Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-43-2 - Definitions2.1. "Administrator" means the Administrator of the United States Environmental Protection Agency or the Director of the Clean Air Markets Division (or its successor determined by the Administrator) of the United States Environmental Protection Agency, the Administrator's duly authorized representative under 40 C.F.R. part 97, subparts AAAAA, CCCCC, or EEEEE.2.2. "Clean Air Act" ("CAA") means the federal Clean Air Act, found at 42 U.S.C. § 7401 et seq.2.3. "CSAPR" means Cross-State Air Pollution Rule.2.4. "CSAPR NOX Annual Trading Program" means a multi-state NOX air pollution control and emission reduction program established in accordance with 40 C.F.R. part 97, subpart AAAAA and 40 C.F.R. § 52.38(a) (including such a program that is revised in a SIP revision approved by the Administrator under 40 C.F.R. § 52.38(a)(3) or (4) or that is established in a SIP revision approved by the Administrator under 40 C.F.R. § 52.38(a)(5)) , as a means of mitigating interstate transport of fine particulates and NOX.2.5. "CSAPR NOX Ozone Season Group 2 Trading Program" means a multi-state NOX air pollution control and emission reduction program established in accordance with 40 C.F.R. part 97, subpart EEEEE and 40 C.F.R. §§ 52.38(b)(1), (b)(2)(i) and (iii), (b)(6) through (11), and (b)(13) (including such a program that is revised in a SIP revision approved by the Administrator under 40 C.F.R.§ 52.38(b)(7) or (8) or that is established in a SIP revision approved by the Administrator under 40 C.F.R.§ 52.38(b)(6) or (9)) , as a means of mitigating interstate transport of ozone and NOX.2.6. "CSAPR SO2 Group 1 Trading Program" means a multi-state SO2 air pollution control and emission reduction program established in accordance with 40 C.F.R. part 97, subpart CCCCC and 40 C.F.R. §§ 52.39(a). (b), (d) through (f), and (j) through (l) (including such a program that is revised in a SIP revision approved by the Administrator under 40 C.F.R. § 52.39(f)) , as a means of mitigating interstate transport of fine particulates and SO2.2.7. "Existing unit" for the purpose of allocation means: 2.7.a. A unit under the CSAPR NOX Annual Trading Program or the CSAPR SO2 Group 1 Trading Program that commenced commercial operation prior to January 1, 2010.2.7.b. A unit under the CSAPR NOX Ozone Season Group 2 Trading Program that commenced commercial operation prior to January 1, 2015.2.8. "New unit" for the purpose of allocation means any unit that is not an existing unit.2.9. "Secretary" means the Secretary of the Department of Environmental Protection or other person to whom the Secretary has delegated authority or duties pursuant to W.Va. Code §§ 22-1-6 or 22-1-8.2.10. Other words and phrases used in this rule, unless otherwise indicated, shall have the meaning ascribed to them in 40 C.F.R. part 97, subparts AAAAA, CCCCC, and EEEEE. Words and phrases not defined therein shall have the meaning given to them in the federal Clean Air Act.