Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-19-2 - Definitions2.1. "Actual Emissions" means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in accordance with subdivisions 2.1a through 2.1.c, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under section 23. Instead, subsections 2.59 and 2.9 shall apply for those purposes. 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 consecutive 24-month 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 emissions for the unit are equivalent to the actual emissions of the unit.2.1.c. For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.2.2. "Actuals PAL" for a major stationary source means a PAL based on the baseline actual emissions (as defined in subsection 2.9) of all emissions units (as defined in subsection 2.26) at the source, that emit or have the potential to emit the PAL pollutant.2.3. "Administrator" means the Administrator of the United States Environmental Protection Agency or the Administrator's duly authorized representative.2.4. "Allowable emissions" means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits, limits established by the Secretary pursuant to the Secretary's rules which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:2.4.a. The applicable standards set forth in 40 CFR Part 60 or 61;2.4.b. Any applicable State Implementation Plan emissions limitations or permit conditions, including those with a future compliance date; or2.4.c. The applicable federally enforceable emissions limitations or permit conditions, including those with a future compliance date.2.5. "Applicable Regulations" means rules of the Secretary as promulgated pursuant to W.Va. Code § 22-5-4, and regulations of the Environmental Protection Agency promulgated pursuant to the Clean Air Act.2.6. "Applicant means any person who makes application to the Secretary for a permit to construct, modify or relocate a source in West Virginia under the provisions of this rule.2.7. "Air Pollutants" means solids, liquids or gases which, if discharged into the air, may result in a statutory air pollution.2.8. "Air Pollution", or "statutory air pollution", has the meaning ascribed to it in W.Va. Code § 22-5-2.2.9. "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with the following:
2.9.a. For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 5-year period immediately preceding when the owner or operator begins actual construction of the project. The Secretary shall allow the use of a different time period upon a determination that it is more representative of normal source operation. 2.9.a.1. The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. 2.9.a.2. The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period.2.9.a.3. For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant.2.9.a.4. The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraph 2.9.a.2.2.9.b. For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the Secretary for a permit required under this rule, whichever is earlier, except that the 10-year period shall not include any period earlier than November 15, 1990. 2.9.b.1.The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. 2.9.b.2. The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period.2.9.b.3. The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, if an emission limitation is part of a maximum achievable control technology standard that the Administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the Secretary has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of subsection 8.6.2.9.b.4. For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant.2.9.b.5. The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraphs 2.9.b.2 and 2.9.b.3.2.9.c. For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit.2.9.d. For a PAL for a major stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in subdivision 2.9. a, for other existing emissions units in accordance with the procedures contained in subdivision 2.9.b, and for a new emissions unit in accordance with the procedures contained in subdivision 2.9.c.2.10. "Begin actual construction" means in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operating this term refers to those on-site activities other than preparatory activities which mark the initiation of the change.2.11. "Best available control technology" or "BACT" means an emissions limitation (including a visible emissions standard) based on the maximum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or major modification which the Secretary, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Parts 60 or 61. If the Secretary determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results.2.12. "Building, structure, facility or installation" means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., which have the same two (2)-digit code) as described in the Standard Industrial Classification Manual, 1987 (U.S. Government Printing Office stock number GPO 0-185-718:QL 3).2.13. "CAA" means the Clean Air Act, 42U.S.C. 7401, et seq., as amended.2.14. "Clean coal technology" means any technology, including technologies applied at the pre combustion, combustion, or post combustion stage, at a new or existing facility which will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam which was not in widespread use as of November 15, 1990.2.15. "Clean coal technology demonstration project" means a project using funds appro heading "Department of Energy-Clean Coal Technology," up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the Environmental Protection Agency. The Federal contribution for a qualifying project shall be at least 20 percent of the total cost of the demonstration project.2.17. "Code" means principally W.Va. Code § 22-5-1 et seq.,and, where applicable, W.Va. Code § 22-18-1 et seq.2.18. "Commence," as applied to construction of a major stationary source or major modification, means that the owner or operator has all necessary preconstruction approvals or permits and either has: 2.18.a. Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or2.18.b. Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.2.19. "Construction" means any physical change or change in the method of operation (including fabrication, erection, installation, demolition or modification of an emissions unit) that would result in a change in emissions.2.20. "Continuous emissions monitoring system" or "CEMS" means all of the equipment that may be required to meet the data acquisition and availability requirements, to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis.2.21. "Continuous emissions rate monitoring system" or "CERMS" means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time).2.22. "Continuous parameter monitoring system" or "CPMS" means all of the equipment necessary to meet the data acquisition and availability requirements of this rule, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and to record average operational parameter value(s) on a continuous basis.2.23. "Department of Environmental Protection" or "DEP" means the Department of Environmental Protection which is created by the provisions of West Virginia Code § 22-1-1, et seq.2.24. "Electric utility steam generating unit" means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.2.25. "Emissions" refers to the release, escape, or discharge of air pollutants into the air.2.26. "Emissions unit" means any part of a stationary source which emits or would have the potential to emit any regulated NSR pollutant and includes an electric utility steam generating unit as defined in subsection 2.24. For purposes of this rule, there are two types of emissions units as described in subdivisions 2.26.a and 2.26.b. 2.26.a. A new emissions unit is any emissions unit which is (or will be) newly constructed and which has existed for less than 2 years from the date such emissions unit first operated.2.26.b. An existing emissions unit is any emissions unit that does not meet the requirements in subdivision 2.26.a. A replacement unit, as defined in subsection 2.62, is an existing emissions unit.2.27. "Federal Land Manager" means, with respect to any lands in the United States, the Secretary of the department with authority over such lands.2.28. "Federally enforceable" means all limitations and conditions which are enforceable by the Administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements within any applicable State implementation plan, any permit requirements established pursuant to 40 CFR §52.21 or this rule, including any operating permits issued under a USEPA-approved program that is incorporated into the State Implementation Plan and expressly requires adherence to any permit issued under such program.2.29. "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening.2.30. "Intrapollutant Emission Offsets" means that emission offsets may only be achieved for the same air pollutants which have comparable physical and chemical characteristics and properties (e.g., VOC increases may not be offset against SO2 reductions, or coke plant particulate matter may not be offset against boiler fly ash, or NOx may not be offset against VOC).2.31. "Lowest achievable emission rate" or (LAER)" means, for any source, that rate of emissions based on the following, whichever is more stringent: 2.31.a. The most stringent emissions limitation which is contained in the implementation plan of any State for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable; or2.31.b. The most stringent emissions limitation which is achieved in practice by such class or category of stationary sources. This term when applied to a new or modified emissions unit, means the lowest achievable emissions rate for such emissions units within the stationary source. In no event shall the application of this term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard of performance.2.32. "Major emissions unit" means:2.32.a. Any emissions unit that emits or has the potential to emit 100 tons per year or more of the PAL pollutant in an attainment area; or2.32.b. Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the CAA for nonattainment areas. For example, in accordance with the definition of major stationary source in §182(c) of the CAA, an emissions unit would be a major emissions unit for VOC if the emissions unit is located in a serious ozone nonattainment area and it emits or has the potential to emit 50 or more tons of VOC per year.2.33. Major Modification. 2.33.a. "Major modification" means any physical change in or change in the method of operation of a major stationary source that would result in:2.33.a.1. A significant emissions increase of a regulated NSR pollutant (as defined in subsection 2.61.); and2.33.a.2. A significant net emissions increase of that pollutant from the major stationary source.2.33.b. Any significant emissions increase (as defined in subsection 2.67) from any emissions units or net emissions increase (as defined in subsection 2.39) at a major stationary source that is significant for volatile organic compounds shall be considered significant for ozone.2.33.c. A physical change or change in the method of operation shall not include: 2.33.c.1. Routine maintenance, repair and replacement;2.33.c.2. Use of an alternative fuel or raw material by reason of an order under sections 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;2.33.c.3. Use of an alternative fuel by reason of an order or rule under §125 of the CAA;2.33.c.4. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;2.33.c.5. Use of an alternative fuel or raw material by a stationary source which: 2.33.c.5.A.The source was capable of accommodating before December 21,1976, unless such change would be prohibited under any federally enforceable permit condition which was established after December 21, 1976 pursuant to 40 CFR §52.21 or under regulations approved pursuant to 40 CFR Subpart I or 40 CFR §51.166, or 2.33.c.5.B. The source is approved to use under any permit issued under this rule;2.33.c.6. An increase in the hours of operation or in the production rate, unless such change is prohibited under any federally enforceable permit condition which was established after December 21,1976 pursuant to 40 CFR §52.21 or regulations approved pursuant to 40 CFR Part 51 Subpart! or 40 CFR §51.166.2.33.c.7. Any change in ownership at a stationary source.2.33.c.9. The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project comphes with: 2.33.c.9.A.The West Virginia State Implementation Plan, and 2.33.c.9.B. Other requirements necessary to attain and maintain the National Ambient Air Quality Standard during the project and after it is terminated.2.33.d. This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under section 23 for a PAL for that pollutant. Instead, the definition at subsection 2.48 shall apply.2.33.e. For the purpose of applying the requirements of subsection 17.6 to modifications at major stationary sources of nitrogen oxides located in ozone nonattainment areas or in ozone transport regions, whether or not subject to Title I, Part D, Subpart 2 of the CAA, any significant net emissions increase of nitrogen oxides is considered significant for ozone.2.33.f. Any physical change in, or change in the method of operation of, a major stationary source of volatile organic compounds that results in any increase in emissions of volatile organic compounds from any discrete operation, emissions unit, or other pollutant emitting activity at the source shall be considered a significant net emissions increase and a major modification for ozone, if the major stationary source is located in an extreme ozone nonattainment area that is subject to Title I, Part D, Subpart 2 of the CAA.2.34. "Major Modification for Ozone" means a major modification for VOC and NOx-2.35. "Major Stationary Source" means: 2.35.a. Any stationary source of air pollutants that emits, or has the potential to emit 100 tons per year or more of any regulated NSR pollutant, except that lower emissions thresholds shall apply in areas subject to ozone nonattainment areas, carbon monoxide nonattainment areas, or particulate matter nonattainment areas, in accordance with the following:2.35.a.1. 50 tons per year of volatile organic compounds in any serious ozone nonattainment area;2.35.a.2. 50 tons per year of volatile organic compounds in an area within an ozone transport region, except for any severe or extreme ozone nonattainment area;2.35.a.3. 25 tons per year of volatile organic compounds in any severe ozone nonattainment area;2.35.a.4. 10 tons per year of volatile organic compounds in any extreme ozone nonattainment area;2.35.a.5. 50 tons per year of carbon monoxide in any serious nonattainment area for carbon monoxide, where stationary sources contribute significantly to carbon monoxide levels in the area (as determined under rules issued by the Administrator); and2.35.a.6. 70 tons per year of PM10 in any serious nonattainment area for PM10.2.35.b. For the purposes of applying the requirements of subsection 17.6 to stationary sources of nitrogen oxides located in an ozone nonattainment area or in an ozone transport region, any stationary source which emits, or has the potential to emit, 100 tons per year or more of nitrogen oxides emissions, except that the following emission thresholds shall apply in areas subject to Title 1, Part D, Subpart 2: 2.35.b.1. 100 tons per year or more of nitrogen oxides in any ozone nonattainment area classified as marginal or moderate;2.35.b.2. 100 tons per year or more of nitrogen oxides in any ozone nonattainment area classified as a transitional, submarginal, or incomplete or no data area, when such area is located in an ozone transport region;2.35.b.3. 100 tons per year or more of nitrogenoxides in any area designated under § 107(d) of the CAA as attainment or unclassifiable for ozone that is located in an ozone transport region;2.35.b.4. 50 tons per year or more of nitrogen oxides in any serious nonattainment area for ozone;2.35.b.5. 25 tons per year or more of nitrogenoxides in any severe nonattainment area for ozone;2.35.b.6. 10 tons per year or more of nitrogen oxides in any extreme nonattainment area for ozone; or2.35.c. Any physical change that would occur at a stationary source not qualifying under subdivisions 2.35.a and 2.35.b as a major stationary source, if the change would constitute a major stationary source by itself2.35.d. A major stationary source that is major for volatile organic compounds shall be considered major for ozone.2.35.e. The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of subsection 2.35 whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources:2.35.e.1. Coal cleaning plants (with thermal dryers);2.35.e.2. Kraft pulp mills;2.35.e.3. Portland cement plants;2.35.e.4. Primary zinc smelters;2.35.e.5. Iron and steel mills;2.35.e.6. Primary aluminum ore reduction plants;2.35.e.7. Primary copper smelters;2.35.e.8. Municipal incinerators capable of charging more than 250 tons of refuse per day;2.35.e.9. Hydrofluoric, sulfuric, or nitric acid plants;2.35.e.10. Petroleum refineries;2.35.e.12. Phosphate rock processing plants;2.35.e.13. Coke oven batteries;2.35.e.14. Sulfur recovery plants;2.35.e.15. Carbon black plants (furnace process);2.35.e.16. Primary lead smelters;2.35.e.17. Fuel conversion plants;2.35.e.18. Sintering plants;2.35.e.19.Secondary metal production plants;2.35.e.20. Chemical process plants - The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140;2.35.e.21. Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;2.35.e.22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;2.35.e.23. Taconite ore processing plants;2.35.e.24. Glass fiber processing plants;2.35.e.25. Charcoal production plants;2.35.e.26. Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; and2.35.e.27. Any other stationary source category which, as of August 7, 1980, is being regulated under §§111 or 112 of the CAA.2.35.f. In addition to those facilities covered under subdivision 2.35.e, all coal preparation plants as defined under 40 CFR §60.251 (a) which process more than 200 tons per day shall count fugitive emissions from all "affected facilities" at the source.2.35.g. For the purpose of subdivision 2.35.f, the term "affected facilities" means those facilities which are listed or identified as "affected facilities" in the applicable standard promulgated under §§111 or 112 of the CAA."2.36. "Major Stationary Source for Ozone" means a major stationary source of VOC or NOx.2.37. "National Ambient Air Quality Standard (NAAQS)" means the numerical standard specified by the United States Environmental Protection Agency for each air pollutant for which air quality criteria have been issued.2.38. "Necessary pre construction approvals or permits" means those permits or approvals required under federal air quality control laws or regulations and air quality control laws and rules of the State of West Virginia. Where a consent order is required to be submitted to the USEPA for inclusion in the State Implementation Plan, the applicant will not have all necessary pre-construction approvals or permits until such time as the Administrator approves such consent order for inclusion in the State Implementation Plan.2.39. "Net emissions increase" means, with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero: 2.39.a. The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to subsection 3.4.; and2.39.b. Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this subdivision shall be determined as provided in subsection 2.9, except that paragraphs 2.9.a.3 and 2.9.b.4 shall not apply. 2.39.b.1. An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs before the date that the increase from the particular change occurs;2.39.b.2. An increase or decrease in actual emissions is creditable only if: 2.39.b.2.A. It occurs within a reasonable period to be specified by the Secretary; and2.39.b.2.B. The Secretary has not relied on the increase or decrease in issuing a permit for the source under section 14, which permit is in effect when the increase in actual emissions from the particular change occurs.2.39.b.3. An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.2.39.b.4. A decrease in actual emissions is creditable only to the extent that: 2.39.b.4.A. The old level of actual emission or the old level of allowable emissions whichever is lower, exceeds the new level of actual emissions;2.39.b.4.B. It is federally enforceable and enforceable by the Secretary as a practical matter at and after the time that actual construction on the particular change begins; and2.39.b.4.C. The Secretary has not relied on it in issuing any permit under this rule, in demonstrating attainment of the NAAQS, or in a demonstration of reasonable further progress; and2.39.b.4.D. It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.2.39.b.5. An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shake down becomes operational only after a reasonable shakedown period, not to exceed one hundred eighty (180) days.2.39.c. Subdivision 2.1.a shall not apply for determining creditable increases and decreases or after a change.2.40. "Nonattainment Area" means for the purpose of this rule, those areas designated in accordance with §107 of the CAA as not having attained NAAQS for specific air pollutants. Nonattainment areas for ozone, carbon monoxide, and PM10 are divided into categories, which may have different major source size definitions and offset ratio requirements than in previous regulations. These categories are as follows: 2.40.a. Ozone nonattainment areas may be designated as Marginal, Moderate, Serious, Severe, or Extreme.2.40.b. Carbon monoxide nonattainment areas may be designated as Moderate or Severe.2.40.c. PM10 nonattainment areas may be designated as Moderate or Severe.2.41. "Nonattainment major new source review (NSR) program" means a major source pre construction permit program that has been approved by the Administrator, or a program that implements 40 CFR Part 51, appendix S, sections I through VI. Any permit issued under such a program is a major NSR permit.2.42. "Offset or "emission offset" means an emission reduction of a given pollutant achieved at an existing source (or emissions unit within such source) that allows for the emission of such given pollutant at a different proposed source (or emissions unit within such proposed source); provided that the amount of reduction in emissions at the existing source (or emissions unit within such source), is greater, on a tons per year basis, than one-to-one with respect to the proposed emissions from the different source (or emissions unit within such source) so that total emissions from the source including all existing and proposed facilities for a given pollutant shall be less than baseline emissions. This term also means an emission reduction of a given pollutant achieved at a unit within an existing source that allows for the emission of such given pollutant at a different unit within the same existing source. In addition to the above requirement that offset ratios must be greater than one-to-one, the offset ratios in ozone nonattainment areas must equal or exceed: 2.42.a. In marginal ozone nonattainment areas, 1.1 to 1.2.42.b. In moderate ozone nonattainment areas, 1.15 to 1.2.42.c. In serious ozone nonattainment areas, 1.2 to 1.2.42.d. In severe ozone nonattainment areas, 1.3 to 1.2.42.e. In extreme ozone nonattainment areas, 1.5 to 1.2.43. "Offset Ratio" means the ratio of total emission reductions to total emission increases, for any specific pollutant.2.44. "PM2.5" means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by a reference method described in Appendix 1 of 40 CFR Part 50.2.45. "PM10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method described in Appendix J of 40 CFR Part 50.2.46. "Particulate Matter" means any material, except uncombined water, that exists in a finely divided form as a liquid or solid.2.47. "PAL effective date" generally means the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit which is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.2.48. "PAL effective period" means the period beginning with the PAL effective date and ending 10 years later.2.49. "PAL major modification" means, notwithstanding subsections 2.33 and 2.39 (the definitions for major modification and net emissions increase), any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.2.50. "PAL permit" means the major NSR permit, the minor NSR permit, orthe title V permit issued by the Secretary that establishes a PAL for a major stationary source.2.51."PAL pollutant" means the pollutant for which a PAL is established at a major stationary source. 2.52. "Person" means any and all persons, natural or artificial, including the State of West Virginia or any other state and all agencies or divisions thereof, any state political subdivision, the United States of America, any municipal, statutory, public or private corporation or association organized or existing under the law of this or any other state or country, and any firm, partnership or association of whatever nature.2.53. "Plantwide applicability limitation" or "PAL" means an emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with subsections 23.1 through 23.15.2.54. "Pollution prevention" means any activity that through process changes, product reformulation or redesign, or substitution of less polluting raw materials, eliminates or reduces the release of air pollutants (including fugitive emissions) and other pollutants to the environment prior to recycling, treatment, or disposal; it does not mean recycling (other than certain "in-process recycling" practices), energy recovery, treatment or disposal.2.55. "Potential to emit means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source 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 only if the limitation or the effect it would have on emissions is federally enforceable or is enforceable by the Secretary in any permit or consent order issued by the Administrator or by the Secretary. Secondary emissions do not count in determining the potential to emit of a stationary source.2.56. "Predictive emissions monitoring system" or "PEMS" means all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions rate (for example, Ib/hr) on a continuous basis.2.57. "Prevention of Significant Deterioration (PSD) permit" means any permit that is issued under the major source preconstruction permit program set forth in 45CSR14.2.58. "Project" means a physical change in, or change in the method of operation of, an existing major stationary source.2.59. "Projected actual emissions" means, the maximum annual rate, intons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the 5 years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit of that regulated NSR pollutant and fuel utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source. In determining the projected actual emissions, before beginning actual construction, the owner or operator of the major stationary source: 2.59.a. Shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the State or Federal regulatory authorities, and compliance plans under the approved plan; and2.59.b. Shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfianctions; and2.59.c. Shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under subsection 2.9 and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or2.59.d. In lieu of using the method set out in subdivisions 2.59.a through 2.59.C, may elect to use the emissions unit's potential to emit, in tons per year, as defined under subdivision 2.55.2.60. "Reasonable Further Progress" means the annual reductions in emissions of pollutants in nonattainment areas as are required pursuant to Part D of the 1990 Clean Air Act Amendments or which are required by the Secretary or the Administrator for the purpose of ensuring attainment of NAAQS by the applicable statutory deadline.2.61. "Regulated NSR Pollutant means the following: 2.61.a. Any pollutant for which a National Ambient Air Quality Standard has been promulgated;2.61.b. Nitrogen oxides or any volatile organic compounds;2.61.c. Any pollutant that is identified under this subdivision as a constituent or precursor of a general pollutant listed under subdivisions 2.61.a or 2.61.b, provided that such constituent or precursor pollutant may only be regulated under NSR as part of regulation of the general pollutant. Precursors identified by the Administrator for purposes of NSR are the following: 2.61.c.1. Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone nonattainment areas.2.61.c.2. Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment areas.2.61.c.3. Nitrogen oxides are presumed to be precursors to PM2.5 in all PM2.5 nonattainment areas, unless the Secretary demonstrates to the Administrator's satisfaction or USEPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM2.5 concentrations.2.61.c.4. Volatile organic compounds and ammonia are presumed not to be precursors to PM2.5 in any PM2.5 nonattainment area, unless the Secretary demonstrates to the Administrator's satisfaction or USEPA demonstrates that emissions of volatile organic compounds or ammonia from sources in a specific area are a significant contributor to that area's ambient PM2.5 concentrations.2.61.d. PM2.5 emissions and PM10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2 5 and PM10 in nonattainment major NSR permits. Compliance with emissions limitations for PM2.5 and PM10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this rule unless the applicable implementation plan required condensable particulate matter to be included.2.62. "Replacement unit means an emissions unit for which all the criteria listed in subdivisions 2.62.a through 2.62.d are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. 2.62.a. The emissions unit is a reconstructed unit within the meaning of 40 CFR §60.15 (b)(1), or the emissions unit completely takes the place of an existing emissions unit;2.62.b. The emissions unit is identical to or functionally equivalent to the replaced emissions unit;2.62.c. The replacement does not change the basic design parameter(s) of the process unit; and2.62.d. The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit.2.64. "Secondary emissions" means emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. 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 major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source such as emissions from the tailpipe of a motor vehicle, a train, or from a vessel.2.65. "Secretary" means the Secretary of the Division of Environmental Protection or his or her designated representative.2.66. "Significant means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates: Pollutant and Pollutant Emission Rate (tons per year) |
Carbon monoxide: | 100 tpy |
Nitrogen oxides: | 40 tpy |
Sulfur dioxide: | 40 tpy |
Ozone: | 40 tpy of VOC or NOx |
Lead: | 0.6 tpy |
PM10: | 15 tpy |
PM2.5: | 10 tpy of direct PM2.5 emissions |
PM2.5: | 40 tpy of SO2 emissions |
PM2.5: (unless demonstrated not to be a PM2.5 precursor under subsection 2.61). | 40 tpy of NOx emissions |
2.66.a. Notwithstanding the significant emissions rate for ozone in subsection 2.66, significant means, in reference to an emissions increase or a net emissions increase, any increase in actual emissions of volatile organic compounds that would result from any physical change in, or change in the method of operation of, a major stationary source locating in a serious or severe ozone nonattainment area that is subject to Title I, Part D, Subpart 2 of the CAA, if such emissions increase of volatile organic compounds exceeds 25 tons per year.2.66.b. For the purposes of applying the requirements of subsection 17.6 to modifications at major stationary sources of nitrogen oxides located in an ozone nonattainment area or in an ozone transport region, the significant emission rates and other requirements for volatile organic compounds in subsection 2.66, subdivisions 2.66.a and 2.66.d shall apply to nitrogen oxides emissions.2.66.c. Notwithstanding the significant emissions rate for carbon monoxide under subsection 2.66, significant means, in reference to an emissions increase or a net emissions increase, any increase in actual emissions of carbon monoxide that would result from any physical change in, or change in the method of operation of, a major stationary source in a serious nonattainment area for carbon monoxide if such increase equals or exceeds 50 tons per year, provided the Administrator has determined that stationary sources contribute significantly to carbon monoxide levels in that area.2.66.d. Notwithstanding the significant emissions rates for ozone under subsection 2.66 and subdivision 2.66.a, any increase in actual emissions of volatile organic compounds from any emissions unit at a major stationary source of volatile organic compounds located in an extreme ozone nonattainment area that is subject to Title I, Part D, Subpart 2 of the CAA shall be considered a significant net emissions increase.2.67. " Significant emissions increase" means, for a regulated NSR pollutant, an increase in emissions that is significant for that pollutant.2.68. "Significant emissions unit" means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level, as defined in subsection 2.66 or the CAA, whichever is lower, for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit.2.69. "Significant Impact" means an increase in the ambient air concentration for a particular pollutant as follows: Averaging time (hours) |
Annual | 24 | 8 | 3 | 1 |
Ambient Air Concentration Increase (µg/m3) |
SO2 | 1.0 | 5.0 | 25.0 |
PM10 | 1.0 | 5.0 |
PM2.5 | 0.3 | 1.2 |
NO2 | 1.0 |
Ambient Air Concentration Increase (mg/m3) |
CO | 0.5 | 2.0 |
2.70. "Small emissions unit" means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in subsection 2.66 or the CAA, whichever is lower.2.71. "Source" or "stationary source" means any building, structure, facility or installation which emits or may emit a regulated NSR pollutant. 2.72. "Temporary clean coal technology demonstration project means a clean coal technology demonstration project that is operated for a period of 5 years or less, and which complies with the State Implementation Plan for the State in which the project is located and other requirements necessary to attain and maintain the National Ambient Air Quality Standards during the project and after it is terminated.2.73. "Temporary Source" or "sources of temporary emissions", means for a source located in a nonattainment area and subject to this rule, those emissions occurring for a period of time less than two years.2.74. "TSP" or "Total Suspended Particulate Matter" means particulate matter as measured by the method described in Appendix B of 40 CFR Part 50.2.75. "USEPA" means the United States Environmental Protection Agency.2.76. "Volatile organic compounds (VOC)" are as defined in 40 CFR §51.100 (s).2.77. Other words and phrases used in this rule, unless otherwise indicated, have the meaning ascribed to them in W.Va. Code § 22-5-2 and the federal Clean Air Act.