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 45-31 - Confidential Information › Section 45-31-3 - Claim of Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Made When Information Submitted. A claim of confidentiality shall be made in
				accordance with this rule at the time the information claimed to be
				confidential is submitted to the Director. If no claim of confidentiality is
				made at the time of submission or is not made in accordance with this rule, the
				Director may make the information available to the public without further
				notice.
3.2. Information Previously
				Submitted. Information claimed as confidential and submitted prior to the
				effective date of this rule may be made available to the public unless the
				person who submitted the information establishes their claim of confidentiality
				in accordance with this rule and within one hundred eighty (180) days of the
				effective date of this rule.
3.3.
				Submission of Information Claimed Confidential.
3.3.a. Confidential Information. With the
				exception of documents of a size greater than 8 2" x 14", all information that
				is claimed to be confidential and which is submitted in hardcopy form should be
				submitted on colored paper in order to readily identify such information. The
				person submitting the information claimed as confidential shall mark each page
				with "Claimed Confidential" with the date of such claim of
				confidentiality.
3.3.b.
				Justification for Confidentiality in Cover Document. Each submission of
				information to the Director, any portion of which is claimed to be
				confidential, shall be accompanied by a cover document which shall be available
				for public disclosure. The document shall, at a minimum, identify the person
				making the submission of information claimed as confidential, identify the
				reason for the submission of information, identify the name, an address in the
				state of West Virginia, and telephone number of the designee who shall be
				contacted in accordance with this rule, identify each segment of information
				within each page that is submitted as confidential, provide the justification
				for each such segment of information that is claimed confidential, including
				the criteria set forth in subsection 4.1, and provide the period of time for
				which the confidential treatment is desired by the business (e.g., until a
				certain date, until the occurrence of a specified event, or
				permanently.
3.3.c. Cover Document
				as Basis for Review. In the event that a written request for information is
				received in accordance with W. Va. Code '29B-1-1 et
				seq., and which triggers a confidentiality determination under this rule, the
				cover document justifying the claim of confidentiality shall form the basis for
				the Director=s review of the confidentiality claim.
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 45-31-4 - Determination of Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In the course of his or her
				determination of whether the information claimed to be confidential is a trade
				secret in accordance with this rule, the Director shall consider the following
				criteria:
4.1.a. The claim of confidentiality
				has not expired by its terms, nor been waived or withdrawn;
4.1.b. The person asserting the claim of
				confidentiality has satisfactorily shown that it has taken reasonable measures
				to protect the confidentiality of the information, and that it intends to
				continue to take such measures;
4.1.c. The information claimed confidential
				is not, and has not been, reasonably obtainable without the person=s consent by
				other persons (other than governmental bodies) by use of legitimate means
				(other than discovery based on a showing of special need in a judicial or
				quasi-judicial proceeding);
4.1.d.
				No statute specifically requires disclosure of the information; and
4.1.e. Either--
4.1.e.1. The person has satisfactorily shown
				that disclosure of the information is likely to cause substantial harm to the
				business=s competitive position; or
4.1.e.2. The information is voluntarily
				submitted information, and its disclosure would likely to impair the State=s
				ability to obtain necessary information in the future.
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 45-31-5 - Use of Confidential Material by the Director

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A claim of confidentiality shall in no
				way limit the Director in the exercise of his or her powers or duties under the
				West Virginia Code or any rule promulgated thereunder.
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 45-31-6 - Types and Amounts of Air Pollutants Discharged

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. No person shall claim as confidential,
				information concerning the types and amounts of air pollutants
				discharged.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-31A - Release Of Previously Submitted Confidential Information › Section 45-31A-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Series 31A establishes some of the factors to be considered pursuant to WVCSR
				'45-31-3.2 by the Director in his or her decision whether to release
				confidential information submitted prior to the effective date of WV45CSR31
				(September 25, 1997) in response to a written request for the information in
				accordance with the West Virginia Freedom of Information Act (W.Va. Code
				'29B-1-1 et
				seq.).
1.2. Authority. -- W. Va.
				Code ''22-5-4; 22-5-10; 29A-1-2(c); and WV45CSR31.
1.3. Filing Date.-- August 19,
				1998.
1.4. Effective Date.--
				September 21, 1998.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-31A - Release Of Previously Submitted Confidential Information › Section 45-31A-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The definitions set forth in WVCSR '45-31-2 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 45-31B - Confidential Business Information And Emmission Data › Section 45-31B-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Series 31B provides guidance and clarification concerning the term "types and
				amounts of pollutants discharged" defined under 45CSR31-2.4, the Department's
				legislative rule entitled "Confidential Information," and thus what information
				may not be claimed confidential in accordance with 45CSR31-6.
1.2. Authority. -- W. Va. Code §§
									22-5-4;
				22-5-10;
				29A-1-2(c);
				and WV 45CSR31.
1.3. Filing Date.
				-- September 10, 2003.
1.4.
				Effective Date. -- November 10, 2003.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-31B - Confidential Business Information And Emmission Data › Section 45-31B-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Aggregation"
				means the combining of individual elements, such as equipment, units,
				throughputs or capacities, into one total.
2.2. "Categorization" means the combining of
				individual elements, such as materials or chemicals, into one
				category.
2.3. "Emission data" or
				"types and amounts of air pollutants discharged" means, with reference to any
				source of emission of any substance into the air --
2.3.a.
2.3.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;
2.3.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
2.3.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).
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-31B - Confidential Business Information And Emmission Data › Section 45-31B-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. This rule
				applies to all information submitted to the Secretary, regardless of the
				regulatory context, and includes, but is not limited to, information submitted
				in the permitting, enforcement and emission inventory contexts.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-31B - Confidential Business Information And Emmission Data › Section 45-31B-4 - What Information Constitutes Emission Data

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Information or data that is
				indispensable or essential to determining emissions or location in accordance
				with subsection 2.3 will be considered emission data and thus non-confidential,
				unless there is a readily available non-confidential alternative for
				determining emissions or location. Where there is no readily available
				non-confidential alternative, the Secretary may approve non - confidential
				alternatives through the use of aggregation, categorization, surrogate
				parameters, emissions monitoring or sampling, or parametric monitoring;
				provided that such use is consistent with applicable rules and standards and
				results in a practically enforceable method of determining emissions.
4.2. The data elements and types of
				information listed in Tables 2A through 2D of Appendix A to Subpart A of 40
				C.F.R. Part 51, as further defined in the Glossary in such Appendix, will be
				considered emission data if the information is found to be necessary to
				determine emissions or location in accordance with subsection 4.1.
4.3. Information in addition to that listed
				in the Tables referenced in subsection 4.2 will also be deemed emission data if
				the information is found to be necessary to determine emissions or location in
				accordance with subsection 4.1.
4.4. The determination as to what information
				constitutes emission data will be made by the Secretary on a case-by-case basis
				upon application of the provisions stated in this rule.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-31B - Confidential Business Information And Emmission Data › Section 45-31B-5 - Contents of Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				contents of any permit issued by the Secretary pursuant to 45CSR13, 45CSR14,
				45CSR19 or 45CSR30 may not be claimed as confidential. This does not, however,
				preclude a permit application from containing confidential
				information.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-31B - Confidential Business Information And Emmission Data › Section 45-31B-6 - Information Determined Emission Data by EPA

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Notwithstanding the provisions of this
				rule, information and data determined to be emission data by EPA in accordance
				with
				40
				C.F.R. 2.301 will be deemed emission data by
				the Secretary; provided that the mere inclusion of information or data in
				Tables 2A through 2D of Appendix A to Subpart A of 40 C.F.R. Part 51 shall not
				be considered a determination for purposes of this section where EPA has not
				made a case-specific determination of confidentiality.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-32 - Serious And Minor Violations Of Applicable Rules › Section 45-32-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				Director hereby promulgates this legislative rule defining "serious violation"
				and "minor violation" for the violation of any provision of the Act, or for
				violation of any rules issued pursuant to the Act, or for the violation of any
				order, agreement, or permit, or any part thereof, issued under the
				Act.
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 45-32 - Serious And Minor Violations Of Applicable Rules › Section 45-32-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Act" or "the
				Act" means the provisions of W. Va. Code '22-5-1,
				et seq.
2.2. "Applicable
				Requirements" means all state, interstate compact, and federal standards and
				limitations for a source regulated pursuant to a legislative rule, including,
				but not limited to, emissions limitations, ambient air quality standards,
				standards of performance, control technology guidelines, and preconstruction
				review and any standard, term, condition, limitation or requirement contained
				in any order issued by the Director including consent orders and
				permits.
2.3. [RESERVED]
2.4. [RESERVED]
2.5. "Director" means the director of the
				Division of Environmental Protection or his or her designated
				representative.
2.6. "Division of
				Environmental Protection" or "DEP" means the Division of Environmental
				Protection which is created by the provisions of W. Va. Code '22-1-1,
				et seq.
2.7. "Minor Violation"
				means any violation of a specific provision of the Act, or rule promulgated
				under the Act that is not a serious violation as defined in 2.10 and Section 3
				of this rule.
2.8. "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.
2.9. "Risk of Harm" means the level of risk
				created by the likelihood of exposure, either individual or cumulative, or the
				actual damage, either individual or cumulative, to public health and the
				environment caused by a violation.
2.10. "Serious Violation" means those
				violations outlined as serious and contained in Section 3 of this
				rule.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-32 - Serious And Minor Violations Of Applicable Rules › Section 45-32-4 - Separate Violations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Each
				violation of any provision of the applicable requirements thereunder shall
				constitute a separate and distinct violation.
4.2. Each day during which the violation or
				failure continues shall be a separate violation.
4.3. For the first minor violation of a
				specific provision of the Act or rule promulgated thereunder, if the person
				corrects the violation within such time as was specified in the notice of
				violation issued by the Director, no civil penalty may be recovered.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-32 - Serious And Minor Violations Of Applicable Rules › Section 45-32-5 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
The provisions of this legislative 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 legislative 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 45-33 - Acid Rain Provisions And Permits › Section 45-33-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.-This
				rule establishes and adopts general provisions and the operating permit program
				requirements for affected sources and affected units under the Acid Rain
				Program promulgated by the United States Environmental Protection Agency under
				Title IV of the Clean Air Act, as amended (CAA). 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.-April 28, 2021.
1.4. Effective Date.-June 1,
				2021.
1.5. Sunset Provision.-Does
				not apply.
1.6. Incorporation by
				Reference.-Federal Counterpart Regulation. The Secretary has determined that a
				federal counterpart regulation exists, and in accordance with the Secretary's
				recommendation this rule incorporates by reference the following provisions: 40
				CFR Part 72, "Permits Regulation"; 40 CFR Part 74, "Sulfur Dioxide Opt-Ins"; 40
				CFR Part 75, "Continuous Emissions Monitoring"; 40 CFR Part 76, "Nitrogen
				Oxides Reduction Program"; and 40 CFR Part 77, "Excess Emissions"; effective
				June 1, 2020.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-33 - Acid Rain Provisions And Permits › Section 45-33-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Administrator" means the Administrator of the United States Environmental
				Protection Agency.
2.2. "Clean Air
				Act" ("CAA") means the federal Clean Air Act, as amended,
				42 U.S.C. §
										7401,
et seq
.
2.3. "Permitting Authority" means the
				Secretary of the West Virginia Department of Environmental
				Protection.
2.4. "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.
2.5. Other words and phrases used in this
				rule, unless otherwise indicated, will have the meaning ascribed to them in
				40
				CFR §
										72.2. Words and phrases not
				defined therein will have the meaning given to them in 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 45-33 - Acid Rain Provisions And Permits › Section 45-33-3 - Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. No person may
				construct, modify, or operate or cause to be constructed, modified, or operated
				an affected source 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 45-33 - Acid Rain Provisions And Permits › Section 45-33-4 - Adoption of Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				Secretary hereby adopts and incorporates by reference the following provisions
				of the United States Environmental Protection Agency Acid Rain Program
				effective June 1, 2020: 40 CFR Part 72, "Permits Regulation", including all
				Subparts and Appendices; 40 CFR Part 74, "Sulfur Dioxide Opt-Ins", including
				all Subparts; 40 CFR Part 75, "Continuous Emissions Monitoring", including all
				Subparts and Appendices; 40 CFR Part 76, "Nitrogen Oxides Emissions Reduction
				Program", including all Appendices; and 40 CFR Part 77, "Excess Emissions".
				These provisions are adopted for the purposes of implementing an acid rain
				program that meets the requirements of Title IV of the federal CAA, as
				amended.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-33 - Acid Rain Provisions And Permits › Section 45-33-5 - Inconsistency Between Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				The provisions of this rule must not be construed as exempting persons subject
				to this rule from compliance with any other provisions of the CAA, including
				the provisions of Title I of the CAA relating to applicable National Ambient
				Air Quality Standards, the State Implementation Plan, or any other rules of the
				West Virginia Department of Environmental Protection, except as expressly
				provided under Title IV of the CAA; provided however, that in the event of any
				inconsistency between the provisions of this rule and any provisions of
				45CSR30, the provisions of this rule will take precedence and will govern the
				issuance, denial, revision, reopening, renewal, and appeal of the Acid Rain
				provision of an operating permit.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-34 - Emission Standards for Hazardous Air Pollutants › Section 45-34-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule establishes and adopts a program of national emission standards for
				hazardous air pollutants and other regulatory requirements promulgated by the
				United States Environmental Protection Agency pursuant to 40 C.F.R. parts 61,
				63 and section 112 of the federal Clean Air Act, as amended. This rule codifies
				general procedures and criteria to implement emission standards for stationary
				sources that emit (or have the potential to emit) one or more of the eight
				substances listed as hazardous air pollutants in
				40 C.F.R. §
										61.01(a), or one or more of
				the substances listed as hazardous air pollutants in section 112(b) of the CAA.
				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 regulation exists, and in accordance with the
				Secretary's recommendation, with limited exception, this rule incorporates by
				reference 40 C.F.R. parts 61, 63 and 65, to the extent referenced in 40 C.F.R.
				parts 61 and 63, 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 45-34 - Emission Standards for Hazardous Air Pollutants › Section 45-34-2 - 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. "Hazardous air pollutant" means any air
				pollutant listed pursuant to 40 C.F.R. §
										61.01(a) or § 112(b) of
				the CAA.
2.4. "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.
2.5. Other words and phrases used in this
				rule, unless otherwise indicated, shall have the meaning ascribed to them in 40
				C.F.R. Parts 61 and 63. Words and phrases not defined therein shall have the
				meaning given to them in 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 45-34 - Emission Standards for Hazardous Air Pollutants › Section 45-34-3 - 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. Parts 61 and 63 which results or will result in a violation of this
				rule.
3.2. No person may construct
				or reconstruct any major source of hazardous air pollutants, unless the
				Secretary determines that the maximum achievable control technology emission
				limitation under 40 C.F.R. Part 63 and this rule for new sources will be
				met.
3.3. The Secretary shall
				determine and apply case-by-case maximum achievable control technology
				standards to existing sources categorized by the Administrator pursuant to
				§ 112(c)(1) of the CAA for which the Administrator has not promulgated
				emission standards in accordance with §§ 112(d) and 112(e) of the
				CAA.
3.4. Prior to constructing,
				reconstructing or modifying any facility subject to this rule, the owner or
				operator shall obtain a permit in accordance with the applicable requirements
				of 45CSR13, 45CSR14, 45CSR19, 45CSR30 and this rule.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-34 - Emission Standards for Hazardous Air Pollutants › Section 45-34-4 - Adoption of standards

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Secretary
				hereby adopts and incorporates by reference the provisions of 40 C.F.R. Parts
				61, 63 and 65, to the extent referenced in 40 C.F.R. Parts 61 and 63, including
				any reference methods, performance specifications and other test methods which
				are appended to these standards and contained in 40 C.F.R. Parts 61, 63 and 65,
				effective June 1, 2023, for the purposes of implementing a program for emission
				standards for hazardous air pollutants, except as follows:
4.1.1.
										40 C.F.R. §§
											61.16 and
				63.15 are 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;
4.1.2. Subpart E of 40
				C.F.R. Part 63 and any provision related to § 112(r) of the CAA,
				notwithstanding any requirements of 45CSR30 shall be excluded;
4.1.3. Subparts DDDDDD, LLLLLL, OOOOOO,
				PPPPPP, QQQQQQ, TTTTTT, WWWWW, ZZZZZ, HHHHHH, BBBBBB, CCCCCC, WWWWWW, XXXXXX,
				YYYYYY, ZZZZZZ, BBBBBBB, CCCCCCC, and DDDDDDD of 40 C.F.R. Part 63 shall be
				excluded; and
4.1.4. Subparts B, H,
				I, K, Q, R, T, and W; Methods 111, 114, 115 and Appendix D and E of 40 C.F.R.
				Part 61 shall be excluded.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-34 - Emission Standards for Hazardous Air Pollutants › Section 45-34-5 - Secretary

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any and
				all references in 40 C.F.R. Parts 63 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
5.1.3. 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 45-34 - Emission Standards for Hazardous Air Pollutants › Section 45-34-6 - Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Nothing
				contained in this rule shall be construed or inferred to mean that permit
				requirements in accordance with applicable rules shall 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 45-34 - Emission Standards for Hazardous Air Pollutants › Section 45-34-7 - 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 45-35 - Determining Conformity Of General Federal Actions To Applicable Implementation Plans (General Conformity) › Section 45-35-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes and adopts the requirements of 40 CFR Part 93, Subpart B,
				"Determining Conformity of General Federal Actions to State or Federal
				Implementation Plans" for the purpose of meeting the implementation plan
				requirements of 40 CFR '51.851. 40 CFR Part 93 Subpart B was promulgated by the
				U.S. Environmental Protection Agency to implement Section 176(c) of the Clean
				Air Act (CAA), which requires that all federal actions conform to any
				applicable implementation plan. This rule codifies general criteria, procedures
				and requirements for demonstrating and assuring conformity of such actions to
				any applicable implementation plan. The Secretary hereby adopts these
				requirements by reference.
1.2.
				Authority. -- W. Va. Code '22-5-4.
1.3. Filing Date. -- May 1, 2012.
1.4. Effective Date. -- June 1,
				2012.
1.5. Incorporation by
				Reference. -- Federal Counterpart Regulation. The Secretary has determined that
				a federal counterpart regulation exists, and in accordance with the Secretary=s
				recommendation, with limited exception, this rule incorporates by reference 40
				CFR Part 93 Subpart B, effective June 1, 2011.
1.6. Former Rules. -- This legislative rule
				amends 45CSR35 -- "Requirements for Determining Conformity of General Federal
				Actions to Applicable Air Quality Implementation Plans (General Conformity)"
				which was filed April 28, 1995, and which became effective May 1,
				1995.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-35 - Determining Conformity Of General Federal Actions To Applicable Implementation Plans (General Conformity) › Section 45-35-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Applicable
				implementation plan" or "applicable SIP" means the portion (or portions) of the
				state implementation plan or most recent revision thereof, which has been
				approved under '110(k) of the CAA, a federal implementation plan promulgated
				under '110(c) of the CAA, or a plan promulgated or approved pursuant to '301(d)
				of the CAA (Tribal implementation plan or TIP) and which implements the
				relevant requirements of the CAA.
2.2. CAA means the 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 CFR '93.152. Words and phrases not defined therein shall
				have the meaning given to them in 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 45-35 - Determining Conformity Of General Federal Actions To Applicable Implementation Plans (General Conformity) › Section 45-35-3 - Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. No department,
				agency or instrumentality of the federal government shall engage in, support in
				any way or provide financial assistance for, license or permit, or approve any
				activity which does not conform to an applicable implementation plan.
3.2. A federal agency must make a
				determination that a federal action conforms to the applicable implementation
				plan in accordance with the requirements of 40 CFR Part 93 Subpart B before the
				action is taken.
3.3.
				[Reserved.]
3.4. Notwithstanding
				any provision of 40 CFR Part 93 Subpart B, a determination that an action is in
				conformance with the applicable implementation plan does not exempt the action
				from any other requirements of the applicable implementation plan, the National
				Environmental Policy Act, or the CAA.
3.5. If an action would result in emissions
				originating in more than one nonattainment or maintenance area, the conformity
				must be evaluated for each area separately.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-35 - Determining Conformity Of General Federal Actions To Applicable Implementation Plans (General Conformity) › Section 45-35-4 - Adoption of Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				The Secretary hereby adopts and incorporates by reference the criteria,
				procedures and requirements of 40 CFR Part 93 Subpart B, effective June 1,
				2011, for the purpose of meeting the requirements of 40 CFR '51.851.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-35 - Determining Conformity Of General Federal Actions To Applicable Implementation Plans (General Conformity) › Section 45-35-5 - Inconsistency Between Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. In
				the event of any inconsistency between this rule and any other rule of the West
				Virginia Department of Environmental Protection, 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 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes general provisions and the designated representative,
				permitting, allowance and monitoring provisions for the state CAIR
				NOX Annual Trading Program pursuant to the federal Clean
				Air Interstate Rule (CAIR) under Section 110 of the Clean Air Act (CAA), 40 CFR
				Part 96, Subparts AA through HH, and 40 CFR §51.123 for state
				implementation plans as a means of mitigating interstate transport of fine
				particulates and nitrogen oxides (NOX). The Secretary of
				the Department of Environmental Protection authorizes the Administrator of the
				United States Environmental Protection Agency to assist the Secretary in
				implementing the CAIR NOX Annual Trading Program by
				carrying out the functions set forth for the Administrator in this rule and 40
				CFR Part 51. The CAIR NOX Ozone Season Trading Program
				requirements are set forth in 45CSR40.
1.2. Authority. -- W. Va. Code §
									22-5-4.
1.3. Filing Date. -- April 14,
				2008.
1.4. Effective Date. -- May
				1, 2008.
1.5. Numbering and text
				breakdown. -- This rule generally meets the numbering, indentation and text
				breakdown requirements set forth in 153CSR6. However, its numbering structure
				intentionally follows the numbering structure of 40 CFR Part 96, Subparts AA
				through HH, resulting in several minor areas of nonconformity with
				153CSR6.
1.6. Former Rules. -- This
				legislative rule amends 45CSR39 "Control of Annual Nitrogen Oxide Emissions to
				Mitigate Interstate Transport of Fine Particulate Matter and Nitrogen Oxides"
				which was filed April 28, 2006, and which became effective May 1,
				2006.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-3 - Measurements, Abbreviations and Acronyms

Current through Register Vol. XLI, No. 28, July 12, 2024
Measurements, abbreviations and acronyms used in this rule
				  are defined as follows:
Btu -- British thermal unit.
CO2 -- carbon dioxide.
NOX -- nitrogen oxides.
Hg -- mercury.
hr -- hour.
kW-- kilowatt electrical.
kWh -- kilowatt hour.
mmBtu -- million Btu.
MWe -- megawatt electrical.
MWh -- megawatt hour.
O2 -- oxygen.
ppm -- parts per million.
lb -- pound.
scfh -- standard cubic feet per hour.
SO2 -- sulfur dioxide.
H2O -- water.
yr -- year.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-5 - Retired Unit Exemption

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				General exemption provisions.
5.1.a. Any CAIR
				NOX Annual unit that is permanently retired will be
				exempt from the CAIR NOX Annual Trading Program, except
				for the provisions of this section, sections 2 through 4, subdivisions 6.3.d
				through 6.3.g, sections 7 through 15, and sections 40 through 62.
5.1.b. The exemption under subdivision 5.1.a
				will become effective the day on which the CAIR NOX
				Annual unit is permanently retired. Within 30 days of the unit's permanent
				retirement, the CAIR designated representative will submit a statement to the
				Secretary and submit a copy of the statement to the Administrator. The
				statement must state, in a format prescribed by the Secretary, that the unit
				was permanently retired on a specific date and will comply with the
				requirements of subsection 5.2.
5.1.c. After receipt of the statement under
				subdivision 5.1.b, the Secretary will amend any permit under sections 20
				through 24 covering the source at which the unit is located to add the
				provisions and requirements of the exemption under subdivision 5.1.a and
				subsection 5.2.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-6 - Standard Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Permit requirements.
6.1.a. The CAIR
				designated representative of each CAIR NOX Annual source
				required to have a Title V operating permit and each CAIR
				NOX Annual unit required to have a Title V operating
				permit at the source will:
6.1.a.1. Submit to
				the Secretary a complete CAIR permit application under section 22 in accordance
				with the deadlines specified in section 21; and
6.1.a.2. Submit in a timely manner any
				supplemental information that the Secretary determines is necessary in order to
				review a CAIR permit application and issue or deny a CAIR permit.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-7 - Computation of Time

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Unless
				otherwise stated, any time period scheduled, under the CAIR
				NOX Annual Trading Program, to begin on the occurrence
				of an act or event will begin on the day the act or event occurs.
7.2. Unless otherwise stated, any time period
				scheduled, under the CAIR NOX Annual Trading Program, to
				begin before the occurrence of an act or event will be computed so that the
				period ends the day before the act or event occurs.
7.3. Unless otherwise stated, if the final
				day of any time period, under the CAIR NOX Annual
				Trading Program, falls on a weekend or a state or federal holiday, the time
				period will be extended to the next business day.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-8 - Appeal Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				appeal procedures for decisions of the Administrator under the CAIR
				NOX Annual Trading Program are set forth in 40 CFR Part
				78.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-11 - Alternate CAIR Designated Representative

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. A certificate of representation under
				section 13 may designate one and only one alternate CAIR designated
				representative, who may act on behalf of the CAIR designated representative.
				The agreement by which the alternate CAIR designated representative is selected
				will include a procedure for authorizing the alternate CAIR designated
				representative to act in lieu of the CAIR designated representative.
11.2. Upon receipt by the Administrator of a
				complete certificate of representation under section 13, any representation,
				action, inaction, or submission by the alternate CAIR designated representative
				will be deemed to be a representation, action, inaction, or submission by the
				CAIR designated representative.
11.3. Except in this section, section 2,
				subsections 10.1 and 10.4, sections 12, 13, 15 and 51, whenever the term "CAIR
				designated representative" is used in sections 1 through 75, the term will be
				construed to include the CAIR designated representative or any alternate CAIR
				designated representative.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-12 - Changing the CAIR Designated Representative and Alternate CAIR Designated Representative; Changes in Owners and Operators

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Changing CAIR designated
				representative. -- The CAIR designated representative may be changed at any
				time upon receipt by the Administrator of a superseding complete certificate of
				representation under section 13. Notwithstanding any such change, all
				representations, actions, inactions, and submissions by the previous CAIR
				designated representative before the time and date when the Administrator
				receives the superseding certificate of representation will be binding on the
				new CAIR designated representative and the owners and operators of the CAIR
				NOX Annual source and the CAIR
				NOX Annual units at the source.
12.2. Changing alternate CAIR designated
				representative. -- The alternate CAIR designated representative may be changed
				at any time upon receipt by the Administrator of a superseding complete
				certificate of representation under section 13. Notwithstanding any such
				change, all representations, actions, inactions, and submissions by the
				previous alternate CAIR designated representative before the time and date when
				the Administrator receives the superseding certificate of representation will
				be binding on the new alternate CAIR designated representative and the owners
				and operators of the CAIR NOX Annual source and the CAIR
				NOX Annual units at the source.
12.3. Changes in owners and operators.
12.3.a. In the event an owner or operator of
				a CAIR NOX Annual source or a CAIR
				NOX Annual unit is not included in the list of owners
				and operators in the certificate of representation under section 13, such owner
				or operator will be deemed to be subject to and bound by the certificate of
				representation, the representations, actions, inactions, and submissions of the
				CAIR designated representative and any alternate CAIR designated representative
				of the source or unit, and the decisions and orders of the Secretary, the
				Administrator, or a court, as if the owner or operator were included in such
				list.
12.3.b. Within 30 days
				following any change in the owners and operators of a CAIR
				NOX Annual source or a CAIR NOX
				Annual unit, including the addition of a new owner or operator, the CAIR
				designated representative or any alternate CAIR designated representative will
				submit a revision to the certificate of representation under section 13
				amending the list of owners and operators to include the change.