west virginia department of environmental protection



# Appendix H.5 WV Rules

to Control Particulate Matter

Promoting a healthy environment.

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# 45CSR6 CONTROL OF AIR POLLUTION FROM COMBUSTION OF REFUSE

Agency Approved Version submitted for Legislative Approval during 2008 Session

### [This page is intentionally left blank.]45CSR6

1 TITLE 45 LEGISLATIVE RULE DIVISION DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE DIVISION OF AIR QUALITY

SERIES 6 TO PREVENT AND CONTROL OF AIR POLLUTION FROM COMBUSTION OF REFUSE

§45-6-1. General.

1.1. Scope.

1.1.a. This rule establishes emission standards for particulate matter and requirements for activities involving incineration of refuse which are not subject to, or are exempted from regulation under a federal counterpart for specific combustion sources. This rule also prohibits (with limited exception) open burning and sets forth the registration, permitting, reporting, testing, emergency, natural disaster and exemption provisions for activities involving the combustion of refuse and land clearing debris.

1.1.a. 1.1.b. The purpose of this rule is to prevent and control air pollution from combustion of refuse. Neither compliance with the provisions of this rule nor the absence of specific language to cover particular situati ons constitutes approval or implies consent or condonement of any emission which is released in any locality in such manner or amount as to cause or contribute to undesirable levels of air contaminants statutory air pollution

. Neither does it exempt nor excuse anyone from complying with other applicable laws, ordinances, regulations or orders of governmental entities having jurisdiction over combustion of refuse or open burning

.

1.1.b. 1.1.c. All persons engaged in any form of combustion of refuse shall give careful consideration to the effects of the resultant emissions on the air quality of the area(s) affected by such burning. Important considerations include, but are not limited to, the location and time of burning, the type of material being burned and the potential emissions and the prevailing meteorological conditions. Persons failing to give due consideration to these factors will be in violation of this rule.

1.1.c. 1.1.d. It is the intent of the Director Secretary that all incorporated areas and other local governmental entities prohibit open burning and develop alternative methods for disposal of waste material refuse . If such action is not taken in any air basin, air quality control region or other such areas as the Director Secretary may designate, then such action may be taken by the Director Secretary to insure ensure compliance with air quality standards.

1.2. Authority. -- W.Va. Code §22-5-1 et seq §22-5-4

. 1.3. Filing Date. -- June 21, 2001

. 1.4. Effective Date. -- July 1, 2001

.

1.5. Former Rules. -- This legislative rule amends 45CSR6 “To Prevent and Control Air Pollution From Combustion of Refuse” which was filed on June 2, 2000 June 21, 2001 , and which became effective August 31, 2000 July 21, 2001

.
§45-6-2. Definitions.

2.1. “Agency Administrator” means a National Park Service Park Superintendent, Bureau of Indian Affairs Agency Superintendent, U.S. Forest Service Forest Supervisor, Bureau of Land Management District Manager, Fish and Wildlife Service Refuge Manager, State Forest Officer, Fire Chief, or an authorized designee45CSR6

2 thereof.

2.1. 2.2. “Air Curtain Incinerator” means an incinerator that operates by forcefully projecting a curtain of air across an open chamber or pit in which combustion occurs. Incinerators of this type can be constructed above or below ground and with or without refractory walls and floor. (Air curtain incinerators are not to be confused with conventional combustion devices with enclosed fireboxes and controlled air technology such as mass burn, modular, and fluidized bed combustors.)

2.2. 2.3. “Air Pollution”, or‘statutory air pollution’ shall have the meaning ascribed to it in W.Va. Code §22-5-2.

2.3. 2.4. “Air Pollution Control Equipment” means any equipment used for collecting or converting gasborne particulate or gaseous materials for the purpose of preventing or reducing emission of these materials into the open air.

2.4. “Clean Lumber” means wood or wood products that have been cut or shaped and include wet, air-dried, and kiln-dried wood products. Clean lumber does not include wood products thathave been painted, pigment-stained, or pressuretreated by compounds such as chromate copper arsenate, pentacholrophenol, and creosote.

2.5. “Director” means the director of the division of environmental protection or such other person to whom the director has delegated authority or duties pursuant to W. Va. Code §§22- 1-6 or 22-1-8.

2.5. “CFR” means the Code of Federal Regulations published by the Office of the Federal Register, National Archives and Records Service, General Services Administration.

2.6. “Flare”, or ‘flare stack’ means and includes a combustion source normally comprised of, but not limited to, a length of stack or pipe which has an attached burner mechanism designed to destroy liquid or gaseous material with an open or semi-enclosed flame.

2.7. “Incineration” means the destruction of combustible refuse by burning in a furnace designed for that purpose. For the purposes of this rule, the destruction of any combustible liquid or gaseous material by burning in a flare/flareflare or flare stack, thermal oxidizer or thermal catalytic oxidizer stack shall be considered incineration.

2.8. “Incinerator” means any device used to accomplish incineration.

2.9. “Incinerator Capacity” shall be the manufacturer's or designer's guaranteed maximum charging rate or such other rate as may be determined by the Director Secretary in accordance with good engineering practices. In case of conflict the determination by the Director Secretary shall govern. For the purpose of this rule, the total of the capacities of all furnaces within one system shall be considered as the “Incinerator Capacity”.

2.10. “Industrial Waste Incinerator” means an incinerator which is used to incinerate gaseous, liquid, semi-liquid and/or solid by-product waste from industrial sources.

2.11. “Land Clearing Debris” means that vegetative material generated by clearing of land for purposes of preparation for development,construction, mining or other such activity. Nonvegetative refuse is not included in this meaning.

2.12. “Opacity” means the degree to which smoke and/or or particulate matter emissions reduce the transmission of light and obscure the view of an object in the background.

2.13. “Open Burning” means the combustion of refuse whereby the gaseous products of combustion are not conveyed through man-made means from one point to another and are discharged directly to the open air. This term includes ‘burn barrels’, but does not include air curtain incinerators

.45CSR6

3 2.14. “Particulate Matter” means any material, except uncombined water, that exists in a finely divided form as a liquid or solid.

2.15. “Pathological Waste Incinerator ” means an incinerator used to dispose of animal and/or human tissue, bandages, medical wastes and medical laboratory wastes waste material consisting of only human or animal remains, anatomical parts or tissue, the bags or containers used to collect and transport the waste material, and animal bedding (if applicable)

. 2.16. “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.

2.17. “Prescribed burning” means the controlled application of fire to vegetation under specified environmental conditions and precautionary measures, which allows the fire to be confined to a predetermined area for the purpose of accomplishing specifically planned wildlife and forest management objectives.

2.17. 2.18. “Refuse” means the useless and/or

, unwanted or discarded solid, liquid and/or

or

gaseous waste materials resulting from community, commercial, industrial or citizen activities.

2.19. “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.

2.18. 2.20. “Sewage Sludge Incinerator” means an incinerator which is used to incinerate the sludge produced by municipal or industrial sewage treatment plants.

2.19. 2.21. “Smoke” means small gasborne and airborne particles emitted as the result of the combustion of refuse in sufficient numbers to be visible.

2.20. “Wood Waste” means untreated wood and untreated wood products, including tree stumps (whole or chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings and shavings. Wood waste does not include:

2.20.a. Yard waste;

2.20.b. Construction, renovation, or demolition wastes; or

2.20.c. Clean lumber.

2.21. “Yard Waste” means grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs from residential, commercial/, retail, institutional, or industrial sources as part of maintaining yards or other private or public lands.

2.22. 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.

§45-6-3. Open Burning Prohibited.

3.1. General Provisions. -- The open burning of refuse by any person, firm, corporation, association or public agency is prohibited except for the following exemptions exceptions :
3.1.a. Vegetation grown on the premises of a home or farm, provided that there is compliance with the provisions of subdivision 1.1.b, and the health, safety, comfort and property of persons are protected from the effects of such burning.

3.1.b. Fires set for the purpose of bona fide instruction and training of public and industrial employees and members of volunteer fire departments in the methods of fighting fires, provided that approval to conduct such burning is received from the Director or the Director’s duly45CSR6

4 authorized representative Secretary . Burning of structures for fire training is subject to specific requirements of 45CSR15, in particular, 45CSR34 and40 CFR Part 61 Subpart M.

3.1.c. Open burning of land clearing debris provided that all the following conditions are met:

3.1.c.1. There is no practical alternate method for the disposal of the material to be burned;

3.1.c.2. The health, safety, comfort and property of persons are protected from the effects of such burning; and

3.1.c.3. Approval to conduct such burning is received from the Director or the Director’s duly authorized representative Secretary

. 3.1.d. Open burning of propellant and explosive wastes, provided that the open burning is conducted in accordance with 45CSR25.

3.1.e. Prescribed burning, in accordance with a written prescribed fire plan approved by the West Virginia Division of Forestry, or in the case of federal lands, appr oved by the appropriate Agency Administrator and endorsed by the West Virginia Division of Forestry, prior to ignition for the following wildlife, forest and associated land management purposes:

3.1.e.1. To improve forest health;

3.1.e.2. To maintain and restore wildlife habitat;

3.1.e.3. To reduce forest fuels and minimize the effect of wildfires;

3.1.e.4. To prepare land for planting or seeding (site preparation);

3.1.e.5. To restore fire-dependent forest ecosystems; and 3.1.e.6. To integrate with other control methods for use in eradication of non-native invasive plants.

3.2. The exemptions listed in subsection 3.1 are subject to the following stipulation:

3.2.a. Upon notification by the Director Secretary , no person shall cause, suffer, or allow or permit any form of open burning during existing or predicted periods of atmospheric stagnation. Notification shall be made by such means as the Director Secretary may deem necessary and feasible.

§45-6-4. Emission Standards for Incinerators and Incineration.

4.1. No person shall cause, suffer, or allow or permit particulate matter to be discharged from any incinerator into the open air in excess of the quantity determined by use of the following formula:

Emissions (lb/hr) = F x Incinerator Capacity (tons/hr)

Where, the factor, F, is as indicated in Table I below:

Table I: Factor, F, for Determining Maximum Allowable Particulate Emissions.

Incinerator Capacity Factor F

A. Less than 15,000 lbs/hr 5.43 B. 15,000 lbs/hr or greater 2.72

4.2. After September 1, 1969, in In the Counties of Brooke, Hancock, Ohio, Marshall and Kanawha; and the Magisterial Districts of Valley (Fayette County), Scott and Pocatalico (Putnam County), Tygart (Wood County), the City of Fairmont and those portions of Union and Winfield Magisterial Districts west of I-79 (Marion County), no person shall cause, suffer, or allow or permit the operation of any incinerator during the period starting one (1) hour before45CSR6

5 sunset and extending until two (2) hours after sunrise. This subsection shall not apply to the operation of flares, pathological waste , industrial, municipal or sewage sludge incinerators.

4.3. Emission of Visible Particulate Matter. -- No person shall cause, suffer, or allow or permit emission of smoke into the atmosphere from any incinerator which is twenty (20%) percent (20%) opacity or greater.

4.4. The provisions of subsection 4.3 shall not apply to smoke which is less than forty (40%) percent (40%) opacity, for a period or periods aggregating no more than eight (8) minutes per start-up, or six (6) minutes in any sixty (60)- minute period for stoking operations.

4.5. No person shall cause, suffer, or allow or permit the emission of particles of unburned or partially burned refuse or ash from any incinerator which are large enough to be individually distinguished in the open air.

4.6. Incinerators, including all associated equipment and grounds, shall be designed, operated and maintained so as to prevent the emission of objectionable odors.

4.7. Incineration of Residues and Hazardous Materials Pathological Waste. -- Persons responsible for the incineration of hazardous materials such as insecticides, empty insecticide containers, toxic materials, certain chemical residues, explosives, used bandages and other medical wastes, pathological wastes, human and animal remains and other like materials waste shall give the utmost care and consideration to the potential harmful effects of the emissions resulting from such activities. Evaluation of these facilities as to adequacy, efficiency and emission potential will be made on an individual basis by the Director Secretary , working in conjunction with other appropriate governmental agencies.

4.8. Air Curtain Incinerators -- Notwithstanding any other provisions in this rule, the construction, modification, siting, and operation of air curtain incinerators shall be subject only to sections 9, 10, 11 and the following requirements:

4.8.a. Incinerators as defined and regulated in 40 CFR Part 60, Subparts Eb, CCCC (65 FR75338, December 1, 2000) and AAAA (65FR76350, December 6, 2000) shall comply with applicable requirements set forth in those regulations. The requirements of 40 CFR Part 60 Subparts CCCC and AAAA as related to air curtain incinerators are hereby incorporated by reference. All notices, reports and other information required to be submitted to the Administrator of the United States Environmental Protection Agency pursuant to 40 CFR Part 60, Subparts Eb, CCCC and AAAA shall also be submitted to the Director.

4.8.b. Only land clearing debris, wood waste, clean lumber or yard waste as defined in this rule or 40 CFR Part 60, Subparts Eb, CCCC and AAAA may be burned by an air curtain incinerator.

4.8.c. Except as provided in subdivision 4.8.e, construction or modification of an air curtain incinerator shall be subject to the permitting requirements of 45CSR13, 45CSR14, or 45CSR19, as applicable.

4.8.d. Except for incinerators subject to subdivision 4.8.e, air curtain incinerators not subject to subdivision 4.8.a shall comply with emission control, reporting, and recordkeeping requirements identical to those set forth under 40 CFR §60.2250, 40 CFR §60.2255, and 40 CFR §60.2260. Reports, notices, and other information required to be submitted to the Administrator of the United States Environmental Protection Agency under those cited sections must only be submitted to the Director.

4.8.e. T e m p o r a r y A i r C u r t a i n Incinerators. -- Air curtain incinerators not subject to subdivision 4.8.a that are temporarily sited and operated only for the disposal of on-site land clearing debris are not shall not besubject to45CSR6

6 the emission standards of this rule or to the preconstruction permitting requirements of 45CSR13 , provided that the following conditions
are met:

4.8.e.1. 4.8.a. There is no practical alternative method for the disposal of the material to be burnedincinerated ;

4.8.e.2. 4.8.b. The health, safety, comfort and property of persons are protected from the effects of such burning incineration ;

4.8.e.3. 4.8.c. Approval to conduct such burning incinerationis received from the director or the director’s duly authorized representative Secretary ; and

4.8.e.4. 4.8.d. The temporary air curtain incinerator is not subject to the requirements of section 9 of this rule, 45CSR14, 45CSR18, or 45CSR19, or 45CSR30

. 4.8.f. Air curtain incinerators subject to the requirements of 45CSR30 shall apply for and obtain an operating permit in accordance with the provisions of 45CSR30.

4.9. Except for flares and temporary air curtain incinerators under subsection 4.8, the owner or operator of an incinerator shall post operating instructions for the incinerator clearly visible by the operator from the incinerator charging area. Such posting shall provide instruction for proper operation in order to prevent a violation of this rule.

4.10. The owner and operator of an incinerator shall design, construct and operate the facility in accordance with all applicable rules promulgated by the Secretary including, but not limited to, this rule, 45CSR13, 45CSR14, 45CSR18, 45CSR19, 45CSR25, 45CSR30 and 45CSR34, as applicable.

§45-6-5. Registration.

5.1. Within thirty (30) days after the effective date of this rule, all persons owning and/or operating incinerators within the statean incinerator in West Virginia shall have registered with the Director Secretary on forms made available by the Director Secretary , the name of the person, company or corporation operating the plant, the address, location, county, ownership (lessee, lessor), the principal officer of the company and any such other reasonable information as the Director Secretary may require including, but not limited to, make, model, capacity, operating temperature, fuel used, stack parameters and description of air pollution control equipment.

§45-6-6. Permits.

6.1. No Except for temporary air curtain incinerators under subsection 4.8, no person shall construct, modify or relocate any incinerator without first obtaining a permit in accordance with the provisions of W.Va. Code § §22-5-1 et seq., 45CSR13, 45CSR14, and45CSR19, and 45CSR30, as applicable, provided that, and notwithstanding the provisions of 45CSR13, flares and flare stacks meeting the following requirements shall not be required to obtain a preconstructionpermit under 45CSR13:

6.1.a. Temporary flares used in conjunction with maintenance and repair of natural gas pipelines, combusting only the gas contained therein, which meet the following conditions:

6.1.a.1. The flare or flare stack exists on-site for a cumulative period of less than thirty (30) days in any twelve (12) consecutive month period;

6.1.a.2. The maximum emissions from the flare or flare stack, based on the potential to emit for the period of time that the flare or flare stack is in use, do not exceed the threshold amounts specified in the definitions of “stationary source” and “modification” in 45CSR13;

6.1.a.3. The flare or flare stack is not subject to the requirements of 40 CFR Parts 60, 61, or 63, or 45CSR14 or 45CSR19 45CSR14,45CSR6

7 45CSR16, 45CSR19, 45CSR25, 45CSR30 or 45CSR34 ; and

6.1.a.4. The source maintains records of emissions, monitoring results or other records sufficient to determine compliance with the requirements of paragraphs 6.1.a.1 through 6.1.a.3 for a minimum period of three (3) years and makes such records available upon the Director’s Secretary’s request.

6.1.b. Temporary flares, other than those identified in subdivision 6.1.a, which meet the following conditions:

6.1.b.1. The flare or flare stack exists on-site for a cumulative period of less than ten (10) days in any twelve (12) consecutive month period;

6.1.b.2. The maximum emissions from the flare or flare stack, based on the potential to emit for the period of time that the flare or flare stack is in use, do not exceed the threshold amounts specified in the definitions of “stationary source” and modification” in 45CSR13;

6.1.b.3. The flare or flare stack is not subject to the requirements of 40 CFR Parts 60, 61, or 63, or 45CSR14 or 45CSR19 45CSR14, 45CSR16, 45CSR19, 45CSR25, 45CSR30 or 45CSR34 ;

6.1.b.4. The flare or flare stack meets all of the general control device requirements of 40 CFR §60.18, including, but not limited to, the requirement to monitor the flare to ensure it is operated and maintained in conformance with its design and the opacity standard in 40 CFR §60.18(c)(1);

6.1.b.5. The flare or flare stack is designed and operated in a manner to prevent violations of any national ambient air quality standards standard ;

6.1.b.6. The source notifies the Director Secretary within ten (10) working days of locating any flare or flare stack on-site, which notification shall include the location andanticipated duration that such flare will remain onsite; and

6.1.b.7. The source maintains records of emissions, monitoring results or other records sufficient to determine compliance with the requirements of paragra phs 6.1.b.1 through 6.1.b.6 for a minimum period of three (3) years and makes such records available upon the Director’s Secretary’s request.

6.2. Nothing contained in this rule shall be construed or inferred to mean that permit requirements in accordance with applicable rules shall be in any way limited or inapplicable, including but not limited to the permitting requirements under 45CSR13, 45CSR14, 45CSR19, 45CSR25 and 45CSR30.

§45-6-7. Reports and Testing.

7.1. At such reasonable times as the Director Secretary may designate, the operator of any incinerator shall be required to conduct or have conducted stack tests to determine the particulate matter loading, by using 40 CFR Part 60, Appendix A, Method 5 or other equivalent U.S. EPA approved method approved by the Director Secretary , in exhaust gases. Such tests shall be conducted in such manner as the Director Secretary may specify and be filed on forms and in a manner acceptable to the Director Secretary

. The Director, or the Director’s authorized representative, Secretary may, at the Director’s Secretary’s option, witness or conduct such stack tests. Should the Director Secretary exercise his or her option to conduct such tests, the operator will provide all the necessary sampling connections and sampling ports to be located in such manner as the Director Secretary may require, power for test equipment and the required safety equipment such as scaffolding, railings and ladders to comply with generally accepted good safety practices.

7.2. The Director, or the Director’s duly authorized representative, Secretary may conduct45CSR6

8 such other tests as the Director Secretary may deem necessary to evaluate air pollution emissions other than those noted above.

§45-6-8. Variances.

8.1. If it can be demonstrated to the Director Secretary that the disposal of certain materials by any method other than burning leads to ground water contamination, then the person responsible for the disposal of such materials shall submit to the Director Secretary within sixty (60) days of such demonstrationa program and preconstruction permit application under 45CSR13 leading to the construction of a suitable incinerator. If such program and permitis acceptedapprovedby the Director Secretary , the person shall not be in violation as long as such incineration is in accordance withthe approvedprogram is observed and permit issued by the Secretary

.

8.2. Due to an unavoidable malfunction of equipment, emissions exceeding those provided for any limitationin this rule may be permitted by the Director Secretary for periods not to exceed five (5) days upon specific application to the Director Secretary . Such application shall be made within twenty-four (24) hours of the malfunction. In cases of major equipment failure, additional time periods may be granted by the Director Secretary provided a corrective program has been submitted by the owner or operator and approved by the Director Secretary

. §45-6-9. Emergencies and Natural Disasters.

9.1. In situations involving flood, tornado, ice storm, high winds or other natural disaster the Director Secretary may, based on demonstrated need, allow approve temporary open burning or incinerationof vegetation, non-hazardous building debris and other non-hazardous debris from such natural disaster which would otherwise be subject to the requirements of sections 3, 4 or 6 of this rule , provided that:

9.1.a. There is no practical alternative method for disposal of the material to be burned; and

9.1.b. The health, safety, comfort and property of persons are protected from such burning. ; and

9.1.c. Approval to conduct such burning is received from the Secretary.

9.2. During a declared state of emergency under Annex W of the West Virginia Emergency Operations Plan involving a highly contagious animal or poultry disease, the Secretary may approve temporary incine ration or open burning of animal or poultry remains and related pathological waste which would otherwise be subject to the requirements of sections 3, 4 or 6 or 45CSR18, provided that:

9.2.a. There is no practical alternative method for carcass and pathological waste disposal;

9.2.b. The health, safety, comfort and property of persons are protected from such incineration or burning; and

9.2.c. Approval to conduct such incineration or burning is received from the Secretary.

§45-6-10. Exemptions.

10.1. The following combustion units are subject to the requirements of 45CSR18 and shall be exempt from the requirements of this rule:

10.1.a. Large municipal waste combustors, small municipal waste combustion units, hospital/ medical/ infectious waste incinerators, commercial and industrial solid waste incineration units, and other solid waste incineration units;

10.1.b. Air curtain incinerators which are a distinct operating unit of any commercial or industrial facility;45CSR6

9 10.1.c. Any air curtain incinerator that burns less than 35 tons per day of municipal solid waste, or is located at an institutional facility burning any amount of institutional waste generated at that facility; and

10.1.d. Incinerators or air curtain incinerators used on a temporary basis to combust vegetation or debris from disaster recovery or a state of emergency.

10.2. Any pathological waste incinerator subject to 45CSR18 or 45CSR25 shall be exempt from the requirements of this rule.

10.3. Any facility which incinerates low-level radioactive waste or chemotherapeutic waste shall be exempt from the requirements of this rule.

10.4. Any hazardous waste combustor subject to 40 CFR Part 63, Subpart EEE and 45CSR34 shall be exempt from the requirements of this rule.

10.5. Any hazardous waste incinerator subject to 40 CFR Parts 264 or 265 and 45CSR25 shall be exempt from the requirements of this rule.

§45-6-10. §45-6-11. Effect of the Rule.

10.1. 11.1. Nothing in this rule shall be construed to allow or permit the installation, establishment or construction of a new municipal or commercial solid waste facility utilizing incineration technology for the purpose of solid waste incineration in violation of W.Va. Code §22-15-19.

§45-6-11. §45-6-12. Inconsistency Between Rules.

11.1. 12.1. In the event of any inconsistency between this rule and any other existing rule of the West Virginia Division Department of Environmental Protection, suchthe inconsistency shall be resolved by the determination of the Director Secretary and suchthe determination shall be based upon the application of the more stringent provision, term, condition, method or rule.

# 45CSR17 TO PREVENT AND CONTROL PARTICULATE MATTER AIR POLLUTION FROM MATERIALS HANDLING, PREPARATION, STORAGE AND OTHER SOURCES OF FUGITIVE PARTICULATE MATTER

### [This page is intentionally left blank.]45CSR17

1 TITLE 45 LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF AIR QUALITY

SERIES 17 TO PREVENT AND CONTROL PARTICULATE MATTER AIR POLLUTION FROM MATERIALS HANDLING, PREPARATION, STORAGE AND OTHER SOURCES OF FUGITIVE PARTICULATE MATTER

§45-17-1. General.

1.1. Scope. -- The purpose of this rule is to prevent and control particulate matter air pollution from materials handling, preparation, storage and other sources of fugitive particulate matter.

1.2. The Director particularly urges the cooperation of municipalities in utilizing street sweepers equipped with dust capturing equipment, on a regular basis, to minimize particulate matter reentrainment into the ai r from heavily trafficked streets. In addition, municipalities should take such action as necessary to control fugitive particulate matter emissions arising from unpaved streets, access roads, private parking lots and any other such sources of uncontrolled particulate
matter.

1.3. Authority. -- W. Va. Code §§22-5-1 et
seq.
1.4. Filing Date. -- June 2, 2000.

1.5. Effective Date. -- August 31, 2000.

1.6. Former Rules. -- This legislative rule amends 45CSR17 “To Prevent and Control Particulate Air Pollution from Materials Handling, Preparation, Storage and Sources of Fugitive Particulate Matter” which was filed on March 30, 1979, and which became effective May 1, 1979.

§45-17-2. Definitions.

2.1. "Air Pollution", 'statutory air pollution', shall have the meaning ascribed to it in W. Va. Code §22-5-2. 2.2. "Director" means the director of the division of environmental protection or such other person to whom the director has delegated authority or duties pursuant to W. Va. Code §§22- 1-6 or 22-1-8.

2.3. "Fugitive Particulate Matter", for the purpose of this rule, means particulate matter which becomes airborne from activities including, but not limited to: handling, transporting or storage of materials; storage structure(s); the use, repair, construction, alteration, renovation or demolition of building(s), road(s) or other activities; disposal areas; haul roads; plant grounds; public, private and industrial parking areas or lots; public and private streets and highways; mobile drills; and any other activity which generates airborne particulate matter.

2.4. "Materials" includes, but is not limited to, limestone, dolomite, iron ore, slag, coke, coal, sandstone, magnetite, sinter, sand, coal refuse, soda ash, ash, cement or earth.

2.5. "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.

2.6. "Particulate Matter" means any material except uncombined water that exists in a finely divided form as a liquid or solid.

2.7. "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 whatever45CSR17

2 nature. 2.8. “Statutory Air Pollution” means and is limited to the discharge into the air by the act of man of substances (liquid, solid, gaseous, organic or inorganic) in a locality, manner and amount as to be injurious to human health or welfare, animal or plant life, or property, or which would interfere with the enjoyment of life or property.

2.9. 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.

§45-17-3. Control and Prohibition of Fugitive Particulate Emissions.

3.1. No person shall cause, suffer, allow or permit fugitive particulate matter to be discharged beyond the boundary lines of the property on which the discharge originates or at any public or residential location, which causes or contributes to statutory air pollution.

3.2. When a person is found in violation of this rule, the Director may require the person to utilize a system to minimize fugitive particulate matter. This system to minimize fugitive particulate matter may include, but is not limited to, the following:

3.2.a. Use, where practicable, of water or chemicals for control of particulate matter in demolition of existing buildings or structures, construction operations, grading of roads or the clearing of land;

3.2.b. Application of asphalt, water or suitable chemicals on unpaved roads, material stockpiles and other surfaces which can create airborne particulate matter;

3.2.c. Covering of material transport vehicles, or treatment of cargo, to prevent contents from dripping, sifting, leaking or otherwise escaping and becoming airborne, and prompt removal of tracked material from roads or streets;

or

3.2.d. Installation and use of hoods, fans and fabric filters to enclose and vent the handling of materials, including adequate containment methods during sandblasting, abrasive cleaning or other similar operations.

§45-17-4. Control Programs and Schedules.

4.1. Any person operating a source of fugitive particulate matter in violation of the provisions of this rule shall submit a control program upon the request of the Director. The control program shall be embodied in a consent order as provided in W. Va. Code §22-5-4.

§45-17-5. Variance

5.1. A variance may be granted for up to ten (10) days from the requirements of this rule by the Director for conditions beyond the control of any person. Any request for a variance shall contain evidence satisfactory to the Director. Variances of over ten (10) days may be granted by the Director, provided an acceptable control program has been submitted by the person requesting said variance.

§45-17-6. Exemptions.

6.1. Sources that are subject to the fugitive particulate matter emission requirements of 45CSR2, 45CSR3, 45CSR5 and 45CSR7 shall be exempt from the provisions of this rule, provided that such sources shall not be exempt from the provisions of W. Va. Code §§22-5-1 et seq., including the provisions of §22-5-3 relating to statutory air pollution.

6.2. Normal agricultural activities shall be exempt from the provisions of this rule, to the extent that such activities do not cause, suffer, permit or allow statutory air pollution as defined in this rule.45CSR17

3 §45-17-7. Enforcement.

7.1. Notwithstanding any other provisions in this rule, the Director may take any and all enforcement actions authorized under the Code for a violation of this rule, including, but not limited to, requiring the immediate cessation or abatement of the discharge causing or contributing to statutory air pollution.

§45-17-8. Inconsistency Between Rules.

8.1. In the event of any inconsistency between this rule and any other existing rule of the Division of Environmental Protection, such inconsistency shall be resolved by the determination of the Director and such determination shall be based upon the application of the more stringent provision, term, condition, method or rule.

8.2. Fugitive particulate matter emission requirements of any other applicable rule issued by the Director may be taken into consideration by the Director in determining compliance with this rule.