W. Va. Code R. § 45-18-2

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-18-2 - Definitions
2.1. "Administrator" means the Administrator of the United States Environmental Protection Agency (U.S. EPA) or his or her designated representative.
2.2. "Air curtain incinerator" or "ACI" for the purpose of section 9 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. "Bag leak detection system" for the purpose of section 9 means an instrument that is capable of monitoring particulate matter loadings in the exhaust of a fabric filter (i.e., baghouse) in order to detect bag failures. A bag leak detection system includes, but is not limited to, an instrument that operates on triboelectric, light scattering, light transmittance, or other principle to monitor relative particulate matter loadings.
2.4. "Cd" means Cadmium.
2.5. "CEMS" or "continuous emission monitoring system" for the purpose of section 9 means the total equipment that may be required to meet the data acquisition and availability requirements used to sample, condition (if applicable), analyze, and provide a record of emissions.
2.6. "CEMS data during startup and shutdown" for the purpose of section 9 means the following:
2.6.a. For incinerators and small remote incinerators: CEMS data collected during the first hours of operation of a CISWI startup from a cold start until waste is fed into the unit and the hours of operation following the cessation of waste material being fed to the CISWI during a unit shutdown. For each startup event, the length of time that CEMS data may be claimed as being CEMS data during startup must be 48 operating hours or less. For each shutdown event, the length of time that CEMS data may be claimed as being CEMS data during shutdown must be 24 operating hours or less;
2.6.b. For energy recovery units: CEMS data collected during the startup or shutdown periods of operation. Startup begins with either the first-ever firing of fuel in a boiler or process heater for the purpose of supplying useful thermal energy (such as steam or heat) for heating, cooling or process purposes, or producing electricity, or the firing of fuel in a boiler or process heater for any purpose after a shutdown event. Startup ends four hours after the boiler or process heater makes useful thermal energy (such as heat or steam) for heating, cooling, or process purposes, or generates electricity, whichever is earlier. Shutdown begins when the boiler or process heater no longer makes useful thermal energy (such as heat or steam) for heating, cooling, or process purposes and/or generates electricity or when no fuel is being fed to the boiler or process heater, whichever is earlier. Shutdown ends when the boiler or process heater no longer makes useful thermal energy (such as steam or heat) for heating, cooling, or process purposes and/or generates electricity, and no fuel is being combusted in the boiler or process heater; and
2.6.c. For waste-burning kilns: CEMS data collected during the periods of kiln operation that do not include normal operations. Startup means the time from when a shutdown kiln first begins firing fuel until it begins producing clinker. Startup begins when a shutdown kiln turns on the induced draft fan and begins firing fuel in the main burner. Startup ends when feed is being continuously introduced into the kiln for at least 120 minutes or when the feed rate exceeds 60 percent of the kiln design limitation rate, whichever occurs first. Shutdown means the cessation of kiln operation. Shutdown begins when feed to the kiln is halted and ends when continuous kiln rotation ceases.
2.7. "Chemical recovery unit" for the purpose of section 9 means combustion units burning materials to recover chemical constituents or to produce chemical compounds where there is an existing commercial market for such recovered chemical constituents or compounds. A chemical recovery unit is not an incinerator, a waste-burning kiln, an energy recovery unit or a small, remote incinerator under this subpart. The following seven types of units are considered chemical recovery units:
2.7.a. Units burning only pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery process and reused in the pulping process;
2.7.b. Units burning only spent sulfuric acid used to produce virgin sulfuric acid;
2.7.c. Units burning only wood or coal feedstock for the production of charcoal;
2.7.d. Units burning only manufacturing by product streams/residue containing catalyst metals that are reclaimed and reused as catalysts or used to produce commercial grade catalysts;
2.7.e. Units burning only coke to produce purified carbon monoxide that is used as an intermediate in the production of other chemical compounds;
2.7.f. Units burning only hydrocarbon liquids or solids to produce hydrogen, carbon monoxide, synthesis gas, or other gases for use in other manufacturing processes; and
2.7.g. Units burning only photographic film to recover silver.
2.8. "CFR" or "C.F.R." means the Code of Federal Regulations.
2.9. "Clean Air Act" ("CAA") means the federal Clean Air Act, as amended, 42 U.S.C. § 7401, et seq.
2.10. "CMS" or "continuous monitoring system" for the purpose of section 9 means the total equipment, required under the emission monitoring sections in applicable subparts, used to sample and condition (if applicable), to analyze, and to provide a permanent record of emissions or process parameters. A particulate matter continuous parameter monitoring system (PM CPMS) is a type of CMS.
2.11. "Commercial and industrial solid waste incineration unit", "CISWI", or "CISWI unit" means any distinct operating unit of any commercial or industrial facility that combusts, or has combusted in the preceding six months, any solid waste as that term is defined in 40 CFR part 241 . If the operating unit burns materials other than traditional fuels as defined in 40 CFR § 241.2 that have been discarded, and the owner or operator does not keep and produce records as required by subdivision 9.11.u, the operating unit is a CISWI unit. While not all CISWI units will include all of the following components, a CISWI unit includes, but is not limited to, the solid waste feed system, grate system, flue gas system, waste heat recovery equipment, if any, and bottom ash system. The CISWI unit does not include air pollution control equipment or the stack. The CISWI unit boundary starts at the solid waste hopper (if applicable) and extends through two areas: the combustion unit flue gas system, which ends immediately after the last combustion chamber or after the waste heat recovery equipment, if any; and the combustion unit bottom ash system, which ends at the truck loading station or similar equipment that transfers the ash to final disposal. The CISWI unit includes all ash handling systems connected to the bottom ash handling system.
2.12. "HCl" means hydrogen chloride.
2.13. "Hg" means mercury.
2.14. "Hospital, medical, and infectious waste incinerator" or "HMIWI unit" means any device that combusts any amount of hospital waste or medical/infectious waste.
2.15. "Municipal waste combustor unit" or "municipal waste combustor" means any setting or equipment that combusts solid, liquid or gasified municipal solid waste including, but not limited to, field-erected incinerators (with or without heat recovery), modular incinerators (starved-air or excess-air), boilers (i.e., steam generating units), furnaces (whether suspension-fired, grate-fired, mass-fired, air curtain incinerators, or fluidized bed-fired), and pyrolysis/combustion units.
2.15.a. Municipal waste combustors do not include:
2.15.a.1. pyrolysis/combustion units located at a plastics/rubber recycling unit as specified in 40 CFR § 60.50b(m);
2.15.a.2. cement kilns firing municipal solid waste as specified in 40 CFR § 60.50b(p);
2.15.a.3. internal combustion engines, gas turbines, or other combustion devices that combust landfill gases collected by landfill gas collection systems.
2.15.b. The municipal waste combustor unit includes, but is not limited to, the municipal solid waste fuel feed system, grate system, flue gas system, bottom ash system, and the combustor water system. The municipal waste combustor boundary starts at the municipal solid waste pit or hopper and extends through:
2.15.b.1. The combustor flue gas system, which ends immediately following the heat recovery equipment or, if there is no heat recovery equipment, immediately following the combustion chamber;
2.15.b.2. The combustor bottom ash system, which ends at the truck loading station or similar ash handling equipment that transfer the ash to final disposal, including all ash handling systems that are connected to the bottom ash handling system; and
2.15.b.3. The combustor water system, which starts at the feed water pump and ends at the piping exiting the steam drum or superheater.
2.16. "NOX" means nitrogen oxides.
2.17. "Other solid waste incineration unit" or "OSWI unit" means either a very small municipal waste combustion unit or an institutional waste incineration unit. Unit types listed in 40 CFR § 60.2887 are not OSWI units. While not all OSWI units will include all of the following components, an OSWI unit includes, but is not limited to, the municipal or institutional solid waste feed system, grate system, flue gas system, waste heat recovery equipment, if any, and bottom ash system. The OSWI unit does not include air pollution control equipment or the stack. The OSWI unit boundary starts at the municipal or institutional waste hopper (if applicable) and extends through two areas:
2.17.a. The combustion unit flue gas system, which ends immediately after the last combustion chamber or after the waste heat recovery equipment, if any; and
2.17.b. The combustion unit bottom ash system, which ends at the truck loading station or similar equipment that transfers the ash to final disposal. The OSWI unit includes all ash handling systems connected to the bottom ash handling system.
2.18. "Oxygen analyzer system" for the purposes of section 9 means all equipment required to determine the oxygen content of a gas stream and used to monitor oxygen in the boiler or process heater flue gas, boiler/process heater, firebox, or other appropriate location. This definition includes oxygen trim systems and certified oxygen CEMS. The source owner or operator is responsible to install, calibrate, maintain, and operate the oxygen analyzer system in accordance with the manufacturer's recommendations.
2.19. "Pb" means lead.
2.20. "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.
2.21. "PM" means particulate matter.
2.22. "Secretary" means the Secretary of the Department of Environmental Protection or other person to whom the Secretary has delegated authority or duties pursuant to W.Va. Code §§ 22-1-6 or 22-1-8.
2.23. "Shutdown" for the purpose of section 9 means, for incinerators and small, remote incinerators, the period of time after all waste has been combusted in the primary chamber.
2.24. "SO2" means sulfur dioxide.
2.25. "Standard Metropolitan Statistical Area" means any areas listed in OMB Bulletin No. 93-17 entitled "Revised Statistical Definitions for Metropolitan Areas" dated June 30, 1993.
2.26. "Startup period" for the purpose of section 9 means for incinerators and small, remote incinerators, the period of time between the activation of the system and the first charge to the unit.
2.27. Other words and phrases used in this rule, unless otherwise indicated, shall have the meaning ascribed to them in 40 CFR part 60 subparts A, B, Ce, Eb, Ec, AAAA, CCCC, DDDD, EEEE and LLLL as applicable. Words and phrases not defined therein shall have the meaning given to them in the federal Clean Air Act.

W. Va. Code R. § 45-18-2