reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-18 - Control of Air Pollution from Combustion of Solid Waste › Table 45-18E

Current through Register Vol. XLI, No. 28, July 12, 2024
Increments of progress and compliance schedules for
				  existing CISWI units
Comply with these increments of
							 progress
By no later
							 thana
Increment 1. -- The owner or operator of an existing
							 CISWI unit shall submit a final control plan to the Secretary as expeditiously
							 as practicable after approval of the West Virginia § 111(d)/129
							 plan.
February 7, 2016
Increment 2. -- The owner or operator of an existing
							 CISWI unit shall achieve final compliance as expeditiously as practicable after
							 approval of the West Virginia § 111(d)/129 plan.
February 7, 2018; or three years after the effective
							 date of West Virginia § 111(d)/129 plan
							 approval.b
a Site-specific schedules can be
				  used at the discretion of the Secretary.
b The date can be no later than 3
				  years after the effective date of state plan approval or December 1, 2005 for
				  CISWI units that commenced construction on or before November 30, 1999. The
				  date can be no later than 3 years after the effective date of approval of a
				  revised state plan or February 7, 2018 for CISWI units that commenced
				  construction on or before June 4, 2010.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-18 - Control of Air Pollution from Combustion of Solid Waste › Table 45-18F

Current through Register Vol. XLI, No. 28, July 12, 2024
Emission limits for existing commercial and industrial
				  solid waste incinerators that apply before February 7,
				  2018b
Air pollutant
Emission limit
								  a
Averaging time
Performance test methods
Cadmium
0.004 milligrams per dry standard cubic
								meter.
3-run average (1-hour minimum sample time per
								run).
Performance test (Method 29 of 40CFR 60, appendix
								A)
Carbon monoxide
157 parts per million by dry volume.
3-run average (1-hour minimum sample time per
								run).
Performance test (Method 10, 10A, or 10B, of 40CFR
								60, appendix A)
Dioxins/furans (toxic equivalency basis)
0.41 nanograms per dry standard cubic meter.
3-run average (1-hour minimum sample time per
								run).
Performance test (Method 23 of 40CFR 60, appendix
								A)
Hydrogen chloride
62 parts per million by dry volume.
3-run average (For Method 26, collect a minimum
								volume of 120 liters per run. For Method 26A, collect a minimum volume of 1 dry
								standard cubic meter per run).
Performance test (Method 26 or 26A of 40CFR 60,
								appendix A-8)
Lead
0.04 milligrams per dry standard cubic
								meter.
3-run average (1-hour minimum sample time per
								run).
Performance test (Method 29 of 40CFR 60, appendix
								A)
Mercury
0.47 milligrams per dry standard cubic
								meter.
3-run average (1-hour minimum sample time per
								run).
Performance test (Method 29 or 30B of 40CFR 60,
								appendix A-8) or ASTM D6784-02 (reapproved 2008)
Nitrogen oxides
388 parts per million by dry volume.
3-run average (1-hour minimum sample time per
								run).
Performance test (Method 7 or 7E of 40CFR 60,
								appendix A-4)
Opacity
10 percent
Three 1-hour blocks consisting of ten 6-minute
								average opacity values.
Performance test (Method 9 of 40CFR 60, appendix
								A-4)
Particulate matter
70 milligrams per dry standard
cubic meter.
3-run average (1-hour minimum sample time per
								run).
Performance test (Method 5 or 29 of 40CFR 60,
								appendix A)
Sulfur dioxide
20 parts per million by dry volume.
3-run average (1-hour minimum sample time per
								run).
Performance test (Method 6 or 6C of 40CFR 60,
								appendix A)
aAll emission limitations (except
				  for opacity) are measured at 7 percent oxygen, dry basis at standard
				  conditions.
bApplies only to incinerators
				  subject to the CISWI standards through a state plan prior to June 4, 2010. The
				  date specified in the state plan can be no later than 3 years after the
				  effective date of approval of a revised state plan or February 7,
				  2018.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-18 - Control of Air Pollution from Combustion of Solid Waste › Table 45-18G

Current through Register Vol. XLI, No. 28, July 12, 2024
Operating limits for wet scrubbers
For these operating parameters
You shall establish these operating
							 limits
And monitor using these minimum
							 frequencies
Data measurement
Data recording
Averaging time
Charge rate
Maximum charge rate
Continuous
Every hour
Daily (batch units).
3-hour rolling (continuous and intermittent
							 units)a
Pressure drop across the wet scrubber or amperage to
							 wet scrubber
Minimum pressure drop or amperage
Continuous
Every 15 minutes
3-hour rollinga
Scrubber liquor flow rate
Minimum flow rate
Continuous
Every 15 minutes
3-hour rollinga
Scrubber liquor pH
Minimum pH
Continuous
Every 15 minutes
3-hour rollinga
a Calculated each hour as the
				  average of the previous 3 operating hours.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-18 - Control of Air Pollution from Combustion of Solid Waste › Table 45-18H

Current through Register Vol. XLI, No. 28, July 12, 2024
Toxic equivalency factors
Dioxin/Furan isomer
Toxic equivalency factor
2,3,7,8-tetrachlorinated dibenzo-p-dioxin
1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin
0.5
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin
0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin
0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin
0.1
1,2,3,4,6,7,8-heptachlorinated
							 dibenzo-p-dioxin
0.01
octachlorinated dibenzo-p-dioxin
0.001
2,3,7,8-tetrachlorinated dibenzofuran
0.1
2,3,4,7,8-pentachlorinated dibenzofuran
0.5
1,2,3,7,8-pentachlorinated dibenzofuran
0.05
1,2,3,4,7,8-hexachlorinated dibenzofuran
0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran
0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran
0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran
0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran
0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran
0.01
octachlorinated dibenzofuran
0.001
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-19 - Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas › Section 45-19-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope. -- This
				rule establishes and adopts a pre construction permit program to satisfy the
				requirements of §§172(c)(5) and 173 of the Clean Air Act (CAA) and
				the permit requirements of 40 CFR §51.165 for any area designated
				nonattainment for any national ambient air quality standard under 40 CFR Part
				81, Subpart C. This preconstruction permit program shall apply to any new major
				stationary source or major modification that is major for the pollutant for
				which the area is designated nonattainment under §107(d)(1)(A)(i) of the
				CAA, if the stationary source or modification would locate anywhere in the
				designated nonattainment area.
1.1.a. It is
				the intent of the Secretary that all applications filed by any person to
				construct major new or modified stationary air pollution sources, intending to
				locate in areas with air quality worse than the levels set to protect the
				public health and welfare, or that might impact those areas, must adequately
				meet the preconstruction review procedures and conditions of the Clean Air Act
				as amended and this rule.
1.1.b.
				These conditions are designed to ensure that the major new or modified source's
				emissions will be controlled to the greatest degree practicable; that more than
				equivalent offsetting emission reductions will be obtained from existing
				sources; that there will be progress toward achievement of the National Ambient
				Air Quality Standards; and that all applicable air pollution regulations
				adopted by the Secretary will be met.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-19 - Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas › Section 45-19-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Actual
				Emissions" means the actual rate of emissions of a regulated NSR pollutant from
				an emissions unit, as determined in accordance with subdivisions 2.1a through
				2.1.c, except that this definition shall not apply for calculating whether a
				significant emissions increase has occurred, or for establishing a PAL under
				section 23. Instead, subsections 2.59 and 2.9 shall apply for those purposes.
2.1.a. In general, actual emissions as of a
				particular date shall equal the average rate, in tons per year, at which the
				unit actually emitted the pollutant during a consecutive 24-month period which
				precedes the particular date and which is representative of normal source
				operation. The Secretary may allow the use of a different time period upon a
				determination that it is more representative of normal source operation. Actual
				emissions shall be calculated using the unit's actual operating hours,
				production rates, and types of materials processed, stored or combusted during
				the selected time period.
2.1.b.
				The Secretary may presume that source-specific allowable emissions for the unit
				are equivalent to the actual emissions of the unit.
2.1.c. For any emissions unit that has not
				begun normal operations on the particular date, actual emissions shall equal
				the potential to emit of the unit on that date.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-19 - Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas › Section 45-19-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Preconstruction Permit Program In Nonattainment Areas. - The preconstruction
				permit program requirements apply to the construction of any new major
				stationary source or major modification that is major for the pollutant for
				which the area is designated nonattainment under 40 CFR Part 81, Subpart C if
				the stationary source or modification would locate anywhere in the designated
				nonattainment area.
3.2.
				Preconstruction Permit Program In Attainment Areas. - The preconstruction
				permit program requirements also apply to any proposed major stationary source
				and to any major modification to such source in an area designated as
				attainment or unclassifiable for any National Ambient Air Quality Standard
				(NAAQS) pursuant to section 107 of the CAA when it would cause or contribute to
				a violation of any NAAQS.
3.3.
				Significance levels.
3.3.a. A major source or
				major modification will be considered to cause or contribute to a violation of
				a NAAQS when such source or modification would, at a minimum, exceed the
				following significance levels at any locality that does not or would not meet
				the applicable national standard:
Averaging time (hours)
Annual
24
8
3
1
Ambient Air Concentration Increase
							 (µg/m3)
SO2
1.0
5.0
25.0
PM10
1.0
5.0
PM2.5
0.3
1.2
NO2
1.0
Ambient Air Concentration Increase
							 (mg/m3)
CO
0.5
2.0
3.3.b. A proposed major source or major
				modification subject to subsection 3.2 may reduce the impact of its emissions
				upon air quality by obtaining sufficient emission reductions to, at a minimum,
				compensate for its adverse ambient impact where the major source or major
				modification would otherwise cause or contribute to a violation of any
				NAAQS.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-19 - Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas › Section 45-19-4 - Conditions for a Permit Approval for Proposed Major Sources That Would Contribute to a Violation of NAAQS

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Upon determination by the Secretary that
				a proposed new major stationary source or major modification will locate within
				a nonattainment area, or that a proposed new major stationary source or major
				modification to be built outside a nonattainment area will have a significant
				impact on pollutant concentrations in a nonattainment area, as of such source's
				proposed start-up date, permit approval may be granted only if the applicant
				agrees within its permit application and permit (if approved), to meet the
				following conditions:
4.1.a. The proposed
				major stationary source or major modification is required to meet the lowest
				achievable emission rate (LAER) for such source;
4.1.b. The applicant must certify that all
				existing sources owned or operated by the applicant (or any entity controlling,
				controlled by, or under common control of the applicant) in West Virginia are
				in compliance with the CAA and W.Va. Code §
										22-5-4,
				or the applicable regulations, or is in compliance with a compliance program or
				a court decree which is federally enforceable and enforceable by the
				Secretary;
4.1.e. More than
				equivalent emission offsets from existing sources in the nonattainment area
				impacted by the proposed new major stationary source or major modification
				(whether or not under the same ownership) are required such that there will be
				reasonable fiarther progress toward attainment of the applicable NAAQS. For
				sources locating in ozone nonattainment areas, the offset ratios for VOC and
				NOx must equal or exceed those specified in subsection 2.42. Only intra
				pollutant emission offsets are acceptable; and
4.1.d. The emission offsets will provide a
				positive net air quality benefit in the affected nonattainment area.
				Atmospheric simulation modeling for ozone impacts is not necessary for VOC and
				NOx- Compliance with subdivision 4.1.C and subsection 8.2 will be adequate to
				meet this condition.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-19 - Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas › Section 45-19-5 - Conditions for Permit Approval for Sources Locating in Attainment or Unclassifiable Areas That Would Cause a New Violation of a NAAQS

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Upon determination by the Secretary that
				the emissions from a proposed new major stationary source or major modification
				locating in attainment or unclassified areas would cause a new violation of a
				NAAQS, permit approval may be granted only if the applicant agrees within its
				permit application and permit (if approved) to meet a more stringent emission
				limitation and/or limit emissions of existing sources below levels allowed by
				the applicable regulations so that the proposed source will not cause a new
				violation of any NAAQS. Only intrapollutant emission offsets are
				acceptable.
5.2. If the proposed
				major source or major modification does not obtain the emission reductions
				specified in subsection 3.2 the Secretary shall deny the proposed
				construction.
5.3. The requirements
				of subsections 3.2 and 5.2 shall not apply to a major stationary source or
				major modification with respect to a particular pollutant if the owner or
				operator demonstrates that, as to that pollutant, the source or modification is
				located in an area designated as nonattainment pursuant to § 107 of the
				CAA.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-19 - Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas › Section 45-19-6 - Reserved

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-19 - Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas › Section 45-19-7 - Baseline for Determining Credit for Emission Offsets

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. For major stationary sources and major
				modifications subject to subsections 3.1 and 3.2 the baseline for determining
				credit for emissions reductions is the emission limit in effect at the time the
				application for a permit to construct under section 14 is filed, except that
				the offset baseline shall be the actual emissions of the source from which the
				offset credit is obtained where:
7.1.a. The
				demonstration of reasonable further progress and attainment of ambient air
				quality standards is based upon the actual emissions of sources located within
				a designated nonattainment area; or
7.1.b. The applicable regulation does not
				contain an emission limitation for a source or source category, the emission
				offset baseline involving such sources shall be the actual emissions.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-19 - Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas › Section 45-19-8 - Location of Emissions Offsets

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Emissions offsets shall be obtained from
				sources located as close to the proposed major stationary or major modified
				source site as possible. Except for ozone nonattainment areas, these emissions
				offsets must be obtained from the same nonattainment area as the proposed major
				source or major modification.
8.2.
				The Secretary, by petition, may allow emissions offsets from sources located at
				greater distances from the proposed major stationary source or major
				modification provided that an adequate demonstration that nearby offsets were
				investigated and reasonable alternatives which provide a positive net air
				quality benefit are not available is submitted by the applicant, subject to the
				following provisions:
8.2.a. Emission offsets
				for VOC or NOx will generally be acceptable from sources located within the
				same ozone nonattainment area or from other ozone nonattainment areas of equal
				or higher classification which can be shown to cause or significantly
				contribute to the ozone problem at the proposed new or modified source
				location; and
8.2.b. Emission
				offsets for sources of sulfur dioxide (SO2), and fine
				particulate matter (PM2.5) shall be obtained from an
				existing or shutdown facility, on the same premises or in the immediate
				vicinity of the proposed source.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-19 - Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas › Section 45-19-9 - Administrative Procedures for Emission Offset Proposals

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Emission offsets may be proposed by the
				applicant for the proposed major stationary source or major modification, the
				local community or the Secretary.
9.1.a. The
				emission offsets committed to must be accomplished by the applicant's proposed
				start-up date, except when such proposed source is a replacement for a source
				that is being shut down in order to provide the necessary benefits; in such
				cases the Secretary may allow up to one hundred eighty (180) days for shakedown
				of the new source before the existing source is required to cease operation.
				Such an allowance must be requested by the applicant and contained, if granted,
				within the construction permit.
9.1.b. If the emission reductions which are
				to be used as offset credit for a proposed major stationary source or major
				modification are to be obtained in a State that neighbors West Virginia, or
				from another source at another site not controlled by the applicant, the
				offsets committed to must be embodied in a USEPA approved State Implementation
				Plan revision in the neighboring State and must be federally enforceable and
				enforceable by both such neighboring State and the Secretary and at all
				participating sources.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-19 - Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas › Section 45-19-10 - Reserved

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-19 - Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas › Section 45-19-11 - Reserved

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-19 - Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas › Section 45-19-12 - Reasonable Further Progress

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. By the time the proposed major source
				or major modification is to commence operation, sufficient offsetting emissions
				reductions shall be in effect such that the total allowable emissions from
				existing sources in the area, from new or modified sources which are not major
				sources and from the proposed source will be sufficiently less than total
				emissions from existing sources prior to the application for the permit to
				construct or modify so as to represent, when considered together with the plan
				provisions required under section 172 of the act (
				42 USC
				7502 ), reasonable further
				progress.
12.2. For the purposes of
				satisfying the requirements of subsection 12.1:
12.2.a. The determination of total emissions
				at both the time prior to the application for a permit subject to the
				requirements of this chapter and the time the permitted source or modification
				would commence operation, shall be made in a manner consistent with the
				assumptions in the applicable state implementation plan approved by the
				Administrator concerning baseline emissions for the demonstration of reasonable
				further progress and attainment of the National Ambient Air Quality Standards
				for the particular pollutant subject to review under this chapter;
				and
12.2.b. To demonstrate
				reasonable further progress a new or modified source subject to review under
				this rule shall obtain offsets in an amount equal to or greater than the amount
				specified by the applicable offset ratio. If an offset ratio is not specified,
				the offset ratio shall be at least 1 to 1.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-19 - Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas › Section 45-19-13 - Source Impact Analysis

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The
				applicant for a preconstruction permit shall demonstrate to the satisfaction of
				the Secretary that all of the following conditions are met:
13.1.a. The emissions offsets required under
				subdivision 4.1.c, when considered in conjunction with the proposed emissions
				increase, will have a net air quality benefit in the affected area, as required
				under subdivision 4.1.d;
13.1.b.
				The emissions from the proposed new major source or major modification, when
				considered in conjunction with the emissions offsets required under section 4,
				will not contribute to nonattainment in, or interfere with maintenance by, any
				other state with respect to any national primary or secondary ambient air
				quality standard;
13.1.e. The
				emissions from the proposed new major source or major modification, when
				considered in conjunction with the emissions offsets required under section 4,
				will not interfere with measures required to be included in the applicable
				implementation plan for any other state under a program for the prevention of
				significant deterioration or for the protection of visibility; and
13.1.d. An analysis of alternative sites,
				sizes, production processes, and environmental control techniques for the
				proposed source demonstrates the benefits of the proposed source significantly
				outweigh the environmental and social costs imposed as a result of its
				location, construction or modification.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-19 - Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas › Section 45-19-14 - Permit Requirements for Major Stationary Sources and Major Modifications

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				Permit Application.
14.1.a. No person shall
				cause, suffer, allow, or permit the construction or relocation of any major
				stationary source or a major modification to be commenced in any area
				designated as nonattainment under §107 of the CAA, without notifying the
				Secretary of such intent, and obtaining prior to commencement of construction,
				modification, or relocation, a permit(s) to so construct, modify or relocate
				the major stationary source or major modification.
14.1.b. No person shall cause, suffer, allow
				or permit the construction or relocation of any major stationary source or
				major modification to be commenced anywhere in West Virginia, if the emissions
				would cause a violation of a NAAQS or would cause a significant impact on air
				quality in a designated nonattainment area, without notifying the Secretary of
				such intent and obtaining, prior to commencement of construction, modification
				or relocation, all necessary preconstruction approvals or permits to so
				construct, modify or relocate the major stationary source or major
				modification.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-19 - Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas › Section 45-19-16 - Public Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				Public meetings to receive comments on permit applications shall be held when
				the Secretary deems it appropriate or when substantial interest is expressed,
				in writing, by persons who might reasonably be expected to be affected by the
				proposed major source or major modification.
16.2. The Secretary or the Secretary's
				designee shall preside over such meetings and ensure that all interested
				parties have ample opportunity to present comments. Such meetings shall be held
				at a convenient place as near as practicable to the location of the proposed
				major source or major modification.
16.3. At a reasonable time prior to such
				meetings, the Secretary shall provide appropriate information to news media in
				the area where the proposed source or modification is to be located.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-19 - Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas › Section 45-19-17 - Permit Transfer, Cancellation and Responsibility

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Permit Transfer. -- A permittee may
				petition the Secretary for a transfer of a permit previously issued under
				45CSR19. The Secretary shall approve such permit transfer provided the
				following conditions are met:
17.1.a. The
				permittee, in the petition, describes the reasons for the requested permit
				transfer and certifies that the subject source is in compliance with all the
				provisions and requirements of its permit, and
17.1.b. The transferee provides written
				acknowledgment that it accepts and will comply with all the requirements,
				terms, and conditions as contained in the subject permit.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-19 - Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas › Section 45-19-18 - Disposition of Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. In
				the event that the Secretary promulgates revisions to this rule, or in the
				event of are designation of an attainment or non-attainment area (in accordance
				with §107 of the CAA) prior to final disposition of a permit, the
				Secretary shall make final disposition of the permit application in accordance
				with such newly promulgated standards or re designation.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-19 - Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas › Section 45-19-19 - Requirements for Air Quality Models

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. All estimates of ambient concentrations
				required under this rule shall be based on the applicable air quality models,
				data bases, and other requirements specified in 40 CFR Part 51, Appendix W
				(Guideline on Air Quality Models).
19.2. Where an air quality impact model
				specified in 40 CFR Part 51, Appendix W (Guideline on Air Quality Models) is
				inappropriate, the model may be modified or another model substituted, provided
				that said modification or substitution is approved in writing by the
				Administrator.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-19 - Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas › Section 45-19-20 - Reserved

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-19 - Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas › Section 45-19-21 - Reserved

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-19 - Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas › Section 45-19-22 - Reserved

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-19 - Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas › Section 45-19-23 - Actuals PAL

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1.
				Applicability.
23.1.a. The Secretary may
				approve the use of an actuals PAL for any existing major stationary source,
				except as provided in subdivision 23. Lb, if the PAL meets the requirements in
				subsections 23.1 through 23.15. The term "PAL" shall mean "actuals PAL"
				throughout section 23.
23.1.b. The
				Secretary shall not allow an actuals PAL for VOC or NOx for any major
				stationary source located in an extreme ozone nonattainment area.
23.1.c. Any physical change in or change in
				the method of operation of a major stationary source that maintains its total
				source-wide emissions below the PAL level, meets the requirements in
				subsections 23.1 through 23.15, and complies with the PAL permit:
23.1.c.1. Is not a major modification for the
				PAL pollutant;
23.1.c.2. Does not
				have to be approved through the plan's nonattainment major NSR program;
				and
23.1.c.3. Is not subject to the
				provisions in subdivision 17.3.C (restrictions on relaxing enforceable emission
				limitations that the major stationary source used to avoid applicability of the
				nonattainment major NSR program).
23.1.d. Except as provided under paragraph
				23.1.e.3, a major stationary source shall continue to comply with all
				applicable Federal or State requirements, emission limitations, and work
				practice requirements that were established prior to the effective date of the
				PAL.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-19 - Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas › Section 45-19-24 - Conflict with Other Permitting Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. For sources required to obtain a permit
				under this rule, the provisions of 45CSR13 and 45CSR14 requiring a permit do
				not apply, so that only a single preconstruction permit is required; provided
				however, that:
24.1a. The base permit
				application fee of $1,000 pursuant to 45CSR22, subdivision 3.4.a shall apply to
				such sources in addition to other applicable fees; and
24.1b. Any permit issued under this rule
				includes conditions that ensure compliance with the provisions of 45CSR13 and
				45CSR19 to the extent applicable to any regulated NSR pollutant not otherwise
				covered under this rule.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-19 - Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas › Section 45-19-25 - Inconsistency Between Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1.
				In the event of any inconsistency between this rule and any other rule of the
				West Virginia Department of Environmental Protection, such inconsistency shall
				be resolved by the determination of the Secretary and such determination shall
				be based upon the application of the more stringent provision, term, condition,
				method or rule.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-20 - Good Engineering Practice as Applies To Stack Heights › Section 45-20-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule is promulgated to ensure that the degree of emission limitation required
				for the control of any air pollutant is not affected by that portion of any
				stack height which exceeds good engineering practice or by any other dispersion
				technique.
This rule adopts good engineering practice for stack heights
				  and prohibits dispersion techniques. In furtherance, this rule adopts, by
				  reference, the related US EPA Technical Support Documents as contained in the
				  Federal Register dated July 8, 1985, beginning on Page 27892.
1.2. Authority. -- W. Va. Code '22-5-1
				et seq.
1.3. Filing Date. -- June
				15, 1989.
1.4. Effective Date. --
				July 14, 1989.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-20 - Good Engineering Practice as Applies To Stack Heights › Section 45-20-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Stack" means
				any point in a source designed to emit solids, liquids, or gases into the air,
				including a pipe or duct but not including flares.
2.2. "Stack in Existence" means that the
				owner or operator had:
2.2.a. begun, or
				caused to begin, a continuous program of physical onsite construction of the
				stack; or
2.2.b. entered into
				binding agreements or contractual obligations, which could not be canceled or
				modified without substantial loss to the owner or operator, to undertake a
				program of construction of the stack to be completed in a reasonable
				time.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-20 - Good Engineering Practice as Applies To Stack Heights › Section 45-20-3 - Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The degree of
				emission limits required for control of any air pollutant subject to any rule
				of the Director shall not be affected in any manner by:
3.1.a. so much of the stack height of any
				source as exceeds good engineering practice; or
3.1.b. any other dispersion
				technique.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-20 - Good Engineering Practice as Applies To Stack Heights › Section 45-20-4 - Public Review Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In the
				event that an applicant for a construction, modification, or relocation permit
				shall make a demonstration of good engineering practice in accordance with
				subdivision 2.4.c. of this rule, the Director shall not issue a construction,
				modification, or relocation permit to such source with a good engineering
				practice stack height that exceeds the height allowed by paragraphs 2.4.b.1 and
				2.4.b.2 of this rule without first publishing notice of intent to issue such
				permit as a Class I legal notice in a newspaper of general circulation within
				the region in which the proposed construction, modification, or relocation
				would be located. Such legal notice shall contain, as a minimum, the name of
				the applicant, the type and location of the source, the proposed start-up date,
				and the expected impact from the source. The legal notice shall provide that
				the public shall have thirty (30) days within which to make comments to the
				Director.
4.2. The Director shall
				make available for public review a copy of the demonstration of good
				engineering practice in at least one (1) location in the region in which the
				proposed source, modification, or relocation shall be located.
4.3. The Director may provide opportunity for
				a public meeting at which interested persons may appear and submit written or
				oral comments regarding the demonstration of good engineering
				practice.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-20 - Good Engineering Practice as Applies To Stack Heights › Section 45-20-5 - Inconsistency Between Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. In
				the event of any inconsistency between this rule and any other rule of the
				Director, 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.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule establishes reasonably available control technology to control
				emissions of volatile organic compounds from sources that manufacture, mix,
				store, use, or apply materials containing volatile organic compounds that are
				located in Cabell, Kanawha, Putnam, Wayne and Wood Counties.
1.2. Authority. -- W. Va. Code §
									22-5-4.
1.3. Filing Date. -- May 2, 2024.
1.4. Effective Date. -- June 1,
				2024.
1.5. Sunset provision. --
				Does not apply.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All new
				and modified sources shall meet any applicable State or Federal rules for
				existing sources.
3.2. Nothing in
				this regulation shall be construed to exempt new and modified sources from
				meeting any other applicable State or Federal rules, including new source
				review requirements.
3.3. This
				regulation does not apply to any equipment at a facility used exclusively for
				chemical or physical analysis or determination of product quality and
				commercial acceptance provided the operation of the equipment is not an
				integral part of the production process and the total actual VOC emissions from
				all such equipment at the facility do not exceed 204 kilograms (kg) (450 pounds
				[lb]) in any calendar month.
3.4.
				Applicability thresholds.
3.4.1. Any facility
				that becomes subject to the provisions of this regulation by exceeding an
				applicability threshold shall remain subject to these provisions, even if its
				throughput or emissions later fall below the applicability threshold, except as
				provided in subsection 3.7.
3.4.2.
				Any facility that is currently subject to a State or Federal rule imposing
				control requirements for VOCs promulgated pursuant to the Clean Air Act
				Amendments of 1977 by exceeding an applicability threshold is and will remain
				subject to these provisions, even if its throughput or emissions have fallen or
				later fall below the applicability threshold, except as provided in subsection
				3.7.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-5 - Compliance Certification, Recordkeeping, and Reporting Requirements for Non-Coating Sources

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Initial
				compliance certification. -- The owner or operator of any facility containing
				sources that become subject to this section 5. after May 31, 1993 shall submit
				an initial compliance certification to the Secretary immediately upon start-up
				of the facility.
5.1.1. The initial compliance
				certification shall provide as a minimum the following information:
5.1.1.a. The name and location of the
				facility;
5.1.1.b. The address and
				telephone number of the person responsible for the facility; and
5.1.1.c. Identification of subject
				sources.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-6 - Requirements for Sources Complying by Use of Control Devices

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Any owner
				or operator of a coating line or operation subject to this section 6. shall
				ensure that:
6.1.1. A capture system and
				control device are operated at all times that the line is in operation, and the
				owner or operator demonstrates compliance with this section through the
				applicable coating analysis and capture system and control device efficiency
				test methods specified in sections 42. and 44.; and
6.1.2. The control device is equipped with
				the applicable monitoring equipment specified in subsection 44.2., and the
				monitoring equipment is installed, calibrated, operated, and maintained
				according to the vendor's specifications at all times the control device is in
				use.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-7 - Circumvention

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. No owner
				or operator subject to this regulation shall build, erect, install, or use any
				article, machine, equipment, process, or other method the use of which conceals
				emissions that would otherwise constitute non-compliance with an applicable
				regulation.
7.2. Subsection 7.1.
				includes, but is not limited to, the use of gaseous diluents to achieve
				compliance, and the piecemeal carrying out of an operation to avoid coverage by
				a regulation that applies only to operations larger than a specified
				size.
7.3. No owner or operator
				subject to this regulation shall discharge or dispose of VOCs or material
				containing VOCs to surface impoundments, pits, wastewater treatment facilities,
				or sewers for the purpose of circumventing any provision or requirement of this
				regulation.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-8 - Handling, Storage, and Disposal of Volatile Organic Compounds (VOCs)

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. No owner
				or operator of a facility subject to the requirements of sections 11. through
				20. and section 34. shall cause, allow, or permit the disposal of any volatile
				organic compound (VOC), or of any materials containing any VOC, at that
				facility in any 1 day in a manner that would permit the evaporation of more
				than 6.8 kilograms (kg) (15 pounds [lb]) of VOC into the ambient air. This
				provision does not apply to coating sources that are specifically exempt from
				the emission limitations of sections 11. through 20. and section 34.
8.2. No owner or operator of a facility
				subject to this section 8. shall use open containers for the storage or
				disposal of cloth or paper impregnated with VOCs that are used for surface
				preparation, cleanup, or coating removal.
8.3. No owner or operator of a facility
				subject to this section 8. shall store in open containers spent or fresh VOC to
				be used for surface preparation, cleanup or coating removal.
8.4. No owner or operator of a facility
				subject to this section 8. shall use VOCs for the cleanup of spray equipment
				unless equipment is used to collect the cleaning compounds and to minimize
				their evaporation to the atmosphere.