Current through Register Vol. XLI, No. 49, December 6, 2024
Section 45-40-2 - Definitions2.1. "Administrator" means the Administrator of the United States Environmental Protection Agency (U.S. EPA) or the Administrator's duly authorized representative.2.2. "Boiler" means an enclosed fossil or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.2.3. "Clean Air Act" or "CAA" means the Clean Air Act, 42 U.S.C. 7401, et seq., as amended.2.4. "Clinker" means the product of a Portland cement kiln from which finished cement is manufactured by milling and grinding.2.5. "Combustion turbine" means:2.5.a. An enclosed device comprising a compressor, a combustor, and a turbine and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and2.5.b. If the enclosed device under subdivision 2.6.a is combined cycle, any associated duct burner, heat recovery steam generator, and steam turbine.2.6. "Continuous emission monitoring system" or "CEMS" means, except for purposes of subsections 2.15 and 6.2, the total equipment required for the determination of NOX emission rate, expressed in pounds per million British thermal units (lb/mmBtu). For the purposes of this rule, CEMS is used for continuous compliance determinations. The sample interface, pollutant analyzer, diluent analyzer, and data recorder are the major subsystems of the CEMS. The principal type of continuous emission monitoring system is:2.6.a. A nitrogen oxides emission rate (or NOX-diluent) monitoring system, consisting of a NOX pollutant concentration monitor, a diluent gas (CO2 or O2) monitor, and an automated data acquisition and handling system and providing a permanent, continuous record of NOX concentration, in parts per million (ppm), diluent gas concentration, in percent CO2 or O2; and NOX emission rate, in pounds per million British thermal units (lb/mmBtu);2.7. "Excess emissions" means nitrogen oxides emitted by an applicable unit under subsection 4.1 during an ozone season that exceeds the ozone season NOX emissions limitation for the unit set forth in section 5.2.8. "Fossil fuel" means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material.2.9. "Fossil fuel-fired" means, with regard to a unit, and solely for purposes of applying the applicability provisions in subsection 4.1: 2.9.a. The combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50 percent of the annual heat input on a Btu basis during any year; or2.9.b. The combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel is projected to comprise more than 50 percent of the annual heat input on a Btu basis during any year; provided that the unit shall be "fossil fuel-fired" as of the date, during such year, on which the unit begins combusting fossil fuel.2.10. "Large NOX SIP call engine" means a stationary internal combustion engine identified and designated as "large" in the NOX SIP Call Engine Inventory as emitting more than one ton of NOX per average ozone season day in 1995.2.11. "Long dry kiln" means a kiln 14 feet or larger in diameter, 400 feet or greater in length, which employs no preheating of the feed. The inlet feed to the kiln is dry.2.12. "Long wet kiln" means a kiln 14 feet or larger in diameter, 400 feet or greater in length, which employs no preheating of the feed. The inlet feed to the kiln is a slurry.2.13. "Low-NOX burners" means combustion equipment designed to reduce flame turbulence, delay fuel/air mixing and establish fuel-rich zones for initial combustion.2.14. "Mid-kiln firing" means the secondary firing in kilns by injecting solid fuel at an intermediate point in the kiln using a specially designed feed injection mechanism for the purpose of decreasing NOX emissions through: 2.14.a. Burning part of the fuel at a lower temperature; and2.14.b. Reducing conditions at the solid waste injection point that may destroy some of the NOX formed upstream in the kiln burning zone.2.15. "Monitoring system" means, for purposes of subsection 6.2, a continuous emissions monitoring system, an alternative monitoring system, or an excepted monitoring system under 40 CFR part 75 as defined in 40 CFR § 72.2.2.16. "Nitrogen oxides" or "NOX" means all oxides of nitrogen except nitrous oxide (N2O), reported on an equivalent molecular weight basis as nitrogen dioxide (NO2).2.17. "NOX SIP Call Engine Inventory" means the inventory of internal combustion engines compiled by U.S. EPA as part of the NOX SIP Call Rule, including the technical amendments, announced in the March 2, 2000 Federal Register, page 11222, and the adjustment of the 2007 Budget NOX Control Efficiency to 82 percent for large gas-fired engines, announced in the April 21, 2004 Federal Register notice, page 21604 for the Phase II NOX SIP Call Rule.2.18. "Ozone season" means the period beginning May 1 of a calendar year, and ending on September 30 of the same year, inclusive.2.19. "Performance Specification 2" or "PS 2" means the Specifications and Test Procedures for SO2 and NOX Continuous Emission Monitoring Systems in Stationary Sources provided in Appendix B to 40 CFR part 60. For purposes of subsections 6.3 and 6.5, these procedures are used for measuring CEMS relative accuracy and calibration drift and include CEMS installation and measurement location specifications, equipment specifications, performance specifications, and data reduction.2.20. "Performance Specification 16" or "PS 16" means the Specifications and Test Procedures for Predictive Emission Monitoring Systems (PEMS) in Stationary Sources provided in Appendix B to 40 CFR part 60 . For purposes of subsection 6.4, these procedures are used to determine whether the PEMS is acceptable for use in demonstrating compliance with the NOX emission limit and to certify the PEMS initially. They are also used periodically thereafter to ensure the PEMS is operating properly. These specifications apply to PEMS that are installed on or after April 24, 2009.2.21. "Predictive Emission Monitoring System" or "PEMS" means all of the equipment required to predict an emission concentration or emission rate. The system may consist of any of the following major subsystems: sensors and sensor interfaces, emission model, algorithm, or equation that uses process data to generate an output that is proportional to the emission concentration or emission rate, diluent emission model, data recorder, and sensor evaluation system. Systems that use fewer than three (3) variables do not qualify as PEMS unless the system has been specifically approved by the Administrator for use as a PEMS. A PEMS may predict emissions data that are corrected for diluent if the relative accuracy and relevant QA tests are passed in the emission units corrected for diluent. Parametric monitoring systems that serve as indicators of compliance and have parametric limits but do not predict emissions to comply with an emissions limit are not included in this definition.2.22. "Portland cement" means a hydraulic cement produced by pulverizing clinker consisting essentially of hydraulic calcium silicates, usually containing one or more of the forms of calcium sulfate as an interground addition.2.23. "Portland cement kiln" means a system, including any solid, gaseous or liquid fuel combustion equipment, used to calcine and fuse raw materials, including limestone and clay, to produce Portland cement clinker.2.24. "Precalciner kiln" means a kiln where the feed to the kiln system is preheated in cyclone chambers and utilizes a second burner to calcine material in a separate vessel attached to the preheater prior to the final fusion in a kiln which forms clinker.2.25. "Preheater kiln" means a kiln where the feed to the kiln system is preheated in cyclone chambers prior to the final fusion in a kiln which forms clinker.2.26. "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 22-1-8.2.27. "Source" means all buildings, structures, or installations located in one or more contiguous or adjacent properties under common control of the same person or persons.2.28. "Stationary internal combustion engine" or "engine" means any internal combustion engine of the reciprocating type that is either attached to a foundation at a facility or is designed to be capable of being carried or moved from one location to another and remains at a single site at a building, structure, facility, or installation for more than 12 consecutive months. Any engine (or engines) that replaces an engine at a site that is intended to perform the same or similar function as the engine replaced is included in calculating the consecutive time period.2.29. "Ton" means 2,000 pounds.2.30. "Unit" means a stationary fossil fuel-fired boiler, combustion turbine, or combined cycle system.2.31. Other words and phrases used in this rule, unless otherwise indicated, will have the meaning ascribed to them in W.Va. Code § 22-5-1 et seq. and 40 CFR § 72.2.