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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 45-22-3 - Requirements for Permit to Construct, Modify or Relocate

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. For the sources or emission units
				subject to the permitting requirements of 45CSR13 ("Permits for Construction,
				Modification, Relocation and Operation of Stationary Sources of Air Pollutants,
				Notification Requirements, Temporary Permits, General Permits, and Procedures
				for Evaluation"), 45CSR14 ("Permits for Construction and Major Modification of
				Major Stationary Sources of Air Pollution for the Prevention of Significant
				Deterioration"), 45CSR19 ("Requirements for Pre-Construction Review,
				Determination of Emissions Offsets for Proposed, New or Modified Stationary
				Sources of Air Pollutants and Bubble Concept Trading for Intrasource
				Pollutants"), and 45CSR15 ("Emission Standards for Hazardous Air Pollutants
				Pursuant to 40 CFR Part 61"), no person may commence construction, modification
				or relocation without first filing a completed application and obtaining a
				permit.
3.2. Applications for
				permits for construction, modification or relocation shall be submitted in
				accordance with 45CSR13, 45CSR14, 45CSR19, and 45CSR15, whichever may be
				applicable.
3.3. Fee payment.
3.3.a. A person applying for a permit to
				construct, modify or relocate shall pay a fee when submitting the application.
				The fee shall be paid by a negotiable instrument (check, draft, warrant, money
				order, etc.) made payable to the "Air Pollution Control Fund". Any application
				for a permit to construct, modify or relocate shall not be deemed to have been
				received nor complete unless payment of the application fee is
				included.
3.3.b. An application fee
				paid hereunder is not refundable.
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 45-22-4 - Certificate to Operate

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Requirements.
4.1.a. No person may operate nor
				cause to operate a plant or stationary source of air pollution without first
				obtaining and having in effect a valid certificate to operate.
4.1.b. Any person in possession of a
				certificate to operate shall maintain the certificate on the premises for which
				the certificate has been issued and shall make the certificate immediately
				available for inspection by the Director or his duly authorized
				representative.
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 45-22-5 - Collection

Current through Register Vol. XLI, No. 28, July 12, 2024
Any fee or penalty due under this rule is a debt due the
				  State of West Virginia and may be collected pursuant to law.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-23 - Control of Air Pollution from Municipal Solid Waste Landfills › Section 45-23-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.-This
				rule establishes and adopts standards of performance pursuant to § 111(b)
				of the federal Clean Air Act (CAA) and implements the federal emission
				guidelines and compliance times pursuant to § 111(d) of the federal CAA
				for the control of certain designated pollutants from the following municipal
				solid waste landfill categories:
1.1.a.
				Municipal solid waste landfills subject to the emission guidelines and
				compliance times promulgated by the U.S. EPA under 40 CFR part 60, subpart Cc
				and set forth in section 6 of this rule;
1.1.b. Municipal solid waste landfills
				subject to the standards of performance promulgated by the U.S. EPA under 40
				CFR part 60, subpart WWW and set forth in section 4 of this rule;
1.1.c. Municipal solid waste landfills
				subject to the emission guidelines and compliance times promulgated by the U.S.
				EPA under 40 CFR part 60, subpart Cf and set forth is section 7 of this rule;
				and
1.1.d. Municipal solid waste
				landfills that commenced construction, reconstruction or modification after
				July 17, 2014 are subject to the standards of performance promulgated by the
				U.S. EPA under 40 CFR part 60, subpart XXX and set forth in section 5 of this
				rule.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-23 - Control of Air Pollution from Municipal Solid Waste Landfills › Section 45-23-3 - Adoption of standards

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				Secretary hereby adopts and incorporates by reference the definitions set forth
				in 40 CFR part 60, subparts B and Ba, and the standards of performance and
				definitions set forth in 40 CFR part 60, subpart XXX, including any applicable
				reference methods, performance specifications, and other test methods which are
				appended to these standards and contained in those subparts, effective June 1,
				2020.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-23 - Control of Air Pollution from Municipal Solid Waste Landfills › Section 45-23-4 - Requirements for municipal solid waste landfills constructed, modified, or reconstructed on or after May 30, 1991 and before July 17, 2014

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The owner or operator of a MSWL under
				subsection 4.2 below shall comply with all applicable standards of performance,
				requirements, and provisions of 40 CFR part 60, subpart Cf set forth in section
				7 of this rule, including any reference methods, performance specifications,
				and other test methods. No person shall construct or operate a MSWL that
				results in a violation of this rule.
4.2. Applicability. The designated facility
				to which section 7 of this rule applies is each MSWL that:
4.2.a. Commenced construction on or after May
				30, 1991 and before July 17, 2014; or
4.2.b. Commenced reconstruction or
				modification on or after May 30, 1991 and before July 17, 2014; and
4.2.c. Was previously subject to 40 CFR part
				60, subpart WWW.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-23 - Control of Air Pollution from Municipal Solid Waste Landfills › Section 45-23-5 - Requirements for new municipal solid waste landfills

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The owner or operator of a new MSWL
				under subsection 5.2 below shall comply with all applicable standards of
				performance, requirements, and provisions of 40 CFR part 60 subpart XXX,
				including any reference methods, performance specifications, and other test
				methods associated with subpart XXX. No person shall construct or operate a new
				MSWL that results in a violation of 40 CFR part 60, subpart XXX or this rule.
5.2. Applicability.-The owner or
				operator of a MSWL that meets the following criteria shall be subject to the
				requirements for a new MWSL set forth in section 3 above. A new MSWL is a MSWL
				that either:
5.2.a. Commenced construction
				after July 17, 2014; or
5.2.b.
				Commenced reconstruction or modification after July 17, 2014.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-23 - Control of Air Pollution from Municipal Solid Waste Landfills › Section 45-23-6 - Requirements for existing municipal solid waste landfills constructed, reconstructed, or modified before May 30, 1991

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The owner or operator of a MSWL under
				subsection 6.2 below shall comply with all applicable standards of performance,
				requirements and provisions of 40 CFR part 60, subpart C, set forth in section
				7 of this rule, including any reference methods, performance specifications,
				and other test methods. No person shall construct or operate a MSWL that
				results in a violation of this rule.
6.2. Applicability. The designated facility
				to which section 7 of this rule applies is each MSWL that:
6.2.a. Commenced construction before May 30,
				1991; or
6.2.b. Commenced
				reconstruction or modification before May 30, 1991; or
6.2.c. Each MSWL that was subject to 40 CFR
				part 60, subpart Cc and the requirements of this rule.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-23 - Control of Air Pollution from Municipal Solid Waste Landfills › Section 45-23-7 - Requirements for existing municipal solid waste landfills

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Requirements for existing MSWLs.-The
				owner or operator of an existing MSWL under subsection 7.2 below shall comply
				with the applicable compliance times, requirements, and provisions of 40 CFR
				part 60 subpart Cf, set forth in section 7, including any reference methods,
				performance specifications, and other test methods. No person shall construct,
				reconstruct, modify or operate, or cause to be reconstructed, modified, or
				operated, an existing MSWL that results in a violation of this rule.
7.2. Applicability.
7.2.a. Each MSWL that commenced construction,
				reconstruction or modification before July 17, 2014 is subject to the
				requirements for an existing MSWL under section 7.
7.2.b. Physical or operational changes made
				to an existing MSWL solely to comply with the requirements of section 7 are not
				considered a modification or reconstruction.
7.2.c. Title V operating permits.
7.2.c.1. If the MSWL design capacity is less
				than 2.5 million megagrams or 2.5 million cubic meters, the owner or operator
				is not required to obtain an operating permit under 45CSR30 unless the MSWL is
				otherwise subject to 45CSR30.
7.2.c.2. If the MSWL design capacity is
				greater than 2.5 million megagrams or 2.5 million cubic meters, the owner or
				operator shall submit a timely and complete permit application in accordance
				with 45CS30 within one year of the effective date of this rule.
7.2.c.3. The owner or operator is not
				required to maintain an operating permit under 45CSR30 for the MSWL after it is
				closed, if the landfill is not otherwise subject to the requirements of 45CSR30
				and if either of the following conditions are met:
7.2.c.3.A. The landfill was never required to
				install and operate a gas collection and control system under subdivision 7.4
				below; or
7.2.c.3.B. The landfill
				meets the conditions for control system removal specified in subdivision 7.4.f
				below.
7.2.d. The owner or operator is not subject
				to the following reports when a MSWL is in the closed landfill subcategory, if
				the owner or operator submitted the reports under the provisions of 40 CFR part
				60, subpart WWW, and 45CSR23 on or before July 17, 2014:
7.2.d.1. Initial design capacity report per
				subdivision 7.9.a.
7.2.d.2. Initial
				or subsequent NMOC emission rate report per subdivision 7.9.c, provided that
				the most recent NMOC emission rate report indicated the NMOC emissions were
				below 50 Mg/yr.
7.2.d.3.
				Collection and control system design plan per subdivision 7.9.d.
7.2.d.4. Closure report per subdivision
				7.9.f.
7.2.d.5. Equipment removal
				report per subdivision 7.9.g.
7.2.d.6. Initial annual report per
				subdivision 7.9.h.
7.2.d.7.
				Initial performance test report per subdivision 7.9.i.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-23 - Control of Air Pollution from Municipal Solid Waste Landfills › Section 45-23-8 - Secretary

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. All references
				in 40 CFR part 60 subparts Cf and XXX to the "Administrator" are amended to be
				the "Secretary" except in the following references, which shall remain
				"Administrator":
8.1.a. Where the Federal
				Regulations specifically provide that the Administrator shall retain authority
				and not transfer such authority to the Secretary;
8.1.b. Where provisions occur which refer to:
8.1.b.1. Alternate means of emission
				limitations;
8.1.b.2. Alternate
				control technologies;
8.1.b.3.
				Innovative technology waivers;
8.1.b.4. Alternate test methods;
8.1.b.5. Alternate monitoring methods;
8.1.b.6. Waivers/adjustments to
				recordkeeping and reporting;
8.1.b.7. Applicability determinations;
				or
8.1.b.8. The requirements of
				40 CFR §
												60.764(a)(5) to approve
				other methods to determine the NMOC concentration or a site-specific methane
				generation rate constant as an alternative to the methods required by
				40 CFR §
												60.764(a)(3) and (4); and
8.1.c. Where the context
				of the regulation clearly requires otherwise.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-23 - Control of Air Pollution from Municipal Solid Waste Landfills › Section 45-23-9 - Inconsistency Between Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. 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 45-25 - Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities › Section 45-25-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.
1.1.a. This rule establishes and adopts a
				program of regulation over air emissions and emission standards for the
				treatment, storage, and disposal of hazardous waste promulgated by the United
				States Environmental Protection Agency pursuant to the Resource Conservation
				and Recovery Act, as amended. This rule codifies general procedures and
				criteria to implement emission standards set forth in the 40 C.F.R. Parts 260,
				261, 262, 264, 265, 266, 270, and 279 as listed in Table 45-25 below. The
				Secretary hereby adopts these standards by reference. The Secretary also adopts
				associated reference methods, performance specifications, and other test
				methods that are appended to these standards.
1.1.b. The purpose of this rule is to achieve
				and maintain levels of air quality that will protect the public health and
				safety and the environment from the effects of improper, inadequate or unsound
				treatment, storage or disposal of hazardous waste. Further, all persons engaged
				in the treatment, storage or disposal of hazardous waste shall give careful
				consideration to the effects of the resultant emissions on the air quality or
				the areas affected by hazardous waste or any constituent thereof in quantities
				that would cause ambient air concentrations that may be injurious to human
				health or welfare or that would interfere with the enjoyment of life or
				property.
1.1.c. Neither compliance
				with the provisions of this rule nor the absence of specific language to cover
				particular situations constitutes approval or implies consent or condonation of
				any emission that is released in any locality in a manner or amount that would
				cause or contribute to statutory air pollution. Neither does it exempt nor
				excuse any person from complying with other applicable laws, ordinances,
				regulations or orders of governmental entities having jurisdiction over
				hazardous waste treatment, storage or disposal facilities.
1.1.d. This rule is promulgated pursuant to
				W.Va. Code §§
										22-5-4
				and
				22-18-6.
				Recognizing that each article has its own enforcement sections, it is the
				intent of the Secretary that enforcement shall be implemented in accordance
				with W.Va. Code §
										22-18-1,
				et seq., where practicable.
1.1.e.
				Permit applications shall be processed in accordance with the permitting
				procedures set forth in W.Va. Code §
										22-18-1,
				et seq., 33CSR20, and this rule.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-25 - Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities › Section 45-25-3 - Adoption of standards

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				Secretary hereby adopts and incorporates by reference the definitions, lists,
				tables, appendices, conditions, and requirements from 33CSR20, "Hazardous Waste
				Management System", effective June 1,2019, except as follows:
3.1.a. Any provisions in 33CSR20 which
				incorporate by reference the Code of Federal Regulations (C.F.R.);
3.1.b. The application fees and permit
				requirements under 11.3 through 11.18, inclusive. The permit provisions under
				§ 45-25-5 shall apply exclusively to the Division of Air Quality
				permitting activities;
3.1.c. In
				case of a conflict between the Division of Air Quality and the Division of
				Water and Waste Management as to whether a material is a waste and if so,
				whether the material is a hazardous waste, the Secretary has final
				administrative authority to resolve the conflict.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-25 - Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities › Section 45-25-4 - Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Owners and
				operators of hazardous waste treatment, storage, and disposal facilities
				regulated by the provisions of this rule shall maintain a list of all permits
				or construction approvals received or applied for under any of the following
				programs and their counterpart programs administered by the Secretary, where
				appropriate:
4.1.a. Hazardous Waste
				Management Program under W. Va. Code §
										22-18-1,
				et seq. and the rules promulgated thereunder;
4.1.b. Prevention of Significant
				Deterioration (PSD) Program under W. Va. Code §
										22-5-1,
				et seq. and 45CSR14 or the CAA;
4.1.c. Nonattainment program under W. Va.
				Code §
										22-5-1,
				et seq. and 45CSR19 or the CAA;
4.1.d. National Emission Standards for
				Hazardous Air Pollutants (NESHAP) preconstruction approval under W. Va. Code
				§
										22-5-1,
				et seq. and 45CSR34 or the CAA;
4.1.e. Standards of Performance for New
				Stationary Sources under W. Va. Code §
										22-5-1,
				et seq. and 45CSR16 or the CAA; and
4.1.f. Other relevant air pollution control
				permits, including local permits.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-25 - Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities › Section 45-25-6 - Exclusions and exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Wastes
				and materials excluded in 33CSR20 are excluded from the requirements of this
				rule.
6.2. Except for recyclable
				materials exempt pursuant to 33CSR20, hazardous wastes that are stored prior to
				recycling are subject to all applicable provisions of section 4 of this
				rule.
6.3. Any pathological waste
				incinerator not subject to this rule under subsection 4.15 shall be subject to
				45CSR6 or 45CSR18, as applicable.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-25 - Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities › Section 45-25-7 - Application fee

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any person
				who applies for a permit for the construction and/or operation of an air
				emitting hazardous waste treatment, storage or disposal facility shall submit
				as part of the permit application a money order or cashier's check payable to
				the Division of Air Quality for deposit into the Air Pollution Control Fund.
				The fee shall be determined by the schedule set forth below:
Activity
Fee
Hazardous waste management facilities
$5,000
Class 2, 3 modifications or renewals of permits and
							 40
							 C.F.R.§
															270.41 for hazardous waste
							 management facilities
$1,000
Class 1 modifications
$500
7.2.
				These application fees shall be in addition to any fee required by the
				Hazardous Waste Management System rule, 33CSR20.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-26 - Repeal - NOx Budget Trading Program as A Means Of Control And Reduction Of Nitrogen Oxides from Electric Generating Units

Current through Register Vol. XLI, No. 28, July 12, 2024
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West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-27 - To Prevent And Control The Emissions Of Toxic Air Pollutants › Section 45-27-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				purpose of 45CSR27 is to prevent and control the discharge of toxic air
				pollutants requiring the application of best available technology.
1.2. Authority. -- W. Va. Code '22-5-1
				et seq.
1.3. Filing Date. -- May 1,
				1990.
1.4. Effective Date. -- June
				30, 1990.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-27 - To Prevent And Control The Emissions Of Toxic Air Pollutants › Section 45-27-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Air
				Pollution", 'statutory air pollution' has the meaning ascribed to it W. Va.
				Code '22-5-2.
2.2. "Air Pollution control Device" means any
				equipment used for the purpose of preventing, reducing, or controlling the
				emission of toxic air pollutants into the open air.
2.3. "BAT", 'Best Available Technology' means
				an emissions limitation requiring the application of the maximum degree of
				reduction and control which the Director, on a case-by-case basis, determines
				is achievable for each toxic air pollutant which would be emitted from any
				stack, pipe, air pollution control device, or from any other equipment or
				facilities associated with a chemical processing unit. In the case of chemical
				processing units constructed or modified after the effective date of this rule,
				BAT may be less stringent than requirements for new or modified units. for all
				facilities, BAT shall represent the maximum degree of emission reduction that
				the Director determines is achiev­able taking into consideration the
				cost of achieving such mission reduction, and public health and environmental
				impacts. No BAT proposal shall be approvable that represents a level of control
				less stringent than any requirement for a chemical processing unit under 40CFR
				61 or 40CFR 60. BAT shall include but not be limited to measures which:
2.3.a. reduce or eliminate the emission rate
				of toxic pollutants through process changes or substitution of
				materials,
2.3.b. enclose or seal
				equipment or systems to eliminate toxic air pollutant emissions,
2.3.c. collect, capture, destroy and/or
				otherwise treat toxic air pollutants released from a process, stack, storage,
				or fugitive emissions point,
2.3.d.
				are work practice or operational methods.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-27 - To Prevent And Control The Emissions Of Toxic Air Pollutants › Section 45-27-3 - Chemical Processing Units

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Except as provided in Sections 3.2 and
				3.3 of this rule, the owner or operator of a plant that discharges or may
				discharge a toxic air pollutant into the open air in excess of the amount shown
				in the Table A shall employ BAT at all chemical processing units emitting the
				toxic air pollutant: Provided, that any source or equipment specifically
				subject to a federal regulation or standard shall not be required to comply
				with provisions more stringent than such regulation or standard.
3.2. A BAT program for a plant containing
				multiple chemical processing units or emission sources may, for each chemical,
				consider the overall effectiveness of emissions control measures within a unit
				or the plant. All BAT programs shall fully consider the additive or cumulative
				health and environmental impacts of multiple pollutant and multiple unit
				emissions.
3.3. The Director may
				exempt a chemical processing unit from the BAT requirement if the
				owner/operator can demonstrate to the satisfaction of the Director that the
				maximum toxic air pollutant emissions from the source or unit, taking into the
				consideration all other toxic air pollutant sources at the plant and other
				sources in the area of the plant, cause insignificant impacts upon public
				health and the environment. If the Director so exempts a unit from the BAT
				requirement, the maximum emission rates of toxic air pollutants discharged to
				the air from the unit shall be set forth as enforceable limitations within the
				compliance program required or established under Section 11 of this
				rule.
3.4. All chemical processing
				units shall be properly instrumented to alert the operator of process upsets,
				leaks, and other abnormal discharges of toxic air pollutants into the air and
				the operator shall record all such incidents and the associated emissions
				estimated from direct measurements of toxic air pollutant concentration and/or
				calculations using other process measurements.
3.5. The Director may on a case-by-case basis
				require the installation and proper operation of monitoring devices to
				continuously or intermittently determine the concentrations or mass emission
				rates of toxic air pollutants normally or routinely emitted to the
				air.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-27 - To Prevent And Control The Emissions Of Toxic Air Pollutants › Section 45-27-4 - Fugitive Emissions of Toxic Air Pollutants

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All owners and operators subject to the
				requirements of this rule shall, by application of BAT, prevent and control
				fugitive emissions to the air of toxic air pollutants as a result of leakage
				from equipment in toxic air pollutant service including but not limited to,
				pump seals, compressor seals, valves, sampling connections, open-ended lines,
				safety relief valves, and flanges. In no event shall any equipment standard,
				program, or work practice less stringent than required under 40CFR61, Subpart V
				be deemed to represent BAT for control of toxic air pollutant emissions:
				Provided, that any source or equipment specifically subject to a federal
				regulation or standard shall not be required to comply with provisions more
				stringent than such federal regulation and standard. Equipment to be used in
				toxic air pollutant service installed after the effective date of this rule
				shall, to the maximum extent possible, be designed and operated so as to
				prevent leaks of toxic air pollutants.
4.2. In quantifying plant or facility
				emissions of a toxic air pollutant pursuant to determining the applicability of
				this rule under Section 3.1, emissions from potentially leaking equipment
				components which handle streams containing the toxic air pollutant shall be
				included. Such quantification shall be in accordance with estimation methods
				approved by the Director.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-27 - To Prevent And Control The Emissions Of Toxic Air Pollutants › Section 45-27-5 - Tanks

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Owners and
				operators of chemical processing units or facilities subject to the
				requirements of this rule shall prevent and control working and filling losses
				of toxic air pollutants from tanks by routing such tank emissions to BAT
				control devices. The Director may approve the use of floating roof storage
				tanks as BAT, provided that such tanks are designed and operated in a manner
				which minimizes toxic air pollutant emissions taking into consideration the
				toxic air pollutant emission rate, tank size, and control efficiency associated
				with such tanks. On a case-by-case basis, the Director may exempt very small
				process or storage tanks or tanks storing material mixtures containing low mass
				fractions of toxic air pollutants from the BAT requirements taking into
				consideration the actual level of emissions control and/or the toxic air
				pollutant emission rate from the tank.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-27 - To Prevent And Control The Emissions Of Toxic Air Pollutants › Section 45-27-6 - Wastewater from Chemical Processing Units

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Owners and operators of chemical
				processing units and/or wastewater treatment systems subject to this rule shall
				employ BAT to remove and control or destroy toxic air pollutants from
				wastewater at the source and/or apply BAT at the wastewater treatment plant to
				prevent or control the discharge to toxic air pollutants resulting from air
				stripping or evaporation: Provided, that this provision shall not be more
				stringent than any specifically applicable federal regulation or
				standard.
6.2. In quantifying total
				plant or facility emissions of a toxic air pollutant pursuant to determining
				the applicability of this rule under Section 3.1, emissions of a toxic air
				pollutant resulting from the discharge of the toxic air pollutant to wastewater
				streams and the subsequent treatment of wastewater shall be included. Emissions
				shall be determined by a method specified or approved by the
				Director.
6.3. The Director may
				exempt wastewater treatment units, tanks, or equipment from the requirement for
				BAT if the owner or operator can demonstrate to the satisfaction of the
				Director that air stripping or volatilization and emission to the air of toxic
				air pollutants from such sources does not occur or is insignificant from the
				standpoint of emissions and/or impact upon public health.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-27 - To Prevent And Control The Emissions Of Toxic Air Pollutants › Section 45-27-7 - Loading and Unloading Railcars and Tank Trucks

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Owners and operators of chemical
				processing units or facilities subject to the requirements of this rule shall
				employ BAT to prevent or control toxic air pollutant discharges in the loading
				and unloading of railcars and tank trucks with toxic air pollutants or material
				mixtures containing toxic air pollutants.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-27 - To Prevent And Control The Emissions Of Toxic Air Pollutants › Section 45-27-8 - Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. No later than
				ninety (90) days after the effective date of this rule, all persons owning
				and/or operating an existing chemical processing unit(s) which discharges or
				may discharge a toxic air pollutant shall register each such chemical
				processing unit with the Director. The information required for registration
				shall be determined by the Director, and shall be provided in the manner
				specified by the Director.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-27 - To Prevent And Control The Emissions Of Toxic Air Pollutants › Section 45-27-9 - Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. No person
				shall construct, modify, or relocate chemical processing units) without first
				obtaining a permit in accordance with the provisions of W. Va. Code
				'22-5-11,and
				all applicable rules of this agency. If the construction of a new chemical
				processing unit or the modification of an existing chemical processing unit at
				a plant increases total plant emissions of a toxic air pollutant to a level in
				excess of that in Table A, all chemical processing units emitting the pollutant
				shall be come subject to BAT requirements or alternatively total plant
				emissions of the toxic air pollutant shall be reduced below the level of Table
				A.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-27 - To Prevent And Control The Emissions Of Toxic Air Pollutants › Section 45-27-10 - Reports, Records and Testing

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. At such reasonable times as the
				Director may designate, the owner or operator of any chemical processing unit
				may be required to conduct or have conducted tests to determine the compliance
				with this rule. Such tests shall be conducted in such manner as the Director
				may specify or approve and be filed on forms and in a manner specified by the
				Director. The Director, or his duly authorized representative, may at his
				option witness or conduct such tests. Should the Director exercise his option
				to conduct such tests, the operator will provide all the necessary sampling
				connections and sampling ports to be located in such manner as the Director may
				require, power for test equipment, and the required safety equipment such as
				scaffolding, railing, and ladders to comply with generally accepted good safety
				practices.
10.2. The Director, or
				his duly authorized representative, may conduct such other tests as he may deem
				necessary to evaluate toxic air pollutant emissions.
10.3. Written records shall be maintained
				that identify all pumps, compressors, pressure relief valves, valves, sampling
				connections, open-ended lines, and flanges of a chemical processing unit that
				are in toxic air pollutant service. These records shall record the results of
				all monitoring and inspections, emissions control measures applied and the
				nature, timing, and results of repair efforts.
10.4. The emission to the air of any toxic
				air pollutant resulting from an abnormal release or spill in excess of the
				following amounts shall be reported to the Director or his authorized
				representative not later than 24-hours after the chemical processing unit
				owner/operator has knowledge of such emission:
10.4.a. For ethylene oxide, and vinyl
				chloride, one (1) pound
10.4.b. For
				acrylonitrile and butadiene, ten (10) pounds
10.4.c. For all other toxic air pollutants,
				fifty (50) pounds.
The owner or operator shall file a written report with the
				  Director stating the details of all such incidents resulting in the emission of
				  more than fifty (50) pounds of any toxic air pollutant within seven (7) days of
				  the occurrence. The owner/operator shall submit to the Director, at his
				  request, records of all abnormal toxic air pollutant discharges to the
				  air.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-27 - To Prevent And Control The Emissions Of Toxic Air Pollutants › Section 45-27-11 - Compliance Programs and Schedules

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. In the event that a chemical processing
				unit in existence prior to the adoption of this rule does not meet the
				requirements of this rule an acceptable program to fully comply with this rule
				shall be submitted to the Director by July 1, 1991 by the owner or operator.
				Any compliance program for a chemical processing unit submitted to the Director
				on or before April 1, 1991 and approved by the Director within a Consent Order
				on or before June 30, 1991 shall be accepted as and deemed to be a voluntary
				emission reduction plan. A compliance program may be submitted to the Director
				for individual chemical processing units or alternatively a single compliance
				program for all chemical processing units at one plant may be
				submitted.
11.2. In proposing a BAT
				plan, the owner or operator must fully document and describe all potentially
				applicable emissions control measures or technologies and fully justify that
				any selected control measure providing less emission reduction than the most
				stringent measures achieved in practice for similar processes is
				technologically or economically infeasible for application to a particular
				chemical process unit requiring BAT.
11.3. Upon approval by the Director of a
				compliance program, the owner or operator of a chemical processing unit or
				facility is not in violation of this rule so long as the approved or amended
				compliance program is observed: Provided, that the Director may re-evaluate
				toxic air pollutant emissions, control technology employed, and risks to public
				health at the end of a seven (7) year period following completion of each
				compliance program and may require additional or improved control
				measures.
11.4. Any compliance
				programs or Consent Orders that have previously been approved by the Director
				shall remain in effect unless an emissions control program required by this
				rule must replace a prior program with more stringent control
				measures.
11.5. All compliance
				plans and orders required or approved under this rule shall contain detailed
				compliance plans with increments of progress, schedules or completion dates and
				to the extent possible, shall set forth maximum compliance emission rates for
				controlled sources upon completion of the compliance program.
11.6. In the event that an owner or operator
				subject to this rule fails to submit an acceptable compliance program by July
				31, 1991, the Director shall, by Order, determine the compliance
				program.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-27 - To Prevent And Control The Emissions Of Toxic Air Pollutants › Section 45-27-12 - Variance

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Due to
				unavoidable malfunction of equipment or other conditions resulting in emissions
				exceeding a level established in the compliance program, emissions exceeding
				those provided for in this rule may be permitted by the Director for periods
				not to exceed ten (10) days upon specific application to the Director. Such
				application shall be made within twenty-four (24) hours of the malfunction. In
				cases of major equipment failure, additional time periods may be granted by the
				Director provided a corrective program has been submitted by the owner or
				operator and approved by the Director.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-27 - To Prevent And Control The Emissions Of Toxic Air Pollutants › Section 45-27-13 - Inconsistency Between Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				In the event of any inconsistency between this rule and any other rule of the
				Director, the resolution of such inconsistency shall be resolved by the
				determination of the Director and such determination shall be based upon the
				application of the more stringent provision, term, condition, method or rule.
TABLE A
Pounds/year
Acrylonitrile.......................................................................................................
500
Allyl
							 Chloride................................................................................................
10,000
Benzene................................................................................................
1,000
1,3
							 Butadiene.....................................................................................................
500
Carbon
							 Tetrachloride.......................................................................................
1,000
Chloroform.....................................................................................................
1,000
Ethylene
							 Dichloride..........................................................................................
1,000
Ethylene
							 Oxide...................................................................................................
500
Formaldehyde.................................................................................................
1,000
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 45-28 - Air Pollutant Emissions Banking And Trading › Section 45-28-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				purpose of this rule is to establish a voluntary statewide air pollutant
				emissions trading program which provides incentives to make progress toward the
				attainment or maintenance of the national ambient air quality standards, the
				reduction or prevention of hazardous air pollutant emissions and the protection
				of human health, welfare and the environment.
1.2. Authority. -- W. Va. Code '22-5-1
				et seq.
1.3. Filing Date. -- June
				2, 2000.
1.4. Effective Date. --
				August 31, 2000.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-28 - Air Pollutant Emissions Banking And Trading › Section 45-28-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. This rule
				applies to all persons who voluntarily choose to participate in an emission
				reduction credit trading program.
3.2. The use of emission reduction credits
				under this rule applies only to volatile organic compounds as a class of
				compounds, oxides of nitrogen as an ozone precursor, and all criteria
				pollutants, except ozone.
3.3.
				Emission reduction credits generated by a stationary source may be used by
				another stationary source in accordance with this rule and in conformance with
				the federal clean air act. Emission reduction credits may be generated by area
				and mobile sources only to the extent that such credits are generated in
				accordance with this rule and employ baseline determinations and quantification
				protocols approved by the director and the United States Environmental
				Protection Agency. Emission reduction credits may be used only to comply with
				conformity with respect to compliance requirements for mobile sources under the
				federal clean air act and shall be used for conformity only as approved by the
				director and the United States Environmental Protection Agency.
3.4. Nothing in this rule shall be construed
				to prohibit offsetting and netting to the extent authorized under 45CSR13,
				45CSR14, 45CSR19, sections 165 and 173 of the federal clean air act, or 40
				C.F.R. parts 51 and 52.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-28 - Air Pollutant Emissions Banking And Trading › Section 45-28-4 - Prohibitions and Restrictions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The use of emission reduction credits in
				an attainment area shall not cause a violation of a national ambient air
				quality standard, a prevention of significant deterioration increment, or an
				applicable attainment area maintenance plan. The use of emission reduction
				credits in a nonattainment area shall result in emission reductions consistent
				with the requirements for reasonable further progress for the nonattainment
				area and the attainment demonstration specified in the state implementation
				plan.
The proposed use of emission reduction credits resulting in
				  increased actual emissions or overages equivalent to or exceeding any of the
				  following amounts at a facility shall require air quality analyses employing
				  procedures approved by the director demonstrating that the provisions of this
				  subsection are met:
PM10: 15 tons per year
SO2: 40 tons per year
NO2/NOX: 40
				  tons per year
CO: 100 tons per year
VOC: 40 tons per year
Lead: 0.6 ton per year
The director on a case-by-case basis may require an air
				  quality analysis for use of emission reduction credits in amounts below those
				  above based upon the proposed short-term rate of emissions, source emissions
				  parameters and air quality in the geographic area of emission reduction credit
				  use.
4.2. The use of
				emission reduction credits is prohibited for both of the following:
4.2.a. In place of installing equipment
				determined to constitute, or for the purposes of complying with a best
				available technology requirement for a specific toxic air pollutant established
				under 45CSR27, an emission limitation or work practice standard established by
				federal new source performance standards under section 111 of the federal clean
				air act and 40 C.F.R. part 60, an emission limitation or work practice standard
				established under the national emission standards for hazardous air pollutants
				under section 112 of the federal clean air act and 40 C.F.R. part 61, or a
				maximum achievable control technology requirement established for a hazardous
				air pollutant under section 112 of the federal clean air act and 40 C.F.R. part
				63.
4.2.b. In place of installing
				necessary equipment and complying with an emission limitation determined to
				constitute best available control technology pursuant to section 165 of the
				federal clean air act or 45CSR14 or the lowest achievable emission rate
				established under section 173 of the federal clean air act or
				45CSR19.