West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-21 - Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds › Section 45-21-50 - Disposition of Rule; Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
50.1. In the event
				the U.S. EPA's June 12, 2015 "State Implementation Plans: Response to Petition
				for Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to SIPs;
				Finding of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying
				to Excess Emissions During Periods of Startup, Shutdown and Malfunction," at 80
				Fed. Reg. 33840 (2015 SSM SIP Call) is withdrawn by the U.S. EPA, is
				invalidated by a court of competent jurisdiction, and/or is invalidated by an
				act of the West Virginia Legislature or United States Congress, the Secretary
				may terminate any permit or section of an existing permit issued pursuant to
				this rule.
50.2. In the event the
				U.S. EPA's April 17, 2023 "Air Plan Disapproval; West Virginia; Revision to the
				West Virginia State Implementation Plan To Add the Startup, Shutdown,
				Maintenance Rule 45CSR1-Alternative Emission Limitations During Startup,
				Shutdown, and Maintenance Operations," at 88 Fed. Reg. 23356 (45CSR1 2023
				Disapproval) is withdrawn by the U.S. EPA, is invalidated by a court of
				competent jurisdiction, and/or is invalidated by an act of the West Virginia
				Legislature or United States Congress, the Secretary may terminate any permit
				or section of an existing permit issued pursuant to this rule.
50.3. In the event the U.S. EPA's April 17,
				2023 "West Virginia; Finding of Failure To Submit State Implementation Plan
				Revision in Response to the 2015 Findings of Substantial Inadequacy and SIP
				Calls To Amend Provisions Applying to Excess Emissions During Periods of
				Startup, Shutdown, and Malfunction," at 88 Fed. Reg. 23353 (2023 FFS) is
				withdrawn by the U.S. EPA, is invalidated by a court of competent jurisdiction,
				and/or is invalidated by an act of the West Virginia Legislature or United
				States Congress, the Secretary may terminate any permit or section of an
				existing permit issued pursuant to this rule.
50.4. In the event the 2015 SSM SIP Call,
				45CSR1 2023 Disapproval, and/or the 2023 FFS is withdrawn by the U.S. EPA, is
				invalidated by a court of competent jurisdiction, and/or is invalidated by an
				act of the West Virginia Legislature or United States Congress, the Secretary
				may sever requirements § 45-21-3.8 and revert to the May 1, 1996
				requirements found at § 45-21-9.3.
Table 45-21F. Coefficients of the total
							 resource effectiveness (TRE)index equation
A1. For chlorinated process vent streams, if 0
							 [LESS THAN EQUAL TO] net heating value (MJ/scm) [LESS THAN EQUAL TO]
							 3.5:
FL = vent stream flow rate
							 (scm/min)
a
b
c
d
e
f
FL [LESS THAN EQUAL TO] 13.5
48.73
0
0.404
-0.1632
0
0
13.5 < FL [LESS THAN EQUAL TO] 700
42.35
0.624
0.404
-0.1632
0
0.0245
700 < FL [LESS THAN EQUAL TO] 1,400
84.38
0.678
0.404
-0.1632
0
0.0346
1,400 < FL[LESS THAN EQUAL TO] 2,100
126.41
0.712
0.404
-0.1632
0
0.0424
2,100 < FL [LESS THAN EQUAL TO] 2,800
168.44
0.747
0.404
-0.1632
0
0.0490
2,800 < FL [LESS THAN EQUAL TO] 3,500
210.47
0.758
0.404
-0.1632
0
0.0548
A2. For chlorinated process vent streams, if
							 3.5 < net heating value (MJ/scm):
FL = vent stream flow rate
							 (scm/min)
a
b
c
d
e
f
FL [LESS THAN EQUAL TO] 13.5
47.76
0
-0.292
0
0
0
13.5 < FL [LESS THAN EQUAL TO] 700
41.58
0.605
-0.292
0
0
0.0245
700 < FL [LESS THAN EQUAL TO] 1,400
82.84
0.658
-0.292
0
0
0.0346
1,400 < FL [LESS THAN EQUAL TO] 2,100
123.10
0.691
-0.292
0
0
0.0424
2,100 < FL [LESS THAN EQUAL TO] 2,800
165.36
0.715
-0.292
0
0
0.0490
2,800 < FL [LESS THAN EQUAL TO] 3,500
206.62
0.734
-0.292
0
0
0.0548
B. For nonchlorinated process vent streams, if
							 0 [LESS THAN EQUAL TO] net heating value (MJ/scm) [LESS THAN EQUAL TO]
							 0.48:
FL = vent stream flow rate
							 (scm/min)
a
b
c
d
e
f
FL [LESS THAN EQUAL TO] 13.5
19.05
0
0.113
-0.214
0
0
13.5 < FL [LESS THAN EQUAL TO] 1,350
16.61
0.239
0.113
-0.214
0
0.0245
1,350 < FL [LESS THAN EQUAL TO] 2,700
32.91
0.260
0.113
-0.214
0
0.0346
2,700 < FL [LESS THAN EQUAL TO] 3,500
49.21
0.273
0.113
-0.214
0
0.0424
C. For nonchlorinated process vent streams, if
							 0.48 < net hearing value (MJ/scm) [LESS THAN EQUAL TO] 1.9:
FL = vent stream flow rate
							 (scm/min)
a
b
c
d
e
f
FL [LESS THAN EQUAL TO] 13.5
19.74
0
0.400
-0.202
0
0
13.5 < FL [LESS THAN EQUAL TO] 1,350
18.30
0.138
0.400
-0.202
0
0.0245
1,350 < FL [LESS THAN EQUAL TO] 2,700
36.28
0.150
0.400
-0.202
0
0.0346
2,700 < FL [LESS THAN EQUAL TO] 4,050
54.26
0.158
0.400
-0.202
0
0.0424
D. For nonchlorinated process vent streams, if
							 1.9 < net heating value (MJ/scm) [LESS THAN EQUAL TO] 3.6:
FL = vent stream flow rate
							 (scm/min)
a
b
c
d
e
f
FL [LESS THAN EQUAL TO] 13.5
15.24
0
0.033
0
0
0
13.5 < FL [LESS THAN EQUAL TO] 1,190
13.63
0.157
0.033
0
0
0.0245
1,190 < FL [LESS THAN EQUAL TO] 2,380
26.95
0.171
0.033
0
0
0.0346
2,380 < FL [LESS THAN EQUAL TO] 3,570
40.27
0.179
0.033
0
0
0.0424
E. For nonchlorinated process vent streams, if
							 3.6 < net heating value (MJ/scm):
FL = vent stream flow rate
							 (scm/min)
a
b
c
d
e
f
FL [LESS THAN EQUAL TO] 13.5
15.24
0
0
0.0090
0
0
13.5 < FL [LESS THAN EQUAL TO] 1,190
13.63
0
0
0.0090
0.0503
0.0245
1,190 < FL [LESS THAN EQUAL TO] 2,380
26.95
0
0
0.0090
0.0546
0.0346
2,380 < FL [LESS THAN EQUAL TO] 3,570
40.27
0
0
0.0090
0.0573
0.0424
1 Mention of trade names or
				  specific products does not constitute endorsement by the Secretary.