CSR 45-1-2. Definitions

§45-1-2. Definitions. 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” 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, shutdown, or maintenance). An alternative emission limitation is a component of a continuous allowable 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 a numerical emission limitation exists). 2.3. “Clean Air Act” “(CAA”) means the federal Clean Air Act, 42 U.S.C. 7401, et seq., as amended. 2.4. “Continuous Allowable Emission Limitation” means a legally binding restriction (for example, as contained in a permit issued pursuant to 45CSR13, 45CSR14 or 45CSR19, in a consent order, in a federal regulation, in a State Legislative rule or in another State or federally enforceable document) on emissions from a source or source category such as a numerical emission limitation, a numerical emission limitation with higher or lower levels allowable during specific modes of operation, a specific technological control measure requirement, a work practice standard, or a combination of components as a comprehensive, continuous, and practical emission limitation. 2.6. “Excess Emissions” means the emissions of air pollutants from a source that exceed any allowable emission limitation. In particular, this term includes those emissions above the otherwise allowable emission limitation that occur during periods of startup or shutdown or other modes of source operation. 2.7. “Maintenance Operation” means scheduled maintenance activities that have zero process weight rate and are not defined as a manufacturing process. 2.8. “Practically Enforceable” also means State and federally enforceable, in the context of an allowable 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”. 2.9. “Process Weight Rate” means a rate established as follows: 2.9.a. For continuous or long-run steady-state source operations, the total process weight for the entire period of continuous operation or for a typical portion thereof, divided by the number of hours of such period or portion thereof. 2.9.b. For cyclical or batch unit operations, or unit processes, the total process weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period. 2.9.c. Where the nature of any process or operation or the design of any equipment is such as to permit more than one interpretation of this definition, the interpretation that results in the minimum value for allowable emission shall apply. 2.10. “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. 2.11. “Shutdown” means the cessation of operation, for any purpose, of a source subject to this rule. 2.12. “Startup” means the setting in operation, for any purpose, of a source subject to this rule. 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.