West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Account
				number" means the identification number given by the Administrator to each CAIR
				NOX Annual Allowance Tracking System account.
2.2. "Acid Rain emissions limitation" means a
				limitation on emissions of sulfur dioxide or nitrogen oxides under the Acid
				Rain Program.
2.3. "Acid Rain
				Program" means a multi-state sulfur dioxide and nitrogen oxides air pollution
				control and emission reduction program established by the Administrator under
				Title IV of the CAA and 40 CFR Parts 72 through 78.
2.4. "Administrator" means the Administrator
				of the United States Environmental Protection Agency (U.S. EPA) or the
				Administrator's duly authorized representative.
2.5. "Allocate" or "allocation" means, with
				regard to CAIR NOX Annual allowances, the determination
				by the Secretary, a permitting authority or the Administrator of the amount of
				such CAIR NOX Annual allowances to be initially credited
				to a CAIR NOX Annual unit, a new unit set-aside, or
				other entity.
2.6. "Allowance
				transfer deadline" means, for a control period, midnight of March 1, (if it is
				a business day), or midnight of the first business day thereafter (if March 1
				is not a business day), immediately following the control period and is the
				deadline by which a CAIR NOX Annual allowance transfer
				must be submitted for recordation in a CAIR NOX Annual
				source's compliance account in order to be used to meet the source's CAIR
				NOX Annual emissions limitation for such control period
				in accordance with section 54.
2.7.
				"Alternate CAIR designated representative" means, for a CAIR
				NOX Annual source and each CAIR
				NOX Annual unit at the source, the natural person who is
				authorized by the owners and operators of the source and all such units at the
				source, in accordance with sections 10 through 15, to act on behalf of the CAIR
				designated representative in matters pertaining to the CAIR
				NOX Annual Trading Program. If the CAIR
				NOX Annual source is also a CAIR
				SO2 source under 45CSR41, then this natural person will
				be the same person as the alternate CAIR designated representative under the
				CAIR SO2 Trading Program. If the CAIR
				NOX Annual source is also a CAIR
				NOX Ozone Season source under 45CSR40, then this natural
				person will be the same person as the alternate CAIR designated representative
				under the CAIR NOX Ozone Season Trading Program. If the
				CAIR NOX Annual source is also subject to the Acid Rain
				Program, then this natural person will be the same person as the alternate
				designated representative under the Acid Rain Program under 45CSR33. If the
				CAIR NOX Annual source is also subject to the Hg Budget
				Trading Program, then this natural person will be the same person as the
				alternate Hg designated representative under the Hg Budget Trading Program
				under 45CSR37.
2.8. "Automated data
				acquisition and handling system" or "DAHS" means that component of the
				continuous emission monitoring system, or other emissions monitoring system
				approved for use under sections 70 through 75, designed to interpret and
				convert individual output signals from pollutant concentration monitors, flow
				monitors, diluent gas monitors, and other component parts of the monitoring
				system to produce a continuous record of the measured parameters in the
				measurement units required by sections 70 through 75.
2.9. "Boiler" means an enclosed fossil or
				other fuel-fired combustion device used to produce heat and to transfer heat to
				recirculating water, steam, or other medium.
2.10. "Bottoming-cycle cogeneration unit"
				means a cogeneration unit in which the energy input to the unit is first used
				to produce useful thermal energy and at least some of the reject heat from the
				useful thermal energy application or process is then used for electricity
				production.
2.11. "CAIR authorized
				account representative" means, with regard to a general account, a responsible
				natural person who is authorized, in accordance with sections 10 through 15,
				sections 51 through 57, to transfer and otherwise dispose of CAIR
				NOX Annual allowances held in the general account and,
				with regard to a compliance account, the CAIR designated representative of the
				source.
2.12. "CAIR designated
				representative" means, for a CAIR NOX Annual source and
				each CAIR NOX Annual unit at the source, the natural
				person who is authorized by the owners and operators of the source and all such
				units at the source, in accordance with sections 10 through 15, to represent
				and legally bind each owner and operator in matters pertaining to the CAIR
				NOX Annual Trading Program. If the CAIR
				NOX Annual source is also a CAIR
				SO2 source under 45CSR41, then this natural person will
				be the same person as the CAIR designated representative under the CAIR
				SO2 Trading Program. If the CAIR
				NOX Annual source is also a CAIR
				NOX Ozone Season source under 45CSR40, then this natural
				person will be the same person as the CAIR designated representative under the
				CAIR NOX Ozone Season Trading Program. If the CAIR
				NOX Annual source is also subject to the Acid Rain
				Program, then this natural person will be the same person as the designated
				representative under the Acid Rain Program under 45CSR33. If the CAIR
				NOX Annual source is also subject to the Hg Budget
				Trading Program, then this natural person will be the same person as the Hg
				designated representative under the Hg Budget Trading Program under
				45CSR37.
2.13. "CAIR
				NOX Annual allowance" means a limited authorization
				issued by the Secretary, a permitting authority or the Administrator under
				provisions of a state implementation plan that are approved under 40 CFR
				§§51.123 (o)(1) or (2) or (p), or under 40 CFR Part 97, Subpart EE or
				40 CFR §97.188 to emit one ton of nitrogen oxides during a control period
				of the specified calendar year for which the authorization is allocated or of
				any calendar year thereafter under the CAIR NOX Annual
				Trading Program. An authorization to emit nitrogen oxides that is not issued
				under provisions of a state implementation plan that are approved under 40 CFR
				§§51.123 (o)(1) or (2) or (p), or 40 CFR Part 97, Subpart EE or 40
				CFR §97.188 will not be a CAIR NOX Annual
				allowance.
2.14. "CAIR
				NOX Annual allowance deduction" or "deduct CAIR
				NOX Annual allowances" means the permanent withdrawal of
				CAIR NOX Annual allowances by the Administrator from a
				compliance account, e.g., in order to account for a specified number of tons of
				total nitrogen oxides emissions from all CAIR NOX Annual
				units at a CAIR NOX Annual source for a control period,
				determined in accordance with sections 70 through 75, or to account for excess
				emissions.
2.15. "CAIR
				NOX Annual allowances held" or "hold CAIR
				NOX Annual allowances" means the CAIR
				NOX Annual allowances recorded by the Administrator, or
				submitted to the Administrator for recordation, in accordance with sections 51
				through 57 and sections 60 through 62, in a CAIR NOX
				Annual Allowance Tracking System account.
2.16. "CAIR NOX Annual
				Allowance Tracking System" means the system by which the Administrator records
				allocations, deductions, and transfers of CAIR NOX
				Annual allowances under the CAIR NOX Annual Trading
				Program. Such allowances will be allocated, held, deducted, or transferred only
				as whole allowances.
2.17. "CAIR
				NOX Annual Allowance Tracking System account" means an
				account in the CAIR NOX Annual Allowance Tracking System
				established by the Administrator for purposes of recording the allocation,
				holding, transferring, or deducting of CAIR NOX Annual
				allowances.
2.18. "CAIR
				NOX Annual emissions limitation" means, for a CAIR
				NOX Annual source, the tonnage equivalent, in
				NOX emissions in a control period, of the CAIR
				NOX Annual allowances available for deduction for the
				source under subsections 54.1 and 54.2 for the control period.
2.19. "CAIR NOX Annual
				source" means a source that includes one or more CAIR
				NOX Annual units.
2.20. "CAIR NOX Annual
				Trading Program" means a multi-state nitrogen oxides air pollution control and
				emission reduction program approved and administered by the Administrator in
				accordance with 40 CFR Part 96, Subparts AA through II and 40 CFR §51.123
				(o)(1) or (2) or established by the Administrator in accordance with Subparts
				AA through II of 40 CFR Part 97, and 40 CFR §§51.123 (p) and 52.35,
				as a means of mitigating interstate transport of fine particulates and nitrogen
				oxides.
2.21. "CAIR
				NOX Annual unit" means a unit that is subject to the
				CAIR NOX Annual Trading Program under section
				4.
2.22. "CAIR
				NOX Ozone Season source" means a source that is subject
				to the CAIR NOX Ozone Season Trading Program.
2.23. "CAIR NOX Ozone
				Season Trading Program" means a multi-state nitrogen oxides air pollution
				control and emission reduction program approved and administered by the
				Administrator in accordance with 40 CFR Part 96, Subparts AAAA through IIII and
				40 CFR §51.123 (aa)(1) or (2) (and (bb)(1)), (bb)(2), or (dd) or
				established by the Administrator in accordance with 40 CFR Part 97, Subparts
				AAAA through IIII, and 40 CFR §§51, 123 (ee) and 52.35, as a means of
				mitigating interstate transport of ozone and nitrogen oxides.
2.24. Reserved.
2.25. "CAIR permit" means the legally binding
				and federally enforceable written document, or portion of such document, issued
				by the Secretary under sections 20 through 24, including any permit revisions,
				specifying the CAIR NOX Annual Trading Program
				requirements applicable to a CAIR NOX Annual source, to
				each CAIR NOX Annual unit at the source, and to the
				owners and operators and the CAIR designated representative of the source and
				each such unit.
2.26. "CAIR
				SO2 source" means a source that is subject to the CAIR
				SO2 Trading Program.
2.27. "CAIR SO2
				Trading Program" means a multi-state sulfur dioxide air pollution control and
				emission reduction program approved and administered by the Administrator in
				accordance with 40 CFR Part 96, Subparts AAA through III and 40 CFR
				§51.124 (o)(1) or (2) or established by the Administrator in accordance
				with Subparts AAA through III of 40 CFR Part 97, and 40 CFR §§51.124
				(r) and 52.36, as a means of mitigating interstate transport of fine
				particulates and sulfur dioxide.
2.28. Reserved.
2.29. "Clean Air Act" or "CAA" means the
				Clean Air Act,
				42 U.S.C.
				7401, et seq.
2.30. "Coal" means any solid fuel classified
				as anthracite, bituminous, subbituminous or lignite.
2.31. "Coal-derived fuel" means any fuel
				(whether in a solid, liquid, or gaseous state) produced by the mechanical,
				thermal, or chemical processing of coal.
2.32. "Coal-fired" means:
2.32.a. Except for purposes of sections 40
				through 43, combusting any amount of coal or coal-derived fuel, alone or in
				combination with any amount of any other fuel, during any year; or
2.32.b. For purposes of sections 40 through
				43, combusting any amount of coal or coal-derived fuel, alone or in combination
				with any amount of any other fuel, during a specified year.