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 45-16 - Standards of Performance for New Stationary Sources › Section 45-16-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule establishes and adopts standards of performance for new stationary
				sources promulgated by the United States Environmental Protection Agency
				pursuant to section 111(b) of the federal Clean Air Act, as amended. This rule
				codifies general procedures and criteria to implement the standards of
				performance for new stationary sources set forth in 40 C.F.R. part 60. The
				Secretary hereby adopts these standards by reference. The Secretary also adopts
				associated reference methods, performance specifications and other test methods
				which are appended to these standards.
1.2. Authority. -- W.Va. Code
				§22-5-4.
1.3. Filing date. -- May 2, 2024.
1.4. Effective date. -- June 1,
				2024.
1.5. Sunset provision. --
				Does not apply.
1.6. Incorporation
				by reference. -- federal counterpart regulation. The Secretary has determined
				that a federal counterpart rule exists, and in accordance with the Secretary's
				recommendation, with limited exception, this rule incorporates by reference 40
				C.F.R. parts 60 and 65, to the extent referenced in 40 C.F.R. part 60,
				effective June 1, 2023.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-16 - Standards of Performance for New Stationary Sources › Section 45-16-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Administrator" means the Administrator of the United States Environmental
				Protection Agency or his or her authorized representative.
2.2. "Clean Air Act" ("CAA") means the
				federal Clean Air Act, as amended,
				42 U.S.C.
				§7401, et seq.
2.3. "Secretary" means the Secretary of the
				Department of Environmental Protection or other person to whom the Secretary
				has delegated authority or duties pursuant to W.Va. Code
				§§22-1-6 or
				22-1-8.
2.4. Other words and phrases used in this
				rule, unless otherwise indicated, shall have the meaning ascribed to them in 40
				C.F.R. part 60. Words and phrases not defined therein shall have the meaning
				given to them in the federal Clean Air Act.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-16 - Standards of Performance for New Stationary Sources › Section 45-16-3 - Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. No person
				may construct, reconstruct, modify, or operate or cause to be constructed,
				reconstructed, modified, or operated any source subject to the provisions of 40
				C.F.R. part 60 which results or will result in a violation of this
				rule.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-16 - Standards of Performance for New Stationary Sources › Section 45-16-4 - Adoption of standards

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Standards. --
				The Secretary hereby adopts and incorporates by reference the provisions of 40
				C.F.R. parts 60 and 65, to the extent referenced in 40 C.F.R. part 60,
				including any reference methods, performance specifications and other test
				methods which are appended to these standards and contained in 40 C.F.R. parts
				60 and 65, effective June 1, 2023, for the purposes of implementing a program
				for standards of performance for new stationary sources, except as follows:
4.1.1.
										40 C.F.R.
				§60.9 is amended to provide that
				information shall be available to the public in accordance with W.Va. Code
				§§22-5-1 et seq.,
				29B-1-1 et seq., and 45CSR31;
				and
4.1.2. Subparts B, C, Ca, Cb,
				Cc, Cd, Ce, Cf, Ea, Eb, Ec, WWW, XXX, AAAA, BBBB, CCCC, DDDD, EEEE, FFFF, LLLL
				and MMMM of 40 C.F.R. part 60 shall be excluded.
4.1.3. The following subparts of 40 C.F.R.
				part 60 relating to wood-burning heaters and appliances are expressly excluded
				and are not adopted or incorporated by reference in this rule:
4.1.3.a. Subpart AAA; and
4.1.3.b. Subpart QQQQ.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-16 - Standards of Performance for New Stationary Sources › Section 45-16-5 - Secretary

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any and
				all references in 40 C.F.R. parts 60 and 65 to the "Administrator" are amended
				to be the "Secretary" except as follows:
5.1.1. Where the federal regulations
				specifically provide that the Administrator shall retain authority and not
				transfer authority to the Secretary;
5.1.2. Where provisions occur which refer to:
5.1.2.a. Alternate means of emission
				limitations;
5.1.2.b. Alternate
				control technologies;
5.1.2.c.
				Innovative technology waivers;
5.1.2.d. Alternate test methods;
5.1.2.e. Alternate monitoring
				methods;
5.1.2.f.
				Waivers/adjustments to recordkeeping and reporting;
5.1.2.g. Emissions averaging;
5.1.2.h. Applicability determinations;
				or
5.1.2.i. The authority to
				require testing under Section 114 of the Clean Air Act, as amended;
				or
5.1.3. Where the
				context of the regulation clearly requires otherwise.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-16 - Standards of Performance for New Stationary Sources › Section 45-16-6 - Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Nothing
				contained in this adoption by reference shall be construed or inferred to mean
				that permit requirements in accordance with applicable rules shall be in any
				way be limited or inapplicable.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-16 - Standards of Performance for New Stationary Sources › Section 45-16-7 - 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 45-17 - To Prevent And Control Particulate Matter Air Pollution from Materials Handling, Preparation, Storage And Other Sources Of Fugitive Particulate Matter › Section 45-17-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				purpose of this rule is to prevent and control particulate matter air pollution
				from materials handling, preparation, storage and other sources of fugitive
				particulate matter.
1.2. The
				Director particularly urges the cooperation of municipalities in utilizing
				street sweepers equipped with dust capturing equipment, on a regular basis, to
				minimize particulate matter reentrainment into the air from heavily trafficked
				streets. In addition, municipalities should take such action as necessary to
				control fugitive particulate matter emissions arising from unpaved streets,
				access roads, private parking lots and any other such sources of uncontrolled
				particulate matter.
1.3. Authority.
				-- W. Va. Code ''22-5-1 et seq.
1.4. Filing Date. -- June 2, 2000.
1.5. Effective Date. -- August 31,
				2000.
1.6. Former Rules. -- This
				legislative rule amends 45CSR17 ATo Prevent and Control Particulate Air
				Pollution from Materials Handling, Preparation, Storage and Sources of Fugitive
				Particulate Matter" which was filed on March 30, 1979, and which became
				effective May 1, 1979.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-17 - To Prevent And Control Particulate Matter Air Pollution from Materials Handling, Preparation, Storage And Other Sources Of Fugitive Particulate Matter › Section 45-17-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Air
				Pollution", 'statutory air pollution', shall have the meaning ascribed to it in
				W. Va. Code '22-5-2.
2.2. "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 ''22-1-6 or
				22-1-8.
2.3. "Fugitive Particulate
				Matter", for the purpose of this rule, means particulate matter which becomes
				airborne from activities including, but not limited to: handling, transporting
				or storage of materials; storage structure(s); the use, repair, construction,
				alteration, renovation or demolition of building(s), road(s) or other
				activities; disposal areas; haul roads; plant grounds; public, private and
				industrial parking areas or lots; public and private streets and highways;
				mobile drills; and any other activity which generates airborne particulate
				matter.
2.4. "Materials" includes,
				but is not limited to, limestone, dolomite, iron ore, slag, coke, coal,
				sandstone, magnetite, sinter, sand, coal refuse, soda ash, ash, cement or
				earth.
2.5. "Opacity" means the
				degree to which emissions reduce the transmission of light and obscure the view
				of an object in the background.
2.6. "Particulate Matter" means any material
				except uncombined water that exists in a finely divided form as a liquid or
				solid.
2.7. "Person" means any and
				all persons, natural or artificial, including the state of West Virginia or any
				other state, the United States of America, any municipal, statutory, public or
				private corporation organized or existing under the laws of this or any other
				state or country, and any firm, partnership or association of whatever
				nature.
2.8. AStatutory Air
				Pollution" means and is limited to the discharge into the air by the act of man
				of substances (liquid, solid, gaseous, organic or inorganic) in a locality,
				manner and amount as to be injurious to human health or welfare, animal or
				plant life, or property, or which would interfere with the enjoyment of life or
				property.
2.9. Other words and
				phrases used in this rule, unless otherwise indicated, shall have the meaning
				ascribed to them in W. Va. Code '22-5-1
				et seq.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-17 - To Prevent And Control Particulate Matter Air Pollution from Materials Handling, Preparation, Storage And Other Sources Of Fugitive Particulate Matter › Section 45-17-3 - Control and Prohibition of Fugitive Particulate Emissions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. No person shall cause, suffer, allow or
				permit fugitive particulate matter to be discharged beyond the boundary lines
				of the property on which the discharge originates or at any public or
				residential location, which causes or contributes to statutory air
				pollution.
3.2. When a person is
				found in violation of this rule, the Director may require the person to utilize
				a system to minimize fugitive particulate matter. This system to minimize
				fugitive particulate matter may include, but is not limited to, the following:
3.2.a. Use, where practicable, of water or
				chemicals for control of particulate matter in demolition of existing buildings
				or structures, construction operations, grading of roads or the clearing of
				land;
3.2.b. Application of
				asphalt, water or suitable chemicals on unpaved roads, material stockpiles and
				other surfaces which can create airborne particulate matter;
3.2.c. Covering of material transport
				vehicles, or treatment of cargo, to prevent contents from dripping, sifting,
				leaking or otherwise escaping and becoming airborne, and prompt removal of
				tracked material from roads or streets; or
3.2.d. Installation and use of hoods, fans
				and fabric filters to enclose and vent the handling of materials, including
				adequate containment methods during sandblasting, abrasive cleaning or other
				similar operations.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-17 - To Prevent And Control Particulate Matter Air Pollution from Materials Handling, Preparation, Storage And Other Sources Of Fugitive Particulate Matter › Section 45-17-4 - Control Programs and Schedules

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any person operating a source of
				fugitive particulate matter in violation of the provisions of this rule shall
				submit a control program upon the request of the Director. The control program
				shall be embodied in a consent order as provided in W. Va. Code '22-5-4.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-17 - To Prevent And Control Particulate Matter Air Pollution from Materials Handling, Preparation, Storage And Other Sources Of Fugitive Particulate Matter › Section 45-17-5 - Variance

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A variance may
				be granted for up to ten (10) days from the requirements of this rule by the
				Director for conditions beyond the control of any person. Any request for a
				variance shall contain evidence satisfactory to the Director. Variances of over
				ten (10) days may be granted by the Director, provided an acceptable control
				program has been submitted by the person requesting said variance.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-17 - To Prevent And Control Particulate Matter Air Pollution from Materials Handling, Preparation, Storage And Other Sources Of Fugitive Particulate Matter › Section 45-17-6 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Sources that
				are subject to the fugitive particulate matter emission requirements of 45CSR2,
				45CSR3, 45CSR5 and 45CSR7 shall be exempt from the provisions of this rule,
				provided that such sources shall not be exempt from the provisions of W. Va.
				Code ''22-5-1 et seq., including the provisions of '22-5-3 relating to
				statutory air pollution.
6.2.
				Normal agricultural activities shall be exempt from the provisions of this
				rule, to the extent that such activities do not cause, suffer, permit or allow
				statutory air pollution as defined in this rule.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-17 - To Prevent And Control Particulate Matter Air Pollution from Materials Handling, Preparation, Storage And Other Sources Of Fugitive Particulate Matter › Section 45-17-7 - Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Notwithstanding any other provisions in this rule, the Director may take any
				and all enforcement actions authorized under the Code for a violation of this
				rule, including, but not limited to, requiring the immediate cessation or
				abatement of the discharge causing or contributing to statutory air
				pollution.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-17 - To Prevent And Control Particulate Matter Air Pollution from Materials Handling, Preparation, Storage And Other Sources Of Fugitive Particulate Matter › Section 45-17-8 - Inconsistency Between Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. In
				the event of any inconsistency between this rule and any other existing rule of
				the Division of Environmental Protection, such inconsistency shall be resolved
				by the determination of the Director and such determination shall be based upon
				the application of the more stringent provision, term, condition, method or
				rule.
8.2. Fugitive particulate
				matter emission requirements of any other applicable rule issued by the
				Director may be taken into consideration by the Director in determining
				compliance with this rule.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-18 - Control of Air Pollution from Combustion of Solid Waste › Section 45-18-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule adopts standards of performance, and implements the federal emission
				guidelines and compliance times pursuant to §§111(b), 111(d) and 129
				of the federal Clean Air Act for the control of certain designated pollutants
				from the following categories of solid waste combustors, combustion units,
				incinerators and incineration units in West Virginia:
1.1.a. Large municipal waste combustors
				subject to the standards of performance promulgated by the United States
				Environmental Protection Agency (U.S. EPA) under 40 CFR part 60 , subpart
				Eb;
1.1.b. Small municipal waste
				combustion units subject to the standards of performance promulgated by the
				U.S. EPA under 40 CFR part 60 , subpart AAAA;
1.1.c. Hospital, medical, and infectious
				waste incinerators subject to the standards of performance promulgated by the
				U.S. EPA under 40 CFR part 60 , subpart Ec, or the emission guidelines and
				compliance times promulgated by the U.S. EPA under 40 CFR part 60 , subpart Ce
				and set forth in section 7 below;
1.1.d. Commercial and industrial solid waste
				incineration units subject to the standards of performance promulgated by the
				U.S. EPA under 40 CFR part 60 , subpart CCCC, or the emission guidelines and
				compliance times promulgated by the U.S. EPA under 40 CFR part 60 , subpart
				DDDD and set forth in section 9 below;
1.1.e. Other solid waste incineration units
				subject to the standards of performance promulgated by the U.S. EPA under 40
				CFR part 60 , subpart EEEE, and
1.1.f. Sewage sludge incineration units
				subject to the standards of performance promulgated by the U.S. EPA under 40
				CFR part 60 , subpart LLLL.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-18 - Control of Air Pollution from Combustion of Solid Waste › Section 45-18-3 - Adoption of standards

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				Secretary hereby adopts and incorporates by reference the definitions of 40 CFR
				part 60 , subparts A and B, the standards of performance and definitions set
				forth in 40 CFR part 60 , subparts Eb, Ec, AAAA, CCCC, EEEE and LLLL, including
				any applicable reference methods, performance specifications and other test
				methods which are appended to those standards and contained in those subparts,
				effective June 1, 2021.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-18 - Control of Air Pollution from Combustion of Solid Waste › Section 45-18-4 - Requirements for new large municipal waste combustors

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Requirements for new LMWC units. -- The
				owner or operator of a new LMWC unit under subsection 4.2 shall comply with all
				applicable standards of performance, requirements, and provisions of 40 CFR
				part 60 subpart Eb, including any reference methods, performance
				specifications, and other test methods associated with Subpart Eb. No person
				shall construct or operate, or cause to be constructed or operated, a new LMWC
				unit that results in a violation of 40 CFR part 60 , subpart Eb or this
				rule.
4.2. Applicability. -- The
				owner or operator of a LMWC unit that meets the following criteria is subject
				to the requirements for new LMWC units set forth in this section. A new LMWC
				unit is a LMWC unit that either:
4.2.a.
				Commenced construction after September 20, 1994; or
4.2.b. Commenced modification or
				reconstruction after June 19, 1996.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-18 - Control of Air Pollution from Combustion of Solid Waste › Section 45-18-5 - Requirements for new small municipal waste combustion units

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Requirements for new SMWC units. -- The
				owner or operator of a new SMWC unit under this section shall comply with all
				applicable standards of performance, requirements, and provisions of 40 CFR
				part 60 subpart AAAA, including any reference methods, performance
				specifications, and other test methods associated with subpart AAAA. No person
				shall construct or operate, or cause to be constructed or operated, a new SMWC
				unit that results in a violation of 40 CFR part 60 , subpart AAAA or this
				rule.
5.2. Applicability. -- The
				owner or operator of a SMWC unit that meets the following criteria is subject
				to the requirements for new SMWC units set forth in this section. A new SMWC
				unit is a SMWC unit that either:
5.2.a.
				Commenced construction after August 30, 1999; or
5.2.b. Commenced modification or
				reconstruction after June 6, 2001.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-18 - Control of Air Pollution from Combustion of Solid Waste › Section 45-18-6 - Requirements for new hospital, medical, and infectious waste incinerators

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Requirements
				for new HMIWI units. -- The owner or operator of a new HMIWI unit under this
				section shall comply with all applicable standards of performance,
				requirements, and provisions of 40 CFR part 60 , subpart Ec, including any
				reference methods, performance specifications, and other test methods
				associated with subpart Ec. No person shall construct, reconstruct, modify or
				operate, or cause to be constructed, reconstructed, modified or operated a new
				HMIWI unit that results in a violation of 40 CFR part 60 , subpart Ec or this
				rule.
6.2. Applicability. -- The
				owner or operator of a HMIWI unit that meets the following criteria is subject
				to the requirements for new HMIWI units set forth in this section 6. A new
				HMIWI unit is a HMIWI unit that either:
6.2.a.
				Commenced construction after December 1, 2008; or
6.2.b. Commenced modification after April 6,
				2010.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-18 - Control of Air Pollution from Combustion of Solid Waste › Section 45-18-7 - Requirements for existing hospital, medical, and infectious waste incinerators

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Requirements
				for existing HMIWI units. -- The owner or operator of an existing HMIWI unit
				under this section shall comply with the applicable emission guidelines,
				compliance times, requirements, and provisions of 40 CFR part 60 , subpart Ce
				set forth in this section 7 and below in Tables 45-18A, 45-18B, 45-18C and
				45-18D, including any reference methods, performance specifications, and other
				test methods associated with subpart Ce. No person shall reconstruct, modify or
				operate, or cause to be reconstructed, modified or operated, an existing HMIWI
				unit that results in a violation of 40 CFR part 60 subpart Ce, or this
				rule.
7.2. Applicability. -- HMIWI
				units that are designated facilities under subdivision 7.2.a are subject to the
				requirements for existing HMIWI units set forth here in.
7.2.a. Designated facilities. -- Except as
				provided in subdivisions 7.2.b through 7.2.h, the designated facility to which
				the emissions guidelines apply is each individual HMIWI unit in West Virginia:
7.2.a.1. For which construction was commenced
				on or before June 20, 1996, or for which modification was commenced on or
				before March 16, 1998; or
7.2.a.2.
				For which construction was commenced after June 20, 1996 but no later than
				December 1, 2008, or for which modification is commenced after March 16, 1998
				but no later than April 6, 2010.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-18 - Control of Air Pollution from Combustion of Solid Waste › Section 45-18-8 - Requirements for new commercial and industrial solid waste incinerators

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Requirements
				for new CISWI units. -- The owner or operator of a commercial and industrial
				solid waste incineration unit (CISWI unit) under subsection 8.2 shall comply
				with all applicable standards of performance, requirements, and provisions of
				40 CFR part 60 subpart CCCC, including any reference methods, performance
				specifications, and other test methods associated with subpart CCCC. No person
				shall construct, reconstruct, modify or operate, or cause to be constructed,
				reconstructed, modified or operated a new CISWI unit that results in a
				violation of 40 CFR part 60 subpart CCCC or this rule.
8.2. Applicability. -- The owner or operator
				of a CISWI unit that meets any of the following criteria is subject to the
				requirements for new CISWI units set forth in section 8:
8.2.a. A CISWI unit that commenced
				construction after June 4, 2010; or
8.2.b. A CISWI unit that commenced
				reconstruction or modification after August 7, 2013; or
8.2.c. An incinerator and air curtain
				incinerator, that commenced construction after November 30, 1999, but no later
				than June 4, 2010, or that commenced reconstruction or modification on or after
				June 1, 2001, but no later than August 7, 2013, are considered new incineration
				units and remain subject to the applicable requirements of this section until
				such time the unit becomes subject to section 9 of this rule; and
8.2.d. The incineration unit does not meet
				the exemption criteria under
				40 CFR §
											60.2020.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-18 - Control of Air Pollution from Combustion of Solid Waste › Section 45-18-9 - Requirements for existing commercial and industrial solid waste incinerators

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Requirements
				for existing CISWI units. -- The owner or operator of an existing CISWI unit
				shall comply with the applicable emission guidelines, compliance times,
				requirements, and provisions of 40 CFR part 60 subpart DDDD set forth in
				section 9 and Tables 45-18E, 45-18F, 45-18G, 45-18H, 45-18I, 45-18J, 45-18K,
				45-18L and 45-18M, including any reference methods, performance specifications,
				and other test methods associated with subpart DDDD. No person shall
				reconstruct, modify or operate, or cause to be reconstructed, modified or
				operated, an existing CISWI unit that results in a violation of the
				requirements for existing CISWI units set forth in section 9.
9.2. Applicability.
9.2.a. Incineration units that meet all three
				criteria described in paragraphs 9.2.a.1 through 9.2.a.3 are subject to the
				requirements for existing CISWI units under section 9.
9.2.a.1. CISWI units and ACIs in West
				Virginia that commenced construction on or before June 4, 2010, or commenced
				modification or reconstruction after June 4, 2010 but no later than August 7,
				2013;
9.2.a.2. Incineration units
				that meet the definition of a CISWI unit or an ACI as defined in section 2 of
				this rule and
9.2.a.3. Incineration
				units not exempt under subdivision 9.2.d below.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-18 - Control of Air Pollution from Combustion of Solid Waste › Section 45-18-10 - Requirements for new other solid waste incineration units

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Requirements for new OSWI units.-- The
				owner or operator of another solid waste incineration unit (OSWI unit) under
				subsection 10.2 shall comply with all applicable standards of performance,
				requirements, and provisions of 40 CFR part 60 , subpart EEEE, including any
				reference methods, performance specifications, and other test methods
				associated with subpart EEEE. No person shall construct or operate, or cause to
				be constructed or operated, a new OSWI unit that results in a violation of 40
				CFR part 60 , subpart EEEE or this rule.
10.2. Applicability. -- The owner or operator
				of an OSWI unit that meets the following criteria issubject to the requirements
				for new OSWI units set forth in section 10. A new OSWI unit is an OSWI unit
				that either:
10.2.a. Commenced construction
				after December 9, 2004; or
10.2.b.
				Commenced modification or reconstruction after June 16, 2006.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-18 - Control of Air Pollution from Combustion of Solid Waste › Section 45-18-11 - Requirements for new sewage sludge incinerators

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Requirements for new SSI units. -- The
				owner or operator of a SSI unit under subsection 11.2 shall comply with all
				applicable standards of performance, requirements, and provisions of 40 CFR
				part 60 , subpart LLLL, including any reference methods, performance
				specifications, and other test methods associated with subpart LLLL. No person
				shall construct, reconstruct, modify or operate, or cause to be constructed,
				reconstructed, modified or operated, a new SSI unit that results in a violation
				of 40 CFR part 60 , subpart LLLL or this rule.
11.2. Applicability. -- The owner or operator
				of a SSI unit that meets the following criteria is subject to the requirements
				for new SSI units set forth in section 11. A new SSI unit is a SSI unit that
				either:
11.2.a. Commenced construction after
				October 14, 2010; or
11.2.b.
				Commenced modification after September 21, 2011.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-18 - Control of Air Pollution from Combustion of Solid Waste › Section 45-18-12 - Secretary

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Any and all
				references in 40 CFR part 60, subparts Ce, Eb, Ec, AAAA, CCCC, EEEE, and LLLL
				to "the Administrator" are amended to be the "Secretary", except in the
				following references, which shall remain "Administrator":
12.1.a. Where the federal regulations
				specifically provide that the Administrator shall retain authority and not
				transfer such authority to the Secretary;
12.1.b. Where provisions occur which refer
				to:
12.1.b.1. Alternate means of emission
				limitations;
12.1.b.2. Alternate
				control technologies;
12.1.b.3.
				Innovative technology waivers;
12.1.b.4. Alternate test methods;
12.1.b.5. Alternate monitoring
				methods;
12.1.b.6.
				Waivers/adjustments to recordkeeping and reporting;
12.1.b.7. Applicability
				determinations;
12.1.b.8. The
				requirements of
				40 CFR §
												60.56c(i) establishing
				operating parameters when using controls other than those listed in
				40 CFR §
												60.56c(d);
12.1.b.9. Alternative methods of
				demonstrating compliance under
				40 CFR §
												60.8; and
12.1.b.10. Performance test and data
				reduction waivers under
				40 CFR §
												60.8(b).
12.1.c. Where the context of the regulation
				clearly requires otherwise.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-18 - Control of Air Pollution from Combustion of Solid Waste › Section 45-18-13 - Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The owner or
				operator of existing HMIWI units shall operate pursuant to a Title V permit in
				accordance with the requirements of 45CSR 30.
13.2. The owner or operator of a new HMIWI
				unit shall submit to the Secretary a complete application for a Title V permit
				in accordance with the requirements of 45CSR30 within twelve (12) months after
				commencing operation.
13.3. The
				owner or operator of an existing CISWI unit or air curtain incinerator subject
				to section 9 shall operate pursuant to a permit issued under § 129(e) of
				the CAA and 45CSR30.
13.4. The
				owner or operator of a new CISWI unit shall operate pursuant to a CAA Title V
				permit in accordance with the requirements of 45CSR30.
13.5. The owner or operator of a new OSWI
				unit shall submit a complete application for a Title V permit in accordance
				with the requirements of 45CSR30 within twelve (12) months after commencing
				operation: Provided, that the Secretary may require a new OSWI unit to apply
				for and obtain a Title V permit prior to this date, as specified in
				40
				CFR §
										60.2967(b).
13.6. The owner or operator of a new SSI unit
				shall apply for and obtain a Title V permit in accordance with the requirements
				of 45CSR30, unless the unit meets the relevant requirements for and exemption
				set forth in
				40
				CFR §
										60.4780.
13.7. Nothing contained in this rule shall be
				construed or inferred to mean that permit requirements in accordance with
				applicable rules shall be in any way limited or inapplicable, including but not
				limited to the permitting requirements under 45CSR13, 45CSR14, 45CSR19, 45CSR25
				and 45CSR30.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-18 - Control of Air Pollution from Combustion of Solid Waste › Section 45-18-14 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The exemption
				provisions under 40 CFR part 60 , subparts Eb, Ec, AAAA, CCCC, EEEE, and LLLL
				are incorporated in this rule.
14.2. Temporary air curtain incinerators
				approved by the Secretary under the requirements of 45CSR6 that are operated
				for the disposal of only on-site land clearing debris (as defined in 45CSR6)
				are exempt from the requirements of this rule.
14.3. Temporary incinerators approved by the
				Secretary under the requirements of 45CSR6 that are operated for the disposal
				of animal or poultry remains and related pathological waste are exempt from the
				requirements of this rule.
14.4.
				Pathological waste incineration units. -- Any institutional waste incineration
				unit, very small municipal waste combustion unit, incinerator or combustor is
				exempt from the requirements of this rule: provided, that:
14.4.a. The unit burns 90% or more by weight
				(on a calendar quarter basis and excluding the weight of auxiliary fuel and
				combustion air) of pathological waste, low-level radioactive waste or
				chemotherapeutic waste;
14.4.b. The
				owner or operator of the unit keeps records on a calendar quarter basis of the
				periods of time when only pathological waste, low-level radioactive waste or
				chemotherapeutic waste is incinerated;
14.4.c. The unit is subject to the
				requirements of 45CSR6 or 45CSR25; and
14.4.d. The owner or operator of the unit
				notifies the Administrator and the Secretary that the unit meets these
				criteria.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-18 - Control of Air Pollution from Combustion of Solid Waste › Section 45-18-15 - Effect of the rule

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Nothing
				in this rule shall be construed to allow or permit the installation,
				establishment or construction of a new municipal or commercial solid waste
				facility utilizing incineration technology for the purpose of solid waste
				incineration in violation of W.Va. Code §
									22-15-19.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-18 - Control of Air Pollution from Combustion of Solid Waste › Section 45-18-16 - Inconsistency between rules

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				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 45-18 - Control of Air Pollution from Combustion of Solid Waste › Table 45-18A

Current through Register Vol. XLI, No. 28, July 12, 2024
Emissions limits for small, medium, and large HMIWI at
				  designated facilities as set forth in 45CSR § 18-7.2.a.1.
Pollutant
Units
(7 percent oxygen, dry basis)
Emissions Limits
Averaging
							 Time1
Compliance
							 Method2
HMIWI Size
Small
Medium
Large
Particulate matter
Milligrams per dry standard cubic meter (mg/dscm)
							 (grains per dry standard cubic foot (gr/dscf))
115 (0.05)
69
(0.03)
34 (0.015)
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 5 of EPA Reference Method 26A or
							 29 of appendix A-8 of 40CFR 60.
Carbon monoxide
Parts per million by volume (ppmv)
40
40
40
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 10 or 10B of appendix A-4 of
							 40CFR 60.
Dioxins/furans
Nanograms per dry standard cubic meter total
							 dioxins/furans (ng/dscm) (grains per billion dry standard cubic feet
							 (gr/109dscf)) or ng/dscm TEQ (gr/109dscf)
125 (55)
or
2.3 (1.0)
125 (55)
or
2.3 (1.0)
125 (55)
or
2.3 (1.0)
3-run average (4-hour minimum sample time per
							 run)
EPA Reference Method 23 of appendix A-7 of 40CFR
							 60.
Hydrogen chloride
ppmv or percent reduction
100
or 93%
100
or 93%
100
or 93%
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 26 or 26A of appendix A-8 of
							 40CFR 60.
Sulfur dioxide
ppmv
55
55
55
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 6 or 6C of appendix A-4 of 40CFR
							 60.
Nitrogen oxides
ppmv
250
250
250
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 7 or 7E of appendix A-4 of 40CFR
							 60.
Lead
mg/dscm (grains per thousand dry standard cubic feet
							 (gr/103dscf)) or percent reduction
1.2 (0.52)
or 70%
1.2 (0.52)
or 70%
1.2 (0.52)
or 70%
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 29 of appendix A-8 of 40CFR
							 60.
Cadmium
mg/dscm (gr/103dscf) or
							 percent reduction
0.16 (0.07)
or 65%
0.16 (0.07)
or 65%
0.16 (0.07)
or 65%
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 29 of appendix A-8 of 40CFR
							 60.
Mercury
mg/dscm (gr/103dscf) or
							 percent reduction
0.55 (0.24)
or 85%
0.55 (0.24)
or 85%
0.55 (0.24)
or 85%
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 29 of appendix A-8 of 40CFR
							 60.
1Except as allowed under
				  40 CFR §
										60.56c(c) for HMIWI equipped
				  with CEMS.
2Does not include CEMS and
				  approved alternative non-EPA test methods allowed under
				  40 CFR §
										60.56c(b).
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-18 - Control of Air Pollution from Combustion of Solid Waste › Table 45-18B

Current through Register Vol. XLI, No. 28, July 12, 2024
Emissions limits for small, medium, and large HMIWI at
				  designated facilities as set forth in 45CSR §§ 18-7.2.a.1 and
				  7.2.a.2.
Pollutant
Units
(7 percent oxygen, dry basis)
Emissions Limits
Averaging
							 Time1
Compliance
							 Method2
HMIWI Size
Small
Medium
Large
Particulate matter
Milligrams per dry standard cubic meter (mg/dscm)
							 (grains per dry standard cubic foot (gr/dscf))
66 (0.029)
46 (0.020)
25 (0.011)
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 5 of appendix A-3 of 40CFR 60,
							 or EPA Reference Method 26A or 29 of appendix A-8 of 40CFR 60.
Carbon monoxide
Parts per million by volume (ppmv)
20
5.5
11
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 10 or 10B of appendix A-4 of
							 40CFR 60.
Dioxins/furans
Nanograms per dry standard cubic meter total
							 dioxins/furans (ng/dscm) (grains per billion dry standard cubic feet
							 (gr/109dscf)) or ng/dscm TEQ (gr/109dscf)
16 (7.0)
or 0.013 (0.0057)
0.85 (0.37)
or 0.020 (0.0087)
9.3 (4.1)
or 0.054
(0.024)
3-run average (4-hour minimum sample time per
							 run)
EPA Reference Method 23 of appendix A-7 of 40CFR
							 60.
Hydrogen chloride
ppmv
44
7.7
6.6
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 26 or 26A of appendix A-8 of
							 40CFR 60.
Sulfur dioxide
ppmv
4.2
4.2
9.0
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 6 or 6C of appendix A-4 of 40CFR
							 60.
Nitrogen oxides
ppmv
190
190
140
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 7 or 7E of appendix A-4 of 40CFR
							 60.
Lead
mg/dscm (grains per thousand dry standard cubic feet
							 (gr/103dscf))
0.31 (0.14)
0.018 (0.0079)
0.036
(0.016)
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 29 of appendix A-8 of 40CFR
							 60.
Cadmium
mg/dscm
							 (gr/103dscf)
0.017 (0.0074)
0.013 (0.0057)
0.0092 (0.0040)
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 29 of appendix A-8 of 40CFR
							 60.
Mercury
mg/dscm
							 (gr/103dscf)
0.014 (0.0061)
0.025
(0.011)
0.018 (0.0079)
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 29 of appendix A-8 of 40CFR
							 60.
1Except as allowed under
				  40 CFR §
										60.56c(c) for HMIWI equipped
				  with CEMS.
2Does not include CEMS and
				  approved alternative non-EPA test methods allowed under
				  40 CFR §
										60.56c(b).
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-18 - Control of Air Pollution from Combustion of Solid Waste › Table 45-18C

Current through Register Vol. XLI, No. 28, July 12, 2024
Emissions limits for small HMIWI which meet the
				  criteria under 45CSR § 18-7.3.b.1.
Pollutant
Units
(7 percent oxygen, dry basis)
HMIWI
Emissions Limits
Averaging
							 Time1
Compliance
							 Method2
Particulate matter
mg/dscm (gr/dscf)
197 (0.086)
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 5 of appendix A-3 of 40CFR 60,
							 or EPA Reference Method 26A or 29 of appendix A-8 of 40CFR 60.
Carbon monoxide
ppmv
40
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 10 or 10B of
Dioxins/furans
ng/dscm total dioxins/furans (gr/109dscf) or ng/dscm
							 TEQ (gr/109dscf)
800 (350) or
15 (6.6)
3-run average (4-hour minimum sample time per
							 run)
EPA Reference Method 23 of appendix A-7 of 40CFR
							 60.
Hydrogen chloride
ppmv
3,100
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 26 or 26A of appendix A-8 of
							 40CFR 60.
Sulfur dioxide
ppmv
55
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 6 or 6C of
Nitrogen oxides
ppmv
250
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 7 or 7E of
Lead
mg/dscm
							 (gr/103dscf)
10 (4.4)
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 29 of appendix A-8 of 40CFR
							 60.
Cadmium
mg/dscm
							 (gr/103dscf)
4 (1.7)
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 29 of appendix A-8 of 40CFR
							 60.
Mercury
mg/dscm
							 (gr/103dscf)
7.5 (3.3)
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 29 of appendix A-8 of 40CFR
							 60.
1Except as allowed under
				  40 CFR §
										60.56c(c) for HMIWI equipped
				  with CEMS.
2Does not include CEMS and
				  approved alternative non-EPA test methods allowed under
				  40 CFR §
										60.56c(b).
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-18 - Control of Air Pollution from Combustion of Solid Waste › Table 45-18D

Current through Register Vol. XLI, No. 28, July 12, 2024
Emissions limits for small HMIWI which meet the
				  criteria under 45CSR§ 18-7.3.b.2.
Pollutant
Units
(7 percent oxygen, dry basis)
HMIWI
Emissions Limits
Averaging
							 Time1
Compliance
							 Method2
Particulate matter
mg/dscm (gr/dscf)
87 (0.038)
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 5 of appendix A-3 of 40CFR 60,
							 or EPA Reference Method 26A or 29 of appendix A-8 of 40CFR 60.
Carbon monoxide
ppmv
20
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 10 or 10B of
Dioxins/furans
ng/dscm total dioxins/furans (gr/109dscf) or ng/dscm
							 TEQ (gr/109dscf)
240 (100) or 5.1 (2.2)
3-run average (4-hour minimum sample time per
							 run)
EPA Reference Method 23 of appendix A-7 of 40CFR
							 60.
Hydrogen chloride
ppmv
810
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 26 or 26A of appendix A-8 of
							 40CFR 60.
Sulfur dioxide
ppmv
55
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 6 or 6C of
Nitrogen oxides
ppmv
130
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 7 or 7E of
Lead
mg/dscm
							 (gr/103dscf)
0.50 (0.22)
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 29 of appendix A-8 of 40CFR
							 60.
Cadmium
mg/dscm
							 (gr/103dscf)
0.11 (0.048)
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 29 of appendix A-8 of 40CFR
							 60.
Mercury
mg/dscm
							 (gr/103dscf)
0.0051 (0.0022)
3-run average (1-hour minimum sample time per
							 run)
EPA Reference Method 29 of appendix A-8 of 40CFR
							 60.
1Except as allowed under
				  40 CFR §
										60.56c(c) for HMIWI equipped
				  with CEMS.
2Does not include CEMS and
				  approved alternative non-EPA test methods allowed under
				  40 CFR §
										60.56c(b).