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 45-05 - To Prevent And Control Air Pollution from The Operation Of Coal Preparation Plants, Coal Handling Operations And Coal Refuse Disposal Areas › Section 45-5-17 - Disposition of Rule; Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. In the event
				the U.S. EPA's June 12, 2015 "State Implementation Plans: Response to Petition
				for Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to SIPs;
				Finding of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying
				to Excess Emissions During Periods of Startup, Shutdown and Malfunction," at 80
				Fed. Reg. 33840 (2015 SSM SIP Call) is withdrawn by the U.S. EPA, is
				invalidated by a court of competent jurisdiction, and/or is invalidated by an
				act of the West Virginia Legislature or United States Congress, the Secretary
				may terminate any permit or section of an existing permit issued pursuant to
				this rule.
17.2. In the event the
				U.S. EPA's April 17, 2023 "Air Plan Disapproval; West Virginia; Revision to the
				West Virginia State Implementation Plan To Add the Startup, Shutdown,
				Maintenance Rule 45CSR1-Alternative Emission Limitations During Startup,
				Shutdown, and Maintenance Operations," at 88 Fed. Reg. 23356 (45CSR1 2023
				Disapproval) is withdrawn by the U.S. EPA, is invalidated by a court of
				competent jurisdiction, and/or is invalidated by an act of the West Virginia
				Legislature or United States Congress, the Secretary may terminate any permit
				or section of an existing permit issued pursuant to this rule.
17.3. In the event the U.S. EPA's April 17,
				2023 "West Virginia; Finding of Failure To Submit State Implementation Plan
				Revision in Response to the 2015 Findings of Substantial Inadequacy and SIP
				Calls To Amend Provisions Applying to Excess Emissions During Periods of
				Startup, Shutdown, and Malfunction," at 88 Fed. Reg. 23353 (2023 FFS) is
				withdrawn by the U.S. EPA, is invalidated by a court of competent jurisdiction,
				and/or is invalidated by an act of the West Virginia Legislature or United
				States Congress, the Secretary may terminate any permit or section of an
				existing permit issued pursuant to this rule.
17.4. In the event the 2015 SSM SIP Call,
				45CSR1 2023 Disapproval, and/or the 2023 FFS is withdrawn by the U.S. EPA, is
				invalidated by a court of competent jurisdiction, and/or is invalidated by an
				act of the West Virginia Legislature or United States Congress, the Secretary
				may sever requirement §45-5-15.1 and revert to the August 31, 2000
				requirements found at §§45-5-13.1, -13.2 and -13.3.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-06 - Control of Air Pollution from Combustion of Refuse › Section 45-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.
1.1.1. This rule establishes emission
				standards for particulate matter and requirements for activities involving
				incineration of refuse which are not subject to, or are exempted from
				regulation under a federal counterpart for specific combustion sources. This
				rule also prohibits (with limited exception) open burning and sets forth the
				registration, permitting, reporting, testing, emergency, natural disaster and
				exemption provisions for activities involving the combustion of refuse and land
				clearing debris.
1.1.2. Neither
				compliance with the provisions of this rule nor the absence of specific
				language to cover particular situations constitutes approval or implies consent
				or condonement of any emission which is released in any locality in such manner
				or amount as to cause or contribute to statutory air pollution. Neither does it
				exempt nor excuse anyone from complying with other applicable laws, ordinances,
				regulations or orders of governmental entities having jurisdiction over
				combustion of refuse or open burning.
1.1.3. All persons engaged in any form of
				combustion of refuse shall give careful consideration to the effects of the
				resultant emissions on the air quality of the area(s) affected by such burning.
				Important considerations include, but are not limited to, the location and time
				of burning, the type of material being burned and the potential emissions and
				the prevailing meteorological conditions. Persons failing to give due
				consideration to these factors will be in violation of this rule.
1.1.4. It is the intent of the Secretary that
				all incorporated areas and other local governmental entities prohibit open
				burning and develop alternative methods for disposal of refuse. If such action
				is not taken in any air basin, air quality control region or other such areas
				as the Secretary may designate, then such action may be taken by the Secretary
				to ensure compliance with air quality standards.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-06 - Control of Air Pollution from Combustion of Refuse › Section 45-6-3 - Open Burning Prohibited

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. General
				Provisions. -- The open burning of refuse by any person is prohibited except
				for the following exceptions:
3.1.1.
				Vegetation grown on the premises of a home or farm, provided that there is
				compliance with the provisions of subdivision 1.1.2, and the health, safety,
				comfort and property of persons are protected from the effects of such
				burning.
3.1.2. Fires set for the
				purpose of bona fide instruction and training of public and industrial
				employees and members of volunteer fire departments in the methods of fighting
				fires, provided that approval to conduct such burning is received from the
				Secretary. Burning of structures for fire training is subject to specific
				requirements of 45CSR34 and 40 CFR Part 61 Subpart M.
3.1.3. Open burning of land clearing debris
				provided that all the following conditions are met:
3.1.3.a. There is no practical alternate
				method for the disposal of the material to be burned;
3.1.3.b. The health, safety, comfort and
				property of persons are protected from the effects of such burning;
				and
3.1.3.c. Approval to conduct
				such burning is received from the Secretary.
3.1.4. Open burning of propellant and
				explosive wastes, provided that the open burning is conducted in accordance
				with 45CSR25.
3.1.5. Prescribed
				burning, in accordance with a written prescribed fire plan approved by the West
				Virginia Division of Forestry, or in the case of federal lands, approved by the
				appropriate Agency Administrator and endorsed by the West Virginia Division of
				Forestry, prior to ignition for the following wildlife, forest and associated
				land management purposes:
3.1.5.a. To improve
				forest health;
3.1.5.b. To maintain
				and restore wildlife habitat;
3.1.5.c. To reduce forest fuels and minimize
				the effect of wildfires;
3.1.5.d.
				To prepare land for planting or seeding (site preparation);
3.1.5.e. To restore fire-dependent forest
				ecosystems; and
3.1.5.f. To
				integrate with other control methods for use in eradication of non-native
				invasive plants.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-06 - Control of Air Pollution from Combustion of Refuse › Section 45-6-6 - Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Except for
				temporary air curtain incinerators under subsection 4.8, no person shall
				construct, modify or relocate any incinerator without first obtaining a permit
				in accordance with the provisions of W.Va. Code §22-5-1 et seq., 45CSR13, 45CSR14,
				45CSR19, and 45CSR30, as applicable, provided that, and notwithstanding the
				provisions of 45CSR13, flares and flare stacks meeting the following
				requirements shall not be required to obtain a preconstruction permit under
				45CSR13:
6.1.1. Temporary flares used in
				conjunction with maintenance and repair of natural gas pipelines, combusting
				only the gas contained therein, which meet the following conditions:
6.1.1.a. The flare or flare stack exists
				on-site for a cumulative period of less than 30 days in any 12 consecutive
				month period;
6.1.1.b. The maximum
				emissions from the flare or flare stack, based on the potential to emit for the
				period of time that the flare or flare stack is in use, do not exceed the
				threshold amounts specified in the definitions of "stationary source" and
				"modification" in 45CSR13;
6.1.1.c.
				The flare or flare stack is not subject to the requirements of 45CSR14,
				45CSR16, 45CSR19, 45CSR25, 45CSR30 or 45CSR34; and
6.1.1.d. The source maintains records of
				emissions, monitoring results or other records sufficient to determine
				compliance with the requirements of paragraphs 6.1.1.a through 6.1.1.c for a
				minimum period of 3 years and makes such records available upon the Secretary's
				request.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-06 - Control of Air Pollution from Combustion of Refuse › Section 45-6-7 - Reports and Testing

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. At such
				reasonable times as the Secretary may designate, the operator of any
				incinerator shall be required to conduct or have conducted stack tests to
				determine the particulate matter loading, by using 40 CFR Part 60, Appendix A,
				Method 5 and 45CSR16 or other equivalent U.S. EPA approved method approved by
				the Secretary, in exhaust gases. Such tests shall be conducted in such manner
				as the Secretary may specify and be filed on forms and in a manner acceptable
				to the Secretary. The Secretary may, at the Secretary's option, witness or
				conduct such stack tests. Should the Secretary exercise his or her 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 Secretary
				may require, power for test equipment and the required safety equipment such as
				scaffolding, railings and ladders to comply with generally accepted good safety
				practices.
7.2. The Secretary may
				conduct such other tests as the Secretary may deem necessary to evaluate air
				pollution emissions other than those noted above.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-06 - Control of Air Pollution from Combustion of Refuse › Section 45-6-8 - Variances

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. If it can
				be demonstrated to the Secretary that the disposal of certain materials by any
				method other than burning leads to ground water contamination, then the person
				responsible for the disposal of such materials shall submit to the Secretary
				within 60 days of such demonstration a program and preconstruction permit
				application under 45CSR13 leading to the construction of a suitable
				incinerator. If such program and permit is approved by the Secretary, the
				person shall not be in violation as long as such incineration is in accordance
				with the approved program and permit issued by the Secretary.
8.2. Reserved.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-06 - Control of Air Pollution from Combustion of Refuse › Section 45-6-9 - Alternative Emission Limitations

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Any owner or
				operator that cannot meet the emission limitations established in section 4
				during periods of startup or shutdown shall request an alternative emission
				limitation pursuant to 45CSR1.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-06 - Control of Air Pollution from Combustion of Refuse › Section 45-6-10 - Emergencies and Natural Disasters

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. In situations
				involving flood, tornado, ice storm, high winds or other natural disaster the
				Secretary may, based on demonstrated need, approve temporary open burning of
				vegetation, non-hazardous building debris and other non-hazardous debris from
				such natural disaster which would otherwise be subject to the requirements of
				sections 3 or 6, provided that:
10.1.1. There
				is no practical alternative method for disposal of the material to be
				burned;
10.1.2. The health, safety,
				comfort and property of persons are protected from such burning; and
10.1.3. Approval to conduct such burning is
				received from the Secretary.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-06 - Control of Air Pollution from Combustion of Refuse › Section 45-6-11 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The
				following combustion units are subject to the requirements of 45CSR18 and shall
				be exempt from the requirements of this rule:
11.1.1. Large municipal waste combustors,
				small municipal waste combustion units, hospital/ medical/ infectious waste
				incinerators, commercial and industrial solid waste incineration units, and
				other solid waste incineration units;
11.1.2. Air curtain incinerators which are a
				distinct operating unit of any commercial or industrial facility;
11.1.3. Any air curtain incinerator that
				burns less than 35 tons per day of municipal solid waste, or is located at an
				institutional facility burning any amount of institutional waste generated at
				that facility; and
11.1.4.
				Incinerators or air curtain incinerators used on a temporary basis to combust
				vegetation or debris from disaster recovery or a state of
				emergency.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-06 - Control of Air Pollution from Combustion of Refuse › Section 45-6-12 - Effect of the Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Nothing in
				this rule shall be construed to allow or permit the installation, establishment
				or construction of a new municipal or commercial solid waste facility utilizing
				incineration technology for the purpose of solid waste incineration in
				violation of W.Va. Code §22-15-19.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-06 - Control of Air Pollution from Combustion of Refuse › Section 45-6-13 - 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 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 45-06 - Control of Air Pollution from Combustion of Refuse › Section 45-6-14 - Disposition of Rule; Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. In the event
				the U.S. EPA's June 12, 2015 "State Implementation Plans: Response to Petition
				for Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to SIPs;
				Finding of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying
				to Excess Emissions During Periods of Startup, Shutdown and Malfunction," at 80
				Fed. Reg. 33840 (2015 SSM SIP Call) is withdrawn by the U.S. EPA, is
				invalidated by a court of competent jurisdiction, and/or is invalidated by an
				act of the West Virginia Legislature or United States Congress, the Secretary
				may terminate any permit or section of an existing permit issued pursuant to
				this rule.
14.2. In the event the
				U.S. EPA's April 17, 2023 "Air Plan Disapproval; West Virginia; Revision to the
				West Virginia State Implementation Plan To Add the Startup, Shutdown,
				Maintenance Rule 45CSR1-Alternative Emission Limitations During Startup,
				Shutdown, and Maintenance Operations," at 88 Fed. Reg. 23356 (45CSR1 2023
				Disapproval) is withdrawn by the U.S. EPA, is invalidated by a court of
				competent jurisdiction, and/or is invalidated by an act of the West Virginia
				Legislature or United States Congress, the Secretary may terminate any permit
				or section of an existing permit issued pursuant to this rule.
14.3. In the event the U.S. EPA's April 17,
				2023 "West Virginia; Finding of Failure To Submit State Implementation Plan
				Revision in Response to the 2015 Findings of Substantial Inadequacy and SIP
				Calls To Amend Provisions Applying to Excess Emissions During Periods of
				Startup, Shutdown, and Malfunction," at 88 Fed. Reg. 23353 (2023 FFS) is
				withdrawn by the U.S. EPA, is invalidated by a court of competent jurisdiction,
				and/or is invalidated by an act of the West Virginia Legislature or United
				States Congress, the Secretary may terminate any permit or section of an
				existing permit issued pursuant to this rule.
14.4. In the event the 2015 SSM SIP Call,
				45CSR1 2023 Disapproval, and/or the 2023 FFS is withdrawn by the U.S. EPA, is
				invalidated by a court of competent jurisdiction, and/or is invalidated by an
				act of the West Virginia Legislature or United States Congress, the Secretary
				may sever requirement §45-6-9.1 and revert to the June 1, 2008
				requirements found at §45-6-8.2.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-07 - To Prevent And Control Particulate Matter Air Pollution from Manufacturing Processes And Associated Operations › Section 45-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule establishes particulate matter emission standards for manufacturing
				processes and associated operations and sets forth permitting, testing,
				reporting, and exemption provisions.
1.2. Authority. -- W. Va. Code
				§22-5-4.
1.3. Filing Date. -- May 2, 2024.
1.4. Effective Date. -- June 1,
				2024.
1.5. Sunset provision. --
				Does not apply.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-07 - To Prevent And Control Particulate Matter Air Pollution from Manufacturing Processes And Associated Operations › Section 45-7-5 - Control of Fugitive Particulate Matter

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. No person
				shall cause, suffer, allow or permit any manufacturing process or storage
				structure generating fugitive particulate matter to operate that is not
				equipped with a system, which may include, but not be limited to, process
				equipment design, control equipment design or operation and maintenance
				procedures, to minimize the emissions of fugitive particulate matter. To
				minimize means such system shall be installed, maintained and operated to
				ensure the lowest fugitive particulate matter emissions reasonably
				achievable.
5.2. The owner or
				operator of a plant shall maintain particulate matter control of the plant
				premises, and plant owned, leased or controlled access roads, by paving,
				application of asphalt, chemical dust suppressants or other suitable dust
				control measures. Good operating practices shall be implemented and when
				necessary particulate matter suppressants shall be applied in relation to
				stockpiling and general material handling to minimize particulate matter
				generation and atmospheric entrainment.
5.3. The provisions of subsections 3.1, 3.2,
				and 5.1 shall not apply to particulate matter emitted from the operation of a
				ferroalloy electric submerged arc furnace in existence prior to June 1, 1993
				during blowing taphole events, poling and oxygen lancing operations. Poling
				emissions shall not exceed 5 minutes in duration during any poling
				operation.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-07 - To Prevent And Control Particulate Matter Air Pollution from Manufacturing Processes And Associated Operations › Section 45-7-6 - Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All
				persons owning and/or operating an existing manufacturing process source
				operation not previously registered shall register such source operation with
				the Secretary. The information required for registration shall be determined by
				the Secretary, and shall be provided in the manner specified by the
				Secretary.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-07 - To Prevent And Control Particulate Matter Air Pollution from Manufacturing Processes And Associated Operations › Section 45-7-7 - Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. No person
				shall construct, modify or relocate any manufacturing process source operation
				without first obtaining a permit in accordance with the provisions of W. Va.
				Code §22-5-1 et seq., and series 13, 14,
				19 and 30 of Title 45.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-07 - To Prevent And Control Particulate Matter Air Pollution from Manufacturing Processes And Associated Operations › Section 45-7-8 - Reporting and Testing

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. At such
				reasonable times as the Secretary may designate, the operator of any
				manufacturing process source operation may be required to conduct or have
				conducted stack tests to determine the particulate matter loading in exhaust
				gases. Such tests shall be conducted in such manner as the Secretary may
				specify and be filed on forms and in a manner acceptable to the Secretary. The
				Secretary may at his option witness or conduct such stack tests. Should the
				Secretary 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 Secretary may require, power for test equipment and the required
				safety equipment such as scaffolding, railings and ladders to comply with
				generally accepted good safety practices.
8.2. The Secretary may conduct such other
				tests as he or she may deem necessary to evaluate air pollution
				emissions.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-07 - To Prevent And Control Particulate Matter Air Pollution from Manufacturing Processes And Associated Operations › Section 45-7-10 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Provisions of this rule shall not apply to particulate matter emissions
				regulated by Title 45, Series 2, 3, and 5 or to mobile internal combustion
				engines and aircraft.
10.2.
				Fugitive particulate matter emissions from any manufacturing processes and
				associated operations which are subject to this rule shall be exempt from the
				provisions of 45CSR17, provided that such sources shall not be exempt from the
				provisions of W.Va. Code §§22-5-1 et seq., including the
				provisions of §22-5-3 relating to statutory air
				pollution.
10.3.
				Reserved.
10.4. Reserved.
10.5. The owner or operator of a
				manufacturing process shall be exempt from subsection 4.1 for source(s) of
				emissions that have a potential to emit less than 1 pound per hour of
				particulate matter and an aggregate of less than 1000 pounds per year for all
				such sources of particulate matter located at the stationary source.
				Particulate matter, for the purposes of this subsection, will not include
				particulate matter classified as hazardous air pollutants pursuant to
				42 U.S.C.
				§7412(b) the federal
				Clean Air Act §112(b).
10.6.
				The owner or operator of a manufacturing process shall be exempt from
				subsection 4.2 for source(s) of emissions that have a potential to emit less
				than one tenth of a pound (0.1) per hour of mineral acids and an aggregate of
				less than 100 pounds per year for all sources of mineral acids located at the
				stationary source. The Secretary may approve in a permit or consent order an
				alternative exemption from subsection 4.2 for source(s) of emissions that can
				demonstrate on a case-by-case basis that their emissions are
				insignificant.
10.7.
				Notwithstanding any other provisions in this rule, the Secretary may revoke any
				and all exemptions, except for subsections 10.1 and 10.2. The Secretary shall
				notify the affected source(s) in writing that an exemption will be revoked,
				effective date thereof, and the reasons therefore.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-07 - To Prevent And Control Particulate Matter Air Pollution from Manufacturing Processes And Associated Operations › Section 45-7-11 - Alternative Emission Limits for Duplicate Source Operations

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The owner
				or operator of a duplicate source operation subject to section 4 which has
				individual source operations discharging through separate stacks, may petition
				the Secretary to approve individual stack allowable emission rates differing
				from the proration calculated under subsection 4.8. The Secretary may approve
				such request in accordance with subsections 11.2 and 11.3 provided that there
				shall be no increase in the total allowable emissions from the duplicate source
				operation as previously provided under section 4. The Secretary shall not
				approve a relaxation of a technology-based emission limitation for a specific
				unit or stack within a duplicate source operation that has been established
				pursuant to any other rule nor shall the Secretary approve a relaxation in
				emission limits previously established for the purpose of avoiding the
				permitting requirements of 45CSR14 or 45CSR19.
11.2. A request for approval of alternative
				individual stack allowable emission rates made to the Secretary pursuant to
				subsection 11.1 shall be filed as an application for an existing stationary
				source operating permit as provided under 45CSR13 and shall contain such
				information as the Secretary deems necessary for acting upon the request. Such
				information shall include, but not be limited to, an air quality impact
				analysis demonstrating that the alternative emission rates would not cause or
				contribute to a violation of any federal or state ambient air quality standard
				or any applicable maximum allowable increase over the baseline concentration of
				particulate matter in the area affected by the duplicate source
				operation.
11.3. Any approval of
				alternative allowable emission rates by the Secretary pursuant to subsections
				11.1 and 11.2 shall be embodied in a permit issued as an existing stationary
				source operating permit in accordance with 45CSR13.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-07 - To Prevent And Control Particulate Matter Air Pollution from Manufacturing Processes And Associated Operations › Section 45-7-12 - Alternative Emission Limitations for Startup or Shutdown

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Any owner or
				operator that cannot comply with the emission limitations established in
				section 3 through 6 during periods of startup or shutdown shall request an
				alternative emission limitation pursuant to 45CSR1.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-07 - To Prevent And Control Particulate Matter Air Pollution from Manufacturing Processes And Associated Operations › Section 45-7-13 - 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 existing 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.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-07 - To Prevent And Control Particulate Matter Air Pollution from Manufacturing Processes And Associated Operations › Section 45-7-14 - Disposition of Rule; Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. In the event
				the U.S. EPA's June 12, 2015 "State Implementation Plans: Response to Petition
				for Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to SIPs;
				Finding of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying
				to Excess Emissions During Periods of Startup, Shutdown and Malfunction," at 80
				Fed. Reg. 33840 (2015 SSM SIP Call) is withdrawn by the U.S. EPA, is
				invalidated by a court of competent jurisdiction, and/or is invalidated by an
				act of the West Virginia Legislature or United States Congress, the Secretary
				may terminate any permit or section of an existing permit issued pursuant to
				this rule.
14.2. In the event the
				U.S. EPA's April 17, 2023 "Air Plan Disapproval; West Virginia; Revision to the
				West Virginia State Implementation Plan To Add the Startup, Shutdown,
				Maintenance Rule 45CSR1-Alternative Emission Limitations During Startup,
				Shutdown, and Maintenance Operations," at 88 Fed. Reg. 23356 (45CSR1 2023
				Disapproval) is withdrawn by the U.S. EPA, is invalidated by a court of
				competent jurisdiction, and/or is invalidated by an act of the West Virginia
				Legislature or United States Congress, the Secretary may terminate any permit
				or section of an existing permit issued pursuant to this rule.
14.3. In the event the U.S. EPA's April 17,
				2023 "West Virginia; Finding of Failure To Submit State Implementation Plan
				Revision in Response to the 2015 Findings of Substantial Inadequacy and SIP
				Calls To Amend Provisions Applying to Excess Emissions During Periods of
				Startup, Shutdown, and Malfunction," at 88 Fed. Reg. 23353 (2023 FFS) is
				withdrawn by the U.S. EPA, is invalidated by a court of competent jurisdiction,
				and/or is invalidated by an act of the West Virginia Legislature or United
				States Congress, the Secretary may terminate any permit or section of an
				existing permit issued pursuant to this rule.
14.4. In the event the 2015 SSM SIP Call,
				45CSR1 2023 Disapproval, and/or the 2023 FFS is withdrawn by the U.S. EPA, is
				invalidated by a court of competent jurisdiction, and/or is invalidated by an
				act of the West Virginia Legislature or United States Congress, the Secretary
				may sever requirements §45-7-12.1 and revert to the August 31, 2000
				requirements found at §§45-7-9.1, -10.3, and -10.4.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-07 - To Prevent And Control Particulate Matter Air Pollution from Manufacturing Processes And Associated Operations › Table 45-7A

Current through Register Vol. XLI, No. 28, July 12, 2024
Operating Source Operation or
							 Total Duplicate Source Operation Process Weight Rate in Pounds Per
							 Hour1
Type 'a'
Type 'b'
Type 'c'
Type
							 'd'2
0
0
0
0
0
2,500
3
3
9
0.2
5,000
5
5
13
0.8
10,000
10
10
19
1.8
20,000
16
16
26
4.0
30,000
22
22
32
6.2
40,000
28
28
36
8.3
50,000
31
31
40
10.5
100,000
33
33
54
21.2
200,000
37
37
70
21.2
300,000
40
40
80
21.2
400,000
43
46
88
21.2
500,000
47
53
94
21.2
600,000
50
62
99
21.2
700,000
50
71
99
21.2
800,000
50
79
99
21.2
900,000
50
88
99
21.2
1,800,000 and above
50
176
99
21.2
1. For a process weight between
				  any two consecutive process weights stated in this table, the emission
				  limitation shall be determined by linear interpolation.
2. Type 'd' source operation stack
				  emission rates do not apply to mineral acids. See subsection 4.2.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-07 - To Prevent And Control Particulate Matter Air Pollution from Manufacturing Processes And Associated Operations › Table 45-7B

Current through Register Vol. XLI, No. 28, July 12, 2024
Mineral Acid
Allowable stack gas
							 concentration in milligrams per dry cubic meter at standard conditions from
							 source operations or duplicate source operations in existence on July 1,
							 1970
Allowable stack gas
							 concentration in milligrams per dry cubic meter at standard conditions from
							 source operations or duplicate source operations installed after July 1,
							 1970
Sulfuric Acid Mist
70
35
Nitric Acid Mist and/or Vapor
140
70
Hydrochloric Acid Mist and/or Vapor
420
210
Phosphoric Acid Mist and/or Vapor
6
3
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-07A - Compliance Test Procedures For 45 CSR 7 - To Prevent And Control Particulate Air Pollution from Manufacturing Process Operations › Section 45-7A-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- It
				is the intent and purpose of this procedural rule to establish test procedures
				to determine compliance with 45CSR7 - "To Prevent and Control Particulate Air
				Pollution From Manufacturing Process Operations".
1.2. Authority. -- W. Va. Code ''22-5-1 et
				seq, 29A-1-2(g); and WV45CSR7.
1.3.
				Filing Date. -- December 22, 1998.
1.4. Effective Date. -- February 1,
				1999.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-07A - Compliance Test Procedures For 45 CSR 7 - To Prevent And Control Particulate Air Pollution from Manufacturing Process Operations › Section 45-7A-3 - Mass Emission Test Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Compliance with the mass emission standards set forth in sections 3 and 4 of
				45CSR7 shall be determined in accordance with the following:
3.1.a. Except as otherwise provided in
				section 3.1., stack testing to determine particulate mass emissions shall be
				performed using the methodology set forth in 40 CFR, Part 60, Appendix A,
				Methods 1 through 5, as published July 1, 1997, unless the Director determines
				that some aspect of the methods are not appropriate or adaptable to a
				particular manufacturing process source operation due to process parameters,
				access to test location, or other factors.
In the event that Methods 1-5 cannot be employed for a
				  particular process operation, the Director may specify or approve alternative
				  methods or variances to these reference methods that have been demonstrated to
				  be equivalent. Such alternative methods may include the methodology set forth
				  in 40 CFR, Part 60, Appendix A, Method 17, as published July 1, 1997.
3.1.a.1. Compliance shall be determined by
				taking the average of the mass emission rates determined from three (3)
				consecutive test runs conducted during a seven (7) day period.
3.1.a.2. Unless otherwise approved or
				specified by the Director, a minimum volume of thirty (30) standard cubic feet
				(SCF) of gas must be sampled per test run.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-08 - Ambient Air Quality Standards › Section 45-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule establishes and adopts ambient air quality standards in West Virginia
				for carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter, and
				sulfur dioxide, equivalent to the national primary and secondary ambient air
				quality standards established under Section 109 of the Clean Air Act and
				promulgated by the United States Environmental Protection Agency under 40
				C.F.R. Part 50. National primary ambient air quality standards define levels of
				air quality which the Administrator judges are necessary, with an adequate
				margin of safety, to protect the public health. National secondary ambient air
				quality standards define levels of air quality which the Administrator judges
				necessary to protect the public welfare from any known or anticipated adverse
				effects of a pollutant. This rule also establishes and adopts ambient air
				monitoring reference methods and equivalent methods promulgated by the United
				States Environmental Protection Agency under 40 C.F.R. Part 53. The Secretary
				hereby adopts these standards and methods by reference. The Secretary also
				adopts the appendices to these standards and methods. These standards and
				methods are subject to revision, and additional primary and secondary standards
				may be promulgated as the Administrator deems necessary to protect the public
				health and welfare.
1.2. Authority.
				-- W.Va. Code §22-5-4.
1.3. Filing Date. -- May 2, 2024.
1.4. Effective Date. -- June 1,
				2024.
1.5. Sunset Provision. --
				Does not apply.
1.6. Incorporation
				by Reference. -- Federal Counterpart Regulation. The Secretary has determined
				that a federal counterpart regulation exists, and in accordance with the
				Secretary's recommendation this rule incorporates by reference 40 C.F.R. Part
				50, "National Primary and Secondary Ambient Air Quality Standards," and 40
				C.F.R. Part 53, "Ambient Air Monitoring Reference and Equivalent Methods,"
				effective June 1, 2023.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-08 - Ambient Air Quality Standards › Section 45-8-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Administrator" means the Administrator of the United States Environmental
				Protection Agency or his or her authorized representative.
2.2. "Clean Air Act" ("CAA") means the
				federal Clean Air Act, as amended,
				42 U.S.C.
				§7401, et seq..
2.3. "Secretary" means the Secretary of the
				Department of Environmental Protection or other person to whom the Secretary
				has delegated authority or duties pursuant to W.Va. Code
				§§22-1-6 or
				22-1-8.
2.4. Other words and phrases used in this
				rule, unless otherwise indicated, shall have the meaning ascribed to them in
				40 C.F.R.
				§50.1. Words and phrases not defined
				therein shall have the meaning given to them in the federal Clean Air
				Act.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-08 - Ambient Air Quality Standards › Section 45-8-3 - Adoption of standards

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Secretary
				hereby adopts and incorporates by reference the national primary and secondary
				ambient air quality standards promulgated by the United States Environmental
				Protection Agency under 40 C.F.R. Part 50, effective June 1, 2023. These
				standards are adopted for the purpose of establishing ambient air quality
				standards in West Virginia that are equivalent to those established under
				Section 109 of the Clean Air Act, as amended.
3.2. The Secretary hereby adopts and
				incorporates by reference the ambient air monitoring reference methods and
				equivalent methods promulgated by the United States Environmental Protection
				Agency under 40 C.F.R. Part 53, effective June 1, 2023. These standards are
				adopted for the purpose of establishing ambient air monitoring reference
				methods and equivalent methods in West Virginia.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-08 - Ambient Air Quality Standards › Section 45-8-4 - Inconsistency between rules

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. 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 45-10 - To Prevent And Control Air Pollution from the Emission Of Sulfur Oxides › Section 45-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.
1.1.1. This rule establishes emission
				standards for sulfur oxides from fuel burning units and sets forth the
				registration, permitting, reporting, testing, recordkeeping and exemption
				requirements.
1.1.2. Fuel Quality
				Goals. -- It is the intent of the Secretary that all persons engaged in the
				burning of fuel make a maximum effort to utilize the best quality fuel
				available regardless of 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 45-10 - To Prevent And Control Air Pollution from the Emission Of Sulfur Oxides › Section 45-10-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Air
				Pollutants" means solids, liquids or gases which, if discharged into the air,
				may result in a statutory air pollution.
2.2. "Air Pollution", "statutory air
				pollution" shall have the meaning ascribed to it in W. Va. Code
				§22-5-2.
2.3. "Alternative Emission Limitation" means
				an emission limitation that applies to a source during some but not all periods
				of normal operation (e.g., applies only during a specifically defined mode of
				operation such as startup or shutdown). An alternative emission limitation is a
				component of a continuously applicable emission limitation, and it may take the
				form of a control measure such as a design, equipment, work practice or
				operational standard (whether or not numerical).
2.4. "Continuous Emission Monitoring System"
				means the total equipment required for the determination of a gas concentration
				or emission rate, in the units of the standard.
2.5. "Distillate Oil" means fuel oil that
				complies with the specifications for fuel oil numbers 1 and 2, as defined by
				the American Society for Testing and Materials in ASTM D396-98, "Standard
				Specification for Fuel Oils".
2.6.
				"Equivalent Fuel Sulfur Content" means that quantity of sulfur dioxide in
				pounds per million British Thermal Units (BTU's) which corresponds to a given
				percent sulfur in fuel being burned and is calculated on the basis of 100%
				conversion of the sulfur to sulfur dioxide and assuming that no sulfur or
				sulfur dioxide recovery or control measures are employed.
2.7. "Fuel" means any form of combustible
				matter (solid, liquid, vapor or gas) that is used as a source of
				heat.
2.8. "Fuel Burning Unit"
				means and include any furnace, boiler apparatus, device, mechanism, stack or
				structure used in the process of burning fuel or other combustible material for
				the primary purpose of producing heat or power by indirect heat transfer. For
				the purposes of this rule, all fuel burning units are classified in the
				following categories:
2.8.1. Type 'a' means
				any fuel burning unit which has as its primary purpose the generation of steam
				or other vapor to produce electric power for sale.
2.8.2. Type 'b' means any fuel burning unit
				not classified as a Type 'a' or Type 'c' unit such as industrial
				pulverized-fuel-fired furnaces, cyclone furnaces, gas-fired and
				liquid-fuel-fired units.
2.8.3.
				Type 'c' means any hand-fired or stoker-fired fuel burning unit not classified
				as a Type 'a' unit.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-10 - To Prevent And Control Air Pollution from the Emission Of Sulfur Oxides › Section 45-10-3 - Sulfur Dioxide Weight Emission Standards for Fuel Burning Units

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Total
				Allowable Emission Rates for Similar Units in Priority I and Priority II
				Regions. -- No person shall cause, suffer, allow or permit the discharge of
				sulfur dioxide into the open air from all stacks located at one plant, measured
				in terms of pounds per hour, in excess of the amount determined as follows:
3.1.1. Reserved.
3.1.2. For fuel burning units of the Mitchell
				Plant of Kentucky Power Company and Wheeling Power Company, located in Air
				Quality Control Region I, the product of 7.5 and the total actual operating
				heat inputs for such units discharging through those stacks in million BTU's
				per hour.
3.1.3.
				Reserved.
3.1.4. For fuel burning
				units of the Mt. Storm Plant of Virginia Electric and Power Company, located in
				Air Quality Control Region VII, the product of 2.7 and the total design heat
				inputs for such units discharging through those stacks in million BTU's per
				hour.
3.1.5. For Type 'b', and Type
				'c' fuel burning units, the product of 3.1 and the total design heat inputs for
				such units discharging through those stacks in million BTU's per
				hour.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-10 - To Prevent And Control Air Pollution from the Emission Of Sulfur Oxides › Section 45-10-4 - Standards for Manufacturing Process Source Operations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. No person
				shall cause, suffer, allow or permit the emission into the open air from any
				source operation an in-stack sulfur dioxide concentration exceeding 2,000 parts
				per million by volume from existing source operations, except as provided in
				subdivisions 4.1.1 through 4.1.5.
4.1.1. No
				person shall cause, suffer, allow or permit sulfur dioxide tail gas emissions
				from sulfuric acid manufacturing plants to exceed the following:
4.1.1.a. For plants using elemental sulfur as
				a feed stock, 30 pounds per ton of acid produced.
4.1.1.b. For plants using other materials as
				a feed stock, 40 pounds per ton of acid produced.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-10 - To Prevent And Control Air Pollution from the Emission Of Sulfur Oxides › Section 45-10-7 - Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. No person
				shall construct, modify or relocate any source of sulfur dioxide without first
				obtaining a permit in accordance with the provisions of W. Va. Code
				§22-5-1 et seq., and Series 13, 14,
				19 and 30 of Title 45.