Current through Register Vol. XLII, No. 1, January 3, 2025
Section 45-3-2 - Definitions2.1. "Air Pollution", "statutory air pollution" shall have the meaning ascribed to it in W. Va. Code §22-5-2.2.2. "Air Pollution Control Equipment" is defined as:2.2.1. "Primary Collection" -- is that equipment including, but not limited to, cyclones or multicyclones incorporated for the collection of fine particulate matter generated and emitted principally from the drying operation and from which all collected material may or may not be reinjected into the main aggregate flow.2.2.2. "Secondary Collection" -- is that equipment including, but not limited to, multicyclones, scrubbers, bag filters and electrostatic precipitators, incorporated for the collection of that particulate matter not collected by the primary collection equipment and from which such collected material may or may not be reinjected into the main aggregate flow.2.3. "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).2.4. "Fuel" means any gaseous, liquid or solid substance or any combination thereof burned in fuel burning equipment.2.5. "Fuel Burning Equipment" means and includes any chamber, apparatus, device, mechanism, stack or structure used in the process of burning fuel or other combustible material for the primary purpose of producing heat for direct heat transfer as applied to a hot mix asphalt plant excluding internal combustion engines.2.6. "Fugitive Particulate Matter" means any particulate matter generated by the operation of a hot mix asphalt plant which, if not confined, would be emitted directly to the atmosphere from points other than a stack outlet.2.7. "General Permit" means a general permit issued pursuant to 45CSR13.2.8. "Malfunction" means a sudden and unavoidable breakdown of process or control equipment.2.9. "Opacity" means the degree to which smoke and/or particulate matter emissions reduce the transmission of light and obscure the view of an object in the background.2.10. "Operating Permit" means a general permit issued pursuant to 45CSR13 or a permit issued pursuant to 45CSR30, or section 5 of this rule.2.11. "Particulate Matter" means any material, except uncombined water, that exists in a finely divided form as a liquid or solid.2.12. "Particulate Matter Capture System" means any equipment or method used to confine, collect and transport particulate matter from elevators, screens, mixers, weighing equipment, bins and other plant components to air pollution control equipment. Particulate matter capture systems shall include, but not be limited to, hoods, bins, ductwork, enclosures and fans.2.13. "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.2.14. "Plant" or "Hot Mix Asphalt Plant" means a hot mix asphalt plant which shall mean and include all the equipment utilized in the manufacture of asphaltic hot mix concrete, including, but not limited to, burner(s), drier(s), elevators, screens, mixer(s), weighing equipment, bins, and air pollution control equipment.2.15. "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 22-1-8.2.16. "Shutdown" means the cessation of operation of a plant subject to this rule for any purpose, unless defined otherwise in a permit issued to create an alternative emission limitation.2.17. "Smoke" means small gasborne and airborne particles arising from a process of combustion in sufficient numbers to be visible.2.18. "Standard Conditions" for the purpose of this rule means a temperature of 68º F, 20º C and a pressure of 29.92 inches of mercury (760 mm of Hg).2.19. "Startup" means the setting in operation of a plant subject to this rule for any purpose, unless defined otherwise in a permit issued to create an alternative emission limitation.2.20. 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.