West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-14 - Permits for Construction and Major Modification of Major Stationary Sources for the Prevention of Significant Deterioration of Air Quality › Section 45-14-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				requirements of this rule apply to the construction of any new major stationary
				source (as defined in subsection 2.43) or any proposed project at an existing
				major stationary source in an area designated as attainment or unclassifiable
				under §107(d)(1)(A)(ii) or (iii) of the CAA.
3.2. The requirements of sections 7 through
				13 and sections 17 through 19 apply to the construction of any new major
				stationary source or the major modification of any existing major stationary
				source, except as this rule otherwise provides.
3.3. No new major stationary source or major
				modification to which the requirements of sections 7 through 13 and sections 17
				through subsection 19.7 apply shall begin actual construction without a permit
				issued by the Secretary that states that the major stationary source or major
				modification will meet those requirements.
3.4. Determination of major modification. --
				The determination as to whether a proposed project is a major modification for
				a regulated NSR pollutant shall be determined in accordance with the specific
				provisions set forth in subdivisions 3.4.a through 3.4.f.
3.4.a. Except as otherwise provided in
				subsections 3.5 and 3.6, and consistent with the definition of major
				modification contained in subsection 2.40, a project is a major modification
				for a regulated NSR pollutant if it causes two types of emissions increases --
				a significant emissions increase (as defined in subsection 2.75) and a
				significant net emissions increase (as defined in subsections 2.46 and 2.74).
				The proposed project is not a major modification if it does not cause a
				significant emissions increase. If the proposed project causes a significant
				emissions increase, than the project is a major modification only if it also
				results in a significant net emissions increase.
3.4.b. The procedure for calculating (before
				beginning actual construction) whether a significant emissions increase (i.e.,
				the first step of the process) will occur depends upon the type of emissions
				units being modified, according to subdivisions 3.4.c through 3.4.f. The
				procedure for calculating (before beginning actual construction) whether a
				significant net emissions increase will occur at the major stationary source
				(i.e., the second step of the process) is contained in the definition in
				subsection 2.46. Regardless of any such preconstruction projections, a major
				modification results if the project causes a significant emissions increase and
				a significant net emissions increase.
3.4.c. Actual-to-projected-actual
				applicability test for projects that only involve existing emissions units. --
				A significant emissions increase of a regulated NSR pollutant is projected to
				occur if the sum of the difference between the projected actual emissions (as
				defined in subsection 2.63) and the baseline actual emissions (as defined in
				subdivisions 2.8.a and 2.8.b), for each existing emissions unit equals or
				exceeds the significant amount for that pollutant (as defined in subsection
				2.74).
3.4.d. Actual-to-potential
				test for projects that only involve construction of a new emissions unit(s). --
				A significant emissions increase of a regulated NSR pollutant is projected to
				occur if the sum of the difference between the potential to emit (as defined in
				subsection 2.58) from each new emissions unit following completion of the
				project and the baseline actual emissions (as defined in subdivision 2.8.c) of
				these units before the project equals or exceeds the significant amount for
				that pollutant (as defined in subsection 2.74).
3.4.e. [Reserved]
3.4.f. Hybrid test for projects that involve
				multiple types of emissions units. -- A significant emissions increase of a
				regulated NSR pollutant is projected to occur if the sum of the emissions
				increases for each emissions unit, using the method specified in subdivisions
				3.4.c through 3.4.d as applicable with respect to each emissions unit, for each
				type of emissions unit equals or exceeds the significant amount for that
				pollutant (as defined in subsection 2.74).