Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-21-2 - Definitions2.1. "Actual emissions" means the quantity of volatile organic compounds (VOCs) emitted from a source during a particular time period.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. "Ambient air" means that portion of the atmosphere, external to buildings, to which the general public has access.2.5. "As applied" means including dilution solvents added before application of the coating.2.6. "ASTM" means American Society for Testing And Materials.2.7. "Bulk gasoline plant" means a gasoline storage and distribution facility with an average daily throughput of 76,000 liters (L) (20,000 gallons [gal]) of gasoline or less on a 30-day rolling average.2.8. "Bulk gasoline terminal" means a gasoline storage facility that receives gasoline from refineries, delivers gasoline to bulk gasoline plants or to commercial or retail accounts, and has a daily throughput of more than 76,000 liters (20,000 gallons) of gasoline on a 30-day rolling average.2.9. "Capture efficiency" means the weight per unit time of VOC entering a capture system and delivered to a control device divided by the weight per unit time of total VOC generated by a source of VOC, expressed as a percentage.2.10. "Capture system" means all equipment (including, but not limited to, hoods, ducts, fans, booths, ovens, dryers, etc.) that contains, collects, and transports an air pollutant to a control device.2.11. "Carbon adsorber" means an add-on control device which uses activated carbon to adsorb volatile organic compounds from a gas stream.2.12. "Carbon adsorption system" means a carbon adsorber with an inlet and outlet for exhaust gases and a system to regenerate the saturated adsorbent.2.13. "Coating" means a material applied onto or impregnated into a substrate for protective, decorative, or functional purposes. Such materials include, but are not limited to, paints, varnishes, sealants, adhesives, inks, maskants, and temporary protective coatings.2.14. "Coating line" means a series of one or more coating applicators and any associated drying area and/or oven wherein a coating is applied, dried, and/or cured. A coating line ends at the point where the coating is dried or cured, or prior to any subsequent application of a different coating. It is not necessary to have an oven or a flashoff area in order to be included in this definition. This definition does not apply to web coating.2.16. "Condensate" means volatile organic compound (VOC) liquid separated from natural gas, that condenses due to changes in the temperature and/or pressure and remains liquid at standard conditions.2.17. "Condenser" means any heat transfer device used to liquify vapors by removing their latent heats of vaporization. Such devices include, but are not limited to, shell and tube, coil, surface, or contact condensers.2.18. "Construction" means on-site fabrication, erection, or installation of a source, air pollution control or monitoring equipment, or a facility.2.19. "Continuous vapor control system" means a vapor control system that treats vapors displaced from tanks during filling on a demand basis without intermediate accumulation.2.20. "Control device" means equipment (such as an incinerator or carbon adsorber) used to reduce, by destruction or removal, the amount of air pollutant(s) in an air stream prior to discharge to the ambient air.2.21. "Control system" means a combination of one or more capture system(s) and control device(s) working in concert to reduce discharges of pollutants to the ambient air.2.22. "Crude oil" means a naturally occurring mixture that consists of hydrocarbons and/or sulfur, nitrogen, and/or oxygen derivatives of hydrocarbons and that is liquid at standard conditions.2.23. "Day" means a period of 24 consecutive hours beginning at midnight local time, or beginning at a time consistent with a facility's operating schedule.2.24. "Destruction or removal efficiency" means the amount of VOC destroyed or removed by a control device expressed as a percent of the total amount of VOC entering the device.2.25. "Double block-and-bleed system" means two block valves connected in series with a bleed valve or line that can vent the line between the two block valves.2.26. "Emission" means the release or discharge, whether directly or indirectly, of volatile organic compounds into the ambient air.2.27. "Excess emissions" means those emissions in excess of any requirement, standard, or numerical emission limit specified in this regulation.2.28. "External floating roof" means a cover over an open-top storage tank consisting of a double deck or pontoon single deck that rests upon and is supported by the volatile organic liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell.2.29. "Facility" means all of the pollutant-emitting activities that are located on one or more contiguous or adjacent properties, and are under the control of the same person (or person under common control).2.30. "First attempt at repair" means to take rapid action for the purpose of stopping or reducing leakage of volatile organic compounds to the atmosphere using best practices.2.31. "Flashoff area" means the space between the coating application area and the oven.2.32. "Gasoline" means any petroleum distillate or petroleum distillate/alcohol blend having a Reid vapor pressure of 27.6 kiloPascals (kPa) (8.15 inches of Mercury [in Hg]) or greater that is used as a fuel for internal combustion engines.2.33. "Gasoline dispensing facility" means any site where gasoline is transferred from a stationary storage tank to a motor vehicle gasoline tank used to provide fuel to the engine of that motor vehicle.2.34. "Gasoline tank truck" means any truck or trailer equipped with a storage tank that is used for the transport of gasoline or vapor from a source of supply to a stationary storage tank at a gasoline dispensing facility, bulk gasoline plant, or bulk gasoline terminal.2.35. "Incinerator" means a combustion apparatus in which solid, semisolid, liquid, or gaseous combustible wastes are ignited and burned and from which the solid and gaseous residues contain little or no combustible material.2.36. "Intermittent vapor control system" means a vapor control system that employs an intermediate vapor holder to accumulate vapors displaced from tanks during filling. The control device treats the accumulated vapors only during automatically controlled cycles.2.37. "Knife coating" means the application of a coating material to a substrate by means of drawing the substrate beneath a knife that spreads the coating evenly over the full width of the substrate.2.38. "Leak" means a VOC emission indicated by an instrument calibrated according to Method 21 of 40 CFR Part 60, Appendix A using zero air (less than 10 parts per million [ppm] of hydrocarbon in air) and a mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppm methane or n-hexane.2.39. "Lease custody transfer" means the transfer of produced crude oil or condensate, after processing and/or treating in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other forms of transportation.2.40. "Loading rack" means an aggregation or combination of gasoline loading equipment arranged so that all loading outlets in the combination can be connected to a tank truck or trailer parked in a specified loading space.2.41. "Lower explosive limit" (also denoted as LEL) means the concentration of a compound in air below which a flame will not propagate if the mixture is ignited.2.42. "Malfunction" means a sudden and unavoidable breakdown of process or control equipment.2.43. "Maximum theoretical emissions" means the quantity of VOC that theoretically could be emitted by a source without control devices based on the design capacity or maximum production capacity of the source and 8,760 hours of operation per year. The design capacity or maximum production capacity includes use of coatings with the highest VOC content used in practice by the source for the two preceding years.2.44. "Maximum true vapor pressure" means the equilibrium partial pressure exerted by a stored liquid at the temperature equal to: (1) for liquids stored above or below the ambient temperature, the highest calendar-month average of the liquid storage temperature, or (2) for liquids stored at the ambient temperature, the local maximum monthly average temperature as reported by the National Weather Service. This pressure shall be determined:2.44.1. In accordance with methods described in American Petroleum Institute Bulletin 2517, "Evaporation Loss From External Floating Roof Tanks";2.44.2. By using standard reference texts;2.44.3. By ASTM D2879-83; or2.44.4. By any other method approved by the U.S. EPA.2.45. "Modification" or "Modified" means any physical change or change in a source which increases its potential to emit volatile organic compounds.2.46. "Open-ended valve or line" means any valve, except a safety relief valve, having one side of the valve seat in contact with process fluid and one side open to the atmosphere, either directly or through open piping.2.47. "Organic compound" means a chemical compound of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate.2.48. "Oven" means a chamber within which heat is used to bake, cure, polymerize, and/or dry a coating.2.49. "Overall emission reduction efficiency" means the weight per unit time of VOC removed or destroyed by a control device divided by the weight per unit time of VOC generated by a source, expressed as a percentage. The overall emission reduction efficiency is the product of the capture efficiency and the control device destruction or removal efficiency.2.50. "Owner or operator" means any person who owns, leases, controls, operates, or supervises a facility, a source, or air pollution control or monitoring equipment.2.51. "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.2.52. "Petroleum" means crude oil and the oils derived from tar sands, shale, and coal.2.53. "Petroleum liquid" means crude oil, condensate, and any finished or intermediate product manufactured or extracted at a petroleum refinery, but not including Nos. 2 through 6 fuel oils as specified in ASTM D396-78; gas turbine fuel oils Nos. 2-GT through 4-GT as specified in ASTM D2880-78; or diesel fuel oils Nos. 2-d and 4-D, as specified in ASTM D975-78.2.54. "Petroleum refinery" means any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation of petroleum or through the redistillation, cracking, or reforming of unfinished petroleum derivatives.2.55. "Plastisol" means a coating made of a mixture of finely divided resin and a plasticizer. Plastisol is applied as a thick gel that solidifies when heated.2.56. "Pressure release" means the emission of materials resulting from system pressure being greater than set pressure of the pressure relief device.2.57. "Prime coat" means the first of two or more coatings applied to a surface.2.58. "Process unit shutdown" means a work practice or operational procedure that stops production from a process unit or part of a process unit. An unscheduled work practice or operational procedure that stops production from a process unit or part of a process unit for less than 24 hours is not a process unit shutdown. The use of spare equipment and technically feasible bypassing of equipment without stopping production are not process unit shutdowns.2.59. "Reasonably Available Control Technology" (also denoted as RACT) means the lowest emission limit that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. It may require technology that has been applied to similar, but not necessarily identical, source categories.2.60. "Reid vapor pressure" means the absolute vapor pressure of volatile crude oil and volatile non-viscous petroleum liquids, except liquified petroleum gases, as determined by American Society for Testing and Materials, D323-72.2.61. "Repaired" means that equipment is adjusted, or otherwise altered, in order to eliminate a leak as indicated by one of the following: an instrument reading of 10,000 parts per million (ppm) or greater, indication of liquids dripping, or indication by a sensor that a seal or barrier fluid system has failed.2.62. "Roll coating" means the application of a coating material to a moving substrate by means of hard rubber, elastomeric, or metal rolls.2.63. "Rotogravure coating" means the application of a coating material to a substrate by means of a roll coating technique in which the pattern to be applied is recessed relative to the non-image area, and the coating material is picked up in these recessed areas and is transferred to the substrate.2.64. "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 22-1-8.2.65. "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.2.66. "Solvent" means a substance that is liquid at standard conditions and is used to dissolve or dilute another substance; this term includes, but is not limited to, organic materials used as dissolvers, viscosity reducers, degreasing agents, or cleaning agents.2.67. "Source" means any building, structure, equipment, or installation that directly or indirectly releases or discharges, or has the potential to release or discharge, VOCs into the ambient air.2.68. "Standard conditions" means a temperature of 20EC (68°F) and pressure of 760 millimeters of Mercury (mm Hg) (29.92 in Hg).2.69. "Startup" means the setting in operation of a source or of its emission control or emission monitoring equipment for any reason, unless otherwise defined by a permit issued to create an alternative emission limitation.2.70. "Submerged fill" means the method of filling a gasoline tank truck or storage vessel where product enters within 150 millimeters (mm) (5.9 inches [in]) of the bottom of the tank truck or storage vessel. Bottom filling of tank trucks and storage vessels is included in this definition.2.71. "Substrate" means the surface onto which a coating is applied or into which a coating is impregnated.2.72. "Topcoat" means the final coating(s), as applied, in a multiple-coat operation.2.73. "True vapor pressure" means the equilibrium partial pressure exerted by a volatile organic liquid as determined in accordance with methods described in American Petroleum Institute Bulletin 2517, "Evaporation Loss From Floating Roof Tanks," second edition, February 1980.2.74. "U.S. EPA" means the United States Environmental Protection Agency.2.75. "Vapor balance system" means a closed system that allows the transfer or balancing of vapors, displaced during the loading or unloading of gasoline, from the tank being loaded to the tank being unloaded.2.76. "Vapor collection system" means all piping, seals, hoses, connections, pressure-vacuum vents, and other equipment between the gasoline tank truck and the vapor processing unit and/or the storage tanks and vapor holder.2.77. "Vapor control system" means a system that limits or prevents release to the atmosphere of organic compounds in the vapors displaced from a tank during the transfer of gasoline.2.78. "Vapor recovery system" means a vapor gathering system capable of collecting VOC vapors and gases emitted during the operation of any transfer, storage, or process equipment.2.79. "Vapor-tight" means equipment that allows no loss of vapors. Compliance with vapor-tight requirements can be determined by checking to ensure that the concentration at a potential leak source is not equal to or greater than 100 percent of the lower explosive limit (LEL) when measured with a combustible gas detector, calibrated with propane, at a distance of 2.54 centimeters (cm) (1 inch [in]) from the source.2.80. "Vapor-tight gasoline tank truck" means a gasoline tank truck that has demonstrated within the 12 preceding months that its product delivery tank will sustain a pressure change of not more than 75 mm (3.0 in) of water within 5 minutes (min) after it is pressurized to 450 mm (18 in) of water; or when evacuated to 150 mm (5.9 in) of water, the same tank will sustain a pressure change of not more than 75 mm (3.0 in) of water within 5 min. This capability is to be demonstrated using the test procedures specified in Method 27 of Appendix A of 40 CFR Part 60.2.81. "[In] VOC service" means that the piece of equipment contains or contacts a process fluid that is at least 10 percent VOC by weight. Subdivision 5.9.2. specifies the VOC service determination methods.2.82. "Volatile organic compound" (also denoted as VOC) means any organic compound that participates in atmospheric photochemical reactions. This includes any organic compound other than the following exempt compounds: methane, ethane, acetone, perchloroethylene, methyl chloroform (1,1,1-trichloroethane), CFC-113 (trichlorotrifluoroethane), methylene chloride, CFC-11 (trichlorofluoromethane), CFC-12 (dichlorodifluoromethane), CFC-22 (chlorodifluoromethane), FC-23 (trifluoromethane), CFC-114 (dichlorotetrafluoroethane), CFC-115 (chloropentaflouroethane), HCFC-123 (dichlorotrifluoroethane), HFC-134a (tetrafluoroethane), HCFC-141b (dichlorofluoroethane), HCFC-142b (chlorodifluoroethane), 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124), pentafluoroethane (HFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC-152a); and perfluorocarbon compounds which fall into these classes--2.82.1. Cyclic, branched, or linear, completely fluorinated alkanes;2.82.2. Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;2.82.3. Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and2.82.4. Sulfur-containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.2.82.5. Any organic compounds that the U.S. EPA lists in Federal Register notices as being photochemically nonreactive are also included as exempt compounds. For purposes of determining compliance with emission limits, VOC will be measured by the test methods approved by the U.S. EPA. Where such a method also inadvertently measures compounds with negligible photochemical reactivity, an owner or operator may exclude these negligibly reactive compounds when determining compliance with an emissions standard.2.83. "Web coating line" means all of the coating applicator(s), drying area(s), or oven(s), located between an unwind station and a rewind station, that are used to apply coating onto a continuous strip of substrate (the web). A web coating line need not have a drying oven.2.84. 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..