Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-5-2 - Definitions2.1. "Air Pollution," "statutory air pollution" shall have the meaning ascribed to it in W. Va. Code §22-5-2.2.2. "Air Pollution Control Equipment" means any equipment used for collecting gasborne particulate matter for the purpose of preventing or reducing particulate matter emissions into the open air.2.3. "Air Table" means a device using a gaseous separating media for the primary purpose of improving the product quality.2.4. "Alternative Emission Limitation" 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).2.5. "Coal Preparation Plant" means and includes any facility (excluding underground mining operations) that prepares coal by one or more of the following processes: screening, breaking, crushing, wet or dry cleaning and thermal drying, and further such definition of a coal preparation plant shall include all coal handling operations associated with the processes described above, but shall not include:2.5.1. Any facility that is designed to process less than 200 tons of coal per day;2.5.2. Any facility or equipment subject to the requirements of 45CSR2, 45CSR3, 45CSR7; or2.5.3. Any facility which would be defined as a coal preparation plant solely because it incorporates a stationary grizzly or scalping screen to separate oversized refuse from coal.2.6. "Coal Refuse" means any combination of carbonaceous waste with rock, shale, culm boney, slate, clay and related materials associated with or near a coal seam, which are either brought above ground or otherwise removed from the mine in the process of mining coal, or which are separated from coal during the cleaning or preparation operations: Provided that coal refuse shall not mean overburden from strip-mining operations or incombustible materials from mine shafts and mine tunnels.2.7. "Coal Refuse Disposal Area" means any area or plot of land which is used as a place for dumping, storage or disposal of coal refuse. A coal refuse pile must be contained in a single coal refuse disposal area; however, a coal refuse disposal area may contain 2 or more coal refuse piles if the area is so designated.2.8. "Coal Refuse Pile" means any deposit of coal refuse on the surface which is intended as a permanent disposal of or long-term storage of such material. Continuous deposits of coal refuse and deposits, which are not separated, shall be considered a single coal refuse pile.2.10. "Fuel" means a fuel such as a solid, gaseous or liquid fuel which is fired in fuel burning equipment.2.11. "Fuel Burning Equipment" means and includes any chamber, apparatus, device, mechanism, stack or structure used in the process of burning fuel for the primary purpose of producing heat for a thermal dryer.2.12. "Fugitive Dust" means any particulate matter generated, which, if not confined or suppressed by water or chemical treatment, would be emitted directly into the open air from points other than a stack outlet.2.13. "Fugitive Dust Control System" means any equipment or method used to confine, collect and dispose of fugitive dust, including, but not limited to, hoods, bins, duct work, fans, air pollution control equipment and equipment used to prevent or minimize the emission of fugitive dust by water or chemical treatment.2.14. "Handling Operation" means and includes, but is not limited to, all coal grinding, crushing, picking, screening, conveying, storing and stockpiling operations not associated with a coal preparation plant as defined in this rule, and which are not also subject to the emission control requirements of 45CSR2, 45CSR3 or 45CSR7.2.15. " Malfunction" means a sudden and unavoidable breakdown of process or control equipment.2.16. "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.2.17. "Operation of a Coal Refuse Disposal Area" means the act of disposing, depositing or dumping of coal refuse upon a coal refuse disposal area or of physically altering the coal refuse disposal area, except by removal of ashes, red dog or other material from a burned-out coal refuse pile.2.18. "Particulate Matter" means any material, except uncombined water, that exists in a finely divided form as a liquid or solid.2.19. "Person" means any and all persons, natural or artificial, including the state of West Virginia or any other state, the United States of America, any municipal, statutory, public or private corporation organized or existing under the laws of this or any other state or country, and any firm, partnership or association of whatever nature.2.20. "Plant" means and includes all equipment and grounds utilized in an integral complex for coal preparation and associated handling.2.21. "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 22-1-8.2.22. "Shutdown" means the cessation of operation of a source subject to this rule for any reason, unless otherwise defined in a permit issued to create an alternative emission limitation.2.23. "Stack", for the purpose of this rule, means, but is not limited to, any duct, control equipment exhaust or similar apparatus, which vents gases containing particulate matter into the open air from operations including, but not limited to, furnaces, drying chambers and air separation (table) operations.2.24. "Standard Cubic Foot" means 1 cubic foot of dry gas, measured at standard conditions of 68° F and 29.92 inches of mercury column.2.25. "Startup" means the setting in operation of a source subject to this rule for any reason, unless otherwise defined in a permit issued to create an alternative emission limitation.2.26. "Thermal Dryer" means a device using fuel burning equipment for the primary purpose of reducing the moisture content of coal.2.27. Other words and phrases used in this rule, unless otherwise indicated, shall have the meaning ascribed to them in W. Va. Code §22-5-1 et seq.