West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-13 - Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Admin. Updates, Temporary Permits, General Permits, Permission to Commence Contruction and Procedures for Evaluation › Section 45-13-5 - Permit Application and Reporting Requirements for Construction of and Modifications to Stationary Sources

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. No person shall cause, suffer, allow or
				permit the construction or modification or relocation and operation of any
				stationary source to be commenced without notifying the Secretary of such
				intent and obtaining a permit to construct, modify, relocate and operate the
				stationary source as required in this rule or any other applicable rule
				promulgated by the Secretary. Construction of a major stationary source or a
				major modification shall be subject to the pre-construction permit requirements
				of 45CSR14 or 45CSR19 depending upon the air pollutants involved and the
				attainment status of the area in which the source or modification would occur.
				A source subject to 45CSR14 or 45CSR19 is not subject to the requirements of
				this rule. For the purposes of this rule, the following do not constitute
				activities pursuant to subsections 2.4 and 2.5, and prior to obtaining a permit
				to construct, modify, relocate and operate, a source may:
5.1.a. Clear land;
5.1.b. Grub stumps, roots and other natural
				impediments to site development;
5.1.c. Excavate, grade and compact topsoil to
				establish temporary and final grade;
5.1.d. Dig and construct foundations and/or
				caissons and grade beams;
5.1.e.
				Demolish existing structures, provided that all activity must comply and
				comport with all existing State rules and federal regulations including, but
				not limited to, asbestos requirements pursuant to 45CSR34, applicable National
				Emission Standards for Hazardous Air Pollutants pursuant to section 112 of the
				Clean Air Act, applicable requirements of the Resource Conservation and
				Recovery Act (
				42 U.S.C. §
											6901 et seq.), and the West Virginia Solid
				Waste Management Act, W. Va. Code §
										22-15-1,
				et seq and the rules promulgated thereunder, including 45CSR25;
5.1.f. Upgrade the utility support
				facilities, provided that in no instance shall these upgrades cause or
				contribute to new or increased emissions unto themselves or increase emissions
				from any other unit;
5.1.g.
				Construct or modify structures which are strictly office buildings, warehouses
				or buildings that could potentially be used for those purposes;
5.1.h. Order equipment and procure supplies
				with which an emissions unit could be composed, provided that such ordering and
				procuring is not in violation of any other state rule; or
5.1.i. Receive or store on-site or off-site
				any equipment or supplies which make up in part or in whole an emission unit or
				any support equipment, facilities, building or structure. A source may store
				on-site any equipment, supplies, emission unit or any support equipment on its
				permanent pad or foundation or at any other location at the stationary
				source.