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 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-9 - Compliance Programs, Registration, Variance, Permits, Enforceability

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Reserved.
9.2. Registration. -- All
				persons owning and/or operating a source subject to this regulation shall
				register such source(s) with the Secretary: The information required for
				registration shall be determined and provided in the manner specified by the
				Secretary. Registration forms shall be requested from the Secretary by the
				owner or operator of such source(s).
9.3. Reserved.
9.4. Permits. -- No person shall construct or
				modify any source subject to this regulation without first obtaining a permit
				for such construction or modification pursuant to regulations of the
				Secretary.
9.5. Enforceability. --
				For the purpose of federal enforceability of the provisions of this regulation
				which are adopted and incorporated in the state implementation plan, references
				to the Secretary shall also mean the Administrator of the U.S. EPA.
9.6. Severability. -- The provisions of this
				regulation are severable and if any provision or part thereof shall be held
				invalid, unconstitutional, or inapplicable to any person or circumstance, such
				invalidity, unconstitutionality, or inapplicability shall not affect or impair
				any of the remaining provisions, sections, or parts of this regulation or their
				application to any persons and circumstances.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-11 - Can Coating

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Applicability.
11.1.1. This section 11.
				applies to any can coating line used to apply the following coatings: sheet
				base coat, exterior base coat, interior body spray coat, overvarnish, side seam
				spray coat, exterior end coat, and end sealing compound coat.
11.1.2. The emission limits of this section
				11. do not apply to coating lines within any facility whose actual emissions
				without control devices from all can coating lines within the facility are less
				than 6.8 kilograms (kg) (15 pounds [lb]) volatile organic compound (VOC) per
				day. An owner or operator of a facility whose emissions are below this
				applicability threshold shall comply with the certification, recordkeeping, and
				reporting requirements of subdivision 11.7.1.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-12 - Coil Coating

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Applicability.
12.1.1. This section 12.
				applies to any coil coating operation.
12.1.2. This section 12. does not apply to
				any coating operation within a facility whose actual emissions without control
				devices from all coil coating operations within the facility are less than 6.8
				kilograms (kg) (15 pounds [lb]) volatile organic compound (VOC) per day. An
				owner or operator of a facility whose emissions are below this applicability
				threshold shall comply with the certification, recordkeeping, and reporting
				requirements of subdivision 12.7.1.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-13 - Paper Coating

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				Applicability.
13.1.1. This section 13.
				applies to any paper coating operation.
13.1.2. This section 13. does not apply to
				any coating operation within a facility whose actual emissions without control
				devices from all paper coating operations within the facility are less than 6.8
				kilograms (kg) (15 pounds [lb]) volatile organic compound (VOC) per day. An
				owner or operator of a facility whose emissions are below this applicability
				threshold shall comply with the certification, recordkeeping, and reporting
				requirements of subdivision 13.7.1.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-14 - Fabric Coating

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				Applicability.
14.1.1. This section 14.
				applies to any fabric coating operation.
14.1.2. This section 14. does not apply to
				any coating operation within a facility whose actual emissions without control
				devices from all fabric coating operations within the facility are less than
				6.8 kilograms (kg) (15 pounds [lb]) volatile organic compound (VOC) per day. An
				owner or operator of a facility whose emissions are below this applicability
				threshold shall comply with the certification, recordkeeping, and reporting
				requirements of subdivision 14.7.1.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-15 - Vinyl Coating

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				Applicability.
15.1.1. This section 15.
				applies to any vinyl coating line.
15.1.2. This section 15. does not apply to
				any coating line within a facility whose actual emissions without control
				devices from all vinyl coating lines within the facility are less than 6.8
				kilograms (kg) (15 pounds [lb]) volatile organic compound (VOC) per day. An
				owner or operator of a facility whose emissions are below this applicability
				threshold shall comply with the certification, recordkeeping, and reporting
				requirements of subdivision 15.7.1.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-16 - Coating of Metal Furniture

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				Applicability.
16.1.1. This section 16.
				applies to any metal furniture coating line.
16.1.2. This section 16. does not apply to
				any coating line within a facility whose actual emissions without control
				devices from all metal furniture coating lines within the facility are less
				than 6.8 kilograms (kg) (15 pounds [lb]) volatile organic compound (VOC) per
				day. An owner or operator of a facility whose emissions are below this
				applicability threshold shall comply with the certification, recordkeeping, and
				reporting requirements of subdivision 16.7.1.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-17 - Coating of Large Appliances

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1.
				Applicability.
17.1.1. This section 17.
				applies to any large appliance coating line.
17.1.2. This section 17. does not apply to:
17.1.2.a. Any coating line within a facility
				whose actual emissions without control devices from all large appliance coating
				lines within the facility are less than 6.8 kilograms (kg) (15 pounds [lb])
				volatile organic compound (VOC) per day; or,
17.1.2.b. The use of quick-drying lacquers
				for repair of scratches and nicks that occur during assembly, provided that the
				volume of coating does not exceed 0.95 liter (L) (0.25 gallon [gal]) in any one
				8-hour period.
17.1.3.
				An owner or operator of a facility whose emissions are below this applicability
				threshold shall comply with the certification, recordkeeping, and reporting
				requirements of subdivision 17.7.1.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-18 - Coating of Magnet Wire

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1.
				Applicability.
18.1.1. This section 18.
				applies to any magnet wire coating line.
18.1.2. This section 18. does not apply to
				any coating line within a facility whose emissions without control devices from
				all magnet wire coating lines within the facility are less than 6.8 kilograms
				(kg) (15 pounds [lb]) volatile organic compound (VOC) per day. An owner or
				operator of a facility whose emissions are below this applicability threshold
				shall comply with the certification, recordkeeping, and reporting requirements
				of subdivision 18.7.1.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-19 - Coating of Miscellaneous Metal Parts

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1.
				Applicability.
19.1.1. This section 19.
				applies to any miscellaneous metal parts and products coating line.
19.1.2. This section 19. does not apply to
				the coating of the following metal parts and products that are covered by other
				sections of this regulation:
19.1.2.a.
				Automobiles and light-duty trucks;
19.1.2.b. Metal cans;
19.1.2.c. Flat metal sheets and strips in the
				form of rolls or coils;
19.1.2.d.
				Magnet wire for use in electrical machinery;
19.1.2.e. Metal furniture; and
19.1.2.f. Large appliances.
19.1.3. This section 19. does not
				apply to:
19.1.3.a. Exterior of completely
				assembled aircraft;
19.1.3.b.
				Exterior of major aircraft subassemblies, if approved by the Secretary and the
				U.S. EPA;
19.1.3.c. Automobile and
				truck refinishing;
19.1.3.d.
				Customized top coating of automobiles and trucks, if production is less than 35
				vehicles per day;
19.1.3.e.
				Exterior of completely assembled marine vessels; or
19.1.3.f. Exterior of major marine vessel
				subassemblies if approved by the Secretary and the U.S. EPA.
19.1.4. The emission limits in
				this section 19. do not apply to any coating line within a facility whose
				actual emissions without control devices from all miscellaneous metal part and
				products coating lines within the facility are less than 6.8 kilograms (kg) (15
				pounds [lb]) volatile organic compound (VOC) per day. An owner or operator of a
				facility whose emissions are below this applicability threshold shall comply
				with the certification, recordkeeping, and reporting requirements of
				subdivision 19.7.1.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-20 - Coating of Flat Wood Paneling

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1.
				Applicability.
20.1.1. This section 20.
				applies to all flat wood paneling coating lines.
20.1.2. This section 20. does not apply to:
20.1.2.a. Any coating line within any
				facility whose actual emissions without control devices from all flat wood
				paneling coating lines within the facility are less than 6.8 kilograms (kg) (15
				pounds [lb]) volatile organic compound (VOC) per day; or
20.1.2.b. Class I hardwood panels, particle
				board used in furniture, insulation board, exterior siding, tileboard, and
				softwood plywood coating lines.
20.1.3. An owner or operator of a facility
				whose emissions are below the applicability threshold in paragraph 20.1.2.a.
				shall comply with the certification, recordkeeping, and reporting requirements
				of subsection 20.6.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-21 - Bulk Gasoline Plants

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1.
				Applicability.
21.1.1. This section 21.
				applies to all unloading, loading, and storage operations at bulk gasoline
				plants and to any tank truck delivering or receiving gasoline at a bulk
				gasoline plant.
21.1.2. The
				following are subject only to the requirements of paragraphs 21.2.3.g.,
				21.2.3.h., and 21.2.3.i.:
21.1.2.a. Any
				stationary storage tank of 2,082 liters (L) (550 gallons [gal]) capacity or
				less notwithstanding section 8.; or
21.1.2.b. Any bulk gasoline plant with an
				average daily throughput of gasoline of less than 15,000 L (4,000 gal) on a
				30-day rolling average provided that records are maintained according to the
				requirements in subdivision 21.4.1.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-23 - Gasoline Dispensing Facility-Stage I Vapor Recovery

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1.
				Applicability.
23.1.1. This section 23.
				applies to any gasoline dispensing facility and the appurtenant equipment
				necessary to a gasoline dispensing facility.
23.1.2. The following are subject only to
				paragraph 23.2.1.a.:
23.1.2.a. Any transfer
				made to a gasoline dispensing facility storage tank that is equipped with a
				floating roof or its equivalent that has been approved by the U.S.
				EPA;
23.1.2.b. Any stationary
				gasoline storage container with a capacity that is less than 2,080 liters (L)
				(550 gallons [gal]) that is used exclusively for the fueling of implements of
				husbandry;
23.1.2.c. Any stationary
				storage tank with a capacity of less than 7,600 L (2,000 gal) that was
				constructed prior to January 1, 1979; and
23.1.2.d. Any stationary storage tank with a
				capacity of less than 950 L (250 gal) that was constructed after December 31,
				1978.
23.1.3. Any
				gasoline dispensing facility with a throughput of less than 38,000 L (10,000
				gal) per month is subject only to the provisions of paragraph 23.2.1.a. and
				subsection 23.3.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-24 - Leaks from Gasoline Tank Trucks

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1.
				Applicability. -- This section 24. applies to any gasoline tank truck equipped
				for gasoline vapor collection. No exemptions are allowable based on number of
				gasoline tank trucks or total quantity of volatile organic compound (VOC)
				emissions.
24.2. Standards. -- Each
				owner or operator of a gasoline tank truck subject to this section 24. shall
				ensure that the gasoline tank truck:
24.2.1.
				Is a vapor-tight gasoline tank truck as demonstrated by Method 27 of Appendix A
				of 40 CFR Part 60.
24.2.2. Displays
				a sticker near the Department of Transportation Certification plate required by
				49 CFR 178.340-10 b, that:
24.2.2.a. Shows the
				date that the tank truck last passed the test required in subdivision
				24.2.1.;
24.2.2.b. Shows the
				identification number of the truck tank; and
24.2.2.c. Expires not more than 1 year from
				the date of the leak tight test.
24.2.3. Operates with hatches open only
				during measurement of product level or maintenance.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-25 - Petroleum Refinery Sources

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1.
				Applicability.
25.1.1. This section 25.
				applies to any vacuum-producing system, wastewater separator, and process unit
				turnaround at petroleum refinery sources. No exemptions are allowable based on
				size or throughput of a facility.
25.1.2. This section 25. does not apply to
				segregated storm water runoff drain systems or to non-contact cooling water
				systems.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-26 - Leaks from Petroleum Refinery Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1.
				Applicability.
26.1.1. This section 26.
				applies to all equipment in volatile organic compound (VOC) service in any
				process unit at a petroleum refinery, regardless of size or
				throughput.
26.1.2. The
				requirements of subsections 26.4. through 26.8. do not apply to:
26.1.2.a. Any equipment in vacuum
				service;
26.1.2.b. Any pressure
				relief valve that is connected to an operating flare header or vapor recovery
				device;
26.1.2.c. Any liquid pump
				that has a dual mechanical pump seal with a barrier fluid system;
26.1.2.d. Any compressor with a degassing
				vent that is routed to an operating VOC control device; and
26.1.2.e. Pumps and valves in heavy liquid
				service except that if evidence of a leak is found by visual, audible,
				olfactory, or other detection method, the owner or operator must confirm the
				presence of a leak using the methods specified in section 46. If a leak is
				confirmed, the owner or operator must repair the leak as specified in
				subsection 26.7.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-27 - Petroleum Liquid Storage in External Floating Roof Tanks

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1.
				Applicability.
27.1.1. This section 27.
				applies to any petroleum liquid storage tank that is equipped with an external
				floating roof and that has a capacity greater than 150,000 liters (L) (40,000
				gallons [gal]).
27.1.2. This
				section 27. does not apply to any petroleum liquid storage tank that:
27.1.2.a. Is used to store waxy, heavy pour
				crude oil;
27.1.2.b. Has a capacity
				less than 1,600,000 L (420,000 gal) and is used to store produced crude oil and
				condensate prior to lease custody transfer;
27.1.2.c. Contains a petroleum liquid with a
				maximum true vapor pressure less than 10.5 kiloPascals (kPa) (1.5 pounds per
				square inch atmospheric [psia]) provided that records are kept consistent with
				subdivision 27.5.2.;
27.1.2.d.
				Contains a petroleum liquid with a maximum true vapor pressure less than 27.6
				kPa (4.0 psia); and
27.1.2.d.1. Is of welded
				construction; and
27.1.2.d.2.
				Presently possesses a metallic-type shoe seal, a liquid-mounted foam seal, a
				liquid-mounted liquid-filled type seal, or other closure device of demonstrated
				equivalence approved by the Secretary and the U.S. EPA; or
27.1.2.e. Is of welded construction, equipped
				with a metallic-type shoe primary seal and has a secondary seal from the top of
				the shoe seal to the tank wall (shoe-mounted secondary seal).
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-28 - Petroleum Liquid Storage in Fixed Roof Tanks

Current through Register Vol. XLI, No. 28, July 12, 2024
28.1.
				Applicability.
28.1.1. This section 28.
				applies to any fixed roof petroleum liquid storage tank with a capacity greater
				than 150,000 liters (L) (40,000 gallons [gal]).
28.1.2. This section 28. does not apply to
				any petroleum liquid storage tank that:
28.1.2.a. Has a capacity of less than
				1,600,000 L (420,000 gal) and is used to store produced crude oil and
				condensate prior to lease custody transfer;
28.1.2.b. Is a horizontal underground storage
				tank used to store JP-4 jet fuel; or
28.1.2.c. Contains a petroleum liquid with a
				maximum true vapor pressure less than 10.5 kiloPascals (kPa) (1.5 pounds per
				square inch atmospheric [psia]), provided that records are maintained
				consistent with subdivision 28.5.2.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-29 - Leaks from Natural Gas/Gasoline Processing Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
29.1.
				Applicability.
29.1.1. This section 29.
				applies to all equipment in volatile organic compound (VOC) service in any
				process unit at any natural gas/gasoline processing facility.
29.1.2. This section 29. does not apply to:
29.1.2.a. Any equipment in vacuum
				service;
29.1.2.b. Any equipment in
				heavy liquid service; or
29.1.2.c.
				Wet gas reciprocating compressors in plants that do not have a VOC control
				device, such as a flare or a continuously burning process heater or
				boiler.
29.1.3. The
				equipment inspection requirements in subsection 29.4. do not apply to:
29.1.3.a. Any natural gas/gasoline processing
				facility with a design field gas capacity of less than
				2.8x105 standard cubic meters
				(10x106 standard cubic feet) per day that does not
				fractionate natural gas liquids;
29.1.3.b. Any pump with dual pump
				seals;
29.1.3.c. Any pressure
				relief valve that is connected to an operating flare header or vapor recovery
				device; or
29.1.3.d. Any compressor
				with a degassing vent that is routed to an operating VOC control
				device.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-30 - Solvent Metal Cleaning

Current through Register Vol. XLI, No. 28, July 12, 2024
30.1.
				Applicability. -- This section 30. applies to all solvent metal cleaning
				sources with the following exemptions:
30.1.1.
				Any open top vapor degreasing operation with an open area smaller than 1 square
				meter (m2) (10.8 square feet
				(ft2)) is exempt from subparagraphs 30.3.2.c.2. and
				30.3.2.c.4.; and,
30.1.2. Any
				conveyorized degreaser with an air/vapor interface smaller than 2.0
				m2 (21.5ft2) is exempt
				from paragraph 30.3.3.b..
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-31 - Cutback and Emulsified Asphalt

Current through Register Vol. XLI, No. 28, July 12, 2024
31.1.
				Applicability. -- This section 31. applies to the manufacture, mixing, storage,
				use, and application of cutback and emulsified asphalts. No exemptions are
				allowable based on the size or throughput of an operation.
31.2. Definitions. -- As used in this section
				31., all terms not defined herein shall have the meaning given them in section
				2.
31.2.1. "Asphalt" means a dark-brown to
				black cementitious material (solid, semisolid, or liquid in consistency) of
				which the main constituents are bitumens that occur naturally or are a residue
				of petroleum refining.
31.2.2.
				"Cutback asphalt" means asphalt cement that has been liquefied by blending with
				petroleum solvents (diluents). Upon exposure to atmospheric conditions, the
				diluents evaporate, leaving the asphalt cement to perform its
				function.
31.2.3. "Emulsified
				asphalt" means an emulsion of asphalt cement and water that contains a small
				amount of an emulsifying agent; it is a heterogeneous system containing two
				normally immiscible phases (asphalt and water) in which the water forms the
				continuous phase of the emulsion, and minute globules of asphalt form the
				discontinuous phase.
31.2.4. "Ozone
				season" means the calendar period beginning April 1 and ending October
				31.
31.2.5. "Penetrating prime
				coat" means an application of low-viscosity liquid asphalt to an absorbent
				surface. It is used to prepare an untreated base for an asphalt surface. The
				prime coat penetrates the base, plugs the voids, and hardens and helps bind the
				top to the overlying asphalt course. The penetrating prime coat also reduces
				the necessity of maintaining an untreated base course prior to placing the
				asphalt pavement.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-32 - Manufacture of Synthesized Pharmaceutical Products

Current through Register Vol. XLI, No. 28, July 12, 2024
32.1.
				Applicability. -- This section 32. applies to the following sources of volatile
				organic compounds (VOC) at all synthesized pharmaceutical manufacturing
				facilities:
32.1.1. Reactors;
32.1.2. Distillation operations;
32.1.3. Crystallizers;
32.1.4. Centrifuges;
32.1.5. Vacuum dryers;
32.1.6. Air dryers;
32.1.7. Production equipment exhaust
				systems;
32.1.8. Rotary vacuum
				filters and other filters;
32.1.9.
				In-process tanks; and
32.1.10.
				Leaks.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-34 - Graphic Arts Systems

Current through Register Vol. XLI, No. 28, July 12, 2024
34.1.
				Applicability.
34.1.1. This section 34.
				applies to any packaging rotogravure, publication rotogravure, or flexographic
				printing press at any facility whose maximum theoretical emissions of volatile
				organic compound (VOC) without control devices from all printing presses are
				greater than or equal to 90.7 megagrams (Mg) (100 tons) per year. An owner or
				operator of a facility whose emissions are below this applicability threshold
				shall comply with the certification, recordkeeping, and reporting requirements
				of subdivision 34.7.1.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-35 - Petroleum Solvent Dry Cleaners

Current through Register Vol. XLI, No. 28, July 12, 2024
35.1.
				Applicability.
35.1.1. This section 35.
				applies to petroleum solvent dry cleaning facilities.
35.1.2. Any petroleum solvent dry cleaning
				facility that consumes less than 123,000 liters (L) (32,500 gallons [gal]) of
				petroleum solvent per year is subject only to the requirements of subdivision
				35.5.1.
35.1.3. This section does
				not apply to facilities that use only perchloroethylene.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-37 - Leaks from Synthetic Organic Chemical, Polymer, and Resin Manufacturing Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
37.1.
				Applicability.
37.1.1. This section 37.
				applies to all equipment in volatile organic compound (VOC) service in any
				process unit at a synthetic organic chemical, polymer, and resin manufacturing
				facility.
37.1.1.a. A piece of equipment is
				not in VOC service if the VOC content of the process fluid can never be
				reasonably expected to exceed 10 percent by weight. For purposes of this
				demonstration, the following methods and procedures shall be used:
37.1.1.a.1. Procedures that conform to the
				general methods in ASTM E260, E168, and E169 shall be used to determine the
				percent VOC content in the process fluid that is contained in or contacts a
				piece of equipment;
37.1.1.a.2.
				Organic compounds that are considered by the U.S. EPA to have negligible
				photochemical reactivity may be excluded from the total quantity of organic
				compounds in determining the VOC content of the process fluid; and
37.1.1.a.3. Engineering judgment may be used
				to estimate the VOC content, if a piece of equipment had not been shown
				previously to be in VOC service. If the Secretary disagrees with the judgment,
				subparagraphs 37.1.1.a.1. and 37.1.1.a.2. shall be used to resolve the
				disagreement.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-38 - Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins

Current through Register Vol. XLI, No. 28, July 12, 2024
38.1.
				Applicability.
38.1.1. This section 38.
				applies to the following process sections at facilities engaged in the
				manufacture of high-density polyethylene, polypropylene, and polystyrene:
38.1.1.a. For the manufacture of high-density
				polyethylene using a liquid-phase slurry process: each material recovery
				section and each product finishing section;
38.1.1.b. For the manufacture of
				polypropylene using a liquid-phase process: each polymerization reaction
				section, each material recovery section, and each product finishing section;
				and
38.1.1.c. For the manufacture
				of polystyrene using a continuous process: each material recovery
				section.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-39 - Air Oxidation Processes in the Synthetic Organic Chemical Manufacturing Industry

Current through Register Vol. XLI, No. 28, July 12, 2024
39.1.
				Applicability.
39.1.1. This section 39.
				applies to the following air oxidation facilities in the synthetic organic
				chemical manufacturing industry:
39.1.1.a.
				Each air oxidation reactor not discharging its vent stream into a recovery
				system;
39.1.1.b. Each combination
				of an air oxidation reactor and the recovery system into which its vent stream
				is discharged; and
39.1.1.c. Each
				combination of two or more air oxidation reactors and the common recovery
				system into which their vent streams are discharged.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-40 - Other Facilities that Emit Volatile Organic Compound (VOC)

Current through Register Vol. XLI, No. 28, July 12, 2024
40.1.
				Applicability.
40.1.1. This section 40.
				applies to any facility that has aggregate maximum theoretical emissions of
				90.7 megagrams (mg) (100 tons) or more of volatile organic compounds (VOCs) per
				calendar year in the absence of control devices; provided that this section 40.
				applies to any source or sources within such facility other than those sources
				subject to regulation under sections 11. through 39. VOC emissions from sources
				regulated under sections 11. through 39., but which fall below the
				applicability thresholds of these sections, and thus are not subject to the
				emissions control standards of these sections, shall be included in the
				determination of maximum theoretical emissions for a facility but shall not be
				subject to the requirements of this section 40. Emissions from sources listed
				in subdivision 40.1.4. shall not be included in the determination of maximum
				theoretical emissions for a facility.
40.1.2. The owner or operator of a coating
				line or operation, whose emissions are below this applicability threshold,
				shall comply with the certification, recordkeeping, and reporting requirements
				of subdivision 40.6.1.
40.1.3. The
				owner or operator of a non-coating source, whose emissions are below this
				applicability threshold, shall comply with the certification, recordkeeping,
				and reporting requirements of subdivision 40.6.2.
40.1.4. The requirements of this section 40.
				shall not apply to coke ovens (including by-product recovery plants), fuel
				combustion sources, barge loading facilities, jet engine test cells, vegetable
				oil processing facilities, wastewater treatment facilities, iron and steel
				production, surface impoundments, pits; and boilers, industrial furnaces, and
				incinerators having a destruction efficiency of 95 percent or
				greater.
40.1.5. The requirements
				of this section 40. shall not apply to any facility bound by an order or
				permit, enforceable by the Secretary, which limits the facility's emissions to
				less than 100 tons of VOC per calendar year without the application of control
				devices.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-42 - Test Methods and Compliance Procedures: Determining the Volatile Organic Compound (VOC) Content of Coatings and Inks

Current through Register Vol. XLI, No. 28, July 12, 2024
42.1. Sampling
				procedures shall follow the guidelines presented in:
42.1.1. ASTM D3925: Standard practice for
				sampling liquid paints and related pigment coatings; or
42.1.2. ASTM E300: Standard practice for
				sampling industrial chemicals.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-44 - Test Methods and Compliance Procedures: Emission Capture and Destruction or Removal Efficiency and Monitoring Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
44.1. Determining
				the efficiency of volatile organic compound (VOC) capture systems.
44.1.1. Definitions and abbreviations. -- For
				purposes of this section 44., the following definitions and abbreviations
				apply:
44.1.1.a. "Gas/gas method" means either
				of two methods for determining capture which rely only on gas phase
				measurements. One method requires construction of a temporary total enclosure
				(TTE) to assure all potential fugitive emissions are measured while the other
				method uses the room or building which houses the source as an
				enclosure.
44.1.1.b. "Hood" means a
				partial enclosure or canopy for capturing and exhausting, by means of a draft,
				the organic vapors or other fumes rising from a coating process or other
				source.
44.1.1.c. "Liquid/gas
				method" means either of two methods for determining capture which require both
				gas phase and liquid phase measurements and analysis. One liquid/gas method
				requires construction of a temporary total enclosure, the other uses the
				building or room which houses the facility as an enclosure.
44.1.1.d. "Process line" means any coating
				line, coating operation, or printing press.
44.1.1.e. "PTE" is a permanent total
				enclosure, which contains a process that emits VOC and meets the specifications
				given in Procedure T in Appendix A of this regulation.
44.1.1.f. "TTE" is a temporary total
				enclosure which is built around a process that emits VOC and meets the
				specifications given in Procedure T in Appendix A of this regulation.
44.1.1.g. "BE" is a building or room
				enclosure that contains a process that emits VOC. If a BE is to substitute for
				a PTE or TTE, the appropriate requirements given in Procedure T in Appendix A
				of this regulation shall be met.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-45 - Test Methods and Compliance Procedures: Determining the Destruction or Removal Efficiency of a Control Device

Current through Register Vol. XLI, No. 28, July 12, 2024
45.1. Depending
				upon the conditions at a test site, one of the following test methods from 40
				CFR Part 60, Appendix A, shall be used to determine volatile organic compound
				(VOC) concentrations of a gas stream at the inlet and outlet of a control
				device:
45.1.1. Method 18;
45.1.2. Method 25; or
45.1.3. Method 25A.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-46 - Test Methods and Compliance Procedures: Leak Detection Methods for Volatile Organic Compounds (VOCs)

Current through Register Vol. XLI, No. 28, July 12, 2024
46.1. Owners or
				operators required to carry out a leak detection monitoring program shall
				comply with the following requirements:
46.1.1. Monitoring shall be performed in
				accordance with Method 21 of 40 CFR Part 60, Appendix A.
46.1.2. The detection instrument shall meet
				the performance criteria of Method 21.
46.1.3. The detection instrument shall be
				calibrated before and after use on each day of its use by the methods specified
				in Method 21. Failure to achieve a post-use calibration precision of 10 percent
				or less shall constitute grounds for rejecting all tests performed since the
				last pre-use calibration. In such cases, required leak tests shall be
				reperformed.
46.1.4. Calibration
				gases shall be:
46.1.4.a. Zero air (less than
				10 parts per million [ppm] of hydrocarbon in air); and
46.1.4.b. A mixture of methane or n-hexane
				and air at a concentration of approximately, but less than, 10,000 ppm methane
				or n-hexane.
46.1.5. The
				detection instrument probe shall be traversed around all potential leak
				interfaces as close to the interface as possible as described in Method
				21.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-47 - Performance Specifications for Continuous Emissions Monitoring of Total Hydrocarbons

Current through Register Vol. XLI, No. 28, July 12, 2024
47.1.
				Applicability.
47.1.1. This method applies to
				the measurement of total hydrocarbons as a surrogate measure for the total
				gaseous organic concentration of the combustion gas stream. The concentration
				is expressed in terms of propane.
47.1.2. The Secretary and the U.S. EPA may
				approve the use of gas conditioning, including cooling to between 4.4 and
				18°C (40 and 64°F), and condensate traps to reduce the moisture content
				of the sample gas if the owner/operator:
47.1.2.a. Successfully demonstrates to the
				Secretary and the U.S. EPA that the use of such system is necessary for the
				specific application; and
47.1.2.b.
				Includes in the demonstration a quantification of the total hydrocarbon
				concentration (THC) lost to the gas conditioning system.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-48 - Quality Control Procedures for Continuous Emission Monitoring Systems (CEMS)

Current through Register Vol. XLI, No. 28, July 12, 2024
48.1. CEMS
				quality control (QC) program. -- Each owner or operator of a CEMS shall develop
				and implement a CEMS QC program. At a minimum, each QC program shall include
				written procedures that describe in detail step-by-step procedures and
				operations for each of the following:
48.1.1.
				Initial and routine periodic calibration of the CEMS.
48.1.2. Calibration drift (CD) determination
				and adjustment of the CEMS.
48.1.3.
				Preventative maintenance of the CEMS (including spare parts
				inventory).
48.1.4. Data recording,
				calculations, and reporting.
48.1.5. Accuracy audit procedures including
				sampling and analysis methods.
48.1.6. Program of corrective action for
				malfunctioning CEMS.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-49 - Inconsistency between rules

Current through Register Vol. XLI, No. 28, July 12, 2024
49.1. In the event
				of any inconsistency between this rule and any other rule of the Division of
				Air Quality, the inconsistency shall be resolved by the determination of the
				Secretary and the 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 45-22 - Air Quality Management Fee Program › Section 45-22-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes a program to collect fees for certificates to operate and for
				permits to construct, modify or relocate sourc­es of air pollution.
				Funds collected from these fees will be used to supplement the Director's
				budget for the purpose of maintaining an effective air quality management
				program.
1.2. Authority. -- W. Va.
				Code '22-5-1
				et seq.
1.3. Filing Date. -- May 6,
				1991.
1.4. Effective Date. -- May
				6, 1991.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-22 - Air Quality Management Fee Program › Section 45-22-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Air
				Pollution"
				has the meaning ascribed to it in W. Va. Code '22-5-2.
2.2. "Chemical Processing Unit" has the
				meaning described in 45CSR27.
2.3.
				[RESERVED]
2.4. "Completed
				Application" means an application submitted with the appropriate fee paid to
				the Director and which contains all of the information required by the Director
				to determine whether a permit or certificate should be issued or denied by the
				Director.
2.5. "Director" means the
				Director of the West Virginia Division of Environmental Protection or such
				other person to whom the Director has delegated authority or duties pursuant to
				W. Va. Code '22-1-6
				or '22-1-8.
2.6. "Emissions Unit"
				has the meaning described in 45CSR14.
2.7. "Major Modification"; "Major
				Modification for Ozone" have the meanings described in 45CSR14 and
				45CSR19.
2.8. "Major Stationary
				Source"; "Major Stationary Source for Ozone" have the meanings described in
				45CSR14 and 45CSR19.
2.9.
				"Modification" has the mean­ings described in 45CSR13 and 45CSR27.
2.10. "NESHAPs" means National
				Emission Standards for Hazardous Air Pollutants as described in
				45CSR15.
2.11. "Nonattainment
				Review/Bubble Concept" has the meanings as described in 45CSR19.
2.12. "NSPS" means New Source Performance
				Standards as described in 45CSR16.
2.13. "Person" means any and all persons,
				natural or artificial, including the State of West Virginia or any other state
				and all agencies or divisions thereof, any state political subdivision, the
				United States of America, any municipal, public, statutory, or private
				corporation or association organized or existing under the laws of this or any
				other state or country, and any firm, partnership, or association of whatever
				nature.
2.14. "Process Unit" means
				components assembled to produce any chemical as a final or intermediate
				product. A process unit can operate independently if supplied with sufficient
				utilities, feed or raw materials and sufficient storage facilities for the
				product.
2.15. "PSD" means
				Prevention of Significant Deterioration, as described in 45CSR14.
2.16. "Source", "Stationary Source", and
				"Plant" means all of the pollutant-emitting activities which belong to the same
				industrial grouping, are located on one or more contiguous or adjacent
				properties, and are under the control of the same person (or persons under
				common control). Pollutant-emitting activities shall be considered as part of
				the same industrial grouping if they belong to the same "major group" (i.e.,
				which have the same two-digit code) as described in the Standard Industrial
				Classification Manual, 1972, as amended.
2.17. "Toxic Air Pollutant" has the meaning
				described in 45CSR27.