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 45-02A - Testing Monitoring Recordkeeping And Reporting Requirements › Section 45-2A-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Alternative
				fuel" means a fuel other than pipeline quality natural gas, distillate oil,
				wood or coal.
2.2. "Continuous
				Opacity Monitoring System" or "COMS" means an opacity monitor and associated
				system installed, calibrated, operated and maintained as specified in 40 CFR
				Part 60, Appendix B, Performance Specification 1 (PS1) and 40 CFR Part 60,
				Appendix F or as specified in 40 CFR Part 75.
2.3. "Excursion" means:
(1) measured emissions exceeding the
				applicable standards set forth in sections 3 and 4 of 45CSR2; 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 section 3 of
				45 CSR2.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-02A - Testing Monitoring Recordkeeping And Reporting Requirements › Section 45-2A-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. This rule
				applies to any fuel burning unit(s) having a design heat input (DHI) over ten
				(10) million BTU/hr (mmBTU), except as follows:
3.1.a. The owner or operator of a fuel
				burning unit(s) which combusts only natural gas shall be exempt from sections 5
				and 6. The Director reserves the right to require testing pursuant to
				subdivisions 8.1.b and 8.1.c. of 45CSR2.
3.1.b. The owner or operator of a fuel
				burning unit(s) with a DHI of less than 100 mmBTU/hr shall be exempt from the
				periodic testing requirements of section 5, and the monitoring requirements of
				section 6. The Director reserves the right to require testing pursuant to
				subdivisions 8.1.b. and 8.1.c. of 45CSR2.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-02A - Testing Monitoring Recordkeeping And Reporting Requirements › Section 45-2A-4 - Registration of Allowable Emission Rates for Individual Stacks

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The owner or
				operator shall conduct periodic simultaneous weight emission tests of all
				similar fuel burning units at each source, except where the owner or operator
				registers allowable emission rates for individual stacks in accordance with
				subsection 4.2 of this rule. The frequency and performance of periodic
				simultaneous weight emission tests shall conform to the provisions of
				subsection 5.2.
4.2. In accordance
				with subsection 4.2 of 45CSR2, the owner or operator may register an allowable
				emission rate for each individual stack, in pounds per hour, determined as
				provided in Appendix B.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-02A - Testing Monitoring Recordkeeping And Reporting Requirements › Section 45-2A-5 - Testing Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Visible Emission Testing.
5.1.a. The owner or
				operator shall periodically conduct or have conducted, visible emission tests
				to determine the compliance of each stack with the visual emission standard set
				forth in section 3 of 45CSR2. Visible emission tests shall be conducted in
				accordance with 40 CFR Part 60, Appendix A, Method 9 (Method 9), or with COMS.
				Method 9 visible emission tests shall be conducted at a frequency established
				in the approved monitoring plan specified in subsection 6.3 and shall also be
				conducted in conjunction with all weight emission testing.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-02A - Testing Monitoring Recordkeeping And Reporting Requirements › Section 45-2A-6 - /STRONG. Visible Emission Monitoring Plan Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The owner or operator of a fuel burning
				unit(s)shall submit to the Director for approval a monitoring plan that
				describes the method the owner or operator will use to monitor compliance with
				the visible emission standard set forth in section 3 of 45CSR2. The owner or
				operator of a fuel burning unit may use a COMS, which shall be deemed to
				satisfy all of the requirements of an approved monitoring plan, or a monitoring
				plan as specified in subsection 6.3. in accordance with the provisions of this
				section.
6.1.a. Monitoring plans shall be
				submitted to the Director for approval no later than February 28, 2001, as
				specified in paragraph 8.2.a.2 of 45CSR2.
6.1.b. Approval or denial of such plans shall
				be issued no later than August 31, 2001, or 6 months after submittal, whichever
				is later, as specified in paragraph 8.2.a.2 of 45CSR2, provided that the owner
				or operator may presume approval of a monitoring plan if the Director has
				neither approved nor denied the plan by the date specified in this
				subdivision.
6.1.c. Monitoring
				plans shall become effective upon approval.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-02A - Testing Monitoring Recordkeeping And Reporting Requirements › Section 45-2A-7 - Recordkeeping and Reporting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Recordkeeping.
7.1.a. 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 fuel burning unit as specified in
				paragraphs 7.1.a.1 through 7.1.a.6. as applicable.
7.1.a.1. For fuel burning unit(s) which burn
				only pipeline quality natural gas, such records shall include, but not be
				limited to, the date and time of start-up and shutdown, and the quantity of
				fuel consumed on a monthly basis.
7.1.a.2. For fuel burning unit(s) which burn
				only distillate oil, 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
				monthly basis and a BTU analysis for each shipment.
7.1.a.3. For fuel burning unit(s) which burn
				only wood, 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
				quarterly ash and BTU analysis.
7.1.a.4. For fuel burning unit(s) which burn
				only coal, 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 an
				ash and BTU analysis for each shipment.
7.1.a.5. For fuel burning unit(s) which burn
				an alternative fuel(s), such records shall include, but not be limited to, the
				date and time of start-up and shutdown, and fuel quality analysis as approved
				by the Director.
7.1.a.6. For fuel
				burning unit(s) which burn a combination of fuels, the owner or operator shall
				comply with the applicable recordkeeping requirements of paragraph 7.1.a.1
				through paragraph 7.1.a.5. for each fuel burned.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-03 - To Prevent And Control Air Pollution from the Operation Of Hot Mix Asphalt Plants › Section 45-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule establishes emission limitations for hot mix asphalt plants and the
				plant property and sets forth the permitting, recordkeeping, reporting, and
				exemption requirements.
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 45-03 - To Prevent And Control Air Pollution from the Operation Of Hot Mix Asphalt Plants › Section 45-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Air
				Pollution", "statutory air pollution" shall have the meaning ascribed to it in
				W. Va. Code §22-5-2.
2.2. "Air Pollution Control Equipment" is
				defined as:
2.2.1. "Primary Collection" -- is
				that equipment including, but not limited to, cyclones or multicyclones
				incorporated for the collection of fine particulate matter generated and
				emitted principally from the drying operation and from which all collected
				material may or may not be reinjected into the main aggregate flow.
2.2.2. "Secondary Collection" -- is that
				equipment including, but not limited to, multicyclones, scrubbers, bag filters
				and electrostatic precipitators, incorporated for the collection of that
				particulate matter not collected by the primary collection equipment and from
				which such collected material may or may not be reinjected into the main
				aggregate flow.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-03 - To Prevent And Control Air Pollution from the Operation Of Hot Mix Asphalt Plants › Section 45-3-3 - Emission of Smoke and/or Particulate Matter Prohibited and Standards of Measurement - Visible

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. No person
				shall cause, suffer, allow or permit emission of smoke and/or particulate
				matter into the open air from any fuel burning equipment which is 20% opacity
				or greater based on six minute averages using 40 CFR Part 60, Appendix A,
				Method 9, and 45CSR16 or other equivalent EPA approved method as approved by
				the Secretary.
3.2.
				Reserved.
3.3. Any owner or
				operator that cannot comply with the emission limitation required by section
				3.1 during periods of startup or shutdown shall request an alternative emission
				limitation pursuant to 45CSR1.
3.4.
				Where the Secretary believes that startups and shutdowns are excessive in
				duration and/or frequency, the Secretary may require an owner or operator to
				provide a written report demonstrating that such frequent start-ups and
				shutdowns are necessary.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-03 - To Prevent And Control Air Pollution from the Operation Of Hot Mix Asphalt Plants › Section 45-3-4 - Emission of Smoke and/or Particulate Matter Prohibited and Standards of Measurement - Weight Emissions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. For those
				plants placed in operation after June 11, 1973 or that have since been modified
				to cause such plant to be regulated pursuant to 40 CFR Part 60, Subpart I and
				45CSR16, no person shall cause, suffer, allow or permit total particulate
				matter emissions to be discharged into the open air from such plant in excess
				of 0.04 grains per dry standard cubic foot.
4.2. For those plants not subject to 40 CFR
				Part 60, Subpart I and 45CSR16, no person shall cause, suffer, allow or permit
				particulate matter emissions from a plant into the open air in excess of the
				quantity as listed in Table 45-3:
TABLE 45-3
Aggregate Process Rate
Stack Emission Rate
(Pounds Per Hour)
(Pounds Per Hour)
10,000
10
20,000
16
30,000
22
40,000
28
100,000
33
200,000
37
300,000
40
400,000
43
500,000
47
600,000
50
4.2.1. For a
				process weight between any two consecutive process weights stated in Table
				45-3, the emission limitation shall be determined by interpolation.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-03 - To Prevent And Control Air Pollution from the Operation Of Hot Mix Asphalt Plants › Section 45-3-5 - Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. No person
				shall construct, modify or relocate a hot mix asphalt plant without first
				obtaining any permit(s) required by 45CSR13, 45CSR14 or 45CSR19.
5.2. No person shall operate a hot mix
				asphalt plant without first obtaining an operating permit. The possession of an
				operating permit issued pursuant to 45CSR30 or a general permit issued pursuant
				to 45CSR13 will satisfy the requirements of this subsection.
5.3. Applications for permits shall be made
				upon forms available from the Secretary and shall include such information as
				in the judgement of the Secretary will enable him or her to determine whether
				such source(s) will be so designed as to operate in conformance with the
				provisions of this rule and other applicable rules, the W. Va. Code
				§22-1-1 et seq., and will not cause
				or contribute to the violation of applicable ambient air quality
				standards.
5.4. An operating
				permit, issued pursuant to this rule, will be granted for plants provided they
				meet and maintain the requirements as set forth in this rule. These permits
				will be valid for 1 calendar year and must be renewed annually. Any person
				failing to maintain the requirements of this rule shall, at the discretion of
				the Secretary, have their operating permit revoked.
5.5. When operating permits are revoked, the
				Secretary will consider reissuing permits when such changes as necessary to
				meet the requirements of this rule are made by the owner or operator of the
				plants.
5.6. Plants operating
				without all applicable permits will be in violation of this rule.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-03 - To Prevent And Control Air Pollution from the Operation Of Hot Mix Asphalt Plants › Section 45-3-6 - Reports and Testing

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. At such
				reasonable times as the Secretary may designate, the owner or operator of any
				hot mix asphalt plant may be required to conduct or have conducted stack tests
				to determine the particulate matter concentration in exhaust gases. Such tests
				shall be conducted in accordance with 40 CFR Part 60, Appendix A, Method 5 and
				45CSR16 or other equivalent EPA approved method approved by the Secretary.
6.1.1. All such tests shall be conducted
				under such reasonable operating conditions as the Secretary may specify. The
				Secretary may at his option witness or conduct such stack tests. Should the
				Secretary exercise his option to conduct such tests, the operator will provide
				all the necessary sampling connections and sampling ports to be located in such
				manner as the 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.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-03 - To Prevent And Control Air Pollution from the Operation Of Hot Mix Asphalt Plants › Section 45-3-8 - Circumvention

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. No owner
				or operator subject to the provisions of this rule shall build, erect, install
				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 an opacity standard or 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 45-03 - To Prevent And Control Air Pollution from the Operation Of Hot Mix Asphalt Plants › Section 45-3-9 - Inconsistency Between Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. In the event
				of any inconsistency between this rule and any other rule of the West Virginia
				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 45-03 - To Prevent And Control Air Pollution from the Operation Of Hot Mix Asphalt Plants › Section 45-3-10 - Disposition of Rule; Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. 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.
10.2. 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.
10.3. 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.
10.4. 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 requirement §45-3-3.3 and revert to the August 31, 2000
				requirements found at §§45-3-3.2 and -7.1.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-04 - To Prevent And Control The Discharge Of Air Pollutants Into The Open Air Which Causes Or Contributes To an Objectionable Odor Or Odors › Section 45-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope. --
				Series 4 is designed to prevent and control the discharge of pollutants into
				the open air which causes or contributes to an objectionable odor or odors.
1.2. Authority. -- W. Va. Code
				'22-5-1
				et seq.
1.3. Filing Date. -- August
				28, 1967.
1.4. Effective Date. --
				October 1, 1967.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-04 - To Prevent And Control The Discharge Of Air Pollutants Into The Open Air Which Causes Or Contributes To an Objectionable Odor Or Odors › Section 45-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Air
				pollutants" means solids, liquids, or gases which, if discharged into the air,
				will result in a statutory air pollution.
2.2. "Air pollution", 'statutory air
				pollution' shall have the meaning ascribed to it in W. Va. Code '22-5-2.
2.3. [Reserved]
2.4. "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 county, and
				any firm, partnership, or association of whatever nature.
2.5. "Odor" means a sensation resulting from
				stimulation of the human sense of smell.
2.6. "Objectionable Odor" means in addition
				to odors generally recognized as being objectionable, an odor shall be deemed
				objectionable when in the opinion of a duly authorized representative of the
				Director, based upon his investigations or his investigations and complaints,
				such odor is objectionable.
2.7.
				"Duly Authorized Representative" means the Director or such other agent or
				employee of the Director who by virtue of special training and/or experience is
				qualified to make determinations relative to this rule.
Other words and phrases used in this rule, unless otherwise
				  indicated, shall have the meaning ascribed to them in W. Va. Code ''22-5-1 et
				  seq.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-04 - To Prevent And Control The Discharge Of Air Pollutants Into The Open Air Which Causes Or Contributes To an Objectionable Odor Or Odors › Section 45-4-3 - Objectionable Odor Prohibited

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. No
				person shall cause, suffer, allow or permit the discharge of air pollutants
				which cause or contribute to an objectionable odor at any location occupied by
				the public.
3.2. The
				Barnebey-Cheney Scentometer or any other instrument, device, or technique
				designated by the Director may be used as a guide in the enforcement of the
				rule and may be used in the determination of the objectionability of an
				odor.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-04 - To Prevent And Control The Discharge Of Air Pollutants Into The Open Air Which Causes Or Contributes To an Objectionable Odor Or Odors › Section 45-4-4 - Accidental and Other Infrequent Emissions, Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Accidental and other infrequent
				discharges which cause or contribute to objectionable odors will be considered
				on an individual basis and shall be reported by the person responsible
				therefore to the Director in the manner to be prescribed by the
				Director.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-04 - To Prevent And Control The Discharge Of Air Pollutants Into The Open Air Which Causes Or Contributes To an Objectionable Odor Or Odors › Section 45-4-5 - Notice of Violation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. No
				person shall be considered in violation of this rule unless notified that he is
				discharging an air pollutant or air pollutants which causes or contributes to
				an objectionable odor.
5.2.
				Notification as herein required shall be by registered or certified letter of
				notice sent to the person at his last known address which notice shall set
				forth the nature of the violation and require such person to submit a control
				program within such reasonable time as the Director shall specify.
5.3. The provisions of this section shall not
				apply to persons operating a control program approved pursuant to Section 6 of
				this rule.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-04 - To Prevent And Control The Discharge Of Air Pollutants Into The Open Air Which Causes Or Contributes To an Objectionable Odor Or Odors › Section 45-4-6 - Variance

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. When a process
				or operation results in the discharge of an air pollutant or pollutants which
				causes or contributes to an objectionable odor, an acceptable control program
				shall be developed and offered to the Director by the person responsible for
				the discharge of such air pollutant or pollutants. This control program shall
				be submitted in the manner prescribed by the Director and within such time as
				shall be fixed by the Director. If such a control program has been approved by
				the Director by the issuance of a variance, the person responsible for said
				discharge shall not be considered to be in violation of this rule in connection
				with said discharge so long as the program is observed.
6.2. The Director may permit, under emergency
				circumstances, the discharge of air pollutants which causes or contributes to
				an objectionable odor under specific conditions for specific time periods. Any
				person who desires such a variance shall make application to the Director in
				the manner prescribed by the Director.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-04 - To Prevent And Control The Discharge Of Air Pollutants Into The Open Air Which Causes Or Contributes To an Objectionable Odor Or Odors › Section 45-4-7 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. This rule
				shall not apply to the following sources of objectionable odor until such time
				as feasible control methods are developed:
7.1.a. Internal combustion engines.
7.1.b. Normal and necessary operations
				associated with the production of agricultural products grown on the premises
				or livestock, dogs, cats, and poultry grown on the premises.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-05 - To Prevent And Control Air Pollution from The Operation Of Coal Preparation Plants, Coal Handling Operations And Coal Refuse Disposal Areas › Section 45-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule establishes emission standards for particulate matter from the
				operation of coal preparation plants, coal handling operations and coal refuse
				disposal areas and sets forth permitting, monitoring, testing, recordkeeping
				and reporting requirements.
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 45-05 - To Prevent And Control Air Pollution from The Operation Of Coal Preparation Plants, Coal Handling Operations And Coal Refuse Disposal Areas › Section 45-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Air
				Pollution," "statutory air pollution" shall have the meaning ascribed to it in
				W. Va. Code §22-5-2.
2.2. "Air Pollution Control Equipment" means
				any equipment used for collecting gasborne particulate matter for the purpose
				of preventing or reducing particulate matter emissions into the open
				air.
2.3. "Air Table" means a
				device using a gaseous separating media for the primary purpose of improving
				the product quality.
2.4.
				"Alternative Emission Limitation" means an emission limitation that applies to
				a source during some but not all periods of normal operation (e.g., applies
				only during a specifically defined mode of operation such as startup or
				shutdown). An alternative emission limitation is a component of a continuously
				applicable emission limitation, and it may take the form of a control measure
				such as a design, equipment, work practice or operational standard (whether or
				not numerical).
2.5. "Coal
				Preparation Plant" means and includes any facility (excluding underground
				mining operations) that prepares coal by one or more of the following
				processes: screening, breaking, crushing, wet or dry cleaning and thermal
				drying, and further such definition of a coal preparation plant shall include
				all coal handling operations associated with the processes described above, but
				shall not include:
2.5.1. Any facility that is
				designed to process less than 200 tons of coal per day;
2.5.2. Any facility or equipment subject to
				the requirements of 45CSR2, 45CSR3, 45CSR7; or
2.5.3. Any facility which would be defined as
				a coal preparation plant solely because it incorporates a stationary grizzly or
				scalping screen to separate oversized refuse from coal.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-05 - To Prevent And Control Air Pollution from The Operation Of Coal Preparation Plants, Coal Handling Operations And Coal Refuse Disposal Areas › Section 45-5-3 - Emission of Particulate Matter Prohibited and Standards of Measurement

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. No person
				shall cause, suffer, allow or permit emission of particulate matter into the
				open air from any stack which is 20% opacity or greater, except as noted in
				subsection 3.2.
3.2. The provisions
				of subsection 3.1 shall not apply to particulate matter emitted, which is less
				than 60% opacity for a period or periods aggregating no more than 5 minutes in
				any 60 minute period during operation.
3.3. The provisions of subsections 3.1 and
				3.2 shall not apply to particulate matter emitted, which is less than 60%
				opacity for a period of up to 8 minutes in any operating day for the purposes
				of building a fire of operating quality in the fuel burning equipment of a
				thermal dryer.
3.4. No person shall
				cause, suffer, allow or permit emission of particulate matter into the open air
				from any fugitive dust control system which is 20% opacity or
				greater.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-05 - To Prevent And Control Air Pollution from The Operation Of Coal Preparation Plants, Coal Handling Operations And Coal Refuse Disposal Areas › Section 45-5-4 - Control and Prohibition of Particulate Emissions From Coal Thermal Drying Operations of a Coal Preparation Plant

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. No person
				shall cause, suffer, allow or permit particulate matter to be vented into the
				open air from any thermal dryer exhaust in excess of the following limitations:
4.1.1. Thermal dryers which commenced
				construction or modification after October 24, 1974, shall meet emission
				limitations set forth under 45CSR16.
4.1.2. Thermal dryers installed before
				October 24, 1974, that are not subject to subdivision 4.1.1, shall comply with
				the limitations and requirements set forth in Appendix 45-5 to this
				rule.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-05 - To Prevent And Control Air Pollution from The Operation Of Coal Preparation Plants, Coal Handling Operations And Coal Refuse Disposal Areas › Section 45-5-5 - Control and Prohibition of Particulate Emissions From an Air Table Operation of a Coal Preparation Plant

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. No person
				shall cause, suffer, allow or permit particulate matter to be vented into the
				open air from any air table exhaust in excess of 0.05 grains per dry standard
				cubic foot of exhaust gases.
5.2.
				No person shall circumvent this rule by adding additional gas to any air table
				exhaust or group of air table exhausts for the purpose of reducing the grain
				loading.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-05 - To Prevent And Control Air Pollution from The Operation Of Coal Preparation Plants, Coal Handling Operations And Coal Refuse Disposal Areas › Section 45-5-7 - Standards for Coal Refuse Disposal Areas

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. To prevent and
				control air pollution from coal refuse disposal areas, the operation of coal
				refuse disposal areas shall be conducted in accordance with the standards
				established by this section.
7.2.
				Coal refuse is not to be deposited on any coal refuse disposal area unless the
				coal refuse is deposited in such a manner as to minimize the possibility of
				ignition of the coal refuse.
7.3.
				Coal refuse disposal areas shall not be so located with respect to mine
				openings, tipples or other mine buildings, unprotected coal outcrops or steam
				lines, that these external factors will contribute to the ignition of the coal
				refuse on such coal refuse disposal areas.
7.4. Vegetation and combustible materials
				shall not be left on the ground at the site where a coal refuse pile is to be
				established, unless it is rendered inert before coal refuse is deposited on
				such site.
7.5. Coal refuse shall
				not be dumped or deposited on a coal refuse pile known to be burning, except
				for the purpose of controlling the fire or where the additional coal refuse
				will not tend to ignite or where such dumping will not result in statutory air
				pollution.
7.6. Materials with low
				ignition points used in the production or preparation of coal, including, but
				not limited to, wood, brattice cloth, waste paper, rags, oil and grease, shall
				not be deposited on any coal refuse disposal area or in such proximity as will
				reasonably contribute to the ignition of a coal refuse disposal area.
7.7. Garbage, trash, household refuse and
				like materials shall not be deposited on or near any coal refuse disposal
				area.
7.8. The deliberate ignition
				of a coal refuse disposal area or the ignition of any materials on such an area
				by any person or persons is prohibited.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-05 - To Prevent And Control Air Pollution from The Operation Of Coal Preparation Plants, Coal Handling Operations And Coal Refuse Disposal Areas › Section 45-5-8 - Burning Coal Refuse Disposal Areas

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Each burning
				coal refuse disposal area which allegedly causes air pollution shall be
				investigated by the Secretary.
8.2.
				Each burning coal refuse disposal area which causes air pollution shall be
				considered on an individual basis by the Secretary. Consistent with the
				declaration of policy and purpose set forth in W. Va. Code §22-5-1, as well as the established
				facts and circumstances of the particular case, the Secretary shall determine
				and may order the effectuation of those air pollution control measures which
				are adequate for each such coal refuse disposal area.
8.3. With respect to all burning coal refuse
				disposal areas, the person responsible for the coal refuse disposal areas or
				the land on which the coal refuse disposal areas are located shall use due
				diligence to control air pollution from the coal refuse disposal areas.
				Consistent with the declaration of policy and purpose set forth in W. Va. Code
				§22-5-1, the Secretary shall
				determine what constitutes due diligence with respect to each such burning coal
				refuse disposal area. When a study of any burning coal refuse disposal area by
				the Secretary establishes that air pollution exists or may be created, the
				person responsible for the coal refuse disposal area or the land on which the
				coal refuse disposal area is located shall submit to the Secretary a report
				setting forth satisfactory methods and procedures to eliminate, prevent or
				reduce the air pollution. The report shall be submitted within such time as the
				Secretary shall specify. The report for the elimination, prevention or
				reduction of air pollution shall contain sufficient information, including,
				completion dates, to establish that the corrective measures can be executed
				with due diligence. If approved by the Secretary, the corrective measures and
				completion dates shall be embodied in a consent order issued pursuant to W. Va.
				Code §§22-5-1 et seq. If the report is
				not submitted as requested or if the Secretary determines that the methods and
				procedures set forth in the report are not adequate to reasonably control the
				air pollution he or she shall issue an order requiring the elimination,
				prevention or reduction of the air pollution.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-05 - To Prevent And Control Air Pollution from The Operation Of Coal Preparation Plants, Coal Handling Operations And Coal Refuse Disposal Areas › Section 45-5-9 - Monitoring of Operations

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Thermal dryers
				subject to subsection 4.1 shall meet the monitoring and calibration
				requirements set forth under 45CSR16.
9.2. The owner or operator of a thermal dryer
				subject to subdivision 4.1.2 shall install, calibrate, maintain and
				continuously operate monitoring devices, as set forth in Appendix 45-5 to this
				rule.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-05 - To Prevent And Control Air Pollution from The Operation Of Coal Preparation Plants, Coal Handling Operations And Coal Refuse Disposal Areas › Section 45-5-10 - Construction, Modification and Relocation Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. No person
				shall construct, modify or relocate any coal preparation plant or coal handling
				operation without first obtaining a permit in accordance with the provisions of
				W. Va. Code §§22-5-1 et seq. and
				the Secretary's rules for review and permitting of new or modified sources,
				except that coal handling operations which are not "stationary sources" as
				defined by subdivision 2.24.2 of 45CSR13 are not required to obtain a permit
				under 45CSR13. The terms "construction", "modification" and "relocation" shall
				have the meaning ascribed to them in 45CSR13.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-05 - To Prevent And Control Air Pollution from The Operation Of Coal Preparation Plants, Coal Handling Operations And Coal Refuse Disposal Areas › Section 45-5-11 - Operating Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The owner or
				operator of each coal preparation plant shall submit a complete application for
				an operating permit to the Secretary.
11.1.1.
				The operating permit application shall contain sufficient information as in the
				judgement of the Secretary is necessary to enable him to determine whether the
				preparation plant and air pollution control equipment or measures comply with
				this rule and other applicable rules. Information to be furnished in the permit
				application shall include but not be limited to:
11.1.1.a. A description of the nature,
				location, design capacity and typical and maximum operating schedules of the
				facility, including, specifications and drawings showing its design and plant
				lay-out; and
11.1.1.b. A detailed
				description as to what systems of continuous emission reduction are employed by
				the facility, emission estimates and any other information as necessary to
				determine the required emissions control technology or measures that must be
				applied.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-05 - To Prevent And Control Air Pollution from The Operation Of Coal Preparation Plants, Coal Handling Operations And Coal Refuse Disposal Areas › Section 45-5-12 - Reporting and Testing

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. At such
				reasonable times as the Secretary may designate, the owner or operator of a
				coal preparation plant may be required to conduct or have conducted stack tests
				to determine the dust loading in exhaust gases and mass emission rates of
				particulate matter. All tests to determine compliance with exhaust gas dust
				concentrations and particulate matter mass emission rates shall be conducted in
				accordance with Methods 1-5 of 40 CFR Part 60, Appendix A and 45CSR16 provided
				that all compliance tests must consist of not less than 3 test runs, test run
				duration shall not be less than 60 minutes, and not less than 30 standard cubic
				feet of exhaust gas must be sampled during each test run. Should the Secretary
				exercise his 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, ladders, etc., to comply with
				generally accepted good safety practices.
12.2. The Secretary may conduct such other
				tests as he may deem necessary to evaluate air pollution emissions other than
				those noted in subsection 12.1.
12.3. The owner or operator shall submit a
				test protocol for the Secretary's approval not less than 30 days prior to any
				test to determine compliance with this rule and shall provide at least 15 days
				notice of all compliance tests to the Secretary.
12.4. Tests to determine compliance with the
				visible emission limitations of sections 3 and 6 shall be conducted by
				certified visible emission observers in accordance with Method 9 of 40 CFR Part
				60, Appendix A and 45CSR16.
12.5.
				Nothing in subsection 12.4, however, shall preclude any owner or operator or
				the Secretary from using opacity data from a properly installed, calibrated,
				maintained and operated continuous opacity monitor from being used as evidence
				to demonstrate compliance or a violation of visible emission requirements of
				this rule.
12.6. Any stack venting
				thermal dryer exhaust gases and/or air table exhaust gases or exhaust gases or
				air from any air pollution control device shall include straight runs of
				sufficient length to establish flow patterns consistent with acceptable stack
				sampling procedures. Flow straightening devices shall be required where
				cyclonic gas flow would exist in the absence of such devices.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-05 - To Prevent And Control Air Pollution from The Operation Of Coal Preparation Plants, Coal Handling Operations And Coal Refuse Disposal Areas › Section 45-5-13 - 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 45-05 - To Prevent And Control Air Pollution from The Operation Of Coal Preparation Plants, Coal Handling Operations And Coal Refuse Disposal Areas › Section 45-5-14 - Transfer of Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Any person
				holding a valid operating permit under this rule may request that the Secretary
				transfer the operating permit to another person providing the following
				conditions are met:
14.1.1. The permit holder
				describes, in writing, the reasons for or circumstances of the transfer, lists
				all relevant air quality permit numbers and certifies that the facility to
				which the permit pertains is in compliance with all air permits issued by the
				Secretary and all applicable rules of the Secretary;
14.1.2. The transferee identifies and
				acknowledges, in writing, that it accepts and will comply with all permit(s)
				issued by the Secretary as identified in the notice of transfer filed pursuant
				to subdivision 14.1.1 and that it will comply with all applicable rules;
				and
14.1.3. The permit holder or
				transferee pays, at the time of the request for transfer, a transfer fee of
				$200 payable to the Air Pollution Control Fund. Such payment satisfies the
				requirement of subsection 4.2 of 45CSR22.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-05 - To Prevent And Control Air Pollution from The Operation Of Coal Preparation Plants, Coal Handling Operations And Coal Refuse Disposal Areas › Section 45-5-15 - Alternative Emission Limitations

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Any owner or
				operator that cannot meet the emission limitations established in sections 3, 4
				or 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 45-05 - To Prevent And Control Air Pollution from The Operation Of Coal Preparation Plants, Coal Handling Operations And Coal Refuse Disposal Areas › Section 45-5-16 - Inconsistency Between Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. In the event
				of any inconsistency between this rule and Appendix 45-5 and any other existing
				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.