West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-14 - Permits for Construction and Major Modification of Major Stationary Sources for the Prevention of Significant Deterioration of Air Quality › Section 45-14-13 - Additional Requirements and Variances for Sources Impacting Federal Class I Areas

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Notice to
				EPA. -- The Secretary shall transmit to the Administrator a copy of each permit
				application relating to a major stationary source or major modification
				impacting a Class I area and provide notice to the Administrator of every
				action related to the consideration of such permit.
13.2. Notice to Federal Land Managers. -- The
				Secretary shall provide written notice of any permit application for a proposed
				major stationary source or major modification, the emissions from which may
				affect a Class I area, to the Federal Land Manager or the Federal official
				charged with direct responsibility for management of any federal lands within
				the area. Such notification shall include a copy of all information relevant to
				the permit application and shall be given within 30 days of receipt and at
				least 60 days prior to any public hearing on the application for a permit to
				construct. Such notification shall include an analysis of the proposed source's
				anticipated impacts on visibility in the Federal Class I area.
13.3. The Secretary shall also provide the
				Federal Land Manager or the Federal official charged withdirect responsibility
				for management of any federal lands within the area with a copy of the
				preliminary determination required under subsection 17.2, and shall make
				available to him or her any materials used in making that determination,
				promptly after the Secretary makes such determination. Finally, the Secretary
				shall also notify all affected Federal Land Managers within 30 days of receipt
				of any advance notification of any such permit application.
13.4. Federal Land Manager. -- The Federal
				Land Manager or the Federal official charged with direct responsibility for
				management of any federal lands has an affirmative responsibility to protect
				the air quality related values (including visibility) of such lands and to
				consider, in consultation with the Secretary, whether a proposed source or
				modification will have an adverse impact on such values.
13.5. The Federal Land Manager of the
				affected Class I area may present to the Secretary, during the public review
				process described in section 17, a demonstration that the emissions from the
				proposed major stationary source or major modification would have an adverse
				impact on the air quality-related values (including visibility) of any Federal
				mandatory Class Iarea, notwithstanding that the change in air quality resulting
				from emissions from such source or modification would not cause or contribute
				to concentrations which would exceed the maximum allowable increases for a
				Class I area. If the Secretary concurs with such demonstration, the Secretary
				shall deny the permit to construct.
13.6. Class I variances. -- The owner or
				operator of a proposed source or modification may demonstrate to the Federal
				Land Manager that the emissions from such source or modification would have no
				adverse impact on the air quality related values of any such lands (including
				visibility), notwithstanding that the change in air quality resulting from
				emissions from such source or modification would cause or contribute to
				concentrations which would exceed the maximum allowable increases for a Class I
				area. If the Federal Land Manager concurs with such demonstration and so
				certifies, the Secretary may issue the permit: Provided that the applicable
				requirements of this section are otherwise met, the Secretary may issue the
				permit with such emission limitations as may be necessary to assure that
				emissions of sulfur dioxide, PM2.5,
				PM10, and nitrogen oxides would not exceed the following
				maximum allowable increases over minor source baseline concentration for such
				pollutants:
Maximum Allowable Pollutant Concentration Increase
							 over Minor Source Baseline Concentration
							 (µg/m3)
Particulate Matter:
PM2.5, Annual arithmetic
							 mean4
PM2.5, 24-hr maximum9
PM10, Annual arithmetic
							 mean17
PM10, 24-hr maximum30
Sulfur dioxide:
Annual arithmetic mean20
24-hr maximum91
3-hr maximum325
Nitrogen dioxide:
Annual arithmetic mean25
13.7. An applicant for a permit pursuant to
				this rule shall be allowed the Class I variances as provided in
				40 CFR
				§§
										51.166(p)(4), (5), (6), and
				(7) as contained in the Code of Federal
				Regulations, provided that all requirements of said
				40 CFR
				§§
										51.166(p)(4), (5), (6), and
				(7) are met and written notification of
				variance in accordance with said section(s) is provided to the
				Secretary.