West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-32 - Serious And Minor Violations Of Applicable Rules › Section 45-32-3 - Serious Violation

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Serious violation means:
3.1.a. Any failure or
				refusal to comply with any final order of the Director issued as provided in
				the Act;
3.1.b. Any violation
				specifically designated as a serious violation in any rule of the
				Director;
3.1.c. Any violation of
				any National Emission Standard for Hazardous Air Pollutants (NESHAP) emission,
				monitoring, or substantial procedural requirements for existing NESHAP
				standards, Best Available Technology (BAT) provisions under 45CSR27 and
				promulgated Maximum Achievable Control Technology (MACT)
				requirements;
3.1.d. Any State
				Implementation Plan (SIP), New Source Performance Standard (NSPS), or NESHAP
				procedural or monitoring requirements violated repeatedly or chronically
				including but not limited to failure to test, failure to report, or failure to
				obtain continuous monitoring data for five percent (5%) or more of the time in
				a calendar quarter;
3.1.e. Any
				substantive violation of a judicial order;
3.1.f. Construction and/or operation of a
				facility without obtaining any necessary construction and/or operating
				permit(s) required by rules promulgated under the Act;
3.1.g. Avoidance of Prevention of Significant
				Deterioration (PSD) review while violating an emission limit or permit
				condition which effects PSD status;
3.1.h. Exceedance of a permitted emission
				standard above the amount that would classify the source as a nonattainment
				area major source;
3.1.i. Any
				reckless, grossly negligent or willful violation of the Act;
3.1.j. Any violation that causes significant
				harm to humans, animals or plant life;
3.1.k. Any violation of an emissions
				limitation when the amount of such excess emission is significant as defined
				under any rule promulgated by the Director;
3.1.l. Any violation that the Director
				determines is serious after evaluating the violator's culpability and the
				gravity of such violation as follows:
l.1.
				Gravity. The Director shall consider and evaluate, where pertinent, and
				including, but not limited to, the following factors in determining the gravity
				of a violation:
1.A. Involvement of
				significant actual or potential harm to the environment or the public health;
1.B. Involvement of toxic or
				hazardous substances or potential long term effect of the violation;
1.C. The degree to which any emission
				limitation or ambient standard is exceeded;
1.D. The duration of the violation;
1.E. Program priorities, size of
				facility, or other pertinent factors;
1.F. Causes a violation of a national ambient
				air quality standard or a program, plan or an applicable requirement; and
l.G. The degree of willfulness of
				the violation, defiance, or indifference to the applicable
				requirement.
l.2.
				Culpability. The Director shall consider and evaluate, where pertinent, and
				include the following factors in determining the culpability of a violator:
2.A. The degree of intent or negligence;
2.B. Whether the case involves
				false reporting of required information or tampering with monitoring devices;
				and
2.C. Whether the violator has
				taken remedial measures or mitigated the harm caused by the violation.
l.3. Either the gravity
				of the violation or the culpability of the violator is sufficient to allow the
				Director to determine that a violation is serious. Any one factor under either
				the gravity or culpability factors may be sufficient to allow the Director to
				determine that the violation is serious.