reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 44 - Water Development Authority › Title 44 - LEGISLATIVE RULES WATER DEVELOPMENT AUTHORITY › Series 44-02 - Requirements governing disbursement Of loans And grants To governmental agencies For The acquisition Or construction Of water development projects › Section 44-2-3 - State Grants

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Eligibility
				for participation in program.
3.1.1.
				Governmental agencies eligible for participation in program. -- All municipal
				corporations, counties and other public bodies or any combination thereof
				empowered to construct water facilities and the Authority, when constructing such
				facilities to service such municipal corporations, counties or other public
				bodies, shall be eligible to participate in the program.
3.1.2. Application for participation in
				program. -- Any eligible municipal corporation, county or other public body or
				any combination thereof which desires to participate in the program shall make a
				separate application to the Authority on forms prescribed by the Director of the
				Authority for each project for which such participation is desired.
3.1.3. Determination of priority for
				participation in program. -- The priority for each project for which an
				application is received by the Authority shall be fixed in relation to other
				projects for which applications are received by the Authority on the date which
				the applicant has satisfied the following conditions:
(a) Delivered to the Authority an agreement for
				the construction, maintenance and operation of the project between the applicant
				and the Authority which is consistent with Section 3.6.1 of these rules, which
				has been authorized and approved by the legislative authority or authorities of
				the applicant and which has been executed by the applicant.
(b) Provided certification that detailed plans,
				profiles, cross sections, estimates, specifications and such other requirements
				as are appropriate have been approved by all legally required agencies.
(c) Provided written assurance that a properly
				certified operator will be employed upon completion of fifty percent (50%) of the
				project's construction.
3.1.4. Eligibility for participation in program
				if project should be combined with another project. -- If the Authority
				determines that a project for which application is made should be combined with
				another project or should serve governmental agencies not included as the
				applicant, the Authority may delay the date upon which the project's priority is
				established in relation to other projects for which applications are received
				until such date as the project is expanded to include the additional project or
				projects or governmental agency or agencies.
West Virginia Code of State Rules › Agency 44 - Water Development Authority › Title 44 - LEGISLATIVE RULES WATER DEVELOPMENT AUTHORITY › Series 44-02 - Requirements governing disbursement Of loans And grants To governmental agencies For The acquisition Or construction Of water development projects › Section 44-2-4 - State Loans

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Description
				of loans.
4.1.1. Source of loan funds. -- It is
				anticipated that the Authority shall obtain the funds with which to make loans
				from the proceeds of revenue bonds and notes issued from time to time by the
				Authority pursuant to the Act, although the Authority may use funds from other
				sources to make such loans.
4.1.2.
				Evidence of and security for loans. -- The loans shall be evidenced by revenue
				bonds or notes or other debt instruments issued by applicants and purchased by
				the Authority, at par or at a discount, to reflect the costs of the Authority
				incurred in issuing its obligations to provide the funds to make the loans and
				other costs related to financing such water development projects, and shall be
				secured by a pledge of the fees, charges and all other revenues of the water
				development projects to be constructed, in whole or in part, with the proceeds of
				the loans and any other collateral required by the Authority.
4.1.3. Amount of loan. -- Each loan shall be in
				an amount which shall cover all costs of the water development project to be
				constructed by the applicant for which funds from the aforesaid grant or other
				sources are not available.
West Virginia Code of State Rules › Agency 44 - Water Development Authority › Title 44 - LEGISLATIVE RULES WATER DEVELOPMENT AUTHORITY › Series 44-03 - Rule Confirming Existing Practices And Establishing Addition, New Procedures In Relation To Providing Public Notice Of Date, Time, Place And Purpose Of Meetings Of WV Water Development Board › Section 44-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes procedures
				for providing notice to the public and the news media of all regularly scheduled,
				special and emergency meetings of the West Virginia Water Development
				Board.
1.2. Authority. -- W. Va. Code
				''22C-1-6(1) and 6-9A-3.
1.3. Filing
				Date. -- September 1, 1999.
1.4.
				Effective Date. -- November 4, 1999.
West Virginia Code of State Rules › Agency 44 - Water Development Authority › Title 44 - LEGISLATIVE RULES WATER DEVELOPMENT AUTHORITY › Series 44-03 - Rule Confirming Existing Practices And Establishing Addition, New Procedures In Relation To Providing Public Notice Of Date, Time, Place And Purpose Of Meetings Of WV Water Development Board › Section 44-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Authority" means the West Virginia Water
				Development Authority created and established under W. Va. Code '22C-1-1 et
				seq.
2.2. "Board" means the West
				Virginia Water Development Board created by W. Va. Code '22C-1-4.
West Virginia Code of State Rules › Agency 44 - Water Development Authority › Title 44 - LEGISLATIVE RULES WATER DEVELOPMENT AUTHORITY › Series 44-03 - Rule Confirming Existing Practices And Establishing Addition, New Procedures In Relation To Providing Public Notice Of Date, Time, Place And Purpose Of Meetings Of WV Water Development Board › Section 44-3-3 - Public Notification Of Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Regularly Scheduled Meetings -- The Authority shall cause notice of its regularly
				scheduled meetings of the Board to be filed with the office of the Secretary of
				State for the State of West Virginia for publication in the State Register in a
				manner to allow each notice to appear in said publication at least five days
				prior to the date of the meeting. Notice provided under this section shall
				include the date, time, place and agenda of the meeting.
3.2. Special Meetings -- The Authority shall
				cause notice of all special meetings of the Board to be filed with the office of
				the Secretary of State for the State of West Virginia for publication in the
				State Register in a manner to allow each notice to appear in said publication at
				least five days prior to the date of the meeting. Notice provided under this
				section shall include the date, time, place and purpose of the meeting.
3.3. Emergency Meetings -- The Authority may
				file notice of any emergency meetings of the Board requiring immediate official
				action with the office of the Secretary of State for the State of West Virginia
				for publication in the State Register at any time prior to such meeting. Notice
				provided under this section shall include the date, time, place and purpose of
				the meeting and the facts and circumstances of the emergency.
West Virginia Code of State Rules › Agency 44 - Water Development Authority › Title 44 - LEGISLATIVE RULES WATER DEVELOPMENT AUTHORITY › Series 44-03 - Rule Confirming Existing Practices And Establishing Addition, New Procedures In Relation To Providing Public Notice Of Date, Time, Place And Purpose Of Meetings Of WV Water Development Board › Section 44-3-4 - Continued Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. For purposes
				of this rule, the announcement of continuation at a meeting otherwise noticed
				hereunder shall be deemed reasonable notice of the reconvening of the continued
				meeting.
West Virginia Code of State Rules › Agency 44 - Water Development Authority › Title 44 - LEGISLATIVE RULES WATER DEVELOPMENT AUTHORITY › Series 44-03 - Rule Confirming Existing Practices And Establishing Addition, New Procedures In Relation To Providing Public Notice Of Date, Time, Place And Purpose Of Meetings Of WV Water Development Board › Section 44-3-5 - Additional Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Nothing in
				this rule shall prohibit the Authority from providing additional notice for any
				particular meeting which it deems desirable or necessary, including the practice
				of causing the notice to be provided to local newspapers, television stations,
				radio stations and other news media.
West Virginia Code of State Rules › Agency 44 - Water Development Authority › Title 44 - LEGISLATIVE RULES WATER DEVELOPMENT AUTHORITY › Series 44-03 - Rule Confirming Existing Practices And Establishing Addition, New Procedures In Relation To Providing Public Notice Of Date, Time, Place And Purpose Of Meetings Of WV Water Development Board › Section 44-3-6 - Amendments to Agenda

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. If amendments
				to the agendas published in accordance with ' 44-3-3.1 should occur prior to the
				date of any regularly scheduled meeting, the Authority shall provide immediate
				notice of such amendment by posting a copy of the amended agenda at a prominent
				place at the location where the meeting is to be held.
West Virginia Code of State Rules › Agency 44 - Water Development Authority › Title 44 - LEGISLATIVE RULES WATER DEVELOPMENT AUTHORITY › Series 44-03 - Rule Confirming Existing Practices And Establishing Addition, New Procedures In Relation To Providing Public Notice Of Date, Time, Place And Purpose Of Meetings Of WV Water Development Board › Section 44-3-7 - Telephone and Electronic Conferences

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Attending
				Meetings B Members of the Board may participate in any regularly scheduled,
				special or emergency meeting of the Board by telephone conference or other
				similar electronic means.
7.2.
				Participation -- At each meeting in which a member participates by telephone or
				electronic means, the presiding officer of the Board shall convene the meeting
				and advise the public of the identity of the members participating in said
				manner. The voice, comments and votes of said members shall be audible to all
				those personally present at the meeting.
7.3. Voting B Members attending a meeting of
				the Board by telephone or electronic means may cast votes on any matter to be
				voted upon at the meeting; provided, that no member may cast his or her vote by
				facsimile transmission. Whenever a majority of the members has participated in a
				meeting of the Board by telephone or electronic means, the actions taken at that
				meeting shall be ratified at the next succeeding regularly scheduled meeting of
				the Board, and said ratification shall be placed in the minutes of the meeting.
				Whenever less than a majority of the members has participated in a meeting of the
				Board by telephone or electronic means, the votes of those members so
				participating shall be confirmed at the next succeeding regularly scheduled
				meeting of the Board, and said confirmation shall be placed in the minutes of the
				meeting.
West Virginia Code of State Rules › Agency 44 - Water Development Authority › Title 44 - LEGISLATIVE RULES WATER DEVELOPMENT AUTHORITY › Series 44-03 - Rule Confirming Existing Practices And Establishing Addition, New Procedures In Relation To Providing Public Notice Of Date, Time, Place And Purpose Of Meetings Of WV Water Development Board › Section 44-3-8 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. If any word, phrase or provision of this
				rule is held to be invalid, the remainder of the rule shall, to the fullest
				extent possible, not be affected by that holding.
West Virginia Code of State Rules › Agency 44 - Water Development Authority › Title 44 - LEGISLATIVE RULES WATER DEVELOPMENT AUTHORITY › Series 44-04 - Purchasing Procedure › Section 44-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule is to ensure certain
				controls and accountabilities are in place for the purchase of goods and
				services by the Authority. This rule identifies procurement guidelines based on
				the monetary amount of the good or service.
1.2. Authority. -- W. Va. Code
				§
									22C-1-6.
1.3. Filing Date. --
				June 11, 2020.
1.4. Effective Date.
				-- July 11, 2020.
West Virginia Code of State Rules › Agency 44 - Water Development Authority › Title 44 - LEGISLATIVE RULES WATER DEVELOPMENT AUTHORITY › Series 44-04 - Purchasing Procedure › Section 44-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Authority" means the West Virginia
				Water Development Authority created and established under W. Va. Code
				§
									22C-1-1 et seq.
2.2. "Board"
				means the Water Development Board.
2.3. "Director" means the Director of the
				Authority, or anyone that the Director has designated in writing to perform a
				specific task or function.
2.4.
				"Local Governmental Agencies" means counties; municipalities; watershed
				improvement districts; soil conservation districts; sanitary districts; public
				service districts; drainage districts; regional governmental authorities and
				any other governmental agency, entity, political subdivision, public
				corporation or agency having the authority to acquire, construct or operate
				public water facilities, storm-water systems or wastewater
				facilities.
2.5. "RFP" means
				Request for Proposal.
2.6. "State"
				means the State of West Virginia.
West Virginia Code of State Rules › Agency 44 - Water Development Authority › Title 44 - LEGISLATIVE RULES WATER DEVELOPMENT AUTHORITY › Series 44-04 - Purchasing Procedure › Section 44-4-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Authority is the agency that
				coordinates the financing and closing for all infrastructure and economic
				development loans and provides financing for the design, construction,
				improvement and acquisition of water and wastewater facilities to Local
				Governmental Agencies. The Authority is also the administrative oversight
				agency for servicing loans and grants made from its revenue bond programs, the
				West Virginia Infrastructure Fund and the Drinking Water Treatment Revolving
				Fund. The Authority provides administrative oversight for the Clean Water
				Treatment Revolving Fund.
The Authority receives no appropriations from the State and
				  is not subject to the State's procurement process. However, for sound financial
				  management and oversight purposes an annual administrative budget is presented
				  to, and approved by, the Board.
West Virginia Code of State Rules › Agency 44 - Water Development Authority › Title 44 - LEGISLATIVE RULES WATER DEVELOPMENT AUTHORITY › Series 44-04 - Purchasing Procedure › Section 44-4-4 - Purchasing Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All purchases of
				goods and services by the Authority are subject to expenditure approval.
				Documentation of the evaluation and decision will be imaged with the executed
				contract, if applicable. If the purchase does not involve a contract,
				documentation should be included as backup to the request for payment and
				imaged with the payable/voucher.
4.2. Requirements for purchases up to $5,000:
4.2.1. No formal bid process is
				required.
4.2.2. The authorized
				approval(s) on the request for payment will serve as documentation of the
				decision of reasonableness and will be imaged with the payable.
West Virginia Code of State Rules › Agency 44 - Water Development Authority › Title 44 - LEGISLATIVE RULES WATER DEVELOPMENT AUTHORITY › Series 44-04 - Purchasing Procedure › Section 44-4-5 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. If any word, phrase, or provision of
				this rule is held to be invalid, the remainder of the rule shall, to the
				fullest extent possible, not affected by that holding.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-01 - Alternative Emission Limitations During Startup, Shutdown and Maintenance Operations › Section 45-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule sets forth the criteria and permit application requirements for
				establishing an alternative emission limitation during periods of startup or
				shutdown. This rule was developed in accordance with "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," 80 Fed. Reg. 33840 (June 12, 2015). The "SSM SIP
				Call" identified provisions in 45CSR2, 45CSR3, 45CSR5, 45CSR6, 45CSR7, 45CSR10
				and 45CSR21 that potentially allowed for excess emissions during SSM events.
				The purpose of this rule is to provide a mechanism for sources that may be
				unable to comply with the applicable emission limits in these rules during
				startup or shutdown events to request and apply for an alternative emission
				limitation in accordance with the requirements of this rule.
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. Applicability.
				This rule applies to the owner or operator of a source subject to 45CSR2,
				45CSR3, 45CSR5, 45CSR6, 45CSR7, 45CSR10 or 45CSR21 which cannot comply with the
				established emission limitations imposed by those rules during periods of
				startup or shutdown.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-01 - Alternative Emission Limitations During Startup, Shutdown and Maintenance Operations › Section 45-1-3 - Alternative Emission Limitation

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any owner or
				operator that meets the applicability criteria set forth in subsection 1.6
				shall request an alternative emission limitation by submitting a permit
				application to the Secretary in accordance with section 4 of this rule and
				45CSR13, 45CSR14, and 45CSR19 as applicable.
3.2. The Secretary shall:
3.2.1. Establish an alternative emission
				limitation as a practically enforceable permit condition for any owner or
				operator of a source subject to this rule which has requested an AEL in
				accordance with subsection 4.1 of this rule and in accordance with the
				requirements of 45CSR13, 45CSR14, and 45CSR19 as applicable;
3.2.2. Develop an alternative emission
				limitation in accordance with the criteria established under section 5 of this
				rule; and
3.2.3. Submit any new
				alternative emission limitation established under this rule to the
				Administrator as a revision to the SIP for approval by the Administrator. The
				justification shall include the potential worst-case emissions that could occur
				during periods of startup or shutdown as set forth in paragraph 5.1.4 of this
				rule.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-01 - Alternative Emission Limitations During Startup, Shutdown and Maintenance Operations › Section 45-1-4 - Application Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any owner or
				operator that cannot comply with the applicable emission limitations required
				by 45CSR2, 45CSR3, 45CSR5, 45CSR6, 45CSR7, 45CSR10 or 45CSR21 during periods of
				startup or shutdown shall apply for a permit in accordance with 45CSR13,
				45CSR14 or 45CSR19, as applicable and request an alternative emission
				limitation for periods of startup or shutdown.
4.2. The permit application shall be specific
				to the emissions unit at the source and shall consist of the following:
4.2.1. The owner or operator shall narrowly
				define startup and shutdown operations at the emissions unit including the
				parameters that define startup and shutdown; the estimated duration of startup
				and shutdown events and the estimated frequency of startup and shutdown events
				for each requested alternative emission limitation.
4.2.2. The owner or operator shall describe
				why the control strategy used during normal operations is technically
				infeasible during periods of startup or shutdown.
4.2.3. The owner or operator shall describe
				any alternate control strategies considered, why the selected alternative
				control strategy is appropriate and why other alternative control strategies
				were not proposed.
4.2.4. The owner
				or operator shall propose alternative emission limitation(s) and monitoring
				parameter(s) during startup or shutdown with reasonable specificity to ensure
				practical enforceability of the alternative emission limitation.
4.2.5. The owner or operator shall provide an
				estimate of the worst-case emissions that may occur during periods of startup
				or shutdown for which the proposed alternative emission limitation will apply.
				For instance, if the proposed AEL is based on a reduced efficiency of the
				control device during startup then the emissions estimate would be based on the
				efficiency during periods of startup.
4.2.6. If the owner or operator is proposing
				a work practice standard as an alternative emission limitation, it may be based
				on equipment manufacturer's recommendations or procedures, industry standards,
				or best management practices based on their unique operating requirements and
				current condition, usage and configuration of the unit.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-01 - Alternative Emission Limitations During Startup, Shutdown and Maintenance Operations › Section 45-1-5 - Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				Secretary shall use the following criteria to evaluate any proposed alternative
				emission limitation requested by the owner or operator in the permit
				application submitted in accordance with subsection 3.1 of this rule and
				45CSR13, 45CSR14 or 45CSR19, as applicable.
5.1.1. An alternative emission limitation
				shall be limited to a specific emission unit using a specific control strategy
				(e.g., cogeneration facilities burning natural gas and using selective
				catalytic reduction).
5.1.2. The
				Secretary shall verify that the applicable emission limit that applies during
				normal operation of the emission unit is not achievable during periods of
				startup or shutdown.
5.1.3. An
				alternative emission limitation requires the frequency and duration of
				operation during periods of startup or shutdown are minimized to the greatest
				extent practicable.
5.1.4. The
				Secretary shall evaluate the potential worst-case emissions that could occur
				during periods of startup or shutdown based on the alternative emission
				limitation.
5.1.5. An alternative
				emission limitation requires all practical steps are taken to minimize the
				impact of emissions on ambient air quality during periods of startup or
				shutdown.
5.1.6. Practically
				enforceable monitoring parameters and records are required to ensure compliance
				with the alternative emission limitation(s).
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-01 - Alternative Emission Limitations During Startup, Shutdown and Maintenance Operations › Section 45-1-6 - Monitoring, Recordkeeping and Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The owner or
				operator shall maintain records during SSM periods. Acceptable records may
				include, but are not limited to, operator logs (may be electronic), Continuous
				Emissions Monitoring System (CEMS) data, or other relevant evidence such as
				operator notes that document the date, time, duration, and estimated emissions
				during a SSM event. The records shall demonstrate that the alternative emission
				limitation requirements were met and document the steps taken to minimize
				emissions to the extent practicable during the event, including, but not
				limited to, any monitored parameter established in the permit issued pursuant
				to 45CSR13, 45CSR14 or 45CSR19, as applicable.
6.2. The owner or operator shall maintain
				records of SSM events for a period of at least 5 years following the date of
				each occurrence. At a minimum, the most recent 2 years of data shall be
				maintained on-site. The remaining 3 years of data may be maintained off-site,
				but shall be made available to the Secretary upon request. The Secretary may
				request reports of such data in a reasonable manner and detail as the Secretary
				may specify. If requested, such reports shall be filed within 30 days of the
				end of the established reporting period. Where appropriate, the owner or
				operator may maintain records electronically.
6.3. Any permit application form, report, or
				compliance certification submitted to the Secretary shall contain a
				certification by the responsible official which states that, based on
				information and belief formed after reasonable inquiry, the statements and
				information in the document are true, accurate, and complete.
6.4. The Secretary may require the submission
				of reports as a condition of any permit issued pursuant to 45CSR13, 45CSR14 or
				45CSR19, as applicable.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-01 - Alternative Emission Limitations During Startup, Shutdown and Maintenance Operations › Section 45-1-7 - Inconsistency Between Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. 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 45-01 - Alternative Emission Limitations During Startup, Shutdown and Maintenance Operations › Section 45-1-8 - Disposition of Rule; Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. 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.
8.2. 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.
8.3. 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.
8.4. 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 §45-1-3.1 and revert to the June 1, 2017
				requirements found at §§45-1-3.2 and -4.1.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-02 - To Prevent And Control Particulate Air Pollution from Combustion Of Fuel In Indirect Heat Exchangers › Section 45-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule establishes emission limitations for smoke and particulate matter
				which are discharged from fuel burning units and sets forth the registration,
				permitting, testing, monitoring, recordkeeping, reporting, and exemption
				requirements. Appendix 45-2 to this rule sets forth compliance determination
				methods and procedures.
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 45-02 - To Prevent And Control Particulate Air Pollution from Combustion Of Fuel In Indirect Heat Exchangers › Section 45-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "ASTM"
				means American Society for Testing and Materials.
2.2. "Air Pollutants" means solids, liquids
				or gases which, if discharged into the air, may result in a statutory air
				pollution.
2.3. "Air Pollution" or
				"statutory air pollution" shall have the meaning ascribed to it in W. Va. Code
				§22-5-2.
2.4. "Air Pollution Control Equipment" means
				any equipment used for collecting or confining particulate matter for the
				purpose of preventing or reducing the emission of this air pollutant into the
				open air.
2.5. "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).
2.6. "Control
				Equipment" means any equipment used for collecting or confining particulate
				matter for the purpose of preventing or reducing the emission of this air
				pollutant into the open air.
2.7.
				"Discharge Point" means the point at which particulate matter is released from
				a stack into open air.
2.8.
				"Distillate Oil" means fuel oil that complies with the specifications for fuel
				oil numbers 1 or 2, as defined by the American Society for Testing and
				Materials in ASTM D396-98, "Standard Specification for Fuel Oils".
2.9. "Fuel" means any form of combustible
				matter (solid, liquid, vapor or gas) that is used as a source of
				heat.
2.10. "Fuel Burning Unit"
				means and includes 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:
2.10.1. 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.
2.10.2. 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.
2.10.3.
				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 45-02 - To Prevent And Control Particulate Air Pollution from Combustion Of Fuel In Indirect Heat Exchangers › Section 45-2-4 - Weight Emission Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. No person
				shall cause, suffer, allow or permit the discharge of particulate matter into
				the open air from all fuel burning units located at one plant, measured in
				terms of pounds per hour in excess of the amount determined as follows:
4.1.1. For Type 'a' fuel burning units, the
				product of 0.05 and the total design heat inputs for such units in million
				British Thermal Units (B.T.U.'s) per hour, provided however that no more than
				1200 pounds per hour of particulate matter shall be discharged into the open
				air from all such units;
4.1.2. For
				Type 'b' fuel burning units, the product of 0.09 and the total design heat
				inputs for such units in million B.T.U.'s per hour, provided however that no
				more than 600 pounds per hour of particulate matter shall be discharged into
				the open air from all such units; and
4.1.3. For Type 'c' fuel burning units, in
				excess of the values listed in Table 45-2, provided however that no more than
				300 pounds per hour of particulate matter shall be discharged into the open air
				from all such units.
4.1.3.a. For values
				between any two corresponding consecutive values listed in Table 45-2, linear
				interpolation is to be used for both columns.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-02 - To Prevent And Control Particulate Air Pollution from Combustion Of Fuel In Indirect Heat Exchangers › Section 45-2-5 - 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 source of fugitive particulate matter
				to operate that is not equipped with a fugitive particulate matter control
				system. This system shall be operated and maintained in such a manner as to
				minimize the emission of fugitive particulate matter. Sources of fugitive
				particulate matter associated with fuel burning units shall include, but not be
				limited to, the following:
5.1.1. Stockpiling
				of ash or fuel either in the open or in enclosures such as silos;
5.1.2. Transport of ash in vehicles or on
				conveying systems, to include spillage, tracking or blowing of particulate
				matter from or by such vehicles or equipment; and
5.1.3. Ash or fuel handling systems and ash
				disposal areas.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-02 - To Prevent And Control Particulate Air Pollution from Combustion Of Fuel In Indirect Heat Exchangers › Section 45-2-6 - Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All
				persons owning or operating fuel burning units in existence on September 1,
				1974 not previously registered shall have registered such units with the
				Secretary. The information required for registration shall be determined and
				provided in the manner specified by the Secretary. Registration forms should be
				requested from the Secretary by the owner and/or operator of fuel burning
				unit(s) subject to the provisions of this section.
6.2. The owner or operator of fuel burning
				units that were under construction or on which construction was initiated as of
				October 1, 1974, not previously registered shall have registered such fuel
				burning units with the Secretary.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-02 - To Prevent And Control Particulate Air Pollution from Combustion Of Fuel In Indirect Heat Exchangers › Section 45-2-7 - Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. No person
				shall construct, modify or relocate any fuel burning unit 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 45-02 - To Prevent And Control Particulate Air Pollution from Combustion Of Fuel In Indirect Heat Exchangers › Section 45-2-8 - Testing, Monitoring, Recordkeeping and Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Testing.
8.1.1. The owner or operator of a fuel
				burning unit(s) shall demonstrate compliance with section 3 by periodic testing
				in accordance with 40 CFR Part 60, Appendix A, Method 9 and 45CSR16, or a
				certified continuous opacity monitoring system, as approved by the Secretary,
				and section 4 by periodic particulate matter stack testing, conducted in
				accordance with the appropriate test method set forth in the Appendix 45-2 to
				this rule or other equivalent EPA approved method approved by the Secretary.
				The owner or operator shall conduct such testing at a frequency to be
				established by the Secretary.
8.1.2. At such reasonable times as the
				Secretary may designate, the owner or operator of any fuel burning unit(s) may
				be required to conduct or have conducted tests to determine the compliance of
				such unit(s) with the emission limitations of section 4. Such tests shall be
				conducted in accordance with the appropriate method set forth in Appendix 45-2
				to this rule or other equivalent EPA approved method approved by the Secretary.
				The Secretary may at his option witness or conduct such tests. Should the
				Secretary exercise his option to conduct such tests, the operator will provide
				all necessary sampling connections and sampling ports 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.
8.1.2.a.
				Sufficient information on temperatures, velocities, pressures, weights and
				dimensional values shall be reported to the Secretary, with such necessary
				commentary as he may require to allow an accurate evaluation of the reported
				test results and the conditions under which they were obtained.
8.1.3. The Secretary may conduct
				such other tests as he may deem necessary to evaluate air pollution emissions
				other than those noted in subsection 4.1.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-02 - To Prevent And Control Particulate Air Pollution from Combustion Of Fuel In Indirect Heat Exchangers › Section 45-2-9 - Start-ups, Shutdowns and Malfunctions

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Reserved.
9.2. At all times,
				including periods of start-ups, shutdowns and malfunctions, owners and
				operators shall, to the extent practicable, maintain and operate any fuel
				burning unit(s) including associated air pollution control equipment in a
				manner consistent with good air pollution control practice for minimizing
				emissions. Determination of whether acceptable operating and maintenance
				procedures are being used will be based on information available to the
				Secretary which may include, but is not limited to, monitoring results, visible
				emission observations, review of operating and maintenance procedures and
				inspection of the source.
9.3. The
				owner or operator of a fuel burning unit(s) subject to this rule shall report
				to the Secretary any malfunction of such unit or its air pollution control
				equipment which results in any excess particulate matter emission rate or
				excess opacity (i.e., emissions exceeding the standards in section 3 and 4 as
				provided in one of the following subdivisions:
9.3.1. Excess opacity periods meeting the
				following conditions may be reported on a quarterly basis unless otherwise
				required by the Secretary:
9.3.1.a. The excess
				opacity period does not exceed 30 minutes within any 24-hour period;
				and
9.3.1.b. Excess opacity does
				not exceed 40%.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-02 - To Prevent And Control Particulate Air Pollution from Combustion Of Fuel In Indirect Heat Exchangers › Section 45-2-10 - Reserved

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-02 - To Prevent And Control Particulate Air Pollution from Combustion Of Fuel In Indirect Heat Exchangers › Section 45-2-11 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Any fuel
				burning unit(s) having a heat input under 10 million B.T.U.'s per hour will be
				exempt from sections 4, 5, 6, 8 and 9. However, failure to attain acceptable
				air quality in parts of some urban areas may require the mandatory control of
				these sources at a later date.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-02 - To Prevent And Control Particulate Air Pollution from Combustion Of Fuel In Indirect Heat Exchangers › Section 45-2-12 - Inconsistency Between Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. In the event
				of any inconsistency between this rule and Appendix 45-2 and any other rule of
				the Division of Air Quality, such inconsistency shall be resolved by the
				determination of the Secretary and such determination shall be based upon the
				application of the more stringent provision, term, condition, method or
				rule.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-02 - To Prevent And Control Particulate Air Pollution from Combustion Of Fuel In Indirect Heat Exchangers › Section 45-2-13 - Disposition of Rule; Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. 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.
13.2. 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.
13.3. 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.
13.4. 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 §45-2-9.6 and revert to the August 31, 2000
				requirements found at §§45-2-9.1, -9.4, -9.5, -10.1, and -10.2.
TABLE 45-2
Total Design Heat Input for All
							 Type 'c' Fuel Burning Units Located at One Plant in Millions of B.T.U.'s Per
							 Hour
Total Allowable Particulate
							 Matter Emission Rate for Units Located at One Plant in Pounds Per
							 Hour
10
3.4
20
5.6
40
9.0
60
11.7
80
14.4
100
16.6
200
26.4
400
42.2
600
54.0
3,333
300.0
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-02 - To Prevent And Control Particulate Air Pollution from Combustion Of Fuel In Indirect Heat Exchangers › Appendix 45-2 - COMPLIANCE TEST PROCEDURES FOR 45CSR2

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 45-02A - Testing Monitoring Recordkeeping And Reporting Requirements › Section 45-2A-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Series 2A provides guidance and clarification for complying with the testing,
				monitoring, recordkeeping and reporting requirements of 45CSR2 - "To Prevent
				and Control Particulate Air Pollution from Combustion of Fuel in Indirect Heat
				Exchangers". This rule is an interpretive rule, not a legislative rule, as
				those terms are defined under W. Va. Code '29A-1-2.
1.2. Authority. -- W. Va. Code ''22-5-1 et
				seq. and WV 45CSR2.
1.3. Filing
				Date. -- February 13, 2001.
1.4.
				Effective Date. -- March 15, 2001.