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 45-10 - To Prevent And Control Air Pollution from the Emission Of Sulfur Oxides › Section 45-10-8 - Testing, Monitoring, Recordkeeping and Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Testing.
8.1.1. At such reasonable times as the
				Secretary may designate, the owner or operator of any fuel burning unit(s),
				manufacturing process source(s) or combustion source(s) may be required to
				conduct or have conducted tests to determine the compliance of such source(s)
				with the emission limitations of sections 3, 4 or 5. Such tests shall be
				conducted in accordance with the appropriate test method set forth in 40 CFR
				Part 60, Appendix A, Method 6, Method 15 and 45CSR16 or other equivalent EPA
				testing method approved by the Secretary. The Secretary may at his or her
				option witness or conduct such tests. Should the Secretary exercise his or her
				option to conduct such tests, the operator will provide all necessary sampling
				connections and sampling ports to be located in such manner as the 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.
8.1.2. The
				Secretary may conduct such other tests as he or she may deem necessary to
				evaluate air pollution emissions other than those noted in section 3.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-10 - To Prevent And Control Air Pollution from the Emission Of Sulfur Oxides › Section 45-10-9 - Alternative Emission Limitations

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Reserved.
9.2. Any owner or
				operator that cannot comply with the emission limitations established in
				sections 3 through 5 during periods of startup or shutdown shall request an
				alternative emission limitation pursuant to 45CSR1.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-10 - To Prevent And Control Air Pollution from the Emission Of Sulfur Oxides › Section 45-10-10 - Exemptions and Recommendations

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any fuel
				burning units having a design heat input under 10 million BTU's per hour will
				be exempt from section 3 and sections 6 through 8. However, failure to attain
				acceptable air quality in parts of some urban areas may require the mandatory
				control of these sources at a later date.
10.2. In an effort to avoid the necessity for
				such mandatory controls the Secretary strongly recommends that specific fuel
				quality objectives be met. In Priority I and Priority II regions and in cities
				in Priority III regions with a population of more than 10,000 (based on the
				latest census) the Secretary recommends that no person use or provide for sale
				fuel having a sulfur content greater than that listed in the following table
				(at the end of this rule) Table 45-10B for use in residential and other fuel
				burning units not otherwise restricted by this rule.
10.3. The owner or operator of a fuel burning
				unit(s) which combusts natural gas, wood or distillate oil, alone or in
				combination, shall be exempt from the requirements of section 8. Manufacturing
				operations in which the process is to partially combust wood during the
				manufacture of charcoal shall be exempt from the requirements of section
				8.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-10 - To Prevent And Control Air Pollution from the Emission Of Sulfur Oxides › Section 45-10-11 - Circumvention

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. No owner
				or operator subject to the provisions of this rule shall build, erect, install,
				modify or use any article, machine, equipment or process, the use of which
				purposely conceals an emission which would otherwise constitute a violation of
				an applicable standard. Such concealment includes, but is not limited to, the
				use of gaseous diluents to achieve compliance with a standard which is based on
				the concentration of a pollutant in the gases discharged to the
				atmosphere.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-10 - To Prevent And Control Air Pollution from the Emission Of Sulfur Oxides › Section 45-10-12 - Inconsistency Between Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. In the event
				of any inconsistency between this rule and any other rule of the Division of
				Air Quality, 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 45-10 - To Prevent And Control Air Pollution from the Emission Of Sulfur Oxides › Section 45-10-13 - Disposition of Rule; Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. In the event
				the U.S. EPA's June 12, 2015 "State Implementation Plans: Response to Petition
				for Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to SIPs;
				Finding of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying
				to Excess Emissions During Periods of Startup, Shutdown and Malfunction," at 80
				Fed. Reg. 33840 (2015 SSM SIP Call) is withdrawn by the U.S. EPA, is
				invalidated by a court of competent jurisdiction, and/or is invalidated by an
				act of the West Virginia Legislature or United States Congress, the Secretary
				may terminate any permit or section of an existing permit issued pursuant to
				this rule.
13.2. In the event the
				U.S. EPA's April 17, 2023 "Air Plan Disapproval; West Virginia; Revision to the
				West Virginia State Implementation Plan To Add the Startup, Shutdown,
				Maintenance Rule 45CSR1-Alternative Emission Limitations During Startup,
				Shutdown, and Maintenance Operations," at 88 Fed. Reg. 23356 (45CSR1 2023
				Disapproval) is withdrawn by the U.S. EPA, is invalidated by a court of
				competent jurisdiction, and/or is invalidated by an act of the West Virginia
				Legislature or United States Congress, the Secretary may terminate any permit
				or section of an existing permit issued pursuant to this rule.
13.3. In the event the U.S. EPA's April 17,
				2023 "West Virginia; Finding of Failure To Submit State Implementation Plan
				Revision in Response to the 2015 Findings of Substantial Inadequacy and SIP
				Calls To Amend Provisions Applying to Excess Emissions During Periods of
				Startup, Shutdown, and Malfunction," at 88 Fed. Reg. 23353 (2023 FFS) is
				withdrawn by the U.S. EPA, is invalidated by a court of competent jurisdiction,
				and/or is invalidated by an act of the West Virginia Legislature or United
				States Congress, the Secretary may terminate any permit or section of an
				existing permit issued pursuant to this rule.
13.4. In the event the 2015 SSM SIP Call,
				45CSR1 2023 Disapproval, and/or the 2023 FFS is withdrawn by the U.S. EPA, is
				invalidated by a court of competent jurisdiction, and/or is invalidated by an
				act of the West Virginia Legislature or United States Congress, the Secretary
				may sever requirements §45-10-9.2 and revert to the August 31, 2000
				requirements found at §45-10-9.1.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-10 - To Prevent And Control Air Pollution from the Emission Of Sulfur Oxides › Table 45-10A

Current through Register Vol. XLI, No. 28, July 12, 2024
Priority
							 Classification
Federal Air Quality Control
							 Region
Included West Virginia
							 Counties
I
Region I, Steubenville-Weirton-Wheeling Interstate
							 Air Quality Control Region (Ohio - West Virginia)
Brooke
Hancock
Marshall
Ohio
Region VII, Cumberland-Keyser Interstate Air Quality
							 Control Region (West Virginia - Maryland)
Grant (Union district only) Mineral (Elk, New Creek,
							 and Piedmont Districts)
II
Region II, Parkersburg-Marietta Interstate Air
							 Quality Control Region (West Virginia-Ohio)
Jackson
Pleasants
Tyler
Wetzel
Wood
III
All other regions
All other counties or districts not listed
							 above
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-10 - To Prevent And Control Air Pollution from the Emission Of Sulfur Oxides › Table 45-10B

Current through Register Vol. XLI, No. 28, July 12, 2024
Effective Date
Percent Sulfur Content of
							 Fuels
Coal
Oil
June 30, 1978
1.0
0.5
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-10A - Testing, Monitoring, Recordkeeping, And Reporting, Requirements Under 45CSR10 › Section 45-10A-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Series 10A provides guidance and clarification for complying with the testing,
				monitoring, recordkeeping and reporting requirements of 45CSR10, "To Prevent
				and Control Air Pollution from the Emission of Sulfur Oxides." This rule is an
				interpretive rule, not a legislative rule, as those terms are defined under W.
				Va. Code §
									29A-1-2.
1.2. Authority. -- W. Va. Code §
									22-5-1
				et seq. and WV 45CSR10.
1.3. Filing
				Date. -- December 26, 2001.
1.4.
				Effective Date. -- January 25, 2002.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-10A - Testing, Monitoring, Recordkeeping, And Reporting, Requirements Under 45CSR10 › Section 45-10A-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "ASTM
				Approved" means test methods and procedures approved and published by the
				American Society for Testing and Materials.
2.2. "Combustion Source" means a source(s)
				subject to the standards set forth in section 5 of 45CSR10.
2.3. "Continuous Emission Monitoring System"
				or "CEMS" means all equipment required for the determination of gas
				concentration or emission rate, installed, calibrated, operated and maintained
				as specified in 40 CFR Part 75, or 40 CFR Part 60, Appendix B, Performance
				Specification 2 or Performance Specification 7 and 40 CFR Part 60, Appendix
				F.
2.4. "Excursion" means:
(1) measured emissions exceeding the
				applicable standards set forth in sections 3, 4, and 5 of 45CSR10; or
(2) operating parameters outside
				the range set forth in an approved monitoring plan, which may or may not result
				in measured emissions exceeding the applicable standards set forth in sections
				3, 4, and 5 of 45CSR10.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-10A - Testing, Monitoring, Recordkeeping, And Reporting, Requirements Under 45CSR10 › Section 45-10A-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. This rule
				applies to any fuel burning unit(s), manufacturing process source(s) or
				combustion source(s) subject to 45CSR10, except as follows:
3.1.a. Fuel burning unit(s) with a design
				heat input (DHI) of less than 10 million BTUs per hour (mmBTU/hr);
3.1.b. Fuel burning unit(s) which combust
				natural gas, wood or distillate oil, alone or in combination;
3.1.c. Manufacturing process source
				operation(s) which have the potential to emit less than 500 pounds per year of
				sulfur oxides; or
3.1.d.
				Manufacturing operations in which the process is to partially combust wood
				during the manufacture of charcoal.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-10A - Testing, Monitoring, Recordkeeping, And Reporting, Requirements Under 45CSR10 › Section 45-10A-4 - Fuel Burning Unit(s) - Registration of Allowable Emission Rates for Individual Stacks

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In
				accordance with subdivision 3.4.a of 45CSR10, the owner or operator of each
				fuel burning unit(s) shall register an allowable emission rate for each
				individual stack, in pounds per hour, determined as provided in Appendix B,
				except where:
4.1.a. The owner or operator of
				a fuel burning unit utilizes CEMS or daily ASTM method sampling and analysis to
				demonstrate compliance with the plant-wide emission limit and the provisions of
				subdivision 3.4.a of 45CSR10; or
4.1.b. The Secretary has approved a petition
				for an alternative individual stack allowable emission rate, filed by the owner
				or operator in accordance with subdivision 3.4.b of 45CSR10.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-10A - Testing, Monitoring, Recordkeeping, And Reporting, Requirements Under 45CSR10 › Section 45-10A-5 - Testing Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Fuel Burning Unit(s).
5.1.a. The owner or
				operator shall conduct or have conducted, weight emission tests to determine
				the compliance of each fuel burning unit with the weight emission standards set
				forth in section 3 of 45CSR10 at a frequency established in the following
				table. Weight emission tests shall be conducted in accordance with 40 CFR Part
				60, Appendix A, Method 6 or other equivalent EPA testing method approved by the
				Secretary. If weight emission testing is required, the initial weight emission
				test shall be conducted within a time period starting March 15, 2000, and
				ending March 15, 2002, for existing units and within one hundred eighty (180)
				days of start-up for new unit(s).
Percent of Factor
Testing Frequency
#50% of Factor
No stack testing required
Between 50% and 90% of Factor
Once every 5 years
$90% of Factor
Once every year
5.1.b. The owner or operator of a fuel
				burning unit(s), with a DHI greater than or equal to 10 mmBTU/hr but less than
				100 mmBTU/hr, may petition the Secretary for an alternative to weight emission
				testing.
5.1.c. The owner or
				operator of a fuel burning unit may petition for alternatives to the testing
				requirements of subsection 5.1 for units that are infrequently used or for
				infrequently used fuels.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-10A - Testing, Monitoring, Recordkeeping, And Reporting, Requirements Under 45CSR10 › Section 45-10A-6 - Monitoring Plan Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Fuel Burning Unit(s).
6.1.a. The owner or operator of a fuel
				burning unit(s) shall submit, to the Secretary for approval, a monitoring plan
				for each fuel burning unit(s) that describes the method the owner or operator
				will use to monitor compliance with the weight emission standard set forth in
				section 3 of 45CSR10. The owner or operator of a fuel burning unit(s) may use
				CEMS, which shall be deemed to satisfy all of the requirements of an approved
				monitoring plan, or a monitoring plan as specified in subsection 6.4, in
				accordance with the provisions of this section.
6.1.b. The owner or operator of a type 'a'
				fuel burning unit(s) shall use a CEMS to satisfy the requirements of an
				approved monitoring plan.
6.1.b.1. CEMS
				conforming to the specifications of 40 CFR Part 75 shall use unbiased,
				unsubstituted data to demonstrate compliance with the provisions of
				45CSR10.
6.1.c. The
				owner or operator of a type 'b' or type 'c' fuel burning unit(s) which burns
				fuel with a sulfur content that equates to 90% or greater of the factor shall:
6.1.c.1. Use a CEMS to satisfy the
				requirements of an approved monitoring plan; or
6.1.c.2. Conduct daily "as burned" fuel
				analysis in accordance with applicable ASTM procedures and test
				methods.
6.1.d. CEMS, if
				required, shall be installed, operational and certified within twelve (12)
				months of the date of monitoring plan approval or within twelve (12) months of
				triggering the 90% threshold, whichever is later.
6.1.e. CEMS shall be used to satisfy the
				requirements of an approved monitoring plan if any other rule, permit or order
				requires the use of CEMS for the fuel burning unit(s). If not yet installed,
				the CEMS shall be installed by the date required in the other rule, permit or
				order.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-10A - Testing, Monitoring, Recordkeeping, And Reporting, Requirements Under 45CSR10 › Section 45-10A-7 - Recordkeeping and Reporting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Recordkeeping.
7.1.a. Fuel Burning Units. -- The owner or
				operator of a fuel burning unit(s) shall maintain records of the operating
				schedule and the quality and quantity of fuel burned in each unit. Such records
				shall include, but not be limited to, the date and time of start-up and
				shutdown, the quantity of fuel consumed on a daily basis, and a periodic fuel
				quality analysis as set forth in the following table:
Fuel Quality
Frequency of Analysis
$90% of Factor
Daily
90% of Factor
per shipment
1. The owner or
				  operator shall provide in the monitoring plan a quality control and quality
				  assurance program for the fuel analysis. If a certified independent lab is used
				  to provide the fuel analysis, the quality control and assurance program is
				  deemed to be satisfactory.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-10A - Testing, Monitoring, Recordkeeping, And Reporting, Requirements Under 45CSR10 › Appendix A - CEMS Summary Report

Current through Register Vol. XLI, No. 28, July 12, 2024
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West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-11 - Prevention Of Air Pollution Emergency Episodes › Section 45-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. It is the
				intent of the Director to provide a mechanism to prevent the buildup of air
				pollutant concentrations during periods of adverse meteorological conditions in
				which air pollutants may accumulate, thereby preventing the occurrence of an
				emergency due to the effects of these pollutants on health. To achieve this
				purpose, three (3) stages of criteria (pollutant concentration levels) have
				been established and specific emission reduction plans will be developed which
				will be initiated at each criteria stage to prevent further deterioration of
				the air supply to any air quality region or substantial portion
				thereof.
1.2. Authority. -- W. Va.
				Code '22-5-1
				et seq.
1.3. Filing Date. -- April
				25, 1990.
1.4. Effective Date. --
				April 25, 1990.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-11 - Prevention Of Air Pollution Emergency Episodes › Section 45-11-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Air Pollution
				Episode" means the occurrence of adverse meteorological conditions during which
				air pollutants accumulate, so that the pollutant is exposed to an elevated
				concentration of airborne contaminants.
2.2. [RESERVED]
2.3. "Director" means the Director of the
				Division of Environmental Protection.
2.4. "Particulate Matter" means any material,
				except uncombined water, that exists in a finely divided form as a liquid or
				solid.
2.5.
				"PM10" means particulate matter with an aerodynamic
				diameter less than or equal to a nominal 10 micrometers.
2.6. "Standard Conditions" means, for the
				purposes of this rule, a temperature of 25"C and a pressure of 760 millimeters
				of mercury column.
2.7. "Region"
				means a Federal Air Quality Control Region designated by the Administrator of
				the Environmental Protection Agency.
2.8. "Person" means any and all persons,
				natural or artificial, including any municipal, 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.
2.9. "Priority" means the numerical
				classification assigned to each Air Quality Control Region by the Environmental
				Protection Agency as follows: (Pollutant Table found at end of this
				rule.)
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-11 - Prevention Of Air Pollution Emergency Episodes › Section 45-11-4 - Methods of Measurement

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				PM10 concentrations shall be measured in the ambient air
				as particulate matter with an aerodynamic diameter less than or equal to 10
				micrometers by:
4.1.a. Reference method based
				on Appendix J of 40 CFR 50, or
4.1.b. An equivalent method designated in
				accordance with 40 CFR 53.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-11 - Prevention Of Air Pollution Emergency Episodes › Section 45-11-5 - Preplanned Reduction Strategies

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any person responsible for the operation
				of a stationary source of air pollutants emitting 100 tons (90.7 metric tons)
				per year or more in a region classified Priority I or II for any pollutant,
				shall prepare standby plans for reducing the emission of air pollutants during
				periods of an Air Pollution Alert, Air Pollution Warning, and Air Pollution
				Emergency. Standby plans shall be designed to reduce or eliminate emission or
				air pollutants in accordance with the objectives set forth in Tables I, II, and
				III of this rule.
5.2. Any person
				responsible for the operation of a source of air pollutants not set forth under
				Section 5.1. of this rule shall, when requested by the Director, prepare
				standby plans for reducing the emissions of air pollutants in accordance with
				the objectives set forth in Table I, II, and III of this rule.
5.3. Standby plans as required under Sections
				5.1. and 5.2. shall be in writing and shall include, but not be limited to,
				identification of the sources of air pollutants, the approximate amount of
				reduction of pollutants, and a brief description of the manner in which the
				reduction will be achieved during an Air Pollution Alert, Air Pollution
				Warning, and Air Pollution Emergency. Such information shall be filed on forms
				and in a manner acceptable to the Director.
5.4. During a condition of Air Pollution
				Alert, Air Pollution Warning, or Air Pollution Emergency, standby plans as
				required by this section shall also be made available on the premises to the
				Director or his duly authorized representative.
5.5. Standby plans as required by this
				section shall be submitted to the Director upon request within sixty (60) days
				of the receipt of such request. All standby plans shall be subject to review
				and approval by the Director. If, in the opinion of the Director, a standby
				plan does not effectively carry out the objectives as set forth in Tables I,
				II, and III of this rule, the Director may disapprove it, state its reason for
				disapproval, and order the preparation of an amended standby plan within the
				time period specified in the order.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-11 - Prevention Of Air Pollution Emergency Episodes › Section 45-11-6 - Emission Reduction Plans

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Air Pollution Forecast. When the National Weather Service issues a public
				announcement that an Atmospheric Stagnation Advisory is in effect or the
				equivalent local forecast of stagnant atmospheric conditions is issued by the
				Director, no open burning shall be conducted.
6.2. Air Pollution Alert. When an Air
				Pollution Alert is declared in the manner provided in Section 3.1.b. of this
				rule, any person responsible for the operation of a source, who is required
				under Section 5 of this rule to have standby plans, shall put into effect the
				preplanned abatement strategy for an Air Pollution Alert when notified by the
				Director or his duly authorized representative. All other persons responsible
				for the operation of sources of air pollution shall take actions as required in
				Table I of this rule.
6.3. Air
				Pollution Warning. When an Air Pollution Warning is declared in the manner
				provided in Section 3.1.c. of this rule, any person responsible for the
				operation of a source, who is required under Section 5 of this rule to have
				standby plans, shall put into effect the preplanned abatement strategy for an
				Air Pollution Warning when notified by the Director or his duly authorized
				representatives. All other persons responsible for the operation of sources of
				air pollutants shall take actions as required in Table II of this
				rule.
6.4. Air Pollution Emergency.
				When an Air Pollution Emergency is declared in the manner provided in Section
				3.1.d. of this rule, any person responsible for the operation of a source, who
				is required under Section 5 of this rule to have standby plans, shall put into
				effect the preplanned abatement strategy for an Air Pollution Emergency when
				notified by the Director or his duly authorized representative of such
				emergency. All other persons responsible for the operation of sources of air
				pollutants shall take actions as required in Table III of this rule.
6.5. When the Director determines that a
				specified criteria level has been reached at one or more monitoring sites
				solely because of emissions from a limited number of sources, the Director
				shall notify such source(s) that the preplanned abatement strategies of Tables
				I, II, and III of this rule or the standby plans are required, insofar as it
				applies to such source(s), and shall be put into effect until the criteria of
				the specified level are no longer met. (Tables I, II, and III can be found at
				the end of this rule.)
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-11 - Prevention Of Air Pollution Emergency Episodes › Section 45-11-7 - Air Pollution Emergencies; Contents of Order; Hearings; Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. As provided in
				W.Va. Code '22-5-8, if
				the Director, with the written approval of the Governor, enters an order
				declaring an Air Pollution Emergency, as provided in Section 3.1.d. of this
				rule hereof, it shall, in such order, direct what action shall be taken by the
				Director to bring about the reduction or prevention of emissions substantially
				contributing to said Emergency. In such order the Director shall also fix a
				time (which shall be not later than twenty-four (24) hours from the time of
				entry of such order) and place for a hearing to be held by the Director for the
				purpose of investigating and determining the factors bearing upon the existence
				of and contribution to the alleged Emergency.
7.2. A true copy of any such order shall be
				served upon all persons whose interest are directly prejudiced by such order in
				the same manner as a summons in a civil action may be served, and a true copy
				shall also be posted on the front door of the courthouse of the county in which
				the alleged emergency conditions originated. All persons whose interests are
				prejudiced or affected in any manner by any such order shall have the right to
				appear in person or by counsel at such hearing and to present relevant
				evidence. Within twenty-four (24) hours after the completion of the hearing,
				the Director shall affirm, modify or set aside said order in accordance and
				consistent with the evidence adduced at such hearing.
7.3. Any person aggrieved by any such final
				action of the Director may thereafter exercise the rights of judicial review
				and appeal which are set forth in the statute hereinabove cited.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-11 - Prevention Of Air Pollution Emergency Episodes › Section 45-11-8 - Inconsistency Between Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. In
				the event of any inconsistency between this rule and any other rule of the
				Director, the resolution of 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.
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West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-13 - Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Admin. Updates, Temporary Permits, General Permits, Permission to Commence Contruction and Procedures for Evaluation › Section 45-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				purpose of this rule is to set forth the procedures for stationary source
				reporting, and the criteria for obtaining a permit to construct and operate a
				new stationary source which is not a major stationary source, to modify a
				non-major stationary source, to make modifications which are not major
				modifications to an existing major stationary source, to relocate non-major
				stationary sources within the state of West Virginia, and to set forth
				procedures to allow facilities to commence construction in advance of permit
				issuance. Such construction, modification, relocation, and operation without a
				required permit is a violation of this rule. This rule also establishes the
				requirements for obtaining an administrative update to an existing permit, a
				temporary permit or a general permit registration, and for filing notifications
				and maintaining records of changes not otherwise subject to the permit
				requirements of this rule. This rule does not apply to nonroad engines, nonroad
				vehicles, motor vehicles, or other emission sources regulated under Subchapter
				II of the federal Clean Air Act; however, the Secretary may regulate such
				sources pursuant to another rule promulgated for that purpose.
1.2. Authority. -- W. Va. Code
				§
§
22-5-11 and 11a.
1.3. Filing Date. -- May 15, 2017.
1.4. Effective Date. -- June 1,
				2017.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-13 - Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Admin. Updates, Temporary Permits, General Permits, Permission to Commence Contruction and Procedures for Evaluation › Section 45-13-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Actual
				emissions" means the actual rate of emissions of a pollutant from an emissions
				unit, as described below:
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 two
				(2)-year 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 or permitted emissions for the unit are equivalent to
				the actual emissions of the unit.
2.1.c. For any emissions unit which has not
				begun normal operations on the particular date, actual emissions shall equal
				the potential to emit of the unit on that date or the actual emissions of an
				existing source with similar operations and production levels at the
				Secretary's discretion.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-13 - Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Admin. Updates, Temporary Permits, General Permits, Permission to Commence Contruction and Procedures for Evaluation › Section 45-13-3 - Reporting Requirements for Stationary Sources

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The owner or operator of a stationary
				source may be required by the Secretary to collect, report and maintain data on
				the operation of such stationary source. The Secretary may request reports of
				such data in a reasonable manner and detail as the Secretary may specify. If
				requested, such reports shall be filed within thirty (30) days of the end of
				the established reporting period. However, reports on such data shall not
				exceed one (1) per month.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-13 - Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Admin. Updates, Temporary Permits, General Permits, Permission to Commence Contruction and Procedures for Evaluation › Section 45-13-6 - Determination of Compliance of Stationary Sources

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. At the time a stationary source is
				alleged to be in compliance with an applicable emission standard and at
				reasonable times to be determined by the Secretary thereafter, appropriate
				tests consisting of visual determinations or conventional in-stack measurements
				or other tests the Secretary may specify shall be conducted to determine
				compliance.
6.2. For cause, the
				Secretary may request the owner or operator of a stationary source to install
				stack gas monitoring devices the Secretary deems necessary to determine
				continuing compliance. The data from such devices shall be readily available
				for review at the source location or other reasonable location that the
				Secretary may specify. At the request of the Secretary, the data shall be made
				available for inspection or copying, and the Secretary may require periodic
				submission of excess emission reports.
6.3. If, after completion of a stack test
				required by the Secretary, a source fails to prove compliance with permit
				conditions, W. Va. Code §
									22-5-1,
				et seq., or any rules promulgated thereunder, the source shall immediately take
				steps approvable by the Secretary which shall assure compliance. These steps
				may include a reduction in throughput capacity or additional and enhanced
				control devices.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-13 - Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Admin. Updates, Temporary Permits, General Permits, Permission to Commence Contruction and Procedures for Evaluation › Section 45-13-7 - Modeling

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any source
				required to obtain a permit pursuant to this rule may be required to conduct
				modeling to assist the Secretary in determining whether the proposed
				construction, modification, relocation and operation will interfere with
				attainment or maintenance of an applicable ambient air quality standard, cause
				or contribute to a violation of an applicable air quality increment or be
				inconsistent with the intent and purpose of this rule or W. Va. Code §
									22-5-1,
				et seq. Any modeling required under this subsection shall be conducted in
				accordance with 40CFR Part 51, Appendix W, or an alternative modeling protocol
				approved by the Secretary.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-13 - Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Admin. Updates, Temporary Permits, General Permits, Permission to Commence Contruction and Procedures for Evaluation › Section 45-13-9 - Public Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A
				public meeting(s) to provide information and receive comments on permit
				applications may 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 stationary source.
9.2. The Secretary shall preside over such
				meeting and assure that all interested parties have ample opportunity to
				present comments. Such meeting shall be held at a convenient place as near as
				practicable to the location or proposed location of the stationary
				source.
9.3. At a reasonable time
				prior to such meeting, the Secretary shall provide appropriate information to
				news media in the area where the stationary source or proposed stationary
				source is located or to be located or otherwise provide notice of the
				meeting.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-13 - Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Admin. Updates, Temporary Permits, General Permits, Permission to Commence Contruction and Procedures for Evaluation › Section 45-13-11 - Temporary Construction or Modification Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Upon written request by an owner or
				operator of a source, the Secretary may allow the owner or operator to make
				limited changes for experimental, testing, commercial development and other
				temporary purposes for limited periods of time without applying for a
				construction permit or permit modification otherwise required under the
				provisions of this rule for such activity. If granted, the temporary permit
				shall indicate the nature of the activity being approved, the time period for
				which the approval is being granted, and any conditions to be imposed on the
				approved activity.
11.2. To permit
				experimental, testing, commercial development and other temporary purposes, the
				Secretary may issue temporary permits for periods up to six (6) months (which
				may be extended in writing for up to twelve (12) additional months at the
				Secretary's discretion) upon the submission of a written application for such
				extension to the Secretary by the owner or operator. The Secretary may impose
				any reasonable conditions as part of a temporary permit which may include, but
				not be limited to, the submission of periodic progress or operation reports,
				the provision of suitable sampling sites for tests, emissions testing by the
				permittee, and the installation, operation, and maintenance of air pollutant
				monitoring devices.
11.2.a. The Secretary
				shall maintain for public review a permit application list of all pending
				applications for temporary permits containing, at a minimum, the name of the
				applicant, the type and location of the source, and the proposed start-up date
				for the stationary source. At the same time that an application for a temporary
				permit is filed with the Secretary, the applicant shall also place a Class I
				legal advertisement in a newspaper of general circulation where the source is
				or will be located. The advertisement shall contain the information required
				under subsection 8.3. No temporary permit may be issued by the Secretary until
				a thirty (30) day comment period is provided. During this time, the Secretary
				will receive and evaluate written comments relating to the
				application.
11.2.b. The Secretary
				may suspend or revoke any temporary permit upon 24-hour notice to the permittee
				if the Secretary determines that suspension or revocation is appropriate to
				protect human health or the environment. Notice may be given verbally, but
				shall be confirmed in writing by the Secretary immediately
				thereafter.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-13 - Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Admin. Updates, Temporary Permits, General Permits, Permission to Commence Contruction and Procedures for Evaluation › Section 45-13-12 - Permit Application Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Applications for permits required under
				sections 5 and 11 shall be subject to the fee provisions of section 3 of
				45CSR22, provided that Class I general permit registrations shall be subject to
				a $250 application fee and Class II general permit registrations shall be
				subject to a $500 application fee, in lieu of the $1000 fee required under
				subdivision 3.4.a of 45CSR22. However, a source applying for a Class I general
				permit which qualifies as a small business under section 507(c) of the federal
				Clean Air Act shall not be subject to any application fees. The provisions of
				subdivision 3.4.b of 45CSR22 relating to additional fees shall not be
				applicable to sources applying for Class I general permits, but shall be
				applicable to sources applying for Class II general permits. Applications for
				permits under section 4 of this rule shall be subject to the fee provisions of
				that section.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-13 - Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Admin. Updates, Temporary Permits, General Permits, Permission to Commence Contruction and Procedures for Evaluation › Section 45-13-13 - Inconsistency Between Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				In the event of any inconsistency between this rule and any other rule of the
				Division of Air Quality, 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 45-13 - Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Admin. Updates, Temporary Permits, General Permits, Permission to Commence Contruction and Procedures for Evaluation › Section 45-13-14 - Statutory Air Pollution

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Upon
				a determination by the Secretary that a source should be made subject to the
				permitting requirement of this rule to prevent a statutory air pollution, the
				Secretary shall require the owner or operator of the source to apply for and
				obtain a permit pursuant to the provisions of this rule. The Secretary may
				require a permit for any source that would not otherwise be subject to this
				rule or with respect to any source that is subject to this rule with respect to
				emissions or potential emissions other than those emissions upon which the
				Secretary's finding is based. In issuing any permit condition required by this
				section, the Secretary may impose any reasonable condition necessary to prevent
				a statutory air pollution.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-13 - Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Admin. Updates, Temporary Permits, General Permits, Permission to Commence Contruction and Procedures for Evaluation › Section 45-13-15 - Hazardous Air Pollutants

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. For
				purposes of establishing an inventory of hazardous air pollutants, any person
				who makes an application for a permit as required by subsections 5.1, 5.11 or
				11.2 shall include in the application information on the nature and extent of
				any emissions of hazardous air pollutants. Hazardous air pollutants (that are
				not air pollutants listed in Table 45-13A) shall be subject to limitations or
				controls only to the extent necessary:
15.1.a. To incorporate an applicable
				requirement based upon any rule of the Secretary promulgated pursuant to W. Va.
				Code §
										22-5-1,
				et seq.;
15.1.b. To implement
				subsection 5.5 related to voluntary permitting;
15.1.c. To establish case-by-case maximum
				achievable control technology (MACT) requirements as required by 45CSR34;
				or
15.1.d. To set an emission limit
				based upon the source's maximum potential to emit as provided in the permit
				application.