West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-06 - Control of Air Pollution from Combustion of Refuse › Section 45-6-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Agency
				Administrator" means a National Park Service Park Superintendent, Bureau of
				Indian Affairs Agency Superintendent, U.S. Forest Service Forest Supervisor,
				Bureau of Land Management District Manager, Fish and Wildlife Service Refuge
				Manager, State Forest Officer, Fire Chief, or an authorized designee
				thereof.
2.2. "Air Curtain
				Incinerator" means an incinerator that operates by forcefully projecting a
				curtain of air across an open chamber or pit in which combustion occurs.
				Incinerators of this type can be constructed above or below ground and with or
				without refractory walls and floor. (Air curtain incinerators are not to be
				confused with conventional combustion devices with enclosed fireboxes and
				controlled air technology such as mass burn, modular, and fluidized bed
				combustors.)
2.3. "Air Pollution"
				or "statutory air pollution" shall have the meaning ascribed to it in W.Va.
				Code §22-5-2.
2.4. "Air Pollution Control Equipment" means
				any equipment used for collecting or converting gasborne particulate or gaseous
				materials for the purpose of preventing or reducing emission of these materials
				into the open air.
2.5.
				"Alternative Emission Limitation" 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).
2.6. "CFR" means
				the Code of Federal Regulations published by the Office of the Federal
				Register, National Archives and Records Service, General Services
				Administration.
2.7. "Flare" or
				'flare stack' means and includes a combustion source normally comprised of, but
				not limited to, a length of stack or pipe which has an attached burner
				mechanism designed to destroy liquid or gaseous material with an open or
				semi-enclosed flame.
2.8.
				"Incineration" means the destruction of combustible refuse by burning in a
				furnace designed for that purpose. For the purposes of this rule, the
				destruction of any combustible liquid or gaseous material by burning in a flare
				or flare stack, thermal oxidizer or thermal catalytic oxidizer stack shall be
				considered incineration.
2.9.
				"Incinerator" means any device used to accomplish incineration.
2.10. "Incinerator Capacity" shall be the
				manufacturer's or designer's guaranteed maximum charging rate or such other
				rate as may be determined by the Secretary in accordance with good engineering
				practices. In case of conflict the determination by the Secretary shall govern.
				For the purpose of this rule, the total of the capacities of all furnaces
				within one system shall be considered as the "Incinerator Capacity".
2.11. "Industrial Waste Incinerator" means an
				incinerator which is used to incinerate gaseous, liquid, semi-liquid and/or
				solid by-product waste from industrial sources.
2.12. "Land Clearing Debris" means that
				vegetative material generated by clearing of land for purposes of preparation
				for development, construction, mining or other such activity. Non-vegetative
				refuse is not included in this meaning.
2.13. "Malfunction" means a sudden and
				unavoidable breakdown of process or control equipment.
2.14. "Opacity" means the degree to which
				smoke or particulate matter emissions reduce the transmission of light and
				obscure the view of an object in the background.
2.15. "Open Burning" means the combustion of
				refuse whereby the gaseous products of combustion are not conveyed through
				man-made means from one point to another and are discharged directly to the
				open air. This term includes 'burn barrels', but does not include air curtain
				incinerators.
2.16. "Particulate
				Matter" means any material, except uncombined water, that exists in a finely
				divided form as a liquid or solid.
2.17. "Pathological Waste " means waste
				material consisting of only human or animal remains, anatomical parts or
				tissue, the bags or containers used to collect and transport the waste
				material, and animal bedding (if applicable).
2.18. "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.
2.19. "Prescribed burning" means the
				controlled application of fire to vegetation under specified environmental
				conditions and precautionary measures, which allows the fire to be confined to
				a predetermined area for the purpose of accomplishing specifically planned
				wildlife and forest management objectives.
2.20. "Refuse" means the useless, unwanted or
				discarded solid, liquid or gaseous waste materials resulting from community,
				commercial, industrial or citizen activities.
2.21. "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.
2.22. "Shutdown" means the cessation of
				operation of a source subject to this rule for any reason, unless otherwise
				defined in a permit issued to create an alternative emission
				limitation.
2.23. "Sewage Sludge
				Incinerator" means an incinerator which is used to incinerate the sludge
				produced by municipal or industrial sewage treatment plants.
2.24. "Smoke" means small gasborne and
				airborne particles emitted as the result of the combustion of refuse in
				sufficient numbers to be visible.
2.25. "Startup" means the setting in
				operation of a source subject to this rule for any reason, unless otherwise
				defined in a permit issued to create an alternative emission
				limitation.
2.26. Other words and
				phrases used in this rule, unless otherwise indicated, shall have the meaning
				ascribed to them in W.Va. Code §22-5-1 et seq.