Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-27-2 - Definitions2.1. "Air Pollution", 'statutory air pollution' has the meaning ascribed to it W. Va. Code '22-5-2.2.2. "Air Pollution control Device" means any equipment used for the purpose of preventing, reducing, or controlling the emission of toxic air pollutants into the open air.2.3. "BAT", 'Best Available Technology' means an emissions limitation requiring the application of the maximum degree of reduction and control which the Director, on a case-by-case basis, determines is achievable for each toxic air pollutant which would be emitted from any stack, pipe, air pollution control device, or from any other equipment or facilities associated with a chemical processing unit. In the case of chemical processing units constructed or modified after the effective date of this rule, BAT may be less stringent than requirements for new or modified units. for all facilities, BAT shall represent the maximum degree of emission reduction that the Director determines is achievable taking into consideration the cost of achieving such mission reduction, and public health and environmental impacts. No BAT proposal shall be approvable that represents a level of control less stringent than any requirement for a chemical processing unit under 40CFR 61 or 40CFR 60. BAT shall include but not be limited to measures which: 2.3.a. reduce or eliminate the emission rate of toxic pollutants through process changes or substitution of materials,2.3.b. enclose or seal equipment or systems to eliminate toxic air pollutant emissions,2.3.c. collect, capture, destroy and/or otherwise treat toxic air pollutants released from a process, stack, storage, or fugitive emissions point,2.3.d. are work practice or operational methods.2.4. "Chemical Processing Unit" means an assembly of reactors, tanks, distillation columns, heat exchangers, vaporizers, compressors, dryers, decanters, and/or other equipment used to treat, store, manufacture, or use toxic air pollutants. For the purpose of this rule, the term chemical processing unit includes surface coating equipment or similar equipment utilizing a toxic air pollutant as a solvent or for other purposes but does not include equipment used in the production and distribution of petroleum products providing that such equipment does not produce or contact materials containing more than 5% benzene by weight.2.6. "Director" means the Director of the Division of Environmental Protection.2.7. "Plant" or "facility" means all chemical processing units existing on one or more contiguous or adjacent properties, which are owned by or under the control of the same person or persons.2.8. "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.2.9. "Stack", for the purpose of this rule, means, but is not limited to, any stack, vent, duct, control equipment exhaust, or similar apparatus, from which a toxic air pollutant is or may be emitted into the open air. 2.10. "Toxic Air Pollutant" means any of the following chemicals: Acrylonitrile, Allyl chloride, Benzene, 1,3,-Butadiene, Carbon tetrachloride, Chloroform, Ethylene dichloride, Ethylene oxide, Formaldehyde, Methylene chloride, Propylene oxide, Trichloroethylene, Vinyl chloride, Vinylidene chloride.2.11. "Toxic Air Pollutant Service" means for the purpose of this rule that a piece of equipment such as a pump, valve or flange contains or contacts a process fluid containing 10% or more by weight of a toxic air pollutant.2.12. "Modification" or "Modified" means any physical change or change in the method of operation of a chemical processing unit which increases its potential to emit a toxic air pollutant.