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 45-28 - Air Pollutant Emissions Banking And Trading › Section 45-28-5 - Ozone Season Restrictions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Emission reduction credits for volatile organic compounds and oxides of
				nitrogen generated during an ozone season may be used any time during a
				calendar year, but emission reduction credits used for the purpose of
				compliance with an ozone season emission limitation for volatile organic
				compounds or oxides of nitrogen shall have been generated during an ozone
				season.
5.2. Emission reduction
				credits generated for volatile organic compounds and oxides of nitrogen
				exclusively during the non-ozone season shall be used only during the non-ozone
				season in the same or a subsequent calendar year.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-28 - Air Pollutant Emissions Banking And Trading › Section 45-28-7 - Eligibility of Emission Reductions for Emission Reduction Credits; Generation and Calculation

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. For
				emission reductions to be eligible to generate emission reduction credits, all
				of the following conditions shall be met:
7.1.a. For all criteria pollutants, in
				addition to volatile organic compounds and oxides of nitrogen, the emissions
				shall be consistent with West Virginia=s State Emission Inventory
				System.
7.1.b. The emission
				reductions shall have been generated on or after January 1, 1991, and shall not
				have been used or have been committed to satisfy prior or continuing emission
				offset requirements under section 173 of the federal clean air act or 45CSR19,
				for demonstrating attainment or maintenance of any applicable national ambient
				air quality standard under the state implementation plan, or for netting
				requirements under section 173 of the federal clean air act, 45CSR19, and
				section 165 of the federal clean air act and 45CSR14, or for emission netting
				if authorized under 45CSR13.
7.1.c.
				The emission reductions shall be real, surplus, enforceable, permanent, and
				quantifiable.
7.1.d. Persons
				intending to register emission reduction credits associated with the shutdown
				of a source, process, or process equipment which occurred prior to the
				effective date of this rule shall, within sixty (60) days of the effective date
				of this rule, provide notice to the director of such intent to register
				emission reduction credits in accordance with Section 12 of this rule. Failure
				to timely submit a notice of intent in accordance with subsection 12.7 shall
				make emission reductions associated with such shutdowns ineligible for
				registration as emission reduction credits.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-28 - Air Pollutant Emissions Banking And Trading › Section 45-28-8 - Emission Monitoring and Quantification

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Each person who generates emission
				reduction credits under this part shall comply with an emission monitoring and
				quantification protocol which has been federally approved for the purpose of
				emission reduction credit trading, where such a protocol exists for the source
				category. Modifications to an existing federally approved emission monitoring
				and quantification protocol for purposes of emission reduction credit trading
				shall be approved by the director and federally approved as a revision to West
				Virginia=s State Implementation Plan.
8.2. Where a federally approved emission
				monitoring and quantification protocol for the purpose of emission reduction
				credit trading does not exist for a source category, a person who generates
				emission reduction credits under this rule shall comply with one of the
				following:
8.2.a. An existing emission
				monitoring and quantification protocol which has been approved by the director
				and the United States Environmental Protection Agency for purposes of
				demonstrating compliance with applicable requirements, provided such protocol
				meets the criteria specified in subsection 8.7, and, if applicable, subsection
				8.8.
8.2.b. A new or alternate
				emission monitoring and quantification protocol which has been approved by the
				director and the United States Environmental Protection Agency for purposes of
				emission reduction credit trading pursuant to subsection 8.3.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-28 - Air Pollutant Emissions Banking And Trading › Section 45-28-9 - Recordkeeping Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A
				person who generates, uses, or trades emission reduction credits under this
				rule shall keep records of all information required to be submitted pursuant to
				sections 12 and 13, as applicable, as well as other records required under this
				rule and any other records specified by an applicable requirement.
9.2. Records shall be kept in a manner
				acceptable to the director and shall be maintained at the source or sources
				where the emission reduction credits are generated and used or other location
				acceptable to the director. The records associated with each emission reduction
				credit shall be maintained by the generator, trader and user for not less than
				five (5) years after the date each emission reduction credit is used or
				retired.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-28 - Air Pollutant Emissions Banking And Trading › Section 45-28-10 - The Use of Emission Reduction Credits Within and Between Geographic Areas and Sources

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Except as otherwise provided by the director or the provisions of subsection
				4.1, the use of emission reduction credits may take place within and between
				geographic areas and source categories as specified in this section.
10.2. Intersector use of emission reduction
				credits among mobile sources, stationary sources, and area sources may occur,
				only to the extent allowed under section 3, section 4 and the federal clean air
				act.
10.3. Emission reduction
				credits used to provide emission offsets at a new or modified source shall be
				in compliance with all of the following provisions:
10.3.a. Be generated in the nonattainment
				area where the new or modified source is to be located or an adjacent
				nonattainment area of equal or higher classification that contributes to the
				exceedance of a national ambient air quality standard in the nonattainment area
				where the new or modified source is to be located.
10.3.b. Be in accordance with sections 173
				and 182 of the federal clean air act and 45CSR19. Where emission reduction
				credits are used to comply with new source review requirements, all of the
				following conditions shall be met:
10.3.b.1.
				The director shall approve the use of emission reduction credits that meet the
				following criteria:
10.3.b.1.A. For a new
				source, the emission reduction credits shall cover a minimum of 22 years of
				operation.
10.3.b.1.B. For a
				modified source, the emission reduction credits shall cover the period of time
				beginning on the date of issuance of the new source review permit and
				continuing until the date of issuance or renewal of an operating
				permit.
10.3.b.1.C. For renewal of
				an operating permit, the emission reduction credits shall cover a period of
				five (5) years or the term for which the permit is issued.
10.3.b.2. The new source review permit shall
				contain an enforceable commitment that, before receiving any operating permit
				or operating permit renewal, the operating permit shall contain an enforceable
				condition that requires the source to obtain offsets for a period of five (5)
				years or the period of time for which the operating permit is issued before
				continuing to operate.
10.3.b.3.
				Operating permits shall contain an enforceable condition that requires the
				source to either provide or obtain additional offsets before renewal of an
				operating permit and continuing to operate.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-28 - Air Pollutant Emissions Banking And Trading › Section 45-28-11 - Emissions Reduction Credit Discounts and Emission Reduction Credit Retirement for Air Quality Benefit

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Unless otherwise provided under this rule, other rules promulgated under the
				Code or the federal clean air act, emission reduction credits entered into the
				registry created pursuant to section 14 shall be discounted or retired as
				follows:
11.1.a. For all criteria air
				pollutants, volatile organic compounds and nitrogen oxides, ten (10) percent of
				all creditable emission reductions shall be retired to provide a net air
				quality benefit from trading. The remaining ninety (90) percent of creditable
				emission reductions shall be listed on the registry as emission reduction
				credits, and shall be eligible for trading or use for a period of ten (10)
				calendar years from the year of emission reduction credit generation. All such
				emission reduction credits unused at the end of the ten (10) year period shall
				also be retired to provide a net air quality benefit from trading.
11.1.b. Emission reduction credits generated
				by source shutdowns which are in compliance with all eligibility requirements
				of this rule and which were generated after January 1, 1991 and before the
				effective date of this rule shall be discounted by 50%. The discounted emission
				reduction credits shall be retired in lieu of the 10% air quality benefit
				discount provided under subdivision 11.1.a.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-28 - Air Pollutant Emissions Banking And Trading › Section 45-28-14 - Emission Trading Registry; Registration Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The director shall establish and
				maintain a publicly available emission trading registry for all of the
				following purposes :
14.1.a. Registering
				emission reductions to generate emission reduction credits.
14.1.b. Recording and tracking the use and
				trading of emission reduction credits.
14.1.c. Registering emission reductions and
				emission reduction credits contributed to the state for retirement or
				discounted as an air quality benefit pursuant to section 11 and subsection
				15.3.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-28 - Air Pollutant Emissions Banking And Trading › Section 45-28-16 - Program Evaluations and Individual Audits

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. The director shall conduct, or cause to
				be conducted, an evaluation of the emission trading program established under
				the provisions of this rule. The evaluation shall be conducted every three (3)
				years, or more frequently if deemed necessary by the director, to make all of
				the following emission trading program assessments:
16.1.a. Whether the program is consistent
				with the maintenance of national ambient air quality standards and has resulted
				in emission reductions consistent with reasonable further progress towards
				attainment and maintenance of national ambient air quality standards.
16.1.b. Whether requirements for monitoring,
				recordkeeping, reporting, and enforcement have resulted in a sufficiently high
				level of compliance.
16.1.c.
				Whether the program has caused any localized adverse effects to the public
				health, safety, welfare or to the environment, including any disproportionate
				air quality impacts. This assessment shall include an analysis of the effects
				of emission trading on the emissions and impacts of toxic or hazardous air
				pollutant emissions.
16.1.d.
				Whether the program is achieving reductions across a spectrum of sources,
				including area and mobile sources.
16.1.e. Whether provisions for conducting
				audits of emission reduction credit transactions have resulted in a sufficient
				number of audits being conducted across a spectrum of sources.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-28 - Air Pollutant Emissions Banking And Trading › Section 45-28-17 - Interstate Trading

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Nothing
				in this rule shall be construed to prohibit or restrict interstate trading of
				volatile organic compounds emission reduction credits or criteria pollutant
				emission reduction credits, except ozone, in a manner consistent with the Code,
				rules promulgated under the Code, and any interstate, regional, or national air
				pollution control strategy implemented pursuant to, or to meet the requirements
				of, the federal clean air act.
17.2. Emission reduction credits which were
				generated in a state other than West Virginia, but which are proposed to be
				used for the purpose of this rule in the state of West Virginia, shall be used
				in a manner consistent with this rule.
17.3. The director shall enter into a
				memorandum of understanding with another state which, at a minimum, addresses
				the following areas prior to allowing the use in the state of West Virginia of
				emission reduction credits under this rule which were generated in the other
				state:
17.3.a. The emission reduction credit
				generation system.
17.3.b. The
				sharing of required notices and a compatible tracking system.
17.3.c. Appropriate geographic
				restrictions.
17.3.d. The
				eligibility of emission reduction credits for use.
17.3.e. Acceptable emission reduction credit
				generation and use activities.
17.3.f. Record retention
				requirements.
17.3.g. Consistent
				treatment of emission monitoring and quantification protocols for purposes of
				emission reduction credit generation and use.
17.3.h. Consistency in the determination of
				the baseline from which emission reduction credits are generated.
17.3.i. Temporal requirements and
				definitions.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-29 - Reg Requiring The Submission Of Emission Statements For Volatile Organic Compound Emissions And Oxides › Section 45-29-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule requires the submission of an emission statement from owners and operators
				of stationary sources emitting volatile organic compounds (VOCs) or oxides of
				nitrogen (NOx). Facilities with less than 25 tons per
				year of plant-wide actual VOC or NOx emissions are
				exempt from the requirements of this rule if such sources are included in the
				Director's base-year and periodic emissions inventories. This rule applies only
				to stationary sources located in Putnam, Kanawha, Cabell, Wayne, Wood, and
				Greenbrier Counties.
1.2.
				Authority. -- W.Va. Code '22-5-1
				et seq.
1.3. Filing Date. -- July
				7, 1993.
1.4. Effective Date. --
				July 7, 1993.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-29 - Reg Requiring The Submission Of Emission Statements For Volatile Organic Compound Emissions And Oxides › Section 45-29-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The provisions
				of this rule apply to stationary sources of volatile organic compounds (VOCs)
				or oxides of nitrogen (NOx).
3.2. Exemption. Facilities with less than 25
				tons per year of plant-wide actual VOC or NOx emissions
				are exempt from the requirements of this rule if such sources are included in
				the Director=s base year and periodic emissions inventories.
3.3. Counties affected. This rule applies
				only to stationary sources of VOCs or NOx located in
				Putnam, Kanawha, Cabell, Wayne, Wood, and Greenbrier counties.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-29 - Reg Requiring The Submission Of Emission Statements For Volatile Organic Compound Emissions And Oxides › Section 45-29-4 - Compliance Schedule

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. On or
				before July 1 of each year, the owner or operator of a stationary source
				subject to the requirements of this rule shall submit an emission statement to
				the Director for the prior calendar year.
4.2. Emission statement reporting forms,
				guidance, and numerical codes or symbols will be provided by the Director for
				applicable sources.
4.3. The
				Director may require the submission of such data in a specified format on
				magnetic media.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-29 - Reg Requiring The Submission Of Emission Statements For Volatile Organic Compound Emissions And Oxides › Section 45-29-5 - Emission Statement Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The emission statement shall contain, at
				a minimum, the following information:
5.1.a.
				Certification that the information contained in the statement is accurate to
				the best knowledge of the individual certifying the statement. The
				certification shall include the full name, title, signature, date of signature,
				and telephone number of the certifying individual.
5.1.b. Source identification information:
b.1. Full name, physical location, and
				mailing address of the facility.
5.1.c. Operating data:
c.1. Percentage annual throughput;
c.2. Days per week for both the normal
				operating schedule and for a typical ozone season day (if different from the
				normal operating schedule);
c.3.
				Hours per day for both the normal operating schedule and for a typical ozone
				season day (if different from the normal operating schedule); and
c.4. Hours per year for both the normal
				operating schedule and for a typical ozone season day (if different from the
				normal operating schedule).
5.1.d. Emissions information:
d.1. Actual VOC and/or
				NOx emissions at the process level, in tons per year and
				pounds per day for a typical ozone season day (estimated or measured);
d.2. Emission method code
				(estimated or measured);
d.3.
				Units code to identify the emissions units (tons per year or pounds per day);
				and
d.4. Calendar year for the
				emissions.
5.1.e.
				Control equipment information:
e.1. Current
				primary and secondary control equipment identification codes; and
e.2. Current control equipment efficiencies
				(%).
5.1.f. Process
				rate data:
f.1. Annual fuel or process
				throughput rate; and
f.2. Peak ozone
				season daily process rate.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-29 - Reg Requiring The Submission Of Emission Statements For Volatile Organic Compound Emissions And Oxides › Section 45-29-6 - Enforceability

Current through Register Vol. XLI, No. 28, July 12, 2024
For the purpose of federal enforceability of the provisions
				  of this rule, reference to the Director shall also mean the Administrator of
				  the U.S. EPA.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-29 - Reg Requiring The Submission Of Emission Statements For Volatile Organic Compound Emissions And Oxides › Section 45-29-7 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
The provisions of this rule are severable and if any
				  provision or part thereof shall be held invalid, unconstitutional, or
				  inapplicable to any person or circumstance, such invalidity,
				  unconstitutionality, or inapplicability shall not affect or impair any of the
				  remaining provisions, sections, or parts of this rule or their application to
				  any persons and circumstances.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-30 - Requirements for Operating Permits › Section 45-30-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule provides for the establishment of a comprehensive air quality permitting
				system consistent with the requirements of Title V of the Clean Air Act and the
				state operating permit program requirements of 40 CFR Part 70 . This rule
				establishes:
1.1.a. The obligation for a
				source to obtain a Title V operating permit,
1.1.b. The applicability for other sources,
				including exemptions and deferred sources,
1.1.c. Permit application, content, issuance,
				renewal, reopening, revision, review, suspension, modification, revocation and
				reissuance requirements, and
1.1.d.
				Fee requirements.
1.1.e. All fees
				collected pursuant to this rule shall be expended solely to cover all
				reasonable direct and indirect costs required to administer the Title V
				operating permit program and accounted for in accordance with this
				rule.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-30 - Requirements for Operating Permits › Section 45-30-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Actual
				emissions" means, for the purpose of sections 7 and 8, the actual total mass of
				regulated air pollutants emitted to the atmosphere during a particular calendar
				year and includes all routine as well as non-routine (e.g. abnormal or
				emergency operations) emissions.
2.2. "Affected source" means a source that
				includes one or more affected units under 45CSR33 and Title IV of the Clean Air
				Act (Acid Deposition Control).
2.3.
				"Affected states" are all states:
2.3.a.
				Whose air quality may be affected and that are contiguous to the state in which
				a Title V operating permit, permit modification or permit renewal is being
				proposed; or
2.3.b. That are within
				fifty (50) miles of the permitted source.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-30 - Requirements for Operating Permits › Section 45-30-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Permit
				requirement.
3.1.a. On and after the
				effective date of the operating permit program, no person shall violate any
				requirement of a permit issued under this rule nor shall any person operate any
				of the following sources, except in compliance with a permit issued under
				section 6:
3.1.a.1. Any major
				source;
3.1.a.2. Any source,
				including an area source, subject to a standard or other requirements
				promulgated under §111 of the Clean Air Act;
3.1.a.3. Any source, including an area
				source, subject to a standard or other requirements under §112 of the
				Clean Air Act, except that a source is not required to obtain a permit solely
				because it is subject to regulations or requirements under §112(r) of the
				Clean Air Act;
3.1.a.4. Any
				affected source; and
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-30 - Requirements for Operating Permits › Section 45-30-4 - Application for Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Duty to
				apply. -- For each source, the owner or operator shall submit a timely and
				complete permit application in accordance with this section.
4.1.a. Timely application.
4.1.a.1. An initial permit application is
				timely if the source submits the application within twelve (12) months after
				the source becomes subject to this rule.
4.1.a.2. Sources required to meet
				requirements under §112(g) of the Clean Air Act, or to have a permit under
				the preconstruction review program approved into the State Implementation Plan
				under Parts C or D of Title I of the Clean Air Act, including 45CSR13, 45CSR14,
				and 45CSR19 shall file a complete application to obtain the Title V operating
				permit or permit revision within twelve (12) months after commencing operation.
				Where an existing Title V operating permit would prohibit such construction or
				change in operation, the source must obtain a permit revision before commencing
				operation or the source may apply for a single permit in accordance with all
				applicable provisions and procedures of this rule and all applicable
				preconstruction permitting rules.
4.1.a.3. A permit renewal application is
				timely if it is submitted at least six (6) months prior to the date of permit
				expiration.
4.1.a.4. Within
				eighteen (18) months following the date established by U.S. EPA's failure to
				timely promulgate a standard in accordance with the requirements of
				§112(e) of the Clean Air Act, the owner or operator of a major source
				subject to this paragraph shall file an application for a permit. If the owner
				or operator of a source has submitted a timely and complete application for a
				permit required by section 4, any failure to have a permit shall not be a
				violation of the requirements of this rule, unless the delay in final action is
				due to the failure of the applicant to timely submit information required or
				requested by the Secretary to process the application on forms to be made
				available by the Secretary.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-30 - Requirements for Operating Permits › Section 45-30-5 - Permit Content

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Standard
				permit requirements. -- Each Title V operating permit issued under section 6
				shall include all applicable requirements that apply to the source at the time
				of permit issuance and the following elements:
5.1.a. Emission limitations and standards,
				including those operational requirements and limitations that assure compliance
				with all applicable requirements at the time of permit issuance. Such
				requirements and limitations may include approved replicable methodologies
				identified by the source in its permit application as approved by Secretary,
				provided that no approved replicable methodology shall contravene any terms
				needed to comply with any otherwise applicable requirement or requirement of
				this rule or circumvent any applicable requirement that would apply as a result
				of implementing the approved replicable methodology.
5.1.a.1. The permit shall specify and
				reference the origin of and authority for each term or condition, and identify
				any difference in form as compared to the applicable requirement upon which the
				term or condition is based.
5.1.a.2. The permit shall state that, where
				applicable requirements of the Clean Air Act are more stringent than any
				applicable requirement of 45CSR33, both provisions shall be incorporated into
				the permit and shall be enforceable by the Secretary and U.S. EPA.
5.1.a.3. If the rules promulgated by the
				Secretary pursuant to provisions of Title I of the Clean Air Act and contained
				in the State Implementation Plan allow a determination of an alternative
				equivalent emission limit at a source to be made in the permit issuance,
				renewal, or significant modification process, any permit containing such
				equivalency determination shall contain provisions to ensure that any resulting
				emissions limit has been demonstrated to be quantifiable, accountable,
				enforceable, and based on replicable procedures.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-30 - Requirements for Operating Permits › Section 45-30-6 - Permit Issuance, Renewal, Reopening and Revisions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Action on application.
6.1.a. A permit, permit modification, or
				renewal may be issued only if all of the following conditions have been met:
6.1.a.1. The Secretary has received a
				complete application for a permit, permit modification, or permit renewal,
				except that a complete application need not be received before issuance of a
				general permit under subsection 5.4;
6.1.a.2. Except for modifications qualifying
				for minor permit modification procedures under subdivision 6.5.a, the Secretary
				has complied with the public participation procedures for permit issuance
				specified under subsection 6.8;
6.1.a.3. The Secretary has complied with the
				requirements for notifying and responding to affected States as required by
				subsection 7.2;
6.1.a.4. The
				conditions of the permit provide for compliance with all applicable
				requirements and the requirements of this rule; and
6.1.a.5. The Secretary has provided a copy of
				the permit and any notices required under subsections 7.1 and 7.2 to U.S. EPA,
				and U.S. EPA has not objected to issuance of the permit under subsection 7.3
				within the time period specified therein.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-30 - Requirements for Operating Permits › Section 45-30-10 - Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. General. --
				The provisions of this rule may be enforced by all of the applicable provisions
				of W.Va. Code §
									22-5-1, et seq.
10.2. Violations. -- Civil penalties shall be
				recoverable for the violation of any applicable requirement, permit condition,
				fee or filing requirement, duty to allow or carry out inspections, entry or
				monitoring activity, requirement for submission of reports, rule of the West
				Virginia Department of Environmental Protection or order of the Secretary. Such
				violations shall constitute serious violations for purposes of civil
				enforcement as contained in W.Va. Code §
									22-5-6.
10.3. Federal enforcement. -- For purposes of
				federal enforcement of any Title V operating permit or provision established
				under this rule, any reference to the Secretary shall also mean the
				Administrator of the U.S. EPA.
10.4. Tampering prohibited. -- Pursuant to
				W.Va. Code §
									22-5-6, criminal penalties shall
				be recoverable against any person who knowingly renders inaccurate any required
				emission or process monitoring device or method.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-30 - Requirements for Operating Permits › Section 45-30-11 - Permit Suspension, Modification, Revocation and Reissuance

Current through Register Vol. XLI, No. 28, July 12, 2024
The Secretary may suspend, modify, or revoke and reissue a
				  Title V operating permit in accordance with the provisions contained in W.Va.
				  Code §
									22-5-5.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-30 - Requirements for Operating Permits › Section 45-30-12 - Authority of the Secretary to Establish Applicable Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. After the
				effective date of the Title V operating permit program, the Secretary shall
				determine and apply case-by-case MACT standards to each category contained in
				the "Initial List of Categories of Sources Under 112(c)(l) of the Clean Air Act
				Amendments of 1990," 57 Fed. Reg. 31576 (July 16, 1992) for each source
				category or subcategory for which U.S. EPA fails to timely promulgate a
				standard in accordance with the requirements of §112(e) of the Clean Air
				Act.
12.2. [Reserved.]
12.3. After the effective date of the
				operating permit program, the Secretary shall determine and apply case-by-case
				MACT standards to construction or reconstruction of any major source of
				hazardous air pollutants where no applicable emissions limitations have been
				adopted by the Secretary. Such MACT standards must be equivalent to any
				applicable standard (if any) promulgated for such sources by U.S.
				EPA.
12.4. In determining
				case-by-case MACT standards, the Secretary shall grant reasonable compliance
				schedules for existing sources, as provided under §112(e) of the Clean Air
				Act, and shall not require application for MACT under paragraph 4.1.a.4 where a
				source has met the early reduction requirement of §112(i)(5) of the Clean
				Air Act.
12.5. The Secretary may
				accept delegation of authority from U.S. EPA to administer permits issued by
				U.S. EPA under the provisions of 45CSR33 and Title IV of the Clean Air
				Act.
12.6. The Secretary may accept
				delegation of authority to administer permits issued by U.S. EPA under the
				early reduction program for hazardous air pollutants of §112(i)(5) of the
				Clean Air Act. Such authority shall include the ability to collect
				emission-based fees under section 8.
12.7. The Secretary may incorporate any
				provision into a permit which has been proposed by or agreed to by a permit
				applicant and which does not conflict with any applicable requirement. All such
				provisions shall be enforceable after issuance of a final permit.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-30 - Requirements for Operating Permits › Section 45-30-13 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The
				provisions of this rule are severable and if any provision or part thereof
				shall be held invalid, unconstitutional, or inapplicable to any person or
				circumstance, such invalidity, unconstitutionality, or inapplicability shall
				not affect or impair any other remaining provisions, sections, or parts of this
				rule or their application to any persons and circumstances.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-30 - Requirements for Operating Permits › Section 45-30-14 - Conflict with Other Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				If a source is required to obtain an operating permit pursuant to this rule and
				is also required to obtain an operating permit under any other rule of the
				Secretary (not including preconstruction permits), then the provisions of this
				rule shall supersede the provisions of such other rule of the Secretary which
				requires an operating permit.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-30A - Deferral Of Nonmajor Area Sources from Permitting Requirements › Section 45-30A-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Series 30A provides for the deferral of nonmajor and area sources from the
				obliga­tion to obtain a permit under WV 45CSR30 "Require­ments
				for Operating Permits".
1.2.
				Authority. -- W. Va. Code ''22-5-4,12; 29A-1-2(c); and WV 45CSR30.
1.3. Filing Date. -- January 18,
				2000.
1.4. Effective Date. --
				February 18, 2000.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-30A - Deferral Of Nonmajor Area Sources from Permitting Requirements › Section 45-30A-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The
				definitions set forth in WVCSR '45-30-2 shall apply to this rule as though set
				forth herein with the exception of the following definition:
2.1.a. AArea source" means any nonmajor
				source subject to a standard, limitation or other requirement under 40 CFR Part
				63.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-30A - Deferral Of Nonmajor Area Sources from Permitting Requirements › Section 45-30A-3 - Deferral of Nonmajor and Area Sources

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Pursuant to the authority granted in
				WVCSR '45-30-3.2, the Director hereby defers from the obli­gation to
				obtain a permit under WV 45CSR30 each source that:
3.1.a. Is subject to a standard, limitation
				or other requirement promulgated under '111 or '112 of the Clean Air Act;
				and
3.1.b. Is not a major source,
				an affected source, or a solid waste incineration unit required to obtain a
				permit pursuant to '129(e) of the Clean Air Act.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-30A - Deferral Of Nonmajor Area Sources from Permitting Requirements › Section 45-30A-4 - Deferral Period

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				deferral of sources pursuant to this rule shall remain in effect until the date
				specified in any rule­making pro­mulgated by U.S. EPA relating to
				nonmajor or area sources and the obligation to obtain a permit under Title V of
				the Clean Air Act or until the date specified in any individual standard or
				requirement relating to a source=s obligation to obtain a Title V
				permit.
4.2. Upon expiration of the
				deferral period, sources deferred under this rule shall apply for permits in
				accor­dance with the requirements of WV 45CSR30 and the requirements of
				any rule promulgat­ed by U.S. EPA relating to such non­major and
				area sources. Due dates for WV 45CSR30 permit applications from deferred
				sources shall be calculated in accordance with the application schedule under
				WVCSR '45-30-4.1.a or any schedule promulgated by U.S. EPA, whichever is more
				stringent.
4.3. Notwithstanding the
				provisions of subsection 3.1, sources that are deferred by operation of this
				rule may elect to apply for a permit under WV 45CSR30.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-30A - Deferral Of Nonmajor Area Sources from Permitting Requirements › Section 45-30A-5 - Effect of Deferral

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Sources that are deferred by opera­tion of this rule shall not be
				relieved from the requirements of any applicable statutes, rules, or permits,
				other than the requirement to obtain a permit under WV 45CSR30;
				pro­vided, however, that such sources shall not be re­lieved from
				the obligation to pay any and all permit fees required under WV
				45CSR30.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-30B - Identification And Counting Of Fugitive Emission In Major Source Determinations Under WV 45CSR30 › Section 45-30B-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Series 30B provides guid­ance with respect to which stationary sources
				are required to count fugitive emissions, and the proper method of identifying
				such emis­sions, in making major source determinations for the purpose
				of determining applicability of the permitting program under WV 45CSR30
				"Requirements for Operating Permits."
1.2. Authority. -- W. Va. Code ''22-5-4, 12;
				29A-1-2(c); and WV 45CSR30.
1.3.
				Filing Date. -- September 5, 1995.
1.4. Effective Date. -- October 5,
				1995.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-30B - Identification And Counting Of Fugitive Emission In Major Source Determinations Under WV 45CSR30 › Section 45-30B-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The definitions set forth in WVCSR '45-30-2 shall apply to
				  this rule as though set forth herein.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-30B - Identification And Counting Of Fugitive Emission In Major Source Determinations Under WV 45CSR30 › Section 45-30B-3 - Sources Required To Count Fugitive Emissions In Making Major Source Determinations

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Any source which belongs to a source category regulated by a standard
				promulgated under '111 or '112 of the Clean Air Act on or before August 7,
				1980, including, but not limited to, those source categories listed in
				subparagraphs A through Z of WV CSR '45-30-2.26.b., shall include fugitive
				emissions from all quantifiable fugitive emission opera­tions located at
				the source category, including, but not limited to, all "affected facilities"
				at the source, in order to determine whether the source is a major source
				subject to the require­ments of WV 45CSR30.
3.2. The provisions of subparagraph 3.1 apply
				to a source whether or not the source commenced construction or modification
				before the applicable date in the regulation promulgated under '111 or '112 of
				the Clean Air Act.
3.3. In addition
				to those facilities covered under subparagraphs 3.1 and 3.2, all coal
				preparation plants as defined under 40 C.F.R. '60.251(a) which process more
				than 200 tons per day shall count fugitives from all "affect­ed
				facilities" at the source, i.e., from all ther­mal dryers, pneumatic
				coal-cleaning equip­ment (air tables), coal processing and
				convey­ing equipment (including breakers and crush­ers), coal
				storage systems, and coal transfer and loading systems.
3.4. Fugitive emissions of hazardous air
				pollutants listed in '112(b) of the Clean Air Act shall be counted in
				determining whether a source is a major source subject to the
				require­ments of WV 45CSR30, regardless of whether the source is
				included in a source category listed pursuant to '112(c) of the Clean Air
				Act.
3.5. For the purpose of this
				section, the term "affected facilities" means those facili­ties which
				are listed or identified as "affected facilities" in the applicable standard
				promul­gated under '111 or '112 of the Clean Air Act.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-30B - Identification And Counting Of Fugitive Emission In Major Source Determinations Under WV 45CSR30 › Section 45-30B-4 - Sources Not Required To Count Fugitive Emissions In Making Major Source Determinations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Any source which belongs to a sta­tionary source category regulated by a
				standard promulgated under '111 or '112 of the Clean Air Act after August 7,
				1980, including, but not limited to, those source categories listed in
				subparagraphs AA through QQ of WV CSR '45-30-2.26.b., shall not be required to
				count fugitive emissions in order to determine whether the source is a major
				source subject to the requirements of WV 45CSR30; provided however, that any
				such source shall still be required to count fugitives for hazardous air
				pollutants as provided under subsection 3.4 of this rule; provided further,
				that all such sourc­es shall be required to count fugitive emissions at
				such time as U.S. EPA promulgates rule­making pursuant to '302(j) of the
				Clean Air Act applicable to such sources.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-31 - Confidential Information › Section 45-31-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				series establishes the requirements for claiming information submitted to the
				Director as confidential and the procedures for determinations of
				confidentiality in accordance with the provisions of W. Va. Code '22-5-10.
1.2. Authority. -- W. Va. Code '22-5-1
				et seq.
1.3. Filing Date. -- June
				27, 1997.
1.4. Effective Date. --
				September 25, 1997.
1.5. Repeal of
				Former Rule. This legislative rule repeals and replaces 45 CSR 31,
				"Confidential Information" which became effective on July 7, 1993.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-31 - Confidential Information › Section 45-31-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Director"
				means the Director of the Division of Environmental Protection or such other
				person to whom the Director has delegated authority or duties pursuant to W.
				Va. Code '22-1-1
				et seq.
2.2. "Division of
				Environmental Protection" or "DEP" means West Virginia Division of
				Environmental Protection created by the provisions of W. Va. Code
				'22-1-1
				et seq.
2.3. "Trade Secrets" may
				include, but are not limited to, any formula, plan, pattern, process, tool,
				mechanism, compound, procedure, production data, or compilation of information
				which is not patented which is known only to certain individuals within a
				commercial concern who are using it to fabricate, produce or compound an
				article or trade or a service or to locate minerals or other substances, having
				commercial value, and which gives its users an opportunity to obtain business
				advantage over competitors.
2.4.
				"Types and amounts of air pollutants discharged" means, with reference to any
				source of emission of any substance into the air --
2.4.a.
2.4.a.1. Emission data necessary to determine
				the identity, amount, frequency, concentration, or other characteristics (to
				the extent related to air quality) of any emission which has been emitted by
				the source (or of any pollutant resulting from any emission by the source), or
				any combination of the foregoing;
2.4.a.2. Emission data necessary to determine
				the identity, amount, frequency, concentration, or other characteristics (to
				the extent related to air quality) of the emissions which, under an applicable
				standard or limitation, the source was authorized to emit (including, to the
				extent necessary for such purposes, a description of the manner or rate of
				operation of the source); and
2.4.a.3. A general description of the
				location and/or nature of the source to the extent necessary to identify the
				source and to distinguish it from other sources (including, to the extent
				necessary for such purposes, a description of the device, installation, or
				operation constituting the source).