W. Va. Code R. § 45-10-2

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-10-2 - Definitions
2.1. "Air Pollutants" means solids, liquids or gases which, if discharged into the air, may result in a statutory air pollution.
2.2. "Air Pollution", "statutory air pollution" shall have the meaning ascribed to it in W. Va. Code §22-5-2.
2.3. "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).
2.4. "Continuous Emission Monitoring System" means the total equipment required for the determination of a gas concentration or emission rate, in the units of the standard.
2.5. "Distillate Oil" means fuel oil that complies with the specifications for fuel oil numbers 1 and 2, as defined by the American Society for Testing and Materials in ASTM D396-98, "Standard Specification for Fuel Oils".
2.6. "Equivalent Fuel Sulfur Content" means that quantity of sulfur dioxide in pounds per million British Thermal Units (BTU's) which corresponds to a given percent sulfur in fuel being burned and is calculated on the basis of 100% conversion of the sulfur to sulfur dioxide and assuming that no sulfur or sulfur dioxide recovery or control measures are employed.
2.7. "Fuel" means any form of combustible matter (solid, liquid, vapor or gas) that is used as a source of heat.
2.8. "Fuel Burning Unit" means and include any furnace, boiler apparatus, device, mechanism, stack or structure used in the process of burning fuel or other combustible material for the primary purpose of producing heat or power by indirect heat transfer. For the purposes of this rule, all fuel burning units are classified in the following categories:
2.8.1. Type 'a' means any fuel burning unit which has as its primary purpose the generation of steam or other vapor to produce electric power for sale.
2.8.2. Type 'b' means any fuel burning unit not classified as a Type 'a' or Type 'c' unit such as industrial pulverized-fuel-fired furnaces, cyclone furnaces, gas-fired and liquid-fuel-fired units.
2.8.3. Type 'c' means any hand-fired or stoker-fired fuel burning unit not classified as a Type 'a' unit.
2.9. "Indirect Heat Exchanger" means a device that combusts any fuel and produces steam or heats water or any other heat transfer medium. This term includes any duct burner that combusts fuel and is part of a combined cycle system. This term does not include process heaters as defined in subsection 2.18.
2.10. "Malfunction" means a sudden and unavoidable breakdown of process or control equipment.
2.11. "Manufacturing Process" means any action, operation or treatment embracing chemical, industrial or manufacturing efforts, and employing, for example, heat-treating furnaces, by-product coke plants, core-baking ovens, mixing kettles, cupolas, blast furnaces, open hearth furnaces, heating and reheating furnaces, puddling furnaces, sintering plants, electric steel furnaces, ferrous and non-ferrous foundries, kilns, stills, pipe stills, reformers, furnaces associated with manufacturing processes, driers, crushers, grinders, roasters, and equipment used in connection therewith, and all other methods or forms of manufacturing or processing that may emit sulfur dioxide or other sulfur compounds.
2.12. "Natural Gas" means
(1) a naturally occurring mixture of hydrocarbon and nonhydrocarbon gases found in geologic formations beneath the earth's surface, of which the principal constituent is methane, or
(2) liquefied petroleum (LP) gas, as defined by the American Society for Testing and Materials in ASTM D1835-97, "Standard Specification for Liquefied Petroleum Gases".
2.13. "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.
2.14. "Plant" means and includes all fuel burning units, source operations, equipment and grounds utilized in an integral complex.
2.15. "Pollution Control Equipment" means any equipment used for collecting, confining or converting air pollutants for the purpose of preventing or reducing the emission of these pollutants into the open air.
2.16. "Potential To Emit" for the purpose of subdivision 4.1.5 means the maximum capacity of a source, on an annual basis, to emit any air pollutant under its physical and operational design, prior to any air pollution control equipment.
2.17. "Priority I Regions", "Priority II Regions" and "Priority III Regions" are defined in Table 45-10A found at the end of this rule.
2.18. "Process Heater" means a device that is primarily used to heat a material to initiate or promote a chemical reaction in which the material participates as a reactant or catalyst.
2.19. "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.
2.20. "Shutdown" means the cessation of operation of a source subject to this rule for any reason, unless otherwise defined by a permit issued to create an alternative emission limitation.
2.21. "Source Operation" means the last operation in a manufacturing process preceding the emission of air pollutants which operation:
2.21.1. Results in the separation of the air pollutant from the process materials or in the conversion of the process materials into air pollutants; and
2.21.2. Is not an air pollution abatement operation.
2.22. "Stack", for the purposes of this rule, means, but is not limited to, any duct, control equipment exhaust, or similar apparatus, which vents gases and/or particulate matter into the open air.
2.23. "Startup" means the setting in operation of a source subject to this rule for any reason, unless otherwise defined by a permit issued to create an alternative emission limitation.
2.24. "Sulfur Dioxide" is an air pollutant which is a nonflammable, nonexplosive, colorless, gaseous molecule composed of 1 atom of sulfur and 2 atoms of oxygen. In concentrations of 0.3 to 1.0 parts per million and above, most people can detect it by taste; in concentrations greater than 3.0 parts per million it has a pungent, irritating odor to most people.
2.25. "Waste Heat Boiler" means any boiler which derives all or part of its heat input from the waste heat of a manufacturing process operation.
2.26. Other words and phrases used in this rule, unless otherwise indicated, shall have the meaning ascribed to them in W. Va. §22-5-1 et seq.

W. Va. Code R. § 45-10-2