W. Va. Code R. § 45-29-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 45-29-2 - Definitions

For the purpose of this rule, the following definitions shall apply:

2.1. "Actual emissions" means the quantity of volatile organic compounds (VOC) or oxides of nitrogen (NO_x) emitted from a source during a particular time period.

2.2. "AIRS" means the U.S. EPA's Aero­metric Information Retrieval System.

2.3. "AFS" means AIRS Facility Subsystem.

2.4. "Ambient air" means that portion of the atmosphere, external to buildings, to which the general public has access.

2.5. "Annual fuel or process throughput rate" means the actual or estimated annual fuel usage or process operating rate.

2.6. "Certifying individual" means the individual responsible for the completion and certification of the emission statement (e.g. officer of the company) and who will take legal responsibility for the emission statement's accuracy.

2.7. [RESERVED]

2.8. [RESERVED]

2.9. "Control efficiency" means the actual control efficiency achieved by the control device. The actual efficiency shall reflect control equipment downtime and maintenance degradation.

2.10. "Control equipment identification code" means the AIRS/AFS code which defines the 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.

2.11. "Director" means the Director of the Division of Environmental Protection or his or her designated representative.

2.12. "Division of Environmental Protection" or "DEP" means that Division of the Division of Environmental Protection which is created by the provisions of the W. Va. Code ''22-1-1, et seq.

2.13. "Emission estimation method code" means a one-position code which identifies the estimation technique used in the calculation of estimated emissions.

2.14. "Emissions Unit" means any part of a stationary source which emits or has the potential to emit any pollutant regulated pursuant to the provisions of this rule.

2.15. "Estimated emissions units" means a two-position code which identifies the units associated with an estimated emissions.

2.16. "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).

2.17. "Measured emissions method code" means a one-position code which identifies the test method used to ascertain measured emissions.

2.18. "Measured emissions units" means a two-position code which identifies the units associated with a measured emissions value.

2.19. "Owner or operator" means any person who owns, leases, controls, operates, or supervises a facility, a source, or air pollution control or monitoring equipment.

2.20. "Oxides of nitrogen" (also denoted as NO_x) means, in air pollution usage, a compound comprised of nitric oxide (NO) and nitrogen dioxide (NO₂), expressed as molecular weight of NO₂.

2.21. "Ozone season" means that period of the year during which conditions for photochemical ozone formation are most favorable. Generally, sustained periods of direct sunlight (i.e., long days, small cloud cover) and warm temperatures. For West Virginia, the ozone season is June, July, and August.

2.22. "Percent seasonal throughput" means the weighted percent of yearly activity for the following periods:

2.22.a. December-February;

2.22.b. March-May;

2.22.c. June-August; and

2.22.d. September-November.

2.23. "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.

2.24. "Point" means a physical emission point or process within a facility that results in pollutant emissions.

2.25. "Potential to emit" means the capability of a source to emit a pollutant at a maximum design capacity, except as constrained by the rules of the Director or U.S. EPA enforceable conditions which include the effect of installed air pollution control equipment, restrictions on the hours of operation, and the type and amount of material combusted, stored, or processed.

2.26. "Source" means any building, structure, equipment, or installation that directly or indirectly releases or discharges, or has the potential to release or discharge, VOCs or NO_x into the ambient air.

2.27. "Stationary Source" means any stationary facility or source of air pollutants which directly emits, or has the potential to emit, 10 tons per year or more of VOC or NO_x.

2.28. "Typical ozone season day" means a day typical of that period of the year during which conditions for photochemical ozone formation are most favorable, generally, sustained periods of direct sunlight (i.e., long days, small cloud cover) and warm temperatures. For West Virginia, this day is a typical day during the period of June, July, and August until otherwise notified by the Director.

2.29. "Volatile Organic Compounds" (also denoted as VOCs) means any organic compound that participates in atmospheric photochemical reactions. This includes any organic compound other than the following exempt compounds:

methane ethane methyl chloroform (1,1,1-trichloromethane)

CFC-113 (trichlorotrifluoroethane)

methylene chloride

CFC-11 (trichlorofluoromethane)

CFC-12 (dichlorodifluoromethane)

CFC-22 (chlorodifluoromethane)

CFC-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:

2.29.a. Cyclic, branched, or linear, completely fluorinated alkanes;

2.29.b. Cyclic, branched, or linear, completely fluorinated ethers with no unsatura­tions;

2.29.c. Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsatura­tions; and

2.29.d. Sulfur-containing perfluoro­carbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

Any organic photochemically nonreactive compounds listed in the Federal Register by the U.S. EPA after the effective date of this rule may be exempted by the Director by reference as long as established scientific standards and guidelines are followed by the U.S. EPA. 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 emission standard.

W. Va. Code R. § 45-29-2