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 45-13 - 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 45-13-16 - Application for Permission to Commence Construction in Advance of Permit Issuance

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. With
				respect to the modifications of non-major stationary sources, or modifications
				which are not major modifications to existing major stationary sources, any
				person who holds an active West Virginia air quality permit issued under this
				rule at an existing source, and who has applied for permission to alter, expand
				or modify that source or to allow a new emissions unit at that source, may
				begin the construction of any such alteration, expansion, modification or new
				emission unit in advance of permit issuance in accordance with this section.
				The person may not operate any altered, expanded, modified or new emission unit
				without first obtaining an air quality permit as required by this
				rule.
16.2. Eligibility
				requirements. The following sources are ineligible for permission to commence
				construction in advance of permit issuance:
16.2.a. Sources subject to the "Federal Clean
				Air Act" subsections 112(g) or 112(j).
16.2.b. Sources seeking federally enforceable
				permit conditions in order to avoid otherwise applicable standards.
16.2.c. Sources requiring a specific
				case-by-case emission limitation or standard under 45CSR21 or
				45CSR27.
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 › Table 45-13A

Current through Register Vol. XLI, No. 28, July 12, 2024
Pollutant
Potential Emission Rate
pounds/year
Acrylonitrile
							 .........................................................................
.............500
Allyl
							 Chloride........................................................................
.............10,000
Arsenic Compounds
							 (Inorganic)........................................................................
.............200
Asbestos.........................................................................
.............14
Benzene........................................................................
.............1,000
Beryllium........................................................................
.............0.8
1,3
							 Butadiene........................................................................
.............500
Carbon
							 Tetrachloride........................................................................
.............1,000
Chloroform........................................................................
.............1,000
Ethylene
							 Dichloride........................................................................
.............1,000
Ethylene
							 Oxide........................................................................
.............500
Formaldehyde........................................................................
.............1,000
Lead or lead
							 compounds...................................................................
.............1,200
Mercury........................................................................
.............200
Methylene
							 Chloride........................................................................
.............5,000
Propylene
							 Oxide........................................................................
.............5,000
Trichloroethylene........................................................................
.............10,000
Vinyl
							 Chloride........................................................................
.............1,000
Vinylidene
							 Chloride........................................................................
.............2,000
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-13A - The Permitting Of Research And Development (RAndD) Activities Under 45CSR13 › Section 45-13A-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				purpose of this rule is to provide guidance and clarification regarding the
				permitting of Research and Development (R&D) activities under 45CSR13 while
				ensuring compliance with all applicable requirements and at the same time
				providing operational flexibility.
1.2. Authority. -- W. Va. Code §
									22-5-1
				et seq. and WV 45CSR13.
1.3. Filing
				Date. -- February 28, 2002.
1.4.
				Effective Date. -- March 30, 2002.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-13A - The Permitting Of Research And Development (RAndD) Activities Under 45CSR13 › Section 45-13A-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Research and
				Development (R&D) Activities" means activities the primary purpose of which
				is at least one of the following:
2.1.a. To
				evaluate process changes in connection with pollution prevention efforts
				(including improved process efficiencies);
2.1.b. To develop data for correction of
				manufacturing facility operational problems and customer product quality
				concerns;
2.1.c. To produce
				products for commercial sale for the purpose of customer evaluation, market
				development or testing, provided that such activity is not the principal
				purpose of the facility; or
2.1.d.
				To conduct "scale-up" from laboratory or bench-scale studies for the purpose of
				collecting information and data for engineering and design of a commercial
				facility.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-13A - The Permitting Of Research And Development (RAndD) Activities Under 45CSR13 › Section 45-13A-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Emissions from
				laboratory facilities associated with R&D activities shall not be
				considered R&D activities subject to this rule. Such emissions shall be
				subject to the provisions of 45CSR13B.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-13A - The Permitting Of Research And Development (RAndD) Activities Under 45CSR13 › Section 45-13A-4 - Activities Exempt from Permitting

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. R&D activities shall be exempt from
				permitting requirements under 45CSR13, provided the following terms and
				conditions are met:
4.1.a. The R&D
				activities do not result in any new or increased actual emissions of regulated
				pollutants or the applicability of any new requirements; nor do such activities
				constitute a "major modification" under 45CSR14 or 45CSR19; or
4.1.b. The R&D activities have new or
				increased actual emissions of regulated pollutants and meet one of the
				following criteria:
4.1.b.1. The R&D
				activities do not increase actual emissions more than 6 pounds per hour or 2
				tons per year of a criteria pollutant;
4.1.b.2. The R&D activities do not
				increase actual emissions more than 2 pounds per hour or 1 ton per year of
				aggregated hazardous air pollutants (HAPs), including any new or different
				HAPs; provided that the new or different HAPs do not result in the
				applicability of any new or revised requirements; or
4.1.b.3. The R&D activities do not
				increase actual emissions of toxic air pollutants more than the amounts listed
				in subdivisions 2.17.c and 2.17.d of 45CSR13.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-13A - The Permitting Of Research And Development (RAndD) Activities Under 45CSR13 › Section 45-13A-5 - Effect on Other Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. For
				application of the exemptions for particulate matter and mineral acids provided
				by section 10 of 45CSR7 and of the exemptions for sulfur dioxide provided by
				section 4 of 45CSR10, actual emissions from R&D activities will be regarded
				the same as potential to emit.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-13B - The Permitting Of Laboratory Facilities Under 45CSR13 › Section 45-13B-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- It
				is the purpose of this rule to provide guidance and clarification regarding the
				permitting of laboratory facilities under 45CSR13, while ensuring compliance
				with all applicable requirements and at the same time providing operational
				flexibility.
1.2. Authority. -- W.
				Va. Code §
									22-5-1
				et seq. and WV 45CSR13.
1.3. Filing
				Date. -- February 28, 2002.
1.4.
				Effective Date. -- March 30, 2002.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-13B - The Permitting Of Laboratory Facilities Under 45CSR13 › Section 45-13B-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Bench-scale
				laboratory equipment" means:
2.1.a.
				Bench-scale laboratory testing equipment and quality control testing equipment
				used exclusively for chemical or physical analysis, including vacuum-producing
				devices;
2.1.b. Activities
				associated with the equipment or devices described in subdivision 2.1.a,
				including sample preparation, handling, and disposal activities; or
2.1.c. Laboratory process emission sources
				conducted at private, public or vocational educational institutions, where the
				emissions are the result of teaching or training exercises, and the institution
				is not generally engaged in the manufacture of products for commercial
				sale.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-13B - The Permitting Of Laboratory Facilities Under 45CSR13 › Section 45-13B-3 - Facilities Exempt from Permitting

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Facilities defined as "bench-scale
				laboratory equipment" under subsection 2.1 shall be exempt from permitting
				requirements under 45CSR13 as de minimus sources included in No. 7 of Table
				45-13B of 45CSR13.
3.2. The owner
				or operator of bench-scale research and development equipment designed to have
				a total input of no more than twenty-five (25) pounds of material which could
				be emitted into the air (excluding water, steam, nitrogen, hydrogen, oxygen,
				and chemicals which are not capable of being emitted as regulated air
				pollutants under 45CSR13) per any calendar day, including vacuum-producing
				devices, and any associated devices to capture and collect emissions from any
				such equipment or devices, shall be exempt from permitting requirements under
				45CSR13. A demonstration of eligibility for this exemption shall be made by the
				owner or operator of such equipment in the following manner:
3.2.a. Make a case-specific demonstration of
				eligibility describing how total input of materials will be determined, which
				demonstration may include limitations on operating practices, training,
				engineering or administrative controls; or
3.2.b. Make an alternative demonstration of
				eligibility describing how total input of materials will be determined, which
				demonstration may include the kind of limitations and controls described in
				subdivision 3.2.a.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-13B - The Permitting Of Laboratory Facilities Under 45CSR13 › Section 45-13B-4 - Additional Facilities Exempt from Permitting

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The owner or operator of a laboratory
				that does not qualify for the exemption set forth in section 3 shall be exempt
				from the permitting requirements under 45CSR13 provided the owner or operator
				meets all of the following conditions:
4.1.a.
				Laboratory activities shall be conducted in accordance with a written Good
				Laboratory Practices Plan, developed and implemented by the source, which sets
				forth procedures, equipment, and work practices which (with respect to
				regulated air pollutants):
4.1.a.1. Are
				capable of protecting the environment from activities occurring at that
				particular operation;
4.1.a.2.
				Include standard operating procedures relevant to environmental considerations
				to be followed when research and development work involves the emission of
				regulated air pollutants; and
4.1.a.3. Include, where appropriate, the
				following control measures that will be used to minimize the emission of
				regulated air pollutants:
4.1.a.3.A.
				Procedures to mini-mize emissions of regulated air pollutants from equipment
				vents;
4.1.a.3.B. Procedures to
				minimize emissions of regulated air pollutants from equipment leaks;
4.1.a.3.C. Containers which have the
				potential to emit regulated air pollutants shall be kept closed when not in
				use; and
4.1.a.3.D. Procedures to
				estimate and record the actual emissions of regulated air pollutants, including
				supporting calculations and the date and duration of emissions, unless
				alternative procedures are approved in writing by the Secretary;
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-13B - The Permitting Of Laboratory Facilities Under 45CSR13 › Section 45-13B-5 - Effect on Other Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. For
				application of the exemptions for particulate matter and mineral acids provided
				by section 10 of 45CSR7 and of the exemptions for sulfur dioxide provided by
				section 4 of 45CSR10, actual emissions will be regarded the same as potential
				to emit.
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 45-14-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes and adopts a preconstruction permit program in accordance with
				the policy of §101(b)(1) of the Clean Air Act (CAA), the purposes of
				§160 of the CAA, and the prevention of significant deterioration of air
				quality requirements of
				40 CFR
				§
										51.166. Preconstruction permits issued
				pursuant to this rule shall contain emission limitations and such other
				measures as may be necessary for the prevention significant deterioration of
				air quality. This rule provides:
1.1.a. A
				mechanism to ensure that economic growth will occur in harmony with the
				preservation of existing clean air resources; to prevent the development of any
				new non-attainment problems; to protect the public health and welfare from any
				adverse effects which might occur even at air quality levels better than the
				National Ambient Air Quality Standards; and to preserve, protect, and enhance
				the air quality in areas of special natural, recreational, scenic, or historic
				value. It is the intent of the Secretary to register and evaluate sources of
				air pollutants and to preclude the construction or relocation of any major
				stationary source or major modification in any area classified as attaining
				National Ambient Air Quality Standards or unclassifiable in which the
				establishment of such source or modification may interfere with the goals of
				the prevention of significant deterioration of air quality levels;
				and
1.1.b. A method to
				quantitatively define significant deterioration of air quality with respect to
				the desired degree of preservation of air quality for various areas and to set
				forth procedures for registration and reporting, and the criteria for obtaining
				a permit to construct or relocate a major stationary source or make a major
				modification to a stationary source within a designated attainment or
				unclassified area of the State of West Virginia. Such construction,
				modification, or relocation without such a permit is a 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 45-14 - Permits for Construction and Major Modification of Major Stationary Sources for the Prevention of Significant Deterioration of Air Quality › Section 45-14-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Actual
				emissions" means the actual rate of emissions of a pollutant from an emissions
				unit, as described below, except that this definition shall not apply for
				calculating whether a significant emissions increase has occurred, or for
				establishing a plant-wide applicability limitation (PAL) under section 25.
				Instead, subsections 2.63 and 2.8 shall apply for those purposes.
2.1.a. In general, actual emissions as of a
				particular date shall equal the average rate, in tons per year, at which the
				unit actually emitted the pollutant during a consecutive 24-month period which
				precedes the particular date and which is representative of normal source
				operation. The Secretary may allow the use of a different time period upon a
				determination that it is more representative of normal source operation. Actual
				emissions shall be calculated using the unit's actual operating hours,
				production rates, and types of materials processed, stored or combusted during
				the selected time period.
2.1.b.
				The Secretary may presume that source-specific allowable emissions for the unit
				are equivalent to the actual emissions of the unit.
2.1.c. For any emissions unit which has not
				begun normal operations on the particular date, actual emissions shall equal
				the potential to emit of the unit on that date.
2.1.d. For an electric utility steam
				generating unit (other than a new unit or the replacement of an existing unit)
				actual emissions of the unit following the physical or operational change shall
				equal the representative actual annual emissions of the unit following the
				physical or operational change, provided the source owner or operator maintains
				and submits to the Secretary, on an annual basis for a period of five (5) years
				from the date the unit resumes regular operation, information demonstrating
				that the physical or operational change did not result in an emissions
				increase. A longer period, not to exceed ten (10) years, may be required by the
				Secretary if he or she determines such a period to be more representative of
				normal source operations following the physical or operational
				change.
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 45-14-4 - Ambient Air Quality Increments and Ceilings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. No increases in pollutant concentrations
				over the baseline concentrations are allowed in excess of those listed below:
Maximum Allowable Pollutant Concentration Increase
							 over Baseline Concentration (µg/m3)
Class I Areas
Particulate matter:
PM2.5, Annual arithmetic
							 mean1
PM2.5, 24-hour maximum2
PM10, Annual arithmetic
							 mean4
PM10, 24-hour maximum8
Sulfur dioxide:
Annual arithmetic mean2
24-hour maximum5
3-hour maximum 25
Nitrogen dioxide:
Annual arithmetic mean2.5
Class II Areas
Particulate matter:
PM2.5, Annual arithmetic
							 mean4
PM2.5, 24-hour maximum9
PM10, Annual arithmetic
							 mean17
PM10, 24-hour maximum30
Sulfur dioxide:
Annual arithmetic mean20
24-hour maximum 91
3-hour maximum 512
Nitrogen dioxide:
Annual arithmetic mean25
Class III
Particulate matter:
PM2.5, Annual arithmetic
							 mean8
PM2.5, 24-hour
							 maximum18
PM10, Annual arithmetic mean
							 34
PM10, 24-hour maximum
							 60
Sulfur dioxide:
Annual arithmetic mean40
24-hour maximum 182
3-hour maximum 700
Nitrogen dioxide:
Annual arithmetic mean50
4.2.
				For any period other than an annual period, the applicable maximum allowable
				increase may be exceeded during one (1) such period per year at any one
				location.
4.3. No pollutant
				concentration shall exceed any primary or secondary air quality standard
				promulgated:
4.3.a. by the Secretary;
				or
4.3.b. by the US EPA.
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 45-14-5 - Area Classification

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Dolly Sods Wilderness Area and Otter Creek Wilderness Area are designated as
				Class I Areas;
5.2. The Spruce
				Knob-Seneca Rocks National Recreational Area, the Cranberry National
				Wilderness, and the New River Gorge National Scenic River are designated as
				Class II Areas; and
5.3. The
				remainder of the State of West Virginia is designated as a Class II
				Area.
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 45-14-6 - Prohibition of Dispersion Enhancement Techniques

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The use of stack heights which exceed
				good engineering practice or any dispersion techniques to reduce the
				concentration of any air pollutant and thereby affect the degree of emission
				limitation required is prohibited, unless a stack existed or dispersion
				technique was implemented before December 31, 1970.
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 45-14-7 - Registration, Reporting and Permit Requirements for Major Stationary Sources and Major Modifications

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. No
				person shall allow the construction or relocation of any major stationary
				source or a major modification to be commenced in any area designated as
				attainment or unclassifiable under §107 of the CAA, without notifying the
				Secretary of such intent and obtaining a permit(s) to construct, modify or
				relocate the major stationary source or major modification prior to beginning
				actual construction or modification (as defined by subsection 2.10). If the
				area in which such source would be constructed or the area in which such
				modification would occur is designated as nonattainment under §107 of the
				CAA, as amended, for any pollutant which the source or modification would emit
				in significant amounts (as defined in 45CSR19), the source or modification
				shall meet all requirements of 45CSR19 for that pollutant and shall not be
				subject to the requirements of this rule for that pollutant.
7.2. The owner or operator of the source
				shall file with the Secretary a timely and complete permit application
				containing sufficient information as, in the judgment of the Secretary, will
				enable the Secretary to determine whether such source construction,
				modification, or relocation will be in conformance with the provisions of any
				applicable rule of the Division of Air Quality in addition to the requirements
				of this rule. Such information may include, but is not limited to:
7.2.a. A description of the nature, location,
				design capacity, and typical operating schedule of the source or modification,
				including specifications and drawings showing its design and plant
				layout;
7.2.b. A detailed schedule
				for construction of the source or modification;
7.2.c. A detailed description as to what
				system of continuous emission reduction is planned by the source or
				modification, emission estimates, and any other information as necessary to
				determine that best available control technology as applicable would be
				applied;
7.2.d. The air quality
				impact of the source or modification, including meteorological and
				topographical data necessary to estimate such impact; and
7.2.e. The air quality impacts and the nature
				and extent of any or all general commercial, residential, industrial, and other
				growth which has occurred since August 7, 1977, in the area the source or
				modification would affect.
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 45-14-8 - Control Technology Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any person proposing to construct or
				relocate a major stationary source or major modification shall meet each
				applicable emissions limitation promulgated by the Secretary and any applicable
				emissions standard or standard of performance under 40 CFR Parts 60, 61 and 63,
				incorporated by reference into State law in 45CSR16 and 45CSR34.
8.2. Any person proposing to construct a new
				major stationary source shall apply best available control technology for each
				regulated NSR pollutant that it would have the potential to emit in significant
				amounts.
8.3. Any person proposing
				a major modification of a stationary source shall apply best available control
				technology for each regulated NSR pollutant for which such proposed major
				modification would cause a significant net emissions increase from such source.
				This requirement applies to each proposed emissions unit at which a net
				emissions increase in the pollutant would occur as a result of a physical
				change or change in the method of operation in the unit.
8.4. For any proposed construction of a major
				stationary source or major modification which is a phased construction project,
				the determination of best available control technology shall be reviewed and
				modified as appropriate at the last reasonable time which occurs no later than
				eighteen (18) months prior to commencement of construction of each independent
				phase of the project. At such time, the Secretary may require the owner or
				operator of the applicable stationary source to demonstrate the adequacy of any
				previous determination of best available control technology for the
				source.
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 45-14-9 - Requirements Relating to the Source's Impact on Air Quality

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Required
				Demonstration. -- Any person proposing to construct or relocate a major
				stationary source or to make a major modification shall demonstrate that
				allowable emission increases from the proposed source or modification, in
				conjunction with all other applicable emission increases or reductions
				(including secondary emissions), would not cause or contribute to air pollution
				in violation of:
9.1.a. Any National or West
				Virginia Ambient Air Quality Standard in any air quality control region;
				or
9.1.b. Any applicable maximum
				allowable increase over the baseline concentration in any area.
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 45-14-10 - Modeling Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				All estimates of ambient concentrations required under section 9 shall be based
				on the applicable air quality models, data bases, and other requirements
				specified in the Appendix W of 40 CFR Part 51 (Guideline on Air Quality
				Models).
10.2. Where an air quality
				impact model specified in Appendix W of 40 CFR Part 51 (Guideline on Air
				Quality Models) is inappropriate, the model may be modified or another model
				substituted, provided that said modification or substitution is approved in
				writing by the Administrator.
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 45-14-11 - Air Quality Monitoring Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Any person proposing to construct or
				relocate a major stationary source shall provide to the Secretaryan analysis of
				the ambient air quality in the area that the major stationary source would
				affect for each pollutant that it would have the potential to emit in a
				significant amount.
11.2. Any
				person proposing to make a major modification to a stationary source shall
				provide to the Secretaryan analysis of the ambient air quality in the area that
				the major modification would affect for each pollutant that would result in a
				significant net emissions increase.
11.3. For those pollutants for which no
				National or West Virginia Ambient Air Quality Standard exists, the analysis
				shall contain such air quality monitoring data as the Secretary determines is
				necessary to assess ambient air quality for that pollutant in any area that the
				emissions of that pollutant would affect.
11.4. For those pollutants (other than
				non-methane hydrocarbons) for which such an ambient air quality standard does
				exist, the analysis shall contain continuous air quality monitoring data
				gathered for purposes of determining whether emissions of that pollutant would
				cause or contribute to a violation of the standard or any maximum allowable
				increase.
11.5. The owner or
				operator shall gather, over a period of one year, all required ambient air
				quality monitoring data which shall represent the year preceding receipt of the
				application. However, if the Secretary determines that a complete and adequate
				analysis can be accomplished with monitoring data gathered over a period
				shorter than one year, but not less than four months, the owner or operator may
				use the data that is gathered over that shorter period.
11.6. Any person proposing to construct or
				relocate a major stationary source or make a major modification shall, after
				construction of the stationary source or modification, conduct such ambient
				monitoring as the Secretary determines is necessary to determine the effect
				emissions from the stationary source or modification may have, or are having,
				on air quality in any area.
11.7.
				Operation of monitoring stations required by section 11 shall meet the
				requirements of Appendix B of 40 CFR Part 58 during the operation of the
				monitoring stations.
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 45-14-12 - Additional Impact Analysis Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Any person proposing to construct or
				relocate a major stationary source or make a major modification shall provide:
12.1.a. An analysis of the impairment to
				visibility, soils, and vegetation that would occur as a result of the source or
				modification and general commercial, residential, industrial, and other growth
				associated with the source or modification. The owner or operator need not
				provide an analysis of the impact on vegetation having no significant
				commercial or recreational value; and
12.1.b. An analysis of the air quality impact
				projected for the area as a result of general commercial, residential,
				industrial and other growth associated with the source or
				modification.
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 45-14-14 - Procedures for Sources Employing Innovative Control Technology

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Any person
				proposing to construct or modify a major stationary source or major
				modification may petition the Secretary to approve a system of innovative
				control technology in lieu of best available control technology. Any such
				proposed innovative control technology shall meet the following conditions:
14.1.a. The proposed control system would not
				cause or contribute to an unreasonable risk to public health, welfare, or
				safety in its operation or function;
14.1.b. The proposed source or modification
				must achieve a level of continuous emissions reduction equivalent to that which
				would have been achieved by utilizing the BACT as described in section 8 by a
				date specified by the Secretary;
14.1.c. The source or modification would meet
				requirements equivalent to all requirements of this rule that a stationary
				source employing a system of best available control technology would be
				required to meet;
14.1.d. Before
				the date specified in subsection 14.4, the source or modification would:
14.1.d.1. Not cause or contribute to any
				violation of an applicable National or West Virginia Ambient Air Quality
				Standard;
14.1.d.2. Not impact any
				area where an applicable increment is known to be violated;
14.1.d.3. Meet all other applicable
				requirements including those for public participation; and
14.1.d.4. The provisions of
				40 CFR
				§
												51.166(p) (relating
				to Class I areas) have been satisfied with respect to all periods during the
				life of the source or modification.
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 45-14-15 - Exclusions From Increment Consumption

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The following concentrations shall be
				excluded in determining compliance with a maximum allowable increase:
15.1.a. Concentrations attributable to the
				increase in emissions from stationary sources which have converted from the use
				of petroleum products, natural gas or both by reason of an order in effect
				under sections 2(a) and (b) of the Energy Supply and Environmental Coordination
				Act of 1974 (or any superseding legislation as of the effective date of this
				rule) over the emissions from such sources before the effective date of such an
				order;
15.1.b. Concentrations
				attributable to the increase in emissions from sources which have converted
				from using natural gas by reason of a natural gas curtailment plan in effect
				pursuant to the Federal Power Act over the emissions from such sources before
				the effective date of such plan;
15.1.c. Concentrations of particulate matter
				attributable to the increase in emissions from construction or other temporary
				emission-related activities of new or modified sources; and
15.1.d. Concentrations attributable to the
				temporary increase in emissions of sulfur dioxide, particulate matter, or
				nitrogen oxides from stationary sources, so long as such exclusion meets the
				following requirements:
15.1.d.1. The
				temporary emissions increase of sulfur dioxide, particulate matter or nitrogen
				oxides does not exceed two (2) years in duration;
15.1.d.2. The exclusion period for the
				temporary emissions increase is not renewable; and
15.1.d.3. The exclusion allows no emissions
				increases from a stationary source which would:
15.1.d.3.A. Impact a Class I area or an area
				where an applicable increment is known to be violated; or
15.1.d.3.B. Cause or contribute to a
				violation of a National or West Virginia Ambient Air Quality
				Standard.
15.1.d.4. The
				exclusion requires limitations to be in effect at the end of the exclusion
				period specified in paragraph 15.1.d.1, which ensures that the emissions levels
				from stationary sources would not exceed those levels occurring from such
				sources before the temporary increase.
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 45-14-16 - Specific Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. A
				non-profit health or non-profit educational institution proposing to construct
				or relocate a major stationary source or to make a major modification may
				petition the Secretary for an exemption from the requirements of subsections
				8.2, 8.3 and 8.4 and sections 9, 11 and 12.
16.2. The source or modification that would
				be a major stationary source or major modification only if fugitive emissions,
				to the extent quantifiable, are considered in calculating the source's or
				modification's potential to emit and the source does not belong to any of the
				source categories listed in Table 1 may petition the Secretary for exemption
				from the requirements of subsections 8.2, 8.3, 8.4 and sections 9, 11 and
				12.
16.3. Any person proposing to
				relocate a source or modification that is a portable stationary source which
				has previously received a permit under this rule may petition the Secretary not
				less than ten (10) days in advance of the proposed relocation (unless the
				Secretary has previously approved a different time limit) for an exemption from
				the requirements of subsections 8.2, 8.3 and 8.4 and sections 9, 11 and 12. The
				Secretary shall grant this if the following conditions are met:
16.3.a. The source proposes to relocate, and
				emissions of the source at the new location would not exceed two (2)
				years;
16.3.b. The emissions from
				the source would not exceed its allowable emissions;
16.3.c. The emissions from the source would
				impact no Class I area and no area where an applicable increment is known to be
				violated; and
16.3.d. The source
				identifies the proposed new location and the probable duration of operation at
				the new location.
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 45-14-18 - Public Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1.
				Public meetings to receive comments on permit applications shall be held when
				the Secretary deems it appropriate or when substantial interest is expressed,
				in writing, by persons who might reasonably be expected to be affected by the
				proposed major source or major modification.
18.2. The Secretary shall preside over such
				meetings and ensure that all interested parties have ample opportunity to
				present comments. Such meetings shall be held at a convenient place as near as
				practicable to the location of the proposed major source or major
				modification.
18.3. At a reasonable
				time prior to such meetings, the Secretary shall provide appropriate
				information to news media in the area where the proposed source or modification
				is to be located.
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 45-14-19 - Permit Transfer, Cancellation and Responsibility

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. A permittee may petition the Secretary
				for a transfer of a permit previously issued in accordance with this rule. The
				Secretary shall approve such permit transfer provided the following conditions
				are met:
19.1.a. The permittee, in the
				petition, describes the reasons for the requested permit transfer and certifies
				that the subject source is in compliance with all the provisions and
				requirements of its permit, and
19.1.b. The transferee provides written
				acknowledgment that it will comply with all the requirements, terms, and
				conditions as contained in the subject permit.
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 45-14-20 - Disposition of Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. In the
				event that the Secretary promulgates changes to this rule or in the event of a
				redesignation of an attainment or non-attainment area (in accordance with
				§ 107 of the CAA) prior to final disposition of a permit, the Secretary
				shall make final disposition of the permit application in accordance with such
				newly promulgated standards or redesignation.
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 45-14-21 - Conflict with Other Permitting Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. For sources required to obtain a permit
				under this rule, the provisions of 45CSR13 requiring a permit do not apply, so
				that only a single permit is required; provided, that:
21.1.a. The base permit application fee of
				$1,000 pursuant to 45CSR22 shall apply to such sources in addition to other
				applicable fees; and
21.1.b. Any
				permit issued under this rule includes conditions that ensure compliance with
				the provisions of 45CSR13 to the extent applicable to any regulated air
				pollutant (as defined in 45CSR13) not otherwise covered under this
				rule.
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 45-14-22 - 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 45-14 - Permits for Construction and Major Modification of Major Stationary Sources for the Prevention of Significant Deterioration of Air Quality › Section 45-14-23 - 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 45-14 - Permits for Construction and Major Modification of Major Stationary Sources for the Prevention of Significant Deterioration of Air Quality › Section 45-14-24 - 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 45-14 - Permits for Construction and Major Modification of Major Stationary Sources for the Prevention of Significant Deterioration of Air Quality › Section 45-14-25 - Actuals PALs

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1.
				Applicability.
25.1.a. The Secretary may
				approve the use of an actuals PAL for any existing major stationary source if
				the PAL meets the requirements in subsections 25.1 through 25.15. The term
				"PAL" means "actuals PAL" throughout section 25.
25.1.b. Any physical change in or change in
				the method of operation of a major stationary source that maintains its total
				source-wide emissions below the PAL level, meets the requirements in
				subsections 25.1 through 25.15, complies with the PAL permit and:
25.1.b.1. Is not a major modification for the
				PAL pollutant;
25.1.b.2. Does not
				have to be approved through the PSD program; and
25.1.b.3. Is not subject to the provisions in
				subsection 19.4 (restrictions on relaxing enforceable emission limitations that
				the major stationary source used to avoid applicability of the major NSR
				program).
25.1.c. Except
				as provided under paragraph 25.1.b.3, a major stationary source shall continue
				to comply with all applicable Federal and State requirements, emission
				limitations, and work practice requirements that were established prior to the
				effective date of the PAL.
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 45-14-26 - Inconsistency Between Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1.
				In the event of any inconsistency between this rule and any other 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.