Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-1-2 - Definitions2.1. "Administrator" means the Administrator of the United States Environmental Protection Agency (U.S. EPA) or the Administrator's duly authorized representative.2.2. "Alternative Emission Limitation" or "AEL" means an emission limitation that applies to a source during some but not all periods of normal operation (e.g., applies only during a specifically defined mode of operation such as startup or shutdown). An alternative emission limitation is a component of a continuously applicable emission limitation, and it may take the form of a control measure such as a design, equipment, work practice or operational standard (whether or not numerical).2.3. "Clean Air Act" "(CAA") means the federal Clean Air Act, 42 U.S.C. 7401, et seq., as amended.2.4. "Emission Limitation" for the purpose of this rule means a legally binding restriction on emissions from a source or source category, such as a numerical emission limitation, a numerical emission limitation with higher or lower levels applicable during specific modes of source operation, a specific technological control measure requirement, a work practice standard, or a combination of these things as components of a comprehensive and continuous emission limitation.2.5. "Excess Emissions" means the emissions of air pollutants from a source that exceed any applicable emission limitation. This term includes those emissions above the otherwise applicable emission limitation that occur during startup, shutdown, malfunction or other modes of source operation.2.6. "Malfunction" means a sudden and unavoidable breakdown of process or control equipment.2.7. "Practically Enforceable" means for the purpose of this rule and in the context of an emission limitation, that the limitation is enforceable as a practical matter (e.g., within a federally enforceable permit such as one issued pursuant to 45CSR13 and contains appropriate averaging times, compliance verification procedures, compliance monitoring, and recordkeeping requirements). The term uses "practically" as it means "in a practical manner" and not as it means "almost" or "nearly".2.8. "Secretary" means the Secretary of the Department of Environmental Protection or such other person to whom the Secretary has delegated authority or duties pursuant to W. Va. Code §§22-1-6 or 22-1-8.2.9. "Shutdown" means the cessation of operation of a source for any purpose, unless otherwise defined in a permit issued to create an alternative emission limitation.2.10. "SIP" means or refers to a State Implementation Plan. Generally, the SIP is the collection of state statutes and rules approved by the EPA pursuant to CAA section 110 that together provide for implementation, maintenance and enforcement of a national ambient air quality standard (or any revision thereof) promulgated under CAA section 109 for any air pollutant in each air quality control region (or portion thereof) within a state.2.11. "SSM" refers to startup, shutdown or malfunction at a source. It does not include periods of maintenance. An SSM event is a period of startup, shutdown or malfunction during which there may be exceedances of the applicable emission limitations and thus excess emissions.2.12. "Startup" means the setting in operation of a source for any purpose, unless otherwise defined in a permit issued to create an alternative emission limitation.2.13. Other words and phrases used in this rule, unless otherwise indicated, have the meaning ascribed to them in W. Va. Code §22-5-2 and 40CFR §52.01.