West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-01 - Alternative Emission Limitations During Startup, Shutdown and Maintenance Operations › Section 45-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Administrator" means the Administrator of the United States Environmental
				Protection Agency (U.S. EPA) or the Administrator's duly authorized
				representative.
2.2. "Alternative
				Emission Limitation" or "AEL" means an emission limitation that applies to a
				source during some but not all periods of normal operation (e.g., applies only
				during a specifically defined mode of operation such as startup or shutdown).
				An alternative emission limitation is a component of a continuously applicable
				emission limitation, and it may take the form of a control measure such as a
				design, equipment, work practice or operational standard (whether or not
				numerical).
2.3. "Clean Air Act"
				"(CAA") means the federal Clean Air Act,
				42 U.S.C.
				7401, et seq., as amended.
2.4. "Emission Limitation" for the purpose of
				this rule means a legally binding restriction on emissions from a source or
				source category, such as a numerical emission limitation, a numerical emission
				limitation with higher or lower levels applicable during specific modes of
				source operation, a specific technological control measure requirement, a work
				practice standard, or a combination of these things as components of a
				comprehensive and continuous emission limitation.
2.5. "Excess Emissions" means the emissions
				of air pollutants from a source that exceed any applicable emission limitation.
				This term includes those emissions above the otherwise applicable emission
				limitation that occur during startup, shutdown, malfunction or other modes of
				source operation.
2.6.
				"Malfunction" means a sudden and unavoidable breakdown of process or control
				equipment.
2.7. "Practically
				Enforceable" means for the purpose of this rule and in the context of an
				emission limitation, that the limitation is enforceable as a practical matter
				(e.g., within a federally enforceable permit such as one issued pursuant to
				45CSR13 and contains appropriate averaging times, compliance verification
				procedures, compliance monitoring, and recordkeeping requirements). The term
				uses "practically" as it means "in a practical manner" and not as it means
				"almost" or "nearly".
2.8.
				"Secretary" means the Secretary of the Department of Environmental Protection
				or such other person to whom the Secretary has delegated authority or duties
				pursuant to W. Va. Code §§22-1-6 or
				22-1-8.
2.9. "Shutdown" means the cessation of
				operation of a source for any purpose, unless otherwise defined in a permit
				issued to create an alternative emission limitation.
2.10. "SIP" means or refers to a State
				Implementation Plan. Generally, the SIP is the collection of state statutes and
				rules approved by the EPA pursuant to CAA section 110 that together provide for
				implementation, maintenance and enforcement of a national ambient air quality
				standard (or any revision thereof) promulgated under CAA section 109 for any
				air pollutant in each air quality control region (or portion thereof) within a
				state.
2.11. "SSM" refers to
				startup, shutdown or malfunction at a source. It does not include periods of
				maintenance. An SSM event is a period of startup, shutdown or malfunction
				during which there may be exceedances of the applicable emission limitations
				and thus excess emissions.
2.12.
				"Startup" means the setting in operation of a source for any purpose, unless
				otherwise defined in a permit issued to create an alternative emission
				limitation.
2.13. Other words and
				phrases used in this rule, unless otherwise indicated, have the meaning
				ascribed to them in W. Va. Code §22-5-2 and
				40CFR
				§52.01.