered being in compliance with the identified applicable rule or regulation. The permit shield only applies if and where the permit specifically states that it applies.

Fed

Potential to Emit -- The maximum capacity of a stationary source to emit pollutant(s) under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit pollutant(s), including air pollution control equipment and restrictions on hours of operation or on the type, or amount of material combusted, or 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.

Fed

Presumptive MACT -- An estimate of what MACT would be using information currently available. Presumptive MACT would serve as guidance to State and local air pollution control districts in the event that the provisions of section 112(g) and (j) of the FCAA are required. Presumptive MACT may serve as a starting point for developing a national emission standard for hazardous air pollutants (NESHAP) for a specific source category.

Fed

Reasonably Available Control Technology (RACT) -- An emission limitation on existing sources in nonattainment areas, defined by the U.S. EPA in a Control Techniques Guideline (CTG) and adopted and implemented by the States.

Fed

Reconstruct a major source -- The replacement of components at a major source to such an extent that: (1) the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable source, and (2) it is technologically and economically feasible for the reconstructed major source to meet the applicable maximum control technology emission limitation for new sources.

Fed

Residual Risk -- The risk remaining after control (i.e., Maximum Achievable Control Technology [Fed]; Toxic Best Available Control Technology [CA]) or risk reduction action has taken place.

CA / Fed

Risk Assessment -- The scientific evaluation of the toxic properties of a chemical and the conditions of human exposure to it in order to ascertain the likelihood that exposed humans will be adversely affected, and to characterize the nature of the effects they may experience. Usually contains the following steps: hazard identification, dose-response assessment, exposure assessment, and risk characterization.

CA / Fed

Risk Management -- The process of making decisions about whether an environmental risk is sufficiently high to present a significant public health concern and about the appropriate means for control of such a risk. Risk management incorporates consideration of political, social economic and engineering information in addition to risk information to develop, analyze and compare regulatory options and select the appropriate regulatory response to a potential health hazard.

CA

Section 112 -- The hazardous air pollutants (HAP) provisions of the FCAA.

Fed

Stationary Sources -- Non-mobile sources such as power plants, refineries, and manufacturing facilities which emit air pollutants.

CA

Synthetic Minor Source -- A synthetic minor source is a stationary source which is subject to federally-enforceable conditions that limit its potential to emit to below major source thresholds.

Fed

TAC (Toxic Air Contaminant) -- An air pollutant, identified in regulation by the ARB, which may cause or contribute to an increase in deaths or in serious illness, or which may pose a present or potential hazard to human health. TACs are considered under a different regulatory process (California Health and Safety Code Section 39650 et seq.) other than pollutants subject to California Ambient Air Quality Standards. Health effects to TACs may occur at extremely low levels, and it is typically difficult to identify levels of exposure which do not produce adverse health effects. Hazardous air pollutants identified under section 112(b) of the FCAA are also TACs.

CA

T-BACT (Toxic Best Available Control Technology) -- The most effective emission limitation or control technique which (1) has been achieved in practice for such permit unit category or class of source; or (2) is any other emissions limitation or control technique, including process and equipment changes of basic and control equipment, found by the Executive Officer of the Air Resources Board or Air Pollution Control Officer of the local districts to be technologically feasible for such class or category of sources, or for a specific source.

CA

Title III -- Title III of the FCAA Amendments of 1990 (Pub. L. No. 101-549, 104 Stat. 2399), which substantially revised section 112 of the pre-1990 FCAA. Title III contained six sections: section 301 revised FCAA section 112, sections 302-306 established a risk assessment and management commission, required development of new source performance standards for solid waste combustion units (by adding FCAA section 129), and made other changes to the FCAA.

CA

Title V -- The section of the Clean Air Act that provides for an operating permit program. The U.S. EPA implementing regulations are found in 40 CFR Part 70.

Fed

Title V Permit -- Any permit issued, renewed, or revised pursuant to Federal or State regulations established to implement Title V of the FCAA (42 U.S.C. 7661). A Title V permit issued by a State permitting authority is also called a Part 70 permit.

Fed

U.S. EPA (United States Environmental Protection Agency ) -- The United States agency charged with setting policy and guidelines, and carrying out legal mandates for the protection of national interests in environmental resources.

Fed

VOCs (Volatile Organic Compounds) -- Organic chemicals all contain the element carbon (C); organic chemicals are the basic chemicals found in living things and in products derived from living things, such as coal, petroleum and refined petroleum products. Volatile chemicals produce vapors readily; at room temperature and normal atmospheric pressure, vapors escape easily from volatile liquid chemicals. Volatile organic chemicals include gasoline, industrial chemicals such as toluene and xylene, and tetrachloroethylene (perchloroethylene, the principal dry cleaning solvent). Many volatile organic chemicals are also hazardous air pollutants; for example, benzene.

CA / Fed


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