Sec. 45-28-2 - Definitions

ยง 45-28-2. Definitions

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.

2.34. "Retire" means to permanently remove emission reductions or emission reduction credits from circulation to provide an environmental benefit.

2.35. "Shutdown" means the permanent cessation of operation of a source, process, or process equipment for any purpose, excluding vehicle scrappage.

2.36. "Source" means a stationary source, an area source, or a mobile source.

2.37. "State implementation plan" means the state implementation plan and revisions to the plan that have been approved by the administrator of the United States Environmental Protection Agency pursuant to the applicable provisions of the federal clean air act.

2.38. "Stationary source" means any building, structure, facility, installation, process or process equipment which emits or may emit any air pollutant and which is reported as an individual source in the State=s Emission Inventory System or is otherwise individually regulated under specific emission control requirements established pursuant to the Code or federal clean air act.

2.39. "Surplus" means those emission reductions made below an established source baseline which are not required in the state implementation plan, any applicable federal implementation plan, any applicable attainment demonstration, reasonable further progress plan, or maintenance plan and which are not mandated by any applicable requirement.

2.40. "Trade" means the purchase, sale, conveyance, or other transfer of a registered emission reduction credit from one person to another person.

2.41. "Use" means the application of a registered emission reduction credit at a source to compensate for an emission overage of equal magnitude above a level that has been established by an applicable requirement within the specified life of the emission reduction credit or to provide an emissions offset for a new or modified stationary source.

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