W. Va. Code R. § 45-31B-2

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

Section 45-31B-2 - Definitions

2.1. "Aggregation" means the combining of individual elements, such as equipment, units, throughputs or capacities, into one total.

2.2. "Categorization" means the combining of individual elements, such as materials or chemicals, into one category.

2.3. "Emission data" or "types and amounts of air pollutants discharged" means, with reference to any source of emission of any substance into the air --

2.3.a.

2.3.a.1. Emission data necessary to determine the identity, amount, frequency, concentration, or other characteristics (to the extent related to air quality) of any emission which has been emitted by the source (or of any pollutant resulting from any emission by the source), or any combination of the foregoing;

2.3.a.2. Emission data necessary to determine the identity, amount, frequency, concentration, or other characteristics (to the extent related to air quality) of the emissions which, under an applicable standard or limitation, the source was authorized to emit (including, to the extent necessary for such purposes, a description of the manner or rate of operation of the source); and

2.3.a.3. A general description of the location and/or nature of the source to the extent necessary to identify the source and to distinguish it from other sources (including, to the extent necessary for such purposes, a description of the device, installation, or operation constituting the source).

2.3.b. Notwithstanding subdivision 2.3.a of this subsection, the following information shall be considered to be emission data only to the extent necessary to allow the Secretary to disclose publicly that a source is (or is not) in compliance with an applicable standard or limitation, or to allow the Secretary to demonstrate the feasibility, practicability, or attainability (or lack thereof) of an existing or proposed standard or limitation:

2.3.b.1. Information concerning research, or the results of research, on any project, method, device or installation (or any component thereof) which was produced, developed, installed, and used only for research purposes; and

2.3.b.2. Information concerning any product, method, device, or installation (or any component thereof) designed and intended to be marketed or used commercially but not yet so marketed or used.

2.4. "Emissions monitoring and sampling" means real-time monitoring, such as continuous emissions monitors, or statistically valid periodic sampling and monitoring that provides reliable and accurate data on emissions.

2.5. "Parametric monitoring" means combining the use of surrogate parameters and monitoring or sampling.

2.6. "Surrogate parameter" means a value that stands in place of throughput, production or some other variable claimed confidential. The term may include an alternative measure of production or throughput or some other production unit that correlates with production or throughput and with emissions. A surrogate parameter must have a simple direct relationship to the value it replaces.

W. Va. Code R. § 45-31B-2