West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-02 - To Prevent And Control Particulate Air Pollution from Combustion Of Fuel In Indirect Heat Exchangers › Section 45-2-3 - Visible Emissions of Smoke and/or 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 smoke and/or particulate
				matter into the open air from any fuel burning unit which is greater than 10
				percent opacity based on a six-minute block average.
3.2. Compliance with the visible emission
				requirements of subsection 3.1 shall be determined in accordance with 40 CFR
				Part 60, Appendix A, Method 9 and 45CSR16 or by using measurements from
				continuous opacity monitoring systems approved by the Secretary. The Secretary
				may require the installation, calibration, maintenance and operation of
				continuous opacity monitoring systems and may establish policies for the
				evaluation of continuous opacity monitoring results and the determination of
				compliance with the visible emission requirements of subsection 3.1. Continuous
				opacity monitors shall not be required on fuel burning units which employ wet
				scrubbing systems for emission control.
3.3. If the owner or operator of a fuel
				burning unit can demonstrate to the satisfaction of the Secretary that
				compliance with subsection 3.1 cannot practically be achieved with respect to
				soot blowing operations or during the cleaning of a fire box, the Secretary may
				formally approve an alternative visible emission standard applicable to the
				fuel burning unit for soot blowing periods; provided that the exception period
				shall not exceed a total of 6 six minute time periods in a calendar day with
				visible emissions limited to 30% opacity, as determined in accordance with 40
				CFR Part 60, Appendix A, Method 9 and 45CSR16, or by using measurements from a
				certified continuous opacity monitoring system.
3.4. The Secretary may approve an alternative
				visible emission standard to that required under subsection 3.1, not to exceed
				20 percent opacity, upon the filing of a written petition by the owner or
				operator, which petition shall include a demonstration satisfactory to the
				Secretary:
3.4.1. That it is technologically
				or economically infeasible to comply with subsection 3.1;
3.4.2. That emissions from the fuel burning
				unit for which an alternative visible emission standard is proposed impact no
				area in which the National Ambient Air Quality Standards for particulate matter
				are being exceeded nor will any such emissions cause or contribute to a
				violation of the National Ambient Air Quality Standards for particulate matter
				in an area which currently meets such standards;
3.4.3. That the particulate weight emission
				standards under section 4 of this rule are being met, as determined in
				accordance with the Appendix 45-2 to this rule -- "Compliance Test Procedures
				for 45CSR2";
3.4.4. That the fuel
				burning unit for which an alternative visible emission standard is proposed is
				at all times operated and maintained in accordance with the provisions of
				subsection 9.2;
3.4.5. That the
				fuel burning unit for which an alternative visible emission standard is
				proposed and its associated air pollution control equipment are incapable of
				being adjusted or operated at normal operating loads to meet the applicable
				visible emission standard;
3.4.6.
				That the owner or operator will install, calibrate, maintain and operate a
				continuous opacity monitoring system approved by the Secretary, for the fuel
				burning unit for which an alternative visible emission standard is proposed,
				and will submit the results of such monitoring system to the Secretary on a
				calendar monthly basis in a format approved by the Secretary, provided that
				this provision shall not apply to fuel burning units which employ wet scrubbing
				systems for emission control; and
3.4.7. That all other requirements of law and
				rules enforced by the Secretary will be met.