West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-28 - Air Pollutant Emissions Banking And Trading › Section 45-28-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Definitions of
				all terms used, but not defined in this section shall have the meaning given
				them in W. Va. Code '22-5-2.
2.2. "Actual emissions" means the average
				rate, in tons per year, tons per ozone season, or other applicable averaging
				period at which the source, process, or process equipment actually emitted an
				air pollutant during a selected averaging period.
2.3. "Area sources" means stationary sources
				that are not individually included in the stationary source emissions inventory
				but are reported collectively.
2.4.
				"Attainment area" means any area of the state designated or redesignated by the
				administrator of the United States Environmental Protection Agency in
				accordance with section 107(d) of the federal clean air act and 40 C.F.R. part
				81 as having attained the relevant national ambient air quality standard for a
				given criteria pollutant.
2.5.
				"Attainment demonstration" means a federally approved plan that is in
				compliance with the requirements of section 172(c) and section 182 of the
				federal clean air act.
2.6.
				"Baseline" means, as it pertains to the generation of emission reduction
				credits, the level of emissions beyond which reductions must occur for an
				emission reduction credit to be generated and shall in all cases be the lower
				of actual or allowable emissions from the generating source. Alternate emission
				limits above an applicable reasonably available control technology emission
				limit may not be used as a baseline. As it pertains to the use of emission
				reduction credits, the term "baseline" means the allowed level of emissions
				specified by the applicable requirement with which emission reduction credits
				will be used to maintain compliance.
2.7. "Bias" means a systematic error in the
				result of a measurement or estimate.
2.8. "Code" means W. Va. ''22-5-1 et
				seq.
2.9. "Calendar year" means the
				period of time between January 1 and December 31 inclusive for a given year.
2.10. "Conservative results"
				means, as it applies to calculations of emission reduction credits generated or
				used under this rule, that the number of emission reduction credits generated
				are not over estimated and that the number of emission reduction credits needed
				are not under estimated.
2.11.
				"Criteria pollutants" means air pollutants listed by the administrator of the
				United States Environmental Protection Agency pursuant to section 108 of the
				federal clean air act.
2.12.
				"Curtailment" means a permanent reduction in the hours of operation or the
				process rate, excluding operational changes to mobile sources.
2.13. "Emission inventory" means the source,
				process, and process equipment inventory and emission reports required to be
				submitted annually to the director for sources of an air pollutant, pursuant to
				the Code and, in addition, the source, process, and emission data for
				stationary, area, and mobile sources upon which the director evaluates air
				quality and upon which the federally approved state implementation plan or the
				most recent state implementation plan revision submittal is based.
2.14. "Emission monitoring and quantification
				protocol" means an accurate and replicable method or procedure for determining
				the amount, rate, and characteristics of baseline emissions, and emission
				reductions below baseline emissions, for purposes of emission reduction credit
				generation under this rule.
2.15.
				"Emission reduction credit" means the unit of reduction in actual emissions of
				a pollutant which is expressed in tons of pollutant reduced during a specified
				calendar year or ozone season and which is entered into the emission trading
				registry.
2.16. "Enforceable" means
				any standard, requirement, limitation, or condition which is established by an
				applicable federal or state regulation or specified in a permit issued or order
				entered under a federal or state regulation or which is contained in a state
				implementation plan approved by the administrator of the United States
				Environmental Protection Agency and which can be enforced by the director and
				the administrator of the United States Environmental Protection
				Agency.
2.17. "Federal clean air
				act" means the federal Clean Air Act, as amended; 42 U.S.C. ''7401 et
				seq.
2.18. "Geographic area" means
				any specific region designated by the director, considering the pollutant,
				topography, air quality contribution of sources, and any air quality concerns
				relevant to that region.
2.19.
				"Hazardous air pollutant" means an air pollutant listed pursuant to 42 U.S.C.
				'7412(b).
2.20. "Mobile source"
				means any vehicle or engine that is used for on-highway or non-road purposes,
				the mobile source-related fuel or fuel delivery system used by the vehicle or
				engine, or both, and the operation strategies associated with the vehicle or
				engine. For the purpose of this definition, non-road vehicles and engines
				include all non-road vehicles and engines used in marine vessels, locomotives,
				and airplanes, as well as non-road vehicles and engines described in the
				definition of "non-road" contained in the federal clean air act or federal
				guidance.
2.21. "National ambient
				air quality standard" means a primary or secondary standard established by the
				administrator of the United States Environmental Protection Agency pursuant to
				section 109 of the federal clean air act.
2.22. "Netting" means the generation and use
				of an emission reduction credit at a modified stationary source to lower the
				net emissions increase below significant levels so that the modified stationary
				source is not subject to new source review requirements under federal or state
				regulations.
2.23. "New source
				review" means the permitting requirements for new and modified sources
				contained in 45CSR13, 45CSR14, 45CSR19 and in parts C and D of title I of the
				federal clean air act and in 40 C.F.R. ''51.165, 51.166, and 52.21.
2.24. "Nonattainment area" means any area of
				the state designated by the administrator of the United States Environmental
				Protection Agency in accordance with section 107(d) of the federal clean air
				act and 40 C.F.R. part 81 as having not attained the relevant national ambient
				air quality standard for a given criteria pollutant.
2.25. "Offset" means the use of an emission
				reduction credit to compensate for emission increases of volatile organic
				compounds or criteria pollutants, except ozone, from a major new or major
				modified stationary source subject to the requirements of 45CSR19 and section
				173 of the federal clean air act.
2.26. "Overage" means emissions above those
				specified by an applicable requirement.
2.27. "Ozone season" means the period of time
				beginning on and including April 1 and continuing through October 31 of each
				calendar year.
2.28. "Permanent"
				means that the relevant change in operating procedures, control equipment or
				other source of emission reductions shall be continuous for the period during
				which emission reductions are made for the purpose of generating emission
				reduction credits.
2.29.
				"Quantifiable" means that the amount, rate, and characteristics of emissions
				and emission reductions can be measured through an accurate, reliable, and
				replicable method established by an applicable requirement or approved by the
				director and the administrator of the United States Environmental Protection
				Agency.
2.30. "Real" means a change
				in the operation or control of a source, process, or process equipment that
				results in a reduction in actual emissions.
2.31. "Reasonable further progress" means any
				incremental emission reductions required to fulfill the requirements of section
				182(b)(1)(a) and (c)(2)(b) of the federal clean air act or specified in the
				federally approved state implementation plan.
2.32. "Replicable" means the use of a
				collection, analytical, or quantification method or procedure that will yield
				results equivalent to results obtained by the application of the method or
				procedure by different persons.
2.33. "Responsible official" means one of the
				following:
2.33.a. For a corporation: a
				president, secretary, treasurer, or vice-president of the corporation in charge
				of a principal business function, or any other person who performs similar
				policy or decision-making functions for the corporation, or a duly authorized
				representative of such person if the representative is responsible for the
				overall operation of one or more manufacturing, production, or operating
				facilities generating, trading or using emission reduction credits and either
				(i) the facilities employ more than two hundred fifty (250) persons or have
				gross annual sales or expenditures exceeding twenty five ($25) million (in
				second quarter 1990 dollars), or (ii) a representative delegated with such
				authority and approved in advance by the director.
2.33.b. For a partnership or sole
				proprietorship: a general partner or the proprietor, respectively;
2.33.c. For a municipality, State, Federal,
				or other public entity: either a principal executive officer or ranking elected
				official. For the purposes of this part, a principal executive officer of a
				Federal agency includes the chief executive officer having responsibility for
				the overall operations of a principal geographic unit of the agency (e.g., a
				Regional Administrator of the United States Environmental Protection Agency);
				or
2.33.d. The designated
				representative delegated with such authority and approved in advance by the
				director.