Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-6-2 - Definitions2.1. "Agency Administrator" means a National Park Service Park Superintendent, Bureau of Indian Affairs Agency Superintendent, U.S. Forest Service Forest Supervisor, Bureau of Land Management District Manager, Fish and Wildlife Service Refuge Manager, State Forest Officer, Fire Chief, or an authorized designee thereof.2.2. "Air Curtain Incinerator" means an incinerator that operates by forcefully projecting a curtain of air across an open chamber or pit in which combustion occurs. Incinerators of this type can be constructed above or below ground and with or without refractory walls and floor. (Air curtain incinerators are not to be confused with conventional combustion devices with enclosed fireboxes and controlled air technology such as mass burn, modular, and fluidized bed combustors.)2.3. "Air Pollution" or "statutory air pollution" shall have the meaning ascribed to it in W.Va. Code §22-5-2.2.4. "Air Pollution Control Equipment" means any equipment used for collecting or converting gasborne particulate or gaseous materials for the purpose of preventing or reducing emission of these materials into the open air.2.5. "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).2.6. "CFR" means the Code of Federal Regulations published by the Office of the Federal Register, National Archives and Records Service, General Services Administration.2.7. "Flare" or 'flare stack' means and includes a combustion source normally comprised of, but not limited to, a length of stack or pipe which has an attached burner mechanism designed to destroy liquid or gaseous material with an open or semi-enclosed flame.2.8. "Incineration" means the destruction of combustible refuse by burning in a furnace designed for that purpose. For the purposes of this rule, the destruction of any combustible liquid or gaseous material by burning in a flare or flare stack, thermal oxidizer or thermal catalytic oxidizer stack shall be considered incineration.2.9. "Incinerator" means any device used to accomplish incineration.2.10. "Incinerator Capacity" shall be the manufacturer's or designer's guaranteed maximum charging rate or such other rate as may be determined by the Secretary in accordance with good engineering practices. In case of conflict the determination by the Secretary shall govern. For the purpose of this rule, the total of the capacities of all furnaces within one system shall be considered as the "Incinerator Capacity".2.11. "Industrial Waste Incinerator" means an incinerator which is used to incinerate gaseous, liquid, semi-liquid and/or solid by-product waste from industrial sources.2.12. "Land Clearing Debris" means that vegetative material generated by clearing of land for purposes of preparation for development, construction, mining or other such activity. Non-vegetative refuse is not included in this meaning.2.13. "Malfunction" means a sudden and unavoidable breakdown of process or control equipment.2.14. "Opacity" means the degree to which smoke or particulate matter emissions reduce the transmission of light and obscure the view of an object in the background.2.15. "Open Burning" means the combustion of refuse whereby the gaseous products of combustion are not conveyed through man-made means from one point to another and are discharged directly to the open air. This term includes 'burn barrels', but does not include air curtain incinerators.2.16. "Particulate Matter" means any material, except uncombined water, that exists in a finely divided form as a liquid or solid.2.17. "Pathological Waste " means waste material consisting of only human or animal remains, anatomical parts or tissue, the bags or containers used to collect and transport the waste material, and animal bedding (if applicable).2.18. "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.2.19. "Prescribed burning" means the controlled application of fire to vegetation under specified environmental conditions and precautionary measures, which allows the fire to be confined to a predetermined area for the purpose of accomplishing specifically planned wildlife and forest management objectives.2.20. "Refuse" means the useless, unwanted or discarded solid, liquid or gaseous waste materials resulting from community, commercial, industrial or citizen activities.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. "Sewage Sludge Incinerator" means an incinerator which is used to incinerate the sludge produced by municipal or industrial sewage treatment plants.2.24. "Smoke" means small gasborne and airborne particles emitted as the result of the combustion of refuse in sufficient numbers to be visible.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. 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.