Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-13-2 - Definitions2.1. "Actual emissions" means the actual rate of emissions of a pollutant from an emissions unit, as described below: 2.1.a. In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a two (2)-year period which precedes the particular date and which is representative of normal source operation. The Secretary may allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.2.1.b. The Secretary may presume that source-specific allowable or permitted emissions for the unit are equivalent to the actual emissions of the unit.2.1.c. For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date or the actual emissions of an existing source with similar operations and production levels at the Secretary's discretion.2.2. "Administrative update" means any revision of a current and valid permit or general permit registration which meets the provisions of Section 4 of this Rule.2.3. "Clean Air Act" ("CAA") means the federal Clean Air Act, as found at 42 U.S.C. § 7401 et seq., as amended.2.4. "Commenced" means that an owner or operator has all necessary preconstruction approval or permits and has undertaken a continuous program of physical site preparation, construction, modification, or relocation, or that a binding general construction contract has been entered into which obligates one (1) party to such contract to perform the physical work involved in such program of construction, modification, or relocation of a source or emissions unit. Interruptions resulting from acts of God, strikes, or other matters beyond the control of the owner shall be disregarded in determining whether a construction, modification, or relocation program is continuous unless otherwise specifically provided within this rule.2.5. "Construction" means any physical change or change in the method of operation (including onsite fabrication, erection, installation, demolition, or modification of an emissions unit) which would result in an increase in the potential to emit or an increase in actual emissions of regulated air pollutants unless otherwise specifically provided within this rule.2.6. "De minimis source" means any emissions unit listed in Table 45-13B below, whether individual or a part of a common plan (i.e., a common set of new sources or physical changes in or changes in the method of operation of any existing stationary source). A "de minimis source" is deemed to have insignificant emissions and/or is not usually a source of quantifiable emissions which can be practically regulated in determining potential to emit or actual emissions for the purpose of determining whether a permit is required under this rule. Emissions to the extent quantifiable from emissions units listed in Table 45-13B do not need to be added together by the source unless otherwise required by the Secretary. 2.6.a. Unless otherwise determined by the Secretary, emissions from a de minimis source shall not be included in determining the "potential to emit" for purposes of applicability under this rule. However, in implementing the permitting program under this rule, the Secretary may require emissions information for de minimis sources for inclusion in a permit review. Sources located in nonattainment areas may not be eligible to use Table 45-13B for the pollutant or its precursors for which the area is in nonattainment. Inclusion of an emissions unit in Table 45-13B does not preclude the source's duty to comply with W. Va. Code § 22-5-1, et seq. and all applicable State rules and federal regulations, including 45CSR4.2.6.b. Emissions units listed in Table 45-13B do not require any monitoring, recordkeeping or reporting unless specifically requested by the Secretary.2.6.c. Notwithstanding any other requirements and standards of this rule, a source may use the procedures described in subsection 5.12 to petition the Secretary for a determination of regulatory applicability for a particular emissions unit that may meet the criteria for a "de minimis source" but which is not specifically listed in Table 45-13B.2.7. "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 22-1-8.2.8. "Discharge" means the release, escape, or emission of air pollutants into the air.2.9. "Emissions unit" means any part or activity of a stationary source that emits or discharges or has the potential to discharge or emit any regulated air pollutant. 2.10. "Enforceable" means enforceable by the Secretary and U. S. EPA unless specifically designated to mean otherwise in this rule.2.11. "EPA" or "U. S. EPA" means the United States Environmental Protection Agency.2.12. "Existing stationary source operating permit" means a permit issued by the Secretary at the request of an owner or operator of a stationary source which establishes enforceable emission rates, operating conditions, and compliance determination procedures for that source based upon applicable rules and terms agreed to by the Secretary and the owner or operator.2.13. "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening.2.14. "Hazardous air pollutant" or "HAP" means any substance listed pursuant to section 112(b) of the Clean Air Act.2.15. "Major modification" has the meanings ascribed to this term in 45CSR14 or 45CSR19 depending upon the attainment status, with respect to the National Ambient Air Quality Standards, of the area in which a particular stationary source is located.2.16. "Major stationary source" has the meaning ascribed to this term in 45CSR14, 45CSR19 or 45CSR30.2.17. "Modification" for the purpose of this rule means any physical change in or change in the method of operation of any existing stationary source, excluding any emissions unit which meets or falls below the criteria delineated in Table 45-13B, which: 2.17.a. Results in an emissions increase of six (6) pounds per hour and ten (10) tons per year or more, or more than 144 pounds per calendar day, of any regulated air pollutant, other than emissions of any one or the aggregate of all Greenhouse Gases (GHG's), the air pollutant defined in 40 C.F.R. § 86.1818-12(a) as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride;2.17.b. Results in an emissions increase of two (2) pounds per hour or five (5) tons per year of hazardous air pollutants considered on an aggregated basis;2.17.c. Results in an increase in emissions of an air pollutant listed in Table 45-13A below of ten percent (10%) or more of the amount set forth in Table 45-13A at a facility which, prior to the physical change or change in method of operation, has the potential to emit the air pollutant at or above the amount set forth in Table 45-13A; provided that nothing in this subdivision shall affect the facility's obligation to comply with 45 C.S.R. 27;2.17.d. Results in an increase in emissions of any air pollutant listed in Table 45-13A that would in turn result in total emissions of the air pollutant at the stationary source equal to or greater than the amounts in Table 45-13A; or2.17.e. Results in any regulated air pollutant emissions increase for which the owner or operator of a source voluntarily chooses to obtain a modification permit pursuant to this rule, even though the owner or operator is not otherwise required to do so.2.17.f. The following actions, however, shall not constitute a modification of a stationary source: 2.17.f.1. Installation or replacement of air pollution control equipment, provided that such new equipment is at least as effective in the control of air pollutant emissions as any equipment replaced and that no new air pollutant discharge results from its installation;2.17.f.2. Routine maintenance, repair, and replacement (excluding such activities that are subject to new source performance standards under 45CSR16);2.17.f.3. An increase in hours of operation, unless a limitation has been explicitly placed upon hours of operation in an applicable permit or order;2.17.f.4. An increase in throughput or production rate, if such increase does not exceed the design capacity of the source or emissions unit, or increase emissions above the levels provided in this paragraph and there is no explicit limitation of production rate or throughput in an applicable permit or order; or2.17.f.5. Use of an alternative fuel or raw material, provided that the source is designed to accommodate such alternative use without increasing emissions above the levels provided in this paragraph and such usage is not prohibited by an applicable permit or order.2.17.f.6. An emissions reduction for each regulated pollutant from current actual emissions to new potential emissions from any replacement of a natural gas compressor engine not previously required to obtain a permit under this rule with another natural gas compressor engine: provided that the owner or operator of the source shall notify the Secretary of such replacement and the emissions reduction within ten (10) working days of the replacement.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, association or business entity of whatever nature.2.19. "Potential to emit" means the maximum design capacity of a stationary source or emissions unit to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source or emissions unit to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed shall be treated as part of its design if the limitation or the effect it would have on emissions is enforceable by the Secretary and U. S. EPA in any permit or consent order. Secondary emissions shall not be included in any determination of a stationary sources potential to emit. 2.19.a. Notwithstanding the provisions of subsection 2.19, any natural gas compressor which is equipped with a catalytic converter which is integral to the unit shall have its potential to emit determined taking into consideration reductions achieved by the catalytic converter Said catalytic converter must be interlocked in such a way as to not allow operation of the engine without operation of the catalytic converter. The catalytic converter shall have the catalyst replaced every 45,000 hours of operation or every ten (10) years, whichever is earlier, as established by records kept by the source, unless the Secretary approves an alternative method of verifying catalyst effectiveness.2.19.b. Upon written petition by a facility that an air pollution control device is inherent to the emission unit, the Secretary may rule on a case-by-case basis that potential to emit may be determined taking into consideration reductions achieved by the control device. "Inherent to the emission unit" means that the emission unit cannot be operated without the air pollution control device being properly maintained.2.20. "Regulated air pollutant" for the purpose of this rule means the following: 2.20.a. Nitrogen oxides (NOx), volatile organic compounds (VOC), or particulate matter;2.20.b. Any air pollutant for which a national ambient air quality standard has been promulgated including particulate matter (PM10), sulfur dioxide, carbon monoxide, nitrogen dioxide, ozone, and lead or lead compounds;2.20.c. Any air pollutant listed on table 45-13A below;2.20.d. Any air pollutant subject to an emission standard promulgated by the Secretary including mineral acids in 45CSR7;2.20.e. Any air pollutant subject to a new source performance standard (NSPS) promulgated under section 111 of the Clean Air Act (including section 111(d)), which requires new and modified sources to satisfy emissions standards, work practice standards and other requirements;2.20.f. Any of the ozone-depleting substances specified as a Class I (primarily chlorofluorocarbons) or Class II substance (hydrochloro fluorocarbons) under Title VI of the Clean Air Act; or2.20.g. Any air pollutant subject to a standard or other requirement promulgated under section 112 of the Clean Air Act, specifically excluding air pollutants listed only in 112(r).2.21. "Relocation" means the physical movement of a stationary source outside the existing plant boundaries.2.22. "Responsible official" means one of the following:2.22.a. For a corporation or other business entity: a president, secretary, treasurer, or vice-president of the corporation or business entity in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation or business entity, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either (i) the facilities employ more than two hundred fifty (250) persons or have gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000) (in second quarter 1990 dollars), or (ii) a representative delegated with such authority and approved in advance by the Secretary;2.22.b. For a partnership or sole proprietorship: a general partner or the proprietor, respectively;2.22.c. For a municipality, State, Federal, or other public entity: either a principal executive officer or ranking elected official. For the purposes of this rule, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of U.S. EPA); or2.22.d. The designated representative delegated with such authority and approved in advance by the Secretary.2.23. "Secondary emissions" means emissions which would occur as a result of the construction or operation of a stationary source or of a modification, but do not come from the stationary source or modification itself. For the purpose of this rule, secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include, but are not limited to, emissions from any off-site support facility which would not otherwise be constructed or increase its emissions except as a result of the construction or operation of the stationary source or modification.2.24. "Stationary source" means, for the purpose of this rule, any building, structure, facility, installation, or emission unit or combination thereof, excluding any emissions unit which meets or falls below the criteria delineated in Table 45-13B, which: 2.24.a. Is subject to any substantive requirement of an emission control rule promulgated by the Secretary;2.24.b. Discharges or has the potential to discharge more than six (6) pounds per hour and ten (10) tons per year, or has the potential to discharge more than 144 pounds per calendar day, of any regulated air pollutant, other than emissions of any one or the aggregate of all Greenhouse Gases (GHG's), the air pollutant defined in 40 C.F.R. § 86.1818-12(a) as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride;2.24.c. Discharges or has the potential to discharge more than two (2) pounds per hour or five (5) tons per year of hazardous air pollutants considered on an aggregated basis;2.24.d. Discharges or has the potential to discharge any air pollutant(s) listed in Table 45-13A in the amounts shown in Table 45-13A or greater; or2.24.e. An owner or operator voluntarily chooses to be subject to a construction or modification permit pursuant to this rule, even though not otherwise required to do so.2.25. "Statutory air pollution" means and is limited to the discharge into the air by the act of man of substances (liquid, solid, gaseous, organic or inorganic) in a locality, manner and amount as to be injurious to human health or welfare, animal or plant life, or property, or which would interfere with the enjoyment of life or property.2.26. "Store on-site" means that any equipment, supplies, emission unit or any support equipment which make up in part or in whole an emission unit or any support equipment may be received and located at a stationary source, including on its permanent pad or foundation, but it shall not be modified, constructed, erected or installed. Any equipment, supplies, emission unit or any support equipment which make up in part or in whole an emission unit or any support equipment which are "stored on-site" shall be kept in the same condition as it was received, except that packaging material may be removed.2.27. "Volatile Organic Compounds" (VOC) has the same meaning as defined in 40 CFR § 51.100(s).2.28. Other words and phrases used in this rule, unless otherwise indicated, have the meaning ascribed to them in W. Va. Code § 22-5-1, et seq. and any rules promulgated thereunder.