title-45•Title 45 W. Va. C.S.R.
Air Quality Air Quality
Series 01 Alternative Emission Limitations During Startup and Shutdown Operations
W. Va. Code R. § 45-1-1 General
1.1. Scope. -- This rule sets forth the criteria and permit application requirements for establishing an alternative emission limitation during periods of startup or shutdown. This rule was developed in accordance with “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,” 80 Fed. Reg. 33840 (June 12, 2015). The “SSM SIP Call” identified provisions in 45CSR2, 45CSR3, 45CSR5, 45CSR6, 45CSR7, 45CSR10 and 45CSR21 that potentially allowed for excess emissions during SSM events. The purpose of this rule is to provide a mechanism for sources that may be unable to comply with the applicable emission limits in these rules during startup or shutdown events to request and apply for an alternative emission limitation in accordance with the requirements of this rule.
1.2. Authority. -- W.Va. Code § 22-5-4.
1.3. Filing Date. -- March 31, 2026.
1.4. Effective Date. -- June 1, 2026.
1.5. Sunset Provision. -- Does not apply.
1.6. Applicability. This rule applies to the owner or operator of a source subject to 45CSR2, 45CSR3, 45CSR5, 45CSR6, 45CSR7, 45CSR10 or 45CSR21 which cannot comply with the established emission limitations imposed by those rules during periods of startup or shutdown.
W. Va. Code R. § 45-1-2 Definitions
2.1. “Administrator” means the Administrator of the United States Environmental Protection Agency (U.S. EPA) or the Administrator’s duly authorized representative.
2.2. “Alternative Emission Limitation” or “AEL” means an emission limitation that applies to a source during some but not all periods of normal operation (e.g., applies only during a specifically defined mode of operation such as startup or shutdown). An alternative emission limitation is a component of a continuously applicable emission limitation, and it may take the form of a control measure such as a design, equipment, work practice or operational standard (whether or not numerical).
2.3. “Clean Air Act” “(CAA”) means the federal Clean Air Act, 42 U.S.C. 7401, et seq., as amended.
2.4. “Emission Limitation” for the purpose of this rule means a legally binding restriction on emissions from a source or source category, such as a numerical emission limitation, a numerical emission limitation with higher or lower levels applicable during specific modes of source operation, a specific technological control measure requirement, a work practice standard, or a combination of these things as components of a comprehensive and continuous emission limitation.
2.5. “Excess Emissions” means the emissions of air pollutants from a source that exceed any applicable emission limitation. This term includes those emissions above the otherwise applicable emission limitation that occur during startup, shutdown, malfunction or other modes of source operation.
2.6. “Malfunction” means a sudden and unavoidable breakdown of process or control equipment.
2.7. “Practically Enforceable” means for the purpose of this rule and in the context of an emission limitation, that the limitation is enforceable as a practical matter (e.g., within a federally enforceable permit such as one issued pursuant to 45CSR13 and contains appropriate averaging times, compliance verification procedures, compliance monitoring, and recordkeeping requirements). The term uses “practically” as it means “in a practical manner” and not as it means “almost” or “nearly”.
2.8. “Secretary” means the Secretary of the Department of Environmental Protection or such other person to whom the Secretary has delegated authority or duties pursuant to W. Va. Code §§ 22-1-6 or 22-1-8.
2.9. “Shutdown” means the cessation of operation of a source for any purpose, unless otherwise defined in a permit issued to create an alternative emission limitation.
2.10. “SIP” means or refers to a State Implementation Plan. Generally, the SIP is the collection of state statutes and rules approved by the EPA pursuant to CAA section 110 that together provide for implementation, maintenance and enforcement of a national ambient air quality standard (or any revision thereof) promulgated under CAA section 109 for any air pollutant in each air quality control region (or portion thereof) within a state.
2.11. “SSM” refers to startup, shutdown or malfunction at a source. It does not include periods of maintenance. An SSM event is a period of startup, shutdown or malfunction during which there may be exceedances of the applicable emission limitations and thus excess emissions.
2.12. “Startup” means the setting in operation of a source for any purpose, unless otherwise defined in a permit issued to create an alternative emission limitation.
2.13. Other words and phrases used in this rule, unless otherwise indicated, have the meaning ascribed to them in W. Va. Code § 22-5-2 and 40CFR § 52.01.
W. Va. Code R. § 45-1-3 Alternative Emission Limitation
3.1. Any owner or operator that meets the applicability criteria set forth in subsection 1.6 shall request an alternative emission limitation by submitting a permit application to the Secretary in accordance with section 4 of this rule and 45CSR13, 45CSR14, and 45CSR19 as applicable.
3.2. The Secretary shall:
3.2.1. Establish an alternative emission limitation as a practically enforceable permit condition for any owner or operator of a source subject to this rule who requested an AEL in accordance with subsection 4.1 of this rule and in accordance with the requirements of 45CSR13, 45CSR14, and 45CSR19 as applicable;
3.2.2. Develop an alternative emission limitation in accordance with the criteria established under section 5 of this rule; and
3.2.3. Submit any new alternative emission limitation established under this rule to the Administrator as a revision to the SIP for approval by the Administrator. The justification shall include the potential worst-case emissions that could occur during periods of startup or shutdown as set forth in paragraph 5.1.4 of this rule.
3.3. An alternative emission limitation may be a numerical limitation, a technological control requirement, or a work practice requirement that would apply during periods of startup or shutdown as a component of a continuously applicable emission limitation.
3.4. An alternative emission limitation may be composed of a combination of numerical limitations, specific technological control requirements or work practice requirements with each component of the emission limitation applicable during a defined mode of source operation. The alternative emission limitation in conjunction with other permit limitations that apply during normal modes of operation must provide for continuous compliance and must meet the applicable stringency requirements.
3.5. An alternative emission limitation expressed as a numerical limitation does not require the same numerical level of emissions as other normal modes of operation.
3.6. An alternative emission limitation shall not be effectively unlimited or an uncontrolled level of emissions, such as would constitute impermissible de facto exemptions for emissions during startup or shutdown.
3.7. The owner or operator shall not receive an alternative emission limitation without first obtaining a permit in accordance with the provisions of W. Va. Code § 22-5-1 et seq., and 45CSR13, 45CSR14, and 45CSR19 as applicable.
3.8. The Secretary may develop an alternative emission limitation for other similar narrowly defined sources with similar design, operating and control characteristics as a means to establish a consistent alternative emission limitation for any identified specific narrowly defined category of sources using specific pollution control strategies.
W. Va. Code R. § 45-1-4 Application Requirements
4.1. Any owner or operator that cannot comply with the applicable emission limitations required by 45CSR2, 45CSR3, 45CSR5, 45CSR6, 45CSR7, 45CSR10 or 45CSR21 during periods of startup or shutdown shall apply for a permit in accordance with 45CSR13, 45CSR14 or 45CSR19, as applicable and request an alternative emission limitation for periods of startup or shutdown.
4.2. The permit application shall be specific to the emissions unit at the source and shall consist of the following:
4.2.1. The owner or operator shall narrowly define startup and shutdown operations at the emissions unit including the parameters that define startup and shutdown; the estimated duration of startup and shutdown events and the estimated frequency of startup and shutdown events for each requested alternative emission limitation.
4.2.2. The owner or operator shall describe why the control strategy used during normal operations is technically infeasible during periods of startup or shutdown.
4.2.3. The owner or operator shall describe any alternate control strategies considered, why the selected alternative control strategy is appropriate and why other alternative control strategies were not proposed.
4.2.4. The owner or operator shall propose alternative emission limitation(s) and monitoring parameter(s) during startup or shutdown with reasonable specificity to ensure practical enforceability of the alternative emission limitation.
4.2.5. The owner or operator shall provide an estimate of the worst-case emissions that may occur during periods of startup or shutdown for which the proposed alternative emission limitation will apply. For instance, if the proposed AEL is based on a reduced efficiency of the control device during startup then the emissions estimate would be based on the efficiency during periods of startup.
4.2.6. If the owner or operator is proposing a work practice standard as an alternative emission limitation, it may be based on equipment manufacturer’s recommendations or procedures, industry standards, or best management practices based on their unique operating requirements and current condition, usage and configuration of the unit.
4.3. The Secretary has the authority to approve a reasonable definition of startup or shutdown events, the duration of events, and the maximum frequency of events and incorporate them as permit requirements.
W. Va. Code R. § 45-1-5 Criteria
5.1. The Secretary shall use the following criteria to evaluate any proposed alternative emission limitation requested by the owner or operator in the permit application submitted in accordance with subsection 3.1 of this rule and 45CSR13, 45CSR14 or 45CSR19, as applicable.
5.1.1. An alternative emission limitation shall be limited to a specific emission unit using a specific control strategy (e.g., cogeneration facilities burning natural gas and using selective catalytic reduction).
5.1.2. The Secretary shall verify that the applicable emission limit that applies during normal operation of the emission unit is not achievable during periods of startup or shutdown.
5.1.3. An alternative emission limitation requires the frequency and duration of operation during periods of startup or shutdown are minimized to the greatest extent practicable.
5.1.4. The Secretary shall evaluate the potential worst-case emissions that could occur during periods of startup or shutdown based on the alternative emission limitation.
5.1.5. An alternative emission limitation requires all practical steps are taken to minimize the impact of emissions on ambient air quality during periods of startup or shutdown.
5.1.6. Practically enforceable monitoring parameters and records are required to ensure compliance with the alternative emission limitation(s).
5.2. An alternative emission limitation requires that, at all times, the emission unit is operated in a manner consistent with good practice for minimizing emissions and the owner or operator uses best efforts regarding planning, design, and operating procedures. An alternative emission limitation shall not be a generic requirement, such as a “general duty to minimize emissions” provision or an “exercise good engineering judgement” provision. While such provisions may serve an overarching purpose of encouraging sources to design, maintain, and operate their sources correctly, such generic clauses are not a valid substitute for more specific emission limitations. A general duty clause may be part of a work practice standard but may not be a stand-alone work practice standard.
5.3. If the Secretary determines there are multiple owners or operators with emission units within a narrowly defined specific source category that meet the applicability requirements under subsection 1.6, the Secretary shall consider adopting the same consistent alternative emission limitation for all applicable owners or operators within the same narrowly defined source category. A narrowly defined source category would include multiple emission units with similar design, operating characteristics and pollution control strategies.
W. Va. Code R. § 45-1-6 Monitoring, Recordkeeping and Reporting
6.1. The owner or operator shall maintain records during SSM periods. Acceptable records may include, but are not limited to, operator logs (may be electronic), Continuous Emissions Monitoring System (CEMS) data, or other relevant evidence such as operator notes that document the date, time, duration, and estimated emissions during a SSM event. The records shall demonstrate that the alternative emission limitation requirements were met and document the steps taken to minimize emissions to the extent practicable during the event, including, but not limited to, any monitored parameter established in the permit issued pursuant to 45CSR13, 45CSR14 or 45CSR19, as applicable.
6.2. The owner or operator shall maintain records of SSM events for a period of at least 5 years following the date of each occurrence. At a minimum, the most recent 2 years of data shall be maintained on-site. The remaining 3 years of data may be maintained off-site, but shall be made available to the Secretary upon request. Where appropriate, the owner or operator may maintain records electronically.
6.3. Any permit application form, report, or compliance certification submitted to the Secretary shall contain a certification by the responsible official which states that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.
6.4. Recordkeeping and reporting requirements shall be included in any permit issued pursuant to 45CSR1 and 45CSR13, 45CSR14, or 45CSR19, as applicable.
W. Va. Code R. § 45-1-7 Inconsistency Between Rules
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.
Series 02 To Prevent and Control Particulate Air Pollution from Combustion of Fuel in Indirect Heat Exchangers
W. Va. Code R. § 45-2-1 General
1.1. Scope. -- This rule establishes emission limitations for smoke and particulate matter which are discharged from fuel burning units and sets forth the registration, permitting, testing, monitoring, recordkeeping, reporting, and exemption requirements. Appendix 45-2 to this rule sets forth compliance determination methods and procedures.
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.
W. Va. Code R. § 45-2-2 Definitions
2.1. “ASTM” means American Society for Testing and Materials.
2.2. “Air Pollutants” means solids, liquids or gases which, if discharged into the air, may result in a statutory air pollution.
2.3. “Air Pollution” or “statutory air pollution” shall have the meaning ascribed to it in W. Va. Code §22-5-2.
2.4. “Air Pollution Control Equipment” means any equipment used for collecting or confining particulate matter for the purpose of preventing or reducing the emission of this air pollutant into the open air.
2.5. “Alternative Emission Limitation” means an emission limitation that applies to a source during some but not all periods of normal operation (e.g., applies only during a specifically defined mode of operation such as startup or shutdown). An alternative emission limitation is a component of a continuously applicable emission limitation, and it may take the form of a control measure such as a design, equipment, work practice or operational standard (whether or not numerical).
2.6. “Control Equipment” means any equipment used for collecting or confining particulate matter for the purpose of preventing or reducing the emission of this air pollutant into the open air.
2.7. “Discharge Point” means the point at which particulate matter is released from a stack into open air.
2.8. “Distillate Oil” means fuel oil that complies with the specifications for fuel oil numbers 1 or 2, as defined by the American Society for Testing and Materials in ASTM D396-98, “Standard Specification for Fuel Oils”.
2.9. “Fuel” means any form of combustible matter (solid, liquid, vapor or gas) that is used as a source of heat.
2.10. “Fuel Burning Unit” means and includes any furnace, boiler apparatus, device, mechanism, stack or structure used in the process of burning fuel or other combustible material for the primary purpose of producing heat or power by indirect heat transfer. For the purposes of this rule, all fuel burning units are classified in the following categories:
2.10.1. Type ‘a’ means any fuel burning unit which has as its primary purpose the generation of steam or other vapor to produce electric power for sale.
2.10.2. Type ‘b’ means any fuel burning unit not classified as a Type ‘a’ or Type ‘c’ unit such as industrial pulverized-fuel-fired furnaces, cyclone furnaces, gas-fired and liquid-fuel-fired units.
2.10.3. Type ‘c’ means any hand-fired or stoker-fired fuel burning unit not classified as a Type ‘a’ unit.
2.11. “Fugitive Particulate Matter” means any and all particulate matter generated by any operation involving or associated with the combustion of fuel in fuel burning units which, if not confined, would be emitted directly into the open air from points other than a stack outlet.
2.12. “Fugitive Particulate Matter Control System” means any equipment or method used to confine, collect or dispose of fugitive particulate matter, including, but not limited to, hoods, bins, duct work, fans and air pollution control equipment.
2.13. “Heat Input” means the rate of heat release from all fuels fired in all similar units vented by the test stack during the test run period.
2.13.1. “Design Heat Input (DHI)” means the heat input level (in MM Btu/hr) for which an individual fuel burning unit has been designed to be operated during continuous operation.
2.13.2. “Total Design Heat Input (TDHI)” means the sum of the design heat inputs for all similar units located at one plant.
2.13.3. “Normal Maximum Operating Load (NMOL)” means the sum of the Design Heat Input levels (in MM Btu/hr) of the similar unit(s) vented by the test stack, unless the owner/operator has elected to operate one or more of the similar units vented by the test stack at or below a specified percentage of its Design Heat Input level as part of a compliance program, permit or consent order officially accepted by the Secretary. In such event, the NMOL is the sum of the Design Heat Input levels or fractions thereof as appropriate (i.e., NMOL = 0.75 DHI1 + DHI2).
2.14. “Indirect Heat Exchanger” means a device that combusts any fuel and produces steam or heats water or any other heat transfer medium. This term includes any duct burner that combusts fuel and is part of a combined cycle system. This term does not include process heaters as defined in subsection 2.26.
2.15. “Laboratory Official” means the person, qualified by experience or education, who is charged with overseeing or conducting the laboratory analysis of the collected samples. This person is responsible for ensuring the accuracy and validity of the laboratory results.
2.16. “Malfunction” means a sudden and unavoidable breakdown of process or control equipment.
2.17. “Natural Gas” means (1) a naturally occurring mixture of hydrocarbon and nonhydrocarbon gases found in geologic formations beneath the earth’s surface, of which the principal constituent is methane, or (2) liquefied petroleum (LP) gas, as defined by the American Society for Testing and Materials in ASTM D1835-97, “Standard Specification for Liquefied Petroleum Gases”.
2.18. “Normal Operation” when used in the context of fuel quality and combinations fired, means the type, quality and combination of fuel(s) fired which is representative of the fuel or fuel combination fired, in the unit(s) tested, over a reasonable period prior to the test, and the fuel or fuel combination which might reasonably be expected to continue to be fired in this unit after the test. If the type of fuel, quality or combination used in the unit is variable, use the type, quality and/or combination fired in day-to-day operation which can reasonably be expected to produce the greatest particulate matter loading to the control equipment (e.g., if coal is fired eight months out of the year and gas is fired four months out of the year, coal is to be burned during the test).
2.19. “Opacity” means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.
2.20. “Owner or Operator” means the person responsible for the compliance of the fuel burning units subject to the provisions of 45CSR2.
2.21. “Particulate Matter” means any material, except uncombined water, that exists in a finely divided form as a liquid or solid.
2.22. “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.
2.23. “Plant” means and includes all fuel burning units, source operations, equipment and grounds utilized in an integral complex.
2.24. “Prefilter” means a filter used in the sampling train prior to the primary filter for the purpose of reducing the particulate matter build-up on the primary filter.
2.25. “Primary Filter” means the last filter used in the sampling train to separate the particulate matter sample from the sampled stack gas.
2.26. “Process Heater” means a device that is primarily used to heat a material to initiate or promote a chemical reaction in which the material participates as a reactant or catalyst.
2.27. “Probe” means the part of the pitot tube assembly (nozzle, sample tube, pitot tube, filter holder(s), sensor(s)), which precedes the last filter in the sampling train and conveys the sample gas and particulate matter from the nozzle inlet to the last filter disc used for collecting stack particulate matter.
2.28. “Residual Oil” means crude oil, fuel oil that does not comply with the specifications under the definition of distillate oil, and all fuel oil numbers 4, 5 and 6, as defined by the American Society for Testing and Materials in ASTM D396-98, “Standard Specification for Fuel Oils”.
2.29. “Sampling Plane” means the imaginary plane located perpendicular to the gas flow in the duct or stack at the place selected for the extraction of the required samples.
2.30. “Secretary” means the Secretary of the Department of Environmental Protection or such other person to whom the Secretary has delegated authority or duties pursuant to W.Va. Code §§22-1-6 or 22-1-8.
2.31. “Shipment” means any discrete, identifiable quantity of fuel for which a quality report is available. For example, a fuel shipment may be all fuel delivered from a specific lot, identified by the lot number, or fuel delivered under a specific purchase order number.
2.32. “Shutdown” means the cessation of operation of a fuel burning unit(s) subject to this rule for any purpose, unless otherwise defined in a permit creating an alternative emission limitation.
2.33. “Similar Unit(s)” means all Type ‘a’, or all Type ‘b’ or all Type ‘c’ fuel burning units located at one plant.
2.34. “Smoke” means small gas borne and airborne particulate matter arising from a process of combustion in sufficient number to be visible.
2.35. “Stack”, for the purposes of this rule, means, but is not limited to, any duct, control equipment exhaust or similar apparatus, which vents gases and/or particulate matter into the open air.
2.36. “Startup” means the setting in operation of a fuel burning unit subject to this rule for any purpose, unless otherwise defined in a permit creating an alternative emission limitation.
2.37. “Test Team Supervisor” means the person, qualified by experience or education, who is charged with supervising the stack test. This person is responsible for ensuring the validity and correctness of the submitted test results.
2.38. “Wet Scrubber System” means any emission control device that mixes an aqueous stream or slurry with the exhaust gases from an indirect heat exchanger to control emissions of particulate matter (PM) or SO2.
2.39. “Wood” means wood, wood residue, bark, or any derivative fuel or residue thereof, in any form, including, but not limited to, sawdust, sanderdust, wood chips, scraps, slabs, millings, shavings and processed pellets made from wood or other forest residues.
2.40. Other words and phrases used in this rule, unless otherwise indicated, shall have the meaning ascribed to them in W.Va. §22-5-1 et seq.
W. Va. Code R. § 45-2-3 Visible Emissions of Smoke and/or Particulate Matter Prohibited and Standards of Measurement
3.1. No person shall cause, suffer, allow or permit emission of smoke and/or particulate matter into the open air from any fuel burning unit which is greater than 10 percent opacity based on a six-minute block average.
3.2. Compliance with the visible emission requirements of subsection 3.1 shall be determined in accordance with 40 CFR Part 60, Appendix A, Method 9 and 45CSR16 or by using measurements from continuous opacity monitoring systems approved by the Secretary. The Secretary may require the installation, calibration, maintenance and operation of continuous opacity monitoring systems and may establish policies for the evaluation of continuous opacity monitoring results and the determination of compliance with the visible emission requirements of subsection 3.1. Continuous opacity monitors shall not be required on fuel burning units which employ wet scrubbing systems for emission control.
3.3. If the owner or operator of a fuel burning unit can demonstrate to the satisfaction of the Secretary that compliance with subsection 3.1 cannot practically be achieved with respect to soot blowing operations or during the cleaning of a fire box, the Secretary may formally approve an alternative visible emission standard applicable to the fuel burning unit for soot blowing periods; provided that the exception period shall not exceed a total of 6 six minute time periods in a calendar day with visible emissions limited to 30% opacity, as determined in accordance with 40 CFR Part 60, Appendix A, Method 9 and 45CSR16, or by using measurements from a certified continuous opacity monitoring system.
3.4. The Secretary may approve an alternative visible emission standard to that required under subsection 3.1, not to exceed 20 percent opacity, upon the filing of a written petition by the owner or operator, which petition shall include a demonstration satisfactory to the Secretary:
3.4.1. That it is technologically or economically infeasible to comply with subsection 3.1;
3.4.2. That emissions from the fuel burning unit for which an alternative visible emission standard is proposed impact no area in which the National Ambient Air Quality Standards for particulate matter are being exceeded nor will any such emissions cause or contribute to a violation of the National Ambient Air Quality Standards for particulate matter in an area which currently meets such standards;
3.4.3. That the particulate weight emission standards under section 4 of this rule are being met, as determined in accordance with the Appendix 45-2 to this rule -- “Compliance Test Procedures for 45CSR2";
3.4.4. That the fuel burning unit for which an alternative visible emission standard is proposed is at all times operated and maintained in accordance with the provisions of subsection 9.2;
3.4.5. That the fuel burning unit for which an alternative visible emission standard is proposed and its associated air pollution control equipment are incapable of being adjusted or operated at normal operating loads to meet the applicable visible emission standard;
3.4.6. That the owner or operator will install, calibrate, maintain and operate a continuous opacity monitoring system approved by the Secretary, for the fuel burning unit for which an alternative visible emission standard is proposed, and will submit the results of such monitoring system to the Secretary on a calendar monthly basis in a format approved by the Secretary, provided that this provision shall not apply to fuel burning units which employ wet scrubbing systems for emission control; and
3.4.7. That all other requirements of law and rules enforced by the Secretary will be met.
W. Va. Code R. § 45-2-4 Weight Emission Standards
4.1. No person shall cause, suffer, allow or permit the discharge of particulate matter into the open air from all fuel burning units located at one plant, measured in terms of pounds per hour in excess of the amount determined as follows:
4.1.1. For Type ‘a’ fuel burning units, the product of 0.05 and the total design heat inputs for such units in million British Thermal Units (B.T.U.’s) per hour, provided however that no more than 1200 pounds per hour of particulate matter shall be discharged into the open air from all such units;
4.1.2. For Type ‘b’ fuel burning units, the product of 0.09 and the total design heat inputs for such units in million B.T.U.’s per hour, provided however that no more than 600 pounds per hour of particulate matter shall be discharged into the open air from all such units; and
4.1.3. For Type ‘c’ fuel burning units, in excess of the values listed in Table 45-2, provided however that no more than 300 pounds per hour of particulate matter shall be discharged into the open air from all such units.
4.1.3.a. For values between any two corresponding consecutive values listed in Table 45-2, linear interpolation is to be used for both columns.
4.2. Subject to the provisions of this rule, allowable emission rates for individual stacks shall be determined by the owner and/or operator and registered with the Secretary at the request of, and on forms provided by, the Secretary. Such rates shall be subject to review and approval by the Secretary.
4.2.1. The approved set of individual stack allowable emission rates shall become an official part of the compliance schedule and/or any permits concerning such source(s) and shall not be changed without the prior written approval of the Secretary.
4.3. If the number of similar fuel burning units located at one plant, each of which is meeting the requirements of this rule, is expanded by the addition of a new unit(s), the total allowable emission rate for the new unit(s) shall be determined by the following formula. However, the maximum allowable emission rates given in subsection 4.1. are not to be exceeded:
Re = ( 1 - ( Het - He ) ) Ret Het Re is the total allowable emission rate in pounds per hour for the new fuel burning unit(s);
Het is the total design heat input in million B.T.U.’s per hour of the existing and new similar units;
Ret is the total allowable emission rate in pounds per hour corresponding to Het; and He is the total design heat input in million B.T.U.’s per hour for the new fuel burning unit(s).
4.4. The addition of sulfur oxides to a combustion unit exit gas stream for the purpose of improving emissions control equipment efficiency shall be reviewed by the Secretary. No person shall cause, suffer, allow or permit the addition of sulfur oxides as described above unless written approval for such addition is provided by the Secretary.
4.5. The provisions of subsection 4.4 shall not apply to combustion units in operation on or before September 1, 1974.
W. Va. Code R. § 45-2-5 Control of Fugitive Particulate Matter
5.1. No person shall cause, suffer, allow or permit any source of fugitive particulate matter to operate that is not equipped with a fugitive particulate matter control system. This system shall be operated and maintained in such a manner as to minimize the emission of fugitive particulate matter. Sources of fugitive particulate matter associated with fuel burning units shall include, but not be limited to, the following:
5.1.1. Stockpiling of ash or fuel either in the open or in enclosures such as silos;
5.1.2. Transport of ash in vehicles or on conveying systems, to include spillage, tracking or blowing of particulate matter from or by such vehicles or equipment; and
5.1.3. Ash or fuel handling systems and ash disposal areas.
W. Va. Code R. § 45-2-6 Registration
6.1. All persons owning or operating fuel burning units in existence on September 1, 1974 not previously registered shall have registered such units with the Secretary. The information required for registration shall be determined and provided in the manner specified by the Secretary. Registration forms should be requested from the Secretary by the owner and/or operator of fuel burning unit(s) subject to the provisions of this section.
6.2. The owner or operator of fuel burning units that were under construction or on which construction was initiated as of October 1, 1974, not previously registered shall have registered such fuel burning units with the Secretary.
W. Va. Code R. § 45-2-7 Permits
7.1. No person shall construct, modify or relocate any fuel burning unit without first obtaining a permit in accordance with the provisions of W. Va. Code §22-5-1 et seq., and Series 13, 14, 19 and 30 of Title 45.
W. Va. Code R. § 45-2-8 Testing, Monitoring, Recordkeeping and Reporting
8.1. Testing.
8.1.1. The owner or operator of a fuel burning unit(s) shall demonstrate compliance with section 3 by periodic testing in accordance with 40 CFR Part 60, Appendix A, Method 9 and 45CSR16, or a certified continuous opacity monitoring system, as approved by the Secretary, and section 4 by periodic particulate matter stack testing, conducted in accordance with the appropriate test method set forth in the Appendix 45-2 to this rule or other equivalent EPA approved method approved by the Secretary. The owner or operator shall conduct such testing at a frequency to be established by the Secretary.
8.1.2. At such reasonable times as the Secretary may designate, the owner or operator of any fuel burning unit(s) may be required to conduct or have conducted tests to determine the compliance of such unit(s) with the emission limitations of section 4. Such tests shall be conducted in accordance with the appropriate method set forth in Appendix 45-2 to this rule or other equivalent EPA approved method approved by the Secretary. The Secretary may at his option witness or conduct such tests. Should the Secretary exercise his option to conduct such tests, the operator will provide all necessary sampling connections and sampling ports located in such manner as the Secretary may require, power for test equipment, and the required safety equipment such as scaffolding, railings and ladders to comply with generally accepted good safety practices.
8.1.2.a. Sufficient information on temperatures, velocities, pressures, weights and dimensional values shall be reported to the Secretary, with such necessary commentary as he may require to allow an accurate evaluation of the reported test results and the conditions under which they were obtained.
8.1.3. The Secretary may conduct such other tests as he may deem necessary to evaluate air pollution emissions other than those noted in subsection 4.1.
8.2. Monitoring.
8.2.1. The owner or operator of a fuel burning unit(s) shall monitor compliance with section 3 as set forth in an approved monitoring plan for each emission unit. Such monitoring plan(s) shall include, but not be limited to, one or more of the following: continuous measurement of emissions, monitoring of emission control equipment, periodic parametric monitoring, or such other monitoring as approved by the Secretary.
8.2.1.a. Direct measurement with a certified continuous opacity monitoring system (COMS) shall be deemed to satisfy the requirements for a monitoring plan. Such COMS shall be installed, calibrated, operated and maintained as specified in 40 CFR Part 60, Appendix B, Performance Specification 1 (PS1) and 45CSR16. COMS meeting the requirements of 40 CFR Part 75 (Acid Rain) and 45CSR33 will be deemed to have satisfied the requirements of PS1.
8.2.1.b. Reserved.
8.2.1.c. Excursions outside the range of operating parameters associated with control or process equipment which are established in an approved monitoring plan will not necessarily constitute a violation of this rule.
8.3. Recordkeeping and Reporting.
8.3.1. The owner or operator of a fuel burning unit(s) shall maintain on-site all records of monitored data established in the monitoring plan pursuant to subdivision 8.2.1. Such records shall be made available to the Secretary upon request. Such records shall be retained on-site for a minimum of five years.
8.3.2. The owner or operator shall submit a periodic exception report to the Secretary, in a manner and at a frequency to be established by the Secretary. Such exception report shall provide details of all excursions outside the range of measured emissions or monitored parameters established in an approved monitoring plan, and shall include, but not be limited to, the time of the excursion, the magnitude of the excursion, the duration of the excursion, the cause of the excursion and the corrective action taken.
8.3.3. The owner or operator shall maintain records of the operating schedule and the quantity and quality of fuel consumed in each fuel burning unit in a manner to be established by the Secretary. Such records are to be maintained on-site and made available to the Secretary upon request.
8.3.4. Where appropriate, the owner or operator of a fuel burning unit(s) may maintain such records in electronic form.
8.4. Exceptions.
8.4.1. The owner or operator of a fuel burning unit(s) may petition for alternatives to testing, monitoring and reporting requirements prescribed pursuant to this rule for conditions, including, but not limited to, the following:
8.4.1.a. Infrequent use of a fuel burning unit(s).
8.4.1.b. Continuous emission measurement equipment that does not meet the design requirements of 40 CFR Part 60, Appendix B, Performance Specification 1 (PS1) and 45CSR16 or 40 CFR 75 (Acid Rain) and 45CSR33, where it can be adequately demonstrated that there is a definite and consistent relationship between its measurement and the measurements of opacity by a system complying with PS1. The Secretary may require that such demonstration be performed for each fuel burning unit.
8.4.1.c. Where a single fuel burning unit may have more than one emission point.
8.4.1.d. Where the desired location of the continuous monitoring system does not meet the requirements of the applicable performance standard, when the owner or operator can demonstrate that installation at alternative locations will enable accurate and representative measurements.
8.4.2. The owner or operator of a fuel burning unit(s) which combusts only natural gas shall be exempt from the requirements of subdivision 8.1.1 and subsection 8.2.
8.4.3. The owner or operator of a fuel burning unit(s) with a Design Heat Input of less than 100 mmBtu/hr shall be exempt from the periodic testing requirements of subdivision 8.1.1 and the monitoring requirements of subsection 8.2. The Secretary reserves the right to require testing pursuant to subdivisions 8.1.2 and 8.1.3.
8.5. Requests for Information.
8.5.1. The Secretary shall respond within five working days to requests for information generated or required under this rule. Requests for information not in the Secretary’s custody shall be promptly forwarded to the appropriate federal or state agency known to have such information.
8.5.2. Data relating to electric utilities and fuel quality and costs of fuels are available from the Federal Energy Regulatory Commission (FERC) and the West Virginia Public Service Commission (PSC).
W. Va. Code R. § 45-2-9 Start-ups, Shutdowns and Malfunctions
9.1. Reserved.
9.2. At all times, including periods of start-ups, shutdowns and malfunctions, owners and operators shall, to the extent practicable, maintain and operate any fuel burning unit(s) including associated air pollution control equipment in a manner consistent with good air pollution control practice for minimizing emissions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Secretary which may include, but is not limited to, monitoring results, visible emission observations, review of operating and maintenance procedures and inspection of the source.
9.3. The owner or operator of a fuel burning unit(s) subject to this rule shall report to the Secretary any malfunction of such unit or its air pollution control equipment which results in any excess particulate matter emission rate or excess opacity (i.e., emissions exceeding the standards in section 3 and 4 as provided in one of the following subdivisions:
9.3.1. Excess opacity periods meeting the following conditions may be reported on a quarterly basis unless otherwise required by the Secretary:
9.3.1.a. The excess opacity period does not exceed 30 minutes within any 24-hour period; and
9.3.1.b. Excess opacity does not exceed 40%.
9.3.2. The owner or operator shall report to the Secretary any malfunction resulting in excess particulate matter or excess opacity, not meeting the criteria set forth in subdivision 9.3.1, by telephone or e-mail by the end of the next business day after becoming aware of such condition. The owner or operator shall file a certified written report concerning the malfunction with the Secretary within 30 days providing the following information:
9.3.2.a. A detailed explanation of the factors involved or causes of the malfunction;
9.3.2.b. The date and time of duration (with starting and ending times) of the period of excess emissions;
9.3.2.c. An estimate of the mass of excess emissions discharged during the malfunction period;
9.3.2.d. The maximum opacity measured or observed during the malfunction;
9.3.2.e. Immediate remedial actions taken at the time of the malfunction to correct or mitigate the effects of the malfunction; and
9.3.2.f. A detailed explanation of the corrective measures or program that will be implemented to prevent a recurrence of the malfunction and a schedule for such implementation.
9.4. Reserved.
9.5. Reserved.
9.6. Any owner or operator that cannot comply with the emission limitations required by sections 3 or 4 during startup or shutdown shall request an alternative emission limitation pursuant to 45CSR1.
W. Va. Code R. § 45-2-10 Reserved
W. Va. Code R. § 45-2-11 Exemptions
11.1. Any fuel burning unit(s) having a heat input under 10 million B.T.U.’s per hour will be exempt from sections 4, 5, 6, 8 and 9. However, failure to attain acceptable air quality in parts of some urban areas may require the mandatory control of these sources at a later date.
W. Va. Code R. § 45-2-12 Inconsistency Between Rules
12.1. In the event of any inconsistency between this rule and Appendix 45-2 and any other rule of the Division of Air Quality, such inconsistency shall be resolved by the determination of the Secretary and such determination shall be based upon the application of the more stringent provision, term, condition, method or rule.
W. Va. Code R. § 45-2-13 Disposition of Rule; Severability
13.1. 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.
13.2. 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.
13.3. 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.
13.4. 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 requirement § 45-2-9.6 and revert to the August 31, 2000 requirements found at §§ 45-2-9.1, -9.4, -9.5, -10.1, and -10.2.
TABLE 45-2
Total Design Heat Input for All Type ‘c’ Fuel Burning Units Located at One Plant in Millions of B.T.U.’s Per Hour Total Allowable Particulate Matter Emission Rate for Units Located at One Plant in Pounds Per Hour 3.4 5.6 9.0 11.7 14.4 16.6 26.4 42.2 54.0 3,333 300.0
APPENDIX 45-2
COMPLIANCE TEST PROCEDURES FOR 45CSR2
Section 1. General.
1.1. Scope. -- Appendix 45-2 establishes stack testing procedures for determination of compliance with the weight emission standards set forth in 45CSR2. The test methods in subsection 4.1 of Appendix 45-2 contain acceptable stack testing, calibration, and laboratory procedures including appropriate apparatus with provisions for certain minor exceptions as provided in section 6 of Appendix 45-2.
Section 2. Reserved.
Section 3. Symbols.
3.1. Ab = (Sd) x (Va), Ab is the estimate of the weight of residue, prior to use, in the acetone wash volume used (grams)
3.2. An = cross-sectional area of the sample nozzle (ft2)
3.3. As = cross-sectional area of the sample plane (ft2)
3.4. ASTM = American Society for Testing and Materials
3.5. B = percent moisture in the sampled gas, by volume, on a wet basis, divided by 100
3.6. BE = the boiler thermal efficiency (percent)
3.7. C = 453.592 grams/pound
3.8. oC = degrees Centrigrade
3.9. cfm = cubic feet per minute
3.10. CEM = continuous emission monitoring equipment
3.11. CO = carbon monoxide
3.12. CO2 = carbon dioxide
3.13. d = diameter of nozzle (inches)
3.14. DGR = dry gas meter reading: the sample gas volume meter reading at meter conditions (cubic feet)
3.15. ΔDGR = difference between two consecutive DGR’s, the volume sampled at each sampling point (cubic feet)
3.16. EA = excess air fraction
3.17. F-factor = a factor representing a ratio of the dry flue gases generated to the calorific value of the fuel combusted (dscf/106 Btu)
3.18. Fi = quantity of each fuel fired in a fuel burning unit during the total test run period (in appropriate units)
3.19. ○F = degrees Fahrenheit
3.20. Fp = combined correction factor for units and pitot tube deviation
3.21. ft3 = cubic feet
3.22. ft/min = feet per minute
3.23. gm = grams
3.24. hbd = average enthalpy of steam/water leaving boiler as blowdown (Btu/lbm)
3.25. hi = average enthalpy of steam or other working fluid entering the boiler of the fuel burning unit (Btu/lbm)
3.26. ho = average enthalpy of steam or other working fluid leaving the boiler of the fuel burning unit (Btu/lbm)
3.27. ΔH = pitot tube differential reading (inches H2O)
3.28. ΔHp = indicated differential pressure when the test pitot tube is used at the calibration point
3.29. ΔHs = indicated differential pressure when the standard pitot tube is used at the calibration point
3.30. Hg = mercury
3.31. HI = heat input per fuel burning unit(s) (106 Btu per hour)
3.32. H2S = hydrogen sulfide
3.33. HVf = higher heating value of the fuel on an as fired basis (in Btu/lbm)
3.34. HVi = average Btu value of each fuel used on an as fired basis, in appropriate units (Btu/lbm, Btu/gal, etc.)
3.35. in. Hg = inches of mercury, pressure
3.36. ISKo = overall isokinetic factor, ratio of total actual sample volume (Qm) to the total isokinetic sample volume (Qo), both volumes adjusted to standard conditions
3.37. ISKp = point isokinetic factor, ratio of the actual sample volume to the isokinetic sample volume
3.38. %ISK = 100 (ISKo - 1)
3.39. Kp = coefficient of deviation of the Type S pitot tube used in sampling, determined by calibration
3.40. Ks = coefficient of deviation for a standard pitot tube
3.41. ibf = pounds force
3.42. lbm = pounds mass
3.43. Ma = particulate matter obtained from the evaporation of the acetone washings (grams)
3.44. Mbd = average mass flow rate of blowdown (lbm/hr)
3.45. Mf = particulate matter collected by filter(s) (grams)
3.46. Mg = molecular weight of gas sample on wet basis
3.47. mf = average mass flow rate of steam through the boiler (lbm/hr)
3.48. mg = milligram
3.49. ml = milliliter
3.50. Mn = Mf + Ma - Ab (grams), indicated weight of particulate matter collected by the sampling train
3.51. n = number of items in a set of related items
3.52. N2 = nitrogen
3.53. O2 = oxygen
3.54. Θ = sum of all extraction times at all points sampled per run (min.)
3.55. Pb = atmospheric pressure (in. Hg)
3.56. Pf = ash fraction of the non-metered fuel on an as fired basis
3.57. Pm = absolute pressure of gas at meter (in. Hg)
3.58. Pm = average absolute pressure of the sampled gas at meter conditions for the test run (in. Hg)
3.59. Ps = absolute pressure of gas in stack at sampling plane
3.60. qm = actual sample volume for each sample point adjusted to 68 ○F and 29.92 in. Hg (ft3)
3.61. Qm = sum of all qm for each test run (ft3)
3.62. qo = volume of sampled gas for each point if isokinetic conditions were maintained, adjusted to 68 ○F and 29.92 in. Hg (ft3)
3.63. Qo = sum of all qo for each test run (ft3)
3.64. Sd = residue found in acetone blank (gm/ml)
3.65. π = pi, 3.1416
3.66. Δt = elapsed time at each sampling point (minutes)
3.67. Tf = temperature of the primary out-of-stack filter holder, when used (○F)
3.68. Tm = temperature of gas sample at volume meter for each point (○F)
3.69. Tm = average temperature of gas sample at volume meter for test run (○F)
3.70. Ts = stack gas temperature (○F)
3.71. Va = volume of acetone wash (ml)
3.72. Vac = vacuum (inches of mercury)
3.73. Vm = sum of all ΔDGR for the test run (ft3)
3.74. Vmstd = Vm corrected to standard conditions
3.75. w = 1/(1 - B), ratio of wet gas volume to dry gas volume
3.76. W = Wc + Wd (grams), amount of H2O removed from the sampled gas
3.77. Wc = amount of water collected in the condenser or impingers (grams)
3.78. Wd = amount of water collected by the drying agent in the absorber (grams)
3.79. % = percent
Section 4. Adoption of Test Methods.
4.1. The owner or operator of a fuel burning unit shall determine compliance with the weight emission standards contained in 45CSR2 by using Reference Method 5, 5B, or 17 set forth in 40 CFR Part 60, Appendix A (incorporated by reference into state law in 45CSR16), as amended by subdivisions 4.1.1. through 4.1.4.
4.1.1. Primary filter media shall be maintained at, or about, stack temperature. The temperature of the primary filter media shall not exceed that of the stack except that in cases where sampling follows a wet scrubbing device the temperature of the primary filter, initial filter tare, and oven temperature may be adjusted to a maintained temperature of up to 250 ○F.
4.1.2. The result of each compliance test is to be the arithmetic average of 3 complete sampling runs conducted within a 7 day period.
4.1.3. A complete sampling run shall be one complete determination of the total particulate matter emission rate through the test stack for which:
4.13.a. the minimum total sampling time is 2 hours; and
4.1.3.b. the minimum total sample volume is 60 cubic feet adjusted to 68 ○F and 29.92 inches of Hg. Smaller sampling volumes and shorter sampling times may be approved by the Secretary on a case-by-case basis when necessitated by process variables or other factors.
4.1.4. Any and all references in 40 CFR, Part 60, Appendix A and 45CSR16 to the “Administrator” is amended to be the “Secretary”.
4.2. In carrying out these methods for the purpose of determining mass emission rates, it is understood that other Reference Methods contained in 40 CFR, Part 60, Appendix A are integral parts of Methods 5, 5B, and 17 in particular, but not inclusive, Methods 1, 2, 3, and 4.
Section 5. Unit Load and Fuel Quality Requirements.
5.1. All compliance test runs, which are to be included in the test result for a unit or a specified number of units, shall be conducted while the unit or group of units is operated at or above the normal maximum operating load for the specified unit or group of units; while fuel or combinations of fuel representative of normal operation are being burned; and under such other relevant conditions as the Secretary may specify based on representative performance of the specified units.
Section 6. Minor Exceptions.
6.1. In the interest of practicality, the Secretary or his designee may allow minor exceptions, not related to test site safety, to the specifications of these methods, if the Secretary or his designee concludes that in a particular case, the granting of such exception would not invalidate the test results. If such exceptions are granted, alternate specifications may be prescribed.
6.2. If an exception as described above is granted, the scope of the exception and any alternative specification prescribed shall be recorded in a letter of exception signed by the authorizing official. A copy of such letter of exception shall be attached to the test report.
Section 7. Pretest and Post Test General Requirements.
7.1. The owner or operator required to conduct tests and his test consultants shall become familiar with the requirements of 45CSR2 Reference Methods as contained in 40 CFR, Part 60, Appendix A and 45CSR16, and the requirements as delineated in Appendix 45-2, including all forms, equations, and definitions. Questions of interpretation, applicability, or exception shall be resolved with the Secretary prior to conducting the test.
7.2. When a compliance test conducted in accordance with Appendix 45-2 is required, the owner or operator of the affected unit(s) shall be notified in writing by the Secretary. The notice shall prescribe the following:
7.2.1. the unit(s) to be tested;
7.2.2. the identification number to be assigned to the test;
7.2.3. the date by which the test is to be completed and the test report submitted; and
7.2.4. the person, if other than the Secretary, to whom the test report is to be submitted, and with whom questions concerning the test procedure may be resolved. Test report forms for filing the results of the compliance test are available from the Secretary on request.
7.3. At least 30 days prior to each compliance test, or within such other time period as requested and approved by the Secretary, a test protocol shall be furnished to the Secretary for review and approval and shall include as a minimum, the following information:
7.3.1. Identification and description of the unit(s) that are to be tested.
7.3.2. A discussion of the manner in which the unit(s) shall be operated during the test periods with respect to operating loads, representativeness of fuel(s) fired, operating temperatures, and other factors which may affect emissions.
7.3.3. A description or listing of unit and control equipment data that shall be monitored and recorded during the test runs.
7.3.4. A description of test methods and equipment that shall be employed with requests for approval of any variances to test method procedures or sampling equipment designs set forth under Appendix 45-2.
7.3.5. A drawing of the stack or duct sections where samples shall be taken showing distances to upstream and downstream gas flow disturbances or bends and changes in duct or stack cross sections.
7.3.6. A drawing of the test plane(s) showing dimensions and number and location of sampling (traverse) points.
7.3.7. The sampling time at each traverse point and total sampling time for each test run. If the sampling time per traverse point is to be less than 5 minutes, comments shall be included concerning the variability of gas flow and temperatures during the shorter sampling time and how the sampling rate shall be monitored and adjusted to maintain isokinetic conditions.
7.3.8. The minimum volume (SCF) of gas that shall be sampled per test run.
7.3.9. The name of the person to contact concerning the scheduled tests and affiliation of personnel who shall conduct the tests.
7.3.10. A copy of the last individual stack registration approved by the Secretary in accordance with subsection 4.1.2 of 45CSR2.
7.3.11. A statement concerning where the laboratory analyses are to be conducted and a description of the chain of custody for collected samples.
7.3.12. The anticipated date that subject testing is to be performed.
7.4. Notification of the actual dates upon which compliance testing will be conducted shall be provided to the Secretary, in writing, no later than 15 days prior to the date of the first test run, or within such other time period as requested and approved by the Secretary, so that he may, at his option, have an observer present during the test runs and sample analyses. Such notification may be submitted with the test protocol, however, the actual date of initial testing shall not be less than 30 days from date of protocol submittal. Within constraints imposed by available facilities, copies of test field data sheets, laboratory sheets, unit operating logs and similar relevant data collected during the test runs shall be provided to the Secretary’s observer upon request at the conclusion of the tests. Any such data or other information so made available shall be treated as confidential upon request by the operator and shall not be made available to the public. The owner or operator shall place the word “confidential” upon all such information which is gathered and retained by the Secretary. If facilities and circumstances allow, the Secretary’s test observer shall, at his or her option, observe the laboratory analyses.
7.5. A compliance test report providing the information summarized below and any additional information that the Secretary may require shall be submitted to the Secretary within 60 days, or within such other time period as requested and approved by the Secretary, of the completion of the compliance testing.
7.5.1. General Information
7.5.1.a. Plant name and location
7.5.1.b. Units/stacks tested
7.5.1.c. Name and address of company performing the tests
7.5.1.d. Test dates and times
7.5.2. Report Certification. The following persons shall certify that the test report contains true and accurate information:
7.5.2.a. Test team supervisor
7.5.2.b. Reviewer of test report (if applicable)
7.5.2.c. If test is performed by source owner, the report shall also be certified by facility owner/operator
7.5.3. Test Summary
7.5.3.a. Description of emissions sources/stacks tested
7.5.3.b. Purpose of test
7.5.3.c. Pollutants measured
7.5.3.d. Operating data
7.5.3.d.1. Unit(s) configuration and air pollution control equipment flow diagrams.
7.5.3.d.2. Summary of operating parameters including steam or electrical production rates and other relevant parameters measured and recorded and/or calculated for test periods shall be attached to the report.
7.5.3.d.3. Pertinent control equipment and operating data recorded and/or calculated for the test period should be attached to the report. As each boiler operation and associated control equipment normally presents a unique case, pertinent data shall be determined on a case-by-case basis.
7.5.3.d.4. Description of any unusual or non-typical operating mode, fuels, soot blowing, blowdown, etc. occurring or used during the tests.
7.5.4. Test Results.
7.5.4.a. Mass emission test results with emissions reported in units of the applicable standard and in pounds per hour.
7.5.4.b. Visible emissions test results, if applicable, as measured by observer or transmissometer. If observed by personnel from test company or plant, evidence of observer’s certification shall be attached to the report.
7.5.4.c. Description of collected samples (if such information is deemed to be useful).
7.5.4.d. Description and discussion of real or apparent errors involved in test or process measurements, analysis, etc.
7.5.5. Test Procedures
7.5.5.a. Description of test equipment including drawing of sampling train.
7.5.5.b. Description of test procedures employed with detailed documentation of any deviations from methods required by Appendix 45-2.
7.5.5.c. Description of analytical procedures employed with detailed documentation of any deviations from methods required by Appendix 45-2.
7.5.5.d. Dimensioned drawing of sampling port location showing distances to upstream and downstream gas flow disturbances.
7.5.5.e. Cross-sectional drawing of sampling plane showing location and numbers or other designations of sampling points.
7.5.6. Appendix.
7.5.6.a. Copies of original field data sheets from test runs.
7.5.6.b. Copies of original log sheets, strip charts and other process or control equipment data recorded during tests. These attachments shall be certified by a responsible plant official. As each boiler operation and associated control equipment normally presents a unique case, pertinent data shall be determined on a case-by-case basis.
7.5.6.c. Laboratory report including chain of custody.
7.5.6.d. Description of test equipment calibration procedures and calibration results for test equipment used.
7.5.6.e. Description of calibration performed on devices recording important operating data during the tests.
7.5.6.f. Copies of strip charts or other original outputs from continuous emission monitoring (CEM) equipment on the tested source and description of CEM system calibration and operation prior to and/or during tests.
7.5.6.g. Originals of any visible emission readings taken during test period.
7.5.6.h. Copies of relevant correspondence such as West Virginia Department of Environmental Protection letters approving test method variances.
7.5.6.i. Names and titles of persons involved in the test including sampling team members, company personnel, and outside observers.
7.6. Subject to the provisions of section 6 of Appendix 45-2, Minor Exceptions, a complete sampling run is one complete determination of the total particulate matter emission rate through the test stack for which:
7.6.1. The composite particulate matter sample is extracted from the duct or stack at a location and from the number of sampling points prescribed in Method 1 of 40 CFR, Part 60, Appendix A and 45CSR16;
7.6.2. The sampling equipment and its method of operation for collection of particulate sample meets the criteria and requirements prescribed in Method 5, 5B or Method 17 of 40 CFR, part 60, Appendix A and 45CSR16;
7.6.3. The overall sampling rate is within ± 10% of the overall isokinetic sampling rate, as calculated in Method 5, 5B or Method 17 of 40 CFR, Part 60, Appendix A and 45CSR16; whichever is applicable;
7.6.4. The stack gas components data is determined as prescribed by Methods 3 and 4 of 40 CFR, Part 60, Appendix A and 45CSR16;
7.6.5. The other provisions of Appendix 45-2 are met and sufficient heat input and fuel quality data is provided to verify that the requirements of section 8 are met; and
7.6.6. Sufficient data and commentary is provided with the submitted test report forms to allow the Secretary or his designee to evaluate the reported test results and the conditions under which they were obtained.
Section 8. Heat Input Data Measurements.
8.1. General.
8.1.1. The data measurements required to determine the total heat input to the fuel burning unit(s) vented by the test stack during the test run period depends on the computational method applicable. Appendix 45-2 prescribes 3 computational methods: Method 1H - Fuel Use Basis, Method 2H - Steam Balance Basis and Method 3H - Flue Gas Analysis Basis.
8.1.1.a. The test supervisor is to submit data on the heat input(s) based on the Fuel Use Basis (Method 1H) whenever coal scales or other fuel meters, as appropriate, are available.
8.1.1.b. If the appropriate fuel metering device(s) are not available, Method 2H - Steam Balance Basis is to be used.
8.1.1.c. For all test runs also submit data on the heat input(s) based on Method 3H - Flue Gas Analysis Basis, in addition to the data required by Method 1H or 2H, whichever is applicable.
8.1.2. The following subsections detail the specific data required for each method and the means of obtaining these data.
8.2. Fuel Use Method (1H).
8.2.1. This computational method requires:
8.2.1.a. The measured amount of all fuel(s) fired in the fuel burning units during each test run period, as determined by continuous coal scales or equivalent and/or oil flow and/or gas meter(s). When gas is fired, the temperature and pressure of the gas meter(s) are needed.
8.2.1.b. The average moisture, ash, sulfur, volatile matter, and Btu value(s) of fuels fired in the fuel burning units during the test run period is to be determined and reported as follows:
8.2.1.b.1. For coal:
8.2.1.b.1.A. Obtain a representative sample of the coal fired in each fuel burning unit during the test run period. This sample is to be obtained in accordance with the Commercial Sampling Procedure of ASTM Method D 2234-76 or its latest revision. Consult this ASTM standard for details of the required procedures. Sampling and analysis of coal entering bunkers or silos feeding the fuel burning unit to be tested is also acceptable provided that ASTM requirements are met and that such sampling/analysis properly represents the quality of the coal burned during the test periods.
8.2.1.b.1.B. Prepare the reduced gross sample, obtained above, for laboratory analysis in accordance with ASTM Method D 2013-72, “Preparing Coal Samples for Analysis” or its later revision. Consult this ASTM standard for details of the required procedure. In this ASTM method, further amplification is given to the methods of reducing the gross sample to a laboratory sample and preparing the laboratory analysis. The laboratory sample is so prepared that 100% of the coal sample shall pass through a No. 60 (250 micron) sieve. The final product is thoroughly mixed prior to extracting analytical samples.
8.2.1.b.1.C. Extract an analytical sample from the laboratory sample and determine the moisture, ash, and volatile matter content of this sample in accordance with ASTM Method D 3173-73 or ASTM Method D 2961-87 (Moisture), ASTM D 3174-82 (Ash), and ASTM D 3175-82 (Volatile Matter) or their latest revisions. Consult these ASTM standards for details of the required procedures. In these ASTM methods, procedures are prescribed for determining the moisture, ash, and volatile content of the sample.
8.2.1.b.1.D. Extract another analytical sample from the laboratory sample and determine the Btu content of the sample in accordance with ASTM Method D 2015-77 “Gross Calorific Value of Solid Fuel by the Adiabatic Bomb Calorimeter” or its latest revision. Consult this ASTM standard for details of the required procedure.
8.2.1.b.1.E. Extract another analytical sample from the laboratory sample and determine total sulfur content of the sample in accordance with ASTM Method D 3177-75 “Test for Total Sulfur in the Analysis Sample of Coal and Coke” or ASTM Method D 4239-85 or their latest revisions. Consult these ASTM standards for details of the required procedures.
8.2.1.b.1.F. Send a sealed and marked one pint sample of the laboratory sample representative of the gross sample, to the Secretary with the test report. If drying was used in reducing the gross sample to the laboratory sample, indicate the percent loss of moisture during this process. For each container provide the test identification number assigned by the West Virginia Department of Environmental Protection in accordance with subdivision 7.2.2 of Appendix 45-2 and the test run number.
8.2.1.b.2. For fuel oils: Determine the supplier’s name and address, and the specifications for the oil supplied. Use the supplier’s specifications when available for the ash content and Btu value of the oil. When such specifications are not available, determine the grade of oil fired, by referring to any Standard Engineering Handbook. As such the Handbook and appropriate edition should be properly identified, for inclusion as part of any results submitted to the agency for the ash, sulfur and Btu values. Send an eight ounce, sealed and marked, sample of the oil fired during the test to the Secretary with the test report.
8.2.1.b.3. For natural gas: Determine the supplier’s name and address, and the specification of the natural gas supplied. Use the supplier’s specification for the Btu value of the fuel. Ash may be considered negligible.
8.2.1.b.4. For other fuels: Determine the name and address of the supplier(s) or producer(s) of any other materials fired during the test run period. Determine the source(s) of the fuel(s). Use the supplier(s)’/producer(s)’ specifications for the ash, sulfur, and Btu value. When such specifications are not available, resolve with the Secretary or his designee, the method which shall be used to determine these values, prior to conducting the test. Submit an appropriate small sample of the fuel fired, if other than a gas, to the Secretary in a sealed and marked sample container.
8.3. Steam Balance Method (2H). This method requires a materials balance and inlet and outlet water/steam or other media pressure and temperature data during the test run period, for the boiler(s) of the fuel burning unit(s) vented by the test stack.
8.3.1. Measure the mass flow rate of all water/steam or other media flowing through each boiler, including blowdown.
8.3.2. Measure the inlet and outlet pressure and temperature of each water/steam circuit, including blowdown.
8.3.3. Construct a flow diagram of the water/steam or other media flow circuit(s) on Form THI-II (2H). Record the measured data on this form, indicating the data points on the diagram.
8.3.4. Determine the boiler manufacturer’s name and address, and the boiler type and model number. From the manufacturer’s specification, determine the boiler(s) thermal efficiencies. If such specifications are not available, describe in detail the basis and method of selecting the value used.
8.4. Flue Gas Analysis Method (3H).
8.4.1. This method involves determining the heat input for the boiler(s) of the fuel burning unit(s) vented by the test stack utilizing:
8.4.1.a. Appropriate F-factors as contained in 40 CFR, Part 60, Subpart D and 45CSR16; and
8.4.1.b. Total volume of stack gas discharged through the stack during the test run; and
8.4.1.c. The average excess air discharged [O2% or CO2%] through the test stack during the test run period.
8.4.2. Appropriate F-factors are to be obtained from 40 CFR, Part 60, Subpart D and 45CSR16, unless carbon content of fly ash or bottom ash exceeds 5 percent on a per weight basis. In these cases, consult the Secretary or his designee prior to conducting the test to determine and resolve a suitable F-factor adjustment.
8.4.3. Total Volume of Stack Gas. The total volume of stack gas is determined from:
8.4.3.a. Volume meter readings obtained during subject test run and recorded on Form TD: Test Run Data Sheet for each test run.
8.4.4. Stack Excess Air.
8.4.4.a. For low nitrogen content fuel(s) (coal, fuel oil, natural gas), the stack excess air can be computed from the data obtained from the Orsat analysis and recorded on Form TOA - Laboratory Data Sheet (Orsat) for each test run. If blast furnace gas, producer gas, or other fuel(s) of high nitrogen content are used, consult the Secretary or his designee prior to conducting the test to determine and resolve a suitable method of determining the excess air when such fuel(s) is burned.
Section 9. Computations and Data Analysis. This section prescribes the computational method to be used in computing the particulate matter stack emission rate for the test and evaluating the supporting test data. Perform the computations and analysis prescribed in this section for the data obtained from each test run which is to be part of the submitted test results. Record the measured data and the appropriate computations on the designated test report forms, which may be obtained from the Secretary upon request. Submit sufficient commentary with the test report data to fully describe the conditions under which the data was obtained and any factors which might affect the evaluation of the test results.
9.1. Particulate Matter Sample Weight Determination. (Form TLP - Laboratory Data Sheet (Particulate)).
9.1.1. Mf = particulate matter (grams) collected by the primary filter, including any prefilter if used
9.1.2. Ma = particulate matter (grams) obtained from the evaporation of the acetone washings of the internal sampling train surfaces exposed to the particulate sample prior to the primary filter
9.1.3. Ab = particulate matter residue (grams) in the volume (Va) of acetone wash used for Ma above, as determined by the acetone blank analysis [i.e., Ab = (Sd) (Va); where Sd equals the residue found in the acetone blank analysis in gm/ml, and Va equals the volume of acetone used in the acetone wash for Ma above]
9.1.4. Mn = Mf + Ma - Ab = the indicated weight of particulate matter collected, in grams
9.2. Moisture Determination. (Form TLH : Laboratory Data Sheet - Moisture; Forms TD; Test Run Data Sheet).
9.2.1. Record all measured and calculated data on the appropriate forms.
9.2.2. Compute and record the following:
9.2.2.a. Vm = (ft3) the sum of all ΔDGR for the run, where ΔDGR is equal to the indicated amount of gas sampled at each point during the extraction interval
9.2.2.b. Tm = (○F ) average temperature of the dry gas meter during the test run. Tm = average dry gas meter temperatures (○F ) at each sampling point.
9.2.2.c. Pm = (in. Hg) average absolute pressure at the dry gas meter during the test run. Pm = the average absolute pressure at the dry gas meter for each sample point, where Pm = Pb - Vac; Pb = barometric pressure, Vac = meter vacuum.
9.2.2.d. Wc = amount of water collected in condenser or impingers (grams)
9.2.2.e. Wd = amount of water collected by the drying agent used after the condenser or impingers (grams)
9.2.2.f. W = Wc + Wd (grams)
9.2.2.g. B = percent moisture in the sampled gas by volume on a wet basis, divided by 100 B= W/(((374* Pm * Vm)/Tm + 460)) + W)
9.2.2.h. w = moisture correction factor ratio of the volume of wet sample gas to the volume of dry sample gas W = 1/(1-B)
9.3. Sample Gas Density and Excess Air Determination. (Form TOA - Laboratory Data Sheet (Orsat)).
9.3.1. Gas Density.
9.3.1.a. Record the Orsat analysis for all three runs on Form TOA (Laboratory Data Sheet) on lines 1 through 9. Compute and record the average value of CO2, O2, CO and N2 for each run on line 10 or the value of these components of the composite sample, if obtained (optional), on line 11.
9.3.1.b. Transcribe the values of w (moisture correction factor) from Form TLH to Form TOA in blocks 12 for each run. Transcribe the values of B, the percent water (wet basis) from Form TLH to Form TOA in column 13, line 14, for each run.
9.3.1.c. Correct the average component volumetric percentages, dry basis (line 10), to volumetric fractions (wet basis), by dividing by 100w and enter these values on line 14 for each test run.
9.3.1.d. Multiply each of these volumetric fractions (wet basis - line 14) by the corresponding molecular weights on line 15 and enter the values on line 16.
9.3.1.e. Enter the sum of the values on line 16 for each run in the appropriate box on line 17, the apparent molecular weight of the wet gas (Mg).
9.3.1.f. Determine the wet gas density for each run by dividing the molecular weight for the run (on line 17) by the number 29 and enter this quotient in the appropriate box on line 18.
9.3.2. Excess Air. Compute and record the excess air fraction for each run using the average dry gas analysis from line 10 and the formula shown on line 20. Record excess air fraction (EA) in the appropriate box on line 19. Note: The excess air fraction equation present on line 20 of Form TOA is not applicable when producer gas, blast furnace gas or other fuels high in nitrogen content are used.
9.4. Actual Sample Gas Volume Determination. (Form TD : Test Run Data Sheet).
9.4.1. For each point sampled during the run compute the actual volume drawn through the sampling nozzle adjusted to standard conditions of 68 ○F and 29.92 inches of Hg as indicated below: qm = Actual sample volume (in cubic feet) drawn through the sampling nozzle for each sampled point adjusted to 68 ○F and 29.92 inches of Hg. qm = (ΔDGR)(w) * ((528/(Tm + 460)) * (Pm/29.92) ΔDGR, w, Tm, and Pm are defined in subsection 9.2 and are recorded on Form TD.
9.4.2. Record the computed values of qm for each sampled point on the appropriate line of the column labeled qm on Form TD. Sum the values of qm for all points included in the run and enter this value (Qm) in the block so labeled.
9.5. Isokinetic Sample Volume Determination. (Form TD: Test Run Data Sheet).
9.5.1. For each point samples during the run, compute the volume of sample gas (adjusted to 68○F and 29.92 inches of Hg) that would have been drawn through the sampling nozzle if isokinetic conditions were maintained, as indicated below: qo = Isokinetic sample volume, the volume of sampled gas (in cubic feet) for each sampled point, if isokinetic conditions were maintained, adjusted to standard conditions of 68 ○F and 29.92 inches of Hg. For conditions where static pressure in the duct or stack being tested is more than 20 in. H2O, consult with Secretary or his designee. qo = 60 * (528)(Fp)(An) * ((ΔH/ (Ts + 460))0.5 * Δt Fp = combined correction factor for units and Pitot tube deviation:
Standard tube = 2.90 (units) x 1.00 (deviation) = 2.90 Type S tube = 2.90 (units) x 0.83*(deviation) = 2.41 *Note: The deviation for the Type S tube may vary for different sampling configurations and should be determined by calibration against a standard pitot tube for each Pitobe arrangement per Method 2 of 40 CFR, Part 60, Appendix A and 45CSR16.
An = the cross-sectional area of the sampling nozzle in (ft2) ΔH = Pitot tube differential reading** in inches of H2 **Note: If the particular pitot tube differential indicator used is calibrated to give a reading of the square root of ΔH (√ΔH), change the heading of the “ΔH” column on Form TD to √ΔH and modify your computations for qo as appropriate.
Ts = Average stack gas temperature (in ○F) at each sampled point during the extraction time at that point. Δt = elapsed time at each sampling point (minutes)
9.5.2. Record the computed values of qo for each sampled point on the appropriate line of the column labeled qo on Form TD. Sum the values of qo for all points included in the run and enter this value (Qo) in the block so designated.
9.6. Fractional Isokinetic Rate Determination. (Form TD: Test Run Data Sheet).
9.6.1. For each point sampled during the run, compute the point isokinetic factor (ISKp), which indicates the average degree of deviation from isokinetic conditions during the sampling (extraction) time at that point. ISKp is computed as follows:
ISKp = the point isokinetic factor, the ratio of the actual sample volume to the isokinetic sample volume, both volumes adjusted to standard conditions of 68 ○F and 29.92 inches of Hg ISKp = (qm/qo) qm is defined in subsection 9.4 and qo is defined in subsection 9.5 of Appendix 45-2, both values are recorded for each point on Form TD.
9.6.2. Record the computed value of ISKp for each sampled point on the appropriate line of the column labeled ISKp on Form TD. The value of ISKp for each sampled point should not vary greatly from the overall isokinetic factor (ISKo).
9.6.3. For each run, compute the overall isokinetic factor (ISKo), which indicates the overall degree of deviation from isokinetic conditions during the run, and which is used in the weight emission rate computations of the next section. ISKo is computed as follows:
ISKo = the overall isokinetic factor, the ratio of the total actual sample volume to the total isokinetic sample volume, both volumes adjusted to standard conditions of 68 ○F and 29.92 inches of Hg.
ISKo = (Qm/Qo)
Qm is defined in subsection 9.4 and Qo is defined in subsection 9.5 of Appendix 45-2, both values are recorded for each run on Form TD.
9.6.4. Record the computed value of ISKo for each run in the block so designated on Form TD. If the value of ISKo is outside the range of 0.9 to 1.10, reject the run result.
9.6.5. Compute the value %ISK as follows: retain the sign and record on Form TR-II: Summary of Test Run Results. %ISK = 100(ISKo – 1)
9.7. Particulate Matter Emission Rate Determination. (Form TD: Test Run Data Sheet, Form TR-II: Summary of Test Run Results).
The particulate matter emission rate for each run is computed from the following equation:
M(P)n = (Mn/C) * (As/An) * (60/ Θ) * (1/ISKo)
M(P)n = the particulate matter emission rate (in pounds per hour) for the test run Mn = Mf + Ma - Ab indicated weight of particulate matter (in grams) collected by the sampling train.
C = 453.592 grams/pound As = the cross-sectional area of the sampling plane (ft2)
An = the cross-sectional area of the sampling nozzle (ft2) 60 = 60 minutes per hour Θ = the sum of all extraction times at all points sampled per run (the sum of Δt’s). The total sampling time, not including movement time from port to port.
ISKo = Qm/Qo = the overall isokinetic factor for the run. The ratio of total actual volume sampled to the total isokinetic volume, both values adjusted to 68 ○F and 29.92 inches of Hg on a wet basis.
The values of Mn, As, An, Θ and ISKo for each run are recorded on Form TD: Test Run Data Sheet.
Record the value of M(P)n for each test run on Form TR-II: Summary of Test Run Results.
9.8. If more than one sampling plane was required to evaluate the total stack emission rate, perform the computation specified in 9.7 of Appendix 45-2 for each sampling plane, then sum the values of M(P)n for all sampling planes used. Record the total emission rate for each run (all sampling planes) on Form TR-II as above, then compute the average stack emission rate for the test. Note the number and designations of the sampling planes used under comments. If more than one sampling train was used simultaneously to sample the required number of sampling points at one sampling plane, the values of Mn, Qm, and Qo are the sum total values for all the sampling trains used for the one sampling plane.
9.9. Heat Input Determinations. (Forms THI-II: Heat Input Data Sheets: Form TOA; Laboratory Data Sheet (Orsat); Form TR-II: Summary of Test Run Results).
9.9.1. This subsection prescribes 3 methods of computing the total heat input to the (similar) fuel burning unit(s) vented by the test stack: Method 1H, Fuel Use Basis, Method 2H, Steam Balance Basis, and Method 3H, Flue Gas Analysis Basis. Submit data and computations on the appropriate forms.
9.9.2. Summarize the results of the selected computational methods on Form TR-II: Summary of Test Run Results for each run. Record the type units tested (see definitions for type), the total number of similar units associated with the test run results, the two values of the total heat input for all the units associated with the test run results, as computed by the two selected methods, the total design heat input and the total maximum normal operating load for the units associated with the test result (see definitions for the heat input terms).
9.10. Method 1H - Fuel Use Basis.
9.10.1. From the data obtained in accordance with subsection 8.2, Heat Input Data Measurements, compute the heat input for each fuel burning unit for which this method is to be used, as follows: n HI = (60/ Θ) * ∑ ((Fi * HVi)/106 i=1 HI = Heat input per fuel burning unit(s) in 106 Btu per hour Fi = The quantity of each fuel fired in this fuel burning unit during the total test run period (Θ) in appropriate dimension units (e.g., pounds, gallons, SMCF)
HVi = The average Btu value of each fuel used, in appropriate dimensional units related to the Fi units (e.g., Btu/lb, Btu/gal, Btu/SMCF), on an as fired basis Θ = The total test run period in minutes. The sum of all extraction intervals (Δt) n = The number of different fuels fired in the fuel burning unit during the test run period Note: When more than one fuel burning unit is vented by the test stack, sum the individual heat input values for all units of the same type vented by the test stack to obtain the total heat input for the test.
9.10.2. Record the values used in the computations, and the results on Form THI-II (1H)
9.11. Method 2H - Steam Balance Basis.
9.11.1. From the data obtained in accordance with subsection 8.3 of Appendix 45-2, compute the heat input for each fuel burning unit for which this method is to be used, as follows:
HI = ((((mf * (ho – hi)) + (Mbd * hbd)))/(104 * BE))
HI = Heat input per fuel burning unit in 106 Btu per hour ho = Average enthalpy of steam/water or other media leaving the boiler of the fuel burning unit in Btu/lbm hi = Average enthalpy of steam/water or other media entering the boiler of the fuel burning unit in Btu/lb mf = Average mass flow rate of steam/water or other media through the boiler in lbm/hour Mbd = Average mass flow rate of blowdown in lbm/hour hbd = Average enthalpy of steam/water or other media leaving the boiler as blowdown in Btu/lbm BE = The boiler thermal efficiency (percent)
Note: The enthalpy values for the above equation can be determined from the inlet and outlet temperatures and pressures of the steam/water or other media flowing through the boiler using appropriate steam tables.
9.11.2. Record the steam flow, temperatures, pressures, and enthalpy values on the steam/water or other media circuit flow diagram required on Form THI-II (2H). Also record the necessary calculations and results on Form THI-II (2H) or attached sheet(s). Sum the heat input values of all fuel burning units of the same type vented by the test stack.
9.12. Method 3H - Flue Gas Analysis Basis:
9.12.1. From data obtained in accordance with subsection 8.4 of Appendix 45-2, compute the heat input for each fuel burning unit for which this method is to be used, as follows:
HI = ((mf * (ho – hi) + (Mbd * hbd))/(104 * BE)
HI = Heat input per fuel burning unit in 106 Btu per hour Vmstd = Volume of gas sample measured by the dry gas meter during run corrected to standard conditions of 68 ○F and 29.92 inches Hg.
As = Cross-sectional area of the sampling plane (ft2)
An = Cross-sectional area of the sampling nozzle (ft2) %O2 = Percent oxygen content by volume as taken from Orsat analysis on Form TOA F-factor = a factor representing a ration of the dry flue gases generated to the calorific value of the fuel combusted (dscf/106 Btu), See 40 CFR, Part 60, Subpart D and 45CSR16 Θ = Sum of all extraction time at all points sampled per run (minutes)
9.12.2. Record Vmstd, %O2, F-factor, and Θ on Form THI-II (3H). Record calculations.
Series 02A Testing Monitoring Recordkeeping And Reporting Requirements
W. Va. Code R. § 45-2A-1 General
1.1. Scope. -- Series 2A provides guidance and clarification for complying with the testing, monitoring, recordkeeping and reporting requirements of 45CSR2 - ATo Prevent and Control Particulate Air Pollution from Combustion of Fuel in Indirect Heat Exchangers@. This rule is an interpretive rule, not a legislative rule, as those terms are defined under W. Va. Code '29A-1-2.
1.2. Authority. -- W. Va. Code ''22-5-1 et seq. and WV 45CSR2.
1.3. Filing Date. -- February 13, 2001.
1.4. Effective Date. -- March 15, 2001.
W. Va. Code R. § 45-2A-2 Definitions
2.1. AAlternative fuel@ means a fuel other than pipeline quality natural gas, distillate oil, wood or coal.
2.2. AContinuous Opacity Monitoring System@ or ACOMS@ means an opacity monitor and associated system installed, calibrated, operated and maintained as specified in 40 CFR Part 60, Appendix B, Performance Specification 1 (PS1) and 40 CFR Part 60, Appendix F or as specified in 40 CFR Part 75.
2.3. AExcursion@ means: (1) measured emissions exceeding the applicable standards set forth in sections 3 and 4 of 45CSR2; or (2) operating parameters outside the range set forth in an approved monitoring plan, which may or may not result in measured emissions exceeding the applicable standards set forth in section 3 of 45 CSR2.
2.4. AMethod 9 readings@ means visible emissions tests conducted in accordance with 40 CFR Part 60, Appendix A, Method 9.
2.5. ASimultaneous@ means that all compliance test runs for all similar fuel burning units at the plant are conducted within a seven (7) day period.
2.6. "Testing Cycle" means the frequency at which a fuel burning unit(s) is required to perform testing.
2.6.a. Cycle '1' means that testing shall be performed within twelve (12) months from the date of the previous test, but no earlier than six (6) months from the date of the previous test.
2.6.b. Cycle '2' means that testing shall be performed within twenty-four (24) months from the date of the previous test, but no earlier than twelve (12) months from the date of the previous test.
2.6.c. Cycle '3' means that testing shall be performed within thirty-six (36) months from the date of the previous test, but no earlier than eighteen (18) months from the date of the previous test.
2.7. Other words and phrases used in this rule, unless otherwise indicated, shall have the meaning ascribed to them in WV CSR '45-2-2 or W. Va. '' 22-5-1 et seq.
W. Va. Code R. § 45-2A-3 Applicability
3.1. This rule applies to any fuel burning unit(s) having a design heat input (DHI) over ten (10) million BTU/hr (mmBTU), except as follows:
3.1.a. The owner or operator of a fuel burning unit(s) which combusts only natural gas shall be exempt from sections 5 and 6. The Director reserves the right to require testing pursuant to subdivisions 8.1.b and 8.1.c. of 45CSR2.
3.1.b. The owner or operator of a fuel burning unit(s) with a DHI of less than 100 mmBTU/hr shall be exempt from the periodic testing requirements of section 5, and the monitoring requirements of section 6. The Director reserves the right to require testing pursuant to subdivisions 8.1.b. and 8.1.c. of 45CSR2.
W. Va. Code R. § 45-2A-4 Registration of Allowable Emission Rates for Individual Stacks
4.1. The owner or operator shall conduct periodic simultaneous weight emission tests of all similar fuel burning units at each source, except where the owner or operator registers allowable emission rates for individual stacks in accordance with subsection 4.2 of this rule. The frequency and performance of periodic simultaneous weight emission tests shall conform to the provisions of subsection 5.2.
4.2. In accordance with subsection 4.2 of 45CSR2, the owner or operator may register an allowable emission rate for each individual stack, in pounds per hour, determined as provided in Appendix B.
W. Va. Code R. § 45-2A-5 Testing Requirements
5.1. Visible Emission Testing.
5.1.a. The owner or operator shall periodically conduct or have conducted, visible emission tests to determine the compliance of each stack with the visual emission standard set forth in section 3 of 45CSR2. Visible emission tests shall be conducted in accordance with 40 CFR Part 60, Appendix A, Method 9 (Method 9), or with COMS. Method 9 visible emission tests shall be conducted at a frequency established in the approved monitoring plan specified in subsection 6.3 and shall also be conducted in conjunction with all weight emission testing.
5.2. Weight Emission Testing.
5.2.a. The owner or operator shall periodically conduct or have conducted, weight emission tests to determine the compliance of each fuel stack with the weight emission standards set forth in section 4 of 45CSR2. Weight emission tests shall be conducted in accordance with 45CSR2 Appendix ACompliance Test Procedures for 45CSR2" or other equivalent EPA approved method approved by the Director. The baseline compliance test shall be conducted within a time period starting twelve (12) months prior to and ending twelve (12) months after the effective date of this interpretive rule for existing fuel burning unit(s) and within one hundred eighty (180) days of start-up for new fuel burning unit(s). The weight emission test results of the baseline test shall establish the weight emission testing cycle to be used for subsequent testing. Weight emission tests shall be conducted at a frequency established in the following tables:
Baseline Weight Emission Test Results Resulting Testing Cycle 50% of weight emission standard between 50% and 80% of weight emission standard 80% of weight emission standard Testing Cycle Test Results Retesting Cycle After three successive tests indicate mass emission rates 50% of weight emission standard After two successive tests indicate mass emission rates < 80% of weight emission standard Any test indicates a mass emission rate 80% of weight emission standard After two successive tests indicate mass emission rates 50% of weight emission standard Any test indicates a mass emission rate < 80% of weight emission standard Any test indicates a weight emission rates 80% of weight emission standard Testing Cycle Test Results Retesting Cycle Any test indicates a mass emission rate 50% of weight emission standard Any test indicates a mass emission rate between 50% and 80% of weight emission standard Any test indicates a mass emission rate 80% of weight emission standard
5.3. The Director reserves the right to require testing pursuant to subdivisions 8.1.b and 8.1.c. of 45CSR2.
W. Va. Code R. § 45-2A-6 Visible Emission Monitoring Plan Requirements
6.1. The owner or operator of a fuel burning unit(s)shall submit to the Director for approval a monitoring plan that describes the method the owner or operator will use to monitor compliance with the visible emission standard set forth in section 3 of 45CSR2. The owner or operator of a fuel burning unit may use a COMS, which shall be deemed to satisfy all of the requirements of an approved monitoring plan, or a monitoring plan as specified in subsection 6.3, in accordance with the provisions of this section.
6.1.a. Monitoring plans shall be submitted to the Director for approval no later than February 28, 2001, as specified in paragraph 8.2.a.2 of 45CSR2.
6.1.b. Approval or denial of such plans shall be issued no later than August 31, 2001, or 6 months after submittal, whichever is later, as specified in paragraph 8.2.a.2 of 45CSR2, provided that the owner or operator may presume approval of a monitoring plan if the Director has neither approved nor denied the plan by the date specified in this subdivision.
6.1.c. Monitoring plans shall become effective upon approval.
6.2. COMS Based Monitoring Plan.
6.2.a. The owner or operator of a fuel burning unit(s) with a DHI of 250 mmBTU/hr or greater shall use a COMS to satisfy the requirements of an approved monitoring plan, except where:
6.2.a.1. The source is able to demonstrate compliance with the applicable particulate matter and opacity standards without utilization of particulate matter control equipment. Such demonstration may include, but not be limited to, Method 9 readings, stack test data, AP-42 calculations, or other data as approved by the Director.
6.2.b. The Director may exempt a source from the requirements of subdivision 6.2.a if the Director determines that the installation of a COMS would not provide an accurate determination of emissions or that the installation of a COMS may not be implemented by a source due to physical source limitations or to extreme economic reasons. The Director shall require such an exempted source to fulfill alternative emission monitoring and reporting requirements.
6.2.c. COMS, if required, shall be installed, operational and certified within twelve (12) months of the date of monitoring plan approval.
6.3. Non-COMS Based Monitoring Plan.
6.3.a. For sources not utilizing COMS as the method of monitoring compliance with the opacity limit, the approved monitoring plan shall contain at a minimum the following requirements:
6.3.a.1. Provisions to take Method 9 readings a minimum of once per month per stack during months when the source operated at normal conditions for at least twenty-four (24) consecutive hours and weather/lighting conditions were conducive to taking proper Method 9 readings;
6.3.a.2. a list of operating parameters to be monitored;
6.3.a.3. the monitoring method and frequency for each operating parameter to be monitored;
6.3.a.4. the nominal range for each operating parameter to be monitored;
6.3.a.5. an explanation of how the operating parameters to be monitored were chosen, and how they are indicative of compliance;
6.3.a.6. an explanation of how the nominal ranges were established;
6.3.a.7. a schedule for installation and operation of any additional monitoring equipment to be installed for purposes of complying with this rule; and
6.3.a.8. a response plan to be implemented during excursions which shall include, but not be limited to, the following:
6.3.a.8.A. for excursions of any operating parameter exceeding one hour, the owner or operator shall perform Method 9 readings for a minimum of six (6) minutes for each hour during the excursion. Such Method 9 readings shall continue each hour until four (4) successive six-minute observations demonstrate compliance.
6.4. In addition to other actions taken by the Director, the Director may require the monitoring plan to be revised when the Director has reason to believe that the nominal ranges established for operating parameters in the monitoring plan are no longer indicative of compliance or when the Director has reason to believe that excursions are excessive.
6.5. Notwithstanding any other provisions of this rule, the Director reserves the right to require the installation of COMS pursuant to subsection 3.2 of 45CSR2, in any case where the Director deems it necessary to determine compliance with the standards in 45CSR2.
W. Va. Code R. § 45-2A-7 Recordkeeping and Reporting Requirements
7.1. Recordkeeping.
7.1.a. The owner or operator of a fuel burning unit(s) shall maintain records of the operating schedule, and the quality and quantity of fuel burned in each fuel burning unit as specified in paragraphs 7.1.a.1 through 7.1.a.6, as applicable.
7.1.a.1. For fuel burning unit(s) which burn only pipeline quality natural gas, such records shall include, but not be limited to, the date and time of start-up and shutdown, and the quantity of fuel consumed on a monthly basis.
7.1.a.2. For fuel burning unit(s) which burn only distillate oil, such records shall include, but not be limited to, the date and time of start-up and shutdown, the quantity of fuel consumed on a monthly basis and a BTU analysis for each shipment.
7.1.a.3. For fuel burning unit(s) which burn only wood, such records shall include, but not be limited to, the date and time of start-up and shutdown, the quantity of fuel consumed on a daily basis and a quarterly ash and BTU analysis.
7.1.a.4. For fuel burning unit(s) which burn only coal, such records shall include, but not be limited to, the date and time of start-up and shutdown, the quantity of fuel consumed on a daily basis and an ash and BTU analysis for each shipment.
7.1.a.5. For fuel burning unit(s) which burn an alternative fuel(s), such records shall include, but not be limited to, the date and time of start-up and shutdown, and fuel quality analysis as approved by the Director.
7.1.a.6. For fuel burning unit(s) which burn a combination of fuels, the owner or operator shall comply with the applicable recordkeeping requirements of paragraph 7.1.a.1 through paragraph 7.1.a.5. for each fuel burned.
7.1.b. Records of all required monitoring data and support information shall be maintained on-site for a period of at least five (5) years from the date of monitoring, sampling, measurement or reporting. Support information includes all calibration and maintenance records and all strip chart recordings for continuous monitoring instrumentation, and copies of all required reports.
7.2. Exception Reporting.
7.2.a. With respect to excursions associated with measured emissions under Section 4 of 45CSR2, compliance with the reporting and testing requirements under the Appendix to 45CSR2 shall fulfill the requirement for a periodic exception report under subdivision 8.3.b of 45CSR2.
7.2.b. COMS Based Monitoring - In accordance with the provisions of this subdivision, each owner or operator employing COMS as the method of monitoring compliance with opacity limits shall submit a ACOMS Summary Report@ and/or an AExcursion and COMS Monitoring System Performance Report@ to the Director on a quarterly basis; the Director may, on a case-by-case basis, require more frequent reporting if the Director deems it necessary to accurately assess the compliance status of the fuel burning unit(s). All reports shall be postmarked by the thirtieth (30th) day following the end of each calendar quarter. The COMS Summary Report shall contain the information and be in the format shown in Appendix A unless otherwise specified by the Director.
7.2.b.1. If the total duration of excursions for the reporting period is less than one percent (1%) of the total operating time for the reporting period and monitoring system downtime for the reporting period is less than five percent (5%) of the total operating time for the reporting period, the COMS Summary Report shall be submitted to the Director; the Excursion and COMS Monitoring System Performance report shall be maintained on-site and shall be submitted to the Director upon request.
7.2.b.2. If the total duration of excursions for the reporting period is one percent (1%) or greater of the total operating time for the reporting period or the total monitoring system downtime for the reporting period is five percent (5%) or greater of the total operating time for the reporting period, the COMS Summary Report and the Excursion and COMS Monitoring System Performance Report shall both be submitted to the Director.
7.2.b.3. The Excursion and COMS Monitoring System Performance Report shall be in a format approved by the Director and shall include, but not be limited to, the following information:
7.2.b.3.A. The magnitude of each excursion, and the date and time, including starting and ending times, of each excursion;
7.2.b.3.B. Specific identification of each excursion that occurs during start-ups, shutdowns, and malfunctions of the facility;
7.2.b.3.C. The nature and cause of any excursion (if known), and the corrective action taken and preventative measures adopted (if any);
7.2.b.3.D. The date and time identifying each period during which quality- controlled monitoring data was unavailable, except for zero and span checks, and the reason for data unavailability and the nature of the repairs or adjustments to the monitoring system; and
7.2.b.3.E. When no excursions have occurred or there were no periods of quality-controlled data unavailability, and no monitoring systems were inoperative, repaired, or adjusted, such information shall be stated in the report.
7.2.c. Non-COMS Based Monitoring - Each owner or operator employing non-COMS based monitoring shall submit a AMonitoring Summary Report@ and/or an AExcursion and Monitoring Plan Performance Report@ to the Director on a quarterly basis; the Director may, on a case-by-case basis, require more frequent reporting if the Director deems it necessary to accurately assess the compliance status of the fuel burning unit(s). All reports shall be postmarked by the thirtieth (30th) day following the end of each calendar quarter. The Monitoring Summary Report shall be in a format approved by the Director.
7.2.c.1. If the total number of excursions for the reporting period is less than one percent (1%) of the total number of readings for the reporting period and the number of readings missing for the reporting period is less than five percent (5%) of the total number of readings agreed upon in the monitoring plan for the reporting period, the Monitoring Summary Report shall be submitted to the Director; the Excursion and Monitoring System Performance report shall be maintained on-site and shall be submitted to the Director upon request.
7.2.c.2. If the number of excursions for the reporting period is one percent (1%) or greater of the total number of readings for the reporting period or the number of readings missing for the reporting period is five percent (5%) or greater of the total number of readings agreed upon in the monitoring plan for the reporting period, the Monitoring Summary Report and the Excursion and Monitoring Plan Performance Report shall both be submitted to the Director.
7.2.c.3. The Excursion and Monitoring Plan Performance Report shall be in a format approved by the Director and shall include, but not be limited to, the following information:
7.2.c.3.A. The magnitude of each excursion, and the date and time, including starting and ending times, of each excursion;
7.2.c.3.B. Specific identification of each excursion that occurs during start-ups, shutdowns, and malfunctions of the facility;
7.2.c.3.C. The nature and cause of any excursion (if known), and the corrective action taken and preventative measures adopted (if any);
7.2.c.3.D. The date and time identifying each period during when data is unavailable, and the reason for data unavailability and the corrective action taken; and
7.2.c.3.E. When no excursions have occurred or there were no periods of data unavailability, such information shall be stated in the report.
7.2.d. To the extent that an excursion is due to a malfunction, the reporting requirements in section 9 of 45CSR2 shall be followed.
Appendix A - COMS Summary Report Reporting Period: Calendar Quarter to Monitor Manufacturer:
Model Number:
Date of Last Certification or Audit:
Process Unit(s) Description:
Pollutant Opacity Company Emission Limitation
Regulation Limit Units Period 45 CSR 2 % 6 minute average Total Source Operating Time Please Note:
-
Separate Summary Reports are required for each boiler in the system when it has separate monitoring equipment.
-
Total source operating time means the total time which the affected source is operating, including all periods of start-up, shut-down, malfunction, soot blowing or COMS downtime as those times are defined under the rule.
-
All times for opacity are to be reported in minutes.
-
On a separate page describe any changes since the last reporting period to the COMS process or controls.
-
Other reports may be necessary to meet requirements.
COMS Performance Summary 1.
COMS Downtime in reporting period due to:
a. Monitor Equipment Malfunction b. Other Equipment Malfunction c. Quality Assurance Calibration d. Other Known Causes e. Unknown Causes 2.
Total COMS Downtime 3.
Percent COMS Downtime % % Downtime = 100 8 (Total COMS Downtime / Total Source Operating Time)
Emissions Data Summary 1. Duration of excess emissions in reporting period due to:
a. Start/up b. Soot Blowing c. Malfunctions due to Control Equipment Problems d. Malfunctions due to Process Problems e. Other Known Causes f. Unknown Causes 2. Total Duration 3. Percent Excess Emissions % % Excess Emissions = 100 * (Total Duration / Total source Operating Time)
Appendix B - Registration Table 1 - Sum of Design Heat Inputs for Similar Units Type >a= Type >b= Type >c= (A)
Unit ID (B)
DHI (mmBTU/hr)
(C)
Unit ID (D)
DHI (mmBTU/hr)
(E)
Unit ID (F)
DHI (mmBTU/hr)
Sum of DHI for all Type >a= units Sum of DHI for all Type >b= units Sum of DHI for all Type >c= units Table 2 - Weight Emission Limits for Similar Units (A)
(B)
Total Design Heat Input (mmBTU/hr)
(C)
Factor from 45CSR2, Subsection 4.1 (lb/mmBTU)
(D)
Weight Emission Rate (lb/hr)1,2 Sum of DHI for all Type >a= units .05 Sum of DHI for all Type >b= units .09 Sum of DHI for all Type >c= units N/A, look up lb/hr limit in 45CSR2, Table 45-2 1 If the calculated weight emission limit for Type >a= units is greater than 1200 lbs/hr, then 1200 lbs/hr is the limit. 2 If the calculated weight emission limit for Type >b= units is greater than 600 lbs/hr, then 600 lbs/hr is the limit.
Table 3 - Registration of Standard Individual Stack Emission Rates (A)
Stack ID (B)
Sum of DHI for all units venting thru stack (mmBTU/hr)
(C)
Sum of DHI for all Similar Units (Table 2, Column B)
(mmBTU)
(D)
Wt. Emission Rate for all Similar Units (Table 2, ColumnD)
(mmBTU)
(E)
Stack Emission Rate (lb/hr)
[(B/C) * D = E]
Stack Allowable Emission Rate (lb/hr)
In Table 4 below, the owner or operator may register individual stack allowable emission rates, differing from those calculated above, as provided for in 45CSR2, subsection 4.2.
Table 4 - Registration of Alternative Stack Emission Rates (A)
Stack ID (B)
Identify each unit venting thru stack (C)
Alternative Stack Emission Rate (lb/hr)
Sum of Alternative Stack Emission Rates (lb/hr)1 1 The sum of the Alternative Stack Emission Rates for similar units shall not exceed the Weight Emission Rates for all Similar Units in Table 2, Column D.
45CSR2A
45CSR2A
45CSR2A
Series 03 To Prevent and Control Air Pollution from the Operation of Hot Mix Asphalt Plants
W. Va. Code R. § 45-3-1 General
1.1. Scope. -- This rule establishes emission limitations for hot mix asphalt plants and the plant property and sets forth the permitting, recordkeeping, reporting, and exemption requirements.
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.
W. Va. Code R. § 45-3-2 Definitions
2.1. "Air Pollution", “statutory air pollution” shall have the meaning ascribed to it in W. Va. Code §22-5-2.
2.2. "Air Pollution Control Equipment" is defined as:
2.2.1. "Primary Collection" -- is that equipment including, but not limited to, cyclones or multicyclones incorporated for the collection of fine particulate matter generated and emitted principally from the drying operation and from which all collected material may or may not be reinjected into the main aggregate flow.
2.2.2. "Secondary Collection" -- is that equipment including, but not limited to, multicyclones, scrubbers, bag filters and electrostatic precipitators, incorporated for the collection of that particulate matter not collected by the primary collection equipment and from which such collected material may or may not be reinjected into the main aggregate flow.
2.3. “Alternative Emission Limitation” means an emission limitation that applies to a source during some but not all periods of normal operation (e.g., applies only during a specifically defined mode of operation such as startup or shutdown). An alternative emission limitation is a component of a continuously applicable emission limitation, and it may take the form of a control measure such as a design, equipment, work practice or operational standard (whether or not numerical).
2.4. "Fuel" means any gaseous, liquid or solid substance or any combination thereof burned in fuel burning equipment.
2.5. "Fuel Burning Equipment" means and includes any chamber, apparatus, device, mechanism, stack or structure used in the process of burning fuel or other combustible material for the primary purpose of producing heat for direct heat transfer as applied to a hot mix asphalt plant excluding internal combustion engines.
2.6. "Fugitive Particulate Matter" means any particulate matter generated by the operation of a hot mix asphalt plant which, if not confined, would be emitted directly to the atmosphere from points other than a stack outlet.
2.7. “General Permit” means a general permit issued pursuant to 45CSR13.
2.8. “Malfunction” means a sudden and unavoidable breakdown of process or control equipment.
2.9. "Opacity" means the degree to which smoke and/or particulate matter emissions reduce the transmission of light and obscure the view of an object in the background.
2.10. “Operating Permit” means a general permit issued pursuant to 45CSR13 or a permit issued pursuant to 45CSR30, or section 5 of this rule.
2.11. "Particulate Matter" means any material, except uncombined water, that exists in a finely divided form as a liquid or solid.
2.12. "Particulate Matter Capture System" means any equipment or method used to confine, collect and transport particulate matter from elevators, screens, mixers, weighing equipment, bins and other plant components to air pollution control equipment. Particulate matter capture systems shall include, but not be limited to, hoods, bins, ductwork, enclosures and fans.
2.13. "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.
2.14. "Plant" or “Hot Mix Asphalt Plant” means a hot mix asphalt plant which shall mean and include all the equipment utilized in the manufacture of asphaltic hot mix concrete, including, but not limited to, burner(s), drier(s), elevators, screens, mixer(s), weighing equipment, bins, and air pollution control equipment.
2.15. “Secretary” means the Secretary of the Department of Environmental Protection or such other person to whom the Secretary has delegated authority or duties pursuant to W.Va. Code §§22-1-6 or 22-1-8.
2.16. “Shutdown” means the cessation of operation of a plant subject to this rule for any purpose, unless defined otherwise in a permit issued to create an alternative emission limitation.
2.17. "Smoke" means small gasborne and airborne particles arising from a process of combustion in sufficient numbers to be visible.
2.18. "Standard Conditions" for the purpose of this rule means a temperature of 68◦ F, 20◦ C and a pressure of 29.92 inches of mercury (760 mm of Hg).
2.19. “Startup” means the setting in operation of a plant subject to this rule for any purpose, unless defined otherwise in a permit issued to create an alternative emission limitation.
2.20. 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.
W. Va. Code R. § 45-3-3 Emission of Smoke and/or Particulate Matter Prohibited and Standards of Measurement - Visible
3.1. No person shall cause, suffer, allow or permit emission of smoke and/or particulate matter into the open air from any fuel burning equipment which is 20% opacity or greater based on six minute averages using 40 CFR Part 60, Appendix A, Method 9, and 45CSR16 or other equivalent EPA approved method as approved by the Secretary.
3.2. Reserved.
3.3. Any owner or operator that cannot comply with the emission limitation required by section 3.1 during periods of startup or shutdown shall request an alternative emission limitation pursuant to 45CSR1.
3.4. Where the Secretary believes that startups and shutdowns are excessive in duration and/or frequency, the Secretary may require an owner or operator to provide a written report demonstrating that such frequent start-ups and shutdowns are necessary.
W. Va. Code R. § 45-3-4 Emission of Smoke and/or Particulate Matter Prohibited and Standards of Measurement - Weight Emissions
4.1. For those plants placed in operation after June 11, 1973 or that have since been modified to cause such plant to be regulated pursuant to 40 CFR Part 60, Subpart I and 45CSR16, no person shall cause, suffer, allow or permit total particulate matter emissions to be discharged into the open air from such plant in excess of 0.04 grains per dry standard cubic foot.
4.2. For those plants not subject to 40 CFR Part 60, Subpart I and 45CSR16, no person shall cause, suffer, allow or permit particulate matter emissions from a plant into the open air in excess of the quantity as listed in Table 45-3:
TABLE 45-3
Aggregate Process Rate Stack Emission Rate (Pounds Per Hour)
(Pounds Per Hour) 10,000 20,000 30,000 40,000 100,000 200,000 300,000 400,000 500,000 600,000
4.2.1. For a process weight between any two consecutive process weights stated in Table 45-3, the emission limitation shall be determined by interpolation.
4.3. No person shall cause, suffer, allow or permit total particulate matter emissions to be discharged into the open air from any stack of a plant located in the following counties and magisterial districts in excess of 0.04 grains per dry standard cubic feet.
4.3.1. Counties -- Brooke, Hancock, Ohio, Marshall and Kanawha.
4.3.2. Magisterial Districts -- Valley (Fayette County), Scott and Pocatalico (Putnam County), Tygart (Wood County), Union and Winfield (Marion County, west of Interstate I-79).
4.4. In the case of more than one stack to a hot mix asphalt plant, the emission limitation of subsection 4.2 of this section will be based on the total emission from all stacks.
4.5. No person shall cause, suffer, allow or permit a plant to operate that is not equipped with a particulate matter capture system. This system shall be designed, operated and maintained in such a manner as to prevent the emission of particulate matter from any point other than a stack outlet.
4.6. The owner or operator of the plant shall maintain control of fugitive particulate matter on the plant premises and plant owned, leased or controlled access roads by paving, chemical treatment or other suitable measures. Good operating practices shall be observed in relation to the stockpiling, screen changing and general maintenance to prevent fugitive particulate matter generation and atmospheric entrainment. Good operating practices, including water spraying or other suitable measures, shall be employed to minimize fugitive particulate matter generation and atmospheric entrainment when hot bins are pulled.
W. Va. Code R. § 45-3-5 Permits
5.1. No person shall construct, modify or relocate a hot mix asphalt plant without first obtaining any permit(s) required by 45CSR13, 45CSR14 or 45CSR19.
5.2. No person shall operate a hot mix asphalt plant without first obtaining an operating permit. The possession of an operating permit issued pursuant to 45CSR30 or a general permit issued pursuant to 45CSR13 will satisfy the requirements of this subsection.
5.3. Applications for permits shall be made upon forms available from the Secretary and shall include such information as in the judgement of the Secretary will enable him or her to determine whether such source(s) will be so designed as to operate in conformance with the provisions of this rule and other applicable rules, the W. Va. Code §22-1-1 et seq., and will not cause or contribute to the violation of applicable ambient air quality standards.
5.4. An operating permit, issued pursuant to this rule, will be granted for plants provided they meet and maintain the requirements as set forth in this rule. These permits will be valid for 1 calendar year and must be renewed annually. Any person failing to maintain the requirements of this rule shall, at the discretion of the Secretary, have their operating permit revoked.
5.5. When operating permits are revoked, the Secretary will consider reissuing permits when such changes as necessary to meet the requirements of this rule are made by the owner or operator of the plants.
5.6. Plants operating without all applicable permits will be in violation of this rule.
W. Va. Code R. § 45-3-6 Reports and Testing
6.1. At such reasonable times as the Secretary may designate, the owner or operator of any hot mix asphalt plant may be required to conduct or have conducted stack tests to determine the particulate matter concentration in exhaust gases. Such tests shall be conducted in accordance with 40 CFR Part 60, Appendix A, Method 5 and 45CSR16 or other equivalent EPA approved method approved by the Secretary.
6.1.1. All such tests shall be conducted under such reasonable operating conditions as the Secretary may specify. The Secretary may at his option witness or conduct such stack tests. Should the Secretary exercise his option to conduct such tests, the operator will provide all the necessary sampling connections and sampling ports to be located in such manner as the Secretary may require, power for test equipment and the required safety equipment such as scaffolding, railings and ladders to comply with generally accepted good safety practices.
6.2. At such time as the Secretary may request, the operator of the plant will submit data, including, but not limited to, on type, sizing and quantity of the aggregate used and the hours of operation.
6.3. Any stack serving a hot mix asphalt plant shall contain flow straightening devices or a vertical run of sufficient length to establish flow patterns consistent with acceptable stack sampling procedures.
W. Va. Code R. § 45-3-7 Reserved
W. Va. Code R. § 45-3-8 Circumvention
8.1. No owner or operator subject to the provisions of this rule shall build, erect, install or use any article, machine, equipment or process, the use of which purposely conceals an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or with a standard which is based on the concentration of a pollutant in the gases discharged to the atmosphere.
W. Va. Code R. § 45-3-9 Inconsistency Between Rules
9.1. In the event of any inconsistency between this rule and any other rule of the West Virginia Division of Air Quality, such inconsistency shall be resolved by the determination of the Secretary and such determination shall be based upon the application of the more stringent provision, term, condition, method or rule.
W. Va. Code R. § 45-3-10 Disposition of Rule; Severability
10.1. 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.
10.2. 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.
10.3. 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.
10.4. 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 requirement § 45-3-3.3 and revert to the August 31, 2000 requirements found at §§ 45-3-3.2 and -7.1.
Series 04 To Prevent And Control The Discharge Of Air Pollutants Into The Open Air Which Causes Or Contributes To an Objectionable Odor Or Odors
W. Va. Code R. § 45-4-1 General. 1.1 Scope. -- Series 4 is designed to prevent and control the discharge of pollutants into the open air which causes or contributes to an objectionable odor or odors
1.2. Authority. -- W. Va. Code '22-5-1 et seq.
1.3. Filing Date. -- August 28, 1967.
1.4. Effective Date. -- October 1, 1967.
W. Va. Code R. § 45-4-2 Definitions
2.1. "Air pollutants" means solids, liquids, or gases which, if discharged into the air, will result in a statutory air pollution.
2.2. "Air pollution", 'statutory air pollution' shall have the meaning ascribed to it in W. Va. Code '22-5-2.
2.3. [Reserved]
2.4. "Person" means any and all persons, natural or artificial, including any municipal, public or private corporation organized or existing under the laws of this or any other state or county, and any firm, partnership, or association of whatever nature.
2.5. "Odor" means a sensation resulting from stimulation of the human sense of smell.
2.6. "Objectionable Odor" means in addition to odors generally recognized as being objectionable, an odor shall be deemed objectionable when in the opinion of a duly authorized representative of the Director, based upon his investigations or his investigations and complaints, such odor is objectionable.
2.7. "Duly Authorized Representative" means the Director or such other agent or employee of the Director who by virtue of special training and/or experience is qualified to make determinations relative to this rule.
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.
W. Va. Code R. § 45-4-3 Objectionable Odor Prohibited
3.1. No person shall cause, suffer, allow or permit the discharge of air pollutants which cause or contribute to an objectionable odor at any location occupied by the public.
3.2. The Barnebey-Cheney Scentometer or any other instrument, device, or technique designated by the Director may be used as a guide in the enforcement of the rule and may be used in the determination of the objectionability of an odor.
W. Va. Code R. § 45-4-4 Accidental and Other Infrequent Emissions, Reporting
4.1. Accidental and other infrequent discharges which cause or contribute to objectionable odors will be considered on an individual basis and shall be reported by the person responsible therefore to the Director in the manner to be prescribed by the Director.
W. Va. Code R. § 45-4-5 Notice of Violation
5.1. No person shall be considered in violation of this rule unless notified that he is discharging an air pollutant or air pollutants which causes or contributes to an objectionable odor.
5.2. Notification as herein required shall be by registered or certified letter of notice sent to the person at his last known address which notice shall set forth the nature of the violation and require such person to submit a control program within such reasonable time as the Director shall specify.
5.3. The provisions of this section shall not apply to persons operating a control program approved pursuant to Section 6 of this rule.
W. Va. Code R. § 45-4-6 Variance
6.1. When a process or operation results in the discharge of an air pollutant or pollutants which causes or contributes to an objectionable odor, an acceptable control program shall be developed and offered to the Director by the person responsible for the discharge of such air pollutant or pollutants. This control program shall be submitted in the manner prescribed by the Director and within such time as shall be fixed by the Director. If such a control program has been approved by the Director by the issuance of a variance, the person responsible for said discharge shall not be considered to be in violation of this rule in connection with said discharge so long as the program is observed.
6.2. The Director may permit, under emergency circumstances, the discharge of air pollutants which causes or contributes to an objectionable odor under specific conditions for specific time periods. Any person who desires such a variance shall make application to the Director in the manner prescribed by the Director.
W. Va. Code R. § 45-4-7 Exemptions
7.1. This rule shall not apply to the following sources of objectionable odor until such time as feasible control methods are developed:
7.1.a. Internal combustion engines.
7.1.b. Normal and necessary operations associated with the production of agricultural products grown on the premises or livestock, dogs, cats, and poultry grown on the premises.
45CSR4
Series 05 To Prevent and Control Air Pollution from the Operation of Coal Preparation Plants, Coal Handling Operations and Coal Refuse Disposal Areas
W. Va. Code R. § 45-5-1 General
1.1. Scope. -- This rule establishes emission standards for particulate matter from the operation of coal preparation plants, coal handling operations and coal refuse disposal areas and sets forth permitting, monitoring, testing, recordkeeping and reporting requirements.
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.
W. Va. Code R. § 45-5-2 Definitions
2.1. "Air Pollution," “statutory air pollution” shall have the meaning ascribed to it in W. Va. Code §22-5-2.
2.2. "Air Pollution Control Equipment" means any equipment used for collecting gasborne particulate matter for the purpose of preventing or reducing particulate matter emissions into the open air.
2.3. "Air Table" means a device using a gaseous separating media for the primary purpose of improving the product quality.
2.4. “Alternative Emission Limitation” means an emission limitation that applies to a source during some but not all periods of normal operation (e.g., applies only during a specifically defined mode of operation such as startup or shutdown). An alternative emission limitation is a component of a continuously applicable emission limitation, and it may take the form of a control measure such as a design, equipment, work practice or operational standard (whether or not numerical).
2.5. "Coal Preparation Plant" means and includes any facility (excluding underground mining operations) that prepares coal by one or more of the following processes: screening, breaking, crushing, wet or dry cleaning and thermal drying, and further such definition of a coal preparation plant shall include all coal handling operations associated with the processes described above, but shall not include:
2.5.1. Any facility that is designed to process less than 200 tons of coal per day;
2.5.2. Any facility or equipment subject to the requirements of 45CSR2, 45CSR3, 45CSR7; or
2.5.3. Any facility which would be defined as a coal preparation plant solely because it incorporates a stationary grizzly or scalping screen to separate oversized refuse from coal.
2.6. “Coal Refuse” means any combination of carbonaceous waste with rock, shale, culm boney, slate, clay and related materials associated with or near a coal seam, which are either brought above ground or otherwise removed from the mine in the process of mining coal, or which are separated from coal during the cleaning or preparation operations: Provided that coal refuse shall not mean overburden from strip-mining operations or incombustible materials from mine shafts and mine tunnels.
2.7. “Coal Refuse Disposal Area” means any area or plot of land which is used as a place for dumping, storage or disposal of coal refuse. A coal refuse pile must be contained in a single coal refuse disposal area; however, a coal refuse disposal area may contain 2 or more coal refuse piles if the area is so designated.
2.8. “Coal Refuse Pile” means any deposit of coal refuse on the surface which is intended as a permanent disposal of or long-term storage of such material. Continuous deposits of coal refuse and deposits, which are not separated, shall be considered a single coal refuse pile.
2.9. Reserved.
2.10. "Fuel" means a fuel such as a solid, gaseous or liquid fuel which is fired in fuel burning equipment.
2.11. "Fuel Burning Equipment" means and includes any chamber, apparatus, device, mechanism, stack or structure used in the process of burning fuel for the primary purpose of producing heat for a thermal dryer.
2.12. "Fugitive Dust" means any particulate matter generated, which, if not confined or suppressed by water or chemical treatment, would be emitted directly into the open air from points other than a stack outlet.
2.13. "Fugitive Dust Control System" means any equipment or method used to confine, collect and dispose of fugitive dust, including, but not limited to, hoods, bins, duct work, fans, air pollution control equipment and equipment used to prevent or minimize the emission of fugitive dust by water or chemical treatment.
2.14. "Handling Operation" means and includes, but is not limited to, all coal grinding, crushing, picking, screening, conveying, storing and stockpiling operations not associated with a coal preparation plant as defined in this rule, and which are not also subject to the emission control requirements of 45CSR2, 45CSR3 or 45CSR7.
2.15. “ Malfunction” means a sudden and unavoidable breakdown of process or control equipment.
2.16. "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.
2.17. “Operation of a Coal Refuse Disposal Area” means the act of disposing, depositing or dumping of coal refuse upon a coal refuse disposal area or of physically altering the coal refuse disposal area, except by removal of ashes, red dog or other material from a burned-out coal refuse pile.
2.18. "Particulate Matter" means any material, except uncombined water, that exists in a finely divided form as a liquid or solid.
2.19. "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.
2.20. "Plant" means and includes all equipment and grounds utilized in an integral complex for coal preparation and associated handling.
2.21. “Secretary” means the Secretary of the Department of Environmental Protection or such other person to whom the Secretary has delegated authority or duties pursuant to W.Va. Code §§22-1-6 or 22-1-8.
2.22. “Shutdown” means the cessation of operation of a source subject to this rule for any reason, unless otherwise defined in a permit issued to create an alternative emission limitation.
2.23. "Stack", for the purpose of this rule, means, but is not limited to, any duct, control equipment exhaust or similar apparatus, which vents gases containing particulate matter into the open air from operations including, but not limited to, furnaces, drying chambers and air separation (table) operations.
2.24. "Standard Cubic Foot" means 1 cubic foot of dry gas, measured at standard conditions of 68̊ F and 29.92 inches of mercury column.
2.25. “Startup” means the setting in operation of a source subject to this rule for any reason, unless otherwise defined in a permit issued to create an alternative emission limitation.
2.26. "Thermal Dryer" means a device using fuel burning equipment for the primary purpose of reducing the moisture content of coal.
2.27. 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.
W. Va. Code R. § 45-5-3 Emission of Particulate Matter Prohibited and Standards of Measurement
3.1. No person shall cause, suffer, allow or permit emission of particulate matter into the open air from any stack which is 20% opacity or greater, except as noted in subsection 3.2.
3.2. The provisions of subsection 3.1 shall not apply to particulate matter emitted, which is less than 60% opacity for a period or periods aggregating no more than 5 minutes in any 60 minute period during operation.
3.3. The provisions of subsections 3.1 and 3.2 shall not apply to particulate matter emitted, which is less than 60% opacity for a period of up to 8 minutes in any operating day for the purposes of building a fire of operating quality in the fuel burning equipment of a thermal dryer.
3.4. No person shall cause, suffer, allow or permit emission of particulate matter into the open air from any fugitive dust control system which is 20% opacity or greater.
W. Va. Code R. § 45-5-4 Control and Prohibition of Particulate Emissions From Coal Thermal Drying Operations of a Coal Preparation Plant
4.1. No person shall cause, suffer, allow or permit particulate matter to be vented into the open air from any thermal dryer exhaust in excess of the following limitations:
4.1.1. Thermal dryers which commenced construction or modification after October 24, 1974, shall meet emission limitations set forth under 45CSR16.
4.1.2. Thermal dryers installed before October 24, 1974, that are not subject to subdivision 4.1.1, shall comply with the limitations and requirements set forth in Appendix 45-5 to this rule.
4.2. No person shall circumvent this rule by adding additional gas to any dryer exhaust or group of dryer exhausts for the purpose of reducing the grain loading.
4.3. No person shall cause, suffer, allow or permit the exhaust gases from a thermal dryer to be vented into the open air at an altitude of less than 80 feet above the foundation grade of the structure containing the dryer or less than 10 feet above the top of said structure or any adjacent structure, whichever is greater. In determining the desirable height of a plant stack, due consideration shall be given to the local topography, meteorology, the location of nearby dwellings and public roads, the stack emission rate and good engineering practice as set forth in 45CSR20.
W. Va. Code R. § 45-5-5 Control and Prohibition of Particulate Emissions From an Air Table Operation of a Coal Preparation Plant
5.1. No person shall cause, suffer, allow or permit particulate matter to be vented into the open air from any air table exhaust in excess of 0.05 grains per dry standard cubic foot of exhaust gases.
5.2. No person shall circumvent this rule by adding additional gas to any air table exhaust or group of air table exhausts for the purpose of reducing the grain loading.
W. Va. Code R. § 45-5-6 Control and Prohibition of Fugitive Dust Emissions From Coal Handling Operations and Preparation Plants
6.1. No person shall cause, suffer, allow or permit a coal preparation plant or handling operation to operate that is not equipped with a fugitive dust control system. This system shall be operated and maintained in such a manner as to minimize the emission of particulate matter into the open air.
6.2. The owner or operator of a coal preparation plant or handling operation shall maintain dust control of the premises and owned, leased or controlled access roads by paving, or other suitable measures. Good operating practices shall be observed in relation to stockpiling, car loading, breaking, screening and general maintenance to minimize dust generation and atmospheric entrainment.
6.3. Fugitive emissions from coal preparation plants and handling operations which are subject to this rule shall be exempt from the provisions of 45CSR17, provided that such sources shall not be exempt from the provisions of W. Va. Code §§22-5-1 et seq., including the provisions of W. Va. Code §22-5-3 relating to statutory air pollution.
6.4. Owners or operators of coal handling operations and coal preparation plants located in the area of Brooke County west of State Route 2, north of an extension of the southern boundary of Steubenville Township in Jefferson County, Ohio, and south of the Market Street Bridge shall comply with the following fugitive dust control provisions:
6.4.1. Particulate matter mass emissions shall not exceed 0.001 pounds per ton of coal input from any coal crusher or coal screening operation.
6.4.2. Visible particulate emissions shall not exceed 5% opacity from any coal crushing or screening operation or from any coal conveying system.
6.4.3. A definitive, approvable plan to control fugitive dust entrainment and emissions from vehicular traffic and activity areas including, but not limited to, paved and unpaved haulroads, stockpile areas, haulway berms and plant access roads to public streets and highways shall be submitted to the Secretary and such a plan shall be embodied in a consent order approved by the Secretary. For plants or handling operations not in existence on August 31, 2000, the plan shall be deemed filed upon filing of an application for construction, modification or relocation pursuant to section 10.
6.4.3.a. Provide specific scheduled treatment frequencies for all areas of vehicular activity and stockpiling using water and/or chemical dust suppressants at sufficient application rates and intensities and wet flushing and vacuum sweeping for paved surfaces so as to reduce uncontrolled fugitive dust emissions by at least 95% as determined by methods and procedures in the document, "Control of Open Fugitive Dust Sources" (EPA 450/3-88-008, September, 1988) or other measures which achieve equivalent emission reductions as determined in accordance with the reference document.
6.4.3.b. Provide for daily monitoring and recordkeeping and not less than monthly reporting of dust control measures to the Secretary including, but not limited to, water and chemical usage rates; chemical dust suppressant dilution ratios; accurate water and/or chemical flow rates or volumes through stationary or mobile dust suppression equipment and system pressures; beginning and ending times for treatment; traffic rates and types of vehicles using plant haulways, access roads and other vehicle activity areas; meteorological conditions relevant to control program requirements and equipment maintenance and downtime records.
6.4.3.c. Provide that no coal be unloaded from trucks which are not, upon entry to the plant or handling facility, tarped or otherwise covered to prevent dust entrainment, spillage or reentrainment.
6.4.3.d. Provide that the wheels, tires and underbodies of all coal trucks be fully cleaned by an automatic washing system or equivalently effective system prior to exiting onto paved streets or highways from the premises of the plant or coal handling operation if such trucks travel over unpaved or soiled areas within the plant or coal handling operation.
6.4.3.e. Provide that all paved traffic areas be water flushed and vacuum or broom swept daily or alternatively be treated with water and/or chemical dust suppressants in accordance with paragraph 6.4.3.a.
6.4.3.f. Provide that all reports required under this section be certified to be true and accurate by the owner or operator prior to submission to the Secretary.
6.4.3.g. Provide that the design of dust suppression systems or equipment, including but not limited to, number of trucks and truck tank capacity, spray bar or header volumes and pressures, spray system pump specifications, type of chemicals used, number and design of vacuum trucks maintained and other similar information be clearly incorporated.
6.4.4. The Secretary may consider or incorporate exceptional provisions to the fugitive dust control plans or schedules approved pursuant to subdivision 6.4.3 taking into consideration such conditions as rainfall, snow cover and freezing weather.
W. Va. Code R. § 45-5-7 Standards for Coal Refuse Disposal Areas
7.1. To prevent and control air pollution from coal refuse disposal areas, the operation of coal refuse disposal areas shall be conducted in accordance with the standards established by this section.
7.2. Coal refuse is not to be deposited on any coal refuse disposal area unless the coal refuse is deposited in such a manner as to minimize the possibility of ignition of the coal refuse.
7.3. Coal refuse disposal areas shall not be so located with respect to mine openings, tipples or other mine buildings, unprotected coal outcrops or steam lines, that these external factors will contribute to the ignition of the coal refuse on such coal refuse disposal areas.
7.4. Vegetation and combustible materials shall not be left on the ground at the site where a coal refuse pile is to be established, unless it is rendered inert before coal refuse is deposited on such site.
7.5. Coal refuse shall not be dumped or deposited on a coal refuse pile known to be burning, except for the purpose of controlling the fire or where the additional coal refuse will not tend to ignite or where such dumping will not result in statutory air pollution.
7.6. Materials with low ignition points used in the production or preparation of coal, including, but not limited to, wood, brattice cloth, waste paper, rags, oil and grease, shall not be deposited on any coal refuse disposal area or in such proximity as will reasonably contribute to the ignition of a coal refuse disposal area.
7.7. Garbage, trash, household refuse and like materials shall not be deposited on or near any coal refuse disposal area.
7.8. The deliberate ignition of a coal refuse disposal area or the ignition of any materials on such an area by any person or persons is prohibited.
W. Va. Code R. § 45-5-8 Burning Coal Refuse Disposal Areas
8.1. Each burning coal refuse disposal area which allegedly causes air pollution shall be investigated by the Secretary.
8.2. Each burning coal refuse disposal area which causes air pollution shall be considered on an individual basis by the Secretary. Consistent with the declaration of policy and purpose set forth in W. Va. Code §22-5-1, as well as the established facts and circumstances of the particular case, the Secretary shall determine and may order the effectuation of those air pollution control measures which are adequate for each such coal refuse disposal area.
8.3. With respect to all burning coal refuse disposal areas, the person responsible for the coal refuse disposal areas or the land on which the coal refuse disposal areas are located shall use due diligence to control air pollution from the coal refuse disposal areas. Consistent with the declaration of policy and purpose set forth in W. Va. Code §22-5-1, the Secretary shall determine what constitutes due diligence with respect to each such burning coal refuse disposal area. When a study of any burning coal refuse disposal area by the Secretary establishes that air pollution exists or may be created, the person responsible for the coal refuse disposal area or the land on which the coal refuse disposal area is located shall submit to the Secretary a report setting forth satisfactory methods and procedures to eliminate, prevent or reduce the air pollution. The report shall be submitted within such time as the Secretary shall specify. The report for the elimination, prevention or reduction of air pollution shall contain sufficient information, including, completion dates, to establish that the corrective measures can be executed with due diligence. If approved by the Secretary, the corrective measures and completion dates shall be embodied in a consent order issued pursuant to W. Va. Code §§ 22-5-1 et seq. If the report is not submitted as requested or if the Secretary determines that the methods and procedures set forth in the report are not adequate to reasonably control the air pollution he or she shall issue an order requiring the elimination, prevention or reduction of the air pollution.
W. Va. Code R. § 45-5-9 Monitoring of Operations
9.1. Thermal dryers subject to subsection 4.1 shall meet the monitoring and calibration requirements set forth under 45CSR16.
9.2. The owner or operator of a thermal dryer subject to subdivision 4.1.2 shall install, calibrate, maintain and continuously operate monitoring devices, as set forth in Appendix 45-5 to this rule.
W. Va. Code R. § 45-5-10 Construction, Modification and Relocation Permits
10.1. No person shall construct, modify or relocate any coal preparation plant or coal handling operation without first obtaining a permit in accordance with the provisions of W. Va. Code §§22-5-1 et seq. and the Secretary’s rules for review and permitting of new or modified sources, except that coal handling operations which are not “stationary sources” as defined by subdivision 2.24.2 of 45CSR13 are not required to obtain a permit under 45CSR13. The terms "construction", "modification" and "relocation" shall have the meaning ascribed to them in 45CSR13.
W. Va. Code R. § 45-5-11 Operating Permits
11.1. The owner or operator of each coal preparation plant shall submit a complete application for an operating permit to the Secretary.
11.1.1. The operating permit application shall contain sufficient information as in the judgement of the Secretary is necessary to enable him to determine whether the preparation plant and air pollution control equipment or measures comply with this rule and other applicable rules. Information to be furnished in the permit application shall include but not be limited to:
11.1.1.a. A description of the nature, location, design capacity and typical and maximum operating schedules of the facility, including, specifications and drawings showing its design and plant lay-out; and
11.1.1.b. A detailed description as to what systems of continuous emission reduction are employed by the facility, emission estimates and any other information as necessary to determine the required emissions control technology or measures that must be applied.
11.2. It shall be unlawful for any person to operate a coal preparation plant, which was in existence on May 1, 1995, that has not submitted a completed operating permit application to the Secretary in accordance with this section by August 1, 1995.
11.3. Any owner or operator of a coal preparation plant which is constructed, modified or relocated after May 1, 1995 pursuant to a preconstruction permit as provided under section 10, shall submit a completed application for a new operating permit, or an amendment to an existing permit in the case of a modification, within 60 days of the date of start-up of such new facility, modification or relocation.
11.4. No owner or operator of a coal preparation plant shall be deemed to be in violation of this section during the pendency of the Secretary 's operating permit review period, provided that such owner or operator has submitted a complete operating permit application in accordance with this section and is otherwise in compliance with the Code and the rules promulgated thereunder.
11.4.1. The owner or operator shall expeditiously correct any deficiencies and errors found in the permit application or provide necessary omitted or supplemental information identified to the owner or operator by the Secretary.
11.4.2. The owner or operator shall submit a written and certified response to any written Notice of Deficiency (NOD) forwarded by the Secretary within 20 days of receipt of the NOD.
11.5. If, after any investigation made by the Secretary, the Secretary shall be of the opinion that an operating permit holder is violating the provisions of this rule, the Secretary may issue an order suspending or revoking the operating permit in the manner provided under W. Va. Code §22-5-5. Such order shall be considered a cease and desist order for purposes of administrative and judicial review. Operating permits revoked or suspended may be renewed by the Secretary upon a showing of compliance with the provisions of this rule, the permit, the Code and all other rules.
11.6. The possession of an operating permit by any person shall in no way relieve the holder thereof of the obligation to comply with the provisions of this or any other rule or W. Va. Code §22-5-1 et seq.; provided:
11.6.1. That the owner or operator of a source for which an operating permit is required under this rule and under 45CSR30 shall only be required to submit an operating permit application and to obtain an operating permit pursuant to 45CSR30; and
11.6.2. That the owner or operator of a source for which an operating permit is required under this rule who chooses to obtain a general permit relating to coal preparation plants and coal handling operations pursuant to 45CSR13 shall only be required to submit the required registration and obtain coverage under the general permit.
11.7. Upon determination by the Secretary that the applicant for a permit for a coal preparation plant may violate applicable emissions standards or other applicable rules or may cause violations of ambient air standards, the Secretary shall issue an order denying an operating permit for such facility in the manner provided under W. Va. Code §22-5-12. Such order shall be considered a cease and desist order for purposes of administrative and judicial review.
11.8. The Secretary shall not issue an operating permit to any person who has not paid in full all fees required under 45CSR22 or any other applicable fee rule. Failure to pay applicable fees shall be cause for operating permit denial, suspension or revocation, provided that the payment of fees required under 45CSR22 and possession of a 45CSR22 certificate to operate shall not constitute possession of a valid operating permit as required under this rule.
11.9. Operating permits issued under this rule shall be continuous unless revised, renewed, revoked, suspended or otherwise changed under the provisions of this rule or any other applicable legislative rule.
11.10. If not previously submitted, a complete application for an operating permit shall be submitted to the Secretary at least 60 days prior to the date that an inactive plant subject to this section is to be reactivated.
W. Va. Code R. § 45-5-12 Reporting and Testing
12.1. At such reasonable times as the Secretary may designate, the owner or operator of a coal preparation plant may be required to conduct or have conducted stack tests to determine the dust loading in exhaust gases and mass emission rates of particulate matter. All tests to determine compliance with exhaust gas dust concentrations and particulate matter mass emission rates shall be conducted in accordance with Methods 1-5 of 40 CFR Part 60, Appendix A and 45CSR16 provided that all compliance tests must consist of not less than 3 test runs, test run duration shall not be less than 60 minutes, and not less than 30 standard cubic feet of exhaust gas must be sampled during each test run. Should the Secretary exercise his option to conduct such tests, the operator will provide all necessary sampling connections and sampling ports to be located in such manner as the Secretary may require, power for test equipment and the required safety equipment such as scaffolding, railings, ladders, etc., to comply with generally accepted good safety practices.
12.2. The Secretary may conduct such other tests as he may deem necessary to evaluate air pollution emissions other than those noted in subsection 12.1.
12.3. The owner or operator shall submit a test protocol for the Secretary 's approval not less than 30 days prior to any test to determine compliance with this rule and shall provide at least 15 days notice of all compliance tests to the Secretary.
12.4. Tests to determine compliance with the visible emission limitations of sections 3 and 6 shall be conducted by certified visible emission observers in accordance with Method 9 of 40 CFR Part 60, Appendix A and 45CSR16.
12.5. Nothing in subsection 12.4, however, shall preclude any owner or operator or the Secretary from using opacity data from a properly installed, calibrated, maintained and operated continuous opacity monitor from being used as evidence to demonstrate compliance or a violation of visible emission requirements of this rule.
12.6. Any stack venting thermal dryer exhaust gases and/or air table exhaust gases or exhaust gases or air from any air pollution control device shall include straight runs of sufficient length to establish flow patterns consistent with acceptable stack sampling procedures. Flow straightening devices shall be required where cyclonic gas flow would exist in the absence of such devices.
W. Va. Code R. § 45-5-13 Reserved
W. Va. Code R. § 45-5-14 Transfer of Permits
14.1. Any person holding a valid operating permit under this rule may request that the Secretary transfer the operating permit to another person providing the following conditions are met:
14.1.1. The permit holder describes, in writing, the reasons for or circumstances of the transfer, lists all relevant air quality permit numbers and certifies that the facility to which the permit pertains is in compliance with all air permits issued by the Secretary and all applicable rules of the Secretary;
14.1.2. The transferee identifies and acknowledges, in writing, that it accepts and will comply with all permit(s) issued by the Secretary as identified in the notice of transfer filed pursuant to subdivision 14.1.1 and that it will comply with all applicable rules; and
14.1.3. The permit holder or transferee pays, at the time of the request for transfer, a transfer fee of $200 payable to the Air Pollution Control Fund. Such payment satisfies the requirement of subsection 4.2 of 45CSR22.
14.2. Once the permittee and proposed transferee have complied with subsection 14.1, such a transfer shall be deemed approved unless the Secretary notifies the permittee and proposed transferee in writing, within 30 days, that:
14.2.1. Additional information is required in order to process and act on the transfer; or
14.2.2. Such a transfer is denied, in which event the supporting findings of fact and legal authority for said denial shall be set forth in writing.
14.2.2.a. Any such denial may be appealed in the same manner as an appeal from permit denial under W. Va. Code §22-5-14 and applicable rules.
W. Va. Code R. § 45-5-15 Alternative Emission Limitations
15.1. Any owner or operator that cannot meet the emission limitations established in sections 3, 4 or 5 during periods of startup or shutdown shall request an alternative emission limitation pursuant to 45CSR1.
W. Va. Code R. § 45-5-16 Inconsistency Between Rules
16.1. In the event of any inconsistency between this rule and Appendix 45-5 and any other existing rule of the Division of Air Quality, such inconsistency shall be resolved by the determination of the Secretary and such determination shall be based upon the application of the more stringent provision, term, condition, method or rule.
W. Va. Code R. § 45-5-17 Disposition of Rule; Severability
17.1. 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.
17.2. 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.
17.3. 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.
17.4. 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 requirement § 45-5-15.1 and revert to the August 31, 2000 requirements found at §§ 45-5-13.1, -13.2 and -13.3.
1.0. Particulate Emission Limitations Applicable to Thermal Dryers Installed Before October 25, 1974.
1.1. Thermal dryers installed on or before March1, 1970, shall not exceed the emission limitations of Table 45-5-A:
Table 45-5-A Total Plant Volumetric Flow Rate (Standard Cubic Feet Per Minute)
Maximum Allowable Particulate Loading Per Dryer (Grains Per Standard Cubic Foot) 120,000 or less 0.12 172,000 0.11 245,000 0.10 351,000 0.09 500,000 and above 0.08
1.2. Thermal dryers installed after March 1, 1970, but before October 24, 1974 shall not exceed the emission limitations of Table 45-5-B:
Table 45-5-B Total Plant Volumetric Flow Rate (Standard Cubic Feet Per Minute)
Maximum Allowable Particulate Loading Per Dryer (Grains Per Standard Cubic Foot) 75,000 or less 0.10 111,000 0.09 163,000 0.08 240,000 and above 0.07
1.3. For the volumetric flow rate between any two consecutive volumetric flow rates stated in subsection 1.1. and subsection 1.2. of Appendix 45-5, limitations shall be as determined by linear interpolation. For the purpose hereof, the total volumetric flow rate shall be the total standard cubic feet of dry gas passed through all thermal dryers at one plant location. This value shall be determined by methods which are acceptable to the Secretary.
1.4. When modifications were made to plants after March 1, 1970 but before October 24, 1974, that resulted in a significant increase in the total gas volume passing through a thermal dryer(s), said dryer(s) will be subject to the emission limitations of subsection 1.2. of Appendix 45-5 even though such modifications do not include the installation of a new thermal dryer(s).
2.0. Monitoring of Operations Applicable to Thermal Dryers Installed Before October 25, 1974.
2.1. A monitoring device for the continuous measurement of the temperature of the gas stream at the exit of the thermal dryer. The monitoring device is to be certified by the manufacturer to be accurate within plus or minus 3°F.
2.2. For thermal dryers that use venturi scrubber emissions control equipment:
2.2.1. A monitoring device for the continuous measurement of the pressure loss through the venturi constriction of the control equipment. The monitoring device is to be certified by the manufacturer to be accurate within plus or minus 1 in. water gauge.
2.2.2. A monitoring device for the continuous measurement of the water supply pressure to the control equipment. The monitoring device is to be certified by the manufacturer to be accurate within plus or minus 5% design water supply pressure. The pressure sensor must be located close to the water discharge point or at such point as approved by the Secretary.
2.3. All monitoring devices required under subsection 2.2. of Appendix 45-5 are to be recalibrated at least once annually.
Series 06 Control of Air Pollution from Combustion of Refuse
W. Va. Code R. § 45-6-1 General
1.1. Scope.
1.1.1. This rule establishes emission standards for particulate matter and requirements for activities involving incineration of refuse which are not subject to, or are exempted from regulation under a federal counterpart for specific combustion sources. This rule also prohibits (with limited exception) open burning and sets forth the registration, permitting, reporting, testing, emergency, natural disaster and exemption provisions for activities involving the combustion of refuse and land clearing debris.
1.1.2. Neither compliance with the provisions of this rule nor the absence of specific language to cover particular situations constitutes approval or implies consent or condonement of any emission which is released in any locality in such manner or amount as to cause or contribute to statutory air pollution. Neither does it exempt nor excuse anyone from complying with other applicable laws, ordinances, regulations or orders of governmental entities having jurisdiction over combustion of refuse or open burning.
1.1.3. All persons engaged in any form of combustion of refuse shall give careful consideration to the effects of the resultant emissions on the air quality of the area(s) affected by such burning. Important considerations include, but are not limited to, the location and time of burning, the type of material being burned and the potential emissions and the prevailing meteorological conditions. Persons failing to give due consideration to these factors will be in violation of this rule.
1.1.4. It is the intent of the Secretary that all incorporated areas and other local governmental entities prohibit open burning and develop alternative methods for disposal of refuse. If such action is not taken in any air basin, air quality control region or other such areas as the Secretary may designate, then such action may be taken by the Secretary to ensure compliance with air quality 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.
W. Va. Code R. § 45-6-2 Definitions
2.1. “Agency Administrator” means a National Park Service Park Superintendent, Bureau of Indian Affairs Agency Superintendent, U.S. Forest Service Forest Supervisor, Bureau of Land Management District Manager, Fish and Wildlife Service Refuge Manager, State Forest Officer, Fire Chief, or an authorized designee thereof.
2.2. “Air Curtain Incinerator” means an incinerator that operates by forcefully projecting a curtain of air across an open chamber or pit in which combustion occurs. Incinerators of this type can be constructed above or below ground and with or without refractory walls and floor. (Air curtain incinerators are not to be confused with conventional combustion devices with enclosed fireboxes and controlled air technology such as mass burn, modular, and fluidized bed combustors.)
2.3. “Air Pollution” or “statutory air pollution” shall have the meaning ascribed to it in W.Va. Code §22-5-2.
2.4. “Air Pollution Control Equipment” means any equipment used for collecting or converting gasborne particulate or gaseous materials for the purpose of preventing or reducing emission of these materials into the open air.
2.5. “Alternative Emission Limitation” means an emission limitation that applies to a source during some but not all periods of normal operation (e.g., applies only during a specifically defined mode of operation such as startup or shutdown). An alternative emission limitation is a component of a continuously applicable emission limitation, and it may take the form of a control measure such as a design, equipment, work practice or operational standard (whether or not numerical).
2.6. “CFR” means the Code of Federal Regulations published by the Office of the Federal Register, National Archives and Records Service, General Services Administration.
2.7. “Flare” or ‘flare stack’ means and includes a combustion source normally comprised of, but not limited to, a length of stack or pipe which has an attached burner mechanism designed to destroy liquid or gaseous material with an open or semi-enclosed flame.
2.8. “Incineration” means the destruction of combustible refuse by burning in a furnace designed for that purpose. For the purposes of this rule, the destruction of any combustible liquid or gaseous material by burning in a flare or flare stack, thermal oxidizer or thermal catalytic oxidizer stack shall be considered incineration.
2.9. “Incinerator” means any device used to accomplish incineration.
2.10. “Incinerator Capacity” shall be the manufacturer's or designer's guaranteed maximum charging rate or such other rate as may be determined by the Secretary in accordance with good engineering practices. In case of conflict the determination by the Secretary shall govern. For the purpose of this rule, the total of the capacities of all furnaces within one system shall be considered as the “Incinerator Capacity”.
2.11. “Industrial Waste Incinerator” means an incinerator which is used to incinerate gaseous, liquid, semi-liquid and/or solid by-product waste from industrial sources.
2.12. “Land Clearing Debris” means that vegetative material generated by clearing of land for purposes of preparation for development, construction, mining or other such activity. Non-vegetative refuse is not included in this meaning.
2.13. “Malfunction” means a sudden and unavoidable breakdown of process or control equipment.
2.14. “Opacity” means the degree to which smoke or particulate matter emissions reduce the transmission of light and obscure the view of an object in the background.
2.15. “Open Burning” means the combustion of refuse whereby the gaseous products of combustion are not conveyed through man-made means from one point to another and are discharged directly to the open air. This term includes ‘burn barrels’, but does not include air curtain incinerators.
2.16. “Particulate Matter” means any material, except uncombined water, that exists in a finely divided form as a liquid or solid.
2.17. “Pathological Waste ” means waste material consisting of only human or animal remains, anatomical parts or tissue, the bags or containers used to collect and transport the waste material, and animal bedding (if applicable).
2.18. “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.
2.19. “Prescribed burning” means the controlled application of fire to vegetation under specified environmental conditions and precautionary measures, which allows the fire to be confined to a predetermined area for the purpose of accomplishing specifically planned wildlife and forest management objectives.
2.20. “Refuse” means the useless, unwanted or discarded solid, liquid or gaseous waste materials resulting from community, commercial, industrial or citizen activities.
2.21. “Secretary” means the Secretary of the Department of Environmental Protection or such other person to whom the Secretary has delegated authority or duties pursuant to W.Va. Code §§22-1-6 or 22-1-8.
2.22. “Shutdown” means the cessation of operation of a source subject to this rule for any reason, unless otherwise defined in a permit issued to create an alternative emission limitation.
2.23. “Sewage Sludge Incinerator” means an incinerator which is used to incinerate the sludge produced by municipal or industrial sewage treatment plants.
2.24. “Smoke” means small gasborne and airborne particles emitted as the result of the combustion of refuse in sufficient numbers to be visible.
2.25. “Startup” means the setting in operation of a source subject to this rule for any reason, unless otherwise defined in a permit issued to create an alternative emission limitation.
2.26. 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.
W. Va. Code R. § 45-6-3 Open Burning Prohibited
3.1. General Provisions. -- The open burning of refuse by any person is prohibited except for the following exceptions:
3.1.1. Vegetation grown on the premises of a home or farm, provided that there is compliance with the provisions of subdivision 1.1.2, and the health, safety, comfort and property of persons are protected from the effects of such burning.
3.1.2. Fires set for the purpose of bona fide instruction and training of public and industrial employees and members of volunteer fire departments in the methods of fighting fires, provided that approval to conduct such burning is received from the Secretary. Burning of structures for fire training is subject to specific requirements of 45CSR34 and 40 CFR Part 61 Subpart M.
3.1.3. Open burning of land clearing debris provided that all the following conditions are met:
3.1.3.a. There is no practical alternate method for the disposal of the material to be burned;
3.1.3.b. The health, safety, comfort and property of persons are protected from the effects of such burning; and
3.1.3.c. Approval to conduct such burning is received from the Secretary.
3.1.4. Open burning of propellant and explosive wastes, provided that the open burning is conducted in accordance with 45CSR25.
3.1.5. Prescribed burning, in accordance with a written prescribed fire plan approved by the West Virginia Division of Forestry, or in the case of federal lands, approved by the appropriate Agency Administrator and endorsed by the West Virginia Division of Forestry, prior to ignition for the following wildlife, forest and associated land management purposes:
3.1.5.a. To improve forest health;
3.1.5.b. To maintain and restore wildlife habitat;
3.1.5.c. To reduce forest fuels and minimize the effect of wildfires;
3.1.5.d. To prepare land for planting or seeding (site preparation);
3.1.5.e. To restore fire-dependent forest ecosystems; and
3.1.5.f. To integrate with other control methods for use in eradication of non-native invasive plants.
3.2. The exemptions listed in subsection 3.1 are subject to the following stipulation:
3.2.1. Upon notification by the Secretary, no person shall cause or allow any form of open burning during existing or predicted periods of atmospheric stagnation. Notification shall be made by such means as the Secretary may deem necessary and feasible.
W. Va. Code R. § 45-6-4 Emission Standards for Incinerators and Incineration
4.1. No person shall cause or allow particulate matter to be discharged from any incinerator into the open air in excess of the quantity determined by use of the following formula:
Emissions (lb/hr) = F x Incinerator Capacity (tons/hr)
Where, the factor, F, is as indicated in Table 45-6 below:
Table 45-6: Factor, F, for Determining Maximum Allowable Particulate Emissions.
Incinerator Capacity Factor F Less than 15,000 lbs/hr 5.43 15,000 lbs/hr or greater 2.72
4.2. In the Counties of Brooke, Hancock, Ohio, Marshall and Kanawha; and the Magisterial Districts of Valley (Fayette County), Scott and Pocatalico (Putnam County), Tygart (Wood County), the City of Fairmont and those portions of Union and Winfield Magisterial Districts west of I-79 (Marion County), no person shall cause or allow the operation of any incinerator during the period starting 1 hour before sunset and extending until 2 hours after sunrise. This subsection shall not apply to the operation of flares, pathological waste, industrial, or sewage sludge incinerators.
4.3. Emission of Visible Particulate Matter. -- No person shall cause or allow emission of smoke into the atmosphere from any incinerator which is 20% opacity or greater.
4.4. The provisions of subsection 4.3 shall not apply to smoke which is less than 40% opacity, for a period or periods aggregating no more than 8 minutes per start-up, or 6 minutes in any 60-minute period for stoking operations.
4.5. No person shall cause or allow the emission of particles of unburned or partially burned refuse or ash from any incinerator which are large enough to be individually distinguished in the open air.
4.6. Incinerators, including all associated equipment and grounds, shall be designed, operated and maintained so as to prevent the emission of objectionable odors.
4.7. Incineration of Pathological Waste. -- Persons responsible for the incineration of pathological waste shall give the utmost care and consideration to the effects of the emissions resulting from such activities. Evaluation of these facilities as to adequacy, efficiency and emission potential will be made on an individual basis by the Secretary, working in conjunction with other appropriate governmental agencies.
4.8. Temporary Air Curtain Incinerators. -- Air curtain incinerators that are temporarily sited and operated only for the disposal of on-site land clearing debris shall not be subject to the emission standards of this rule or to the preconstruction permitting requirements of 45CSR13, provided that the following conditions are met:
4.8.1. There is no practical alternative method for the disposal of the material to be incinerated;
4.8.2. The health, safety, comfort and property of persons are protected from the effects of such incineration;
4.8.3. Approval to conduct such incineration is received from the Secretary; and
4.8.4. The temporary air curtain incinerator is not subject to the requirements of section 9 of this rule, 45CSR14, 45CSR18, 45CSR19, or 45CSR30.
4.9. Except for flares and temporary air curtain incinerators under subsection 4.8, the owner or operator of an incinerator shall post operating instructions for the incinerator clearly visible by the operator from the incinerator charging area. Such posting shall provide instruction for proper operation in order to prevent a violation of this rule.
4.10. The owner and operator of an incinerator shall design, construct and operate the facility in accordance with all applicable rules promulgated by the Secretary including, but not limited to, this rule, 45CSR13, 45CSR14, 45CSR18, 45CSR19, 45CSR25, 45CSR30 and 45CSR34, as applicable.
W. Va. Code R. § 45-6-5 Reserved
W. Va. Code R. § 45-6-6 Permits
6.1. Except for temporary air curtain incinerators under subsection 4.8, no person shall construct, modify or relocate any incinerator without first obtaining a permit in accordance with the provisions of W.Va. Code §22-5-1 et seq., 45CSR13, 45CSR14, 45CSR19, and 45CSR30, as applicable, provided that, and notwithstanding the provisions of 45CSR13, flares and flare stacks meeting the following requirements shall not be required to obtain a preconstruction permit under 45CSR13:
6.1.1. Temporary flares used in conjunction with maintenance and repair of natural gas pipelines, combusting only the gas contained therein, which meet the following conditions:
6.1.1.a. The flare or flare stack exists on-site for a cumulative period of less than 30 days in any 12 consecutive month period;
6.1.1.b. The maximum emissions from the flare or flare stack, based on the potential to emit for the period of time that the flare or flare stack is in use, do not exceed the threshold amounts specified in the definitions of “stationary source” and “modification” in 45CSR13;
6.1.1.c. The flare or flare stack is not subject to the requirements of 45CSR14, 45CSR16, 45CSR19, 45CSR25, 45CSR30 or 45CSR34; and
6.1.1.d. The source maintains records of emissions, monitoring results or other records sufficient to determine compliance with the requirements of paragraphs 6.1.1.a through 6.1.1.c for a minimum period of 3 years and makes such records available upon the Secretary’s request.
6.1.2. Temporary flares, other than those identified in subdivision 6.1.1, which meet the following conditions:
6.1.2.a. The flare or flare stack exists on-site for a cumulative period of less than 10 days in any 12 consecutive month period;
6.1.2.b. The maximum emissions from the flare or flare stack, based on the potential to emit for the period of time that the flare or flare stack is in use, do not exceed the threshold amounts specified in the definitions of “stationary source” and “modification” in 45CSR13;
6.1.2.c. The flare or flare stack is not subject to the requirements of 45CSR14, 45CSR16, 45CSR19, 45CSR25, 45CSR30 or 45CSR34;
6.1.2.d. The flare or flare stack meets all of the general control device requirements of 40 CFR §60.18 and 45CSR16 including, but not limited to, the requirement to monitor the flare to ensure it is operated and maintained in conformance with its design and the opacity standard in 40 CFR §60.18(c)(1);
6.1.2.e. The flare or flare stack is designed and operated in a manner to prevent violations of any national ambient air quality standard;
6.1.2.f. The source notifies the Secretary within 10 working days of locating any flare or flare stack on-site, which notification shall include the location and anticipated duration that such flare will remain on-site; and
6.1.2.g. The source maintains records of emissions, monitoring results or other records sufficient to determine compliance with the requirements of paragraphs 6.1.2.a through 6.1.2.f for a minimum period of 3 years and makes such records available upon the Secretary’s request.
6.2. 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.
W. Va. Code R. § 45-6-7 Reports and Testing
7.1. At such reasonable times as the Secretary may designate, the operator of any incinerator shall be required to conduct or have conducted stack tests to determine the particulate matter loading, by using 40 CFR Part 60, Appendix A, Method 5 and 45CSR16 or other equivalent U.S. EPA approved method approved by the Secretary, in exhaust gases. Such tests shall be conducted in such manner as the Secretary may specify and be filed on forms and in a manner acceptable to the Secretary. The Secretary may, at the Secretary’s option, witness or conduct such stack tests. Should the Secretary exercise his or her option to conduct such tests, the operator will provide all the necessary sampling connections and sampling ports to be located in such manner as the Secretary may require, power for test equipment and the required safety equipment such as scaffolding, railings and ladders to comply with generally accepted good safety practices.
7.2. The Secretary may conduct such other tests as the Secretary may deem necessary to evaluate air pollution emissions other than those noted above.
W. Va. Code R. § 45-6-8 Variances
8.1. If it can be demonstrated to the Secretary that the disposal of certain materials by any method other than burning leads to ground water contamination, then the person responsible for the disposal of such materials shall submit to the Secretary within 60 days of such demonstration a program and preconstruction permit application under 45CSR13 leading to the construction of a suitable incinerator. If such program and permit is approved by the Secretary, the person shall not be in violation as long as such incineration is in accordance with the approved program and permit issued by the Secretary.
8.2. Reserved.
W. Va. Code R. § 45-6-9 Alternative Emission Limitations
9.1. Any owner or operator that cannot meet the emission limitations established in section 4 during periods of startup or shutdown shall request an alternative emission limitation pursuant to 45CSR1.
W. Va. Code R. § 45-6-10 Emergencies and Natural Disasters
10.1. In situations involving flood, tornado, ice storm, high winds or other natural disaster the Secretary may, based on demonstrated need, approve temporary open burning of vegetation, non-hazardous building debris and other non-hazardous debris from such natural disaster which would otherwise be subject to the requirements of sections 3 or 6, provided that:
10.1.1. There is no practical alternative method for disposal of the material to be burned;
10.1.2. The health, safety, comfort and property of persons are protected from such burning; and
10.1.3. Approval to conduct such burning is received from the Secretary.
10.2. During a declared state of emergency under Annex W of the West Virginia Emergency Operations Plan involving a highly contagious animal or poultry disease, the Secretary may approve temporary incineration or open burning of animal or poultry remains and related pathological waste which would otherwise be subject to the requirements of sections 3, 4 or 6 or 45CSR18, provided that:
10.2.1. There is no practical alternative method for carcass and pathological waste disposal;
10.2.2. The health, safety, comfort and property of persons are protected from such incineration or burning; and
10.2.3. Approval to conduct such incineration or burning is received from the Secretary.
W. Va. Code R. § 45-6-11 Exemptions
11.1. The following combustion units are subject to the requirements of 45CSR18 and shall be exempt from the requirements of this rule:
11.1.1. Large municipal waste combustors, small municipal waste combustion units, hospital/ medical/ infectious waste incinerators, commercial and industrial solid waste incineration units, and other solid waste incineration units;
11.1.2. Air curtain incinerators which are a distinct operating unit of any commercial or industrial facility;
11.1.3. Any air curtain incinerator that burns less than 35 tons per day of municipal solid waste, or is located at an institutional facility burning any amount of institutional waste generated at that facility; and
11.1.4. Incinerators or air curtain incinerators used on a temporary basis to combust vegetation or debris from disaster recovery or a state of emergency.
11.2. Any pathological waste incinerator subject to 45CSR18 or 45CSR25 shall be exempt from the requirements of this rule.
11.3. Any facility which incinerates low-level radioactive waste or chemotherapeutic waste shall be exempt from the requirements of this rule.
11.4. Any hazardous waste combustor subject to 40 CFR Part 63, Subpart EEE and 45CSR34 shall be exempt from the requirements of this rule.
11.5. Any hazardous waste incinerator subject to 40 CFR Parts 264 or 265 and 45CSR25 shall be exempt from the requirements of this rule.
W. Va. Code R. § 45-6-12 Effect of the Rule
12.1. 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.
W. Va. Code R. § 45-6-13 Inconsistency Between Rules
13.1. 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.
W. Va. Code R. § 45-6-14 Disposition of Rule; Severability
14.1. 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.
14.2. 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.
14.3. 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.
14.4. 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 requirement § 45-6-9.1 and revert to the June 1, 2008 requirements found at § 45-6-8.2.
Series 07 To Prevent and Control Particulate Matter Air Pollution from Manufacturing Processes and Associated Operations
W. Va. Code R. § 45-7-1 General
1.1. Scope. -- This rule establishes particulate matter emission standards for manufacturing processes and associated operations and sets forth permitting, testing, reporting, and exemption provisions.
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.
W. Va. Code R. § 45-7-2 Definitions
2.1. “Air Pollution”, “statutory air pollution” shall have the meaning ascribed to it in W. Va. Code §22-5-2.
2.2. “Air Pollution Control Equipment” means any equipment used for collecting or converting smoke and/or particulate matter for the purpose of preventing or reducing emission of these materials into the open air.
2.3. “Alternative Emission Limitation” means an emission limitation that applies to a source during some but not all periods of normal operation (e.g., applies only during a specifically defined mode of operation such as startup or shutdown). An alternative emission limitation is a component of a continuously applicable emission limitation, and it may take the form of a control measure such as a design, equipment, work practice or operational standard (whether or not numerical).
2.4. “Blowing Tap” means any tap associated with ferroalloy submerged arc furnace in which an evolution of gas forces or projects jets of flame or metal sparks beyond the ladle, runner or collection hood.
2.5. “By-Product Coke Production Facility” means the production of coke by the destructive distillation of coal in recovery type ovens in which gaseous and liquid distillates are separated and recovered as by-products, and includes any on-site coal preparation, charging, coking, coke pushing, hot coke transfer, coke quenching, coke handling and the separation and preparation of distillates.
2.6. “Charging Emissions” means any smoke and/or particulate matter emissions from one or more charging ports, space between charging port rings and oven refractory, drop sleeves, larry car hoppers or emissions from any devices used for the capture and cleaning of emissions resulting from charging operations, but shall not include emissions resulting from the temporary removal of a charging port lid for the purpose of sweeping coal spillage into the oven just charged after all lids have been seated over the charging ports following removal of the larry car.
2.7. “Charging Operation” means any operation or procedure by which coal is introduced into a coke oven. For coke oven batteries employing larry cars, the charging operation shall begin when the gate(s) on the larry car coal hopper is (are) opened or the mechanical feeders start the flow of coal into the first charging port(s) until the oven is completely charged and the last charging port lid is seated.
2.8. “Charging Port” means any opening through which coal is, or may be, introduced into a coke oven, whether or not such opening is regularly used for that purpose.
2.9. “Chemical Change” means, for the purpose of this rule, any change in a substance which does change the properties of the substance and by which a new substance is formed.
2.10. “Coke Battery Topside” means the top of the coke battery including, but not necessarily limited to, charging ports, charging port lids, inspection lids, refractory ceiling, offtake piping and the coke oven gas collector main.
2.11. “Door Area” means the vertical face of a coke oven between two adjacent buckstays.
2.12. “Door Area Emissions” means any smoke and/or particulate matter emissions from any door area including, but not limited to, emissions from the door, chuck door, door seal, jamb or refractory.
2.13. “Duplicate Source Operation” means any combination of 2 or more individual source operations of any size that have the same nomenclature, either formerly adopted and/or commonly sanctioned by usage such as, but not limited to, two or more rotary driers, basic oxygen furnaces or electric arc furnaces contained in the same plant.
2.14. “Ferroalloy Electric Submerged Arc Furnace” means any furnace used in production of ferroalloys wherein electrical energy is converted to heat energy by transmission of current between electrodes partially submerged in the furnace charge.
2.15. “Fuel” means any form of combustible matter (solid, liquid, vapor or gas) that is used as a source of heat.
2.16. “Fugitive Particulate Matter” means any and all particulate matter which, if not confined, would be emitted directly into the open air from points other than a stack outlet.
2.17. “Furnace Charge” means any material introduced into a ferroalloy electric submerged arc furnace, and may consist of, but is not limited to, ores, slag, carbonaceous material and limestone.
2.18. “Maintenance Operation” means maintenance activities that have zero process weight rate and that are not defined as a manufacturing process.
2.19. “Malfunction” means a sudden and unavoidable breakdown of process or control equipment.
2.20. “Manufacturing Process” means any action, operation or treatment, embracing chemical, industrial or manufacturing efforts, and employing, for example, heat treating furnaces, by-product coke plants, core-baking ovens, mixing kettles, cupolas, blast furnaces, open hearth furnaces, heating and reheating furnaces, puddling furnaces, sintering plants, electric steel furnaces, ferrous and non-ferrous foundries, kilns, stills, driers, crushers, grinders, roasters, and equipment used in connection therewith and all other methods or forms of manufacturing or processing that may emit smoke, particulate matter or gaseous matter.
2.21. “Non-Recovery Coke Production Facility” means the destructive distillation of coal in which the gaseous and liquid distillates are separated from coal, but not recovered as by-products, and includes any on-site coal preparation, charging, coking, coke pushing, hot coke transfer, coke quenching and coke handling.
2.22. “Offtake Piping” means the piping that transports gaseous by-products of the coking cycle from an oven to the coke oven gas collector main, such as standpipes, standpipe caps, goosenecks and slipjoints.
2.23. “Opacity” means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.
2.24. “Oxygen Lancing” shall mean the burning open of a taphole to remove slag or product from the taphole associated with operations of a ferroalloy electric submerged arc furnace.
2.25. “Particulate Matter” means any material, except uncombined water, that exists in a finely divided form as a liquid or solid. 2.26 . “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.
2.27. “Physical Change” means, for the purpose of this rule, any change in a substance which does not change the properties of the substance. Such changes include but are not limited to crushing, grinding, drying, change of state and sizing.
2.28. “Plant” means and includes all equipment, grounds, source operations and any manufacturing processes utilized in an integral complex.
2.29. “Poling” shall mean pushing a log timer into the furnace taphole to clear slag from the furnace tapping channel associated with operation of a ferroalloy electric submerged arc furnace.
2.30. “Potential To Emit”, for the purpose of subsections 10.5 and 10.6, means the maximum capacity of a source, on an hourly and annual basis, to emit any air pollutant(s) under its physical and operational design, prior to any air pollution control equipment.
2.31. “Process Weight” means that total weight of all materials introduced into a source operation, excluding solid, liquid and gaseous fuels used solely as fuels, and excluding all process and combustion air.
2.32. “Process Weight Rate” means a rate established as follows:
2.32.1. For continuous or long-run steady-state source operations, the total process weight for the entire period of continuous operation or for a typical portion thereof, divided by the number of hours of such period or portion thereof.
2.32.2. For cyclical or batch unit operations, or unit processes, the total process weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period.
2.32.3. Where the nature of any process or operation or the design of any equipment is such as to permit more than one interpretation of this definition, the interpretation that results in the minimum value for allowable emission shall apply.
2.33. “Pushing Emissions” means any smoke and/or particulate matter emissions resulting from the pushing operation.
2.34. “Pushing Operation” means the removal of coke from a coke oven and shall begin when the coke mass starts to move and shall continue until the coke transfer car enters the quenching station.
2.35. “Quenching Emissions” means any smoke and/or particulate matter emissions resulting from the quenching operation.
2.36. “Quenching Operation” means the process by which the combustion of hot coke is stopped by application of water or any other procedure achieving the same effect.
2.37. “Secretary” means the Secretary of the Department of Environmental Protection or such other person to whom the Secretary has delegated authority or duties pursuant to W.Va. Code §§22-1-6 or 22-1-8.
2.38. “Shutdown” means the cessation of operation of a source subject to this rule for any reason, unless otherwise defined in a permit creating an alternative emission limitation.
2.39. “Smoke” means small gasborne and airborne particulate matter emitted in sufficient numbers to be visible.
2.40. “Source Operation” means the last operation in a manufacturing process preceding the emission of air contaminants which operation:
2.40.1. Results in the separation of air contaminants from the process materials or in the conversion of the process materials into air contaminants; and
2.40.2. Is not an air pollution abatement operation.
2.41. “Source Operation Type” means a categorization established as follows:
2.41.1. Type 'a' means any manufacturing process source operation involving glass melting, calcination or physical change except as noted in Type 'c' below.
2.41.2. Type 'b' means any metallurgical manufacturing process source operation. Gray iron cupolas located in the counties of Brooke, Hancock, Ohio, Marshall and Kanawha; and the Magisterial Districts of Valley (Fayette County), Scott and Pocatalico (Putnam County), Tygart (Wood County) and Union and Winfield (Marion County west of I-79) shall be classified as Type 'b' source operations.
2.41.3. Type 'c' means any wet cement manufacturing process source operation which is used for the primary purpose of calcination. Gray iron cupolas located in the areas of the state other than those defined in subsection 2.39.b shall be classified as Type 'c' source operations.
2.41.4. Type 'd' means any manufacturing process source operation in which materials of any origin undergo a chemical change, and this chemical change results in the emission of particulate matter to the atmosphere, unless otherwise classified.
2.41.5. Where the nature of any process or operation or the design of any equipment is such as to permit more than one interpretation of source operation type, the interpretation of the Secretary shall apply.
2.42. “Stack”, for the purpose of this rule, means, but is not limited to, any duct, control equipment exhaust or similar apparatus, which is designed to vent gases containing particulate matter into the open air.
2.43. “Standard Conditions” means, for the purposes of this rule, a temperature of 68 degrees F and a pressure of 29.92 inches of mercury column.
2.44. “Startup” means the setting in operation of a source subject to this rule for any reason, unless otherwise defined in a permit creating an alternative emission limitation.
2.45. “Tapping” means the removal of product and slag from a ferroalloy electric submerged arc furnace under normal operating conditions, such as removal of metal under normal pressure and movement by gravity down the spout into a ladle.
2.46. “Topside Emissions” means any smoke and/or or particulate matter emissions or both from one or more points on the topside of a coke oven battery excluding charging emissions.
2.47. “Transport Emissions” means any smoke and/or or particulate matter emissions which are emitted once the transport of the hot coke begins during the pushing operation and continues until the coke transfer car enters the quenching station.
2.48. 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..
W. Va. Code R. § 45-7-3 Emission of Smoke and/or Particulate Matter Prohibited and Standards of Measurement
3.1. No person shall cause, suffer, allow or permit emission of smoke and/or particulate matter into the open air from any process source operation which is greater than 20 percent opacity, except as noted in subsections 3.2, 3.3, 3.4, 3.5, 3.6, and 3.7.
3.2. The provisions of subsection 3.1 shall not apply to smoke and/or particulate matter emitted from any process source operation which is less than 40 percent opacity for any period or periods aggregating no more than 5 minutes in any 60 minute period.
3.3. Reserved.
3.4. New By-Product Coke Production Facility. No person shall cause, suffer, allow or permit the emission of smoke and/or particulate matter into the open air in excess of the following provisions from the operation of a new by-product coke production facility, other than a replacement by-product coke production facility that is constructed as per the provisions of subsection 3.3, that begins production after July 1, 1970:
3.4.1. Charging emissions from the charging of any 4 consecutive ovens shall not exceed an aggregate time of more than 60 seconds.
3.4.2. Pushing emissions from pushing shall be vented into air pollution control equipment. The particulate matter emissions discharged from this air pollution control equipment shall not exceed a mass emission rate of 0.04 lb/ton of coal charged. The smoke and/or particulate matter emissions discharged from this air pollution control equipment and non-captured pushing emissions shall not exceed 20% opacity.
3.4.3. Transport emissions from an enclosed quench car shall not exceed 20% opacity. Transport emissions from an open quench car shall not exceed 10% opacity.
3.4.4. Coke side sheds and similar structures used to capture pushing and/or quenching emissions shall be designed and operated so as to prevent the escape of smoke and/or particulate matter emissions from points other than the stack of the air pollution control equipment.
3.4.5. Coke oven topside emissions shall not exceed the following:
3.4.5.a. No more than 2% of the charging ports or charging port lids shall have smoke and/or particulate matter emissions excluding the last oven charged.
3.4.5.b. No more than 5% of the offtake piping shall have smoke and/or particulate matter emissions.
3.4.5.c. No smoke and/or particulate matter emissions are permitted from the coke oven gas collector main or any other topside point, except as provided by paragraphs 3.4.5.a and 3.4.5.b.
3.4.6. No more than 8% of the door areas of operating coke ovens shall have door area emissions, excluding the door areas representing the last oven charged. Any battery affected by subsection 3.4 shall be constructed in a manner that will allow for the retrofitting of the battery with hooding to capture door emissions and air pollution control equipment designed to at least a 90% particulate control efficiency.
3.4.7. Quench towers shall employ, as a minimum, multiple row baffles and use make-up water not to exceed 800 milligrams per liter of total dissolved solids and 100 milligrams per liter of total suspended solids.
3.4.8. Smoke and/or particulate matter emissions from combustion stacks shall meet the requirements of subsections 3.1 and 3.2 and shall not exceed a grain loading of 0.025 grains per dry standard cubic foot.
3.4.9. Good operating practices must be maintained to prevent the atmospheric entrainment of particulate matter resulting from the spillage or other deposition of coal/coke.
3.5. Non-Recovery Coke Production Facility -- No person shall cause, suffer, allow or permit the emission of smoke and/or particulate matter into the open air in excess of the following provisions from the operation of a non-recovery coke production facility:
3.5.1. Charging emissions from charging of any 5 consecutive ovens shall not exceed an aggregate time of more than 50 seconds.
3.5.2. No more than 2% of the coal charging ports shall have smoke and/or particulate matter emissions.
3.5.3. No more than 2% of the coke oven doors. shall have smoke and/or particulate matter emissions excluding the ovens being charged and/or pushed.
3.5.4. Pushing emissions shall be vented to air pollution control equipment. The particulate matter emissions from this air pollution control equipment shall not exceed a mass emission rate as determined by the following formula:
E=C.09
E = particulate emission rate in pounds per push and C = actual charge of coal in tons per oven.
3.5.4.a. The smoke and/or particulate matter emissions discharged from the air pollution control equipment and non-captured pushing emissions shall not exceed 20% opacity.
3.5.5. Transport emissions from an enclosed quench car shall not exceed 20% opacity. Transport emissions from an open quench car shall not exceed 10% opacity.
3.5.6. Coke side sheds and similar structures used to capture pushing and/or quenching emissions, shall be designed and operated so as to prevent the escape of smoke and/or particulate matter emissions from points other than the stack of the air pollution control equipment.
3.5.7. Quench towers shall employ as a minimum, multiple row baffles and use make-up water not to exceed 800 milligrams per liter of total dissolved solids and 100 milligrams per liter of total suspended solids.
3.5.8. Smoke and/or particulate matter from the combustion stack shall meet the requirements of subsections 3.1 and 3.2. The particulate matter emissions rate from combustion stacks shall not be greater than 0.060 grains per dry standard cubic foot or 1.0 lb/ton of coal charged, whichever is most restrictive.
3.5.9. Good operating practices must be maintained to prevent the atmospheric entrainment of particulate matter resulting from the spillage or other deposition of coal and/or coke.
3.6. Basic Oxygen Roof and Blast Furnace Cast House Roof Monitors. -- The provisions of subsections 3.1 or 3.2 shall not apply to smoke and/or particulate matter emitted from the roof monitor(s) of a basic oxygen process or from a blast furnace cast house. The following provisions will apply:
3.6.1. Visible emissions from a basic oxygen process roof monitor shall not exceed 20% opacity except for a period or periods aggregating no more than 3 minutes in any 60 minute period where the average opacity for the aggregated period shall not exceed 40% opacity.
3.6.2. Visible emissions from a blast furnace cast house shall not exceed 20% opacity except for a period or periods aggregating no more than 5 minutes in any 60 minute period where the average opacity for the aggregated period shall not exceed 40% opacity.
3.7. No person shall cause, suffer, allow or permit visible emissions from any storage structure(s) associated with any manufacturing process(es) that pursuant to subsection 5.1 is required to have a full enclosure and be equipped with a particulate matter control device.
W. Va. Code R. § 45-7-4 Control and Prohibition of Particulate Emissions by Weight from Manufacturing Process Source Operations
4.1. No person shall cause, suffer, allow or permit particulate matter to be vented into the open air from any type source operation or duplicate source operation, or from all air pollution control equipment installed on any type source operation or duplicate source operation in excess of the quantity specified under the appropriate source operation type in Table 45-7A found at the end of this rule.
4.2. Mineral acids shall not be released from any type source operation or duplicate source operation or from all air pollution control equipment installed on any type source operation or duplicate source operation in excess of the quantity given in Table 45-7B found at the end of this rule.
4.3. No person shall circumvent the provisions of this rule by adding additional gas to any exhaust or group of exhausts for the purpose of reducing the stack gas concentration.
4.4. If a duplicate source operation that meets the requirements of this rule is expanded or if a source operation that meets the requirements of this rule is expanded to form a duplicate source operation, the total allowable emission rate for the expanded portion shall be determined by the following formula:
Re is the total allowable emission rate in pounds per hour for the new expanded portion of the duplicate source operation;
Wet is the total operating process weight rate in pounds per hour of the source operation or duplicate source operation prior to expansion plus the operating process weight rate of the new expanded portion;
Ret is allowable emission rate in pounds per hour found in subsection 4.1 opposite the process weight rate, Wet; and We is the operating process weight rate in pounds per hour for the new expanded portion.
4.5. Separate stack emission rates for the new expanded portions of concern in subsection 4.4 shall be calculated as per subsection 4.9. The applicable stack emission rate(s) so calculated shall be additive with the existing emission rate for any stack used to vent both an existing source operation or duplicate source operation(s) and addition(s) or portion(s) thereof.
4.6. The operating process weight for new plants which will contain duplicate source operations shall include the total process weight of those duplicate units to be installed during the initial 5 year operating period.
4.7. Except as noted in subdivisions 4.7.1 through 4.7.3, the increase of the operating process weight rate of any manufacturing process source operation or duplicate source operation by the operation of new, replacement, reactivated and/or altered source operation(s) shall be considered as an expansion and the allowable emission rates from the source operation(s) which resulted in the increase shall be determined as per subsection 4.4.
4.7.1. Type 'b' duplicate source operations whose air pollution control equipment efficiency is a minimum of 99% by weight and whose total process weight rate is less than 250,000 pounds per hour shall be exempted from the requirements of subsection 4.1provided that smoke emitted into the open air from any such duplicate source operation is less than 20% opacity. If a duplicate source operation is expanded by the addition of a new source operation(s) and the total operating process weight rate is then greater than 250,000 pounds per hour, the allowable emission rates from the source operation which resulted in the increase above 250,000 pounds per hour shall be determined as per subsection 4.4.
4.7.2. Primary aluminum reduction potlines which are equipped with a fluidized bed reactor or other similar gas cleaning device which utilizes particulate matter as a media or as a component of a media for collecting or reducing the emissions of gaseous fluorides, shall be exempted from the requirements of subsections 4.1 and 4.4 provided that:
4.7.2.a. At least 99% of the gaseous fluoride is removed from the exit gas stream by such device prior to discharging the cleaned gas stream to the open air;
4.7.2.b. The particulate matter loading in the exit gas stream is not greater than 0.01 grains per standard cubic foot of dry stack gas; and
4.7.2.c. The smoke emitted into the open air from any such duplicate source operation is less than 20% opacity. If a duplicate source operation is expanded by the addition of new source operation(s) and the total operating process weight rate is then greater than 250,000 pounds per hour, the allowable emission rates from the source operation which resulted in the increase above 250,000 pounds per hour shall be determined as per subsection 4.4.
4.7.3. The emissions of gaseous fluorides and particulate fluorides from prebake cells within an existing primary aluminum plant in operation on or before January 26, 1976, shall be controlled by a system for continuous emission reduction which system shall achieve at least 90% fluoride emissions capture efficiency through its primary collection system and at least 99% fluoride emissions removal efficiency through its primary removal system; and
4.7.4. Anode butts from such a plant which are recycled in an on-site anode bake plant shall be cleaned as necessary to minimize adherent fluoride bearing bath material.
4.8. Where more than one source operation or combinations thereof, which are part of a duplicate source operation, are vented through separate stacks, the allowable stack emission rates for the separate stacks shall be determined by the following formula:
Rs is the allowable stack emission rate for the separate stack venting the source operation(s) in question;
Rt is the total allowable emission rate for the duplicate source operation;
Ws is the operating process weight rate for the source operation(s) vented through the separate stack; and Wt is the total operating process weight rate for the duplicate source operation.
4.9. The provisions of subsections 4.1, 4.4 and 4.8 shall not apply to the coking of coal.
4.10. The provisions of subsection 4.1 shall not apply to sinter processes, basic oxygen processes, blast furnace cast house operations, machine scarfing operations and hot metal transfer operations employed in the manufacturing of steel. The following provisions shall apply:
4.10.1. Particulate matter emissions shall not exceed a concentration of 0.030 grains per dry standard cubic foot from a sinter strand windbox.
4.10.2. Particulate matter emissions shall not exceed a concentration of 0.020 grains per dry standard cubic foot from a sinter strand discharge.
4.10.3. Particulate matter emissions shall not exceed a concentration of 0.020 grains per dry standard cubic foot from the entry and exit ends of a sinter cooler.
4.10.4. Particulate matter emissions from the stack of the main (primary) air pollution control equipment of a basic oxygen process, including emissions from fuel firing in an integral waste heat boiler, shall not exceed 0.11 lbs/ton of steel produced.
4.10.5. Particulate matter emissions from basic oxygen process secondary air pollution control equipment shall not exceed a concentration of 0.020 grains per dry standard cubic foot. The air pollution control device shall capture and control emissions from hot metal and scrap charging, tapping, turndown, slagging and as required to control slopping emissions.
4.10.6. Particulate matter emissions from any blast furnace cast house air pollution control equipment shall not exceed a concentration of 0.020 grains per dry standard cubic foot.
4.10.7. Particulate matter emissions shall not exceed a concentration of 0.040 grains per dry standard cubic foot from hot metal transfer from torpedo car to BOF charging ladle during periods when hot metal transfer is actually performed.
4.10.8. Particulate matter emissions shall not exceed a concentration of 0.030 grains per dry standard cubic foot from a machine scarfing operation during periods in which scarfing is being performed.
4.11. The provisions of subsections 4.1, 4.4 and 4.8 shall not apply to petroleum coke calcining kilns in existence on April 1, 1982, provided that particulate matter vented into the open air from each kiln, measured in pounds per hour, shall not exceed the amounts as determined by the following formulas:
4.11.1. When manufacturing regular (amorphous) coke:
E=3.64P0.67
E = allowable emission rate and P = the process weight rate in tons per hour, provided, however, that no kiln manufacturing regular (amorphous) coke shall exceed a maximum emission rate of 50 pounds per hour.
4.11.2. When manufacturing graphite (crystalline) coke:
E=16.89P0.67
E = allowable emission rate in pounds per hour, and P = process weight rate in tons per hour, provided, however, that no kiln manufacturing graphite (crystalline) coke shall exceed a maximum emissions rate of 200 pounds per hour.
4.11.3. Provided further that each such kiln is equipped with an incinerator that will be operated at a temperature of not less than 1600 degrees F and have a residence time of 12 seconds or longer when calcining regular coke and 24 seconds or longer when calcining graphite coke, and provided further that, in the event a plant has more than one kiln, such plant shall be operated so that only 1 of such kilns shall calcine graphite coke at any one time.
4.12. Any stack serving any process source operation or air pollution control equipment on any process source operation shall contain flow straightening devices or a vertical run of sufficient length to establish flow patterns consistent with acceptable stack sampling procedures.
4.13. Potential Hazardous Material Emissions. -- Persons responsible for manufacturing process source operations from which hazardous particulate matter material may be emitted such as, but not limited to, lead, arsenic, beryllium and other such materials shall give the utmost care and consideration to the potential harmful effects of the emissions resulting from such activities. Evaluations of these facilities as to adequacy, efficiency and emission potential will be made on an individual basis by the Secretary working in conjunction with other appropriate governmental agencies.
4.14. Reserved.
W. Va. Code R. § 45-7-5 Control of Fugitive Particulate Matter
5.1. No person shall cause, suffer, allow or permit any manufacturing process or storage structure generating fugitive particulate matter to operate that is not equipped with a system, which may include, but not be limited to, process equipment design, control equipment design or operation and maintenance procedures, to minimize the emissions of fugitive particulate matter. To minimize means such system shall be installed, maintained and operated to ensure the lowest fugitive particulate matter emissions reasonably achievable.
5.2. The owner or operator of a plant shall maintain particulate matter control of the plant premises, and plant owned, leased or controlled access roads, by paving, application of asphalt, chemical dust suppressants or other suitable dust control measures. Good operating practices shall be implemented and when necessary particulate matter suppressants shall be applied in relation to stockpiling and general material handling to minimize particulate matter generation and atmospheric entrainment.
5.3. The provisions of subsections 3.1, 3.2, and 5.1 shall not apply to particulate matter emitted from the operation of a ferroalloy electric submerged arc furnace in existence prior to June 1, 1993 during blowing taphole events, poling and oxygen lancing operations. Poling emissions shall not exceed 5 minutes in duration during any poling operation.
W. Va. Code R. § 45-7-6 Registration
6.1. All persons owning and/or operating an existing manufacturing process source operation not previously registered shall register such source operation with the Secretary. The information required for registration shall be determined by the Secretary, and shall be provided in the manner specified by the Secretary.
W. Va. Code R. § 45-7-7 Permits
7.1. No person shall construct, modify or relocate any manufacturing process source operation without first obtaining a permit in accordance with the provisions of W. Va. Code §22-5-1 et seq., and series 13, 14, 19 and 30 of Title 45.
W. Va. Code R. § 45-7-8 Reporting and Testing
8.1. At such reasonable times as the Secretary may designate, the operator of any manufacturing process source operation may be required to conduct or have conducted stack tests to determine the particulate matter loading in exhaust gases. Such tests shall be conducted in such manner as the Secretary may specify and be filed on forms and in a manner acceptable to the Secretary. The Secretary may at his option witness or conduct such stack tests. Should the Secretary exercise his option to conduct such tests, the operator will provide all the necessary sampling connections and sampling ports to be located in such manner as the Secretary may require, power for test equipment and the required safety equipment such as scaffolding, railings and ladders to comply with generally accepted good safety practices.
8.2. The Secretary may conduct such other tests as he or she may deem necessary to evaluate air pollution emissions.
W. Va. Code R. § 45-7-9 Reserved
W. Va. Code R. § 45-7-10 Exemptions
10.1. Provisions of this rule shall not apply to particulate matter emissions regulated by Title 45, Series 2, 3, and 5 or to mobile internal combustion engines and aircraft.
10.2. Fugitive particulate matter emissions from any manufacturing processes and associated operations which are subject to this rule shall be exempt from the provisions of 45CSR17, 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.
10.3. Reserved.
10.4. Reserved.
10.5. The owner or operator of a manufacturing process shall be exempt from subsection 4.1 for source(s) of emissions that have a potential to emit less than 1 pound per hour of particulate matter and an aggregate of less than 1000 pounds per year for all such sources of particulate matter located at the stationary source. Particulate matter, for the purposes of this subsection, will not include particulate matter classified as hazardous air pollutants pursuant to 42 U.S.C. §7412(b) the federal Clean Air Act §112(b).
10.6. The owner or operator of a manufacturing process shall be exempt from subsection 4.2 for source(s) of emissions that have a potential to emit less than one tenth of a pound (0.1) per hour of mineral acids and an aggregate of less than 100 pounds per year for all sources of mineral acids located at the stationary source. The Secretary may approve in a permit or consent order an alternative exemption from subsection 4.2 for source(s) of emissions that can demonstrate on a case-by-case basis that their emissions are insignificant.
10.7. Notwithstanding any other provisions in this rule, the Secretary may revoke any and all exemptions, except for subsections 10.1 and 10.2. The Secretary shall notify the affected source(s) in writing that an exemption will be revoked, effective date thereof, and the reasons therefore.
W. Va. Code R. § 45-7-11 Alternative Emission Limits for Duplicate Source Operations
11.1. The owner or operator of a duplicate source operation subject to section 4 which has individual source operations discharging through separate stacks, may petition the Secretary to approve individual stack allowable emission rates differing from the proration calculated under subsection 4.8. The Secretary may approve such request in accordance with subsections 11.2 and 11.3 provided that there shall be no increase in the total allowable emissions from the duplicate source operation as previously provided under section 4. The Secretary shall not approve a relaxation of a technology-based emission limitation for a specific unit or stack within a duplicate source operation that has been established pursuant to any other rule nor shall the Secretary approve a relaxation in emission limits previously established for the purpose of avoiding the permitting requirements of 45CSR14 or 45CSR19.
11.2. A request for approval of alternative individual stack allowable emission rates made to the Secretary pursuant to subsection 11.1 shall be filed as an application for an existing stationary source operating permit as provided under 45CSR13 and shall contain such information as the Secretary deems necessary for acting upon the request. Such information shall include, but not be limited to, an air quality impact analysis demonstrating that the alternative emission rates would not cause or contribute to a violation of any federal or state ambient air quality standard or any applicable maximum allowable increase over the baseline concentration of particulate matter in the area affected by the duplicate source operation.
11.3. Any approval of alternative allowable emission rates by the Secretary pursuant to subsections 11.1 and 11.2 shall be embodied in a permit issued as an existing stationary source operating permit in accordance with 45CSR13.
W. Va. Code R. § 45-7-12 Alternative Emission Limitations for Startup or Shutdown
12.1. Any owner or operator that cannot comply with the emission limitations established in section 3 through 6 during periods of startup or shutdown shall request an alternative emission limitation pursuant to 45CSR1.
W. Va. Code R. § 45-7-13 Inconsistency Between Rules
13.1. In the event of any inconsistency between this rule and any other existing rule of the Division of Air Quality, such inconsistency shall be resolved by the determination of the Secretary and such determination shall be based upon the application of the more stringent provision, term, condition, method or rule.
W. Va. Code R. § 45-7-14 Disposition of Rule; Severability
14.1. 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.
14.2. 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.
14.3. 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.
14.4. 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 § 45-7-12.1 and revert to the August 31, 2000 requirements found at §§ 45-7-9.1, -10.3, and -10.4.
Table 45-7A.
Operating Source Operation or Total Duplicate Source Operation Process Weight Rate in Pounds Per Hour1 Type ‘a’ Type ‘b’ Type ‘c’ Type ‘d’2 2,500 0.2 5,000 0.8 10,000 1.8 20,000 4.0 30,000 6.2 40,000 8.3 50,000 10.5 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 1,800,000 and above 1. For a process weight between any two consecutive process weights stated in this table, the emission limitation shall be determined by linear interpolation.
- Type 'd' source operation stack emission rates do not apply to mineral acids. See subsection 4.2.
Table 45-7B Mineral Acid Allowable stack gas concentration in milligrams per dry cubic meter at standard conditions from source operations or duplicate source operations in existence on July 1, 1970 Allowable stack gas concentration in milligrams per dry cubic meter at standard conditions from source operations or duplicate source operations installed after July 1, 1970 Sulfuric Acid Mist Nitric Acid Mist and/or Vapor Hydrochloric Acid Mist and/or Vapor Phosphoric Acid Mist and/or Vapor
Series 07A Compliance Test Procedures For 45 CSR 7 - To Prevent And Control Particulate Air Pollution from Manufacturing Process Operations
W. Va. Code R. § 45-7A-1 General
1.1. Scope. -- It is the intent and purpose of this procedural rule to establish test procedures to determine compliance with 45CSR7 - "To Prevent and Control Particulate Air Pollution From Manufacturing Process Operations".
1.2. Authority. -- W. Va. Code ''22-5-1 et seq, 29A-1-2(g); and WV45CSR7.
1.3. Filing Date. -- December 22, 1998.
1.4. Effective Date. -- February 1, 1999.
W. Va. Code R. § 45-7A-2 Visible Emission Test Procedures. 2.1
2.1.a. Tests to determine compliance with the visible emission standards of sections 3.1., 3.2., 3.3.b., 3.3.c., 3.4.b., 3.4.c., 3.5.d., 3.5.e., and 3.6. of 45CSR7 shall be determined in accordance with the following:
2.1.a.1. The opacity or Ringelmann number of emissions from manufacturing process operations shall be determined visually by a qualified observer.
2.1.a.2. The observer qualified in accordance with section 2.1.a.3. shall use the following procedures for visually determining the opacity or Ringelmann numbers of emissions unless otherwise specified under sections 2.1.b. through 2.1.f.
2.1.a.2.A. The qualified observer shall stand at a distance sufficient to provide a clear view of the emissions with the sun oriented in the 140 degree sector to his back. Consistent with maintaining the above requirement, the observer shall, as much as possible, make his observations from a position such that his line of vision is approximately perpendicular to the plume direction, and when observing opacity of emissions from rectangular outlets (e.g. roof monitors, open baghouses, noncircular stacks), approximately perpendicular to the longer axis of the outlet. The observer's line of sight should not include more than one plume at a time when multiple stacks are involved, and in any case the observer should make his observations with his line of sight approximately perpendicular to the longer axis of such a set of multiple stacks (e.g. stub stacks on baghouses).
2.1.a.2.B. The observer shall record the name of the plant, emission location, type facility, observer's name and title, and the date on a field data sheet. The time, estimated distance to the emission location, approximate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds), and plume background are recorded on a field data sheet at the time opacity readings are initiated and completed.
2.1.a.2.C. Opacity observations shall be made at the point of greatest opacity in that portion of the plume where condensed water vapor is not present. The observer shall not look continuously at the plume, but instead shall observe the plume momentarily at fifteen (15) second intervals.
2.1.a.2.C.1. When condensed water vapor is present within the plume as it emerges from the emission outlet, opacity observations shall be made beyond the point in the plume at which condensed water vapor is no longer visible. The observer shall record the approximate distance from the emission outlet to the point in the plume at which the observations are made.
2.1.a.2.C.2. When water vapor in the plume condenses and becomes visible at a distinct distance from the emission outlet, the opacity of emissions should be evaluated at the emission outlet prior to the condensation of water vapor and the formation of the steam plume.
2.1.a.2.D. The minimum number of observations which must be taken is to be determined in accordance with sections 2.1.b. through 2.1.f.
2.1.a.3. Observers shall be certified in accordance with 40 CFR, Part 60, Appendix A, Method 9, Section 3, as published on July 1, 1997.
2.1.b. Compliance with the visible emission standards of sections 3.1. and 3.2. of 45CSR7 shall be determined in accordance with the following:
2.1.b.1. Each visible emission observed shall be deemed to represent the visible emissions for a fifteen (15) second period.
2.1.b.2. Visible emissions observations shall not be averaged.
2.1.c. Compliance with visible emissions standards of sections 3.3. and 3.4. of 45CSR7 for by-product coke production facilities shall be determined in accordance with the following:
2.1.c.1. Charging.
Observation of charging emissions shall be made from any point or points on the topside of a coke oven battery from which an observer can obtain an unobstructed view of the charging operation. The observer shall determine and record the total number of seconds that charging emissions are visible during the charging of coal to the coke oven. The observer shall time the visible charging emissions with a stopwatch while observing the charging operation. Simultaneous emissions from more than one emission point shall be timed and recorded as one emission and shall not be added individually to the total time. Charging emissions include any emissions observed after all the charging port covers have been firmly seated following the removal of the larry car, such as emissions occurring when a cover is briefly removed to permit the sweep-in of spilled coal. The total number of seconds of visible emissions observed, clock time for the initiation and completion of the charging operation, battery identification and oven number for each charge shall be recorded by the observer. In the event that observations of emissions from a charge are interrupted due to events beyond the control of observer, the data from that charge shall be invalidated and the observer shall note on his observation sheet the reason for invalidating the data. The observer shall then resume observation of the next consecutive charge or charges and continue until he has obtained a set of consecutive charges for comparison with the emission standard. The charge immediately preceding the interrupted charge and the charge immediately following the interrupted charge shall constitute consecutive charges. Compliance shall be determined by summing the seconds of charging emissions observed during all combinations of the four consecutive charges, as appropriate. Any one charge may be included in only one set of consecutive charges.
2.1.c.2. Doors.
Observations of door area emissions shall be made from a minimum distance of twenty-five (25) feet from each door. Each door shall be observed in sequence for only that period necessary to determine whether or not, at the time, there are visible emissions from any point on the door while the observer walks along the side of the battery. If the observer's view of a door area is more than momentarily obstructed, as, for example, by door machinery, pushing machinery, coke guide, luter truck, or opaque steam plumes, he shall record the door obstructed and the nature of the obstruction and continue the observations with the next door area in sequence which is not obstructed. The observer shall continue this procedure along the entire length of the battery for both sides and shall record the battery identification, battery side and oven door identification number of each door area exhibiting visible emissions. Before completing the traverse or immediately thereafter he shall attempt to observe those doors which were obstructed from view previously. Compliance with this section shall be calculated by application of the following formula which excludes two door areas representing the last oven charged from the numerator and obstructed door areas from the denominator: a-2 -------- x 100 = _________% b-c Where, a= # of door areas in operating ovens with visible emissions b= # of door areas on operating ovens in the battery c= # of door areas obstructed from view Doors under a shed are considered obstructed doors and must be excluded from the denominator of the formula.
2.1.c.3. Topside.
2.1.c.3.A. Charging Ports.
Observations of any visible emissions from the charging ports shall be made and recorded during the time an observer walks the topside of a battery from one end to the other. Each oven shall be observed in sequence. The observer may also observe offtake piping leaks during this traverse of the battery. The observer shall record the battery identification, the points of emissions from each oven, the oven number and whether an oven was dampered off. Compliance shall be determined by application of the following formula which excludes the charging ports representing the last oven charged from the numerator and charging ports on operating dampered off ovens with visible emissions not to exceed three (3) ovens from both the numerator and the denominator:
(a)-(b + c) -------------- x 100 = _______% d-c Where, a= # of charging ports on operating ovens with visible emissions b= # of charging ports on last oven charged with visible emissions c= # of charging ports on operating dampered off ovens with visible emissions not to exceed three (3) ovens d= # of charging ports on operating ovens
2.1.c.3.B. Offtake Piping.
Observations of any visible emissions from the offtake piping shall be made traversing the topside of the battery near the centerline. During the traverse, the observer may stray from near the centerline of the battery and walk as close as possible to the offtake piping to determine whether an observed emission is emanating from the offtake piping. The observer shall traverse the battery once per each collector main. Therefore, to observe a battery with two collector mains, one observer may traverse the battery in one direction for one offtake system and traverse the battery in the other direction for the second offtake system or two observers can traverse in sequence. An observer may also observe charging port emissions during this traverse of the battery. The observer shall record the battery identification, the points of offtake piping emission from any oven, the oven number and whether an oven was dampered off. Compliance shall be determined by application of the following formula which excludes the offtake piping on operating dampered off ovens with visible emissions, not to exceed three (3) ovens, from both the numerator and the denominator: a-b --------- x 100 = _______% c-b Where, a= # of offtake piping with visible emissions on operating ovens b= # of offtake piping with visible emissions on operating dampered off ovens not to exceed three (3) ovens c= # of offtake piping on operating ovens
2.1.c.4. Pushing.
2.1.c.4.A. Visible emissions from the pushing operation shall be determined in accordance with the following:
2.1.c.4.A.1. In making observations of any pushing emission control device outlet, the observer shall be positioned in accordance with section 2.1.a.2.A., except that if the sky is overcast the observer need not position himself with his back to the sun.
2.1.c.4.A.2. The average of six (6) consecutive observations beginning with the movement of coke into the coke guide shall be used to determine the visible emissions from each pushing operation. In the event that six (6) readings cannot be obtained during the pushing operation, the compliance determination shall be based upon the number of readings that can be recorded. An average opacity of the readings obtained during the pushing operation in excess of twenty percent (20%) shall constitute a violation for that pushing operation.
2.1.c.4.A.3. Any observation recorded during the transport of hot coke in an enclosed quench car that exceeds twenty percent (20%) opacity shall constitute a violation. Any observation recorded during the transport of hot coke in an unenclosed quench car that exceeds ten percent (10%) opacity shall constitute a violation. Additional observations beyond the first recorded observation to exceed twenty percent (20%) opacity in the case of an enclosed quench car or ten percent (10%) opacity in the case of an unenclosed quench car shall not constitute additional violations during one pushing operation, but shall constitute evidence of the gravity of the individual violation during that pushing operation. Transport emissions shall be considered to occur when the quench car begins to move toward the quench tower after the coke mass ceases to fall into the quench car.
2.1.c.4.B. In viewing the pushing operation, the observer shall stand on the coke side of the battery where a clear view of the push can be obtained. This generally should be a location on the ground, in the coke side yard, outside the hot car tracks. The observer is not restricted to the ground level, but may make the observation from some elevated level. The observer's line of sight should be approximately perpendicular to the line of travel of the quench car.
2.1.c.4.C. During the pushing operation, the reader(s) shall observe all the pushing emissions including, but not limited to, uncaptured emissions from the cokeguide and pushing emission control device, stack emissions, and uncaptured emissions from quench cars.
2.1.d. Compliance with the visible emission standards of section 3.5 of 45CSR7 for non-recovery coke production facilities shall be determined in accordance with the following:
2.1.d.1. Charging.
Observation of charging emissions shall be made from any point or points near or on the coke oven battery from which an observer can obtain an unobstructed view of the charging operation. The observer shall determine and record the total number of seconds that charging emissions are visible during the charging of coal to the coke oven. The observer shall time the visible charging emissions with a stopwatch while observing the charging operation. Simultaneous charging emissions from more than one emission point, other than the battery stack, shall be timed and recorded as one emission and shall not be added individually to the total time. Charging emissions shall not include any emissions observed after all the charging port covers or oven doors have been firmly seated following completion of the charging and the removal of the oven charging machinery. The total number of seconds, of visible emissions observed, clock time for the initiation and completion of the charging operation, battery identification and oven number for each charge shall be recorded by the observer. In the event that observation of emissions from a charge are interrupted due to events beyond the control of observer, the data from that charge shall be invalidated and the observer shall note on his observation sheet the reason for invalidating the data.
The observer shall then resume observation of the next consecutive charge or charges and continue until he has obtained a set of consecutive charges for comparison with the emission standard. The charge immediately preceding the interrupted charge and the charge immediately following the interrupted charge shall constitute consecutive charges. Compliance shall be determined by summing the seconds of charging emission observed during all combinations of the five (5) consecutive charges, as appropriate. Any one charge may be included in only one set of consecutive charges.
2.1.d.2. Doors/charging Ports.
Each door or charging port shall be observed in sequence for only that period necessary to determine whether or not, at the time, there are visible emissions from the charging port or any point on the door while the observer walks along the side or top of the battery. If the observer's view of a charging port/door area is more than momentarily obstructed, as, for example, by door machinery, oven charging/machinery, or opaque steam plumes, he shall record the identification number of the charging port or door obstructed and the nature of the obstruction and continue the observations with the next charging port or door area in sequence which is not obstructed. The observer shall continue this procedure along the entire length of the battery, for both sides in the case of doors, and shall record the battery identification, battery side and oven door or charging port identification number of each door area or charging port exhibiting visible emissions. Before completing the traverse or immediately thereafter he shall attempt to observe those doors or charging ports which were obstructed from view previously.
Compliance with this section shall be calculated by application of the following formula: a -------- x 100 = _______% b-c Where, a= # of door areas or charging ports on operating ovens with visible emissions b= # of door areas or charging ports on operating ovens in the battery c= $ of door areas or charging ports obstructed from view Doors under a shed are considered obstructed doors and are to be excluded from the denominator of the formula.
2.1.d.3. Pushing.
2.1.d.3.A. Visible emissions from the pushing operation shall be determined in accordance with the following:
2.1.d.3.A.1. In making observations of any pushing emission control devices outlet, the observer shall be positioned in accordance with section 1(A) 2(a), except that if the sky is overcast the observer need not position himself with his back to the sun.
2.1.d.3.A.2. The average of six (6) consecutive readings beginning with the movement of coke into the coke guide shall be used to determine the visible emissions from each pushing operation. In the event that six readings cannot be obtained during the pushing operation, the compliance determination shall be based upon the number of readings that can be recorded. An average opacity of the readings obtained during the pushing operation in excess of twenty percent (20%) shall constitute a violation for that pushing operation.
2.1.d.3.A.3. Any observation recorded during the transport of hot coke in an enclosed quench car that exceeds twenty percent (20%) opacity shall constitute a violation. Any observation recorded during the transport of hot coke in an unenclosed quench car that exceeds ten percent (10%) opacity shall constitute a violation. Additional observations beyond the first recorded observation to exceed twenty percent (20%) opacity in the case of an enclosed quench car or ten percent (10%) opacity in the case of an unenclosed quench car shall not constitute additional violations during one pushing operation, but shall constitute evidence of the gravity of the individual violation during that pushing operation. Transport emissions shall be considered to occur when the quench car begins to move toward the quench tower after the coke mass ceases to fall into the quench car.
2.1.d.3.B. In viewing the pushing operation, the observer shall stand on the coke side of the battery where a clear view of the push can be obtained. This generally should be a location on the ground, in the coke side yard, outside the hot car tracks. The observer is not restricted to the ground level, but may make the observation from some elevated level. The observer's line of sight should be approximately perpendicular to the line of travel of the quench car.
2.1.d.3.C. During the pushing operation, the observer(s) shall observe all the pushing emissions including, but not limited to, uncaptured emissions from quench cars.
2.1.e. Compliance with the visible emission standards of section 3.6(a) of 45CSR7 for basic oxygen process roof monitors shall be determined in accordance with the following:
2.1.e.1. Averaging of visible emissions observations shall only be applied to visible emissions from the basic oxygen furnace building occurring during the three (3) minute exception period. Each opacity observation that is recorded shall be deemed to represent the opacity of emissions for a fifteen (15) second period. Only twelve (12) observations in any sixty (60) minute period shall exceed twenty percent (20%) opacity. Thirteen (13) observations recorded to be greater than twenty percent (20%) opacity in any sixty (60) minute period shall constitute a violation in and for that sixty (60) minute period. Additional observations beyond the thirteenth (13th) recorded to be greater than twenty percent (20%) opacity in any sixty (60) minute period shall not constitute additional violations, but shall constitute evidence of the gravity of the individual violation in that sixty (60) minute period. An average opacity of the highest twelve (12) observations for any sixty (60) minute period exceeding forty percent (40%) shall also constitute a violation in and for that sixty (60) minute period. Any observation may be counted in only one sixty (60) minute period. There may be only one violation per sixty (60) minute period.
2.1.e.2. If the sky is overcast, the observer need not follow the requirement about positioning his back to the sun.
2.1.e.3. If the source is emitting from the roof monitor and another point in the building, the reader may read the most opaque plume. If he reads the plume at a point other than the roof monitor, he shall follow the procedure set out above and he must note the location of the plume and its opacity on the observation sheet.
2.1.f. Compliance with the visible emission standards of section 3.6.b. of 45CSR7 for blast furnace casthouses shall be determined in accordance with the following:
2.1.f.1. Averaging of visible emissions observations shall only be applied to visible emissions from blast furnace casthouses occurring during the five (5) minute exception period. Each opacity observation that is recorded shall be deemed to represent the opacity of emissions for a fifteen (15) second period. Only twenty (20) observations in any sixty (60) minute period shall exceed twenty percent (20%) opacity. Twenty-one (21) observations recorded to be greater than twenty percent (20%) opacity in any sixty (60) minute period shall constitute a violation in and for that sixty (60) minute period. Additional observations beyond the twenty-first (21st) recorded to be greater than twenty percent (20%) opacity in any sixty (60) minute period shall not constitute additional violations, but shall constitute evidence of the gravity of the individual violation in that sixty (60) minute period. An average opacity of the highest twenty (20) observations in any sixty (60) minute period exceeding forty percent (40%)shall also constitute a violation in and for that sixty (60) minute period. Any observation may be counted in only one sixty (60) minute period. There may be only one violation per sixty (60) minute period.
2.1.f.2. If the sky is overcast,the observer need not follow the requirement about positioning his back to the sun.
2.1.f.3. If the source is emitting from the roof monitor and another point in the building or casthouse, the observer may read the most opaque plume. If he reads the plume at a point other than the roof monitor, the observer shall follow the procedure set out above and he must note the location of the plume and its opacity on the observation sheet.
W. Va. Code R. § 45-7A-3 Mass Emission Test Procedures
3.1. Compliance with the mass emission standards set forth in sections 3 and 4 of 45CSR7 shall be determined in accordance with the following:
3.1.a. Except as otherwise provided in section 3.1., stack testing to determine particulate mass emissions shall be performed using the methodology set forth in 40 CFR, Part 60, Appendix A, Methods 1 through 5, as published July 1, 1997, unless the Director determines that some aspect of the methods are not appropriate or adaptable to a particular manufacturing process source operation due to process parameters, access to test location, or other factors.
In the event that Methods 1-5 cannot be employed for a particular process operation, the Director may specify or approve alternative methods or variances to these reference methods that have been demonstrated to be equivalent. Such alternative methods may include the methodology set forth in 40 CFR, Part 60, Appendix A, Method 17, as published July 1, 1997.
3.1.a.1. Compliance shall be determined by taking the average of the mass emission rates determined from three (3) consecutive test runs conducted during a seven (7) day period.
3.1.a.2. Unless otherwise approved or specified by the Director, a minimum volume of thirty (30) standard cubic feet (SCF) of gas must be sampled per test run.
3.1.b. Unless otherwise approved or specified by the Director, all mass emission compliance tests shall be conducted during periods of maximum production rates and under conditions which are otherwise representative of normal operation. Maximum production rates shall be the maximum design capacity of the emitting source or unit, unless the Director has determined that the equipment can be and is routinely operated at production rates above the design rate or it is demonstrated to the satisfaction of the Director that the equipment cannot be operated at design capacity.
3.1.c. At least thirty (30) days prior to each compliance test, a test protocol must be furnished to the Director for his review and approval and providing as a minimum, the following information:
3.1.c.1. Identification and description of the process operation that is to be tested;
3.1.c.2. A discussion of the manner in which the process operation will be operated during the test periods with respect to production or process weight rates, representativeness of feed or raw materials to be used, operating temperatures, and other factors which may affect emissions;
3.1.c.3. A description or listing of process and control equipment data that will be monitored and recorded during the tests runs;
3.1.c.4. A description of test methods and equipment that will be employed with requests for approval of any variances to the reference test methods. If sampling is to be non-continuous as a result of the cyclical nature of the process or other factors, this must be fully described;
3.1.c.5. A drawing of the stack or duct sections where samples will be taken showing distances to upstream and downstream gas flow disturbances or bends and changes in duct or stack cross sections;
3.1.c.6. A drawing of the test plane(s) showing dimensions and number and location of sampling (traverse) points;
3.1.c.7. The sampling time at each traverse point and total sampling time for each test run. If the sampling time per traverse point is to be less than two minutes, comments must be written concerning the variability of gas flow and temperatures during the short sampling time and how the sampling rate will be monitored and adjusted to maintain isokinetic conditions;
3.1.c.8. The minimum volume (SCF) of gas that will be sampled per test run; and
3.1.c.9. Name of the person to contact concerning the scheduled tests and affiliation of personnel who will actually conduct the tests.
3.1.d. Notification of the dates upon which compliance testing will be conducted must be provided to the Director, in writing, no later than fifteen (15) days prior to the date of the first test run so that he may, at his option, have an observer present during the test runs and sample analyses. Sampling data, operating parameters and other information relevant to the emissions tests, are to be made available to the Director's test observers, on request, during the test periods. Any such data or other information so made available to the Director shall also be made available to the public in accordance with W.Va. Code ''22-5-1 et seq., 29B-1-1 et seq., and 45CSR31.
3.1.e. A compliance test report providing the following information and any additional information that the Director may require shall be submitted to the Director within sixty (60) days of the completion of the compliance testing.
3.1.e.1. General Information.
3.1.e.1.A. Plant name and location;
3.1.e.1.B. Units/stack tested;
3.1.e.1.C. Name and address of company performing the tests; and
3.1.e.1.D. Test dates and times.
3.1.e.2. Report Certification. The following persons shall certify that the test report contains true and accurate information:
3.1.e.2.A. Test team supervisor;
3.1.e.2.B. Reviewer of test report (if applicable); and
3.1.e.2.C. If test is performed by source owner, the report shall also be certified by plant manager or corporate official.
3.1.e.3. Test Summary.
3.1.e.3.A. Description of emissions sources/stacks tested;
3.1.e.3.B. Purpose of test;
3.1.e.3.C. Pollutants measured;
3.1.e.3.D. Process data;
3.1.e.3.D.1. Process and air pollution control equipment flow diagram;
3.1.e.3.D.2. Summary of process parameters including production rates, process weight rates and other relevant parameters measured and recorded and/or calculated for the test periods. Any calculations shall be attached to the report; and
3.1.e.3.D.3. Description of any unusual or non-typical operating mode, raw materials, fuels, etc. occurring or used during the tests.
3.1.e.4. Test Results.
3.1.e.4.A. Mass emission results with emissions reported in units of the applicable standard and in pounds per hour;
3.1.e.4.B. Visible emissions results, if applicable, as measured by observer or transmissometer. If observed by personnel from test company or plant, evidence of observer's certification shall be attached to the report;
3.1.e.4.C. Description of collected samples (if such information is deemed to be useful); and
3.1.e.4.D. Description and discussion of real or apparent errors involved in test or process measurements, analysis, etc.
3.1.e.5. Test Procedures.
3.1.e.5.A. Description of test equipment including drawing of sampling train;
3.1.e.5.B. Description of test procedures employed with detailed documentation of deviations from reference methods;
3.1.e.5.C. Description of analytical procedures employed with detailed documentation of deviations from reference methods;
3.1.e.5.D. Dimensioned drawing of sampling port location showing distances to upstream and downstream gas flow disturbances; and
3.1.e.5.E. Cross-sectional drawing of sampling plane showing location and numbers or other designations of sampling points.
3.1.e.6. Appendix.
3.1.e.6.A. Copies of original field data sheets from test runs;
3.1.e.6.B. Copies or original log sheets, strip charts and other process or control equipment data recorded during tests. These attachments shall be certified by a responsible plant official;
3.1.e.6.C. Laboratory report including chain of custody;
3.1.e.6.D. Description of test equipment calibration procedures and calibration results for test equipment used;
3.1.e.6.E. Description of calibration performed on devices recording important process data during the tests;
3.1.e.6.F. Copies of strip charts or other original outputs from continuous emission monitoring (CEM) equipment on the tested source and description of CEM system calibration and operation prior to and/or during tests;
3.1.e.6.G. Copies of relevant correspondence such as letters approving test method variances; and
3.1.e.6.H. Names and titles of persons involved in the test including sampling team members, company personnel, and outside observers.
3.1.f. The following provisions apply to compliance tests on pushing emissions control systems at by-product and non-recovery coke production facilities:
3.1.f.1. When testing pushing emissions control systems that capture/control emissions during hot coke transport, sampling shall start when the coke mass begins to move into the coke guide and shall stop when the hot coke transfer (quench) car enters the quench station.
3.1.f.2. When testing pushing emissions control systems that do not capture/control emissions during hot coke transport, sampling shall start when the coke mass begins to move into the coke guide and shall stop when either the hot coke transfer (quench) car has moved completely from under the hood or at the time the pushing emissions capture/control system ceases capturing emissions following completion of the transfer of hot coke from the oven to the hot coke transport (quench) car.
3.1.f.3. When mobile pushing emissions control devices are tested, a stainless steel probe, liner and filter holder may be used.
3.1.f.4. A cyclone may be used in the sampling train between the probe and filter holder.
3.1.g. The following provisions apply to compliance tests or primary system control device outlets of basic oxygen furnaces:
3.1.g.1. Each test run shall consist of sampling continuously during each of four (4) complete steel production cycles.
3.1.g.2. A steel production cycle shall be defined as the time from the start of the hot metal charge until the end of the tap.
3.1.g.3. Calculation of the allowable emissions shall be based upon the total tons of raw steel produced during the four (4) steel production cycles that compose each run.
3.1.h. Except as provided in section 3.1.h.4., stack sampling procedures for determining compliance with applicable emission standards for facilities equipped with modular baghouses shall be as follows:
3.1.h.1. The methods described in section 3.1.a. shall be used except as provided in sections 3.1.h.2. and 3.1.h.3.
3.1.h.2. Compliance shall be determined from the results of at least one (1) test run performed on each stack or exhaust vent. For the purpose of determining compliance with a mass emission rate standard expressed in pounds per hour, the results of the tests performed on each stack or exhaust vent shall be summed. Compliance with a mass concentration standard shall be determined by using a gas flow-weighted average of the concentrations measured from all stacks or vents.
3.1.h.3. The compliance demonstration shall be based upon a minimum of three (3) test runs. If more than one test run is performed on one stack or exhaust vent the results of the test runs on that stack shall be averaged prior to summing or determining weighted averages in accordance with section 3.1.h.2.
3.1.h.4. The Director may approve compliance determinations based upon fewer test runs than required in section 3.1.h.2. if he determines that the requirements of section 3.1.h.2. place excessive demands upon the process source owner to demonstrate compliance.
3.1.i. For the purpose of determining compliance with the standards set forth in sections 4.8.b. and4.8.c.1. of 45CSR7 for fluorides, the test methods and procedures set forth in 40 CFR 60 Appendix A, Methods 1, 2, 3, 13A, 13B, and 14, as published on July 1, 1997, shall be used unless the Director determines that some aspect of those methods are not appropriate or adaptable to an affected facility. In the event that the referenced methods cannot be employed, the Director may specify or approve alternative methods or variances to the reference methods that have been demonstrated to be equivalent. The sampling time and sample volume for each test run shall be at least 8 hours and 6.80 dscm (240 dscf). Each compliance test shall be based on the arithmetic average of the results of at least three consecutive test runs.
3.1.j. Compliance with the emissions standards of section 4.2. of 45CSR7 for mineral acids shall be determined in accordance with the following unless the Director determines that alternative methods are required due to interferences or other factors:
3.1.j.1. For sulfuric acid mist: 40 CFR 60.85 (a) and (b) and 40 CFR 60 Appendix A, Methods 1, 2, 3, and 8, as published on July 1, 1997, except that the SO2 emission rate does not necessarily have to be determined. The sulfuric acid mist concentration shall be expressed in milligrams per dry standard cubic meter.
3.1.j.2. For hydrochloric acid mist and/or vapor:40 CFR 60, Appendix A, Method 26 or, if the source exhausts through a wet scrubber, Method 26A of Appendix A, as published on July 1, 1997.
3.1.j.3. For nitric acid mist and/or vapor and phosphoric acid mist and/or vapor: methods approved by the Director. The Director shall give preference to the use of methods promulgated by the U.S. EPA for these acids if available and adaptable to a specific source.
3.1.j.4. Tests to determine compliance with mineral acid concentration limits shall be based on the arithmetic average of the results of at least three consecutive test runs.
45CSR7A
Series 08 Ambient Air Quality Standards
W. Va. Code R. § 45-8-1 General
1.1. Scope. -- This rule establishes and adopts ambient air quality standards in West Virginia for carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter, and sulfur dioxide, equivalent to the national primary and secondary ambient air quality standards established under Section 109 of the Clean Air Act and promulgated by the United States Environmental Protection Agency under 40 C.F.R. part 50. National primary ambient air quality standards define levels of air quality which the Administrator judges are necessary, with an adequate margin of safety, to protect the public health. National secondary ambient air quality standards define levels of air quality which the Administrator judges necessary to protect the public welfare from any known or anticipated adverse effects of a pollutant. This rule also establishes and adopts ambient air monitoring reference methods and equivalent methods promulgated by the United States Environmental Protection Agency under 40 C.F.R. part 53. The Secretary hereby adopts these standards and methods by reference. The Secretary also adopts the appendices to these standards and methods. These standards and methods are subject to revision, and additional primary and secondary standards may be promulgated as the Administrator deems necessary to protect the public health and welfare.
1.2. Authority. -- W.Va. Code § 22-5-4.
1.3. Filing Date. -- March 31, 2026.
1.4. Effective Date. -- June 1, 2026.
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 40 C.F.R. part 50, “National Primary and Secondary Ambient Air Quality Standards,” and 40 C.F.R. part 53, “Ambient Air Monitoring Reference and Equivalent Methods,” effective June 1, 2025.
W. Va. Code R. § 45-8-2 Definitions
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. § 50.1. Words and phrases not defined therein shall have the meaning given to them in the federal Clean Air Act.
W. Va. Code R. § 45-8-3 Adoption of standards
3.1. The Secretary hereby adopts and incorporates by reference the national primary and secondary ambient air quality standards promulgated by the United States Environmental Protection Agency under 40 C.F.R. part 50, effective June 1, 2025. These standards are adopted for the purpose of establishing ambient air quality standards in West Virginia that are equivalent to those established under Section 109 of the Clean Air Act, as amended.
3.2. The Secretary hereby adopts and incorporates by reference the ambient air monitoring reference methods and equivalent methods promulgated by the United States Environmental Protection Agency under 40 C.F.R. part 53, effective June 1, 2025. These standards are adopted for the purpose of establishing ambient air monitoring reference methods and equivalent methods in West Virginia.
W. Va. Code R. § 45-8-4 Inconsistency between rules
4.1. 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.
Series 10 To Prevent and Control Air Pollution from the Emission of Sulfur Oxides
W. Va. Code R. § 45-10-1 General
1.1. Scope.
1.1.1. This rule establishes emission standards for sulfur oxides from fuel burning units and sets forth the registration, permitting, reporting, testing, recordkeeping and exemption requirements.
1.1.2. Fuel Quality Goals. -- It is the intent of the Secretary that all persons engaged in the burning of fuel make a maximum effort to utilize the best quality fuel available regardless of the requirements of this rule.
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.
W. Va. Code R. § 45-10-2 Definitions
2.1. “Air Pollutants” means solids, liquids or gases which, if discharged into the air, may result in a statutory air pollution.
2.2. “Air Pollution”, “statutory air pollution” shall have the meaning ascribed to it in W. Va. Code §22-5-2.
2.3. “Alternative Emission Limitation” means an emission limitation that applies to a source during some but not all periods of normal operation (e.g., applies only during a specifically defined mode of operation such as startup or shutdown) . An alternative emission limitation is a component of a continuously applicable emission limitation, and it may take the form of a control measure such as a design, equipment, work practice or operational standard (whether or not numerical).
2.4. “Continuous Emission Monitoring System” means the total equipment required for the determination of a gas concentration or emission rate, in the units of the standard.
2.5. “Distillate Oil” means fuel oil that complies with the specifications for fuel oil numbers 1 and 2, as defined by the American Society for Testing and Materials in ASTM D396-98, “Standard Specification for Fuel Oils”.
2.6. “Equivalent Fuel Sulfur Content” means that quantity of sulfur dioxide in pounds per million British Thermal Units (BTU’s) which corresponds to a given percent sulfur in fuel being burned and is calculated on the basis of 100% conversion of the sulfur to sulfur dioxide and assuming that no sulfur or sulfur dioxide recovery or control measures are employed.
2.7. “Fuel” means any form of combustible matter (solid, liquid, vapor or gas) that is used as a source of heat.
2.8. “Fuel Burning Unit” means and include any furnace, boiler apparatus, device, mechanism, stack or structure used in the process of burning fuel or other combustible material for the primary purpose of producing heat or power by indirect heat transfer. For the purposes of this rule, all fuel burning units are classified in the following categories:
2.8.1. Type ‘a’ means any fuel burning unit which has as its primary purpose the generation of steam or other vapor to produce electric power for sale.
2.8.2. Type ‘b’ means any fuel burning unit not classified as a Type ‘a’ or Type ‘c’ unit such as industrial pulverized-fuel-fired furnaces, cyclone furnaces, gas-fired and liquid-fuel-fired units.
2.8.3. Type ‘c’ means any hand-fired or stoker-fired fuel burning unit not classified as a Type ‘a’ unit.
2.9. “Indirect Heat Exchanger” means a device that combusts any fuel and produces steam or heats water or any other heat transfer medium. This term includes any duct burner that combusts fuel and is part of a combined cycle system. This term does not include process heaters as defined in subsection 2.18.
2.10. “Malfunction” means a sudden and unavoidable breakdown of process or control equipment.
2.11. “Manufacturing Process” means any action, operation or treatment embracing chemical, industrial or manufacturing efforts, and employing, for example, heat-treating furnaces, by-product coke plants, core-baking ovens, mixing kettles, cupolas, blast furnaces, open hearth furnaces, heating and reheating furnaces, puddling furnaces, sintering plants, electric steel furnaces, ferrous and non-ferrous foundries, kilns, stills, pipe stills, reformers, furnaces associated with manufacturing processes, driers, crushers, grinders, roasters, and equipment used in connection therewith, and all other methods or forms of manufacturing or processing that may emit sulfur dioxide or other sulfur compounds.
2.12. “Natural Gas” means (1) a naturally occurring mixture of hydrocarbon and nonhydrocarbon gases found in geologic formations beneath the earth’s surface, of which the principal constituent is methane, or (2) liquefied petroleum (LP) gas, as defined by the American Society for Testing and Materials in ASTM D1835-97, “Standard Specification for Liquefied Petroleum Gases”.
2.13. “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.
2.14. “Plant” means and includes all fuel burning units, source operations, equipment and grounds utilized in an integral complex.
2.15. “Pollution Control Equipment” means any equipment used for collecting, confining or converting air pollutants for the purpose of preventing or reducing the emission of these pollutants into the open air.
2.16. “Potential To Emit” for the purpose of subdivision 4.1.5 means the maximum capacity of a source, on an annual basis, to emit any air pollutant under its physical and operational design, prior to any air pollution control equipment.
2.17. “Priority I Regions”, “Priority II Regions” and “Priority III Regions” are defined in Table 45-10A found at the end of this rule.
2.18. “Process Heater” means a device that is primarily used to heat a material to initiate or promote a chemical reaction in which the material participates as a reactant or catalyst.
2.19. “Secretary” means the Secretary of the Department of Environmental Protection or such other person to whom the Secretary has delegated authority or duties pursuant to W.Va. Code §§22-1-6 or 22-1-8.
2.20. “Shutdown” means the cessation of operation of a source subject to this rule for any reason, unless otherwise defined by a permit issued to create an alternative emission limitation.
2.21. “Source Operation” means the last operation in a manufacturing process preceding the emission of air pollutants which operation:
2.21.1. Results in the separation of the air pollutant from the process materials or in the conversion of the process materials into air pollutants; and
2.21.2. Is not an air pollution abatement operation.
2.22. “Stack”, for the purposes of this rule, means, but is not limited to, any duct, control equipment exhaust, or similar apparatus, which vents gases and/or particulate matter into the open air.
2.23. “Startup” means the setting in operation of a source subject to this rule for any reason, unless otherwise defined by a permit issued to create an alternative emission limitation.
2.24. “Sulfur Dioxide” is an air pollutant which is a nonflammable, nonexplosive, colorless, gaseous molecule composed of 1 atom of sulfur and 2 atoms of oxygen. In concentrations of 0.3 to 1.0 parts per million and above, most people can detect it by taste; in concentrations greater than 3.0 parts per million it has a pungent, irritating odor to most people.
2.25. “Waste Heat Boiler” means any boiler which derives all or part of its heat input from the waste heat of a manufacturing process operation.
2.26. Other words and phrases used in this rule, unless otherwise indicated, shall have the meaning ascribed to them in W. Va. §22-5-1 et seq.
W. Va. Code R. § 45-10-3 Sulfur Dioxide Weight Emission Standards for Fuel Burning Units
3.1. Total Allowable Emission Rates for Similar Units in Priority I and Priority II Regions. -- No person shall cause, suffer, allow or permit the discharge of sulfur dioxide into the open air from all stacks located at one plant, measured in terms of pounds per hour, in excess of the amount determined as follows:
3.1.1. Reserved.
3.1.2. For fuel burning units of the Mitchell Plant of Kentucky Power Company and Wheeling Power Company, located in Air Quality Control Region I, the product of 7.5 and the total actual operating heat inputs for such units discharging through those stacks in million BTU’s per hour.
3.1.3. Reserved.
3.1.4. For fuel burning units of the Mt. Storm Plant of Virginia Electric and Power Company, located in Air Quality Control Region VII, the product of 2.7 and the total design heat inputs for such units discharging through those stacks in million BTU’s per hour.
3.1.5. For Type ‘b’, and Type ‘c’ fuel burning units, the product of 3.1 and the total design heat inputs for such units discharging through those stacks in million BTU’s per hour.
3.2. Maximum Allowable Emission Rates for Similar Units in Region IV (Kanawha Valley Air Quality Control Region: Kanawha County, Putnam County, and Falls and Kanawha Magisterial Districts of Fayette County). -- No person shall cause, suffer, allow or permit the discharge of sulfur dioxide into the open air from all stacks located at one plant, measured in terms of pounds per hour, in excess of the amount determined as follows:
3.2.1. For fuel burning units of the John Amos Plant of Appalachian Power Company, located in Air Quality Control Region IV, the product of 1.6 and the total design heat input for such units discharging from those stacks in million BTU’s per hour.
3.2.2. Reserved.
3.2.3. For Type ‘b’ and Type ‘c’ fuel burning units, the product of 1.6 and the total design heat inputs for such units discharging through those stacks in million BTU’s per hour, provided however, that no more than 5,500 pounds per hour of sulfur dioxide shall be discharged into the open air from all such stacks.
3.3. Maximum Allowable Emission Rates for Similar Units in All Priority III Regions Except Region IV. -- No person shall cause, suffer, allow or permit the discharge of sulfur dioxide into the open air from all stacks located at one plant, measured in terms of pounds per hour, in excess of the amount determined as follows:
3.3.1. For fuel burning units of the Harrison Power Station of Monongahela Power Company, located in Air Quality Control Region VI, the product of 5.12 and the total actual operating heat inputs for such units discharging from those stacks in million BTU’s per hour.
3.3.2. Reserved.
3.3.3. Reserved.
3.3.4. For fuel burning units of the Fort Martin Power Station of Monongahela Power Company, located in Air Quality Control Region VI, the product of 3.1 and the total actual operating heat inputs for such units discharging from those stacks in million BTU’s per hour.
3.3.5. Reserved.
3.3.6. For Type ‘b’ and Type ‘c’ fuel burning units, the product of 3.2 and the total design heat inputs for such units discharging through those stacks in million BTU’s per hour.
3.4. Allowable Emission Rates for Individual Stacks.
3.4.1. Unless otherwise approved by the Secretary, the maximum allowable emission rate for an individual stack shall not exceed by more than 25% the emission rate determined by prorating the total allowable emission rate specified in subsections 3.1, 3.2, or 3.3, on the basis of individual unit heat input at design capacity for all fuel burning units discharging through that stack.
3.4.1.a. Subject to the provisions of this section, allowable emission rates for individual stacks shall be determined by the owner and/or operator and registered with the Secretary at the request of and on forms provided by the Secretary. Such rates shall be subject to review and approval by the Secretary.
3.4.1.b. The approved set of individual stack allowable emission rates shall become an official part of the compliance schedule and any permits concerning such source or sources, and shall not be changed without the prior written approval of the Secretary.
3.4.2. The owner or operator of a source subject to subsections 3.1, 3.2 or 3.3 of this rule which has more than one stack, may petition the Secretary for individual stack allowable emission rates differing from those calculated under subdivision 3.4.1. The Secretary may approve such request provided that:
3.4.2.a. For each scenario the sum of the maximum allowable emission rates for each stack shall not exceed the total allowable emission rate specified in subsection 3.1, 3.2 or 3.3 for all stacks located at one plant;
3.4.2.b. The application shall include, but not be limited to, the maximum proposed emission rate for each individual stack for each proposed operating scenario;
3.4.2.c. The owner or operator shall install a certified continuous emissions monitoring system (CEMS) to monitor sulfur dioxide emissions for each stack. Such CEMS shall be installed, certified, operated and maintained as specified in 40 CFR Part 60, Appendix B, Performance Specification 2 (PS2) and 45CSR16. Sources meeting the requirements of 40 CFR Part 75 (Acid Rain) and 45CSR33 shall be deemed to have satisfied the requirements of PS2;
3.4.2.d. The owner or operator shall demonstrate to the Secretary’s satisfaction that for each operating scenario approved the source will not cause or contribute to a violation of the National Ambient Air Quality Standard for sulfur dioxide, and demonstrate compliance with any other applicable emissions banking and trading rules;
3.4.2.e. The Secretary shall not approve a relaxation of a technology-based emission limitation for a specific unit or stack that has been established pursuant to any other rule, permit or consent order nor shall the Secretary approve a relaxation in emission limits previously established for the purpose of avoiding the permitting requirements of 45CSR14 or 45CSR19; and
3.4.2.f. Any approval of an individual stack allowable emission rate by the Secretary pursuant to subdivision 3.4.2 shall be embodied in a permit issued as an existing stationary source permit in accordance with 45CSR13.
3.5. The design heat input of a waste heat boiler shall not be included in computing the total plant design heat input for the purposes of subsections 3.1, 3.2, 3.3 or 3.4.
3.6. No person shall circumvent the provisions of this rule by constructing fuel burning unit(s) larger than would be necessary to provide heat and/or power for an existing manufacturing plant, with a reasonable margin for plant expansion, in order to use that design heat input to raise the allowable sulfur content in fuel.
3.7. No person shall cause, suffer, allow or permit the discharge of sulfur dioxide to the open air from the combustion of fuel in a fuel burning unit of a waste heat boiler in excess of 2.2 pounds of sulfur dioxide per million BTU’s of heat input per hour. This limitation is based on the heat input provided to the boiler by the combustion of this auxiliary fuel.
3.7.1. The provision of this subdivision applies only to the fuel used for the waste heat boiler(s) and does not replace or supersede the provisions of subsection 4.1.
3.8. Compliance with the allowable sulfur dioxide emission limitations from fuel burning units shall be based on a continuous 24 hour averaging time. The owner and/or operator of a fuel burning unit shall not allow emissions to exceed the weight emissions standards for sulfur dioxide as set forth in this rule, except during 1 continuous 24 hour period in each calendar month and during this 1 continuous 24 hour period said owner and/or operator shall not allow emissions to exceed such weight emission standards by more than 10% without causing a violation of this rule. A continuous 24 hour period is defined as 1 calendar day.
W. Va. Code R. § 45-10-4 Standards for Manufacturing Process Source Operations
4.1. No person shall cause, suffer, allow or permit the emission into the open air from any source operation an in-stack sulfur dioxide concentration exceeding 2,000 parts per million by volume from existing source operations, except as provided in subdivisions 4.1.1 through 4.1.5.
4.1.1. No person shall cause, suffer, allow or permit sulfur dioxide tail gas emissions from sulfuric acid manufacturing plants to exceed the following:
4.1.1.a. For plants using elemental sulfur as a feed stock, 30 pounds per ton of acid produced.
4.1.1.b. For plants using other materials as a feed stock, 40 pounds per ton of acid produced.
4.1.2. No person shall cause, suffer, allow or permit the emission of sulfur oxides, calculated as sulfur dioxide, from a sulfur recovery plant to exceed 0.06 pounds per pound of sulfur processed.
4.1.3. No person shall cause, suffer, allow or permit the emission of sulfur oxides, calculated as sulfur dioxide, from primary non-ferrous smelters to exceed that determined by the following equations:
Copper Smelters: Y = 0.2X Zinc Smelters: Y = 0.564X0.85 Lead Smelters: Y = 0.98X0.77 Where, X is the total sulfur fed to the smelter in pounds per hour and Y is the allowable sulfur dioxide emissions in pounds per hour.
4.1.4. No person shall cause, suffer, allow or permit the total sulfite pulp mill emissions of sulfur oxides, calculated as sulfur dioxide, from operations such as blow pits, washer vents, storage tanks, digester relief and recovery system, to exceed 9.0 pounds per air-dried ton of pulp produced.
4.1.5. Any owner or operator of a manufacturing process source operation(s) which has the potential to emit less than 500 pounds per year of sulfur oxides.
4.2. Compliance with the allowable sulfur dioxide concentration limitations from manufacturing process source operation(s) set forth in this rule shall be based on a block 3 hour averaging time.
W. Va. Code R. § 45-10-5 Combustion of Refinery or Process Gas Streams
5.1. No person shall cause, suffer, allow or permit the combustion of any refinery process gas stream or any other process gas stream that contains hydrogen sulfide in a concentration greater than 50 grains per 100 cubic feet of gas except in the case of a person operating in compliance with an emission control and mitigation plan approved by the Secretary and U. S. EPA. In certain cases very small units may be considered exempt from this requirement if, in the opinion of the Secretary, compliance would be economically unreasonable and if the contribution of the unit to the surrounding air quality could be considered negligible.
5.2. Any owner or operator of a by-product coke production facility in existence on August 31, 2000 who can demonstrate to the Secretary that there is no practical alternative to scheduled maintenance (including shutdown) of desulfurization equipment may request the approval of an enforceable, temporary sulfur dioxide emissions control and mitigation plan for such maintenance period. In order for a plan under this subsection to be approved the plan must meet the following conditions:
5.2.1. Provide that all feasible control measures and process changes will be employed at the coke production facility to reduce emissions of sulfur dioxide (including reduction of coke oven gas generation) during the control system outage.
5.2.2. Provide for a definitive reduction in sulfur dioxide emissions by the establishment of unit-specific allowable emission rates for all emissions units of the stationary source sufficient to prevent any violation of federal and state ambient air quality standards or applicable air quality increments for sulfur dioxide.
5.2.3. Provide that system down-time and excess sulfur dioxide emissions be reduced to the greatest extent possible by use of increased or contract maintenance personnel, maximized maintenance labor shifts and optimization of available spare parts inventories.
5.2.4. Provide for emissions and compliance monitoring as required by the Secretary in the approved plan during the maintenance periods and for the submission of reports of such monitoring and tests within time-frames specified by the Secretary in the approved plan. All approved plans shall require that a certified report of excess sulfur dioxide emissions from the by-product coke production facility and offsetting emission units be submitted to the Secretary within 30 days after the end of the maintenance period.
5.2.5. Provide that no maintenance period exceed 14 days in length nor occur more than twice in any calendar year.
5.2.6. Provide at least two weeks notice of all scheduled maintenance periods, the anticipated length of the maintenance period, work to be completed, measures to be taken to minimize the length of desulfurization system down-time and such other information as the Secretary may specify.
5.2.7. Provide for annual review, if necessary, modification or termination of the plan by the Secretary.
5.2.8. Provide that the Secretary may impose limitations on emission units that are more restrictive than those provided for in the plan as necessary to assure attainment of air quality standards for sulfur dioxide in light of data provided pursuant to subdivision 5.2.6, or any other information available to the Secretary.
5.3. The Secretary shall, in making a determination concerning plan modification or termination, review the plant’s compliance history and records to determine whether the plan has prevented or minimized, to the extent feasible, desulfurization system outages and excess emissions. The initial approval of the plan and any modification of the plan shall be accomplished as a revision to the State Implementation Plan.
5.4. Compliance with the allowable hydrogen sulfide concentration limitations for combustion sources set forth in this rule shall be based on a block 3 hour averaging time.
W. Va. Code R. § 45-10-6 Reserved
W. Va. Code R. § 45-10-7 Permits
7.1. No person shall construct, modify or relocate any source of sulfur dioxide without first obtaining a permit in accordance with the provisions of W. Va. Code §22-5-1 et seq., and Series 13, 14, 19 and 30 of Title 45.
W. Va. Code R. § 45-10-8 Testing, Monitoring, Recordkeeping and Reporting
8.1. Testing.
8.1.1. At such reasonable times as the Secretary may designate, the owner or operator of any fuel burning unit(s), manufacturing process source(s) or combustion source(s) may be required to conduct or have conducted tests to determine the compliance of such source(s) with the emission limitations of sections 3, 4 or 5. Such tests shall be conducted in accordance with the appropriate test method set forth in 40 CFR Part 60, Appendix A, Method 6, Method 15 and 45CSR16 or other equivalent EPA testing method approved by the Secretary. The Secretary may at his or her option witness or conduct such tests. Should the Secretary exercise his or her option to conduct such tests, the operator will provide all necessary sampling connections and sampling ports to be located in such manner as the Secretary may require, power for test equipment, and the required safety equipment such as scaffolding, railings, and ladders to comply with generally accepted good safety practices.
8.1.2. The Secretary may conduct such other tests as he or she may deem necessary to evaluate air pollution emissions other than those noted in section 3.
8.2. Monitoring.
8.2.1. At the request of the Secretary the owner and/or operator of a source shall install such stack gas monitoring devices as the Secretary deems necessary to determine compliance with the provisions of this rule. The data from such devices shall be readily available at the source location or such other reasonable location that the Secretary may specify. At the request of the Secretary such data shall be made available for inspection or copying. Failure to promptly provide such data shall constitute a violation of this rule.
8.2.2. Prior to the installation of calibrated stack gas monitoring devices, sulfur dioxide emission rates shall be calculated on an equivalent fuel sulfur content basis.
8.2.3. The owner or operator of fuel burning unit(s), manufacturing process source(s) or combustion source(s) shall demonstrate compliance with sections 3, 4 and 5 of this rule by testing and /or monitoring in accordance with one or more of the following: 40 CFR Part 60, Appendix A, Method 6, Method 15 and 45CSR16, continuous emissions monitoring systems (CEMS) or fuel sampling and analysis as set forth in an approved monitoring plan for each emission unit.
8.2.3.a. The installation, operation and maintenance of a continuous monitoring system meeting the requirements of 40 CFR 60, Appendix B, Performance Specification 2 (PS2) or Performance Specification 7 (PS7) and 45CSR16 shall be deemed to fulfill the requirements of a monitoring plan for a fuel burning unit(s), manufacturing process source(s) or combustion source(s). CEMS meeting the requirements of 40 CFR Part 75 (Acid Rain) and 45CSR33 will be deemed to have satisfied the requirements of PS2.
8.2.3.a.1. The owner or operator of a continuous emissions monitoring system installed pursuant to this rule shall follow the quality assurance requirements as set forth in 40 CFR Part 60, Appendix F and 45CSR16.
8.2.3.b. Monitoring plans pursuant to subdivision 8.2.3 shall be included in an air quality permit pursuant to 45CSR13 and 45CSR30, if applicable.
8.2.3.c. A fuel sampling and analysis program, including a record of fuel consumption, may fulfill the requirements of a monitoring plan for a fuel burning unit(s). The minimum requirements for a fuel sampling and analysis program, including fuel consumption records, shall be established by the Secretary.
8.2.4. Excursions outside the range of operating parameters associated with control or process equipment which are established in an approved monitoring plan will not necessarily constitute a violation of this rule.
8.3. Recordkeeping and Reporting.
8.3.1. The owner or operator of fuel burning unit(s), manufacturing process source(s) or combustion source(s) subject to sections 3, 4 or 5 shall maintain on-site a record of all required monitoring data as established in a monitoring plan pursuant to subdivision 8.2.3. Such records shall be made available to the Secretary upon request. Such records shall be retained on-site for a minimum of five years.
8.3.2. The owner or operator shall submit a periodic exception report to the Secretary, in a manner specified by the Secretary. Such an exception report shall provide details of all excursions outside the range of measured emissions or monitored parameters established in an approved monitoring plan and shall include, but not be limited to, the time of the excursion, the magnitude of the excursion, the duration of the excursion, the cause of the excursion and the corrective action taken.
8.3.3. The owner or operator of a fuel burning unit(s) or a combustion source(s) shall maintain records of the operating schedule and the quantity and quality of fuel consumed in each unit in a manner specified by the Secretary. Such records are to be maintained on-site and made available to the Secretary upon request.
8.3.3.a. The owner or operator of a fuel burning unit(s) utilizing CEMS to fulfill the requirements of subdivision 8.2.3 shall be exempt from the requirements of subdivision 8.3.3.
8.3.4. Where appropriate the owner or operator of a fuel burning unit(s), manufacturing process unit(s) or combustion source(s) may maintain such records in electronic form.
8.3.5. Requests for Information.
8.3.5.a. The Secretary shall respond within five working days to requests for information generated or required under this rule. Requests for information not in the Secretary’s custody shall be promptly forwarded to the appropriate federal or state agency known to have such information.
8.3.5.b. Data regarding the compliance reporting of electric utility SO2 emissions are available from the U.S. Environmental Protection Agency (EPA). EPA emissions data is available from the Clean Air Markets Program Data website. Data relating to fuel quality and costs of fuels are available at the Federal Energy Regulatory Commission (FERC) and the West Virginia Public Service Commission.
W. Va. Code R. § 45-10-9 Alternative Emission Limitations
9.1. Reserved.
9.2. Any owner or operator that cannot comply with the emission limitations established in sections 3 through 5 during periods of startup or shutdown shall request an alternative emission limitation pursuant to 45CSR1.
W. Va. Code R. § 45-10-10 Exemptions and Recommendations
10.1. Any fuel burning units having a design heat input under 10 million BTU’s per hour will be exempt from section 3 and sections 6 through 8. However, failure to attain acceptable air quality in parts of some urban areas may require the mandatory control of these sources at a later date.
10.2. In an effort to avoid the necessity for such mandatory controls the Secretary strongly recommends that specific fuel quality objectives be met. In Priority I and Priority II regions and in cities in Priority III regions with a population of more than 10,000 (based on the latest census) the Secretary recommends that no person use or provide for sale fuel having a sulfur content greater than that listed in the following table (at the end of this rule) Table 45-10B for use in residential and other fuel burning units not otherwise restricted by this rule.
10.3. The owner or operator of a fuel burning unit(s) which combusts natural gas, wood or distillate oil, alone or in combination, shall be exempt from the requirements of section 8. Manufacturing operations in which the process is to partially combust wood during the manufacture of charcoal shall be exempt from the requirements of section 8.
W. Va. Code R. § 45-10-11 Circumvention
11.1. No owner or operator subject to the provisions of this rule shall build, erect, install, modify or use any article, machine, equipment or process, the use of which purposely conceals an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with a standard which is based on the concentration of a pollutant in the gases discharged to the atmosphere.
W. Va. Code R. § 45-10-12 Inconsistency Between Rules
12.1. In the event of any inconsistency between this rule and any other rule of the Division of Air Quality, such inconsistency shall be resolved by the determination of the Secretary and such determination shall be based upon the application of the more stringent provision, term, condition, method or rule.
W. Va. Code R. § 45-10-13 Disposition of Rule; Severability
13.1. 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.
13.2. 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.
13.3. 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.
13.4. 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 § 45-10-9.2 and revert to the August 31, 2000 requirements found at § 45-10-9.1.
Table 45-10A Priority Classification Federal Air Quality Control Region Included West Virginia Counties I Region I, Steubenville-Weirton-Wheeling Interstate Air Quality Control Region (Ohio – West Virginia)
Brooke Hancock Marshall Ohio Region VII, Cumberland-Keyser Interstate Air Quality Control Region (West Virginia – Maryland)
Grant (Union district only)
Mineral (Elk, New Creek, and Piedmont Districts)
II Region II, Parkersburg-Marietta Interstate Air Quality Control Region (West Virginia-Ohio)
Jackson Pleasants Tyler Wetzel Wood III All other regions All other counties or districts not listed above Table 45-10B Effective Date Percent Sulfur Content of Fuels Coal Oil June 30, 1978 1.0 0.5
Series 10A Testing, Monitoring, Recordkeeping, And Reporting, Requirements Under 45CSR10
W. Va. Code R. § 45-10A-1 General
1.1. Scope. -- Series 10A provides guidance and clarification for complying with the testing, monitoring, recordkeeping and reporting requirements of 45CSR10, “To Prevent and Control Air Pollution from the Emission of Sulfur Oxides.” This rule is an interpretive rule, not a legislative rule, as those terms are defined under W. Va. Code §29A-1-2.
1.2. Authority. -- W. Va. Code §22-5-1 et seq. and WV 45CSR10.
1.3. Filing Date. -- December 26, 2001.
1.4. Effective Date. -- January 25, 2002.
W. Va. Code R. § 45-10A-2 Definitions
2.1. “ASTM Approved” means test methods and procedures approved and published by the American Society for Testing and Materials.
2.2. “Combustion Source” means a source(s) subject to the standards set forth in section 5 of 45CSR10.
2.3. “Continuous Emission Monitoring System” or “CEMS” means all equipment required for the determination of gas concentration or emission rate, installed, calibrated, operated and maintained as specified in 40 CFR Part 75, or 40 CFR Part 60, Appendix B, Performance Specification 2 or Performance Specification 7 and 40 CFR Part 60, Appendix F.
2.4. “Excursion” means: (1) measured emissions exceeding the applicable standards set forth in sections 3, 4, and 5 of 45CSR10; or (2) operating parameters outside the range set forth in an approved monitoring plan, which may or may not result in measured emissions exceeding the applicable standards set forth in sections 3, 4, and 5 of 45CSR10.
2.5. “Factor,” in lbSO2/mmBTU, means the number, indicated in 45CSR10, subsection 3.1, 3.2, or 3.3, as appropriate, to be multiplied by the TDHI to calculate the maximum amount of sulfur dioxide permitted to be discharged to the atmosphere from all stacks located at one plant, expressed in units of pounds per hour.
2.6. “Fuel Quality Analysis” means the sulfur content and the BTU content.
2.7. “Pipeline Quality Natural Gas” means, for purposes of this rule only, natural gas with a sulfur content less than or equal to 20 grains per 100 dry standard cubic feet (dscf).
2.8. Other words and phrases used in this rule, unless otherwise indicated, shall have the meaning ascribed to them in WV CSR §45-10-2 or W. Va. Code §22-5-1 et seq.
W. Va. Code R. § 45-10A-3 Applicability
3.1. This rule applies to any fuel burning unit(s), manufacturing process source(s) or combustion source(s) subject to 45CSR10, except as follows:
3.1.a. Fuel burning unit(s) with a design heat input (DHI) of less than 10 million BTUs per hour (mmBTU/hr);
3.1.b. Fuel burning unit(s) which combust natural gas, wood or distillate oil, alone or in combination;
3.1.c. Manufacturing process source operation(s) which have the potential to emit less than 500 pounds per year of sulfur oxides; or
3.1.d. Manufacturing operations in which the process is to partially combust wood during the manufacture of charcoal.
W. Va. Code R. § 45-10A-4 Fuel Burning Unit(s) -- Registration of Allowable Emission Rates for Individual Stacks
4.1. In accordance with subdivision 3.4.a of 45CSR10, the owner or operator of each fuel burning unit(s) shall register an allowable emission rate for each individual stack, in pounds per hour, determined as provided in Appendix B, except where:
4.1.a. The owner or operator of a fuel burning unit utilizes CEMS or daily ASTM method sampling and analysis to demonstrate compliance with the plant-wide emission limit and the provisions of subdivision 3.4.a of 45CSR10; or
4.1.b. The Secretary has approved a petition for an alternative individual stack allowable emission rate, filed by the owner or operator in accordance with subdivision 3.4.b of 45CSR10.
W. Va. Code R. § 45-10A-5 Testing Requirements
5.1. Fuel Burning Unit(s).
5.1.a. The owner or operator shall conduct or have conducted, weight emission tests to determine the compliance of each fuel burning unit with the weight emission standards set forth in section 3 of 45CSR10 at a frequency established in the following table. Weight emission tests shall be conducted in accordance with 40 CFR Part 60, Appendix A, Method 6 or other equivalent EPA testing method approved by the Secretary. If weight emission testing is required, the initial weight emission test shall be conducted within a time period starting March 15, 2000, and ending March 15, 2002, for existing units and within one hundred eighty (180) days of start-up for new unit(s).
Percent of Factor Testing Frequency #50% of Factor No stack testing required Between 50% and 90% of Factor Once every 5 years $90% of Factor Once every year
5.1.b. The owner or operator of a fuel burning unit(s), with a DHI greater than or equal to 10 mmBTU/hr but less than 100 mmBTU/hr, may petition the Secretary for an alternative to weight emission testing.
5.1.c. The owner or operator of a fuel burning unit may petition for alternatives to the testing requirements of subsection 5.1 for units that are infrequently used or for infrequently used fuels.
5.2. Manufacturing Process Source(s).
5.2.a. The owner or operator shall conduct or have conducted, compliance tests to determine the compliance of each manufacturing process source with the emission standards set forth in section 4 of 45CSR10. Compliance tests shall be conducted in accordance with 40 CFR Part 60, Appendix A, Method 6 or other equivalent EPA testing method approved by the Secretary. The initial compliance test shall be conducted within a time period starting March 15, 2000, and ending March 15, 2002, for existing units and within one hundred eighty (180) days of start-up for new unit(s). The results of the initial test shall be a consideration in establishing a compliance testing frequency. Compliance tests shall be conducted at a frequency established in the approved monitoring plan.
5.2.b. Manufacturing process source(s) utilizing a flare as a control device shall be exempt from the compliance testing requirements of subdivision 5.2.a.
5.2.c. The owner or operator of a manufacturing process source(s) may for good cause petition the Secretary for an alternative to compliance testing, which may include, but not be limited to, process gas sampling for percent sulfur by weight. To determine the emission rate of sulfur dioxide the manufacturing process source(s) shall assume 100% conversion to sulfur dioxide of all unrecovered sulfur compounds.
5.3. Combustion Source(s). -- The owner or operator shall conduct or have conducted, compliance tests to determine the compliance of each combustion source with the standards set forth in section 5 of 45CSR10. Compliance tests shall be conducted in accordance with 40 CFR Part 60, Appendix A, Method 15 or other equivalent EPA testing method approved by the Secretary. The initial compliance test shall be conducted within a time period starting March 15, 2000, and ending March 15, 2002, for existing units and within one hundred eighty (180) days of start-up for new unit(s). The results of the initial test shall be a consideration in establishing a compliance testing frequency. Compliance tests shall be conducted at a frequency established in the approved monitoring plan.
5.4. The owner or operator of a fuel burning unit(s), manufacturing process unit(s), or combustion unit(s) employing CEMS to meet the requirements of section 6 shall be exempt from the testing requirements of subsections 5.1, 5.2 and 5.3.
5.5. The Secretary reserves the right to require testing pursuant to subsection 8.1 of 45CSR10.
W. Va. Code R. § 45-10A-6 Monitoring Plan Requirements
6.1. Fuel Burning Unit(s).
6.1.a. The owner or operator of a fuel burning unit(s) shall submit, to the Secretary for approval, a monitoring plan for each fuel burning unit(s) that describes the method the owner or operator will use to monitor compliance with the weight emission standard set forth in section 3 of 45CSR10. The owner or operator of a fuel burning unit(s) may use CEMS, which shall be deemed to satisfy all of the requirements of an approved monitoring plan, or a monitoring plan as specified in subsection 6.4, in accordance with the provisions of this section.
6.1.b. The owner or operator of a type ‘a’ fuel burning unit(s) shall use a CEMS to satisfy the requirements of an approved monitoring plan.
6.1.b.1. CEMS conforming to the specifications of 40 CFR Part 75 shall use unbiased, unsubstituted data to demonstrate compliance with the provisions of 45CSR10.
6.1.c. The owner or operator of a type ‘b’ or type ‘c’ fuel burning unit(s) which burns fuel with a sulfur content that equates to 90% or greater of the factor shall:
6.1.c.1. Use a CEMS to satisfy the requirements of an approved monitoring plan; or
6.1.c.2. Conduct daily “as burned” fuel analysis in accordance with applicable ASTM procedures and test methods.
6.1.d. CEMS, if required, shall be installed, operational and certified within twelve (12) months of the date of monitoring plan approval or within twelve (12) months of triggering the 90% threshold, whichever is later.
6.1.e. CEMS shall be used to satisfy the requirements of an approved monitoring plan if any other rule, permit or order requires the use of CEMS for the fuel burning unit(s). If not yet installed, the CEMS shall be installed by the date required in the other rule, permit or order.
6.2. Manufacturing Process Source(s).
6.2.a. The owner or operator of a manufacturing process source(s) shall submit, to the Secretary for approval, a monitoring plan for each manufacturing process source(s) that describes the method the owner or operator will use to monitor compliance with the applicable emission standard set forth in section 4 of 45CSR10. The owner or operator of a manufacturing process source(s) may use CEMS, which shall be deemed to satisfy all of the requirements of an approved monitoring plan, or a monitoring plan as specified in subsection 6.4, in accordance with the provisions of this section.
6.2.b. The owner or operator of a manufacturing process source(s) with a potential to emit 100 tons per year (tpy) of sulfur dioxide and with the potential to emit sulfur dioxide at a rate greater than or equal to 90% of the applicable emission standard shall use CEMS to satisfy the requirements of an approved monitoring plan.
6.2.b.1. The owner or operator of a manufacturing process source(s) may for good cause petition the Secretary for an alternative to CEMS.
6.2.b.2. CEMS, if required, shall be installed, operational and certified within twelve (12) months of the date of monitoring plan approval, within twelve (12) months of the receipt of denial of a petition under paragraph 6.2.b.1 or within twelve (12) months of triggering the 100 tpy and 90% thresholds in subdivision 6.2.b, whichever is later.
6.2.c. CEMS shall be used to satisfy the requirements of an approved monitoring plan if any other rule, permit or order requires the use of CEMS for the manufacturing process source(s). If not yet installed, the CEMS shall be installed by the date required in the other rule, permit or order.
6.3. Combustion Source(s).
6.3.a. The owner or operator of a combustion source(s) shall submit, to the Secretary for approval, a monitoring plan for each combustion source(s) that describes the method the owner or operator will use to monitor compliance with the standard set forth in section 5 of 45CSR10. The owner or operator of a combustion source(s) may use CEMS, which shall be deemed to satisfy all of the requirements of an approved monitoring plan, or a monitoring plan as specified in subsection 6.4, in accordance with the provisions of this section.
6.3.b. The owner or operator of a combustion source(s) which has a refinery process gas stream or any other process gas stream that contains an average hydrogen sulfide concentration greater than or equal to 45 grains per 100 cubic feet shall use CEMS to satisfy the requirements of an approved monitoring plan.
6.3.b.1. The owner or operator of a combustion source(s) may for good cause petition the Secretary for an alternative to CEMS.
6.3.b.2. CEMS, if required, shall be installed, operational and certified within twelve (12) months of the date of monitoring plan approval, within twelve (12) months of the receipt of denial of a petition under paragraph 6.3.b.1 or within twelve (12) months of triggering the 45 grains per 100 cubic feet threshold in subdivision 6.3.b, whichever is later.
6.3.c. CEMS shall be used to satisfy the requirements of an approved monitoring plan if any other rule, permit or order requires the use of CEMS for the combustion source(s). If not yet installed, the CEMS shall be installed by the date required in the other rule, permit or order.
6.4. An approved monitoring plan shall contain, at a minimum, the following:
6.4.a. A list of parameters to be monitored;
6.4.b. The monitoring method and frequency for each parameter to be monitored;
6.4.c. The compliance range for each parameter to be monitored;
6.4.d. An explanation of how the parameters to be monitored were chosen, and how they are indicative of compliance;
6.4.e. An explanation of how the compliance ranges were established;
6.4.f. A schedule for installation and operation of any additional monitoring equipment installed for purposes of complying with this rule, or a schedule for implementation of any additional procedure(s) required for purposes of complying with this rule;
6.4.g. A response plan to be implemented during excursions; and
6.4.h. A proposed compliance testing schedule for manufacturing process source(s) and combustion source(s), as applicable.
6.5. Monitoring plans, pursuant to subdivisions 6.1.a, 6.2.a, and 6.3.a, shall be submitted to the Secretary for approval no later than February 28, 2001, as specified in paragraph 8.2.c.2 of 45CSR10.
6.5.a. Approval or denial of such plans shall be issued no later than August 31, 2001, or 6 months after submittal, whichever is later, as specified in paragraph 8.2.c.2 of 45CSR10, provided that the owner or operator may presume approval of a monitoring plan if the Secretary has neither approved nor denied the plan by the date specified in this subdivision.
6.5.b. Monitoring plans shall become effective upon approval.
6.6. In addition to other actions taken by the Secretary, the Secretary may require the monitoring plan to be revised when the Secretary has reason to believe that the ranges established for operating parameters in the monitoring plan are no longer indicative of compliance or when the Secretary has reason to believe that excursions are excessive.
6.7. Notwithstanding any other provisions of this rule, the Secretary reserves the right to require the installation of CEMS pursuant to subdivision 8.2.a of 45CSR10, in any case where the Secretary deems it necessary to determine compliance with the standards in 45CSR10.
W. Va. Code R. § 45-10A-7 Recordkeeping and Reporting Requirements
7.1. Recordkeeping.
7.1.a. Fuel Burning Units. -- The owner or operator of a fuel burning unit(s) shall maintain records of the operating schedule and the quality and quantity of fuel burned in each unit. Such records shall include, but not be limited to, the date and time of start-up and shutdown, the quantity of fuel consumed on a daily basis, and a periodic fuel quality analysis as set forth in the following table:
Fuel Quality Frequency of Analysis $90% of Factor Daily < 90% of Factor per shipment
7.1.a.1. The owner or operator shall provide in the monitoring plan a quality control and quality assurance program for the fuel analysis. If a certified independent lab is used to provide the fuel analysis, the quality control and assurance program is deemed to be satisfactory.
7.1.b. Combustion source(s). -- The owner or operator of a combustion source(s) shall maintain records of the operating schedule and the quantity and quality of fuel consumed in each unit. Such records shall include, but not be limited to, the date and time of start-up and shutdown, the quantity of fuel consumed on a daily basis, and a periodic fuel quality analysis. The frequency of periodic fuel quality analysis shall be established in an approved monitoring plan.
7.1.c. The owner or operator of a fuel burning unit or combustion source which utilizes CEMS shall be exempt from the provisions of subdivision 7.1.a or 7.1.b, as applicable.
7.1.d. For fuel burning units, manufacturing process sources, and combustion sources, records of all required monitoring data as established in an approved monitoring plan and support information shall be maintained on-site for a period of at least five (5) years from the date of monitoring, sampling, measurement or reporting. Support information includes all calibration and maintenance records and all strip chart recordings for continuous monitoring instrumentation, and copies of all required reports.
7.2. Exception Reporting.
7.2.a. CEMS. -- Each owner or operator employing CEMS for an approved monitoring plan, shall submit a “CEMS Summary Report” and/or a “CEMS Excursion and Monitoring System Performance Report” to the Secretary quarterly; the Secretary may, on a case-by-case basis, require more frequent reporting if the Secretary deems it necessary to accurately assess the compliance status of the source. All reports shall be postmarked no later than forty-five (45) days following the end of each calendar quarter. The CEMS Summary Report shall contain the information and be in the format shown in Appendix A unless otherwise specified by the Secretary.
7.2.a.1. Submittal of 40 CFR Part 75 data in electronic data reporting (EDR) format to the Secretary shall be deemed to satisfy the requirements of subdivision 7.2.a.
7.2.a.2. If the total duration of excursions for the reporting period is less than four percent (4%) of the total source operating time for the reporting period and the total monitoring method downtime for the reporting period is less than five percent (5%) of the total source operating time for the reporting period, only the CEMS Summary Report shall be submitted; the CEMS Excursion and Monitoring System Performance report shall be maintained on-site and shall be submitted to the Secretary upon request.
7.2.a.3. If the total duration of excursions for the reporting period is four percent (4%) or greater of the total operating time for the reporting period or the total monitoring method downtime for the reporting period is five percent (5%) or greater of the total operating time for the reporting period, the CEMS Summary Report and the CEMS Excursion and Monitoring System Performance Report shall both be submitted to the Secretary.
7.2.a.4. The CEMS Excursion and Monitoring System Performance Report shall be in a format approved by the Secretary and shall include the following information:
7.2.a.4.A. The magnitude of each excursion, and the date and time, including starting and ending times, of each excursion;
7.2.a.4.B. Specific identification of each excursion that occurs during start-ups, shutdowns, and malfunctions of the facility;
7.2.a.4.C. The nature and cause of any malfunction (if known), and the corrective action taken and preventive measures adopted;
7.2.a.4.D. The date and time identifying each period during which quality- controlled monitoring data was unavailable, except for zero and span checks, and the reason for data unavailability and the nature of the repairs or adjustments to the monitoring system; and
7.2.a.4.E. When no excursions have occurred or there were no periods of quality-controlled data unavailability, and no monitoring systems were inoperative, repaired, or adjusted, such information shall be stated in the report.
7.2.b. Non-CEMS Based Monitoring. -- Each owner or operator employing monitoring pursuant to subsection 6.4 shall submit a “Monitoring Summary Report” and an “Excursion and Monitoring Plan Performance Report” to the Secretary on a quarterly basis, to the extent required under paragraphs 7.2.b.1 through 7.2.b.4; the Secretary may, on a case-by-case basis, require more frequent reporting if the Secretary deems it necessary to accurately assess the compliance status of the fuel burning unit(s). All reports shall be postmarked by the thirtieth (30th) day following the end of each calendar quarter. The Monitoring Summary Report shall contain the information and be in a format approved by the Secretary.
7.2.b.1. If the total number of excursions for the reporting period is less than four percent (4%) of the total number of readings for the reporting period and the number of readings missing for the reporting period is less than five percent (5%) of the total number of readings agreed upon in the monitoring plan for the reporting period, the Monitoring Summary Report shall be submitted to the Secretary; the Excursion and Monitoring Plan Performance Report shall be maintained on-site and shall be submitted to the Secretary upon request.
7.2.b.2. If the number of excursions for the reporting period is four percent (4%) or greater of the total number of readings for the reporting period or the number of readings missing for the reporting period is five percent (5%) or greater of the total number of readings agreed upon in the monitoring plan for the reporting period, the Monitoring Summary Report and the Excursion and Monitoring Plan Performance Report shall both be submitted to the Secretary.
7.2.b.3. The Excursion and Monitoring Plan Performance Report shall be in the format specified in an approved monitoring plan and shall include, but not be limited to, the following information:
7.2.b.3.A. The magnitude of each excursion, and the date and time, including starting and ending times, of each excursion;
7.2.b.3.B. Specific identification of each excursion that occurs during start-ups, shutdowns, and malfunctions of the facility;
7.2.b.3.C. The nature and cause of any excursion (if known), and the corrective action taken and preventive measures adopted (if any);
7.2.b.3.D. The date and time identifying each period during when data is unavailable, and the reason for data unavailability and the corrective action taken; and
7.2.b.3.E. When no excursions have occurred or there were no periods of data unavailability, such information shall be stated in the report.
7.2.b.4. The Monitoring Summary Report and the Excursion and Monitoring Plan Performance Report described in subdivision 7.2.b shall not be required to be submitted for any manufacturing process source or combustion source where the only source of sulfur dioxide emissions results from the combustion of pipeline quality natural gas, wood or distillate oil, alone or in combination. The Secretary may also exempt any manufacturing process source or combustion source from the requirement to submit the two reports referenced in this paragraph provided the Secretary is satisfied that sufficient information has been submitted to demonstrate the following: 7.2.b.4.A The only source of sulfur dioxide emissions results from the combustion of fuel having a similar ratio of sulfur content to heating value as the other fuels mentioned in this paragraph;
7.2.b.4.B. Maximum emissions from the combustion of such fuel will be well below the applicable standard; and
7.2.b.4.C. Any other site-specific information identified by the Secretary has been addressed.
Appendix A - CEMS Summary Report Pollutant SO2 Company Reporting Period: Calendar Quarter to Monitor Manufacturer:
Model Number:
Emission Limitation
Regulation Limit Units Period Date of Last Certification or Audit:
45 CSR 10
Process Unit(s) Description:
Total Source Operating Time minutes Emissions Data Summary CEMS Performance Summary 1. Duration of excess emissions in reporting period due to:
- CEMS Downtime in reporting period due to:
a. Monitor Equipment Malfunction a. Startup/Shutdown b. Malfunctions due to Control Equipment Problems b. Other Equipment Malfunction c. Malfunctions due to Process Problems c. Quality Assurance Calibration d. Other Known Causes d. Other Known Causes e. Unknown Causes e. Unknown Causes 2. Total Duration 2. Total CEMS Downtime 3. Percent Excess Emissions % % Excess Emissions = 100 * (Total Duration / Total source Operating Time)
- Percent CEMS Downtime % % Downtime = 100 8 (Total COMS Downtime / Total Source Operating Time)
Please Note:
-
Separate Summary Reports are required for each process in the system when it has separate monitoring equipment.
-
Total source operating time means the total time which the affected source is operating, including all periods of start-up, shut-down, malfunction, or CEMS downtime as those times are defined under the rule.
-
All times for SO2 emissions are to be reported in hours.
-
On a separate page describe any changes since the last reporting period to the CEMS process or controls.
-
Other reports may be necessary to meet requirements.
Appendix B -Registration Table 1 - Sum of Design Heat Inputs for Similar Units Type ‘a’ Type ‘b’ Type ‘c’ (A)
Unit ID (B)
DHI (mmBTU)
(C)
Unit ID (D)
DHI (mmBTU)
(E)
Unit ID (F)
DHI (mmBTU)
Sum of DHI for all Type ‘a’ units Sum of DHI for all Type ‘b’ units Sum of DHI for all Type ‘c’ units Table 2 - Weight Emission Limits for Similar Units (A)
(B)
Total Design Heat Input (mmBTU)
(C)
Factor from 45CSR10, Section 3 (lb/mmBTU)
(D)
Weight Emission Rate (lb/hr)1,2 [B * C = D]
Sum of DHI for all Type ‘a’ units Sum of DHI for all Type ‘b’ units Sum of DHI for all Type ‘c’ units Table 3 - Registration of Standard Individual Stack Emission Rates (A)
Stack ID (B)
Identify each unit venting thru stack (C)
Sum of DHI for all units venting thru stack (mmBTU)
(D)
Sum of DHI for all Similar Units (Table 2, Column B)
(mmBTU)
(E)
Wt. Emission Rate for all Similar Units (Table 2, Column D)
(mmBTU)
(F)
Stack Emission Rate (lb/hr)
[(C/D) *E = F]
Sum of Standard Stack Allowable Emission Rates (lb/hr)
The owner or operator may register individual stack allowable emission rates, differing from those calculated above, as provided for in 45CSR10, Subsection 3.4.
Table 4 - Registration of Alternative Stack Emission Rates (A)
Stack ID (B)
Identify each unit venting thru stack (C)
Alternative Stack Emission Rate (lb/hr)
Sum of Alternative Stack Emission Rates (lb/hr)1 1 The sum of the Alternative stack emission rates for similar units shall not exceed the weight emission rates for similar units in Table 2, Column D.
Series 11 Prevention Of Air Pollution Emergency Episodes
W. Va. Code R. § 45-11-1 General
1.1. It is the intent of the Director to provide a mechanism to prevent the buildup of air pollutant concentrations during periods of adverse meteorological conditions in which air pollutants may accumulate, thereby preventing the occurrence of an emergency due to the effects of these pollutants on health. To achieve this purpose, three (3) stages of criteria (pollutant concentration levels) have been established and specific emission reduction plans will be developed which will be initiated at each criteria stage to prevent further deterioration of the air supply to any air quality region or substantial portion thereof.
1.2. Authority. -- W. Va. Code '22-5-1 et seq.
1.3. Filing Date. -- April 25, 1990.
1.4. Effective Date. -- April 25, 1990.
W. Va. Code R. § 45-11-2 Definitions
2.1. "Air Pollution Episode" means the occurrence of adverse meteorological conditions during which air pollutants accumulate, so that the pollutant is exposed to an elevated concentration of airborne contaminants.
2.2. [RESERVED]
2.3. "Director" means the Director of the Division of Environmental Protection.
2.4. "Particulate Matter" means any material, except uncombined water, that exists in a finely divided form as a liquid or solid.
2.5. "PM10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers.
2.6. "Standard Conditions" means, for the purposes of this rule, a temperature of 25"C and a pressure of 760 millimeters of mercury column.
2.7. "Region" means a Federal Air Quality Control Region designated by the Administrator of the Environmental Protection Agency.
2.8. "Person" means any and all persons, natural or artificial, including any municipal, 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. "Priority" means the numerical classification assigned to each Air Quality Control Region by the Environmental Protection Agency as follows: (Pollutant Table found at end of this rule.)
W. Va. Code R. § 45-11-3 Episode Criteria
3.1. Conditions justifying the proclamation of an Air Pollution Alert or Air Pollution Warning shall exist whenever, the Director determines that the accumulation of air pollutants in any place is attaining or has attained levels which could, if such levels are exceeded, lead to an Air Pollution Emergency. In making this determination the Director shall be guided by the following criteria:
3.1.a. Air Pollution Forecast. An internal watch by the Director will be actuated by a National Weather Service advisory that an Atmospheric Stagnation Advisory is in effect or by the issuance of any equivalent local forecast or stagnant atmospheric conditions by the Director.
3.1.b. Air Pollution Alert. An alert shall be declared by the Director when any one of the following levels is reached at any monitoring site and meteorological conditions are such that pollutant concentrations can be expected to remain at these levels for twelve (12) or more hours or increase unless control actions are taken:
Sulfur Dioxide 800 micrograms per cubic meter (0.3 parts per million), 24-hour average PM10 350 micrograms per cubic meter, 24-hour average Carbon Monoxide 17 milligrams per cubic meter (15 parts per million), 8-hour average Ozone (O3) 400 micrograms per cubic meter (0.2 parts per million), 1-hour average Nitrogen Dioxide 1,130 micrograms per cubic meter (0.6 parts per million), 1-hour average 282 micrograms per cubic meter (0.15 parts per million), 24-hour average
3.1.c. Air Pollution Warning. A warning shall be declared by the Director when any one of the following levels is reached at any monitoring site and meteorological conditions are such that pollutant concentrations can be expected to remain at these levels for twelve (12) or more hours or increase unless control actions are taken:
Sulfur Dioxide 1600 micrograms per cubic meter (0.6 parts per million), 24-hour average PM10 420 micrograms per cubic meter, 24-hour average Carbon Monoxide 34 milligrams per cubic meter (30 parts per million), 8-hour average Ozone (O3) 800 micrograms per cubic meter (0.4 parts per million), 1-hour average Nitrogen Dioxide 2,260 micrograms per cubic meter (1.2 parts per million), 1-hour average 565 micrograms per cubic meter (0.3 parts per million), 24-hour average
3.1.d. Air Pollution Emergency. Conditions justifying the proclamation of an Air Pollution Emergency shall exist whenever the Director determines that the accumulation of air pollutants in any place has attained levels which require immediate action for the protection of the public health. The emergency level indicates that air quality is continuing to degrade and is approaching a level that should never be reached, and that the most stringent control actions are necessary. In making this determination, the Director shall declare any emergency when any one of the following levels is reached at any monitoring site and meteorological conditions are such that this condition can be expected to continue for twelve (12) or more hours:
Sulfur Dioxide 2100 micrograms per cubic meter (0.8 parts per million), 24-hour average PM10 500 micrograms per cubic meter, 24-hour average Carbon Monoxide 46 milligrams per cubic meter (40 parts per million), 8-hour average Ozone (O3) 1000 micrograms per cubic meter (0.5 parts per million), 1-hour average Nitrogen Dioxide 3,000 micrograms per cubic meter (1.6 parts per million), 1-hour average 750 micrograms per cubic meter (0.4 parts per million), 24-hour average An air pollution emergency will be declared by an order entered by the Director with the written approval of the Governor.
3.1.e. Termination. Once declared, any status reached by application of these criteria will remain in effect until the criteria for that level are no longer met. At such time, the next lower status will be assumed.
3.2. The episode criteria presented in Section 3.1 of this rule establish the basis for emission control action to be initiated to prevent an Air Pollution Emergency Episode. The stringent control actions required in Section 6 of this rule when the emergency stage has been declared are designed to prevent air pollutant concentrations from reaching levels which, in the judgement of the Director, could constitute imminent and substantial endangerment to health.
W. Va. Code R. § 45-11-4 Methods of Measurement
4.1. PM10 concentrations shall be measured in the ambient air as particulate matter with an aerodynamic diameter less than or equal to 10 micrometers by:
4.1.a. Reference method based on Appendix J of 40 CFR 50, or
4.1.b. An equivalent method designated in accordance with 40 CFR 53.
4.2. Sulfur dioxide concentrations shall be measured in ambient air as sulfur dioxide by:
4.2.a. Reference method based on Appendix A of 40 CFR 50, or
4.2.b. An equivalent method designated in accordance with 40 CFR 53.
4.3. Carbon monoxide concentrations shall be measured in ambient air as carbon monoxide by:
4.3.a. Reference method based on Appendix C of 40 CFR 50, or
4.3.b. An equivalent method designated in accordance with 40 CFR 53.
4.4. Nitrogen dioxide concentrations shall be measured in ambient air as nitrogen dioxide by:
4.4.a. Reference method based on Appendix F of 40 CFR 50, or
4.4.b. An equivalent method designated in accordance with 40 CFR 53.
4.5. Ozone concentrations shall be measured in the ambient air as ozone by:
4.5.a. Reference method based on Appendix D of 40 CFR 50, or
4.5.b. An equivalent method designated in accordance with 40 CFR 53.
W. Va. Code R. § 45-11-5 Preplanned Reduction Strategies
5.1. Any person responsible for the operation of a stationary source of air pollutants emitting 100 tons (90.7 metric tons) per year or more in a region classified Priority I or II for any pollutant, shall prepare standby plans for reducing the emission of air pollutants during periods of an Air Pollution Alert, Air Pollution Warning, and Air Pollution Emergency. Standby plans shall be designed to reduce or eliminate emission or air pollutants in accordance with the objectives set forth in Tables I, II, and III of this rule.
5.2. Any person responsible for the operation of a source of air pollutants not set forth under Section 5.1. of this rule shall, when requested by the Director, prepare standby plans for reducing the emissions of air pollutants in accordance with the objectives set forth in Table I, II, and III of this rule.
5.3. Standby plans as required under Sections 5.1. and 5.2. shall be in writing and shall include, but not be limited to, identification of the sources of air pollutants, the approximate amount of reduction of pollutants, and a brief description of the manner in which the reduction will be achieved during an Air Pollution Alert, Air Pollution Warning, and Air Pollution Emergency. Such information shall be filed on forms and in a manner acceptable to the Director.
5.4. During a condition of Air Pollution Alert, Air Pollution Warning, or Air Pollution Emergency, standby plans as required by this section shall also be made available on the premises to the Director or his duly authorized representative.
5.5. Standby plans as required by this section shall be submitted to the Director upon request within sixty (60) days of the receipt of such request. All standby plans shall be subject to review and approval by the Director. If, in the opinion of the Director, a standby plan does not effectively carry out the objectives as set forth in Tables I, II, and III of this rule, the Director may disapprove it, state its reason for disapproval, and order the preparation of an amended standby plan within the time period specified in the order.
W. Va. Code R. § 45-11-6 Emission Reduction Plans
6.1. Air Pollution Forecast. When the National Weather Service issues a public announcement that an Atmospheric Stagnation Advisory is in effect or the equivalent local forecast of stagnant atmospheric conditions is issued by the Director, no open burning shall be conducted.
6.2. Air Pollution Alert. When an Air Pollution Alert is declared in the manner provided in Section 3.1.b. of this rule, any person responsible for the operation of a source, who is required under Section 5 of this rule to have standby plans, shall put into effect the preplanned abatement strategy for an Air Pollution Alert when notified by the Director or his duly authorized representative. All other persons responsible for the operation of sources of air pollution shall take actions as required in Table I of this rule.
6.3. Air Pollution Warning. When an Air Pollution Warning is declared in the manner provided in Section 3.1.c. of this rule, any person responsible for the operation of a source, who is required under Section 5 of this rule to have standby plans, shall put into effect the preplanned abatement strategy for an Air Pollution Warning when notified by the Director or his duly authorized representatives. All other persons responsible for the operation of sources of air pollutants shall take actions as required in Table II of this rule.
6.4. Air Pollution Emergency. When an Air Pollution Emergency is declared in the manner provided in Section 3.1.d. of this rule, any person responsible for the operation of a source, who is required under Section 5 of this rule to have standby plans, shall put into effect the preplanned abatement strategy for an Air Pollution Emergency when notified by the Director or his duly authorized representative of such emergency. All other persons responsible for the operation of sources of air pollutants shall take actions as required in Table III of this rule.
6.5. When the Director determines that a specified criteria level has been reached at one or more monitoring sites solely because of emissions from a limited number of sources, the Director shall notify such source(s) that the preplanned abatement strategies of Tables I, II, and III of this rule or the standby plans are required, insofar as it applies to such source(s), and shall be put into effect until the criteria of the specified level are no longer met. (Tables I, II, and III can be found at the end of this rule.)
W. Va. Code R. § 45-11-7 Air Pollution Emergencies; Contents of Order; Hearings; Appeals
7.1. As provided in W.Va. Code '22-5-8, if the Director, with the written approval of the Governor, enters an order declaring an Air Pollution Emergency, as provided in Section 3.1.d. of this rule hereof, it shall, in such order, direct what action shall be taken by the Director to bring about the reduction or prevention of emissions substantially contributing to said Emergency. In such order the Director shall also fix a time (which shall be not later than twenty-four (24) hours from the time of entry of such order) and place for a hearing to be held by the Director for the purpose of investigating and determining the factors bearing upon the existence of and contribution to the alleged Emergency.
7.2. A true copy of any such order shall be served upon all persons whose interest are directly prejudiced by such order in the same manner as a summons in a civil action may be served, and a true copy shall also be posted on the front door of the courthouse of the county in which the alleged emergency conditions originated. All persons whose interests are prejudiced or affected in any manner by any such order shall have the right to appear in person or by counsel at such hearing and to present relevant evidence. Within twenty-four (24) hours after the completion of the hearing, the Director shall affirm, modify or set aside said order in accordance and consistent with the evidence adduced at such hearing.
7.3. Any person aggrieved by any such final action of the Director may thereafter exercise the rights of judicial review and appeal which are set forth in the statute hereinabove cited.
W. Va. Code R. § 45-11-8 Inconsistency Between Rules
8.1. In the event of any inconsistency between this rule and any other rule of the Director, the resolution of 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.
POLLUTANT TABLE 45CSR11
POLLUTANT
Photo- REGION Particulate Sulfur Carbon Nitrogen Chemical Hydro- Matter Oxides Monoxide Dioxide Oxidants Carbons (Ozone)
Region I* I I III III III III Region II* I II III III III III Region III* I III III III III III Region IV I III III III III III Region V III III III III III III Region VI I III III III III III Region VII* I I III III III III Region VIII III III III III III III Region IX III III III III III III Region X III III III III III III * Interstate Regions TABLE I - EMISSION REDUCTION PLANS Alert Level
Part A. General 1. There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in any form.
-
The use of incinerators for the disposal of any form of solid waste shall be limited to the hours between 12 noon and 4 p.m.
-
Persons operating motor vehicles should eliminate all unnecessary operations.
-
Persons operating fuel-burning equipment which requires boiler lancing or soot blowing shall perform such operations only between the hours of 12 noon and 4 p.m.
Part B. Source Curtailment Any person responsible for the operation of a source of air pollutants listed below shall take all required control actions for this Alert Level:
- Coal or oil-fired electric a. Substantial reduction by utilization power generating facilities of fuels having low ash and sulfur content.
b. Substantial reduction by diverting electric power generation to facilities outside of Alert Area.
c. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric turbulence for boiler lancing and soot blowing.
TABLE I (Cont'd)
- Coal and oil-fired process a. Substantial reduction by utilization steam generating facilities of fuels having low ash and sulfur content.
b. Substantial reduction of steam load demands consistent with continuing plant operations.
c. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric turbulence for boiler lancing and soot blowing.
- Manufacturing industries of a. Substantial reduction of air pollutants from the following characteristics: manufacturing operations by curtailing, postponing, or deferring production and Primary Metals Industry allied operations.
Petroleum Refining Operations Chemical Industries b. Maximum reduction by deferring trade waste Mineral Processing Industries disposal operations which emit solid particles, Paper and Allied Products gases, vapors, or malodorous substances.
Grain Industry c. Maximum reduction of heat load demands for processing.
d. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric turbulence for boiler lancing and soot blowing.
TABLE II - EMISSION REDUCTION PLANS
Warning Level
Part A. General 1. There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in any form.
-
The use of incinerators for the disposal of any form of solid waste or liquid waste shall be prohibited.
-
Persons operating motor vehicles must reduce operations by the use of car pools and increased use of public transportation and elimination of unnecessary operation.
-
Persons operating fuel-burning equipment which requires boiler lancing or soot blowing shall perform such operations only between the hours of 12 noon and 4 p.m.
-
The operation of coal or wood stoves should be limited to daylight hour use only except in homes or buildings where the stoves are the sole source of heat.
Part B. Source Curtailment Any person responsible for the operation of a source of air pollutants listed below shall take all required control actions for this Warning Level:
- Coal or oil-fired electric a. Maximum reduction by utilization power generating facilities utilization of fuels having lowest ash and sulfur content.
b. Maximum reduction by diverting electric power generation to facilities outside of Warning area.
c. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric turbulence for boiler lancing and soot blowing.
TABLE II (Cont'd)
- Coal and oil-fired process a. Maximum reduction by utilization steam generating facilities of fuels having lowest available ash and sulfur content.
b. Substantial reduction of steam load demands consistent with continuing plant operations c. Making ready for use a plan of action to be taken if an emergency develops.
d. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric turbulence for boiler lancing and soot blowing.
- Manufacturing industries a. Maximum reduction of air which require considerable contaminants from manufacing lead time for shut-down operations by, if necessary, including the following assuming reasonable economic classifications: hardships by postponing production and allied operations.
Petroleum Refining Chemical Industries b. Maximum reduction by deferring Primary Metals Industries trade waste disposal operations Glass Industries which emit solid particles, gases Paper and Allied Products malodorous substances.
c. Maximum reductions of heat load demands for processing.
d. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric turbulence for boiler lancing and soot blowing.
TABLE II (Cont'd)
- Manufacturing industries a. Elimination of air pollutants from which require relatively manufacturing operations by short lead times for shut- ceasing, curtailing, postponing or down including the following deferring production and allied classifications: operations to the extent possible without causing injury to persons or damage to equipment.
Primary Metals Industries Chemical Industries b. Elimination of air pollutants from Mineral Processing Industries trade waste disposal processes Grain Industry which emit solid particles, gases, vapors, or malodorous substances.
c. Maximum reduction of heat load demands for processing.
d. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric turbulence for boiler lancing and soot blowing.
TABLE III - EMISSION REDUCTION PLANS
Emergency Level
Part A. General 1. There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in any form.
-
The use of incinerators for the disposal of any form of solid or liquid waste shall be prohibited.
-
All places of employment described below shall immediately cease operations:
a. Mining and quarrying of nonmetallic minerals.
b. All construction work except that which must proceed to avoid emergent physical harm.
c. All manufacturing establishments except those required to have in force an air pollution emergency plan.
d. All wholesale trade establishments, i. e., places of business primarily engaged in selling merchandise to retailers, or industrial, commercial, institutional or professional users, or to other wholesalers, or acting as agents in buying merchandise for or selling merchandise to such persons or companies, except those engaged in the distribution of drugs, surgical supplies and food.
e. All offices of local, county, and State government including authorities, joint meetings, and other public bodies except such agencies which are determined by the chief administrative officer of local, county, or State government, authorities, joint meetings and other public bodies to be vital for public safety and welfare and the enforcement of the provisions of this order.
f. All retail trade establishments except pharmacies, surgical supply distributors, and stores primarily engaged in the sale of food.
g. Banks, credit agencies other than banks, securities and commodities brokers, dealers, exchanges and services; offices of insurance carriers, agents and brokers, real estate offices.
h. Wholesale and retail laundries, laundry services and cleaning and dyeing establishments; photographic studios; beauty shops, barber shops, shoe repair shops.
i. Advertising offices; consumer credit-reporting, adjustment and collection agencies; duplicating, addressing, blueprinting, photocopying, mailing, mailing list and stenographic services; equipment rental services, commercial testing laboratories.
j. Automobile repair, automobile services, garages.
k. Establishments rendering amusement and recreational services including motion picture theaters.
TABLE III (Cont'd)
l. Elementary and secondary schools, colleges, universities, professional schools, junior colleges, vocational schools, and public and private libraries.
-
All commercial and manufacturing establishments not included in this order will institute such actions as will result in maximum reduction of air pollutants from their operation by ceasing, curtailing, or postponing operations which emit air pollutants to the extent possible without causing injury to persons or damage to equipment.
-
The use of motor vehicles is prohibited except in emergencies with the approval of local or State police.
-
The operation of coal or wood stoves is discouraged except in homes where the stoves are the sole source of heat.
Part B. Source Curtailment Any person responsible for the operation of a source of air pollutants listed below shall take all required control actions for this Emergency Level:
- Coal or oil-fired electric a. Maximum reduction by utilization power generating facilities of fuels having lowest ash and sulfur content.
b. Maximum reduction by diverting electric power generation to facilities outside of Emergency area.
c. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric turbulence for boiler lancing and soot blowing.
TABLE III (Cont'd)
- Coal and oil-fired process a. Maximum reduction by reducing steam generating facilities heat and steam demands to absolute necessities consistent with preventing equipment damage.
b. Taking the action called for in the emergency plan.
c. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric turbulence for boiler lancing and soot blowing.
- Manufacturing industries of a. Elimination of air pollutants from the following classifications: manufacturing operations by ceasing, curtailing, postponing, or deferring production and allied operations to Primary Metals Industries the extent possible without causing Petroleum Refining injury to persons or damage to Chemical Industries equipment.
Mineral Processing Industries Grain Industry b. Elimination of air pollutants from trade Paper and Allied Products waste disposal processes which emit solid particles, gases, vapors, or malodorous substances.
c. Maximum reduction of heat load demands for processing.
d. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric turbulence for boiler lancing and soot blowing 45CSR11
Series 13 Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Admin. Updates, Temporary Permits, General Permits, Permission to Commence Contruction and Procedures for Evaluation
W. Va. Code R. § 45-13-1 General
1.1. Scope. -- The purpose of this rule is to set forth the procedures for stationary source reporting, and the criteria for obtaining a permit to construct and operate a new stationary source which is not a major stationary source, to modify a non-major stationary source, to make modifications which are not major modifications to an existing major stationary source, to relocate non-major stationary sources within the state of West Virginia, and to set forth procedures to allow facilities to commence construction in advance of permit issuance. Such construction, modification, relocation, and operation without a required permit is a violation of this rule. This rule also establishes the requirements for obtaining an administrative update to an existing permit, a temporary permit or a general permit registration, and for filing notifications and maintaining records of changes not otherwise subject to the permit requirements of this rule. This rule does not apply to nonroad engines, nonroad vehicles, motor vehicles, or other emission sources regulated under Subchapter II of the federal Clean Air Act; however, the Secretary may regulate such sources pursuant to another rule promulgated for that purpose.
1.2. Authority. -- W. Va. Code §§ 22-5-11 and 11a.
1.3. Filing Date. -- May 15, 2017.
1.4. Effective Date. -- June 1, 2017.
W. Va. Code R. § 45-13-2 Definitions
2.1. "Actual emissions" means the actual rate of emissions of a pollutant from an emissions unit, as described below:
2.1.a. In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a two (2)-year period which precedes the particular date and which is representative of normal source operation. The Secretary may allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.
2.1.b. The Secretary may presume that source-specific allowable or permitted emissions for the unit are equivalent to the actual emissions of the unit.
2.1.c. For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date or the actual emissions of an existing source with similar operations and production levels at the Secretary’s discretion.
2.2. “Administrative update” means any revision of a current and valid permit or general permit registration which meets the provisions of Section 4 of this Rule.
2.3. "Clean Air Act" ("CAA") means the federal Clean Air Act, as found at 42 U.S.C. § 7401 et seq., as amended.
2.4. "Commenced" means that an owner or operator has all necessary preconstruction approval or permits and has undertaken a continuous program of physical site preparation, construction, modification, or relocation, or that a binding general construction contract has been entered into which obligates one (1) party to such contract to perform the physical work involved in such program of construction, modification, or relocation of a source or emissions unit. Interruptions resulting from acts of God, strikes, or other matters beyond the control of the owner shall be disregarded in determining whether a construction, modification, or relocation program is continuous unless otherwise specifically provided within this rule.
2.5. "Construction" means any physical change or change in the method of operation (including onsite fabrication, erection, installation, demolition, or modification of an emissions unit) which would result in an increase in the potential to emit or an increase in actual emissions of regulated air pollutants unless otherwise specifically provided within this rule.
2.6. “De minimis source” means any emissions unit listed in Table 45-13B below, whether individual or a part of a common plan (i.e., a common set of new sources or physical changes in or changes in the method of operation of any existing stationary source). A “de minimis source” is deemed to have insignificant emissions and/or is not usually a source of quantifiable emissions which can be practically regulated in determining potential to emit or actual emissions for the purpose of determining whether a permit is required under this rule. Emissions to the extent quantifiable from emissions units listed in Table 45-13B do not need to be added together by the source unless otherwise required by the Secretary.
2.6.a. Unless otherwise determined by the Secretary, emissions from a de minimis source shall not be included in determining the “potential to emit” for purposes of applicability under this rule. However, in implementing the permitting program under this rule, the Secretary may require emissions information for de minimis sources for inclusion in a permit review. Sources located in nonattainment areas may not be eligible to use Table 45-13B for the pollutant or its precursors for which the area is in nonattainment. Inclusion of an emissions unit in Table 45-13B does not preclude the source’s duty to comply with W. Va. Code § 22-5-1, et seq. and all applicable State rules and federal regulations, including 45CSR4.
2.6.b. Emissions units listed in Table 45-13B do not require any monitoring, recordkeeping or reporting unless specifically requested by the Secretary.
2.6.c. Notwithstanding any other requirements and standards of this rule, a source may use the procedures described in subsection 5.12 to petition the Secretary for a determination of regulatory applicability for a particular emissions unit that may meet the criteria for a “de minimis source” but which is not specifically listed in Table 45-13B.
2.7. “Secretary” means the Secretary of the Department of Environmental Protection or such other person to whom the Secretary has delegated authority or duties pursuant to W. Va. Code §§ 22-1-6 or 22-1-8.
2.8. "Discharge" means the release, escape, or emission of air pollutants into the air.
2.9. "Emissions unit" means any part or activity of a stationary source that emits or discharges or has the potential to discharge or emit any regulated air pollutant.
2.10. "Enforceable” means enforceable by the Secretary and U. S. EPA unless specifically designated to mean otherwise in this rule.
2.11. "EPA" or "U. S. EPA" means the United States Environmental Protection Agency.
2.12. "Existing stationary source operating permit" means a permit issued by the Secretary at the request of an owner or operator of a stationary source which establishes enforceable emission rates, operating conditions, and compliance determination procedures for that source based upon applicable rules and terms agreed to by the Secretary and the owner or operator.
2.13. "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening.
2.14. "Hazardous air pollutant" or “HAP” means any substance listed pursuant to section 112(b) of the Clean Air Act.
2.15. "Major modification" has the meanings ascribed to this term in 45CSR14 or 45CSR19 depending upon the attainment status, with respect to the National Ambient Air Quality Standards, of the area in which a particular stationary source is located.
2.16. "Major stationary source" has the meaning ascribed to this term in 45CSR14, 45CSR19 or 45CSR30.
2.17. "Modification" for the purpose of this rule means any physical change in or change in the method of operation of any existing stationary source, excluding any emissions unit which meets or falls below the criteria delineated in Table 45-13B, which:
2.17.a. Results in an emissions increase of six (6) pounds per hour and ten (10) tons per year or more, or more than 144 pounds per calendar day, of any regulated air pollutant, other than emissions of any one or the aggregate of all Greenhouse Gases (GHG’s), the air pollutant defined in 40 C.F.R. § 86.1818-12(a) as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride;
2.17.b. Results in an emissions increase of two (2) pounds per hour or five (5) tons per year of hazardous air pollutants considered on an aggregated basis;
2.17.c. Results in an increase in emissions of an air pollutant listed in Table 45-13A below of ten percent (10%) or more of the amount set forth in Table 45-13A at a facility which, prior to the physical change or change in method of operation, has the potential to emit the air pollutant at or above the amount set forth in Table 45-13A; provided that nothing in this subdivision shall affect the facility’s obligation to comply with 45 C.S.R. 27;
2.17.d. Results in an increase in emissions of any air pollutant listed in Table 45-13A that would in turn result in total emissions of the air pollutant at the stationary source equal to or greater than the amounts in Table 45-13A; or
2.17.e. Results in any regulated air pollutant emissions increase for which the owner or operator of a source voluntarily chooses to obtain a modification permit pursuant to this rule, even though the owner or operator is not otherwise required to do so.
2.17.f. The following actions, however, shall not constitute a modification of a stationary source:
2.17.f.1. Installation or replacement of air pollution control equipment, provided that such new equipment is at least as effective in the control of air pollutant emissions as any equipment replaced and that no new air pollutant discharge results from its installation;
2.17.f.2. Routine maintenance, repair, and replacement (excluding such activities that are subject to new source performance standards under 45CSR16);
2.17.f.3. An increase in hours of operation, unless a limitation has been explicitly placed upon hours of operation in an applicable permit or order;
2.17.f.4. An increase in throughput or production rate, if such increase does not exceed the design capacity of the source or emissions unit, or increase emissions above the levels provided in this paragraph and there is no explicit limitation of production rate or throughput in an applicable permit or order; or
2.17.f.5. Use of an alternative fuel or raw material, provided that the source is designed to accommodate such alternative use without increasing emissions above the levels provided in this paragraph and such usage is not prohibited by an applicable permit or order.
2.17.f.6. An emissions reduction for each regulated pollutant from current actual emissions to new potential emissions from any replacement of a natural gas compressor engine not previously required to obtain a permit under this rule with another natural gas compressor engine: provided that the owner or operator of the source shall notify the Secretary of such replacement and the emissions reduction within ten (10) working days of the replacement.
2.18. "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, association or business entity of whatever nature.
2.19. "Potential to emit" means the maximum design capacity of a stationary source or emissions unit to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source or emissions unit to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed shall be treated as part of its design if the limitation or the effect it would have on emissions is enforceable by the Secretary and U. S. EPA in any permit or consent order. Secondary emissions shall not be included in any determination of a stationary sources potential to emit.
2.19.a. Notwithstanding the provisions of subsection 2.19, any natural gas compressor which is equipped with a catalytic converter which is integral to the unit shall have its potential to emit determined taking into consideration reductions achieved by the catalytic converter Said catalytic converter must be interlocked in such a way as to not allow operation of the engine without operation of the catalytic converter. The catalytic converter shall have the catalyst replaced every 45,000 hours of operation or every ten (10) years, whichever is earlier, as established by records kept by the source, unless the Secretary approves an alternative method of verifying catalyst effectiveness.
2.19.b. Upon written petition by a facility that an air pollution control device is inherent to the emission unit, the Secretary may rule on a case-by-case basis that potential to emit may be determined taking into consideration reductions achieved by the control device. “Inherent to the emission unit” means that the emission unit cannot be operated without the air pollution control device being properly maintained.
2.20. "Regulated air pollutant" for the purpose of this rule means the following:
2.20.a. Nitrogen oxides (NOx), volatile organic compounds (VOC), or particulate matter;
2.20.b. Any air pollutant for which a national ambient air quality standard has been promulgated including particulate matter (PM10), sulfur dioxide, carbon monoxide, nitrogen dioxide, ozone, and lead or lead compounds;
2.20.c. Any air pollutant listed on table 45-13A below;
2.20.d. Any air pollutant subject to an emission standard promulgated by the Secretary including mineral acids in 45CSR7;
2.20.e. Any air pollutant subject to a new source performance standard (NSPS) promulgated under section 111 of the Clean Air Act (including section 111(d)), which requires new and modified sources to satisfy emissions standards, work practice standards and other requirements;
2.20.f. Any of the ozone-depleting substances specified as a Class I (primarily chlorofluorocarbons) or Class II substance (hydrochlorofluorocarbons) under Title VI of the Clean Air Act; or
2.20.g. Any air pollutant subject to a standard or other requirement promulgated under section 112 of the Clean Air Act, specifically excluding air pollutants listed only in 112(r).
2.21. "Relocation" means the physical movement of a stationary source outside the existing plant boundaries.
2.22. "Responsible official" means one of the following:
2.22.a. For a corporation or other business entity: a president, secretary, treasurer, or vice-president of the corporation or business entity in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation or business entity, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either (i) the facilities employ more than two hundred fifty (250) persons or have gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000) (in second quarter 1990 dollars), or (ii) a representative delegated with such authority and approved in advance by the Secretary;
2.22.b. For a partnership or sole proprietorship: a general partner or the proprietor, respectively;
2.22.c. For a municipality, State, Federal, or other public entity: either a principal executive officer or ranking elected official. For the purposes of this rule, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of U.S. EPA); or
2.22.d. The designated representative delegated with such authority and approved in advance by the Secretary.
2.23. "Secondary emissions" means emissions which would occur as a result of the construction or operation of a stationary source or of a modification, but do not come from the stationary source or modification itself. For the purpose of this rule, secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include, but are not limited to, emissions from any off-site support facility which would not otherwise be constructed or increase its emissions except as a result of the construction or operation of the stationary source or modification.
2.24. "Stationary source" means, for the purpose of this rule, any building, structure, facility, installation, or emission unit or combination thereof, excluding any emissions unit which meets or falls below the criteria delineated in Table 45-13B, which:
2.24.a. Is subject to any substantive requirement of an emission control rule promulgated by the Secretary;
2.24.b. Discharges or has the potential to discharge more than six (6) pounds per hour and ten (10) tons per year, or has the potential to discharge more than 144 pounds per calendar day, of any regulated air pollutant, other than emissions of any one or the aggregate of all Greenhouse Gases (GHG’s), the air pollutant defined in 40 C.F.R. § 86.1818-12(a) as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride;
2.24.c. Discharges or has the potential to discharge more than two (2) pounds per hour or five (5) tons per year of hazardous air pollutants considered on an aggregated basis;
2.24.d. Discharges or has the potential to discharge any air pollutant(s) listed in Table 45-13A in the amounts shown in Table 45-13A or greater; or
2.24.e. An owner or operator voluntarily chooses to be subject to a construction or modification permit pursuant to this rule, even though not otherwise required to do so.
2.25. “Statutory 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.
2.26. “Store on-site” means that any equipment, supplies, emission unit or any support equipment which make up in part or in whole an emission unit or any support equipment may be received and located at a stationary source, including on its permanent pad or foundation, but it shall not be modified, constructed, erected or installed. Any equipment, supplies, emission unit or any support equipment which make up in part or in whole an emission unit or any support equipment which are “stored on-site” shall be kept in the same condition as it was received, except that packaging material may be removed.
2.27. "Volatile Organic Compounds" (VOC) has the same meaning as defined in 40 CFR § 51.100(s).
2.28. Other words and phrases used in this rule, unless otherwise indicated, have the meaning ascribed to them in W. Va. Code § 22-5-1, et seq. and any rules promulgated thereunder.
W. Va. Code R. § 45-13-3 Reporting Requirements for Stationary Sources
3.1. The owner or operator of a stationary source may be required by the Secretary to collect, report and maintain data on the operation of such stationary source. The Secretary may request reports of such data in a reasonable manner and detail as the Secretary may specify. If requested, such reports shall be filed within thirty (30) days of the end of the established reporting period. However, reports on such data shall not exceed one (1) per month.
W. Va. Code R. § 45-13-4 Administrative Updates to Existing Permits and General Permit Registrations
4.1. Upon the request of the permittee, or with the permittee’s consent, the Secretary may revise or update a valid existing permit or general permit registration issued pursuant to this rule as necessary to incorporate any administrative update identified in subsection 4.2, provided that no administrative update to a general permit registration shall be inconsistent with the terms and conditions of the applicable general permit.
4.1.a. At the Secretary’s discretion a determination may be made that an applicant is not eligible for an administrative update pursuant to this section.
4.1.b. Any final decision on an administrative update application shall be issued by the Secretary within a reasonable time not to exceed sixty calendar days after receipt of a complete application by:
4.1.b.1. Issuing the administrative update;
4.1.b.2. Issuing the administrative update with reasonable conditions in addition to those requested;
4.1.b.3. Denying the administrative update request; or
4.1.b.4. Determining that the requested change does not meet the criteria of this section and should be reviewed under other provisions of this rule or other rules of the Secretary.
4.1.c. Should the Secretary deny an administrative update request, he or she shall do so in writing, providing the reasons therefor. The denial is not subject to public notice or comment nor is it subject to appeal under W. Va. Code §§ 22-5-14 or 22B-1-7. Any permit which is issued as amended pursuant to this section may be appealed under W. Va. Code §§ 22-5-14 or 22B-1-7.
4.1.d. The Secretary may incorporate changes to a permit or general permit registration as an administrative update without providing notice to the public, provided that such permit revisions are designated as Class I administrative updates as defined in subdivision 4.2.a. Class II administrative updates as defined in subdivision 4.2.b require public notice by the applicant at the time of application in accordance with the provisions of subsection 8.3.
4.1.e. Should the Secretary intend to make an administrative update to a permit pursuant to this section with the permittee’s consent, or to make changes to the permittee’s application for an administrative update, the Secretary shall provide the permittee with no less than fifteen (15) days written notice of that intent in order to provide an opportunity for the permittee to comment on that intent before the Secretary takes any of the actions specified in subdivision 4.1.b.
4.2. Administrative updates to a valid existing permit or general permit registration issued pursuant to this rule are authorized with respect to any change under subdivision 4.2.a or 4.2.b that does not otherwise constitute a modification as defined by this rule. No applicant shall seek an administrative update pursuant to this section to circumvent any part of this rule or any other state or federal rule or regulation. Any notification request under subsection 5.12 that the Secretary determines will require an administrative update shall comply with this section.
4.2.a. Class I administrative updates are limited to the following:
4.2.a.1. Correction of typographical errors;
4.2.a.2. Corrections or updates to mailing addresses, contact personnel or telephone numbers if contained in the permit, or change in the name of the permittee which does not involve any change in the ownership or operational control of a permitted source or unit;
4.2.a.3. Change in the construction schedule with regard to any interim schedule requirement to the extent that such a change does not interfere with any obligation under the existing permit to have pollution control equipment installed and in operation and to the extent that such a change is allowed by subsection 10.2;
4.2.a.4. Change in a permit condition to incorporate any new more stringent requirements related to an applicable rule promulgated after the existing permit was issued and that do not result in a physical change in or change in the method of operation of the source;
4.2.a.5. Change in a permit condition to incorporate any new more stringent requirements related to new information not considered at the time the existing permit was issued;
4.2.a.6. Permanent removal of equipment, not including air pollution control equipment;
4.2.a.7. Change in monitoring, recordkeeping or reporting requirements for sources which are not major sources which are determined by the Secretary to be equivalent or superior to the existing permit requirements; or
4.2.a.8. Change in a permit condition as necessary to allow changes in operating parameters, emission points, control equipment or any other aspect of a source which results in no increase in the emission of any existing regulated air pollutant or any new regulated air pollutant.
4.2.b. Class II administrative updates are limited to the following:
4.2.b.1. Change in a permit condition as necessary to allow changes in operating parameters, emission points, control equipment or any other aspect of a source which results in an increase in the emission of any existing regulated air pollutant or any new regulated air pollutant; or
4.2.b.2. Other minor changes as may be allowed on a case-by-case basis by the Secretary.
4.3. A person requesting an administrative update of a permit or general permit registration shall submit any information the Secretary may request describing the effect of the proposed change, if any, on emissions and ambient air quality from the source. The information submitted must be certified to be true, accurate and complete by a responsible official in the manner required for a permit application. Upon a determination by the Secretary that there is a potential for significant ambient air quality impact, the source may be required to submit appropriate additional information or to apply for the appropriate permit. When requested, it is the duty of the applicant to supply sufficient information to the Secretary to demonstrate there will be no significant air quality impact.
4.4. Any permittee other than a small business as defined in section 507(c) of the federal Clean Air Act which requests a Class II administrative update to a valid existing permit pursuant to this section shall submit a permit application fee of three hundred dollars ($300).
4.5. The permittee may implement the changes addressed in the request for a Class I administrative update immediately upon submittal of the request. After the permittee makes the requested Class I changes, and until the Secretary takes any of the actions specified in subdivision 4.1.b, the permittee must comply with the proposed changes to the permit. During this time period, the source need not comply with the existing permit terms and conditions it seeks to change. However, if the permittee fails to comply with its proposed permit change during this period, the existing permit terms and conditions it seeks to modify may be enforced against it. Should the permittee implement such a change immediately, the permittee will do so at its sole risk, and the permittee shall not assert as any argument, including legal or equitable, in any proceeding (administrative, civil or criminal) that such action occurred.
W. Va. Code R. § 45-13-5 Permit Application and Reporting Requirements for Construction of and Modifications to Stationary Sources
5.1. No person shall cause, suffer, allow or permit the construction or modification or relocation and operation of any stationary source to be commenced without notifying the Secretary of such intent and obtaining a permit to construct, modify, relocate and operate the stationary source as required in this rule or any other applicable rule promulgated by the Secretary. Construction of a major stationary source or a major modification shall be subject to the pre-construction permit requirements of 45CSR14 or 45CSR19 depending upon the air pollutants involved and the attainment status of the area in which the source or modification would occur. A source subject to 45CSR14 or 45CSR19 is not subject to the requirements of this rule. For the purposes of this rule, the following do not constitute activities pursuant to subsections 2.4 and 2.5, and prior to obtaining a permit to construct, modify, relocate and operate, a source may:
5.1.a. Clear land;
5.1.b. Grub stumps, roots and other natural impediments to site development;
5.1.c. Excavate, grade and compact topsoil to establish temporary and final grade;
5.1.d. Dig and construct foundations and/or caissons and grade beams;
5.1.e. Demolish existing structures, provided that all activity must comply and comport with all existing State rules and federal regulations including, but not limited to, asbestos requirements pursuant to 45CSR34, applicable National Emission Standards for Hazardous Air Pollutants pursuant to section 112 of the Clean Air Act, applicable requirements of the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), and the West Virginia Solid Waste Management Act, W. Va. Code § 22-15-1, et seq and the rules promulgated thereunder, including 45CSR25;
5.1.f. Upgrade the utility support facilities, provided that in no instance shall these upgrades cause or contribute to new or increased emissions unto themselves or increase emissions from any other unit;
5.1.g. Construct or modify structures which are strictly office buildings, warehouses or buildings that could potentially be used for those purposes;
5.1.h. Order equipment and procure supplies with which an emissions unit could be composed, provided that such ordering and procuring is not in violation of any other state rule; or
5.1.i. Receive or store on-site or off-site any equipment or supplies which make up in part or in whole an emission unit or any support equipment, facilities, building or structure. A source may store on-site any equipment, supplies, emission unit or any support equipment on its permanent pad or foundation or at any other location at the stationary source.
5.2. Prior to obtaining a permit to construct and operate, a source may not cause the erection or installation of an emissions unit unless granted permission under section 16.
5.3. All activities listed under subdivisions 5.1.a. through 5.1.i. shall be conducted solely at the risk of the owner or operator of the stationary source and, in undertaking any such activities, the owner or operator shall not assert as any argument, including legal or equitable, in any proceeding (administrative, civil or criminal) that such activities or investment has occurred.
5.4. Any person proposing to construct, modify, relocate and operate a stationary source after the effective date of this rule shall file a complete permit application with the Secretary and shall not construct, modify, relocate and operate the stationary source until the Secretary issues a permit approving of the construction, modification, relocation and operation. The application shall contain sufficient information as, in the judgment of the Secretary, will enable the Secretary to determine whether the source construction, modification, relocation and operation will be in conformance with the provisions of any applicable rules promulgated by the Secretary. Such information may include, but not be limited to, site information, plans, descriptions, specifications, and drawings relating to the proposed construction, modification, or relocation of the source, the manner in which it will be operated, maximum emission rates and emissions control equipment data.
5.5. Any person who owns or operates an existing stationary source may voluntarily request a permit to operate the stationary source under enforceable terms established in an existing stationary source operating permit issued pursuant to this rule. The owner or operator shall submit a complete permit application requesting coverage under the terms and conditions of an existing source operating permit issued in accordance with the permit application and all applicable rules of the Secretary. The issuance of existing stationary source operating permits by the Secretary shall be in accordance with all provisions of this rule including public participation provisions under section 8.
5.6. All permit applications under this rule shall be signed by a responsible official of the entity which will own or operate the stationary source. The signature shall constitute an agreement that the applicant will assume responsibility for the construction, modification, or relocation and operation of the stationary source in accordance with the permit application, permit, applicable rules promulgated by the Secretary, and W. Va. Code § 22-5-1, et seq.
5.7. The Secretary shall issue such permit or registration unless he or she determines that the proposed construction, modification, registration or relocation will violate applicable emission standards, will interfere with attainment or maintenance of an applicable ambient air quality standard, cause or contribute to a violation of an applicable air quality increment, or be inconsistent with the intent and purpose of this rule or W. Va. Code § 22-5-1, et seq., in which case the Secretary shall issue an order denying such construction, modification, relocation and operation. The Secretary shall, to the extent possible, give priority to the issuance of any such permit so as to avoid undue delay and hardship.
5.7.a. The Secretary shall issue a permit for all construction or modifications and operation of a stationary source within a reasonable time not to exceed ninety (90) calendar days, after the date the Secretary determines the application is complete. The Secretary may extend this time by thirty (30) calendar days to allow for public comment.
5.7.b. The Secretary shall, within a reasonable time not to exceed forty-five (45) calendar days after the date the Secretary determines that an application is complete, issue a registration under a general permit, unless he or she determines that the proposed construction, modification, relocation and operation will not be in accordance with this rule.
5.7.c. The Secretary shall, within a reasonable time not to exceed forty-five (45) calendar days after receipt of a complete application, issue a temporary permit or a relocation permit, unless he or she determines that the proposed construction, modification, relocation and operation will not be in accordance with this rule.
5.8. The Secretary shall review all permit applications for completeness within thirty (30) days from receipt and notify the applicant in writing as to whether the application is complete or specify any information required. Any determination of completeness or lack thereof shall not relieve the permit applicant of the requirement to subsequently submit, in a timely manner, any additional or corrected information deemed by the Secretary to be necessary for permit or general permit registration approval. The Secretary shall act upon all applications; however, the periods set forth in this section for application review by the Secretary shall not be deemed to have begun until such time as the permit application is deemed complete.
5.9. Any denial order for a permit application for the proposed construction, modification, relocation, registration for a general permit and operation of any source shall set forth the reasons of such denial with reasonable specificity.
5.10. The Secretary may impose any reasonable condition as part of a granted administrative update, construction, modification, existing stationary source operating permit or relocation permit. Such condition may include, but not be limited to, the submission of periodic progress, operation or emissions reports, the provisions for a suitable emissions sampling site and the installation of air pollutant monitoring devices. The Secretary shall impose or incorporate, consistent with all applicable rules, enforcement conditions which assure that all emission limitations contained within the permit are quantifiable, permanent and practicably enforceable. The Secretary may, on the basis of information provided in a permit application or with the agreement of the permit applicant, impose source-specific emission limitations, limits on the hours of operation or production rates, or other constraints to minimize air pollutant discharges or establish enforceable emission caps for a stationary source not otherwise specifically required by a rule of the Secretary promulgated pursuant to W. Va. Code § 22-5-1, et seq. Any portions of the permit application, other than plans and specifications, that are to be made permit conditions must be specifically identified in the permit itself.
5.11. The Secretary may develop and issue Class I and Class II general permits under this rule authorizing the construction, modification, relocation and operation of a category of sources by the same owner or operator or involving the same or similar processes or pollutants upon the terms and conditions specified in the general permit.
5.11.a. Class I general permits may be issued by the Secretary for those types of sources considered less significant than sources for which the Secretary issues Class II general permits. In making this determination as to significance, the Secretary shall consider the nature and volume of emissions from the source, whether the source operates on a continuous or an intermittent basis, the proximity of the source to any location occupied by the public and the length of time the source is expected to remain in place. The designation of Class I or Class II for a general permit shall be made at the time the permit goes through public comment and adoption for the source category governed by the general permit.
5.11.b. Class I and II general permits shall be subject to public notice requirements and application fees as specified under sections 8 and 12, respectively.
5.12. The owner or operator of any stationary source which adds an additional emissions unit or makes a change in the method of operation which results in an emissions increase, or in the discharge of a new regulated air pollutant, in an amount below the levels which require a permit to modify, excluding the emissions units listed in Table 45-13B, may notify the Secretary in writing even though a permit is not required. The notification shall briefly describe the emission unit or change, the pollutants involved, the potential to emit for each pollutant increased or added and supporting calculations. Within thirty (30) working days of receipt of such a notice, the Secretary shall notify the owner or operator in writing if the Secretary believes a permit is required, setting forth the reasons with reasonable specificity or shall notify the owner or operator that insufficient information was submitted to enable a determination to be made and specify the information required.
5.13. The owner or operator of any stationary source which adds an additional emissions unit or makes a change in the method of operation which results in an emissions increase, or in the discharge of a new regulated air pollutant, in an amount below the levels which require a permit to modify, excluding the emissions units listed in Table 45-13B, shall maintain records briefly describing the emission unit or change, the pollutants involved, the potential to emit for each pollutant increased or added and supporting calculations. Such records shall be maintained by the owner or operator for at least two (2) years and shall be made available to the Secretary upon request.
5.14. Any person holding a permit issued pursuant to subsection 5.5 may make a written request to the Secretary for a cancellation of such permit. If granted by the Secretary, such a cancellation shall not excuse any violation of the permit terms or conditions prior to the Secretary’s cancellation of such permit. In no case shall such a permit cancellation become effective until the permittee and U.S. EPA are provided with a sixty (60) day written notice of such a permit cancellation.
W. Va. Code R. § 45-13-6 Determination of Compliance of Stationary Sources
6.1. At the time a stationary source is alleged to be in compliance with an applicable emission standard and at reasonable times to be determined by the Secretary thereafter, appropriate tests consisting of visual determinations or conventional in-stack measurements or other tests the Secretary may specify shall be conducted to determine compliance.
6.2. For cause, the Secretary may request the owner or operator of a stationary source to install stack gas monitoring devices the Secretary deems necessary to determine continuing compliance. The data from such devices shall be readily available for review at the source location or other reasonable location that the Secretary may specify. At the request of the Secretary, the data shall be made available for inspection or copying, and the Secretary may require periodic submission of excess emission reports.
6.3. If, after completion of a stack test required by the Secretary, a source fails to prove compliance with permit conditions, W. Va. Code § 22-5-1, et seq., or any rules promulgated thereunder, the source shall immediately take steps approvable by the Secretary which shall assure compliance. These steps may include a reduction in throughput capacity or additional and enhanced control devices.
W. Va. Code R. § 45-13-7 Modeling
7.1. Any source required to obtain a permit pursuant to this rule may be required to conduct modeling to assist the Secretary in determining whether the proposed construction, modification, relocation and operation will interfere with attainment or maintenance of an applicable ambient air quality standard, cause or contribute to a violation of an applicable air quality increment or be inconsistent with the intent and purpose of this rule or W. Va. Code § 22-5-1, et seq. Any modeling required under this subsection shall be conducted in accordance with 40CFR Part 51, Appendix W, or an alternative modeling protocol approved by the Secretary.
W. Va. Code R. § 45-13-8 Public Review Procedures
8.1. The Secretary shall maintain for public review a permit application list of proposed new stationary sources, source modifications, relocations, operating permits, Class II administrative updates, temporary permits, Class II general permit applications/registrations, and sources seeking permission to commence construction in advance of permit issuance containing the name of the applicant, the type and location of the source, and the proposed start-up date for the stationary source.
8.2. During the time period that an applicant's name appears on the permit application list, the Secretary will receive and evaluate written comments relating to the permit application.
8.3. Notice Level A. At the time that an application for a construction, modification, relocation, operating permit, Class II administrative update, temporary permit or Class II general permit registration is filed, the applicant shall also place a Class I legal advertisement in a newspaper of general circulation in the area where the source is or will be located. No such permit or general permit registration shall be issued to any applicant until at least thirty (30) days notice has been provided to the public. The advertisement shall contain at a minimum, the name of the applicant, the type and location of the source, the type and amount of air pollutants that will be discharged, the nature of the permit being sought, the proposed start-up date for the source and a contact telephone number for more information.
8.4. Notice Level B. In addition to the notice requirements under subsection 8.3, for construction and modification applications, applications for sources subject to 45CSR15, 45CSR16, 45CSR27 and 45CSR34, and all other applications not subject to the provisions of subsections 8.3 or 8.5, the Secretary shall place a Class I legal advertisement of the agency’s intent to issue in a newspaper of general circulation in the area where the source is or will be located, provided that applications for Class I administrative updates and Class I general permit registrations are not subject to public notice. No construction, modification or operating permit shall be issued to any applicant until at least thirty (30) days notice has been provided to the public. The advertisement shall contain at a minimum, the name of the applicant, the type and location of the source, the type and amount of air pollutants that will be discharged, the nature of the permit being sought and the proposed start-up date for the source. Additionally, at the Secretary’s discretion, the applicant may be required to place a commercial display advertisement as set forth in subdivision 8.4.a.
8.4.a. Within one week prior to the Secretary’s placement of a Class I legal advertisement of intent to issue or within three (3) working days of the Secretary’s placement of the advertisement, the applicant shall publish a commercial display advertisement in a newspaper of general circulation in the area where the source is or will be located. The commercial display advertisement shall be at least 3 inches by 5 inches and contain at a minimum, the name of the applicant, the type and location of the source, the type and amount of air pollutants that will be discharged, the nature of the permit being sought, the proposed start-up date for the source and a contact telephone number for more information.
8.5. Notice Level C. In addition to the notice requirements under subsection 8.3, for eligible sources for which the agency intends to issue a permit to limit physical and operational capacity below major stationary source thresholds (including 45CSR14, 45CSR19, 45CSR30 and 45CSR34), the Secretary shall place a Class I legal advertisement of the agency’s intent to issue in a newspaper of general circulation in the area where the source is or will be located. No permit shall be issued to any applicant until at least thirty (30) days notice has been provided to the public. The advertisement shall contain at a minimum, the name of the applicant, the type and location of the source, the type and amount of air pollutants that will be discharged, the nature of the permit being sought and the proposed start-up date for the source. Additionally, the applicant shall be required to place a commercial display advertisement as set forth in subdivision 8.4a. and a sign as set forth in subdivision 8.5.a.
8.5.a. Within one week prior to the Secretary’s placement of a Class I legal advertisement of intent to issue or within three (3) working days of the Secretary’s placement of the advertisement of submittal of a permit application, the applicant shall post a visible and accessible sign, at a minimum 2 feet square, at the entrance to the source or proposed site. The sign must be clearly marked indicating that an air quality permit has been applied for and include the West Virginia Division of Air Quality permitting section telephone number for additional information. The applicant must post the sign for the duration of the public notice period.
8.6. At the Secretary’s discretion, public notice requirements of subsection 8.4 may be moved to the next higher notice level.
8.7. The Secretary shall, prior to issuance of any permit subject to public notice under subsections 8.4 or 8.5, prepare an engineering evaluation supporting his or her stated intent to issue such a permit and shall transmit to U. S. EPA and any other interested party which so requests, a non-confidential copy of the engineering evaluation and a draft copy of the permit which is proposed for issuance. Concurrently, the Secretary shall notify the public through a Class I legal advertisement in accordance with the provisions of subsections 8.4 or 8.5.
8.8. The Secretary shall review and appropriately address any comments received from the public and U. S. EPA prior to permit issuance.
8.9. Public notice of any proposed new or revised general permit, Class I or Class II, must be conducted by the agency in accordance with the provisions of subsection 8.4. The Secretary shall, prior to issuance or revision of any general permit, prepare a rationale document supporting his or her stated intent to issue or revise such general permit and shall transmit to U. S. EPA and any other interested party which so requests, a non-confidential copy of the rationale document and a draft copy of the general permit which is proposed for issuance or revision. The Secretary shall review and appropriately address any comments received from the public and U. S. EPA prior to the issuance or revision of any general permit.
W. Va. Code R. § 45-13-9 Public Meetings
9.1. A public meeting(s) to provide information and receive comments on permit applications may be held when the Secretary deems it appropriate or when substantial interest is expressed, in writing, by persons who might reasonably be expected to be affected by the stationary source.
9.2. The Secretary shall preside over such meeting and assure that all interested parties have ample opportunity to present comments. Such meeting shall be held at a convenient place as near as practicable to the location or proposed location of the stationary source.
9.3. At a reasonable time prior to such meeting, the Secretary shall provide appropriate information to news media in the area where the stationary source or proposed stationary source is located or to be located or otherwise provide notice of the meeting.
W. Va. Code R. § 45-13-10 Permit Transfer, Suspension, Revocation and Responsibility
10.1. Any permit issued under this rule may be transferred from a permittee to another person by modification of an existing permit or by transfer under this subsection. Any permit may be transferred to a new permittee if the Secretary determines that the proposed permittee has all necessary permit responsibility and the current permittee notifies the Secretary in writing at least 30 days in advance of the proposed transfer date. The proposed new permittee must certify to the Secretary, at least thirty (30) days in advance of the proposed transfer date, that a complete copy of the existing permit application and permit has been obtained and reviewed and that the new permittee shall adhere to the design and operating parameters contained in the application and comply with all terms and conditions in the permit. The notice must include a written agreement between the existing permittee and proposed new permittee containing a specific date for transfer of the permit and explaining the extent of permit responsibility between them. The Secretary shall notify the existing and proposed new permittee in writing of his or her intent to require the transfer through permit amendment, the filing of a new application or deny the transfer request. If such notification from the Secretary is not received by the existing permittee and proposed new permittee within thirty (30) days after the Secretary’s receipt of their respective notices, then the transfer is effective on the date specified in the written agreement between the permittees.
10.2. The Secretary may suspend or revoke a permit or general permit registration if, after six (6) months from the date of issuance, the holder of the permit cannot provide the Secretary, at the Secretary’s request, with written proof of a good faith effort that construction, modification, or relocation, if applicable, has commenced. Such proof shall be provided not later than thirty (30) days after the Secretary’s request. If construction or modification of a stationary source is discontinued for a period of eighteen (18) months or longer, the Secretary may suspend or revoke the permit or general permit registration.
10.3. The Secretary may suspend or revoke a permit or general permit registration if the plans and specifications upon which the approval was based or the conditions established in the permit are not adhered to. Upon notice of the Secretary’s intent to suspend, modify or revoke a permit, the permit holder may request a conference with the Secretary in accordance with the provisions of W. Va. Code § 22-5-5 to show cause why the permit or general permit registration should not be suspended, modified or revoked. After that conference, or if no conference is requested, the Secretary shall issue an order suspending, modifying or revoking the permit and send a copy of the same to the permit holder. If the permittee is aggrieved by the Secretary’s order, the permittee may appeal the same to the Air Quality Board in accordance with the provisions of W. Va. Code § 22B-1-1, et seq.
10.4. Possession of a permit does not relieve any person of the responsibility of complying with any and all applicable provisions of Chapter 22 of the West Virginia Code or any applicable rules promulgated thereunder.
10.5. A source which has not operated at least 500 hours in one 12-month period within the previous five (5)-year time period may be considered permanently shutdown, unless such source can provide to the Secretary, with reasonable specificity, information to the contrary. All permits or general permit registrations may be modified or revoked and/or reapplication or application for new permits may be required for any source determined to be permanently shutdown.
W. Va. Code R. § 45-13-11 Temporary Construction or Modification Permits
11.1. Upon written request by an owner or operator of a source, the Secretary may allow the owner or operator to make limited changes for experimental, testing, commercial development and other temporary purposes for limited periods of time without applying for a construction permit or permit modification otherwise required under the provisions of this rule for such activity. If granted, the temporary permit shall indicate the nature of the activity being approved, the time period for which the approval is being granted, and any conditions to be imposed on the approved activity.
11.2. To permit experimental, testing, commercial development and other temporary purposes, the Secretary may issue temporary permits for periods up to six (6) months (which may be extended in writing for up to twelve (12) additional months at the Secretary’s discretion) upon the submission of a written application for such extension to the Secretary by the owner or operator. The Secretary may impose any reasonable conditions as part of a temporary permit which may include, but not be limited to, the submission of periodic progress or operation reports, the provision of suitable sampling sites for tests, emissions testing by the permittee, and the installation, operation, and maintenance of air pollutant monitoring devices.
11.2.a. The Secretary shall maintain for public review a permit application list of all pending applications for temporary permits containing, at a minimum, the name of the applicant, the type and location of the source, and the proposed start-up date for the stationary source. At the same time that an application for a temporary permit is filed with the Secretary, the applicant shall also place a Class I legal advertisement in a newspaper of general circulation where the source is or will be located. The advertisement shall contain the information required under subsection 8.3. No temporary permit may be issued by the Secretary until a thirty (30) day comment period is provided. During this time, the Secretary will receive and evaluate written comments relating to the application.
11.2.b. The Secretary may suspend or revoke any temporary permit upon 24-hour notice to the permittee if the Secretary determines that suspension or revocation is appropriate to protect human health or the environment. Notice may be given verbally, but shall be confirmed in writing by the Secretary immediately thereafter.
11.3. Any temporary permit issued under this section which has expired is not eligible for extension nor is the permittee eligible to reapply for a temporary permit. The activities shall be solely at the risk of the owner or operator of the stationary source and, in undertaking any such activities, the owner or operator shall not assert as any argument, including legal or equitable, in any proceeding (administrative, civil or criminal) that such activities or investment has occurred.
11.4. Upon written request by an owner or operator of a source subject to a temporary permit, the Secretary may allow the owner or operator to conduct emissions testing under an approved protocol. If granted, the approval shall indicate the nature of the activity being approved, the time period for which the approval is being granted and any conditions to be imposed on the approved activity.
W. Va. Code R. § 45-13-12 Permit Application Fees
12.1. Applications for permits required under sections 5 and 11 shall be subject to the fee provisions of section 3 of 45CSR22, provided that Class I general permit registrations shall be subject to a $250 application fee and Class II general permit registrations shall be subject to a $500 application fee, in lieu of the $1000 fee required under subdivision 3.4.a of 45CSR22. However, a source applying for a Class I general permit which qualifies as a small business under section 507(c) of the federal Clean Air Act shall not be subject to any application fees. The provisions of subdivision 3.4.b of 45CSR22 relating to additional fees shall not be applicable to sources applying for Class I general permits, but shall be applicable to sources applying for Class II general permits. Applications for permits under section 4 of this rule shall be subject to the fee provisions of that section.
W. Va. Code R. § 45-13-13 Inconsistency Between Rules
13.1. In the event of any inconsistency between this rule and any other rule of the Division of Air Quality, such inconsistency shall be resolved by the determination of the Secretary and such determination shall be based upon the application of the more stringent provision, term, condition, method or rule.
W. Va. Code R. § 45-13-14 Statutory Air Pollution
14.1. Upon a determination by the Secretary that a source should be made subject to the permitting requirement of this rule to prevent a statutory air pollution, the Secretary shall require the owner or operator of the source to apply for and obtain a permit pursuant to the provisions of this rule. The Secretary may require a permit for any source that would not otherwise be subject to this rule or with respect to any source that is subject to this rule with respect to emissions or potential emissions other than those emissions upon which the Secretary’s finding is based. In issuing any permit condition required by this section, the Secretary may impose any reasonable condition necessary to prevent a statutory air pollution.
W. Va. Code R. § 45-13-15 Hazardous Air Pollutants
15.1. For purposes of establishing an inventory of hazardous air pollutants, any person who makes an application for a permit as required by subsections 5.1, 5.11 or 11.2 shall include in the application information on the nature and extent of any emissions of hazardous air pollutants. Hazardous air pollutants (that are not air pollutants listed in Table 45-13A) shall be subject to limitations or controls only to the extent necessary:
15.1.a. To incorporate an applicable requirement based upon any rule of the Secretary promulgated pursuant to W. Va. Code § 22-5-1, et seq.;
15.1.b. To implement subsection 5.5 related to voluntary permitting;
15.1.c. To establish case-by-case maximum achievable control technology (MACT) requirements as required by 45CSR34; or
15.1.d. To set an emission limit based upon the source’s maximum potential to emit as provided in the permit application.
15.2. In the event of a subsequently issued MACT requirement, the facility may request a review of an existing permit received pursuant to this rule. When appropriate, said MACT requirements shall be incorporated into the permit.
15.3. Any source or source category that has been the subject of an analysis pursuant to Section 112(n) of the federal Clean Air Act shall be exempt from any limitations or controls on hazardous air pollutants until such time as it has been determined that MACT controls are applicable. In the event that MACT controls are determined to be applicable to a 112(n) source or source category, this section shall be applicable only to the hazardous air pollutants that are subject to such MACT.
W. Va. Code R. § 45-13-16 Application for Permission to Commence Construction in Advance of Permit Issuance
16.1. With respect to the modifications of non-major stationary sources, or modifications which are not major modifications to existing major stationary sources, any person who holds an active West Virginia air quality permit issued under this rule at an existing source, and who has applied for permission to alter, expand or modify that source or to allow a new emissions unit at that source, may begin the construction of any such alteration, expansion, modification or new emission unit in advance of permit issuance in accordance with this section. The person may not operate any altered, expanded, modified or new emission unit without first obtaining an air quality permit as required by this rule.
16.2. Eligibility requirements. The following sources are ineligible for permission to commence construction in advance of permit issuance:
16.2.a. Sources subject to the “Federal Clean Air Act” subsections 112(g) or 112(j).
16.2.b. Sources seeking federally enforceable permit conditions in order to avoid otherwise applicable standards.
16.2.c. Sources requiring a specific case-by-case emission limitation or standard under 45CSR21 or 45CSR27.
16.3. Application requirements. To qualify for the authorization to construct in advance of permit issuance as provided in this section, the permittee shall submit to the Secretary an application for permission to commence construction in advance of permit issuance. An application for permission to commence construction shall include all of the following:
16.3.a. The name and location of the source and the name and address of the permittee;
16.3.b. The permit number of each active permit issued under this rule for such source;
16.3.c. The nature of the sources and equipment associated with such alteration, expansion, modification or new emission unit;
16.3.d. An estimate of the maximum hourly and annual emissions of regulated air pollutants increased as a result of such alteration, expansion, modification or new emission unit;
16.3.e. The air pollution control devices or methods that are to be employed in connection with the alteration, expansion, modification or new emission unit;
16.3.f. A listing of the applicable State and federal air quality regulatory requirements for alteration, expansion, modification or new emission unit and sufficient information which, in the judgment of the Secretary, will demonstrate compliance with any applicable State and federal air quality regulatory requirements;
16.3.g. The anticipated construction or building schedule for alteration, expansion, modification or new emission unit;
16.3.h. A certification signed by the responsible official that the source, equipment, and devices that are subject to a request for construction authorization will not be operated until the permittee has obtained a permit under rules promulgated by the Secretary;
16.3.i. A certification by the responsible official that any construction undertaken prior to the issuance of a final permit under rules of the Secretary is undertaken at the permittee’s own risk and with the knowledge that the permittee may be denied a permit or permit modification without regard to the permittee’s financial investment or addition to or modification of the source; and
16.3.j. A certification signed by the responsible official that all of the information contained in the application is complete and accurate to the best of the responsible official’s knowledge and belief.
16.4. Public Notice. Upon submission of the application for permission to construct, the applicant shall give notice by publishing a Class I legal advertisement of the applicant’s intent to alter or expand the physical arrangement or operation of an existing stationary source and the opportunity to provide written comment to the Secretary within thirty (30) calendar days of the publication.
16.4.a. The applicant shall post a visible and accessible sign, at a minimum two (2) feet square, at the entrance to the source or proposed site. The sign must be clearly marked indicating that the applicant is seeking permission to construct in advance of permit issuance and include the West Virginia Division of Air Quality permitting section telephone number and website for additional information. The applicant must post the sign for the duration of the public notice period.
16.4.b. Public notice shall be in a newspaper having general circulation in the county or counties where the facility is located. The advertisement shall contain at a minimum, the name of the applicant, the type and location of the source, the type and amount of air pollutants that will be discharged, the fact that the applicant has applied for permission to construct in advance of permit issuance, the proposed start-up date for the source and a contact telephone number for more information.
16.4.c. Within fifteen (15) days of completion of the public comment period, the Secretary shall consider and respond to all written comments. If the Secretary finds that concerns raised by the public comment period give rise to issues or concerns that would cause a construction or operational permit not to be issued, the Secretary may issue a revocation or stay of the authorization to construct until those issues or concerns are resolved.
16.5. Completeness determination. The Secretary shall determine whether an application for permission to commence construction in advance of permit issuance is complete within fifteen (15) calendar days after receipt of the application at which time the Secretary shall notify the applicant in writing as to whether the application is complete or specify any additional information required for the application to be complete.
16.6. Determination regarding permission to commence construction. Within fifteen (15) calendar days after the Secretary has made a determination that an application for permission to commence construction in advance of permit issuance is complete, unless the Secretary for good cause shown extends the fifteen (15) day time period for up to an additional fifteen (15) calendar days, the Secretary shall notify the applicant in writing of his or her determination as to whether each of the following conditions has or has not been satisfied:
16.6.a. The applicant is and has been for a period of at least three years in substantial compliance with all other active permits and applicable State and federal air quality regulatory requirements under all applicable air quality rules;
16.6.b. The applicant has demonstrated that the alteration, expansion, modification or new emission unit will be in compliance with all applicable State and federal air quality regulatory requirements;
16.6.c. The alteration, expansion, modification or new emission unit will not interfere with attainment or maintenance of an applicable ambient air quality standard, cause or contribute to a violation of an applicable air quality increment or be inconsistent with the intent and purpose of W. Va. Code § 22-5-1, et. seq.;
16.6.d. The facility will be altered or expanded so that it will be used for either the same or a similar use as the use already permitted;
16.6.e. The alteration or expansion will not result in a disproportionate increase in size of the facility already permitted; and
16.6.f. The alteration or expansion will result in the same or substantially similar emissions as the facility already permitted.
16.7. If the Secretary finds that all of the conditions of subsection 16.6 have been satisfied, the Secretary shall notify the applicant in writing of his or her determination that construction of the alteration, expansion, modification or new emission unit in advance of permit issuance may begin immediately. If the Secretary finds that one or more of the conditions has not been met, the notice of determination shall state that the requested construction, alteration, expansion, modification or new emission unit may not begin prior to issuance of a new or modified permit under this rule.
16.8. If at any time during the construction of such alteration, expansion, modification or new emission unit, the Secretary determines that the source is not likely to qualify for a permit or permit modification under this rule, the Secretary may order that construction cease until the Secretary makes a decision on the application for a permit or permit modification.
16.9. If the Secretary orders that construction cease, than construction of the alteration, expansion, modification or new emission unit may resume only if the Secretary either makes a subsequent written determination that the circumstances that resulted in such order have been adequately addressed or issues a permit or registration under this rule that authorizes construction to resume.
16.10. The Secretary shall evaluate any application for a permit or registration under this rule and make a decision on the same basis as if the construction of the alteration, expansion, modification or new emission unit in advance of permit issuance had not been authorized pursuant to this section. No evidence regarding any contract entered into, financial investment made, construction undertaken, or economic loss incurred by any person or permittee who proceeds under this section without first obtaining a permit under this rule is admissible in any contested case or judicial proceeding involving any permit or registration required under this rule. No evidence as to any determination or order by the Secretary pursuant to this section shall be admissible in any contested case or judicial proceeding related to any permit or registration required under this rule.
16.11. Any permittee who proceeds under this section shall be precluded from bringing any action, suit or proceeding against the State, the officials, agents or employees of the State or the Secretary for any loss resulting from any contract entered into, financial investment made, construction undertaken, or economic loss incurred by the permittee in reliance upon the provisions of this section.
16.12. This section does not relieve any person of the obligation to comply with any other requirement of State law, including any requirement to obtain any other permit or approval prior to undertaking any activity associated with preparation of the site or the alteration or expansion of the physical arrangement or method of operation of a source at a facility for which a permit or registration is required under this rule.
16.13. This section does not relieve any person from any preconstruction or construction prohibition imposed by any federal requirement, federal delegation, federally approved requirement in any State Implementation Plan, or federally approved requirement under the Title V permitting program, as determined solely by the Secretary. This section does not apply to any construction, alteration, or expansion that is subject to requirements for prevention of significant deterioration or federal nonattainment new source review, as determined solely by the Secretary. This section does not apply if it is inconsistent with any federal requirement, federal delegation, federally approved requirement in any State Implementation Plan, or federally approved requirement under the Title V permitting program, as determined solely by the Secretary.
16.14. Application fee. A permittee who submits an application to commence construction in advance of permit issuance under this section shall pay a fee of $200 for each application submitted to cover a portion of the administrative costs of implementing this section.
TABLE 45-13A
Potential Emission Rate Pollutant pounds/year Acrylonitrile 500 Allyl Chloride 10,000 Arsenic Compounds (Inorganic) 200 Asbestos 14 Benzene 1,000 Beryllium 0.8 1,3 Butadiene 500 Carbon Tetrachloride 1,000 Chloroform 1,000 Ethylene Dichloride 1,000 Ethylene Oxide 500 Formaldehyde 1,000 Lead or lead compounds 1,200 Mercury 200 Methylene Chloride 5,000 Propylene Oxide 5,000 Trichloroethylene 10,000 Vinyl Chloride 1,000 Vinylidene Chloride 2,000 TABLE 45-13B DE MINIMIS SOURCES Air compressors and pneumatically-operated equipment, including hand tools; instrument air systems (excluding fuel-fired compressors); emissions from pneumatic starters on reciprocating engines, turbines or other equipment; and periodic use of air for cleanup (excluding all sandblasting activities).
Air contaminant detectors or recorders, combustion controllers or shutoffs.
Any consumer product used in the same manner as in normal consumers’ use, provided the use results in a duration and frequency of exposure which are not greater than those experienced by consumers and which may include, but not be limited to, personal use items; janitorial cleaning supplies; office supplies; and supplies to maintain copying equipment.
Bathroom/toilet vent emissions.
Tobacco smoking rooms and areas.
Batteries and battery charging stations, except at battery manufacturing plants.
Bench-scale laboratory equipment used for physical or chemical analysis, excluding lab fume hoods or vents.
Routine calibration and maintenance of laboratory equipment or other analytical instruments.
Boiler water treatment operations, excluding cooling towers.
Portable brazing, soldering, gas cutting or welding equipment used as an auxiliary to the principal equipment at the source.
CO2 lasers, used only in metals and other materials which do not emit any hazardous air pollutants in the process.
Combustion emissions from propulsion of mobile sources.
Wood heaters, cook stoves or fireplaces used for heating and/or cooking at residential or publicly-owned facilities.
Comfort air conditioning or ventilation systems not used to remove air contaminants generated by or released from specific units of equipment.
Demineralized water tanks and demineralizer vents.
Drop hammers or hydraulic presses for forging or metalworking.
Equipment used exclusively for pressing, drawing or stamping of metals, excluding emissions due to quenching activities or supporting equipment.
Emissions from die-casting machinery, excluding emissions from melt furnaces or other associated processes.
Foundry sand molding forming equipment, provided no heat is applied and no VOCs or hazardous air pollutants are emitted, but not including the metal pouring process.
Electric or steam-heated drying ovens, autoclaves or steam sterilizers, excluding the emissions from the articles or substances being processed in the ovens or autoclaves or the boilers delivering the steam.
Emergency electrical generators at residential locations.
Emergency road flares.
Environmental chambers not using hazardous air pollutant gases.
Emissions from food preparation at restaurants and cafeterias.
Equipment used exclusively to slaughter animals, excluding other equipment at slaughterhouses, such as rending cookers, boilers, heating plants, incinerators, and electrical power generating equipment.
Equipment used for quality control/assurance or inspection purposes, including sampling equipment used to withdraw materials for analysis.
Fire suppression systems.
Firefighting equipment and the equipment used to train firefighters and emergency response individuals, which is subject to 45CSR6 and complies with 45CSR34.
Single-use flares used solely to indicate danger to the public.
Hand-held applicator equipment for hot melt adhesives with no VOCs or hazardous air pollutants in the adhesive formulation.
Hand-held equipment for buffing, polishing, cutting, drilling, sawing, grinding, turning or machining wood, metal or plastic.
Humidity chambers.
Hydraulic and hydrostatic testing equipment.
Mobile internal combustion engines used for landscaping purposes.
Laser trimmers using dust collection to prevent fugitive emissions.
Laundry activities, excluding dry-cleaning and steam boilers.
Natural gas pressure regulator vents, excluding venting at oil and gas production facilities.
Oxygen scavenging (de-aeration) of water.
On-site plant maintenance and upkeep activities, including lawn care, weed control, pest control, general repairs, cleaning, painting, surface coating, welding, plumbing, grinding, cutting, woodworking, janitorial activities, re-tarring roofs, installing insulation, and paving parking lots, provided that these activities are not conducted as part of a manufacturing process and are not related to the source’s primary business activity; provided further, that for cleaning, surface coating and painting activities, the source is not subject to VOC or HAP control requirements and the source minimizes the generation of fugitive emissions of any regulated air pollutants; and provided further, that the source complies with the asbestos requirements in 45CSR34.
Commercial and residential maintenance and upkeep activities occurring at a building, residence or other structure, including lawn care, weed control, pest control, general repairs, cleaning, painting, surface coating, welding, plumbing, grinding, cutting, woodworking, janitorial activities, re-tarring roofs, installing insulation, and paving parking lots, provided that these activities are not conducted as part of a manufacturing process; provided further, that for cleaning, surface coating and painting activities, the source is not subject to VOC or HAP control requirements and the source minimizes the generation of fugitive emissions of any regulated air pollutants; and provided further, that the source complies with the asbestos requirements in 45CSR34.
Portable electrical generators that can be moved by hand from one location to another. “Moved by hand” means that it can be moved without the assistance of any motorized or non-motorized vehicle, conveyance or device.
Process water filtration systems and demineralizers.
Salt baths using nonvolatile salts that do not result in emissions of any regulated air pollutants.
Shock chambers.
Solar simulators.
Steam cleaning operations, excluding hazardous air pollutant emissions.
Steam leaks.
Steam vents and safety relief valves, provided that such valves shall be included in any permit application that may otherwise be required under this rule.
Storage tanks, reservoirs and pumping and handling equipment of any size containing soaps, vegetable oil, animal grease or fat and aqueous salt solutions, provided appropriate lids and covers are utilized, excluding rendering plants.
Storage tanks, vessels and containers holding or storing liquid substances that will not emit any regulated air pollutant.
Vents from continuous emissions monitors and other analyzers.
Operation of groundwater remediation wells, including emissions from the pumps and collection activities. This does not include emissions from air-stripping treatment or storage.
Log wetting areas that are using only water.
Log flumes.
The storage, handling, and handling equipment for bark and wood dust not subject to 45CSR7.
Solid waste dumpsters.
Ozone generators used in water treatment facilities.
Storage vessels having less than 10,567 gallons capacity containing petroleum or organic liquids with a vapor pressure of 1.5 psia or less at storage temperature, provided that the emissions from all such organic liquid storage tanks, in the aggregate, are less than 2 tons per year for hazardous air pollutants or VOCs.
A source that is not major that emits only non-processed fugitive emissions (other than haul roads).
45CSR13
45CSR13
Series 13A The Permitting Of Research And Development (RAndD) Activities Under 45CSR13
W. Va. Code R. § 45-13A-1 General
1.1. Scope. -- The purpose of this rule is to provide guidance and clarification regarding the permitting of Research and Development (R&D) activities under 45CSR13 while ensuring compliance with all applicable requirements and at the same time providing operational flexibility.
1.2. Authority. -- W. Va. Code §22-5-1 et seq. and WV 45CSR13.
1.3. Filing Date. -- February 28, 2002.
1.4. Effective Date. -- March 30, 2002.
W. Va. Code R. § 45-13A-2 Definitions
2.1. “Research and Development (R&D) Activities” means activities the primary purpose of which is at least one of the following:
2.1.a. To evaluate process changes in connection with pollution prevention efforts (including improved process efficiencies);
2.1.b. To develop data for correction of manufacturing facility operational problems and customer product quality concerns;
2.1.c. To produce products for commercial sale for the purpose of customer evaluation, market development or testing, provided that such activity is not the principal purpose of the facility; or
2.1.d. To conduct “scale-up” from laboratory or bench-scale studies for the purpose of collecting information and data for engineering and design of a commercial facility.
2.2. Other words and phrases used in this rule, unless otherwise indicated, shall have the meaning ascribed to them in 45CSR13 and W. Va. Code §22-5-2.
W. Va. Code R. § 45-13A-3 Applicability
3.1. Emissions from laboratory facilities associated with R&D activities shall not be considered R&D activities subject to this rule. Such emissions shall be subject to the provisions of 45CSR13B.
W. Va. Code R. § 45-13A-4 Activities Exempt from Permitting
4.1. R&D activities shall be exempt from permitting requirements under 45CSR13, provided the following terms and conditions are met:
4.1.a. The R&D activities do not result in any new or increased actual emissions of regulated pollutants or the applicability of any new requirements; nor do such activities constitute a “major modification” under 45CSR14 or 45CSR19; or
4.1.b. The R&D activities have new or increased actual emissions of regulated pollutants and meet one of the following criteria:
4.1.b.1. The R&D activities do not increase actual emissions more than 6 pounds per hour or 2 tons per year of a criteria pollutant;
4.1.b.2. The R&D activities do not increase actual emissions more than 2 pounds per hour or 1 ton per year of aggregated hazardous air pollutants (HAPs), including any new or different HAPs; provided that the new or different HAPs do not result in the applicability of any new or revised requirements; or
4.1.b.3. The R&D activities do not increase actual emissions of toxic air pollutants more than the amounts listed in subdivisions 2.17.c and 2.17.d of 45CSR13.
4.2. R&D activities eligible for the permitting exemption under subdivisions 4.1.a or 4.1.b shall maintain records on-site for at least two (2) years which records shall be available to the Secretary upon request and shall include the following:
4.2.a. Description of the research and development activity;
4.2.b. The operating data to support methods, procedures and/or techniques used to control emissions;
4.2.c. The estimated actual emissions of regulated pollutants and supporting calculations; and
4.2.d. The date and duration of regulated pollutant emissions.
4.3. A source which is not operated at least 500 hours in one 12-month period within the previous five (5)-year time period may be considered permanently shutdown, unless such source can provide to the Secretary, with reasonable specificity, information to the contrary.
W. Va. Code R. § 45-13A-5 Effect on Other Rules
5.1. For application of the exemptions for particulate matter and mineral acids provided by section 10 of 45CSR7 and of the exemptions for sulfur dioxide provided by section 4 of 45CSR10, actual emissions from R&D activities will be regarded the same as potential to emit.
45CSR13A
45CSR13A
Series 13B The Permitting Of Laboratory Facilities Under 45CSR13
W. Va. Code R. § 45-13B-1 General
1.1. Scope. -- It is the purpose of this rule to provide guidance and clarification regarding the permitting of laboratory facilities under 45CSR13, while ensuring compliance with all applicable requirements and at the same time providing operational flexibility.
1.2. Authority. -- W. Va. Code §22-5-1 et seq. and WV 45CSR13.
1.3. Filing Date. -- February 28, 2002.
1.4. Effective Date. -- March 30, 2002.
W. Va. Code R. § 45-13B-2 Definitions
2.1. “Bench-scale laboratory equipment” means:
2.1.a. Bench-scale laboratory testing equipment and quality control testing equipment used exclusively for chemical or physical analysis, including vacuum-producing devices;
2.1.b. Activities associated with the equipment or devices described in subdivision 2.1.a, including sample preparation, handling, and disposal activities; or
2.1.c. Laboratory process emission sources conducted at private, public or vocational educational institutions, where the emissions are the result of teaching or training exercises, and the institution is not generally engaged in the manufacture of products for commercial sale.
2.2. “Bench-scale research and development equipment” means laboratory facilities not covered under subsection 2.1 and the primary purpose of which is at least one of the following:
2.2.a. To conduct “scale-up” from laboratory or bench-scale studies for the purpose of collecting information and data for engineering and design of a commercial facility;
2.2.b. To evaluate process changes in connection with pollution prevention efforts (including improved process efficiencies);
2.2.c. To develop data for correction of manufacturing facility operational problems and customer product quality concerns; or
2.2.d. To produce products for commercial sale for the purpose of customer evaluation, market development or testing, provided that such activity is not the principal purpose of the facility.
2.3. Other words and phrases used in this rule, unless otherwise indicated, shall have the meaning ascribed to them in 45CSR13 and W. Va. Code §22-5-2.
W. Va. Code R. § 45-13B-3 Facilities Exempt from Permitting
3.1. Facilities defined as “bench-scale laboratory equipment” under subsection 2.1 shall be exempt from permitting requirements under 45CSR13 as de minimus sources included in No. 7 of Table 45-13B of 45CSR13.
3.2. The owner or operator of bench-scale research and development equipment designed to have a total input of no more than twenty-five (25) pounds of material which could be emitted into the air (excluding water, steam, nitrogen, hydrogen, oxygen, and chemicals which are not capable of being emitted as regulated air pollutants under 45CSR13) per any calendar day, including vacuum-producing devices, and any associated devices to capture and collect emissions from any such equipment or devices, shall be exempt from permitting requirements under 45CSR13. A demonstration of eligibility for this exemption shall be made by the owner or operator of such equipment in the following manner:
3.2.a. Make a case-specific demonstration of eligibility describing how total input of materials will be determined, which demonstration may include limitations on operating practices, training, engineering or administrative controls; or
3.2.b. Make an alternative demonstration of eligibility describing how total input of materials will be determined, which demonstration may include the kind of limitations and controls described in subdivision 3.2.a.
3.3. Case-specific determinations of eligibility under subdivision 3.2.a shall be maintained on-site at all times that the laboratory is relying on the demonstration and for at least an additional two (2) years thereafter and shall be available to the Secretary upon request. Alternative demonstrations of eligibility under subdivision 3.2.b shall be maintained on-site at all times that the laboratory is relying on the alternative demonstration and for at least an additional two (2) years thereafter and shall be available to the Secretary upon request.
W. Va. Code R. § 45-13B-4 Additional Facilities Exempt from Permitting
4.1. The owner or operator of a laboratory that does not qualify for the exemption set forth in section 3 shall be exempt from the permitting requirements under 45CSR13 provided the owner or operator meets all of the following conditions:
4.1.a. Laboratory activities shall be conducted in accordance with a written Good Laboratory Practices Plan, developed and implemented by the source, which sets forth procedures, equipment, and work practices which (with respect to regulated air pollutants):
4.1.a.1. Are capable of protecting the environment from activities occurring at that particular operation;
4.1.a.2. Include standard operating procedures relevant to environmental considerations to be followed when research and development work involves the emission of regulated air pollutants; and
4.1.a.3. Include, where appropriate, the following control measures that will be used to minimize the emission of regulated air pollutants:
4.1.a.3.A. Procedures to mini-mize emissions of regulated air pollutants from equipment vents;
4.1.a.3.B. Procedures to minimize emissions of regulated air pollutants from equipment leaks;
4.1.a.3.C. Containers which have the potential to emit regulated air pollutants shall be kept closed when not in use; and
4.1.a.3.D. Procedures to estimate and record the actual emissions of regulated air pollutants, including supporting calculations and the date and duration of emissions, unless alternative procedures are approved in writing by the Secretary;
4.1.b. The Good Laboratory Practices Plan shall be maintained on-site at all times and be made available to the Secretary upon request;
4.1.c. The Secretary has made no determination that the laboratory facility causes statutory air pollution;
4.1.d. The specific laboratory operation shall be located at least 100 feet from any public recreational area or private residence unless waived by the owner thereof or waived in an easement that runs with the land on which such residence or recreation area is located;
4.1.e. The total input of materials to the laboratory facility (excluding water, steam, nitrogen, hydrogen, oxygen and chemicals which are not capable of emitting regulated air pollutants under 45CSR13), taking into account actual planned operating hours and conditions, does not exceed the following criteria:
4.1.e.1. One hundred forty-four (144) pounds per any rolling 24-hour time period; or
4.1.e.2. Five hundred (500) pounds per day, provided the actual emissions of regulated air pollutants do not exceed any threshold amounts under subdivisions 2.17 or 2.24 of 45CSR13; and
4.1.f. The owner or operator shall make a case-specific demonstration describing how total input of materials will be determined, which demonstration may include limitations on operating practices, training, engineering or administrative controls. The owner or operator may submit the demonstration to the Secretary for approval. Records of the demonstration shall be maintained on-site at all times that the laboratory facility is relying on such demonstration and for at least an additional two (2) years thereafter and shall be available to the Secretary upon request.
W. Va. Code R. § 45-13B-5 Effect on Other Rules
5.1. For application of the exemptions for particulate matter and mineral acids provided by section 10 of 45CSR7 and of the exemptions for sulfur dioxide provided by section 4 of 45CSR10, actual emissions will be regarded the same as potential to emit.
45CSR13B
45CSR13B
Series 14 Permits for Construction and Major Modification of Major Stationary Sources for the Prevention of Significant Deterioration of Air Quality
W. Va. Code R. § 45-14-1 General
1.1. Scope. -- This rule establishes and adopts a preconstruction permit program in accordance with the policy of §101(b)(1) of the Clean Air Act (CAA), the purposes of §160 of the CAA, and the prevention of significant deterioration of air quality requirements of 40 CFR § 51.166. Preconstruction permits issued pursuant to this rule shall contain emission limitations and such other measures as may be necessary for the prevention significant deterioration of air quality. This rule provides:
1.1.a. A mechanism to ensure that economic growth will occur in harmony with the preservation of existing clean air resources; to prevent the development of any new non-attainment problems; to protect the public health and welfare from any adverse effects which might occur even at air quality levels better than the National Ambient Air Quality Standards; and to preserve, protect, and enhance the air quality in areas of special natural, recreational, scenic, or historic value. It is the intent of the Secretary to register and evaluate sources of air pollutants and to preclude the construction or relocation of any major stationary source or major modification in any area classified as attaining National Ambient Air Quality Standards or unclassifiable in which the establishment of such source or modification may interfere with the goals of the prevention of significant deterioration of air quality levels; and
1.1.b. A method to quantitatively define significant deterioration of air quality with respect to the desired degree of preservation of air quality for various areas and to set forth procedures for registration and reporting, and the criteria for obtaining a permit to construct or relocate a major stationary source or make a major modification to a stationary source within a designated attainment or unclassified area of the State of West Virginia. Such construction, modification, or relocation without such a permit is a violation of this rule.
1.2. Authority. -- W. Va. Code § 22-5-4.
1.3. Filing Date. -- May 15, 2017.
1.4. Effective Date. -- June 1, 2017.
1.5. Federal Regulation. -- Unless otherwise indicated, where reference to a federal regulation or standard appears in this rule, such regulation or standard will, for the purpose of this rule, be construed as that version which was in effect as of June 1, 2016.
W. Va. Code R. § 45-14-2 Definitions
2.1. “Actual emissions” means the actual rate of emissions of a pollutant from an emissions unit, as described below, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a plant-wide applicability limitation (PAL) under section 25. Instead, subsections 2.63 and 2.8 shall apply for those purposes.
2.1.a. In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative of normal source operation. The Secretary may allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit’s actual operating hours, production rates, and types of materials processed, stored or combusted during the selected time period.
2.1.b. The Secretary may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.
2.1.c. For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.
2.1.d. For an electric utility steam generating unit (other than a new unit or the replacement of an existing unit) actual emissions of the unit following the physical or operational change shall equal the representative actual annual emissions of the unit following the physical or operational change, provided the source owner or operator maintains and submits to the Secretary, on an annual basis for a period of five (5) years from the date the unit resumes regular operation, information demonstrating that the physical or operational change did not result in an emissions increase. A longer period, not to exceed ten (10) years, may be required by the Secretary if he or she determines such a period to be more representative of normal source operations following the physical or operational change.
2.2. “Actuals PAL” for a major stationary source means a PAL based on the baseline actual emissions (as defined in subsection 2.8) of all emissions units (as defined in subsection 2.27) at the source, that emit or have the potential to emit the PAL pollutant.
2.3. “Administrator” means the Administrator of the United States Environmental Protection Agency (U.S. EPA).
2.4. “Adverse impact on visibility” means visibility impairment which interferes with the management, protection, preservation or enjoyment of the visitor's visual experience of the Federal Class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency, and time of visibility impairment and how these factors correlate with both the times of visitor use of the Federal Class I area and the frequency and timing of natural conditions that reduce visibility.
2.5. “Air pollutants” means solids, liquids or gases which, if discharged into the air, may result in statutory air pollution.
2.6. “Air pollution” or “statutory air pollution” means and is limited to the discharge into the air by the act of man 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.
2.7. “Allowable emissions” means the emission rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits or limits enforceable by the Secretary which restrict the operating rate or hours of operation or both) and the most stringent of the following:
2.7.a. The applicable standards as set forth in 40 CFR Parts 60 and 61 and incorporated into State law in 45CSR16;
2.7.b. The applicable State of West Virginia emissions limitations or permit conditions, including those with a future compliance date; or
2.7.c. The applicable federally enforceable emissions limitations or permit conditions, including those with a future compliance date.
2.8. “Baseline actual emissions” means the rate of emissions, in tons per year, of a regulated new source review (NSR) pollutant, as determined in accordance with subdivisions 2.8.a through 2.8.d.
2.8.a. For any existing electric utility steam generating unit, baseline actual emissions means the average emission rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 5-year period immediately preceding when the owner or operator begins actual construction of the project. The Secretary shall allow the use of a different time period upon a determination that it is more representative of normal source operation.
2.8.a.1. The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.
2.8.a.2. The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period.
2.8.a.3. For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant.
2.8.a.4. The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraph 2.8.a.2.
2.8.b. For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the Secretary for a permit required under this rule, whichever is earlier, except that the 10-year period shall not include any period earlier than November 15, 1990.
2.8.b.1. The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.
2.8.b.2. The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period.
2.8.b.3. The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, if an emission limitation is part of a maximum achievable control technology standard that the Administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the State has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of 45CSR19.
2.8.b.4. For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for all the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant.
2.8.b.5. The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraphs 2.8.b.2 and 2.8.b.3.
2.8.c. For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit’s potential to emit.
2.8.d. For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in subdivision 2.8.a, for other existing emissions units in accordance with the procedures contained in subdivision 2.8.b, and for a new emissions unit in accordance with the procedures contained in subdivision 2.8.c.
2.9. Baseline Area.
2.9.a. “Baseline area” means any intrastate area (and every part thereof) designated as attainment or unclassifiable under § 107(d)(1)(A)(ii) or (iii) of the CAA in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact for the pollutant for which the baseline date is established, equal to or greater than the following:
Pollutant Air Quality Impact (annual average)
SO2 1 µg/m3 NO2 1 µg/m3 PM10 1 µg/m3 PM2.5 0.3 µg/m3
2.9.b. Area redesignations under §107(d)(1)(A)(ii) or (iii) of the CAA cannot intersect or be smaller than the area of impact of any major stationary source or major modification which:
2.9.b.1. Establishes a minor source baseline date; or
2.9.b.2. Is subject to 40 CFR § 52.21 or this rule, and would be constructed in the same state as the state proposing the redesignation.
2.9.c. Any baseline area established originally for the total suspended particulates (TSP) increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, except that such baseline area shall not remain in effect if the Secretary rescinds the corresponding minor source baseline date in accordance with subdivision 2.42.d.
2.10. “Baseline concentration” means that ambient concentration level which exists in the baseline area at the time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and includes:
2.10.a. The allowable emissions of major stationary sources which commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date.
2.10.b. The actual emissions representative of sources in existence on the applicable minor source baseline date. However, the following will not be included in the baseline concentration and will affect the applicable maximum allowable increase(s):
2.10.b.1. Actual emissions from any major stationary source on which construction commenced after the major source baseline date; and
2.10.b.2. Actual emissions increases and decreases at any stationary source occurring after the minor source baseline date.
2.11. “Begin actual construction” means, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operation, this term refers to those on-site activities, other than preparatory activities, which mark the initiation of the change.
2.12. “Best available control technology (BACT)” means an emissions limitation (including a visible emissions standard) based on the maximum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or major modification which the Secretary, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any federally enforceable emissions limitations or emissions limitations enforceable by the Secretary. If the Secretary determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment work practice, operational standard or combination thereof may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation and shall provide for compliance by means which achieve equivalent results.
2.13. “Building, Structure, Facility or Installation” means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities are a part of the same industrial grouping if they belong to the same “Major Group” (i.e., which have the same two (2)-digit code) as described in the Standard Industrial Classification Manual, in effect on the effective date on this rule.
2.14. “CAA” means the federal Clean Air Act, 42 U.S.C. § 7401, et seq., as amended.
2.15. “Clean Coal Technology” means any technology, including technologies applied at the pre-combustion, combustion or post-combustion stage, at a new or existing facility which will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam which was not in widespread use as of November 15, 1990.
2.16. “Clean coal technology demonstration project” means a project using funds appropriated under the heading “Department of Energy -- Clean Coal Technology”, up to a total amount of twenty-five billion dollars ($2,500,000,000) for commercial demonstration of clean coal technology or similar projects funded through appropriations for U.S. EPA. The Federal contribution for a qualifying project shall be at least twenty (20) percent of the total cost of the demonstration project.
2.17. [Reserved].
2.18. “Commence” as applied to construction of a major stationary source or major modification means that the owner or operator has all necessary preconstruction approvals or permits and either has:
2.18.a. Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or
2.18.b. Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.
2.19. “Complete” means, in reference to an application for a permit, that the application contains all of the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the Secretary from requesting or accepting any additional information.
2.20. “Construction” means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) which would result in a change in actual emissions.
2.21. “Continuous emissions monitoring system (CEMS)” means all of the equipment that may be required to meet the data acquisition and availability requirements to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis.
2.22. “Continuous emissions rate monitoring system (CERMS)” means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time).
2.23. “Continuous parameter monitoring system (CPMS)” means all of the equipment necessary to meet the data acquisition and availability requirements, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and to record average operational parameter value(s) on a continuous basis.
2.24. “Department” means the Department of Environmental Protection.
2.25. “Electric utility steam generating unit” means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than twenty-five megawatts (25 MW) electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.
2.26. “Emission” means the release, escape or discharge of air pollutants into the air.
2.27. “Emissions unit” means any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric utility steam generating unit as defined in subsection 2.25. For purposes of this rule, there are two types of emissions units as described in subdivisions 2.27.a and 2.27.b.
2.27.a. A new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than 2 years from the date such emissions unit first operated.
2.27.b. An existing emissions unit is any emissions unit that does not meet the requirements in subdivision 2.27.a. A replacement unit, as defined in subsection 2.68, is an existing emissions unit.
2.28. “Federal Land Manager” means, with respect to any lands of the United States, the Secretary of the department with authority over such lands.
2.29. “Federally enforceable” means all limitations and conditions which are enforceable by the Administrator, including those requirements developed pursuant to 40 CFR Parts 60, 61 and 63, rules of the approved West Virginia State Implementation Plan, any permit requirements established pursuant to 40 CFR § 52.21 or this rule, and any operating permits issued under a program that is incorporated into the State Implementation Plan and expressly requires adherence to any permit issued under such program.
2.30. [Reserved.]
2.31. “Fugitive emissions” means those emissions which could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening.
2.32. [Reserved.]
2.33. [Reserved.]
2.34. [Reserved.]
2.35. [Reserved.]
2.36. “Innovative control technology” means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air quality environmental impacts.
2.37. “Lowest achievable emission rate (LAER)” means, for any source, the more stringent of the following:
2.37.a. The most stringent emissions limitation which is contained in the implementation plan of any state for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable; or
2.37.b. The most stringent emissions limitation which is achieved in practice by such class or category of stationary sources. This limitation, when applied to a modification, means the lowest achievable emission rate for the new or modified emissions units within the stationary source. In no event shall the application of the term permit a new or proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard of performance.
2.38. [Reserved.]
2.39. Major emissions unit means:
2.39.a. Any emissions unit that emits or has the potential to emit 100 tons per year or more of the PAL pollutant in an attainment area; or
2.39.b. Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the CAA for nonattainment areas. For example, in accordance with the definition of major stationary source in §182(c) of the CAA, an emissions unit would be a major emissions unit for VOC if the unit is located in a serious ozone non-attainment area and it emits or has the potential to emit 50 or more tons of VOC per year.
2.40. “Major modification” means any physical change in or change in the method of operation of a major stationary source which results in: a significant emissions increase (as defined in subsection 2.75) of any regulated NSR pollutant (as defined in subsection 2.66); and a significant net emissions increase of that pollutant from the major stationary source. Any significant emissions increase (as defined at subsection 2.75) from any emissions units or net emissions increase (as defined in subsection 2.46) at a major stationary source that is significant for VOCs or NOX shall be considered significant for ozone. However, the following actions do not constitute a physical change or change in the method of operation:
2.40.a. Routine maintenance, repair, and replacement.
2.40.b. Use of an alternative fuel or raw material by reason of any order under sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act.
2.40.c. Use of an alternative fuel by reason of an order or rule under § 125 of the CAA.
2.40.d. Use of fuel generated from municipal solid waste as an alternative fuel at a steam generating unit.
2.40.e. Use of an alternative fuel or raw material by a stationary source, provided that:
2.40.e.1. Prior to January 6, 1975, the source was capable of accommodating such alternative fuel or raw material, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975 pursuant to 40 CFR § 52.21 or under any permit issued or order entered pursuant to any rule of the Secretary after January 6, 1975;
2.40.e.2. The source is approved to use the alternative fuel or raw material under any permit issued under 40 CFR § 52.21 or under any permit issued or order entered pursuant to any rule of the Secretary.
2.40.f. An increase in the hours of operation, unless such increase would be prohibited by a Federal permit issued pursuant to 40 CFR § 52.21 or by any permit issued or order entered pursuant to any rule of the Secretary.
2.40.g. An increase in the production rate, unless such increase would be prohibited by a Federal permit issued pursuant to 40 CFR § 52.21 or by any permit issued or order entered pursuant to any rule of the Secretary.
2.40.h. Any change in ownership at a stationary source.
2.40.i. [Reserved.]
2.40.j. The installation, operation, cessation or removal of a temporary clean coal technology demonstration project, provided that the project complies with:
2.40.j.1. The State Implementation Plan; and
2.40.j.2. Other requirements necessary to attain and maintain the National Ambient Air Quality Standards during the project and after it is terminated.
2.40.k. The installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated NSR pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis.
2.40.l. The reactivation of a “very clean coal-fired electric utility steam generating unit” as that term is defined in 45CSR14.
2.40.m. This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under section 25 for a PAL for that pollutant. Instead, the definition at subsection 2.53 shall apply.
2.41. “Major modification for ozone” means a major modification for volatile organic compounds or NOX.
2.42. “Major and minor source baseline date.”
2.42.a. “Major source baseline date” means:
2.42.a.1. In the case of PM10 and sulfur dioxide, January 6, 1975; and
2.42.a.2. In the case of NO2, February 8, 1988; and
2.42.a.3. In the case of PM2.5,October 20, 2010.
2.42.b. “Minor source baseline date” means the earliest date after the trigger date on which a major stationary source or a major modification subject to the requirements of 40 CFR § 52.21 or to this rule submits a complete application under this rule. The trigger date is:
2.42.b.1. In the case of PM10 and sulfur dioxide, August 7, 1977, and
2.42.b.2. In the case of NO2, February 8, 1988; and
2.42.b.3. In the case of PM2.5, October 20, 2011.
2.42.c. The baseline date is established for each pollutant for which increments or other equivalent measures have been established if:
2.42.c.1. The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under § 107(d)(1)(A)(ii) or (iii) of the CAA for the pollutant on the date of its complete application under 40 CFR § 52.21 or this rule; and
2.42.c.2. In the case of a major stationary source, the pollutant would be emitted in significant amounts or, in the case of a major modification, there would be a significant net emissions increase of the pollutant.
2.42.d. Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, except that the Secretary may rescind any such minor source baseline date where it can be demonstrated to the Secretary’s satisfaction that the emissions increase from the major stationary source, or the net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM10 emissions.
2.43. “Major stationary source” means:
2.43.a. Any of the following stationary sources of air pollutants which emits, or has the potential to emit, one hundred (100) tons per year or more of any regulated NSR pollutant:
Fossil Fuel-fired Steam Electric Plants of More than 250 Million Btu/hr Heat Input, Coal Cleaning Plants (with thermal dryers), Kraft Pulp Mills, Portland Cement Plants, Primary Zinc Smelters, Iron and Steel Mill Plants, Primary Aluminum Ore Reduction Plants (with thermal dryers), Primary Copper Smelters, Municipal Incinerators Capable of Charging More than 250 Tons of Refuse per Day, Hydroflouric, Sulfuric and Nitric Acid Plants, Petroleum Refineries, Lime Plants, Phosphate Rock Processing Plants, Coke Oven Batteries, Sulfur Recovery Plants, Carbon Black Plants (furnace process), Primary Lead Smelters, Fuel Conversion Plants, Sintering Plants, Secondary Metal Production Plants, Chemical Process Plants (which does not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140), Fossil Fuel Boilers (or combinations thereof) Totaling More than 250 Million Btu/hour Heat Input, Petroleum Storage and Transfer Units with a Total Storage Capacity Exceeding 300,000 Barrels, Taconite Ore Processing Plants, Glass Fiber Processing Plants, and Charcoal Production Plants;
2.43.b. Notwithstanding the stationary source size specified in subdivision 2.43.a, any stationary source which emits, or has the potential to emit, two hundred fifty (250) tons per year or more of any regulated NSR pollutant; or
2.43.c. Any physical change at a stationary source, not otherwise qualifying under subdivision 2.43.a as a major stationary source, if the change itself would constitute a major stationary source.
2.43.d. A major source that is major for VOCs or NOX shall be considered major for ozone.
2.43.e. The fugitive emissions of a stationary source shall not be included in determining whether it is a major stationary source, unless the source is listed in Table 1.
Table 1 SOURCE CATEGORIES WHICH MUST INCLUDE FUGITIVE EMISSIONS Fossil-Fuel-Fired Steam Electric Plants Greater Than 250 Million Btu/Hour Heat Input Coal Cleaning Plants (with thermal dryers)
Kraft Pulp Mills Portland Cement Plants Primary Zinc Smelters Iron and Steel Mill Plants Primary Aluminum Ore Reduction Plants Primary Copper Smelters Municipal Incinerators Capable of Charging Greater Than 250 Tons of Refuse/Day Hydrofluoric, Sulfuric, and Nitric Acid Plants Petroleum Refineries Lime Plants Phosphate Rock Processing Plants Coke Oven Batteries Sulfur Recovery Plants Carbon Black Plants (furnace process)
Primary Lead Smelters Fuel Conversion Plants Sintering Plants Secondary Metal Production Plants Chemical Process Plants - The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140 Fossil Fuel Boilers (or combinations thereof) Totaling More Than 250 Million Btu/Hour Heat Input Petroleum Storage and Transfer Units with a Total Storage Capacity Exceeding 300,000 Barrels Taconite Ore Processing Plants Glass Fiber Processing Plants Charcoal Production Plants Any other stationary source category which, as of August 7, 1980, is being regulated under §§111 or 112 of the CAA.
2.43.f. In addition to those facilities covered in subdivision 2.43.e, all coal preparation plants as defined in 40 CFR § 60.251(a) which process more than 200 tons per day shall count fugitive emissions from all “affected facilities” at the source. For the purpose of this rule, the term “affected facilities” means those facilities which are listed or identified as “affected facilities” in the applicable standard promulgated under § 111 or 112 of the CAA.
2.44. “Major stationary source for ozone” means a major stationary source of VOCs or NOX.
2.45. “Necessary preconstruction approvals or permits” means those permits or approvals required under the CAA and by W.Va. Code §§ 22-5-4, 22-5-11, 22-5-11a, and the rules promulgated thereunder.
2.46. “Net emissions increase” means, with respect to any regulated NSR pollutant emitted by a major stationary source, the amount of emissions by which the sum of the following exceeds zero:
2.46.a. The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to subsection 3.4;
2.46.b. Any other increases and decreases in actual emissions at the major source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under subdivision 2.46.b shall be determined as provided in subsection 2.8 , except that paragraphs 2.8.a.3 and 2.8.b.4 shall not apply;
2.46.c. An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs not more than five (5) years prior to the date on which construction on the particular change commences nor later than the date on which the increase from the particular change occurs.
2.46.d. An increase or decrease in actual emissions is creditable only if the Secretary has not relied on it in issuing a permit for the source pursuant to this rule, which permit is in effect when the increase in actual emissions from the particular change occurs.
2.46.e. The increase or decrease in actual emissions of particulate matter, sulfur dioxide, or nitrogen oxides which occurred prior to the applicable minor source baseline date was required to be considered and calculated in determining the amount of maximum allowable increases remaining available.;
2.46.f. An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level;
2.46.g. A decrease in actual emissions is creditable only to the extent that:
2.46.g.1. The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;
2.46.g.2. It is federally enforceable and is enforceable by the Secretary at and after the time that the actual construction on the particular change begins;
2.46.g.3. The decrease in actual emissions must have approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change;
2.46.g.4. [Reserved.]
2.46.h. An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed one hundred eighty (180) days.
2.46.i. Subdivision 2.1.a shall not apply for determining creditable increases and decreases.
2.47. “PM10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method based on Appendix J of 40 CFR Part 50 (incorporated by reference into State law at 45CSR8) and designated in accordance with 40 CFR Part 53 or by an equivalent method designated in accordance with 40 CFR Part 53.
2.48. “Particulate matter emissions” means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by applicable reference methods, or an equivalent or alternative method, specified in 40 CFR Part 60, Appendix B (incorporated by reference into State law at 45CSR16), or by a test method specified in any rule of the Secretary which has been incorporated as part of the federally approved State Implementation Plan. All references to particulate or particulate matter in this rule shall mean particulate matter emissions.
2.49. “Person” means any and all persons, natural or artificial, including the State of West Virginia or any other state and all agencies or divisions thereof, any state political subdivision, the United States of America, any municipal, public, statutory or private corporation or association organized or existing under the laws of this or any state or country, and any firm, partnership, or association of whatever nature.
2.50. “Plant-wide applicability limitation (PAL)” means an emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with subsections 25.1 through 25.15.
2.51. “PAL effective date” generally means the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.
2.52. “PAL effective period” means the period beginning with the PAL effective date and ending 10 years later.
2.53. “PAL major modification” means, notwithstanding subsections 2.40 and 2.46 (the definitions for major modification and net emissions increase), any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.
2.54. “PAL permit” means the major NSR permit, the minor NSR permit, or the operating permit under a program that is approved into the State Implementation Plan, or the Title V permit issued by the Secretary that establishes a PAL for a major stationary source.
2.55. “PAL pollutant” means the pollutant for which a PAL is established at a major stationary source.
2.56. [Reserved.]
2.57. “Pollution prevention” means any activity that through process changes, product reformulation or redesign, or substitution of less polluting raw materials, eliminates or reduces the release of air pollutants (including fugitive emissions) and other pollutants to the environment prior to recycling, treatment, or disposal. It does not mean recycling (other than certain “in-process recycling” practices), energy recovery, treatment, or disposal.
2.58. “Potential to emit” means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable or is enforceable by the Secretary in any permit and/or consent order issued by the United States Environmental Protection Agency or by the Secretary. Secondary emissions do not count in determining the potential to emit of a stationary source.
2.59. “Predictive emissions monitoring system (PEMS)” means all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions rate (for example, pounds per hour) on a continuous basis.
2.60. “Prevention of Significant Deterioration (PSD) program” means a major source preconstruction permit program that has been approved by the Administrator and incorporated into the State Implementation Plan, or the program in 40 CFR §52.21. Any permit issued under such a program is a major new source review (NSR) permit.
2.61. [Reserved.]
2.62. “Project” means a physical change in, or change in the method of operation of, an existing major stationary source.
2.63. “Projected actual emissions” means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the 5 years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit’s design capacity or its potential to emit that regulated NSR pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source.
2.63.a. In determining the projected actual emissions under subsection 2.63 (before beginning actual construction), the owner or operator of the major stationary source:
2.63.a.1. Shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the State or Federal regulatory authorities, and compliance plans under the approved State Implementation Plan; and
2.63.a.2. Shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and
2.63.a.3. Shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit’s emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under subsection 2.8 and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or
2.63.a.4. In lieu of using the method set out in paragraphs 2.63.a.1 through 2.63.a.3, may elect to use the emissions unit’s potential to emit, in tons per year, as defined under subsection 2.58.
2.64. “Reactivation of a very clean coal-fired electric utility steam generating unit” means any physical change or change in the method of operation associated with the commencement of commercial operations by a coal-fired utility unit after a period of discontinued operation where the unit:
2.64.a. Has not been in operation for the two-year period prior to the enactment of the Clean Air Act Amendments of 1990, and the emissions from such unit continue to be carried in the Secretary’s emissions inventory at the time of enactment;
2.64.b. Was equipped prior to shutdown with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide of no less than 85% and a removal efficiency for particulates of no less than 98%;
2.64.c. Is equipped with low-NOX burners prior to the time of commencement of operations following reactivation; and
2.64.d. Is otherwise in compliance with the requirements of the CAA and W. Va. Code § 22-5-1, et seq. and the rules promulgated thereunder.
2.65. [Reserved.]
2.66. “Regulated NSR pollutant” means the following:
2.66.a. Any pollutant for which a National Ambient Air Quality Standard has been promulgated. This includes, but is not limited to, the following:
2.66.a.1. PM2.5 emissions and PM10 emissions, which include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2.5 and PM10 in PSD permits. Compliance with emissions limitations for PM2.5 and PM10 issued prior to this date shall not be based on condensable particular matter unless required by the terms and conditions of the permit or the applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particular matter shall not be considered in violation unless the applicable implementation plan required condensable particulate matter to be included;
2.66.a.2. Any pollutant identified under this paragraph as a constituent or precursor to a pollutant for which a National Ambient Air Quality Standard has been promulgated. Precursors identified by the Administrator for purposes of NSR are the following:
2.66.a.2.A. Volatile organic compounds (VOCs) and nitrogen oxides (NOx) are precursors to ozone in all attainment and unclassifiable areas.
2.66.a.2.B. Sulfur dioxide (SO2) is a precursor to PM2.5 in all attainment and unclassifiable areas.
2.66.a.2.C. Nitrogen oxides (NOx) are presumed to be precursors to PM2.5 in all attainment and unclassifiable areas, unless the Secretary demonstrates to the Administrator’s satisfaction or EPA demonstrates to the Secretary that emissions of NOx from sources in a specific area are not a significant contributor to that area’s ambient PM2.5 concentrations.
2.66.a.2.D. Volatile organic compounds (VOCs) are presumed not to be precursors to PM2.5 in any attainment or unclassifiable area, unless the Secretary demonstrates to the Administrator’s satisfaction or EPA demonstrates to the Secretary that emissions of VOCs from sources in a specific area are a significant contributor to that area’s ambient PM2.5 concentrations.
2.66.b. Any pollutant that is subject to any standard promulgated under § 111 of the CAA;
2.66.c. Any Class I or II substance subject to a standard promulgated under or established by Title VI of the CAA;
2.66.d. Any pollutant that otherwise is subject to regulation under the CAA as defined in subsection 2.80.
2.66.e. Notwithstanding subdivisions 2.66.a through 2.66.d, the term “regulated NSR pollutant” shall not include any of the hazardous air pollutants either listed in § 112 of the CAA, or added to the list pursuant to §112(b)(2) of the CAA, and which have not been delisted pursuant to §112(b)(3) of the CAA, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under §108 of the CAA.
2.67. “Relocate” or “Relocation” means the physical movement of a source outside of its existing plant boundaries.
2.68. “Replacement unit” means an emissions unit for which all the criteria listed in subdivisions 2.68.a through 2.68.d are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced.
2.68.a. The emissions unit is a reconstructed unit within the meaning of 40 CFR §60.15(b)(1) (incorporated by reference into State law in 45CSR16) or the emissions unit completely takes the place of an existing emissions unit;
2.68.b. The emissions unit is identical to or functionally equivalent to the replaced emissions unit;
2.68.c. The replacement does not change the basic design parameter(s) of the process unit; and
2.68.d. The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit.
2.69. “Repowering” means replacement of an existing coal-fired boiler with one of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated gasification fuel cells, or as determined by the Administrator, in consultation with the Secretary of Energy, a derivative of one or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990.
2.69.a. Repowering also includes any oil and/or gas-fired unit which has been awarded clean coal technology demonstration funding as of January 1, 1991, by the Department of Energy.
2.69.b. The Secretary shall give expedited consideration to permit applications for any source that satisfies the requirements of this subsection 2.69 and is granted an extension under § 409 of the CAA.
2.70. [Reserved.]
2.71. “Representative actual annual emissions” means the average rate, in tons per year, at which the source is projected to emit a pollutant for the two-year period after a physical change or change in the method of operation of a unit (or a different consecutive two-year period within ten (10) years after that change, where the Secretary determines that such period is more representative of normal source operations), considering the effect any such change will have on increasing or decreasing the hourly emissions rate and on projected capacity utilization. In projecting future emissions the Secretary shall:
2.71.a. Consider all relevant information, including but not limited to, historical operational data, the company's own representations, filings with the State or Federal regulatory authorities, and compliance plans under Title IV of the CAA; and
2.71.b. Exclude, in calculating any increase in emissions that results from the particular physical change or change in the method of operation at an electric utility steam generating unit, that portion of the unit's emissions following the change that could have been accommodated during the representative baseline period and is attributable to an increase in projected capacity utilization at the unit that is unrelated to the particular change, including any increased utilization due to the rate of electricity demand growth for the utility system as a whole.
2.72. “Secondary emissions” means emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of this rule, secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include, but are not limited to emissions from any off-site support facility which would not otherwise be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.
2.73. “Secretary” means the Secretary of the Department of Environmental Protection as defined in W. Va. Code §§22-1-6 or 22-1-8.
2.74. “Significant” means:
2.74.a. In reference to a net emission increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:
Pollutant and Pollutant Emission Rate (tons per year)
Carbon monoxide: 100 tpy Nitrogen oxides: 40 tpy Sulfur dioxide: 40 tpy Particulate matter: 25 tpy PM10: 15 tpy PM2.5: 10 tpy of direct PM2.5 emissions PM2.5: 40 tpy of SO2 emissions PM2.5: 40 tpy of NOX emissions (unless demonstrated not to be a PM2.5 precursor under subsection 2.66).
Ozone: 40 tpy of VOC or NOX Lead: 0.6 tpy Fluorides: 3 tpy Sulfuric acid mist: 7 tpy Hydrogen sulfide (H2S): 10 tpy Total reduced sulfur: 10 tpy (including H2S)
Reduced sulfur compounds (including H2S): 10 tpy Municipal waste combustor organics (as total tetra- through octachlorinated 3.5x10-6 tpy dibenzo-p-dioxins and dibenzofurans):
Municipal waste combustor metals (as particulate matter): 15 tpy Municipal waste combustor acid gases (as the sum of SO2 and HCl): 40 tpy Municipal solid waste landfill emissions (as nonmethane organic compounds): 50 tpy
2.74.b. In reference to a net emissions increase or the potential of a source to emit a regulated NSR pollutant that is not listed in subdivision 2.74.a, any emissions rate; and
2.74.c. Notwithstanding subdivision 2.74.a, any emissions rate or any net emissions increase associated with a major stationary source or major modification, which would construct within ten (10) kilometers of any Class I area, and have an impact on such area equal to or greater than 1 μg/m3 (twenty-four (24) hour average).
2.75. “Significant emissions increase” means, for a regulated NSR pollutant, an increase in emissions that is significant (as defined in subsection 2.74) for that pollutant.
2.76. “Significant emissions unit” means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level (as defined in subsection 2.74 or in the CAA, whichever is lower) for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit as defined in subsection 2.39.
2.77. “Significant impact” means an increase in the ambient air concentration for a particular pollutant as follows:
Averaging time (hours)
Annual Ambient Air Concentration Increase (μg/m3)
SO2 1.0 5.0 25.0
PM10 1.0 5.0
NO2 1.0
Ambient Air Concentration Increase (mg/m3)
CO 0.5 2.0
2.78. “Small emissions unit” means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in subsection 2.74 or in the CAA, whichever is lower.
2.79. “Source” or “Stationary source” means, for the purpose of this rule, any building, structure, facility, or installation which emits or may emit a regulated NSR pollutant.
2.80. “Subject to regulation” means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by the Administrator under Title 40, Chapter I, Subchapter C of the Code of Federal Regulations, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity. Except that:
2.80.a. Greenhouse gases (GHGs), the air pollutant defined in 40 CFR § 86.1818–12(a) as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation except as provided in subdivision 2.80.d.
2.80.b. For purposes of subdivisions 2.80.c through 2.80.d, the term tpy CO2 equivalent emissions (CO2e) shall represent an amount of GHGs emitted, and shall be computed as follows:
2.80.b.1. Multiplying the mass amount of emissions (in tons per year or tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas’s associated global warming potential published at Table A-1 to Subpart A of 40 CFR Part 98 - Global Warming Potentials.
2.80.b.2. Sum the resultant value from paragraph 2.80.b.1 for each gas to compute a tpy CO2e.
2.80.c. The term emissions increase as used in subdivision 2.80.d means that both a significant emissions increase (as calculated using the procedures in subsection 3.4) and a significant net emissions increase (as defined in subsections 2.46 and 2.74) occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO2e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and “significant” is defined as 75,000 tpy CO2e instead of applying the value in subdivision 2.74.b.
2.80.d. The pollutant GHGs is subject to regulation if:
2.80.d.1. The stationary source is a new major stationary source for a regulated NSR pollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tpy CO2e or more; or
2.80.d.2. The stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase of 75,000 tpy CO2e or more.
2.81. “TSP” or “Total suspended particulate matter” means particulate matter as measured by the methods described in Appendix B of 40 CFR Part 50 and incorporated by reference into State law in 45CSR8.
2.82. “Temporary clean coal technology demonstration project” means a clean coal technology demonstration project that is operated for a period of five (5) years or less, and which complies with the State Implementation Plan and other requirements necessary to attain and maintain the National Ambient Air Quality Standards during and after the project is terminated.
2.83. [Reserved.]
2.84. “US EPA” means the United States Environmental Protection Agency.
2.85. “Volatile organic compounds (VOC)” is as defined in 40 CFR §51.100(s).
W. Va. Code R. § 45-14-3 Applicability
3.1. The requirements of this rule apply to the construction of any new major stationary source (as defined in subsection 2.43) or any proposed project at an existing major stationary source in an area designated as attainment or unclassifiable under § 107(d)(1)(A)(ii) or (iii) of the CAA.
3.2. The requirements of sections 7 through 13 and sections 17 through 19 apply to the construction of any new major stationary source or the major modification of any existing major stationary source, except as this rule otherwise provides.
3.3. No new major stationary source or major modification to which the requirements of sections 7 through 13 and sections 17 through subsection 19.7 apply shall begin actual construction without a permit issued by the Secretary that states that the major stationary source or major modification will meet those requirements.
3.4. Determination of major modification. -- The determination as to whether a proposed project is a major modification for a regulated NSR pollutant shall be determined in accordance with the specific provisions set forth in subdivisions 3.4.a through 3.4.f.
3.4.a. Except as otherwise provided in subsections 3.5 and 3.6, and consistent with the definition of major modification contained in subsection 2.40, a project is a major modification for a regulated NSR pollutant if it causes two types of emissions increases -- a significant emissions increase (as defined in subsection 2.75) and a significant net emissions increase (as defined in subsections 2.46 and 2.74). The proposed project is not a major modification if it does not cause a significant emissions increase. If the proposed project causes a significant emissions increase, than the project is a major modification only if it also results in a significant net emissions increase.
3.4.b. The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being modified, according to subdivisions 3.4.c through 3.4.f. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the second step of the process) is contained in the definition in subsection 2.46. Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase.
3.4.c. Actual-to-projected-actual applicability test for projects that only involve existing emissions units. -- A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions (as defined in subsection 2.63) and the baseline actual emissions (as defined in subdivisions 2.8.a and 2.8.b), for each existing emissions unit equals or exceeds the significant amount for that pollutant (as defined in subsection 2.74).
3.4.d. Actual-to-potential test for projects that only involve construction of a new emissions unit(s). -- A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit (as defined in subsection 2.58) from each new emissions unit following completion of the project and the baseline actual emissions (as defined in subdivision 2.8.c) of these units before the project equals or exceeds the significant amount for that pollutant (as defined in subsection 2.74).
3.4.e. [Reserved]
3.4.f. Hybrid test for projects that involve multiple types of emissions units. -- A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in subdivisions 3.4.c through 3.4.d as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant (as defined in subsection 2.74).
3.5. For any major stationary source subject to a PAL for a regulated NSR pollutant, the major stationary source shall comply with the requirements set forth in section 25.
W. Va. Code R. § 45-14-4 Ambient Air Quality Increments and Ceilings
4.1. No increases in pollutant concentrations over the baseline concentrations are allowed in excess of those listed below:
Maximum Allowable Pollutant Concentration Increase over Baseline Concentration (μg/m3)
Class I Areas Particulate matter:
PM2.5, Annual arithmetic mean 1 PM2.5, 24-hour maximum 2 PM10, Annual arithmetic mean 4 PM10, 24-hour maximum 8 Sulfur dioxide:
Annual arithmetic mean 2 24-hour maximum 5 3-hour maximum 25 Nitrogen dioxide:
Annual arithmetic mean 2.5 Class II Areas Particulate matter:
PM2.5, Annual arithmetic mean 4 PM2.5, 24-hour maximum 9 PM10, Annual arithmetic mean 17 PM10, 24-hour maximum 30 Sulfur dioxide:
Annual arithmetic mean 20 24-hour maximum 91 3-hour maximum 512 Nitrogen dioxide:
Annual arithmetic mean 25 Class III Particulate matter:
PM2.5, Annual arithmetic mean 8 PM2.5, 24-hour maximum 18 PM10, Annual arithmetic mean 34 PM10, 24-hour maximum 60 Sulfur dioxide:
Annual arithmetic mean 40 24-hour maximum 182 3-hour maximum 700 Nitrogen dioxide:
Annual arithmetic mean 50
4.2. For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one (1) such period per year at any one location.
4.3. No pollutant concentration shall exceed any primary or secondary air quality standard promulgated:
4.3.a. by the Secretary; or
4.3.b. by the US EPA.
W. Va. Code R. § 45-14-5 Area Classification
5.1. Dolly Sods Wilderness Area and Otter Creek Wilderness Area are designated as Class I Areas;
5.2. The Spruce Knob-Seneca Rocks National Recreational Area, the Cranberry National Wilderness, and the New River Gorge National Scenic River are designated as Class II Areas; and
5.3. The remainder of the State of West Virginia is designated as a Class II Area.
W. Va. Code R. § 45-14-6 Prohibition of Dispersion Enhancement Techniques
6.1. The use of stack heights which exceed good engineering practice or any dispersion techniques to reduce the concentration of any air pollutant and thereby affect the degree of emission limitation required is prohibited, unless a stack existed or dispersion technique was implemented before December 31, 1970.
W. Va. Code R. § 45-14-7 Registration, Reporting and Permit Requirements for Major Stationary Sources and Major Modifications
7.1. No person shall allow the construction or relocation of any major stationary source or a major modification to be commenced in any area designated as attainment or unclassifiable under § 107 of the CAA, without notifying the Secretary of such intent and obtaining a permit(s) to construct, modify or relocate the major stationary source or major modification prior to beginning actual construction or modification (as defined by subsection 2.10). If the area in which such source would be constructed or the area in which such modification would occur is designated as nonattainment under § 107 of the CAA, as amended, for any pollutant which the source or modification would emit in significant amounts (as defined in 45CSR19), the source or modification shall meet all requirements of 45CSR19 for that pollutant and shall not be subject to the requirements of this rule for that pollutant.
7.2. The owner or operator of the source shall file with the Secretary a timely and complete permit application containing sufficient information as, in the judgment of the Secretary, will enable the Secretary to determine whether such source construction, modification, or relocation will be in conformance with the provisions of any applicable rule of the Division of Air Quality in addition to the requirements of this rule. Such information may include, but is not limited to:
7.2.a. A description of the nature, location, design capacity, and typical operating schedule of the source or modification, including specifications and drawings showing its design and plant layout;
7.2.b. A detailed schedule for construction of the source or modification;
7.2.c. A detailed description as to what system of continuous emission reduction is planned by the source or modification, emission estimates, and any other information as necessary to determine that best available control technology as applicable would be applied;
7.2.d. The air quality impact of the source or modification, including meteorological and topographical data necessary to estimate such impact; and
7.2.e. The air quality impacts and the nature and extent of any or all general commercial, residential, industrial, and other growth which has occurred since August 7, 1977, in the area the source or modification would affect.
7.3. Each permit application shall be signed by the owner or operator of the major stationary source or major modification, and such signature shall constitute an agreement that the applicant will assume responsibility for the construction, modification, or relocation, and operation of the major stationary source or major modification in accordance with applicable rules of the Secretary, the permit application, and any permit issued pursuant to this rule.
7.4. Within thirty (30) days of the receipt of a permit application for construction or relocation of a major stationary source or for a major modification, the Secretary shall determine if the application is complete or if there exists any deficiency in the application or information submitted, and shall notify the applicant of all such deficiencies, if any. In the event of such a deficiency, the date of receipt of the application shall be the date on which the Secretary received all required information.
7.5. Within six (6) months of the receipt of a complete permit application for construction or relocation of a major stationary source or for a major modification, the Secretary shall issue such a permit unless the Secretary determines that the proposed major stationary source or major modification has not satisfied the requirements of this rule, will violate applicable emission standards, will interfere with the attainment or maintenance of applicable ambient air quality standards, or will be inconsistent with the intent and purpose of this rule, in which case the Secretary shall issue an order for the prevention of such construction, modification, or relocation.
7.6. If the Secretary denies a permit application for the proposed construction or relocation of any major stationary source or major modification, the order shall set forth the Secretary’s reasons with reasonable specificity.
7.7. The Secretary may impose any reasonable conditions as part of a granted construction, modification, or relocation permit. Such conditions may include, but not be limited to, the submission of periodic progress or operation reports, the provisions of a suitable sampling site, the installation of pollutant monitoring devices, and the operation and maintenance of ambient air quality monitoring stations.
W. Va. Code R. § 45-14-8 Control Technology Requirements
8.1. Any person proposing to construct or relocate a major stationary source or major modification shall meet each applicable emissions limitation promulgated by the Secretary and any applicable emissions standard or standard of performance under 40 CFR Parts 60, 61 and 63, incorporated by reference into State law in 45CSR16 and 45CSR34.
8.2. Any person proposing to construct a new major stationary source shall apply best available control technology for each regulated NSR pollutant that it would have the potential to emit in significant amounts.
8.3. Any person proposing a major modification of a stationary source shall apply best available control technology for each regulated NSR pollutant for which such proposed major modification would cause a significant net emissions increase from such source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of operation in the unit.
8.4. For any proposed construction of a major stationary source or major modification which is a phased construction project, the determination of best available control technology shall be reviewed and modified as appropriate at the last reasonable time which occurs no later than eighteen (18) months prior to commencement of construction of each independent phase of the project. At such time, the Secretary may require the owner or operator of the applicable stationary source to demonstrate the adequacy of any previous determination of best available control technology for the source.
W. Va. Code R. § 45-14-9 Requirements Relating to the Source’s Impact on Air Quality
9.1. Required Demonstration. -- Any person proposing to construct or relocate a major stationary source or to make a major modification shall demonstrate that allowable emission increases from the proposed source or modification, in conjunction with all other applicable emission increases or reductions (including secondary emissions), would not cause or contribute to air pollution in violation of:
9.1.a. Any National or West Virginia Ambient Air Quality Standard in any air quality control region; or
9.1.b. Any applicable maximum allowable increase over the baseline concentration in any area.
9.2. [Reserved.]
W. Va. Code R. § 45-14-10 Modeling Requirements
10.1. All estimates of ambient concentrations required under section 9 shall be based on the applicable air quality models, data bases, and other requirements specified in the Appendix W of 40 CFR Part 51 (Guideline on Air Quality Models).
10.2. Where an air quality impact model specified in Appendix W of 40 CFR Part 51 (Guideline on Air Quality Models) is inappropriate, the model may be modified or another model substituted, provided that said modification or substitution is approved in writing by the Administrator.
W. Va. Code R. § 45-14-11 Air Quality Monitoring Requirements
11.1. Any person proposing to construct or relocate a major stationary source shall provide to the Secretary an analysis of the ambient air quality in the area that the major stationary source would affect for each pollutant that it would have the potential to emit in a significant amount.
11.2. Any person proposing to make a major modification to a stationary source shall provide to the Secretary an analysis of the ambient air quality in the area that the major modification would affect for each pollutant that would result in a significant net emissions increase.
11.3. For those pollutants for which no National or West Virginia Ambient Air Quality Standard exists, the analysis shall contain such air quality monitoring data as the Secretary determines is necessary to assess ambient air quality for that pollutant in any area that the emissions of that pollutant would affect.
11.4. For those pollutants (other than non-methane hydrocarbons) for which such an ambient air quality standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable increase.
11.5. The owner or operator shall gather, over a period of one year, all required ambient air quality monitoring data which shall represent the year preceding receipt of the application. However, if the Secretary determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year, but not less than four months, the owner or operator may use the data that is gathered over that shorter period.
11.6. Any person proposing to construct or relocate a major stationary source or make a major modification shall, after construction of the stationary source or modification, conduct such ambient monitoring as the Secretary determines is necessary to determine the effect emissions from the stationary source or modification may have, or are having, on air quality in any area.
11.7. Operation of monitoring stations required by section 11 shall meet the requirements of Appendix B of 40 CFR Part 58 during the operation of the monitoring stations.
W. Va. Code R. § 45-14-12 Additional Impact Analysis Requirements
12.1. Any person proposing to construct or relocate a major stationary source or make a major modification shall provide:
12.1.a. An analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the source or modification and general commercial, residential, industrial, and other growth associated with the source or modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial or recreational value; and
12.1.b. An analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial and other growth associated with the source or modification.
W. Va. Code R. § 45-14-13 Additional Requirements and Variances for Sources Impacting Federal Class I Areas
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 with direct 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 I area, 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 mean 4 PM2.5, 24-hr maximum 9 PM10, Annual arithmetic mean 17 PM10, 24-hr maximum 30 Sulfur dioxide:
Annual arithmetic mean 20 24-hr maximum 91 3-hr maximum 325 Nitrogen dioxide:
Annual arithmetic mean 25
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.
W. Va. Code R. § 45-14-14 Procedures for Sources Employing Innovative Control Technology
14.1. Any person proposing to construct or modify a major stationary source or major modification may petition the Secretary to approve a system of innovative control technology in lieu of best available control technology. Any such proposed innovative control technology shall meet the following conditions:
14.1.a. The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function;
14.1.b. The proposed source or modification must achieve a level of continuous emissions reduction equivalent to that which would have been achieved by utilizing the BACT as described in section 8 by a date specified by the Secretary;
14.1.c. The source or modification would meet requirements equivalent to all requirements of this rule that a stationary source employing a system of best available control technology would be required to meet;
14.1.d. Before the date specified in subsection 14.4, the source or modification would:
14.1.d.1. Not cause or contribute to any violation of an applicable National or West Virginia Ambient Air Quality Standard;
14.1.d.2. Not impact any area where an applicable increment is known to be violated;
14.1.d.3. Meet all other applicable requirements including those for public participation; and
14.1.d.4. The provisions of 40 CFR §51.166(p) (relating to Class I areas) have been satisfied with respect to all periods during the life of the source or modification.
14.2. The Secretary shall consult with the governor(s) of other state(s) and the Federal Land Manager(s) of areas impacted by the proposed source or modification.
14.3. The Secretary, with the concurrence of the governor(s) of other state(s) and the Federal Land Manager(s), may make a determination that the source or modification would be employing innovative control technology.
14.4. The Secretary shall specify a date by which the source or modification must meet the requirements and conditions of subsection 14.1. Such date shall not be later than four (4) years from the time of start-up or seven (7) years from permit issuance.
14.5. The Secretary shall withdraw any approval to employ a system of innovative control technology made under this section 14 if:
14.5.a. The proposed system fails to achieve the required continuous emissions reduction rate by the specified date; or
14.5.b. The proposed system fails before the specified date, so as to contribute to an unreasonable risk to public health, welfare, or safety; or
14.5.c. The Secretary decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, or safety.
14.6. If the source or modification fails to meet the required level of continuous emissions reduction within the specified time period, or if the approval is withdrawn in accordance with subsection 14.5, the Secretary shall specify a date by which the source or modification shall meet the requirement for the application of best available control technology through use of a demonstrated system of control. This date shall not exceed three (3) years from the date of the end of the specified time period or the date that the approval is withdrawn, whichever is earlier.
W. Va. Code R. § 45-14-15 Exclusions From Increment Consumption
15.1. The following concentrations shall be excluded in determining compliance with a maximum allowable increase:
15.1.a. Concentrations attributable to the increase in emissions from stationary sources which have converted from the use of petroleum products, natural gas or both by reason of an order in effect under sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation as of the effective date of this rule) over the emissions from such sources before the effective date of such an order;
15.1.b. Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason of a natural gas curtailment plan in effect pursuant to the Federal Power Act over the emissions from such sources before the effective date of such plan;
15.1.c. Concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emission-related activities of new or modified sources; and
15.1.d. Concentrations attributable to the temporary increase in emissions of sulfur dioxide, particulate matter, or nitrogen oxides from stationary sources, so long as such exclusion meets the following requirements:
15.1.d.1. The temporary emissions increase of sulfur dioxide, particulate matter or nitrogen dioxides does not exceed two (2) years in duration;
15.1.d.2. The exclusion period for the temporary emissions increase is not renewable; and
15.1.d.3. The exclusion allows no emissions increases from a stationary source which would:
15.1.d.3.A. Impact a Class I area or an area where an applicable increment is known to be violated; or
15.1.d.3.B. Cause or contribute to a violation of a National or West Virginia Ambient Air Quality Standard.
15.1.d.4. The exclusion requires limitations to be in effect at the end of the exclusion period specified in paragraph 15.1.d.1, which ensures that the emissions levels from stationary sources would not exceed those levels occurring from such sources before the temporary increase.
15.2. No exclusion of such concentrations shall apply more than five (5) years after the effective date of the order to which subdivision 15.1.a refers or the plan to which subdivision 15.1.b refers, whichever is applicable. If both an order and a plan are applicable, no exclusion shall apply more than five (5) years after the later of such effective dates.
W. Va. Code R. § 45-14-16 Specific Exemptions
16.1. A non-profit health or non-profit educational institution proposing to construct or relocate a major stationary source or to make a major modification may petition the Secretary for an exemption from the requirements of subsections 8.2, 8.3 and 8.4 and sections 9, 11 and 12.
16.2. The source or modification that would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the source’s or modification’s potential to emit and the source does not belong to any of the source categories listed in Table 1 may petition the Secretary for exemption from the requirements of subsections 8.2, 8.3, 8.4 and sections 9, 11 and 12.
16.3. Any person proposing to relocate a source or modification that is a portable stationary source which has previously received a permit under this rule may petition the Secretary not less than ten (10) days in advance of the proposed relocation (unless the Secretary has previously approved a different time limit) for an exemption from the requirements of subsections 8.2, 8.3 and 8.4 and sections 9, 11 and 12. The Secretary shall grant this if the following conditions are met:
16.3.a. The source proposes to relocate, and emissions of the source at the new location would not exceed two (2) years;
16.3.b. The emissions from the source would not exceed its allowable emissions;
16.3.c. The emissions from the source would impact no Class I area and no area where an applicable increment is known to be violated; and
16.3.d. The source identifies the proposed new location and the probable duration of operation at the new location.
16.4. Requirements equivalent to those contained in subsections 8.2, 8.3 and 8.4 and sections 9, 11 and 12 do not apply to a major stationary source or major modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant, the source or modification is located in an area designated as nonattainment under § 107 of the CAA.
16.5. Any person proposing to construct or relocate a major stationary source or make a major modification may petition the Secretary for an exemption from the requirements of sections 9 through 12 with respect to a particular pollutant, and the Secretary shall grant such exemption if the allowable emissions of that pollutant from a new source, or the net emissions increase of that pollutant from a modification, would not exceed two (2) years, would not impact any Class I area, and would not impact any area where an applicable increment is known to be violated.
16.6. Any person proposing to modify a major stationary source located in a Class II area that was in existence prior to March 1, 1978 may petition the Secretary for an exemption from the requirements of sections 9, 11 and 12 as they relate to any maximum allowable increase for a Class II area. The Secretary shall grant such exemption if the net increase in allowable emissions of each regulated NSR pollutant from the modification after the application of best available control technology would be less than fifty (50) tons per year.
16.7. Any person proposing to construct or relocate a major stationary source or make a major modification may petition the Secretary for an exemption from the requirements of section 11 with respect to a particular pollutant if:
16.7.a. The applicant demonstrates that the emissions increase of the pollutant from a new stationary source or the net emissions increase of the pollutant from a modification would cause, in any area, an air quality impact less than the amounts listed in Table 2; or
16.7.b. The applicant demonstrates that the concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed in Table 2; or
16.7.c. The applicant’s request is for any pollutant which is not listed in Table 2.
Table 2 - De Minimis Air Quality Impacts Pollutant Concentration (μg/m3)
Averaging Time Carbon Monoxide 8-hour Nitrogen Dioxide annual PM2.52 PM10 24-hour Sulfur Dioxide 24-hour Ozone1 None NA Lead 0.1 3-month Fluorides 0.25 24-hour Hydrogen Sulfide 0.2 1-hour Total Reduced Sulfur 1-hour Reduced Sulfur Compounds 1-hour 1 No de minimis air quality level is provided for ozone. However, any net emissions increase of 100 tons per year or more of volatile organic compounds or nitrogen oxides subject to PSD would be required to perform an ambient impact analysis, including the gathering of air quality data. 2 In accordance with Sierra Club v. EPA, 706 F.3d 428 (D.C. Cir. 2013), no exemption is available with regard to PM2.5.
16.8. The permitting requirements contained in subdivision 9.1.b do not apply to a stationary source or modification with respect to any maximum allowable increase for nitrogen oxides if the owner or operator of the source or modification submitted an application for a permit to the Secretary before the provisions embodying the maximum allowable increase took effect as part of the plan, and the Secretary subsequently determines that the application as submitted before that date was complete.
16.9. The permitting requirements contained in subdivision 9.1.b shall not apply to a stationary source or modification with respect to any maximum allowable increase for PM10 if:
16.9.a. The owner or operator of the source or modification submitted an application for a permit to the Secretary before the provisions embodying the maximum allowable increases for PM10 took effect as part of the plan; and
16.9.b. The Secretary subsequently determines that the application as submitted before that date was complete. Instead, the applicable requirements of subdivision 9.1.b shall apply with respect to the maximum allowable increases for TSP that are in effect on the date the application was submitted.
16.10. The requirements of subsection 9.1 shall not apply to a stationary source or modification with respect to the National or West Virginia Ambient Air Quality Standards for PM2.5 in effect on March 18, 2013 if:
16.10.a. The Secretary has determined a permit application subject to this section was complete on or before December 14, 2012. Instead, the requirements in subsection 9.1 shall apply with respect to the National or West Virginia Ambient Air Quality Standards for PM2.5 in effect at the time the Secretary determined the permit application to be complete; or
16.10.b. Prior to March 18, 2013, the Secretary published a public notice of a preliminary determination for the permit application subject to this section. Instead, the requirements in subsection 9.1 shall apply with respect to the National or West Virginia Ambient Air Quality Standards for PM2.5 in effect at the time of first publication of a public notice on the preliminary determination.
16.11. The requirements of subsection 9.1 shall not apply to a stationary source or modification with respect to the National Ambient Air Quality Standards for ozone published on October 26, 2015 if:
16.11.a. The Secretary has determined a permit application subject to this section was complete on or before October 1, 2015. Instead, the requirements in subsection 9.1 shall apply with respect to the National Ambient Air Quality Standards for ozone in effect at the time the Secretary determined the permit application was complete; or
16.11.b. Prior to December 28, 2015, the Secretary published a public notice of a preliminary determination for the permit application subject to this section. Instead, the requirements in subsection 9.1 shall apply with respect to the National Ambient Air Quality Standards for ozone in effect at the time of first publication of a public notice on the preliminary determination.
W. Va. Code R. § 45-14-17 Public Review Procedures
17.1. At the time that an application for a construction, modification or relocation permit is filed, the applicant shall place a Class I legal advertisement in a newspaper of general circulation in the area where the source will be located. No permit shall be issued to any applicant until at least thirty (30) days’ notice has been provided to the public. The advertisement shall contain at a minimum, the name of the applicant, the type and location of the source, the type and amount of air pollutants proposed to be discharged, the nature of the permit being sought, the proposed start-up date for the source, and a contact telephone number for more information.
17.2. After finishing the review of a complete application, the Secretary shall make a preliminary determination whether a permit should be approved, approved with conditions, or disapproved.
17.3. The Secretary shall make available in at least one location in the region in which the proposed source would be constructed a copy of all materials the applicant submitted (excluding data entitled to protection as confidential information under 45CSR31), a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making the preliminary determination.
17.4. The Secretary shall place a Class I legal advertisement in a paper of general circulation in the area where the proposed source would be constructed, modified, or relocated. The advertisement shall contain, as a minimum, the name of the applicant, the type and location of the source, the proposed start-up date, the preliminary determination, the degree of increment consumption that is expected from the source or modification, notification of the opportunity for written public comment, provisions for requesting a public meeting, details concerning the time and place of such a meeting if one is scheduled, and notification of the opportunity for comment at a public meeting, if such meeting is to be conducted. A public comment period of thirty (30) days shall be provided and so stated in the advertisement.
17.5. The Secretary shall send a copy of the advertisement to the applicant, to the Administrator, and to officials and agencies having cognizance over the location where the proposed construction would occur as follows: any other State or local air pollution control agencies, the chief executives of the city and county where the source would be located; any comprehensive regional land use planning agency, any State and Federal Land Managers whose lands may be affected by emissions from the source or modification.
17.6. The Secretary shall consider public comments submitted within the thirty (30) day comment period and comments submitted within a specified period not to exceed fifteen (15) days after any public meeting held to receive comments before making a final decision on the approvability of the application. The Secretary shall make copies of all comments available for public inspection in the same locations where the Secretary made available preconstruction information relating to the proposed source or modification.
17.7. The Secretary shall make a final determination whether construction should be approved, approved with conditions, or disapproved.
17.8. The Secretary shall notify the applicant in writing of the final determination and make a copy of such notification available for public inspection at the same location where the Secretary made available preconstruction information and public comments relating to the proposed source or modification.
W. Va. Code R. § 45-14-18 Public Meetings
18.1. Public meetings to receive comments on permit applications shall be held when the Secretary deems it appropriate or when substantial interest is expressed, in writing, by persons who might reasonably be expected to be affected by the proposed major source or major modification.
18.2. The Secretary shall preside over such meetings and ensure that all interested parties have ample opportunity to present comments. Such meetings shall be held at a convenient place as near as practicable to the location of the proposed major source or major modification.
18.3. At a reasonable time prior to such meetings, the Secretary shall provide appropriate information to news media in the area where the proposed source or modification is to be located.
W. Va. Code R. § 45-14-19 Permit Transfer, Cancellation and Responsibility
19.1. A permittee may petition the Secretary for a transfer of a permit previously issued in accordance with this rule. The Secretary shall approve such permit transfer provided the following conditions are met:
19.1.a. The permittee, in the petition, describes the reasons for the requested permit transfer and certifies that the subject source is in compliance with all the provisions and requirements of its permit, and
19.1.b. The transferee provides written acknowledgment that it will comply with all the requirements, terms, and conditions as contained in the subject permit.
19.2. The Secretary shall suspend or revoke a permit if, after eighteen (18) months from the date of issuance, the holder of the permit cannot provide the Secretary, at the Secretary’s request, with written proof of a good faith effort to commence construction, modification, or relocation and that such activity remains ongoing. Such proof shall be provided not later than thirty (30) days after the Secretary’s request.
19.3. The Secretary may suspend, modify, or revoke the permit if the operator does not adhere to either the plans and specifications upon which the approval was based or the conditions established in the permit. Upon notice of the Secretary’s intent to suspend, modify or revoke a permit, the permittee may request a conference with the Secretary in accordance with the provisions of W. Va. Code § 22-5-5 to show cause why the permit should not be suspended, modified or revoked.
19.4. Any owner or operator who constructs, modifies or relocates any stationary source not in accordance with the application submitted pursuant to this rule or with the terms of any permit to construct, modify or relocate, or any owner or operator of a source subject to this rule who commences construction after the effective date of this rule without applying for and receiving approval hereunder, shall be subject to appropriate enforcement action.
19.5. Possession of a permit does not relieve any person of the responsibility of complying with any and all applicable provisions of Chapter 22 of the West Virginia Code or any applicable rules promulgated thereunder.
19.6. [Reserved.]
19.7. Any person who owns or operates any particular source or modification which becomes a major stationary source or major modification solely by virtue of a relaxation in any limitation enforceable by the Administrator or the Secretary on the capacity of the source or modification otherwise to emit a pollutant (such as a restriction on hours of operation), shall become subject to the requirements of this rule as though construction had not yet commenced on the source or modification.
19.8. Except as otherwise provided in subdivision 19.8.f, the following specific provisions apply with respect to any regulated NSR pollutant emitted from projects at existing emissions units at a major stationary source (other than projects at a source with a PAL) in circumstances where there is a reasonable possibility, within the meaning of subdivision 19.8.f, that a project that is not a part of a major modification may result in a significant emissions increase of such pollutant, and the owner or operator elects to use the method specified in paragraphs 2.63.a.1 through 2.63.a.3 for calculating projected actual emissions.
19.8.a. Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information:
19.8.a.1. A description of the proposed project;
19.8.a.2. Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could be affected by the proposed project; and
19.8.a.3. A description of the applicability test used to determine that the proposed project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under paragraph 2.63.a.2 and an explanation for why such amount was excluded, and any netting calculations, if applicable.
19.8.b. If the emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information required under subdivision 19.8.a to the Secretary. Nothing in subdivision 19.8.b shall be construed to require the owner or operator of such a unit to obtain any determination from the Secretary before beginning actual construction.
19.8.c. The owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that is emitted by any emissions unit identified in paragraph 19.8.a.1. The owner or operator shall calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of five years following resumption of regular operations after the change, or for a period of ten years following resumption of regular operations after the change if the project increases the design capacity of or potential to emit that regulated NSR pollutant at such emissions unit.
19.8.d. If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the Secretary within 60 days after the end of each year during which records must be generated under subdivision 19.8.c, setting out the unit’s annual emissions during the calendar year that preceded submission of the report.
19.8.e. If the unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the Secretary if the annual emissions, in tons per year, from the project identified in subdivision 19.8.a, exceed the baseline actual emissions (as documented and maintained pursuant to paragraph 19.8.a.3), by a significant amount (as defined in subsection 2.74) for that regulated NSR pollutant, and if such emissions differ from the preconstruction projection as documented and maintained pursuant to paragraph 19.8.a.3. Such report shall be submitted to the Secretary within 60 days after the end of such year. The report shall contain the following:
19.8.e.1. The name, address and telephone number of the major stationary source;
19.8.e.2. The annual emissions as calculated pursuant to subdivision 19.8.c; and
19.8.e.3. Any other information that the owner or operator wishes to include in the report (e.g., an explanation as to why the emissions differ from the preconstruction projection).
19.8.f. A “reasonable possibility” under subsection 19.8 occurs when the owner or operator calculates the project to result in either:
19.8.f.1. A projected actual emissions increase of at least fifty percent (50%) of the amount that is a “significant emissions increase,” as defined under subsection 2.75 (without reference to the amount that is a significant net emissions increase) for the regulated NSR pollutant; or
19.8.f.2. A projected actual emissions increase that, added to the amount of emissions excluded under paragraph 2.63.a.3, sums to at least fifty percent (50%) of the amount that is a “significant emissions increase,” as defined under subsection 2.75 (without reference to the amount that is a significant net emissions increase) for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only within the meaning of this paragraph, and not also within the meaning of paragraph 19.8.f.1, then provisions under subdivisions 19.8.b through 19.8.e do not apply to the project.
19.9. The owner or operator of the source shall make available the information required to be documented and maintained pursuant to subsection 19.8 for review upon a request for inspection by the Secretary or the general public pursuant to the requirements contained in 45CSR30.
W. Va. Code R. § 45-14-20 Disposition of Permits
20.1. In the event that the Secretary promulgates changes to this rule or in the event of a redesignation of an attainment or non-attainment area (in accordance with § 107 of the CAA) prior to final disposition of a permit, the Secretary shall make final disposition of the permit application in accordance with such newly promulgated standards or redesignation.
W. Va. Code R. § 45-14-21 Conflict with Other Permitting Rules
21.1. For sources required to obtain a permit under this rule, the provisions of 45CSR13 requiring a permit do not apply, so that only a single permit is required; provided, that:
21.1.a. The base permit application fee of $1,000 pursuant to 45CSR22 shall apply to such sources in addition to other applicable fees; and
21.1.b. Any permit issued under this rule includes conditions that ensure compliance with the provisions of 45CSR13 to the extent applicable to any regulated air pollutant (as defined in 45CSR13) not otherwise covered under this rule.
W. Va. Code R. § 45-14-22 [Reserved.]
W. Va. Code R. § 45-14-23 [Reserved.]
W. Va. Code R. § 45-14-24 [Reserved]
W. Va. Code R. § 45-14-25 Actuals PALs
25.1. Applicability.
25.1.a. The Secretary may approve the use of an actuals PAL for any existing major stationary source if the PAL meets the requirements in subsections 25.1 through 25.15. The term “PAL” means “actuals PAL” throughout section 25.
25.1.b. Any physical change in or change in the method of operation of a major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements in subsections 25.1 through 25.15, complies with the PAL permit and:
25.1.b.1. Is not a major modification for the PAL pollutant;
25.1.b.2. Does not have to be approved through the PSD program; and
25.1.b.3. Is not subject to the provisions in subsection 19.4 (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability of the major NSR program).
25.1.c. Except as provided under paragraph 25.1.b.3, a major stationary source shall continue to comply with all applicable Federal and State requirements, emission limitations, and work practice requirements that were established prior to the effective date of the PAL.
25.2. Definitions. -- For the purposes of this section 25, the definition in subdivision 25.2.a applies. When a term is not defined in these paragraphs, it shall have the meaning given in section 2, in the CAA or in W. Va. Code § 22-5-2.
25.2.a. Allowable emissions means “allowable emissions” as defined in subsection 2.6, except as modified according to paragraphs 25.2.a.1 and 25.2.a.2.
25.2.a.1. The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit’s potential to emit.
25.2.a.2. An emissions unit’s potential to emit shall be determined using the definition in subsection 2.58, except that the words “or enforceable as a practical matter” should be added after “federally enforceable.”
25.3. Permit application requirements. -- As part of a permit application requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the Secretary for approval:
25.3.a. A list of all emissions units at the source designated as small, significant or major based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, applicable Federal or State requirements, emission limitations, or work practices apply to each unit.
25.3.b. Calculations of the baseline actual emissions (with supporting documentation). Baseline actual emissions shall include emissions associated not only with operation of the unit, but also emissions associated with startup, shutdown, and malfunction.
25.3.c. The calculation procedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by subdivision 25.13.a.
25.4. General requirements for establishing PALs.
25.4.a. The Secretary is allowed to establish a PAL at a major stationary source, provided that at a minimum, the requirements in paragraphs 25.4.a.1 through 25.4.a.7 are met.
25.4.a.1. The PAL shall impose an annual emission limitation, in tons per year, that is enforceable as a practical matter for the entire major stationary source. For each month during the PAL effective period after the first 12 months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). For each month during the first 11 months from the PAL effective date, the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL.
25.4.a.2. The PAL shall be established in a PAL permit that meets the public participation requirements in section 17.
25.4.a.3. The PAL permit shall contain all the requirements of subsection 25.7.
25.4.a.4. The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source.
25.4.a.5. Each PAL shall regulate emissions of only one pollutant.
25.4.a.6. Each PAL shall have a PAL effective period of ten years.
25.4.a.7. The owner or operator of the major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in subsections 25.12 through 25.14 for each emissions unit under the PAL through the PAL effective period.
25.4.b. At no time during or after the PAL effective period are emissions reductions of a PAL pollutant that occur during the PAL effective period creditable as decreases for purposes of offsets pursuant to 45CSR19, unless the level of the PAL is reduced by the amount of such emissions reductions and such reductions would be creditable in the absence of the PAL.
25.5. Public participation requirements for PALs. -- PALs for existing major stationary sources shall be established, renewed, or increased through a procedure that is consistent with 45CSR13. This includes the requirement that the Secretary provide the public with notice of the proposed approval of a PAL permit and at least a 30-day period for submittal of public comments. The Secretary must address all material comments before taking final action on the permit.
25.6. Setting the 10-year actuals PAL level.
25.6.a. Except as provided in subdivision 25.6.b, actuals PAL level for a major stationary source shall be established as the sum of the baseline actual emissions (as defined in subsection 2.8) of the PAL pollutant for each emissions unit at the source, plus an amount equal to the applicable significant level for the PAL pollutant under subsection 2.74 or under the CAA, whichever is lower. When establishing the actuals PAL level for a PAL pollutant, only one consecutive 24-month period must be used to determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24-month period may be used for each different PAL pollutant. Emissions associated with units that were permanently shut down after this 24-month period must be subtracted from the PAL level. Emissions from units on which actual construction began after the 24-month period must be added to the PAL level in an amount equal to the potential to emit of the units. The Secretary shall specify a reduced PAL level(s) (in tons per year) in the PAL permit to become effective on the future compliance date(s) of any applicable Federal or State regulatory requirement(s) that the Secretary is aware of prior to issuance of the PAL permit. For instance, if the source owner or operator will be required to reduce emissions from industrial boilers in half from baseline emissions of 60 ppm NOX to a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of such unit(s).
25.6.b. For newly constructed units (which do not include modifications to existing units) on which actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as specified in subdivision 25.6.a, the emissions must be added to the PAL level in an amount equal to the potential to emit of the units.
25.7. Contents of the PAL permit. -- The PAL permit must contain, at a minimum, the information in subdivisions 25.7.a through 25.7.j.
25.7.a. The PAL pollutant and the applicable source-wide emission limitation in tons per year.
25.7.b. The PAL permit effective date and the expiration date of the PAL (PAL effective period).
25.7.c. Specification in the PAL permit that if a major stationary source owner or operator applies to renew a PAL in accordance with subsection 25.10 before the end of the PAL effective period, then the PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is issued by the Secretary.
25.7.d. A requirement that emission calculations for compliance purposes must include emissions from startups, shutdowns, and malfunctions.
25.7.e. A requirement that, once the PAL expires, the major stationary source is subject to the requirements of subsection 25.9.
25.7.f. The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total as required by subdivision 25.13.a.
25.7.g. A requirement that the major stationary source owner or operator monitor all emissions units in accordance with the provisions under subsection 25.12.
25.7.h. A requirement to retain the records required under subsection 25.13 on site. Such records may be retained in an electronic format.
25.7.i. A requirement to submit the reports required under subsection 25.14 by the required deadlines.
25.7.j. Any other requirements that the Secretary deems necessary to implement and enforce the PAL.
25.8. PAL effective period and reopening of the PAL permit. -- The requirements in subdivisions 25.8.a and 25.8.b apply to actuals PALs.
25.8.a. PAL effective period. -- The Secretary shall specify a PAL effective period of ten years.
25.8.b. Reopening of the PAL permit.
25.8.b.1. During the PAL effective period, the Secretary must reopen the PAL permit to:
25.8.b.1.A. Correct typographical or calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL;
25.8.b.1.B. Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for use as offsets pursuant to 45CSR19; and
25.8.b.1.C. Revise the PAL to reflect an increase in the PAL as provided under subsection 25.11.
25.8.b.2. The Secretary has the discretion to reopen the PAL permit for the following:
25.8.b.2.A. To reduce the PAL to reflect newly applicable Federal requirements (for example, NSPS) with compliance dates after the PAL effective date;
25.8.b.2.B. To reduce the PAL consistent with any other requirement that is enforceable as a practical matter and that the State may impose on the major stationary source under the State Implementation Plan; and
25.8.b.2.C. To reduce the PAL if the Secretary determines that a reduction is necessary to avoid causing or contributing to a National Ambient Air Quality Standard (NAAQS) or PSD increment violation or to an adverse impact on an air quality related value that has been identified for a Federal Class I area by a Federal Land Manager and for which information is available to the general public.
25.8.b.3. Except for the permit reopening in subparagraph 25.8.b.1.A for the correction of typographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried out in accordance with the public participation requirements of subsection 25.5.
25.9. Expiration of a PAL. -- Any PAL that is not renewed in accordance with the procedures in subsection 25.10 shall expire at the end of the PAL effective period, and the requirements in subdivisions 25.9.a through 25.9.e shall apply.
25.9.a. Each emissions unit (or each group of emissions units) that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the procedures in paragraphs 25.9.a.1 and 25.9.a.2.
25.9.a.1. Within the time frame specified for PAL renewals in subdivision 25.10.b, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each group of emissions units, if such a distribution is more appropriate as decided by the Secretary) by distributing the PAL allowable emissions for the major stationary source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under subdivision 25.10.e, such distribution shall be made as if the PAL had been adjusted.
25.9.a.2. The Secretary shall decide whether and how the PAL allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the Secretary determines is appropriate.
25.9.b. Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling basis. The Secretary may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the allowable emission limitation.
25.9.c. Until the Secretary issues the revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under paragraph 25.9.a.2, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation.
25.9.d. Any physical change or change in the method of operation at the major stationary source will be subject to major NSR requirements if such change meets the definition of major modification in subsection 2.40.
25.9.e. The major stationary source owner or operator shall continue to comply with any applicable State or Federal requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL effective period, except for those emission limitations that had been established pursuant to subsection 19.4 but were eliminated by the PAL in accordance with the provisions in paragraph 25.1.b.3.
25.10. Renewal of a PAL. -- The Secretary shall follow the procedures specified in subsection 25.5 in approving any request to renew a PAL for a major stationary source and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the Secretary.
25.10.a. Application deadline. -- A major stationary source owner or operator shall submit a timely application to the Secretary to request renewal of a PAL. A timely application is one that is submitted at least six months prior to, but not earlier than 18 months from, the date of permit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued.
25.10.b. Application requirements. -- The application to renew a PAL permit shall contain the information required below.
25.10.b.1. The information required in subdivisions 25.3.a through 25.3.c;
25.10.b.2. A proposed PAL level;
25.10.b.3. The sum of the potential to emit of all emissions units under the PAL (with supporting documentation); and
25.10.b.4. Any other information the owner or operator wishes the Secretary to consider in determining the appropriate level for renewing the PAL.
25.10.c. PAL adjustment. -- In determining whether and how to adjust the PAL, the Secretary shall consider the options outlined in paragraphs 25.10.d.1 and 25.10.d.2. However, in no case may any such adjustment fail to comply with paragraph 25.10.d.3.
25.10.c.1. If the emissions level calculated in accordance with subsection 25.6 is equal to or greater than eighty percent (80%) of the PAL level, the Secretary may renew the PAL at the same level without considering the factors set forth in paragraph 25.10.d.2; or
25.10.c.2. The Secretary may set the PAL at a level that he or she determines to be more representative of the source's baseline actual emissions, or that he or she determines to be more appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as specifically identified by the Secretary in his or her written rationale.
25.10.c.3. Notwithstanding paragraphs 25.10.d.1 and 25.10.d.2:
25.10.c.3.A. If the potential to emit of the major stationary source is less than the PAL, the Secretary shall adjust the PAL to a level no greater than the potential to emit of the source; and
25.10.c.3.B. The Secretary shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions of subsection 25.11 (increasing a PAL).
25.10.d. If the compliance date for a State or Federal requirement that applies to the PAL source occurs during the PAL effective period, and if the Secretary has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or Title V permit renewal, whichever occurs first.
25.11. Increasing a PAL during the PAL effective period.
25.11.a. The Secretary may increase a PAL emission limitation only if the major stationary source complies with the provisions in paragraphs 25.11.a.1 and 25.11.a.2.
25.11.a.1. The owner or operator of the major stationary source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or exceed its PAL.
25.11.a.2. As part of this application, the major stationary source owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major emissions units assuming application of BACT-equivalent controls, plus the sum of the allowable emissions of the new or modified emissions unit(s) exceeds the PAL. The level of control that would result from BACT-equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding ten years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply.
25.11.a.3. The owner or operator obtains a major NSR permit for all emissions unit(s) identified in paragraph 25.11.a.1, regardless of the magnitude of the emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the major NSR process (for example, BACT), even though they have also become subject to the PAL or continue to be subject to the PAL.
25.11.a.4. The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.
25.11.b. The Secretary shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT equivalent controls as determined in accordance with paragraph 25.11.a.2), plus the sum of the baseline actual emissions of the small emissions units.
25.11.c. The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements of subsection 25.5.
25.12. Monitoring requirements for PALs.
25.12.a. General requirements.
25.12.a.1. Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plant-wide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit.
25.12.a.2. The PAL monitoring system must employ one or more of the four general monitoring approaches meeting the minimum requirements set forth in paragraphs 25.12.b.1 through 25.12.b.4 and must be approved by the Secretary.
25.12.a.3. Notwithstanding paragraph 25.12.a.2, you may also employ an alternative monitoring approach that meets paragraph 25.12.a.1 if approved by the Secretary.
25.12.a.4. Failure to use a monitoring system that meets the requirements of this rule renders the PAL invalid.
25.12.b. Minimum performance requirements for approved monitoring approaches. – The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in subdivisions 25.12.c through 25.12.i:
25.12.b.1. Mass balance calculations for activities using coatings or solvents;
25.12.b.2. CEMS;
25.12.b.3. CPMS or PEMS; and
25.12.b.4. Emission factors.
25.12.c. Mass balance calculations. -- An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements:
25.12.c.1. Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created by all materials used in or at the emissions unit;
25.12.c.2. Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and
25.12.c.3. Where the vendor of a material or fuel which is used in or at the emissions unit publishes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the Secretary determines there is site-specific data or a site-specific monitoring program to support another content within the range.
25.12.d. CEMS. -- An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements:
25.12.d.1. CEMS must comply with applicable Performance Specifications found in 40 CFR Part 60, appendix B and incorporated by reference into State law in 45CSR16; and
25.12.d.2. CEMS must sample, analyze and record data at least every 15 minutes while the emissions unit is operating.
25.12.e. CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements:
25.12.e.1. The CPMS or the PEMS must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and
25.12.e.2. Each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the Secretary, while the emissions unit is operating.
25.12.f. Emission factors. -- An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements:
25.12.f.1. All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors' development;
25.12.f.2. The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and
25.12.f.3. If technically practicable, the owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within six months of PAL permit issuance, unless the Secretary determines that testing is not required.
25.12.g. A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit.
25.12.h. Notwithstanding the requirements in subdivisions 25.12.c through 25.12.g, where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the Secretary shall, at the time of permit issuance:
25.12.h.1. Establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s); or
25.12.h.2. Determine that operation of the emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL.
25.12.i. Re-validation. -- All data used to establish the PAL pollutant must be re-validated through performance testing or other scientifically valid means approved by the Secretary. Such testing must occur at least once every five years after issuance of the PAL.
25.13. Recordkeeping requirements.
25.13.a. The PAL permit shall require an owner or operator to retain a copy of all records necessary to determine compliance with any requirement of section 25 and of the PAL, including a determination of each emissions unit’s 12-month rolling total emissions, for five years from the date of such record.
25.13.b. The PAL permit shall require an owner or operator to retain a copy of the following records for the duration of the PAL effective period plus five years:
25.13.b.1. A copy of the PAL permit application and any applications for revisions to the PAL; and
25.13.b.2. Each annual certification of compliance pursuant to Title V (incorporated into State law in 45CSR30) and the data relied on in certifying the compliance.
25.14. Reporting and notification requirements. -- The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the Secretary in accordance with the applicable Title V operating permit program (incorporated into State law in 45CSR30). The reports shall meet the requirements in subdivisions 25.14.a through 25.14.c.
25.14.a. Semi-annual report. -- The semi-annual report shall be submitted to the Secretary within 30 days of the end of each reporting period. This report shall contain the information required below:
25.14.a.1. The identification of owner and operator and the permit number.
25.14.a.2. Total annual emissions (in tons per year) based on a 12-month rolling total for each month in the reporting period recorded pursuant to subdivision 25.13.a.
25.14.a.3. All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, in calculating the monthly and annual PAL pollutant emissions.
25.14.a.4. A list of any emissions units modified or added to the major stationary source during the preceding six-month period.
25.14.a.5. The number, duration, and cause of any deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken.
25.14.a.6. A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by subdivision 25.12.g.
25.14.a.7. A signed statement by the responsible official (as defined by the 45CSR30) certifying the truth, accuracy, and completeness of the information provided in the report.
25.14.b. Deviation report. -- The major stationary source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report submitted pursuant to 45CSR30 shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by the applicable program implementing 45CSR30. The reports shall contain the following information:
25.14.b.1. The identification of owner and operator and the permit number;
25.14.b.2. The PAL requirement that experienced the deviation or that was exceeded;
25.14.b.3. Emissions resulting from the deviation or the exceedance; and
25.14.b.4. A signed statement by the responsible official (as defined by the applicable Title V operating permit program) certifying the truth, accuracy, and completeness of the information provided in the report.
25.14.c. Re-validation results. -- The owner or operator shall submit to the Secretary the results of any re-validation test or method within three months after completion of such test or method.
25.15. Transition requirements.
25.15.a. The Secretary may not issue a PAL that does not comply with the requirements in subsections 25.1 through 25.15 after the effective date of EPA approval and promulgation of a revision to the West Virginia State Implementation Plan incorporating this rule.
25.15.b. The Secretary may supersede any PAL that was established prior to the effective date of EPA approval and promulgation of a revision to the West Virginia State Implementation Plan incorporating this rule with a PAL that complies with the requirements of subsections 25.1 through 25.15.
W. Va. Code R. § 45-14-26 Inconsistency Between Rules
26.1. In the event of any inconsistency between this rule and any other rule of the Division of Air Quality, such inconsistency shall be resolved by the determination of the Secretary and such determination shall be based upon the application of the more stringent provision, term, condition, method or rule.
Series 16 Standards of Performance for New Stationary Sources
W. Va. Code R. § 45-16-1 General
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. -- March 31, 2026.
1.4. Effective date. -- June 1, 2026.
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, 2025.
W. Va. Code R. § 45-16-2 Definitions
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.
W. Va. Code R. § 45-16-3 Requirements
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.
W. Va. Code R. § 45-16-4 Adoption of standards
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, 2025, 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, Ba, 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.
W. Va. Code R. § 45-16-5 Secretary
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.
W. Va. Code R. § 45-16-6 Permits
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.
W. Va. Code R. § 45-16-7 Inconsistency between rules
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.
Series 17 To Prevent And Control Particulate Matter Air Pollution from Materials Handling, Preparation, Storage And Other Sources Of Fugitive Particulate Matter
W. Va. Code R. § 45-17-1 General
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.
W. Va. Code R. § 45-17-2 Definitions
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.
W. Va. Code R. § 45-17-3 Control and Prohibition of Fugitive Particulate Emissions
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.
W. Va. Code R. § 45-17-4 Control Programs and Schedules
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.
W. Va. Code R. § 45-17-5 Variance
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.
W. Va. Code R. § 45-17-6 Exemptions
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.
W. Va. Code R. § 45-17-7 Enforcement
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.
W. Va. Code R. § 45-17-8 Inconsistency Between Rules
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.
45CSR17
Series 18 Control of Air Pollution from Combustion of Solid Waste
W. Va. Code R. § 45-18-1 General
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:
1.1.1. 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;
1.1.2. Small municipal waste combustion units subject to the standards of performance promulgated by the U.S. EPA under 40 CFR part 60, subpart AAAA;
1.1.3. 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;
1.1.4. 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;
1.1.5. 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
1.1.6. Sewage sludge incineration units subject to the standards of performance promulgated by the U.S. EPA under 40 CFR part 60, subpart LLLL.
1.2. Authority. -- W. Va. Code § 22-5-4.
1.3. Filing Date. -- March 31, 2026.
1.4. Effective Date. -- June 1, 2026.
1.5. Sunset provision. -- Does not apply.
1.6. This rule codifies general procedures and criteria to implement a program of specific standards of performance, emission guidelines and compliance times for solid waste combustors, combustion units, incinerators and incineration units set forth in the Code of Federal Regulations and as listed below in Tables 45-18A, 45-18B, 45-18C, 45-18D, 45-18E, 45-18F, 45-18G, 45-18H, 45-18I, 45-18J, 45-18K, 45-18L and 45-18M.
1.7. Neither compliance with the provisions of this rule nor the absence of specific language to cover particular situations constitutes approval or implies consent or condonation of any emission that is released in any locality in such a manner or amount as to cause or contribute to statutory air pollution. Neither does it exempt nor excuse any person from complying with other applicable laws, ordinances, regulations or orders of governmental entities having jurisdiction over the combustion of solid waste.
1.8. Incorporation by Reference. -- Federal Counterpart Regulation. The Secretary has determined that a federal counterpart regulation exists. In accordance with the Secretary’s recommendation, and with limited exception, this rule incorporates by reference 40 CFR part 60, subparts Eb, Ec, AAAA, CCCC, EEEE and LLLL effective June 1, 2025.
W. Va. Code R. § 45-18-2 Definitions
2.1. “Administrator” means the Administrator of the United States Environmental Protection Agency (U.S. EPA) or his or her designated representative.
2.2. “Air curtain incinerator” or “ACI” for the purpose of section 9 means an incinerator that operates by forcefully projecting a curtain of air across an open chamber or pit in which combustion occurs. Incinerators of this type can be constructed above or below ground and with or without refractory walls and floor. Air curtain incinerators are not to be confused with conventional combustion devices with enclosed fireboxes and controlled air technology such as mass burn, modular, and fluidized bed combustors.
2.3. “Bag leak detection system” for the purpose of section 9 means an instrument that is capable of monitoring particulate matter loadings in the exhaust of a fabric filter (i.e., baghouse) in order to detect bag failures. A bag leak detection system includes, but is not limited to, an instrument that operates on triboelectric, light scattering, light transmittance, or other principle to monitor relative particulate matter loadings.
2.4. “Cd” means Cadmium.
2.5. “CEMS” or “continuous emission monitoring system” for the purpose of section 9 means the total equipment that may be required to meet the data acquisition and availability requirements used to sample, condition (if applicable), analyze, and provide a record of emissions.
2.6. “CEMS data during startup and shutdown” for the purpose of section 9 means the following:
2.6.1. For incinerators and small remote incinerators: CEMS data collected during the first hours of operation of a CISWI startup from a cold start until waste is fed into the unit and the hours of operation following the cessation of waste material being fed to the CISWI during a unit shutdown. For each startup event, the length of time that CEMS data may be claimed as being CEMS data during startup must be 48 operating hours or less. For each shutdown event, the length of time that CEMS data may be claimed as being CEMS data during shutdown must be 24 operating hours or less;
2.6.2. For energy recovery units: CEMS data collected during the startup or shutdown periods of operation. Startup begins with either the first-ever firing of fuel in a boiler or process heater for the purpose of supplying useful thermal energy (such as steam or heat) for heating, cooling or process purposes, or producing electricity, or the firing of fuel in a boiler or process heater for any purpose after a shutdown event. Startup ends 4 hours after the boiler or process heater makes useful thermal energy (such as heat or steam) for heating, cooling, or process purposes, or generates electricity, whichever is earlier. Shutdown begins when the boiler or process heater no longer makes useful thermal energy (such as heat or steam) for heating, cooling, or process purposes and/or generates electricity or when no fuel is being fed to the boiler or process heater, whichever is earlier. Shutdown ends when the boiler or process heater no longer makes useful thermal energy (such as steam or heat) for heating, cooling, or process purposes and/or generates electricity, and no fuel is being combusted in the boiler or process heater; and
2.6.3. For waste-burning kilns: CEMS data collected during the periods of kiln operation that do not include normal operations. Startup means the time from when a shutdown kiln first begins firing fuel until it begins producing clinker. Startup begins when a shutdown kiln turns on the induced draft fan and begins firing fuel in the main burner. Startup ends when feed is being continuously introduced into the kiln for at least 120 minutes or when the feed rate exceeds 60 percent of the kiln design limitation rate, whichever occurs first. Shutdown means the cessation of kiln operation. Shutdown begins when feed to the kiln is halted and ends when continuous kiln rotation ceases.
2.7. “Chemical recovery unit” for the purpose of section 9 means combustion units burning materials to recover chemical constituents or to produce chemical compounds where there is an existing commercial market for such recovered chemical constituents or compounds. A chemical recovery unit is not an incinerator, a waste-burning kiln, an energy recovery unit or a small, remote incinerator under this subpart. The following 7 types of units are considered chemical recovery units:
2.7.1. Units burning only pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery process and reused in the pulping process;
2.7.2. Units burning only spent sulfuric acid used to produce virgin sulfuric acid;
2.7.3. Units burning only wood or coal feedstock for the production of charcoal;
2.7.4. Units burning only manufacturing byproduct streams/residue containing catalyst metals that are reclaimed and reused as catalysts or used to produce commercial grade catalysts;
2.7.5. Units burning only coke to produce purified carbon monoxide that is used as an intermediate in the production of other chemical compounds;
2.7.6. Units burning only hydrocarbon liquids or solids to produce hydrogen, carbon monoxide, synthesis gas, or other gases for use in other manufacturing processes; and
2.7.7. Units burning only photographic film to recover silver.
2.8. “CFR” or “C.F.R.” means the Code of Federal Regulations.
2.9. “Clean Air Act” (“CAA”) means the federal Clean Air Act, as amended, 42 U.S.C. § 7401, et seq.
2.10. “CMS” or “continuous monitoring system” for the purpose of section 9 means the total equipment, required under the emission monitoring sections in applicable subparts, used to sample and condition (if applicable), to analyze, and to provide a permanent record of emissions or process parameters. A particulate matter continuous parameter monitoring system (PM CPMS) is a type of CMS.
2.11. “Commercial and industrial solid waste incineration unit”, “CISWI”, or “CISWI unit” means any distinct operating unit of any commercial or industrial facility that combusts, or has combusted in the preceding 6 months, any solid waste as that term is defined in 40 CFR part 241. If the operating unit burns materials other than traditional fuels as defined in 40 CFR § 241.2 that have been discarded, and the owner or operator does not keep and produce records as required by subdivision 9.11.21, the operating unit is a CISWI unit. While not all CISWI units will include all of the following components, a CISWI unit includes, but is not limited to, the solid waste feed system, grate system, flue gas system, waste heat recovery equipment, if any, and bottom ash system. The CISWI unit does not include air pollution control equipment or the stack. The CISWI unit boundary starts at the solid waste hopper (if applicable) and extends through 2 areas: the combustion unit flue gas system, which ends immediately after the last combustion chamber or after the waste heat recovery equipment, if any; and the combustion unit bottom ash system, which ends at the truck loading station or similar equipment that transfers the ash to final disposal. The CISWI unit includes all ash handling systems connected to the bottom ash handling system.
2.12. “HCl” means hydrogen chloride.
2.13. “Hg” means mercury.
2.14. “Hospital, medical, and infectious waste incinerator” or “HMIWI unit” means any device that combusts any amount of hospital waste or medical/infectious waste.
2.15. “Incinerator” means any furnace used in the process of combusting solid waste (as that term is defined in 40 CFR part 241) for the purpose of reducing the volume of the waste by removing combustible matter. Incinerator designs include single chamber and two-chamber.
2.16. “Municipal waste combustor unit” or “municipal waste combustor” means any setting or equipment that combusts solid, liquid or gasified municipal solid waste including, but not limited to, field-erected incinerators (with or without heat recovery), modular incinerators (starved-air or excess-air), boilers (i.e., steam generating units), furnaces (whether suspension-fired, grate-fired, mass-fired, air curtain incinerators, or fluidized bed-fired), and pyrolysis/combustion units.
2.16.1. Municipal waste combustors do not include:
2.16.1.a. pyrolysis/combustion units located at a plastics/rubber recycling unit as specified in 40 CFR § 60.50b(m);
2.16.1.b. cement kilns firing municipal solid waste as specified in 40 CFR § 60.50b(p);
2.16.1.c. internal combustion engines, gas turbines, or other combustion devices that combust landfill gases collected by landfill gas collection systems.
2.16.2. The municipal waste combustor unit includes, but is not limited to, the municipal solid waste fuel feed system, grate system, flue gas system, bottom ash system, and the combustor water system. The municipal waste combustor boundary starts at the municipal solid waste pit or hopper and extends through:
2.16.2.a. The combustor flue gas system, which ends immediately following the heat recovery equipment or, if there is no heat recovery equipment, immediately following the combustion chamber;
2.16.2.b. The combustor bottom ash system, which ends at the truck loading station or similar ash handling equipment that transfer the ash to final disposal, including all ash handling systems that are connected to the bottom ash handling system; and
2.16.2.c. The combustor water system, which starts at the feed water pump and ends at the piping exiting the steam drum or superheater.
2.17. “NOX” means nitrogen oxides.
2.18. “Other solid waste incineration unit” or “OSWI unit” means either a very small municipal waste combustion unit or an institutional waste incineration unit. Unit types listed in 40 CFR § 60.2887 are not OSWI units. While not all OSWI units will include all of the following components, an OSWI unit includes, but is not limited to, the municipal or institutional solid waste feed system, grate system, flue gas system, waste heat recovery equipment, if any, and bottom ash system. The OSWI unit does not include air pollution control equipment or the stack. The OSWI unit boundary starts at the municipal or institutional waste hopper (if applicable) and extends through 2 areas:
2.18.1. The combustion unit flue gas system, which ends immediately after the last combustion chamber or after the waste heat recovery equipment, if any; and
2.18.2. The combustion unit bottom ash system, which ends at the truck loading station or similar equipment that transfers the ash to final disposal. The OSWI unit includes all ash handling systems connected to the bottom ash handling system.
2.19. “Oxygen analyzer system” for the purposes of section 9 means all equipment required to determine the oxygen content of a gas stream and used to monitor oxygen in the boiler or process heater flue gas, boiler/process heater, firebox, or other appropriate location. This definition includes oxygen trim systems and certified oxygen CEMS. The source owner or operator is responsible to install, calibrate, maintain, and operate the oxygen analyzer system in accordance with the manufacturer's recommendations.
2.20. “Pb” means lead.
2.21. “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.
2.22. “PM” means particulate matter.
2.23. “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.
2.24. “Shutdown” for the purpose of section 9 means, for incinerators and small, remote incinerators, the period of time after all waste has been combusted in the primary chamber.
2.25. “SO2” means sulfur dioxide.
2.26. “Standard Metropolitan Statistical Area” means any areas listed in OMB Bulletin No. 93-17 entitled “Revised Statistical Definitions for Metropolitan Areas” dated June 30, 1993.
2.27. “Startup period” for the purpose of section 9 means for incinerators and small, remote incinerators, the period of time between the activation of the system and the first charge to the unit.
2.28. Other words and phrases used in this rule, unless otherwise indicated, shall have the meaning ascribed to them in 40 CFR part 60 subparts A, B, Ce, Eb, Ec, AAAA, CCCC, DDDD, EEEE and LLLL as applicable. Words and phrases not defined therein shall have the meaning given to them in the federal Clean Air Act.
W. Va. Code R. § 45-18-3 Adoption of standards
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, 2025.
W. Va. Code R. § 45-18-4 Requirements for new large municipal waste combustors
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:
4.2.1. Commenced construction after September 20, 1994; or
4.2.2. Commenced modification or reconstruction after June 19, 1996.
W. Va. Code R. § 45-18-5 Requirements for new small municipal waste combustion units
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:
5.2.1. Commenced construction after August 30, 1999; or
5.2.2. Commenced modification or reconstruction after June 6, 2001.
W. Va. Code R. § 45-18-6 Requirements for new hospital, medical, and infectious waste incinerators
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:
6.2.1. Commenced construction after December 1, 2008; or
6.2.2. Commenced modification after April 6, 2010.
6.3. Physical or Operational Changes. Physical or operational changes made to an HMIWI unit to comply with the emission guidelines in section 7 below and 40 CFR part 60, subpart Ce do not qualify as a reconstruction or modification under this section 6 and 40 CFR part 60, subpart Ec.
W. Va. Code R. § 45-18-7 Requirements for existing hospital, medical, and infectious waste incinerators
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 7.2.1 are subject to the requirements for existing HMIWI units set forth herein.
7.2.1. Designated facilities. -- Except as provided in subdivisions 7.2.2 through 7.2.8, the designated facility to which the emissions guidelines apply is each individual HMIWI unit in West Virginia:
7.2.1.a. For which construction was commenced on or before June 20, 1996, or for which modification was commenced on or before March 16, 1998; or
7.2.1.b. 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.
7.2.2. A combustor is not subject to this section during periods when only pathological waste, low-level radioactive waste, and/or chemotherapeutic waste is burned, provided the owner or operator of the combustor:
7.2.2.a. Notifies the Secretary of an exemption claim; and
7.2.2.b. Keeps records on a calendar quarter basis of the periods of time when only pathological waste, low-level radioactive waste, and/or chemotherapeutic waste is burned.
7.2.3. Any co-fired combustor is not subject to this section if the owner or operator of the co-fired combustor:
7.2.3.a. Notifies the Secretary of an exemption claim;
7.2.3.b. Provides an estimate of the relative weight of hospital waste, medical/infectious waste, and other fuels and/or wastes to be combusted; and
7.2.3.c. Keeps records on a calendar quarter basis of the weight of hospital waste and medical/infectious waste combusted and the weight of all other fuels and wastes combusted at the co-fired combustor.
7.2.4. Units not subject to this section:
7.2.4.a. Any combustor required to have a permit under Section 3005 of the Solid Waste Disposal Act;
7.2.4.b. Any combustor which meets the applicability requirements under 40 CFR part 60, subparts Cb, Ea, or Eb (standards or guidelines for certain municipal waste combustors);
7.2.4.c. Any pyrolysis unit; and
7.2.4.d. Cement kilns firing hospital waste and/or medical/infectious waste.
7.2.5. Physical or operational changes made to an existing HMIWI unit solely for the purpose of complying with emission guidelines under this section are not considered a modification and do not result in an existing HMIWI unit becoming subject to the provisions of 40 CFR part 60, subpart Ec.
7.2.6. On or before September 15, 2000, the owner or operator of an existing HMIWI unit shall operate pursuant to a Title V permit in accordance with the requirements of 45CSR30.
7.2.7. Designated facilities under paragraph 7.2.1.a are subject to the requirements of 40 CFR part 62, subpart XX.
7.3. Emissions guidelines.
7.3.1. The owner or operator of an existing HMIWI unit shall comply with the following emissions limits as applicable:
7.3.1.a. For a designated facility set forth in paragraph 7.2.1.a subject to the emissions guidelines, the requirements listed below in Table 45-18A, except as provided in subdivision 7.3.2;
7.3.1.b. For a designated facility set forth in paragraph 7.2.1.a subject to the emissions guidelines, the requirements listed in Table 45-18B, except as provided in subdivision 7.3.2;
7.3.1.c. For a designated facility set forth in paragraph 7.2.1.b, the more stringent of the requirements listed in Table 45-18B and Table 1A of 40 CFR part 60, subpart Ec.
7.3.2. The owner or operator of any small HMIWI unit constructed on or before June 20, 1996, which is located more than 50 miles from the boundary of the nearest Standard Metropolitan Statistical Area and which burns less than 2,000 pounds per week of hospital waste and medical/infectious waste shall comply with emissions limits in paragraphs 7.3.2.a and 7.3.2.b, as applicable. The 2,000 pounds per week limitation does not apply during performance tests.
7.3.2.a. For a designated facility under paragraph 7.2.1.a subject to the emissions guidelines, the requirements listed in Table 45-18C; and
7.3.2.b. For a designated facility under paragraph 7.2.1.a subject to the emissions the requirements listed in Table 45-18D.
7.3.3. The owner or operator of any existing HMIWI unit shall comply with the following stack opacity requirements, as applicable:
7.3.3.a. For a designated facility under paragraph 7.2.1.a subject to the emissions, the requirements in 40 CFR § 60.52c(b)(1); and
7.3.3.b. For a designated facility under paragraph 7.2.1.a subject to the emissions guidelines and a designated facility under paragraph 7.2.1.b, the requirements in 40 CFR § 60.52c(b)(2).
7.4. Operator training and qualification guidelines. -- The owner or operator of an existing HMIWI unit shall comply with the operator training and qualification requirements specified in 40 CFR § 60.53c:
7.4.1. For a designated facility under paragraph 7.2.1.a, by July 28, 2001, and
7.4.2. For a designated facility under paragraph 7.2.1.b, at the time of initial facility start-up.
7.5. Waste management guidelines. -- The owner or operator of an existing HMIWI unit under paragraphs 7.2.1.a and 7.2.1.b shall comply with the waste management plan specified in 40 CFR § 60.55c within 1 year after the date of U.S. EPA’s approval of the 111(d)/129 state plan revision for HMIWI units under 40 CFR part 60, subpart Ce requirements.
7.6. Inspection guidelines.
7.6.1. The owner or operator of each small HMIWI unit subject to the emissions limits under subdivision 7.3.2 and each HMIWI unit subject to the emissions limits under paragraphs 7.3.1.b and 7.3.1.c shall perform an initial equipment inspection within 1 year after the date of U.S. EPA’s approval of the 111(d)/129 state plan revision for HMIWI units under 40 CFR part 62, subpart XX, and the related provisions of 40 CFR part 60, subpart Ce. The initial equipment inspection shall include the following:
7.6.1.a. Inspection of all burners, pilot assemblies, and pilot sensing devices for proper operation and cleaning of pilot flame sensor, as necessary;
7.6.1.b. Ensuring proper adjustment of primary and secondary chamber combustion air, and adjust as necessary;
7.6.1.c. Inspection of hinges and door latches and lubrication as necessary;
7.6.1.d. Inspection of dampers, fans, and blowers for proper operation;
7.6.1.e. Inspection of HMIWI unit door and door gaskets for proper sealing;
7.6.1.f. Inspection of motors for proper operation;
7.6.1.g. Inspection of primary chamber refractory lining; cleaning and repairing or replacing lining as necessary;
7.6.1.h. Inspection of incinerator shell for corrosion and hot spots;
7.6.1.i. Inspection of secondary and tertiary chamber and stack, cleaning as necessary;
7.6.1.j. Inspection of mechanical loader, including limit switches, for proper operation, if applicable;
7.6.1.k. Visual inspection of waste bed (grates), and repairing or sealing, as appropriate;
7.6.1.l. For the burn cycle that follows the inspection, documentation that the incinerator is operating properly and making any necessary adjustments;
7.6.1.m. Inspection of air pollution control device(s) for proper operation, if applicable;
7.6.1.n. Inspection of waste heat boiler systems to ensure proper operation, if applicable;
7.6.1.o. Inspection of bypass stack components;
7.6.1.p. Ensuring proper calibration of thermocouples, sorbent feed systems and any other monitoring equipment; and
7.6.1.q. Generally observing that the equipment is maintained in good operating condition.
7.6.2. Within 10 operating days following an equipment inspection, all necessary repairs shall be completed unless the owner or operator obtains written approval from the Secretary establishing a date whereby all necessary repairs of the designated facility shall be completed.
7.6.3. The owner or operator of each small HMIWI unit subject to the emissions limits under subdivision 7.3.2 and each HMIWI unit subject to the emissions limits under paragraphs 7.3.1.b and 7.3.1.c shall perform an equipment inspection annually (no more than 12 months following the previous annual equipment inspection), as outlined in subdivision 7.6.1.
7.6.4. The owner or operator of each small HMIWI unit subject to the emissions limits under paragraph 7.3.2.b and each HMIWI unit subject to the emissions limits under paragraphs 7.3.1.b and 7.3.1.c shall perform an initial air pollution control device inspection, as applicable, within 1 year following approval of the 111(d)/129 state plan revision for HMIWI units under 40 CFR part 62, subpart XX, and the related provisions of 40 CFR part 60, subpart Ce. The initial air pollution control device inspection shall include the following:
7.6.4.a. Inspect air pollution control device(s) for proper operation, if applicable;
7.6.4.b. Ensure proper calibration of thermocouples, sorbent feed systems, and any other monitoring equipment; and
7.6.4.c. Generally observe that the equipment is maintained in good operating condition.
7.6.5. Within 10 operating days following an air pollution control device inspection under subdivision 7.6.4, the owner or operator shall complete all necessary repairs unless the owner or operator obtains written approval from the Secretary establishing a date whereby the owner or operator shall complete all necessary repairs of the designated facility.
7.6.6. The owner or operator of each small HMIWI unit subject to the emissions limits under paragraph 7.3.2.b and each HMIWI unit subject to the emissions limits under paragraphs 7.3.1.b and 7.3.1.c shall perform an air pollution control device inspection, as applicable, annually (no more than 12 months following the previous annual air pollution control device inspection), as outlined in subdivision 7.6.4.
7.7. Compliance, performance testing, and monitoring guidelines.
7.7.1. Except as provided in subdivision 7.7.2, the owner or operator of a HMIWI unit shall comply with the requirements for compliance and performance testing listed in 40 CFR § 60.56c, with the following exclusions:
7.7.1.a. For a designated facility under paragraph 7.2.1.a subject to the emissions limits in paragraph 7.3.1.a, the test methods listed in 40 CFR §§ 60.56c(b)(7) and (8), the fugitive emissions testing requirements under 40 CFR §§ 60.56c(b)(14) and (c)(3), the CO CEMS requirements under 40 CFR § 60.56c(c)(4), and the compliance requirements for monitoring listed in 40 CFR §§ 60.56c(c)(5)(ii) through (v), (c)(6), (c)(7), (e)(6) through (10), (f)(7) through (10), (g)(6) through (10), and (h).
7.7.1.b. For a designated facility under paragraphs 7.2.1.a and 7.2.1.b subject to the emissions limits in paragraphs 7.3.1.b and 7.3.1.c, the annual fugitive emissions testing requirements under 40 CFR § 60.56c(c)(3), the CO CEMS requirements under 40 CFR § 60.56c(c)(4), and the compliance requirements for monitoring listed in 40 CFR §§ 60.56c(c)(5)(ii) through (v), (c)(6), (c)(7), (e)(6) through (10), (f)(7) through (10), and (g)(6) through (10). Sources subject to the emissions limits under paragraphs 7.3.1.b and 7.3.1.c may, however, elect to use CO CEMS as specified under 40 CFR § 60.56c(c)(4) or bag leak detection systems as specified under 40 CFR § 60.57c(h).
7.7.2. Except as provided in paragraphs 7.7.2.a and 7.7.2.b, the owner or operator of a small HMIWI unit subject to the emissions limits under subdivision 7.3.2 shall comply with the performance testing requirements listed in 40 CFR § 60.56c. The 2,000 pounds per week limitation under subdivision 7.3.2 does not apply during performance tests.
7.7.2.a. For a designated facility under paragraph 7.2.1.a subject to the emissions limits under paragraph 7.3.2.a, the test methods listed in 40 CFR §§ 60.56c(b)(7), (8), (12), (13) (Pb and Cd), and (14), the annual PM, CO, and HCl emissions testing requirements under 40 CFR § 60.56c(c)(2), the annual fugitive emissions testing requirements under 40 CFR § 60.56c(c)(3), the CO CEMS requirements under 40 CFR § 60.56c(c)(4). The compliance requirements for monitoring listed in 40 CFR §§ 60.56c(c)(5) through (7), and (d) through (k) do not apply.
7.7.2.b. For a designated facility under paragraph 7.2.1.b subject to the emissions limits under paragraph 7.3.2.b, the annual fugitive emissions testing requirements under 40 CFR § 60.56c(c)(3), the CO CEMS requirements under 40 CFR § 60.56c(c)(4), and the compliance requirements for monitoring listed in 40 CFR §§ 60.56c(c)(5)(ii) through (v), (c)(6), (c)(7), (e)(6) through (10), (f)(7) through (10), and (g)(6) through (10) do not apply. Sources subject to the emissions limits under paragraph 7.3.2.b may, however, elect to use CO CEMS as specified under 40 CFR § 60.56c(c)(4) or bag leak detection systems as specified under 40 CFR § 60.57c(h).
7.7.3. The owner or operator of a small HMIWI unit subject to the emissions limits under subdivision 7.3.2 that is not equipped with an air pollution control device shall comply with the following compliance and performance testing requirements:
7.7.3.a. Establishment of maximum charge rate and minimum secondary chamber temperature as site-specific operating parameters during the initial performance test to determine compliance with applicable emission limits;
7.7.3.b. Following the date on which the initial performance test is completed or is required to be completed under 40 CFR § 60.8, whichever date comes first, the small HMIWI unit shall not operate above the maximum charge rate or below the minimum secondary chamber temperature measured as 3-hour rolling averages (calculated each hour as the average of the previous 3 operating hours) at all times. Operating parameter limits do not apply during performance tests. Operation above the maximum charge rate or below the minimum secondary chamber temperature shall constitute a violation of the established operating parameter(s).
7.7.3.c. Operation above the maximum charge rate and below the minimum secondary chamber temperature (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the PM, CO and dioxin/furan emission limits, except as provided in paragraph 7.7.3.d; and
7.7.3.d. The owner or operator of a small HMIWI unit may conduct a repeat performance test within 30 days of violation of applicable operating parameter(s) to demonstrate that the small HMIWI unit is not in violation of the applicable emission limit(s). Repeat performance tests conducted pursuant to this paragraph shall be conducted under process and control device operating conditions duplicating as nearly as possible those that indicated a violation under paragraph 7.7.3.c;
7.7.4. The owner or operator of a HMIWI unit subject to the emissions limits under subdivisions 7.3.1 and 7.3.2 shall comply with the requirements for monitoring listed in 40 CFR § 60.57c, except as provided for under subdivision 7.7.5.
7.7.5. The owner or operator of a small HMIWI unit subject to the emissions limits under subdivision 7.3.2 that is not equipped with an air pollution control device shall comply with the following monitoring requirements:
7.7.5.a. Installation, calibration (to manufacturer’s specifications), maintenance and operation of a device for measuring and recording the temperature of the secondary chamber on a continuous basis, the output of which shall be recorded, at a minimum once every minute throughout operation;
7.7.5.b. Installation, calibration (to manufacturer’s specifications), maintenance and operation of a device that automatically measures and records the date, time, and weight of each charge fed into the HMIWI unit;
7.7.5.c. The owner or operator of a HMIWI unit shall obtain monitoring data at all times during HMIWI unit operation except during periods of monitoring equipment malfunction, calibration or repair. At a minimum, the owner or operator shall obtain valid monitoring data for 75% of the operating hours per day and for 90% of the operating hours per calendar quarter that the HMIWI unit is combusting hospital waste or medical/infectious waste.
7.7.6. The owner or operator of a designated facility under paragraphs 7.2.1.a or 7.2.1.b subject to emissions limits under paragraphs 7.3.1.b, 7.3.1.c or 7.3.2.b may use the results of previous emissions tests to demonstrate compliance with the emissions limits, provided that the conditions in paragraphs 7.7.6.a through 7.7.6.c are met:
7.7.6.a. The designated facility’s previous emissions tests were conducted using the applicable procedures and test methods listed in 40 CFR § 60.56c(b). Previous emissions test results obtained using EPA-accepted voluntary consensus standards are also acceptable.
7.7.6.b. The HMIWI unit at the designated facility is currently operated in a manner (e.g., with charge rate, secondary chamber temperature, etc.) that would be expected to result in the same or lower emissions than observed during the previous emissions test(s). The HMIWI unit may not have been modified such that emissions would be expected to exceed (notwithstanding normal test-to-test variability) the results from previous emissions test(s).
7.7.6.c. The previous emissions test(s) were conducted in 1996 or later.
7.8. Reporting and Recordkeeping Guidelines.
7.8.1. Except as provided in paragraphs 7.8.1.a and 7.8.1.b, the owner or operator of an existing HMIWI unit shall comply with the reporting and recordkeeping requirements listed in 40 CFR §§ 60.58c(b) through (g).
7.8.1.a. For a designated facility under paragraph 7.2.1.a subject to emissions limits under paragraphs 7.3.1.a or 7.3.2.a, excluding 40 CFR §§ 60.58c(b)(2)(ii) (fugitive emissions), (b)(2)(viii) (NOX reagent), (b)(2)(xvii) (air pollution control device inspections), (b)(2)(xviii) (bag leak detection system alarms), (b)(2)(xix) (CO CEMS data), and (b)(7) (siting documentation).
7.8.1.b. For a designated facility under paragraphs 7.2.1.a or 7.2.1.b subject to emissions limits under paragraphs 7.3.1.b, 7.3.1.c or 7.3.2.b, excluding 40 CFR §§ 60.58c(b)(2)(xviii) (bag leak detection system alarms), (b)(2)(xix) (CO CEMS data), and (b)(7) (siting documentation).
7.8.2. The owner or operator of each HMIWI unit subject to the emissions limits under subsection 7.3 shall:
7.8.2.a. As specified in subsection 7.6, maintain records of the annual equipment inspections that are required for each HMIWI unit subject to the emissions limits under paragraphs 7.3.1.b, 7.3.1.c and subdivision 7.3.2; the annual air pollution control device inspections that are required for each HMIWI unit subject to the emissions limits under paragraphs 7.3.1.b, 7.3.1.c and 7.3.2.b; any required maintenance; and any repairs not completed within 10 days of an inspection or repair date approved by the Secretary; and
7.8.2.b. Submit an annual report containing information recorded under paragraph 7.8.2.a no later than 60 days following the year in which data were collected. The owner or operator shall send subsequent reports no later than 12 calendar months following the previous report (once the unit is subject to permitting requirements under 45CSR30, the owner or operator shall submit these reports semiannually). The owner or operator shall sign and certify the report in accordance with subdivision 7.8.3.
7.8.3. Where reports are required to be submitted to the Secretary under the terms of a permit issued pursuant to 45CSR13, 45CSR14, 45CSR19 or 45CSR30, the owner or operator shall sign and certify the reports in accordance with the requirements of the applicable permitting rule. Where reports are required to be submitted to the Secretary under this rule, and no permit is in effect under 45CSR13, 45CSR14, 45CSR19 or 45CSR30, the facilities manager shall sign the report, which shall contain a certification stating that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.
7.9. Compliance times.
7.9.1. Except as provided in subdivisions 7.9.2, 7.9.3 and 7.9.4, on or after July 28, 2001, the owner or operator of any existing HMIWI unit subject to the requirements of 40 CFR part 62, subpart XX, and the related provisions of 40 CFR part 60, subpart Ce, shall be in compliance with all applicable provisions of this section.
7.9.2. No later than November 28, 2000, the owner or operator of an existing HMIWI unit required to install air pollution control equipment shall submit a compliance plan and schedule subject to the approval of the Secretary that meets the following criteria:
7.9.2.a. No later than July 28, 2001, if a facility that plans to install air pollution control equipment other than a dry scrubber followed by a fabric filter, a wet scrubber or dry scrubber followed by a fabric filter and a wet scrubber, the facility shall submit a petition for site specific operating parameters under 40 CFR § 60.56c(i) to the Administrator and the Secretary;
7.9.2.b. The facility shall obtain, no later than July 28, 2001, services of an architectural and engineering firm regarding air pollution device(s);
7.9.2.c. The facility shall order, no later than January 28, 2002, design drawings of an air pollution device(s);
7.9.2.d. The facility shall order, no later than January 28, 2002, air pollution device(s);
7.9.2.e. The facility shall initiate, no later than July 28, 2002, site preparation for installation of the air pollution device(s);
7.9.2.f. The facility shall conduct, no later than April 28, 2002, initial startup of the air pollution device(s);
7.9.2.g. The facility shall conduct, no later than April 28, 2002, initial compliance test(s) of the air pollution device(s); and
7.9.2.h. No later than September 16, 2002, the owner or operator of an existing HMIWI unit shall not allow or cause to be allowed a HMIWI unit to be operated except in compliance with all applicable provisions of this section.
7.9.3. An owner or operator of an existing HMIWI unit who submits in writing to the Secretary a request for an extension to comply beyond the compliance dates under subdivision 7.9.2, shall submit to the Secretary no later than April 28, 2001, the following information:
7.9.3.a. An analysis to support the need for an extension, including an explanation of why a time period up to 3 years after July 28, 2000 is not sufficient time to comply with subdivision 7.9.2;
7.9.3.b. A demonstration of the feasibility to transport the waste offsite to a commercial medical waste treatment and disposal facility on a temporary or permanent basis; and
7.9.3.c. Measurable and enforceable incremental steps of progress to be taken towards compliance with the emission limits contained in Table 45-18A, or Table 45-18C for small rural units, as applicable.
7.9.4. The Secretary will notify the owner or operator of an existing HMIWI, in writing, of his or her decision either to grant or deny the request for extension. The owner or operator shall comply with 1 of the following:
7.9.4.a. If the request for extension is denied, the owner or operator shall submit a compliance plan in accordance with subdivision 7.9.2 no later than 30 days after denial of the request for extension, or July 28, 2001, whichever is later; or
7.9.4.b. If the request for extension is granted, the owner or operator shall submit a compliance plan and schedule commensurate with the granted extension no later than 30 days after the date the request for extension was granted.
7.9.4.c. If an extension is granted by the Secretary, the owner or operator shall comply in an expeditious manner with the 111(d)/129 plan requirements of Part 62, Subpart XX, §§ 62.12150 through 62.12152 on or before the date 3 years after U.S. EPA approval of the West Virginia 111(d)/129 plan (but not later than September 16, 2002), for the emissions guidelines, and on or before the date 3 years after U.S. EPA approval of an amended West Virginia 111(d)/129 plan (but not later than October 6, 2014), for the emissions guidelines.
7.9.5. Except as provided in subdivisions 7.9.6, 7.9.7 and 7.9.8, 1 year after the effective date of U.S. EPA’s approval of the 111(d)/129 state plan revision for HMIWI units, the owner or operator of any existing HMIWI unit subject to the requirements of 40 CFR part 62, subpart XX, and the related provisions of 40 CFR part 60, subpart Ce shall be in compliance with all applicable provisions of this section.
7.9.6. No later than 120 days after the effective date of U.S. EPA’s approval of the 111(d)/129 state plan revision for HMIWI units, the owner or operator of an existing HMIWI unit required to install air pollution control equipment shall submit an expeditious compliance plan and schedule subject to the approval of the Secretary that meets the following criteria:
7.9.6.a. No later than 12 months after the effective date of U.S. EPA’s approval of the 111(d)/129 state plan revision for HMIWI units, a facility that plans to install air pollution control equipment other than a dry scrubber followed by a fabric filter, a wet scrubber or dry scrubber followed by a fabric filter and a wet scrubber shall submit a petition for site specific operating parameters under 40 CFR § 60.56c(i) to the Administrator and the Secretary;
7.9.6.b. The facility shall obtain, no later than 12 months after the effective date of U.S. EPA’s approval of the 111(d)/129 state plan revision for HMIWI units, services of an architectural and engineering firm regarding air pollution device(s);
7.9.6.c. The facility shall order, no later than 18 months after the effective date of U.S. EPA’s approval of the 111(d)/129 state plan revision for HMIWI units, design drawings of an air pollution device(s);
7.9.6.d. The facility shall order, no later than 18 months after the effective date of U.S. EPA’s approval of the 111(d)/129 state plan revision for HMIWI units, air pollution device(s);
7.9.6.e. The facility shall initiate, no later than 18 months after the effective date of U.S. EPA’s approval of the 111(d)/129 state plan revision for HMIWI units, site preparation for installation of the air pollution device(s);
7.9.6.f. The facility shall conduct, no later than 30 months after the effective date of U.S. EPA’s approval of the 111(d)/129 state plan revision for HMIWI units, initial startup of the air pollution device(s);
7.9.6.g. The facility shall conduct, no later than 30 months after the effective date of U.S. EPA’s approval of the 111(d)/129 state plan revision for HMIWI units, initial compliance test(s) of the air pollution device(s); and
7.9.6.h. No later than October 6, 2014, the owner or operator of an existing HMIWI unit shall not allow or cause to be allowed a HMIWI unit to be operated except in compliance with all applicable provisions of this section.
7.9.7. An owner or operator of an existing HMIWI unit who submits in writing to the Secretary a request for an extension to comply beyond the compliance dates under subdivision 7.9.6. shall submit to the Secretary no later than 9 months after the effective date of U.S. EPA’s approval of the 111(d)/129 state plan revision for HMIWI units, the following information:
7.9.7.a. An analysis to support the need for an extension, including an explanation of why a time period up to 3 years after the effective date of U.S. EPA’s approval of the 111(d)/129 state plan revision for HMIWI units is sufficient time to comply with this section, while 1 year after the effective date of U.S. EPA’s approval of the 111(d)/129 state plan revision for HMIWI units is not sufficient;
7.9.7.b. A demonstration of the feasibility to transport the waste offsite to a commercial medical waste treatment and disposal facility on a temporary or permanent basis; and
7.9.7.c. Measurable and enforceable incremental steps of progress to be taken towards compliance with the emission limits contained in Table 45-18B, or Table 45-18D for small rural units, as applicable.
7.9.8. The Secretary will notify the owner or operator of an existing HMIWI, in writing, of his or her decision either to grant or deny the request for extension. The owner or operator shall comply with 1 of the following:
7.9.8.a. If the request for extension is denied, the owner or operator shall submit a compliance plan in accordance with subdivision 7.9.6 no later than 30 days after denial of the request for extension or 1 year after the effective date of U.S. EPA’s approval of the 111(d)/129 state plan revision for HMIWI units, whichever is later; or
7.9.8.b. If the request for extension is granted, the owner or operator shall submit a compliance plan and schedule commensurate with the granted extension no later than 30 days after the date the request for extension has been granted; and
7.9.8.c. On or before October 6, 2014, the owner or operator shall comply with the emissions guidelines for existing HMIWI units under 40 CFR part 62, subpart XX, and the related provisions of 40 CFR part 60, subpart Ce, and not allow or cause to be allowed a HMIWI unit to be operated except in compliance with all applicable provisions of this section.
W. Va. Code R. § 45-18-8 Requirements for new commercial and industrial solid waste incinerators
8.1. Requirements for new CISWI units. -- The owner or operator of a commercial and industrial solid waste incineration unit (CISWI unit) or air curtain incinerator (ACI) 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 or ACI that results in a violation of 40 CFR part 60 subpart CCCC or this rule.
8.2. Applicability. -- The owner or operator of a new incineration unit that meets any of the following criteria is subject to the requirements for new incineration units set forth in section 8:
8.2.1. A CISWI unit or ACI that commenced construction after June 4, 2010; or
8.2.2. A CISWI unit or ACI that commenced reconstruction or modification after August 7, 2013; or
8.2.3. 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
8.2.4. The incineration unit does not meet the exemption criteria under 40 CFR § 60.2020.
8.3. Physical or Operational Changes. -- Physical or operational changes to an incineration unit primarily to comply with the emission guidelines in section 9 of this rule and 40 CFR part 60, subpart DDDD do not qualify as a reconstruction or modification under section 8.
W. Va. Code R. § 45-18-9 Requirements for existing commercial and industrial solid waste incinerators
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.
9.2.1. Incineration units that meet all 3 criteria described in paragraphs 9.2.1.a through 9.2.1.c are subject to the requirements for existing CISWI units under section 9.
9.2.1.a. 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;
9.2.1.b. Incineration units that meet the definition of a CISWI unit or an ACI as defined in section 2 of this rule and
9.2.1.c. Incineration units not exempt under subdivision 9.2.4 below.
9.2.2. Physical or operational changes.
9.2.2.a. If the owner or operator of a CISWI unit or ACI makes changes that meet the definition of modification or reconstruction after August 7, 2013, the CISWI unit or ACI becomes subject to 40 CFR part 60, subpart CCCC under section 8 of this rule, and the requirements for existing CISWI units under section 9 no longer apply to that unit.
9.2.2.b. If the owner or operator of a CISWI unit or ACI makes physical or operational changes to an existing CISWI unit or ACI primarily to comply with the requirements of section 9, the requirements for new CISWI units under section 8 of this rule and 40 CFR part 60, subpart CCCC do not apply to that unit. Such changes do not qualify as modifications or reconstructions under section 8 of this rule and 40 CFR part 60, subpart CCCC.
9.2.3. Reserved.
9.2.4. Exemption. -- The types of units described in paragraphs 9.2.4.a through 9.2.4.j are exempt from the requirements of section 9, but some units are required to provide notifications.
9.2.4.a. Pathological waste incineration units. -- Incineration units burning 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, and/or chemotherapeutic waste are not subject to section 9 if the unit meets the requirements specified in subparagraphs 9.2.4.a.1 and 9.2.4.a.2 below:
9.2.4.a.1. Notify the Secretary that the unit meets these criteria; and
9.2.4.a.2. Keep records on a calendar quarter basis of the weight of pathological waste, low-level radioactive waste, and/or chemotherapeutic waste burned and the weight of all other fuels and wastes burned in the unit.
9.2.4.b. Municipal waste combustion units. -- Incineration units that are subject to subpart Ea of 40 CFR part 60 (Standards of Performance for Municipal Waste Combustors); subpart Eb of 40 CFR part 60 (Standards of Performance for Large Municipal Waste Combustors); subpart Cb of 40 CFR part 60 (Emission Guidelines and Compliance Time for Large Municipal Combustors); subpart AAAA of 40 CFR part 60 (Standards of Performance for Small Municipal Waste Combustion Units); or subpart BBBB of 40 CFR part 60 (Emission Guidelines for Small Municipal Waste Combustion Units).
9.2.4.c. Medical waste incineration units. -- Incineration units regulated under subpart Ec of 40 CFR part 60 (Standards of Performance for Hospital, Medical, and Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996) or subpart Ca of 40 CFR part 60 (Emission Guidelines and Compliance Times for Hospital, Medical, and Infectious Waste Incinerators).
9.2.4.d. Small power production facilities. -- Units that meet the requirements specified in subparagraphs 9.2.4.d.1 through 9.2.4.d.4 below:
9.2.4.d.1. The unit qualifies as a small power-production facility under section 3(17)(C) of the Federal Power Act (16 U.S.C. § 796(17)(C));
9.2.4.d.2. The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity;
9.2.4.d.3. The owner or operator submits documentation to the Administrator and Secretary that the qualifying small power production facility is combusting homogenous waste; and
9.2.4.d.4. The owner or operator maintains the records specified in subdivision 9.11.22 below.
9.2.4.e. Cogeneration facilities. -- Units that meet the requirements specified in subparagraphs 9.2.4.e.1 through 9.2.4.e.4 below:
9.2.4.e.1. The unit qualifies as a cogeneration facility under section 3(18)(B) of the Federal Power Act (16 U.S.C. § 796(18)(B));
9.2.4.e.2. The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity and steam or other forms of energy used for industrial, commercial, heating or cooling purposes;
9.2.4.e.3. The owner or operator submits documentation to the Administrator and Secretary that the qualifying cogeneration facility is combusting homogenous waste; and
9.2.4.e.4. The owner or operator maintains the records specified in subdivision 9.11.23 below.
9.2.4.f. Hazardous waste combustion units. -- Units for which the owner or operator is required to get a permit under section 3005 of the Solid Waste Disposal Act.
9.2.4.g. Materials recovery units. -- Units that combust waste for the primary purpose of recovering metals, such as primary and secondary smelters.
9.2.4.h. Sewage treatment plants. -- Incineration units regulated under subpart O of 40 CFR part 60 (Standards of Performance for Sewage Treatment Plants) and 45CSR16.
9.2.4.i. Sewage sludge incineration units. -- Incineration units combusting sewage sludge for the purpose of reducing the volume of the sewage sludge by removing combustible matter that are subject to subpart LLLL of 40 CFR part 60 (Standards of Performance for Sewage Sludge Incineration Units) or subpart MMMM of 40 CFR part 60 (Emission Guidelines for Sewage Sludge Incineration Units) and 45CSR16.
9.2.4.j. Other solid waste incineration units. -- Incineration units that are subject to subpart EEEE of 40 CFR part 60 (Standards of Performance for Other Solid Waste Incineration Units) or subpart FFFF of 40 CFR part 60 (Emission Guidelines and Compliance Times for Other Solid Waste Incineration Units) and 45CSR16.
9.3. Compliance times and increments of progress.
9.3.1. For CISWI units in the incinerator subcategory and air curtain incinerators that commenced construction on or before November 30, 1999, such CISWI units shall achieve final compliance as expeditiously as practicable after approval of the West Virginia § 111(d)/129 plan but not later than December 1, 2005.
9.3.2. For CISWI units in the incinerator subcategory and air curtain incinerators that commenced construction after November 30, 1999, but on or before June 4, 2010 or that commenced reconstruction or modification on or after June 1, 2001 but no later than August 7, 2013, and for CISWI units in the small remote incinerator, energy recovery unit, and waste-burning kiln subcategories that commenced construction before June 4, 2010, such CISWI units shall achieve final compliance as expeditiously as practicable after approval of the West Virginia § 111(d)/129 plan but not later than February 7, 2018.
9.3.3. Owners and operators of existing CISWI units that have compliance schedules more than 1 year following the effective date of West Virginia’s CAA § 111(d)/129 plan approval are subject to the increments of progress set forth in subdivision 9.3.5.
9.3.4. Reserved.
9.3.5. Increments of progress. -- The owner or operator of an existing CISWI unit that cannot achieve compliance within 1 year after the effective date of West Virginia § 111(d)/129 plan approval shall comply with the increments of progress set forth in Table 45-18E.
9.3.6. Notification of achievement of increments of progress shall include the following 3 items:
9.3.6.a. Notification that the increment of progress has been achieved;
9.3.6.b. Any items required to be submitted with each increment of progress; and
9.3.6.c. Signature of the owner or operator of the CISWI unit.
9.3.7. Notifications for achieving increments of progress shall be dated or postmarked no later than 10 business days after the compliance date for the increment.
9.3.8. If the unit fails to meet an increment of progress, the owner or operator shall submit a notification to the Secretary dated or postmarked within 10 business days after the date for that increment of progress in subdivision 9.3.5. The owner or operator shall inform the Secretary that the unit did not meet the increment and shall continue to submit reports each subsequent calendar month until the unit meets the increment of progress.
9.3.9. For control plan increment of progress, the owner or operator shall satisfy the requirements specified in subdivisions 9.3.9.a and 9.3.9.b below:
9.3.9.a. Submit the final control plan that includes the items described below in subparagraphs 9.3.9.a.1 through 9.3.9.a.5:
9.3.9.a.1. A description of the devices for air pollution control and process changes that the owner or operator will use to comply with the emission limitations and other requirements of section 9;
9.3.9.a.2. The type(s) of waste to be burned;
9.3.9.a.3. The maximum design waste burning capacity;
9.3.9.a.4. The anticipated maximum charge rate; and
9.3.9.a.5. If applicable, the petition for site-specific operating limits under subdivision 9.6.12; and
9.3.9.b. Maintain an onsite copy of the final control plan.
9.3.10. For the final compliance increment of progress, the owner or operator shall complete all process changes and retrofit construction of control devices as specified in the final control plan so that, if the affected CISWI unit is brought online, all necessary process changes and air pollution control devices would operate as designed.
9.3.11. If the owner or operator closes the CISWI unit but will restart it prior to the final compliance date set forth in subdivision 9.3.2, the owner or operator shall meet the increments of progress set forth in subdivision 9.3.5.
9.3.12. If the owner or operator closes the CISWI unit but will restart it after the final compliance date set forth in subdivision 9.3.2, the owner or operator shall complete emission control retrofits and meet the emission limitations and operating limits on the date the unit restarts operation.
9.3.13. If the owner or operator plans to permanently close the CISWI unit rather than comply with section 9, the owner or operator shall submit a closure notification, including the date of closure, to the Secretary by the date the final control plan is due.
9.4. Waste Management Plan. -- A waste management plan is a written plan that identifies both the feasibility and the methods used to reduce or separate certain components of solid waste from the waste stream in order to reduce or eliminate toxic emissions from incinerated waste.
9.4.1. The owner or operator shall submit a waste management plan to the Secretary no later than the date specified in Table 45-18E for submittal of the final control plan.
9.4.2. A waste management plan shall include consideration of the reduction or separation of waste-stream elements such as paper, cardboard, plastics, glass, batteries or metals or the use of recyclable materials. The plan shall identify any additional waste management measures, and the source shall implement those measures considered practical and feasible based on the effectiveness of waste management measures already in place, the costs of additional measures, the emissions reductions expected to be achieved, and any other environmental or energy impacts they might have.
9.5. Operator training and qualification.
9.5.1. No CISWI unit shall be operated unless a fully trained and qualified CISWI unit operator is accessible, either at the facility or within 1 hour of travel time from the facility. The trained and qualified CISWI unit operator may operate the CISWI unit directly or be the direct supervisor of 1 or more other plant personnel who operate the unit. If all qualified CISWI unit operators are temporarily not accessible, the unit shall follow the procedures in subdivision 9.5.11 below.
9.5.2. Operator training and qualification shall be obtained by completing an incinerator operator training course that includes, at a minimum, the elements described below:
9.5.2.a. Training on the following subjects:
9.5.2.a.1. Environmental concerns, including types of emissions;
9.5.2.a.2. Basic combustion principles, including products of combustion;
9.5.2.a.3. Operation of the specific type of incinerator to be used by the operator, including proper startup, waste charging, and shutdown procedures;
9.5.2.a.4. Combustion controls and monitoring;
9.5.2.a.5. Operation of air pollution control equipment and factors affecting performance (if applicable);
9.5.2.a.6. Inspection and maintenance of the incinerator and air pollution control devices;
9.5.2.a.7. Actions to prevent and correct malfunctions or to prevent conditions that may lead to malfunctions;
9.5.2.a.8. Bottom and fly ash characteristics and handling procedures;
9.5.2.a.9. Applicable federal, state, and local regulations, including Occupational Safety and Health Administration workplace standards;
9.5.2.a.10. Pollution prevention; and
9.5.2.a.11. Waste management practices.
9.5.2.b. An examination designed and administered by the instructor of the incinerator operator training course; and
9.5.2.c. Written material covering the training course topics that can serve as reference material following completion of the course.
9.5.3. The operator training course shall be completed by the later of the following 3 dates:
9.5.3.a. The final compliance date set forth in subdivision 9.3.5;
9.5.3.b. 6 months after CISWI unit startup; or
9.5.3.c. The date before an employee assumes responsibility for operating the CISWI or assumes responsibility for supervising the operation of the CISWI.
9.5.4. The owner or operator shall obtain operator qualification by completing a training course that satisfies the criteria under subdivision 9.5.2.
9.5.5. Qualification is valid from the date on which the training course was completed and the operator successfully passes the examination required under paragraph 9.5.2.b.
9.5.6. To maintain qualification, the owner or operator shall complete an annual review or refresher course covering, at a minimum, the topics described below:
9.5.6.a. Update of regulations;
9.5.6.b. Incinerator operation, including startup and shutdown procedures, waste charging, and ash handling;
9.5.6.c. Inspection and maintenance;
9.5.6.d. Prevention and correction of malfunctions or conditions that may lead to malfunction; and
9.5.6.e. Discussion of operating problems encountered by attendees.
9.5.7. The owner or operator shall renew a lapsed operator qualification by 1 of the methods specified below:
9.5.7.a. For a lapse of less than 3 years, the owner or operator shall complete a standard annual refresher course described in subdivision 9.5.6; or
9.5.7.b. For a lapse of 3 years or more, the owner or operator shall repeat the initial qualification requirements set forth in subdivision 9.5.4.
9.5.8. Documentation shall be available at the facility and readily accessible for all CISWI unit operators that addresses the topics described in paragraphs 9.5.8.a through 9.5.8.j below. The owner or operator shall maintain this information and the training records required by subdivision 9.5.10 in a manner that they can be readily accessed and are suitable for inspection upon request.
9.5.8.a. Summary of the applicable standards under section 9;
9.5.8.b. Procedures for receiving, handling, and charging waste;
9.5.8.c. Incinerator startup, shutdown, and malfunction procedures;
9.5.8.d. Procedures for maintaining proper combustion air supply levels;
9.5.8.e. Procedures for operating the incinerator and associated air pollution control systems within the standards established under section 9;
9.5.8.f. Monitoring procedures for demonstrating compliance with the incinerator operating limits;
9.5.8.g. Reporting and recordkeeping procedures;
9.5.8.h. The waste management plan required under subsection 9.4;
9.5.8.i. Procedures for handling ash; and
9.5.8.j. A list of the wastes burned during the performance test.
9.5.9. The owner or operator shall establish a program for reviewing the information listed in subdivision 9.5.8 with each incinerator operator.
9.5.9.a. The initial review of the information listed in subdivision 9.5.8 shall be conducted by the later of the 3 dates specified below:
9.5.9.a.1. The final compliance date (increment 2) set forth in subdivision 9.3.5;
9.5.9.a.2. 6 months after CISWI unit startup; or
9.5.9.a.3. 6 months after being assigned to operate the CISWI unit.
9.5.9.b. The owner or operator shall conduct subsequent annual reviews of the information listed in subdivision 9.5.8 no later than 12 months following the previous review.
9.5.10. The owner or operator shall also maintain the information specified below:
9.5.10.a. Records showing the names of CISWI unit operators who have completed review of the information in subdivision 9.5.8 as required by subdivision 9.5.9, including the date of the initial review and all subsequent annual reviews;
9.5.10.b. Records showing the names of the CISWI operators who have completed the operator training requirements under subsection 9.5, met the criteria for qualification under subdivision 9.5.4, and maintained or renewed their qualification under subdivision 9.5.6 or subdivision 9.5.7. Records shall include documentation of training, the dates of the initial refresher training, the dates of their qualifications, and all subsequent renewals of such qualifications; and
9.5.10.c. For each qualified operator, the phone and/or cell phone number at which they can be reached during operating hours.
9.5.11. If all qualified operators are temporarily not accessible (i.e., not at the facility and not able to be at the facility within 1 hour), the owner or operator shall either, depending on the length of time that a qualified operator is not accessible:
9.5.11.a. When all qualified operators are not accessible for more than 8 hours, but less than 2 weeks, the CISWI unit may be operated by other plant personnel familiar with the operation of the CISWI unit who have completed a review of the information specified in subdivision 9.5.8 within the past 12 months; however, the owner or operator shall record the period when all qualified operators were not accessible and include this deviation in the annual report as specified under subdivision 9.12.5; or
9.5.11.b. When all qualified operators are not accessible for 2 weeks or more, the owner or operator shall take both actions that are described below:
9.5.11.b.1. Notify the Secretary in writing within 10 days of this deviation. In the notice, state what caused this deviation, what the owner or operator is doing to ensure that a qualified operator is accessible, and when the owner or operator anticipates that a qualified operator will be accessible; and
9.5.11.b.2. Submit a status report to the Administrator and Secretary every 4 weeks outlining what the owner or operator is doing to ensure that a qualified operator is accessible, stating when the owner or operator anticipates that a qualified operator will be accessible and requesting approval from the Administrator and Secretary to continue operation of the CISWI unit. The owner or operator shall submit the first status report 4 weeks after notification to the Administrator and the Secretary of the deviation under subparagraph 9.5.11.b.1. If the Administrator and Secretary notifies the owner or operator that the request to continue operation of the CISWI unit is disapproved, the CISWI unit may continue operation for 90 days, then shall cease operation. Operation of the unit may resume if the owner or operator meets the following requirements:
9.5.11.b.2.A. A qualified operator is accessible as required under subdivision 9.5.1; and
9.5.11.b.2.B. The owner or operator notifies the Administrator and Secretary that a qualified operator is accessible and that operations are resuming.
9.6. Emission limitations and operating limits.
9.6.1. The owner or operator shall meet the emission limitations for each CISWI unit, including bypass stack or vent, specified in Table 45-18F or Tables 45-18J through 45-18M, by the final compliance date set forth in subdivision 9.3.2. The emission limitations apply at all times the unit is operating including and not limited to startup, shutdown or malfunction.
9.6.2. Units that do not use wet scrubbers shall maintain opacity to less than or equal to the percent opacity (3 1-hour blocks consisting of 10 6-minute average opacity values) specified in Table 45-18F as applicable.
9.6.3. If the owner or operator uses a wet scrubber(s) to comply with the emission limitations, the owner or operator shall establish operating limits for up to 4 operating parameters (as specified in Table 45-18G) as described in paragraphs 9.6.3.a through 9.6.3.d during the initial performance test:
9.6.3.a. Maximum charge rate, calculated using 1 of the 2 procedures below, as appropriate:
9.6.3.a.1. For continuous and intermittent units, maximum charge rate is 110% of the average charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limitations; or
9.6.3.a.2. For batch units, maximum charge rate is 110% of the daily charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limitations.
9.6.3.b. Minimum pressure drop across the wet particulate matter scrubber, which is calculated as the lowest 1-hour average pressure drop across the wet scrubber measured during the most recent performance test demonstrating compliance with the particulate matter emission limitations; or minimum amperage to the wet scrubber, which is calculated as the lowest 1-hour average amperage to the wet scrubber measured during the most recent performance test demonstrating compliance with the particulate matter emission limitations;
9.6.3.c. Minimum scrubber liquid flow rate, which is calculated as the lowest 1-hour average liquid flow rate at the inlet to the wet acid gas or particulate matter scrubber measured during the most recent performance test demonstrating compliance with all applicable emission limitations; and/or
9.6.3.d. Minimum scrubber liquor pH, which is calculated as the lowest 1-hour average liquor pH at the inlet to the wet acid gas scrubber measured during the most recent performance test demonstrating compliance with the hydrogen chloride (HCl) emission limitation.
9.6.4. The owner or operator shall meet the operating limits established on the date the performance test is submitted to the EPA's Central Data Exchange or postmarked in accordance with paragraph 9.12.10.b of this rule.
9.6.5. If the owner or operator uses a fabric filter to comply with the emission limitations and does not use a particulate matter (PM) continuous parameter monitoring system (CPMS) for monitoring PM compliance, the owner or operator shall operate each fabric filter system such that the bag leak detection system alarm does not sound more than 5 percent of the operating time during a 6-month period. In calculating this operating time percentage, if inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted. If corrective action is required, each alarm shall be counted as a minimum of 1 hour. If the owner or operator takes longer than 1 hour to initiate corrective action, the alarm time shall be counted as the actual amount of time taken to initiate corrective action.
9.6.6. If the owner or operator uses an electrostatic precipitator to comply with the emission limitations and does not use a PM CPMS for monitoring PM compliance, the owner or operator shall measure the (secondary) voltage and amperage of the electrostatic precipitator collection plates during the particulate matter performance test. Calculate the average electric power value (secondary voltage × secondary current = secondary electric power) for each test run. The operating limit for the electrostatic precipitator is calculated as the lowest 1-hour average secondary electric power measured during the most recent performance test demonstrating compliance with the particulate matter emission limitations.
9.6.7. If the owner or operator uses activated carbon sorbent injection to comply with the emission limitations, the owner or operator shall measure the sorbent flow rate during the performance testing. The operating limit for the carbon sorbent injection is calculated as the lowest 1-hour average sorbent flow rate measured during the most recent performance test demonstrating compliance with the mercury emission limitations. For energy recovery units, when the unit operates at lower loads, multiply the sorbent injection rate by the load fraction, as defined in 40 CFR § 60.2875, to determine the required injection rate (e.g., for 50% load, multiply the injection rate operating limit by 0.5).
9.6.8. If the owner or operator uses selective noncatalytic reduction to comply with the emission limitations, the owner or operator shall measure the charge rate, the secondary chamber temperature (if applicable to the CISWI unit), and the reagent flow rate during the nitrogen oxides performance testing. The operating limits for the selective noncatalytic reduction are calculated as the highest 1-hour average charge rate, lowest secondary chamber temperature, and lowest reagent flow rate measured during the most recent performance test demonstrating compliance with the nitrogen oxides emission limitations.
9.6.9. If the owner or operator uses a dry scrubber to comply with the emission limitations, the owner or operator shall measure the injection rate of each sorbent during the performance testing. The operating limit for the injection rate of each sorbent is calculated as the lowest 1-hour average injection rate of each sorbent measured during the most recent performance test demonstrating compliance with the hydrogen chloride emission limitations. For energy recovery units, when the unit operates at lower loads, multiply the sorbent injection rate by the load fraction, as defined in 40 CFR § 60.2875, to determine the required injection rate (e.g., for 50% load, multiply the injection rate operating limit by 0.5).
9.6.10. If the owner or operator does not use a wet scrubber, electrostatic precipitator, or fabric filter to comply with the emission limitations, and if the owner or operator does not determine compliance with particulate matter emission limitation with a particulate matter CEMS, the unit shall maintain opacity to less than or equal to 10% opacity (1-hour block average).
9.6.11. If the owner or operator uses a PM CPMS to demonstrate compliance, the owner or operator shall establish a PM CPMS operating limit and determine compliance with it according to paragraphs 9.6.11.a through 9.6.11.e below:
9.6.11.a. During the initial performance test or any such subsequent performance test that demonstrates compliance with the PM limit, record all hourly average output values (milliamps, or the digital signal equivalent) from the PM CPMS for the periods corresponding to the test runs (e.g., 3 1-hour average PM CPMS output values for 3 1-hour test runs).
9.6.11.a.1. The PM CPMS shall provide a 4-20 milliamp output, or digital signal equivalent, and the establishment of its relationship to manual reference method measurements shall be determined in units of milliamps or digital bits.
9.6.11.a.2. The PM CPMS operating range shall be capable of reading PM concentrations from zero to a level equivalent to at least 2 times the allowable emission limit. If the PM CPMS is an auto-ranging instrument capable of multiple scales, the primary range of the instrument shall be capable of reading PM concentration from zero to a level equivalent to 2 times the allowable emission limit.
9.6.11.a.3. During the initial performance test or any subsequent performance test that demonstrates compliance with the PM limit, record and average all milliamp output values, or their digital equivalent, from the PM CPMS for the periods corresponding to the compliance test runs (e.g., average all PM CPMS output values for 3 corresponding Method 5 or Method 29 test runs).
9.6.11.b. If the average of the 3 PM performance test runs are below 75% of the facility’s PM emission limit, the owner or operator shall calculate an operating limit by establishing a relationship of PM CPMS signal to PM concentration using the PM CPMS instrument zero, the average PM CPMS output values corresponding to the 3 compliance test runs, and the average PM concentration from the Method 5 or Method 29 performance test with the procedures in paragraphs 9.6.11.a through 9.6.11.e.
9.6.11.b.1. Determine the facility’s instrument zero output with 1 of the following procedures:
9.6.11.b.1.A. Zero point data for in-situ instruments should be obtained by removing the instrument from the stack and monitoring ambient air on a test bench.
9.6.11.b.1.B. Zero point data for extractive instruments should be obtained by removing the extractive probe from the stack and drawing in clean ambient air.
9.6.11.b.1.C. The zero point can also be established by performing manual reference method measurements when the flue gas is free of PM emissions or contains very low PM concentrations (e.g., when the process is not operating, but the fans are operating or the source is combusting only natural gas) and plotting these with the compliance data to find the zero intercept.
9.6.11.b.1.D. If none of the steps in parts 9.6.11.b.1.A through 9.6.11.b.1.C are possible, the owner or operator shall use a zero output value provided by the manufacturer.
9.6.11.b.2. The owner or operator shall determine its PM CPMS instrument average in milliamps, or the digital equivalent, and the average of the corresponding 3 PM compliance test runs, using Equation 1:
X1 = the PM CPMS data points for the 3 runs constituting the performance test, Y1 = the PM concentration value for the 3 runs constituting the performance test, and n = the number of data points.
9.6.11.b.3. With the instrument zero expressed in milliamps, or the digital equivalent, the 3-run average PM CPMS milliamp value, or its digital equivalent, and the 3-run average PM concentration from 3 compliance tests, determine a relationship of mg/dscm per milliamp or digital signal equivalent, with Equation 2.
R = the relative mg/dscm per milliamp, or the digital equivalent, for the PM CPMS, Y1 = the 3-run average mg/dscm PM concentration, X1 = the 3-run average milliamp output or digital equivalent, from the PM CPMS, and z = the milliamp equivalent or digital signal equivalent of the instrument zero determined from subparagraph 9.6.11.b.1.
9.6.11.b.4. Determine the source specific 30-day rolling average operating limit using the mg/dscm per milliamp value, or per digital signal equivalent, from Equation 2 in Equation 3, below. This sets the operating limit at the PM CPMS output value corresponding to 75% of the emission limit.
Ol = the operating limit for the PM CPMS on a 30-day rolling average, in milliamps or their digital signal equivalent.
L = the source emission limit expressed in mg/dscm, z = the instrument zero in milliamps or digital equivalent, determined from subparagraph 9.6.11.b.1, and R = the relative mg/dscm per milliamp, or per digital signal output equivalent, for the PM CPMS, from Equation 2.
9.6.11.c. If the average of the 3 PM compliance test runs is at or above 75% of the PM emission limit, the owner or operator shall determine the operating limit by averaging the PM CPMS milliamp or digital signal output corresponding to the 3 PM performance test runs that demonstrate compliance with the emission limit using Equation 4, and the owner or operator shall submit all compliance test and PM CPMS data according to the reporting requirements in paragraph 9.6.11.e.
X1 = the PM CPMS data points for all runs i, n = the number of data points, and Oh = the site-specific operating limit, in milliamps or digital signal equivalent.
9.6.11.d. To determine continuous compliance, the owner or operator shall record the PM CPMS output data for all periods when the process is operating and the PM CPMS is not out-of-control. The owner or operator shall demonstrate continuous compliance by using all quality-assured hourly average data collected by the PM CPMS for all operating hours to calculate the arithmetic average operating parameter in units of the operating limit (e.g., milliamps or digital signal bits, PM concentration, raw data signal) on a 30-day rolling average basis.
9.6.11.e. For PM performance test reports used to set a PM CPMS operating limit, the electronic submission of the test report shall also include the make and model of the PM CPMS instrument, serial number of the instrument, analytical principle of the instrument (e.g., beta attenuation), span of the instrument’s primary analytical range, milliamp or digital signal value equivalent to the instrument zero output, technique by which this zero value was determined, and the average milliamp or digital signals corresponding to each PM compliance test run.
9.6.12. If the owner or operator uses an air pollution control device other than a wet scrubber, activated carbon injection, selective noncatalytic reduction, fabric filter, an electrostatic precipitator or a dry scrubber or limit emissions in some other manner, including mass balances, to comply with the emission limitations under subdivisions 9.6.1 and 9.6.2, the owner or operator shall petition the Administrator for specific operating limits to be established during the initial performance test and continuously monitored thereafter. The owner or operator shall submit the petition at least 60 days before the performance test is scheduled to begin. The owner’s or operator’s petition shall include the following 5 items:
9.6.12.a. Identification of the specific parameters the owner or operator proposes to use as additional operating limits;
9.6.12.b. A discussion of the relationship between these parameters and emissions of regulated pollutants, identifying how emissions of regulated pollutants change with changes in these parameters and how limits on these parameters will serve to limit emissions of regulated pollutants;
9.6.12.c. A discussion of how the owner or operator will establish the upper and/or lower values for these parameters which will establish the operating limits on these parameters;
9.6.12.d. A discussion identifying the methods the owner or operator will use to measure and the instruments the owner or operator will use to monitor these parameters, as well as the relative accuracy and precision of these methods and instruments; and
9.6.12.e. A discussion identifying the frequency and methods for recalibrating the instruments the owner or operator will use for monitoring these parameters.
9.7. Performance testing.
9.7.1. All performance tests shall consist of a minimum of 3 test runs conducted under conditions representative of normal operations.
9.7.2. The owner or operator shall document that the waste burned during the performance test is representative of the waste burned under normal operating conditions by maintaining a log of the quantity of waste burned (as required in paragraph 9.11.2.a) and the types of waste burned during the performance test.
9.7.3. The owner or operator shall conduct all performance tests using the minimum run duration specified in Table 45-18F and Tables 45-18J through 45-18M.
9.7.4. The owner or operator shall use Method 1 of 40CFR60, appendix A to select the sampling location and number of traverse points.
9.7.5. The owner or operator shall use Method 3A or 3B of 40CFR60, appendix A for gas composition analysis, including measurement of oxygen concentration. The owner or operator shall use Method 3A or 3B of appendix A simultaneously with each method (except when using Method 9 and Method 22).
9.7.6. All pollutant concentrations, except for opacity, shall be adjusted to 7% oxygen using Equation 5:
Cadj = pollutant concentration adjusted to 7% oxygen;
Cmeas = pollutant concentration measured on a dry basis;
(20.9 - 7) = 20.9% oxygen – 7% oxygen (defined oxygen correction basis); 20.9 = oxygen concentration in air, percent; and %O2 = oxygen concentration measured on a dry basis, percent.
9.7.7. The owner or operator shall determine dioxins/furans toxic equivalency by following the procedures in paragraphs 9.7.7.a through 9.7.7.d below:
9.7.7.a. Measure the concentration of each dioxin/furan tetra- through octa-isomer emitted using EPA Method 23 at 40CFR60, appendix A and 45CSR16.
9.7.7.b. Quantify isomers meeting identification criteria in section 11.4.3.4 of Method 23, regardless of whether the isomers meet identification section 11.4.3.4.1 of Method 23. The owner or operator shall quantify the isomers per section 11.4.3.5 of Method 23 (Note: The owner or operator may reanalyze the sample aliquot or split to reduce the number of isomers to meet the identification criteria in section 11.4.3.4 of Method 23).
9.7.7.c. For each dioxin/furan (tetra through octa-chlorinated) isomer measured in accordance with paragraphs 9.7.7.a and 9.7.7.b, multiply the isomer concentration by its corresponding toxic equivalency factor specified in Table 45-18H.
9.7.7.d. Sum the products calculated in accordance with paragraph 9.7.7.c to obtain the total concentration of dioxins/furans emitted in terms of toxic equivalency.
9.7.8. The owner or operator shall use Method 22 at 40CFR60, appendix A-7 and 45CSR16 to determine compliance with the fugitive ash emission limit in Table 45-18F or Tables 45-18J through 45-18M.
9.7.9. If the facility has an applicable opacity operating limit, the owner or operator shall determine compliance with the opacity limit using Method 9 at 40CFR60, appendix A-4 and 45CSR16, based on 3 1-hour blocks consisting of 10 6-minute average opacity values, unless the owner or operator is required to install a continuous opacity monitoring system, consistent with subdivisions 9.9.1 through 9.9.25 and subdivisions 9.10.1 through 9.10.20 of this rule.
9.7.10. The owner or operator shall determine dioxins/furans total mass basis by following the procedures in paragraphs 9.7.10.a through 9.7.10.c below:
9.7.10.a. Measure the concentration of each dioxin/furan tetra- through octa-chlorinated isomer emitted using EPA Method 23 at 40CFR60, appendix A-7 and 45CSR16.
9.7.10.b. Quantify isomers meeting identification criteria in section 11.4.3.4 of Method 23, regardless of whether the isomers meet identification section 11.4.3.4.1 of Method 23. The owner or operator shall quantify the isomers per section 11.4.3.5 of Method 23 (Note: The owner or operator may reanalyze the sample aliquot or split to reduce the number of isomers to meet the identification criteria in section 11.4.3.4 of Method 23).
9.7.10.c. Sum the quantities measured in accordance with paragraphs 9.7.10.a and 9.7.10.b to obtain the total concentration of dioxins/furans emitted in terms of total mass basis.
9.7.11. The owner or operator shall use results of performance tests to demonstrate compliance with the emission limitations in Table 45-18F or Tables 45-18J through 45-18M.
9.8. Initial compliance requirements.
9.8.1. The owner or operator shall conduct a performance test, as required under subsection 9.7 and subdivisions 9.6.1 and 9.6.2, to determine compliance with the emission limitations in Table 45-18F and Tables 45-18J through 45-18M, to establish compliance with any opacity operating limits in subdivisions 9.6.1 through paragraph 9.6.11.e, to establish the kiln-specific emission limit in subdivision 9.9.25, as applicable, and to establish operating limits using the procedures in subdivision 9.6.3 through paragraph 9.6.11.e or subdivision 9.6.12. The owner or operator shall conduct the performance test using the test methods listed in Table 45-18F and Tables 45-18J through 45-18M and the procedures in subsection 9.7. The use of the bypass stack during a performance test shall invalidate the performance test.
9.8.2. As an alternative to conducting a performance test as required under subsection 9.7 and subdivisions 9.6.1 and 9.6.2, the owner or operator may use a 30-day rolling average of the 1-hour arithmetic average CEMS data, including CEMS data during startup and shutdown, as defined in § 45-18-2, to determine compliance with the emission limitations in Table 45-18E or Tables 45-18I through 45-18L. The owner or operator shall conduct:
9.8.2.a. a performance evaluation of each continuous monitoring system within 180 days of installation of the monitoring system; and
9.8.2.b. the initial performance evaluation prior to collecting CEMS data that will be used for the initial compliance demonstration.
9.8.3. The owner or operator shall conduct the initial performance test no later than 180 days after the final compliance date set forth in Table 45-18E.
9.8.4. If the owner or operator commences or recommences combusting a solid waste at an existing combustion unit at any commercial or industrial facility and conducted a test consistent with the provisions of section 9 while combusting the given solid waste within the 6 months preceding the reintroduction of that solid waste in the combustion chamber, the owner or operator does not need to retest until 6 months from the date of reintroduction of that solid waste.
9.8.5. If the owner or operator commences combusting or recommences combusting a solid waste at an existing combustion unit at any commercial or industrial facility and the owner or operator has not conducted a performance test consistent with the provisions of § 45-18-9 while combusting the given solid waste within the 6 months preceding the reintroduction of that solid waste in the combustion chamber, the owner or operator shall conduct a performance test within 60 days commencing or recommencing solid waste combustion.
9.8.6. The owner or operator shall conduct the initial air pollution control device inspection within 60 days after installation of the control device and the associated CISWI unit reaches the charge rate at which it will operate, but no later than 180 days after the final compliance date for meeting the amended emission limitations.
9.8.7. Within 10 operating days following an air pollution control device inspection, the owner or operator shall complete all necessary repairs, unless the owner or operator obtains written approval from the Secretary establishing a date whereby all necessary repairs of the designated facility shall be completed.
9.9. Continuous compliance requirements.
9.9.1. General compliance with standards, considering some units may be able to switch between solid waste and non-waste fuel combustion, is specified in paragraphs 9.9.1.a through 9.9.1.f below:
9.9.1.a. The emission standards and operating requirements set forth in section 9 apply at all times.
9.9.1.b. If the facility ceases combusting solid waste, the owner or operator may opt to remain subject to the provisions of section 9. Consistent with the definition of CISWI unit, the owner or operator is subject to the requirements of section 9 at least 6 months following the last date of solid waste combustion. Solid waste combustion is ceased when solid waste is not in the combustion chamber (i.e., the solid waste feed to the combustor has been cut off for a period of time not less than the solid waste residence time).
9.9.1.c. If the facility ceases combusting solid waste, the owner or operator shall comply with any newly applicable standards on the effective date of the waste-to-fuel switch. The effective date of the waste-to-fuel switch is a date selected by the owner or operator, which shall be at least 6 months from the date that the facility ceased combusting solid waste, consistent with paragraph 9.9.1.b. The source shall remain in compliance with section 9 until the effective date of the waste-to-fuel switch.
9.9.1.d. If the owner or operator owns or operates an existing commercial or industrial combustion unit that combusted a fuel or non-waste material, and the owner or operator commences or recommences combustion of solid waste, the owner or operator is subject to the provisions of section 9 as of the first day of introduction or reintroduction of solid waste to the combustion chamber, and this date constitutes the effective date of the fuel-to-waste switch. The owner or operator shall complete all initial compliance demonstrations for any § 112 CAA standards that are applicable to the facility before commencement or recommencement of combustion of solid waste. The owner or operator shall provide 30 days prior notice to the Secretary of the effective date of the waste-to-fuel switch. The notification shall identify:
9.9.1.d.1. The name of the owner or operator of the CISWI unit, the location of the source, the emissions unit(s) that will cease burning solid waste, and the date of the notice;
9.9.1.d.2. The currently applicable subcategory under section 9 and any 40 CFR part 63 subpart and subcategory that will be applicable after the owner or operator ceases combusting solid waste;
9.9.1.d.3. The fuel(s), non-waste material(s), and solid waste(s) the CISWI unit is currently combusting and has combusted over the past 6 months and the fuel(s) or non-waste materials the unit will commence combusting;
9.9.1.d.4. The date on which the owner or operator became subject to the currently applicable emission limits;
9.9.1.d.5. The date upon which the owner or operator will cease combusting solid waste and the date (if different) that the owner or operator intends for any new requirements to become applicable (i.e., the effective date of the waste-to-fuel switch), consistent with paragraphs 9.9.1.b and 9.9.1.c.
9.9.1.e. The owner or operator shall install all air pollution control equipment necessary for compliance with any newly applicable emissions limits which apply as a result of the cessation or commencement or recommencement of combusting solid waste, and the same shall be operational as of the effective date of the waste-to-fuel or fuel-to-waste switch.
9.9.1.f. The owner or operator shall install all monitoring systems necessary for compliance with any newly applicable monitoring requirements which apply as a result of the cessation or commencement or recommencement of combusting solid waste, and the same shall be operational as of the effective date of the waste-to-fuel or fuel-to-waste switch. The owner or operator shall perform all calibration and drift checks as of the effective date of the waste-to-fuel or fuel-to-waste switch. The owner or operator shall perform relative accuracy tests as of the performance test deadline for PM CEMS (if PM CEMS are elected to demonstrate continuous compliance with the particulate matter emission limits). The owner or operator need not repeat relative accuracy testing for other CEMS if the owner or operator previously performed that testing consistent with § 112 CAA monitoring requirements or monitoring requirements under section 9.
9.9.2. The owner or operator shall conduct an annual performance test for the pollutants listed in Table 45-18F or Tables 45-18J through 45-18M and opacity for each CISWI unit as required under subsection 9.7. The owner or operator shall conduct the annual performance test using the test methods listed in Table 45-18F or Tables 45-18J through 45-18M and the procedures in subsection 9.7. The owner or operator shall measure opacity using EPA Reference Method 9 at 40CFR60. If the owner or operator uses CEMS or continuous opacity monitoring systems to determine compliance, the owner or operator is not required to perform annual performance tests.
9.9.3. The owner or operator shall continuously monitor the operating parameters specified in subdivision 9.6.3 through paragraph 9.6.11.e or established under subdivision 9.6.12 and as specified in subdivision 9.10.19. Operation above the established maximum or below the established minimum operating limits constitutes a deviation from the established operating limits. 3-hour block average values are used to determine compliance (except for baghouse leak detection system alarms) unless a different averaging period is established under subdivision 9.6.12 or, for energy recovery units, where the averaging time for each operating parameter is a 30-day rolling average, calculated each hour as the average of the previous 720 operating hours. Operation above the established maximum, below the established minimum, or outside the allowable range of the operating limits specified in subdivision 9.9.1 constitutes a deviation from operating limits, except during performance tests conducted to determine compliance with the emission and operating limits or to establish new operating limits. Operating limits are confirmed or reestablished during performance tests.
9.9.4. The owner or operator shall burn only the same types of waste and fuels used to establish subcategory applicability (for energy recovery units (ERUs)) and operating limits during the performance test.
9.9.5. For energy recovery units, incinerators, and small remote units, the owner or operator shall perform annual visual emissions test for ash handling.
9.9.6. For energy recovery units, the owner or operator shall conduct an annual performance test for opacity using EPA Reference Method 9 at 40CFR60 and 45CSR16 (except where particulate matter CMS or CPMS are used) and the pollutants listed in Table 45-18K.
9.9.7. For facilities using a CEMS to demonstrate compliance with the carbon monoxide emission limit, the owner or operator may demonstrate compliance with the carbon monoxide emission limit by using the CEMS in accordance with subdivision 9.10.15.
9.9.8. Coal and liquid/gas energy recovery units with annual average heat input rates greater than 250 MMBtu/hr may elect to demonstrate continuous compliance with the particulate matter emissions limit using a particulate matter CEMS according to the procedures in subdivision 9.10.14 instead of the CPMS specified in subdivision 9.9.9. Coal and liquid/gas energy recovery units with annual average heat input rates less than 250 MMBtu/hr, incinerators, and small remote incinerators may also elect to demonstrate compliance using a particulate matter CEMS according to the procedures in subdivision 9.10.14 instead of particulate matter testing with EPA Method 5 at 40CFR60, appendix A-3 and 45CSR16 and, if applicable, the continuous opacity monitoring requirements in subdivision 9.9.9.
9.9.9. For energy recovery units with annual average heat input rates greater than or equal to 10 MMBtu/hr but less than 250 MMBtu/hr that do not use a wet scrubber, fabric filter with bag leak detection system, an electrostatic precipitator, particulate matter CEMS, or particulate matter CPMS the owner or operator shall install, operate, certify, and maintain a continuous opacity monitoring system (COMS) according to the procedures in subdivision 9.10.13.
9.9.10. For waste-burning kilns, the owner or operator shall conduct an annual performance test for the pollutants (except mercury, and hydrogen chloride if no acid gas wet scrubber or dry scrubber is used) listed in Table 45-18L, unless the owner or operator chooses to demonstrate initial and continuous compliance using CEMS, as allowed in subdivision 9.9.21. If an acid gas wet scrubber or dry scrubber is not used, the owner or operator shall determine compliance with the hydrogen chloride emissions limit using a HCI CEMS according to the requirements in paragraph 9.9.10.a. To determine compliance with the mercury emissions limit, the owner or operator shall use a mercury CEMS or an integrated sorbent trap monitoring system according to paragraph 9.9.10.b. To determine continuing compliance with particulate matter, the owner or operator shall use a CPMS according to subdivision 9.9.24.
9.9.10.a. If the owner or operator monitors compliance with the hydrogen chloride (HCl) emissions limit by operating an HCl CEMS, the owner or operator shall do so in accordance with performance specification 15 (PS 15) of appendix B to 40CFR60, or PS 18 of appendix B to 40 CFR part 60. The owner or operator shall operate, maintain, and quality assure a HCl CEMS installed and certified under PS 15 according to the quality assurance requirements in Procedure 1 of appendix F to 40CFR60, except that the owner or operator shall replace the relative accuracy test audit requirements of Procedure 1 with the validation requirements and criteria of Sections 11.1.1 and 12.0 of PS 15. The owner or operator shall operate, maintain, and quality assure a HCl CEMS installed and certified under PS 18 according to the quality assurance requirements in Procedure 6 of appendix F to 40CFR60. For any performance specification used, the owner or operator shall use Method 321 of appendix A to 40CFR63 as the reference test method for conducting relative accuracy testing. The span value and calibration requirements in subparagraphs 9.9.10.a.1 and 9.9.10.a.2 apply to all HCl CEMS used under section 9:
9.9.10.a.1. The owner or operator shall use a measurement span value for any HCl CEMS of 0–10 ppmvw unless the monitor is installed on a kiln without an inline raw mill. For kilns without an inline raw mill, the owner or operator may use a higher span value sufficient to quantify all expected emissions concentrations. The HCl CEMS data recorder output range shall include the full range of expected HCl concentration values, which would include those expected during “mill off” conditions. The owner or operator shall document corresponding data recorder range in the site-specific monitoring plan and associated records;
9.9.10.a.2. In order to quality assure data measured above the span value, the owner or operator shall use 1 of the 3 options in parts 9.9.10.a.2.A through 9.9.10.a.2.C below:
9.9.10.a.2.A. Include a second span that encompasses the HCl emission concentrations expected to be encountered during “mill off” conditions. This second span may be rounded to a multiple of 5 ppm of total HCl. The owner or operator shall follow requirements of the appropriate HCl monitor performance specification for this second span, except that a RATA with the mill off is not required;
9.9.10.a.2.B. Quality assure any data above the span value by proving instrument linearity beyond the span value established in subparagraph 9.9.10.a.1 using the following procedure: conduct a weekly “above span linearity” calibration challenge of the monitoring system using a reference gas with a certified value greater than the highest expected hourly concentration or greater than 75% of the highest measured hourly concentration. The “above span” reference gas shall meet the requirements of the applicable performance specification and shall be introduced to the measurement system at the probe. The owner or operator shall record and report the results of this procedure as it would for a daily calibration. The “above span linearity” challenge is successful if the value measured by the HCl CEMS falls within 10% of the certified value of the reference gas. If the value measured by the HCl CEMS during the above span linearity challenge exceeds 10% of the certified value of the reference gas, the owner or operator shall evaluate and repair the monitoring system and meet a new “above span linearity” challenge before returning the HCl CEMS to service, or data above span from the HCl CEMS shall be subject to the quality assurance procedures established in 9.9.10.a.2.D. In this manner, the owner or operator shall normalize values measured by the HCl CEMS in this manner during the above span linearity challenge exceeding plus or minus 20% of the certified value of the reference gas using Equation 6;
9.9.10.a.2.C. Quality assure any data above the span value established in subparagraph 9.9.10.a.1 using the following procedure: any time 2 consecutive 1-hour average measured concentration of HCl exceeds the span value the owner or operator shall, within 24 hours before or after, introduce a higher, “above span” HCl reference gas standard to the HCl CEMS. The “above span” reference gas shall meet the requirements of the applicable performance specification and target a concentration level between 50% and 150% of the highest expected hourly concentration measured during the period of measurements above span and shall be introduced at the probe. While this target represents a desired concentration range that is not always achievable in practice, the owner or operator shall demonstrate its intent to meet this range by the value of the reference gas. Expected values may include above span calibrations done before or after the above-span measurement period. The owner or operator shall record and report the results of this procedure as it would for a daily calibration. The “above span” calibration is successful if the value measured by the HCl CEMS is within 20% of the certified value of the reference gas. If the value measured by the HCl CEMS is not within 20% of the certified value of the reference gas, then the owner or operator shall normalize the stack gas values measured above span as described in part 9.9.10.a.2.D. If the “above span” calibration is conducted during the period when measured emissions are above span and the owner or operator fails to collect the 1 data point in an hour due to the calibration duration, then the owner or operator shall determine the emissions average for that missed hour as the average of hourly averages for the hour preceding the missed hour and the hour following the missed hour. In an hour where an owner or operator is conducting an “above span” calibration and collects 1 or more data points, the emissions average is represented by the average of all valid data points collected in that hour;
9.9.10.a.2.D. In the event that the “above span” calibration is not successful (i.e., the HCl CEMS measured value is not within 20% of the certified value of the reference gas), then the owner or operator shall normalize the 1-hour average stack gas values measured above the span during the 24- hour period preceding or following the “above span” calibration for reporting based on the HCl CEMS response to the reference gas as shown in Equation 6. Only 1 “above span” calibration is needed per 24-hour period.
9.9.10.b. The owner or operator shall determine compliance with the mercury emissions limit using a mercury CEMS or integrated sorbent trap monitoring system according to the following requirements:
9.9.10.b.1. The owner or operator shall operate a mercury CEMS system in accordance with performance specification 12A of 40CFR60, appendix B or an integrated sorbent trap monitoring system in accordance with performance specification 12B of 40CFR60, appendix B and the monitoring systems shall be quality assured according to procedure 5 of 40CFR60, appendix F. For the purposes of emissions calculations when using an integrated sorbent trap monitoring system, the mercury concentration determined for each sampling period shall be assigned to each hour during the sampling period. If the owner or operator chooses to comply with the production-rate based mercury limit for the waste-burning kiln, the owner or operator shall also monitor hourly clinker production and determine the hourly mercury emissions rate in pounds per million ton of clinker produced. The owner or operator shall demonstrate compliance with the mercury emissions limit using a 30-day rolling average of these 1-hour mercury concentrations or mass emission rates, including CEMS data during startup and shutdown, as defined in section 2, calculated using equation 19–19 in section 12.4.1 of Method 19 of 40CFR60, appendix A–7. CEMS data during startup and shutdown, as defined in section 2, are not corrected to 7% oxygen and are measured at stack oxygen content;
9.9.10.b.2. Owners or operators using a mercury CEMS or integrated sorbent trap monitoring system to determine mass emission rate shall install, operate, calibrate, and maintain an instrument for continuously measuring and recording the mercury mass emissions rate to the atmosphere according to the requirements of performance specification 6 (PS 6) of 40CFR60, appendix B and conduct an annual relative accuracy test of the continuous emission rate monitoring system according to section 8.2 of PS 6; and 9.9.10.b.3.. The owner or operator of a waste-burning kiln shall demonstrate initial compliance by operating a mercury CEMS or integrated sorbent trap monitoring system while the raw mill of the in-line kiln/raw mill is operating under normal conditions and including at least 1 period when the raw mill is off.
9.9.11. If the owner or operator uses an air pollution control device to meet the emission limitations in section 9, the owner or operator shall conduct an initial and annual inspection of the air pollution control device. The inspection shall include, at a minimum, the following:
9.9.11.a. Inspect air pollution control device(s) for proper operation; and
9.9.11.b. Develop a site-specific monitoring plan according to the requirements in subdivision 9.9.12. This requirement also applies to the owner or operator if the owner or operator petitions the Administrator for alternative monitoring parameters under 40 CFR § 60.13(i).
9.9.12. For each CMS required in this section, the owner or operator shall develop and submit to the Secretary for approval a site-specific monitoring plan according to the requirements of this subdivision that addresses subparagraphs 9.9.12.a.1 through 9.9.12.a.6 below.
9.9.12.a. The owner or operator shall submit this site-specific monitoring plan at least 60 days before the initial performance evaluation of the continuous monitoring system.
9.9.12.a.1. Installation of the continuous monitoring system sampling probe or other interface at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions (e.g., on or downstream of the last control device);
9.9.12.a.2. Performance and equipment specifications for the sample interface, the pollutant concentration or parametric signal analyzer and the data collection and reduction systems;
9.9.12.a.3. Performance evaluation procedures and acceptance criteria (e.g., calibrations);
9.9.12.a.4. Ongoing operation and maintenance procedures in accordance with the general requirements of 40 CFR § 60.11(d);
9.9.12.a.5. Ongoing data quality assurance procedures in accordance with the general requirements of 40 CFR § 60.13; and
9.9.12.a.6. Ongoing recordkeeping and reporting procedures in accordance with the general requirements of 40 CFR §§ 60.7(b), (c) introductory text, (c)(1), (c)(4), (d), (e), (f), and (g).
9.9.12.b. The owner or operator shall conduct a performance evaluation of each continuous monitoring system in accordance with the site-specific monitoring plan.
9.9.12.c. The owner or operator shall operate and maintain the continuous monitoring system in continuous operation according to the site-specific monitoring plan.
9.9.13. If the owner or operator has an operating limit that requires the use of a flow monitoring system, the owner or operator shall meet the requirements in subdivision 9.9.12 and paragraphs 9.9.13.a through 9.9.13.d below:
9.9.13.a. Install the flow sensor and other necessary equipment in a position that provides a representative flow;
9.9.13.b. Use a flow sensor with a measurement sensitivity at full scale of no greater than 2 percent;
9.9.13.c. Minimize the effects of swirling flow or abnormal velocity distributions due to upstream and downstream disturbances; and
9.9.13.d. Conduct a flow monitoring system performance evaluation in accordance with the monitoring plan at the time of each performance test, but no less frequently than annually.
9.9.14. If the owner or operator has an operating limit that requires the use of a pressure monitoring system, the owner or operator shall meet the requirements in subdivision 9.9.12 and paragraphs 9.9.14.a through 9.9.14.f below:
9.9.14.a. Install the pressure sensor(s) in a position that provides a representative measurement of the pressure (e.g., PM scrubber pressure drop);
9.9.14.b. Minimize or eliminate pulsating pressure, vibration, and internal and external corrosion;
9.9.14.c. Use a pressure sensor with a minimum tolerance of 1.27 centimeters of water or a minimum tolerance of 1 percent of the pressure monitoring system operating range, whichever is less;
9.9.14.d. Perform checks at the frequency outlined in the site-specific monitoring plan to ensure pressure measurements are not obstructed (e.g., check for pressure tap plugging daily);
9.9.14.e. Conduct a performance evaluation of the pressure monitoring system in accordance with the monitoring plan at the time of each performance test, but no less frequently than annually; and
9.9.14.f. If at any time the measured pressure exceeds the manufacturer’s specified maximum operating pressure range, conduct a performance evaluation of the pressure monitoring system in accordance with the monitoring plan and confirm that the pressure monitoring system continues to meet the performance requirements in the monitoring plan. Alternatively, install and verify the operation of a new pressure sensor.
9.9.15. If the owner or operator has an operating limit that requires a pH monitoring system, the owner or operator shall meet the requirements in subdivision 9.9.12 and paragraphs 9.9.15.a through 9.9.15.d below:
9.9.15.a. Install the pH sensor in a position that provides a representative measurement of scrubber effluent pH;
9.9.15.b. Ensure the sample is properly mixed and representative of the fluid to be measured;
9.9.15.c. Conduct a performance evaluation of the pH monitoring system in accordance with the monitoring plan at least once each process operating day; and
9.9.15.d. Conduct a performance evaluation (including a 2-point calibration with 1 of the 2 buffer solutions having a pH within 1 of the pH of the operating limit) of the pH monitoring system in accordance with the monitoring plan at the time of each performance test, but no less frequently than quarterly.
9.9.16. If the owner or operator has an operating limit that requires a secondary electric power monitoring system for an electrostatic precipitator, the owner or operator shall meet the requirements in subdivision 9.9.12 and paragraphs 9.9.16.a and 9.9.16.b below:
9.9.16.a. Install sensors to measure (secondary) voltage and current to the precipitator collection plates; and
9.9.16.b. Conduct a performance evaluation of the electric power monitoring system in accordance with the monitoring plan at the time of each performance test, but no less frequently than annually.
9.9.17. If the owner or operator has an operating limit that requires the use of a monitoring system to measure sorbent injection rate (e.g., weigh belt, weigh hopper or hopper flow measurement device), the owner or operator shall meet the requirements in subdivision 9.9.12 and paragraphs 9.9.17.a through 9.9.17.b below:
9.9.17.a. Install the system in a position(s) that provides a representative measurement of the total sorbent injection rate; and
9.9.17.b. Conduct a performance evaluation of the sorbent injection rate monitoring system in accordance with the monitoring plan at the time of each performance test, but no less frequently than annually.
9.9.18. If the owner or operator elects to use a fabric filter bag leak detection system to comply with the requirements of section 9, the owner or operator shall install, calibrate, maintain, and continuously operate a bag leak detection system as specified in subdivision 9.9.12 and paragraphs 9.9.18.a through 9.9.18.e below:
9.9.18.a. Install a bag leak detection sensor(s) in a position(s) that will be representative of the relative or absolute particulate matter loadings for each exhaust stack, roof vent or compartment (e.g., for a positive pressure fabric filter) of the fabric filter;
9.9.18.b. Use a bag leak detection system certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations of 10 milligrams per actual cubic meter or less;
9.9.18.c. Conduct a performance evaluation of the bag leak detection system in accordance with the monitoring plan and consistent with the guidance provided in EPA-454/R-98-015 (refer to 40 CFR § 60.17);
9.9.18.d. Use a bag leak detection system equipped with a device to continuously record the output signal from the sensor; and
9.9.18.e. Use a bag leak detection system equipped with a system that will sound an alarm when it detects an increase in relative particulate matter emissions over a preset level. The alarm shall be located where it is observed readily by plant operating personnel.
9.9.19. For facilities using a CEMS to demonstrate initial and continuous compliance with the sulfur dioxide emission limit, the owner or operator may demonstrate compliance with the sulfur dioxide emission limit by using the CEMS specified in subdivision 9.10.12 to measure sulfur dioxide. The owner or operator shall operate the sulfur dioxide CEMS according to the procedures and methods specified in subdivision 9.9.19. For sources that have actual inlet emissions less than 100 parts per million dry volume, the relative accuracy criterion for inlet sulfur dioxide CEMS should be no greater than 20% of the mean value of the reference method test data in terms of the units of the emission standard, or 5 parts per million dry volume absolute value of the mean difference between the reference method and the CEMS, whichever is greater.
9.9.19.a. During each relative accuracy test run of the CEMS required by performance specification 2 in appendix B of 40CFR60, the owner or operator shall collect sulfur dioxide and oxygen (or carbon dioxide) data concurrently (or within a 30- to 60-minute period) with both the CEMS and the test methods specified below:
9.9.19.a.1. For sulfur dioxide, EPA Reference Method 6 or 6C, or as an alternative ANSI/ASME PTC 19.10-1981 (incorporated by reference, see 40 CFR § 60.17); and
9.9.19.a.2. For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B at 40CFR60, appendix A-2, or as an alternative ANSI/ASME PTC 19.10-1981 (incorporated by reference, see 40 CFR § 60.17), as applicable.
9.9.19.b. The span value of the CEMS at the inlet to the sulfur dioxide control device shall be 125% of the maximum estimated hourly potential sulfur dioxide emissions of the unit. The span value of the CEMS at the outlet of the sulfur dioxide control device shall be 50% of the maximum estimated hourly potential sulfur dioxide emissions of the unit.
9.9.19.c. The owner or operator shall conduct accuracy determinations quarterly and calibration drift tests daily in accordance with Procedure 1 in appendix F of 40CFR60.
9.9.20. For facilities using a CEMS to demonstrate initial and continuous compliance with the nitrogen oxides emission limit, the owner or operator may demonstrate compliance with the nitrogen oxides emission limit by using the CEMS specified in subdivisions 9.10.1 through 9.10.20 to measure nitrogen oxides. The owner or operator shall operate the nitrogen oxides CEMS according to the procedures and methods specified in paragraphs 9.9.20.a through 9.9.20.d below:
9.9.20.a. During each relative accuracy test run of the CEMS required by performance specification 2 of appendix B of 40CFR60, the owner or operator shall collect nitrogen oxides and oxygen (or carbon dioxide) data concurrently (or within a 30- to 60-minute period) with both the CEMS and the test methods specified in subparagraphs 9.9.20.a.1 and 9.9.20.a.2 below:
9.9.20.a.1. For nitrogen oxides, EPA Reference Method 7 or 7E of 40CFR60, appendix A-4; and
9.9.20.a.2. For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B at 40CFR60, appendix A-2, or as an alternative ANSI/ASME PTC 19.10-1981 (refer to 40 CFR § 60.17), as applicable;
9.9.20.b. The span value of the CEMS shall be 125% of the maximum estimated hourly potential nitrogen oxide emissions of unit;
9.9.20.c. Conduct accuracy determinations quarterly and calibration drift tests daily in accordance with Procedure 1 in appendix F of 40CFR60; and
9.9.20.d. The owner or operator of an affected facility may request that it determine compliance with the nitrogen oxides emission limit using carbon dioxide measurements corrected to an equivalent of 7% oxygen. If the owner or operator selects carbon dioxide for use in diluent corrections, the owner or operator shall establish the relationship between oxygen and carbon dioxide levels during the initial performance test according to the procedures and methods specified in subparagraphs 9.9.20.d.1 through 9.9.20.d.3 below. The owner or operator may reestablish this relationship during performance compliance tests. The owner or operator shall:
9.9.20.d.1. Use the fuel factor equation in Method 3B to determine the relationship between oxygen and carbon dioxide at a sampling location, and use Method 3A, 3B or, as an alternative, ANSI/ASME PTC 19.10-1981 (refer to 40 CFR § 60.17), as applicable, to determine the oxygen concentration at the same location as the carbon dioxide monitor;
9.9.20.d.2. Take samples for at least 30 minutes in each hour. Each sample shall represent a 1-hour average;
9.9.20.d.3. Perform a minimum of 3 runs.
9.9.21. For facilities using a CEMS or an integrated sorbent trap monitoring system for mercury to demonstrate initial and continuous compliance with any of the emission limits of section 9, the owner or operator shall complete the requirements in paragraphs 9.9.21.a and 9.9.21.b:
9.9.21.a. Demonstrate compliance with the appropriate emission limit(s) using a 30-day rolling average of 1-hour arithmetic average emission concentrations, including CEMS or an integrated sorbent trap monitoring system data during startup and shutdown, as defined in section 2 of this rule, calculated using Equation 19-19 in section 12.4.12 of EPA Reference Method 19 at 40CFR60, appendix A-7.
9.9.21.a.1. Calculate the 1-hour arithmetic averages for CEMS using the data points required under 40 CFR §60.13(e)(2). The 1-hour arithmetic averages used to calculate the 30-day rolling average emission concentrations shall be corrected to 7 percent oxygen (dry basis) except for CEMS or integrated sorbent trap monitoring system data during startup and shutdown.
9.9.21.a.2. Measure the integrated sorbent trap monitoring system or CEMS data during startup and shutdown, as defined in section 2, at stack oxygen content. This data shall not be corrected to 7 percent oxygen; and
9.9.21.b. Operate all CEMS and integrated sorbent trap monitoring systems in accordance with the applicable procedures under appendices B and F of 40CFR60.
9.9.22. Use of the bypass stack at any time is an emissions standards deviation for PM, HCl, Pb, Cd, Hg, NOX, SO2, and dioxin/furans.
9.9.23. For energy recovery units with a design heat input capacity of 100 MMBtu/hr or greater that do not use a carbon monoxide CEMS, the owner or operator shall install, operate, and maintain an oxygen analyzer system as defined in section 2 according to the procedures in paragraphs 9.9.23.a through 9.9.23.d below:
9.9.23.a. Install the oxygen analyzer system by the initial performance test date as specified in subdivision 9.6.3 through paragraph 9.6.11.e;
9.9.23.b. Operate the oxygen trim system in compliance with paragraph 9.9.23.c at all times;
9.9.23.c. Maintain the oxygen level such that the 30-day rolling average that is established as the operating limit for oxygen is not below the lowest hourly average oxygen concentration measured during the most recent carbon monoxide (CO) performance test; and
9.9.23.d. Calculate and record a 30-day rolling average oxygen concentration using Equation 19-19 in section 12.4.1 of EPA Reference Method 19 of appendix A7 of 40CFR60.
9.9.24. For energy recovery units with annual average heat input rates greater than or equal to 250 MMBtu/hour and waste-burning kilns, the owner or operator shall install, calibrate, maintain, and operate a PM CPMS and record the output of the system as specified in paragraphs 9.9.24.a through 9.9.24.h below. For other energy recovery units, the owner or operator may elect to use PM CPMS operated in accordance with this section. PM CPMS are suitable in lieu of using other CMS for monitoring PM compliance (e.g., bag leak detectors, ESP secondary power, PM scrubber pressure). As stated above, the owner shall:
9.9.24.a. Install, calibrate, operate, and maintain the PM CPMS according to the procedures in approved site-specific monitoring plan developed in accordance with subdivision 9.9.12 and subparagraphs 9.9.24.a.1 through 9.9.24.a.3;
9.9.24.a.1. The owner or operator shall base the operating principle of the PM CPMS on in-stack or extractive light scatter, light scintillation, beta attenuation or mass accumulation of the exhaust gas or representative sample. The owner or operator shall express the reportable measurement output from the PM CPMS as milliamps or the digital signal equivalent;
9.9.24.a.2. The PM CPMS shall have a cycle time (i.e., period required to complete sampling, measurement, and reporting for each measurement) no longer than 60 minutes; and
9.9.24.a.3. The PM CPMS shall be capable of detecting and responding to particulate matter concentrations increments no greater than 0.5 mg/actual cubic meter.
9.9.24.b. During the initial performance test or any subsequent performance test that demonstrates compliance with the PM limit, adjust the site-specific operating limit in accordance with the results of the performance test according to the procedures specified in subdivision 9.6.3 through paragraph 9.6.11.e of this rule;
9.9.24.c. Collect PM CPMS hourly average output data for all energy recovery unit or waste-burning kiln operating hours and express the PM CPMS output as milliamps or the digital signal equivalent;
9.9.24.d. Calculate the arithmetic 30-day rolling average of all of the hourly average PM CPMS output collected during all energy recovery unit or waste-burning kiln operating hours data (milliamps);
9.9.24.e. Collect data using the PM CPMS at all times the energy recovery unit or waste-burning kiln is operating and at the intervals specified in subparagraph 9.9.24.a.2, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments), and any scheduled maintenance as defined in the site-specific monitoring plan;
9.9.24.f. Use all the data collected during all energy recovery unit or waste-burning kiln operating hours in assessing compliance with the operating limit except:
9.9.24.f.1. Any data collected during monitoring system malfunctions, repairs associated with monitoring system malfunctions or required monitoring system quality assurance or quality control activities conducted during monitoring system malfunctions (report any such periods in the annual deviation report); or
9.9.24.f.2. Any data collected during periods when the monitoring system is out of control as specified in the site-specific monitoring plan, repairs associated with periods when the monitoring system is out of control or required monitoring system quality assurance or quality control activities conducted during out-of-control periods (report emissions or operating levels and report any such periods in the annual deviation report); or
9.9.24.f.3. Any PM CPMS data recorded during periods of CEMS data during startup and shutdown, as defined in section 2.
9.9.24.g. Record and make available upon request results of PM CPMS system performance audits, as well as the dates and duration of periods from when the PM CPMS is out of control until completion of the corrective actions necessary to return the PM CPMS to operation consistent with the site-specific monitoring plan; and
9.9.24.h. For any deviation of the 30-day rolling average PM CPMS average value from the established operating parameter limit, the owner or operator shall:
9.9.24.h.1. Within 48 hours of the deviation, visually inspect the air pollution control device;
9.9.24.h.2. If inspection of the air pollution control device identifies the cause of the deviation, take corrective action as soon as possible and return the PM CPMS measurement to within the established value; and
9.9.24.h.3. Within 30 days of the deviation or at the time of the annual compliance test, whichever comes first, conduct a PM emissions compliance test to determine compliance with the PM emissions limit. Within 45 days of the deviation, the owner or operator shall re-establish the CPMS operating limit. The owner or operator is not required to conduct additional testing for any deviations that occur between the time of the original deviation and the PM emissions compliance test required under subdivision 9.9.24.
9.9.24.h.4. PM CPMS deviations leading to more than 4 required performance tests in a 12-month process operating period (rolling monthly) constitute a violation of section 9.
9.9.25. When there is an alkali bypass or an in-line coal mill that exhausts emissions through a separate stack(s), the combined emissions are subject to the emission limits applicable to waste-burning kilns. To determine the kiln-specific emission limit for demonstrating compliance, the owner or operator shall:
9.9.25.a. Calculate a kiln-specific emission limit using Equation 7:
Cks = Kiln stack concentration (ppmvd, mg/dscm, ng/dscm, depending on pollutant. Each corrected to 7% O2)
Qab = Alkali bypass flow rate (volume/hr)
Cab = Alkali bypass concentration (ppmvd, mg/dscm, ng/dscm, depending on pollutant. Each corrected to 7% O2)
Qcm = In-line coal mill flow rate (volume/hr)
Ccm = In-line coal mill concentration (ppmvd, mg/dscm, ng/dscm, depending on pollutant. Each corrected to 7% O2)
Qks = Kiln stack flow rate (volume/hr)
9.9.25.b. Measure particulate matter concentration downstream of the in-line coal mill and measure all other pollutant concentrations either upstream or downstream of the in-line coal mill; and
9.9.25.c. For purposes of determining the combined emissions from kilns equipped with an alkali bypass or that exhaust kiln gases to a coal mill that exhausts through a separate stack, instead of installing a CEMS or PM CPMS on the alkali bypass stack or inline coal mill stack, the owner or operator may use the results of the initial and subsequent performance test to demonstrate compliance with the relevant emissions limit. The owner or operator shall conduct a performance test on an annual basis (no later than 13 calendar months following the previous performance test).
9.9.26. Timing of performance tests and control device inspections. The owner or operator shall:
9.9.26.a. Conduct annual performance tests no later than 13 calendar months following the previous performance test;
9.9.26.b. Conduct the air pollution control device inspections on an annual basis (but no more than 12 months following the previous annual air pollution control device inspection) and complete the air pollution control device inspection as described in subdivisions 9.8.5 and 9.8.6 above;
9.9.26.c. Conduct annual performance tests according to the schedule specified in paragraph 9.9.26.a, with the following exceptions:
9.9.26.c.1. The owner or operator may conduct a repeat performance test at any time to establish new values for the operating limits, as specified in subdivision 9.9.27. New operating limits become effective on the date the owner operator submits the performance test report to the EPA's Central Data Exchange or postmarked, per the requirements of paragraph 9.12.12.b. The Secretary may request a repeat performance test at any time;
9.9.26.c.2. The owner or operator shall repeat the performance test within 60 days of a process change, as defined in section 2 and;
9.9.26.c.3. The owner or operator may conduct performance tests less often if the following conditions are met. For at least 2 consecutive performance tests, the results from the performance tests demonstrate the emission level for the pollutant is no greater than the emission level specified in part 9.9.26.c.3.A or 9.9.26.c.3.B; there is not a change in the operation of the affected source or air pollution control equipment that could increase emissions; and the owner or operator is not required to conduct a performance test for the pollutant in response to a request by the Secretary in subparagraph 9.9.26.c.1 or a process change in subparagraph 9.9.26.c.2. If these conditions are met, the owner or operator is not required to conduct a performance test for that pollutant for the next 2 years. The owner or operator shall conduct a performance test for the pollutant no later than 37 months from the previous performance test for the pollutant. If the emission level for the CISWI unit continues to meet the emission level specified in part 9.9.26.c.3.A or 9.9.26.c.3.B, the owner or operator may conduct performance tests for the pollutant every third year if there are no changes in the operation of the affected source or air pollution control equipment that could increase emissions. Each such performance test shall be conducted no later than 37 months from the previous performance test.
9.9.26.c.3.A. For particulate matter, hydrogen chloride, mercury, carbon monoxide, nitrogen oxides, sulfur dioxide, cadmium, lead, and dioxins/furans, the emission level equal to 75 percent of the applicable emission limit in Table 45-18F or Tables 45-18J through 45-18M, as applicable; and
9.9.26.c.3.B. For fugitive emissions, visible emissions (of combustion ash from the ash conveying system) for 2 percent of the time during each of the 3 1-hour observation periods.
9.9.26.c.4. If the owner or operator is conducting less frequent testing for a pollutant as provided in subparagraph 9.9.26.c.3, and a subsequent performance test for the pollutant indicates that the CISWI unit does not meet the emission level specified in parts 9.9.26.c.3.A or 9.9.26.c.3.B, as applicable, the owner or operator shall conduct annual performance tests for the pollutant according to the schedule specified in paragraph 9.9.26.c until the facility qualifies for less frequent testing for the pollutant as specified in subparagraph 9.9.26.c.3.
9.9.27. Repeat performance test to establish new operating limits.
9.9.27.a. The owner or operator may conduct a repeat performance test at any time to establish new values for the operating limits. The Secretary may request a repeat performance test at any time.
9.9.27.b. The owner or operator shall repeat the performance test if the feed stream is different than the feed streams used during any performance test used to demonstrate compliance.
9.10. Monitoring equipment and parameters.
9.10.1. If the owner or operator is using a wet scrubber to comply with the emission limitation under subdivisions 9.6.1 and 9.6.2, the owner or operator shall install, calibrate (to manufacturers’ specifications), maintain, and operate devices (or establish methods) for monitoring the value of the operating parameters used to determine compliance with the operating limits listed in Table 45-18G. These devices (or methods) shall measure and record the values for these operating parameters at the frequencies indicated in Table 45-18G at all times, except as specified in paragraph 9.10.21.a.
9.10.2. If the owner or operator uses a fabric filter to comply with the requirements of section 9 and does not use a PM CPMS or PM CEMS for monitoring PM compliance, the owner or operator shall install, calibrate, maintain, and continuously operate a bag leak detection system as specified in paragraphs 9.10.2.a through 9.10.2.h below:
9.10.2.a. Install and operate a bag leak detection system for each exhaust stack of the fabric filter;
9.10.2.b. Each bag leak detection system shall be installed, operated, calibrated, and maintained in a manner consistent with the manufacturer’s written specifications and recommendations;
9.10.2.c. The bag leak detection system shall be certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations of 10 milligrams per actual cubic meter or less;
9.10.2.d. The bag leak detection system sensor shall provide output of relative or absolute particulate matter loadings;
9.10.2.e. The bag leak detection system shall be equipped with a device to continuously record the output signal from the sensor;
9.10.2.f. The bag leak detection system shall be equipped with an alarm system that will alert automatically when it detects an increase in relative particulate matter emission over a preset level. The alarm shall be located where it is observed easily by plant operating personnel;
9.10.2.g. For positive pressure fabric filter systems, a bag leak detection system shall be installed in each baghouse compartment or cell. For negative pressure or induced air fabric filters, the bag leak detector shall be installed downstream of the fabric filter; and
9.10.2.h. Where multiple detectors are required, the system's instrumentation and alarm may be shared among detectors.
9.10.3. If the owner or operator is using something other than a wet scrubber, activated carbon, selective non-catalytic reduction, an electrostatic precipitator or a dry scrubber to comply with the emission limitations under subdivisions 9.6.1 and 9.6.2, the owner or operator shall install, calibrate (to the manufacturers’ specifications), maintain, and operate the equipment necessary to monitor compliance with the site-specific operating limits established using the procedures in subdivision 9.6.12.
9.10.4. If the owner or operator uses activated carbon injection to comply with the emission limitations in section 9, the owner or operator shall measure the minimum sorbent flow rate once per hour.
9.10.5. If the owner or operator uses selective noncatalytic reduction to comply with the emission limitations, the owner or operator shall complete the following:
9.10.5.a. Following the date on which the initial performance test is completed or is required to be completed under subsection 9.7, whichever date comes first, ensure that the affected facility does not operate above the maximum charge rate or below the minimum secondary chamber temperature (if applicable to the CISWI unit) or the minimum reagent flow rate measured as 3-hour block averages at all times.
9.10.5.b. Operation of the affected facility above the maximum charge rate, below the minimum secondary chamber temperature and below the minimum reagent flow rate simultaneously constitute a violation of the nitrogen oxides emissions limit.
9.10.6. If the owner or operator uses an electrostatic precipitator to comply with the emission limits of section 9 and the owner or operator does not use a PM CPMS for monitoring PM compliance, the owner or operator shall monitor the secondary power to the electrostatic precipitator collection plates and maintain the 3-hour block averages at or above the operating limits established during the mercury or particulate matter performance test.
9.10.7. For waste-burning kilns not equipped with a wet scrubber or dry scrubber, the owner or operator shall install, calibrate, maintain, and operate a CEMS for monitoring hydrogen chloride emissions discharged to the atmosphere as specified in subdivision 9.9.10 and record the output of the system. The owner or operator may substitute use of a HCI CEMS for conducting the HCI initial and annual testing with EPA Method 321 at 40CFR63, appendix A. To demonstrate continuous compliance with the hydrogen chloride emissions limit for units other than waste-burning kilns not equipped with a wet scrubber or dry scrubber, a facility may substitute use of a hydrogen chloride CEMS for conducting the hydrogen chloride initial and annual performance test. For units equipped with a hydrogen chloride CEMS, the owner or operator is not required to monitor minimum hydrogen chloride sorbent flow rate, minimum scrubber liquor pH, and minimum injection rate.
9.10.8. To demonstrate continuous compliance with the particulate matter emissions limit, a facility may substitute use of either a particulate matter CEMS or a particulate matter CPMS for conducting the particulate matter annual performance test. For units equipped with a particulate matter CEMS, the owner or operator is not required to use other CMS monitoring for PM compliance (e.g., bag leak detectors, ESP secondary power, PM scrubber pressure). The owner or operator may also substitute use of a particulate matter CEMS for conducting the PM initial performance test.
9.10.9. To demonstrate initial and continuous compliance with the dioxin/furan emissions limit, a facility may substitute use of a continuous automated sampling system for the dioxin/furan initial and annual performance test. The owner or operator shall record the output of the system and analyze the sample according to EPA Method 23 at 40CFR60, appendix A-7. This option to use a continuous automated sampling system takes effect on the date a final performance specification applicable to dioxin/furan from continuous monitors is published in the Federal Register. The owner or operator who elects to continuously sample dioxin/furan emissions instead of sampling and testing using EPA Method 23 at 40CFR60, appendix A-7, shall install, calibrate, maintain, and operate a continuous automated sampling system and shall comply with the requirements specified in 40 CFR §§ 60.58b(p) and (q). A facility may substitute continuous dioxin/furan monitoring for the minimum sorbent flow rate, if activated carbon sorbent injection is used solely for compliance with the dioxin/furan emission limit.
9.10.10. To demonstrate initial and continuous compliance with the mercury emissions limit, a facility may substitute use of a mercury CEMS or an integrated sorbent trap monitoring system for the mercury initial and annual performance test. The owner or operator who elects to continuously measure mercury emissions instead of sampling and testing using EPA Method 29 or 30B at 40CFR60, appendix A-8, ASTM D6784-02 (Reapproved 2008), or an approved alternative method for measuring mercury emissions, shall install, calibrate, maintain, and operate the mercury CEMS or integrated sorbent trap monitoring system and shall comply with performance specification 12A or performance specification 12B of appendix B to 40CFR60, respectively, and quality assurance procedure 5 of appendix F to 40CFR60. If an owner or operator uses an integrated sorbent trap monitoring system to calculate emissions, the mercury concentration determined for each sampling period shall be assigned to each hour during the sampling period. For units equipped with a mercury CEMS or an integrated sorbent trap monitoring system, the owner or operator is not required to monitor the minimum sorbent flow rate if activated carbon sorbent injection is used solely for compliance with the mercury emission limit. An owner or operator of a waste-burning kiln shall install, calibrate, maintain, and operate a mercury CEMS or an integrated sorbent trap monitoring system as specified in subdivision 9.9.10.
9.10.11. To demonstrate initial and continuous compliance with the nitrogen oxides emissions limit, a facility may substitute use of a CEMS for the nitrogen oxides initial and annual performance test to demonstrate compliance with the nitrogen oxides emissions limits. For units equipped with a nitrogen oxides CEMS, the owner or operator is not required to monitor the charge rate, secondary chamber temperature and reagent flow for selective noncatalytic reduction. The owner or operator shall:
9.10.11.a. Install, calibrate, maintain, and operate a CEMS for measuring nitrogen oxides emissions discharged to the atmosphere and record the output of the system. The owner or operator shall follow the requirements under performance specification 2 of appendix B of 40CFR60, the Quality Assurance Procedure 1 of appendix F of 40CFR60, and the procedures under 40 CFR § 60.13 for installation, evaluation, and operation of the CEMS.
9.10.11.b. Determine compliance with the emission limit for nitrogen oxides based on the 30-day rolling average of the hourly emission concentrations using CEMS outlet data in accordance with subdivision 9.9.21.
9.10.12. To demonstrate initial and continuous compliance with the sulfur dioxide emissions limit, the owner or operator may substitute use of a CEMS for the sulfur dioxide initial and annual performance test.
9.10.12.a. The owner or operator shall install, calibrate, maintain, and operate a CEMS for measuring sulfur dioxide emissions discharged to the atmosphere and record the output of the system. The owner or operator shall follow the requirements under performance specification 2 of appendix B of 40CFR60, the Quality Assurance requirements of Procedure 1 of appendix F of 40CFR60, and the procedures under 40 CFR § 60.13 for installation, evaluation, and operation of the CEMS.
9.10.12.b. The owner or operator may demonstrate compliance with the sulfur dioxide emission limit based on the 30-day rolling average of the hourly arithmetic average emission concentrations using CEMS outlet data in accordance with subdivision 9.9.21.
9.10.13. For energy recovery units over 10 MMBtu/hr but less than 250 MMBtu/hr annual average heat input rates that do not use a wet scrubber, fabric filter with bag leak detection system, an electrostatic precipitator, or particulate matter CEMS, or particulate matter CPMS, the owner or operator shall install, operate, certify, and maintain a continuous opacity monitoring system according to the procedures in paragraphs 9.10.13.a through 9.10.13.e by the compliance date specified in subdivisions 9.6.1. and 9.6.2. Energy recovery units that use a particulate matter CEMS to demonstrate initial and continuing compliance according to the procedures in subdivision 9.10.14 are not required to install a continuous opacity monitoring system and shall perform the annual performance tests for opacity consistent with subdivision 9.9.6. The owner or operator shall:
9.10.13.a. Install, operate, and maintain each continuous opacity monitoring system according to performance specification 1 at 40CFR60, appendix B;
9.10.13.b. Conduct a performance evaluation of each continuous opacity monitoring system according to the requirements in 40 CFR § 60.13 and according to performance specification 1 at 40CFR60, appendix B;
9.10.13.c. As specified in 40 CFR § 60.13(e)(1), for each continuous opacity monitoring system, complete a minimum of 1 cycle of sampling and analyzing for each successive 10-second period and 1 cycle of data recording for each successive 6-minute period;
9.10.13.d. Reduce the continuous opacity monitoring system data as specified in 40 CFR § 60.13(h)(1); and
9.10.13.e. Determine and record all the 6-minute averages (and 1-hour block averages as applicable) collected.
9.10.14. For coal and liquid/gas energy recovery units, incinerators, and small remote incinerators, an owner or operator may elect to install, calibrate, maintain, and operate a CEMS for monitoring particulate matter emissions discharged to the atmosphere and record the output of the system. The owner or operator of an affected facility who continuously monitors particulate matter emissions instead of conducting performance testing using EPA Method 5 at 40CFR60, appendix A-3 or monitors with a particulate matter CPMS according to subdivision 9.10.18 shall install, calibrate, maintain, and operate a PM CEMS and shall comply with the requirements specified in paragraphs 9.10.14.a through 9.10.14.j.
9.10.14.a. The owner or operator shall install, evaluate, and operate the PM CEMS per the requirements of performance specification 11 of appendix B of 40CFR60 and the quality assurance requirements of procedure 2 of appendix F of 40CFR60 and §60.13.
9.10.14.b. The owner or operator shall complete the initial performance evaluation no later than 180 days after the final compliance date for meeting the amended emission limitations, as specified under subsection 9.7 or within 180 days of notification to the Secretary of use of the continuous monitoring system if the owner or operator was previously determining compliance by Method 5 at 40CFR60, appendix A-3 performance tests, whichever is later.
9.10.14.c. The owner or operator of an affected facility may request that compliance with the particulate matter emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established according to the procedures and methods specified in subparagraphs 9.9.20.d.1 through 9.9.20.d.3.
9.10.14.d. The owner or operator of an affected facility shall conduct an initial performance test for particulate matter emissions. If the owner or operator elects to demonstrate compliance using the PM CEMS and the initial performance test has not yet been conducted, the owner or operator shall determine initial compliance using the CEMS specified in subdivision 9.10.14 to measure particulate matter. The owner or operator shall calculate a 30-day rolling average of 1-hour arithmetic average emission concentrations, including CEMS data during startup and shutdown, as defined in section 2, using equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40CFR60, appendix A-7.
9.10.14.e. The owner or operator shall determine continuous compliance with the particulate matter emission limit based on the 30-day rolling average calculated using equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40CFR60, appendix A-7 from the 1-hour arithmetic average of the CEMS outlet data.
9.10.14.f. At a minimum, the owner or operator shall obtain valid continuous monitoring system hourly averages as specified in subdivision 9.10.21.
9.10.14.g. The 1-hour arithmetic averages required under paragraph 9.10.14.e shall be expressed in milligrams per dry standard cubic meter corrected to 7 percent oxygen (or carbon dioxide)(dry basis) and shall be used to calculate the 30-day rolling average emission concentrations. CEMS data during startup and shutdown, as defined in section 2, shall not be corrected to 7 percent oxygen, and shall be measured at stack oxygen content. The owner or operator shall calculate the 1-hour arithmetic averages using the data points required under 40CFR § 60.13(e)(2).
9.10.14.h. The owner or operator shall use all valid CEMS data in calculating average emission concentrations even if the minimum CEMS data requirements of paragraph 9.10.14.f are not met.
9.10.14.i. The owner or operator shall operate the CEMS according to performance specification 11 in appendix B of 40CFR60.
9.10.14.j. The owner or operator shall conduct quarterly and yearly accuracy audits and daily drift, system optics, and sample volume checks in accordance with Procedure 2 in appendix F of 40CFR60.
9.10.15. To demonstrate initial and continuous compliance with the carbon monoxide emissions limit, a facility may substitute use of a CEMS for the carbon monoxide initial and annual performance test to demonstrate compliance with the carbon monoxide emissions limits.
9.10.15.a. The owner or operator shall install, calibrate, maintain, and operate a CEMS for measuring carbon monoxide emissions discharged to the atmosphere and record the output of the system. The owner or operator shall follow the requirements under performance specification 4A or 4B of appendix B of 40CFR60, the quality assurance procedure 1 of appendix F of 40CFR60, and the procedures under 40CFR § 60.13 for installation, evaluation, and operation of the CEMS.
9.10.15.b. The owner or operator shall determine compliance with the carbon monoxide emission limit based on the 30-day rolling average of the hourly arithmetic average emission concentrations, including CEMS data during startup and shutdown, using CEMS outlet data per subdivision 9.9.21.
9.10.16. The owner or operator of an affected source with a bypass stack shall install, calibrate (to manufacturers’ specifications), maintain, and operate a device or method for measuring the use of the bypass stack including date, time, and duration.
9.10.17. For energy recovery units with a heat input capacity of 100 MMBtu/hr or greater that do not use a carbon monoxide CEMS, the owner or operator shall install, operate, and maintain the continuous oxygen monitoring system according to the procedures in paragraphs 9.10.17.a through 9.10.17.d.
9.10.17.a. The owner or operator shall install the oxygen analyzer system by the initial performance test date specified in section 9.6;
9.10.17.b. The owner or operator shall operate the oxygen trim system in compliance with paragraph 9.10.17.c at all times;
9.10.17.c. The owner or operator shall maintain the oxygen level such that the 30-day rolling average that is established as the operating limit for oxygen according to paragraph 9.10.17.d is not below the lowest hourly average oxygen concentration measured during the most recent CO performance test; and
9.10.17.d. The owner or operator shall calculate and record a 30-day rolling average oxygen concentration using equation 19–19 in section 12.4.1 of EPA Reference Method 19 of appendix A–7 of 40CFR60.
9.10.18. For energy recovery units with annual average heat input rates greater than or equal to 250 MMBtu/hour and waste-burning kilns, the owner or operator shall install, calibrate, maintain, and operate a PM CPMS and record the output of the system as specified in paragraphs 9.10.18.a through 9.10.18.h below. For other energy recovery units, the owner or operator may elect to use PM CPMS operated in accordance with this section. PM CPMS are suitable in lieu of using other CMS for monitoring PM compliance (e.g., bag leak detectors, ESP secondary power, PM scrubber pressure). The owner or operator shall:
9.10.18.a. Install, calibrate, operate, and maintain the PM CPMS according to the procedures in the approved site-specific monitoring plan developed in accordance with subdivision 9.9.12 and subparagraphs 9.10.18.a.1 through 9.10.18.a.3:
9.10.18.a.1. The owner or operator shall base the operating principle of the PM CPMS on in-stack or extractive light scatter, light scintillation, beta attenuation or mass accumulation of the exhaust gas or representative sample. The owner or operator shall express the reportable measurement output from the PM CPMS as milliamps or the digital signal equivalent;
9.10.18.a.2. The PM CPMS shall have a cycle time (i.e., period required to complete sampling, measurement, and reporting for each measurement) no longer than 60 minutes; and
9.10.18.a.3. The PM CPMS shall be capable of detecting and responding to particulate matter concentrations increments no greater than 0.5 mg/actual cubic meter.
9.10.18.b. During the initial performance test or any such subsequent performance test that demonstrates compliance with the PM limit, adjust the site-specific operating limit in accordance with the results of the performance test according to the procedures specified in subdivisions 9.6.3 through 9.6.11;
9.10.18.c. Collect PM CPMS hourly average output data for all energy recovery unit or waste-burning kiln operating hours and express the PM CPMS output as milliamps or the digital signal equivalent; and
9.10.18.d. Calculate the arithmetic 30-day rolling average of all the hourly average PM CPMS output collected during all energy recovery unit or waste burning kiln operating hours data (milliamps or digital bits).
9.10.18.e. The owner or operator shall collect data using the PM CPMS at all times the energy recovery unit or waste-burning kiln is operating and at the intervals specified in subparagraph 9.10.18.a.2, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments), and any scheduled maintenance as defined in the site-specific monitoring plan.
9.10.18.f. The owner or operator shall use all the data collected during all energy recovery unit or waste-burning kiln operating hours in assessing compliance with the operating limit, except that the owner or operator shall not use the following in these calculations:
9.10.18.f.1. Any data collected during monitoring system malfunctions, repairs associated with monitoring system malfunctions or required monitoring system quality assurance or quality control activities conducted during monitoring system malfunctions (report any such periods in the annual deviation report); or
9.10.18.f.2. Any data collected during periods when the monitoring system is out of control as specified in the site-specific monitoring plan, repairs associated with periods when the monitoring system is out of control or required monitoring system quality assurance or quality control activities conducted during out of control periods (report emissions or operating levels and report any such periods in the annual deviation report); or
9.10.18.f.3. Any PM CPMS data recorded during periods of CEMS data during startup and shutdown.
9.10.18.g. The owner or operator shall record and make available to the Secretary upon request results of PM CPMS system performance audits, as well as the dates and periods from when the PM CPMS is out of control until completion of the corrective actions necessary to return the PM CPMS to operation consistent with the site-specific monitoring plan.
9.10.18.h. For any deviation of the 30-day rolling average PM CPMS average value from the established operating parameter limit, the owner or operator shall:
9.10.18.h.1. Within 48 hours of the deviation, visually inspect the air pollution control device;
9.10.18.h.2. If inspection of the air pollution control device identifies the cause of the deviation, take corrective action as soon as possible and return the PM CPMS measurement to within the established value;
9.10.18.h.3. Within 30 days of the deviation or at the time of the annual compliance test, whichever comes first, conduct a PM emissions compliance test to determine compliance with the PM emissions limit and to verify the operation of the emission control device(s). Within 45 days of the deviation, the owner or operator shall re-establish the CPMS operating limit. The owner or operator is not required to conduct additional testing for any deviations that occur between the time of the original deviation and the PM emissions compliance test required under this subparagraph; and
9.10.18.h.4. PM CPMS deviations leading to more than 4 required performance tests in a 12-month process operating period (rolling monthly) constitute a violation of section 9.
9.10.19. If the owner or operator uses a dry scrubber to comply with the emission limits of section 9, the owner or operator shall monitor the injection rate of each sorbent and maintain the 3-hour block averages at or above the operating limits established during the hydrogen chloride performance test.
9.10.20. If the owner or operator is required to monitor clinker production because the owner or operator complies with the production-rate based mercury limit for the waste-burning kiln, the owner or operator shall:
9.10.20.a. Determine the hourly clinker production by 1 of the 2 methods below:
9.10.20.a.1. Install, calibrate, maintain, and operate a permanent weigh scale system to measure and record weight rates in tons-mass per hour of the amount of clinker produced. The owner or operator shall maintain the system of measuring hourly clinker production within ±5 percent accuracy, or
9.10.20.a.2. Install, calibrate, maintain, and operate a permanent weigh scale system to measure and record weight rates in tons-mass per hour of the amount of feed to the kiln. The owner or operator shall maintain the system of measuring feed within ±5 percent accuracy. Calculate the hourly clinker production rate using a kiln-specific feed to clinker ratio based on reconciled clinker production determined for accounting purposes and recorded feed rates. Update this ratio monthly. If this ratio changes at clinker reconciliation, the owner or operator shall use the new ratio going forward, but the owner or operator does not have to retroactively change clinker production rates previously estimated.
9.10.20.b. Determine the accuracy of the system of measuring hourly clinker production (or feed mass flow if applicable) before the final compliance date established in subdivision 9.3.2 and during each quarter of source operation.
9.10.20.c. Conduct accuracy checks in accordance with the procedures outlined in the site-specific monitoring plan per subdivision 9.9.12.
9.10.21. Monitoring data. -- For each continuous monitoring system required or optionally allowed under subdivisions 9.10.1 through 9.10.20, the owner or operator shall monitor and collect data according to the following:
9.10.21.a. The owner or operator shall operate the monitoring system and collect data at all required intervals at all times compliance is required, except for periods of monitoring system malfunctions or out of control periods, repairs associated with monitoring system malfunctions or out of control periods (as specified in paragraph 9.12.5.o), and required monitoring system quality assurance or quality control activities including, as applicable, calibration checks and required zero and span adjustments. A monitoring system malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data. Monitoring system failures that are caused in part by poor maintenance or careless operation are not malfunctions. The owner or operator is required to affect monitoring system repairs in response to monitoring system malfunctions or out of control periods and to return the monitoring system to operation as expeditiously as practicable.
9.10.21.b. The owner or operator may not use data recorded during the monitoring system malfunctions, repairs associated with monitoring system malfunctions or out of control periods or required monitoring system quality assurance or control activities in calculations used to report emissions or operating levels. The owner or operator shall use all the data collected during all other periods in assessing the operation of the control device and associated control system.
9.10.21.c. Except for periods of monitoring system malfunctions or out-of-control periods, repairs associated with monitoring system malfunctions or out of control periods, and required monitoring system quality assurance or quality control activities including, as applicable, calibration checks and required zero and span adjustments, failure to collect required data is a deviation of the monitoring requirements.
9.11. Recordkeeping requirements. -- The owner or operator shall maintain the items (as applicable) as specified in subdivisions 9.11.1, 9.11.2, and subdivisions 9.11.5 through 9.11.23 for a period of at least 5 years:
9.11.1. Calendar date of each record;
9.11.2. Records of the data described in paragraphs 9.11.2.a through 9.11.2.g:
9.11.2.a. The CISWI unit charge dates, times, weights, and hourly charge rates;
9.11.2.b. Liquor flow rate to the wet scrubber inlet every 15 minutes of operation, as applicable;
9.11.2.c. Pressure drop across the wet scrubber system every 15 minutes of operation or amperage to the wet scrubber every 15 minutes of operation, as applicable;
9.11.2.d. Liquor pH as introduced to the wet scrubber every 15 minutes of operation, as applicable;
9.11.2.e. For affected CISWI units that establish operating limits for controls other than wet scrubbers under subdivisions 9.6.6 through 9.6.9 or subdivision 9.6.12, the owner or operator shall maintain data collected for all operating parameters used to determine compliance with the operating limits. For energy recovery units using activated carbon injection or a dry scrubber, the owner or operator shall also maintain records of the load fraction and corresponding sorbent injection rate records; and
9.11.2.f. If the owner or operator uses a fabric filter to comply with the emission limitations, the owner or operator shall record the date, time, and duration of each alarm, the time corrective action was initiated and completed, and a brief description of the cause of the alarm and the corrective action taken. The owner or operator shall also record the percent of operating time during each 6-month period that the alarm sounds, calculated as specified in subdivision 9.6.5.
9.11.2.g. If the owner or operator monitors clinker production in accordance with subdivision 9.10.20:
9.11.2.g.1. Hourly clinker rate produced if clinker production is measured directly;
9.11.2.g.2. Hourly measured kiln feed rates and calculated clinker production rates if clinker production is not measured directly;
9.11.2.g.3. 30-day rolling averages for mercury in pounds per million tons of clinker produced; and
9.11.2.g.4. The initial and quarterly accuracy of the system of measuring hourly clinker production (or feed mass flow).
9.11.3. Reserved.
9.11.4. Reserved.
9.11.5. Identification of calendar dates and times for which data show a deviation from the operating limits in Table 45-18G or a deviation from other operating limits established under subdivisions 9.6.6 through 9.6.9 or subdivision 9.6.12, with a description of the deviations, reasons for the deviations, and a description of corrective actions taken;
9.11.6. The results of the initial, annual, and any subsequent performance tests conducted to determine compliance with the emission limits and/or to establish operating limits, as applicable. Retain a copy of the complete test report including calculations;
9.11.7. Records showing the names of CISWI unit operators who have completed review of the information in subdivision 9.5.8 as required by subdivision 9.5.9, including the date of the initial review and all subsequent annual reviews;
9.11.8. Records showing the names of the CISWI operators who have completed the operator training requirements under subdivisions 9.5.1 and 9.5.2, met the criteria for qualification under subdivisions 9.5.4 and 9.5.5, and maintained or renewed their qualification under subdivisions 9.5.6 or 9.5.7. Records shall include documentation of training, the dates of the initial and refresher training, and the dates of their qualification and all subsequent renewals of such qualifications;
9.11.9. For each qualified operator, the phone and/or cell phone number at which he or she can be reached during operating hours;
9.11.10. Records of calibration of any monitoring devices as required under subdivisions 9.10.1 through 9.10.18;
9.11.11. Equipment vendor specifications and related operation and maintenance requirements for the incinerator, emission controls, and monitoring equipment;
9.11.12. The information listed in subdivision 9.5.8;
9.11.13. A daily log of the quantity of waste burned and the types of waste burned (always required);
9.11.14. Records of the annual air pollution control device inspections that are required for each CISWI unit subject to the emissions limits in Table 45-18F or Tables 45-18J through 45-18M and records of any required maintenance and any repairs not completed within 10 days of an inspection or the timeframe established by the Secretary;
9.11.15. For continuously monitored pollutants or parameters, document and keep records of the following parameters measured using continuous monitoring systems. If emissions are monitored with a CEMS, the owner or operator shall indicate which data are CEMS data during startup and shutdown:
9.11.15.a. All 6-minute average levels of opacity;
9.11.15.b. All 1-hour average concentrations of sulfur dioxide emissions;
9.11.15.c. All 1-hour average concentrations of nitrogen oxides emissions;
9.11.15.d. All 1-hour average concentrations of carbon monoxide emissions;
9.11.15.e. All 1-hour average concentrations of particulate matter emissions;
9.11.15.f. All 1-hour average concentrations of mercury emissions;
9.11.15.g. All 1-hour average concentrations of HCl CEMS outputs;
9.11.15.h. All 1-hour average percent oxygen concentrations; and
9.11.15.i. All 1-hour average PM CPMS readings or particulate matter CEMS outputs.
9.11.16. Records indicating use of the bypass stack, including dates, times, and durations;
9.11.17. If the owner or operator chooses to stack test less frequently than annually, consistent with paragraph 9.9.26.c, the owner or operator shall keep annual records that document that the emissions in the previous stack test(s) were less than 75% of the applicable emission limit and document that there was no change in source operations, including fuel composition and operation of air pollution control equipment that would cause emissions of the relevant pollutant to increase within the past year;
9.11.18. Records of the occurrence and duration of each malfunction of operation (i.e., process equipment) or the air pollution control and monitoring equipment;
9.11.19. Records of all required maintenance performed on the air pollution control and monitoring equipment;
9.11.20. Records of actions taken during periods of malfunction to minimize emissions in accordance with 40 CFR § 60.11(d), including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation;
9.11.21. For operating units that combust non-hazardous secondary materials that the Secretary has determined are not solid waste pursuant to 40 CFR § 241.3(b)(1), records which document how the secondary material meets each of the legitimacy criteria under 40 CFR § 241.3(d)(1); if the owner or operator combusts a fuel that has been processed from a discarded non-hazardous secondary material pursuant to 40 CFR § 241.3(b)(4), records as to how the operations that produced the fuel satisfies the definition of processing in 40 CFR § 241.2 and each of the legitimacy criteria in 40 CFR § 241.3(d)(1); if the fuel received a non-waste determination pursuant to the petition process submitted under 40 CFR § 241.3(c), records that document how the fuel satisfies the requirements of the petition process; for operating units that combust nonhazardous secondary materials as fuel per 40 CFR § 241.4, records documenting that the material is a listed non-waste under 40 CFR § 241.4(a);
9.11.22. Records of the criteria used to establish that the unit qualifies as a small power production facility under Section 3(17)(C) of the Federal Power Act (16 U.S.C. § 796(17)(C)) and that the waste material the unit is proposed to burn is homogeneous;
9.11.23. Records of the criteria used to establish that the unit qualifies as a cogeneration facility under Section 3(18)(B) of the Federal Power Act (16 U.S.C. § 796(18)(B)) and that the waste material the unit is proposed to burn is homogeneous; and
9.11.24. The owner or operator shall have all records available onsite in either paper copy or computer-readable format that can be printed upon request, unless an alternative format is approved by the Secretary.
9.12. Reporting requirements.
9.12.1. The owner or operator shall comply with the reporting requirements provided in Table 45-18I.
9.12.2. The owner or operator shall submit a waste management plan no later than the date specified in Table 45-18E for submittal of the final control plan.
9.12.3. The owner or operator shall submit the information specified in paragraphs 9.12.3.a through 9.12.3.c no later than 60 days following the initial performance test, with all reports signed by the facilities manager:
9.12.3.a. The complete test report for the initial performance test results obtained under subdivision 9.8.1, as applicable;
9.12.3.b. The values for the site-specific operating limits established in subdivision 9.6.3 through paragraph 9.6.11.e or subdivision 9.6.12; and
9.12.3.c. Documentation that a bag leak detection system has been installed and is being operated, calibrated, and maintained as required by subdivision 9.10.2, if the owner or operator is using a fabric filter to comply with the emission limitations.
9.12.4. The owner or operator shall submit an annual report no later than 12 months following the submission of the information in subdivision 9.12.3 and no more than every 12 months thereafter. If the unit is subject to Title V permitting requirements under 45CSR30, the owner or operator may be required by the permit to submit these reports more frequently.
9.12.5. The owner or operator shall include the items listed in paragraphs 9.12.5.a through 9.12.5.p below in the annual report required under subdivision 9.12.4:
9.12.5.a. Company name and address;
9.12.5.b. Statement by a responsible official, with that official’s name, title, and signature, certifying the accuracy of the content of the report;
9.12.5.c. Date of report and beginning and ending dates of the reporting period;
9.12.5.d. The values for the operating limits established pursuant to subdivision 9.6.3 through paragraph 9.6.11.e or subdivision 9.6.12;
9.12.5.e. A statement that there was no deviation from the emission limitations or operating limits during the reporting period, if the facility has not experienced a deviation from any applicable emission limitation or operating limit;
9.12.5.f. The highest recorded 3-hour average and the lowest recorded 3-hour average (30-day average for energy recovery units), as applicable, for each operating parameter recorded for the calendar year being reported;
9.12.5.g. Information recorded under paragraph 9.11.2.f and subdivisions 9.11.3 through 9.11.5 for the calendar year being reported;
9.12.5.h. If a performance test was conducted during the reporting period, the process unit tested, the pollutant tested and the performance test date. The owner or operator shall not submit the performance test report later than the date of submittal of the annual report and shall follow the procedure specified in subparagraph 9.12.10.b.1;
9.12.5.i. A statement that the facility met the requirements of paragraph 9.9.26.a or 9.9.26.b, and, therefore, was not required to conduct a performance test during the reporting period, if the facility met the requirements of paragraph 9.9.26.a or 9.9.26.b, and the owner or operator did not conduct a performance test during the reporting period;
9.12.5.j. Documentation of periods when all qualified CISWI unit operators were unavailable for more than 8 hours, but less than 2 weeks;
9.12.5.k. A record including the number, duration, and brief description for each type of malfunction that occurred during the reporting period and that caused or may have caused an exceedance of any applicable emission limitation, if the facility experienced a malfunction during the reporting period, as well as a description of actions taken during a malfunction of an affected source to minimize emissions in accordance with 40 CFR § 60.11(d), including actions taken to correct a malfunction;
9.12.5.l. For each deviation from an emission or operating limitation that occurs for a CISWI unit for which the owner or operator is not using a CMS to comply with the emission or operating limitations in section 9, the annual report shall contain the following information:
9.12.5.l.1. The total operating time of the CISWI unit at which the deviation occurred during the reporting period; and
9.12.5.l.2. Information on the number, duration, and cause of deviations (including unknown cause, if applicable), as applicable, and the corrective action taken.
9.12.5.m. If there were periods during which the continuous monitoring system, including the CEMS, was out of control as specified in paragraph 9.12.5.o, the annual report shall contain the following information for each deviation from an emission or operating limitation occurring for a CISWI unit for which the owner or operator is using a continuous monitoring system to comply with the emission and operating limitations in section 9:
9.12.5.m.1. The date and time that each malfunction started and stopped;
9.12.5.m.2. The date, time, and duration that each CMS was inoperative, except for zero (low-level) and high-level checks;
9.12.5.m.3. The date, time, and duration that each continuous monitoring system was out of control, including start and end dates and hours and descriptions of corrective actions taken;
9.12.5.m.4. The date and time that each deviation started and stopped and whether each deviation occurred during a period of malfunction or during another period;
9.12.5.m.5. A summary of the total duration of the deviation during the reporting period and the total duration as a percent of the total source operating time during that reporting period;
9.12.5.m.6. The total duration of the deviations during the reporting period categorized according to each of the following attributed causes: control equipment problems, process problems, other known causes, and other unknown causes;
9.12.5.m.7. A summary of the total duration of continuous monitoring system downtime during the reporting period and the total duration of continuous monitoring system downtime as a percent of the total operating time of the CISWI unit at which the continuous monitoring system downtime occurred during that reporting period;
9.12.5.m.8. An identification of each parameter and pollutant that was monitored at the CISWI unit;
9.12.5.m.9. A brief description of the CISWI unit;
9.12.5.m.10. A brief description of the continuous monitoring system;
9.12.5.m.11. The date of the latest continuous monitoring system certification or audit; and
9.12.5.m.12. A description of any changes in continuous monitoring system, processes or controls since the last reporting period.
9.12.5.n. If there were periods during which the continuous monitoring system, including the CEMS, was not out of control as specified in paragraph 9.12.5.o, a statement that there were not periods during which the continuous monitoring system was out of control during the reporting period;
9.12.5.o. A continuous monitoring system is out of control if any of the following occur:
9.12.5.o.1. The zero (low-level), mid-level (if applicable) or high-level calibration drift exceeds 2 times the applicable calibration drift specification in the applicable performance specification or in the relevant standard;
9.12.5.o.2. The continuous monitoring system fails a performance test audit (e.g., cylinder gas audit), relative accuracy audit, relative accuracy test audit or linearity test audit; or
9.12.5.o.3. The continuous opacity monitoring system calibration drift exceeds 2 times the limit in the applicable performance specification in the relevant standard; and
9.12.5.p. For energy recovery units, include the annual heat input and average annual heat input rate of all fuels being burned in the unit to verify which subcategory of energy recovery unit applies.
9.12.6. Deviation from the operating limits or emission limitations.
9.12.6.a. The owner or operator shall submit a deviation report if any recorded 3-hour average (30-day average for energy recovery units or for PM CPMS) parameter level is above the maximum operating limit or below the minimum operating limit established under section 9, if the bag leak detection system alarm sounds for more than 5 percent of the operating time for the 6-month reporting period, if a performance test was conducted that deviated from any emission limitation, if a 30-day average measured using a CEMS deviated from any emission limitation.
9.12.6.b. The owner or operator shall submit the deviation report by August 1 of that year for data collected during the first half of the calendar year (January 1 to June 30), and by February 1 of the following year for data collected during the second half of the calendar year (July 1 to December 31).
9.12.7. In each report required under subdivision 9.12.6, for any pollutant or parameter that deviated from the emission limitations or operating limits specified in section 9, the owner or operator shall include the items described in paragraphs 9.12.7.a through 9.12.7.d below:
9.12.7.a. The calendar dates and times the unit deviated from the emission limitations or operating limit requirements;
9.12.7.b. The averaged and recorded data for those dates;
9.12.7.c. Durations and causes of the following:
9.12.7.c.1. Each deviation from emission limitations or operating limits and corrective actions; and
9.12.7.c.2. Bypass events and corrective actions;
9.12.7.d. A copy of the operating limit monitoring data during each deviation and any test report that documents the emission levels, the process unit tested, the pollutant tested and the date that the performance test was conducted. The owner or operator shall not submit the performance test report later than the submittal date of the deviation report according to the subparagraph 9.12.10.b.1.
9.12.8. Deviation from the requirement to have a qualified operator accessible. -- If no qualified operator is accessible for 2 weeks or more, the owner or operator shall take the actions in paragraphs 9.12.8.a and 9.12.8.b below:
9.12.8.a. Submit a notification of the deviation within 10 days that includes the 3 items in subparagraphs 9.12.8.a.1 through 9.12.8.a.3 below:
9.12.8.a.1. A statement of what caused the deviation;
9.12.8.a.2. A description of what the owner or operator is doing to ensure that a qualified operator is accessible; and
9.12.8.a.3. The date when the owner or operator anticipates that a qualified operator will be available;
9.12.8.b. Submit a status report to the Administrator and Secretary every 4 weeks that includes the 3 items in subparagraphs 9.12.8.b.1 through 9.12.8.b.3 below:
9.12.8.b.1. A description of what the owner or operator is doing to ensure that a qualified operator is accessible;
9.12.8.b.2. The date when the owner or operator anticipates that a qualified operator will be accessible; and
9.12.8.b.3. A request for approval from the Administrator to continue operation of the CISWI unit.
9.12.8.c. If the Administrator shuts down the unit under the provisions of paragraph 9.12.8.b due to the owner’s or operator’s failure to provide an accessible qualified operator, the owner or operator shall notify the Administrator and Secretary that the unit is resuming operation once a qualified operator is accessible.
9.12.9. Other notifications and reports.
9.12.9.a. The owner or operator shall submit notifications as provided by 40 CFR § 60.7 and 45CSR16.
9.12.9.b. If the owner or operator ceases combusting solid waste but continues to operate, the owner or operator shall provide 30 days prior notice of the effective date of the waste-to-fuel switch, consistent with subdivision 9.9.1. The notification shall identify:
9.12.9.b.1. The name of the owner or operator of the CISWI unit, the location of the source, the emissions unit(s) that will cease burning solid waste, and the date of the notice;
9.12.9.b.2. The currently applicable subcategory under section 9 of this rule, and any 40CFR63 subpart and subcategory that will be applicable after the unit ceases combusting solid waste;
9.12.9.b.3. The fuel(s), non-waste material(s), and solid waste(s) the CISWI unit is currently combusting and has combusted over the past 6 months, and the fuel(s) or non-waste materials the unit will commence combusting;
9.12.9.b.4. The date on which the unit became subject to the currently applicable emission limits; and
9.12.9.b.5. The date upon which the unit will cease combusting solid waste and the date (if different) that the owner or operator intends for any new requirements to become applicable (i.e., the effective date of the waste to fuel switch), consistent with subparagraphs 9.12.9.b.2 and 9.12.9.b.3.
9.12.10. Form of reports.
9.12.10.a. The owner or operator shall submit initial, annual, and deviation reports electronically or in paper format, dated or postmarked on or before the submittal due dates. Beginning on April 16, 2021 or once the reporting form has been available in Compliance and Emissions Data Reporting Interface (CEDRI) for 1 year, whichever is later, the owner or operator shall submit subsequent reports on or before the submittal dates to the EPA via the CEDRI, which can be accessed through the EPA’s Central Data Exchange (CDX) on EPA’s website. The owner or operator shall use the appropriate electronic report in CEDRI or an alternate electronic file format consistent with the extensible markup language (XML) schema listed on the CEDRI website. The owner or operator shall submit the reports by the deadlines specified in this subpart, regardless of the method by which the owner or operator submits the report.
9.12.10.b. Submit results of performance tests and CEMS performance evaluation tests as follows:
9.12.10.b.1. Within 60 days after the date of completing each performance test as required by section 9, the owner or operator shall submit the results of the performance tests following the procedure specified in either part 9.12.10.b.1.A or 9.12.10.b.1.B below:
9.12.10.b.1.A. For data collected using test methods supported by the EPA’s electronic reporting tool (ERT) at the time of the test, as listed on the EPA’s ERT website, the owner or operator shall submit the results of the performance test to the EPA via the CEDRI, which can be accessed through the EPA’s CDX website. The owner or operator shall submit performance test data in a file format generated through the use of the EPA’s ERT or an alternate electronic file format consistent with the XML schema listed on the EPA’s ERT website. If the owner or operator claims that some of the performance test information being submitted is confidential business information (CBI), the owner or operator shall submit a complete file generated through the use of the EPA’s ERT or an alternate electronic file consistent with the XML schema listed on the EPA’s ERT website, including information claimed to be CBI, on a compact disc, flash drive or other commonly used electronic storage media to the EPA. The owner or operator shall clearly mark the electronic media as CBI and mail it to the address listed on EPA’s website. The owner or operator shall submit the same ERT or alternate file with the CBI omitted to the EPA via the EPA’s CDX as described earlier in this paragraph; and
9.12.10.b.1.B. For data collected using test methods that are not supported by the EPA’s ERT as listed on the EPA’s ERT website at the time of the test, the owner or operator shall submit the results of the performance test to the Administrator at the appropriate address listed in 40 CFR § 60.4.
9.12.10.b.2. Within 60 days after the date of completing each CEMS performance evaluation test as defined and required by section 9, the owner or operator shall submit the performance evaluation results following the procedures specified in either part 9.12.10.b.2.A or 9.12.10.b.2.B below:
9.12.10.b.2.A. For performance evaluations of continuous monitoring systems measuring relative accuracy test audit (RATA) pollutants that are supported by the EPA’s ERT as listed on the EPA’s ERT website at the time of the evaluation, the owner or operator shall submit the performance evaluation results to the EPA via the CEDRI. The owner or operator shall submit the performance evaluation data in a file format generated through the use of the EPA’s ERT or an alternate file format consistent with the XML schema listed on the EPA’s ERT website. If the owner or operator claims that some of the performance evaluation information being submitted is CBI, the owner or operator shall submit a complete file generated through the use of the EPA’s ERT or an alternate electronic file consistent with the XML schema listed on the EPA’s ERT website, including information claimed to be CBI, on a compact disc, flash drive or other commonly used electronic storage media to the EPA. The owner or operator shall clearly mark the electronic storage media as CBI and mail it to the appropriate address listed on EPA’s ERT website. The owner or operator shall submit the same ERT or alternate file with the CBI omitted to the EPA via the EPA’s CDX as described earlier in this paragraph; and
9.12.10.b.2.B. For any performance evaluations of continuous monitoring systems measuring RATA pollutants that are not supported by the EPA’s ERT as listed on the EPA’s ERT website at the time of the evaluation, the owner or operator shall submit the performance evaluation results to the Administrator at the appropriate address listed in 40 CFR § 60.4.
9.12.10.c. If the owner or operator is required to electronically submit a report through the Compliance and Emissions Data Reporting Interface (CEDRI) in the EPA's Central Data Exchange (CDX), and due to a planned or actual outage of either the EPA's CEDRI or CDX systems within the period of time beginning 5 business days prior to the date that the submission is due, the owner or operator will be or is precluded from accessing CEDRI or CDX and submitting a required report within the time prescribed, the owner or operator may assert a claim of EPA system outage for failure to timely comply with the reporting requirement. The owner or operator shall submit notification to the Administrator in writing as soon as possible following the date the owner or operator first knew, or through due diligence should have known, that the event may cause or caused a delay in reporting. The owner or operator shall provide to the Administrator a written description identifying the date, time and length of the outage; a rationale for attributing the delay in reporting beyond the regulatory deadline to the EPA system outage; describe the measures taken or to be taken to minimize the delay in reporting; and identify a date by which the owner or operator propose to report, or if the owner or operator have already met the reporting requirement at the time of the notification, the date the owner or operator reported. In any circumstance, the report shall be submitted electronically as soon as possible after the outage is resolved. The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator.
9.12.10.d. If the owner or operator is required to electronically submit a report through CEDRI in the EPA's CDX and a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning 5 business days prior to the date the submission is due, the owner or operator may assert a claim of force majeure for failure to timely comply with the reporting requirement. For the purposes of this paragraph, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents the owner or operator from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature (e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or equipment failure or safety hazard beyond the control of the affected facility (e.g., large scale power outage). If the owner or operator intends to assert a claim of force majeure, the owner or operator shall submit notification to the Administrator in writing as soon as possible following the date the owner or operator first knew, or through due diligence should have known, that the event may cause or caused a delay in reporting. The owner or operator shall provide to the Administrator a written description of the force majeure event and a rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event; describe the measures taken or to be taken to minimize the delay in reporting; and identify a date by which the owner or operator propose to report, or if the owner or operator have already met the reporting requirement at the time of the notification, the date the owner or operator reported. In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs. The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator.
9.12.11. Changes to reporting dates. -- If the Secretary agrees, the owner or operator may change the semiannual or annual reporting dates by following the procedures set out in 40 CFR § 60.19(c).
9.13. Requirements for air curtain incinerators (ACIs).
9.13.1. Description. -- An air curtain incinerator operates by forcefully projecting a curtain of air across an open chamber or open pit in which combustion occurs. Incinerators of this type can be constructed above or below ground and with or without refractory walls and floor. Air curtain incinerators are not to be confused with conventional combustion devices with enclosed fireboxes and controlled air technology, such as mass burn, modular, and fluidized bed combustors.
9.13.2. Air curtain incinerators that burn only the materials listed in paragraphs 9.13.2.a through 9.13.2.c below are only required to meet the requirements under subsections 9.13 and 13.3.
9.13.2.a. 100% wood waste;
9.13.2.b. 100% clean lumber; or
9.13.2.c. 100% mixture of only wood waste, clean lumber, and/or yard waste.
9.13.3. Increments of progress. -- If the owner or operator plans to achieve compliance more than 1 year following the effective date of West Virginia’s state plan approval by the federal EPA, the owner or operator shall meet the increments of progress specified below:
9.13.3.a. Submit a final control plan; and
9.13.3.b. Achieve final compliance.
9.13.4. Table 45-18E specifies compliance dates for each of the increments of progress.
9.13.5. Notifications of achievement. -- The owner or operator shall include the information in paragraphs 9.13.5.a through 9.13.5.c in the notification of achievement of increments of progress:
9.13.5.a. Notification that the owner or operator has achieved the increment of progress;
9.13.5.b. Any items required to be submitted with each increment of progress (refer to subdivision 9.13.8); and
9.13.5.c. Signature of the owner or operator of the incinerator.
9.13.6. Notifications for achieving increments of progress shall be dated or postmarked no later than 10 business days after the compliance date for the increment.
9.13.7. Failure to meet an increment of progress. -- If the owner or operator fails to meet an increment of progress, the owner or operator shall submit a notification to the Secretary dated or postmarked within 10 business days after the date for that increment of progress in Table 45-18E. The owner or operator shall inform the Secretary that the increment of progress was not met, and the owner or operator shall continue to submit reports each subsequent calendar month until the increment of progress is met.
9.13.8. For the control plan increment of progress, the owner or operator shall satisfy the 2 requirements specified below:
9.13.8.a. Submit the final control plan, including a description of any devices for air pollution control and any process changes that the owner or operator will use to comply with the emission limitations and other requirements of section 9; and
9.13.8.b. Maintain an onsite copy of the final control plan.
9.13.9. For the final compliance increment of progress, the owner or operator shall complete all process changes and retrofit construction of control devices as specified in the final control plan so that, if the affected incinerator is brought online, all necessary process changes and air pollution control devices would operate as designed.
9.13.10. Closure and restart.
9.13.10.a. If the owner or operator closes the incinerator but will reopen it prior to the final compliance date, the owner or operator shall meet the increments of progress specified in subdivision 9.13.3.
9.13.10.b. If the owner or operator closes the incinerator but will restart it after the final compliance date, the owner or operator shall complete emission control retrofits and meet the emission limitations on the date the incinerator restarts operation.
9.13.11. Permanent closure. -- If the owner or operator plans to close the incinerator rather than comply with section 9, the owner or operator shall submit a closure notification, including the date of closure, to the Secretary by the date the final control plan is due.
9.13.12. Emission limitations for air curtain incinerators. -- After the date the initial stack test is required or completed (whichever is earlier), the owner or operator shall meet the limitations in paragraphs 9.13.12.a and 9.13.12.b:
9.13.12.a. Maintain opacity to less than or equal to 10 percent opacity (as determined by the average of 3 1-hour blocks consisting of 10 6-minute average opacity values), except as described in paragraph 9.13.12.b.; and
9.13.12.b. Maintain opacity to less than or equal to 35 percent opacity (as determined by the average of 3 1-hour blocks consisting of 10 6-minute average opacity values) during the startup period that is within the first 30 minutes of operation.
9.13.13. Opacity monitoring for air curtain incinerators. -- The owner or operator shall:
9.13.13.a. Use Method 9 of appendix A of 40CFR60 to determine compliance with the opacity limitation;
9.13.13.b. Conduct an initial test for opacity as specified in 40 CFR § 60.8 no later than 180 days after the final compliance date; and
9.13.13.c. Conduct annual tests no more than 12 calendar months following the date of the initial opacity test.
9.13.14. Recordkeeping and reporting requirements for air curtain incinerators. -- The owner or operator shall:
9.13.14.a. Keep records of results of all initial and annual opacity tests onsite in either paper copy or electronic format, unless the Secretary approves another format, for at least 5 years;
9.13.14.b. Make all records available to the Secretary;
9.13.14.c. Submit an initial report no later than 60 days following the initial opacity test, which includes the information specified in subparagraphs below:
9.13.14.c.1. The types of materials the owner or operator plans to combust in the air curtain incinerator; and
9.13.14.c.2. The results (as determined by the average of 3 1-hour blocks consisting of 10 6-minute average opacity values) of the initial opacity tests;
9.13.14.d. Submit annual opacity test results to the Secretary within 12 months following the previous report; and
9.13.14.e. Submit initial and annual opacity test reports to the Secretary as electronic or paper copy on or before the applicable submittal date and keep a copy onsite for a period of 5 years.
9.14. Authority. -- The following authorities are retained by the Administrator and are not transferred or delegated to the Secretary:
9.14.1. Approval of alternatives to the emission limitations in Table 45-18F and Tables 45-18J through 45-18M and operating limits established under subdivisions 9.6.3 through 9.6.12;
9.14.2. Approval of major alternatives to test methods;
9.14.3. Approval of major alternatives to monitoring;
9.14.4. Approval of major alternatives to recordkeeping and reporting;
9.14.5. The requirements in subdivision 9.6.12 of this rule;
9.14.6. The requirements in subparagraph 9.5.13.b.2 of this rule;
9.14.7. Approval of alternative opacity emission limits in subdivisions 9.6.1 and 9.6.2 of this rule and under 40 CFR §§ 60.11(e)(6) through (e)(8);
9.14.8. Performance test and data reduction waivers under 40 CFR §§ 60.8(b)(4) and (5); and
9.14.9. Approval of an alternative to any electronic reporting to the EPA required by section 9.
W. Va. Code R. § 45-18-10 Requirements for new other solid waste incineration units
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 is subject to the requirements for new OSWI units set forth in section 10. A new OSWI unit is an OSWI unit that either:
10.2.1. Commenced construction after December 9, 2004; or
10.2.2. Commenced modification or reconstruction after June 16, 2006.
W. Va. Code R. § 45-18-11 Requirements for new sewage sludge incinerators
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:
11.2.1. Commenced construction after October 14, 2010; or
11.2.2. Commenced modification after September 21, 2011.
W. Va. Code R. § 45-18-12 Secretary
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”:
12.1.1. Where the federal regulations specifically provide that the Administrator shall retain authority and not transfer such authority to the Secretary;
12.1.2. Where provisions occur which refer to:
12.1.2.a. Alternate means of emission limitations;
12.1.2.b. Alternate control technologies;
12.1.2.c. Innovative technology waivers;
12.1.2.d. Alternate test methods;
12.1.2.e. Alternate monitoring methods;
12.1.2.f. Waivers/adjustments to recordkeeping and reporting;
12.1.2.g. Applicability determinations;
12.1.2.h. The requirements of 40 CFR § 60.56c(i) establishing operating parameters when using controls other than those listed in 40 CFR § 60.56c(d);
12.1.2.i. Alternative methods of demonstrating compliance under 40 CFR § 60.8; and
12.1.2.j. Performance test and data reduction waivers under 40 CFR § 60.8(b).
12.1.3. Where the context of the regulation clearly requires otherwise.
W. Va. Code R. § 45-18-13 Permits
13.1. The owner or operator of existing HMIWI units shall operate pursuant to a Title V permit in accordance with the requirements of 45CSR30.
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 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 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.
W. Va. Code R. § 45-18-14 Exemptions
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:
14.4.1. 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;
14.4.2. 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;
14.4.3. The unit is subject to the requirements of 45CSR6 or 45CSR25; and
14.4.4. The owner or operator of the unit notifies the Administrator and the Secretary that the unit meets these criteria.
14.5. Any incinerator or combustor subject to 40 CFR part 60, subparts Cb, Cc, E, Ea, O, WWW, BBBB, FFFF or MMMM is exempt from the requirements of this rule.
14.6. Any incinerator or combustor subject to 42 U.S.C. § 6925, 45CSR25, and 33CSR20 is exempt from the requirements of this rule.
14.7. Any combustor subject to 40 CFR part 63, subpart EEE is exempt from the requirements of this rule.
W. Va. Code R. § 45-18-15 Effect of the rule
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.
W. Va. Code R. § 45-18-16 Inconsistency between rules
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.
TABLE 45-18A
Emissions limits for small, medium, and large HMIWI at designated facilities as set forth in 45CSR§ 18-7.2.1.a.
Pollutant Units (7 percent oxygen, dry basis)
Emissions Limits Averaging Time1 Compliance Method2 HMIWI Size Small Medium Large Milligrams per dry standard cubic meter (mg/dscm) (grains per dry standard cubic foot (gr/dscf)) 115 (0.05)
(0.03) 34 (0.015)
EPA Reference Method 5 of
appendix A-3 of 40CFR60, or EPA Reference Method 26A or 29 of Parts per million by volume (ppmv)
EPA Reference Method 10 or 10B of appendix A-4 of 40CFR60.
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)
(4-hour minimum EPA Reference Method 23 of
appendix A-7 of 40CFR60. ppmv or percent reduction or 93% or 93% or 93% EPA Reference Method 26 or 26A of appendix A-8 of 40CFR60.
EPA Reference Method 6 or 6C of appendix A-4 of 40CFR60.
EPA Reference Method 7 or 7E of appendix A-4 of 40CFR60. 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% 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% 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% 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).
TABLE 45-18B
Emissions limits for small, medium, and large HMIWI at designated facilities as set forth in 45CSR§§ 18-7.2.1.a and 7.2.1.b.
Pollutant Units (7 percent oxygen, dry basis)
Emissions Limits Averaging Time1 Compliance Method2 HMIWI Size Small Medium Large 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)
EPA Reference Method 5 of
appendix A-3 of 40CFR60, or EPA Reference Method 26A or 29 of appendix A-8 of 40CFR60.
Parts per million by volume (ppmv) 5.5 EPA Reference Method 10 or 10B of appendix A-4 of 40CFR60.
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)
(4-hour minimum EPA Reference Method 23 of appendix A-7 of 40CFR60. 7.7 6.6 EPA Reference Method 26 or 26A of appendix A-8 of 40CFR60. 4.2 4.2 9.0 EPA Reference Method 6 or 6C of appendix A-4 of 40CFR60.
EPA Reference Method 7 or 7E of appendix A-4 of 40CFR60. mg/dscm (grains per thousand dry standard cubic feet (gr/103dscf)) 0.31 (0.14) 0.018 (0.0079) 0.036 (0.016)
EPA Reference Method 29 of appendix A-8 of 40CFR60. 0.017 (0.0074) 0.013 (0.0057) 0.0092 (0.0040)
EPA Reference Method 29 of appendix A-8 of 40CFR60. 0.014 (0.0061) 0.025 (0.011) 0.018 (0.0079)
EPA Reference Method 29 of appendix A-8 of 40CFR60. 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).
TABLE 45-18C
Emissions limits for small HMIWI which meet the criteria under 45CSR§ 18-7.3.2.a.
Pollutant Units (7 percent oxygen, dry basis)
HMIWI
Emissions Limits Averaging Time1 Compliance Method2 mg/dscm (gr/dscf) 197 (0.086)
EPA Reference Method 5 of appendix A-3 of 40CFR60, or EPA Reference Method 26A or 29 of appendix A-8 of 40CFR60.
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)
(4-hour minimum sample time per run)
EPA Reference Method 23 of
appendix A-7 of 40CFR60. 3,100 EPA Reference Method 26 or 26A of EPA Reference Method 6 or 6C of EPA Reference Method 7 or 7E of 10 (4.4) 4 (1.7) 7.5 (3.3) 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).
TABLE 45-18D
Emissions limits for small HMIWI which meet the criteria under 45CSR§ 18-7.3.2.b.
Pollutant Units (7 percent oxygen, dry basis)
HMIWI
Emissions Limits Averaging Time1 Compliance Method2 mg/dscm (gr/dscf) 87 (0.038)
EPA Reference Method 5 of appendix A-3 of 40CFR60, or EPA Reference Method 26A or 29 of appendix A-8 of 40CFR60.
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)
(4-hour minimum sample time per run)
EPA Reference Method 23 of
appendix A-7 of 40CFR60.
EPA Reference Method 26 or 26A of EPA Reference Method 6 or 6C of EPA Reference Method 7 or 7E of 0.50 (0.22) 0.11 (0.048) 0.0051 (0.0022) 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).
TABLE 45-18E
Increments of progress and compliance schedules for existing CISWI units Comply with these increments of progress By no later thana Increment 1. -- The owner or operator of an existing CISWI unit shall submit a final control plan to the Secretary as expeditiously as practicable after approval of the West Virginia § 111(d)/129 plan.
February 7, 2016 Increment 2. -- The owner or operator of an existing CISWI unit shall achieve final compliance as expeditiously as practicable after approval of the West Virginia § 111(d)/129 plan.
February 7, 2018; or 3 years after the effective date of West Virginia § 111(d)/129 plan approval.b a Site-specific schedules can be used at the discretion of the Secretary. b The date can be no later than 3 years after the effective date of state plan approval or December 1, 2005 for CISWI units that commenced construction on or before November 30, 1999. The date can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 2018 for CISWI units that commenced construction on or before June 4, 2010.
TABLE 45-18F
Emission limits for existing commercial and industrial solid waste incinerators that apply before February 7, 2018b Emission limit a Averaging time Performance test methods 0.004 milligrams per dry standard cubic meter.
Performance test (Method 29 of 40CFR60, appendix A) 157 parts per million by dry volume.
Performance test (Method 10, 10A, or 10B, of 40CFR60, appendix A) 0.41 nanograms per dry standard cubic meter.
Performance test (Method 23 of 40CFR60, appendix A) 62 parts per million by dry volume. 3-run average (For Method 26, collect a minimum volume of 120 liters per run. For Method 26A, collect a minimum volume of 1 dry standard cubic meter per run).
Performance test (Method 26 or 26A of 40CFR60, appendix A-8) 0.04 milligrams per dry standard cubic meter.
Performance test (Method 29 of 40CFR60, appendix A) 0.47 milligrams per dry standard cubic meter.
Performance test (Method 29 or 30B of 40CFR60, appendix A-8) or ASTM D6784–02 (reapproved 2008) 388 parts per million by dry volume.
Performance test (Method 7 or 7E of 40CFR60, appendix A-4)
Opacity 10 percent 3 1-hour blocks consisting of 10 6-minute average opacity values.
Performance test (Method 9 of 40CFR60, appendix A-4) 70 milligrams per dry standard cubic meter.
Performance test (Method 5 or 29 of 40CFR60, appendix A) 20 parts per million by dry volume.
Performance test (Method 6 or 6C of 40CFR60, appendix A) aAll emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. bApplies only to incinerators subject to the CISWI standards through a state plan prior to June 4, 2010. The date specified in the state plan can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 2018.
TABLE 45-18G
Operating limits for wet scrubbers For these operating parameters You shall establish these operating limits And monitor using these minimum frequencies Data measurement Data recording Averaging time Charge rate Maximum charge rate Continuous Every hour Daily (batch units). 3-hour rolling (continuous and intermittent units)a Pressure drop across the wet scrubber or amperage to wet scrubber Minimum pressure drop or amperage Continuous Every 15 minutes 3-hour rollinga Scrubber liquor flow rate Minimum flow rate Continuous Every 15 minutes 3-hour rollinga Scrubber liquor pH Minimum pH Continuous Every 15 minutes 3-hour rollinga a Calculated each hour as the average of the previous 3 operating hours.
TABLE 45-18H
Toxic equivalency factors Dioxin/Furan isomer Toxic equivalency factor 2,3,7,8-tetrachlorinated dibenzo-p-dioxin 1,2,3,7,8-pentachlorinated dibenzo-p-dioxin 0.5 1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin 1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin 1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin 1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin 0.01 octachlorinated dibenzo-p-dioxin 0.001 2,3,7,8-tetrachlorinated dibenzofuran 2,3,4,7,8-pentachlorinated dibenzofuran 0.5 1,2,3,7,8-pentachlorinated dibenzofuran 0.05 1,2,3,4,7,8-hexachlorinated dibenzofuran 1,2,3,6,7,8-hexachlorinated dibenzofuran 1,2,3,7,8,9-hexachlorinated dibenzofuran 2,3,4,6,7,8-hexachlorinated dibenzofuran 1,2,3,4,6,7,8-heptachlorinated dibenzofuran 0.01 1,2,3,4,7,8,9-heptachlorinated dibenzofuran 0.01 octachlorinated dibenzofuran 0.001 TABLE 45-18I Summary of reporting requirements for existing CISWI unitsa Report Due date Contents Reference Waste Management Plan No later than the date specified in Table 45-18E for submittal of the final control plan Waste management plan. subdivision 9.12.2 Initial Test Report No later than 60 days following the initial performance test Complete test report for the initial performance test.
The values for the site-specific operating limits.
Installation of bag leak detection systems for fabric filters. subdivision 9.12.3 Annual Report No later than 12 months following the submission of the initial test report. Subsequent reports are to be submitted no more than 12 months following the previous report.
Name and address.
Statement and signature by responsible official.
Date of report.
Values for the operating limits.
Highest recorded 3-hour average and the lowest 3-hour average, as applicable (or 30-day average, if applicable), for each operating parameter recorded for the calendar year being reported.
If a performance test was conducted during the reporting period, the results of the test.
If a performance test was not conducted during the reporting period, a statement that the requirements of paragraph 9.9.27.c were met.
Documentation of periods when all qualified CISWI unit operators were unavailable for more than 8 hours but less than 2 weeks.
If you are conducting performance tests once every 3 years consistent with paragraph 9.9.27.c, the date of the last 2 performance tests, a comparison of the emission level you achieved in the last 2 performance tests to the 75 percent emission limit threshold required in paragraph 9.9.27.c and a statement as to whether there have been any operational changes since the last performance test that could increase emissions.
Any malfunction, deviation, or continuous monitoring system out of control periods information as specified in 9.12.5.k through 9.12.5.o.
Fuel input information for energy recovery unit subcategory verification as specified in 9.12.5.p. subdivisions 9.12.4 and 9.12.5 Emission Limitation or Operating Limit Deviation Report.
By August 1 of that year for data collected during the first half of the calendar year. By February 1 of the following year for data collected during the second half of the calendar year.
Dates and times of deviation.
Averaged and recorded data for those dates.
Duration and causes of each deviation and the corrective actions taken.
Copy of operating limit monitoring data and any test reports.
Dates, times and causes for monitor downtime incidents. subdivisions 9.12.6 and 9.12.7 Qualified Operator Deviation Notification Within 10 days of deviation Statement of cause of deviation.
Description of efforts to have an accessible qualified operator.
The date a qualified operator will be accessible. paragraph 9.12.8.a Qualified Operator Deviation Status Report Every 4 weeks following deviation Description of efforts to have an accessible qualified operator.
The date a qualified operator will be accessible.
Request for approval to continue operation. paragraph 9.12.8.b Qualified Operator Deviation Notification of Resumed Operation Prior to resuming operation Notification that you are resuming operation. paragraph 9.12.8.c a This table is only a summary, see the referenced subdivisions and paragraphs for the complete requirements.
TABLE 45-18J
Emission limits for existing commercial and industrial solid waste incinerators that apply on and after February 7, 2018a Emission limitb Averaging timec Performance test methodsc 0.0026 milligrams per dry standard cubic meter.
Performance test (Method 29 of 40CFR60, appendix A-8). Use ICPMS for the analytical finish. 17 parts per million by dry volume.
Performance test (Method 10 at 40CFR60, appendix A-4).
Dioxins/furans (total mass basis) 4.6 nanograms per dry standard cubic meter.
Performance test (Method 23 at 40CFR60, appendix A-7). 0.13 nanograms per dry standard cubic meter.
Performance test (Method 23 of 40CFR60, appendix A-7). 29 parts per million by dry volume. 3-run average (For Method 26, collect a minimum volume of 60 liters per run. For Method 26A, collect a minimum volume of 1 dry standard cubic meter per run).
Performance test (Method 26 or 26A of 40CFR60, appendix A-8). 0.015 milligrams per dry standard cubic meter.
Performance test (Method 29 of 40CFR60, appendix A-8). Use ICPMS for the analytical finish. 0.0048 milligrams per dry standard cubic meter. 3-run average (For Method 29 and ASTM D6784–02 (Reapproved 2008), collect a minimum volume of 2 dry standard cubic meters per run. For Method 30B, collect a minimum sample as specified in Method 30B at 40CFR60, appendix A).
Performance test (Method 29 or 30B of 40CFR60, appendix A-8) or ASTM D6784–02 (Reapproved 2008). 53 parts per million by dry volume. 3-run average (for Method 7E, 1-hour minimum sample time per run).
Performance test (Method 7 or 7E of 40CFR60, appendix A-4).
Particulate matter filterable 34 milligrams per dry standard cubic meter.
Performance test (Method 5 or 29 of 40CFR60, appendix A-3 or appendix A-8). 11 parts per million by dry volume.
Performance test (Method 6 or 6C of 40CFR60, appendix A-4).
Fugitive ash Visible emissions for no more than 5% of the hourly observation period. 3 1-hour observation periods.
Visible emission test (Method 22 at 40CFR60, appendix A-7). a The date specified in the state plan can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 2018. b All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, the owner or operator shall meet either the total mass basis limit or the toxic equivalency basis limit. c In lieu of performance testing, the owner or operator may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and continuing compliance with an emissions limit, as long as the owner or operator complies with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in 9.9.1 through 9.9.27 and 9.10.1 through 9.10.20. As prescribed in 9.9.21, if the owner or operator uses a CEMS or integrated sorbent trap monitoring system to demonstrate compliance with an emissions limit, the averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations.
TABLE 45-18K
Emission limits that apply to energy recovery units after February 7, 2018 a Emission limitation b Averaging timec Performance test methodsc Liquid/Gas Solids 0.023 milligrams per dry standard cubic meter.
Biomass - 0.0014 milligrams per dry standard cubic meter.
Coal - 0.0017 milligrams per dry standard cubic meter.
Performance test (Method 29 of 40CFR60, appendix A-8). Use ICPMS for the analytical finish. 35 parts per million by dry volume.
Biomass - 260 parts per million dry volume.
Coal - 95 parts per million dry volume.
Performance test (Method 10 at 40CFR60, appendix A-4).
Dioxins/furans (total mass basis) 2.9 nanograms per dry standard cubic meter.
Biomasss - 0.52 nanograms per dry standard cubic meter.
Coal - 5.1 nanograms per dry standard cubic meter. 3-run average (collect a minimum volume of 4 dry standard cubic meters).
Performance test (Method 23 at 40CFR60, appendix A-7). 0.32 nanograms per dry standard cubic meter.
Biomass - 0.12 nanograms per dry standard cubic meter.
Coal - 0.075 nanograms per dry standard cubic meter. 3-run average (collect a minimum volume of 4 dry standard cubic meters).
Performance test (Method 23 of 40CFR60, appendix A-7). 14 parts per million by dry volume.
Biomass- 0.20 parts per million dry volume.
Coal - 58 parts per million dry volume. 3-run average (for Method 26, collect a minimum of 120 liters; for Method 26A, collect a minimum volume of 1 dry standard cubic meter).
Performance test (Method 26 or 26A of 40CFR60, appendix A-8). 0.096 milligrams per dry standard cubic meter.
Biomass - 0.014 milligrams per dry standard cubic meter.
Coal - 0.057 milligrams per dry standard cubic meter.
Performance test (Method 29 of 40CFR60, appendix A-8). Use ICPMS for the analytical finish. 0.0024 milligrams per dry standard cubic meter.
Biomass- 0.0022 milligrams per dry standard cubic meter.
Coal - 0.013 milligrams per dry standard cubic meter. 3-run average (For Method 29 and ASTM D6784–02 (Reapproved 2008), collect a minimum volume of 2 dry standard cubic meters per run. For Method 30B, collect a minimum sample as specified in Method 30B at 40CFR60, appendix A.
Performance test (Method 29 or 30B of 40CFR60, appendix A-8) or ASTM D6784–02 (Reapproved 2008). 76 parts per million by dry volume.
Biomass - 290 parts per million dry volume.
Coal - 460 parts per million dry volume. 3-run average (for Method 7E, 1-hour minimum sample time per run).
Performance test (Method 7 or 7E of 40CFR60, appendix A-4).
Particulate matter filterable 110 milligrams per dry standard cubic meter.
Biomass - 11 milligrams per dry standard cubic meter. Coal - 130 milligrams per dry standard cubic meter.
Performance test (Method 5 or 29 of 40CFR60, appendix A-3 or appendix A-8). 720 parts per million by dry volume.
Biomass - 7.3 parts per million dry volume.
Coal - 850 parts per million dry volume.
Performance test (Method 6 or 6C of 40CFR60, appendix A-4).
Fugitive ash Visible emissions for no more than 5% of the hourly observation period.
Visible emissions for no more than 5% of the hourly observation period. 3 1-hour observation periods.
Visible emission test (Method 22 at 40CFR60, appendix A-7). a The date specified in the state plan can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 2018. b All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, the owner or operator shall meet either the total mass basis limit or the toxic equivalency basis limit. c In lieu of performance testing, the owner or operator may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and continuing compliance with an emissions limit, as long as the owner or operator complies with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in 9.9.1 through 9.9.26 and 9.10.1 through 9.10.20. As prescribed in 9.9.21, if the owner or operator uses a CEMS or integrated sorbent trap monitoring system to demonstrate compliance with an emissions limit, the averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations.
TABLE 45-18L
Emission limits that apply to waste-burning kilns after February 7, 2018a Emission limitb Averaging timec Performance test methodsc, d 0.0014 milligrams per dry standard cubic meter.
Performance test (Method 29 of 40CFR60, appendix A-8). 110 (long kilns)/790 (preheater-precalciner) parts per million dry volume.
Performance test (Method 10 at 40CFR60, appendix A-4).
Dioxins/furans (total mass basis) 1.3 nanograms per dry standard cubic meter. 3-run average (collect a minimum volume of 4 dry standard cubic meters).
Performance test (Method 23 at 40CFR60, appendix A-7). 0.075 nanograms per dry standard cubic meter. 3-run average (collect a minimum volume of 4 dry standard cubic meters).
Performance test (Method 23 of 40CFR60, appendix A-7). 3.0 parts per million dry volume. 3-run average (collect a minimum volume of 1 dry standard cubic meter) or 30-day rolling average if HCL CEMS is being used.
If a wet or dry scrubber is used, performance test (Method 321 at 40CFR63, appendix A) or HCL CEMS if a wet scrubber or dry scrubber is not used, as specified in subdivision 9.9.j. 0.014 milligrams per dry standard cubic meter.
Performance test (Method 29 of 40CFR60, appendix A-8). 0.011 milligrams per dry standard cubic meter or 58 pounds/million tons of clinker. 30-day rolling average.
Mercury CEMS or integrated sorbent trap monitoring system (performance specification 12A or 12B, respectively, of appendix B and procedure 5 of appendix F of 40CFR60), as specified in subdivision 9.9.j. 630 parts per million by dry volume. 3-run average (for Method 7E, 1-hour minimum sample time per run).
Performance test (Method 7 or 7E of 40CFR60, appendix A-4).
Particulate matter filterable 13.5 milligrams per dry standard cubic meter.
Performance test (Method 5 or 29 at 40CFR60, appendix A-3 or appendix -8. 600 parts per million by dry volume. 3-run average (for Method 6, collect a minimum of 20 liters; for Method 6C, 1-hour minimum sample time per run).
Performance test (Method 6 or 6C of 40CFR60, appendix A-4). a The date specified in the Sate Plan can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 2018. b All emission limitations are measured at 7 percent oxygen (except for CEMS and integrated sorbent trap monitoring system data during startup and shutdown), dry basis at standard conditions. For dioxins/furans, the owner or operator shall meet either the total mass basis limit or the toxic equivalency basis limit. c In lieu of performance testing, the owner or operator may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and continuing compliance with an emissions limit, as long as the owner or operator complies with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in 9.9.1 through 9.9.25 and 9.10.1 through 9.10.20. As prescribed in 9.9.21, if the owner or operator uses a CEMS or integrated sorbent trap monitoring system to demonstrate compliance with an emissions limit, the averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations. d Alkali bypass and in-line coal mill stacks are subject to performance testing only, as specified in paragraph 9.9.25.c. They are not subject to the CEMS, integrated sorbent trap monitoring system, or CPMS requirements that otherwise may apply to the main kiln exhaust.
TABLE 45-18M
Emission limits that apply to small, remote incinerators after February 7, 2018a Emission limitb Averaging timec Performance test methodsc 0.95 milligrams per dry standard cubic meter. 3-run average (collect a minimum volume of 1 dry standard cubic meters per run).
Performance test (Method 29 of 40CFR60, appendix A-8). 64 parts per million dry volume.
Performance test (Method 10 at 40CFR60, appendix A-4).
Dioxins/furans (total mass basis) 4400 nanograms per dry standard cubic meter. 3-run average (collect a minimum volume of 1 dry standard cubic meters per run).
Performance test (Method 23 at 40CFR60, appendix A-7). 180 nanograms per dry standard cubic meter.
Performance test (Method 23 of 40CFR60, appendix A-7).
Fugitive ash Visible emissions for no more than 5% of the hourly observation period. 3 1-hour observation periods.
Visible emission test (Method 22 at 40CFR60, appendix A-7). 300 parts per million dry volume. 3-run average (For Method 26, collect a minimum volume of 120 liters per run. For Method 26A, collect a minimum volume of 1 dry standard cubic meter per run).
Performance test (Method 26 or 26A at 40CFR60, appendix A-8). 2.1 milligrams per dry standard cubic meter.
Performance test (Method 29 of 40CFR60, appendix A-8). Use ICPMS for the analytical finish. 0.0053 milligrams per dry standard cubic meter. 3-run average (For Method 29 and ASTM D6784–02 (Reapproved 2008), collect a minimum volume of 2 dry standard cubic meters per run. For Method 30B, collect a minimum sample as specified in Method 30B at 40CFR60, appendix A).
Performance test (Method 29 or 30B at 40CFR60, appendix A–8) or ASTM D6784-02 (Reapproved 2008). 190 parts per million by dry volume. 3-run average (for Method 7E, 1-hour minimum sample time per run).
Performance test (Method 7 or 7E of 40CFR60, appendix A-4).
Particulate matter (filterable) 270 milligrams per dry standard cubic meter.
Performance test (Method 5 or 29 at 40CFR60, appendix A-3 or appendix A-8). 150 parts per million dry volume. 3-run average (for Method 6, collect a minimum of 20 liters per run; for Method 6C, 1-hour minimum sample time per run).
Performance test (Method 6 or 6C of 40CFR60, appendix A-4). a The date specified in the state plan can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 2018. b All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, the owner or operator shall meet either the total mass basis limit or the toxic equivalency basis limit. c In lieu of performance testing, the owner or operator may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and continuing compliance with an emissions limit, as long as the owner or operator complies with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in 9.9.1 through 9.9.26 and 9.10.1 through 9.10.20. As prescribed in 9.9.21, if the owner or operator uses a CEMS or integrated sorbent trap monitoring system to demonstrate compliance with an emissions limit, the averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations.
Series 19 Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas
W. Va. Code R. § 45-19-1 General
1.1.Scope. -- This rule establishes and adopts a preconstruction permit program to satisfy the requirements of §§172(c)(5) and 173 of the Clean Air Act (CAA) and the permit requirements of 40 CFR §51.165 for any area designated nonattainment for any national ambient air quality standard under 40 CFR Part 81, Subpart C. This preconstruction permit program shall apply to any new major stationary source or major modification that is major for the pollutant for which the area is designated nonattainment under §107(d)(1)(A)(i) of the CAA, if the stationary source or modification would locate anywhere in the designated nonattainment area. 1.1.a.It is the intent of the Secretary that all applications filed by any person to construct major new or modified stationary air pollution sources, intending to locate in areas with air quality worse than the levels set to protect the public health and welfare, or that might impact those areas, must adequately meet the pre-construction review procedures and conditions of the Clean Air Act as amended and this
rule. 1.1.b.These conditions are designed to ensure that the major new or modified source’s emissions will be controlled to the greatest degree practicable; that more than equivalent offsetting emission reductions will be obtained from existing sources; that there will be progress toward achievement of the National Ambient Air Quality Standards; and that all applicable air pollution regulations adopted by the Secretary will be met.
1.2.Authority. -- W.Va. Code §22-5-4. 1.3.Filing Date. -- April 3, 2014. 1.4.Effective Date. -- June 1, 2014. 1.5.Federal Regulation. -- Unless otherwise indicated, where reference to a federal regulation or standard appears in this rule, such regulation or standard will, for the purpose of this rule, be construed as that version which was in effect as of June 1, 2013. 1.6.Former Rules. -- This legislative rule amends 45CSR19 “Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution Which Cause or Contribute to Nonattainment” which was filed May 1, 2012 and became effective June 1, 2012.
W. Va. Code R. § 45-19-2 Definitions. 2.1.“Actual Emissions” means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in accordance with subdivisions 2.1.a through 2.1.c, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under section 23. Instead, subsections 2.59 and 2.9 shall apply for those purposes. 2.1.a.In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative of normal source operation. The Secretary may allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit’s actual operating hours, production rates, and types of materials processed, stored or combusted during the selected time period. 2.1.b.The Secretary may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit. 2.1.c.For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date. 2.2.“Actuals PAL” for a major stationary source means a PAL based on the baseline actual emissions (as defined in subsection 2.9) of all emissions units (as defined in subsection 2.26) at the source, that emit or have the potential to emit the PAL pollutant. 2.3.“Administrator” means the Administrator of the United States Environmental Protection Agency or the Administrator’s duly authorized representative. 2.4.“Allowable emissions” means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits, limits established by the Secretary pursuant to the Secretary’s rules which restrict the operating rate, or hours of operation, or both) and the most stringent of the following: 2.4.a.The applicable standards set forth in 40 CFR Part 60 or 61; 2.4.b.Any applicable State Implementation Plan emissions limitations or permit conditions, including those with a future compliance date; or 2.4.c.The applicable federally enforceable emissions limitations or permit conditions, including those with a future compliance date. 2.5.“Applicable Regulations” means rules of the Secretary as promulgated pursuant to W.Va. Code §22-5-4, and regulations of the Environmental Protection Agency promulgated pursuant to the Clean Air Act. 2.6.“Applicant” means any person who makes application to the Secretary for a permit to construct, modify or relocate a source in West Virginia under the provisions of this rule. 2.7.“Air Pollutants” means solids, liquids or gases which, if discharged into the air, may result in a statutory air pollution. 2.8.“Air Pollution”, or “statutory air pollution”, has the meaning ascribed to it in W.Va. Code §22- 5-2. 2.9.“Baseline actual emissions” means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with the following: 2.9.a.For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24month period selected by the owner or operator within the 5-year period immediately preceding when the owner or operator begins actual construction of the project. The Secretary shall allow the use of a different time period upon a determination that it is more representative of normal source operation. 2.9.a.1.The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. 2.9.a.2.The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period. 2.9.a.3.For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant. 2.9.a.4.The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraph 2.9.a.2. 2.9.b.For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the Secretary for a permit required under this rule, whichever is earlier, except that the 10-year period shall not include any period earlier than November 15, 1990. 2.9.b.1.The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. 2.9.b.2.The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. 2.9.b.3.The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24month period. However, if an emission limitation is part of a maximum achievable control technology standard that the Administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the Secretary has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of subsection 8.6. 2.9.b.4.For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant. 2.9.b.5.The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraphs 2.9.b.2 and 2.9.b.3. 2.9.c.For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit’s potential to emit. 2.9.d.For a PAL for a major stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in subdivision 2.9.a, for other existing emissions units in accordance with the procedures contained in subdivision 2.9.b, and for a new emissions unit in accordance with the procedures contained in subdivision 2.9.c. 2.10.“Begin actual construction” means in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operating this term refers to those on-site activities other than preparatory activities which mark the initiation of the change. 2.11.“Best available control technology” or “BACT” means an emissions limitation (including a visible emissions standard) based on the maximum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or major modification which the Secretary, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Parts 60 or 61. If the Secretary determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results. 2.12.“Building, structure, facility or installation” means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same “Major Group” (i.e., which have the same two (2)-digit code) as described in the Standard Industrial Classification Manual, 1987 (U.S. Government Printing Office stock number GPO 0- 185-718:QL 3). 2.13.“CAA” means the Clean Air Act, 42 U.S.C. 7401, et seq., as amended. 2.14.“Clean coal technology” means any technology, including technologies applied at the precombustion, combustion, or post combustion stage, at a new or existing facility which will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam which was not in widespread use as of November 15, 1990. 2.15.“Clean coal technology demonstration project” means a project using funds appropriated under the heading “Department of Energy-Clean Coal Technology,” up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the Environmental Protection Agency. The Federal contribution for a qualifying project shall be at least 20 percent of the total cost of the demonstration project. 2.16.[Reserved.] 2.17.“Code” means principally W.Va. Code §22-5-1 et seq., and, where applicable, W.Va. Code §22- 18-1 et seq. 2.18.“Commence,” as applied to construction of a major stationary source or major modification, means that the owner or operator has all necessary preconstruction approvals or permits and either has: 2.18.a.Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or 2.18.b.Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time. 2.19.“Construction” means any physical change or change in the method of operation (including fabrication, erection, installation, demolition or modification of an emissions unit) that would result in a change in emissions. 2.20.“Continuous emissions monitoring system” or “CEMS” means all of the equipment that may be required to meet the data acquisition and availability requirements, to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis. 2.21.“Continuous emissions rate monitoring system” or “CERMS” means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time). 2.22.“Continuous parameter monitoring system” or “CPMS” means all of the equipment necessary to meet the data acquisition and availability requirements of this rule, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O or CO concentrations), and to record average operational parameter value(s) on a continuous basis. 2.23.“Department of Environmental Protection” or “DEP” means the Department of Environmental Protection which is created by the provisions of West Virginia Code §22-1-1, et seq. 2.24.“Electric utility steam generating unit” means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility. 2.25.“Emissions” refers to the release, escape, or discharge of air pollutants into the air. 2.26.“Emissions unit” means any part of a stationary source which emits or would have the potential to emit any regulated NSR pollutant and includes an electric utility steam generating unit as defined in subsection 2.24. For purposes of this rule, there are two types of emissions units as described in subdivisions 2.26.a and 2.26.b. 2.26.a.A new emissions unit is any emissions unit which is (or will be) newly constructed and which has existed for less than 2 years from the date such emissions unit first operated. 2.26.b.An existing emissions unit is any emissions unit that does not meet the requirements in subdivision 2.26.a. A replacement unit, as defined in subsection 2.62, is an existing emissions unit. 2.27.“Federal Land Manager” means, with respect to any lands in the United States, the Secretary of the department with authority over such lands. 2.28.“Federally enforceable” means all limitations and conditions which are enforceable by the Administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements within any applicable State implementation plan, any permit requirements established pursuant to 40 CFR §52.21 or this rule, including any operating permits issued under a USEPA-approved program that is incorporated into the State Implementation Plan and expressly requires adherence to any permit issued under such program. 2.29.“Fugitive emissions” means those emissions which could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening. 2.30.“Intrapollutant Emission Offsets” means that emission offsets may only be achieved for the same air pollutants which have comparable physical and chemical characteristics and properties (e.g., VOC increases may not be offset against SO reductions, or coke plant particulate matter may not be offset against boiler fly ash, or NO may not be offset against VOC). 2.31.“Lowest achievable emission rate” or (LAER)” means, for any source, that rate of emissions based on the following, whichever is more stringent: 2.31.a.The most stringent emissions limitation which is contained in the implementation plan of any State for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable; or 2.31.b.The most stringent emissions limitation which is achieved in practice by such class or category of stationary sources. This term when applied to a new or modified emissions unit, means the lowest achievable emissions rate for such emissions units within the stationary source. In no event shall the application of this term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard of performance. 2.32.“Major emissions unit” means: 2.32.a.Any emissions unit that emits or has the potential to emit 100 tons per year or more of the PAL pollutant in an attainment area; or 2.32.b.Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the CAA for nonattainment areas. For example, in accordance with the definition of major stationary source in §182(c) of the CAA, an emissions unit would be a major emissions unit for VOC if the emissions unit is located in a serious ozone nonattainment area and it emits or has the potential to emit 50 or more tons of VOC per year. 2.33.Major Modification. 2.33.a.“Major modification” means any physical change in or change in the method of operation of a major stationary source that would result in: 2.33.a.1.A significant emissions increase of a regulated NSR pollutant (as defined in subsection 2.61.); and 2.33.a.2.A significant net emissions increase of that pollutant from the major stationary source. 2.33.b.Any significant emissions increase (as defined in subsection 2.67) from any emissions units or net emissions increase (as defined in subsection 2.39) at a major stationary source that is significant for volatile organic compounds shall be considered significant for ozone. 2.33.c.A physical change or change in the method of operation shall not include: 2.33.c.1.Routine maintenance, repair and replacement; 2.33.c.2.Use of an alternative fuel or raw material by reason of an order under sections 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act; 2.33.c.3.Use of an alternative fuel by reason of an order or rule under §125 of the CAA; 2.33.c.4.Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste; 2.33.c.5.Use of an alternative fuel or raw material by a stationary source which: 2.33.c.5.A.The source was capable of accommodating before December 21, 1976, unless such change would be prohibited under any federally enforceable permit condition which was established after December 21, 1976 pursuant to 40 CFR §52.21 or under regulations approved pursuant to 40 CFR
Subpart I or 40 CFR §51.166, or 2.33.c.5.B.The source is approved to use under any permit issued under this rule; 2.33.c.6.An increase in the hours of operation or in the production rate, unless such change is prohibited under any federally enforceable permit condition which was established after December 21, 1976 pursuant to 40 CFR §52.21 or regulations approved pursuant to 40 CFR Part 51 Subpart I or 40 CFR §51.166. 2.33.c.7.Any change in ownership at a stationary source. 2.33.c.8.[Reserved.] 2.33.c.9.The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with: 2.33.c.9.A.The West Virginia State Implementation Plan, and 2.33.c.9.B.Other requirements necessary to attain and maintain the National Ambient Air Quality Standard during the project and after it is terminated. 2.33.d.This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under section 23 for a PAL for that pollutant. Instead, the definition at subsection 2.48 shall apply. 2.33.e.For the purpose of applying the requirements of subsection 17.6 to modifications at major stationary sources of nitrogen oxides located in ozone nonattainment areas or in ozone transport regions, whether or not subject to Title I, Part D, Subpart 2 of the CAA, any significant net emissions increase of nitrogen oxides is considered significant for ozone. 2.33.f.Any physical change in, or change in the method of operation of, a major stationary source of volatile organic compounds that results in any increase in emissions of volatile organic compounds from any discrete operation, emissions unit, or other pollutant emitting activity at the source shall be considered a significant net emissions increase and a major modification for ozone, if the major stationary source is located in an extreme ozone nonattainment area that is subject to Title I, Part D, Subpart 2 of the CAA. 2.34.“Major Modification for Ozone” means a major modification for VOC and NO . 2.35.“Major Stationary Source” means: 2.35.a.Any stationary source of air pollutants that emits, or has the potential to emit 100 tons per year or more of any regulated NSR pollutant, except that lower emissions thresholds shall apply in areas subject to ozone nonattainment areas, carbon monoxide nonattainment areas, or particulate matter nonattainment areas, in accordance with the following: 2.35.a.1.50 tons per year of volatile organic compounds in any serious ozone nonattainment area; 2.35.a.2.50 tons per year of volatile organic compounds in an area within an ozone transport region, except for any severe or extreme ozone nonattainment area; 2.35.a.3.25 tons per year of volatile organic compounds in any severe ozone nonattainment area; 2.35.a.4.10 tons per year of volatile organic compounds in any extreme ozone nonattainment area; 2.35.a.5.50 tons per year of carbon monoxide in any serious nonattainment area for carbon monoxide, where stationary sources contribute significantly to carbon monoxide levels in the area (as determined under rules issued by the Administrator); and 2.35.a.6.70 tons per year of PM in any serious nonattainment area for PM . 2.35.b.For the purposes of applying the requirements of subsection 17.6 to stationary sources of nitrogen oxides located in an ozone nonattainment area or in an ozone transport region, any stationary source which emits, or has the potential to emit, 100 tons per year or more of nitrogen oxides emissions, except that the following emission thresholds shall apply in areas subject to Title 1, Part D, Subpart 2: 2.35.b.1.100 tons per year or more of nitrogen oxides in any ozone nonattainment area classified as marginal or moderate; 2.35.b.2.100 tons per year or more of nitrogen oxides in any ozone nonattainment area classified as a transitional, submarginal, or incomplete or no data area, when such area is located in an ozone transport region; 2.35.b.3.100 tons per year or more of nitrogen oxides in any area designated under §107(d) of the CAA as attainment or unclassifiable for ozone that is located in an ozone transport region; 2.35.b.4.50 tons per year or more of nitrogen oxides in any serious nonattainment area for ozone; 2.35.b.5.25 tons per year or more of nitrogen oxides in any severe nonattainment area for ozone; 2.35.b.6.10 tons per year or more of nitrogen oxides in any extreme nonattainment area for ozone; or 2.35.c.Any physical change that would occur at a stationary source not qualifying under subdivisions 2.35.a and 2.35.b as a major stationary source, if the change would constitute a major stationary source by itself. 2.35.d.A major stationary source that is major for volatile organic compounds shall be considered major for ozone. 2.35.e.The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of subsection 2.35 whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources: 2.35.e.1.Coal cleaning plants (with thermal dryers); 2.35.e.2.Kraft pulp mills; 2.35.e.3.Portland cement plants; 2.35.e.4.Primary zinc smelters; 2.35.e.5.Iron and steel mills; 2.35.e.6.Primary aluminum ore reduction plants; 2.35.e.7.Primary copper smelters; 2.35.e.8.Municipal incinerators capable of charging more than 250 tons of refuse per day; 2.35.e.9.Hydrofluoric, sulfuric, or nitric acid plants; 2.35.e.10.Petroleum refineries; 2.35.e.11.Lime plants; 2.35.e.12.Phosphate rock processing plants; 2.35.e.13.Coke oven batteries; 2.35.e.14.Sulfur recovery plants; 2.35.e.15.Carbon black plants (furnace process); 2.35.e.16.Primary lead smelters; 2.35.e.17.Fuel conversion plants; 2.35.e.18.Sintering plants; 2.35.e.19.Secondary metal production plants; 2.35.e.20.Chemical process plants -- The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140; 2.35.e.21.Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input; 2.35.e.22.Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 2.35.e.23.Taconite ore processing plants; 2.35.e.24.Glass fiber processing plants; 2.35.e.25.Charcoal production plants; 2.35.e.26.Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; and 2.35.e.27.Any other stationary source category which, as of August 7, 1980, is being regulated under §§111 or 112 of the CAA. 2.35.f.In addition to those facilities covered under subdivision 2.35.e, all coal preparation plants as defined under 40 CFR §60.251(a) which process more than 200 tons per day shall count fugitive emissions from all “affected facilities” at the source. 2.35.g.For the purpose of subdivision 2.35.f, the term “affected facilities” means those facilities which are listed or identified as “affected facilities” in the applicable standard promulgated under §§111 or 112 of the CAA.” 2.36.“Major Stationary Source for Ozone” means a major stationary source of VOC or NO . 2.37.“National Ambient Air Quality Standard (NAAQS)” means the numerical standard specified by the United States Environmental Protection Agency for each air pollutant for which air quality criteria have been issued. 2.38.“Necessary preconstruction approvals or permits” means those permits or approvals required under federal air quality control laws or regulations and air quality control laws and rules of the State of West Virginia. Where a consent order is required to be submitted to the USEPA for inclusion in the State Implementation Plan, the applicant will not have all necessary pre-construction approvals or permits until such time as the Administrator approves such consent order for inclusion in the State Implementation Plan. 2.39.“Net emissions increase” means, with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero: 2.39.a.The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to subsection 3.4.; and 2.39.b.Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this subdivision shall be determined as provided in subsection 2.9, except that paragraphs 2.9.a.3 and 2.9.b.4 shall not apply. 2.39.b.1.An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs before the date that the increase from the particular change occurs; 2.39.b.2.An increase or decrease in actual emissions is creditable only if: 2.39.b.2.A.It occurs within a reasonable period to be specified by the Secretary; and 2.39.b.2.B.The Secretary has not relied on the increase or decrease in issuing a permit for the source under section 14, which permit is in effect when the increase in actual emissions from the particular change occurs. 2.39.b.3.An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level. 2.39.b.4.A decrease in actual emissions is creditable only to the extent that: 2.39.b.4.A.The old level of actual emission or the old level of allowable emissions whichever is lower, exceeds the new level of actual emissions; 2.39.b.4.B.It is federally enforceable and enforceable by the Secretary as a practical matter at and after the time that actual construction on the particular change begins; and 2.39.b.4.C.The Secretary has not relied on it in issuing any permit under this rule, in demonstrating attainment of the NAAQS, or in a demonstration of reasonable further progress; and 2.39.b.4.D.It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change. 2.39.b.5.An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed one hundred eighty (180) days. 2.39.c.Subdivision 2.1.a shall not apply for determining creditable increases and decreases or after a change. 2.40.“Nonattainment Area” means for the purpose of this rule, those areas designated in accordance with §107 of the CAA as not having attained NAAQS for specific air pollutants. Nonattainment areas for ozone, carbon monoxide, and PM are divided into categories, which may have different major source size definitions and offset ratio requirements than in previous regulations. These categories are as follows: 2.40.a.Ozone nonattainment areas may be designated as Marginal, Moderate, Serious, Severe, or Extreme. 2.40.b.Carbon monoxide nonattainment areas may be designated as Moderate or Severe. 2.40.c.PM nonattainment areas may be designated as Moderate or Severe. 2.41.“Nonattainment major new source review (NSR) program” means a major source preconstruction permit program that has been approved by the Administrator, or a program that implements 40 CFR Part 51, appendix S, sections I through VI. Any permit issued under such a program is a major NSR permit. 2.42.“Offset” or “emission offset” means an emission reduction of a given pollutant achieved at an existing source (or emissions unit within such source) that allows for the emission of such given pollutant at a different proposed source (or emissions unit within such proposed source); provided that the amount of reduction in emissions at the existing source (or emissions unit within such source), is greater, on a tons per year basis, than one-to-one with respect to the proposed emissions from the different source (or emissions unit within such source) so that total emissions from the source including all existing and proposed facilities for a given pollutant shall be less than baseline emissions. This term also means an emission reduction of a given pollutant achieved at a unit within an existing source that allows for the emission of such given pollutant at a different unit within the same existing source. In addition to the above requirement that offset ratios must be greater than one-to-one, the offset ratios in ozone nonattainment areas must equal or exceed: 2.42.a.In marginal ozone nonattainment areas, 1.1 to 1. 2.42.b.In moderate ozone nonattainment areas, 1.15 to 1. 2.42.c.In serious ozone nonattainment areas, 1.2 to 1. 2.42.d.In severe ozone nonattainment areas, 1.3 to 1. 2.42.e.In extreme ozone nonattainment areas, 1.5 to 1. 2.43.“Offset Ratio” means the ratio of total emission reductions to total emission increases, for any specific pollutant.
2.44.“PM ” means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by a reference method described in Appendix L of 40 CFR Part 50.
2.45.“PM ” means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method described in Appendix J of 40 CFR Part 50. 2.46.“Particulate Matter” means any material, except uncombined water, that exists in a finely divided form as a liquid or solid. 2.47.“PAL effective date” generally means the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit which is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. 2.48.“PAL effective period” means the period beginning with the PAL effective date and ending 10 years later. 2.49.“PAL major modification” means, notwithstanding subsections 2.33 and 2.39 (the definitions for major modification and net emissions increase), any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL. 2.50.“PAL permit” means the major NSR permit, the minor NSR permit, or the title V permit issued by the Secretary that establishes a PAL for a major stationary source. 2.51.“PAL pollutant” means the pollutant for which a PAL is established at a major stationary source. 2.52.“Person” means any and all persons, natural or artificial, including the State of West Virginia or any other state and all agencies or divisions thereof, any state political subdivision, the United States of America, any municipal, statutory, public or private corporation or association organized or existing under the law of this or any other state or country, and any firm, partnership or association of whatever nature. 2.53.“Plantwide applicability limitation” or “PAL” means an emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with subsections 23.1 through 23.15. 2.54.“Pollution prevention” means any activity that through process changes, product reformulation or redesign, or substitution of less polluting raw materials, eliminates or reduces the release of air pollutants (including fugitive emissions) and other pollutants to the environment prior to recycling, treatment, or disposal; it does not mean recycling (other than certain “in-process recycling” practices), energy recovery, treatment or disposal. 2.55.“Potential to emit” means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable or is enforceable by the Secretary in any permit or consent order issued by the Administrator or by the Secretary. Secondary emissions do not count in determining the potential to emit of a stationary source. 2.56.“Predictive emissions monitoring system” or “PEMS” means all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O or CO concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous
basis. 2.57.“Prevention of Significant Deterioration (PSD) permit” means any permit that is issued under the major source preconstruction permit program set forth in 45CSR14. 2.58.“Project” means a physical change in, or change in the method of operation of, an existing major stationary source. 2.59.“Projected actual emissions” means, the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the 5 years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit’s design capacity or its potential to emit of that regulated NSR pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source. In determining the projected actual emissions, before beginning actual construction, the owner or operator of the major stationary source: 2.59.a.Shall consider all relevant information, including but not limited to, historical operational data, the company’s own representations, the company’s expected business activity and the company’s highest projections of business activity, the company’s filings with the State or Federal regulatory authorities, and compliance plans under the approved plan; and 2.59.b.Shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions; and 2.59.c.Shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit’s emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under subsection 2.9 and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or 2.59.d.In lieu of using the method set out in subdivisions 2.59.a through 2.59.c, may elect to use the emissions unit’s potential to emit, in tons per year, as defined under subdivision 2.55. 2.60.“Reasonable Further Progress” means the annual reductions in emissions of pollutants in nonattainment areas as are required pursuant to Part D of the 1990 Clean Air Act Amendments or which are required by the Secretary or the Administrator for the purpose of ensuring attainment of NAAQS by the applicable statutory deadline. 2.61.“Regulated NSR Pollutant” means the following: 2.61.a.Any pollutant for which a National Ambient Air Quality Standard has been promulgated; 2.61.b.Nitrogen oxides or any volatile organic compounds; 2.61.c.Any pollutant that is identified under this subdivision as a constituent or precursor of a general pollutant listed under subdivisions 2.61.a or 2.61.b, provided that such constituent or precursor pollutant may only be regulated under NSR as part of regulation of the general pollutant. Precursors identified by the Administrator for purposes of NSR are the following: 2.61.c.1.Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone nonattainment areas. 2.61.c.2.Sulfur dioxide is a precursor to PM in all PM nonattainment areas. 2.61.c.3.Nitrogen oxides are presumed to be precursors to PM in all PM nonattainment areas, unless the Secretary demonstrates to the Administrator’s satisfaction or USEPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area’s ambient PM concentrations. 2.61.c.4.Volatile organic compounds and ammonia are presumed not to be precursors to PM in any PM nonattainment area, unless the Secretary demonstrates to the Administrator’s satisfaction or USEPA demonstrates that emissions of volatile organic compounds or ammonia from sources in a specific area are a significant contributor to that area’s ambient PM concentrations. 2.61.d.PM emissions and PM emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM and PM in nonattainment major NSR permits. Compliance with emissions limitations for PM and PM issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this rule unless the applicable implementation plan required condensable particulate matter to be included. 2.62.“Replacement unit” means an emissions unit for which all the criteria listed in subdivisions 2.62.a through 2.62.d are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. 2.62.a.The emissions unit is a reconstructed unit within the meaning of 40 CFR §60.15(b)(1), or the emissions unit completely takes the place of an existing emissions unit; 2.62.b.The emissions unit is identical to or functionally equivalent to the replaced emissions unit; 2.62.c.The replacement does not change the basic design parameter(s) of the process unit; and 2.62.d.The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. 2.63.[Reserved.] 2.64.“Secondary emissions” means emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. Secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include, but are not limited to emissions from any offsite support facility which would not otherwise be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source such as emissions from the tailpipe of a motor vehicle, a train, or from a vessel. 2.65.“Secretary” means the Secretary of the Division of Environmental Protection or his or her designated representative. 2.66.“Significant” means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:
Pollutant and Pollutant Emission Rate (tons per year)
Carbon monoxide:100 tpy Nitrogen oxides:40 tpy Sulfur dioxide:40 tpy Ozone:40 tpy of VOC or NO Lead:0.6 tpy :15 tpy :10 tpy of direct PM emissions :40 tpy of SO emissions :40 tpy of NO emissions (unless demonstrated not to be a PM precursor under subsection 2.61). 2.66.a.Notwithstanding the significant emissions rate for ozone in subsection 2.66, significant means, in reference to an emissions increase or a net emissions increase, any increase in actual emissions of volatile organic compounds that would result from any physical change in, or change in the method of operation of, a major stationary source locating in a serious or severe ozone nonattainment area that is subject to Title I, Part D, Subpart 2 of the CAA, if such emissions increase of volatile organic compounds exceeds 25 tons per year. 2.66.b.For the purposes of applying the requirements of subsection 17.6 to modifications at major stationary sources of nitrogen oxides located in an ozone nonattainment area or in an ozone transport region, the significant emission rates and other requirements for volatile organic compounds in subsection 2.66, subdivisions 2.66.a and 2.66.d shall apply to nitrogen oxides emissions. 2.66.c.Notwithstanding the significant emissions rate for carbon monoxide under subsection 2.66, significant means, in reference to an emissions increase or a net emissions increase, any increase in actual emissions of carbon monoxide that would result from any physical change in, or change in the method of operation of, a major stationary source in a serious nonattainment area for carbon monoxide if such increase equals or exceeds 50 tons per year, provided the Administrator has determined that stationary sources contribute significantly to carbon monoxide levels in that area. 2.66.d.Notwithstanding the significant emissions rates for ozone under subsection 2.66 and subdivision 2.66.a, any increase in actual emissions of volatile organic compounds from any emissions unit at a major stationary source of volatile organic compounds located in an extreme ozone nonattainment area that is subject to Title I, Part D, Subpart 2 of the CAA shall be considered a significant net emissions increase. 2.67.“Significant emissions increase” means, for a regulated NSR pollutant, an increase in emissions that is significant for that pollutant. 2.68.“Significant emissions unit” means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level, as defined in subsection 2.66 or the CAA, whichever is lower, for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit. 2.69.“Significant Impact” means an increase in the ambient air concentration for a particular pollutant as follows:
Averaging time (hours)
Annual24831 Ambient Air Concentration Increase (μg/m )
SO 1.05.025.0 1.05.0 0.31.2 1.0
Ambient Air Concentration Increase (mg/m )
CO0.52.0 2.70.“Small emissions unit” means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in subsection 2.66 or the CAA, whichever is lower. 2.71.“Source” or “stationary source” means any building, structure, facility or installation which emits or may emit a regulated NSR pollutant. 2.72.“Temporary clean coal technology demonstration project” means a clean coal technology demonstration project that is operated for a period of 5 years or less, and which complies with the State Implementation Plan for the State in which the project is located and other requirements necessary to attain and maintain the National Ambient Air Quality Standards during the project and after it is terminated. 2.73.“Temporary Source” or “sources of temporary emissions”, means for a source located in a nonattainment area and subject to this rule, those emissions occurring for a period of time less than two years. 2.74.“TSP” or “Total Suspended Particulate Matter” means particulate matter as measured by the method described in Appendix B of 40 CFR Part 50. 2.75.“USEPA” means the United States Environmental Protection Agency. 2.76.“Volatile organic compounds (VOC)” are as defined in 40 CFR §51.100(s). 2.77.Other words and phrases used in this rule, unless otherwise indicated, have the meaning ascribed to them in W.Va. Code §22-5-2 and the federal Clean Air Act.
W. Va. Code R. § 45-19-3 Applicability. 3.1.Preconstruction Permit Program In Nonattainment Areas. -- The preconstruction permit program requirements apply to the construction of any new major stationary source or major modification that is major for the pollutant for which the area is designated nonattainment under 40 CFR Part 81,
Subpart C if the stationary source or modification would locate anywhere in the designated nonattainment area. 3.2.Preconstruction Permit Program In Attainment Areas. -- The preconstruction permit program requirements also apply to any proposed major stationary source and to any major modification to such source in an area designated as attainment or unclassifiable for any National Ambient Air Quality Standard (NAAQS) pursuant to section 107 of the CAA when it would cause or contribute to a violation of any NAAQS. 3.3.Significance levels. 3.3.a.A major source or major modification will be considered to cause or contribute to a violation of a NAAQS when such source or modification would, at a minimum, exceed the following significance levels at any locality that does not or would not meet the applicable national standard:
Averaging time (hours)
Annual24831 Ambient Air Concentration Increase (μg/m )
SO 1.05.025.0 1.05.0 0.31.2 1.0
Ambient Air Concentration Increase (mg/m )
CO0.52.0 3.3.b.A proposed major source or major modification subject to subsection 3.2 may reduce the impact of its emissions upon air quality by obtaining sufficient emission reductions to, at a minimum, compensate for its adverse ambient impact where the major source or major modification would otherwise cause or contribute to a violation of any NAAQS. 3.4.Determination of major modification. -- The determination as to whether or not a proposed project is a major modification for a regulated NSR pollutant shall be determined in accordance with the specific provisions set forth in subdivisions 3.4.a through 3.4.f. 3.4.a.Except as otherwise provided in subsections 3.5 and 3.6, and consistent with the definition of major modification, a proposed project is a major modification for a regulated NSR pollutant if it causes two types of emissions increases -- a significant emissions increase (as defined in subsection 2.67), and a significant net emissions increase (as defined in subsections 2.66 and 2.39). The proposed project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase. 3.4.b.The procedure for calculating, before beginning actual construction, whether a significant emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being modified, according to subdivisions 3.4.c through 3.4.f. The procedure for calculating, before beginning actual construction, whether a significant net emissions increase will occur at the major stationary source (i.e., the second step of the process) is contained in the definition in subsection 2.39.
Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase. 3.4.c.Actual-to-projected-actual applicability test for proposed projects that only involve existing emissions units. -- A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions (as defined in subdivisions 2.9.a and 2.9.b, as applicable), for each existing emissions unit, equals or exceeds the significant amount for that pollutant. 3.4.d.Actual-to-potential test for proposed projects that only involve construction of a new emissions unit(s). -- A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the proposed project and the baseline actual emissions of these units before the project equals or exceeds the significant amount for that pollutant. 3.4.e.[Reserved.] 3.4.f.Hybrid test for projects that involve multiple types of emissions units. -- A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in subdivisions 3.4.c through 3.4.d as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant. 3.5.For any major stationary source subject to a PAL for a regulated NSR pollutant, the major stationary source shall comply with the requirements under section 23. 3.6.[Reserved.] 3.7.Exemption. 3.7.a.A source or modification shall not be considered a major stationary source or major modification only if fugitive emissions to the extent quantifiable are considered in calculating the potential to emit of the stationary source or modification and the source does not belong to any of the following categories: 3.7.a.1.Coal cleaning plants (with thermal dryers); 3.7.a.2.Kraft pulp mills; 3.7.a.3.Portland cement plants; 3.7.a.4.Primary zinc smelters; 3.7.a.5.Iron and steel mills; 3.7.a.6.Primary aluminum ore reduction plants; 3.7.a.7.Primary copper smelters; 3.7.a.8.Municipal incinerators capable of charging more than 250 tons of refuse per day; 3.7.a.9.Hydrofluoric, sulfuric, or citric acid plants; 3.7.a.10.Petroleum refineries; 3.7.a.11.Lime plants; 3.7.a.12.Phosphate rock processing plants; 3.7.a.13.Coke oven batteries; 3.7.a.14.Sulfur recovery plants; 3.7.a.15.Carbon black plants (furnace process); 3.7.a.16.Primary lead smelters; 3.7.a.17.Fuel conversion plants; 3.7.a.18.Sintering plants; 3.7.a.19.Secondary metal production plants; 3.7.a.20.Chemical process plants -- The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140; 3.7.a.21.Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input; 3.7.a.22.Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 3.7.a.23.Taconite ore processing plants; 3.7.a.24.Glass fiber processing plants; 3.7.a.25.Charcoal production plants; 3.7.a.26.Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; and 3.7.a.27.Any other stationary source category which, as of August 7, 1980, is being regulated under §§111 or 112 of the CAA. 3.7.b.In addition to the facilities covered under subdivision 3.7.a, all coal preparation plants as defined under 40 CFR §60.251(a) which process more than 200 tons per day shall count fugitive emissions from all “affected facilities” at the source. 3.7.c.For the purpose of subdivision 3.7.b, the term “affected facilities” means those facilities which are listed or identified as “affected facilities” in the applicable standard promulgated under §§111 or 112 of the CAA.
W. Va. Code R. § 45-19-4 Conditions for a Permit Approval for Proposed Major Sources That Would Contribute to a Violation of NAAQS. 4.1.Upon determination by the Secretary that a proposed new major stationary source or major modification will locate within a nonattainment area, or that a proposed new major stationary source or major modification to be built outside a nonattainment area will have a significant impact on pollutant concentrations in a nonattainment area, as of such source’s proposed start-up date, permit approval may be granted only if the applicant agrees within its permit application and permit (if approved), to meet the following conditions: 4.1.a.The proposed major stationary source or major modification is required to meet the lowest achievable emission rate (LAER) for such source; 4.1.b.The applicant must certify that all existing sources owned or operated by the applicant (or any entity controlling, controlled by, or under common control of the applicant) in West Virginia are in compliance with the CAA and W.Va. Code §22-5-4, or the applicable regulations, or is in compliance with a compliance program or a court decree which is federally enforceable and enforceable by the Secretary; 4.1.c.More than equivalent emission offsets from existing sources in the nonattainment area impacted by the proposed new major stationary source or major modification (whether or not under the same ownership) are required such that there will be reasonable further progress toward attainment of the applicable NAAQS. For sources locating in ozone nonattainment areas, the offset ratios for VOC and must equal or exceed those specified in subsection 2.42. Only intrapollutant emission offsets are acceptable; and 4.1.d.The emission offsets will provide a positive net air quality benefit in the affected nonattainment area. Atmospheric simulation modeling for ozone impacts is not necessary for VOC and . Compliance with subdivision 4.1.c and subsection 8.2 will be adequate to meet this condition. 4.2.Upon determination by the Secretary that technological or economic limitations on the application of measurement methodology to a particular source or class of sources would make the imposition of an enforceable numerical emission standard infeasible, the applicant may, by petition, request that the Secretary approve an appropriate design, operational or equipment standard. In the event that the applicant’s proposed design, operational or equipment standard is unacceptable to the Secretary, the Secretary shall determine an appropriate measurement methodology or design, operational or equipment standard and shall incorporate such determinations and requirements within the permit. 4.3.For phased construction projects, the determination of the lowest achievable emission rate shall be reviewed and modified as appropriate at the latest reasonable time which occurs no later than 18 months prior to commencement of construction of each independent phase of the project. At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of the lowest achievable emission rate for the source. 4.4.Control Technology Information. -- The Secretary shall, for each new major source and major modification, submit to the Administrator, within 60 days of issuance of the construction permit, all information on the emissions prevention or control technology for the new major source or major modification for the purpose of making such information available through the RACT/BACT/LAER clearinghouse to other states and to the general public. 4.5.Rocket Engines or Motors. -- The Secretary may allow a source to offset by alternative or innovative means emission increases from rocket engine and motor firing, and cleaning related to such firing, at an existing or modified source that tests rocket engines or motors under the following conditions: 4.5.a.Any modification proposed is solely for the purpose of expanding the testing of rocket engines or motors at an existing source that was permitted to test such engines as of November 15, 1990; 4.5.b.The source demonstrates to the satisfaction of the Secretary that it has used all reasonable means to obtain and utilize offsets, as determined on an annual basis, for the emissions increases beyond allowable levels, that all available offsets are being used, and that sufficient offsets are not available to the source; 4.5.c.The source has obtained a written finding from the Department of Defense, Department of Transportation, National Aeronautics and Space Administration or other appropriate Federal agency, that the testing of rocket motors or engines at the facility is required for a program essential to national security; and 4.5.d.The source shall comply with an alternative measure, imposed by the Secretary, designed to offset any emission increases beyond permitted levels not directly offset by the source. In lieu of imposing any alternative offset measures, the Secretary may impose any emissions fee which shall be an amount no greater than 1.5 times the average cost of stationary source control measures adopted in that area during the previous three (3) years. The Secretary shall utilize the fees in a manner that maximizes reductions in that area
W. Va. Code R. § 45-19-5 Conditions for Permit Approval for Sources Locating in Attainment or Unclassifiable Areas That Would Cause a New Violation of a NAAQS. 5.1.Upon determination by the Secretary that the emissions from a proposed new major stationary source or major modification locating in attainment or unclassified areas would cause a new violation of a NAAQS, permit approval may be granted only if the applicant agrees within its permit application and permit (if approved) to meet a more stringent emission limitation and/or limit emissions of existing sources below levels allowed by the applicable regulations so that the proposed source will not cause a new violation of any NAAQS. Only intrapollutant emission offsets are acceptable. 5.2.If the proposed major source or major modification does not obtain the emission reductions specified in subsection 3.2 the Secretary shall deny the proposed construction. 5.3.The requirements of subsections 3.2 and 5.2 shall not apply to a major stationary source or major modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant, the source or modification is located in an area designated as nonattainment pursuant to § 107 of the CAA
W. Va. Code R. § 45-19-6 [Reserved.]
W. Va. Code R. § 45-19-7 Baseline for Determining Credit for Emission Offsets. 7.1.For major stationary sources and major modifications subject to subsections 3.1 and 3.2 the baseline for determining credit for emissions reductions is the emission limit in effect at the time the application for a permit to construct under section 14 is filed, except that the offset baseline shall be the actual emissions of the source from which the offset credit is obtained where: 7.1.a.The demonstration of reasonable further progress and attainment of ambient air quality standards is based upon the actual emissions of sources located within a designated nonattainment area; or 7.1.b.The applicable regulation does not contain an emission limitation for a source or source category, the emission offset baseline involving such sources shall be the actual emissions. 7.2.Where an applicable emission limit allows greater emissions than the potential to emit of the source, emission offset credit will be allowed only for control below this potential. 7.3.For an existing fuel combustion source, credit shall be based on the allowable emissions for the type of fuel being burned at the time the permit to construct application under section 14 is filed. If the existing source commits to switch to a cleaner fuel at some future date, emission offset credit based on the allowable or actual emissions for the fuels involved is not acceptable, unless the permit is conditioned to require use of a specified alternative control measure which would achieve the same degree of emissions reduction should the source switch back to a dirtier fuel at some later date. The applicant shall ensure that adequate long-term supplies of the new fuel are available before emission offset credit for fuel switches may be granted. 7.4.Emissions reductions achieved by shutting down an existing emission unit or curtailing production or operating hours may be generally credited for offsets if they meet the following requirements: 7.4.a.Such reductions are surplus, permanent, quantifiable, federally enforceable. 7.4.b.The shutdown or curtailment occurred on or after the date specified in the attainment plan, and if such date is on or after the date of the most recent emission inventory used in the attainment demonstration. Where the plan does not specify a cutoff date for shutdown credits, the date of the most recent emissions inventory or attainment demonstration shall apply. However, no may credit be given for shutdowns which occurred prior to August 7, 1977. 7.5.Emissions reductions achieved by shutting down an existing emissions unit or curtailing production or operating hours and that do not meet the requirements in subdivision 7.4.b may be generally credited only if: 7.5.a.The shutdown or curtailment occurred on or after the date the construction permit application is filed, or 7.5.b.The applicant can establish that the proposed new emissions unit is a replacement for the shutdown or curtailed emissions unit, and the emissions reductions achieved by the shutdown or curtailment met the requirements of subdivision 7.4.a. 7.6.No emissions credit may be allowed for replacing one hydrocarbon compound with another of lesser reactivity, except for those compounds listed in Table 1 of USEPA’s “Recommended Policy on Control of Volatile Organic Compounds” (42 FR 35314, July 8, 1977). 7.7.All emission reductions claimed as offset credit shall be federally enforceable
W. Va. Code R. § 45-19-8 Location of Emissions Offsets. 8.1.Emissions offsets shall be obtained from sources located as close to the proposed major stationary or major modified source site as possible. Except for ozone nonattainment areas, these emissions offsets must be obtained from the same nonattainment area as the proposed major source or major modification. 8.2.The Secretary, by petition, may allow emissions offsets from sources located at greater distances from the proposed major stationary source or major modification provided that an adequate demonstration that nearby offsets were investigated and reasonable alternatives which provide a positive net air quality benefit are not available is submitted by the applicant, subject to the following provisions: 8.2.a.Emission offsets for VOC or NO will generally be acceptable from sources located within the same ozone nonattainment area or from other ozone nonattainment areas of equal or higher classification which can be shown to cause or significantly contribute to the ozone problem at the proposed new or modified source location; and 8.2.b.Emission offsets for sources of sulfur dioxide (SO ), and fine particulate matter (PM ) shall be obtained from an existing or shutdown facility, on the same premises or in the immediate vicinity of the proposed source. 8.3.If such allowance is granted, as provided for in subsection 8.2, the Secretary may increase the ratio of the required offsets for such source. 8.4.In order to ensure that the emission offsets will provide a positive net air quality benefit, the Secretary may perform the necessary analysis or require the applicant to submit appropriate modeling results for review. 8.5.The appropriate modeling referred to in subsection 8.4 is as follows: 8.5.a.For SO and PM , the source’s allowable emissions shall be used in an atmospheric simulation model to ensure that the emission offsets provide a positive net air quality benefit. It may, however, be assumed that if the emission offsets are obtained from an existing or shutdown source on the same premises or in the immediate vicinity of the proposed major stationary source or major modification and the pollutants disperse from substantially the same effective stack height, the air quality test of subdivision 4.1.d will be met without the necessity of modeling. Thus, when stack emissions are offset against a ground level source at the same time, modeling would be required. 8.5.b.Atmospheric simulation modeling for ozone impacts is not necessary for volatile organic compounds and NO . For such pollutants, meeting the requirements of subdivisions 4.1.c and 8.2.a will be adequate. 8.5.c.Proposed sources of VOC or NO locating in a designated nonattainment area for ozone shall be subject to the provisions of section 4. 8.5.d.Proposed VOC or NO sources locating within thirty-six (36) hours travel time (under wind conditions associated with concentrations exceeding the NAAQS for ozone) of a nonattainment monitor are subject to section 4. 8.6.Credit for an emissions reduction can be claimed to the extent that the Secretary has not relied on it in issuing any permit under 45CSR14 or 45CSR19 or the Secretary has not relied on it in a demonstration of attainment or reasonable further progress. 8.7.The total amount of increased emissions, in tons per year, resulting from a major modification that must be offset shall be determined by summing the difference between the allowable emissions after the modification and the actual emissions before the modification for each emissions unit
W. Va. Code R. § 45-19-9 Administrative Procedures for Emission Offset Proposals. 9.1.Emission offsets may be proposed by the applicant for the proposed major stationary source or major modification, the local community or the Secretary. 9.1.a.The emission offsets committed to must be accomplished by the applicant’s proposed startup date, except when such proposed source is a replacement for a source that is being shut down in order to provide the necessary benefits; in such cases the Secretary may allow up to one hundred eighty (180) days for shakedown of the new source before the existing source is required to cease operation. Such an allowance must be requested by the applicant and contained, if granted, within the construction permit. 9.1.b.If the emission reductions which are to be used as offset credit for a proposed major stationary source or major modification are to be obtained in a State that neighbors West Virginia, or from another source at another site not controlled by the applicant, the offsets committed to must be embodied in a USEPA approved State Implementation Plan revision in the neighboring State and must be federally enforceable and enforceable by both such neighboring State and the Secretary and at all participating sources. 9.2.The applicant may propose emission offsets which involve: 9.2.a.Reductions from sources controlled by the applicant; or 9.2.b.Reductions from neighboring sources not controlled by the applicant. 9.3.A state or local community which desires that a major stationary source or major modification locate in its area may commit to reducing emissions from existing sources to sufficiently offset the impact of such proposed source. 9.4.Any emission offset proposal described in subsection 9.2 must be embodied either in the applicant’s permit application and permit if such offsets are directly controlled by the applicant or if from neighboring sources located in the State not controlled by the applicant, in a consent order as provided in W.Va. Code §22-5-5, which such consent order shall be submitted to the USEPA for inclusion in the State Implementation Plan
W. Va. Code R. § 45-19-10 [Reserved.]
W. Va. Code R. § 45-19-11 [Reserved.]
W. Va. Code R. § 45-19-12 Reasonable Further Progress. 12.1.By the time the proposed major source or major modification is to commence operation, sufficient offsetting emissions reductions shall be in effect such that the total allowable emissions from existing sources in the area, from new or modified sources which are not major sources and from the proposed source will be sufficiently less than total emissions from existing sources prior to the application for the permit to construct or modify so as to represent, when considered together with the plan provisions required under section 172 of the act (42 USC 7502), reasonable further progress. 12.2.For the purposes of satisfying the requirements of subsection 12.1: 12.2.a.The determination of total emissions at both the time prior to the application for a permit subject to the requirements of this chapter and the time the permitted source or modification would commence operation, shall be made in a manner consistent with the assumptions in the applicable state implementation plan approved by the Administrator concerning baseline emissions for the demonstration of reasonable further progress and attainment of the National Ambient Air Quality Standards for the particular pollutant subject to review under this chapter; and 12.2.b.To demonstrate reasonable further progress a new or modified source subject to review under this rule shall obtain offsets in an amount equal to or greater than the amount specified by the applicable offset ratio. If an offset ratio is not specified, the offset ratio shall be at least 1 to 1
W. Va. Code R. § 45-19-13 Source Impact Analysis. 13.1.The applicant for a preconstruction permit shall demonstrate to the satisfaction of the Secretary that all of the following conditions are met: 13.1.a.The emissions offsets required under subdivision 4.1.c, when considered in conjunction with the proposed emissions increase, will have a net air quality benefit in the affected area, as required under subdivision 4.1.d; 13.1.b.The emissions from the proposed new major source or major modification, when considered in conjunction with the emissions offsets required under section 4, will not contribute to nonattainment in, or interfere with maintenance by, any other state with respect to any national primary or secondary ambient air quality standard; 13.1.c.The emissions from the proposed new major source or major modification, when considered in conjunction with the emissions offsets required under section 4, will not interfere with measures required to be included in the applicable implementation plan for any other state under a program for the prevention of significant deterioration or for the protection of visibility; and 13.1.d.An analysis of alternative sites, sizes, production processes, and environmental control techniques for the proposed source demonstrates the benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction or modification
W. Va. Code R. § 45-19-14 Permit Requirements for Major Stationary Sources and Major Modifications. 14.1.Permit Application. 14.1.a.No person shall cause, suffer, allow, or permit the construction or relocation of any major stationary source or a major modification to be commenced in any area designated as nonattainment under §107 of the CAA, without notifying the Secretary of such intent, and obtaining prior to commencement of construction, modification, or relocation, a permit(s) to so construct, modify or relocate the major stationary source or major modification. 14.1.b.No person shall cause, suffer, allow or permit the construction or relocation of any major stationary source or major modification to be commenced anywhere in West Virginia, if the emissions would cause a violation of a NAAQS or would cause a significant impact on air quality in a designated nonattainment area, without notifying the Secretary of such intent and obtaining, prior to commencement of construction, modification or relocation, all necessary preconstruction approvals or permits to so construct, modify or relocate the major stationary source or major modification. 14.2.The owner or operator of the source shall file with the Secretary a timely and complete permit application containing sufficient information as, in the judgement of the Secretary, will enable the Secretary to determine whether such source construction, modification or relocation will be in conformance with the provisions of any rules promulgated by the Secretary and with the requirements of this rule. Such information may include, but not be limited to: 14.2.a.A description of the nature, location, design capacity and typical operating schedule of the source or modification, including specifications and drawings showing its design and plant layout; 14.2.b.A detailed schedule for construction of the source or modification; 14.2.c.A detailed description as to what system of continuous emission reduction is planned by the source or modification, emission estimates, and any other information as necessary to determine that the requirement for lowest achievable emission rate as applicable would be met; 14.2.d.The air quality impact of the source or modification, including meteorological and topographical data necessary to estimate such impact; and 14.2.e.A detailed description of any emission offsets proposed by the applicant. 14.3.Each permit application shall be signed by the owner or operator of the major stationary source or major modification, and such signature shall constitute an agreement that the applicant will assume responsibility for the construction, modification, or relocation, and operation of the major stationary source or major modification in accordance with applicable rules and regulations of the Secretary, the permit application and any permit issued pursuant to this rule. 14.4.Permit Review. 14.4.a.Within thirty (30) days of the receipt of a permit application for construction or relocation of a major stationary source or for a major modification, the Secretary shall determine if the application is complete or if there exists any deficiency in the application or information submitted, and shall notify the applicant of all such deficiencies, if any. In the event of such a deficiency, the date of receipt of the application shall be the date on which the Secretary received all required information. 14.4.b.After completing the review of a complete application, the Secretary shall make a preliminary determination whether a permit shall be approved, approved with conditions or disapproved. 14.4.c.After the public participation requirements specified in section 15 have been satisfied, the Secretary shall notify the applicant in writing of the final determination. 14.5.Permit Issuance or Denial. 14.5.a.Within six (6) months of the receipt of a complete permit application for construction or relocation of a major stationary source or for a major modification, the Secretary shall issue such a permit unless the Secretary determines that the proposed major stationary source or major modification has not satisfied the requirements of this rule, will violate applicable emission standards, will interfere with the attainment or maintenance of applicable ambient air quality standards, or will be inconsistent with the intent and purpose of this rule, in which case the Secretary shall issue an order for the prevention of such construction, modification, or relocation. 14.5.b.If the Secretary denies a permit application for the proposed construction or relocation of any major stationary source or major modification, the order shall set forth the Secretary’s reasons with reasonable specificity. 14.6.Reasonable Conditions. -- The Secretary may impose any reasonable conditions as part of a granted construction, modification or relocation permit. Such conditions may include, but not be limited to, the submission of periodic progress or operation reports, the provisions of a suitable sampling site, the installation of pollutant monitoring devices, and the operation and maintenance of ambient air quality monitoring stations
W. Va. Code R. § 45-19-15 Public Review Procedures. 15.1.At the time that an application for a construction or modification is filed, the applicant shall also place a Class I legal advertisement in a newspaper of general circulation in the area where the source is or will be located. No such permit shall be issued to any applicant until at least thirty (30) days notice has been provided to the public. The advertisement shall contain at a minimum, the name of the applicant, the type and location of the source, the type and amount of air pollutants that will be discharged, the nature of the permit being sought, the proposed start-up date for the source and a contact telephone number for more information. 15.2.The Secretary shall make available in at least one location in the region in which the proposed source would be constructed a copy of all materials the applicant submitted (excluding data entitled to protection as confidential information under the Code and any rules pursuant thereto), a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making the preliminary determination. 15.3.The Secretary shall place a Class I legal advertisement in a paper of general circulation in the area where the proposed source would be constructed, modified, or relocated. The advertisement shall contain, as a minimum, the name of the applicant, the type and location of the source, the proposed startup date, the preliminary determination, notification of the opportunity for written public comment, provisions for requesting a public meeting, details concerning the time and place of such a meeting if one has already been scheduled, and notification of the opportunity for comment at a public meeting if such meeting is to be conducted. A public comment period of thirty (30) days shall be provided and so stated in the advertisement. 15.4.The Secretary shall send a copy of the advertisement to the applicant, to USEPA, and to officials and agencies having cognizance over the location where the proposed construction would occur as follows: any other State or local air pollution control agencies, the chief executives of the city and county where the source would be located; any comprehensive regional land use planning agency, any State, and any Federal Land Manager, whose lands may be affected by emissions from the source or modification. 15.5.Public comments submitted within thirty (30) days after the Secretary’s public notification of an opportunity for comment upon a proposed construction or relocation of a major stationary source or major modification and comments submitted within a specified period not to exceed fifteen (15) days after any public meeting to receive comment on such proposed construction, modification, or relocation shall be considered by the Secretary before making a final decision on the approvability of the application. The Secretary shall make copies of all comments available for public inspection in the same locations where the Secretary made available preconstruction information relating to the proposed source or modification. 15.6.The Secretary shall make a final determination whether construction shall be approved, approved with conditions, or disapproved. 15.7.The Secretary shall notify the applicant in writing of the final determination and make a copy of such notification available for public inspection at the same location where the Secretary made available preconstruction information and public comments relating to the proposed source or modification
W. Va. Code R. § 45-19-16 Public Meetings. 16.1.Public meetings to receive comments on permit applications shall be held when the Secretary deems it appropriate or when substantial interest is expressed, in writing, by persons who might reasonably be expected to be affected by the proposed major source or major modification. 16.2.The Secretary or the Secretary ‘s designee shall preside over such meetings and ensure that all interested parties have ample opportunity to present comments. Such meetings shall be held at a convenient place as near as practicable to the location of the proposed major source or major modification. 16.3.At a reasonable time prior to such meetings, the Secretary shall provide appropriate information to news media in the area where the proposed source or modification is to be located
W. Va. Code R. § 45-19-17 Permit Transfer, Cancellation and Responsibility. 17.1.Permit Transfer. -- A permittee may petition the Secretary for a transfer of a permit previously issued under 45CSR19. The Secretary shall approve such permit transfer provided the following conditions are met: 17.1.a.The permittee, in the petition, describes the reasons for the requested permit transfer and certifies that the subject source is in compliance with all the provisions and requirements of its permit, and 17.1.b.The transferee provides written acknowledgment that it accepts and will comply with all the requirements, terms, and conditions as contained in the subject permit. 17.2.Permit Cancellation. 17.2.a.The Secretary shall cancel or suspend a permit if, after eighteen (18) months from the date of issuance the holder of the permit cannot provide the Secretary, at the Secretary’s request, with written proof of a good faith effort that such construction, modification or relocation has commenced and remains ongoing. Such proof shall be provided not later than thirty (30) days after the Secretary’s request. 17.2.b.The Secretary may cancel or suspend the permit if the plans and specifications upon which the approval was based or the conditions established in the permit are not adhered to. Upon notice of the Secretary’s intent to suspend, modify or revoke a permit, the permit holder may request a conference with the Secretary in accordance with the provisions of W.Va. Code §22-5-5 to show cause why the permit shall not be suspended, modified or revoked. 17.3.Responsibility. 17.3.a.Possession of a permit does not relieve any person of the responsibility of complying with any and all rules of the Secretary or W.Va. Code §22-1-1 et seq. and any other requirements under local, State or Federal law. 17.3.b.A source which has not operated at least five hundred (500) hours in one 12-month period within the past previous five-year time period may be considered permanently shutdown, unless such source can provide to the Secretary, with reasonable specificity, information to the contrary. All permits may be modified or revoked and/or reapplication or application for new permits may be required for any source determined to be permanently shutdown. 17.3.c.Any person who owns or operates any particular source or modification which becomes a major stationary source or major modification solely by virtue of a relaxation in any limitation, enforceable by the Administrator or the Secretary, on the capacity of the source or modification otherwise to emit a pollutant (such as a restriction on hours of operation), shall become subject to the requirements of this rule as though construction had not yet commenced on the source or modification. 17.3.d.Any owner or operator who constructs, modifies or operates a stationary source not in accordance with the permit application submitted or with the terms of any approval to construct, or any owner or operator of a stationary source or modification subject to this rule who commences construction without applying for and receiving permit approval from the Secretary, shall be subject to appropriate enforcement action in accordance with the W.Va. Code. 17.4.Except as otherwise provided in subdivision 17.4.f, the following specific provisions apply with respect to any regulated NSR pollutant emitted from projects at existing emissions units at a major stationary source, other than projects at a source with a PAL, in circumstances where there is a reasonable possibility, within the meaning of subdivision 17.4.f, that a project that is not a part of a major modification may result in a significant emissions increase of such pollutant, and the owner or operator elects to use the method specified in subdivisions 2.59.a through 2.59.c for calculating projected actual emissions: 17.4.a.Before beginning actual construction of the project, the owner or operator shall document and maintain a record of all of the following: 17.4.a.1.A description of the project; 17.4.a.2.Identification of the emissions unit or units whose emissions of a regulated NSR air pollutant could be affected by the project; and 17.4.a.3.A description of the applicability test used to determine that the project is not a major modification for any regulated NSR air pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under subdivision 2.59.c and an explanation why the amount was excluded, and any netting calculations, if applicable; 17.4.b.If the emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information required under subdivision 17.4.a to the Secretary. Nothing in this subdivision shall be construed to require the owner or operator of such a unit to obtain any determination from the Secretary before beginning actual construction. 17.4.c.The owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that is emitted by any emissions unit identified in subdivision
17.4.b. The owner or operator shall calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of 5 years following resumption of regular operations after the change, or for a period of 10 years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of that regulated NSR pollutant at such emissions unit. 17.4.d.If the emissions unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the Secretary within 60 days after the end of each year during which records must be generated under subdivision 17.4.c setting out the unit’s annual emissions during the calendar year that preceded submission of the report. 17.4.e.If the emissions unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the Secretary if the annual emissions, in tons per year, from the project identified in subdivision 17.4.a, exceed the baseline actual emissions, as documented and maintained pursuant to subdivision 17.4.c, by a significant amount for that regulated NSR air pollutant, and if the emissions differ from the preconstruction projection that was provided to the Secretary pursuant to subdivision 17.4.b. The report shall be submitted to the Secretary within 60 days after the end of the year. The report shall contain the following information: 17.4.e.1.The name, address and telephone number of the major stationary source; 17.4.e.2.The annual emissions as calculated pursuant to paragraph 17.4.a.3; and 17.4.e.3.Any other information that the owner or operator wishes to include in the report, e.g., an explanation as to why the emissions differ from the preconstruction projection. 17.4.f.A “reasonable possibility” under subsection 17.4 occurs when the owner or operator calculates the project to result in either: 17.4.f.1.A projected actual emissions increase of at least 50 percent of the amount that is a “significant emissions increase,” as defined under subsection 2.67 (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant; or 17.4.f.2.A projected actual emissions increase that, added to the amount of emissions excluded under subdivision 2.59.c, sums to at least 50 percent of the amount that is a “significant emissions increase,” as defined under subsection 2.67 (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only within the meaning of this paragraph, and not also within the meaning of paragraph 17.4.f.1, then provisions under subdivisions 17.4.b through 17.4.e do not apply to the project. 17.5.The owner or operator of the source shall make the information required to be documented and maintained pursuant to subsection 17.4 available for review upon request for inspection by the Secretary or the public. 17.6.The requirements of this rule applicable to major stationary sources and major modifications of volatile organic compounds shall apply to nitrogen oxides emissions from major stationary sources and major modifications of nitrogen oxides in an ozone transport region or in any ozone nonattainment area, except in ozone nonattainment areas or in portions of an ozone transport region where the Administrator has granted a NO waiver applying the standards set forth under section 182(f) of the CAA and the waiver continues to apply. 17.7.Emission Offset Ratios. 17.7.a.In meeting the emissions offset requirements of subsection 7.1, the ratio of total actual emissions reductions to the emissions increase shall be at least 1:1 unless an alternative ratio is provided for the applicable nonattainment area in subdivisions 17.7.b through 17.7.d. 17.7.b.In meeting the emissions offset requirements of subsection 7.1 for ozone nonattainment areas that are subject to Title I, Part D, Subpart 2 of the CAA, the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be as follows: 17.7.b.1.In any marginal nonattainment area for ozone -- at least 1.1:1; 17.7.b.2.In any moderate nonattainment area for ozone -- at least 1.15:1; 17.7.b.3.In any serious nonattainment area for ozone -- at least 1.2:1; 17.7.b.4.In any severe nonattainment area for ozone -- at least 1.3:1 (except that the ratio may be at least 1.2:1 if the approved plan also requires all existing major sources in such nonattainment area to use BACT for the control of VOC); and 17.7.b.5.In any extreme nonattainment area for ozone -- at least 1.5:1 (except that the ratio may be at least 1.2:1 if the approved plan also requires all existing major sources in such nonattainment area to use BACT for the control of VOC); and 17.7.c.Notwithstanding the requirements of subdivision 17.7.b for meeting the requirements of subsection 7.1, the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be at least 1.15:1 for all areas within an ozone transport region that is subject to Title I, Part D,
Subpart 2 of the CAA, except for serious, severe, and extreme ozone nonattainment areas that are subject to Title I, Part D, Subpart 2 of the CAA. 17.7.d.In meeting the emissions offset requirements of subsection 7.1 for ozone nonattainment areas that are subject to Title I, Part D, Subpart 1 of the CAA (but are not subject to Title I, Part D,
Subpart 2 of the CAA, including 8-hour ozone nonattainment areas subject to 40 CFR 51.902(b)), the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be at least 1:1. 17.8.The requirements of this rule applicable to major stationary sources and major modifications of shall also apply to major stationary sources and major modifications of PM precursors, except where the Administrator determines that such sources do not contribute significantly to PM levels that exceed the PM ambient standards in the area. 17.9.In meeting the emissions offset requirements of section 7, the emissions offsets obtained shall be for the same regulated NSR pollutant.
W. Va. Code R. § 45-19-18 Disposition of Permits. 18.1.In the event that the Secretary promulgates revisions to this rule, or in the event of a redesignation of an attainment or non-attainment area (in accordance with §107 of the CAA) prior to final disposition of a permit, the Secretary shall make final disposition of the permit application in accordance with such newly promulgated standards or redesignation
W. Va. Code R. § 45-19-19 Requirements for Air Quality Models. 19.1.All estimates of ambient concentrations required under this rule shall be based on the applicable air quality models, data bases, and other requirements specified in 40 CFR Part 51, Appendix W (Guideline on Air Quality Models). 19.2.Where an air quality impact model specified in 40 CFR Part 51, Appendix W (Guideline on Air Quality Models) is inappropriate, the model may be modified or another model substituted, provided that said modification or substitution is approved in writing by the Administrator
W. Va. Code R. § 45-19-20 [Reserved.]
W. Va. Code R. § 45-19-21 [Reserved.]
W. Va. Code R. § 45-19-22 [Reserved.]
W. Va. Code R. § 45-19-23 Actuals PAL. 23.1.Applicability. 23.1.a.The Secretary may approve the use of an actuals PAL for any existing major stationary source, except as provided in subdivision 23.1.b, if the PAL meets the requirements in subsections 23.1 through 23.15. The term “PAL” shall mean “actuals PAL” throughout section 23. 23.1.b.The Secretary shall not allow an actuals PAL for VOC or NO for any major stationary source located in an extreme ozone nonattainment area. 23.1.c.Any physical change in or change in the method of operation of a major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements in subsections 23.1 through 23.15, and complies with the PAL permit: 23.1.c.1.Is not a major modification for the PAL pollutant; 23.1.c.2.Does not have to be approved through the plan’s nonattainment major NSR program; and 23.1.c.3.Is not subject to the provisions in subdivision 17.3.c (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability of the nonattainment major NSR program). 23.1.d.Except as provided under paragraph 23.1.c.3, a major stationary source shall continue to comply with all applicable Federal or State requirements, emission limitations, and work practice requirements that were established prior to the effective date of the PAL. 23.2.Allowable emissions. -- For purposes of section 23, the term “allowable emissions” means “allowable emissions” as defined in subsection 2.4, except as this definition is modified according to subdivisions 23.2.a through 23.2.b. 23.2.a.The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit’s potential to emit. 23.2.b.An emissions unit’s potential to emit shall be determined using the definition in subsection 2.55, except that the words “or enforceable as a practical matter” shall be added after “federally enforceable.” 23.3.Permit application requirements. -- As part of a permit application submitted pursuant to 45CSR13 requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the Secretary for approval: 23.3.a.A list of all emissions units at the source designated as small, significant or major based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, Federal or State applicable requirements, emission limitations or work practices apply to each unit. 23.3.b.Calculations of the baseline actual emissions, with supporting documentation. Baseline actual emissions are to include emissions associated not only with operation of the unit, but also emissions associated with startup, shutdown and malfunction. 23.3.c.The calculation procedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12month rolling total for each month as required by subdivision 23.11.a. 23.4.General requirements for establishing PALs. 23.4.a.The Secretary may establish a PAL at a major stationary source, provided that at a minimum, the requirements in paragraphs 23.4.a.1 through 23.4.a.7 are met. 23.4.a.1.The PAL shall impose an annual emission limitation in tons per year, that is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period after the first 12 months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). For each month during the first 11 months from the PAL effective date, the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL. 23.4.a.2.The PAL shall be established in a PAL permit that meets the public participation requirements in subsection 23.5. 23.4.a.3.The PAL permit shall contain all the requirements of subsection 23.7. 23.4.a.4.The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source. 23.4.a.5.Each PAL shall regulate emissions of only one pollutant. 23.4.a.6.Each PAL shall have a PAL effective period of 10 years. 23.4.a.7.The owner or operator of the major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in subsections 23.12 through 23.14 for each emissions unit under the PAL through the PAL effective period. 23.4.b.At no time (during or after the PAL effective period) are emissions reductions of a PAL pollutant, which occur during the PAL effective period, creditable as decreases for purposes of offsets under subsections 7.2 through 7.6, 8.1 through 8.2 and 8.6 through 8.9 unless the level of the PAL is reduced by the amount of such emissions reductions and such reductions would be creditable in the absence of the PAL. 23.5.Public participation requirement for PALs. -- PALs for existing major stationary sources shall be established, renewed, or increased through a procedure that is consistent with 40 CFR §§ 51.160 and
51.161. The Secretary shall provide the public with notice of the proposed approval of a PAL permit and at least a 30-day period for submittal of public comment. The Secretary must address all material comments before taking final action on the permit. 23.6.Setting the 10-year actuals PAL level. 23.6.a.Except as provided in subdivision 23.6.b, the actuals PAL level for a major stationary source shall be established as the sum of the baseline actual emissions (as defined in subsection 2.53) of the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under subsection 2.66 or under the CAA, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24-month period must be used to determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24-month period may be used for each different PAL pollutant. Emissions associated with units that were permanently shutdown after this 24-month period must be subtracted from the PAL level.
The Secretary shall specify a reduced PAL level(s) (in tons/yr) in the PAL permit to become effective on the future compliance date(s) of any applicable Federal or State regulatory requirement(s) that the Secretary is aware of prior to issuance of the PAL permit. For instance, if the source owner or operator will be required to reduce emissions from industrial boilers in half from baseline emissions of 60 ppm to a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of such unit(s). 23.6.b.For newly constructed units (which do not include modifications to existing units) on which actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as specified in subdivision 23.6.a, the emissions must be added to the PAL level in an amount equal to the potential to emit of the units. 23.7.Contents of the PAL permit. -- The PAL permit shall contain, at a minimum, the information in subdivisions 23.7.a through 23.7.j. 23.7.a.The PAL pollutant and the applicable source-wide emission limitation in tons per year. 23.7.b.The PAL permit effective date and the expiration date of the PAL (PAL effective period). 23.7.c.Specification in the PAL permit that if a major stationary source owner or operator applies to renew a PAL in accordance with subsection 23.10 before the end of the PAL effective period, then the PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is issued by the Secretary. 23.7.d.A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns and malfunctions. 23.7.e.A requirement that, once the PAL expires, the major stationary source is subject to the requirements of subsection 23.9. 23.7.f.The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by subdivision 23.13.a. 23.7.g.A requirement that the major stationary source owner or operator monitor all emissions units in accordance with the provisions under subsection 23.12. 23.7.h.A requirement to retain the records required under subsection 23.3 on site. Such records may be retained in an electronic format. 23.7.i.A requirement to submit the reports required under subsection 23.14 by the required deadlines. 23.7.j.Any other requirements that the Secretary deems necessary to implement and enforce the PAL. 23.8.PAL effective period and reopening of the PAL permit. 23.8.a.PAL effective period. -- The Secretary shall specify a PAL effective period of 10 years. 23.8.b.Reopening of the PAL permit. 23.8.b.1.During the PAL effective period, the Secretary shall reopen the PAL permit to: 23.8.b.1.A.Correct typographical or calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL. 23.8.b.1.B.Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for use as offsets under subsections 7.2 through 7.6, 8.1 through 8.2 and 8.6 through 8.9. 23.8.b.1.C.Revise the PAL to reflect an increase in the PAL as provided under subsection 23.11. 23.8.b.2.The Secretary may reopen the PAL permit for the following: 23.8.b.2.A.Reduce the PAL to reflect newly applicable Federal requirements (for example, NSPS) with compliance dates after the PAL effective date. 23.8.b.2.B.Reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the Secretary may impose on the major stationary source under the plan. 23.8.b.2.C.Reduce the PAL if the Secretary determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality related value that has been identified for a Federal Class I area by a Federal Land Manager and for which information is available to the general public. 23.8.b.3.Except for the permit reopening in subparagraph 23.8.b.1.A for the correction of typographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried out in accordance with the public participation requirements of subsection 23.5. 23.9.Expiration of a PAL. -- Any PAL which is not renewed in accordance with the procedures in subsection 23.10 shall expire at the end of the PAL effective period, and the requirements in subdivision 23.9.a through 23.9.e shall apply. 23.9.a.Each emissions unit (or each group of emissions units) that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the procedures in paragraphs 23.9.a.1 through 23.9.a.2. 23.9.a.1.Within the time frame specified for PAL renewals in subdivision 23.10.b, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each group of emissions units, if such a distribution is more appropriate as decided by the Secretary) by distributing the PAL allowable emissions for the major stationary source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under subdivision 23.10.e, such distribution shall be made as if the PAL had been adjusted. 23.9.a.2.The Secretary shall decide whether and how the PAL allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the Secretary determines is appropriate. 23.9.b.Each emissions unit(s) shall comply with the allowable emission limitation on a 12month rolling basis. The Secretary may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission limitation. 23.9.c.Until the Secretary issues the revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under paragraph 23.9.a.1, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation. 23.9.d.Any physical change or change in the method of operation at the major stationary source will be subject to the nonattainment major NSR requirements if such change meets the definition of major modification in subdivision 2.33. 23.9.e.The major stationary source owner or operator shall continue to comply with any State or Federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that had been established pursuant to subdivision 17.3.c, but were eliminated by the PAL in accordance with the provisions in paragraph 23.1.c.3. 23.10.Renewal of a PAL. 23.10.a.The Secretary shall follow the procedures specified in subsection 23.5 in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the Secretary. 23.10.b.Application deadline. -- The owner or operator of a major stationary source shall submit a timely application to the Secretary to request renewal of a PAL. A timely application is one that is submitted at least 6 months prior to, but not earlier than 18 months from, the date of permit expiration.
This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued. 23.10.c.Application requirements. -- The application to renew a PAL permit shall contain the information required in paragraphs 23.10.c.1 through 23.10.c.4. 23.10.c.1.The information required in subdivisions 23.3.a through 23.3.c. 23.10.c.2.A proposed PAL level. 23.10.c.3.The sum of the potential to emit of all emissions units under the PAL (with supporting documentation). 23.10.c.4.Any other information the owner or operator wishes the Secretary to consider in determining the appropriate level for renewing the PAL. 23.10.d.PAL adjustment. -- In determining whether and how to adjust the PAL, the Secretary shall consider the options outlined in paragraphs 23.10.d.1 and 23.10.d.2. However, in no case may any such adjustment fail to comply with paragraph 23.10.d.3. 23.10.d.1.If the emissions level calculated in accordance with subsection 23.6 is equal to or greater than 80 percent of the PAL level, the Secretary may renew the PAL at the same level without considering the factors set forth in paragraph 23.10.d.2.; or 23.10.d.2.The Secretary may set the PAL at a level that it determines to be more representative of the source’s baseline actual emissions, or that it determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source’s voluntary emissions reductions, or other factors as specifically identified by the Secretary in its written rationale. 23.10.d.3.Notwithstanding paragraphs 23.10.d.1 and 23.10.d.2, 23.10.d.3.A.If the potential to emit of the major stationary source is less than the PAL, the Secretary shall adjust the PAL to a level no greater than the potential to emit of the source; and 23.10.d.3.B.The Secretary shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions of subsection 23.11 (increasing a PAL). 23.10.e.If the compliance date for a State or Federal requirement that applies to the PAL source occurs during the PAL effective period, and if the Secretary has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or title V permit renewal, whichever occurs first. 23.11.Increasing a PAL during the PAL effective period. 23.11.a.The Secretary may increase a PAL emission limitation only if the major stationary source complies with the provisions in paragraphs 23.11.a.1 through 23.11.a.4. 23.11.a.1.The owner or operator of the major stationary source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source’s emissions to equal or exceed its PAL. 23.11.a.2.As part of this application, the major stationary source owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus the sum of the allowable emissions of the new or modified emissions unit(s) exceeds the PAL. The level of control that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply. 23.11.a.3.The owner or operator obtains a major NSR permit for all emissions unit(s) identified in paragraph 23.11.a.1, regardless of the magnitude of the emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the nonattainment major NSR program process (for example, LAER), even though they have also become subject to the PAL or continue to be subject to the PAL. 23.11.a.4.The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. 23.11.b.The Secretary shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT equivalent controls as determined in accordance with paragraph 23.11.a.2), plus the sum of the baseline actual emissions of the small emissions units. 23.11.c.The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements of subsection 23.5. 23.12.Monitoring requirements for PALs. 23.12.a.General requirements. 23.12.a.1.Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time.
Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit. 23.12.a.2.The PAL monitoring system must employ one or more of the four general monitoring approaches meeting the minimum requirements set forth in paragraphs 23.12.b.1 through 23.12.b.4 and must be approved by the Secretary. 23.12.a.3.Notwithstanding paragraph 23.12.a.2, you may also employ an alternative monitoring approach that meets paragraph 23.12.a.1 if approved by the Secretary. 23.12.a.4.Failure to use a monitoring system that meets the requirements of this rule renders the PAL invalid. 23.12.b.Minimum Performance Requirements for Approved Monitoring Approaches. -- The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in subdivisions 23.12.c through 23.12.i: 23.12.b.1.Mass balance calculations for activities using coatings or solvents; 23.12.b.2.CEMS; 23.12.b.3.CPMS or PEMS; and 23.12.b.4.Emission Factors. 23.12.c.Mass Balance Calculations. -- An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements: 23.12.c.1.Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created by all materials used in or at the emissions unit; 23.12.c.2.Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and 23.12.c.3.Where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the Secretary determines there is sitespecific data or a site-specific monitoring program to support another content within the range.
23.12.d.CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements: 23.12.d.1.CEMS must comply with applicable Performance Specifications found in 40 CFR
Part 60, appendix B; and 23.12.d.2.CEMS must sample, analyze and record data at least every 15 minutes while the emissions unit is operating. 23.12.e.CPMS or PEMS. -- An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements: 23.12.e.1.The CPMS or the PEMS must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and 23.12.e.2.Each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the Secretary while the emissions unit is operating. 23.12.f.Emission factors. -- An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements: 23.12.f.1.All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors’ development; 23.12.f.2.The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and 23.12.f.3.If technically practicable, the owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within 6 months of PAL permit issuance, unless the Secretary determines that testing is not required. 23.12.g.A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit. 23.12.h.Notwithstanding the requirements in subdivisions 23.12.c through 23.12.g, where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the Secretary shall, at the time of permit issuance: 23.12.h.1.Establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s); or 23.12.h.2.Determine that operation of the emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL. 23.12.i.Re-validation. -- All data used to establish the PAL pollutant must be re-validated through performance testing or other scientifically valid means approved by the Secretary. Such testing must occur at least once every 5 years after issuance of the PAL. 23.13.Recordkeeping requirements. 23.13.a.The PAL permit shall require an owner or operator to retain a copy of all records necessary to determine compliance with any requirement of section 23 and of the PAL, including a determination of each emissions unit’s 12-month rolling total emissions, for 5 years from the date of such record. 23.13.b.The PAL permit shall require an owner or operator to retain a copy of the following records for the duration of the PAL effective period plus 5 years: 23.13.b.1.A copy of the PAL permit application and any applications for revisions to the PAL; and 23.13.b.2.Each annual certification of compliance pursuant to 45CSR30 and the data relied on in certifying the compliance. 23.14.Reporting and notification requirements. -- The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the Secretary in accordance with 45CSR30. The reports shall meet the requirements in subdivisions 23.14.a through 23.14.c. 23.14.a.Semi-Annual Report. -- The semi-annual report shall be submitted to the Secretary within 30 days of the end of each reporting period. This report shall contain the information required in paragraphs 23.14.a.1 through 23.14.a.7. 23.14.a.1.The identification of owner and operator and the permit number. 23.14.a.2.Total annual emissions (tons/year) based on a 12-month rolling total for each month in the reporting period recorded pursuant to subdivision 23.13.a. 23.14.a.3.All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, in calculating the monthly and annual PAL pollutant emissions. 23.14.a.4.A list of any emissions units modified or added to the major stationary source during the preceding 6-month period. 23.14.a.5.The number, duration, and cause of any deviations or monitoring malfunctions, other than the time associated with zero and span calibration checks, and any corrective action taken. 23.14.a.6.A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by subdivision 23.12.g. 23.14.a.7.A signed statement by the responsible official (as defined by 45CSR30) certifying the truth, accuracy, and completeness of the information provided in the report. 23.14.b.Deviation report. -- The major stationary source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report submitted pursuant to 45CSR30-5.1.c.3 shall satisfy this reporting requirement.
The deviation reports shall be submitted within the time limits prescribed by 45CSR30-5.1.c.3. The reports shall contain the following information: 23.14.b.1.The identification of owner and operator and the permit number; 23.14.b.2.The PAL requirement that experienced the deviation or that was exceeded; 23.14.b.3.Emissions resulting from the deviation or the exceedance; and 23.14.b.4.A signed statement by the responsible official (as defined by 45CSR30) certifying the truth, accuracy, and completeness of the information provided in the report. 23.14.c.Re-validation results. -- The owner or operator shall submit to the Secretary the results of any re-validation test or method within 3 months after completion of such test or method. 23.15.Transition requirements. 23.15.a.The Secretary shall not issue a PAL that does not comply with the requirements in subsections 23.1 through 23.15 after the Administrator has approved rules incorporating these requirements into the West Virginia State Implementation Plan. 23.15.b.The Secretary may supersede any PAL which was established prior to the date of approval of this rule by the Administrator with a PAL that complies with the requirements of subsections 23.1 through 23.15.
W. Va. Code R. § 45-19-24 Conflict with Other Permitting Rules. 24.1.For sources required to obtain a permit under this rule, the provisions of 45CSR13 and 45CSR14 requiring a permit do not apply, so that only a single preconstruction permit is required; provided however, that: 24.1.a.The base permit application fee of $1,000 pursuant to 45CSR22, subdivision 3.4.a shall apply to such sources in addition to other applicable fees; and 24.1.b.Any permit issued under this rule includes conditions that ensure compliance with the provisions of 45CSR13 and 45CSR19 to the extent applicable to any regulated NSR pollutant not otherwise covered under this rule. 24.2.For sources that may be subject to 45CSR13, 45CSR14 and/or 45CSR19, the more stringent provisions of each applicable rule shall apply
W. Va. Code R. § 45-19-25 Inconsistency Between Rules. 25.1.In the event of any inconsistency between this rule and any other rule of the West Virginia Department of Environmental Protection, such inconsistency shall be resolved by the determination of the Secretary and such determination shall be based upon the application of the more stringent provision, term, condition, method or rule
Series 20 Good Engineering Practice as Applies To Stack Heights
W. Va. Code R. § 45-20-1 General
1.1. Scope. -- This rule is promulgated to ensure that the degree of emission limitation required for the control of any air pollutant is not affected by that portion of any stack height which exceeds good engineering practice or by any other dispersion technique.
This rule adopts good engineering practice for stack heights and prohibits dispersion techniques. In furtherance, this rule adopts, by reference, the related US EPA Technical Support Documents as contained in the Federal Register dated July 8, 1985, beginning on Page 27892.
1.2. Authority. -- W. Va. Code '22-5-1 et seq.
1.3. Filing Date. -- June 15, 1989.
1.4. Effective Date. -- July 14, 1989.
W. Va. Code R. § 45-20-2 Definitions
2.1. "Stack" means any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct but not including flares.
2.2. "Stack in Existence" means that the owner or operator had:
2.2.a. begun, or caused to begin, a continuous program of physical onsite construction of the stack; or
2.2.b. entered into binding agreements or contractual obligations, which could not be canceled or modified without substantial loss to the owner or operator, to undertake a program of construction of the stack to be completed in a reasonable time.
2.3. "Dispersion Technique" means any technique which attempts to affect the concentration of a pollutant in the ambient air by:
2.3.a. using that portion of a stack which exceeds good engineering practice stack height; or
2.3.b. varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or
2.3.c. increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one stack; or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise.
2.3.d. Such techniques do not include: d.1. the reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream; or d.2. the merging of exhaust gas streams where: 2.A. the source owner or operator demonstrates that the facility was originally designed and constructed with such merged gas streams; or 2.B. after July 8, 1985, such merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion from the definition of "dispersion techniques" applies only to the emission limitation for the pollutant affected by such change in operation; or 2.C. before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emissions control equipment or was carried out for sound economic or engineering reasons. Where there was an increase in the emission limitation or, in the event that no emission limitation was in existence prior to the merging, an increase in the quantity of pollutants actually emitted prior to the merging, the Director shall presume that merging was significantly motivated by an intent to gain emissions credit for greater dispersion. If such a demonstration cannot be made by the source owner or operator that such merging was not significantly motivated by such intent, the Director shall deny credit for the effects of such merging in calculating the allowable emissions for the source; or d.3. smoke management in agricultural or silvicultural prescribed burning programs; or d.4. episodic restrictions on residential woodburning and open burning; or d.5. techniques which increase final exhaust gas plume rise where the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year.
2.4. "Good Engineering Practice" (GEP) stack height means the greater of:
2.4.a. 65 meters, measured from a ground-level elevation at the base of the stack; or 2.4.b. b.1. for stacks in existence on January 12, 1979, and for which the owner or operator had obtained all applicable permits or approvals required, Hg = 2.5H, provided the owner or operator produces evidence that this equation was actually relied on in establishing an emission limitation; or b.2. for all other stacks, Hg = H + 1.5L, where Hg = good engineering practice stack height, measured from the ground-level elevation at the base of the stack, H = height of nearby structure(s) measured from the ground-level elevation at the base of the stack, L = lesser dimension, height or projected width, of nearby structure(s) provided that the Director may require the use of a field study or fluid model to verify GEP stack height for the source; or
2.4.c. the height demonstrated by a fluid model or a field study approved by the Director, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures or nearby terrain features.
2.5. "Nearby" as used in Subsection 2.4 of this rule is defined for a specific structure or terrain feature; and
2.5.a. for purposes of applying the formulae provided in Subsection 2.4.b of this rule means that distance up to five (5) times the lesser of the height or the width dimension of a structure, but not greater than 0.8 km (2 mile), and
2.5.b. for conducting demonstrations under Subsection 2.4.c. means not greater than 0.8 km (2 mile), except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to 10 times the maximum height (Ht) of the feature, not to exceed two (2) miles if such feature achieves a height (Ht), 0.8 km from the stack that is at least 40 percent of the GEP stack height determined by the formulae provided in Subsection 2.4.b.B of this rule or twenty-six (26) meters, whichever is greater, as measured from the ground-level elevation at the base of the stack. The height of the structure or terrain feature is measured from the ground-level elevation at the base of the stack.
2.6. "Excessive Concentration" means for the purpose of determining good engineering practice stack height under Subsection 2.4.c and means:
2.6.a. for sources seeking credit for stack height exceeding that established under Subsection 2.4.b. of this rule, a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at least forty (40) percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and which contributes to a total concentration due to emissions from all sources that is greater than an ambient air quality standard. For sources subject to 45CSR14 the (Prevention of Significant Deterioration) an excessive concentration alternatively means a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features which individually is at least forty (40) percent in excess of the maximum concentration experienced in the absence of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and greater than a prevention of significant deterioration increment. The allowable emission rate to be used in making demonstrations under this part shall be prescribed by 45CSR16 (Standards of Performance for New Stationary Sources) that is applicable to the source category unless the owner or operator demonstrates that this emission rate is infeasible. Where such demonstrations are approved by the Director, an alternative emission rate shall be established in consultation with the source owner or operator;
2.6.b. for sources seeking credit after October 11, 1983, for increases in existing stack heights up to the heights established under Subsection 2.4.b of this rule, either: b.1. a maximum ground-level concentra- tion due in whole or part to downwash, wakes, or eddy effects as provided in Subsection 2.6.a of this rule except that the emission rate specified by any rule of the Director (or, in the absence of such a limit, the actual emission rate) shall be used; or b.2. the actual presence of a local nuisance caused by the existing stack, as determined by the Director, and
2.6.c. for sources seeking credit after January 12, 1979 for a stack height determined under Subsection 2.4.b of this rule where the Director requires the use of a field study or fluid model to verify GEP stack height, for sources seeking stack height credit after November 9, 1984, based on the aerodynamic influence of cooling towers, and for sources seeking stack height credit after December 31, 1970, based on the aerodynamic influence of structures not adequately represented by the equations in Subsection 2.4.b of this rule, a maximum ground-level concentration due in whole or part to downwash, wakes or eddy effects that is at least forty (40) percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects.
2.7. "Allowable Emissions" means the emission rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits or limits enforceable by the Director which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:
2.7.a. all other applicable standards as set forth in 45CSR15 (Emission Standards for Hazardous Air Pollutants) and 45CSR16 (Standards of Performance for New Stationary Sources);
2.7.b. all other applicable emissions limitations or permit conditions, including those with a future compliance date; or
2.7.c. The applicable federally enforceable emissions limitations or permit conditions, including those with a future compliance date.
2.8. "Director" means the Director of the Division of Environmental Protection..
2.9. "Air Pollutants" means solids, liquids, or gases which, if discharged into the air, may result in a statutory air pollution.
2.10. "Emission" means the release, escape, or emission of air pollutants into the air.
2.11. "Air Pollution", 'statutory air pollution', shall have the meaning ascribed to it in W. Va. Code '22-5-2. as amended.
2.12. Reserved.
2.13. "Ambient Air Quality Standard" means the numerical expression of a specified concentration level for a particular air pollutant in the ambient air and the time-averaging interval over which that concentration level is measured.
2.14. "Stationary Source" means any building, structure, facility, or installation which emits or may emit any air pollutant.
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..
W. Va. Code R. § 45-20-3 Standards
3.1. The degree of emission limits required for control of any air pollutant subject to any rule of the Director shall not be affected in any manner by:
3.1.a. so much of the stack height of any source as exceeds good engineering practice; or
3.1.b. any other dispersion technique.
3.2. Subsection 3.1. of this rule shall not apply with respect to:
3.2.a. any stack in existence before December 31, 1970; or
3.2.b. dispersion techniques implemented on or before December 31, 1970, except where pollutants are being emitted from such stacks or using such dispersion techniques by stationary sources, which were constructed, or reconstructed, or for which major modifications, as defined in 45CSR14 (Prevention of Significant Deterioration), were carried out after December 31, 1970; or
3.2.c. coal fired steam electric generating units subject to the provisions of Section 118 of the Clean Air Act, which commenced operation before July 1, 1957, and whose stacks were constructed under a construction contract awarded before February 8, 1974.
3.3. It is hereby adopted by reference the US EPA Technical Support Documents as referenced at 50 FR 27892 and 27893 (July 8, 1985), beginning on Page 27892, with such requirements applicable to any such sources controlled by this rule.
W. Va. Code R. § 45-20-4 Public Review Procedures
4.1. In the event that an applicant for a construction, modification, or relocation permit shall make a demonstration of good engineering practice in accordance with subdivision 2.4.c. of this rule, the Director shall not issue a construction, modification, or relocation permit to such source with a good engineering practice stack height that exceeds the height allowed by paragraphs 2.4.b.1 and 2.4.b.2 of this rule without first publishing notice of intent to issue such permit as a Class I legal notice in a newspaper of general circulation within the region in which the proposed construction, modification, or relocation would be located. Such legal notice shall contain, as a minimum, the name of the applicant, the type and location of the source, the proposed start-up date, and the expected impact from the source. The legal notice shall provide that the public shall have thirty (30) days within which to make comments to the Director.
4.2. The Director shall make available for public review a copy of the demonstration of good engineering practice in at least one (1) location in the region in which the proposed source, modification, or relocation shall be located.
4.3. The Director may provide opportunity for a public meeting at which interested persons may appear and submit written or oral comments regarding the demonstration of good engineering practice.
W. Va. Code R. § 45-20-5 Inconsistency Between Rules
5.1. In the event of any inconsistency between this rule and any other rule of the Director, 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.
45CSR20
Series 21 Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds
W. Va. Code R. § 45-21-1 General
1.1. Scope. -- This rule establishes reasonably available control technology to control emissions of volatile organic compounds from sources that manufacture, mix, store, use, or apply materials containing volatile organic compounds that are located in Cabell, Kanawha, Putnam, Wayne and Wood Counties.
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.
W. Va. Code R. § 45-21-2 Definitions
2.1. "Actual emissions" means the quantity of volatile organic compounds (VOCs) emitted from a source during a particular time period.
2.2. "Air pollution", “statutory air pollution” shall have the meaning ascribed to it in W. Va. Code §22-5-2.
2.3. “Alternative Emission Limitation” means an emission limitation that applies to a source during some but not all periods of normal operation (e.g., applies only during a specifically defined mode of operation such as startup or shutdown). An alternative emission limitation is a component of a continuously applicable emission limitation, and it may take the form of a control measure such as a design, equipment, work practice or operational standard (whether or not numerical).
2.4. "Ambient air" means that portion of the atmosphere, external to buildings, to which the general public has access.
2.5. "As applied" means including dilution solvents added before application of the coating.
2.6. "ASTM" means American Society for Testing And Materials.
2.7. "Bulk gasoline plant" means a gasoline storage and distribution facility with an average daily throughput of 76,000 liters (L) (20,000 gallons [gal]) of gasoline or less on a 30-day rolling average.
2.8. "Bulk gasoline terminal" means a gasoline storage facility that receives gasoline from refineries, delivers gasoline to bulk gasoline plants or to commercial or retail accounts, and has a daily throughput of more than 76,000 liters (20,000 gallons) of gasoline on a 30-day rolling average.
2.9. "Capture efficiency" means the weight per unit time of VOC entering a capture system and delivered to a control device divided by the weight per unit time of total VOC generated by a source of VOC, expressed as a percentage.
2.10. "Capture system" means all equipment (including, but not limited to, hoods, ducts, fans, booths, ovens, dryers, etc.) that contains, collects, and transports an air pollutant to a control device.
2.11. "Carbon adsorber" means an add-on control device which uses activated carbon to adsorb volatile organic compounds from a gas stream.
2.12. "Carbon adsorption system" means a carbon adsorber with an inlet and outlet for exhaust gases and a system to regenerate the saturated adsorbent.
2.13. "Coating" means a material applied onto or impregnated into a substrate for protective, decorative, or functional purposes. Such materials include, but are not limited to, paints, varnishes, sealants, adhesives, inks, maskants, and temporary protective coatings.
2.14. "Coating line" means a series of one or more coating applicators and any associated drying area and/or oven wherein a coating is applied, dried, and/or cured. A coating line ends at the point where the coating is dried or cured, or prior to any subsequent application of a different coating. It is not necessary to have an oven or a flashoff area in order to be included in this definition. This definition does not apply to web coating.
2.15. [RESERVED]
2.16. "Condensate" means volatile organic compound (VOC) liquid separated from natural gas, that condenses due to changes in the temperature and/or pressure and remains liquid at standard conditions.
2.17. "Condenser" means any heat transfer device used to liquify vapors by removing their latent heats of vaporization. Such devices include, but are not limited to, shell and tube, coil, surface, or contact condensers.
2.18. "Construction" means on-site fabrication, erection, or installation of a source, air pollution control or monitoring equipment, or a facility.
2.19. "Continuous vapor control system" means a vapor control system that treats vapors displaced from tanks during filling on a demand basis without intermediate accumulation.
2.20. "Control device" means equipment (such as an incinerator or carbon adsorber) used to reduce, by destruction or removal, the amount of air pollutant(s) in an air stream prior to discharge to the ambient air.
2.21. "Control system" means a combination of one or more capture system(s) and control device(s) working in concert to reduce discharges of pollutants to the ambient air.
2.22. "Crude oil" means a naturally occurring mixture that consists of hydrocarbons and/or sulfur, nitrogen, and/or oxygen derivatives of hydrocarbons and that is liquid at standard conditions.
2.23. "Day" means a period of 24 consecutive hours beginning at midnight local time, or beginning at a time consistent with a facility's operating schedule.
2.24. "Destruction or removal efficiency" means the amount of VOC destroyed or removed by a control device expressed as a percent of the total amount of VOC entering the device.
2.25. "Double block-and-bleed system" means two block valves connected in series with a bleed valve or line that can vent the line between the two block valves.
2.26. "Emission" means the release or discharge, whether directly or indirectly, of volatile organic compounds into the ambient air.
2.27. "Excess emissions" means those emissions in excess of any requirement, standard, or numerical emission limit specified in this regulation.
2.28. "External floating roof" means a cover over an open-top storage tank consisting of a double deck or pontoon single deck that rests upon and is supported by the volatile organic liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell.
2.29. "Facility" means all of the pollutant-emitting activities that are located on one or more contiguous or adjacent properties, and are under the control of the same person (or person under common control).
2.30. "First attempt at repair" means to take rapid action for the purpose of stopping or reducing leakage of volatile organic compounds to the atmosphere using best practices.
2.31. "Flashoff area" means the space between the coating application area and the oven.
2.32. "Gasoline" means any petroleum distillate or petroleum distillate/alcohol blend having a Reid vapor pressure of 27.6 kiloPascals (kPa) (8.15 inches of Mercury [in Hg]) or greater that is used as a fuel for internal combustion engines.
2.33. "Gasoline dispensing facility" means any site where gasoline is transferred from a stationary storage tank to a motor vehicle gasoline tank used to provide fuel to the engine of that motor vehicle.
2.34. "Gasoline tank truck" means any truck or trailer equipped with a storage tank that is used for the transport of gasoline or vapor from a source of supply to a stationary storage tank at a gasoline dispensing facility, bulk gasoline plant, or bulk gasoline terminal.
2.35. "Incinerator" means a combustion apparatus in which solid, semisolid, liquid, or gaseous combustible wastes are ignited and burned and from which the solid and gaseous residues contain little or no combustible material.
2.36. "Intermittent vapor control system" means a vapor control system that employs an intermediate vapor holder to accumulate vapors displaced from tanks during filling. The control device treats the accumulated vapors only during automatically controlled cycles.
2.37. "Knife coating" means the application of a coating material to a substrate by means of drawing the substrate beneath a knife that spreads the coating evenly over the full width of the substrate.
2.38. "Leak" means a VOC emission indicated by an instrument calibrated according to Method 21 of 40 CFR Part 60, Appendix A using zero air (less than 10 parts per million [ppm] of hydrocarbon in air) and a mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppm methane or n-hexane.
2.39. "Lease custody transfer" means the transfer of produced crude oil or condensate, after processing and/or treating in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other forms of transportation.
2.40. "Loading rack" means an aggregation or combination of gasoline loading equipment arranged so that all loading outlets in the combination can be connected to a tank truck or trailer parked in a specified loading space.
2.41. "Lower explosive limit" (also denoted as LEL) means the concentration of a compound in air below which a flame will not propagate if the mixture is ignited.
2.42. “Malfunction” means a sudden and unavoidable breakdown of process or control equipment.
2.43. "Maximum theoretical emissions" means the quantity of VOC that theoretically could be emitted by a source without control devices based on the design capacity or maximum production capacity of the source and 8,760 hours of operation per year. The design capacity or maximum production capacity includes use of coatings with the highest VOC content used in practice by the source for the two preceding years.
2.44. "Maximum true vapor pressure" means the equilibrium partial pressure exerted by a stored liquid at the temperature equal to: (1) for liquids stored above or below the ambient temperature, the highest calendar-month average of the liquid storage temperature, or (2) for liquids stored at the ambient temperature, the local maximum monthly average temperature as reported by the National Weather Service. This pressure shall be determined:
2.44.1. In accordance with methods described in American Petroleum Institute Bulletin 2517, "Evaporation Loss From External Floating Roof Tanks";
2.44.2. By using standard reference texts;
2.44.3. By ASTM D2879-83; or
2.44.4. By any other method approved by the U.S. EPA.
2.45. "Modification" or "Modified" means any physical change or change in a source which increases its potential to emit volatile organic compounds.
2.46. "Open-ended valve or line" means any valve, except a safety relief valve, having one side of the valve seat in contact with process fluid and one side open to the atmosphere, either directly or through open piping.
2.47. "Organic compound" means a chemical compound of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate.
2.48. "Oven" means a chamber within which heat is used to bake, cure, polymerize, and/or dry a coating.
2.49. "Overall emission reduction efficiency" means the weight per unit time of VOC removed or destroyed by a control device divided by the weight per unit time of VOC generated by a source, expressed as a percentage. The overall emission reduction efficiency is the product of the capture efficiency and the control device destruction or removal efficiency.
2.50. "Owner or operator" means any person who owns, leases, controls, operates, or supervises a facility, a source, or air pollution control or monitoring equipment.
2.51. "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, association or business entity of whatever nature.
2.52. "Petroleum" means crude oil and the oils derived from tar sands, shale, and coal.
2.53. "Petroleum liquid" means crude oil, condensate, and any finished or intermediate product manufactured or extracted at a petroleum refinery, but not including Nos. 2 through 6 fuel oils as specified in ASTM D396-78; gas turbine fuel oils Nos. 2-GT through 4-GT as specified in ASTM D2880-78; or diesel fuel oils Nos. 2-d and 4-D, as specified in ASTM D975-78.
2.54. "Petroleum refinery" means any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation of petroleum or through the redistillation, cracking, or reforming of unfinished petroleum derivatives.
2.55. "Plastisol" means a coating made of a mixture of finely divided resin and a plasticizer. Plastisol is applied as a thick gel that solidifies when heated.
2.56. "Pressure release" means the emission of materials resulting from system pressure being greater than set pressure of the pressure relief device.
2.57. "Prime coat" means the first of two or more coatings applied to a surface.
2.58. "Process unit shutdown" means a work practice or operational procedure that stops production from a process unit or part of a process unit. An unscheduled work practice or operational procedure that stops production from a process unit or part of a process unit for less than 24 hours is not a process unit shutdown. The use of spare equipment and technically feasible bypassing of equipment without stopping production are not process unit shutdowns.
2.59. "Reasonably Available Control Technology" (also denoted as RACT) means the lowest emission limit that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. It may require technology that has been applied to similar, but not necessarily identical, source categories.
2.60. "Reid vapor pressure" means the absolute vapor pressure of volatile crude oil and volatile non-viscous petroleum liquids, except liquified petroleum gases, as determined by American Society for Testing and Materials, D323-72.
2.61. "Repaired" means that equipment is adjusted, or otherwise altered, in order to eliminate a leak as indicated by one of the following: an instrument reading of 10,000 parts per million (ppm) or greater, indication of liquids dripping, or indication by a sensor that a seal or barrier fluid system has failed.
2.62. "Roll coating" means the application of a coating material to a moving substrate by means of hard rubber, elastomeric, or metal rolls.
2.63. "Rotogravure coating" means the application of a coating material to a substrate by means of a roll coating technique in which the pattern to be applied is recessed relative to the non-image area, and the coating material is picked up in these recessed areas and is transferred to the substrate.
2.64. “Secretary” means the Secretary of the Department of Environmental Protection or such other person to whom the Secretary has delegated authority or duties pursuant to W.Va. Code §§22-1-6 or 22-1-8.
2.65. “Shutdown” means the cessation of operation of a source subject to this rule for any reason, unless otherwise defined by a permit issued to create an alternative emission limitation.
2.66. "Solvent" means a substance that is liquid at standard conditions and is used to dissolve or dilute another substance; this term includes, but is not limited to, organic materials used as dissolvers, viscosity reducers, degreasing agents, or cleaning agents.
2.67. "Source" means any building, structure, equipment, or installation that directly or indirectly releases or discharges, or has the potential to release or discharge, VOCs into the ambient air.
2.68. "Standard conditions" means a temperature of 20C (68F) and pressure of 760 millimeters of Mercury (mm Hg) (29.92 in Hg).
2.69. "Startup" means the setting in operation of a source or of its emission control or emission monitoring equipment for any reason, unless otherwise defined by a permit issued to create an alternative emission limitation.
2.70. "Submerged fill" means the method of filling a gasoline tank truck or storage vessel where product enters within 150 millimeters (mm) (5.9 inches [in]) of the bottom of the tank truck or storage vessel. Bottom filling of tank trucks and storage vessels is included in this definition.
2.71. "Substrate" means the surface onto which a coating is applied or into which a coating is impregnated.
2.72. "Topcoat" means the final coating(s), as applied, in a multiple-coat operation.
2.73. "True vapor pressure" means the equilibrium partial pressure exerted by a volatile organic liquid as determined in accordance with methods described in American Petroleum Institute Bulletin 2517, "Evaporation Loss From Floating Roof Tanks," second edition, February 1980.
2.74. "U.S. EPA" means the United States Environmental Protection Agency.
2.75. "Vapor balance system" means a closed system that allows the transfer or balancing of vapors, displaced during the loading or unloading of gasoline, from the tank being loaded to the tank being unloaded.
2.76. "Vapor collection system" means all piping, seals, hoses, connections, pressure-vacuum vents, and other equipment between the gasoline tank truck and the vapor processing unit and/or the storage tanks and vapor holder.
2.77. "Vapor control system" means a system that limits or prevents release to the atmosphere of organic compounds in the vapors displaced from a tank during the transfer of gasoline.
2.78. "Vapor recovery system" means a vapor gathering system capable of collecting VOC vapors and gases emitted during the operation of any transfer, storage, or process equipment.
2.79. "Vapor-tight" means equipment that allows no loss of vapors. Compliance with vapor-tight requirements can be determined by checking to ensure that the concentration at a potential leak source is not equal to or greater than 100 percent of the lower explosive limit (LEL) when measured with a combustible gas detector, calibrated with propane, at a distance of 2.54 centimeters (cm) (1 inch [in]) from the source.
2.80. "Vapor-tight gasoline tank truck" means a gasoline tank truck that has demonstrated within the 12 preceding months that its product delivery tank will sustain a pressure change of not more than 75 mm (3.0 in) of water within 5 minutes (min) after it is pressurized to 450 mm (18 in) of water; or when evacuated to 150 mm (5.9 in) of water, the same tank will sustain a pressure change of not more than 75 mm (3.0 in) of water within 5 min. This capability is to be demonstrated using the test procedures specified in Method 27 of Appendix A of 40 CFR Part 60.
2.81. "[In] VOC service" means that the piece of equipment contains or contacts a process fluid that is at least 10 percent VOC by weight. Subdivision 5.9.2. specifies the VOC service determination methods.
2.82. "Volatile organic compound" (also denoted as VOC) means any organic compound that participates in atmospheric photochemical reactions. This includes any organic compound other than the following exempt compounds: methane, ethane, acetone, perchloroethylene, methyl chloroform (1,1,1-trichloroethane), CFC-113 (trichlorotrifluoroethane), methylene chloride, CFC-11 (trichlorofluoromethane), CFC-12 (dichlorodifluoromethane), CFC-22 (chlorodifluoromethane), FC-23 (trifluoromethane), CFC-114 (dichlorotetrafluoroethane), CFC-115 (chloropentaflouroethane), HCFC-123 (dichlorotrifluoroethane), HFC-134a (tetrafluoroethane), HCFC-141b (dichlorofluoroethane), HCFC-142b (chlorodifluoroethane), 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124), pentafluoroethane (HFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC-152a); and perfluorocarbon compounds which fall into these classes--
2.82.1. Cyclic, branched, or linear, completely fluorinated alkanes;
2.82.2. Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;
2.82.3. Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and
2.82.4. Sulfur-containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.
2.82.5. Any organic compounds that the U.S. EPA lists in Federal Register notices as being photochemically nonreactive are also included as exempt compounds. For purposes of determining compliance with emission limits, VOC will be measured by the test methods approved by the U.S. EPA. Where such a method also inadvertently measures compounds with negligible photochemical reactivity, an owner or operator may exclude these negligibly reactive compounds when determining compliance with an emissions standard.
2.83. "Web coating line" means all of the coating applicator(s), drying area(s), or oven(s), located between an unwind station and a rewind station, that are used to apply coating onto a continuous strip of substrate (the web). A web coating line need not have a drying oven.
2.84. 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..
W. Va. Code R. § 45-21-3 Applicability
3.1. All new and modified sources shall meet any applicable State or Federal rules for existing sources.
3.2. Nothing in this regulation shall be construed to exempt new and modified sources from meeting any other applicable State or Federal rules, including new source review requirements.
3.3. This regulation does not apply to any equipment at a facility used exclusively for chemical or physical analysis or determination of product quality and commercial acceptance provided the operation of the equipment is not an integral part of the production process and the total actual VOC emissions from all such equipment at the facility do not exceed 204 kilograms (kg) (450 pounds [lb]) in any calendar month.
3.4. Applicability thresholds.
3.4.1. Any facility that becomes subject to the provisions of this regulation by exceeding an applicability threshold shall remain subject to these provisions, even if its throughput or emissions later fall below the applicability threshold, except as provided in subsection 3.7.
3.4.2. Any facility that is currently subject to a State or Federal rule imposing control requirements for VOCs promulgated pursuant to the Clean Air Act Amendments of 1977 by exceeding an applicability threshold is and will remain subject to these provisions, even if its throughput or emissions have fallen or later fall below the applicability threshold, except as provided in subsection 3.7.
3.5. The owner or operator of any facility that claims exemption from the provisions of this regulation by reason of meeting the conditions in subsection 3.3 shall maintain the following records in a readily accessible location for at least 3 years and shall make those records available to the Secretary upon verbal or written request:
3.5.1. Records to document the purpose of the equipment for which the exemption is claimed.
3.5.2. Records to document the amount of each volatile organic compound (VOC)-containing material used in the equipment each calendar month and the VOC content of each material such that emissions can be determined.
3.6. The owner or operator of a facility or source subject to any control requirement of this regulation may comply with an alternative control plan that has been approved by the Secretary and the U.S. EPA.
3.7. The owner or operator of a facility subject to this regulation may petition the Secretary for exemption from the requirements of this regulation upon a showing that such facility no longer has the potential to emit volatile organic compounds. Any exemption granted shall be embodied in a consent order which shall contain terms and conditions necessary to ensure that no volatile organic compound may be emitted from the facility. For federal enforcement purposes, such exemption shall not be effective until approved by the U.S. EPA.
3.8. Any owner or operator that cannot comply with the emission limitations required by 45CSR21 during periods of startup or shutdown shall request an alternative emission limitation pursuant to 45CSR1.
W. Va. Code R. § 45-21-4 Compliance Certification, Recordkeeping, and Reporting Procedures for Coating Sources
4.1. To establish the records required under this section 4., the volatile organic compound (VOC) content of each coating, as applied, and the efficiency of each capture system and control device shall be determined by the applicable test methods and procedures specified in subsections 42. and 44.
4.2. Requirements for coating sources exempt from emission limitations. -- Any owner or operator of a coating line or operation that is exempt from the emission limitations of sections 11. through 19. because combined VOC emissions from all coating lines and operations at the facility are below the applicability threshold specified in the individual sections of this regulation, before the application of capture systems and control devices, shall comply with the following for each of sections 11. through 19. from which the owner or operator claims an exemption:
4.2.1. Certification. -- The owner or operator of a facility referenced in subsection 4.2. shall certify to the Secretary that the facility is exempt by providing the following:
4.2.1.a. Name and location of the facility;
4.2.1.b. Address and telephone number of the person responsible for the facility;
4.2.1.c. A declaration that the facility is exempt from the emission limitations of sections 11. through 19. because combined VOC emissions from all coating lines and operations at the facility are below the applicability threshold before the application of capture systems and control devices; and
4.2.1.d. Calculations of the daily-weighted average that demonstrate that the combined VOC emissions from all coating lines and operations at the facility for a day representative of current maximum production levels are 6.8 kilograms (kg) (15 pounds [lb]) or less before the application of capture systems and control devices. The following equation shall be used to calculate total VOC emissions for that day:
T = Total VOC emissions from coating lines and operations at the facility before the application of capture systems and control devices in units of kg/day (lb/day); n = Number of different coatings applied on each coating line or each operation at the facility; i = Subscript denoting an individual coating;
Ai = Mass of VOC per volume of coating (i) (minus water and exempt compounds), as applied, used at the facility in units of kilograms VOC per liter (kg VOC/L) (pounds VOC per gallon [lb VOC/gal]); and Bi = Volume of coating (i) (minus water and exempt compounds), as applied, used at the facility in units of liters per day (L/day) (gallons per day [gal/day]). The instrument or method by which the owner or operator accurately measured or calculated the volume of each coating, as applied, used shall be described in the certification to the Secretary.
4.2.2. Recordkeeping. -- The owner or operator of a facility referenced in subsection 4.2. shall collect and record all of the following information each day and maintain the information at the facility for a period of 3 years:
4.2.2.a. The name and identification number of each coating, as applied;
4.2.2.b. The mass of VOC per volume (minus water and exempt compounds) and the volume of coating (i) (minus water and exempt compounds), as applied, used each day; and
4.2.2.c. The total VOC emissions at the facility, as calculated using the equation in paragraph 4.2.1.d.
4.2.3. Reporting. -- The owner or operator of a facility referenced in subsection 4.2. shall notify the Secretary of any record showing that combined VOC emissions from all coating lines and operations at the coating facility exceed 6.8 kg (15 lb) on any day, before the application of capture systems and control devices. A copy of such record shall be sent to the Secretary within 30 days after the exceedance occurs.
4.3. Requirements for coating sources using complying coatings. -- Any owner or operator of a coating line or operation subject to the limitations of sections 11., 12., 13., 14., 15., 16., 17., 18., or 19. and complying by means of the use of complying coatings shall comply with the following:
4.3.1. Certification. -- Upon startup of a new coating line or operation, or upon changing the method of compliance for an existing subject coating line or operation from daily-weighted averaging or control devices to the use of complying coatings, the owner or operator of a coating line or operation referenced in subsection 4.3. shall certify to the Secretary that the coating line or operation is or will be in compliance with the requirements of the applicable section of this regulation on and after the initial startup date. Such certification shall include:
4.3.1.a. The name and location of the facility;
4.3.1.b. The address and telephone number of the person responsible for the facility;
4.3.1.c. Identification of subject sources;
4.3.1.d. The name and identification number of each coating, as applied, on each coating line or operation;
4.3.1.e. The mass of VOC per volume (minus water and exempt compounds) and the volume of each coating (minus water and exempt compounds), as applied; and
4.3.1.f. The time at which the facility's "day" begins if a time other than midnight local time is used to define a "day".
4.3.2. Recordkeeping. -- On and after the initial startup date, the owner or operator of a coating line or operation referenced in subsection 4.3. and complying by the use of complying coatings shall collect and record all of the following information each day for each coating line or operation and maintain the information at the facility for a period of 3 years:
4.3.2.a. The name and identification number of each coating, as applied, on each coating line or operation; and
4.3.2.b. The mass of VOC per volume of each coating (minus water and exempt compounds), as applied, used each day on each coating line or operation.
4.3.3. Reporting. -- The owner or operator of a subject coating line or operation referenced in subsection 4.3. shall notify the Secretary in the following instances:
4.3.3.a. Any record showing use of any non-complying coatings shall be reported by sending a copy of such record to the Secretary within 30 days following that use; and
4.3.3.b. At least 30 calendar days before changing the method of compliance from the use of complying coatings to daily-weighted averaging or control devices, the owner or operator shall comply with all requirements of subdivision 4.4.1. or subdivision 4.5.1., respectively. Upon changing the method of compliance from the use of complying coatings to daily-weighted averaging or control devices, the owner or operator shall comply with all requirements of the section of this regulation applicable to the coating line or operation referenced in subsection 4.3.
4.4. Requirements for coating sources using daily-weighted averaging. -- Any owner or operator of a coating line or operation subject to the limitations of sections 11., 12., 13., 14., 15., 16., 17., 18., or 19. and complying by means of daily-weighted averaging on that line or operation shall comply with the following:
4.4.1. Certification. -- Upon startup of a new coating line or operation, or upon changing the method of compliance for an existing subject coating line or operation from the use of complying coatings or control devices to daily-weighted averaging, the owner or operator of the subject coating line or operation shall certify to the Secretary that the coating line or operation is or will be in compliance with subsection 4.4. on and after the initial startup date. Such certification shall include:
4.4.1.a. The name and location of the facility;
4.4.1.b. The address and telephone number of the person responsible for the facility;
4.4.1.c. Identification of subject sources;
4.4.1.d. The name and identification number of each coating line or operation which will comply by means of daily-weighted averaging;
4.4.1.e. The instrument or method by which the owner or operator will accurately measure or calculate the volume of each coating (minus water and exempt compounds), as applied, used each day on each coating line or operation;
4.4.1.f. The method by which the owner or operator will create and maintain records each day as required in subdivision 4.4.2.;
4.4.1.g. An example of the format in which the records required in subdivision 4.4.2. will be kept;
4.4.1.h. Calculation of the daily-weighted average, using the procedure in subsection 43.1., for a day representative of current or projected maximum production levels; and
4.4.1.i. The time at which the facility's "day" begins if a time other than midnight local time is used to define a "day".
4.4.2. Recordkeeping. -- On and after the initial startup date, the owner or operator of a coating line or operation referenced in subsection 4.4. and complying by means of daily-weighted averaging shall collect and record all of the following information each day for each coating line or operation and maintain the information at the facility for a period of 3 years:
4.4.2.a. The name and identification number of each coating, as applied, on each coating line or operation;
4.4.2.b. The mass of VOC per volume (minus water and exempt compounds) and the volume of each coating (minus water and exempt compounds), as applied, used each day on each coating line or operation; and
4.4.2.c. The daily-weighted average VOC content of all coatings, as applied, on each coating line or operation calculated according to the procedure in subsection 43.1.
4.4.3. Reporting. -- The owner or operator of a subject coating line or operation referenced in subsection 4.4. shall notify the Secretary in the following instances:
4.4.3.a. Any record showing noncompliance with the applicable daily-weighted average requirements shall be reported by sending a copy of the record to the Secretary within 30 days following the occurrence, except as provided in subsection 9.3.
4.4.3.b. At least 30 calendar days before changing the method of compliance from daily-weighted averaging to the use of complying coatings or control devices, the owner or operator shall comply with all requirements of subdivision 4.3.1. or subdivision 4.5.1., respectively. Upon changing the method of compliance from daily-weighted averaging to the use of complying coatings or control devices, the owner or operator shall comply with all requirements of the section of this regulation applicable to the coating line or operation referenced in subsection 4.4. of this section.
4.5. Requirements for coating sources using control devices. -- Any owner or operator of a coating line or operation subject to the limitations of sections 11., 12., 13., 14., 15., 16., 17., 18., or 19. and complying by means of control devices shall comply with the following:
4.5.1. Testing of control equipment. -- Upon startup of a new coating line or operation, or upon changing the method of compliance for an existing coating line or operation from the use of complying coatings or daily-weighted averaging to control devices, the owner or operator of the subject coating line or operation shall perform a compliance test. Testing shall be performed pursuant to the procedures in sections 41. through 44. The owner or operator of the subject coating line or operation shall submit to the Secretary the results of all tests and calculations necessary to demonstrate that the subject coating line or operation is or will be in compliance with the applicable section of this regulation on and after the initial startup date.
4.5.2. Recordkeeping. -- On and after the initial startup date, the owner or operator of a coating line or operation referenced in subsection 4.5. shall collect and record all of the following information each day for each coating line or operation and maintain the information at the facility for a period of 3 years:
4.5.2.a. The name and identification number of each coating used on each coating line or operation;
4.5.2.b. The mass of VOC per unit volume of coating solids, as applied, the volume solids content, as applied, and the volume, as applied, of each coating used each day on each coating line or operation;
4.5.2.c. The maximum VOC content (mass of VOC per unit volume of coating solids, as applied) or the daily-weighted average VOC content (mass of VOC per unit volume of coating solids, as applied) of the coatings used each day on each coating line or operation;
4.5.2.d. The required overall emission reduction efficiency for each day for each coating line or operation as determined in subdivisions 11.5.3., 12.5.3., 13.5.3., 14.5.3., 15.5.3., 16.5.3., 17.5.3., 18.5.3., or 19.5.3.;
4.5.2.e. The actual overall emission reduction efficiency achieved for each day for each coating line or operation as determined in subsection 44.3.;
4.5.2.f. Control device monitoring data;
4.5.2.g. A log of operating time for the capture system, control device, monitoring equipment, and the associated coating line or operation;
4.5.2.h. A maintenance log for the capture system, control device, and monitoring equipment detailing all routine and non-routine maintenance performed including dates and duration of any outages;
4.5.2.i. For thermal incinerators, all 3-hour periods of operation in which the average combustion temperature was more than 28C (50F) below the average combustion temperature during the most recent performance test that demonstrated that the facility was in compliance;
4.5.2.j. For catalytic incinerators, all 3-hour periods of operation in which the average temperature of the process vent stream immediately before the catalyst bed is more than 28C (50F) below the average temperature of the process vent stream during the most recent performance test that demonstrated that the facility was in compliance; and
4.5.2.k. For carbon adsorbers, all 3-hour periods of operation during which the average VOC concentration or reading of organics in the exhaust gases is more than 20 percent greater than the average exhaust gas concentration or reading measured by the organics monitoring device during the most recent determination of the recovery efficiency of the carbon adsorber that demonstrated that the facility was in compliance.
4.5.3. Reporting. -- The owner or operator of a subject coating line or operation referenced in subsection 4.5. shall notify the Secretary in the following instances:
4.5.3.a. Any record showing noncompliance with the applicable requirements for control devices shall be reported by sending a copy of the record to the Secretary within 30 days following the occurrence, except as provided in subsection 9.3.
4.5.3.b. At least 30 calendar days before changing the method of compliance from control devices to the use of complying coatings or daily-weighted averaging, the owner or operator shall comply with all requirements of subdivision 4.3.1. or subdivision 4.4.1., respectively. Upon changing the method of compliance from control devices to the use of complying coatings or daily-weighted averaging, the owner or operator shall comply with all requirements of the section of this regulation applicable to the coating line or operation referenced in subsection 4.5.
W. Va. Code R. § 45-21-5 Compliance Certification, Recordkeeping, and Reporting Requirements for Non-Coating Sources
5.1. Initial compliance certification. -- The owner or operator of any facility containing sources that become subject to this section 5. after May 31, 1993 shall submit an initial compliance certification to the Secretary immediately upon start-up of the facility.
5.1.1. The initial compliance certification shall provide as a minimum the following information:
5.1.1.a. The name and location of the facility;
5.1.1.b. The address and telephone number of the person responsible for the facility; and
5.1.1.c. Identification of subject sources.
5.1.2. For each subject source, the initial compliance certification shall also provide as a minimum:
5.1.2.a. The applicable emission limitation, equipment specification, or work practice;
5.1.2.b. The method of compliance;
5.1.2.c. For each source subject to numerical emission limitations, the estimated emissions without control;
5.1.2.d. The control system(s) in use;
5.1.2.e. The design performance efficiency of the control system;
5.1.2.f. For each source subject to numerical emission limitations, the estimated emissions after control;
5.1.2.g. Certification that all subject sources at the facility are in compliance with the applicable emission limitation, equipment specification, or work practice; and
5.1.2.h. The time at which the facility's "day" begins if a time other than midnight local time is used to define a "day".
5.2. Reports of excess emissions. -- The owner or operator of any facility containing sources subject to this section 5. shall, for each occurrence of excess emissions expected to last more than 7 days, within 1 business day of becoming aware of such occurrence, supply the Secretary by letter with the following information:
5.2.1. The name and location of the facility;
5.2.2. The subject sources that caused the excess emissions;
5.2.3. The time and date of first observation of the excess emissions; and
5.2.4. The cause and expected duration of the excess emissions.
5.2.5. For sources subject to numerical emission limitations, the estimated rate of emissions (expressed in the units of the applicable emission limitation) and the operating data and calculations used in determining the magnitude of the excess emissions; and
5.2.6. The proposed corrective actions and schedule to correct the conditions causing the excess emissions.
5.3. Requirements for sources using control devices.
5.3.1. Initial compliance certification of control equipment. Testing of control equipment. -- Upon startup of a new source, or upon changing the method of compliance for an existing source, the owner or operator of the subject source shall perform all tests pursuant to the procedures in sections 41. and 44. and submit to the Secretary the results of all tests and calculations necessary to demonstrate that the subject source will be in compliance with the applicable section of this regulation on and after the initial startup date.
5.3.2. Recordkeeping.
5.3.2.a. Each owner or operator of a source subject to this section 5. shall maintain up-to-date, readily accessible records of any equipment operating parameters specified to be monitored in the applicable section of this regulation as well as up-to-date, readily accessible records of periods of operation during which the parameter boundaries established during the most recent performance test are exceeded. These records shall be maintained for at least 3 years. The Secretary may at any time require a report of these data. Periods of operation during which the parameter boundaries established during the most recent performance tests are exceeded are defined as follows:
5.3.2.a.1. For thermal incinerators, all 3-hour periods of operation in which the average combustion temperature was more than 28C (50F) below the average combustion temperature during the most recent performance test that demonstrated that the facility was in compliance.
5.3.2.a.2. For catalytic incinerators, all 3-hour periods of operation in which the average temperature of the process vent stream immediately before the catalyst bed is more than 28C (50F) below the average temperature of the process vent stream during the most recent performance test that demonstrated that the facility was in compliance.
5.3.2.a.3. For carbon adsorbers, all 3-hour periods of operation during which the average VOC concentration or reading of organics in the exhaust gases is more than 20 percent greater than the average exhaust gas concentration or reading measured by the organics monitoring device during the most recent determination of the recovery efficiency of the carbon adsorber that demonstrated that the facility was in compliance.
5.3.2.b. A log of operating time for the capture system, control device, monitoring equipment, and the associated source; and
5.3.2.c. A maintenance log for the capture system, control device, and monitoring equipment detailing all routine and non-routine maintenance performed including dates and duration of any outages.
W. Va. Code R. § 45-21-6 Requirements for Sources Complying by Use of Control Devices
6.1. Any owner or operator of a coating line or operation subject to this section 6. shall ensure that:
6.1.1. A capture system and control device are operated at all times that the line is in operation, and the owner or operator demonstrates compliance with this section through the applicable coating analysis and capture system and control device efficiency test methods specified in sections 42. and 44.; and
6.1.2. The control device is equipped with the applicable monitoring equipment specified in subsection 44.2., and the monitoring equipment is installed, calibrated, operated, and maintained according to the vendor's specifications at all times the control device is in use.
W. Va. Code R. § 45-21-7 Circumvention
7.1. No owner or operator subject to this regulation shall build, erect, install, or use any article, machine, equipment, process, or other method the use of which conceals emissions that would otherwise constitute non-compliance with an applicable regulation.
7.2. Subsection 7.1. includes, but is not limited to, the use of gaseous diluents to achieve compliance, and the piecemeal carrying out of an operation to avoid coverage by a regulation that applies only to operations larger than a specified size.
7.3. No owner or operator subject to this regulation shall discharge or dispose of VOCs or material containing VOCs to surface impoundments, pits, wastewater treatment facilities, or sewers for the purpose of circumventing any provision or requirement of this regulation.
W. Va. Code R. § 45-21-8 Handling, Storage, and Disposal of Volatile Organic Compounds (VOCs)
8.1. No owner or operator of a facility subject to the requirements of sections 11. through 20. and section 34. shall cause, allow, or permit the disposal of any volatile organic compound (VOC), or of any materials containing any VOC, at that facility in any 1 day in a manner that would permit the evaporation of more than 6.8 kilograms (kg) (15 pounds [lb]) of VOC into the ambient air. This provision does not apply to coating sources that are specifically exempt from the emission limitations of sections 11. through 20. and section 34.
8.2. No owner or operator of a facility subject to this section 8. shall use open containers for the storage or disposal of cloth or paper impregnated with VOCs that are used for surface preparation, cleanup, or coating removal.
8.3. No owner or operator of a facility subject to this section 8. shall store in open containers spent or fresh VOC to be used for surface preparation, cleanup or coating removal.
8.4. No owner or operator of a facility subject to this section 8. shall use VOCs for the cleanup of spray equipment unless equipment is used to collect the cleaning compounds and to minimize their evaporation to the atmosphere.
W. Va. Code R. § 45-21-9 Compliance Programs, Registration, Variance, Permits, Enforceability
9.1. Reserved.
9.2. Registration. -- All persons owning and/or operating a source subject to this regulation shall register such source(s) with the Secretary: The information required for registration shall be determined and provided in the manner specified by the Secretary. Registration forms shall be requested from the Secretary by the owner or operator of such source(s).
9.3. Reserved.
9.4. Permits. -- No person shall construct or modify any source subject to this regulation without first obtaining a permit for such construction or modification pursuant to regulations of the Secretary.
9.5. Enforceability. -- For the purpose of federal enforceability of the provisions of this regulation which are adopted and incorporated in the state implementation plan, references to the Secretary shall also mean the Administrator of the U.S. EPA.
9.6. Severability. -- The provisions of this regulation are severable and if any provision or part thereof shall be held invalid, unconstitutional, or inapplicable to any person or circumstance, such invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, sections, or parts of this regulation or their application to any persons and circumstances.
W. Va. Code R. § 45-21-10 [RESERVED]
W. Va. Code R. § 45-21-11 Can Coating
11.1. Applicability.
11.1.1. This section 11. applies to any can coating line used to apply the following coatings: sheet base coat, exterior base coat, interior body spray coat, overvarnish, side seam spray coat, exterior end coat, and end sealing compound coat.
11.1.2. The emission limits of this section 11. do not apply to coating lines within any facility whose actual emissions without control devices from all can coating lines within the facility are less than 6.8 kilograms (kg) (15 pounds [lb]) volatile organic compound (VOC) per day. An owner or operator of a facility whose emissions are below this applicability threshold shall comply with the certification, recordkeeping, and reporting requirements of subdivision 11.7.1.
11.2. Definitions. -- As used in this section 11., all terms not defined herein shall have the meaning given them in section 2.
11.2.1. "Can" means any cylindrical single walled container, with or without a top, cover, spout, and/or handle, that is manufactured from metal sheets thinner than 29 gauge (0.0141 inches [in]) and into which solid or liquid materials are packaged.
11.2.2. "Can coating line" means a coating line in which any coating is applied onto the surface of cans or can components.
11.2.3. "End sealing compound coat" means a compound applied onto can ends that functions as a gasket when the end is assembled onto the can.
11.2.4. "Exterior base coat" means a coating applied to the exterior of a two-piece can body to provide protection to the metal or to provide background for any lithographic or printing operation.
11.2.5. "Interior body spray coat" means a coating applied to the interior of the can body to provide a protective film between the product and the can.
11.2.6. "Overvarnish" means a coating applied directly over a design coating or directly over ink to reduce the coefficient of friction, to provide gloss, and to protect the finish against abrasion and corrosion.
11.2.7. "Sheet basecoat" means a coating applied to metal in sheet form to serve as either the exterior or interior of two-piece or three-piece can bodies or can ends.
11.2.8. "Side-seam spray coat" means a coating applied to the seam of a three-piece can.
11.2.9. "Three-piece can" means a can that is made by rolling a rectangular sheet of metal into a cylinder that is soldered, welded, or cemented at the seam and attaching two ends.
11.2.10. "Two-piece can" means a can whose body and one end are formed from a shallow cup and to which the other end is later attached.
11.2.11. "Two-piece can exterior end coat" means a coating applied by roller coating or spraying to the exterior end of a two-piece can to provide protection to the metal.
11.3. Standards.
11.3.1. No owner or operator of a can coating line subject to this section 11. shall cause or allow the application of any coating on that line with VOC content, as applied, that exceeds the limits in Table 45-21A.
Table 45-21A Emission Limit kg/L lb/gala Sheet basecoat and sheet overvarnish 0.34 2.8 Exterior basecoat and overvarnish (two-piece can) 0.34 2.8 Interior body spray coat 0.51 4.2 Two-piece can exterior end coat 0.51 4.2 Side seam spray coat 0.66 5.5 End sealing compound coat 0.44 3.7 a VOC content values are expressed in units of mass of VOC (kg, lb) per volume of coating (liter [L], gallon [gal]), minus water and exempt compounds, as applied.
11.3.2. As an alternative to compliance with the emission limits in subdivision 11.3.1., an owner or operator of a can coating line may comply with the requirements of this section 11. by meeting the requirements of subsection 11.4. or subsection 11.5.
11.4. Daily-weighted average limitations. -- No owner or operator of a can coating line subject to this section 11. shall apply coatings on that line, during any day, whose daily-weighted average VOC content, calculated in accordance with the procedure specified in section 43., exceeds the emission limits in subdivision 11.3.1.
11.5. Control devices. -- An owner or operator of a can coating line subject to this section 11. shall comply with this section 11. by:
11.5.1. Installing and operating a capture system on that line;
11.5.2. Installing and operating a control device on that line;
11.5.3. Determining for each day the overall emission reduction efficiency needed to demonstrate compliance. The overall emission reduction needed for a day is the lesser of the value calculated according to the procedure in subsection 43.2. for that day or 95 percent; and
11.5.4. Demonstrating each day that the overall emission reduction efficiency achieved for that day, as determined in subsection 44.3., is greater than or equal to the overall emission reduction efficiency required for that day.
11.6. Test methods. -- The test methods found in sections 41. through 44. shall be used to determine compliance with this section 11.
11.7. Recordkeeping and reporting.
11.7.1. An owner or operator of a can coating line that is exempt from the emission limitations in subsection 11.3. shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.2.
11.7.2. An owner or operator of a can coating line subject to this section 11. and complying with subsection 11.3. by the use of complying coatings shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.3.
11.7.3. An owner or operator of a can coating line subject to this section 11. and complying with subsection 11.4. by daily-weighted averaging shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.4.
11.7.4. An owner or operator of a can coating line subject to this section 11. and complying with subsection 11.5. by the use of control devices shall comply with the testing, reporting, and recordkeeping requirements in subsection 4.5.
W. Va. Code R. § 45-21-12 Coil Coating
12.1. Applicability.
12.1.1. This section 12. applies to any coil coating operation.
12.1.2. This section 12. does not apply to any coating operation within a facility whose actual emissions without control devices from all coil coating operations within the facility are less than 6.8 kilograms (kg) (15 pounds [lb]) volatile organic compound (VOC) per day. An owner or operator of a facility whose emissions are below this applicability threshold shall comply with the certification, recordkeeping, and reporting requirements of subdivision 12.7.1.
12.2. Definitions. -- As used in this section 12., all terms not defined herein shall have the meaning given them in section 2.
12.2.1. "Coil" means any continuous metal strip with thickness of 0.15 millimeter (mm) (0.006 inch [in]) or more that is packaged in a roll or coil.
12.2.2. "Coil coating line" means a web coating line where coating is applied to coil.
12.2.3. "Coil coating operation" means a coating application station and its associated flashoff area, drying area, and/or drying oven wherein coating is applied and dried or cured on a coil coating line. A coil coating line may include more than one coil coating operation.
12.3. Standards.
12.3.1. No owner or operator of a coil coating operation subject to this section 12. shall cause or allow the application of any coating on that operation with VOC content in excess of 0.31 kilograms per liter (kg/L) (2.6 pounds per gallon [lb/gal]) of coating, minus water and exempt compounds, as applied.
12.3.2. As an alternative to compliance with the emission limit in subdivision 12.3.1., an owner or operator of a coil coating operation may meet the requirements of subsection 12.4. or subsection 12.5.
12.4. Daily-weighted average limitation. -- No owner or operator of a coil coating operation subject to this section 12. shall apply coatings on that operation, during any day, whose daily-weighted average VOC content, calculated in accordance with the procedure specified in section 43., exceeds the emission limit in subdivision 12.3.1.
12.5. Control devices. -- An owner or operator of a coil coating operation subject to this section 12. shall comply with this section 12. by:
12.5.1. Installing and operating a capture system on that operation;
12.5.2. Installing and operating a control device on that operation;
12.5.3. Determining for each day the overall emission reduction efficiency needed to demonstrate compliance. The overall emission reduction needed for a day is the lesser of the value calculated according to the procedure in subsection 43.2. for that day or 95 percent; and
12.5.4. Demonstrating each day that the overall emission reduction efficiency achieved for that day, as determined in subsection 44.3., is greater than or equal to the overall emission reduction efficiency required for that day.
12.6. Test methods. -- The test methods found in sections 41. through 44. shall be used to determine compliance with this section 12.
12.7. Recordkeeping and reporting.
12.7.1. An owner or operator of a coil coating operation that is exempt from the emission limitations in subsection 12.3. shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.2.;
12.7.2. An owner or operator of a coil coating operation subject to this section 12. and complying with subsection 12.3. by the use of complying coatings shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.3.
12.7.3. An owner or operator of a coil coating operation subject to this section 12. and complying with subsection 12.4. by daily-weighted averaging shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.4.
12.7.4. An owner or operator of a coil coating operation subject to this section 12. and complying with subsection 12.5. by the use of control devices shall comply with the testing, reporting, and recordkeeping requirements in subsection 4.5.
W. Va. Code R. § 45-21-13 Paper Coating
13.1. Applicability.
13.1.1. This section 13. applies to any paper coating operation.
13.1.2. This section 13. does not apply to any coating operation within a facility whose actual emissions without control devices from all paper coating operations within the facility are less than 6.8 kilograms (kg) (15 pounds [lb]) volatile organic compound (VOC) per day. An owner or operator of a facility whose emissions are below this applicability threshold shall comply with the certification, recordkeeping, and reporting requirements of subdivision 13.7.1.
13.2. Definitions. -- As used in this section 13., all terms not defined herein shall have the meaning given them in section 2.
13.2.1. "Paper coating line" means a web coating line where coating is applied to paper. Printing presses are not considered paper coating lines. Products produced on a paper coating line include, but are not limited to, adhesive tapes and labels, book covers, post cards, office copier paper, drafting paper, and pressure sensitive tapes. Paper coating lines include, but are not limited to, application by impregnation or saturation or by the use of roll, knife, or rotogravure coating.
13.2.2. "Paper coating operation" means a coating application station and its associated flashoff area, drying area, and/or oven wherein coating is applied and dried or cured on a paper coating line. A paper coating line may include more than one paper coating operation.
13.3. Standards.
13.3.1. No owner or operator of a paper coating operation subject to this section 13. shall cause, allow, or permit the application of any coating on that operation with VOC content in excess of 0.35 kilograms per liter (kg/L) (2.9 pounds per gallon [lb/gal]) of coating, minus water and exempt compounds, as applied.
13.3.2. As an alternative to compliance with the emission limit in subdivision 13.3.1., an owner or operator of a paper coating operation subject to this section 13. may meet the requirements of subsection 13.4. or subsection 13.5.
13.4. Daily-weighted average limitation. -- No owner or operator of a paper coating operation subject to this section 13. shall apply coatings on that operation, during any day, whose daily-weighted average VOC content, calculated in accordance with the procedure specified in section 43., exceeds the emission limit in subdivision 13.3.1.
13.5. Control devices. -- An owner or operator of a paper coating operation subject to this section 13. shall comply with this section 13. by:
13.5.1. Installing and operating a capture system on that operation;
13.5.2. Installing and operating a control device on that operation;
13.5.3. Determining for each day the overall emission reduction efficiency needed to demonstrate compliance. The overall emission reduction needed for a day is the lesser of the value calculated according to the procedure in subsection 43.2. for that day or 95 percent; and
13.5.4. Demonstrating each day that the overall emission reduction efficiency achieved for that day, as determined in subsection 44.3., is greater than or equal to the overall emission reduction efficiency required for that day.
13.6. Test methods. -- The test methods found in sections 41. through 44. shall be used to determine compliance with this section 13.
13.7. Recordkeeping and reporting.
13.7.1. An owner or operator of a paper coating operation that is exempt from the emission limitations in subsection 13.3. shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.2.
13.7.2. An owner or operator of a paper coating operation subject to this section 13. and complying with subsection 13.3. by the use of complying coatings shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.3.
13.7.3. An owner or operator of a paper coating operation subject to this section 13. and complying with subsection 13.4. by daily-weighted averaging shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.4.
13.7.4. An owner or operator of a paper coating operation subject to this section 13. and complying with subsection 13.5. by the use of control devices shall comply with the testing, reporting, and recordkeeping requirements in subsection 4.5.
W. Va. Code R. § 45-21-14 Fabric Coating
14.1. Applicability.
14.1.1. This section 14. applies to any fabric coating operation.
14.1.2. This section 14. does not apply to any coating operation within a facility whose actual emissions without control devices from all fabric coating operations within the facility are less than 6.8 kilograms (kg) (15 pounds [lb]) volatile organic compound (VOC) per day. An owner or operator of a facility whose emissions are below this applicability threshold shall comply with the certification, recordkeeping, and reporting requirements of subdivision 14.7.1.
14.2. Definitions. -- As used in this section 14., all terms not defined herein shall have the meaning given them in section 2.
14.2.1. "Fabric coating line" means a web coating line where coating is applied to fabric. A fabric printing line is not considered a fabric coating line.
14.2.2. "Fabric coating operation" means a coating application station and its associated flashoff area, drying area, and/or oven wherein coating is applied and dried or cured in a fabric coating line. A fabric coating line may include more than one fabric coating operation.
14.3. Standards.
14.3.1. No owner or operator of a fabric coating operation subject to this section 14. shall cause or allow the application of any coating on that operation with VOC content in excess of 0.35 kilogram per liter (kg/L) (2.9 pounds per gallon [lb/gal]) of coating, minus water and exempt compounds, as applied.
14.3.2. As an alternative to compliance with the emission limit in subdivision 14.3.1., an owner or operator of a fabric coating operation subject to this section 14. may meet the requirements of subsection 14.4. or subsection 14.5.
14.4. Daily-weighted average limitation. -- No owner or operator of a fabric coating operation subject to this section 14. shall apply coatings on that operation, during any day, whose daily-weighted average VOC content, calculated in accordance with the procedure specified in section 43., exceeds the emission limit in subdivision 14.3.1.
14.5. Control devices. -- An owner or operator of a fabric coating operation subject to this section 14. shall comply with this section 14. by:
14.5.1. Installing and operating a capture system on that operation;
14.5.2. Installing and operating a control device on that operation;
14.5.3. Determining for each day the overall emission reduction efficiency needed to demonstrate compliance. The overall emission reduction needed for a day is the lesser of the value calculated according to the procedure in subsection 43.2. of this regulation for that day or 95 percent; and
14.5.4. Demonstrating each day that the overall emission reduction efficiency achieved for that day, as determined in subsection 44.3., is greater than or equal to the overall emission reduction efficiency required for that day.
14.6. Test methods. -- The test methods found in sections 41. through 44. shall be used to determine compliance with this section 14.
14.7. Recordkeeping and reporting.
14.7.1. An owner or operator of a fabric coating operation that is exempt from the emission limitations in subsection 14.3. shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.2.
14.7.2. An owner or operator of a fabric coating operation subject to this section 14. and complying with subsection 14.3. by the use of complying coatings shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.3.
14.7.3. An owner or operator of a fabric coating operation subject to this section 14. and complying with subsection 14.4. by daily-weighted averaging shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.4.
14.7.4. An owner or operator of a fabric coating operation subject to this section 14. and complying with subsection 14.5 by the use of control devices shall comply with the testing, reporting, and recordkeeping requirements in subsection 4.5.
W. Va. Code R. § 45-21-15 Vinyl Coating
15.1. Applicability.
15.1.1. This section 15. applies to any vinyl coating line.
15.1.2. This section 15. does not apply to any coating line within a facility whose actual emissions without control devices from all vinyl coating lines within the facility are less than 6.8 kilograms (kg) (15 pounds [lb]) volatile organic compound (VOC) per day. An owner or operator of a facility whose emissions are below this applicability threshold shall comply with the certification, recordkeeping, and reporting requirements of subdivision 15.7.1.
15.2. Definitions. -- As used in this section 15., all terms not defined herein shall have the meaning given them in section 2.
15.2.1. "Vinyl coating line" means a web coating line where a decorative, functional, or protective coating is applied to a continuous web of vinyl or vinyl-coated fabric. Lines used for coating and/or printing on vinyl and coating and/or printing on urethane are considered vinyl coating lines.
15.3. Standards.
15.3.1. No owner or operator of a vinyl coating line subject to this section 15. shall cause or allow the application of any coating on that line with VOC content in excess of 0.45 kilograms per liter (kg/L) (3.8 pounds per gallon [lb/gal]) of coating, minus water and exempt compounds, as applied.
15.3.2. As an alternative to compliance with the emission limit in subdivision 15.3.1., an owner or operator of a vinyl coating line subject to this section 15. may meet the requirements of subsection 15.4. or subsection 15.5.
15.4. Daily-weighted average limitation. -- No owner or operator of a vinyl coating line subject to this section 15. shall apply coatings on any such line, during any day, whose daily-weighted average VOC content, calculated in accordance with the procedure specified in section 43., exceeds the emission limit in subdivision 15.3.1.
15.5. Control devices. -- An owner or operator of a vinyl coating line subject to this section 15. shall comply with this section 15. by:
15.5.1. Installing and operating a capture system on that line;
15.5.2. Installing and operating a control device on that line;
15.5.3. Determining for each day the overall emission reduction efficiency needed to demonstrate compliance. The overall emission reduction needed for a day is the lesser of the value calculated according to the procedure in subsection 43.2. for that day or 95 percent; and,
15.5.4. Demonstrating each day that the overall emission reduction efficiency achieved for that day, as determined in subsection 44.3., is greater than or equal to the overall emission reduction efficiency required for that day.
15.6. Test methods. -- The test methods found in sections 41. through 44. shall be used to determine compliance with this section 15.
15.7. Recordkeeping and reporting.
15.7.1. An owner or operator of a vinyl coating line that is exempt from the emission limitations in subsection 15.3. shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.2.
15.7.2. An owner or operator of a vinyl coating line subject to this section 15. and complying with subsection 15.3. by the use of complying coatings shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.3.
15.7.3. An owner or operator of a vinyl coating line subject to this section 15. and complying with subsection 15.4. by daily-weighted averaging shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.4.
15.7.4. An owner or operator of a vinyl coating line subject to this section 15. and complying with subsection 15.5. by the use of control devices shall comply with the testing, reporting, and recordkeeping requirements in subsection 4.5.
W. Va. Code R. § 45-21-16 Coating of Metal Furniture
16.1. Applicability.
16.1.1. This section 16. applies to any metal furniture coating line.
16.1.2. This section 16. does not apply to any coating line within a facility whose actual emissions without control devices from all metal furniture coating lines within the facility are less than 6.8 kilograms (kg) (15 pounds [lb]) volatile organic compound (VOC) per day. An owner or operator of a facility whose emissions are below this applicability threshold shall comply with the certification, recordkeeping, and reporting requirements of subdivision 16.7.1.
16.2. Definitions. -- As used in this section 16., all terms not defined herein shall have the meaning given them in section 2.
16.2.1. "Metal furniture" means any furniture piece made of metal or any metal part that will be assembled with other metal, wood, fabric, plastic, or glass parts to form a furniture piece including, but not limited to, tables, chairs, waste baskets, beds, desks, lockers, benches, shelving, file cabinets, and room dividers. This definition shall not apply to the coating of miscellaneous metal parts or products.
16.2.2. "Metal furniture coating line" means a coating line in which a protective, decorative, or functional coating is applied onto the surface of metal furniture.
16.3. Standards.
16.3.1. No owner or operator of a metal furniture coating line subject to this section 16. shall cause or allow the application of any coating on that line with VOC content in excess of 0.36 kilograms per liter (kg/L) (3.0 pounds per gallon [lb/gal]) of coating, minus water and exempt compounds, as applied.
16.3.2. As an alternative to compliance with the emission limit in subdivision 16.3.1., an owner or operator of a metal furniture coating line may meet the requirements of subsection 16.4. or subsection 16.5.
16.4. Daily-weighted average limitation. -- No owner or operator of a metal furniture coating line subject to this section 16. shall apply coatings on that line, during any day, whose daily-weighted average VOC content, calculated in accordance with the procedure specified in section 43., exceeds the emission limit in subdivision 16.3.1.
16.5. Control devices. -- An owner or operator of a metal furniture coating line subject to this section 16. shall comply with this section 16. by:
16.5.1. Installing and operating a capture system on that line;
16.5.2. Installing and operating a control device on that line;
16.5.3. Determining for each day the overall emission reduction efficiency needed to demonstrate compliance. The overall emission reduction needed for a day is the lesser of the value calculated according to the procedure in subsection 43.2. for that day or 95 percent; and
16.5.4. Demonstrating each day that the overall emission reduction efficiency achieved for that day, as determined in subsection 44.3., is greater than or equal to the overall emission reduction efficiency required for that day.
16.6. Test methods. -- The test methods found in sections 41. through 44. shall be used to determine compliance with this section.
16.7. Recordkeeping and reporting.
16.7.1. An owner or operator of a metal furniture coating line that is exempt from the emission limitations in subsection 16.3. shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.2.
16.7.2. An owner or operator of a metal furniture coating line subject to this section 16. and complying with subsection 16.3. by the use of complying coatings shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.3.
16.7.3. An owner or operator of a metal furniture coating line subject to this section 16. and complying with subsection 16.4. by daily-weighted averaging shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.4.
16.7.4. An owner or operator of a metal furniture coating line subject to this section 16. and complying with subsection 16.5. by the use of control devices shall comply with the testing, reporting, and recordkeeping requirements in subsection 4.5.
W. Va. Code R. § 45-21-17 Coating of Large Appliances
17.1. Applicability.
17.1.1. This section 17. applies to any large appliance coating line.
17.1.2. This section 17. does not apply to:
17.1.2.a. Any coating line within a facility whose actual emissions without control devices from all large appliance coating lines within the facility are less than 6.8 kilograms (kg) (15 pounds [lb]) volatile organic compound (VOC) per day; or,
17.1.2.b. The use of quick-drying lacquers for repair of scratches and nicks that occur during assembly, provided that the volume of coating does not exceed 0.95 liter (L) (0.25 gallon [gal]) in any one 8-hour period.
17.1.3. An owner or operator of a facility whose emissions are below this applicability threshold shall comply with the certification, recordkeeping, and reporting requirements of subdivision 17.7.1.
17.2. Definitions. -- As used in this section 17., all terms not defined herein shall have the meaning given them in section 2.
17.2.1. "Large appliance" means any residential or commercial washer, dryer, range, refrigerator, freezer, water heater, dishwasher, trash compactor, air conditioner, or other similar products under Standard Industrial Classification Code 363.
17.2.2. "Large appliance coating line" means a coating line in which any protective, decorative, or functional coating onto the surface of component metal parts (including, but not limited to, doors, cases, lids, panels, and interior parts) of large appliances.
17.3. Standards.
17.3.1. No owner or operator of a large appliance coating line subject to this section 17. shall cause or allow the application of any coating on that line with VOC content in excess of 0.34 kilograms per liter (kg/L) (2.8 pounds per gallon [lb/gal]) of coating, minus water and exempt compounds, as applied.
17.3.2. As an alternative to compliance with the emission limit in subdivision 17.3.1., an owner or operator of a large appliance coating line subject to this section 17. may meet the requirements of subsection 17.4. or 17. 5.
17.4. Daily-weighted average limitation. -- No owner or operator of a large appliance coating line subject to this section 17. shall apply coatings on that line, during any day, whose daily-weighted average VOC content, calculated in accordance with the procedure specified in section 43., exceeds the emission limit in subdivision 17.3.1.
17.5. Control devices. -- An owner or operator of a large appliance coating line subject to this section 17. shall comply with this section 17. by:
17.5.1. Installing and operating a capture system on that line;
17.5.2. Installing and operating a control device on that line;
17.5.3. Determining for each day the overall emission reduction efficiency needed to demonstrate compliance. The overall emission reduction needed for a day is the lesser of the value calculated according to the procedure in subsection 43.2. for that day or 95 percent; and
17.5.4. Demonstrating each day that the overall emission reduction efficiency achieved for that day, as determined in subsection 44.3., is greater than or equal to the overall emission reduction efficiency required for that day.
17.6. Test methods. -- The test methods found in sections 41. through 44. shall be used to determine compliance with this section 17.
17.7. Recordkeeping and reporting.
17.7.1. An owner or operator of a large appliance coating line that is exempt from the emission limitations in subsection 17.3. shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.2.
17.7.2. An owner or operator of a large appliance coating line subject to this section 17. and complying with subsection 17.3. by the use of complying coatings shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.3.
17.7.3. An owner or operator of a large appliance coating line subject to this section 17. and complying with subsection 17.4. by daily-weighted averaging shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.4.
17.7.4. An owner or operator of a large appliance coating line subject to this section 17. and complying with subsection 17.5. by the use of control devices shall comply with the testing, reporting, and recordkeeping requirements in subsection 4.5.
W. Va. Code R. § 45-21-18 Coating of Magnet Wire
18.1. Applicability.
18.1.1. This section 18. applies to any magnet wire coating line.
18.1.2. This section 18. does not apply to any coating line within a facility whose emissions without control devices from all magnet wire coating lines within the facility are less than 6.8 kilograms (kg) (15 pounds [lb]) volatile organic compound (VOC) per day. An owner or operator of a facility whose emissions are below this applicability threshold shall comply with the certification, recordkeeping, and reporting requirements of subdivision 18.7.1.
18.2. Definitions. -- As used in this section 18., all terms not defined herein shall have the meaning given them in section 2.
18.2.1. "Magnet wire coating line" means a coating line in which an electrically insulating varnish or enamel is applied onto the surface of wire for use in electrical machinery.
18.3. Standards.
18.3.1. No owner or operator of a magnet wire coating line subject to this section 18. shall cause or allow the use of any coating with VOC content in excess of 0.20 kilograms per liter (kg/L) (1.7 pounds per gallon [lb/gal]) of coating, minus water and exempt compounds, as applied.
18.3.2. As an alternative to compliance with the emission limit in subdivision 18.3.1., an owner or operator of a magnet wire coating line subject to this section 18. may meet the requirements of subsection 18.4. or subsection 18.5.
18.4. Daily-weighted average limitation. -- No owner or operator of a magnet wire coating line subject to this section 18. shall apply coatings on that line, during any day, whose daily-weighted average VOC content, calculated in accordance with the procedure specified in section 43., exceeds the emission limit in subdivision 18.3.1.
18.5. Control devices. -- An owner or operator of a magnet wire coating line subject to this section 18. shall comply with this section 18. by:
18.5.1. Installing and operating a capture system on that line;
18.5.2. Installing and operating a control device on that line;
18.5.3. Determining for each day the overall emission reduction efficiency needed to demonstrate compliance. The overall emission reduction needed for a day is the lesser of the value calculated according to the procedure in subsection 43.2. for that day or 95 percent; and
18.5.4. Demonstrating each day that the overall emission reduction efficiency achieved for that day, as determined in subsection 44.3., is greater than or equal to the overall emission reduction efficiency required for that day.
18.6. Test methods. -- The test methods found in sections 41. through 44. shall be used to determine compliance with this section 18.
18.7. Recordkeeping and reporting.
18.7.1. An owner or operator of a magnet wire coating line that is exempt from the emission limitations in subsection 18.3. shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.2.
18.7.2. An owner or operator of a magnet wire coating line subject to this section 18. and complying with subsection 18.3. by the use of complying coatings shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.3.
18.7.3. An owner or operator of a magnet wire coating line subject to this section 18. and complying with subsection 18.4. by daily-weighted averaging shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.4.
18.7.4. An owner or operator of a magnet wire coating line subject to this section 18. and complying with subsection 18.5. by the use of control devices shall comply with the testing, reporting, and recordkeeping requirements in subsection 4.5.
W. Va. Code R. § 45-21-19 Coating of Miscellaneous Metal Parts
19.1. Applicability.
19.1.1. This section 19. applies to any miscellaneous metal parts and products coating line.
19.1.2. This section 19. does not apply to the coating of the following metal parts and products that are covered by other sections of this regulation:
19.1.2.a. Automobiles and light-duty trucks;
19.1.2.b. Metal cans;
19.1.2.c. Flat metal sheets and strips in the form of rolls or coils;
19.1.2.d. Magnet wire for use in electrical machinery;
19.1.2.e. Metal furniture; and
19.1.2.f. Large appliances.
19.1.3. This section 19. does not apply to:
19.1.3.a. Exterior of completely assembled aircraft;
19.1.3.b. Exterior of major aircraft subassemblies, if approved by the Secretary and the U.S. EPA;
19.1.3.c. Automobile and truck refinishing;
19.1.3.d. Customized top coating of automobiles and trucks, if production is less than 35 vehicles per day;
19.1.3.e. Exterior of completely assembled marine vessels; or
19.1.3.f. Exterior of major marine vessel subassemblies if approved by the Secretary and the U.S. EPA.
19.1.4. The emission limits in this section 19. do not apply to any coating line within a facility whose actual emissions without control devices from all miscellaneous metal part and products coating lines within the facility are less than 6.8 kilograms (kg) (15 pounds [lb]) volatile organic compound (VOC) per day. An owner or operator of a facility whose emissions are below this applicability threshold shall comply with the certification, recordkeeping, and reporting requirements of subdivision 19.7.1.
19.2. Definitions. -- As used in this section 19., all terms not defined herein shall have the meaning given them in section 2.
19.2.1. "Air-dried coating" means a coating that is dried by the use of air or forced warm air at temperatures up to 90C (194F).
19.2.2. "Clear coating" means a coating that (1) either lacks color and opacity or is transparent and (2) uses the surface to which it is applied as a reflective base or undertone color.
19.2.3. "Drum" means any cylindrical metal shipping container of 13- to 110-gallon capacity.
19.2.4. "Extreme environmental conditions" means any of the following: the weather all of the time, temperatures frequently above 95C (203F), detergents, abrasive and scouring agents, solvents, corrosive atmospheres, or similar environmental conditions.
19.2.5. "Extreme performance coatings" means coatings intended for exposure to extreme environmental conditions.
19.2.6. "Miscellaneous metal parts and products coating line" means a coating line in which a coating is applied to any miscellaneous metal parts and products.
19.2.7. "Miscellaneous parts and products" means any metal part or metal product, even if attached to or combined with a nonmetal part or product. Miscellaneous metal parts and products include, but are not limited to:
19.2.7.a. Large farm machinery (harvesting, fertilizing and planting machines, tractors, combines, etc.);
19.2.7.b. Small farm machinery (lawn and garden tractors, lawn mowers, rototillers, etc.);
19.2.7.c. Small appliances (fans, mixers, blenders, crock pots, dehumidifiers, vacuum cleaners, etc.);
19.2.7.d. Commercial machinery (office equipment, computers and auxiliary equipment, typewriters, calculators, vending machines, etc.);
19.2.7.e. Industrial machinery (pumps, compressors, conveyor components, fans, blowers, transformers, etc.);
19.2.7.f. Fabricated metal products (metal covered doors, frames, etc.);
19.2.7.g. Any other industrial category that coats metal parts or products under the Standard Industrial Classification Codes of Major Group 33 (primary metal industries), Major Group 34 (fabricated metal products), Major Group 35 (nonelectric machinery), Major Group 36 (electrical machinery), Major Group 37 (transportation equipment), Major Group 38 (miscellaneous instruments), and Major Group 39 (miscellaneous manufacturing industries); and
19.2.7.h. Application of underbody antichip materials (e.g., underbody plastisol) and coating application operations other than prime, primer surfacer, topcoat, and final repair operations at automobile and light-duty truck assembly plants.
19.2.8. "Pail" means any cylindrical metal shipping container of 1- to 12-gallon capacity and constructed of 29-gauge and heavier material.
19.2.9. "Refinishing" means the repainting of used equipment.
19.3. Standards.
19.3.1. No owner or operator of a miscellaneous metal parts and products coating line subject to this section 19. shall cause or allow the application of any coating with VOC content in excess of the emission limits in Table 45-21B.
Table 45-21B Emission Limit kg/La lb/gala Clear coating 0.52 4.3 Steel pail & drum interior coating 0.52 4.3 Air-dried coating 0.42 3.5 Extreme performance coating 0.42 3.5 All other coatings 0.36 3.0 a VOC content values are expressed in units of mass of VOC (kg, lb) per volume of coating (liter [L], gallon [gal]), minus water and exempt compounds, as applied.
19.3.2. If more than one emission limit in subdivision 19.3.1. applies to a specific coating, then the least stringent emission limit shall be applied.
19.3.3. As an alternative to compliance with the emission limits in subdivision 19.3.1., an owner or operator of a miscellaneous metal parts and products coating line may meet the requirements of subsection 19.4. or subsection 19.5.
19.4. No owner or operator of a miscellaneous metal parts and products coating line that applies multiple coatings, all of which are subject to the same numerical emission limitation within subdivision 19.3.1., during the same day (e.g., all coatings used on the line are subject to 0.42 kg/L [3.5 lb/gal]), shall apply coatings on that line during any day whose daily-weighted average VOC content calculated in accordance with the procedure specified in section 43. exceeds the coating VOC content limit corresponding to the category of coating used.
19.5. Control devices. -- An owner or operator of a miscellaneous metal parts and products coating line subject to this section 19. shall comply with this section 19. by:
19.5.1. Installing and operating a capture system on that line;
19.5.2. Installing and operating a control device on that line;
19.5.3. Determining for each day the overall emission reduction efficiency needed to demonstrate compliance. The overall emission reduction needed for a day is the lesser of the value calculated according to the procedure in subsection 43.2. for that day or 95 percent; and
19.5.4. Demonstrating each day that the overall emission reduction efficiency achieved for that day, as determined in subsection 44.3., is greater than or equal to the overall emission reduction efficiency required for that day.
19.6. Test methods. -- The test methods found in sections 41. through 44. shall be used to determine compliance with this section 19.
19.7. Recordkeeping and reporting.
19.7.1. An owner or operator of a miscellaneous metal parts and products coating line that is exempt from the emission limitations in subsection 19.3. shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.2.
19.7.2. An owner or operator of a miscellaneous metal parts and products coating line subject to this section 19. and complying with subsection 19.3. by the use of complying coatings shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.3.
19.7.3. An owner or operator of a miscellaneous metal parts and products coating line subject to this section 19. and complying with subsection 19.4. by daily-weighted averaging shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.4.
19.7.4. An owner or operator of a miscellaneous metal parts and products coating line subject to this section 19. and complying with subsection 19.5. by the use of control devices shall comply with the testing, reporting, and recordkeeping requirements in subsection 4.5.
W. Va. Code R. § 45-21-20 Coating of Flat Wood Paneling
20.1. Applicability.
20.1.1. This section 20. applies to all flat wood paneling coating lines.
20.1.2. This section 20. does not apply to:
20.1.2.a. Any coating line within any facility whose actual emissions without control devices from all flat wood paneling coating lines within the facility are less than 6.8 kilograms (kg) (15 pounds [lb]) volatile organic compound (VOC) per day; or
20.1.2.b. Class I hardwood panels, particle board used in furniture, insulation board, exterior siding, tileboard, and softwood plywood coating lines.
20.1.3. An owner or operator of a facility whose emissions are below the applicability threshold in paragraph 20.1.2.a. shall comply with the certification, recordkeeping, and reporting requirements of subsection 20.6.
20.2. Definitions. -- As used in this section 20., all terms not defined herein shall have the meaning given them in section 2.
20.2.1. "Class II hardboard paneling finish" means finishes that meet the specifications of Voluntary Product Standard PS-59-73 as approved by the American National Standards Institute.
20.2.2. "Flat wood paneling coating line" means a coating line used to apply and dry or cure coatings applied to flat wood panels including: printed interior panels made of hardwood plywood and thin particle board (i.e., less than or equal to 0.64 centimeters (cm) (0.25 inches [in]) in thickness); natural finish hardwood plywood panels; and hardwood paneling with Class II finishes.
20.2.3. "Hardboard" is a panel manufactured primarily from inter-felted ligno-cellulosic fibers that are consolidated under heat and pressure in a hot press.
20.2.4. "Hardwood plywood" is plywood whose surface layer is a veneer of hardwood.
20.2.5. "Natural finish hardwood plywood panels" means panels whose original grain pattern is enhanced by essentially transparent finishes frequently supplemented by fillers and toners.
20.2.6. "Printed interior panels" means panels whose grain or natural surface is obscured by fillers and basecoats upon which a simulated grain or decorative pattern is printed.
20.2.7. "Thin particleboard" is a manufactured board that is 0.64 cm (0.25 in) or less in thickness made of individual wood particles that have been coated with a binder and formed into flat sheets by pressure.
20.2.8. "Tileboard" means paneling that has a colored, waterproof surface coating.
20.3. Standards.
20.3.1. No owner or operator of a flat wood paneling coating line subject to this section 20. shall cause or allow VOC emissions from the coating of any flat wood paneling product in excess of the emission limits in Table 45-21C.
Table 45-21C Emission limit kg/100 m2a lb/1,000 ft2a Printed interior panels 2.9 6.0 Natural finish hardwood plywood panels 5.8 12.0 Class II finish on hardwood panels 4.8 10.0 a VOC content values are expressed in units of mass of VOC (kg, lb) per area of surface to which the coating is applied (100 square meters (m2), 1,000 square feet (ft2)).
20.3.2. As an alternative to compliance with the emission limits in subdivision 20.3.1., an owner or operator of a flat wood paneling coating line may meet the requirements of subsection 20.4 or meet the daily-weighted average limitation of subdivision 20.5.1.
20.4. Control devices. -- An owner or operator of a flat wood paneling coating line subject to this section 20. shall comply with this section 20. by:
20.4.1. Installing and operating a capture system on that line;
20.4.2. Installing and operating a control device on that line;
20.4.3. Determining for each day the overall emission reduction efficiency needed to demonstrate compliance. The overall emission reduction needed for a day is the lesser of the value calculated according to the procedure in subdivision 20.5.2. for that day or 95 percent; and
20.4.4. Demonstrating each day that the overall emission reduction efficiency achieved for that day, as determined in subsection 44.3., is greater than or equal to the overall emission reduction efficiency required for that day.
20.5. Test methods. -- The test methods found in sections 41., 42., 44. and this subsection 20.5 shall be used to determine compliance.
20.5.1. Daily-weighted average. -- The daily-weighted average VOC content, in units of mass of VOC per area of surface coated, of the coatings used on a day on a flatwood paneling coating line shall be calculated using the following equation:
VOCw = The daily-weighted average VOC content of the coatings, as applied, used on a coating line in units of kilograms of VOC per 100 square meters of surface area coated (kg VOC/100 m2) (pounds of VOC per 1,000 square feet of surface area coated (lb VOC/1,000 ft2) n = The number of different coatings, as applied, each day on a coating line;
Vi = The volume of each coating applied each day on a coating line in units of L (gal); and Ci = The VOC content of each coating, as applied, each day on a coating line in units of kg VOC/L of coating (lb VOC/gal); and a = Surface area coated per day in terms of m2/100 or surface area coated per day in terms of ft2/1000.
20.5.2. Calculate the required overall emission reduction efficiency of the control system for the day according to the following equation:
E = The required overall emission reduction efficiency of the control system for the day;
VOCa = (1) The maximum VOC content of the coatings, as applied, used each day on a coating line in units of kg VOC/100 m2 of surface area coated (lb VOC/1,000 ft2), as determined by the applicable test methods and procedures specified in section 42.; or (2) The daily-weighted average VOC content, as applied, of the coatings used each day on a coating line in units of kg VOC/100 m2 of surface area coated (lb VOC/1,000 ft2), as determined by the applicable test methods and procedures specified in section 42. and the procedure in subdivision 20.5.1.; and S = VOC emission limitation in terms of kg VOC.100 m2 of surface area coated (lb VOC/1,000 ft2).
20.6. Recordkeeping and reporting.
20.6.1. Requirements for coating sources exempt from emission limitations. -- An owner or operator of a flat wood paneling coating line that is exempt from the emission limitations of subdivision 20.3.1. because combined VOC emissions from all coating lines at the facility are below the applicability threshold specified in subdivision 20.1.2., before the application of capture systems and control devices, shall comply with the following:
20.6.1.a. Certification. -- The owner or operator of a facility referenced in subdivision 20.6.1. shall certify to the Secretary that the facility is exempt by providing the following:
20.6.1.a.1. The name and location of the facility;
20.6.1.a.2. The address and telephone number of the person responsible for the facility;
20.6.1.a.3. A declaration that the facility is exempt from the emission limitations of subdivision 20.3.1. because combined VOC emissions from all coating lines and at the facility are below the applicability threshold before the application of capture systems and control devices; and
20.6.1.a.4. Calculations of the daily-weighted average that demonstrate that the combined VOC emissions from all coating lines at the facility for a day representative of current maximum production levels are 6.8 kilograms (kg) (15 pounds [lb]) or less before the application of capture systems and control devices. The following equation shall be used to calculate total VOC emissions for that day:
T = Total VOC emissions from coating lines and operations at the facility before the application of capture systems and control devices in units of kg/day (lb/day); n = Number of different coatings applied on each coating line or each operation at the facility; i = Subscript denoting an individual coating;
C = Mass of VOC per area of surface to which the coating is applied in units of kg/100 m2 (lb/1,000 ft2);
D = The surface area coated at the facility each day in units of m2/day (ft2/day); a = Constant = 100 m2 if using metric units; and = 1,000 ft2 if using english units.
20.6.1.b. Recordkeeping. -- The owner or operator of a facility referenced in subdivision 20.6.1. shall collect and record all of the following information each day and maintain the information at the facility for a period of 3 years:
20.6.1.b.1. The name and identification number of each coating, as applied;
20.6.1.b.2. The volume of coating (i) (minus water and exempt compounds), as applied, used each day, and the surface area coated each day; and
20.6.1.b.3. The total VOC emissions at the facility, as calculated using the equation under subparagraph 20.6.1.a.4.
20.6.1.c. Reporting. -- The owner or operator of a facility referenced in subdivision 20.6.1. shall notify the Secretary of any record showing that combined VOC emissions from all coating lines and operations at the coating facility exceed 6.8 kg (15 lb) on any day, before the application of capture systems and control devices. A copy of such record shall be sent to the Secretary within 30 days after the exceedance occurs.
20.6.2. Requirements for coating sources using complying coatings. -- An owner or operator of a flat wood paneling subject to this section 20. and complying with subsection 20.3. by means of the use of complying coatings shall comply with the following:
20.6.2.a. Certification. -- Upon startup of a new coating line, or upon changing the method of compliance for an existing subject coating line from daily-weighted averaging or control devices to the use of complying coatings, the owner or operator of a coating line referenced in subdivision 20.6.2. shall certify to the Secretary that the coating line is or will be in compliance with the requirements of the applicable section of this regulation on and after the initial startup date. Such certification shall include:
20.6.2.a.1. The name and location of the facility;
20.6.2.a.2. The address and telephone number of the person responsible for the facility;
20.6.2.a.3. Identification of subject sources;
20.6.2.a.4. The name and identification number of each coating, as applied, on each coating line; and
20.6.2.a.5. The mass of VOC per area of surface to which the coating is applied in terms of kg/100 m2 (lb/1,000 ft2) and the surface area coated.
20.6.2.b. Recordkeeping. -- On and after the initial startup date, the owner or operator of a coating line referenced in subdivision 20.6.2. and complying by the use of complying coatings shall collect and record all of the following information each day for each coating line and maintain the information at the facility for a period of 3 years:
20.6.2.b.1. The name and identification number of each coating, as applied, on each coating line or operation; and
20.6.2.b.2. The mass of VOC per area of surface to which the coating is applied for each coating used each day on each coating line in terms of kg/100 m2 (lb/1,000 ft2).
20.6.2.c. Reporting. -- The owner or operator of a flatwood paneling coating line referenced in subdivision 20.6.2. shall notify the Secretary in the following instances:
20.6.2.c.1. Any record showing use of any non-complying coatings shall be reported by sending a copy of such record to the Secretary within 30 days following that use; and
20.6.2.c.2. At least 30 calendar days before changing the method of compliance from the use of complying coatings to daily-weighted averaging or control devices, the owner or operator shall comply with all requirements of paragraph 20.6.3.a. or paragraph 20.6.4.a., respectively. Upon changing the method of compliance from the use of complying coatings to daily-weighted averaging or control devices, the owner or operator shall comply with all requirements of the section of this regulation applicable to the coating line referenced in subdivision 20.6.2.
20.6.3. Requirements for coating sources using daily-weighted averaging. -- Any owner or operator of a coating line subject to the limitations of this section 20. and complying by means of daily-weighted averaging on that line shall comply with the following:
20.6.3.a. Certification. -- Upon startup of a new flat wood paneling coating line, or upon changing the method of compliance for an existing flat wood paneling coating line from the use of complying coatings or control devices to daily-weighted averaging, the owner or operator of the flat wood paneling coating line shall certify to the Secretary that the coating line or operation is or will be in compliance with the requirements of the applicable section of this rule on and after the initial startup date. Such certification shall include:
20.6.3.a.1. The name and location of the facility;
20.6.3.a.2. The address and telephone number of the person responsible for the facility;
20.6.3.a.3. Identification of subject sources;
20.6.3.a.4. The name and identification number of each coating line which will comply by means of daily-weighted averaging;
20.6.3.a.5. The instrument or method by which the owner or operator will accurately measure or calculate the volume of each coating (minus water and exempt compounds), as applied, used each day on each coating line;
20.6.3.a.6. The method by which the owner or operator will create and maintain records each day as required in paragraph 20.6.3.b.;
20.6.3.a.7. An example of the format in which the records required in paragraph 20.6.3.b. will be kept; and
20.6.3.a.8. Calculation of the daily-weighted average, using the procedure in subdivision 20.5.1., for a day representative of current or projected maximum production levels.
20.6.3.b. Recordkeeping. -- On and after the initial startup date, the owner or operator of a flat wood paneling coating line referenced in subdivision 20.6.3. and complying by means of daily-weighted averaging shall collect and record all of the following information each day for each coating line and maintain the information at the facility for a period of 3 years:
20.6.3.b.1. The name and identification number of each coating, as applied, on each coating line;
20.6.3.b.2. The mass of VOC per volume (minus water and exempt compounds) and the volume of each coating (minus water and exempt compounds), as applied, used each day on each coating line; and
20.6.3.b.3. The daily-weighted average VOC content of all coatings, as applied, on each coating line calculated according to the procedure in subdivision 20.5.1.
20.6.3.c. Reporting. -- The owner or operator of a subject coating line referenced in subdivision 20.6.3. shall notify the Secretary in the following instances:
20.6.3.c.1. Any record showing noncompliance with the applicable daily-weighted average requirements shall be reported by sending a copy of the record to the Secretary within 30 days following the occurrence, except as provided in subsection 9.3.
20.6.3.c.2. At least 30 calendar days before changing the method of compliance from daily-weighted averaging to the use of complying coatings or control devices, the owner or operator shall comply with all requirements of paragraph 20.6.2.a. or paragraph 20.6.4.a., respectively. Upon changing the method of compliance from daily-weighted averaging to the use of complying coatings or control devices, the owner or operator shall comply with all requirements of the section of this regulation applicable to the coating line referenced in subdivision 20.6.3.
20.6.4. Requirements for coating sources using control devices. -- Any owner or operator of a flat wood paneling coating line subject to this section 20. and complying with subsection 20.3. by the use of control devices shall comply with the following:
20.6.4.a. Testing of control equipment. -- Upon startup of a new coating line, or upon changing the method of compliance for an existing coating line from the use of complying coatings or daily-weighted averaging to control devices, the owner or operator of the subject coating line shall perform a compliance test. Testing shall be performed pursuant to the procedures in sections 41., 42., 44., and subsection 20.5. The owner or operator of the subject coating line shall submit to the Secretary the results of all tests and calculations necessary to demonstrate that the subject coating line is or will be in compliance with the applicable section of this regulation on and after the initial startup date.
20.6.4.b. Recordkeeping. -- On and after the initial startup date, the owner or operator of a coating line referenced in subdivision 20.6.4. shall collect and record all of the following information each day for each coating line and maintain the information at the facility for a period of 3 years:
20.6.4.b.1. The name and identification number of each coating used on each coating line;
20.6.4.b.2. The mass of VOC per area of surface to which the coating is applied in terms of kg/100 m2 (lb/1,000 ft2), and the surface area coated each day on each coating line;
20.6.4.b.3. The maximum VOC content (mass of VOC per area of surface to which the coating is applied in terms of kg/100 m2 (lb/1,000 ft2) or the daily-weighted average VOC content (mass of VOC per area of surface to which the coating is applied in terms of kg/100 m2 (lb/1,000 ft2) of the coatings used each day on each coating line;
20.6.4.b.4. The required overall emission reduction efficiency for each day for each coating line as determined in subdivision 20.4.3.;
20.6.4.b.5. The actual overall emission reduction efficiency achieved for each day for each coating line as determined in subsection 44.3.;
20.6.4.b.6. Control device monitoring data;
20.6.4.b.7. A log of operating time for the capture system, control device, monitoring equipment, and the associated coating line;
20.6.4.b.8. A maintenance log for the capture system, control device, and monitoring equipment detailing all routine and non-routine maintenance performed including dates and duration of any outages;
20.6.4.b.9. For thermal incinerators, all 3-hour periods of operation in which the average combustion temperature was more than 28C (50F) below the average combustion temperature during the most recent performance test that demonstrated that the facility was in compliance;
20.6.4.b.10. For catalytic incinerators, all 3-hour periods of operation in which the average temperature of the process vent stream immediately before the catalyst bed is more than 28C (50F) below the average temperature of the process vent stream during the most recent performance test that demonstrated that the facility was in compliance; and
20.6.4.b.11. For carbon adsorbers, all 3-hour periods of operation during which the average VOC concentration or reading of organics in the exhaust gases is more than 20 percent greater than the average exhaust gas concentration or reading measured by the organics monitoring device during the most recent determination of the recovery efficiency of the carbon adsorber that demonstrated that the facility was in compliance.
20.6.4.c. Reporting. -- The owner or operator of a subject coating line referenced in subdivision 20.6.4. shall notify the Secretary in the following instances:
20.6.4.c.1. Any record showing noncompliance with the applicable requirements for control devices shall be reported by sending a copy of the record to the Secretary within 30 days following the occurrence, except as provided in subsection 9.3.
20.6.4.c.2. At least 30 calendar days before changing the method of compliance from control devices to the use of complying coatings or daily-weighted averaging, the owner or operator shall comply with all requirements of paragraph 20.6.2.a. or paragraph 20.6.3.a., respectively. Upon changing the method of compliance from control devices to the use of complying coatings or daily-weighted averaging, the owner or operator shall comply with all requirements of the section of this regulation applicable to the coating line referenced in subdivision 20.6.4.
W. Va. Code R. § 45-21-21 Bulk Gasoline Plants
21.1. Applicability.
21.1.1. This section 21. applies to all unloading, loading, and storage operations at bulk gasoline plants and to any tank truck delivering or receiving gasoline at a bulk gasoline plant.
21.1.2. The following are subject only to the requirements of paragraphs 21.2.3.g., 21.2.3.h., and 21.2.3.i.:
21.1.2.a. Any stationary storage tank of 2,082 liters (L) (550 gallons [gal]) capacity or less notwithstanding section 8.; or
21.1.2.b. Any bulk gasoline plant with an average daily throughput of gasoline of less than 15,000 L (4,000 gal) on a 30-day rolling average provided that records are maintained according to the requirements in subdivision 21.4.1.
21.2. Standards.
21.2.1. Each bulk gasoline plant subject to this section 21. shall be equipped with a vapor balance system between the gasoline storage vessel and the incoming gasoline tank truck designed to capture and transfer vapors displaced during filling of the gasoline storage vessel. These lines shall be equipped with fittings that are vapor tight and that automatically and immediately close upon disconnection.
21.2.2. Each bulk gasoline plant subject to this section 21. shall be equipped with a vapor balance system between the gasoline storage vessel and the outgoing gasoline tank truck designed to capture and transfer vapors displaced during the loading of the gasoline tank truck. The vapor balance system shall be designed to prevent any vapors collected at one loading rack from passing to another loading rack.
21.2.3. Each owner or operator of a bulk gasoline plant subject to this section 21. shall act to ensure that the procedures in paragraphs 21.2.3.a. through 21.2.3.i. are followed during all loading, unloading, and storage operations:
21.2.3.a. The vapor balance system required by subdivisions 21.2.1. and 21.2.2. shall be connected between the tank truck and storage vessel during all gasoline transfer operations;
21.2.3.b. All storage vessel openings, including inspection hatches and gauging and sampling devices shall be vapor tight when not in use;
21.2.3.c. The gasoline tank truck compartment hatch covers shall not be opened during the gasoline transfer;
21.2.3.d. All vapor balance systems shall be designed and operated at all times to prevent gauge pressure in the gasoline tank truck from exceeding 450 millimeters (mm) (18 inches [in]) of water and vacuum from exceeding 150 mm (5.9 in) of water during product transfers;
21.2.3.e. No pressure vacuum relief valve in the bulk gasoline plant vapor balance system shall begin to open at a system pressure of less than 450 mm (18 in) of water or at a vacuum of less than 150 mm (5.9 in) of water;
21.2.3.f. All product transfers involving gasoline tank trucks at bulk gasoline plants subject to this section 21. shall be limited to vapor-tight gasoline tank trucks;
21.2.3.g. Filling of storage vessels shall be restricted to submerged fill;
21.2.3.h. Loading of outgoing gasoline tank trucks shall be limited to submerged fill; and
21.2.3.i. Owners or operators of bulk gasoline plants or owners or operators of tank trucks shall observe all parts of the transfer and shall discontinue transfer if any leaks are observed.
21.2.4. Each calendar month, the vapor balance systems described in subdivisions 21.2.1. and 21.2.2. and each loading rack handling gasoline shall be inspected for liquid or vapor leaks during gasoline transfer operations. For purposes of this subdivision 21.2.4., detection methods incorporating sight, sound, or smell are acceptable. Each leak that is detected shall be repaired within 15 calendar days after it is detected.
21.3. Compliance provisions. -- A pressure measurement device (liquid manometer, magnehelic gauge, or equivalent instrument) capable of measuring 500 mm (20 in) of water gauge pressure within a 2.5 mm (0.098 in) of water precision, shall be calibrated and installed on the bulk gasoline plant vapor balance system at a pressure tap, located as close as possible to the connection with the gasoline tank truck, to allow determination of compliance with paragraph 21.2.3.d.
21.4. Recordkeeping. -- The owner or operator of a facility subject to this section 21. shall maintain the following records in a readily accessible location for at least 3 years and shall make these records available to the Secretary upon verbal or written request.
21.4.1. All bulk gasoline plants subject to this section 21. shall maintain daily records showing the quantity of all gasoline loaded into gasoline tank trucks.
21.4.2. A record of each monthly leak inspection required under subdivision 21.2.4. shall be kept on file at the plant. Inspection records shall include, as a minimum, the following information:
21.4.2.a. Date of inspection;
21.4.2.b. Findings (may indicate no leaks discovered or location, nature, and severity of each leak);
21.4.2.c. Leak determination method;
21.4.2.d. Corrective action (date each leak repaired; reasons for any repair interval in excess of 15 days); and
21.4.2.e. Inspector name and signature.
21.5. Reporting. -- The owner or operator of any facility containing sources subject to this section 21. shall comply with the requirements in subsections 5.1. and 5.2.
W. Va. Code R. § 45-21-22 Bulk Gasoline Terminals
22.1. Applicability. -- This section 22. applies to all loading racks at any bulk gasoline terminal which deliver liquid product into gasoline tank trucks.
22.2. Standards for loading racks at bulk gasoline terminals.
22.2.1. Each loading rack at a bulk gasoline terminal subject to this section 22. shall be equipped with a vapor collection system designed to collect the total volatile organic compound (VOC) vapors displaced from tank trucks during product loading.
22.2.2. Each vapor collection system shall be designed to prevent any VOC vapors collected at one loading rack from passing to another loading rack.
22.2.3. Loadings of liquid product into gasoline tank trucks shall be limited to vapor-tight gasoline tank trucks using the following procedures:
22.2.3.a. The owner or operator shall obtain the vapor tightness documentation described in subdivisions 22.4.1. and 22.4.2. for each gasoline tank truck that is to be loaded at the bulk gasoline terminal loading rack subject to this section 22.;
22.2.3.b. The owner or operator shall require the tank identification number to be recorded as each gasoline tank truck is loaded at the terminal;
22.2.3.c. The owner or operator shall cross-check each tank identification number obtained in paragraph 22.2.3.b. with the file of tank vapor tightness documentation within 2 weeks after the corresponding tank is loaded;
22.2.3.d. The terminal owner or operator shall notify the owner or operator of each non-vapor-tight gasoline tank truck loaded at the bulk gasoline terminal loading rack that the truck is not vapor tight subject to this section 22. within 3 weeks after the loading has occurred; and
22.2.3.e. The terminal owner or operator shall take steps to assure that the non-vapor-tight gasoline tank truck will not be reloaded at the bulk gasoline terminal loading rack subject to this section 22. until vapor tightness documentation for that tank is obtained.
22.2.4. The terminal owner or operator shall act to ensure that loadings of gasoline tank trucks at the bulk gasoline terminal loading rack subject to this section 22. are made only into tanks equipped with vapor collection equipment that is compatible with the terminal's vapor collection system.
22.2.5. The terminal owner or operator shall act to ensure that the terminal's and the tank truck's vapor collection systems are connected during each loading of a gasoline tank truck at the bulk gasoline terminal loading racks subject to this section 22.
22.2.6. The vapor collection and liquid loading equipment shall be designed and operated to prevent gauge pressure in the delivery tank from exceeding 4,500 Pascals (Pa) (450 millimeters [mm] of water) during product loading. This level is not to be exceeded when measured by the procedures specified in subdivision 22.3.1.
22.2.7. No pressure-vacuum vent in the bulk gasoline terminal's vapor collection system shall begin to open at a system pressure less than 4,500 Pa (450 mm of water).
22.2.8. Each calendar month, the vapor collection system, the vapor control system, and each loading rack handling gasoline shall be inspected during the loading of gasoline tank trucks for total organic compounds liquid or vapor leaks. For purposes of this subdivision 22.2.8., detection methods incorporating sight, sound, or smell are acceptable. Each detection of a leak shall be recorded and the source of the leak repaired within 15 calendar days after it is detected.
22.2.9. The total organic compounds emissions to the atmosphere from the vapor collection system due to the loading of liquid product into gasoline tank trucks shall not exceed 80 milligrams per liter (mg/L) (4.7 grains per gallon [grain/gal]) of gasoline loaded.
22.2.10. Loading of outgoing gasoline tank trucks shall be restricted to the use of submerged fill.
22.3. Test methods and procedures.
22.3.1. For the purpose of determining compliance with subdivision 22.2.6., the following procedures shall be used:
22.3.1.a. Calibrate and install a pressure measurement device (liquid manometer, magnehelic gauge, or equivalent instrument) capable of measuring up to 500 mm (20 inches [in]) of water gauge pressure with 2.5 mm (0.098 in) of water precision.
22.3.1.b. Connect the pressure measurement device to a pressure tap in the terminal's vapor collection system, located as close as possible to the connection with the gasoline tank truck.
22.3.1.c. During the performance test, record the pressure every 5 minutes (min) while a gasoline tank truck is being loaded, and record the highest instantaneous pressure that occurs during each loading. Every loading position shall be tested at least once during the performance test.
22.3.2. For the purpose of determining compliance with the mass emission limitations of subdivision 22.2.9., the following reference methods shall be used:
22.3.2.a. For the determination of volume at the exhaust vent:
22.3.2.a.1. Method 2B of 40 CFR Part 60, Appendix A for combustion vapor processing systems; and
22.3.2.a.2. Method 2A of 40 CFR Part 60, Appendix A for all other vapor processing systems; and
22.3.2.b. For the determination of total organic compounds concentration at the exhaust vent, Method 25A or 25B of 40 CFR Part 60, Appendix A. The calibration gas shall be either propane or butane.
22.3.3. Immediately prior to a performance test required for determination of compliance with subdivisions 22.2.6. and 22.2.9., all potential sources of vapor and liquid leakage in the terminal's vapor collection system equipment shall be monitored for leaks according to the procedures in section 46. The monitoring shall be conducted only while a gasoline tank truck is being loaded. A reading of 10,000 parts per million by volume (ppmv) or greater as methane shall be considered a leak. All leaks shall be repaired prior to conducting the performance test.
22.3.4. The test procedure for determining compliance with subdivisions 22.2.6. and 22.2.9. is as follows:
22.3.4.a. All testing equipment shall be prepared and installed as specified in the appropriate test methods.
22.3.4.b. The time period for a performance test shall be not less than 6 hours, during which at least 300,000 liters (L) (80,000 gallons [gal]) of gasoline are loaded. If the throughput criterion is not met during the initial 6 hours, the test may be either continued until the throughput criterion is met, or resumed the next day with another complete 6 hours of testing. As much as possible, testing shall be conducted during the 6-hour period in which the highest throughput normally occurs.
22.3.4.c. For intermittent vapor processing systems:
22.3.4.c.1. The vapor holder level shall be recorded at the start of the performance test. The end of the performance test shall coincide with a time when the vapor holder is at its original level; and
22.3.4.c.2. At least two startups and shutdowns of the vapor processor shall occur during the performance test. If this does not occur under automatically controlled operation, the system shall be manually controlled.
22.3.4.d. The volume of gasoline dispensed during the performance test period at all loading racks whose vapor emissions are controlled by the vapor processing system being tested shall be determined. This volume may be determined from terminal records or from gasoline dispensing meters at each loading rack.
22.3.4.e. An emission testing interval shall consist of each 5-minute period during the performance test. For each interval:
22.3.4.e.1. The reading from each measurement instrument shall be recorded; and
22.3.4.e.2. The volume exhausted and the average total organic compounds concentration in the exhaust vent shall be determined, as specified in the appropriate test method. The average total organic compounds concentration shall correspond to the volume measurement by taking into account the sampling system response time;
22.3.4.f. The mass emitted during each testing interval shall be calculated as follows:
Mei = Mass of total organic compounds (milligrams [mg]) emitted during testing interval i Ves = Volume of air-vapor mixture exhausted (cubic meters (m3)), at standard conditions;
Ce = Total organic compounds concentration (as measured) at the exhaust vent (ppmv);
K = Density of calibration gas (milligrams/cubic meter (mg/m3)) at standard conditions which is 1.83 x 106 for propane and 2.41 x 106 for butane; and s= Standard conditions, 20C and 760 millimeters of Mercury (mm Hg); and The total organic compounds mass emissions shall be calibrated as follows:
E = mass of total organic compounds emitted per volume of gasoline loaded, mg/L;
Mei = mass of total organic compounds emitted during testing interval i, mg;
L = total volume of gasoline loaded, L; and N = number of testing intervals.
22.3.5. The owner or operator may adjust the emission results to exclude the methane and ethane content in the exhaust vent by any method approved by the Secretary and the U.S. EPA.
22.4. Recordkeeping. -- The owner or operator of a facility subject to the requirements of this section 22. shall maintain the following records in a readily accessible location for at least 3 years and shall make these records available to the Secretary upon verbal or written request.
22.4.1. The tank truck vapor tightness documentation required under subdivision 22.2.3. shall be kept on file at the terminal in a permanent form available for inspection.
22.4.2. The documentation file for each gasoline tank truck shall be updated at least once per year to reflect current test results as determined by Method 27 of 40 CFR Part 60, Appendix A. This documentation shall include, as a minimum, the following information:
22.4.2.a. Test title: Gasoline Delivery Tank Pressure Test--EPA Reference Method 27;
22.4.2.b. Tank owner and address;
22.4.2.c. Tank identification number;
22.4.2.d. Testing location;
22.4.2.e. Date of test;
22.4.2.f. Tester name and signature;
22.4.2.g. Witnessing inspector, if any: Name, signature, and affiliation; and
22.4.2.h. Test results: Actual pressure change in 5 min, mm of water (average for two runs).
22.4.3. A record of each monthly leak inspection required under subdivision 22.2.8. shall be kept on file at the terminal. Inspection records shall include, as a minimum, the following information:
22.4.3.a. Date of inspection;
22.4.3.b. Findings (may indicate no leaks discovered or location, nature, and severity of each leak);
22.4.3.c. Leak determination method;
22.4.3.d. Corrective action (date each leak repaired, reasons for any repair interval in excess of 15 days); and
22.4.3.e. Inspector name and signature.
22.4.4. The terminal owner or operator shall keep documentation of all notifications required under paragraph 22.2.3.d. on file at the terminal.
22.4.5. Daily records shall be maintained of gasoline throughput.
22.5. Reporting. -- The owner or operator of any facility containing sources subject to this section 22. shall comply with the requirements in subsections 5.1. and 5.2.
W. Va. Code R. § 45-21-23 Gasoline Dispensing Facility--Stage I Vapor Recovery
23.1. Applicability.
23.1.1. This section 23. applies to any gasoline dispensing facility and the appurtenant equipment necessary to a gasoline dispensing facility.
23.1.2. The following are subject only to paragraph 23.2.1.a.:
23.1.2.a. Any transfer made to a gasoline dispensing facility storage tank that is equipped with a floating roof or its equivalent that has been approved by the U.S. EPA;
23.1.2.b. Any stationary gasoline storage container with a capacity that is less than 2,080 liters (L) (550 gallons [gal]) that is used exclusively for the fueling of implements of husbandry;
23.1.2.c. Any stationary storage tank with a capacity of less than 7,600 L (2,000 gal) that was constructed prior to January 1, 1979; and
23.1.2.d. Any stationary storage tank with a capacity of less than 950 L (250 gal) that was constructed after December 31, 1978.
23.1.3. Any gasoline dispensing facility with a throughput of less than 38,000 L (10,000 gal) per month is subject only to the provisions of paragraph 23.2.1.a. and subsection 23.3.
23.2. Standards.
23.2.1. The owner or operator of each gasoline dispensing facility subject to this section 23. shall comply with the following requirements:
23.2.1.a. All gasoline storage vessels at gasoline dispensing facilities shall be loaded by submerged fill;
23.2.1.b. All vapor lines on the storage vessel shall be equipped with closures that seal upon disconnect;
23.2.1.c. A vapor balance system shall be installed with a vapor-tight line from the gasoline storage tank to the gasoline tank truck. The system shall be designed such that the back pressure in the gasoline tank truck does not exceed 450 millimeters (mm) (18 inches [in]) of water pressure or 150 mm (5.9 in) of water vacuum;
23.2.1.d. If a gauge well separate from the fill tube is used, it shall be provided with a submerged drop tube that extends to within 150 mm (5.9 in) of the gasoline storage vessel bottom; and
23.2.1.e. Liquid fill connections for all systems shall be equipped with vapor tight caps.
23.2.2. The owner or operator of a gasoline tank truck shall not unload gasoline to a gasoline storage vessel at a gasoline dispensing facility subject to this section 23. unless the following conditions are met:
23.2.2.a. All hoses in the vapor balance system are properly connected;
23.2.2.b. Closures that seal upon disconnect are required on the adapters or couplers that attach to the vapor line on the gasoline storage vessel;
23.2.2.c. All vapor return hoses, couplers, and adapters used in the gasoline delivery are vapor tight;
23.2.2.d. All vapor return equipment are compatible with the vapor balance equipment installed on the gasoline dispensing facility storage vessel;
23.2.2.e. All hatches on the gasoline tank truck are closed and securely fastened; and
23.2.2.f. The filling of storage vessels at gasoline dispensing facilities are limited to unloading by vapor-tight gasoline tank trucks. Documentation that the gasoline tank truck has met the specifications of Method 27 of 40 CFR Part 60, Appendix A, shall be carried on the tank truck. This documentation shall include all of the information required under 40 CFR 60.505. In addition, test results shall be included for both the pressure and vacuum tests.
23.3. Recordkeeping. -- The owner or operator of each gasoline dispensing facility subject to this section 23. shall maintain daily records showing the quantity of all gasoline delivered to the site. These records shall be retained for at least 3 years in a readily accessible location and shall be made available to the Secretary upon verbal or written request.
23.4. Reporting. -- The owner or operator of any facility containing sources subject to this section 23. shall comply with the requirements in subsections 5.1. and 5.2.
W. Va. Code R. § 45-21-24 Leaks from Gasoline Tank Trucks
24.1. Applicability. -- This section 24. applies to any gasoline tank truck equipped for gasoline vapor collection. No exemptions are allowable based on number of gasoline tank trucks or total quantity of volatile organic compound (VOC) emissions.
24.2. Standards. -- Each owner or operator of a gasoline tank truck subject to this section 24. shall ensure that the gasoline tank truck:
24.2.1. Is a vapor-tight gasoline tank truck as demonstrated by Method 27 of Appendix A of 40 CFR Part 60.
24.2.2. Displays a sticker near the Department of Transportation Certification plate required by 49 CFR 178.340-10b, that:
24.2.2.a. Shows the date that the tank truck last passed the test required in subdivision 24.2.1.;
24.2.2.b. Shows the identification number of the truck tank; and
24.2.2.c. Expires not more than 1 year from the date of the leak tight test.
24.2.3. Operates with hatches open only during measurement of product level or maintenance.
24.3. Monitoring for leaks from gasoline tank trucks.
24.3.1. The Secretary may, at any time, monitor a gasoline tank truck by the method referenced in subdivision 24.3.2. to confirm continuing compliance with this section 24.
24.3.2. Monitoring to confirm the continuing existence of leak tight conditions shall be consistent with the procedures described in Appendix B of the OAQPS Guideline Series document, "Control of Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems," EPA-450/2-78-051.
24.4. Test methods and procedures. -- The test procedures to determine compliance with this section 24. shall be Method 27 of 40 CFR Part 60, Appendix A.
24.5. Recordkeeping and reporting requirements.
24.5.1. The owner or operator of a gasoline tank truck subject to this section 24. shall maintain records of all certification, testing, and repairs. The records shall identify the gasoline tank truck, the date of the tests or repair, and, if applicable, the type of repair and the date of retest. The records shall be maintained in a legible, readily available condition for at least 3 years after the date the testing or repair is completed. These records shall be made available to the Secretary upon written or verbal request.
24.5.2. The records of certification tests required by subdivision 24.5.1., shall, as a minimum, contain:
24.5.2.a. The gasoline tank truck vessel tank identification number;
24.5.2.b. The initial test pressure and the time of the reading;
24.5.2.c. The final test pressure and the time of the reading;
24.5.2.d. The initial test vacuum and the time of the reading;
24.5.2.e. The final test vacuum and the time of the reading;
24.5.2.f. At the top of each report page, the company name and the date and location of the tests on that page; and
24.5.2.g. The name and the title of person conducting the test.
24.5.3. The owner or operator of a gasoline tank truck subject to this section 24. shall certify and report to the Secretary annually that the tank truck has been tested by an applicable method referenced in subsection 24.4. The certification shall include:
24.5.3.a. The name and address of the company and the name and telephone number of the responsible company representative under whose signature the certification is submitted; and
24.5.3.b. A copy of the information recorded to comply with subdivision 24.5.2.
24.5.4. Copies of all records and reports under this section 24. shall be made available to the Secretary upon verbal or written request.
W. Va. Code R. § 45-21-25 Petroleum Refinery Sources
25.1. Applicability.
25.1.1. This section 25. applies to any vacuum-producing system, wastewater separator, and process unit turnaround at petroleum refinery sources. No exemptions are allowable based on size or throughput of a facility.
25.1.2. This section 25. does not apply to segregated storm water runoff drain systems or to non-contact cooling water systems.
25.2. Definitions. -- As used in this section 25., all terms not defined herein shall have the meaning given them in section 2.
25.2.1. "Accumulator" means the reservoir of a condensing unit receiving the condensate from the condenser.
25.2.2. "Firebox" means the chamber or compartment of a boiler or furnace in which materials are burned but does not mean the combustion chamber of an incinerator.
25.2.3. "Forebays" means the primary sections of a wastewater separator.
25.2.4. "Hot well" means the reservoir of a condensing unit receiving the warm condensate from the condenser.
25.2.5. "Refinery fuel gas" means any gas that is generated by a petroleum refinery process unit and that is combusted, including any gaseous mixture of natural gas and fuel gas.
25.2.6. "Turnaround" means the procedure of shutting a refinery unit down after a run to perform necessary maintenance and repair work and returning the unit to operation.
25.2.7. "Vacuum producing system" means any reciprocating, rotary, or centrifugal blower or compressor, or any jet ejector or device that takes suction from a pressure below atmospheric and discharges against atmospheric pressure.
25.2.8. "Wastewater (oil/water) separator" means any device or piece of equipment that utilizes the difference in density between oil and water to remove oil and associated chemicals from water, or any device, such as a flocculation tank, clarifier, etc., that removes petroleum-derived compounds from wastewater.
25.3. Standards.
25.3.1. Vacuum producing systems. -- No person shall permit the emission of any uncondensed volatile organic compound (VOC) from the condensers, hot wells, or accumulators of any vacuum producing system at a petroleum refinery. The standard shall be achieved by:
25.3.1.a. Piping the uncondensed vapors to a firebox or incinerator; or
25.3.1.b. Compressing the vapors and adding them to the refinery fuel gas.
25.3.2. Wastewater separators. -- The owner or operator of any wastewater (oil/water) separator at a petroleum refinery shall:
25.3.2.a. Provide covers and seals on all separators and forebays; and
25.3.2.b. Equip all openings in covers, separators, and forebays with lids or seals and keep the lids or seals in the closed position at all times except when in actual use.
25.3.3. Process unit turnarounds. -- The owner or operator of a petroleum refinery shall provide for the following during process unit turnaround:
25.3.3.a. Depressurization venting of the process unit or vessel to a vapor recovery system, flare, or firebox;
25.3.3.b. No emission of VOC from a process unit or vessel until its internal pressure is 136 kiloPascals (kPa) (19.7 pounds per square inch atmospheric [psia]) or less; and
25.3.3.c. Recordkeeping of the following items:
25.3.3.c.1. Date of every process unit or vessel turnaround;
25.3.3.c.2. The internal pressure of the process unit or vessel immediately prior to venting to the atmosphere.
25.4. Recordkeeping. -- The owner or operator of a petroleum refinery shall maintain the records required by paragraph 25.3.3.c. in a readily accessible location for at least 3 years and shall make these records available to the Secretary upon verbal or written request.
25.5. Reporting. -- The owner or operator of any facility containing sources subject to this section 25. shall comply with the requirements in subsections 5.1. and 5.2.
W. Va. Code R. § 45-21-26 Leaks from Petroleum Refinery Equipment
26.1. Applicability.
26.1.1. This section 26. applies to all equipment in volatile organic compound (VOC) service in any process unit at a petroleum refinery, regardless of size or throughput.
26.1.2. The requirements of subsections 26.4. through 26.8. do not apply to:
26.1.2.a. Any equipment in vacuum service;
26.1.2.b. Any pressure relief valve that is connected to an operating flare header or vapor recovery device;
26.1.2.c. Any liquid pump that has a dual mechanical pump seal with a barrier fluid system;
26.1.2.d. Any compressor with a degassing vent that is routed to an operating VOC control device; and
26.1.2.e. Pumps and valves in heavy liquid service except that if evidence of a leak is found by visual, audible, olfactory, or other detection method, the owner or operator must confirm the presence of a leak using the methods specified in section 46. If a leak is confirmed, the owner or operator must repair the leak as specified in subsection 26.7.
26.2. Definitions. -- As used in this section 26., all terms not defined herein shall have the meaning given them in section 2.
26.2.1. "[In] gas/vapor service" means that the piece of equipment in VOC service contains process fluid that is in the gaseous state at operating conditions.
26.2.2. "[In] heavy liquid service" means that the piece of equipment in VOC service is not in gas/vapor service or in light liquid service.
26.2.3. "[In] light liquid service" means that the piece of equipment in VOC service contains a liquid that meets the following conditions: (1) the vapor pressure of one or more of the components is greater than 0.3 kPa (0.09 in Hg) at 20C (68F) (standard reference texts or ASTM D2879 shall be used to determine the vapor pressures); (2) the total concentration of the pure components having a vapor pressure greater than 0.3 kPa (0.09 in Hg) at 20C (68F) is equal to or greater than 20 percent by weight; and (3) the fluid is a liquid at operating conditions.
26.2.4. "[In] vacuum service" means that the equipment in VOC service is operating at an internal pressure which is at least 5 kPa below ambient pressure.
26.2.5. "[In] VOC service" means that the piece of equipment contains or contacts a process fluid that is at least 10 percent VOC by weight. The provisions of subdivision 26.9.2. specify how to determine that a piece of equipment is not in VOC service.
26.3. Standards: General. -- The owner or operator of a petroleum refinery complex subject to this section 26. shall ensure that:
26.3.1. Any open-ended line or valve is sealed with a second valve, blind flange, cap, or plug except during operations requiring process fluid flow through the open-ended line or valve.
26.3.2. When a second value is used, each open-ended line or valve equipped with a second valve is operated in such a manner that the valve on the process fluid end is closed before the second valve is closed.
26.3.3. When a double block-and-bleed system is used, the bleed valve or line is open only during operations that require venting of the line between the block valves and is closed at all other times.
26.4. Standards: Equipment inspection program. -- The owner or operator of a petroleum refinery shall conduct the equipment inspection program described in subdivisions 26.4.1. through 26.4.3. using the test methods specified in section 46.
26.4.1. The owner or operator of a petroleum refinery shall conduct quarterly monitoring of each:
26.4.1.a. Compressor;
26.4.1.b. Pump in light liquid service;
26.4.1.c. Valve in light liquid service, except as provided in subsections 26.5. and 26.6.;
26.4.1.d. Valve in gas/vapor service, except as provided in subsections 26.5. and 26.6.; and
26.4.1.e. Pressure relief valve in gas/vapor service, except as provided in subsections 26.5. and 26.6.
26.4.2. The owner or operator of a petroleum refinery shall conduct a weekly visual inspection of each pump in light liquid service.
26.4.3. The owner or operator of a petroleum refinery shall monitor each pressure relief valve after each overpressure relief to ensure that the valve has properly reseated and is not leaking.
26.4.4. When an instrument reading of 10,000 parts per million (ppm) or greater is measured, it shall be determined that a leak has been detected.
26.4.5. If there are indications of liquid dripping from the equipment, it shall be determined that a leak has been detected.
26.4.6. When a leak is detected, the owner or operator shall affix a weatherproof, readily visible tag in a bright color such as red or yellow bearing the equipment identification number and the date on which the leak was detected. This tag shall remain in place until the leaking equipment is repaired. An alternative leak identifier system may be used if the owner or operator demonstrates to the Secretary that the system is equally as effective. The requirements of this subdivision 26.4.6. apply to any leak detected by the equipment inspection program and to any leak from any equipment that is detected on the basis of sight, sound, or smell.
26.5. Standards: Alternative standards for valves--skip period leak detection and repair.
26.5.1. An owner or operator shall comply initially with the requirements for valves in gas/vapor service and valves in light liquid service, as described in subsection 26.4.
26.5.2. After two consecutive quarterly leak detection periods with the percent of valves leaking equal or less than 2.0, an owner or operator may begin to skip one of the quarterly leak detection periods for the valves in gas/vapor and light liquid service.
26.5.3. After five consecutive quarterly leak detection periods with the percent of valves leaking equal to or less than 2.0, an owner or operator may begin to skip 3 of the quarterly leak detection periods for the valves in gas/vapor and light liquid service.
26.5.4. If the percent of valves leaking is greater than 2.0, the owner or operator shall comply with the requirements as described in subsection 26.4. but can again elect to use the requirements in subsection 26.5.
26.5.5. The percent of valves leaking shall be determined by dividing the sum of valves found leaking during current monitoring and valves for which repair has been delayed by the total number of valves subject to the requirements of this section 26.
26.5.6. An owner or operator shall keep a record of the percent of valves found leaking during each leak detection period.
26.6. Standards: Alternative standards for unsafe-to-monitor valves and difficult-to-monitor valves.
26.6.1. Any valve that is designated, as described in paragraph 26.6.1.a., as an unsafe-to-monitor valve is exempt from the requirements of subsection 26.4. if:
26.6.1.a. The owner or operator of the valve demonstrates that the valve is unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with subdivision 26.4.4.; and
26.6.1.b. The owner or operator of the valve adheres to a written plan that requires monitoring of the valve as frequently as practicable during safe-to-monitor times.
26.6.2. Any valve that is designated, as described in paragraph 26.6.2.a., as a difficult-to-monitor valve is exempt from the requirements of subsection 26.4. if:
26.6.2.a. The owner or operator of the valve demonstrates that the valve cannot be monitored without elevating the monitoring personnel more than 2 meters (m) (6.6 feet [ft]) above a support surface; and
26.6.2.b. The owner or operator of the valve follows a written plan that requires monitoring of the valve at least once per calendar year.
26.7. Standards: Equipment repair program. -- The owner or operator of a petroleum refinery shall:
26.7.1. Make a first attempt at repair for any leak not later than 5 calendar days after the leak is detected; and
26.7.2. Repair any leak as soon as practicable, but not later than 15 calendar days after it is detected except as provided in subsection 26.8.
26.8. Standards: Delay of repair.
26.8.1. Delay of repair of equipment for which a leak has been detected will be allowed if the repair is technically infeasible without a process unit shutdown. Repair of such equipment shall occur before the end of the next process unit shutdown.
26.8.2. Delay of repair of equipment will be allowed for equipment that is isolated from the process and that does not remain in VOC service.
26.8.3. Delay of repair beyond a process unit shutdown will be allowed for a valve, if valve assembly replacement is necessary during the process unit shutdown, valve assembly supplies have been depleted, and valve assembly supplies had been sufficiently stocked before the supplies were depleted. Delay of repair beyond the next process unit shutdown will not be allowed unless the next process unit shutdown occurs sooner than 6 months after the first process unit shutdown.
26.9. Test methods and procedures.
26.9.1. In conducting the tests required to comply with subsection 26.4., the owner or operator shall use the test methods specified in section 46.
26.9.2. The owner or operator shall test each piece of equipment as required under subsection 26.4. unless it is demonstrated that a process unit is not in VOC service, i.e., that the VOC content would never be reasonably expected to exceed 10 percent by weight. For purposes of this demonstration, the following methods and procedures shall be used:
26.9.2.a. Procedures that conform to the general methods in ASTM E260, E168 and E169 shall be used to determine the percent VOC content in the process fluid that is contained in or contacts a piece of equipment.
26.9.2.b. Where the test methods in paragraph 26.9.2.a. also measure exempt compounds, these compounds may be excluded from the total quantity of organic compounds in determining the VOC content of the process fluid.
26.9.2.c. Engineering judgment may be used to estimate the VOC content, if a piece of equipment had not been shown previously to be in VOC service. If the Secretary disagrees with the judgment, paragraphs 26.9.2.a. and 26.9.2.b. shall be used to resolve the disagreement.
26.9.3. The owner or operator shall demonstrate that a piece of equipment is in light liquid service by showing that:
26.9.3.a. All of the following conditions apply:
26.9.3.a.1. The vapor pressure of one or more of the components is greater than 0.3 kiloPascals (kPa) at 20C (0.09 inches of Mercury [in Hg] at 68F); standard reference texts or ASTM D2879 shall be used to determine the vapor pressures;
26.9.3.a.2. The total concentration of the pure components having a vapor pressure greater than 0.3kPa at 20C (0.09 in Hg at 68F) is equal to or greater than 20 percent by weight; and
26.9.3.a.3. The fluid is a liquid at operating conditions; or
26.9.3.b. The percent VOC evaporated is greater than 10 percent at 150C (302F) as determined by ASTM D86.
26.9.4. Samples used in conjunction with subdivisions 26.9.2. and 26.9.3. shall be representative of the process fluid that is contained in or contacts the equipment.
26.10. Recordkeeping requirements.
26.10.1. Each owner or operator subject to the provisions of this section 26. shall comply with the recordkeeping requirements of this section 26. Except as noted, these records shall be maintained in a readily accessible location for a minimum of 3 years and shall be made available to the Secretary upon verbal or written request.
26.10.2. An owner or operator of more than one affected facility subject to the provisions of this section 26. may comply with the recordkeeping requirements for these facilities in one recordkeeping system if the system identifies each record by each facility.
26.10.3. When each leak is detected as specified in subsection 26.4., the following information shall be recorded in a log and shall be kept for 3 years in a readily accessible location:
26.10.3.a. The instrument and operator identification numbers and the equipment identification number;
26.10.3.b. The date the leak was detected and the dates of each attempt to repair the leak;
26.10.3.c. The repair methods employed in each attempt to repair the leak;
26.10.3.d. The notation "Above 10,000" if the maximum instrument reading measured by the methods specified in section 46. after each repair attempt is equal to or greater than 10,000 ppm;
26.10.3.e. The notation "Repair Delayed" and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak;
26.10.3.f. The signature of the owner or operator (or designate) whose decision it was that repair could not be effected without a process unit shutdown;
26.10.3.g. The expected date of successful repair of the leak if a leak is not repaired within 15 days;
26.10.3.h. The dates of process unit shutdowns that occur while the equipment is unrepaired; and
26.10.3.i. The date of successful repair of the leak.
26.10.4. A list of identification numbers of equipment in vacuum service shall be recorded in a log that is kept in a readily accessible location.
26.10.5. The following information pertaining to all valves subject to the requirements of subsection 26.6. shall be recorded in a log that is kept for 3 years in a readily accessible location:
26.10.5.a. A list of identification numbers for valves that are designated as unsafe to monitor, an explanation for each valve stating why the valve is unsafe to monitor, and the plan for monitoring each valve; and
26.10.5.b. A list of identification numbers for valves that are designated as difficult to monitor, an explanation for each valve stating why the valve is difficult to monitor, and the schedule for monitoring each valve.
26.10.6. The following information for valves complying with subsection 26.5. shall be recorded in a log that is kept for 3 years in a readily accessible location:
26.10.6.a. A schedule of monitoring; and
26.10.6.b. The percent of valves found leaking during each monitoring period as noted in subdivision 26.5.6.
26.10.7. Information and data used to demonstrate that a piece of equipment is not in VOC service shall be recorded in a log that is kept for 3 years in a readily accessible location for use in determining exemptions as provided in subsection 26.1.
26.11. Reporting. -- The owner or operator of any facility containing sources subject to this section 26. shall comply with the requirements in subsections 5.1. and 5.2.
W. Va. Code R. § 45-21-27 Petroleum Liquid Storage in External Floating Roof Tanks
27.1. Applicability.
27.1.1. This section 27. applies to any petroleum liquid storage tank that is equipped with an external floating roof and that has a capacity greater than 150,000 liters (L) (40,000 gallons [gal]).
27.1.2. This section 27. does not apply to any petroleum liquid storage tank that:
27.1.2.a. Is used to store waxy, heavy pour crude oil;
27.1.2.b. Has a capacity less than 1,600,000 L (420,000 gal) and is used to store produced crude oil and condensate prior to lease custody transfer;
27.1.2.c. Contains a petroleum liquid with a maximum true vapor pressure less than 10.5 kiloPascals (kPa) (1.5 pounds per square inch atmospheric [psia]) provided that records are kept consistent with subdivision 27.5.2.;
27.1.2.d. Contains a petroleum liquid with a maximum true vapor pressure less than 27.6 kPa (4.0 psia); and
27.1.2.d.1. Is of welded construction; and
27.1.2.d.2. Presently possesses a metallic-type shoe seal, a liquid-mounted foam seal, a liquid-mounted liquid-filled type seal, or other closure device of demonstrated equivalence approved by the Secretary and the U.S. EPA; or
27.1.2.e. Is of welded construction, equipped with a metallic-type shoe primary seal and has a secondary seal from the top of the shoe seal to the tank wall (shoe-mounted secondary seal).
27.2. Definitions. -- As used in this section 27., all terms not defined herein shall have the meaning given them in section 2.
27.2.1. "Liquid-mounted seal" means a primary seal mounted in continuous contact with the liquid between the tank wall and the floating roof around the circumference of the tank.
27.2.2. "Vapor-mounted seal" means a primary seal mounted so there is an annular vapor space underneath the seal. The annular vapor space is bounded by the bottom of the primary seal, the tank wall, the liquid surface, and the floating roof.
27.2.3. "Waxy, heavy-pour crude oil" means a crude oil with a pour point of 10C (50F) or higher as determined by the American Society for Testing and Materials Standard D97-66, "Test for Pour Point of Petroleum Oils."
27.3. Standards. -- No owner of a petroleum liquid storage vessel subject to this section 27. shall store a petroleum liquid in that tank unless:
27.3.1. The tank has been fitted with:
27.3.1.a. A continuous secondary seal extending from the floating roof to the tank wall (rim-mounted secondary seal); or
27.3.1.b. A closure or other device that controls VOC emissions with an effectiveness equal to or greater than a seal required under paragraph 27.3.1.a. and is approved by the Secretary and the U.S. EPA; and
27.3.2. All seal closure devices meet the following requirements:
27.3.2.a. There are no visible holes, tears, or other openings in the seal(s) or seal fabric;
27.3.2.b. The seal(s) are intact and uniformly in place around the circumference of the floating roof between the floating roof and the tank wall;
27.3.2.c. For vapor-mounted primary seals, the accumulated area of gaps exceeding 0.32 centimeters (cm) (0.125 inches [in]) in width between the secondary seal and the tank wall shall not exceed 21.2 square centimeters per meter (cm2/m) (1.0 square inches per foot (in2/ft)) of tank diameter, as determined by the method in subsection 27.6.; and
27.3.3. All openings in the external floating roof, except for automatic bleeder vents, rim space vents, and leg sleeves, are:
27.3.3.a. Equipped with covers, seals, or lids in the closed position except when the openings are in actual use;
27.3.3.b. Equipped with projections into the tank that remain below the liquid surface at all times; and
27.3.4. Automatic bleeder vents are closed at all times except when the roof is being floated off or being landed on the roof leg supports;
27.3.5. Rim vents are set to open when the roof is being floated off the leg supports or at the manufacturer's recommended setting; and
27.3.6. Emergency roof drains are provided with slotted membrane fabric covers or equivalent covers which cover at least 90 percent of the area of the opening.
27.4. Inspections. -- The owner or operator of a petroleum liquid storage tank with an external floating roof subject to this section 27. shall:
27.4.1. Perform routine inspections semi-annually in order to ensure compliance with subsection 27.3. (the inspections shall include a visual inspection of the secondary seal gap); and
27.4.2. Measure the secondary seal gap annually in accordance with subsection 27.6. when the floating roof is equipped with a vapor-mounted primary seal.
27.5. Recordkeeping.
27.5.1. The owner or operator of any petroleum liquid storage tank with an external floating roof subject to this section 27. shall maintain the following records in a readily accessible location for at least 3 years and shall make copies of the records available to the Secretary upon verbal or written request:
27.5.1.a. Records of the types of petroleum liquids stored;
27.5.1.b. Records of the maximum true vapor pressure of the liquid as stored; and
27.5.1.c. Records of the results of the inspections performed in accordance with subsection 27.4.
27.5.2. The owner or operator of a petroleum liquid storage vessel with an external floating roof exempted from this section 27. by paragraph 27.1.2.c., but containing a petroleum liquid with a true vapor pressure greater than 7.0 kPa (1.0 psi), shall maintain the following records in a readily accessible location for at least 3 years and shall make copies of the records available to the Secretary upon verbal or written request:
27.5.2.a. Records of the average monthly storage temperature;
27.5.2.b. Records of the type of liquid stored; and
27.5.2.c. Records of the maximum true vapor pressure for all petroleum liquids with a true vapor pressure greater than 7.0 kPa (1.0 psia).
27.5.3. The Secretary may, upon written notice, require more frequent inspections or modify the monitoring and recordkeeping requirements, when necessary to accomplish the purposes of this section 27.
27.6. Compliance provisions. -- Compliance with paragraph 27.3.2.c. shall be determined by:
27.6.1. Physically measuring the length and width of all gaps around the entire circumference of the secondary seal in each place where a 0.32 cm (0.125 in) uniform diameter probe passes freely (without forcing or binding against the seal) between the seal and tank wall; and
27.6.2. Summing the area of the individual gaps.
27.7. Reporting. -- The owner or operator of any facility containing sources subject to this section 27. shall comply with the requirements in subsections 5.1. and 5.2.
W. Va. Code R. § 45-21-28 Petroleum Liquid Storage in Fixed Roof Tanks
28.1. Applicability.
28.1.1. This section 28. applies to any fixed roof petroleum liquid storage tank with a capacity greater than 150,000 liters (L) (40,000 gallons [gal]).
28.1.2. This section 28. does not apply to any petroleum liquid storage tank that:
28.1.2.a. Has a capacity of less than 1,600,000 L (420,000 gal) and is used to store produced crude oil and condensate prior to lease custody transfer;
28.1.2.b. Is a horizontal underground storage tank used to store JP-4 jet fuel; or
28.1.2.c. Contains a petroleum liquid with a maximum true vapor pressure less than 10.5 kiloPascals (kPa) (1.5 pounds per square inch atmospheric [psia]), provided that records are maintained consistent with subdivision 28.5.2.
28.2. Definitions. -- As used in this section 28., all terms not defined herein shall have the meaning given them in section 2.
28.2.1. "Internal floating roof" means a cover or roof in a fixed roof tank that rests upon or is floated upon the petroleum liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell.
28.3. Standards. -- No owner or operator of a petroleum liquid storage tank subject to this section 28. shall store petroleum liquid in that tank unless:
28.3.1. The tank is equipped with:
28.3.1.a. An internal floating roof equipped with a closure seal or seals to close the space between the roof edge and tank wall; or
28.3.1.b. Equally effective alternative control, approved by the Secretary and the U.S. EPA;
28.3.2. The tank is maintained such that there are no visible holes, tears, or other openings in the seal or any seal fabric or materials; and
28.3.3. All openings, except stub drains, are equipped with covers, lids, or seals such that:
28.3.3.a. The cover, lid, or seal is in the closed position at all times except when in actual use;
28.3.3.b. Automatic bleeder vents are closed at all times except when the roof is being floated off or being landed on the roof leg supports; and
28.3.3.c. Rim vents, if provided, are set to open when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting.
28.4. Inspections. -- The owner or operator of a petroleum liquid storage tank with a fixed roof subject to this section 28. shall:
28.4.1. Perform routine, semi-annual, visual inspections of the internal floating roof and its closure seal or seals through roof hatches; and
28.4.2. Perform a complete inspection of cover and seal whenever the tank is emptied for non-operational reasons or at least every 5 years, whichever is more frequent.
28.5. Recordkeeping.
28.5.1. The owner or operator of a petroleum liquid storage tank with a fixed roof subject to this section 28. shall maintain the following records in a readily accessible location for at least 3 years and shall make copies of the records available to the Secretary upon verbal or written request;
28.5.1.a. Records of the types of petroleum liquids stored in that tank;
28.5.1.b. Records of the maximum true vapor pressure of the liquid as stored; and
28.5.1.c. Records of the results of the inspections required in subsection 28.4.
28.5.2. The owner or operator of a petroleum liquid storage tank with a fixed roof exempted from this section 28. by subdivision 28.1.2., but containing a petroleum liquid with a true vapor pressure greater than 7.0 kPa (1.0 psia), shall maintain the following records in a readily accessible location for at least 3 years and shall make copies of the records available to the Secretary upon verbal or written request:
28.5.2.a. Records of the average monthly storage temperature;
28.5.2.b. Records of the type of liquid stored; and
28.5.2.c. Records of the maximum true vapor pressure for any petroleum liquid with a true vapor pressure greater than 7.0 kPa (1.0 psia).
28.6. Reporting. -- The owner or operator of any facility containing sources subject to this section 28. shall comply with the requirements in subsections 5.1. and 5.2.
W. Va. Code R. § 45-21-29 Leaks from Natural Gas/Gasoline Processing Equipment
29.1. Applicability.
29.1.1. This section 29. applies to all equipment in volatile organic compound (VOC) service in any process unit at any natural gas/gasoline processing facility.
29.1.2. This section 29. does not apply to:
29.1.2.a. Any equipment in vacuum service;
29.1.2.b. Any equipment in heavy liquid service; or
29.1.2.c. Wet gas reciprocating compressors in plants that do not have a VOC control device, such as a flare or a continuously burning process heater or boiler.
29.1.3. The equipment inspection requirements in subsection 29.4. do not apply to:
29.1.3.a. Any natural gas/gasoline processing facility with a design field gas capacity of less than 2.8x105 standard cubic meters (10x106 standard cubic feet) per day that does not fractionate natural gas liquids;
29.1.3.b. Any pump with dual pump seals;
29.1.3.c. Any pressure relief valve that is connected to an operating flare header or vapor recovery device; or
29.1.3.d. Any compressor with a degassing vent that is routed to an operating VOC control device.
29.2. Definitions. -- As used in this section 29., all terms not defined herein shall have the meaning given them in section 2.
29.2.1. "Equipment" means each pump, compressor, pressure relief device, sampling connection system, open-ended valve or line, valve, and flange or other connector in VOC service or in wet gas service and any devices or systems required by this section 29.
29.2.2. "Field gas" means feedstock gas entering the natural gas processing plant.
29.2.3. "[In] gas/vapor service" means that the piece of equipment in VOC service contains process fluid that is in the gaseous state at operating conditions.
29.2.4. "[In] heavy liquid service" means that the piece of equipment in VOC service is not in gas/vapor service or in light liquid service.
29.2.5. "[In] light liquid service" means that the piece of equipment in VOC service contains a liquid that meets the following conditions: (1) the vapor pressure of one or more of the components is greater than 0.3 kPa (0.09 in Hg) at 20C (68F) (standard reference texts or ASTM D2879 shall be used to determine the vapor pressures); (2) the total concentration of the pure components having a vapor pressure greater than 0.3 kPa (0.09 in Hg) at 20C (68F) is equal to or greater than 20 percent by weight; and (3) the fluid is a liquid at operating conditions.
29.2.6. "Liquids dripping" means any visible leakage from a seal including spraying, misting, clouding, and ice formation.
29.2.7. "Natural gas liquids" means the hydrocarbons, such as ethane, propane, butane, and pentane, that are extracted from field gas.
29.2.8. "Natural gas processing plant" (gas plant) means any processing site engaged in the extraction of natural gas liquids from field gas, fractionation of mixed natural gas liquids to natural gas products, or both.
29.2.9. "Nonfractionating plant" means any gas plant that does not fractionate mixed natural gas liquids into natural gas products.
29.2.10. "Process unit" means equipment assembled for the extraction of natural gas liquids from field gas, the fractionation of the liquids into natural gas products, or other operations associated with the processing of natural gas products. A process unit can operate independently if supplied with sufficient feed or raw materials and sufficient storage facilities for the products.
29.2.11. "Reciprocating compressor" means a piece of equipment that increases the pressure of a process gas by positive displacement, employing linear movement of the driveshaft.
29.2.12. "[In] vacuum service" means that the equipment in VOC service is operating at an internal pressure which is at least 5 kPa below ambient pressure.
29.2.13. "[In] VOC service" means that the piece of equipment contains or contacts a process fluid that is at least 10 percent VOC by weight. The provisions of subdivision 29.9.2. specify how to determine that a piece of equipment is not in VOC service.
29.2.14. "[In] wet gas service" means that a piece of equipment contains or contacts the field gas before the extraction step in the process.
29.3. Standards: General. -- The owner or operator of a natural gas/gasoline processing facility subject to this section 29. shall ensure that:
29.3.1. Any open-ended line or valve is sealed with a second valve, blind flange, cap, or plug except during operations requiring process fluid flow through the open-ended line or valve;
29.3.2. When a second value is used, each open-ended line or valve equipped with a second valve is operated in such a manner that the valve on the process fluid end is closed before the second valve is closed; and
29.3.3. When a double block-and-bleed system is used, the bleed valve or line is open only during operations that require venting of the line between the block valves and is closed at all other times.
29.4. Standards: Equipment inspection program. -- The owner or operator of a natural gas/gasoline processing facility subject to this subsection 29.4. shall conduct the equipment inspection program described in subdivisions 29.4.1. through 29.4.3. using the test methods specified in section 46.
29.4.1. The owner or operator of a natural gas/gasoline processing facility subject to this section 29. shall conduct quarterly monitoring of each:
29.4.1.a. Compressor;
29.4.1.b. Pump in light liquid service;
29.4.1.c. Valve in light liquid service, except as provided in subsections 29.5. and 29.6.;
29.4.1.d. Valve in gas/vapor service, except as provided in subsections 29.5. and 29.6.; and
29.4.1.e. Pressure relief valve in gas/vapor service, except as provided in subsections 29.5. and 29.6.
29.4.2. The owner or operator of a natural gas/gasoline processing facility subject to this section 29. shall conduct a weekly visual inspection of each pump in light liquid service.
29.4.3. The owner or operator of a natural gas/gasoline processing facility subject to this section 29. shall monitor each pressure relief valve within 5 days after each overpressure relief to ensure that the valve has properly reseated and is not leaking, except;
29.4.3.a. Any pressure relief device that is located in a nonfractionating plant that is monitored only by non-plant personnel may be monitored after a pressure release the next time the monitoring personnel are on site, instead of within 5 days; and
29.4.3.b. No pressure relief device described in paragraph 29.4.3.a. shall be allowed to operate for more than 30 days after a pressure release without monitoring.
29.4.4. It shall be determined that a leak has been detected when:
29.4.4.a. An instrument reading of 10,000 parts per million (ppm) or greater is measured; or
29.4.4.b. There are indications of liquid dripping from the equipment.
29.4.5. When a leak is detected, the owner or operator shall affix a weatherproof, readily visible tag in a bright color such as red or yellow, bearing the equipment identification number and the date on which the leak was detected. This tag shall remain in place until the leaking equipment is repaired. An alternative leak identifier system may be used if the owner or operator demonstrates to the Secretary that the system is equally as effective. The requirements of this subdivision 29.4.5. apply to any leak detected by the equipment inspection program and to any leak from any equipment that is detected on the basis of sight, sound, or smell.
29.5. Standards: Alternative standards for valves--skip period leak detection and repair.
29.5.1. An owner or operator shall comply initially with the requirements for valves in gas/vapor service and valves in light liquid service, as described in subsection 29.4.
29.5.2. After two consecutive quarterly leak detection periods with the percent of valves leaking equal or less than 2.0, an owner or operator may skip one of the quarterly leak detection periods for the valves in gas/vapor and light liquid service.
29.5.3. After five consecutive quarterly leak detection periods with the percent of valves leaking equal to or less than 2.0, an owner or operator may begin to skip three of the quarterly leak detection periods for the valves in gas/vapor and light liquid service.
29.5.4. If the percent of valves leaking is greater than 2.0, the owner or operator shall comply with the requirements as described in subsection 29.4. but can again elect to use the requirements in subsection 29.5.
29.5.5. The percent of valves leaking shall be determined by dividing the sum of valves found leaking during current monitoring and valves for which repair has been delayed by the total number of valves subject to the requirements of this section 29.
29.5.6. An owner or operator shall keep a record of the percent of valves found leaking during each leak detection period.
29.6. Standards: Alternative standards for valves that are unsafe or difficult to monitor.
29.6.1. Any valve that is designated, as described in paragraph 29.6.1.a., as an unsafe-to-monitor valve is exempt from the requirements of subsection 29.4. if:
29.6.1.a. The owner or operator of the valve demonstrates that the valve is unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with subsection 29.4.; and
29.6.1.b. The owner or operator of the valve adheres to a written plan that requires monitoring of the valve as frequently as practicable during safe-to-monitor times.
29.6.2. Any valve that is designated, as described in paragraph 29.6.2.a., as a difficult-to-monitor valve is exempt from the requirements of subsection 29.4. if:
29.6.2.a. The owner or operator of the valve demonstrates that the valve cannot be monitored without elevating the monitoring personnel more than 2 meters (m) (6.6 feet (ft)) above a support surface; and,
29.6.2.b. The owner or operator of the valve follows a written plan that requires monitoring of the valve at least once per calendar year.
29.7. Standards: Equipment repair program. -- The owner or operator of a natural gas/gasoline processing facility shall:
29.7.1. Make a first attempt at repair for any leak not later than 5 calendar days after the leak is detected; and
29.7.2. Repair any leak as soon as practicable, but not later than 15 calendar days after it is detected except as provided in subsection 29.8.
29.8. Standards: Delay of repair.
29.8.1. Delay of repair of equipment for which a leak has been detected will be allowed if the repair is technically infeasible without a process unit shutdown. Repair of such equipment shall occur before the end of the next process unit shutdown.
29.8.2. Delay of repair of equipment will be allowed for equipment that is isolated from the process and that does not remain in VOC service.
29.8.3. Delay of repair beyond a process unit shutdown will be allowed for a valve, if valve assembly replacement is necessary during the process unit shutdown, valve assembly supplies have been depleted, and valve assembly supplies had been sufficiently stocked before the supplies were depleted. Delay of repair beyond the next process unit shutdown will not be allowed unless the next process unit shutdown occurs sooner than 6 months after the first process unit shutdown.
29.9. Test methods and procedures.
29.9.1. In conducting the tests required to comply with subsection 29.4., the owner or operator shall use the test methods specified in section 46.
29.9.2. The owner or operator shall test each piece of equipment unless it is demonstrated that a process unit is not in VOC service, i.e., that the VOC content would never be reasonably expected to exceed 10 percent by weight. For purposes of this demonstration, the following methods and procedures shall be used:
29.9.2.a. Procedures that conform to the general methods in ASTM E260, E168 and E169 shall be used to determine the percent VOC content in the process fluid that is contained in or contacts a piece of equipment;
29.9.2.b. Where the test methods in paragraph 29.9.2.a. also measure exempt compounds, these compounds may be excluded from the total quantity of organic compounds in determining the VOC content of the process fluid; and
29.9.2.c. Engineering judgment may be used to estimate the VOC content, if a piece of equipment had not been shown previously to be in VOC service. If the Secretary disagrees with the judgment, paragraphs 29.9.2.a. and 29.9.2.b. shall be used to resolve the disagreement.
29.9.3. The owner or operator shall demonstrate that a piece of equipment is in light liquid service by showing that all of the following conditions apply:
29.9.3.a. The vapor pressure of one or more of the components is greater than 0.3 kiloPascal (kPa) at 20C (0.09 inches of Mercury [in Hg] at 68F). Standard reference texts or ASTM D2879 shall be used to determine the vapor pressures;
29.9.3.b. The total concentration of the pure components having a vapor pressure greater than 0.3 kPa at 20C (0.09 in Hg at 68F) is equal to or greater than 20 percent by weight; and
29.9.3.c. The fluid is a liquid at operating conditions.
29.9.4. Samples used in conjunction with subdivisions 29.9.2. and 29.9.3. shall be representative of the process fluid that is contained in or contacts the equipment.
29.10. Recordkeeping requirements.
29.10.1. Each owner or operator subject to the provisions of this section 29. shall comply with the recordkeeping requirements of this section 29.
29.10.2. An owner or operator of more than one affected facility subject to the provisions of this section 29. may comply with the recordkeeping requirements for these facilities in one recordkeeping system if the system identifies each record by each facility.
29.10.3. When each leak is detected as specified in subsection 29.4., the following information shall be recorded in a log and shall be kept for 3 years in a readily accessible location:
29.10.3.a. The instrument and operator identification numbers and the equipment identification number;
29.10.3.b. The date the leak was detected and the dates of each attempt to repair the leak;
29.10.3.c. The repair methods employed in each attempt to repair the leak;
29.10.3.d. The notation "Above 10,000" if the maximum instrument reading measured by the methods specified in section 46. after each repair attempt is equal to or greater than 10,000 ppm;
29.10.3.e. The notation "Repair Delayed" and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak;
29.10.3.f. The signature of the owner or operator (or designate) whose decision it was that repair could not be effected without a process unit shutdown;
29.10.3.g. The expected date of successful repair of the leak if a leak is not repaired within 15 days;
29.10.3.h. The dates of process unit shutdowns that occur while the equipment is unrepaired; and
29.10.3.i. The date of successful repair of the leak.
29.10.4. A list of identification numbers of equipment in vacuum service shall be recorded in a log that is kept in a readily accessible location.
29.10.5. The following information pertaining to all valves subject to the requirements of subsection 29.6. shall be recorded in a log that is kept for 3 years in a readily accessible location:
29.10.5.a. A list of identification numbers for valves that are designated as unsafe to monitor, an explanation for each valve stating why the valve is unsafe to monitor, and the plan for monitoring each valve; and
29.10.5.b. A list of identification numbers for valves that are designated as difficult to monitor, an explanation for each valve stating why the valve is difficult to monitor, and the schedule for monitoring each valve.
29.10.6. The following information pertaining to all valves complying with subsection 29.5. shall be recorded in a log that is kept for 3 years in a readily accessible location:
29.10.6.a. A schedule of monitoring; and
29.10.6.b. The percent of valves found leaking during each monitoring period.
29.10.7. The following information shall be recorded in a log that is kept for 3 years in a readily accessible location for use in determining exemptions as provided in subsection 29.1.:
29.10.7.a. An analysis demonstrating the design capacity of the affected facility;
29.10.7.b. Information and data used to demonstrate that a piece of equipment is not in VOC service; and
29.10.7.c. Information and data used to demonstrate that a reciprocating compressor is in wet gas service.
29.11. Reporting. -- The owner or operator of any facility containing sources subject to this section 29. shall comply with the requirements in subsections 5.1. and 5.2.
W. Va. Code R. § 45-21-30 Solvent Metal Cleaning
30.1. Applicability. -- This section 30. applies to all solvent metal cleaning sources with the following exemptions:
30.1.1. Any open top vapor degreasing operation with an open area smaller than 1 square meter (m2) (10.8 square feet (ft2)) is exempt from subparagraphs 30.3.2.c.2. and 30.3.2.c.4.; and,
30.1.2. Any conveyorized degreaser with an air/vapor interface smaller than 2.0 m2 (21.5ft2) is exempt from paragraph 30.3.3.b..
30.2. Definitions. -- As used in this section 30., all terms not defined herein shall have the meaning given them in section 2.
30.2.1. "Cold cleaning" means the batch process of cleaning and removing soils from a metal surface by spraying, brushing, flushing, or immersion while maintaining the solvent below its boiling point. Wipe cleaning is not included in this definition.
30.2.2. "Conveyorized degreasing" means the process of cleaning and removing soils from a continuous stream of metal parts using either cold or vaporized solvents.
30.2.3. "Freeboard height" means, for a cold cleaner, the distance from the liquid solvent level in the degreaser tank to the lip of the tank. For an open-top vapor degreaser, it is the distance from the vapor level in the tank during idling to the lip of the tank. For a vapor-conveyorized degreaser, it is the distance from the vapor level to the bottom of the entrance or exit opening, whichever is lower. For a cold-conveyorized degreaser, it is the distance from the liquid solvent level to the bottom of the entrance or exit opening, whichever is lower.
30.2.4. "Freeboard ratio" means the freeboard height divided by the smaller interior dimension (length, width, or diameter) of the degreaser tank.
30.2.5. "Open-top vapor degreasing" means the process using condensation of hot solvent vapor to clean and remove soils from a batch of metal parts.
30.2.6. "Refrigerator chiller" means a device mounted above both the water jacket and the primary condenser coils which carries a refrigerant that provides a chilled air blanket above the solvent vapor, thereby reducing emissions from the degreaser bath.
30.2.7. "Solvent metal cleaning" means the process of cleaning soils from metal surfaces by cold cleaning, open-top vapor degreasing, or conveyorized degreasing.
30.3. Standards.
30.3.1. Cold cleaning facilities. -- The owner or operator of a cold cleaning facility shall:
30.3.1.a. Equip the cleaner with a cover that is easily operated with one hand, if:
30.3.1.a.1. The solvent true vapor pressure is greater than 2 kiloPascals (kPa) (15 millimeters of Mercury [mm Hg] or 0.3 pounds per square inch [psi]) measured at 38C (100F) by ASTM D323-72;
30.3.1.a.2. The solvent is agitated; or
30.3.1.a.3. The solvent is heated;
30.3.1.b. Equip the cleaner with an internal drainage facility so that parts are enclosed under the cover while draining if the solvent true vapor pressure is greater than 4.3 kPa (32 mm Hg or 0.6 psi) measured at 38C (100F) by ASTM D323-72, except that the drainage facility may be external for applications where an internal type cannot fit into the cleaning system;
30.3.1.c. Implement one of the following control measures if the solvent true vapor pressure is greater than 4.3 kPa (32 mm of mercury or 0.6 psi) measured at 38C (100F) by ASTM D323-72, or if the solvent is heated above 50C (120F):
30.3.1.c.1. Freeboard that gives a freeboard ratio greater than or equal to 0.7; or
30.3.1.c.2. Water cover at least 2.54 centimeters (1 inch) in depth (solvent shall be insoluble in and heavier than water); or
30.3.1.c.3. Another system of equivalent control, such as a refrigerated chiller or a carbon adsorber, approved by the Secretary;
30.3.1.d. Provide a permanent, legible, conspicuous label, summarizing the operating requirements;
30.3.1.e. Store waste solvent in covered containers;
30.3.1.f. Close the cover whenever parts are not being handled in the cleaner;
30.3.1.g. Drain the cleaned parts until dripping ceases;
30.3.1.h. If used, supply a solvent spray that is a solid fluid stream (not a fine, atomized, or shower-type spray) at a pressure that does not exceed 10 pounds per square inch gauge (psig); and
30.3.1.i. Degrease only materials that are neither porous nor absorbent.
30.3.2. Open top vapor degreasers. -- Except as provided under subdivision 30.1.1., the owner or operator of an open top vapor degreaser shall:
30.3.2.a. Equip the vapor degreaser with a cover that can be opened and closed easily without disturbing the vapor zone;
30.3.2.b. Provide the following safety switches:
30.3.2.b.1. A vapor level thermostat that shuts off the pump heat if the condenser coolant is either not circulating or too warm; and
30.3.2.b.2. A spray safety switch that shuts off the spray pump if the vapor level drops more than 10 centimeters (cm) (4 inches [in]); and
30.3.2.c. Implement one of the following control measures:
30.3.2.c.1. Freeboard ratio greater than or equal to 0.75 and, if the degreaser opening is greater than 1 m2 (10.8 ft2), a powered cover;
30.3.2.c.2. Refrigerated chiller;
30.3.2.c.3. Enclosed design (cover or door opens only when the dry part is actually entering or exiting the degreaser);
30.3.2.c.4. Carbon adsorption system, with ventilation greater than or equal to 15 cubic meters per minute per square meter (m3/min/m2) (50 cubic feet per minute per square foot [ft3/min/ft2]) of air/vapor area (when cover is open), and exhausting less than 25 parts per million (ppm) of solvent averaged over one complete adsorption cycle, or 24 hours, whichever is less; or
30.3.2.c.5. A control system, demonstrated to have a capture efficiency equivalent to or greater than any of the above and approved by the Secretary and the U.S. EPA;
30.3.2.d. Keep the cover closed at all times except when processing work loads through the degreaser;
30.3.2.e. Minimize solvent carryout by:
30.3.2.e.1. Racking parts so that solvent will drain freely and not be trapped;
30.3.2.e.2. Moving parts in and out of the degreaser at less than 3.3 meters per minute (m/min) (11 feet per minute [ft/min]);
30.3.2.e.3. Holding the parts in the vapor zone at least 30 seconds or until condensation ceases, whichever is longer;
30.3.2.e.4. Tipping out any pools of solvent on the cleaned parts before removal from the vapor zone; and
30.3.2.e.5. Allowing parts to dry within the degreaser for at least 15 seconds or until visually dry, whichever is longer;
30.3.2.f. Degrease only materials that are neither porous nor absorbent;
30.3.2.g. Occupy no more than one-half of the degreaser's open top area with a workload;
30.3.2.h. Always spray within the vapor level;
30.3.2.i. Repair solvent leaks immediately, or shut down the degreaser;
30.3.2.j. Store waste solvent only in covered containers;
30.3.2.k. Operate the cleaner such that water cannot be visually detected in solvent exiting the water separator;
30.3.2.l. Use no ventilation fans near the degreaser opening, and ensure that room exhaust ventilation does not exceed 20 m3/min/m2 (65 ft3/min/ft2) of degreaser open area, unless a higher rate is necessary to meet OSHA requirements; and
30.3.2.m. Provide a permanent, conspicuous label, summarizing the operating procedures of paragraphs 30.3.2.d. through 30.3.2.l..
30.3.3. Conveyorized degreasers. -- Except as provided under subdivision 30.1.2., the owner or operator of a conveyorized degreaser shall:
30.3.3.a. Use no workplace fans near the degreaser opening, and ensure that exhaust ventilation does not exceed 20 m3/min/m2 (65 ft3/min/ft2) of degreaser opening, unless a higher rate is necessary to meet OSHA requirements;
30.3.3.b. Install one of the following control devices:
30.3.3.b.1. Refrigerated chiller;
30.3.3.b.2. Carbon adsorption system, with ventilation greater than or equal to 15 m3/min/m2 (50 ft3/min/ft2) of air/vapor area (when downtime covers are open), and exhausting less than 25 ppm of solvent by volume averaged over a complete adsorption cycle; or
30.3.3.b.3. A system demonstrated to have a capture efficiency equivalent to or greater than the devices listed in subparagraph 30.3.3.b.1. or 30.3.3.b.2. and approved by the Secretary and the U.S. EPA.
30.3.3.c. Equip the cleaner with equipment, such as a drying tunnel or rotating (tumbling) basket, sufficient to prevent cleaned parts from carrying out solvent liquid or vapor;
30.3.3.d. Provide the following safety switches:
30.3.3.d.1. A condenser flow switch and thermostat that shut off the pump heat if the condenser coolant is either not circulating or too warm;
30.3.3.d.2. A spray safety switch which shuts off the spray pump or the conveyor if the vapor level drops more than 10 cm (4 in); and
30.3.3.d.3. A vapor level control thermostat that shuts off the pump heat when the vapor level rises too high;
30.3.3.e. Minimize openings during operation so that entrances and exits will silhouette workloads with an average clearance between the parts and the edge of the degreaser opening of less than 10 cm (4 in) or less than 10 percent of the width of the opening;
30.3.3.f. Provide downtime covers for closing off the entrance and exit during shutdown hours;
30.3.3.g. Minimize carryout emissions by:
30.3.3.g.1. Racking parts so that solvent will drain freely from parts and not be trapped; and
30.3.3.g.2. Maintaining the vertical conveyor speed at less than 3.3 m/min (11 ft/min);
30.3.3.h. Store waste solvent only in covered containers;
30.3.3.i. Repair solvent leaks immediately, or shut down the degreaser;
30.3.3.j. Operate the cleaner such that water cannot be visually detected in solvent exiting the water separator;
30.3.3.k. Place downtime covers over entrances and exits of the conveyorized degreaser at all times when the conveyors and exhausts are not being operated; and
30.3.3.l. Degrease only materials that are neither porous nor absorbent.
30.4. Test methods. -- Compliance with paragraphs 30.3.1.a. through 30.3.1.c., subparagraph 30.3.2.c.4., paragraphs 30.3.2.l. and 30.3.3.a., and subparagraph 30.3.3.b.2. shall be determined by applying the following test methods, which are found at 40 CFR Part 60, Appendix A, as appropriate:
30.4.1. Methods 1-4 for determining flow rates;
30.4.2. Method 18 for determining gaseous organic compound emissions by gas chromatography;
30.4.3. Method 25 for determining total gaseous non-methane organic emissions as carbon;
30.4.4. Method 25A or 25B for determining total gaseous organic concentrations using flame ionization or non-dispersive infrared analysis; and
30.4.5. ASTM D323-72 for measuring solvent true vapor pressure.
30.5. Recordkeeping. -- Each owner or operator of a solvent metal cleaning source subject to this section 30. shall maintain the following records in a readily accessible location for at least 3 years and shall make these records available to the Secretary upon verbal or written request:
30.5.1. A record of central equipment maintenance, such as replacement of the carbon in a carbon adsorption unit.
30.5.2. The results of all tests conducted in accordance with the requirements in subsection 30.4.
30.6. Reporting. -- The owner or operator of any facility containing sources subject to this section 30. shall:
30.6.1. Comply with the initial compliance certification requirements of subsection 5.1.;
30.6.2. Comply with the requirements of subsection 5.2. regarding reports of excess emissions; and
30.6.3. Comply with the requirements of subsection 5.3. for excess emissions related to any control devices used to comply with subparagraphs 30.3.1.c.3., 30.3.2.c.4. or 30.3.2.c.5., and 30.3.3.b.2. or 30.3.3.b.3..
W. Va. Code R. § 45-21-31 Cutback and Emulsified Asphalt
31.1. Applicability. -- This section 31. applies to the manufacture, mixing, storage, use, and application of cutback and emulsified asphalts. No exemptions are allowable based on the size or throughput of an operation.
31.2. Definitions. -- As used in this section 31., all terms not defined herein shall have the meaning given them in section 2.
31.2.1. "Asphalt" means a dark-brown to black cementitious material (solid, semisolid, or liquid in consistency) of which the main constituents are bitumens that occur naturally or are a residue of petroleum refining.
31.2.2. "Cutback asphalt" means asphalt cement that has been liquefied by blending with petroleum solvents (diluents). Upon exposure to atmospheric conditions, the diluents evaporate, leaving the asphalt cement to perform its function.
31.2.3. "Emulsified asphalt" means an emulsion of asphalt cement and water that contains a small amount of an emulsifying agent; it is a heterogeneous system containing two normally immiscible phases (asphalt and water) in which the water forms the continuous phase of the emulsion, and minute globules of asphalt form the discontinuous phase.
31.2.4. "Ozone season" means the calendar period beginning April 1 and ending October 31.
31.2.5. "Penetrating prime coat" means an application of low-viscosity liquid asphalt to an absorbent surface. It is used to prepare an untreated base for an asphalt surface. The prime coat penetrates the base, plugs the voids, and hardens and helps bind the top to the overlying asphalt course. The penetrating prime coat also reduces the necessity of maintaining an untreated base course prior to placing the asphalt pavement.
31.3. Standards.
31.3.1. No person shall cause, allow, or permit the manufacture, mixing, storage, use, or application of cutback asphalts during the ozone season without approval of the Secretary as provided in subdivision 31.3.2.
31.3.2. The Secretary may approve the manufacture, mixing, storage, use or application of cutback asphalts where:
31.3.2.a. Long-life stockpile storage is necessary; or
31.3.2.b. The cutback asphalt is to be used solely as a penetrating prime coat.
31.3.2.c. During the ozone season, no person shall cause, allow, or permit the manufacturing, mixing, storage, or use of emulsified asphalt that contains any volatile organic compound (VOC).
31.4. Recordkeeping. -- The owner or operator of any facility subject to this section 31. shall maintain records of the manufacture, mixing, storage, use, or application of any asphalt containing VOC during the ozone season. These records shall be maintained in a readily accessible location for a minimum of 3 years and shall be made available to the Secretary upon verbal or written request.
W. Va. Code R. § 45-21-32 Manufacture of Synthesized Pharmaceutical Products
32.1. Applicability. -- This section 32. applies to the following sources of volatile organic compounds (VOC) at all synthesized pharmaceutical manufacturing facilities:
32.1.1. Reactors;
32.1.2. Distillation operations;
32.1.3. Crystallizers;
32.1.4. Centrifuges;
32.1.5. Vacuum dryers;
32.1.6. Air dryers;
32.1.7. Production equipment exhaust systems;
32.1.8. Rotary vacuum filters and other filters;
32.1.9. In-process tanks; and
32.1.10. Leaks.
32.2. Definitions. -- As used in this section 32., all terms not defined herein shall have the meaning given them in section 2.
32.2.1. "Production equipment exhaust system" means a device for collecting and directing out of the work area VOC fugitive emissions from reactor openings, centrifuge openings, and other vessel openings for the purpose of protecting workers from excessive VOC exposure.
32.2.2. "Reactor" means a vat or vessel, which may be jacketed to permit temperature control, designed to contain chemical reactions.
32.2.3. "Separation operation" means a process that separates a mixture of compounds and solvents into two or more components. Specific mechanisms include extraction, centrifugation, filtration, and crystallization.
32.2.4. "Synthesized pharmaceutical manufacturing" means manufacture of pharmaceutical products and intermediates by chemical synthesis. The production and recovery of materials produced via fermentation, extraction of organic chemicals from vegetative materials or animal tissues, and formulation and packaging of the product are not considered synthesized pharmaceutical manufacturing.
32.3. Standards.
32.3.1. Reactors, distillation operations, crystallizers, centrifuges, and vacuum dryers. -- The owner or operator of a synthesized pharmaceutical manufacturing facility subject to this section 32. shall control the VOC emissions from all vents from reactors, distillation operations, crystallizers, centrifuges, and vacuum dryers at the facility that emit 6.8 kilograms per day (kg/day) (15 pounds per day [lb/day]) or more of VOC as determined by the procedure in "Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products," Appendix B, EPA-450/2-78-029, December 1978. Surface condensers or equivalent controls shall be used, provided that:
32.3.1.a. If surface condensers are used, the condenser outlet gas temperature shall not exceed the allowable temperature limit described for each associated vapor pressure in the Table 45-21D Table 45-21D Allowable condenser outlet gas temperature, °C VOC vapor pressure at 20° C VOC vapor pressure at 20° C (kPa)
(psi) -25 >40.01 5.8 -15 >20.0 2.9 >10.0 1.5 >7.0 1.0 >3.5 0.5
32.3.1.b. If equivalent controls such as carbon absorption or incineration are used, the VOC emissions shall be reduced by at least as much as they would be by using a surface condenser. The owner or operator shall calculate the efficiency equivalent to a condenser in accordance with the procedures specified on pages 4-2 through 4-6 in "Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products," Appendix B, EPA-450/2-78-029, December 1978.
32.3.2. Air dryers and production equipment exhaust systems. -- The owner or operator of a synthesized pharmaceutical manufacturing facility subject to this section 32. shall reduce the VOC emissions from all air dryers and production equipment exhaust systems:
32.3.2.a. By at least 90 percent if emissions are 150 kg/day (330 lb/day) or more of VOC; or
32.3.2.b. To 15.0 kg/day (33 lb/day) or less if emissions are less than 150 kg/day (330 lb/day) of VOC.
32.3.3. Storage tanks. -- The owner or operator of a synthesized pharmaceutical manufacturing facility subject to this section 32. shall reduce the VOC emissions from storage tanks by:
32.3.3.a. Providing a vapor balance system or equivalent control that is at least 90 percent effective in reducing emissions from truck or railcar deliveries to storage tanks with capacities greater than 7,500 liters (L) (2,000 gallons [gal]) that store VOC with vapor pressures greater than 28.0 kiloPascals (kPa) (4.1 pounds per square inch [psi]) at 20C (68F); and
32.3.3.b. Installing pressure/vacuum conservation vents set at 0.2 kPa (0.03 pounds per square inch atmospheric [psia]) on all storage tanks that store VOC with vapor pressures greater than 10.0 kPa (1.5 psi) at 20C (68F).
32.3.4. Centrifuges, rotary vacuum filters, and other filters. -- The owner or operator of a synthesized pharmaceutical facility subject to this section 32. shall enclose all centrifuges, rotary vacuum filters, and other filters having an exposed liquid surface where the liquid contains VOC and exerts a total VOC vapor pressure of 3.50 kPa (0.5 psi) or more at 20C (68F).
32.3.5. In-process tanks. -- The owner or operator of a synthesized pharmaceutical facility subject to this section 32. shall install covers on all in-process tanks that contain VOC at any time. These covers shall remain closed, unless production, sampling, maintenance, or inspection procedures require operator access.
32.3.6. Leaks. -- The owner or operator of a synthesized pharmaceutical manufacturing facility subject to this section 32. shall repair all leaks from which a liquid containing VOC can be observed running or dripping. The repair shall be completed as soon as practicable but no later than 15 calendar days after the leak is found. If the leaking component cannot be repaired until the process is shut down, the leaking component shall then be repaired before the process is restarted.
32.4. Testing. -- The owner or operator of any facility containing sources subject to this section 32. shall comply with the testing requirements in section 45.
32.5. Monitoring requirements for air pollution control equipment.
32.5.1. At a minimum, continuous monitors for the following parameters shall be installed on air pollution control equipment used to control sources subject to this section 32.:
32.5.1.a. Destruction device combustion temperature;
32.5.1.b. Temperature rise across a catalytic incinerator bed;
32.5.1.c. VOC concentration on a carbon adsorption unit to determine breakthrough;
32.5.1.d. Outlet gas temperature of a refrigerated condenser; and
32.5.1.e. Temperature of a non-refrigerated condenser coolant supply system.
32.5.2. Each monitor shall be equipped with a recording device.
32.5.3. Each monitor shall be calibrated quarterly.
32.5.4. Each monitor shall operate at all times while the associated control equipment is operating.
32.6. Recordkeeping.
32.6.1. The owner or operator of a pharmaceutical manufacturing facility subject to this section 32. shall maintain the following records:
32.6.1.a. Parameters listed in subsection 32.5. shall be recorded; and
32.6.1.b. For sources subject to this section 32., the solvent true vapor pressure as determined by ASTM D323-72 shall be recorded for every process.
32.6.2. For any leak subject to subdivision 32.3.6., which cannot be readily repaired within 1 hour after detection, the following records shall be kept:
32.6.2.a. The name of the leaking equipment;
32.6.2.b. The date and time the leak is detected;
32.6.2.c. The action taken to repair the leak; and
32.6.2.d. The date and time the leak is repaired.
32.7. Reporting. -- The owner or operator of any facility containing sources subject to this section 32. shall comply with the requirements in subsections 5.1. and 5.2.
W. Va. Code R. § 45-21-33 [RESERVED]
W. Va. Code R. § 45-21-34 Graphic Arts Systems
34.1. Applicability.
34.1.1. This section 34. applies to any packaging rotogravure, publication rotogravure, or flexographic printing press at any facility whose maximum theoretical emissions of volatile organic compound (VOC) without control devices from all printing presses are greater than or equal to 90.7 megagrams (Mg) (100 tons) per year. An owner or operator of a facility whose emissions are below this applicability threshold shall comply with the certification, recordkeeping, and reporting requirements of subdivision 34.7.1.
34.2. Definitions. -- As used in this section 34., all terms not defined herein shall have the meaning given them in section 2.
34.2.1. "Flexographic printing press" means a printing press that uses a roll printing technique in which the pattern to be applied is raised above the printing roll and the image carrier is made of rubber or other elastomeric materials.
34.2.2. "Packaging rotogravure printing press" means a rotogravure printing press used to print on paper, paper board, metal foil, plastic film, and other substrates that are, in subsequent operations, formed into packaging products and labels, and other nonpublication products.
34.2.3. "Printing press" means equipment used to apply words, pictures, or graphic designs to either a continuous substrate or a sheet. A continuous substrate consists of paper, plastic, or other material that is unwound from a roll, passed through coating or ink applicators and any associated drying areas. The press includes all coating and ink applicators and drying areas between unwind and rewind of the continuous substrate. A sheet consists of paper, plastic, or other material that is carried through the process on a moving belt. The press includes all coating and ink applicators and drying operations between the time that the sheet is put on the moving belt until it is taken off.
34.2.4. "Publication rotogravure printing press" means a rotogravure printing press on which the following paper products are printed:
34.2.4.a. Catalogues, including mail order and premium;
34.2.4.b. Direct mail advertisements, including circulars, letters, pamphlets, cards, and printed envelopes;
34.2.4.c. Display advertisements, including general posters, outdoor advertisements, car cards, window posters; counter and floor displays; point-of-purchase, and other printed display material;
34.2.4.d. Magazines, books;
34.2.4.e. Miscellaneous advertisements, including brochures, pamphlets, catalogue sheets, circular folders, announcements, package inserts, book jackets, market circulars magazine inserts, and shopping news;
34.2.4.f. Newspapers, magazine and comic supplements for newspapers, and pre-printed newspaper inserts, including hi-fi and spectacolor rolls and sections;
34.2.4.g. Periodicals; or
34.2.4.h. Telephone and other directories, including business reference services.
34.2.5. "Roll printing" means the application of words, designs, and pictures to a substrate, usually by means of a series of rolls each with only partial coverage.
34.2.6. "Rotogravure printing press" means any printing press designed to print on a substrate using a gravure cylinder.
34.3. Standards.
34.3.1. No owner or operator of a packaging rotogravure or flexographic printing press subject to this section 34. shall apply any coating or ink unless the VOC content is equal to or less than one of the following:
34.3.1.a. 40 percent VOC by volume of the coating or ink, minus water, as applied;
34.3.1.b. 25 percent VOC by volume of the volatile content in the coating or ink, as applied; or
34.3.1.c. 0.5 kilogram (kg) VOC per kg (0.5 pound [lb] VOC per lb) coating solids, as applied.
34.3.2. No owner or operator of a publication rotogravure printing press subject to this section 34. shall apply any coating or ink unless the VOC content is equal to or less than one of the following:
34.3.2.a. 40 percent VOC by volume of the coating or ink, minus water, as applied; or
34.3.2.b. 25 percent VOC by volume of the volatile content in the coating or ink, as applied.
34.3.3. As an alternative to compliance with the limits in subdivision 34.3.1. or subdivision 34.3.2., an owner or operator of a packaging rotogravure, publication rotogravure, or flexographic printing press may comply with the requirements of this section 34. by meeting the requirements of subsection 34.4. or subsection 34.5.
34.4. Daily-weighted average limitations.
34.4.1. No owner or operator of a packaging rotogravure, publication rotogravure, or flexographic printing press shall apply coatings or inks on the subject printing press unless the daily-weighted average, by volume, VOC content of all coatings and inks, as applied, each day on the subject printing press does not exceed the limitation specified in either paragraph 34.3.1.a. or 34.3.2.a. (as determined by subdivision 34.4.4.); paragraph 34.3.1.b. or 34.3.2.b. (as determined by subdivision 34.4.5.); or, in the case of packaging rotogravure or flexographic printing, paragraph 34.3.1.c. (as determined by subdivision 34.4.6. of this section 34.
34.4.2. An owner or operator may comply with the daily-weighted average limitation by grouping coatings or inks used on a printing press into two categories that meet the conditions in paragraphs 34.4.2.a. and 34.4.2.b. of this section. Any use of averaging between the two categories of coating or inks used on a packaging rotogravure press or on a flexographic press requires compliance with the emission standard in paragraph 4.3.1.c., as determined by the equation in subdivision 34.4.6.
34.4.2.a. The daily-weighted average VOC content for the first category must comply with paragraph 34.3.1.a. or 34.3.2.a., as determined by applying the equation in subdivision 34.4.4. to the coatings or inks in this first category.
34.4.2.b. The daily weighted-average VOC content for the second category must comply with paragraph 34.3.1.b. or 34.3.2.b., as determined by applying the equation in subdivision 34.4.5. to the coatings or inks in this second category.
34.4.3. Compliance with this subsection 34.4. shall be demonstrated through the applicable coating or ink analysis test methods and procedures specified in section 42. and the recordkeeping and reporting requirements specified in subdivision 34.7.3.
34.4.4. The following equation shall be used to determine if the weighted average VOC content of all coatings and inks, as applied, each day on the subject printing press exceeds the limitation specified in paragraph 34.3.1.a. or 34.3.2.a.:
VOC(i)(A) = The weighted average VOC content in units of percent VOC by volume of the volatile content of all coatings and inks (minus water and exempt compounds) used each day; i = Subscript denoting a specific coating or ink, as applied; n = The number of different coatings and/or inks, as applied, each day on a printing press;
Li = The liquid volume of each coating or ink, as applied, used that day in units of liters (L) (gallons [gal]);
Vsi = The volume fraction of solids in each coating or ink, as applied; and VVOCi = The volume fraction of VOC in each coating or ink, as applied.
34.4.5. The following equation shall be used to determine if the weighted average VOC content of all coatings and inks, as applied, each day on the subject printing press exceeds the limitation specified in paragraph 34.3.1.b. or 34.3.2.b.:
VOC(i)(B) = The weighted average VOC content in units of percent VOC by volume of the volatile content of all coatings and inks used each day; i = Subscript denoting a specific coating or ink, as applied; n = The number of different coatings and/or inks, as applied, each day on each printing press;
Li = The liquid volume of each coating or ink, as applied, in units of L (gal);
VVOCi = The volume fraction of VOC in each coating or ink, as applied; and VVCi = The volume fraction of volatile matter in each coating or ink, as applied.
34.4.6. The following equation shall be used to determine if the weighted average VOC content of all coatings and inks, as applied, each day on the subject printing press exceeds the limitation specified in paragraph 34.3.1.c.:
VOC(i)(C) = The weighted average VOC content in units of mass of VOC per mass of coating solids; i = Subscript denoting a specific coating or ink, as applied; n = The number of different coatings and/or inks, as applied, each day on a printing press;
Li = The liquid volume of each coating or ink, as applied, used on the day in units of L (gal);
Di = The density of each coating or ink, as applied, in units of mass of coating or ink per unit volume of coating or ink;
WVOCi = The weight fraction of VOC in each coating or ink, as applied; and Wsi = The weight fraction of solids in each coating or ink, as applied.
34.5. Control devices. -- No owner or operator of a packaging rotogravure, publication rotogravure, or flexographic printing press equipped with a control system shall operate the printing press unless the owner or operator meets the following requirements:
34.5.1. A carbon adsorption control device is used that reduces the VOC emissions delivered from the capture system to the control device by at least 90 percent by weight;
34.5.2. An incineration control device is used to reduce VOC emissions delivered from the capture system to the control device by at least 90 percent, by weight;
34.5.3. Any other VOC emission control device is used to reduce the VOC emissions delivered from the capture system to the control device by at least 90 percent; and
34.5.4. The printing press is equipped with a capture system and control device that provides an overall emission reduction efficiency of at least:
34.5.4.a. 75 percent for a publication rotogravure printing press;
34.5.4.b. 65 percent for a packaging rotogravure printing press; or
34.5.4.c. 60 percent for a flexographic printing press.
34.6. Test methods. -- The VOC content of each coating and ink and the efficiency of each capture system and control device shall be determined by the applicable test methods and procedures specified in sections 42. and 44. to establish the records required under subsection 34.7.
34.7. Recordkeeping and reporting.
34.7.1. Requirements for exempt sources. -- Any owner or operator of a printing press that is exempted from this section 34. because of the criteria in subsection 34.1. shall comply with the following:
34.7.1.a. Initial certification. -- The owner or operator shall certify to the Secretary that the facility is exempt under the provisions of subsection 34.1. Such certification shall include:
34.7.1.a.1. The name and location of the facility;
34.7.1.a.2. The address and telephone number of the person responsible for the facility;
34.7.1.a.3. A declaration that the facility is exempt from this section 34. because of the criteria in subsection 34.1.; and
34.7.1.a.4. Calculations demonstrating that total potential emissions of VOC from all flexographic and rotogravure printing presses at the facility are and will be less than 90.7 Mg (100 tons) per calendar year before the application of capture systems and control devices. Total potential emissions of VOC for a flexographic or rotogravure printing facility is the sum of potential emissions of VOC from each flexographic and rotogravure printing press at the facility. The following equation shall be used to calculate total potential emissions of VOC per calendar year before the application of capture systems and control devices for each flexographic and rotogravure printing press at the facility:
EP = Total potential emissions of VOC from one flexographic or rotogravure printing press in units of kilograms per year (kg/yr) (pounds per year [lb/yr]).
A = Weight of VOC per volume of solids of the coating or ink with the highest VOC content, as applied, each year on the printing press in units of kilograms VOC per liter (kg VOC/L) (pounds of VOC per gallon [lb VOC/gal]) of coating or ink solids.
B = Total volume of solids for all coatings and inks that can potentially be applied each year on the printing press in units of liters per year (L/yr) (gallons per year [gal/yr]). The instrument and/or method by which the owner or operator accurately measured or calculated the volume of coating and ink solids applied and the amount that can potentially be applied each year on the printing press shall be described in the certification to the Secretary.
34.7.1.b. Recordkeeping. -- The owner or operator shall collect and record all of the following information each year for each printing press and maintain the information at the facility for a period of 3 years.
34.7.1.b.1. The name and identification number of each coating and ink, as applied, on each printing press;
34.7.1.b.2. The weight of VOC per volume of coating solids and the volume of solids of each coating and ink, as applied, each year on each printing press; and
34.7.1.b.3. The total potential emissions as calculated in subparagraph 34.7.1.a.2. using VOC content for that year.
34.7.1.c. Reporting. -- Any record showing that total potential emissions of VOC from all printing presses exceed 90.7 Mg (100 tons) in any calendar year before the application of capture systems and control devices shall be reported by sending a copy of such record to the Secretary within 30 days after the exceedance occurs.
34.7.2. Requirements for sources using complying coatings or inks. -- Any owner or operator of a printing press subject to this section 34. and complying by means of use of complying coatings or inks, shall comply with the following:
34.7.2.a. Initial certification. -- Upon initial startup of a new printing press, or upon changing the method of compliance for an existing subject printing press from daily-weighted averaging or control devices to use of complying coatings or inks, the owner or operator of a subject printing press shall certify to the Secretary that the printing press will be in compliance with subdivision 34.3.1. or 34.3.2. on and after the initial startup date. Such certification shall include:
34.7.2.a.1. The name and location of the facility;
34.7.2.a.2. The address and telephone number of the person responsible for the facility;
34.7.2.a.3. Identification of subject sources;
34.7.2.a.4. The name and identification number of each coating and ink, as applied; and
34.7.2.a.5. The VOC content of all coatings and inks, as applied.
34.7.2.b. Recordkeeping. -- On and after the initial startup date, the owner or operator of a printing press subject to the limitations of this section 34. and complying by means of paragraph 34.3.1.a. or 34.3.2.a. shall collect and record all of the following information each day for each coating line and maintain the information at the facility for a period of 3 years:
34.7.2.b.1. The name and identification number of each coating and ink, as applied; and
34.7.2.b.2. The VOC content of each coating and ink, as applied, expressed in units necessary to determine compliance.
34.7.2.c. Reporting.
34.7.2.c.1. Any record showing an exceedance of the VOC contents of subdivision 34.3.1. or 34.3.2. shall be reported by the owner or operator of the subject printing press to the Secretary within 30 days following the exceedance; and
34.7.2.c.2. At least 30 calendar days before changing the method of compliance with this section 34. from the use of complying coatings to daily-weighted averaging or control devices, the owner or operator shall comply with all requirements of paragraph 34.7.3.a. or 34.7.4.a., respectively. Upon changing the method of compliance with this section 34. from the use of complying coatings to daily-weighted averaging or control devices, the owner or operator shall comply with all requirements of subdivision 34.7.3. or 34.7.4., respectively.
34.7.3. Requirements for sources using daily-weighted averaging. -- Any owner or operator of a printing press subject to the limitations of this section 34. and complying by means of daily-weighted averaging shall comply with the following:
34.7.3.a. Initial certification. -- Upon initial startup of a new printing press, or upon changing the method of compliance for an existing subject press from use of complying coating or control devices to daily-weighted averaging, the owner or operator of the subject printing press shall certify to the Secretary that the printing press will be in compliance with subsection 34.4. on and after the initial startup date. Such certification shall include:
34.7.3.a.1. The name and location of the facility;
34.7.3.a.2. The address and telephone number of the person responsible for the facility;
34.7.3.a.3. The name and identification of each printing press which will comply by means of subsection 34.4.;
34.7.3.a.4. The name and identification number of each coating and ink available for use on each printing press;
34.7.3.a.5. The VOC content of each coating and ink, as applied, each day on each printing press, expressed in units necessary to determine compliance;
34.7.3.a.6. The instrument or method by which the owner or operator will accurately measure or calculate the volume of each coating and ink, as applied, each day on each printing press;
34.7.3.a.7. The method by which the owner or operator will create and maintain records each day as required in paragraph 34.7.3.b.; and
34.7.3.a.8. An example of the format in which the records required in paragraph 34.7.3.b. will be kept.
34.7.3.b. Recordkeeping. -- On and after the initial startup date, the owner or operator of a printing press subject to the limitations of this section 34. and complying by means of daily-weighted averaging shall collect and record all of the following information each day for each printing press and maintain the information at the facility for a period of 3 years:
34.7.3.b.1. The name and identification number of each coating and ink, as applied, on each printing press;
34.7.3.b.2. The VOC content and the volume of each coating and ink, as applied, each day on each printing press, expressed in units necessary to determine compliance; and
34.7.3.b.3. The daily-weighted average VOC content of all coatings and inks, as applied, on each printing press.
34.7.3.c. Reporting. -- The owner or operator of a subject printing press shall notify the Secretary in the following instances:
34.7.3.c.1. Except as provided in subsection 9.3., any record showing non-compliance with subsection 34.4. shall be reported by sending a copy of such record to the Secretary within 30 days following the occurrence; and
34.7.3.c.2. At least 30 calendar days before changing the method of compliance with this section 34. from daily-weighted averaging to use of complying coatings or control devices, the owner or operator shall comply with all requirements of paragraph 34.7.2.a. or 34.7.4.a., respectively. Upon changing the method of compliance with this section 34. from daily-weighted averaging to use of complying coatings or control devices, the owner or operator shall comply with all requirements of subdivision 34.7.2. or 34.7.3., respectively.
34.7.4. Requirements for sources using control devices. -- Any owner or operator of a printing press subject to this section 34. and complying by means of control devices shall comply with subsection 4.5. and the following:
34.7.4.a. Initial certification. -- Upon initial startup of a new printing press, or upon changing the method of compliance for an existing printing press from use of complying coatings or daily-weighted averaging to control devices, the owner or operator of the subject printing press shall perform all tests and submit to the Secretary the results of all tests and calculations necessary to demonstrate that the subject printing press will be in compliance with subsection 34.5., on and after the initial startup date.
34.7.4.b. Recordkeeping. -- On and after the initial startup date, the owner or operator of a printing press subject to the limitations of this section 34. and complying by means of control devices shall collect and record all of the following information each day for each printing press and maintain the information at the facility for a period of 3 years:
34.7.4.b.1. Control device monitoring data;
34.7.4.b.2. A log of operating time for the capture system, control device, monitoring equipment and the associated printing press; and
34.7.4.b.3. A maintenance log for the capture system, control device, and monitoring equipment detailing all routine and non-routine maintenance performed including dates and duration of any outages.
34.7.4.c. Reporting. -- The owner or operator of a subject printing press shall notify the Secretary in the following instances:
34.7.4.c.1. Except as provided in subsection 9.3., any record showing non-compliance with subsection 34.5. shall be reported by sending a copy of such record to the Secretary within 30 days following the occurrence; and
34.7.4.c.2. At least 30 calendar days before changing the method of compliance with this section 34. from control devices to use of complying coatings or daily-weighted averaging, the owner or operator shall comply with all requirements of paragraph 34.7.2.a. or 34.7.3.a., respectively. Upon changing the method of compliance with this section 34. from control devices to use of complying coatings or daily-weighted averaging, the owner or operator shall comply with all requirements of subdivision 34.7.2. or 34.7.3., respectively.
W. Va. Code R. § 45-21-35 Petroleum Solvent Dry Cleaners
35.1. Applicability.
35.1.1. This section 35. applies to petroleum solvent dry cleaning facilities.
35.1.2. Any petroleum solvent dry cleaning facility that consumes less than 123,000 liters (L) (32,500 gallons [gal]) of petroleum solvent per year is subject only to the requirements of subdivision 35.5.1.
35.1.3. This section does not apply to facilities that use only perchloroethylene.
35.2. Definitions. -- As used in this section 35., all terms not defined herein shall have the meaning given them in section 2.
35.2.1. "Filter cartridge" means a replaceable filter unit containing filtration paper and carbon or carbon only.
35.2.2. "Perceptible leaks" means any petroleum solvent vapor or liquid leaks that are conspicuous from visual observation or that bubble after application of a soap solution, such as pools or droplets of liquid, open containers of solvent, or solvent-laden waste standing open to the atmosphere.
35.2.3. "Petroleum solvent cartridge filtration system" means a process in which soil-laden solvent is pumped under pressure from a washer through a sealed vessel containing filter cartridges that remove entrained solids and impurities from the solvent.
35.2.4. "Petroleum solvent dry cleaning facility" means a facility engaged in the cleaning of fabrics, clothing, and other articles in a petroleum solvent by means of one or more washes in the solvent, extraction of excess solvent by spinning, and drying by tumbling in an airstream. Equipment at the facility includes, but is not limited to, any petroleum solvent washer, dryer, solvent filter system, settling tank, vacuum still, and any other container or conveyor of petroleum solvent.
35.2.5. "Settling tank" means a container, and any associated piping and ductwork, that gravimetrically separates oils, grease, and dirt from petroleum solvent.
35.2.6. "Solvent filter" means a discrete solvent filter unit containing a porous medium that traps and removes contaminants from petroleum solvent, together with the piping and ductwork used in the installation of this device.
35.2.7. "Solvent recovery dryer" means a class of dry cleaning dryers that employs a condenser to condense and recover solvent vapors evaporated in a closed-loop stream of heated air, together with the piping and ductwork used in the installation of this device.
35.2.8. "Standard dryer" means a device that dries dry-cleaned articles by tumbling in a heated airstream.
35.2.9. "Still" means a device used to volatilize, separate, and recover petroleum solvent from contaminated solvent, together with the piping and ductwork used in the installation of this device.
35.2.10. "Washer" means a machine which agitates fabric articles in a petroleum solvent bath and spins the articles to remove the solvent, together with the piping and ductwork used in the installation of this device.
35.3. Standards.
35.3.1. Fugitive emissions. -- The owner or operator of a petroleum solvent dry cleaning facility subject to this section 35. shall ensure that:
35.3.1.a. There are no perceptible leaks from any portion of the equipment; and
35.3.1.b. All washer lint traps, button traps, access doors, and other parts of the equipment where solvent may be exposed to the atmosphere are kept closed at all times except when opening is required for proper operation or maintenance.
35.3.2. Leak repair. -- The owner or operator of a petroleum solvent dry cleaning facility subject to this section 35. shall repair any perceptible leaks in any portion of the dry cleaning equipment within 3 working days after the leak is detected. If necessary repair parts are not on hand, the owner or operator shall order these parts within 3 working days and repair the leaks no later than 3 working days after the parts arrive.
35.3.3. Dryers. -- The owner or operator of a petroleum solvent dry cleaning facility subject to this section 35. shall:
35.3.3.a. Limit the volatile organic compound (VOC) emissions from each standard dryer to 1.6 kilograms (kg) (3.5 pounds [lb]) VOC per 45 kg (100 lb) dry weight of articles dry cleaned; or
35.3.3.b. Install, maintain, and operate a solvent-recovery dryer such that the dryer remains closed and the recovery phase continues until a final recovered solvent flow rate of no greater than 50 milliliters per minute (ml/min) (0.013 gallons per minute [gal/min]) is attained.
35.3.4. Filtration systems. -- The owner or operator of a petroleum solvent filtration system subject to this section 35. shall:
35.3.4.a. Reduce the VOC content in filtration waste to 1 kg (2.2 lb) VOC per 100 kg (220 lb) dry weight of articles dry cleaned; or
35.3.4.b. Install, maintain, and operate a cartridge filtration system according to the manufacturer's instructions, and drain all filter cartridges in their sealed housings for 8 hours or more before their removal.
35.4. Test methods and procedures.
35.4.1. To be in compliance with paragraph 35.3.3.a., each owner or operator of a petroleum solvent dry cleaning facility subject to this section 35. shall:
35.4.1.a. Calculate the weight of VOCs vented from the dryer emission control device calculated by using Methods 1, 2, and 25A of 40 CFR Part 60, Appendix A with the following specifications:
35.4.1.a.1. Field calibration of the flame ionization analyzer with propane standards;
35.4.1.a.2. Laboratory determination of the ratio of the flame ionization analyzer response to a given parts per million (ppm) by volume concentration of propane to the response to the same ppm concentration of the VOCs to be measured; and
35.4.1.a.3. Determination of the weight of VOCs vented to the atmosphere by:
35.4.1.a.3.A. Multiplying the ratio determined in subparagraph 35.4.1.a.2. by the measured concentration of VOC gas (as propane) as indicated by the flame ionization analyzer response output record;
35.4.1.a.3.B. Converting the ppm by volume value calculated in part 35.4.1.1.C.1. into a mass concentration value for the VOCs present; and
35.4.1.a.3.C. Multiplying the mass concentration value calculated in part 35.4.1.1.C.2. by the exhaust flow rate determined by using Methods 1 and 2 of 40 CFR Part 60, Appendix A;
35.4.1.b. Calculate the dry weight of articles dry cleaned; and
35.4.1.c. Repeat paragraphs 35.4.1.a. and 35.4.1.b. for normal operating conditions that encompass at least 30 dryer loads, which total not less than 1,800 kg (4,000 lb) dry weight and represent a normal range of variations in fabrics, solvents, load weights, temperatures, flow rates, and process deviations.
35.4.2. To determine initial compliance with paragraph 35.3.3.b., the owner or operator of a petroleum solvent dry cleaning facility subject to this section 35. shall:
35.4.2.a. Verify that the flow rate of recovered solvent from the solvent-recovery dryer at the termination of the recovery phase is no greater than 50 ml/min (0.013 gal/min) by using the following procedure:
35.4.2.a.1. Determine the appropriate location for measuring the flow rate of recovered solvent; the suggested point is at the outlet of the solvent-water separator;
35.4.2.a.2. Near the end of the recovery cycle, divert the flow of recovered solvent to a graduated cylinder;
35.4.2.a.3. Continue the cycle until a flow rate of 50 ml/min (0.013 gal/min) is reached; and
35.4.2.a.4. Record the type of articles dry cleaned and the length of the cycle.
35.4.2.b. To determine initial compliance with paragraph 35.3.3.b., conduct the procedure in paragraph 35.4.2.a. for at least 50 percent of the dryer loads over a period of no less than 2 consecutive weeks.
35.4.3. To be in compliance with subdivision 35.3.4., the owner or operator of a petroleum solvent dry cleaning facility subject to this section 35. shall:
35.4.3.a. Calculate the weight of volatile organic compounds contained in each of at least five 1 kg (2.2 lb) samples of filtration waste material taken at intervals of at least 1week, by employing ASTM D322-80 (Standard Test Method for Gasoline Diluent in Used Gasoline Engine Oils by Distillation);
35.4.3.b. Calculate the total dry weight of articles dry cleaned during the intervals between removal of filtration waste samples, as well as the total mass of filtration waste produced in the same period; and
35.4.3.c. Calculate the weight of VOCs contained in filtration waste material per 100 kg (220 lb) dry weight of articles dry cleaned.
35.4.4. Compliance with subsection 35.3. requires that each owner or operator of a petroleum solvent dry cleaning facility subject to this section 35. make weekly inspections of washers, dryers, solvent filters, settling tanks, vacuum stills, and all containers and conveyors of petroleum solvent to identify perceptible VOC vapor or liquid leaks.
35.5. Recordkeeping requirements.
35.5.1. The owner or operator of a petroleum solvent dry cleaning facility claiming exemption from this section 35. shall maintain records of annual solvent consumption in a readily accessible location for at least 3 years to document whether the applicability threshold in subdivision 35.1.2. has been exceeded.
35.5.2. The owner or operator of a petroleum solvent dry cleaning facility subject to this section 35. shall maintain the following records in a readily accessible location for at least 3 years:
35.5.2.a. Records of the weight of VOCs vented from the dryer emission control device calculated according to paragraph 35.4.1.a.;
35.5.2.b. Records of the dry weight of articles dry cleaned for use in the calculations required in subdivisions 35.4.1., 35.4.2., and 35.4.3.;
35.5.2.c. Records of the weight of VOCs contained in the filtration waste samples required by paragraph 35.4.3.a.; and
35.5.2.d. Records of the weight of VOCs in filtration waste material per 100 kg (220 lb) dry weight of articles dry cleaned.
35.6. Reporting requirements. -- The owner or operator of any facility containing sources subject to this section 35. shall:
35.6.1. Comply with the initial compliance certification requirements of subsection 5.1.; and
35.6.2. Comply with the requirements of subsection 5.2. for excess emissions related to the control devices required to comply with subdivision 35.3.2., paragraph 35.3.3.b. and 35.3.4.b..
W. Va. Code R. § 45-21-36 [RESERVED]
W. Va. Code R. § 45-21-37 Leaks from Synthetic Organic Chemical, Polymer, and Resin Manufacturing Equipment
37.1. Applicability.
37.1.1. This section 37. applies to all equipment in volatile organic compound (VOC) service in any process unit at a synthetic organic chemical, polymer, and resin manufacturing facility.
37.1.1.a. A piece of equipment is not in VOC service if the VOC content of the process fluid can never be reasonably expected to exceed 10 percent by weight. For purposes of this demonstration, the following methods and procedures shall be used:
37.1.1.a.1. Procedures that conform to the general methods in ASTM E260, E168, and E169 shall be used to determine the percent VOC content in the process fluid that is contained in or contacts a piece of equipment;
37.1.1.a.2. Organic compounds that are considered by the U.S. EPA to have negligible photochemical reactivity may be excluded from the total quantity of organic compounds in determining the VOC content of the process fluid; and
37.1.1.a.3. Engineering judgment may be used to estimate the VOC content, if a piece of equipment had not been shown previously to be in VOC service. If the Secretary disagrees with the judgment, subparagraphs 37.1.1.a.1. and 37.1.1.a.2. shall be used to resolve the disagreement.
37.1.2. This section 37. does not apply to any synthetic organic chemical, polymer, or resin manufacturing process unit whose annual design production capacity is less than 1,000 megagrams (Mg) (1,100 tons) of product.
37.1.3. To the extent that implementation of the requirements of 40 CFR Part 60, 40 CFR Part 61, or 40 CFR Part 63 results in monitoring and repair, consistent with this section, of all components in VOC service in any synthetic organic chemical, polymer, or resin manufacturing process unit, compliance with these federally enforceable standards will satisfy the requirements of this section.
37.1.4. The requirements of subsection 37.4. do not apply to:
37.1.4.a. Any equipment in vacuum service;
37.1.4.b. Any pressure-relief valve that is connected to an operating flare header or vapor recovery device;
37.1.4.c. Any liquid pump that has a dual mechanical pump seal with a barrier fluid system;
37.1.4.d. Any compressor with a degassing vent that is routed to an operating VOC control device; or
37.1.4.e. Pumps and valves in heavy liquid service except that if evidence of a leak is found by visual, audible, olfactory, or other detection method, the owner or operator must confirm the presence of a leak using methods specified in section 46. If a leak is confirmed, the owner or operator must repair the leak as specified in subsection 37.7.
37.2. Definitions. -- As used in this section 37., all terms not defined herein shall have the meaning given them in section 2.
37.2.1. "[In] gas/vapor service" means that the piece of equipment in VOC service contains process fluid that is in the gaseous state at operating conditions.
37.2.2. "[In] heavy liquid service" means that the piece of equipment in VOC service is not in gas/vapor service or in light liquid service.
37.2.3. "[In] light liquid service" means that the piece of equipment in VOC service contains a liquid that meets the following conditions: (1) the vapor pressure of one or more of the components is greater than 0.3 kPa (0.09 in Hg) at 20C (68F) (standard reference texts or ASTM D2879 shall be used to determine the vapor pressures); (2) the total concentration of the pure components having a vapor pressure greater than 0.3 kPa (0.09 in Hg) at 20C (68F) is equal to or greater than 20 percent by weight; and (3) the fluid is a liquid at operating conditions.
37.2.4. "Process unit" means components assembled to produce, as intermediate or final products, one or more of the chemicals listed in 40 CFR 60.489. A process unit can operate independently if supplied with sufficient feed or raw materials and sufficient storage facilities for product.
37.2.5. "[In] vacuum service" means that the equipment in VOC service is operating at an internal pressure which is at least 5 kPa below ambient pressure.
37.2.6. "[In] VOC service" means that the piece of equipment contains or contacts a process fluid that is at least 10 percent VOC by weight. The provisions of paragraph 37.1.1.a. specify how to determine that a piece of equipment is not in VOC service.
37.3. Standards: General. -- The owner or operator of a synthetic organic chemical, polymer, or resin manufacturing facility subject to this section 37. shall ensure that:
37.3.1. Any open-ended line or valve is sealed with a second valve, blind flange, cap, or plug except during operations requiring process fluid flow through the open-ended line or valve;
37.3.2. When a second valve is used, each open-ended line or valve equipped with a second valve is operated in such a manner that the valve on the process fluid end is closed before the second valve is closed; and
37.3.3. When a double block-and-bleed system is used, the bleed valve or line is open only during operations that require venting of the line between the block valves and is closed at all other times.
37.4. Standards: Equipment inspection program. -- The owner or operator of a synthetic organic chemical, polymer, or resin manufacturing facility shall conduct the equipment inspection program described in subdivisions 37.4.1. through 37.4.3. using the test methods specified in section 46.
37.4.1. The owner or operator of a synthetic organic chemical, polymer, or resin manufacturing facility shall conduct quarterly monitoring of each:
37.4.1.a. Compressor;
37.4.1.b. Pump in light liquid service;
37.4.1.c. Valve in light liquid service, except as provided in subsections 37.5. and 37.6.;
37.4.1.d. Valve in gas/vapor service, except as provided in subsections 37.5. and 37.6.; and
37.4.1.e. Pressure relief valve in gas/vapor service, except as provided in subsections 37.5. and 37.6.
37.4.2. The owner or operator of a synthetic organic chemical or resin manufacturing facility shall conduct a weekly visual inspection of each pump in light liquid service.
37.4.3. The owner or operator of a synthetic organic chemical, polymer, or resin manufacturing facility shall monitor each pressure relief valve after each overpressure relief to ensure that the valve has properly reseated and is not leaking.
37.4.4. It shall be determined that a leak has been detected when:
37.4.4.a. When an instrument reading of 10,000 parts per million (ppm) or greater is measured; or
37.4.4.b. If there are indications of liquid dripping from the equipment.
37.4.5. When a leak is detected, the owner or operator shall affix a weatherproof, readily visible tag in a bright color such as red or yellow, bearing the equipment identification number and the date on which the leak was detected. This tag shall remain in place until the leaking equipment is repaired. An alternative leak identifier system may be used if the owner or operator demonstrates to the Secretary that the alternative system is equally as effective. The requirements of this subdivision 37.4.5. apply to any leak detected by the equipment inspection program and to any leak from any equipment that is detected on the basis of sight, sound, or smell.
37.5. Standards: Alternative standards for valves -- skip period leak detection and repair.
37.5.1. An owner or operator shall comply initially with the requirements for valves in gas/vapor service and valves in light liquid service as described in subsection 37.3.
37.5.2. If the percent of valves leaking is equal or less than 2.0 for two consecutive quarters, an owner or operator may skip alternate quarterly leak detection periods for the valves in gas/vapor and light liquid service.
37.5.3. If the percent of valves leaking is equal to or less than 2.0 for five consecutive quarters, an owner or operator may skip three of the quarterly leak detection periods per year for the valves in gas/vapor and light liquid service, provided that each valve shall be monitored once each year.
37.5.4. If at any time the percent of valves leaking is greater than 2.0, the owner or operator shall resume compliance with the requirements in subsection 37.4. but may again elect to comply with the alternative standards in subsection 37.5.
37.5.5. The percent of valves leaking shall be determined by dividing the sum of valves found leaking during current monitoring and previously leaking valves for which repair has been delayed by the total number of valves subject to the requirements of this section 37.
37.5.6. An owner or operator shall keep a record of the percent of valves found leaking during each leak detection period.
37.6. Standards: Alternative standards for unsafe-to-monitor valves and difficult-to-monitor valves.
37.6.1. Any valve is exempt from the requirements of subsection 37.4. as an unsafe-to-monitor valve if:
37.6.1.a. The owner or operator of the valve demonstrates that the valve is unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with subsection 37.4.; and
37.6.1.b. The owner or operator of the valve adheres to a written plan that requires monitoring of the valve as frequently as practicable during safe-to-monitor times.
37.6.2. Any valve is exempt from the requirements of subsection 37.4. as a difficult-to-monitor valve if:
37.6.2.a. The owner or operator of the valve demonstrates that the valve cannot be monitored without elevating the monitoring personnel more than 2 meters (m) (6.6 feet [ft]) above a support surface; and
37.6.2.b. The owner or operator of the valve follows a written plan that requires monitoring of the valve at least once per calendar year.
37.6.3. The alternative standards of subsection 37.5. are not available to valves subject to the requirements of subsection 37.6.
37.7. Standards: Equipment repair program. -- The owner or operator of a synthetic organic chemical, polymer, or resin manufacturing facility refinery shall:
37.7.1. Make a first attempt at repair for any leak not later than 5 calendar days after the leak is detected; and
37.7.2. Repair any leak as soon as practicable, but not later than 15 calendar days after it is detected except as provided in subsection 37.8.
37.8. Standards: Delay of repair.
37.8.1. Delay of repair of equipment for which a leak has been detected will be allowed if repair is technically infeasible without a process unit shutdown. Repair of such equipment shall occur before the end of the first process unit shutdown after detection of the leak.
37.8.2. Delay of repair of equipment will also be allowed for equipment that is isolated from the process and that does not remain in VOC service after detection of the leak.
37.8.3. Delay of repair beyond a process unit shutdown will be allowed for a valve, if valve assembly replacement is necessary during the process unit shutdown, and if valve assembly supplies have been depleted, where valve assembly supplies had been sufficiently stocked before the supplies were depleted. Delay of repair beyond the first process unit shutdown will not be allowed unless the next process unit shutdown occurs sooner than 6 months after the first process unit shutdown.
37.9. Test methods and procedures.
37.9.1. In conducting the monitoring required to comply with subsection 37.4., the owner or operator shall use the test methods specified in section 46.
37.9.2. The owner or operator shall demonstrate that a piece of equipment is in light liquid service by showing that all of the following conditions apply:
37.9.2.a. The vapor pressure of one or more of the components is greater than 0.3 kiloPascal (kPa) (0.09 inches of Mercury [in Hg]) at 20C (68F). Standard reference texts or ASTM D2879 shall be used to determine the vapor pressures;
37.9.2.b. The total concentration of the pure components having a vapor pressure greater than 0.3 kPa (0.09 in Hg) at 20C (68F) is equal to or greater than 20 percent by weight; and
37.9.2.c. The fluid is a liquid at operating conditions;
37.9.3. Samples used in conjunction with subdivision 37.9.2. shall be representative of the process fluid that is contained in or contacts the equipment.
37.10. Recordkeeping requirements.
37.10.1. Each owner or operator subject to the provisions of this section 37. shall comply with the recordkeeping requirements of this section 37.
37.10.2. An owner or operator of more than one facility subject to the provisions of this section 37. may comply with the recordkeeping requirements for these facilities in one recordkeeping system if the system identifies each record by each facility.
37.10.3. When each leak is detected as specified in subsection 37.4., the following information shall be recorded in a log and shall be kept for 3 years in a readily accessible location:
37.10.3.a. The instrument and operator identification numbers and the equipment identification number;
37.10.3.b. The date the leak was detected and the dates of each attempt to repair the leak;
37.10.3.c. The repair methods employed in each attempt to repair the leak;
37.10.3.d. The notation "Above 10,000" if the maximum instrument reading measured by the methods specified in section 46. after each repair attempt is equal to or greater than 10,000 ppm;
37.10.3.e. The notation "Repair Delayed" and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak;
37.10.3.f. The signature of the owner or operator (or designate) whose decision it was that repair could not be effected without a process unit shutdown;
37.10.3.g. The expected date of successful repair of the leak if a leak is not repaired within 15 days;
37.10.3.h. The dates of process unit shutdowns that occur while the equipment is unrepaired; and
37.10.3.i. The date of successful repair of the leak.
37.10.4. A list of identification numbers of equipment in vacuum service shall be recorded in a log that is kept in a readily accessible location.
37.10.5. The following information for valves complying with subsection 37.5. shall be recorded in a log that is kept for 3 years in a readily accessible location:
37.10.5.a. A schedule of monitoring; and
37.10.5.b. The percent of valves found leaking during each monitoring period.
37.10.6. The following information pertaining to all valves subject to the requirements of subsection 37.6. shall be recorded in a log that is kept for 3 years in a readily accessible location:
37.10.6.a. A list of identification numbers for valves that are designated as unsafe to monitor, an explanation for each valve stating why the valve is unsafe to monitor, and the plan for monitoring each valve; and
37.10.6.b. A list of identification numbers for valves that are designated as difficult to monitor, an explanation for each valve stating why the valve is difficult to monitor, and the schedule for monitoring each valve.
37.10.7. The following information shall be recorded in a log that is kept for 3 years in a readily accessible location for use in determining exemptions as provided in subsection 37.1.:
37.10.7.a. An analysis demonstrating the design capacity of the affected facility; and
37.10.7.b. Information and data used to demonstrate that a piece of equipment is not in VOC service.
37.11. Reporting. -- The owner or operator of any facility containing sources subject to this section 37. shall comply with the requirements in subsections 5.1. and 5.2.
W. Va. Code R. § 45-21-38 Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins
38.1. Applicability.
38.1.1. This section 38. applies to the following process sections at facilities engaged in the manufacture of high-density polyethylene, polypropylene, and polystyrene:
38.1.1.a. For the manufacture of high-density polyethylene using a liquid-phase slurry process: each material recovery section and each product finishing section;
38.1.1.b. For the manufacture of polypropylene using a liquid-phase process: each polymerization reaction section, each material recovery section, and each product finishing section; and
38.1.1.c. For the manufacture of polystyrene using a continuous process: each material recovery section.
38.1.2. Facilities having all process sections with uncontrolled emission rates at or below those identified in Table 45-21E are exempt from the requirements of this section 38. except that owners or operators seeking to comply with this section 38. by complying with the uncontrolled emission rates are still required to comply with the initial certification requirements of subsection 5.1.
Table 45-21E.
Production Process Process Section Uncontrolled Emission Rate, megagram of product per year (Mg/yr)
High density polyethylene, liquid-phase slurry process. material recovery section High density polyethylene, liquid-phase slurry process product finishing section Polypropylene, liquid-phase process polymerization reaction section Polypropylene, liquid-phase process material recovery section Polypropylene, liquid-phase process product finishing section Polystyrene, continuous process material recovery section
38.2. Definitions. -- As used in this section 38., all terms not defined herein shall have the meaning given them in section 2.
38.2.1. "Continuous process" means a polymerization process in which reactants are introduced in a continuous manner and products are removed either continuously or intermittently at regular intervals so that the process can be operated and polymers produced essentially continuously.
38.2.2. "Flame zone" means that portion of the combustion chamber in a boiler occupied by the flame envelope.
38.2.3. "High-density polyethylene" means a linear, thermoplastic polymer comprised of at least 50 percent ethylene by weight and having a density greater than 0.94 grams per cubic centimeter (g/cm3) (59 pounds per cubic foot [lb/ft3]).
38.2.4. "Liquid-phase process" means a polymerization process in which the polymerization reaction is carried out in the liquid phase; i.e., the monomer(s) and any catalyst are dissolved or suspended in a liquid solvent.
38.2.5. "Liquid-phase slurry process" means a liquid-phase polymerization process in which the monomer(s) are in solution (completely dissolved) in a liquid solvent, but the polymer is in the form of solid particles suspended in the liquid reaction mixture during the polymerization reaction, sometimes called a particle-form process.
38.2.6. "Polypropylene" means a polymer comprised of at least 50 percent propylene by weight.
38.2.7. "Polystyrene" means a thermoplastic polymer comprised of at least 80 percent styrene or para-methylstyrene by weight.
38.2.8. "Process line" means a group of equipment assembled that can operate independently if supplied with sufficient raw materials to produce polypropylene, high-density polyethylene, or polystyrene. A process line consists of the equipment in the following process sections (to the extent that these process sections are present at a plant): raw materials preparation, polymerization reaction, product finishing, product storage, and material recovery.
38.2.9. "Process section" means the equipment designed to accomplish a general but well-defined task in polymer production. Process sections include raw materials preparation, polymerization reaction, material recovery, product finishing, and product storage and may be dedicated to a single process line or common to more than one process line.
38.2.10. "Product finishing section" means the equipment that treats, shapes, or modifies the polymer or resin to produce the finished end product of the particular facility. Product finishing equipment may accomplish extruding and pelletizing, cooling and drying, blending, additives introduction, curing, or annealing. Product finishing does not include polymerization or shaping such as fiber spinning, molding, or fabricating or modification such as fiber stretching and crimping.
38.3. Standards: High-density polyethylene and polypropylene.
38.3.1. The owner or operator of a high-density polyethylene or polypropylene process line containing a process section subject to this section 38. shall comply with the following:
38.3.1.a. Reduce emissions of total volatile organic compounds (VOCs) by 98 weight percent, determined according to the procedure specified in subdivision 38.5.1., or to a VOC concentration of 20 parts per million volumetric (ppmv), as determined by the procedure specified in subdivision 38.5.2., on a dry basis, whichever is less stringent. Total VOC is expressed as the sum of the actual compounds, not carbon equivalents. If an owner or operator elects to comply with the 20 ppmv concentration standard, the concentration shall include a correction to 3 percent oxygen only when supplemental combustion air is used to combust the vent stream. The procedure in subdivision 38.5.3. shall be used to correct the concentration to 3 percent oxygen;
38.3.1.b. Combust the emissions in a boiler or process heater with a design heat input capacity of 150 million British thermal units per hour (Btu/hr) or greater by introducing the vent stream into the flame zone of the boiler or process heater; or
38.3.1.c. Combust the emissions in a flare as follows:
38.3.1.c.1. Flares shall be designed for and operated with no visible emissions as determined by the method specified in paragraph 38.5.4.a., except for periods not to exceed a total of 5 minutes during any 2 consecutive hours;
38.3.1.c.2. Flares shall be operated with a flame present at all times, as determined by the method specified in paragraph 38.5.4.b.;
38.3.1.c.3. Flares used to comply with provisions of this section 38. shall be steam-assisted, air-assisted, or non-assisted;
38.3.1.c.4. Flares shall be used only with the net heating value of the gas being combusted being 11.2 megaJoules per standard cubic meter (MJ/scm) (300 Btu per standard cubic foot [Btu/scf]) or greater if the flare is steam-assisted or air-assisted; or with the net heating value of the gas being combusted being 7.45 MJ/scm (200 Btu/scf) or greater if the flare is non-assisted. The net heating value of the gas being combusted shall be determined by the method specified in paragraph 38.5.5.g..
38.3.1.c.5. Steam-assisted and non-assisted flares shall be designed for and operated with an exit velocity, as determined by the method specified in paragraph 38.5.5.d., less than 18.3 meters per second (m/s) (60 feet per second [ft/s]), except as provided in subparagraphs 38.3.a.c.6. and 38.3.1.c.7.;
38.3.1.c.6. Steam-assisted and non-assisted flares designed for and operated with an exit velocity, as determined by the methods specified in paragraph 38.5.5.d. equal to or greater than 18.3 m/s (60 ft/s) but less than 122 m/s (400 ft/s) are allowed if the net heating value of the gas being combusted is greater than 37.3 MJ/scm (1,000 Btu/scf); and
38.3.1.c.7. Steam-assisted and non-assisted flares designed for and operated with an exit velocity, as determined by the methods specified in paragraph 38.5.5.d., less than the velocity, Vmax as determined by the method specified in paragraph 38.5.5.e. and less than 122 m/s (400 ft/s) are allowed; and
38.3.1.c.8. Air-assisted flares shall be designed and operated with an exit velocity less than the velocity, Vmax, as determined by the method specified in paragraph 38.5.5.f..
38.4. Standards: Polystyrene. -- The owner or operator of a polystyrene process line containing process sections subject to this section 38. shall comply with the following:
38.4.1. Not allow continuous VOC emissions from the material recovery section to be greater than 0.12 kg (kilograms) VOC per 1,000 kg of product (0.12 pounds [lb] VOC per 1,000 lb of product); or
38.4.2. Not allow the outlet gas stream from each final condenser in the material recovery section to exceed -25C (-13F).
38.5. Test methods and procedures.
38.5.1. The owner or operator shall determine compliance with the percent emission reduction standard in paragraph 38.3.1.a. as follows:
38.5.1.a. The emission reduction of total VOC shall be determined using the following equation:
P = Percent emission reduction, by weight.
Einlet = Mass rate of total VOC entering the control device, kg VOC/hr.
Eoutlet = Mass rate of total VOC discharged to the atmosphere, kg VOC/hr
38.5.1.b. The mass rates of total VOC (Ei, Eo) shall be computed using the following equations:
Cij, Coj = Concentration of sample component "j" of the gas stream at the inlet and outlet of the control device, respectively, dry basis, ppmv Mij, Moj = Molecular weight of sample component "j" of the gas stream at the inlet and outlet of the control device respectively, g/gmole (lb/lb-mole).
Qi, Qo = Flow rate of the gas stream at the inlet and outlet of the control device, respectively, dscm/hr (dscf/hr).
K1 = 4.157 x 10-8 [(kg)/(g-mole)]/[(g)(ppm)(dscm)] {5.711 x 10-15 [(lb)(/(lb-mole)]/[(lb)(ppm)(dscf)]}.
38.5.1.c. Method 18 of 40 CFR Part 60, Appendix A shall be used to determine the concentration of each individual organic component (Cij, Coj) in the gas stream. Method 1 or 1A of 40 CFR Part 60, Appendix A, as appropriate, shall be used to determine the inlet and outlet sampling sites. The inlet site shall be before the inlet of the control device and after all product recovery units.
38.5.1.d. Method 2, 2A, 2C, or 2D of 40 CFR Part 60, Appendix A, as appropriate, shall be used to determine the volumetric flow rates (Qi, Qo). If necessary, Method 4 of 40 CFR Part 60, Appendix A shall be used to determine the moisture content. Both determinations shall be compatible with the Method 18 determinations.
38.5.1.e. Inlet and outlet samples shall be taken simultaneously. The sampling time for each run shall be 1 hour in which either an integrated sample or four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at 15 minute intervals.
38.5.2. The owner or operator shall determine compliance with the emission concentration standard in paragraph 38.3.1.a. as follows:
38.5.2.a. The total VOC concentration is the sum of the individual components and shall be computed for each run using the following equation:
CVOC = Concentration of total VOC, dry basis, ppmv;
Cj = Concentration of sample component j, ppm; and n = Number of components in the sample.
38.5.2.b. Method 18 of 40 CFR Part 60, Appendix A shall be used to determine the concentration of each individual organic component (Cj) in the gas stream. Method 1 or 1A of 40 CFR Part 60, Appendix A, as appropriate, shall be used to determine the sampling site at the outlet of the control device. Method 4 of 40 CFR Part 60, Appendix A shall be used to determine the moisture content, if necessary.
38.5.2.c. The sampling time for each run shall be 1 hour in which either an integrated sample or four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at 15 minute intervals.
38.5.3. Supplemental combustion.
38.5.3.a. If supplemental combustion air is used, the total VOC concentration shall be corrected to 3 percent oxygen and shall be computed using the following equation:
CCORR = Concentration of total VOC corrected to 3 percent oxygen, dry basis, ppmv;
CMEAS = Concentration of total VOC, dry basis, ppmv, as calculated in paragraph 38.5.2.a. above; and % O2d = Concentration of O2, dry basis, percent by volume.
38.5.3.b. The emission rate correction factor, integrated sampling and analysis procedure of Method 3 of 40 CFR Part 60, Appendix A shall be used to determine the oxygen concentration (% O2d). The sampling site shall be the same as that of the total VOC sample and the samples shall be taken during the same time that the total VOC samples are taken.
38.5.4. When a flare is used to comply with paragraph 38.3.1.c.:
38.5.4.a. Method 22 of 40 CFR Part 60, Appendix A shall be used to determine the compliance of flares with the visible emission requirement in subparagraph 38.3.1.c.1.. The observation period is 2 hours and shall be used according to Method 22; and
38.5.4.b. The presence of a flare pilot flame shall be monitored using a thermocouple or other equivalent monitoring device to detect the presence of a flame.
38.5.5. The test methods in 40 CFR Part 60, Appendix A, shall be used as reference methods for determining the VOC emission rate in terms of kg emission per megagram (Mg) of product, exit velocities, or net heating value of the gas combusted to determine compliance under subsections 38.3. and 38.4. as follows:
38.5.5.a. Method 1 or 1A, as appropriate, for selection of the sampling site. The sampling site for the molar composition and vent stream flow rate determination prescribed in paragraphs 38.5.5.b. and 38.5.5.c. shall be prior to the inlet of any combustion device and prior to any dilution of the stream with air;
38.5.5.b. The composition of the process vent stream shall be determined as follows:
38.5.5.b.1. Method 18 and ASTM D2504-67 (reapproved 1977) to measure the concentration of VOC and the concentration of all other compounds present except water vapor and carbon monoxide; and
38.5.5.b.2. Method 4 to measure the content of water vapor;
38.5.5.c. The volumetric flow rate shall be determined using Method 2, 2A, 2C, or 2D, as appropriate;
38.5.5.d. The actual exit velocity of a flare shall be determined by dividing the volumetric flow rate (in units of standard temperature and pressure), as determined by Method 2, 2A, 2C, or 2D as appropriate, by the unobstructed (free) cross-sectional area of the flare tip;
38.5.5.e. The maximum permitted velocity, Vmax, for flares complying with subparagraph 38.3.1.c.5. shall be determined using the following equation:
Log10 (Vmax) = (HT + 28.8) / 31.7 Vmax = Maximum permitted velocity, m/s; 28.8 = Constant; 31.7 = Constant; and HT = The net heating value as determined in paragraph 38.5.5.g..
38.5.5.f. The Vmax for air-assisted flares shall be determined by the following equation:
Vmax = 8.706 + 0.7084 (HT)
Vmax = maximum permitted velocity, m/s; 8.706 = constant; 0.7084 = constant; and HT = The net heating value as determined in paragraph 38.5.5.g..
38.5.5.g. The net heating value of the process vent stream being combusted in a flare shall be calculated using the following equation:
HT = Net heating value of the sample, MJ/scm, where the net enthalpy per mole of offgas is based on combustion at 25C and 760 millimeters of Mercury (mm Hg) (77F and 29.92 inches of Mercury [in Hg]), but the standard temperature for determining the volume corresponding to one mole is 20C (68F);
K = Constant:
Standard temperature for (g mole)/scm is 20°C;
Ci = Concentration of sample components i in ppm on a wet basis, as measured for organics by Method 18 and measured for hydrogen and carbon monoxide by ASTM D1946-82; and Hi = Net heat of combustion of sample component i, kcal/g-mole at 25°C (77°F) and 760 mm Hg (29.92 in Hg). The heats of combustion of process vent stream components may be determined using ASTM D2382-76 (reapproved 1977) if published values are not available or cannot be calculated.
38.5.5.h. The emission rate of VOC in the process vent stream shall be calculated using the following equation:
EVOC = Emission rate of total organic compounds in the sample, kilogram per hour (kg/h);
K = Constant, 2.494 x 10-6 (1/ppm)(g-mole/scm)(kg/g)(min/h), where standard temperature for (g-mole/scm) is 20C (68F);
Ci = Concentration of sample component i, ppm;
Mi = Molecular weight of sample component i, g/g-mole; and QS = Vent stream flow rate (scm/min), at a standard temperature of 20°C (68°F);
38.5.5.i. The rate of polymer produced, PP (kg/h), shall be determined by dividing the weight of polymer pulled in kg from the process line during the performance test by the number of hours (h) taken to perform the performance test. The polymer pulled, in kg, shall be determined by direct measurement or, subject to prior approval by the Secretary and the U.S. EPA, computed from materials balance by good engineering practice; and
38.5.5.j. The emission rate of VOC in terms of kilograms of emissions per megagram of production shall be calculated using the following equation:
ERVOC = EVOC/ (PP x (1Mg/1,000 kg))
ERVOC = Emission rate of VOC, kg VOC/Mg product;
EVOC = Emission rate of VOC in the sample, kg/h; and PP = The rate of polymer produced, kg/h.
38.6. Recordkeeping. -- The owner or operator of a facility subject to this section 38. shall maintain the following records in a readily accessible location for at least 3 years and shall make these records available to the Secretary upon verbal or written request:
38.6.1. For facilities complying with the standards listed in paragraph 38.3.1.a., parameters listed in subdivisions 38.5.1., 38.5.2., and, where applicable, subdivision 38.5.5.;
38.6.2. For facilities complying with the standards listed in paragraph 38.3.1.b., parameters listed in subdivisions 38.5.3. and, where applicable, 38.5.5.;
38.6.3. For facilities complying with the standards listed in paragraph 38.3.1.c., parameters listed in subdivision 38.5.4. and, where applicable, subdivision 38.5.5.
38.6.4. For facilities complying with the standards listed in subsection 38.4., parameters listed in subdivision 38.5.5. where applicable; and
38.6.5. For all facilities containing sources subject to this section 38., the following records shall be kept:
38.6.5.a. The time, date, and duration of any excess emissions;
38.6.5.b. The subject source of any excess emissions;
38.6.5.c. The cause of any excess emissions;
38.6.5.d. The estimated rate of emissions (expressed in the units of the applicable emission limitation) and the operating data and calculations used in determining the magnitude of any excess emissions; and
38.6.5.e. Any corrective actions and schedules utilized to correct the conditions causing any excess emissions.
38.7. Reporting requirements. -- The owner or operator of any facility containing sources subject to this section 38. shall:
38.7.1. Comply with the initial compliance certification requirements of subsection 5.1.; and
38.7.2. Comply with the requirements of subsection 5.2. for excess emissions related to the control devices required to comply with paragraph 38.3.1.b., 38.3.1.c. or subdivision 38.4.1.
W. Va. Code R. § 45-21-39 Air Oxidation Processes in the Synthetic Organic Chemical Manufacturing Industry
39.1. Applicability.
39.1.1. This section 39. applies to the following air oxidation facilities in the synthetic organic chemical manufacturing industry:
39.1.1.a. Each air oxidation reactor not discharging its vent stream into a recovery system;
39.1.1.b. Each combination of an air oxidation reactor and the recovery system into which its vent stream is discharged; and
39.1.1.c. Each combination of two or more air oxidation reactors and the common recovery system into which their vent streams are discharged.
39.1.2. Any air oxidation reactor vent stream that has a total resource effectiveness (TRE) index value greater than 1.0 is exempt from all provisions of this section 39. except the requirements in subsection 39.3., subdivision 39.5.2., and subdivision 39.6.10.
39.2. Definitions. -- As used in this section 39., all terms not defined herein shall have the meaning given them in section 2.
39.2.1. "Air oxidation facility" means a product recovery system and all associated air oxidation process reactors discharging directly into that system or any such reactors discharging directly into the atmosphere.
39.2.2. "Air oxidation process" means a reactor in which air is used as an oxidizing agent to produce an organic chemical.
39.2.3. "Air oxidation reactor" means any device or process vessel in which one or more organic reactants are combined with air or a combination of air and oxygen to produce one or more organic compounds. Ammoxidation and oxychlorination are included in this definition.
39.2.4. "Air oxidation reactor recovery train" means an individual recovery system receiving the vent stream from at least one air oxidation reactor, along with all air oxidation reactors feeding vent streams into this system.
39.2.5. "Product recovery system" means any equipment used to collect volatile organic compound (VOC) for use, reuse, or sale. Such equipment includes, but is not limited to, absorbers, adsorbers, condensers, and devices that recover non-VOCs such as ammonia and HCl.
39.2.6. "Synthetic organic chemical manufacturing industry" means the industry that produces, as intermediates or final products, one or more of the chemicals listed at 40 CFR 60.489.
39.2.7. "Total resource effectiveness index value," or "TRE index value", means a measure of the supplemental total resource requirement per unit of VOC emission reduction associated with an individual air oxidation vent stream, based on vent stream flow rate, emission rate of VOC, net heating value, and corrosive properties, as quantified by the equation given under subdivision 39.5.1.
39.2.8. "Vent stream" means any gas stream containing nitrogen that was introduced as air to the air oxidation reactor, released to the atmosphere directly from any air oxidation reactor recovery train or indirectly, after diversion through other process equipment.
39.3. Standards. -- For each vent stream from an air oxidation reactor or combination air oxidation reactor and recovery train subject to this section 39., the owner or operator shall comply with subdivision 39.3.1., 39.3.2., or 39.3.3.
39.3.1. Reduce total VOC emissions by 98 weight percent or to 20 parts per million volumetric (ppmv) on a dry basis corrected to 3 percent oxygen, whichever is less stringent. If a boiler or process heater is used to comply with this subdivision 39.3.1., the vent stream shall be introduced into the flame zone of the boiler or process heater;
39.3.2. Combust the emissions in a flare that meets the requirements of 40 CFR 60.18; or
39.3.3. Maintain a TRE index value greater than 1.0 without the use of VOC emission control devices.
39.4. Monitoring requirements.
39.4.1. The owner or operator of an air oxidation facility that uses an incinerator to seek to comply with the VOC emission limit specified under subdivision 39.3.a., shall install, calibrate, maintain, and operate according to manufacturer's specifications the following equipment:
39.4.1.a. A temperature monitoring device equipped with a continuous recorder and having an accuracy of 1 percent of the temperature being monitored expressed in degrees Celsius or 0.5 C, whichever is greater.
39.4.1.a.1. Where an incinerator other than a catalytic incinerator is used, a temperature monitoring device shall be installed in the firebox.
39.4.1.a.2. Where a catalytic incinerator is used, temperature monitoring devices shall be installed in the gas stream immediately before and after the catalyst bed.
39.4.1.b. A flow indicator that provides a record of vent stream flow to the incinerator at least once every hour for each air oxidation facility. The flow indicator shall be installed in the vent stream from each air oxidation facility at a point closest to the inlet of each incinerator and before being joined with any other vent stream.
39.4.2. The owner or operator of an air oxidation facility that uses a flare to seek to comply with subdivision 39.3.2. shall install, calibrate, maintain, and operate according to manufacturer's specifications the following equipment:
39.4.2.a. A heat sensing device, such as an ultra-violet sensor or thermocouple, at the pilot light to indicate the continuous presence of a flame.
39.4.2.b. A flow indicator that provides a record of vent stream flow to the flare at least once every hour for each air oxidation facility. The flow indicator shall be installed in the vent stream from each air oxidation facility at a point closest to the flare and before being joined with any other vent stream.
39.4.3. The owner or operator of an air oxidation facility that uses a boiler or process heater to seek to comply with subdivision 39.3.1. shall install, calibrate, maintain, and operate according to the manufacturer's specifications the following equipment:
39.4.3.a. A flow indicator that provides a record of vent stream flow to the boiler or process heater at least once every hour for each air oxidation facility. The flow indicator shall be installed in the vent stream from each air oxidation reactor within a facility at a point closest to the inlet of each boiler or process heater and before being joined with any other vent stream.
39.4.3.b. A temperature monitoring device in the firebox equipped with a continuous recorder and having an accuracy of 1 percent of the temperature being measured expressed in degrees Celsius or 0.5 C, whichever is greater, for boilers or process heaters of less than 44 MW (150 million Btu/hr) heat input design capacity.
39.4.3.c. Monitor and record the periods of operation of the boiler or process heater if the design input capacity of the boiler or process heater is 44 MW (150 million Btu/hr) or greater. The records shall be readily available for inspection.
39.4.4. The owner or operator of an air oxidation facility that seeks to demonstrate compliance with the TRE index value limit specified under subdivision 34.3.3. shall install, calibrate, maintain, and operate according to manufacturer's specifications the following equipment:
39.4.4.a. Where an absorber is the final recovery device in a recovery system:
39.4.4.a.1. A scrubbing liquid temperature monitoring device having an accuracy of 1 percent of the temperature being monitored, expressed in degrees Celsius or 0.5 C, whichever is greater, and a specific gravity monitoring device having an accuracy of 0.02 specific gravity unit, each equipped with a continuous recorder; and
39.4.4.a.2. An organic monitoring device used to indicate the concentration level of organic compounds exiting the recovery device based on a detection principle such as infrared, photoionization, or thermal conductivity, each equipped with a continuous recorder.
39.4.4.b. Where a condenser is the final recovery device in a recovery system:
39.4.4.b.1. A condenser exit (product side) temperature monitoring device equipped with a continuous recorder and having an accuracy of 1 percent of the temperature being monitored expressed in degrees Celsius or 0.5 C, whichever is greater; and
39.4.4.b.2. An organic monitoring device used to indicate the concentration level of organic compounds exiting the recovery device based on a detection principle such as infrared, photoionization, or thermal conductivity, each equipped with a continuous recorder.
39.4.4.c. Where a carbon adsorber is the final recovery device in a recovery system:
39.4.4.c.1. An integrating steam flow monitoring device having an accuracy of 10 percent, and a carbon bed temperature monitoring device having an accuracy of 1 percent of the temperature being monitored expressed in degrees Celsius or 0.5 C, whichever is greater, both equipped with a continuous recorder; and
39.4.4.c.2. An organic monitoring device used to indicate the concentration level of organic compounds exiting the recovery device based on a detection principle such as infrared, photoionization, or thermal conductivity, each equipped with a continuous recorder.
39.5. Test methods and procedures. -- The following methods shall be used as reference methods to demonstrate compliance with subsection 39.3.
39.5.1. The following equation shall be used to calculate the TRE index for a given vent stream:
TRE = (1/E) * [ a+b(FL)0.88 + c(FL) + d(FL)HT +e(FL)0.88(HT)0.88 + f(FL)0]
TRE = the total resource effectiveness index value.
E = the measured hourly emissions in units of kilograms/hour (kg/h).
FL = the vent stream flow rate in scm/min, at a standard temperature of 20C. For a Category E stream (see Table 45-21F), the factor f(FL)0.5 shall be replaced with:
HT = vent stream net heating value in units of MJ/scm, where the net enthalpy per mole of offgas is based on combustion at 25°C (68°F) and 760 millimeters of Mercury (mm Hg), but the standard temperature for determining the volume corresponding to one mole is 20°C, as in the definition of FL. a, b, c, d, e, and f = specific coefficients for six different general categories of process vent streams. The set of coefficients that apply to a given air oxidation process vent stream are specified in Table 45-21F at the end of this rule.
39.5.2. Each owner or operator of an air oxidation facility seeking to comply with subdivision 39.1.2. or 39.3.3. shall recalculate the TRE index value for that air oxidation facility whenever process changes are made. Some examples of process changes are changes in production capacity, feedstock type, or catalyst type, or whenever there is replacement, removal, or addition of recovery equipment. The TRE index value shall be recalculated based on test data, or on best engineering estimates of the effects of the change to the recovery system.
39.5.3. Method 1 or 1A of 40 CFR Part 60, Appendix A, as appropriate, for selection of the sampling sites. The control device inlet sampling site for determination of vent stream molar composition or VOC reduction efficiency shall be prior to the inlet of the control device and after the recovery system.
39.5.4. Method 2, 2A, 2C, or 2D of 40 CFR Part 60, Appendix A, as appropriate, for determination of the volumetric flow rates.
39.5.5. The emission rate correction factor, integrated sampling and analysis procedure of Method 3 of 40 CFR Part 60, Appendix A shall be used to determine the oxygen concentration (%O2d) for the purposes of determining compliance with the 20 ppmv limit. The sampling site shall be the same as that of the VOC samples and the samples shall be taken during the same time that the VOC samples are taken. The VOC concentration corrected to 3 percent O2 (Cc) shall be computed using the following equation:
Cc = CVOC * ((17.9/(20.9 - %O2d))
Cc = Concentration of VOC corrected to 3 percent O2, dry basis, ppm by volume.
CVOC = Concentration of VOC, dry basis, ppm by volume. %O2d = Concentration of O2, dry basis, percent by volume.
39.5.6. Method 18 of 40 CFR Part 60, Appendix A to determine concentration of VOC in the control device outlet and the concentration of VOC in the inlet when the reduction efficiency of the control device is to be determined.
39.5.6.a. The sampling time for each run shall be 1 hour in which either an integrated sample or four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at 15-minute intervals.
39.5.6.b. The emission reduction (R) of VOC shall be determined using the following equation:
R = ((Ei – Eo) / Ei) * 100 R = Emission reduction, percent by weight.
Ei = Mass rate of VOC entering the control device, kg VOC/hr.
Eo = Mass rate of VOC discharged to the atmosphere, kg VOC/hr.
39.5.6.c. The mass rates of VOC (E1, E0) shall be computed using the following equations:
Cij, Coj = Concentration of sample component "j" of the gas stream at the inlet and outlet of the control device, respectively.
Mij, Moj = Molecular weight of sample component "j" of the gas stream at the inlet and outlet of the control device, respectively, g/g-mole (lb/lb-mole).
Qi, Qo = Flow rate of gas stream at the inlet and outlet of the control device, respectively, dscm/min (dscf/hr).
K2 = Constant, 2.494 x 10-6 (1/ppm) (g-mole/scm) (kg/g) (min/hr), where standard temperature for (g-mole/scm) is 20C.
39.5.6.d. The VOC concentration (CVOC) is the sum of the individual components and shall be computed for each run using the following equation:
CVOC = Concentration of VOC, dry basis, ppm by volume, Cj = Concentration of sample components in the sample. n = Number of components in the sample.
39.5.7. When a flare is used to seek to comply with subdivision 39.3.2., the flare shall comply with the requirements of 40 CFR 60.18.
39.5.8. The following test methods in Appendix A to 40 CFR Part 60, except as provided under 40 CFR 60.18, shall be used for determining the net heating value of the gas combusted to determine compliance under subdivision 39.3.2., and for determining the process vent stream TRE index value to determine compliance under subdivision 39.3.3.
39.5.9. Method 1 or 1A, as appropriate, for selection of the sampling site. The sampling site for the vent stream flow rate and molar composition determination prescribed in subdivisions 39.5.10. and 39.5.11. shall be, except for the situations outlined in paragraph 39.5.9.a., prior to the inlet of any control device, prior to any post-reactor dilution of the stream with air, and prior to any post-reactor introduction of halogenated compounds into the vent stream. No transverse site selection method is needed for vents smaller than 4 inches in diameter.
39.5.9.a. If any gas stream other than the air oxidation vent stream is normally conducted through the final recovery device:
39.5.9.a.1. The sampling site for vent stream flow rate and molar composition shall be prior to the final recovery device and prior to the point at which the nonair oxidation stream is introduced.
39.5.9.a.2. The efficiency of the final recovery device is determined by measuring the VOC concentration using Method 18 at the inlet to the final recovery device after the introduction of any nonair oxidation vent stream and at the outlet of the final recovery device.
39.5.9.a.3. This efficiency is applied to the VOC concentration measured prior to the final recovery device and prior to the introduction of the nonair oxidation stream to determine the concentration of VOC in the air oxidation stream from the final recovery device. This concentration of VOC is then used to perform the calculations outlined in subdivisions 39.5.12. and 39.5.13.
39.5.10. The molar composition of the process vent stream shall be determined as follows:
39.5.10.a. Method 18 to measure the concentration of VOC including those containing halogens.
39.5.10.b. ASTM D1946-77 to measure the concentration of carbon monoxide and hydrogen.
39.5.10.c. Method 4 to measure the content of water vapor.
39.5.11. The volumetric flow rate shall be determined using Method 2, 2A, 2C, or 2D, as appropriate.
39.5.12. The net heating value of the vent stream shall be calculated using the following equation:
HT = Net heating value of the sample, MJ/scm, where the net enthalpy per mole of offgas is based on combustion at 25C and 760 mm Hg, but the standard temperature for determining the volume corresponding to one mole is 20C, as in the definition of Qs (offgas flow rate).
K1 = Constant, 1.740 x 10-7 (1)/ppm)((g-mole)/scm))(MJ/kcal) where standard temperature for (g-mole)/(scm) is 20°C.
Cj = Concentration of compound j in ppm, as measured for organics by Method 18 and measured for hydrogen and carbon monoxide by ASTM D1946-77 as indicated in subdivision 39.5.10.
Hj = Net heat of combustion of compound j, kcal/g-mole, based on combustion at 25°C and 760 mm Hg. The heats of combustion of vent stream components would be required to be determined using ASTM D2382-76 if published values are not available or cannot be calculated.
39.5.13. The emission rate of VOC in the process vent stream shall be calculated using the following equation:
EVOC = Emission rate of VOC in the sample, kg/hr K2 = Constant, 2.494 x 10-6 (1/ppm) (g-mole/scm) (kg/g) (min/hr), where standard temperature for (g-mole/scm) is 20°C.
Cj = Concentration on a dry basis of compound j in ppm as measured by Method 18 as indicated in subdivision 39.5.10.
Mj = Molecular weight of sample j, g/g-mole Qs = Vent stream flow rate (scm/min) at a standard temperature of 20°C.
39.6. Recordkeeping. -- The owner or operator of a facility subject to this section 39. shall keep the records specified in this subsection 39.6. in a readily accessible location for at least 3 years. These records shall be made available to the Secretary upon verbal or written request.
39.6.1. Where an owner or operator subject to this section 39. seeks to demonstrate compliance with subdivision 39.3.1. through the use of either a thermal or catalytic incinerator:
39.6.1.a. The average firebox temperature of the incinerator (or the average temperature upstream and downstream of the catalyst bed for a catalytic incinerator), measured at least every 15 minutes and averaged over the same time period as the compliance test; and
39.6.1.b. The percent reduction of VOC determined as specified in subdivision 39.3.1. that is achieved by the incinerator, or the concentration of VOC determined as specified in subdivision 39.3.1. at the outlet of the control device on a dry basis corrected to 3 percent oxygen.
39.6.2. Where an owner or operator subject to the provisions of this section 39. seeks to demonstrate compliance with subdivision 39.3.1. through the use of a boiler or process heater:
39.6.2.a. A description of the location at which the vent stream is introduced into the boiler or process heater, and
39.6.2.b. The average combustion temperature of the boiler or process heater with a design heat input capacity of less than 44 MW (150 million Btu/hr) measured at least every 15 minutes and averaged over the same time period of the compliance testing.
39.6.3. Where an owner or operator subject to the provisions of this section 39. seeks to comply with subdivision 39.3.2. through the use of a smokeless flare, flare design (i.e., steam-assisted, air-assisted, or non-assisted), all visible emission readings, heat content determinations, flow rate measurements, and exit velocity determinations made during the compliance test, continuous records of the flare pilot flame monitoring, and records of all periods of operation during which the pilot flame is absent.
39.6.4. Where an owner or operator seeks to demonstrate compliance with subdivision 39.3.3.:
39.6.4.a. Where an absorber is the final recovery device in a recovery system, the exit specific gravity and average exit temperature of the absorbing liquid, measured at least every 15 minutes and averaged over the same time period of the compliance testing (both measured while the vent stream is normally routed and constituted); or
39.6.4.b. Where a condenser is the final recovery device in a recovery system, the average exit (product side) temperature, measured at least every 15 minutes and averaged over the same time period of the compliance testing while the vent stream is normally routed and constituted; or
39.6.4.c. Where a carbon adsorber is the final recovery device in a recovery system, the total steam mass flow measured at least every 15 minutes and averaged over the same time period of the compliance test (full carbon bed cycle), temperature of the carbon bed after regeneration (and within 15 minutes of completion of any cooling cycle(s), and duration of the carbon bed steaming cycle (all measured while the vent stream is normally routed and constituted); or
39.6.4.d. As an alternative to paragraph 39.6.4.a., 39.6.4.b. or 39.6.4.c., the concentration level or reading indicated by the organic monitoring device at the outlet of the absorber, condenser, or carbon adsorber measured at least every 15 minutes and averaged over the same time period of the compliance testing while the vent stream is normally routed and constituted.
39.6.4.e. All measurements and calculations performed to determine the TRE index value of the vent stream.
39.6.5. Each owner or operator subject to the provisions of this section 39. shall keep up-to-date, readily accessible continuous records of the equipment operating parameters specified to be monitored under subdivisions 39.4.1. and 39.4.3. as well as up-to-date, readily accessible records of periods of operation during which the parameter boundaries established during the most recent compliance test are exceeded. The Secretary may at any time require a report of these data. Where a combustion device is used by an owner or operator seeking to demonstrate compliance with subdivision 39.3.1. or 39.3.3., periods of operation during which the parameter boundaries established during the most recent performance tests are exceeded are defined as follows:
39.6.5.a. For thermal incinerators, all 3-hour periods of operation during which the average combustion temperature was more than 28°C (50°F) below the average combustion temperature during the most recent test at which compliance with subdivision 39.3.1. was determined.
39.6.5.b. For catalytic incinerators, all 3-hour periods of operation during which the average temperature of the vent stream immediately before the catalyst bed is more than 28C (50F) below the average temperature of the vent stream during the most recent test at which compliance with subdivision 39.3.1. was determined. The owner or operator also shall record all 3-hour periods of operation during which the average temperature difference across the catalyst bed is less than 80 percent of the average temperature difference of the device during the most recent test at which compliance with subdivision 39.3.1. was determined.
39.6.5.c. All 3-hour periods of operation during which the average combustion temperature was more than 28°C (50°F) below the average combustion temperature during the most recent test at which compliance with subdivision 39.3.1. was determined for boilers or process heaters with a design heat input capacity of less than 44 MW (150 million Btu/hr).
39.6.5.d. For boilers or process heaters, whenever there is a change in the location at which the vent stream is introduced into the flame zone as required under subdivision 39.3.1.
39.6.6. Each owner or operator subject to the provisions of this section 39. shall keep up-to-date, readily accessible continuous records of the flow indication specified under paragraphs 39.4.1.b., 39.4.2.b. and 39.4.3.a., as well as up-to-date, readily accessible records of all periods when the vent stream is diverted from the control device or has no flow rate.
39.6.7. Each owner or operator subject to the provisions of this section 39. who uses a boiler or process heater with a design heat input capacity of 44 MW or greater to comply with subdivision 39.3.1. shall keep an up-to-date, readily accessible record of all periods of operation of the boiler or process heater. (Examples of such records could include records of steam use, fuel use, or monitoring data collected pursuant to other State or Federal regulatory requirements.)
39.6.8. Each owner or operator subject to the provisions of this section 39. shall keep up-to-date, readily accessible, continuous records of the flare pilot flame monitoring specified in subdivision 39.4.2. as well as up-to-date, readily accessible records of all periods of operations in which the pilot flame is absent.
39.6.9. Each owner or operator subject to the provisions of this section 39. shall keep up-to-date, readily accessible, continuous records of the equipment operating parameters specified to be monitored under subdivision 39.4.3. as well as up-to-date, readily accessible records of periods of operation during which the parameter boundaries established during the most recent compliance test are exceeded. The Secretary may at any time require a report of these data. Where the owner or operator seeks to demonstrate compliance with subdivision 39.3.3., periods of operation during which the parameter boundaries established during the most recent compliance tests are exceeded are defined as follows:
39.6.9.a. Where an absorber is the final recovery device in a recovery system, and where an organic monitoring device is not used:
39.6.9.a.1. All 3-hour periods of operation during which the average absorbing liquid temperature was more than 11C (20F) above the average absorbing liquid temperature during the most recent compliance test; or
39.6.9.a.2. All 3-hour periods of operation during which the average absorbing liquid specific gravity was more than 0.1 unit above, or more than 0.1 unit below, the average absorbing liquid specific gravity during the most recent compliance test.
39.6.9.b. Where a condenser is the final recovery device in a recovery system, and where an organic monitoring device is not used, all 3-hour periods of operation during which the average exit (product side) condenser operating temperature was more than 6C (11F) above the average exit (product side) operating temperature during the most recent compliance test.
39.6.9.c. Where a carbon adsorber is the final recovery device in a recovery system and where an organic monitoring device is not used:
39.6.9.c.1. All carbon bed regeneration cycles during which the total mass steam flow was more than 10 percent below the total mass steam flow during the most recent compliance test; or
39.6.9.c.2. All carbon bed regeneration cycles during which the temperature of the carbon bed after regeneration [and after completion of any cooling cycle(s)] was more than 10 percent greater than the carbon bed temperature (in degrees Celsius) during the most recent compliance test.
39.6.9.d. Where an absorber, condenser, or carbon adsorber is the final recovery device in the recovery system and an organic monitoring device approved by the Secretary is used, all 3-hour periods of operation during which the average concentration level or reading of organic compounds in the exhaust gases is more than 20 percent greater than the exhaust gas organic compound concentration level or reading measured by the monitoring device during the most recent compliance test.
39.6.10. Each owner or operator subject to the provisions of this section 39. and seeking to demonstrate compliance with subdivision 39.3.3. shall keep up-to-date, readily accessible records of:
39.6.10.a. Any changes in production capacity, feedstock type, or catalyst type, or of any replacement, removal, or addition of recovery equipment or air oxidation reactors;
39.6.10.b. Any recalculation of the TRE index value performed pursuant to subdivision 39.5.2.; and
39.6.10.c. The results of any test performed pursuant to the methods and procedures required by subdivision 39.4.4.
39.7. Reporting requirements. -- The owner or operator of any facility containing sources subject to this section 39. shall:
39.7.1. Comply with the initial compliance certification requirements of subsection 5.1; and
39.7.2. Comply with the requirements of subsection 5.2. for excess emissions related to the control devices required to comply with this section.
W. Va. Code R. § 45-21-40 Other Facilities that Emit Volatile Organic Compound (VOC)
40.1. Applicability.
40.1.1. This section 40. applies to any facility that has aggregate maximum theoretical emissions of 90.7 megagrams (mg) (100 tons) or more of volatile organic compounds (VOCs) per calendar year in the absence of control devices; provided that this section 40. applies to any source or sources within such facility other than those sources subject to regulation under sections 11. through 39. VOC emissions from sources regulated under sections 11. through 39., but which fall below the applicability thresholds of these sections, and thus are not subject to the emissions control standards of these sections, shall be included in the determination of maximum theoretical emissions for a facility but shall not be subject to the requirements of this section 40. Emissions from sources listed in subdivision 40.1.4. shall not be included in the determination of maximum theoretical emissions for a facility.
40.1.2. The owner or operator of a coating line or operation, whose emissions are below this applicability threshold, shall comply with the certification, recordkeeping, and reporting requirements of subdivision 40.6.1.
40.1.3. The owner or operator of a non-coating source, whose emissions are below this applicability threshold, shall comply with the certification, recordkeeping, and reporting requirements of subdivision 40.6.2.
40.1.4. The requirements of this section 40. shall not apply to coke ovens (including by-product recovery plants), fuel combustion sources, barge loading facilities, jet engine test cells, vegetable oil processing facilities, wastewater treatment facilities, iron and steel production, surface impoundments, pits; and boilers, industrial furnaces, and incinerators having a destruction efficiency of 95 percent or greater.
40.1.5. The requirements of this section 40. shall not apply to any facility bound by an order or permit, enforceable by the Secretary, which limits the facility's emissions to less than 100 tons of VOC per calendar year without the application of control devices.
40.2. Definitions. -- As used in this section 40., all terms not defined herein shall have the meaning given them in section 2.
40.2.1. "Reasonably available control measures" (also denoted as RACM) means an emission limit or limits that reflect the application of control technology and/or abatement techniques or measures that are reasonably available, considering technological and economic feasibility. Such emission limits may be considered on a plant-wide basis to achieve emission reduction requirements in the most cost effective manner.
40.2.2. "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.
40.3. Standards. -- The owner or operator of a facility subject to this section 40. shall:
40.3.1. Except as provided in subdivision 40.3.2.,
40.3.1.a. With respect to any existing non-fugitive emission source which has maximum theoretical emissions of 6 pounds per hour or more, comply with an emission control plan established on a case-by-case basis approved by the Secretary that meets the definition of reasonably available control measures (RACM) and achieves at least a 90 percent reduction in emissions below the total (aggregate) maximum theoretical emissions from all such non-fugitive emission sources subject to RACM requirements; and
40.3.1.b. With respect to each process unit producing a product or products, intermediate or final, in excess of 1000 megagrams (Mg) (1,100 tons) per year, regardless of whether such product or products are listed in 40 CFR 60.489, comply with an emission control plan for fugitive sources using the methods and criteria of section 37., or alternative methods and criteria approved by the Secretary. The Secretary may exempt a process unit from fugitive emission control requirements upon satisfactory demonstration that emissions are of minor significance.
40.3.2. With respect to such sources as described in paragraphs 40.3.1.a. and 40.3.1.b., comply with emission limits and measures based upon an alternative emissions reduction plan approved by the Secretary considering technical, economic and air quality benefit considerations that, at a minimum, maintains emission control measures incorporated as part of any federally approved maintenance plan for the county or area in which the source is located.
40.3.3. With respect to any source at a facility subject to this section 40., which source has maximum theoretical emissions of 6 pounds per hour or more and is constructed, modified or begins operating after May 1, 1996, comply with a control plan developed on a case-by-case basis approved by the Secretary that meets the definition of reasonably available control technology (RACT) in subsection 2.60. for both fugitive and non-fugitive emission sources.
40.4. Submissions and Approval of Control Plans
40.4.1. The owner or operator of a facility subject to this section 40. shall submit any required amendments to the case-by-case RACT control plans previously submitted to the Secretary, that revise such control plans to meet the definition of reasonably available control measures (RACM).
40.4.2. Reserved.
40.4.3. The Secretary shall not approve a RACM plan or an alternative emissions reduction plan under this section 40. unless such plan includes:
40.4.3.a. A commitment to develop and submit a complete RACT plan to the Secretary within 180 days of a finding by the Secretary that a violation of the National Ambient Air Quality Standard for ozone has occurred within the county or maintenance area in which the source is located; and
40.4.3.b. A commitment to achieving full implementation of RACT within 2 years of approval of the RACT plan by the Secretary.
40.4.4. A finding by the Secretary that a violation of the National Ambient Air Quality Standard for ozone has occurred shall be made based upon verification of a monitored ozone standard violation in the county or maintenance area in which the source is located. The three maintenance areas (the Huntington area, comprising Cabell and Wayne counties; the Charleston area, comprising Kanawha and Putnam counties; and the Parkersburg area, comprising Wood county) shall be treated separately and independently for any such finding(s).
40.4.5. All RACM control plans, RACT control plans, and alternative emissions reduction plans approved by the Secretary pursuant to this section 40. shall be embodied in a consent order or permit in accordance with 45CSR13 or 45CSR30, as required. A facility owner or operator may at any time petition the Secretary to approve revisions to these plans. The decision concerning said petition shall be issued by the Secretary in accordance with 45CSR13 or 45CSR30, as required, or a consent order. Any such revisions shall be subject to the public participation requirements of 45CSR13 or 45CSR30.
40.4.6. The owner or operator of a facility subject to this section 40. may submit for approval by the Secretary an emission control plan that meets the definition of reasonably available control technology (RACT) in subsection 2.60.
40.5. Test methods and procedures. -- The owner or operator of any source subject to this section 40. shall demonstrate compliance with subsection 40.3. by using the applicable test methods specified in sections 41. through 46. or by other means approved by the Secretary. Notwithstanding the requirements of subsection 41.1., EPA approval for alternate test methods to demonstrate compliance shall not be required for sources which are subject solely to emission control requirements specified in subsection 40.3.
40.6. Reporting and Recordkeeping Requirements for Exempt Non-Control Technique Guideline (CTG) Sources.
40.6.1. An owner or operator of a coating line or operation that is exempt from the emission limitations in subsection 40.3. shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.2.
40.6.2. An owner or operator of a non-coating source that is exempt from the emission limitations in subsection 40.3. shall submit, upon request by the Secretary, records that document that the source is exempt from these requirements.
40.6.2.a. These records shall be submitted to the Secretary within 30 days from the date of request.
40.6.2.b. If such records are not made available, the source will be considered subject to the limits in subsection 40.3.
40.7. Reporting and Recordkeeping Requirements for Subject Non-CTG Coating Sources. -- An owner or operator of a coating line or operation subject to this section 40. and complying with subsection 40.3. shall comply with the certification, recordkeeping, and reporting requirements in section 4.
40.8. Reporting and Recordkeeping Requirements for Subject Non-CTG, Non-Coating Sources.
40.8.1. The owner or operator of the subject VOC sources shall perform all testing and maintain the results of all tests and calculations required under subsections 40.3. and 40.5. to demonstrate that the subject source is in compliance.
40.8.2. The owner or operator of the subject VOC source shall maintain these records in a readily accessible location for a minimum of 3 years, and shall make these records available to the Secretary upon verbal or written request.
40.8.3. The owner or operator of any facility containing sources subject to this section 40. shall comply with the requirements in section 5. except that such requirements, as they apply to sources solely subject to this section 40., may be modified by the Secretary upon petition by the owner or operator. Any such modified requirements shall be embodied in the facility’s control plan (RACM, RACT or alternative plan) and reflected in the associated consent order or permit issued pursuant to 45CSR13 or 45CSR30.
W. Va. Code R. § 45-21-41 Test Methods and Compliance Procedures: General Provisions
41.1. Test methods. -- The owner or operator of any volatile organic compound (VOC) source required to comply with sections 11. through 40. shall, at the owner's or operator's expense, demonstrate compliance by using the methods of sections 41. through 47. or alternative methods that are approved by the Secretary and the U.S. EPA and shall meet all the requirements of this section 41.
41.2. Preparation of test plan and quality assurance program. -- At least 30 days before the initiation of a required test under section 44., the owner or operator shall submit a test plan that shall be approved by the Secretary before the results of the test will be considered acceptable. This test plan shall include the following minimum information:
41.2.1. The purpose of the proposed test and the applicable section of sections 11. through 40. of this regulation;
41.2.2. A detailed description of the facility to be tested, including a line diagram of the facility, locations of test sites, and facility operation conditions for the test;
41.2.3. A detailed description of the test methods and procedures, equipment, and sampling sites, i.e., a test plan;
41.2.4. A time table for the following:
41.2.4.a. Date for the compliance test;
41.2.4.b. Date of submittal of preliminary results to the Secretary (not later than 30 days after sample collection); and
41.2.4.c. Date of submittal of final test report (not later than 60 days after completion of on-site sampling); and
41.2.5. Proposed corrective actions should the test results show noncompliance.
41.2.6. Internal QA program. -- The internal QA program shall include, at a minimum, the activities planned by routine operators and analysts to provide an assessment of test data precision. An example of internal QA is the sampling and analysis of replicable samples.
41.2.7. External QA program.
41.2.7.a. The external QA program shall include, at a minimum, application of plans for a test method performance audit (PA) during the performance test.
41.2.7.b. The external QA program may also include systems audits, which include the opportunity for on-site evaluation by the Secretary of instrument calibration, data validation, sample logging, and documentation of quality control data and field maintenance activities.
41.2.7.c. The PA's shall consist of blind audit samples provided by the Secretary and analyzed during the performance test to provide a measure of test data bias.
41.2.7.c.1. The Secretary shall require the owner or operator to analyze PA samples during each performance test when audit samples are available.
41.2.7.c.2. Information concerning the availability of audit materials for a specific performance test may be obtained by contacting the Emission Measurement Technical Information Center at (919) 541-2237.
41.2.7.c.3. If the Secretary has prior knowledge that an audit material is available, he or she may contact the Atmospheric Research and Exposure Assessment Laboratory directly at (919)541-4531.
41.2.7.c.4. All other audit materials may be obtained by calling (919) 541-7834.
41.2.7.c.5. The evaluation criteria applied to the interpretation of the PA results and the subsequent remedial actions required of the owner or operator are the sole responsibility of the Secretary.
41.3. Process operation. -- The owner or operator shall be responsible for providing:
41.3.1. Sampling ports, pipes, lines, or appurtenances for the collection of samples and data required by the test methods and procedures;
41.3.2. Safe access to the sample and data collection locations; and
41.3.3. Light, electricity, and the utilities required for sample and data collection.
41.4. Summary of results. -- No later than 30 days after the sample collection, the owner or operator shall submit preliminary results to the Secretary.
41.5. Final report. -- No later than 60 days after completion of the on-site sampling, the owner or operator shall submit a test report to the Secretary. The test report shall include the following minimum information:
41.5.1. Process description;
41.5.2. Air pollution capture system and control device description;
41.5.3. Process conditions during testing;
41.5.4. Test results and example calculations;
41.5.5. Description of sampling locations and test methods;
41.5.6. Quality assurance measures; and
41.5.7. Field and analytical data.
W. Va. Code R. § 45-21-42 Test Methods and Compliance Procedures: Determining the Volatile Organic Compound (VOC) Content of Coatings and Inks
42.1. Sampling procedures shall follow the guidelines presented in:
42.1.1. ASTM D3925: Standard practice for sampling liquid paints and related pigment coatings; or
42.1.2. ASTM E300: Standard practice for sampling industrial chemicals.
42.2. The analytical methods specified below shall be used to determine the VOC content of each coating, as applied:
42.2.1. Method 24 of 40 CFR Part 60, Appendix A, shall be used in the determination of total volatile content, water content, and density of coatings. For the determination of total volatile content, all samples shall be oven-dried at 100C for 1 hour.
42.2.2. To determine the total volatile content, water content, and density of multi-component coatings, the following procedures shall be used in addition to Method 24 of 40 CFR Part 60, Appendix A.
42.2.2.a. The components shall be mixed in a storage container in proportions the same as those in the coating, as applied. The mixing shall be accomplished by weighing the components in the proper proportion into a container which is closed between additions and during mixing. Approximately 100 ml of coating shall be prepared in a container just large enough to hold the mixture prior to withdrawing a sample.
42.2.2.b. For determination of volatile content, a sample shall be withdrawn from the mixed coating, and then transferred to a dish where the sample shall stand for at least 1 hour, but no more than 24 hours prior to being oven dried at 110C for 1 hour.
42.2.2.c. For determination of the water content and density of multicomponent coatings, samples shall be taken from the same 100 ml mixture of coating and shall be analyzed by the appropriate ASTM method referenced in Method 24 of 40 CFR Part 60, Appendix A.
42.2.3. Method 24A of 40 CFR Part 60, Appendix A, shall be used in the determination of total volatile content, water content, and density of any publication rotogravure printing ink and related coatings.
42.2.4. The following ASTM method may be used as an additional procedure related to determining VOC: ASTM D4457-85 - Standard test method for determination of dichloromethane and 1,1,1, trichloroethane in paints and coatings by direct injection into a gas chromatograph (the procedure delineated above may be used to develop protocols for any compounds specifically exempted from the definition of VOC).
42.3. Use of adaptations to test methods. -- Use of an adaptation to any of the analytical methods specified in subsection 42.2. may be approved by the Secretary and the U.S. EPA on a case-by case basis. An owner or operator shall submit sufficient documentation for the Secretary and the U.S. EPA to find that the analytical methods specified in subdivisions 42.2.1., 42.2.2., and 42.2.3. will yield inaccurate results and that the proposed adaptation is appropriate.
42.4. Each sample collected for analysis shall meet the following criteria:
42.4.1. Each sample shall be at least 1 pint taken into a 1-pint container at a location and time such that the sample will be representative of the coating or ink, as applied (i.e., the sample shall include any dilution solvent or VOC added during the manufacturing process);
42.4.2. If a sample larger than 1 pint is obtained, the sample container shall be of a size such that the sample completely fills the container;
42.4.3. The container shall be tightly sealed immediately after the sample is taken;
42.4.4. Any solvent or other VOC added after the sample is taken shall be measured and accounted for in the calculations in subsection 42.3.; and
42.4.5. For multiple-component coatings, separate samples of each component shall be obtained.
42.5. Calculations for determining the VOC content of coatings and inks from data as determined by Method 24 or 24A of 40 CFR Part 60, Appendix A, shall follow the guidance provided in the following documents:
42.5.1. "A Guideline for Surface Coating Calculations", EPA-340/1-86-016; and
42.5.2. "Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by Paint, Ink and Other Coatings", (Revised June 1986) EPA-450/3-84-019.
W. Va. Code R. § 45-21-43 Test Methods and Compliance Procedures: Alternative Compliance Methods for Surface Coating
43.1. Daily-weighted average. -- The daily-weighted average VOC content, in units of mass of VOC per unit volume of coating, minus water and exempt compounds, as applied, of the coatings used on a day on a coating line or operation shall be calculated using the following equation:
VOCW = The daily-weighted average VOC content of the coatings, as applied, used on a coating line or operation in units of kilograms of VOC per liter of coating (kg VOC/L) (pounds of VOC per gallon of coating [lb VOC/gal]), minus water and exempt compounds; n = The number of different coatings, as applied, each day on a coating line or operation;
Vi = The volume of each coating, as applied, each day on a coating line or operation in units of L (gal), minus water and exempt compounds; and Ci = The VOC content of each coating, as applied, each day on a coating line or operation in units of kg VOC/L of coating (lb VOC/gal), minus water and exempt compounds; and VT = The total volume of all coating, as applied, each day on a coating line or operation in units of L (gal), minus water and exempt compounds.
43.2. Overall emission reduction efficiency for control systems. -- The overall emission reduction efficiency needed to demonstrate compliance is determined each day as follows:
43.2.1. Obtain the emission limitation from the applicable section of this regulation.
43.2.2. Calculate the emission limitation on a solids basis according to the following equation:
S = C/(1-(C/d))
S = The VOC emission limitation in terms of kg VOC/L of coating solids (lb VOC/gal);
C = The VOC emission limitation in terms of kg VOC/L of coating (lb/gal), minus water and exempt compounds; and d = The density of VOC for converting emission limitation to a solids basis. The density equals 0.882 kg/L (7.36 lb/gal).
43.2.3. Calculate the required overall emission reduction efficiency of the control system for the day according to the following equation:
E = ((VOCa – S)/VOCa)) x 100 E = The required overall emission reduction efficiency of the control system for the day;
VOCa = (1) The maximum VOC content of the coatings, as applied, used each day on the subject coating line or operation, in units of kg VOC/L of coating solids (lb/gal), as determined by the applicable test methods and procedures specified in section 42.; or (2) The daily-weighted average VOC content, as applied, of the coatings used each day on the subject coating line or operation, in units of kg VOC/L of coating solids (lb/gal), as determined by the applicable test methods and procedures specified in section 42. and the procedure in subdivision 43.2.4.; and S = VOC emission limitation in terms of kg VOC/L of coating solids (lb VOC/gal).
43.2.4. The daily-weighted average VOC content, as applied, of the coatings used on a coating line or operation in units of mass of VOC per unit volume of coating solids shall be calculated by the following equation:
VOCWS = The daily-weighted average VOC content, as applied, of the coatings used on a coating line or operation in units of mass of VOC per unit volume of coating solids; n = The number of different coatings, as applied, used in a day on a coating line or operation;
Vi = The volume of each coating (i), as applied, used in a day on a coating line or operation in units of liters (L) (gallons [gal]);
WVOCi = The weight fraction of VOC in each coating (i), as applied, used in a day on a coating line or operation in units of kg VOC/kg coating (lb/lb);
Di = The density of each coating (i), as applied, used in a day on a coating line or operation in units of kg coating/L of coating (lb/gal);
VSi = The volume fraction solids content of each coating (i), as applied, used on a day on a coating line or operation in units of L solids/L coating (gal/gal);
W. Va. Code R. § 45-21-44 Test Methods and Compliance Procedures: Emission Capture and Destruction or Removal Efficiency and Monitoring Requirements
44.1. Determining the efficiency of volatile organic compound (VOC) capture systems.
44.1.1. Definitions and abbreviations. -- For purposes of this section 44., the following definitions and abbreviations apply:
44.1.1.a. "Gas/gas method" means either of two methods for determining capture which rely only on gas phase measurements. One method requires construction of a temporary total enclosure (TTE) to assure all potential fugitive emissions are measured while the other method uses the room or building which houses the source as an enclosure.
44.1.1.b. "Hood" means a partial enclosure or canopy for capturing and exhausting, by means of a draft, the organic vapors or other fumes rising from a coating process or other source.
44.1.1.c. "Liquid/gas method" means either of two methods for determining capture which require both gas phase and liquid phase measurements and analysis. One liquid/gas method requires construction of a temporary total enclosure, the other uses the building or room which houses the facility as an enclosure.
44.1.1.d. "Process line" means any coating line, coating operation, or printing press.
44.1.1.e. "PTE" is a permanent total enclosure, which contains a process that emits VOC and meets the specifications given in Procedure T in Appendix A of this regulation.
44.1.1.f. "TTE" is a temporary total enclosure which is built around a process that emits VOC and meets the specifications given in Procedure T in Appendix A of this regulation.
44.1.1.g. "BE" is a building or room enclosure that contains a process that emits VOC. If a BE is to substitute for a PTE or TTE, the appropriate requirements given in Procedure T in Appendix A of this regulation shall be met.
44.1.2. Applicability.
44.1.2.a. The requirements of subdivision 44.1.3. shall apply to all regulated VOC emitting processes employing a control system except as provided below.
44.1.2.b. If a source owner or operator installs a PTE that meets EPA specifications, and which directs all VOC to a control device, the capture efficiency is assumed to be 100 percent, and the source is exempted from the requirements described in subdivision 44.1.3. Procedure T in Appendix A of this regulation shall be used to determine whether a structure is a PTE. This does not exempt a source from performance of any control device efficiency testing required under this regulation. In addition, a source shall demonstrate that all criteria for a PTE are met during the testing for capture efficiency.
44.1.2.c. If a source owner or operator uses a control device designed to collect and recover VOC (e.g. carbon adsorber), an explicit measurement of capture efficiency is not necessary if the conditions given below are met. The overall emission reduction efficiency of the control system can be determined each day by directly comparing the liquid VOC input to the process (L) to the recovered liquid VOC. The procedure for use in this situation is specified in 40 CFR 60.433 with the following modifications:
44.1.2.c.1. The source owner or operator shall be able to equate solvent usage with solvent recovery on a 24-hour (daily) basis, rather than a 30-day weighted average as given in 40 CFR 60.433. This shall be done within 72 hours following each 24-hour period; and
44.1.2.c.2. If the solvent recovery system controls multiple process lines, the source owner or operator shall be able to demonstrate that the overall control (i.e., the total recovered solvent VOC divided by the sum of liquid VOC input to all process lines venting to the control system) meets or exceeds the most stringent standard applicable for any process line venting to the control system.
44.1.3. Specific Requirements.
44.1.3.a. The capture efficiency shall be measured using one of the four protocols given in subparagraphs 44.1.3.c.1. through 44.1.3.c.4..
44.1.3.b. Any error margin associated with a test protocol shall not be incorporated into the results of a capture efficiency test.
44.1.3.c. Any source required to comply with this section 44. shall use one of the following protocols to measure capture efficiency, unless a suitable alternative protocol is approved by the Secretary and the U.S. EPA:
44.1.3.c.1. Gas/gas method using TTE. -- Procedure T in Appendix A of this regulation shall be used to determine whether a temporary enclosure is a TTE. The capture efficiency equation to be used for this protocol is:
CE = G/ (G + F)
CE = capture efficiency, decimal fraction G = mass of VOC captured and delivered to control device using a TTE F = mass of fugitive VOC that escapes from a TTE.
Procedure G.2 in Appendix A of this regulation is used to obtain G. Procedure F.1 in Appendix A of this regulation is used to obtain F.
44.1.3.c.2. Liquid/gas method using TTE. -- Procedure T in Appendix A of this regulation shall be used to determine whether a temporary enclosure is a TTE. The capture efficiency equation to be used for this protocol is:
CE = (L – F) / L
CE = capture efficiency, decimal fraction L = mass of liquid VOC input to process F = mass of fugitive VOC that escapes from a TTE.
Procedure L in Appendix A of this regulation is used to obtain L. Procedure F.1 in Appendix A of this regulation is used to obtain F.
44.1.3.c.3. Gas/gas method using the building or room (BE) in which the source is located as the enclosure and in which G and F are measured while operating only the source to be tested. -- All fans and blowers in the building or room shall be operated as they would under normal production. The capture efficiency equation to be used for this protocol is:
CE = G / (G + FB)
CE = capture efficiency, decimal fraction G = mass of VOC captured and delivered to a control device FB = mass of fugitive VOC that escapes from building enclosure.
Procedure G.2 in Appendix A of this regulation is used to obtain G. Procedure F.2 in Appendix A of this regulation is used to obtain FB
44.1.3.c.4. Liquid/gas method using the building or room (BE) in which the source is located as the enclosure and in which L and F are measured while operating only the source to be tested. All fans and blowers in the building or room shall be operated as they would under normal production. The capture efficiency equation to be used for this protocol is:
CE = ((L – FB)/ L
CE = capture efficiency, decimal fraction L = mass of liquid VOC input to process FB = mass of fugitive VOC that escapes from building enclosure.
Procedure L in Appendix A of this regulation is used to obtain L. Procedure F.2 in Appendix A of this regulation is used to obtain FB.
44.1.4. Recordkeeping and Reporting.
44.1.4.a. All sources complying with this section 44. shall maintain on file a copy of the capture efficiency protocol submitted to the Secretary. All results of appropriate test methods and CE protocols shall be reported to the Secretary within 60 days of the test date. A copy of the results shall be kept on file with the source.
44.1.4.b. If any changes are made to capture or control equipment, the source is required to notify the Secretary within 30 days of these changes and a new capture efficiency and/or control device destruction or removal efficiency test may be required.
44.2. Determining the destruction or removal efficiency of incinerators and carbon adsorbers.
44.2.1. Testing.
44.2.1.a. The control device destruction or removal efficiency shall be determined from data obtained by simultaneously measuring the inlet and outlet gas-phase VOC concentrations and gas volumetric flow rates in accordance with the gas-phase test methods specified in section 45. The control device destruction or removal efficiency shall be calculated using the following equation:
E = VOC destruction efficiency of the control device;
Qi = Volumetric flow rate of the effluent gas flowing through stack i entering the control device, dry standard cubic meters per hour (dscmh);
Ci = Concentration of VOC (as carbon) in the effluent gas flowing through stack i entering the control device, ppmv;
Qj = Volumetric flow rate of the effluent gas flowing through stack j leaving the control device, dscmh;
Cj = Concentration of VOC (as carbon) in the effluent gas flowing through stack j leaving the control device, ppmv; n = The number of vents to the control device; and m = The number of vents after the control device.
44.2.1.b. A source utilizing a PTE (or a BE as a PTE) shall demonstrate that this enclosure meets the requirements given in Procedure T in Appendix A of this regulation for a PTE during any testing of a control device.
44.2.1.c. A source utilizing a TTE (or a BE as a TTE) shall demonstrate that this enclosure meets the requirements given in Procedure T in Appendix A of this regulation for a TTE during testing of a control device. The source shall also provide documentation that the quality assurance criteria for a TTE have been achieved.
44.2.2. Monitoring.
44.2.2.a. Any owner or operator who uses an incinerator or regenerative carbon adsorber to comply with any part of this regulation shall install, calibrate, certify to the Secretary, operate, and maintain monitoring equipment. The monitoring equipment shall monitor the following parameters:
44.2.2.a.1. Continuous monitoring of the combustion chamber temperature of each thermal incinerator or afterburner;
44.2.2.a.2. Continuous monitoring of the temperature immediately before and after each catalytic incinerator bed;
44.2.2.a.3. For each carbon adsorption bed the VOC concentration and flow shall be monitored before and after the carbon adsorption bed. The monitor shall be equipped with a continuous recording device. An alternative continuous monitoring program may be used if the monitoring program can be demonstrated to be equally as effective, as determined by the Secretary.
44.2.2.b. The continuous temperature monitoring equipment shall be equipped with a continuous recorder and have an accuracy of 1 percent of the combustion temperature being measured expressed in degrees Celsius (C) or 0.5C, whichever is greater.
44.2.2.c. The owner or operator shall ensure that the quality assurance measures in subsection 47.10. are met.
44.3. Determining the overall emission reduction efficiency. -- The overall emission reduction efficiency of the emission control system shall be determined each day as the product of the capture efficiency and the control device destruction or removal efficiency; or for each solvent recovery system, by the liquid/liquid test protocol. The results of the capture efficiency test and control device destruction or removal efficiency test remain valid for each day until a subsequent test is performed. The results of any valid test may be used for each day until superseded by the results of a valid test subsequently performed.
W. Va. Code R. § 45-21-45 Test Methods and Compliance Procedures: Determining the Destruction or Removal Efficiency of a Control Device
45.1. Depending upon the conditions at a test site, one of the following test methods from 40 CFR Part 60, Appendix A, shall be used to determine volatile organic compound (VOC) concentrations of a gas stream at the inlet and outlet of a control device:
45.1.1. Method 18;
45.1.2. Method 25; or
45.1.3. Method 25A.
45.2. The method selected shall be based on consideration of the diversity of organic species present and their total concentration and on consideration of the potential presence of interfering gases. Because of the different response factors for the many organic compounds formed during the combustion process, only Method 25, which measures VOC as carbon, shall be used for determining destruction efficiency of incinerators or catalytic incinerators.
45.3. Except as indicated in subdivisions 45.3.1. and 45.3.2., a test shall consist of three separate runs, each lasting a minimum of 60 minutes (min), unless the Secretary determines that process variables dictate shorter sampling times.
45.3.1. When the method is to be used to determine the efficiency of a fixed-bed carbon adsorption system with a common exhaust stack for all of the individual adsorber vessels, the test shall consist of three separate runs, each coinciding with one or more complete sequences through the adsorption cycles of all the individual adsorber vessels.
45.3.2. When the method is to be used to determine the efficiency of a fixed-bed carbon adsorption system with individual exhaust stacks for each adsorber vessel, each adsorber vessel shall be tested individually. The test for each adsorber vessel shall consist of three separate runs. Each run shall coincide with one or more complete adsorption cycles.
45.4. Method 1 or 1A of 40 CFR Part 60, Appendix A, shall be used for velocity traverses.
45.5. Method 2, 2A, 2C, or 2D of 40 CFR Part 60, Appendix A, shall be used for velocity and volumetric flow rates.
45.6. Method 3 or 3A of 40 CFR Part 60, Appendix A, shall be used for O2 and CO2 analysis.
45.7. Method 4 of 40 CFR Part 60, Appendix A, shall be used for stack gas moisture.
45.8. Methods 2, 2A, 2C, 2D, 3, 3A and 4 of 40 CFR Part 60, Appendix A, shall be performed, as applicable, at least once during each test run.
45.9. Use of adaptations to test methods. -- Use of an adaptation to any of the analytical methods specified in subsections 45.1. and 45.4. through 45.8. may be approved by the Secretary and the U.S. EPA on a case-by-case basis. An owner or operator shall submit sufficient documentation for the Secretary and the U.S. EPA to find that the analytical methods specified in subsections 45.1. and 45.4. through 45.8. will yield inaccurate results and that the proposed adaptation is appropriate.
W. Va. Code R. § 45-21-46 Test Methods and Compliance Procedures: Leak Detection Methods for Volatile Organic Compounds (VOCs)
46.1. Owners or operators required to carry out a leak detection monitoring program shall comply with the following requirements:
46.1.1. Monitoring shall be performed in accordance with Method 21 of 40 CFR Part 60, Appendix A.
46.1.2. The detection instrument shall meet the performance criteria of Method 21.
46.1.3. The detection instrument shall be calibrated before and after use on each day of its use by the methods specified in Method 21. Failure to achieve a post-use calibration precision of 10 percent or less shall constitute grounds for rejecting all tests performed since the last pre-use calibration. In such cases, required leak tests shall be reperformed.
46.1.4. Calibration gases shall be:
46.1.4.a. Zero air (less than 10 parts per million [ppm] of hydrocarbon in air); and
46.1.4.b. A mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppm methane or n-hexane.
46.1.5. The detection instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Method 21.
46.2. When equipment is tested for compliance with the requirement that there be no detectable emissions, the test shall comply with the following:
46.2.1. The requirements of subdivisions 46.1.1. through 46.1.5. shall apply and shall be met; and
46.2.2. The background level shall be determined as set forth in Method 21.
46.3. Leak detection tests shall be performed consistent with:
46.3.1. "APTI Course SI 417-Controlling Volatile Organic Compound Emissions from Leaking Process Equipment," EPA-450/2-82-015;
46.3.2. "Portable Instrument User's Manual for Monitoring VOC Sources," EPA-340/1-86-015;
46.3.3. "Protocols for Generating Unit-Specific Emission Estimates for Equipment Leaks of VOC and VHcAP," EPA-450/3-88-010; and
46.3.4. "Petroleum Refinery Enforcement Manual," EPA-340/1-80-008.
46.4. Use of adaptations to test methods. -- Use of an adaptation to any of the analytical methods specified in subsections 46.1., 46.2., and 46.3. may be approved by the Secretary and the U.S. EPA on a case-by-case basis. An owner or operator shall submit sufficient documentation for the Secretary and the U.S. EPA to find that the analytical methods specified in subsections 46.1., 46.2., and 46.3. will yield inaccurate results and that the proposed adaptation is appropriate.
W. Va. Code R. § 45-21-47 Performance Specifications for Continuous Emissions Monitoring of Total Hydrocarbons
47.1. Applicability.
47.1.1. This method applies to the measurement of total hydrocarbons as a surrogate measure for the total gaseous organic concentration of the combustion gas stream. The concentration is expressed in terms of propane.
47.1.2. The Secretary and the U.S. EPA may approve the use of gas conditioning, including cooling to between 4.4 and 18C (40 and 64F), and condensate traps to reduce the moisture content of the sample gas if the owner/operator:
47.1.2.a. Successfully demonstrates to the Secretary and the U.S. EPA that the use of such system is necessary for the specific application; and
47.1.2.b. Includes in the demonstration a quantification of the total hydrocarbon concentration (THC) lost to the gas conditioning system.
47.2. Principal. -- A gas sample is extracted from the source through a heated sample line and heated glass fiber filter to a flame ionization detector (FID). Results are reported as volume concentration equivalents of the propane.
47.3. Definitions. -- As used in this section 47., all terms not defined herein shall have the meaning given them in section 2.
47.3.1. "Calibration drift" means the difference in the measurement system response to a mid-level calibration gas before and after a stated period of operation during which no unscheduled maintenance, repair, or adjustment took place.
47.3.2. "Calibration error" means the difference between the gas concentration indicated by the measurement system and the known concentration of the calibration system.
47.3.3. "Calibration gas" means a known concentration of a gas in an appropriate diluent gas.
47.3.4. "Measurement system" means the total equipment required for the determination of the inlet and outlet gas concentrations, percent capture efficiency, and gas outlet emission rate. The system consists of the following major subsystems:
47.3.4.a. Sample interface -- the portion of the system that is used for one or more of the following:
47.3.4.a.1. Sample acquisition;
47.3.4.a.2. Sample transportation;
47.3.4.a.3. Sample conditioning; or
47.3.4.a.4. Protection of the analyzer from the effects of the stack effluent;
47.3.4.b. Organic analyzer -- the portion of the system that senses organic concentration and generates an output proportional to the gas concentration;
47.3.4.c. Data recorder -- the portion of the system that records a permanent record of the measurement values; and
47.3.4.d. Flow rate system -- a gas volume meter meeting the requirements of Method 2A, subsection 2.1 (40 CFR Part 60, Appendix A).
47.3.5. "Response time" means the time interval from a step change in pollutant concentration at the inlet to the emission measurement system to the time at which 95 percent of the corresponding final value is reached as displayed on the recorder.
47.3.6. "Span value" means for most incinerators, a 50 parts per million (ppm) propane span. Higher span values may be necessary if propane emissions are significant. For convenience, the span value should correspond to 100 percent of the recorder scale.
47.3.7. "Zero drift" means the difference in the measurement system response to a zero level calibration gas before and after a stated period of operation during which no unscheduled maintenance, repair, or adjustment took place.
47.4. Apparatus. -- [Note: this method is often applied in highly explosive areas. Caution should be exercised in choice of equipment and installation.] An acceptable measurement system includes a sample interface system, a calibration valve, gas filter and a pump preceding the analyzer. THC measurement systems are designated HOT or COLD systems based on the operating temperatures of the system. In HOT systems, all components in contact with the sample gas (probe, calibration valve, filter, and sample lines) as well as all parts of the flame ionization analyzer between the sample inlet and the FID must be maintained between 150 to 175C. This includes the sample pump if it is located on the inlet side of the FID. A condensate trap may be installed, if necessary, to prevent any condensate entering the FID. The essential components of the measurement system are as follows:
47.4.1. Organic concentration analyzer. -- An FID capable of meeting or exceeding the specifications in this method.
47.4.2. Sample probe.
47.4.2.a. Stainless steel, or equivalent, three-hole rake type. Sample holes shall be 4 millimeters (mm) (0.2 inches [in.] in diameter or smaller and located at 16.7, 50, and 83.3 percent of the equivalent stack diameter; or
47.4.2.b. A single opening probe so that a gas sample is collected from the centrally located 10 percent area of the stack cross section.
47.4.3. Sample line. -- Stainless steel or Teflon tubing to transport the sample gas to the analyzer. The sample line from the heated probe shall be heated to between 150 and 175C (302 and 347F).
47.4.4. Calibration valve assembly.
47.4.4.a. A heated three-way valve assembly to direct the zero and calibration gases to the analyzers; or
47.4.4.b. Other methods, such as quick-connect lines, to route calibration gas to the analyzers.
47.4.5. Particulate filter. -- An in-stack or an out-of-stack glass fiber filter if exhaust gas particulate loading is significant. An out-of-stack filter must be heated.
47.4.6. Recorder. -- A strip-chart recorder, analog computer, or digital recorder for recording measurement data. The minimum data recording shall be one measurement value per minute.
47.5. Calibration gases and other gases.
47.5.1. Gases used for calibration, fuel, and combustion air shall be contained in compressed gas cylinders.
47.5.2. Preparation of calibration gases shall be done according to the procedure in Protocol No.1, listed in the reference in subdivision 47.12.2.
47.5.3. The recommended shelf life for each calibration gas cylinder over which the concentration does not change more than 2 percent from the certified value shall be obtained from the cylinder manufacturer.
47.5.4. The following calibration and other gases shall be used:
47.5.4.a. Fuel. -- A 40 percent hydrogen and 60 percent helium or 40 percent hydrogen and 60 percent nitrogen gas mixture to avoid an oxygen synergism effect that reportedly occurs when oxygen concentration varies significantly from a mean value.
47.5.4.b. Zero gas. -- High purity air with less than 0.1 parts per million by volume (ppmv) of organic material methane or carbon equivalent or less than 0.1 percent of the span value, whichever is greater.
47.5.4.c. Low-level calibration gas. -- Propane calibration gas (in air or nitrogen) with a concentration equivalent to 20 to 30 percent of the applicable span value.
47.5.4.d. Mid-level calibration gas. -- Propane calibration gas with a concentration equivalent to 45 to 55 percent of the applicable span value.
47.5.4.e. High-level calibration gas. Propane calibration gas with a concentration equivalent to 80 to 90 percent of the applicable span value.
47.6. Measurement system performance specifications.
47.6.1. Zero drift shall be less than 3 percent of the span value.
47.6.2. Calibration drift shall be less than 3 percent of the span value.
47.6.3. Calibration error shall be less than 5 percent of the calibration gas value.
47.7. Pretest preparations.
47.7.1. Selection of sampling site.
47.7.1.a. The location of the sampling site shall be determined from the applicable regulation or purpose of the test (i.e., exhaust stack, inlet line, etc).
47.7.1.b. The sample port shall be located at least 1.5 meters (4.9 feet) or 2 equivalent diameters upstream of the gas discharge to the atmosphere.
47.7.2. Location of sample probe. -- The sample probe must be installed so that the probe is centrally located in the stack, pipe or duct and is sealed tightly at the stack port connection.
47.7.3. Measurement systems preparation. -- Prior to the emission test, the measurement system must be assembled following the manufacturer's written instructions in preparing the sample interface and the organic analyzer. The system must be operable.
47.7.4. Calibration error test.
47.7.4.a. Immediately prior to the test series (within 2 hours of the start of the test), zero gas and high-level calibration gas shall be introduced at the calibration valve assembly.
47.7.4.b. The analyzer output shall be adjusted to the appropriate levels, if necessary.
47.7.4.c. The predicted response for the low-level and mid-level gases shall be calculated based on a linear response line between the zero and high-level responses.
47.7.4.d. Low-level and mid-level calibration gases shall be introduced successively to the measurement system.
47.7.4.e. The analyzer responses for low-level and mid-level calibration gases shall be recorded, and the differences between the measurement system responses and the predicted responses shall be determined. These differences must be less than 5 percent of the respective calibration gas value. If not, the measurement system shall be deemed not acceptable and must be replaced or repaired prior to testing. No adjustments to the measurement system shall be conducted after the calibration and before the drift determination found in subdivision 47.8.2.
47.7.4.f. If adjustments are necessary before the completion of the test series, the drift checks shall be performed prior to the required adjustments, and the calibration following the adjustments shall be repeated.
47.7.4.g. If multiple electronic ranges are to be used, each additional range must be checked with a mid-level calibration gas to verify the multiplication factor.
47.7.5. Response time test.
47.7.5.a. Zero gas shall be introduced into the measurement system at the calibration valve assembly.
47.7.5.b. When the system output has stabilized, the owner or operator shall switch quickly to the high-level calibration gas.
47.7.5.c. The time shall be recorded from the concentration change to the measurement system response equivalent to 95 percent of the step change.
47.7.5.d. The test shall be repeated three times and the results averaged.
47.8. Emission measurement test procedure.
47.8.1. Organic measurement.
47.8.1.a. Sampling shall begin at the start of the test period.
47.8.1.b. Time and any required process information shall be recorded, as appropriate.
47.8.1.c. Periods of process interruption or cyclic operation shall be noted on the recording chart.
47.8.2. Drift determination.
47.8.2.a. Immediately following the completion of the test period and hourly during the test period, the zero and mid-level calibration gases shall be introduced, one at a time, to the measurement system at the calibration valve assembly. No adjustments to the measurement system shall be made until after both the zero and calibration drift checks are made.
47.8.2.b. The analyzer response shall be recorded.
47.8.2.c. If the drift values exceed the specified limits, the test results shall be invalidated preceding the check, and the test shall be repeated following corrections to the measurement system.
47.8.2.d. Alternatively, the test measurement system may be recalibrated as in subdivision 47.7.4. and the results reported using both sets of calibration data (i.e., data determined prior to the test period and data determined following the test period).
47.9. Organic concentration calculations. -- The average organic concentration shall be determined in terms of ppmv propane by the integration of the output recording over the period specified in the applicable regulation.
47.10. Quality assurance.
47.10.1. The owner or operator shall assure proper calibration, maintenance, and operation of the continuous emissions monitoring system on a continual basis.
47.10.2. The owner or operator shall establish a quality assurance program to evaluate and monitor performance on a continual basis. The following checks shall routinely be done:
47.10.2.a. A daily calibration check for each monitor. The calibration shall be adjusted if the check indicates the instrument's calibration drift exceeds the specification established in subsection 47.6.;
47.10.2.b. A daily system audit which includes the following:
47.10.2.b.1. A review of the calibration check data;
47.10.2.b.2. An inspection of the recording system;
47.10.2.b.3. An inspection of the control panel warning lights; and
47.10.2.b.4. An inspection of the sample transport/interface system (e.g., flowmeters, filters), as appropriate;
47.10.2.c. A quarterly calibration error test at the span midpoint; and
47.10.2.d. The entire performance specification test repeated every second year.
47.11. Reporting of total hydrocarbon levels.
47.11.1. The total hydrocarbon concentration (THC) levels from the initial compliance certification test shall be reported as ppm propane for inlet and outlet concentrations and as a percent reduction across the control device.
47.11.2. THC levels shall be expressed in milligrams per second (mg/sec) (pounds per second [lb/sec]).
47.11.3. This conversion shall be accomplished using the following equation:
THC, mg/sec = (THC ppm propane) x (stack gas flow) x 2.8 x 10-2 THC ppm propane = the total hydrocarbon concentration as actually measured by this method in ppm propane at the inlet or outlet.
Stack gas flow = measured in dry standard cubic feet as time needed as determined by the flowmeter system or Methods 2 and 4 of 40 CFR Part 60, Appendix A. 2.8 x 10-2 = constant to account for the conversion of units.
47.12. References.
47.12.1. Measurement of Volatile Organic Compounds -- Guideline Series. U.S. Environmental Protection Agency, Research Triangle Park, North Carolina. Publication No. EPA-450/2-78-041. June 1978. p.46-54.
47.12.2. Traceability Protocol for Establishing True Concentrations of Gases Used for Calibration and Audits of Continuous Source Emission Monitors (Protocol No. 1). U.S. Environmental Protection Agency, Environmental Monitoring and Support Laboratory. Research Triangle Park, North Carolina. June 1973.
47.12.3. Gasoline Vapor Emission Laboratory Evaluation -- Part 2. U.S. Environmental Protection Agency. Office of Air Quality Planning and Standards. Research Triangle Park, North Carolina. EMB Report No.75-GAS-6. August 1975.
47.12.4. Methods Manual for Compliance with the BIF Regulations -- Burning Hazardous Waste in Boilers and Industrial Furnaces, EPA/530-SW-91-010, December 1990: Section 2.0 - "Performance Specifications for Continuous Emission Monitoring of Carbon Monoxide and Oxygen for Incinerators, Boilers, and Industrial Furnaces Burning Hazardous Waste", pages 2-1 through 2-35.
W. Va. Code R. § 45-21-48 Quality Control Procedures for Continuous Emission Monitoring Systems (CEMS)
48.1. CEMS quality control (QC) program. -- Each owner or operator of a CEMS shall develop and implement a CEMS QC program. At a minimum, each QC program shall include written procedures that describe in detail step-by-step procedures and operations for each of the following:
48.1.1. Initial and routine periodic calibration of the CEMS.
48.1.2. Calibration drift (CD) determination and adjustment of the CEMS.
48.1.3. Preventative maintenance of the CEMS (including spare parts inventory).
48.1.4. Data recording, calculations, and reporting.
48.1.5. Accuracy audit procedures including sampling and analysis methods.
48.1.6. Program of corrective action for malfunctioning CEMS.
48.2. Determining out-of-control condition for the CEMS.
48.2.1. If either the zero (or low-level) or high-level CD exceeds twice the applicable drift specification in 40 CFR Part 60, Appendix B, for five consecutive daily periods, the CEMS is out-of-control.
48.2.2. If either the zero (or low-level) or high-level CD exceeds four times the applicable drift specification in 40 CFR Part 60, Appendix B, during any CD check, the CEMS is out-of-control.
48.2.3. If the CEMS fails a performance audit (PA), the CEMS is out-of-control.
48.3. Determining the out-of-control time period for the CEMS.
48.3.1. The beginning of the out-of-control period is:
48.3.1.a. The time corresponding to the completion of the fifth consecutive daily CD check with CD in excess of two times the allowable limit, or
48.3.1.b. The time corresponding to completion of the daily CD check preceding the daily CD check that results in a CD in excess of four times the allowable limit.
48.3.2. The end of the out-of-control period is the time corresponding to the completion of the CD check following corrective action that results in the CD's at both the zero (or low-level) and high-level measurement points being within the corresponding allowable CD limit (i.e., either two times or four times the allowable limit in 40 CFR Part 60, Appendix B).
48.3.3. If the CEMS failed a PA, the beginning of the out-of-control period is the time corresponding to the completion of the failed audit test. The end of the out-of-control period is the time corresponding to a successful retest of the PA sample.
48.4. Recordkeeping. -- The owner or operator shall keep the QC procedure described in subsection 48.1. in a readily accessible location for at least 3 years and shall make the procedure available to the Secretary upon verbal or written request.
48.5. Reporting. -- The owner or operator shall submit all information concerning out-of-control periods including beginning and end dates and descriptions of corrective actions taken in the excess emissions report defined in 40 CFR 60.7(c).
W. Va. Code R. § 45-21-49 Inconsistency between rules
49.1. 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.
W. Va. Code R. § 45-21-50 Disposition of Rule; Severability
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 ≤ net heating value (MJ/scm) ≤ 3.5: 48.73 13.5 < FL ≤ 700 42.35 0.624 700 < FL ≤ 1,400 84.38 0.678 1,400 < FL≤ 2,100 126.41 0.712 2,100 < FL ≤ 2,800 168.44 0.747 0.0490 2,800 < FL ≤ 3,500 210.47 0.758 0.0548 A2. For chlorinated process vent streams, if 3.5 < net heating value (MJ/scm): 47.76 13.5 < FL ≤ 700 41.58 0.605 700 < FL ≤ 1,400 82.84 0.658 1,400 < FL ≤ 2,100 123.10 0.691 2,100 < FL ≤ 2,800 165.36 0.715 0.0490 2,800 < FL ≤ 3,500 206.62 0.734 0.0548 B. For nonchlorinated process vent streams, if 0 ≤ net heating value (MJ/scm) ≤ 0.48: 19.05 0.113 -0.214 13.5 < FL ≤ 1,350 16.61 0.239 0.113 -0.214 1,350 < FL ≤ 2,700 32.91 0.260 0.113 -0.214 2,700 < FL ≤ 3,500 49.21 0.273 0.113 -0.214 C. For nonchlorinated process vent streams, if 0.48 < net hearing value (MJ/scm) ≤ 1.9: 19.74 0.400 -0.202 13.5 < FL ≤ 1,350 18.30 0.138 0.400 -0.202 1,350 < FL ≤ 2,700 36.28 0.150 0.400 -0.202 2,700 < FL ≤ 4,050 54.26 0.158 0.400 -0.202 D. For nonchlorinated process vent streams, if 1.9 < net heating value (MJ/scm) ≤ 3.6: 15.24 0.033 13.5 < FL ≤ 1,190 13.63 0.157 0.033 1,190 < FL ≤ 2,380 26.95 0.171 0.033 2,380 < FL ≤ 3,570 40.27 0.179 0.033 E. For nonchlorinated process vent streams, if 3.6 < net heating value (MJ/scm): 15.24 0.0090 13.5 < FL ≤ 1,190 13.63 0.0090 0.0503 1,190 < FL ≤ 2,380 26.95 0.0090 0.0546 2,380 < FL ≤ 3,570 40.27 0.0090 0.0573
Series 22 Air Quality Management Fee Program
W. Va. Code R. § 45-22-1 General
1.1. Scope. -- This rule establishes a program to collect fees for certificates to operate and for permits to construct, modify or relocate sources of air pollution. Funds collected from these fees will be used to supplement the Director's budget for the purpose of maintaining an effective air quality management program.
1.2. Authority. -- W. Va. Code '22-5-1 et seq.
1.3. Filing Date. -- May 6, 1991.
1.4. Effective Date. -- May 6, 1991.
W. Va. Code R. § 45-22-2 Definitions
2.1. "Air Pollution" has the meaning ascribed to it in W. Va. Code '22-5-2.
2.2. "Chemical Processing Unit" has the meaning described in 45CSR27.
2.3. [RESERVED]
2.4. "Completed Application" means an application submitted with the appropriate fee paid to the Director and which contains all of the information required by the Director to determine whether a permit or certificate should be issued or denied by the Director.
2.5. "Director" means the Director of the West Virginia 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.
2.6. "Emissions Unit" has the meaning described in 45CSR14.
2.7. "Major Modification"; "Major Modification for Ozone" have the meanings described in 45CSR14 and 45CSR19.
2.8. "Major Stationary Source"; "Major Stationary Source for Ozone" have the meanings described in 45CSR14 and 45CSR19.
2.9. "Modification" has the meanings described in 45CSR13 and 45CSR27.
2.10. "NESHAPs" means National Emission Standards for Hazardous Air Pollutants as described in 45CSR15.
2.11. "Nonattainment Review/Bubble Concept" has the meanings as described in 45CSR19.
2.12. "NSPS" means New Source Performance Standards as described in 45CSR16.
2.13. "Person" means any and all persons, natural or artificial, including the State of West Virginia or any other state and all agencies or divisions thereof, any state political subdivision, the United States of America, any municipal, public, statutory, or private corporation or association organized or existing under the laws of this or any other state or country, and any firm, partnership, or association of whatever nature.
2.14. "Process Unit" means components assembled to produce any chemical as a final or intermediate product. A process unit can operate independently if supplied with sufficient utilities, feed or raw materials and sufficient storage facilities for the product.
2.15. "PSD" means Prevention of Significant Deterioration, as described in 45CSR14.
2.16. "Source", "Stationary Source", and "Plant" means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "major group" (i.e., which have the same two-digit code) as described in the Standard Industrial Classification Manual, 1972, as amended.
2.17. "Toxic Air Pollutant" has the meaning described in 45CSR27.
W. Va. Code R. § 45-22-3 Requirements for Permit to Construct, Modify or Relocate
3.1. For the sources or emission units subject to the permitting requirements of 45CSR13 ("Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Temporary Permits, General Permits, and Procedures for Evaluation"), 45CSR14 ("Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration"), 45CSR19 ("Requirements for Pre-Construction Review, Determination of Emissions Offsets for Proposed, New or Modified Stationary Sources of Air Pollutants and Bubble Concept Trading for Intrasource Pollutants"), and 45CSR15 ("Emission Standards for Hazardous Air Pollutants Pursuant to 40 CFR Part 61"), no person may commence construction, modification or relocation without first filing a completed application and obtaining a permit.
3.2. Applications for permits for construction, modification or relocation shall be submitted in accordance with 45CSR13, 45CSR14, 45CSR19, and 45CSR15, whichever may be applicable.
3.3. Fee payment.
3.3.a. A person applying for a permit to construct, modify or relocate shall pay a fee when submitting the application. The fee shall be paid by a negotiable instrument (check, draft, warrant, money order, etc.) made payable to the "Air Pollution Control Fund". Any application for a permit to construct, modify or relocate shall not be deemed to have been received nor complete unless payment of the application fee is included.
3.3.b. An application fee paid hereunder is not refundable.
3.4. Fee Schedule.
3.4.a. All persons required to submit an application for a permit to construct, modify or relocate pursuant to 45CSR13 shall pay an application fee of one thousand dollars ($1000).
3.4.b. In addition to the fee required in Section 3.4.a. of this rule, all persons subject to PSD requirements (45CSR14), Nonattainment Review/Bubble Concept requirements (45CSR19), NSPS requirements (45CSR16), NESHAPs requirements (45CSR15), or Toxic Air Pollutant requirements (45CSR27 shall pay additional fees as described below:
Category Fee NSPS Requirements $1,000 NESHAPs or Toxic Air Pollutant Requirements $2,500 PSD or Nonattainment Review/ Bubble Concept for (1) New Major Sources and Bubble Plans, or $10,000 (2) Major Modifications $5,000
3.4.c. Fees for each category requirement in Section 3.4.b. of this rule are cumulative.
W. Va. Code R. § 45-22-4 Certificate to Operate
4.1. Requirements.
4.1.a. No person may operate nor cause to operate a plant or stationary source of air pollution without first obtaining and having in effect a valid certificate to operate.
4.1.b. Any person in possession of a certificate to operate shall maintain the certificate on the premises for which the certificate has been issued and shall make the certificate immediately available for inspection by the Director or his duly authorized representative.
4.2. Transfer of Operating Certificate.
Any person holding a valid certificate to operate may request that the Director transfer the certificate to another person providing the following conditions are met:
4.2.a. The certificate holder describes, in writing, the reasons for or circumstances of the transfer and certifies that the plant for which the certificate pertains is in compliance with all permits issued by the Director and the Director's emission rules.
4.2.b. The transferee identifies and acknowledges, in writing, that it accepts and will comply with all permits issued by the Director and will comply with all applicable rules of the Director.
4.2.c. The certificate holder or transferee pays, at the time of the request for transfer, a transfer fee of two hundred dollars ($200) payable to the "Air Pollution Control Fund".
4.3. Fee Payment.
A person applying for a certificate to operate shall pay a fee to the Director in accordance with the fee schedule of Sections 4.4. and 4.5. of this rule. The fee shall be paid by negotiable instrument made payable to the "Air Pollution Control Fund".
4.4. Fee Schedule.
4.4.a. Fee Group 1 $10,000 Integrated Steel Plant Electric Utility Plant (rated 300 MW or greater)
Group 2 $8,000 Primary Aluminum Plant Furnace and Foundry Coke Production Plant Portland Cement Plant Kraft Pulp Mill Group 3 $5,000 Chemical Production Plant with Steam Plant(s) having total design heat input greater than 350 mmBtu/hr Hazardous Waste Incinerator Electric Utility Plant (rate less than 300 MW)
Group 4 $4,000 Petroleum Refinery Ferroalloy Production Plant Any source containing chemical processing units emitting one or more toxic air pollutants and subject to regulation under 45CSR27 for which a higher operating certificate fee is not applicable Group 5 $3,000 Chemical Production Plant (three process units or greater)
Primary Metals Plant (not otherwise listed)
Group 6 $2,000 Rocket Fuel Plant Chemical Production Plant (less than three process units)
Carbon Products Plant (not otherwise listed)
Petroleum Storage and Distribution Facility (greater than 20 million gal/yr gasoline throughput)
Glass Production Plant (total pull rate greater than 6,000 lb/hr)
Commercial/Industrial or Commercial Infectious Waste Disposal Facility Group 7 $1,000 Nonmetallic Mineral Products Processing Plant (500 ton/hr or greater primary crushing capacity)
Coil, Can or Sheet Coating Facility Coal Preparation Plant with Thermal Dryer Coal or other Solid Fuel-Fired Boilers or Process Equipment (total design heat input greater than 100 mmBtu/hr, excluding all boilers less than 10 mmBtu/hr design heat input)
Lead, Aluminum or Copper Recovery Plant Asphalt Building Product Plant Secondary Metals Plant (not otherwise listed)
Charcoal Plant Lime Manufacturing Plant Group 8 $500 Hot Mix Asphalt Paving Plant Wool Fiberglass Insulation Production Plant Sewage Sludge Incinerator Natural Gas Compressor Station (total reciprocating engine capacity greater than 1,000 h.p.)
Natural Gas Compressor Station (total turbine capacity greater than 8,000 h.p.)
Nonmetallic Minerals Processing Plant (primary crushing capacity greater than 100 tons/hr but less than 500 tons/hr)
Sulfuric Acid Manufacturing Plant Coal or other Solid Fuel-Fired Boilers or Process Fuel Burning Equipment with total design heat input greater than 50 mmBtu/hr but less than 100 mmBtu/hr, excluding all boilers less than 10 mmBtu/hr Refractory Manufacturing Plant Metal Reclamation Furnace (wire, electrical equipment, batteries)
Miscellaneous Surface Coating (not otherwise listed and greater than 100 tons/yr maximum emissions of volatile organic compounds)
Coal Preparation Plant (wet washing or pneumatic cleaning not otherwise listed)
Clay Processing/Brick Manufacturing Group 9 $200 On-site Pathological/Infectious Waste Incinerator Crematory Incinerator Other Glass Manufacturing Including Specialty Manufacturing Plastic Products Recovery Facility Miscellaneous Surface Coating (not otherwise listed and greater than 25 tons/yr maximum emissions of volatile organic compounds)
Tank Truck and Railroad Tank Car Cleaning/Repair Facility Metal or Ore Briquet Manufacturing/Recovery Facilities Gray Iron Foundry Coal Processing and Handling (not otherwise listed)
Nonmetallic Minerals Processing Plant (primary crusher capacity less than 100 tons/hr)
Natural Gas Sweetening Plant Printing Facility (emitting greater than 150 lbs/day of volatile organic compounds)
All other sources (excluding indirect affected sources) subject to emission rules, permit, and/or registration requirements promulgated by the Director
4.4.b. If a plant or source is described by more than one of the groups in Section 4.4.a. or contains individual emitting facilities listed under more than one of the groups in Section 4.4.a., only the single highest fee shall apply. For each stationary source, no person shall be required to pay more than one fee listed in Section 4.4.a.
4.4.c. A fee paid hereunder is not refundable.
4.5. Operating Year.
4.5.a. A certificate to operate shall be issued for the fiscal period July 1 through June 30 of each year or for any portion of such year remaining upon initial new source start-up.
4.5.b. For those persons making application after July 1 of the current operating year for a certificate to operate in the current operating year, such person shall pay a fee or prorated fee in accordance with the following schedule:
Month % of Fee July 100 August 100 September 100 October 100 November 100 December 100 January 90 February 80 March 70 April 60 May 50 June 50
4.6. Penalty.
Any person who operates a plant in violation of the requirements of Section 4 of this rule shall be subject to a penalty equal to five percent (5%) of the certificate to operate fee for each month of violation and payable to the Director in addition to the annual certificate fee. This penalty for delinquent payment is separate from and unrelated to any penalties assessed by a court or collected by the Director pursuant to W. Va. Code '22-5-6 for violations of the Code or the Director's rules.
W. Va. Code R. § 45-22-5 Collection
Any fee or penalty due under this rule is a debt due the State of West Virginia and may be collected pursuant to law.
45CSR22
Series 23 Control of Air Pollution from Municipal Solid Waste Landfills
W. Va. Code R. § 45-23-1 General
1.1. Scope. -- This rule establishes and adopts standards of performance pursuant to § 111(b) of the federal Clean Air Act (CAA) and implements the federal emission guidelines and compliance times pursuant to § 111(d) of the federal CAA for the control of certain designated pollutants from the following municipal solid waste landfill categories:
1.1.a. Municipal solid waste landfills subject to the emission guidelines and compliance times promulgated by the U.S. EPA under 40 CFR part 60, subpart Cc and set forth in section 6 of this rule;
1.1.b. Municipal solid waste landfills subject to the standards of performance promulgated by the U.S. EPA under 40 CFR part 60, subpart WWW and set forth in section 4 of this rule;
1.1.c. Municipal solid waste landfills subject to the emission guidelines and compliance times promulgated by the U.S. EPA under 40 CFR part 60, subpart Cf and set forth is section 7 of this rule; and
1.1.d. Municipal solid waste landfills that commenced construction, reconstruction or modification after July 17, 2014 are subject to the standards of performance promulgated by the U.S. EPA under 40 CFR part 60, subpart XXX and set forth in section 5 of this rule.
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. This rule codifies general procedures and criteria to implement a program of specific standards of performance, emission guidelines, and compliance times for municipal solid waste landfills.
1.7. Neither compliance with the provisions of this rule nor the absence of specific language to cover particular situations constitutes approval or implies consent or condonation of any emission that is released in any locality in such a manner or amount as to cause or contribute to statutory air pollution. Neither does it exempt nor excuse any person from complying with other applicable laws, ordinances, regulations or orders of governmental entities having jurisdiction over municipal solid waste landfills.
1.8. Incorporation by reference. -- Federal counterpart regulation. The Secretary has determined that a federal counterpart rule exists. In accordance with the Secretary’s recommendation, and with limited exception, this rule incorporates by reference, 40 CFR part 60 subpart XXX effective June 1, 2020.
W. Va. Code R. § 45-23-2 Definitions
2.1. “Administrator” means the Administrator of the United States Environmental Protection Agency or his or her designated representative.
2.2. “CFR” or “C.F.R.” means the Code of Federal Regulations.
2.3. “Clean Air Act” (“CAA”) means the federal Clean Air Act, as amended, 42 U.S.C. § 7401, et seq.
2.4. “Closed landfill” means a landfill into which solid waste is no longer being placed and into which no additional solid wastes will be placed without first filing a notification of modification as prescribed in 40 CFR § 60.7(a)(4) (incorporated by reference into state law at 45CSR16). Once the owner or operator has filed a notification of modification, and places additional solid waste in the landfill, the landfill is no longer closed.
2.5. “Closed landfill subcategory” means a closed landfill that has submitted a closure report on or before September 27, 2017, as specified in subdivision 7.9.f below
2.6. “Existing” means each municipal solid waste landfill that commenced construction, reconstruction or modification on or before July 17, 2014.
2.7. “Modification” means an increase in the permitted volume design capacity of the landfill by either lateral or vertical expansion based on its permitted design capacity as of July 17, 2014. Modification does not occur until the owner or operator commences construction on the lateral or vertical expansion.
2.8. “Municipal solid waste landfill” or “MSWL” means an entire disposal facility in a contiguous geographical space where household waste is placed in or on land. A MSWL may also receive other types of Resource Conservation and Recovery Act (RCRA) Subtitle D wastes (40 CFR ' 257.2), such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste. Portions of a MSWL may be separated by access roads. A MSWL may be publicly or privately owned. A MSWL may be a new MSWL, an existing MSWL, or a lateral expansion.
2.9. “Municipal solid waste landfill emissions” or “MSWL emissions” means gas generated by the decomposition of organic waste deposited in a MSWL or derived from the evolution of organic compounds in the waste.
2.10. “NMOC” (Non Methane Organic Compounds) means nonmethane organic compounds, as measured according to the provisions of subsection 7.6 below.
2.11. “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.
2.12. “Ppm” means parts per million.
2.13. “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.
2.14. “Treatment System” means a system that filters, de-waters, and compresses landfill gas for sale or beneficial use.
2.15. Other words and phrases used in this rule, unless otherwise indicated, shall have the meaning ascribed to them in 40 CFR part 60 subparts A, B, Ba, Cc, Cf, WWW and XXX as applicable. Words and phrases not defined therein shall have the meaning given to them in the federal Clean Air Act.
W. Va. Code R. § 45-23-3 Adoption of standards
3.1. The Secretary hereby adopts and incorporates by reference the definitions set forth in 40 CFR part 60, subparts B and Ba, and the standards of performance and definitions set forth in 40 CFR part 60, subpart XXX, including any applicable reference methods, performance specifications, and other test methods which are appended to these standards and contained in those subparts, effective June 1, 2020.
W. Va. Code R. § 45-23-4 Requirements for municipal solid waste landfills constructed, modified, or reconstructed on or after May 30, 1991 and before July 17, 2014
4.1. The owner or operator of a MSWL under subsection 4.2 below shall comply with all applicable standards of performance, requirements, and provisions of 40 CFR part 60, subpart Cf set forth in section 7 of this rule, including any reference methods, performance specifications, and other test methods. No person shall construct or operate a MSWL that results in a violation of this rule.
4.2. Applicability. The designated facility to which section 7 of this rule applies is each MSWL that:
4.2.a. Commenced construction on or after May 30, 1991 and before July 17, 2014; or
4.2.b. Commenced reconstruction or modification on or after May 30, 1991 and before July 17, 2014; and
4.2.c. Was previously subject to 40 CFR part 60, subpart WWW.
4.3. Each MSWL that was defined as “new” in the previous revision of 45CSR23 is defined as an “existing” MSWL.
W. Va. Code R. § 45-23-5 Requirements for new municipal solid waste landfills
5.1. The owner or operator of a new MSWL under subsection 5.2 below shall comply with all applicable standards of performance, requirements, and provisions of 40 CFR part 60 subpart XXX, including any reference methods, performance specifications, and other test methods associated with subpart XXX. No person shall construct or operate a new MSWL that results in a violation of 40 CFR part 60, subpart XXX or this rule.
5.2. Applicability. -- The owner or operator of a MSWL that meets the following criteria shall be subject to the requirements for a new MWSL set forth in section 3 above. A new MSWL is a MSWL that either:
5.2.a. Commenced construction after July 17, 2014; or
5.2.b. Commenced reconstruction or modification after July 17, 2014.
5.3. Physical or operational changes made to a MSWL solely to comply with 40 CFR part 60, subparts Cc, Cf, or WWW are not considered construction, reconstruction or modification for the purposes of applicability.
5.4. Activities required by or conducted pursuant to a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), or the West Virginia Voluntary Remediation and Redevelopment Act (VRRA) are not considered construction or modification for the purposes of applicability.
W. Va. Code R. § 45-23-6 Requirements for existing municipal solid waste landfills constructed, reconstructed, or modified before May 30, 1991
6.1. The owner or operator of a MSWL under subsection 6.2 below shall comply with all applicable standards of performance, requirements and provisions of 40 CFR part 60, subpart Cf, set forth in section 7 of this rule, including any reference methods, performance specifications, and other test methods. No person shall construct or operate a MSWL that results in a violation of this rule.
6.2. Applicability. The designated facility to which section 7 of this rule applies is each MSWL that:
6.2.a. Commenced construction before May 30, 1991; or
6.2.b. Commenced reconstruction or modification before May 30, 1991; or
6.2.c. Each MSWL that was subject to 40 CFR part 60, subpart Cc and the requirements of this rule.
W. Va. Code R. § 45-23-7 Requirements for existing municipal solid waste landfills
7.1. Requirements for existing MSWLs. -- The owner or operator of an existing MSWL under subsection 7.2 below shall comply with the applicable compliance times, requirements, and provisions of 40 CFR part 60 subpart Cf, set forth in section 7, including any reference methods, performance specifications, and other test methods. No person shall construct, reconstruct, modify or operate, or cause to be reconstructed, modified, or operated, an existing MSWL that results in a violation of this rule.
7.2. Applicability.
7.2.a. Each MSWL that commenced construction, reconstruction or modification before July 17, 2014 is subject to the requirements for an existing MSWL under section 7.
7.2.b. Physical or operational changes made to an existing MSWL solely to comply with the requirements of section 7 are not considered a modification or reconstruction.
7.2.c. Title V operating permits.
7.2.c.1. If the MSWL design capacity is less than 2.5 million megagrams or 2.5 million cubic meters, the owner or operator is not required to obtain an operating permit under 45CSR30 unless the MSWL is otherwise subject to 45CSR30.
7.2.c.2. If the MSWL design capacity is greater than 2.5 million megagrams or 2.5 million cubic meters, the owner or operator shall submit a timely and complete permit application in accordance with 45CS30 within one year of the effective date of this rule.
7.2.c.3. The owner or operator is not required to maintain an operating permit under 45CSR30 for the MSWL after it is closed, if the landfill is not otherwise subject to the requirements of 45CSR30 and if either of the following conditions are met:
7.2.c.3.A. The landfill was never required to install and operate a gas collection and control system under subdivision 7.4 below; or
7.2.c.3.B. The landfill meets the conditions for control system removal specified in subdivision 7.4.f below.
7.2.d. The owner or operator is not subject to the following reports when a MSWL is in the closed landfill subcategory, if the owner or operator submitted the reports under the provisions of 40 CFR part 60, subpart WWW, and 45CSR23 on or before July 17, 2014:
7.2.d.1. Initial design capacity report per subdivision 7.9.a.
7.2.d.2. Initial or subsequent NMOC emission rate report per subdivision 7.9.c, provided that the most recent NMOC emission rate report indicated the NMOC emissions were below 50 Mg/yr.
7.2.d.3. Collection and control system design plan per subdivision 7.9.d.
7.2.d.4. Closure report per subdivision 7.9.f.
7.2.d.5. Equipment removal report per subdivision 7.9.g.
7.2.d.6. Initial annual report per subdivision 7.9.h.
7.2.d.7. Initial performance test report per subdivision 7.9.i.
7.3. Compliance times. -- The owner or operator shall install and start up MSWL air emission collection and control equipment capable of meeting the requirements provided in subsection 7.4 no later than:
7.3.a. Thirty months after an NMOC emission rate report shows NMOC emissions are equal to or exceed 34 megagrams per year; or
7.3.b. Thirty months after an NMOC emission rate report shows NMOC emissions are equal to or exceed 50 megagrams per year for the closed landfill subcategory; or
7.3.c. Thirty months after the most recent NMOC emission rate report shows NMOC emissions are equal to or exceed 34 megagrams per year, if Tier 4 surface emissions monitoring shows a surface emission concentration of 500 ppm methane or greater; or
7.3.d. Thirty months after the most recent NMOC emission rate report shows NMOC emissions are equal to or exceed 50 megagrams per year for the closed landfill subcategory, if Tier 4 surface emissions monitoring shows a surface emission concentration of 500 ppm methane or greater.
7.4. Municipal solid waste landfill emissions requirements.
7.4.a. Each owner or operator of a MSWL with a design capacity greater than or equal to 2.5 million megagrams by mass and 2.5 million cubic meters by volume shall collect and control MSWL emissions at each MSWL that meet the following conditions:
7.4.a.1. The landfill accepted waste at any time after November 8, 1987, or the MSWL has additional design capacity available for future waste deposition;
7.4.a.2. The landfill commenced construction, reconstruction or modification before July 17, 2014;
7.4.a.3. The landfill has an NMOC emission rate greater than or equal to 34 megagrams per year, or Tier 4 surface emissions monitoring shows a surface emission concentration 500 ppm methane or greater; or
7.4.a.4. The landfill is in the closed landfill subcategory and has an NMOC emission rate greater than or equal to 50 megagrams per year, or Tier 4 surface emissions monitoring shows a surface emission concentration of 500 ppm methane or greater.
7.4.b. Collection system. -- For each MSWL that meets the criteria under subdivision 7.4.a, the gas collection and control system installation shall meet the requirements under paragraphs 7.4.b.1 through 7.4.b.3 and subdivision 7.4.c
7.4.b.1. The owner or operator shall install and start up a collection and control system that captures the gas generated within the landfill within 30 months after:
7.4.b.1.A. The first annual report in which the NMOC emission rate is equal to or exceeds 34 megagrams per year, unless Tier 2 or Tier 3 sampling demonstrates that the NMOC emission rate is less than 34 megagrams per year, per paragraph 7.9.d.4; or
7.4.b.1.B. The first annual NMOC emission rate report for a landfill in the closed landfill subcategory that the NMOC emission rate equals or exceeds 50 megagrams per year, unless Tier 2 or Tier 3 sampling demonstrates that the NMOC emission rate is less than 50 megagrams per year, per paragraph 7.9.d.4; or
7.4.b.1.C. The most recent NMOC emission rate report in which the NMOC emission rate equals or exceeds 34 megagrams per year based on Tier 2, if the Tier 4 surface emissions monitoring shows a surface methane emission concentration of 500 ppm methane or greater per subparagraph 7.9.d.4.C.
7.4.b.2. An active collection system shall:
7.4.b.2.A. Be designed to handle the maximum expected gas flow rate from the entire area of the landfill that warrants control over the intended use period of the gas control system equipment;
7.4.b.2.B. Collect gas from each area, cell or group of cells in the landfill in which the initial solid waste has been placed for a period of five years or more if active or two years or more if closed or at final grade;
7.4.b.2.C. Collect gas at a sufficient extraction rate; and
7.4.b.2.D. Be designed to minimize off-site migration of subsurface gas.
7.4.b.3. A passive collection system shall:
7.4.b.3.A. Comply with subparagraphs 7.4.b.2.A, 7.4.b.2.B, and 7.4.b.2.D.; and
7.4.b.3.B. Be installed with liners installed on the bottom and all sides in all areas in which gas will be collected, per 40 CFR § 258.40.
7.4.c. Control system. -- Control devices shall meet the following requirements, except as provided in 60 CFR § 60.24.
7.4.c.1. The owner or operator shall design and operate a non-enclosed flare according to the parameters established in 40 CFR § 60.18 and 45CSR16, except as noted in subdivision 7.8.d; or
7.4.c.2. The owner or operator shall design and operate each control system to reduce NMOC by 98 weight percent, or when an enclosed combustion device is used for control, either reduce NMOC by 98 weight percent or reduce the outlet NMOC concentration to less than 20 ppm by volume, dry basis as hexane at three percent (3%) oxygen or less. The reduction efficiency or concentration in ppm by volume shall be established by an initial performance test using the test methods set out in subdivision 7.6.d and shall be completed no later than 180 days after the initial startup of the approved control system. The performance test is not required for boilers and process heaters with design heat input capacities equal to or greater than 44 megawatts that burn landfill gas for compliance with section 7.
7.4.c.2.A. If a boiler or process heater is used as the control device, the landfill gas stream shall be introduced into the flame zone.
7.4.c.2.B. The control device shall be operated within the parameter ranges established during the initial or most recent performance test. The operating parameters to be monitored are specified in subsection 7.8.
7.4.c.2.C. For the closed landfill subcategory, the initial or most recent performance test to comply with section 4 or section 6 conducted on or before July 17, 2014 demonstrates compliance.
7.4.c.3. The owner or operator shall route the collected gas to a treatment system that processes the collected gas for subsequent sale or beneficial use, such as fuel for combustion, production of vehicle fuel, production of high-Btu gas for pipeline injection or use as a raw material in a chemical manufacturing process. Venting of treated landfill gas to the ambient air is not allowed. If the treated landfill gas cannot be routed for subsequent sale or beneficial use, then the treated landfill gas shall be controlled according to either paragraphs 7.4.c.1 or 7.4.c.2.
7.4.c.4. All emissions from any atmospheric vent from the gas treatment system are subject to the requirements of subdivisions 7.4.b or 7.4.c. Atmospheric vents located on the condensate storage tank are not part of the treatment system and are exempt from the requirements of subdivisions 7.4.b and 7.4.c.
7.4.d. Design capacity. -- Each owner or operator of an MSWL having a design capacity less than 2.5 million megagrams by mass or 2.5 million cubic meters by volume shall submit an initial design capacity report to the Secretary per subdivision 7.9.a. The owner or operator may calculate design capacity in either megagrams or cubic meters for comparison with the exemption values. The owner or operator shall document any density conversions and submit them with the report. Submittal of the initial design capacity report satisfies the requirements of section 7, except as provided in paragraphs 7.4.d.1 and 7.4.d.2.
7.4.d.1. The owner or operator shall submit an amended design capacity report if required by subdivision 7.9.b.
7.4.d.1.A. If the design capacity increase is the result of a modification that was commenced after July 17, 2014, then the landfill becomes a new MSWL subject to section 5.
7.4.d.1.B. If the design capacity increase is the result of a change in operating practices, density or some other change that is not a modification, then the landfill remains an existing MSWL subject to section 7.
7.4.d.2. The owner or operator shall comply with subdivision 7.4.e if there is an increase in the maximum design capacity of any MSWL with an initial design capacity less than 2.5 million megagrams or 2.5 million cubic meters that has a revised maximum design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters.
7.4.e. Emissions. -- Each owner or operator of a MSWL with a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters shall either install a collection and control system according to subdivisions 7.4.b and 7.4.c or calculate an initial NMOC emission rate for the landfill using the procedures specified in subdivision 7.6.a. The NMOC emission rate shall be recalculated annually except as provided in paragraph 7.9.c.3.
7.4.e.1. If the calculated NMOC emission rate is less than 34 megagrams per year, the owner or operator shall:
7.4.e.1.A. Submit an annual NMOC emission rate report per 7.9.c except as provided in 7.9.c.3; and
7.4.e.1.B. Recalculate the NMOC emission rate annually per subdivision 7.6.a until either the calculated NMOC emission rate is equal to or greater than 34 megagrams per year or the landfill is closed.
7.4.e.1.B.1. If the initial or annual calculated NMOC emission rate is equal to or greater than 34 megagrams per year, the owner or operator shall either: 7.4.e.1.B.1.(a) Comply with subdivisions 7.4.b and 7.4.c; 7.4.e.1.B.1.(b) Calculate NMOC emissions using the next higher tier in subsection 7.6; or 7.4.e.1.B.1.(c) Conduct a surface emission monitoring demonstration according to paragraph 7.6.a.11.
7.4.e.1.B.2. The owner or operator shall submit a closure report per subdivision 7.9.f if the landfill is permanently closed, except for the exemption allowed under paragraph 7.2.d.4.
7.4.e.1.B.3. If the most recently calculated NMOC emission rate is equal to or greater than 50 megagrams per year for the closed landfill subcategory, the owner or operator shall either: 7.4.e.1.B.3.(a) Submit a gas collection and control system design plan per subdivision 7.9.d, except for the exemptions allowed under paragraph 7.2.d.3, and install a collection and control system per subdivisions 7.4.b and 7.4.c; 7.4.e.1.B.3.(b) Calculate NMOC emissions using the next higher tier in section 7.6; or 7.4.e.1.B.3.(c) Conduct a surface emission monitoring demonstration according to the requirements of paragraph 7.6.a.11.
7.4.e.2. If the calculated NMOC emission rate is equal to or greater than 34 megagrams per year using Tier 1, 2 or 3 procedures, the owner or operator shall either:
7.4.e.2.A. Submit a collection and control system design plan prepared by a professional engineer to the Secretary within one year as required by subdivision 7.9.d, except for the exemption allowed under paragraph 7.2.d.3;
7.4.e.2.B. Calculate the NMOC emissions using a higher tier in subsection 7.6; or
7.4.e.2.C. Conduct a surface emission monitoring demonstration according to the requirements under paragraph 7.6.a.11.
7.4.e.3. For the closed landfill subcategory, if the calculated NMOC emission rate is equal to or greater than 50 megagrams per year using Tier 1, 2, or 3 procedures, the owner or operator shall either:
7.4.e.3.A. Submit a collection and control system design plan as required by subdivision 7.9.d, except for the exemption allowed under paragraph 7.2.d.3;
7.4.e.3.B. Calculate NMOC emissions using a higher tier in subsection 7.6; or
7.4.e.3.C. Conduct a surface emission monitoring demonstration according to the requirements under paragraph 7.6.a.11.
7.4.f. Removal criteria. -- The owner or operator may cap, remove or decommission the collection and control system if the following criteria are met:
7.4.f.1. The landfill is a closed landfill and a closure report was submitted to the Secretary per subdivision 7.9.f.;
7.4.f.2. The collection and control system has been in operation a minimum of 15 years, or the owner or operator can demonstrate that the gas collection and control system is unable to operate for 15 years due to declining gas flow;
7.4.f.3. The NMOC emission rate at the landfill is less than 34 megagrams per year on three successive test dates, calculated per subdivision 7.6.b. The test dates shall be a minimum of 90 days apart and a maximum of 180 days apart; and
7.4.f.4. The NMOC emission rate for the closed landfill subcategory is less than 50 megagrams per year on three successive test dates, as calculated per subdivision 7.6.b. The test dates shall be a minimum of 90 days apart and a maximum of 180 days apart.
7.5. Collection and control systems requirements.
7.5.a. Specifications for active collection systems.
7.5.a.1. To comply with subdivision 7.4.b, the owner or operator shall site active collection wells, horizontal collectors, surface collectors or other extraction devices at a sufficient density throughout all gas producing areas using the following procedures, unless the Secretary has approved alternative procedures.
7.5.a.1.A. A professional engineer shall certify interior collection devices to achieve comprehensive control of surface gas emissions. The following factors shall be addressed in the design:
7.5.a.1.A.1. Depths of refuse;
7.5.a.1.A.2. Refuse gas generation rates and flow characteristics;
7.5.a.1.A.3. Cover properties;
7.5.a.1.A.4. Gas system expandability;
7.5.a.1.A.5. Leachate and condensate management;
7.5.a.1.A.6. Accessibility;
7.5.a.1.A.7. Compatibility with filling operations;
7.5.a.1.A.8. Integration with closure end use;
7.5.a.1.A.9. Air intrusion control;
7.5.a.1.A.10. Corrosion resistance;
7.5.a.1.A.11. Fill settlement;
7.5.a.1.A.12. Resistance to the refuse decomposition heat; and
7.5.a.1.A.13. Ability to isolate individual components or sections for repair or troubleshooting without shutting down the entire collection system.
7.5.a.1.B. The sufficient density of gas collection devices determined in paragraph 7.5.a.1 shall address landfill gas migration issues and augmentation of the collection system through the use of active or passive systems at the landfill perimeter or exterior.
7.5.a.1.C. The placement of gas collection devices shall control all gas producing areas, except as provided by paragraphs 7.5.a.1.C.1 and 7.5.a.1.C.2.
7.5.a.1.C.1. Any segregated area of asbestos or nondegradable material may be excluded from collection if documented per subdivision 7.10.d. The documentation shall provide the nature, date of deposition, location, and amount of asbestos or nondegradable material deposited in the area and shall be provided to the Secretary upon request.
7.5.a.1.C.2. Any nonproductive area of the landfill may be excluded from control, provided that the owner or operator demonstrates that the total of all excluded areas contributes less than one percent (1%) of the total amount of NMOC emissions from the landfill. The owner or operator shall document the amount, location, and age of the material and provide that information to the Secretary upon the Secretary’s request. The owner or operator shall make a separate NMOC emissions estimate for each section proposed for exclusion and shall compare the sum of all such sections to the NMOC emissions estimate for the entire landfill. 7.5.a.1.C.2.(a). The NMOC emissions from each section proposed for exclusion shall be calculated using Equation 1:
Qi = 2kLoMi(e-kti)(CNMOC)(3.6 x 10-9) Equation 1 Qi = NMOC emission rate from the ith section, megagrams per year. k = Methane generation rate constant, year -1.
Lo, = Methane generation potential, cubic meters per megagram solid waste.
Mi= Mass of the degradable solid waste in the ith section, megagram. ti= Age of the solid waste in the section, years.
CNMOC = Concentration of NMOC, ppm by volume. 3.6x10-9 = Conversion factor. 7.5.a.1.C.2.(b). If the owner or operator proposes to exclude or cease gas collection and control from nonproductive, physically separated (e.g., separately lined), closed areas that already have gas collection systems, the owner or operator shall calculate NMOC emissions from each physically separated closed area using either Equation 4 in subsection 7.6 or Equation 1.
7.5.a.1.C.3. The owner or operator shall use the values for k and CNMOC determined by field testing if the owner or operator performed field testing to determine the NMOC emission rate or the radii of influence (the distance from the well center to a point in the landfill where the pressure gradient applied by the blower or compressor approaches zero). If the owner or operator did not perform field testing, the owner or operator shall use the default values for k, Lo, and CNMOC provided in subsection 7.6 or the alternative values from subsection 7.6. The owner or operator may subtract the mass of nondegradable solid waste contained within the given section from the total mass of the section when estimating emissions, provided that the owner or operator documents the nature, location, age, and amount of the nondegradable material per subparagraph 7.5.a.1.C.1.
7.5.a.2. To comply with subdivision 7.4.b, the owner or operator shall construct the gas collection devices using the following equipment or procedures:
7.5.a.2.A. The owner or operator shall construct the landfill gas extraction components of polyvinyl chloride (PVC), high density polyethylene (HDPE) pipe, fiberglass, stainless steel or other nonporous corrosion resistant material of suitable dimensions to:
7.5.a.2.A.1. Convey projected amounts of gases;
7.5.a.2.A.2. Withstand installation, static, and settlement forces; and
7.5.a.2.A.3. Withstand planned overburden or traffic loads.
7.5.a.2.A.4. The collection system shall extend as necessary to comply with emission and migration standards.
7.5.a.2.A.5. The collection devices such as wells and horizontal collectors shall be perforated to allow gas entry without head loss sufficient to impair performance across the intended extent of control. The perforations shall be situated to prevent excessive air infiltration.
7.5.a.2.B. Vertical wells shall: 7.5.a.2.B.1 Be placed to avoid endangering underlying liners; and
7.5.a.2.B.2. Shall address the occurrence of water within the landfill.
7.5.a.2.C. Holes and trenches constructed for piped wells and horizontal collectors shall be a sufficient cross-section to allow for their proper construction and completion including, for example, centering of pipes and placement of gravel backfill.
7.5.a.2.D. Collection devices shall be designed to prohibit indirect short circuiting of air into the cover or refuse into the collection system or gas into the air.
7.5.a.2.E. The dimension of any gravel used around pipe perforations shall be sized not to penetrate or block the perforations.
7.5.a.2.F. Collection devices may be connected to the collection header pipes below or above the landfill surface.
7.5.a.2.F.1. The connector assembly surface emission monitor shall include a positive closing throttle valve, any necessary seals and couplings, access couplings, and at least one sampling port.
7.5.a.2.F.2. The collection devices shall be constructed of PVC, HDPE, fiberglass, stainless steel or other nonporous material of suitable thickness to prevent discharge.
7.5.a.3. To comply with subdivision 7.4.c, the owner or operator shall convey the landfill gas through header piping to a control system in compliance with subdivision 7.4.c. The gas mover equipment shall be sized to handle the maximum gas generation flow rate expected over the intended use period of the gas moving equipment and shall meet the following requirements:
7.5.a.3.A. For existing collection systems, the flow data shall be used to project the maximum flow rate. If flow data does not exist, follow the requirements in subparagraph 7.5.a.3.B.
7.5.a.3.B. For new collection systems, the maximum flow rate shall comply with paragraph 7.7.a.1.
7.5.b. Operational standards for collection and control systems. -- Each owner or operator shall comply with the operational standards in subdivision 7.5.b and the requirements of subsections 7.7 and 7.8; or the operational standards from 40 CFR 63, subpart AAAA provided in 40 CFR § 63.1958 as well as the provisions in 40 CFR §§ 63.1960 and 63.1961; or both sets of requirements as an alternative means of compliance, for an MSWL with a gas collection and control system used to comply with subdivisions 7.4.b and 7.4.c. Once the owner or operator begins to comply with the provisions of 40 CFR § 63.1958, the owner or operator shall continue to operate the collection and control device according to those provisions and cannot return to the requirements of this subdivision. Each owner or operator of an MSWL with a gas collection and control system used to comply with subdivisions 7.4.b and 7.4.c shall:
7.5.b.1. Operate the collection system such that gas is collected from each area, cell or group of cells in the MSWL that solid waste has been in place for:
7.5.b.1.A. Five years or more if active; or
7.5.b.1.B. Two years or more if closed or at final grade.
7.5.b.2. Operate the collection system with negative pressure at each wellhead except under the following conditions:
7.5.b.2.A. A fire or increased well temperature. The owner or operator shall record instances when positive pressure occurs in efforts to avoid a fire. The owner or operator shall submit these records with the annual reports per subdivision 7.9.h.
7.5.b.2.B. Use of a geomembrane or synthetic cover. The owner or operator shall develop acceptable pressure limits in the design plan to meet the requirements of subdivision 7.9.d.
7.5.b.2.C. A decommissioned well. A well may experience a static positive pressure after shut down to accommodate for declining flows. The owner or operator shall obtain approval from the Secretary for all design changes per subdivision 7.9.d.
7.5.b.3. The owner or operator shall operate each interior wellhead in the collection system with a landfill gas temperature less than 55 degrees Centigrade (131 degrees Fahrenheit). The owner or operator may establish a higher value operating temperature at a particular well if the owner or operator satisfies all criteria below:
7.5.b.3.a. The owner or operator shall submit a higher operating value demonstration to the Secretary; and
7.5.b.3.b. The supporting data shall demonstrate that the elevated parameter neither causes fires nor significantly inhibits anaerobic decomposition by killing methanogens; and
7.5.b.3.c. The Secretary approved the higher value operating temperature.
7.5.b.4. The owner or operator shall operate the collection system to maintain the methane concentration below 500 ppm above the background at the landfill surface. To determine if this level is exceeded, the owner or operator shall:
7.5.b.4.A. Conduct surface testing using an organic vapor analyzer, flame ionization detector or other portable monitor meeting the specifications in subdivision 7.7.d;
7.5.b.4.B. Conduct surface testing around the perimeter of the collection area and along a pattern that traverses the landfill at no more than 30-meter intervals and where visual observations indicate elevated concentrations of landfill gas, such as distressed vegetation and cracks or seeps in the cover and all cover penetrations;
7.5.b.4.C. Monitor any openings that are within an area of the landfill where waste has been placed and a gas collection system is required; and
7.5.b.4.D. Develop a surface monitoring design plan that includes a topographical map with the monitoring route and the rationale for any site-specific deviations from the 30-meter intervals.
7.5.b.4.E. To determine if the level established in paragraph 7.5.b.4 is exceeded, the owner or operator may:
7.5.b.4.E.1. Establish an alternative traversing pattern that ensures equivalent coverage.; and
7.5.b.4.E.2. Exclude from the surface testing areas with steep slopes or other dangerous areas.
7.5.b.5. Vent all collected gases to a control system designed and operated in compliance with subdivision 7.4.c. In the event the collection or control system stops operating, the owner or operator shall:
7.5.b.5.A. Shut down the gas mover system; and
7.5.b.5.B. Close all valves in the collection and control system contributing to venting of the gas to the atmosphere within one hour of the collection or control system not operating.
7.5.b.6. Operate the control system at all times when the collected gas is routed to the system.
7.5.b.7. Take corrective action as specified in paragraphs 7.7.a.3 and 7.7.a.4 or subdivision 7.7.c if monitoring demonstrates that the operational requirements in paragraphs 7.5.b.2, 7.5.b.3, or 7.5.b.4 are not satisfied. If the owner or operator takes corrective actions per subsection 7.7, the Secretary shall not consider the monitored exceedance a violation of the operational requirements in this section.
7.6. Testing requirements.
7.6.a. NMOC emission rate:
7.6.a.1. The owner or operator shall calculate the NMOC emission rate using either Equation 2 or Equation 3 below:
7.6.a.2. The owner or operator may use both Equation 2 and Equation 3 if:
7.6.a.2.A. The owner or operator knows the actual year-to-year solid waste acceptance rate for part of the life of the landfill; or
7.6.a.2.B. The owner or operator does not know the actual year-to-year solid waste acceptance rate for part of the life of the landfill.
7.6.a.3. The owner or operator shall use the following values in both Equation 2 and Equation 3:
7.6.a.3.A. k is 0.05 per year,
7.6.a.3.B. Lo is 170 cubic meters per megagram, and
7.6.a.3.C. CNMOC is 4,000 ppm by volume as hexane.
7.6.a.3.D. If the landfill is located in geographical areas with a 30-year annual average precipitation of less than 25 inches, as measured at the nearest representative official meteorological site, the k value is 0.02 per year.
7.6.a.4. The owner or operator shall use Equation 2 if the actual year-to-year solid waste acceptance rate is known. When calculating the value for Mi, the owner or operator may subtract the mass of nondegradable solid waste from the total mass of solid waste in a particular section of the landfill, if the owner or operator maintains documentation of the nature and amount of such wastes.
MNMOC = Total NMOC emission rate from the landfill, megagrams per year. k = Methane generation rate constant, year -1.
Lo = Methane generation potential, cubic meters per megagram solid waste.
Mi = Mass of solid waste in the ith section, megagrams. ti = Age of the ith section, years.
CNMOC = Concentration of NMOC, ppm by volume as hexane. 3.6 × 10-9 = Conversion factor.
7.6.a.5. The owner or operator shall use Equation 3 if the actual year-to-year solid waste acceptance rate is unknown. When calculating the value of R, the owner or operator may subtract the mass of nondegradable solid waste from the total mass of solid waste in a particular section of the landfill, if the owner or operator maintains documentation of the nature and amount of such wastes.
MNMOC = Mass emission rate of NMOC, megagrams per year.
Lo = Methane generation potential, cubic meters per megagram solid waste.
R = Average annual acceptance rate, megagrams per year. k = Methane generation rate constant, year -1. t = Age of landfill, years.
CNMOC = Concentration of NMOC, ppm by volume as hexane. c = Time since closure, years; for an active landfill c = 0 and e-kc = 1. 3.6 × 10-9 = Conversion factor.
7.6.a.6. Tier 1 procedures. -- The owner or operator shall compare the calculated NMOC mass emission rate to the standard of 34 megagrams per year:
7.6.a.6.A. If the owner or operator calculates the NMOC emission rate by the methods specified in paragraphs 7.6.a.1 through 7.6.a.3 and it is less than 34 megagrams per year, then the owner or operator shall submit an NMOC emission rate report according to subdivision 7.9.c below and shall recalculate the NMOC mass emission rate annually as required by subdivision 7.4.e.
7.6.a.6.B. If the owner or operator calculates the NMOC emission rate by the methods specified in paragraphs 7.6.a.1 through 7.6.a.3 and it is equal to or greater than 34 megagrams per year, then the owner or operator shall either:
7.6.a.6.B.1. Submit a gas collection and control system design plan within one year as specified in subdivision 7.9.d and install and operate a gas collection and control system within 30 months according to subdivisions 7.4.b and 7.4.c; or
7.6.a.6.B.2. Determine a site-specific NMOC concentration and recalculate the NMOC emission rate using the Tier 2 procedures in paragraph 7.6.a.7; or
7.6.a.6.B.3. Determine a site-specific methane generation rate constant and recalculate the NMOC emission rate using the Tier 3 procedures in paragraph 7.6.a.9.
7.6.a.7. Tier 2 procedures. -- NMOC calculation. The owner or operator shall determine the site-specific NMOC concentration using the following sampling procedure:
7.6.a.7.A. Install a minimum of two sample probes per hectare, evenly distributed over the landfill surface that has retained waste for at least two years;
7.6.a.7.B. If the landfill is larger than 25 hectares in area, the owner or operator is required to take only 50 samples, with the probes evenly distributed across the sample area;
7.6.a.7.C. The owner or operator should locate the sample probes so as to avoid known areas of nondegradable solid waste;
7.6.a.7.D. The owner or operator shall collect and analyze one sample of landfill gas from each probe to determine the NMOC concentration using Method 25 or 25C of 40 CFR part 60, Appendix A and 45CSR16;
7.6.a.7.E. The owner or operator may take composite samples from different probes into a single cylinder: provided, that the owner or operator takes equal sample volumes from each probe and:
7.6.a.7.E.1. The owner or operator shall record the sampling rate, collection times, beginning and ending cylinder vacuums or alternative volume measurements for each composite to verify that composite volumes are equal;
7.6.a.7.E.2. Composite sample volumes should not be less than one liter unless the owner or operator can provide evidence to substantiate the accuracy of smaller volumes; and
7.6.a.7.E.3. The owner or operator shall terminate compositing before the cylinder approaches ambient pressure when the measurement accuracy diminishes.
7.6.a.7.F. If the owner or operator takes more than the required number of samples, the owner or operator shall use all samples in the analysis.
7.6.a.7.G. The owner or operator shall divide the NMOC concentration from Method 25 or 25C by six to convert from CNMOC as carbon to CNMOC as hexane.
7.6.a.7.H. If the landfill has an active or passive gas removal system in place, the owner or operator may collect Method 25 or 25C samples from these systems instead of surface probes: provided, that the owner or operator can demonstrate that the removal system sampling is as representative as the two sampling probes per hectare requirement of subparagraph 7.6.a.7.A.
7.6.a.7.I. If the landfill has active collection systems, the owner or operator may collect samples from the common header pipe according to the following:
7.6.a.7.I.1. The owner or operator shall use a sample location upstream from any gas moving, condensate removal or treatment system equipment; and
7.6.a.7.I.2. The owner or operator shall collect a minimum of three samples.
7.6.a.8. Tier 2 procedures.
7.6.a.8.A. The owner or operator shall submit the NMOC concentration results and the NMOC mass emission rate per paragraph 7.9.j.2 within 60 days from the date the owner or operator determined the NMOC concentration and corresponding NMOC emission rate.
7.6.a.8.B. The owner or operator shall recalculate the NMOC mass emission rate using Equation 2 or Equation 3 using the average site-specific NMOC concentration from the collected samples instead of the default value provided in paragraph 7.6.a.3.
7.6.a.8.C. If the resulting NMOC mass emission rate is less than 34 megagrams per year, the owner or operator shall submit an estimate of NMOC emissions in the NMOC emission rate report according to subdivision 7.9.c and shall recalculate the NMOC mass emission rate annually per subdivision 7.4.e. The owner or operator shall retest the site-specific NMOC concentration every five years using the methods specified in subsection 7.6.
7.6.a.8.D. If the owner or operator calculates the NMOC mass emission rate using the Tier 2 site-specific NMOC concentration and it is equal to or greater than 34 megagrams per year, the owner or operator shall either:
7.6.a.8.D.1. Submit a gas collection and control system design plan within one year per subdivision 7.9.d and install and operate a gas collection and control system within 30 months per subdivisions 7.4.b and 7.4.c;
7.6.a.8.D.2. Determine a site-specific methane generation rate constant and recalculate the NMOC emission rate using the site-specific methane generation rate using the Tier 3 procedures specified in paragraph 7.6.a.9; and
7.6.a.8.D.3. Conduct a surface emission monitoring demonstration using the Tier 4 procedures specified in paragraph 7.6.a.11.
7.6.a.9. Tier 3 procedures. -- Site-specific methane generation rate constant. The owner or operator shall:
7.6.a.9.A. Determine the site-specific methane generation rate constant using the procedures in Method 2E of 40 CFR part 60, Appendix A and 45CSR16;
7.6.a.9.B. Estimate the NMOC mass emission rate using Equation 2 or Equation 3 with the site-specific methane generation rate constant and the site-specific NMOC concentration as determined in paragraph 7.6.a.7;
7.6.a.9.C. Compare the resulting NMOC mass emission rate to the standard of 34 megagrams per year;
7.6.a.9.D. If the NMOC mass emission rate calculated using the Tier 2 site-specific NMOC concentration and the Tier 3 site-specific methane generation rate is equal to or greater than 34 megagrams per year, either:
7.6.a.9.D.1. Submit a gas collection and control system design plan within one year as per subdivision 7.9.d and install and operate a gas collection and control system within 30 months according to subdivisions 7.4.b and 7.4.c; or
7.6.a.9.D.2. Conduct a surface emission monitoring demonstration using the Tier 4 procedures specified in paragraph 7.6.a.11.
7.6.a.9.E. If the NMOC mass emission rate is less than 34 megagrams per year, the owner or operator shall:
7.6.a.9.E.1. Recalculate the NMOC mass emission rate annually using Equation 2 or Equation 3, using the site-specific Tier 2 NMOC concentration and the Tier 3 methane generation rate constant; and
7.6.a.9.E.2. Submit the NMOC emission rate report per subdivision 7.9.c.
7.6.a.9.F. Use the value obtained for the methane generation rate constant in all subsequent annual NMOC emission rate calculations. The methane generation rate constant is calculated only once.
7.6.a.10. Other methods. -- The owner or operator may use other methods to determine the NMOC concentration or a site-specific methane generation rate constant as an alternative to the methods required by paragraphs 7.6.a.3 and 7.6.a.4 if the Administrator approved the method in advance.
7.6.a.11. Tier 4 procedures. -- Surface emission monitoring demonstration.
7.6.a.11.A. Applicability. The owner or operator shall only use Tier 4 procedures if the owner or operator can demonstrate the following for the unit:
7.6.a.11.A.1. Surface methane emissions are below 500 ppm;
7.6.a.11.A.2. NMOC emissions are greater than or equal to 34 Mg/yr but less than 50 Mg/yr using Tier 1 or Tier 2 procedures;
7.6.a.11.A.3. The landfill meets the requirements of subparagraph 7.6.a.11.J below; and
7.6.a.11.A.4. NMOC emissions are less than 50Mg/yr as indicated by both Tier 1 and Tier 2; if NMOC emissions are greater than 50Mg/yr, the owner or operator shall not use Tier 4.
7.6.a.11.B. The owner or operator shall conduct surface emission monitoring quarterly according to the requirements in paragraph 7.6.a.11.
7.6.a.11.C. The owner or operator shall measure methane surface concentrations using an organic vapor analyzer, flame ionization detector or other portable monitor that meets the requirements of subdivision 7.7.d along the entire perimeter of the landfill and along a pattern that traverses the landfill at less than 30 meter intervals.
7.6.a.11.D. The owner or operator shall determine the background concentration by moving the probe inlet upwind and downwind at least 30 meters from the waste mass boundary of the landfill.
7.6.a.11.E. The owner or operator shall perform surface emission monitoring per section 8.3.1 of Method 21 of 40 CFR part 60, Appendix A and 45CSR16, except that the probe inlet shall be placed no more than five centimeters above the landfill surface and measured with a mechanical device such as a wheel on a pole.
7.6.a.11.E.1. The owner or operator shall use a wind barrier, similar to a funnel, when onsite average wind speed exceeds four miles per hour or two meters per second or gusts exceeding ten miles per hour. The owner or operator shall also determine average on-site wind speed in an open area at five-minute intervals using an on-site anemometer with a continuous recorder and data logger for the entire duration of the monitoring event. The wind barrier shall surround the surface emission monitor and shall be placed on the ground to ensure wind turbulence is blocked. The owner or operator shall not conduct surface emission monitoring if average wind speed exceeds 25 miles per hour.
7.6.a.11.E.2. The owner or operator shall monitor landfill surface areas using a device that meets the specifications of subdivision 7.7.d where visual observations indicate elevated concentrations of landfill gas, such as distressed vegetation and cracks or seeps in the cover, and all cover penetrations.
7.6.a.11.F. The owner or operator shall maintain records of surface emission monitoring per subdivision 7.10.g and submit a Tier 4 surface emissions report per subparagraph 7.9.d.4.C.
7.6.a.11.G. The owner or operator shall submit a gas collection and control system design plan if there is any measured methane 500 ppm or greater from the surface of the landfill within one year of the first measured methane concentration of 500 ppm or greater from the surface of the landfill according to subdivision 7.9.d. The owner or operator shall install and operate a gas collection and control system according to subdivisions 7.4.b and 7.4.c within 30 months of the most recent NMOC emission rate report in which the NMOC emission rate equals or exceeds 34 megagrams per year based on Tier 2 requirements.
7.6.a.11.H. After four consecutive quarterly monitoring periods at a landfill, other than a closed landfill, if there is no measured methane concentration of 500 ppm or greater from the landfill surface, the owner or operator shall continue quarterly surface emission monitoring per Tier 4 requirements.
7.6.a.11.I. After four consecutive quarterly monitoring periods at a closed landfill, if there is no measured methane concentration of 500 ppm or greater from the landfill surface, the owner or operator shall conduct annual surface emission monitoring using the Tier 4 methods.
7.6.a.11.J. If the owner or operator installed and operated a collection and control system that is not required by section 7, then the collection and control system shall meet the following criteria:
7.6.a.11.J.1. Preceding the Tier 4 surface emissions monitoring demonstration, the gas collection and control system shall have operated for a minimum 6,570 out of 8,760 hours; and
7.6.a.11.J.2. During the Tier 4 surface emissions monitoring demonstration, the gas collection and control system shall operate as it would normally to collect and control as much landfill gas as possible.
7.6.b. The owner or operator shall calculate the NMOC emission rate after the installation and startup of a collection and control system to determine when the system can be capped, removed or decommissioned per subdivision 7.4.f, using Equation 4:
MNMOC = Mass emission rate of NMOC, megagrams per year.
QLFG = Flow rate of landfill gas, cubic meters per minute.
CNMOC = NMOC concentration, ppm by volume as hexane.
7.6.b.1. The owner or operator shall determine the flow rate of landfill gas, QLFG, by measuring the total landfill gas flow rate at the common header pipe leading to the control system using a gas flow measuring device calibrated per section 10 of Method 2E of 40 CFR part 60, Appendix A and 45CSR16.
7.6.b.2. The owner or operator shall determine the average NMOC concentration, CNMOC, by collecting and analyzing landfill gas sampled from the common header pipe prior to the gas moving or condensate removal equipment per Method 25 or 25C of 40 CFR part 60, Appendix A and 45CSR16. The sample location on the common header pipe shall be prior to any condensate removal or other gas refining units. The owner or operator shall divide the NMOC concentration from Method 25 or 25C by six to convert from CNMOC as carbon to CNMOC as hexane.
7.6.b.3. The owner or operator may use another method to determine:
7.6.b.3.A. Landfill gas flow rate if the owner or operator received prior approval for the alternate method by the Administrator; and
7.6.b.3.B. NMOC concentration if the owner or operator received prior approval for the alternate method by the Administrator.
7.6.b.4. The owner or operator shall submit the results from Equation 4 within 60 days after the date of calculating the NMOC emission rate per paragraph 7.9.j.2.
7.6.c. When calculating emissions for Prevention of Significant Deterioration purposes, the owner or operator shall estimate the NMOC emission rate for comparison to the Prevention of Significant Deterioration major source and significance levels in 45CSR14 using the Compilation of Air Pollutant Emission Factors, Volume I: Stationary Point and Area Sources (AP-42) or other approved measurement procedures.
7.6.d. For the performance test required by paragraph 7.4.c.2, the owner or operator shall calculate the net heating value of the combusted landfill gas as determined in 40 CFR § 60.18(f)(3) and 45CSR16 from the methane concentration in the landfill gas as measured by Method 3C of 40 CFR part 60, Appendix A and 45CSR16. The owner or operator shall take a minimum of three 30-minute Method 3C samples, but need not take the measurement of other organic components, hydrogen, and carbon monoxide. The owner or operator may use Method 3C determine the landfill gas molecular weight for calculating the flare gas exit velocity under 40 CFR § 60.18(f)(4).
7.6.e. For the performance test required by paragraph 7.4.c.2, the owner or operator shall use Method 25 or 25C (the owner or operator may use Method 25C at the inlet only) of 40 CFR part 60, Appendix A and 45CSR16 to determine compliance with the 98 weight-percent efficiency or the 20 ppm by volume outlet NMOC concentration level, unless the owner or operator received prior approval by the Administrator for an alternative method per paragraph 7.9.d.2. The owner or operator shall use Method 3, 3A or 3C to determine oxygen for correcting the NMOC concentration as hexane to three percent. In cases where the outlet concentration is less than 50 ppm NMOC as carbon (eight ppm NMOC as hexane), the owner or operator shall use Method 25A in place of Method 25. The owner or operator may use Method 18 in conjunction with Method 25A on a limited basis (compound specific, e.g., methane) or Method 3C to determine methane. The owner or operator shall subtract methane as carbon from the Method 25A total hydrocarbon value as carbon to give NMOC concentration as carbon. The owner or operator shall divide the NMOC concentration as carbon by six to convert the CNMOC as carbon to CNMOC as hexane. The owner or operator shall use Equation 5 to calculate efficiency:
NMOCin = Mass of NMOC entering control device.
NMOCout= Mass of NMOC exiting control device.
7.6.f. Within 60 days after the date of completing each performance test according to subdivisions 7.6.d and 7.6.e, the owner or operator shall submit the performance test results required by subdivision 7.6.b or 7.6.d, including any associated fuel analyses per paragraph 7.9.j.1.
7.7. Compliance requirements. Each owner or operator shall comply with the compliance requirements in subsection 7.7 and the requirements in subdivision 7.5.b and subsection 7.8; or the compliance provisions from 40 CFR 63, subpart AAAA provided in 40 CFR § 63.1960, as well as the provisions in 40 CFR §§ 63.1958 and 63.1961; or both sets of requirements as an alternative means of compliance, for an MSWL with a gas collection and control system used to comply with subdivisions 7.4.b and 7.4.c. Once the owner or operator begins to comply with the provisions of 40 CFR § 63.1960, the owner or operator shall continue to operate the collection and control device according to those provisions and cannot return to the requirements of this subsection.
7.7.a. The owner or operator shall use the specified methods in paragraphs 7.7.a.1 through 7.7.a.6, except as provided in paragraph 7.9.d.2, to determine whether the gas collection system is in compliance with paragraph 7.4.b.2.
7.7.a.1. To determine compliance with subparagraph 7.4.b.2.A, the owner or operator shall use either Equation 6 or Equation 7 to calculate the maximum expected gas generation flow rate from the landfill. The owner or operator shall use the methane generation rate constant (k) and methane generation potential (Lo) kinetic factors published in the most recent AP-42 or other site-specific values the owner or operator has demonstrated to be appropriate and that the Secretary has approved. The owner or operator shall use the value of k determined from the test if k was determined as specified in paragraph 7.6.a.9. The owner or operator shall use a value of no more than 15 years for the intended use period of the gas mover equipment. The active life of the landfill is the age of the landfill plus the estimated number of years until closure.
7.7.a.1.A. For sites with unknown year-to-year solid waste acceptance rate:
Qm = Maximum expected gas generation flow rate, cubic meters per year.
Lo = Methane generation potential, cubic meters per megagram solid waste.
R = Average annual acceptance rate, megagrams per year. k = Methane generation rate constant, year-1. t = Age of the landfill at equipment installation plus the time the owner or operator intends to use the gas mover equipment or active life of the landfill, whichever is less. If the equipment is installed after closure, t is the age of the landfill at installation, years. c = Time since closure, years (for an active landfill c = 0 and e-kc =1).
7.7.a.1.B. For sites with known year-to-year solid waste acceptance rate:
Qm = Maximum expected gas generation flow rate, cubic meters per year. k = Methane generation rate constant, year-1.
Lo, = Methane generation potential, cubic meters per megagram solid waste.
Mi= Mass of solid waste in the ith section, megagrams. ti= Age of the ith section, years.
7.7.a.1.C. The owner or operator may use the actual flow data to project the maximum expected gas generation flow rate instead of, or in conjunction with, Equation 6 or Equation 7 if the owner or operator installed a collection and control system. If the landfill is still accepting waste, the actual measured flow data will not equal the maximum expected gas generation rate, so the owner or operator shall use calculations using Equation 6 or Equation 7 or other methods to predict the maximum expected gas generation rate over the intended period of use of the gas control system equipment.
7.7.a.2. To demonstrate compliance with subparagraph 7.4.b.2.B determining the sufficient density of gas collectors, the owner or operator shall design a system of vertical wells, horizontal collectors or other collection devices satisfactory to the Secretary that is capable of controlling and extracting gas from all portions of the landfill sufficient to meet all operational and performance standards.
7.7.a.3. To demonstrate compliance with subparagraph 7.4.b.2.C, the owner or operator shall measure gauge pressure in the gas collection header applied to each individual well monthly to determine whether the gas collection system flow rate is sufficient. If a positive pressure exists, the owner or operator shall initiate action to correct the exceedance within five calendar days, except for the three conditions allowed under subdivision 7.5.b.2 below. The owner or operator shall not cause exceedances of other operational or performance standards by use of any attempted corrective measure.
7.7.a.3.A. If negative pressure cannot be achieved without excess air infiltration within 15 calendar days of the first measurement of positive pressure, the owner or operator shall conduct a root cause analysis and correct the exceedance as soon as practicable, but not later than 60 days after the first measure of positive pressure. The owner or operator shall keep records per paragraph 7.10.e.3 below.
7.7.a.3.B. If the owner or operator cannot fully implement corrective actions within 60 days following the positive pressure or elevated temperature measurement for which the root cause analysis was required, the owner or operator shall conduct a corrective action analysis and develop an implementation schedule to complete the corrective action(s) as soon as practicable, but no more than 120 days following the measurement of landfill gas temperature greater than 55 degrees Celsius (131 degrees Fahrenheit) or positive pressure measurement. The owner or operator shall keep records per paragraph 7.10.e.4 below and submit the items required by paragraph 7.9.h.7 in the next annual report.
7.7.a.3.C. If the owner or operator expects corrective action to take longer than 120 days after the initial exceedance to complete, the owner or operator shall submit the root cause analysis, corrective action analysis, and corresponding implementation timeline to the Secretary according to paragraphs 7.9.h.7 and 7.9.k and keep records according to paragraph 7.10.e.5.
7.7.a.4. To determine whether excess air infiltration into the landfill is occurring, the owner or operator shall monitor each well monthly for temperature according to paragraph 7.5.b.3 above. If a well exceeds the operating parameter for temperature, the owner or operator shall initiate action to correct the exceedance within five calendar days. Attempted corrective measures shall not cause exceedances of other operational or performance standards.
7.7.a.4.A. If the owner or operator cannot achieve a landfill gas temperature less than 55 degrees Celsius (131 degrees Fahrenheit) within 15 calendar days of the first measurement of landfill gas temperature greater than 55 degrees Celsius (131 degrees Fahrenheit), the owner or operator shall conduct a root cause analysis and correct the exceedance as soon as practicable, but no later than 60 days after the first measurement of landfill gas temperature greater than 55 degrees Celsius (131 degrees Fahrenheit). The owner or operator shall maintain records per paragraph 7.10.e.3 below.
7.7.a.4.B. If the owner or operator cannot fully implement corrective actions within 60 days following the measurement for which the root cause analysis was required, the owner or operator shall also conduct a corrective action analysis and develop an implementation schedule to complete the corrective action(s) as soon as practicable, but no more than 120 days following the measurement of landfill gas temperature greater than 55 degrees Celsius (131 degrees Fahrenheit). The owner or operator shall maintain records per paragraph 7.10.e.4 and submit the information listed in paragraph 7.9.h.7 in the next annual report.
7.7.a.4.C. If the owner or operator expects corrective action to take longer than 120 days after the initial exceedance to complete, the owner or operator shall submit the root cause analysis, corrective action analysis, and corresponding implementation timeline to the Secretary according to paragraph 7.9.h.7 and subdivision 7.9.k and maintain records per paragraph 7.10.e.5.
7.7.a.5. An owner or operator seeking to demonstrate compliance with subparagraph 7.4.b.2.D through the use of a collection system that does not meet the specifications of subdivision 7.5.a shall provide information satisfactory to the Administrator according to paragraph 7.9.d.3 demonstrating that the owner or operator is controlling off-site migration.
7.7.b. To comply with paragraph 7.5.b.1, the owner or operator shall place each well or design component as specified in the approved design plan per subdivision 7.9.d. The owner or operator shall install each well no later than 60 days after the date on which the initial solid waste has been in place for a period of:
7.7.b.1. Five years or more if active; or
7.7.b.2. Two years or more if closed or at final grade.
7.7.c. To comply with the surface methane operational standard of paragraph 7.5.b.4, the owner or operator shall follow the procedures listed below:
7.7.c.1. Monitor surface concentrations of methane along the entire perimeter of the collection area and along a pattern that traverses the landfill at no more than 30 meter intervals (or a site-specific established spacing), after installation and startup of the gas collection system, for each collection area on a quarterly basis using an organic vapor analyzer, flame ionization detector or other portable monitor that meets the specifications in subdivision 7.7.d;
7.7.c.2. Determine the background concentration by moving the probe inlet upwind and downwind outside the boundary of the landfill at a distance of at least 30 meters from the perimeter wells;
7.7.c.3. Monitor surface emissions during typical meteorological conditions and according to section 8.3.1 of Method 21 of 40 CFR part 60, Appendix A and 45CSR16, except that the probe inlet shall be placed within five to ten centimeters of the ground;
7.7.c.4. Record any reading of 500 ppm or more above background at any location as a monitored exceedance and take the actions specified below. If the owner or operator takes the below-specified actions, the Secretary shall not consider the exceedance a violation of the operational requirements of paragraph 7.5.b.4. The owner or operator shall:
7.7.c.4.A. Mark the location of each monitored exceedance and record the location and concentration by determining location using the latitude and longitude coordinates found by an instrument with an accuracy of at least four meters and written in decimal degrees with at least five decimal places;
7.7.c.4.B. Perform cover maintenance or adjust the vacuum of the adjacent wells to increase gas collection in the vicinity of each exceedance and re-monitor the location within ten calendar days of detecting the exceedance;
7.7.c.4.C. Take additional corrective action if the re-monitoring of the location shows a second exceedance and monitor the location again within ten days of the second exceedance. If the re-monitoring shows a third exceedance for the same location, stop monitoring and take the action specified under subparagraph 7.7.c.4.E;
7.7.c.4.D. Re-monitor one month from the initial exceedance any location that initially showed an exceedance but has a methane concentration less than 500 ppm methane above background at the ten-day re-monitoring specified above. If the one-month re-monitoring shows a concentration less than 500 ppm above background, then the owner or operator is not required to perform further monitoring of that location until the next quarterly monitoring period. If the one-month re-monitoring shows an exceedance, the owner or operator shall take the actions specified under subparagraphs 7.7.c.4.C or 7.7.c.4.E; and
7.7.c.4.E. For any location where monitored methane concentration equals or exceeds 500 ppm above background three times within a quarterly period, the owner or operator shall install a new well or other collection device within 120 calendar days of the initial exceedance. The owner or operator may submit to the Secretary for approval an alternative solution to the exceedance, such as upgrading the blower, header pipes or control device, and a corresponding timeline for installation.
7.7.c.5. Implement a program to monitor cover integrity on a monthly basis and implement cover repairs as necessary.
7.7.d. The owner or operator shall meet the following instrumentation specifications and procedures for surface emission monitoring devices to comply with the provisions in subdivision 7.7.c or paragraph 7.6.a.11:
7.7.d.1. The portable analyzer shall meet the instrument specifications of section 6 of Method 21 of 40 CFR part 60, Appendix A and 45CSR16 except that “methane” replaces all references to “VOC”;
7.7.d.2. The calibration gas shall be methane, diluted to a nominal concentration of 500 ppm in air;
7.7.d.3. To meet the performance evaluation requirements in section 8.1 of Method 21 of 40 CFR part 60, Appendix A and 45CSR16, use the instrument evaluation procedures of section 8.1 of Method 21; and
7.7.d.4. Follow the calibration procedures in sections 8 and 10 of Method 21 of 40 CFR part 60, Appendix A and 45CSR16 immediately before starting a surface monitoring survey.
7.7.e. The provisions of section 7 apply at all times, including periods of startup, shutdown or malfunction. During periods of startup, shutdown or malfunction, the owner or operator shall comply with the work practice specified in paragraph 7.5.b.5 in lieu of the compliance provisions in subsection 7.7.
7.8. Monitoring requirements. Each owner or operator shall comply with the monitoring requirements in subsection 7.8 except as provided in paragraph 7.9.d.2, the requirements of subdivision 7.5.b and subsection 7.7; or the monitoring provisions from 40 CFR 63, subpart AAAA provided in 40 CFR § 63.1961, as well as the provisions in 40 CFR §§ 63.1958 and 63.1960; or both sets of requirements as an alternative means of compliance, for an MSWL with a gas collection and control system used to comply with subdivisions 7.4.b and 7.4.c. Once the owner or operator begins to comply with the provisions of 40 CFR § 63.1961, the owner or operator shall continue to operate the collection and control device according to those provisions and cannot return to the requirements of this subsection.
7.8.a. To comply with paragraph 7.4.b.2 for an active gas collection system, the owner or operator shall install a sampling port and a thermometer, other temperature measuring device, or an access port for temperature measurements at each wellhead and:
7.8.a.1. Measure the gauge pressure in the gas collection header monthly per paragraph 7.7.a.3; and
7.8.a.2. Monitor nitrogen or oxygen concentration in the landfill gas monthly as follows:
7.8.a.2.A. Determine the nitrogen level using Method 3C of 40 CFR part 60, Appendix A and 45CSR16, unless the owner or operator establishes an alternative test method as allowed by paragraph 7.9.d.2;
7.8.a.2.B. Determine the oxygen level using an oxygen meter using Method 3A, 3C or ASTM D6522-11 (if sample location is prior to combustion) unless the owner or operator establishes an alternative test method as allowed by paragraph 7.9.d.2, except that:
7.8.a.2.B.1. The span shall be set between ten percent and 12 percent oxygen;
7.8.a.2.B.2. A data recorder is not required;
7.8.a.2.B.3. Only two calibration gases are required, a zero and span;
7.8.a.2.B.4. A calibration error check is not required; and
7.8.a.2.B.5. The allowable sample bias, zero drift, and calibration drift are plus or minus 10 percent.
7.8.a.2.C. Use a portable gas composition analyzer to monitor the oxygen levels: provided, that:
7.8.a.2.C.1. The analyzer is calibrated; and
7.8.a.2.C.2. The analyzer meets all quality assurance and quality control requirements for Method 3A or ASTM D6522-11.
7.8.a.3. Monitor the temperature of the landfill gas on a monthly basis per paragraph 7.7.a.4, calibrating the temperature measuring device annually using the procedure in section 10.3 of Method 2 of 40 CFR part 60, Appendix A-1 and 45CSR16.
7.8.b. If the owner or operator seeks to comply with subdivision 7.4.c using an enclosed combustor, the owner or operator shall calibrate, maintain, and operate the following equipment according to the manufacturer's specifications:
7.8.b.1. A temperature monitoring device equipped with a continuous recorder and having a minimum accuracy of plus or minus one percent of the temperature being measured expressed in degrees Celsius or plus or minus 0.5 degrees Celsius, whichever is greater. A temperature monitoring device is not required for boilers or process heaters with design heat input capacity equal to or greater than 44 megawatts;
7.8.b.2. For a device that records flow to the control device and bypass of the control device (if applicable), the owner or operator shall:
7.8.b.2.A. Install, calibrate, and maintain a gas flow rate measuring device that records the flow to the control device at least every 15 minutes; and
7.8.b.2.B. Secure the bypass line valve in the closed position with a car-seal or a lock and key type configuration, performing a visual inspection of the seal or closure mechanism at least once every month to ensure that the valve is maintained in the closed position and the gas flow is not diverted through the bypass line.
7.8.c. If the owner or operator chooses to comply with subdivision 7.4.c using a non-enclosed flare, the owner or operator shall install, calibrate, maintain, and operate the following equipment according to the manufacturer’s specifications:
7.8.c.1. A heat sensing device, such as an ultraviolet beam sensor or thermocouple, at the pilot light or the flame itself to indicate the continuous presence of a flame;
7.8.c.2. For a device that records flow to the flare and bypass of the flare (if applicable), the owner or operator shall:
7.8.c.2.A. Install, calibrate, and maintain a gas flow rate measuring device that records the flow to the control device at least every 15 minutes; and
7.8.c.2.B. Secure the bypass line valve in the closed position with a car-seal or a lock and key type configuration, performing a visual inspection of the seal or closure mechanism at least once every month to ensure that the valve is maintained in the closed position and that the gas flow is not diverted through the bypass line.
7.8.d. If the owner or operator chooses to comply with subdivision 7.4.c using a device other than a non-enclosed flare or an enclosed combustor or a treatment system, the owner or operator shall provide information per paragraph 7.9.d.2 to the Administrator that describes the operation of the control device, the operating parameters that would indicate proper performance, and appropriate monitoring procedures. The Administrator shall review the information and either approve it or request that the owner or operator submit additional information. The Administrator may specify additional appropriate monitoring procedures.
7.8.e. If the owner or operator chooses to install a collection system that does not meet the specifications of subdivision 7.5.a or seeks to monitor alternative parameters to those required by subdivisions 7.5.b, 7.6, 7.7, and 7.8, the owner or operator shall provide information satisfactory to the Administrator as provided in paragraphs 7.9.d.2 and 7.9.d.3 describing the design and operation of the collection system, the operating parameters that would indicate proper performance, and appropriate monitoring procedures. The Administrator may specify additional appropriate monitoring procedures.
7.8.f. To demonstrate compliance with the 500 ppm surface methane operational standard in paragraph 7.5.b.4, the owner or operator shall monitor surface concentrations of methane according to the requirements of subdivision 7.7.c and the instrument specifications of subdivision 7.7.d. The owner or operator may change to annual monitoring of any closed landfill that does not have monitor exceedances of the operational standard in three consecutive quarterly monitoring periods. If the owner or operator detects any methane reading of 500 ppm or more above background during the annual monitoring, the owner or operator shall resume quarterly monitoring.
7.8.g. To demonstrate compliance with the control system requirements in subdivision 7.4.c using a landfill gas treatment system, the owner or operator shall maintain and operate all monitoring systems associated with the treatment system according to the site-specific treatment system monitoring plan per subparagraph 7.10.b.5.B. The owner or operator shall calibrate, maintain, and operate a device that records flow to the treatment system and bypass of the treatment system, if applicable, according to the manufacturer's specifications by:
7.8.g.1. Installing, calibrating, and maintaining a gas flow rate measuring device that records the flow to the treatment system at least every 15 minutes; and
7.8.g.2. Securing the bypass line valve in the closed position with a car-seal or a lock and key type configuration, performing a visual inspection of the seal or closure mechanism at least once every month to ensure that the valve is maintained in the closed position and that the gas flow is not diverted through the bypass line.
7.8.h. The monitoring requirements of subdivisions 7.8.b, 7.8.c, 7.8.d, and 7.8.g apply at all times the affected source is operating, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities. A monitoring system malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data. Monitoring system failures that are caused in part by poor maintenance or careless operation are not malfunctions. The owner or operator is required to complete monitoring system repairs in response to monitoring system malfunctions and to return the monitoring system to operation as expeditiously as practicable.
7.9. Reporting requirements.
7.9.a. Design capacity report. -- The owner or operator shall submit the initial design capacity report no later than one year from the effective date of this rule. The initial design capacity report shall contain the following information:
7.9.a.1. A map or plot of the landfill, providing the size and location of the landfill and identifying all areas where solid waste may be landfilled according to the permit; and
7.9.a.2. The maximum design capacity of the landfill. If the permit specifies the maximum design capacity, the owner or operator may submit a copy of the permit specifying the maximum design capacity as part of the report. If the permit does not specify the maximum design capacity of the landfill, the owner or operator shall calculate the maximum design capacity using good engineering practices. The owner or operator shall provide the calculations, along with the relevant parameters, as part of the report. The owner or operator may calculate design capacity in either megagrams or cubic meters for comparison with the exemption values. If the owner or operator chooses to convert the design capacity from volume to mass or from mass to volume to demonstrate the design capacity is less than 2.5 million megagrams or 2.5 million cubic meters, the calculation shall include a site-specific density, which the owner or operator shall recalculate annually. The owner or operator shall document any density conversions and submit them with the design capacity report. The Secretary may request other reasonable information as may be necessary to verify the maximum design capacity of the landfill.
7.9.b. Amended design capacity report. -- The owner or operator shall submit an amended design capacity report to provide notification of an increase of the landfill maximum design capacity within 90 days of a maximum design capacity that meets or exceeds 2.5 million megagrams and 2.5 million cubic meters. This increase in design capacity may result from an increase in the permitted volume of the landfill or an increase in the density as documented in the annual recalculation required by subdivision 7.10.f.
7.9.c. NMOC emission rate report. -- For existing MSWLs with a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters, the owner or operator shall submit the NMOC emission rate report per paragraph 7.9.j.2 no later than one year from the effective date of this rule. The owner or operator shall submit the NMOC emission rate report to the Secretary annually per paragraph 7.9.j.2, except as provided for in paragraph 7.9.c.3. The Secretary may request additional information as may be necessary to verify the reported NMOC emission rate. The NMOC emission rate report shall:
7.9.c.1. Contain an annual or five-year estimate of the NMOC emission rate calculated using the formula and procedures in subdivisions 7.6.a or 7.6.b, as applicable; and
7.9.c.2. Include all the data, calculations, sample reports, and measurements used to estimate the annual or five-year emissions.
7.9.c.3. The owner or operator may follow the requirements in paragraph 7.9.j.2 and submit an estimate of the NMOC emission rate for the next five-year period in lieu of the annual report if the estimated NMOC emission rate in the annual report is less than 34 megagrams per year in each of five consecutive years. This estimate shall include the current amount of solid waste in place and the estimated waste acceptance rate for each year of the five years for which an NMOC emission rate is estimated. The owner or operator shall submit to the Secretary all data and calculations upon which it based this estimate. The owner or operator shall revise this estimate at least once every five years. If the actual waste acceptance rate exceeds the estimated waste acceptance rate in any year reported in the five year estimate, the owner or operator shall submit to the Secretary a revised five-year estimate, which shall cover the five-year period beginning with the year in which the actual waste acceptance rate exceeded the estimated waste acceptance rate.
7.9.c.4. The owner or operator is exempt from the requirement to submit an NMOC emission rate report after it installs a collection and control system that complies with subdivisions 7.4.b and 7.4.c during the time the collection and control system is in operation and complies with subdivision 7.5.b and subsection 7.7.
7.9.d. Collection and control system design plan. -- The owner or operator shall prepare the collection and control system design plan, which shall be approved by a professional engineer and shall meet the following requirements:
7.9.d.1. The collection and control system described in the design plan shall meet the design requirements of subdivisions 7.4.b and 7.4.c;
7.9.d.2. The collection and control system design plan shall include any alternatives to the operational standards, test methods, procedures, compliance measures, monitoring, recordkeeping or reporting provisions of subdivision 7.5.b and subsections 7.6 through 7.10 proposed by the owner or operator;
7.9.d.3. The collection and control system design plan shall either conform to specifications for active collection systems in subdivision 7.5.a or include a demonstration of sufficiency for the alternative provisions to subdivision 7.5.a that is satisfactory to the Administrator;
7.9.d.4. Each owner or operator of a MSWL having a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters shall submit to the Secretary, within one year of the first NMOC emission rate report in which the NMOC emission rate equals or exceeds 34 megagrams per year, a copy of the collection and control system design plan cover page that contains the professional engineer’s seal, except as follows:
7.9.d.4.A. If the owner or operator elects to recalculate the NMOC emission rate after the Tier 2 NMOC sampling and analysis in paragraph 7.6.a.9 and the resulting rate is less than 34 megagrams per year, the owner or operator shall resume annual periodic reporting using the Tier 2 determined site-specific NMOC concentration, until the calculated NMOC emission rate is equal to or greater than 34 megagrams per year or the owner or operator closes the landfill. The owner or operator shall submit, per paragraph 7.9.j.2 and within 180 days of the first calculated exceedance of 34 megagrams per year, the revised NMOC emission rate report with the recalculated NMOC emission rate based on NMOC sampling and analysis.
7.9.d.4.B. If the owner or operator elects to recalculate the NMOC emission rate after determining a site-specific methane generation rate constant k, for Tier 3 per paragraph 7.6.a.9, and the resulting NMOC emission rate is less than 34 megagrams per year, the owner or operator shall resume annual periodic reporting. The owner or operator shall use the resulting site-specific methane generation rate constant k in the NMOC emission rate calculation until such time as the emissions rate calculation results in an exceedance. The owner or operator shall submit to the Secretary, per paragraph 7.9.j.2 and within one year of the first calculated NMOC emission rate equaling or exceeding 34 megagrams per year, the revised NMOC emission rate report based on the provisions of paragraph 7.6.a.9 and the resulting site-specific methane generation rate constant k.
7.9.d.4.C. If the owner or operator elects to demonstrate that site-specific surface methane emissions are below 500 ppm methane, based on the provisions of paragraph 7.6.a.11, then the owner or operator shall annually submit a Tier 4 surface emissions report per paragraph 7.9.j.2 until the report shows a surface emissions reading of 500 ppm methane or greater. If the Tier 4 surface emissions report shows no surface emissions readings of 500 ppm methane or greater for four consecutive quarters at a closed landfill, then the owner or operator may reduce Tier 4 monitoring from a quarterly to an annual frequency. The Secretary may request additional information that may be necessary to verify the reported instantaneous surface emission readings. The Tier 4 surface emissions report shall clearly identify the location, date and time (to the nearest second), average wind speeds (including wind gusts), and reading (in ppm) of any value 500 ppm methane or greater, other than nonrepeatable, momentary readings. The owner or operator shall determine the latitude and longitude coordinates using an instrument with an accuracy of at least four meters for location, stating the coordinates in decimal degrees with at least five decimal places. The Tier 4 surface emission report shall also include the results of the most recent Tier 1 and Tier 2 results in order to verify that the landfill does not exceed 50 Mg/yr of NMOC.
7.9.d.4.C.1. The owner or operator shall submit the initial annual Tier 4 surface emissions report within 30 days of completing the fourth quarter of Tier 4 surface emissions monitoring that demonstrates that site-specific surface methane emissions are below 500 ppm methane and following the procedure specified in paragraph 7.9.j.2 below; and
7.9.d.4.C.2. The owner or operator shall submit the Tier 4 surface emissions rate report within one year of the first measured surface exceedance of 500 ppm methane, following the procedure specified in paragraph 7.9.j.2 below.
7.9.d.4.D. If the landfill is in the closed landfill subcategory, the owner or operator shall submit a collection and control system design plan to the Secretary within one year of the first NMOC emission rate report in which the NMOC emission rate equals or exceeds 50 megagrams per year, except as follows:
7.9.d.4.D.1. If the owner or operator elects to recalculate the NMOC emission rate after the Tier 2 NMOC sampling and analysis under paragraph 7.6.a.7 and the resulting rate is less than 50 megagrams per year, the owner or operator shall resume annual periodic reporting using the Tier 2 determined site-specific NMOC concentration, until the calculated NMOC emission rate is equal to or greater than 50 megagrams per year or the owner or operator closes the landfill. The owner or operator shall submit the revised NMOC emission rate report, with the recalculated NMOC emission rate based on NMOC sampling and analysis, following the procedure specified in paragraph 7.9.j.2, within 180 days of the first calculated exceedance of 50 megagrams per year.
7.9.d.4.D.2. If the owner or operator elects to recalculate the NMOC emission rate after determining a site-specific methane generation rate constant k for Tier 3 under paragraph 7.6.a.9, and the resulting NMOC emission rate is less than 50 megagrams per year, the owner or operator shall resume annual periodic reporting. The owner or operator shall use the resulting site-specific methane generation rate constant k in the NMOC emission rate calculation until the emissions rate calculation results in an exceedance. The owner or operator shall submit the revised NMOC emission rate report per paragraph 7.6.a.9 and the resulting site-specific methane generation rate constant k, to the Secretary following the procedure specified in paragraph 7.9.j.2 within one year of the first calculated NMOC emission rate equaling or exceeding 50 megagrams per year.
7.9.d.4.D.3. If the owner or operator elects to demonstrate surface emissions are low, consistent with the provisions in subparagraph 7.9.d.4.C.
7.9.d.4.D.4. The owner or operator has already submitted a gas collection and control system design plan consistent with the provisions of section 4 or section 6 of this rule.
7.9.d.5. The owner or operator shall notify the Secretary that the design plan is completed and submit a copy of the plan’s signature page. The Secretary shall decide within 90 days whether the owner or operator should submit the design plan for review. If the Secretary chooses to review the plan, the approval process continues as described in paragraph 7.9.c.6. However, if the Secretary indicates that submission is not required or does not respond within 90 days, the owner or operator may continue to implement the plan with the recognition that it is proceeding at its own risk. If the Secretary requires the owner or operator to modify the design plan in order to obtain approval, the owner or operator shall take any steps necessary to conform any prior actions to the approved design plan, and the owner’s or operator’s failure to do so may result in an enforcement action by the Secretary.
7.9.d.6. Upon receipt of an initial or revised design plan, the Secretary shall review the information submitted under paragraphs 7.9.d.1 through 7.9.d.3 and either approve it, disapprove it or request that the owner or operator submit additional information. Because of the many site-specific factors involved with landfill gas system design, alternative systems may be necessary. A wide variety of system designs are possible, such as vertical wells, combination horizontal and vertical collection systems or horizontal trenches only, leachate collection components, and passive systems. If the Secretary does not approve or disapprove the design plan, or does not request that additional information be submitted within 90 days of receipt, then the owner or operator may continue with implementation of the design plan, recognizing that it will be proceeding at its own risk.
7.9.d.7. If the owner or operator chooses to demonstrate compliance with the emission control requirements using a treatment system, then the owner or operator shall prepare a site-specific treatment system monitoring plan as specified in paragraph 7.10.b.5 below.
7.9.e. Revised design plan. -- If the owner or operator is required to submit a design plan under subdivision 7.9.d or sections 4 or 6, the owner or operator shall submit a revised design plan to the Secretary for approval as follows:
7.9.e.1. At least 90 days before expanding operations to an area not covered by the previously approved design plan; or
7.9.e.2. Prior to installing or expanding the gas collection system in a way that is not consistent with the design plan submitted to the Secretary per subdivision 7.9.d.
7.9.f. Closure report. -- The owner or operator shall submit a closure report to the Secretary within 30 days of ceasing waste acceptance. The Secretary may request additional information as may be necessary to verify that permanent closure has taken place per the requirements of 40 CFR § 258.60. If the owner or operator has submitted a closure report to the Secretary, the owner or operator may not place any additional wastes into the landfill without filing a notification of modification as described under 40 CFR § 60.7(a)(4).
7.9.g. Equipment removal report. -- The owner or operator shall submit an equipment removal report to the Secretary 30 days prior to removal or cessation of operation of the control equipment, which report shall contain the following:
7.9.g.1. A copy of the closure report submitted per subdivision 7.9.f and:
7.9.g.2. A copy of the initial performance test report demonstrating that the 15-year minimum control period has expired, unless the performance test results report has been submitted to the EPA via the EPA’s CDX or information that demonstrates that the gas collection and control system will be unable to operate for 15 years due to declining gas flows; or, in lieu thereof, a report stating the process unit(s) tested, the pollutant(s) tested, and the date that the performance test was conducted, if the owner or operator previously submitted this report to the EPA’s CDX; and
7.9.g.3. Dated copies of three successive NMOC emission rate reports demonstrating the landfill is no longer producing 34 megagrams or greater of NMOC per year, unless the owner or operator submitted the NMOC emission rate reports to the EPA via the EPA’s CDX; or, in lieu thereof, if the owner or operator has previously submitted the NMOC emission rate reports to the EPA’s CDX, a statement that the owner or operator submitted the NMOC emission rate reports electronically, along with the dates that the reports were submitted; or
7.9.g.4. For the closed landfill subcategory, dated copies of three successive NMOC emission rate reports demonstrating that the landfill is no longer producing 50 megagrams or greater of NMOC per year; or, in lieu thereof, a statement that the owner or operator submitted the NMOC emission rate reports electronically to EPA’s CDX, along with the dates that the owner or operator electronically submitted the reports.
7.9.g.5. The Secretary may request additional information as may be necessary to verify that the owner or operator has met all of the conditions for removal under subdivision 7.4.f.
7.9.h. Annual report. -- If the owner or operator chooses to comply with paragraph 7.4.e.2 using an active collection system designed per subdivision 7.4.b, the owner or operator shall submit an annual report to the Secretary according to paragraph 7.9.j.2, containing the information listed in paragraphs 7.9.h.1 through 7.9.h.7. The owner or operator shall submit the initial annual report within 180 days of installation and startup of the collection and control system. The initial annual report shall include the initial performance test report required under 40 CFR § 60.8, as applicable, unless the performance test results report has been submitted to the EPA via the EPA’s CDX, in which case, the owner or operator may submit, in lieu thereof, a statement that the owner or operator electronically filed the performance test report, the process unit(s) tested, the pollutant(s) tested, and the date that the owner or operator conducted the performance test. The owner or operator shall submit the initial performance test report per paragraph 7.9.j.1 no later than the date the owner or operator submits the initial annual report. For enclosed combustion devices and flares, reportable exceedances are defined under paragraph 7.10.c.1. If the owner or operator chooses to comply with the operational provisions of 40 CFR §§ 63.1958, 63.1960, and 63.1961, as allowed under subdivision 7.5.b, subsections 7.7 and 7.8, the owner or operator shall follow the semi-annual reporting requirements in 40 CFR § 63.1981(h) in lieu of this paragraph. The annual report shall contain:
7.9.h.1. The value and length of time for exceedance of applicable parameters monitored under paragraph 7.8.a.1 and subdivisions 7.8.b, 7.8.c, 7.8.d, and 7.8.g;
7.9.h.2. A description and duration of all periods when the gas stream was diverted from the control device or treatment system through a bypass line or the indication of bypass flow as specified in subsection 7.8;
7.9.h.3. A description and duration of all periods when the control device or treatment system was not operating and length of time the control device or treatment system was not operating;
7.9.h.4. All periods when the collection system was not operating;
7.9.h.5. The location of each exceedance of the 500 ppm methane concentration per paragraph 7.5.b.4 and the concentration recorded at each location for which an exceedance was recorded in the previous month, determining the latitude and longitude coordinates using an instrument with an accuracy of at least four meters for the location, which coordinates shall be in decimal degrees with at least five decimal places;
7.9.h.6. The date of installation and the location of each well or collection system expansion added pursuant to 7.7.a.3, 7.7.a.4, 7.7.b, and 7.7.c.4; and
7.9.h.7. For any corrective action analysis for which corrective actions are required by paragraphs 7.7.a.3 or 7.7.a.4 and that take more than 60 days to correct the exceedance, the root cause analysis conducted, including a description of the recommended corrective action(s), the date for corrective action(s) already completed following the positive pressure or elevated temperature reading, and, for action(s) not already completed, a schedule for implementation, including proposed commencement and completion dates.
7.9.i. Initial performance test report. -- To comply with subdivision 7.4.c, the owner or operator shall include the following information with the initial performance test report required under 40 CFR § 60.8 and 45CSR16:
7.9.i.1. A diagram of the collection system showing collection system positioning, including all wells, horizontal collectors, surface collectors or other gas extraction devices, including the locations of any areas excluded from collection and the proposed sites for the future collection system expansion;
7.9.i.2. The data upon which the sufficient density of wells, horizontal collectors, surface collectors or other gas extraction devices and the gas mover equipment sizing are based;
7.9.i.3. The documentation of the presence of asbestos or nondegradable material for each area from which collection wells have been excluded based on the presence of asbestos or nondegradable material;
7.9.i.4. The sum of the gas generation flow rates for all areas from which collection wells have been excluded based on nonproductivity and the calculations of gas generation flow rate for each excluded area;
7.9.i.5. The provisions for increasing gas mover equipment capacity with increased gas generation flow rate, if the present gas mover equipment is inadequate to move the maximum flow rate expected over the life of the landfill; and
7.9.i.6. The provisions for the control of off-site migration.
7.9.j. Electronic reporting. -- The owner or operator shall submit reports electronically according to the following:
7.9.j.1. Within 60 days after the date of completing each performance test (as defined in 40 CFR § 60.8), the owner or operator shall submit the results of each performance test according to the following procedures:
7.9.j.1.A. For data collected using test methods supported by the EPA’s Electronic Reporting Tool (ERT) as listed on the EPA’s ERT website at the time of the test, the owner or operator shall submit the results of the performance test to the EPA via the Compliance and Emissions Data Reporting Interface (CEDRI), which can be accessed through EPA’s Central Data Exchange (CDX). The owner or operator shall submit performance test data in a file format generated through the use of the EPA’s ERT or an alternative file format consistent with the extensible markup language (XML) schema listed on the EPA’s ERT website, once the XML schema is available. If the owner or operator claims that some of the performance test information being submitted is confidential business information (CBI), the owner or operator shall submit a complete file generated through the use of the EPA’s ERT or an alternate electronic file consistent with the XML schema listed on the EPA’s ERT website, including information claimed to be CBI, on a compact disc, flash drive or other commonly used electronic storage media to the EPA. The owner or operator shall clearly mark electronic media shall be clearly marked as CBI and mailed to the EPA at the address listed on EPA’s ERT website. The owner or operator shall submit the same ERT or alternate file with the CBI omitted to the EPA via the EPA’s CDX as described earlier in this subparagraph.
7.9.j.1.B. For data collected using test methods that are not supported by the EPA’s ERT as listed on the EPA’s ERT website at the time of the test, the owner or operator shall submit the results of the performance test to the Administrator at the appropriate address listed in 40 CFR § 60.4.
7.9.j.2. Each owner or operator required to submit reports following the procedure specified in this paragraph shall submit reports to the EPA via the CEDRI, which can be accessed through the EPA’s CDX. The owner or operator shall use the appropriate electronic report in CEDRI for this submission or an alternate electronic file format consistent with the XML schema listed on the CEDRI website. If the specific reporting form is not available in CEDRI at the time that the report is due, the owner or operator shall submit the report to the Administrator at the appropriate address listed in 40 CFR § 60.4. Once the form has been available in CEDRI for 90 calendar days, the owner or operator shall submit all subsequent reports via CEDRI. The owner or operator shall submit the reports by the deadlines specified in section 7, regardless of the method of submittal.
7.9.k. Corrective action and the corresponding timeline. -- The owner or operator shall submit the corrective action and the corresponding timeline reporting requirements according to paragraphs 7.9.k.1 and 7.9.k.2. If the owner or operator chooses to comply with the operational provisions of 40 CFR §§ 63.1958, 63.1960, and 63.1961, as allowed under subdivision 7.5.b and subsections 7.7 and 7.8, the owner or operator shall follow the corrective action and the corresponding timeline reporting requirements in 40 CFR § 63.1981(j) in lieu of paragraphs 7.9.k.1 and 7.9.k.2.
7.9.k.1. For corrective action that is required by subparagraph 7.7.a.3.C or 7.7.a.4.C and that is expected to take longer to complete than 120 days after the initial exceedance, the owner or operator shall submit the root cause analysis, corrective action analysis, and corresponding implementation timeline to the Secretary as soon as practicable but no later than 75 days after the first measurement of positive pressure or temperature monitoring value of 55 degrees Celsius (131 degrees Fahrenheit) or above. The Secretary shall approve the plan for corrective action and the corresponding timeline.
7.9.k.2. For corrective action that is required by subparagraph 7.7.a.3.C or 7.7.a.4.C and that is not completed within 60 days after the initial exceedance, the owner or operator shall submit a notification to the Secretary as soon as practicable but no later than 75 days after the first measurement of positive pressure or temperature exceedance.
7.9.l. Liquids addition. -- The owner or operator of an affected landfill with a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters that has employed leachate recirculation or added liquids based on a Research, Development, and Demonstration permit (issued through Resource Conservation and Recovery Act, subtitle D, part 258) within the last ten years shall annually submit to the Secretary, per paragraph 7.9.j.2, the following information:
7.9.l.1. Volume of leachate recirculated (gallons per year) and the reported basis of those estimates (records or engineering estimates);
7.9.l.2. Total volume of all other liquids added (gallons per year) and the reported basis of those estimates (records or engineering estimates);
7.9.l.3. Surface area (acres) over which the leachate is recirculated (or otherwise applied);
7.9.l.4. Surface area (acres) over which any other liquids are applied;
7.9.l.5. The total waste disposed (megagrams) in the areas with recirculated leachate and/or added liquids based on on-site records, to the extent data are available, or engineering estimates and the reported basis of those estimates; and
7.9.l.6. The annual waste acceptance rates (megagrams per year) in the areas with recirculated leachate and/or added liquids based on on-site records, to the extent data are available, or engineering estimates.
7.9.l.7. The initial report shall contain items in paragraphs 7.9.l.1 through 7.9.l.6 on an annual basis for the most recent 365 days, as well as for each of the previous ten years, to the extent historical data are available in on-site records, which report shall be submitted no later than:
7.9.l.7.A. September 27, 2017 for landfills that commenced construction, modification or reconstruction after July 17, 2014 but before August 29, 2016; or
7.9.l.7.B. One year (365 days) after the date of commenced construction, modification or reconstruction for landfills that commence construction, modification or reconstruction after August 29, 2016.
7.9.l.8. Subsequent annual reports shall contain items in 7.9.l.1 through 7.9.l.6 for the annual (365 days) period following the period included in the previous annual report (365 days), which report shall be submitted no later than 365 days after the date the previous report was submitted.
7.9.l.9. Landfills in the closed landfill subcategory are exempt from the reporting requirements contained in paragraphs 7.9.l.1 through 7.9.l.7.
7.9.l.10. The owner or operator may cease annual reporting of items in paragraphs 7.9.l.1 through 7.9.l.6 after the owner or operator has submitted the closure report per subdivision 7.9.f.
7.9.m. Tier 4 notification.
7.9.m.1. The owner or operator of an affected landfill with a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters shall provide a notification of the date(s) the owner or operator intends to demonstrate site-specific surface methane emissions are below 500 ppm methane, based on the Tier 4 provisions of paragraph 7.6.a.11. The owner or operator shall also include a description in the notification of the wind barrier to be used during the surface emission monitoring. Notification shall be postmarked not less than 30 days prior to the Tier 4 surface emission monitor date.
7.9.m.2. If there is a delay to the scheduled Tier 4 surface emission monitor date due to weather conditions, including not meeting the wind requirements of part 7.6.a.11.E.1, the owner or operator shall notify the Secretary by email or telephone no later than 48 hours before any known delay in the original test date and arrange with the Secretary a mutually agreeable new test date.
7.9.n. Each owner or operator that chooses to comply with the provisions in 40 CFR §§ 63.1958, 63.1960, and 63.1961, as allowed in subdivision 7.5.b and subsections 7.7 and 7.8 shall submit the 24-hour high temperature report according to 40 CFR § 63.1981(k).
7.10. Recordkeeping requirements.
7.10.a. Except as provided in paragraph 7.9.d.2, each owner or operator of an MSWL subject to the provisions of subdivision 7.4.e shall keep on-site records of the design capacity report that triggered subdivision 7.4.f, the current amount of solid waste in place, and the year-by-year waste acceptance rate for at least five years up-to-date, readily accessible. The owner or operator may maintain off-site records if they are retrievable within four hours. Either paper copy or electronic formats are acceptable.
7.10.b. Except as provided in paragraph 7.9.d.2, the owner or operator of a controlled landfill shall keep up-to-date, readily accessible records for the life of the control system equipment of the data listed in paragraphs 7.10.b.1 through 7.10.b.5 below as measured during the initial performance test or compliance determination. The owner or operator shall maintain records of subsequent tests or monitoring for a minimum of five years. Records of the control device vendor specifications shall be maintained until the control device is removed.
7.10.b.1. To demonstrate compliance with the collection system requirements of subdivision 7.4.b, the owner or operator shall keep a record of:
7.10.b.1.A. The maximum expected gas generation flow rate as calculated in paragraph 7.7.a.1. If the Administrator approved another method to determine the maximum gas generation flow rate, the owner or operator may use the other method; and
7.10.b.1.B. The density of wells, horizontal collectors, surface collectors or other gas extraction devices determined per subparagraph 7.5.a.1.A.
7.10.b.2. To demonstrate compliance with the control system requirements of subdivision 7.4.c through the use of an enclosed combustion device other than a boiler or process heater with a design heat input capacity equal to or greater than 44 megawatts, the owner or operator shall keep a record of:
7.10.b.2.A. The average temperature measured at least every 15 minutes and averaged over the same time period of the performance test; and
7.10.b.2.B. The percent reduction of NMOC achieved by the control device determined per paragraph 7.4.c.2.
7.10.b.3. To demonstrate compliance with paragraph 7.4.c.1 through the use of a non-enclosed flare, the owner or operator shall keep a record of the flare type (i.e., steam assisted, air-assisted or non-assisted), all visible emission readings, heat content determination, flow rate or bypass flow rate measurements, and exit velocity determinations made during the performance test, as specified in 40 CFR § 60.18, as well as continuous records of the flare pilot flame or flare flame monitoring and records of all periods of operations during which the pilot flame or the flare flame is absent.
7.10.b.4. To demonstrate compliance with subparagraph 7.4.c.2.A through the use of a boiler or process heater of any size the owner or operator shall keep a record including a description of the location where the collected gas vent stream is introduced into the boiler or process heater over the same time period of the performance testing.
7.10.b.5. To demonstrate compliance with paragraph 7.4.c.3 through the use of a landfill gas treatment system the owner or operator shall keep:
7.10.b.5.A. Bypass records. -- Records of the flow of landfill gas to, and bypass of, the treatment system; and
7.10.b.5.B. A site-specific treatment monitoring plan, to include:
7.10.b.5.B.1. Monitoring records of parameters identified in the treatment system monitoring plan and that ensure the treatment system is operating properly for each intended end use of the treated landfill gas. At a minimum, the owner or operator shall include records of filtration, de-watering, and compression parameters that ensure the treatment system is operating properly for each intended end use of the treated landfill gas;
7.10.b.5.B.2. Monitoring methods, frequencies, and operating ranges for each monitored operating parameter based on manufacturer’s recommendations or engineering analysis for each intended end use of the treated landfill gas;
7.10.b.5.B.3. Documentation of the monitoring methods and ranges, along with justification for their use;
7.10.b.5.B.4. Identification of who is responsible (by job title) for data collection;
7.10.b.5.B.5. Documentation of processes and methods used to collect the necessary data; and
7.10.b.5.B.6. Description of the procedures and methods that are used for quality assurance, maintenance, and repair of all continuous monitoring systems.
7.10.c. Except as provided in paragraph 7.9.d.2, the owner or operator shall keep for five years up-to-date, readily accessible, continuous records of the equipment operating parameters required by section 7.8, as well as up-to-date, readily accessible records for periods of operation during which the parameter boundaries established during the most recent performance test are exceeded.
7.10.c.1. The following constitute exceedances that the owner or operator shall record and report under section 7.9:
7.10.c.1.A. For enclosed combustors, except for boilers and process heaters with design heat input capacity greater than 44 megawatts (150 million British thermal unit per hour), all three-hour periods of operation that the average temperature was more than 28 degrees Celsius (82 degrees Fahrenheit) below the average combustion temperature that the owner or operator determined compliance with subdivision 7.4.c during the most recent performance test; and
7.10.c.1.B. For boilers or process heaters, whenever there is a change in the location where the vent stream is introduced into the flame zone per paragraph 7.10.b.3.
7.10.c.2. The owner or operator shall keep up-to-date, readily accessible, continuous records of the indication of flow to the control system and the indication of bypass flow or records of monthly inspections of car-seals or lock-and-key configurations used to seal bypass lines, per section 7.8.
7.10.c.3. If the owner or operator uses a boiler or process heater with a design heat input capacity greater than 44 megawatts to comply with subdivision 7.4.c, the owner or operator shall keep an up-to-date, readily accessible record of all periods of operation of the boiler or process heater (e.g. records of steam use, fuel use or monitoring data collected pursuant to other State, local, tribal or federal regulatory requirements).
7.10.c.4. Each owner or operator seeking to comply with the provisions of section 7 by use of a non-enclosed flare shall keep up-to-date, readily accessible, continuous records of the flame or flare pilot flame monitoring required by subdivision 7.8.c, and up-to-date, readily accessible records of all periods of operation in which the flame or flare pilot flame is absent.
7.10.c.5. Each owner or operator seeking to comply with subdivision 7.4.e using an active collection system designed per subdivision 7.4.b shall keep records of periods when the collection system or control device is not operating.
7.10.d. The owner or operator shall keep an up-to-date, readily accessible plot map showing each existing and planned collector in the system and providing a unique identification location label on each collector that matches the labeling on the plot map for the life of the collection system, except as provided in paragraph 7.9.d.2. below. The owner or operator shall keep:
7.10.d.1. Up-to-date, readily accessible records of the installation date and location of all newly installed collectors as specified under subdivision 7.7.b.; and
7.10.d.2. Readily accessible documentation of the nature, date of deposition, amount, and location of asbestos containing or nondegradable waste excluded from collection under part 7.5.a.1.C.1 and any nonproductive areas excluded from collection under part 7.5.a.1.C.2.
7.10.e. The owner or operator shall keep up-to-date, readily accessible records of the items in paragraphs 7.10.e.1 through 7.10.e.5, except as provided in paragraph 7.9.d.2, for a minimum of five years. Each owner or operator that chooses to comply with the provisions in 40 CFR §§ 63.1958, 63.1960 and 63.1961 of this chapter, as allowed in subdivision 7.5.b and subsections 7.7 and 7.8, shall keep the records in paragraph 7.10.e.6 and shall keep records according to 40 CFR § 63.1983(e)(1) through (5) in lieu of paragraphs 7.10.e.1 through 7.10.e.5.
7.10.e.1. All collection and control system exceedances of the operational standards in subdivision 7.5.b, the reading in the subsequent month whether or not the second reading is an exceedance, and the location of each exceedance;
7.10.e.2. Each wellhead temperature monitoring value of 55 degrees Celsius (131 degrees Fahrenheit) or above, each wellhead nitrogen level at or above 20 percent, and each wellhead oxygen level at or above five percent;
7.10.e.3. The root cause analysis conducted, including a description of the recommended corrective action(s) taken and the date(s) the corrective action(s) were completed, for which corrective actions are required by paragraph 7.7.a.3 or 7.7.a.4;
7.10.e.4. The root cause analysis conducted, the corrective action analysis, the date for corrective action(s) already completed following the positive pressure reading or high temperature reading, and, for action(s) not already completed, a schedule for implementation, including proposed commencement and completion dates, for which corrective actions are required by subparagraph 7.7.a.3.B or 7.7.a.4.B; and
7.10.e.5. The root cause analysis conducted, the corrective action analysis, the date for corrective action(s) already completed following the positive pressure reading or high temperature reading, for action(s) not already completed, a schedule for implementation, including proposed commencement and completion dates, and a copy of any comments or final approval on the corrective action analysis or schedule from the Secretary for any root cause analysis for which corrective actions are required by subparagraph 7.7.a.3.C or 7.7.4.C.
7.10.e.6. Each owner or operator that chooses to comply with the provisions in 40 CFR §§ 63.1958, 63.1960 and 63.1961, as allowed in subdivision 7.5.b and subsections 7.7 and 7.8, shall keep records of the date upon which the owner or operator started complying with the provisions in 40 CFR §§ 63.1958, 63.1960, and 63.1961.
7.10.f. Landfill owners or operators who convert design capacity from volume to mass or mass to volume to demonstrate that the landfill design capacity is less than 2.5 million megagrams or 2.5 million cubic meters shall keep readily accessible, on-site records of the annual recalculation of site-specific density, design capacity, and the supporting documentation. The owner or operator may maintain records off site if they are retrievable within four hours. Either paper copy or electronic formats are acceptable.
7.10.g. To demonstrate that site-specific surface methane emissions are below 500 ppm by conducting surface emission monitoring under the Tier 4 procedures specified in paragraph 7.6.a.11, the owner or operator shall keep for a minimum of five years up-to-date, readily accessible records of all surface emissions monitoring and information related to monitoring instrument calibrations conducted per sections 8 and 10 of 40 CFR part 60, Appendix A and 45CSR16 including all of the following items:
7.10.g.1. Calibration records:
7.10.g.1.A. Date of calibration and initials of operator performing the calibration;
7.10.g.1.B. Calibration gas cylinder identification, certification date, and certified concentration;
7.10.g.1.C. Instrument scale(s) used;
7.10.g.1.D. A description of any corrective action taken if the meter readout could not be adjusted to correspond to the calibration gas value; and
7.10.g.1.E. If the owner or operator makes its own calibration gas, a description of the procedure used.
7.10.g.2. Digital photographs of the instrument setup. -- For the duration of the Tier 4 monitoring demonstration, the owner or operator shall take time and date stamped digital photographs prior to sampling at the first sampling location and at the last sampling location after sampling at the end of each sampling day.
7.10.g.3. Time stamp of each surface scan reading:
7.10.g.3.A. The time stamp should be detailed to the nearest second, based on when the sample collection begins; and
7.10.g.3.B. A log for the length of time each sample was taken using a stopwatch (e.g., the time the probe was held over the area).
7.10.g.4. Location of each surface scan reading. -- The owner or operator shall determine the coordinates using an instrument with an accuracy of at least four meters, which coordinates shall be in decimal degrees with at least five decimal places.
7.10.g.5. Monitored methane concentration (ppm) of each reading.
7.10.g.6. Background methane concentration (ppm) after each instrument calibration test.
7.10.g.7. Adjusted methane concentration using most recent calibration (ppm).
7.10.g.8. For readings taken at each surface penetration, the unique identification location label matching the label specified in subdivision 7.10.d.
7.10.g.9. Records of the operating hours of the gas collection system for each destruction device.
7.10.h. The owner or operator shall keep up-to-date, readily accessible records of all collection and control system monitoring data for parameters measured in paragraphs 7.8.a.1, 7.8.a.2, and 7.8.a.3 for a minimum of five years, except as provided in paragraph 7.9.d.2.
7.10.i. The owner or operator may maintain in electronic format any documents required to be maintained by section 7 that it submitted electronically via EPA’s CDX.
7.10.j. If the owner or operator reports leachate or other liquids addition under subdivision 7.9.l, the owner or operator shall keep records of any engineering calculations or company records used to estimate the quantities of leachate or liquids added, the surface areas for which the leachate or liquids were applied, and the estimates of annual waste acceptance or total waste in place in the areas where the owner or operator applied leachate or liquids.
W. Va. Code R. § 45-23-8 Secretary
8.1. All references in 40 CFR part 60 subparts Cf and XXX to the “Administrator” are amended to be the “Secretary” except in the following references, which shall remain “Administrator”:
8.1.a. Where the Federal Regulations specifically provide that the Administrator shall retain authority and not transfer such authority to the Secretary;
8.1.b. Where provisions occur which refer to:
8.1.b.1. Alternate means of emission limitations;
8.1.b.2. Alternate control technologies;
8.1.b.3. Innovative technology waivers;
8.1.b.4. Alternate test methods;
8.1.b.5. Alternate monitoring methods;
8.1.b.6. Waivers/adjustments to recordkeeping and reporting;
8.1.b.7. Applicability determinations; or
8.1.b.8. The requirements of 40 CFR § 60.764(a)(5) to approve other methods to determine the NMOC concentration or a site-specific methane generation rate constant as an alternative to the methods required by 40 CFR § 60.764(a)(3) and (4); and
8.1.c. Where the context of the regulation clearly requires otherwise.
W. Va. Code R. § 45-23-9 Inconsistency Between Rules
9.1. 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.
Series 25 Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities
W. Va. Code R. § 45-25-1 General
1.1. Scope.
1.1.1. This rule establishes and adopts a program of regulation over air emissions and emission standards for the treatment, storage, and disposal of hazardous waste promulgated by the United States Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act, as amended. This rule codifies general procedures and criteria to implement emission standards set forth in the 40 C.F.R. parts 260, 261, 262, 264, 265, 266, 270, and 279 as listed in Table 45-25 below. The Secretary hereby adopts these standards by reference. The Secretary also adopts associated reference methods, performance specifications, and other test methods that are appended to these standards.
1.1.2. The purpose of this rule is to achieve and maintain levels of air quality that will protect the public health and safety and the environment from the effects of improper, inadequate or unsound treatment, storage or disposal of hazardous waste. Further, all persons engaged in the treatment, storage or disposal of hazardous waste shall give careful consideration to the effects of the resultant emissions on the air quality or the areas affected by hazardous waste or any constituent thereof in quantities that would cause ambient air concentrations that may be injurious to human health or welfare or that would interfere with the enjoyment of life or property.
1.1.3. Neither compliance with the provisions of this rule nor the absence of specific language to cover particular situations constitutes approval or implies consent or condonation of any emission that is released in any locality in a manner or amount that would cause or contribute to statutory air pollution. Neither does it exempt nor excuse any person from complying with other applicable laws, ordinances, regulations or orders of governmental entities having jurisdiction over hazardous waste treatment, storage or disposal facilities.
1.1.4. This rule is promulgated pursuant to W.Va. Code §§ 22-5-4 and 22-18-6. Recognizing that each article has its own enforcement sections, it is the intent of the Secretary that enforcement shall be implemented in accordance with W.Va. Code § 22-18-1, et seq., where practicable.
1.1.5. Permit applications shall be processed in accordance with the permitting procedures set forth in W.Va. Code § 22-18-1, et seq., 33CSR20, and this rule.
1.2. Authority. -- W.Va. Code §§ 22-5-4 and 22-18-6.
1.3. Filing Date. -- March 31, 2026.
1.4. Effective Date. -- June 1, 2026.
1.5. Sunset Provision. -- Does not apply.
1.6. Incorporation by reference.
1.6.1. 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 the provisions contained in 40 C.F.R. parts 260, 261, 262, 264, 265, 266, 270, and 279 as listed in Table 45-25 below, effective June 1, 2025.
1.6.2. This rule incorporates by reference the provisions contained in 33CSR20, “Hazardous Waste Management System” that are in effect on the date this rule becomes effective, except for any provision in 33CSR20 that incorporates by reference the Code of Federal Regulations.
W. Va. Code R. § 45-25-2 Definitions
2.1. “Air pollutants” means solids, liquids or gases which, if discharged into the air, may result in statutory air pollution.
2.2. “Air pollution” or “statutory 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.
2.3. “Air pollution control equipment” means any equipment used for collecting or converting hazardous waste emissions for the purpose of preventing or reducing emissions of these materials into the open air from hazardous waste treatment, storage or disposal facilities.
2.4. “Best Available Control Technology” or “BACT” means an emission standard based on the maximum degree of reduction for each pollutant that would be emitted from any hazardous waste treatment, storage or disposal facility that the Secretary, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for the facility through application of production processes or available methods, systems or techniques. If the Secretary determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard or combination thereof may be prescribed instead to satisfy the requirement for the application of best available control technology. The standard shall, to the extent possible, set forth the emission reduction achievable by implementation of the design, equipment, work practice or operational standard and shall provide for compliance by means that achieve equivalent results.
2.5. “CAA” means the federal Clean Air Act, as amended; 42 U.S.C. § 7401, et seq.
2.6. “C.F.R.” means the Code of Federal Regulations published by the Office of the Federal Register, National Archives and Records Service, General Services Administration.
2.7. “Department” or “DEP” means the West Virginia Department of Environmental Protection.
2.8. “Hazardous waste” means a hazardous waste as defined in 40 C.F.R. § 261.3.
2.9. “Infectious medical waste” shall have the meaning ascribed to it in 64CSR56 “infectious medical waste” promulgated by the West Virginia Bureau for Public Health.
2.10. “Pathological waste” means waste material consisting of only human or animal remains, anatomical parts or tissue, the bags or containers used to collect and transport the waste material, and animal bedding (if applicable).
2.11. “RCRA” means the federal Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act, as amended; 42 U.S.C. § 6901, et seq.
2.12. “RCRA permit” means “West Virginia hazardous waste management permit”. The following additional requirements shall apply to obtain a hazardous waste management permit in West Virginia. All references in 40 C.F.R. part 270 to 40 C.F.R. part 124 shall be deemed to be references to the applicable provisions of subsections 5.1 through 5.14 of this rule. To the extent of any inconsistency with 40 C.F.R. part 270, the specific provisions contained herein shall govern.
2.13. “Secretary” means the Secretary of the West Virginia 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.
2.14. “U.S. EPA” means the United States Environmental Protection Agency.
2.15. Other words or phrases not herein defined and used in this rule shall have the meaning as ascribed in W. Va. Code §§ 22-5-2 or 22-18-3 or 33CSR20 “Hazardous Waste Management System” governing the State Hazardous Waste Management Act.
W. Va. Code R. § 45-25-3 Adoption of standards
3.1. The Secretary hereby adopts and incorporates by reference the definitions, lists, tables, appendices, conditions, and requirements from 33CSR20, “Hazardous Waste Management System”, effective June 1, 2025, except as follows:
3.1.1. Any provisions in 33CSR20 which incorporate by reference the Code of Federal Regulations (C.F.R.);
3.1.2. The application fees and permit requirements under 11.3 through 11.18, inclusive. The permit provisions under §45-25-5 shall apply exclusively to the Division of Air Quality permitting activities;
3.1.3. In case of a conflict between the Division of Air Quality and the Division of Water and Waste Management as to whether a material is a waste and if so, whether the material is a hazardous waste, the Secretary has final administrative authority to resolve the conflict.
3.2. Unless otherwise indicated, the Secretary hereby adopts and incorporates by reference the provisions contained in 40 C.F.R. parts 260, 261, 262, 264, 265, 266, 270, and 279 as listed in Table 45-25, including any reference methods, performance specifications and other test methods appended to these parts and contained in parts 60, 61, 63, 260, 261, 262, 264, 265, 266, 270, and 279, effective June 1, 2025, with the following modifications:
3.2.1. Whenever the term “United States” is used, it shall also mean the State of West Virginia;
3.2.2. Whenever the terms “Administrator,” “Regional Administrator,” “Assistant Administrator for Solid Waste and Emergency Response” or “Secretary” are used, the term means the Secretary of the West Virginia Department of Environmental Protection;
3.2.3. Whenever the term “Environmental Protection Agency” is used the term also means the West Virginia Department of Environmental Protection; and
3.2.4. The distance provisions of 40 C.F.R. § 265.382 apply only to the open burning or open detonation of military explosives in a manner that presents an uncontrolled fragment release hazard. The applicable distance provisions of the American Table of Distances for Commercial Explosives, and of the Department of Defense Contractors Safety Manual for Ammunition and Explosives (DOD 4145.26-M), in effect as of the effective date of this rule, apply otherwise.
W. Va. Code R. § 45-25-4 Requirements
4.1. Owners and operators of hazardous waste treatment, storage, and disposal facilities regulated by the provisions of this rule shall maintain a list of all permits or construction approvals received or applied for under any of the following programs and their counterpart programs administered by the Secretary, where appropriate:
4.1.1. Hazardous Waste Management Program under W. Va. Code § 22-18-1, et seq. and the rules promulgated thereunder;
4.1.2. Prevention of Significant Deterioration (PSD) Program under W. Va. Code § 22-5-1, et seq. and 45CSR14 or the CAA;
4.1.3. Nonattainment program under W. Va. Code § 22-5-1, et seq. and 45CSR19 or the CAA;
4.1.4. National Emission Standards for Hazardous Air Pollutants (NESHAP) preconstruction approval under W. Va. Code § 22-5-1, et seq. and 45CSR34 or the CAA;
4.1.5. Standards of Performance for New Stationary Sources under W. Va. Code § 22-5-1, et seq. and 45CSR16 or the CAA; and
4.1.6. Other relevant air pollution control permits, including local permits.
4.2. Owners and operators of hazardous waste treatment, storage and disposal facilities covered under this rule must comply with the personnel training requirements as specified by 40 C.F.R. § 264.16.
4.3. Owners and operators of hazardous waste tanks, containers, surface impoundments, landfills, waste piles, land treatment, miscellaneous units, thermal treatment units, incinerators, and boiler and industrial furnace facilities must design, construct, maintain, and operate these facilities to minimize the possibility of a fire, explosion or any unplanned, sudden or non-sudden release of hazardous waste constituents to the air which could threaten human health or the environment.
4.4. Owners and operators of hazardous waste management facilities that treat, store or dispose of ignitable or reactive wastes or mix incompatible waste or incompatible wastes and other materials shall comply with the general requirements for ignitable, reactive or incompatible wastes set forth in 40 C.F.R. § 264.17.
4.5. The owners and operators of the hazardous waste treatment, storage, and disposal facilities shall manage all hazardous waste placed in a container in accordance with the applicable air emission requirements as listed in Table 45-25.
4.6. The owners and operators of the hazardous waste treatment, storage, and disposal facilities shall manage all hazardous waste placed in a tank in accordance with the applicable air emission requirements as listed in Table 45-25.
4.7. The owners and operators of the hazardous waste treatment, storage, and disposal facilities shall manage all hazardous waste placed in a surface impoundment in accordance with the applicable air emission requirements as listed in Table 45-25.
4.8. The owners and operators of the hazardous waste treatment, storage, and disposal facilities shall manage all hazardous waste placed in a miscellaneous unit in accordance with the applicable air pollution standard requirements of 40 C.F.R. 264, including but not limited to subparts AA, BB, and CC.
4.9. A hazardous waste pile must be fully enclosed or otherwise designed to prevent dispersal of the waste by wind.
4.10. Hazardous waste landfills must be covered or otherwise managed to prevent wind dispersal of the waste.
4.11. All landfills, surface impoundments, and land treatment facilities shall be located, designed, constructed, operated, maintained, and closed in a manner that will assure protection of human health and the environment. Protection of human health and the environment shall include prevention of adverse effects on air quality considering:
4.11.1. The volume and physical and chemical characteristics of the waste in the facility, including its potential for volatilization and wind dispersal;
4.11.2. The existing quality of the air, including other sources of contamination and their cumulative impact on the air;
4.11.3. The potential for health risks caused by human exposure to waste constituents;
4.11.4. The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents;
4.11.5. The potential for interference with the enjoyment of life or property; and
4.11.6. The persistence and permanence of the potential adverse effects.
4.12. Owners and operators of hazardous waste treatment, storage or disposal facilities shall utilize best available control technology (“BACT”) to limit the discharge of hazardous waste constituents to the atmosphere during:
4.12.1. Process turn-arounds;
4.12.2. Cleaning of process equipment;
4.12.3. Planned process shutdowns; and
4.12.4. Tank truck, railroad tank car, and barge cleaning.
4.13. The Secretary may, on a case-by-case basis, establish performance standards for hazardous waste combustion for control of emissions of metals, hydrogen halides, and elemental halogen, based on a finding that the standards are necessary to limit the emission rates of these constituents to levels that do not pose an unacceptable risk to human health and environment. The Secretary may require the following data from the permit applicant:
4.13.1. Emissions of principal organic hazardous constituents (POHCs), hazardous combustion by-products, metals, and hydrogen halides, including:
4.13.1.a. Mass emission rates from the stack, and
4.13.1.b. Concentration in the gas stream exiting the stack; and
4.13.2. Air dispersion estimates for those substances, including:
4.13.2.a. Meteorological data, and
4.13.2.b. Description of the air dispersion models, and
4.13.2.c. Assumptions underlying the air dispersion models used; and
4.13.3. Expected human and environmental exposure, including:
4.13.3.a. Topographic considerations,
4.13.3.b. Population distributions,
4.13.3.c. Population activities, and
4.13.3.d. Modes, intensity, and duration of exposure; and
4.13.4. Consequences of exposure, including:
4.13.4.a. Dose-response curves for carcinogens,
4.13.4.b. Health effects based on human or animal studies for other toxic constituents,
4.13.4.c. Potential for accumulation of toxic constituents in the human body, and
4.13.4.d. Statements of expected risk to individuals or populations.
4.14. Emergency Permit. -- Notwithstanding any other provision in 40 C.F.R. § 270.61, in the event the Secretary finds an imminent and substantial danger to human health or the environment, the Secretary may issue a temporary permit to a facility to allow treatment, storage or disposal of hazardous waste at a non-permitted facility or hazardous waste not covered by the permit for a facility with an effective permit. This emergency permit:
4.14.1. May be oral or written. If oral, it shall be followed within 5 days by written emergency permit;
4.14.2. Shall not exceed 90 days in duration;
4.14.3. Shall clearly specify the hazardous wastes to be received and the manner and location of the treatment, storage or disposal;
4.14.4. May be terminated by the Secretary at any time without prior notice, if the Secretary determines that termination is appropriate to protect human health or the environment; and
4.14.5. Shall be accompanied by public notice that includes the following:
4.14.5.a. Name and address of the office granting the emergency authorization,
4.14.5.b. Name and location of the permitted hazardous waste management facility,
4.14.5.c. A brief description of the wastes involved,
4.14.5.d. A brief description of the action authorized and reasons for authorizing it, and
4.14.5.e. Duration of the emergency permit; and
4.14.6. Shall incorporate, to the extent possible and not inconsistent with the emergency situation, all applicable requirements of this rule.
4.15. Pathological Waste Incinerators. -- The owner or operator of a pathological waste incinerator is not subject to the requirements of this rule, unless the incinerator is charged with any mixture of infectious medical waste and hazardous waste listed in 40 C.F.R. 261, subpart D. The owner or operator of a pathological waste incinerator shall design, construct, and operate the facility in accordance with all applicable rules promulgated by the Secretary including, but not limited to, this rule, 45CSR6, 45CSR13, 45CSR14, 45CSR18, 45CSR19, 45CSR30, and 45CSR34, as applicable.
W. Va. Code R. § 45-25-5 Permit Process
5.1. Pre-application public meeting and notice.
5.1.1. Applicability. -- The requirements of subsection 5.1 shall apply to West Virginia hazardous waste management Part B permit applications seeking initial permits for hazardous waste management units. These requirements shall also apply to West Virginia hazardous waste management Part B permit applications seeking renewal of permits for hazardous waste management units, where the renewal application is proposing a significant change in facility operations. A “significant change” is any change that would qualify as a Class 3 permit modification pursuant to 40 C.F.R. § 270.42. These requirements do not apply to permit modifications under 40 C.F.R. § 270.42 or to applications that are submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.
5.1.2. Prior to the submission of a West Virginia hazardous waste management Part B permit application for a facility, the applicant must hold at least 1 meeting with the public in order to solicit questions from the community and inform the community of proposed hazardous waste management activities. The applicant shall post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses or email addresses.
5.1.3. The applicant shall submit a summary of the meeting, along with the list of attendees and their addresses developed under subdivision 5.1.2 and copies of any written comments or materials submitted at the meeting, to the Secretary for inclusion with the Part B application, in accordance with 40 C.F.R. § 270.14(b).
5.1.4. The applicant must provide public notice of the pre-application meeting at least 30 days prior to the meeting. The applicant must maintain, and provide to the Secretary upon request, documentation of the notice.
5.1.4.a. The applicant shall provide public notice in all of the following forms:
5.1.4.a.1. A newspaper advertisement. -- The applicant shall publish a notice, fulfilling the requirements in paragraph 5.1.4.b, in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. In addition, the Secretary shall instruct the applicant to publish the notice in newspapers of general circulation in adjacent counties or equivalent jurisdictions, where the Secretary determines that the publication is necessary to inform the affected public. The notice must be published as a display advertisement;
5.1.4.a.2. A visible and accessible sign. -- The applicant shall post a notice on a clearly marked sign at or near the facility, fulfilling the requirements in paragraph 5.1.4.b. If the applicant places the sign on the facility property, then the sign must be large enough to be readable from the nearest point where the public would pass by the site;
5.1.4.a.3. A broadcast media announcement. -- The applicant shall broadcast a notice, fulfilling the requirements in paragraph 5.1.4.b, at least once on at least 1 local radio station or television station. The applicant may employ another medium with prior approval of the Secretary; and
5.1.4.a.4. A notice to the Department. -- The applicant shall send a copy of the newspaper notice to the Secretary and to the appropriate units of state and local government having jurisdiction over the area where the facility is or is proposed to be located and to each state agency having any authority under state law with respect to the construction or operation of the facility.
5.1.4.b. The notices required under paragraph 5.1.4.a must include:
5.1.4.b.1. The date, time, and location of the meeting;
5.1.4.b.2. A brief description of the purpose of the meeting;
5.1.4.b.3. A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location;
5.1.4.b.4. A statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access to participate in the meeting; and
5.1.4.b.5. The name, address, and telephone number of a contact person for the applicant.
5.2. Public notice requirements at the application stage.
5.2.1. Applicability. -- The requirements of subsection 5.2 shall apply to all West Virginia hazardous waste management Part B permit applications seeking initial permits for hazardous waste management units. These requirements shall also apply to hazardous waste management Part B permit applications seeking renewal of permits for hazardous waste management units upon the expiration of the existing permit. These requirements do not apply to permit modifications under 40 C.F.R. § 270.42 or permit applications submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.
5.2.2. Notification at application submittal. -- The Secretary shall provide public notice as required in subsection 5.2 when a Part B permit application has been submitted. The Secretary shall provide public notice to:
5.2.2.a. The applicant;
5.2.2.b. All persons on a mailing or e-mail list developed under subparagraph 5.8.4.a.4;
5.2.2.c. The appropriate units of state and local government having jurisdiction over the area where the facility is proposed to be located and to each state agency having any authority under state law with respect to the construction or operation of the facility that a Part B permit application has been submitted to the Secretary and is available for review; and
5.2.2.d. Any person otherwise entitled to receive notice under subdivision 5.2.2 may waive the right to receive notice for any classes and categories of permits.
5.2.3. The notice shall be published within 30 days after the complete application is received by the Secretary. The notice must include:
5.2.3.a. The name and telephone number of the applicant’s contact person;
5.2.3.b. The name and telephone number of the Secretary’s contact office and a mailing and e-mail address to which information, opinions, and inquiries may be directed throughout the permit review process;
5.2.3.c. An address to which people can write in order to be put on the facility mailing or e-mail list;
5.2.3.d. The location where copies of the permit application and any supporting documents can be viewed and copied;
5.2.3.e. A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location on the front page of the notice; and
5.2.3.f. The date that the application was submitted.
5.2.4. Concurrent with the notice required under subdivision 5.2.2, the Secretary must place the permit application and any supporting documents in a location accessible to the public in the vicinity of the facility or at the Department’s headquarters or the West Virginia Department of Environmental Protection website.
5.3. Information repository.
5.3.1. Applicability. -- The following requirements apply to all applicants seeking West Virginia hazardous waste management permits for hazardous waste management units.
5.3.2. The Secretary may assess the need, on a case-by-case basis, for an information repository. When assessing the need for an information repository, the Secretary shall consider a variety of factors, including: the level of public interest; the type of facility; the presence of an existing repository; and the proximity to the nearest copy of the administrative record. If the Secretary determines, at any time after submittal of a permit application, that there is a need for a repository, then the Secretary shall notify the facility that it must establish and maintain an information repository.
5.3.3. The information repository shall contain all documents, reports, data, and information deemed necessary by the Secretary to fulfill the purposes for which the repository is established. The Secretary shall have the discretion to limit the contents of the repository.
5.3.4. The information repository shall be located and maintained at a site chosen by the facility. If the Secretary finds the site unsuitable for the purposes and persons for which it was established, due to problems with the location, hours of availability, access or other relevant considerations, then the Secretary shall specify a more appropriate West Virginia Department of Environmental Protection website.
5.3.5. The Secretary shall specify requirements for informing the public about the information repository. At a minimum, the Secretary shall require the facility to provide a written notice about the information repository to all individuals on the facility mailing or e-mail list.
5.3.6. The facility owner or operator shall be responsible for maintaining and updating the repository with appropriate information throughout a time period specified by the Secretary. The Secretary may close the repository at his or her discretion, based on the factors in subdivision 5.3.2.
5.4. Application for a permit.
5.4.1. Any person who requires a permit shall complete, sign, and submit to the Secretary an appropriate application. Applications are not required for hazardous waste permits by rule issued by U.S. EPA pursuant to 40 C.F.R. § 270.60. The Secretary shall not begin processing a permit application until the applicant has fully complied with the application requirements for that permit. Permit applications must comply with the signature and certification requirements of 40 C.F.R. § 270.11.
5.4.2. The Secretary shall review every application for completeness. Each application submitted by a new hazardous waste management facility shall be reviewed for completeness by the Secretary within 30 days of its receipt. Each application submitted by an existing hazardous waste management facility (both Part A and Part B of the application) shall be reviewed for completeness within 60 days of receipt. Upon completing the review, the Secretary shall notify the applicant in writing whether the application is complete. If the application is incomplete, the Secretary shall list the information necessary to make the application complete. When the application is for an existing hazardous waste management facility, the Secretary shall specify in the notice of deficiency a date for submitting the necessary information. The Secretary shall notify the applicant that the application is complete upon receiving this information. After the application is completed, the Secretary may request additional information from the applicant, but only when necessary to clarify, modify or supplement previously submitted materials. The request for additional information will not render an application incomplete.
5.4.3. If the applicant fails or refuses to correct deficiencies in the application, the Secretary may deny the permit and may take appropriate enforcement actions under the applicable statutory provisions of W.Va. Code §§ 22-18-1, et seq. and 22-5-1, et seq.
5.4.4. If the Secretary decides that a site visit is necessary for any reason in conjunction with the processing of an application, he or she shall notify the applicant and schedule a date for the site visit.
5.4.5. The effective date of an application is the date on which the Secretary notifies the applicant that the application is complete as provided for in subdivision 5.4.2.
5.4.6. For each application, the Secretary shall, no later than the date the Secretary receives a complete application, prepare and mail or e-mail to the applicant a project decision schedule. The schedule shall specify target dates by which the Secretary intends to:
5.4.6.a. Prepare a draft permit;
5.4.6.b. Give public notice;
5.4.6.c. Complete the public comment period, including any public hearing; and
5.4.6.d. Issue a final permit.
5.5. Modification, revocation and reissuance or termination of permits.
5.5.1. Permits may be modified, revoked and reissued, or terminated either at the request of an interested person (including the permittee) or upon the Secretary’s initiative. However, permits shall only be modified, revoked and reissued, or terminated for the reasons specified in 40 C.F.R. §§ 270.41 or 270.43. All requests shall be in writing and contain facts or reasons supporting the request.
5.5.2. If the Secretary decides the request is not justified, he or she shall send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice, comment or hearing. Denials by the Secretary may be appealed to the Air Quality Board in accordance with W. Va. Code § 22B-1-1, et seq. and 22B-2-1, et seq.
5.5.2.a. If the Secretary initially decides to modify or revoke and reissue a permit under 40 C.F.R. §§ 270.41 or 270.42(c), he or she shall prepare a draft permit under subsection 5.6 below incorporating the proposed changes. The Secretary may request additional information and, in the case of a modified permit, may require the submission of an updated application. In the case of a revoked and reissued permit, the Secretary shall require the submission of a new application.
5.5.2.b. In a permit modification, only those conditions to be modified shall be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit. When a permit is revoked and reissued, the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance proceeding, the permittee shall comply with all conditions of the existing permit until a new final permit is reissued.
5.5.2.c. “Classes 1 and 2 modifications” as defined in 40 C.F.R. §§ 270.42(a) and (b) are not subject to the requirements of this subsection.
5.5.3. If the Secretary decides to terminate a permit under 40 C.F.R. § 270.43, he or she shall issue a Notice of Intent to Terminate. A Notice of Intent to Terminate is a type of draft permit that follows the same procedures as any draft permit prepared under subsection 5.6 below.
5.6. Draft permits.
5.6.1. Once an application is complete, the Secretary shall decide whether to prepare a draft permit or to deny the application.
5.6.2. If the Secretary decides to deny the permit application, he or she shall issue a Notice of Intent to Deny. A Notice of Intent to Deny the permit application is a type of draft permit which follows the same procedures as a draft permit. If the Secretary’s final decision is that the initial decision to deny the permit application was incorrect, he or she shall withdraw the Notice of Intent to Deny and proceed to prepare a draft permit.
5.6.3. If the Secretary decides to issue a permit, he or she shall prepare a draft permit that contains the following information:
5.6.3.a. All conditions under 40 C.F.R. §§ 270.30 and 270.32;
5.6.3.b. All compliance schedules under 40 C.F.R. § 270.33;
5.6.3.c. All monitoring requirements under 40 C.F.R. § 270.31; and
5.6.3.d. Standards for treatment, storage, disposal, and other permit conditions under 40 C.F.R. § 270.30.
5.6.4. All draft permits prepared by the Secretary shall be accompanied by a fact sheet if required under subdivision 5.7.1 and shall be based on the administrative record, publicly noticed and made available for public comment.
5.6.5. In addition to the requirements of subsection 5.6, public notice of the preparation of a draft permit shall be given by the methods contained in the applicable Federal Regulation.
5.7. Fact Sheet.
5.7.1. The Secretary shall prepare a fact sheet for each draft permit that he or she finds is the subject of wide-spread public interest or raises major issues. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, and methodological and policy questions considered in preparing the draft permit. The Secretary shall send the fact sheet to the applicant and to anyone who requests it.
5.7.2. The fact sheet shall include when applicable:
5.7.2.a. A brief description of the type of facility or activity which is the subject of the draft permit;
5.7.2.b. The type and quantity of waste, fluids or pollutants which are proposed to be or are being treated, stored, disposed of, injected, emitted or discharged;
5.7.2.c. A brief summary of the basis for the draft permit conditions, including references to applicable statutory or regulatory provisions and appropriate supporting references to the administrative record;
5.7.2.d. Reasons why any requested variances or alternatives to required standards do or do not appear justified;
5.7.2.e. A description of the process for reaching a final decision on a draft permit, including;
5.7.2.e.1. The beginning and the ending dates of the comment period and the address where comments will be received;
5.7.2.e.2. Procedures for requesting a hearing and the nature of that hearing; and
5.7.2.e.3. Any other procedures by which the public may participate in the final decision; and
5.7.2.f. Name and telephone number of a person to contact for additional information.
5.8. Public notice of permit actions and public comment period.
5.8.1. Scope. -- The Secretary shall give public notice if the following actions have occurred:
5.8.1.a. A draft permit has been prepared; and
5.8.1.b. A hearing has been scheduled.
5.8.2. No public notice is required when the Secretary denies, pursuant to subsection 5.5, a request for permit modification, revocation and reissuance, or termination. The Secretary shall provide written notice of that denial to the requester and to the permittee.
5.8.3. Timing. -- Public notice of the preparation of a draft permit, including a Notice of Intent to Deny a Permit Application, required under subdivision 5.8.1 shall allow at least 45 days for public comment. Public notice of a public hearing shall be given at least 30 days before the hearing. Public notice of the hearing may be given at the same time as public notice of the draft permit and the 2 notices may be combined.
5.8.4. Methods. -- The Secretary shall provide public notice of activities described in subdivision 5.8.1 by the following methods:
5.8.4.a. By mailing or e-mailing a copy of a notice to the following persons (any person otherwise entitled to receive notice under this paragraph may waive his or her rights to receive notice for any classes and categories of permits):
5.8.4.a.1. The applicant;
5.8.4.a.2. The West Virginia Division of Water and Waste Management and the Division of Air Quality, if those agencies are required to issue a RCRA permit, an underground injection control (UIC) permit, a prevention of significant deterioration (PSD) permit or other permit under the Clean Air Act and W.Va. Code § 22-5-1 et seq., a National Pollutant Discharge Elimination System (NPDES) permit, or a sludge management permit for the same facility or activity;
5.8.4.a.3. Federal and state agencies with jurisdiction over fish, shell fish, and wildlife resources and over coastal zones management plans, the advisory council on historic preservation, and the State Historic Preservation Office, as applicable;
5.8.4.a.4. Persons on a mailing or e-mail list developed by:
5.8.4.a.4.A. Including those who request in writing to be on the list;
5.8.4.a.4.B. Soliciting persons for “area lists” from participants in past permit proceedings in that area; and
5.8.4.a.4.C. Notifying the public of the opportunity to be put on the mailing or e-mail list through periodic publication in the public press and in regional and state funded newsletters, environmental bulletins or state law journals. The Secretary may update the mailing or e-mail lists from time to time by requesting written indications of continued interest from those listed. The Secretary may delete from the lists the name of any person who fails to respond to the request;
5.8.4.a.5. To any unit of local government having jurisdiction over the area where the facility is proposed to be located; and
5.8.4.a.6. To each state agency having any authority under state law with respect to the construction or operation of the facility.
5.8.4.b. Publication of a notice in a daily or weekly major local newspaper of general circulation and broadcast over local radio stations;
5.8.4.c. In a manner constituting legal notice to the public under state laws; and
5.8.4.d. Any other method reasonably calculated to give actual notice of the action in question to the person potentially affected by it, including press releases or any other forum or medium to elicit public participation.
5.8.5. Public notices. -- All public notices issued shall contain the following minimum information:
5.8.5.a. Name and address of the office processing the permit action for which notice is being given;
5.8.5.b. Name and address of the permittee or the permit applicant and, if different, of the facility or activity regulated by the permit;
5.8.5.c. A brief description of the business conducted at the facility or activity described in the permit application or the draft permit;
5.8.5.d. Name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit and fact sheet and the application;
5.8.5.e. A brief description of the comment procedures required by subsections 5.9 and 5.10 and the time and place of any hearing that will be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled) and other procedures by which the public may participate in the final decision;
5.8.5.f. The location of the administrative record, the times that the record shall be open for public inspection; and
5.8.5.g. Any additional information considered necessary or proper by the applicant and the Secretary.
5.8.6. Public notices for hearings. -- In addition to the general public notice described in subdivision 5.8.5, the public notice of a hearing shall contain the following information:
5.8.6.a. Reference to the date of previous public notices relating to the permit;
5.8.6.a.1. Date, time, and place of the hearing; and
5.8.6.a.2. A brief description of the nature and purpose of the hearing, including the applicable rules and procedures;
5.8.7. In addition to the general public notice described in subdivision 5.8.5, the Secretary shall mail or e-mail to all persons identified in subparagraphs 5.8.4.a.1, 5.8.4.a.2, and 5.8.4.a.3 a copy of the fact sheet, the permit application, and the draft permit, as applicable.
5.9. Public comments and requests for public hearing. -- During the public comment period provided under subsection 5.8, any interested person may submit written comments on the draft permit and may request a public hearing, if no hearing has already been scheduled. A request for a public hearing shall be in writing and state the nature of the issues proposed to be raised in the hearing. The Secretary shall consider all comments in making the final decision and shall respond to the comments as provided in subsection 5.13.
5.10. Public hearings.
5.10.1. The Secretary shall hold a public hearing whenever he or she finds, on the basis of requests, a significant degree of public interest in a draft permit.
5.10.2. The Secretary may also hold a public hearing, at his or her discretion, whenever, for instance, a hearing might clarify 1 or more issues involved in the permit decision.
5.10.3. The Secretary shall hold a public hearing whenever he or she receives written notice of opposition to a draft permit and a request for a hearing within 45 days of public notice under subdivision 5.8.3. Whenever possible the Secretary shall schedule a hearing at a location convenient to the nearest population center to the proposed facility.
5.10.4. The Secretary shall provide public notice of the hearing as specified in subsection 5.8.
5.10.5. Whenever a public hearing will be held, the Secretary shall designate a presiding officer for the hearings who shall be responsible for its scheduling and orderly conduct.
5.10.6. Any person may submit oral or written statements and data concerning the draft permit. The Secretary may set reasonable limits on the time allowed for oral statements and may require the submission of statements in writing. The public comment period under subsection 5.8 shall automatically be extended to the close of any public hearing. The Secretary may also extend the comment period by so stating at the hearing.
5.10.7. A tape recording or written transcript of the hearing shall be made available to the public.
5.11. Reopening of the public comment period.
5.11.1. If any data, information or arguments submitted during the public comment period appear to raise substantial new questions concerning a permit, the Secretary may take 1or more of the following actions:
5.11.1.a. Prepare a new draft permit, appropriately modified, under subsection 5.6;
5.11.1.b. Prepare a revised fact sheet under subsection 5.7 and reopen the comment period; and
5.11.1.c. Reopen or extend the comment period under subsection 5.11 to give interested persons an opportunity to comment on the information or arguments submitted.
5.11.2. Comments filed during the reopened comment period shall be limited to the substantial new questions that caused its reopening. The public notice under subsection 5.8 shall define the scope of the reopening.
5.11.3. The Secretary shall issue public notice of any of the above actions in accordance with subsection 5.8.
5.12. Issuance and effective date of permit.
5.12.1. After the close of the public comment period on a draft permit, the Secretary shall issue a final permit decision. The Secretary shall notify the applicant and each person who has submitted written comments or requested notice of the final permit decision. The notice shall include reference to the procedures for appealing a decision on the permit. A final permit decision means a final decision to issue, deny, modify, revoke and reissue, or terminate a permit.
5.12.2. A final permit decision shall become effective 30 days after the service of Notice of Decision unless:
5.12.2.a. A later effective date is specified in the decision;
5.12.2.b. An interested party requests review or an evidentiary hearing; or
5.12.2.c. No comments requested change in the draft permit, in which case the permit shall become effective immediately upon issuance.
5.13. Response to comments.
5.13.1. At the time that any final permit decision is issued, the Secretary shall issue a response to comments. This response shall:
5.13.1.a. Specify which provisions, if any, of the draft permit have been changed in the final permit decision and the reasons for the change; and
5.13.1.b. Briefly describe and respond to all relevant comments on the draft permit or the permit application raised during the public comment period, or during any hearing.
5.13.2. The response to comments shall be available to the public.
5.14. Administrative record.
5.14.1. The provisions of a draft permit prepared under subsection 5.6 shall be based on the administrative record consisting of:
5.14.1.a. The application and any supporting data furnished by the applicant;
5.14.1.b. The draft permit or notice of intent to deny the application or to terminate the permit;
5.14.1.c. The fact sheet if required;
5.14.1.d. All documents cited in the fact sheet; and
5.14.1.e. Other documents contained in the supporting file for the draft permit.
5.14.2. The Secretary shall base final permit decisions on the administrative record consisting of:
5.14.2.a. Administrative record for the draft permit;
5.14.2.b. All comments received during the public comment period provided under subsection 5.5, including any extension or reopening under subsection 5.11;
5.14.2.c. The tape or transcript of any hearing(s) held under subsection 5.10;
5.14.2.d. Any written material submitted at the hearing;
5.14.2.e. The response to comments required by subsection 5.13, which identified and support any change made in the draft permit and any new material placed in the record under subsection 5.13;
5.14.2.f. Other documents contained in the supporting file for the permit;
5.14.2.g. An addendum to the fact sheet if needed; and
5.14.2.h. The final permit.
5.14.3. The administrative record shall be complete on the date the final permit is issued.
5.14.4. Material readily available at the Department or published material that is generally available and that is included in the administrative record under subdivisions 5.14.1 and 5.14.2 need not be physically included with the rest of the record, as long as it is specifically referred to in the fact sheet or in the addendum to the fact sheet.
5.15. Public access to information.
5.15.1. Any record, report or information and any permit, permit application, and related documentation within the Secretary’s possession shall be available to the public for inspection and copying; provided, that, upon a satisfactory showing to the Secretary that the records, reports, permit documentation or information, or any part thereof would, if made public, divulge methods or processes or activities entitled to protection as trade secrets, the Secretary shall consider, treat, and protect the records as confidential pursuant to W.Va. Code §§ 22-18-1, et seq. 22-5-1, et seq., and 29B-1-4.
5.15.2. It shall be the responsibility of the person claiming any information as confidential under the provision of subdivision 5.15.1 to comply with the requirements of 45CSR31 and W. Va. Code § 29B-1-1, et seq.
5.16. The provisions of 40 C.F.R. § 270.12 are excepted from incorporation by reference. Availability of information provided under this rule is controlled by the provisions of W. Va. Code §§ 22-18-1, et seq. 22-5-1, et seq., and 29B-1-1, et seq.
W. Va. Code R. § 45-25-6 Exclusions and exemptions
6.1. Wastes and materials excluded in 33CSR20 are excluded from the requirements of this rule.
6.2. Except for recyclable materials exempt pursuant to 33CSR20, hazardous wastes that are stored prior to recycling are subject to all applicable provisions of section 4 of this rule.
6.3. Any pathological waste incinerator not subject to this rule under subsection 4.15 shall be subject to 45CSR6 or 45CSR18, as applicable.
W. Va. Code R. § 45-25-7 Application fee
7.1. Any person who applies for a permit for the construction and/or operation of an air emitting hazardous waste treatment, storage or disposal facility shall submit as part of the permit application the applicable fee set forth below for deposit into the Air Pollution Control Fund:
Activity Fee Hazardous waste management facilities $5,000 Class 2, 3 modifications or renewals of permits and 40 C.F.R. § 270.41 for hazardous waste management facilities $1,000 Class 1 modifications $500
7.2. These application fees shall be in addition to any fee required by the Hazardous Waste Management System rule, 33CSR20.
W. Va. Code R. § 45-25-8 Inconsistency between rules
8.1. 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.
TABLE 45-25 40 C.F.R. Part 260 - Hazardous Waste Management System: General B Definitions 260.11 Incorporation by reference 40 C.F.R. Part 261 - Identification and Listing of Hazardous Waste A General 261.4 Exclusions.
A General 261.6 Requirements for recyclable materials A General 261.7 Residues of hazardous waste in empty containers 40 C.F.R. Part 262 - Standards Applicable to Generators of Hazardous Waste A General 262.17 Conditions for exemption for a large quantity generator that accumulates hazardous waste 40 C.F.R. Part 264 - Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities B General Facility Standards 264.15 General inspection requirements 264.16 Personnel training 264.17 General requirements for ignitable, reactive, or incompatible wastes E Manifest System, Recordkeeping, and Reporting 264.73 Operating record I Use and Management of Containers 264.179 J Tank Systems 264.200 K Surface Impoundments 264.232 O Incinerators X Miscellaneous Units AA Air emission standards for process vents BB Air emission standards for equipment leaks CC Air emission standards for tanks, surface impoundments, and containers 40 C.F.R. Part 265 - Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities B General Facility Standards 265.15 General inspection requirements 265.16 Personnel training 265.17 General requirements for ignitable, reactive, or incompatible wastes E Manifest System, Recordkeeping, and Reporting 264.73 Operating record I Use and Management of Containers 265.178 J Tank Systems 265.202 K Surface Impoundments 265.231 O Incinerators P Thermal Treatment AA Air emission standards for process vents BB Air emission standards for equipment leaks CC Air emission standards for tanks, surface impoundments, and containers
Appendix Appendices to part 265
Appendix VI
Appendix VI to part 265 - compounds with Henry’s Law constant less than 0.1 y/x 40 C.F.R. Part 266 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities H Hazardous waste burned in boilers and industrial furnaces
Appendix Appendices to Part 266
Appendix I - XIII 40 C.F.R. Part 270 - The Hazardous Waste Permit Program and Standardized Permit B Permit application 270.11 Signatories to permit applications and reports 270.14(b)
Contents of part B: general information requirements 270.19 Specific part B information requirements for incinerators 270.22 Specific part B information requirements for boilers and industrial furnaces burning hazardous waste 270.23 Specific part B information requirements for incinerators 270.24 Specific part B information requirements for process vents 270.25 Specific part B information requirements for equipment leaks 270.27 Specific part B information requirements for air emission controls for tanks, surface impoundments and containers C Permit Conditions 270.30 Conditions applicable to all permits 270.31 Requirements for recording and reporting of monitoring results 270.32 Establishing permit conditions 270.33 Schedules of compliance D Changes to permit 270.41 Modification or revocation and reissuance of permits 270.42 Permit modification at the request of the permittee 270.43 Termination of permits
Appendix
Appendix I to §270.42 - classification of permit modification F Special forms of permits 270.62 Hazardous waste incinerator permits 270.66 Permits for boilers and industrial furnaces burning hazardous waste G Interim status 270.72 Changes during interim status I Integration with Maximum Achievable Control Technology (MACT) standards 270.235 Options for incinerators, cement kilns, lightweight aggregate kilns, solid fuel boilers, liquid fuel boilers and hydrochloric acid production furnaces to minimize emissions from startup, shutdown, and malfunction events 40 C.F.R. Part 279 - Standards for the Management of Used Oil C Standards for used oil generators 279.23 On-site burning in space heaters G Standards for used oil burners who burn off-specification used oil for energy recovery
Series 27 To Prevent And Control The Emissions Of Toxic Air Pollutants
W. Va. Code R. § 45-27-1 General
1.1. Scope. -- The purpose of 45CSR27 is to prevent and control the discharge of toxic air pollutants requiring the application of best available technology.
1.2. Authority. -- W. Va. Code '22-5-1 et seq.
1.3. Filing Date. -- May 1, 1990.
1.4. Effective Date. -- June 30, 1990.
W. Va. Code R. § 45-27-2 Definitions
2.1. "Air Pollution", 'statutory air pollution' has the meaning ascribed to it W. Va. Code '22-5-2.
2.2. "Air Pollution control Device" means any equipment used for the purpose of preventing, reducing, or controlling the emission of toxic air pollutants into the open air.
2.3. "BAT", 'Best Available Technology' means an emissions limitation requiring the application of the maximum degree of reduction and control which the Director, on a case-by-case basis, determines is achievable for each toxic air pollutant which would be emitted from any stack, pipe, air pollution control device, or from any other equipment or facilities associated with a chemical processing unit. In the case of chemical processing units constructed or modified after the effective date of this rule, BAT may be less stringent than requirements for new or modified units. for all facilities, BAT shall represent the maximum degree of emission reduction that the Director determines is achievable taking into consideration the cost of achieving such mission reduction, and public health and environmental impacts. No BAT proposal shall be approvable that represents a level of control less stringent than any requirement for a chemical processing unit under 40CFR61 or 40CFR60. BAT shall include but not be limited to measures which:
2.3.a. reduce or eliminate the emission rate of toxic pollutants through process changes or substitution of materials,
2.3.b. enclose or seal equipment or systems to eliminate toxic air pollutant emissions,
2.3.c. collect, capture, destroy and/or otherwise treat toxic air pollutants released from a process, stack, storage, or fugitive emissions point,
2.3.d. are work practice or operational methods.
2.4. "Chemical Processing Unit" means an assembly of reactors, tanks, distillation columns, heat exchangers, vaporizers, compressors, dryers, decanters, and/or other equipment used to treat, store, manufacture, or use toxic air pollutants. For the purpose of this rule, the term chemical processing unit includes surface coating equipment or similar equipment utilizing a toxic air pollutant as a solvent or for other purposes but does not include equipment used in the production and distribution of petroleum products providing that such equipment does not produce or contact materials containing more than 5% benzene by weight.
2.5. [RESERVED]
2.6. "Director" means the Director of the Division of Environmental Protection.
2.7. "Plant" or "facility" means all chemical processing units existing on one or more contiguous or adjacent properties, which are owned by or under the control of the same person or persons.
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. "Stack", for the purpose of this rule, means, but is not limited to, any stack, vent, duct, control equipment exhaust, or similar apparatus, from which a toxic air pollutant is or may be emitted into the open air.
2.10. "Toxic Air Pollutant" means any of the following chemicals: Acrylonitrile, Allyl chloride, Benzene, 1,3,-Butadiene, Carbon tetrachloride, Chloroform, Ethylene dichloride, Ethylene oxide, Formaldehyde, Methylene chloride, Propylene oxide, Trichloroethylene, Vinyl chloride, Vinylidene chloride.
2.11. "Toxic Air Pollutant Service" means for the purpose of this rule that a piece of equipment such as a pump, valve or flange contains or contacts a process fluid containing 10% or more by weight of a toxic air pollutant.
2.12. "Modification" or "Modified" means any physical change or change in the method of operation of a chemical processing unit which increases its potential to emit a toxic air pollutant.
W. Va. Code R. § 45-27-3 Chemical Processing Units
3.1. Except as provided in Sections 3.2 and 3.3 of this rule, the owner or operator of a plant that discharges or may discharge a toxic air pollutant into the open air in excess of the amount shown in the Table A shall employ BAT at all chemical processing units emitting the toxic air pollutant: Provided, that any source or equipment specifically subject to a federal regulation or standard shall not be required to comply with provisions more stringent than such regulation or standard.
3.2. A BAT program for a plant containing multiple chemical processing units or emission sources may, for each chemical, consider the overall effectiveness of emissions control measures within a unit or the plant. All BAT programs shall fully consider the additive or cumulative health and environmental impacts of multiple pollutant and multiple unit emissions.
3.3. The Director may exempt a chemical processing unit from the BAT requirement if the owner/operator can demonstrate to the satisfaction of the Director that the maximum toxic air pollutant emissions from the source or unit, taking into the consideration all other toxic air pollutant sources at the plant and other sources in the area of the plant, cause insignificant impacts upon public health and the environment. If the Director so exempts a unit from the BAT requirement, the maximum emission rates of toxic air pollutants discharged to the air from the unit shall be set forth as enforceable limitations within the compliance program required or established under Section 11 of this rule.
3.4. All chemical processing units shall be properly instrumented to alert the operator of process upsets, leaks, and other abnormal discharges of toxic air pollutants into the air and the operator shall record all such incidents and the associated emissions estimated from direct measurements of toxic air pollutant concentration and/or calculations using other process measurements.
3.5. The Director may on a case-by-case basis require the installation and proper operation of monitoring devices to continuously or intermittently determine the concentrations or mass emission rates of toxic air pollutants normally or routinely emitted to the air.
W. Va. Code R. § 45-27-4 Fugitive Emissions of Toxic Air Pollutants
4.1. All owners and operators subject to the requirements of this rule shall, by application of BAT, prevent and control fugitive emissions to the air of toxic air pollutants as a result of leakage from equipment in toxic air pollutant service including but not limited to, pump seals, compressor seals, valves, sampling connections, open-ended lines, safety relief valves, and flanges. In no event shall any equipment standard, program, or work practice less stringent than required under 40CFR61, Subpart V be deemed to represent BAT for control of toxic air pollutant emissions: Provided, that any source or equipment specifically subject to a federal regulation or standard shall not be required to comply with provisions more stringent than such federal regulation and standard. Equipment to be used in toxic air pollutant service installed after the effective date of this rule shall, to the maximum extent possible, be designed and operated so as to prevent leaks of toxic air pollutants.
4.2. In quantifying plant or facility emissions of a toxic air pollutant pursuant to determining the applicability of this rule under Section 3.1, emissions from potentially leaking equipment components which handle streams containing the toxic air pollutant shall be included. Such quantification shall be in accordance with estimation methods approved by the Director.
W. Va. Code R. § 45-27-5 Tanks
5.1. Owners and operators of chemical processing units or facilities subject to the requirements of this rule shall prevent and control working and filling losses of toxic air pollutants from tanks by routing such tank emissions to BAT control devices. The Director may approve the use of floating roof storage tanks as BAT, provided that such tanks are designed and operated in a manner which minimizes toxic air pollutant emissions taking into consideration the toxic air pollutant emission rate, tank size, and control efficiency associated with such tanks. On a case-by-case basis, the Director may exempt very small process or storage tanks or tanks storing material mixtures containing low mass fractions of toxic air pollutants from the BAT requirements taking into consideration the actual level of emissions control and/or the toxic air pollutant emission rate from the tank.
W. Va. Code R. § 45-27-6 Wastewater from Chemical Processing Units
6.1. Owners and operators of chemical processing units and/or wastewater treatment systems subject to this rule shall employ BAT to remove and control or destroy toxic air pollutants from wastewater at the source and/or apply BAT at the wastewater treatment plant to prevent or control the discharge to toxic air pollutants resulting from air stripping or evaporation: Provided, that this provision shall not be more stringent than any specifically applicable federal regulation or standard.
6.2. In quantifying total plant or facility emissions of a toxic air pollutant pursuant to determining the applicability of this rule under Section 3.1, emissions of a toxic air pollutant resulting from the discharge of the toxic air pollutant to wastewater streams and the subsequent treatment of wastewater shall be included. Emissions shall be determined by a method specified or approved by the Director.
6.3. The Director may exempt wastewater treatment units, tanks, or equipment from the requirement for BAT if the owner or operator can demonstrate to the satisfaction of the Director that air stripping or volatilization and emission to the air of toxic air pollutants from such sources does not occur or is insignificant from the standpoint of emissions and/or impact upon public health.
W. Va. Code R. § 45-27-7 Loading and Unloading Railcars and Tank Trucks
7.1. Owners and operators of chemical processing units or facilities subject to the requirements of this rule shall employ BAT to prevent or control toxic air pollutant discharges in the loading and unloading of railcars and tank trucks with toxic air pollutants or material mixtures containing toxic air pollutants.
W. Va. Code R. § 45-27-8 Registration
8.1. No later than ninety (90) days after the effective date of this rule, all persons owning and/or operating an existing chemical processing unit(s) which discharges or may discharge a toxic air pollutant shall register each such chemical processing unit with the Director. The information required for registration shall be determined by the Director, and shall be provided in the manner specified by the Director.
W. Va. Code R. § 45-27-9 Permits
9.1. No person shall construct, modify, or relocate chemical processing units) without first obtaining a permit in accordance with the provisions of W. Va. Code '22-5-11,and all applicable rules of this agency. If the construction of a new chemical processing unit or the modification of an existing chemical processing unit at a plant increases total plant emissions of a toxic air pollutant to a level in excess of that in Table A, all chemical processing units emitting the pollutant shall be come subject to BAT requirements or alternatively total plant emissions of the toxic air pollutant shall be reduced below the level of Table A.
W. Va. Code R. § 45-27-10 Reports, Records and Testing
10.1. At such reasonable times as the Director may designate, the owner or operator of any chemical processing unit may be required to conduct or have conducted tests to determine the compliance with this rule. Such tests shall be conducted in such manner as the Director may specify or approve and be filed on forms and in a manner specified by the Director. The Director, or his duly authorized representative, may at his option witness or conduct such tests. Should the Director exercise his option to conduct such tests, the operator will provide all the necessary sampling connections and sampling ports to be located in such manner as the Director may require, power for test equipment, and the required safety equipment such as scaffolding, railing, and ladders to comply with generally accepted good safety practices.
10.2. The Director, or his duly authorized representative, may conduct such other tests as he may deem necessary to evaluate toxic air pollutant emissions.
10.3. Written records shall be maintained that identify all pumps, compressors, pressure relief valves, valves, sampling connections, open-ended lines, and flanges of a chemical processing unit that are in toxic air pollutant service. These records shall record the results of all monitoring and inspections, emissions control measures applied and the nature, timing, and results of repair efforts.
10.4. The emission to the air of any toxic air pollutant resulting from an abnormal release or spill in excess of the following amounts shall be reported to the Director or his authorized representative not later than 24-hours after the chemical processing unit owner/operator has knowledge of such emission:
10.4.a. For ethylene oxide, and vinyl chloride, one (1) pound
10.4.b. For acrylonitrile and butadiene, ten (10) pounds
10.4.c. For all other toxic air pollutants, fifty (50) pounds.
The owner or operator shall file a written report with the Director stating the details of all such incidents resulting in the emission of more than fifty (50) pounds of any toxic air pollutant within seven (7) days of the occurrence. The owner/operator shall submit to the Director, at his request, records of all abnormal toxic air pollutant discharges to the air.
10.5. Any period of failure or inoperability of air pollution control equipment required by this rule shall be reported to the Director not later than 24-hours after the owner/operator has knowledge of such failure. Such reports shall be made in conjunction with necessary requests for variances as provided under Section 12.
W. Va. Code R. § 45-27-11 Compliance Programs and Schedules
11.1. In the event that a chemical processing unit in existence prior to the adoption of this rule does not meet the requirements of this rule an acceptable program to fully comply with this rule shall be submitted to the Director by July 1, 1991 by the owner or operator. Any compliance program for a chemical processing unit submitted to the Director on or before April 1, 1991 and approved by the Director within a Consent Order on or before June 30, 1991 shall be accepted as and deemed to be a voluntary emission reduction plan. A compliance program may be submitted to the Director for individual chemical processing units or alternatively a single compliance program for all chemical processing units at one plant may be submitted.
11.2. In proposing a BAT plan, the owner or operator must fully document and describe all potentially applicable emissions control measures or technologies and fully justify that any selected control measure providing less emission reduction than the most stringent measures achieved in practice for similar processes is technologically or economically infeasible for application to a particular chemical process unit requiring BAT.
11.3. Upon approval by the Director of a compliance program, the owner or operator of a chemical processing unit or facility is not in violation of this rule so long as the approved or amended compliance program is observed: Provided, that the Director may re-evaluate toxic air pollutant emissions, control technology employed, and risks to public health at the end of a seven (7) year period following completion of each compliance program and may require additional or improved control measures.
11.4. Any compliance programs or Consent Orders that have previously been approved by the Director shall remain in effect unless an emissions control program required by this rule must replace a prior program with more stringent control measures.
11.5. All compliance plans and orders required or approved under this rule shall contain detailed compliance plans with increments of progress, schedules or completion dates and to the extent possible, shall set forth maximum compliance emission rates for controlled sources upon completion of the compliance program.
11.6. In the event that an owner or operator subject to this rule fails to submit an acceptable compliance program by July 31, 1991, the Director shall, by Order, determine the compliance program.
W. Va. Code R. § 45-27-12 Variance
12.1. Due to unavoidable malfunction of equipment or other conditions resulting in emissions exceeding a level established in the compliance program, emissions exceeding those provided for in this rule may be permitted by the Director for periods not to exceed ten (10) days upon specific application to the Director. Such application shall be made within twenty-four (24) hours of the malfunction. In cases of major equipment failure, additional time periods may be granted by the Director provided a corrective program has been submitted by the owner or operator and approved by the Director.
W. Va. Code R. § 45-27-13 Inconsistency Between Rules
13.1. In the event of any inconsistency between this rule and any other rule of the Director, the resolution of 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.
TABLE A
Pounds/year Acrylonitrile 500 Allyl Chloride 10,000 Benzene 1,000 1,3 Butadiene 500 Carbon Tetrachloride 1,000 Chloroform 1,000 Ethylene Dichloride 1,000 Ethylene Oxide 500 Formaldehyde 1,000 Methylene Chloride 5,000 Propylene Oxide 5,000 Trichloroethylene 10,000 Vinyl chloride 1,000 Vinylidene Chloride 2,000 45CSR27
Series 28 Air Pollutant Emissions Banking And Trading
W. Va. Code R. § 45-28-1 General
1.1. Scope. -- The purpose of this rule is to establish a voluntary statewide air pollutant emissions trading program which provides incentives to make progress toward the attainment or maintenance of the national ambient air quality standards, the reduction or prevention of hazardous air pollutant emissions and the protection of human health, welfare and the environment.
1.2. Authority. -- W. Va. Code '22-5-1 et seq.
1.3. Filing Date. -- June 2, 2000.
1.4. Effective Date. -- August 31, 2000.
W. Va. Code R. § 45-28-2 Definitions
2.1. Definitions of all terms used, but not defined in this section shall have the meaning given them in W. Va. Code '22-5-2.
2.2. AActual emissions@ means the average rate, in tons per year, tons per ozone season, or other applicable averaging period at which the source, process, or process equipment actually emitted an air pollutant during a selected averaging period.
2.3. AArea sources@ means stationary sources that are not individually included in the stationary source emissions inventory but are reported collectively.
2.4. AAttainment area@ means any area of the state designated or redesignated by the administrator of the United States Environmental Protection Agency in accordance with section 107(d) of the federal clean air act and 40 C.F.R. part 81 as having attained the relevant national ambient air quality standard for a given criteria pollutant.
2.5. AAttainment demonstration@ means a federally approved plan that is in compliance with the requirements of section 172(c) and section 182 of the federal clean air act.
2.6. ABaseline@ means, as it pertains to the generation of emission reduction credits, the level of emissions beyond which reductions must occur for an emission reduction credit to be generated and shall in all cases be the lower of actual or allowable emissions from the generating source. Alternate emission limits above an applicable reasonably available control technology emission limit may not be used as a baseline. As it pertains to the use of emission reduction credits, the term Abaseline@ means the allowed level of emissions specified by the applicable requirement with which emission reduction credits will be used to maintain compliance.
2.7. ABias@ means a systematic error in the result of a measurement or estimate.
2.8. ACode@ means W. Va. ''22-5-1 et seq.
2.9. ACalendar year@ means the period of time between January 1 and December 31 inclusive for a given year.
2.10. AConservative results@ means, as it applies to calculations of emission reduction credits generated or used under this rule, that the number of emission reduction credits generated are not over estimated and that the number of emission reduction credits needed are not under estimated.
2.11. ACriteria pollutants@ means air pollutants listed by the administrator of the United States Environmental Protection Agency pursuant to section 108 of the federal clean air act.
2.12. ACurtailment@ means a permanent reduction in the hours of operation or the process rate, excluding operational changes to mobile sources.
2.13. AEmission inventory@ means the source, process, and process equipment inventory and emission reports required to be submitted annually to the director for sources of an air pollutant, pursuant to the Code and, in addition, the source, process, and emission data for stationary, area, and mobile sources upon which the director evaluates air quality and upon which the federally approved state implementation plan or the most recent state implementation plan revision submittal is based.
2.14. AEmission monitoring and quantification protocol@ means an accurate and replicable method or procedure for determining the amount, rate, and characteristics of baseline emissions, and emission reductions below baseline emissions, for purposes of emission reduction credit generation under this rule.
2.15. AEmission reduction credit@ means the unit of reduction in actual emissions of a pollutant which is expressed in tons of pollutant reduced during a specified calendar year or ozone season and which is entered into the emission trading registry.
2.16. AEnforceable@ means any standard, requirement, limitation, or condition which is established by an applicable federal or state regulation or specified in a permit issued or order entered under a federal or state regulation or which is contained in a state implementation plan approved by the administrator of the United States Environmental Protection Agency and which can be enforced by the director and the administrator of the United States Environmental Protection Agency.
2.17. AFederal clean air act@ means the federal Clean Air Act, as amended; 42 U.S.C. ''7401 et seq.
2.18. AGeographic area@ means any specific region designated by the director, considering the pollutant, topography, air quality contribution of sources, and any air quality concerns relevant to that region.
2.19. AHazardous air pollutant@ means an air pollutant listed pursuant to 42 U.S.C. '7412(b).
2.20. AMobile source@ means any vehicle or engine that is used for on-highway or non-road purposes, the mobile source-related fuel or fuel delivery system used by the vehicle or engine, or both, and the operation strategies associated with the vehicle or engine. For the purpose of this definition, non-road vehicles and engines include all non-road vehicles and engines used in marine vessels, locomotives, and airplanes, as well as non-road vehicles and engines described in the definition of Anon-road@ contained in the federal clean air act or federal guidance.
2.21. ANational ambient air quality standard@ means a primary or secondary standard established by the administrator of the United States Environmental Protection Agency pursuant to section 109 of the federal clean air act.
2.22. ANetting@ means the generation and use of an emission reduction credit at a modified stationary source to lower the net emissions increase below significant levels so that the modified stationary source is not subject to new source review requirements under federal or state regulations.
2.23. ANew source review@ means the permitting requirements for new and modified sources contained in 45CSR13, 45CSR14, 45CSR19 and in parts C and D of title I of the federal clean air act and in 40 C.F.R. ''51.165, 51.166, and 52.21.
2.24. ANonattainment area@ means any area of the state designated by the administrator of the United States Environmental Protection Agency in accordance with section 107(d) of the federal clean air act and 40 C.F.R. part 81 as having not attained the relevant national ambient air quality standard for a given criteria pollutant.
2.25. AOffset@ means the use of an emission reduction credit to compensate for emission increases of volatile organic compounds or criteria pollutants, except ozone, from a major new or major modified stationary source subject to the requirements of 45CSR19 and section 173 of the federal clean air act.
2.26. AOverage@ means emissions above those specified by an applicable requirement.
2.27. AOzone season@ means the period of time beginning on and including April 1 and continuing through October 31 of each calendar year.
2.28. APermanent@ means that the relevant change in operating procedures, control equipment or other source of emission reductions shall be continuous for the period during which emission reductions are made for the purpose of generating emission reduction credits.
2.29. AQuantifiable@ means that the amount, rate, and characteristics of emissions and emission reductions can be measured through an accurate, reliable, and replicable method established by an applicable requirement or approved by the director and the administrator of the United States Environmental Protection Agency.
2.30. AReal@ means a change in the operation or control of a source, process, or process equipment that results in a reduction in actual emissions.
2.31. AReasonable further progress@ means any incremental emission reductions required to fulfill the requirements of section 182(b)(1)(a) and (c)(2)(b) of the federal clean air act or specified in the federally approved state implementation plan.
2.32. AReplicable@ means the use of a collection, analytical, or quantification method or procedure that will yield results equivalent to results obtained by the application of the method or procedure by different persons.
2.33. AResponsible official@ means one of the following:
2.33.a. For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities generating, trading or using emission reduction credits and either (i) the facilities employ more than two hundred fifty (250) persons or have gross annual sales or expenditures exceeding twenty five ($25) million (in second quarter 1990 dollars), or (ii) a representative delegated with such authority and approved in advance by the director.
2.33.b. For a partnership or sole proprietorship: a general partner or the proprietor, respectively;
2.33.c. For a municipality, State, Federal, or other public entity: either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of the United States Environmental Protection Agency); or
2.33.d. The designated representative delegated with such authority and approved in advance by the director.
2.34. ARetire@ means to permanently remove emission reductions or emission reduction credits from circulation to provide an environmental benefit.
2.35. AShutdown@ means the permanent cessation of operation of a source, process, or process equipment for any purpose, excluding vehicle scrappage.
2.36. ASource@ means a stationary source, an area source, or a mobile source.
2.37. AState implementation plan@ means the state implementation plan and revisions to the plan that have been approved by the administrator of the United States Environmental Protection Agency pursuant to the applicable provisions of the federal clean air act.
2.38. AStationary source@ means any building, structure, facility, installation, process or process equipment which emits or may emit any air pollutant and which is reported as an individual source in the State=s Emission Inventory System or is otherwise individually regulated under specific emission control requirements established pursuant to the Code or federal clean air act.
2.39. ASurplus@ means those emission reductions made below an established source baseline which are not required in the state implementation plan, any applicable federal implementation plan, any applicable attainment demonstration, reasonable further progress plan, or maintenance plan and which are not mandated by any applicable requirement.
2.40. ATrade@ means the purchase, sale, conveyance, or other transfer of a registered emission reduction credit from one person to another person.
2.41. AUse@ means the application of a registered emission reduction credit at a source to compensate for an emission overage of equal magnitude above a level that has been established by an applicable requirement within the specified life of the emission reduction credit or to provide an emissions offset for a new or modified stationary source.
W. Va. Code R. § 45-28-3 Applicability
3.1. This rule applies to all persons who voluntarily choose to participate in an emission reduction credit trading program.
3.2. The use of emission reduction credits under this rule applies only to volatile organic compounds as a class of compounds, oxides of nitrogen as an ozone precursor, and all criteria pollutants, except ozone.
3.3. Emission reduction credits generated by a stationary source may be used by another stationary source in accordance with this rule and in conformance with the federal clean air act. Emission reduction credits may be generated by area and mobile sources only to the extent that such credits are generated in accordance with this rule and employ baseline determinations and quantification protocols approved by the director and the United States Environmental Protection Agency. Emission reduction credits may be used only to comply with conformity with respect to compliance requirements for mobile sources under the federal clean air act and shall be used for conformity only as approved by the director and the United States Environmental Protection Agency.
3.4. Nothing in this rule shall be construed to prohibit offsetting and netting to the extent authorized under 45CSR13, 45CSR14, 45CSR19, sections 165 and 173 of the federal clean air act, or 40 C.F.R. parts 51 and 52.
W. Va. Code R. § 45-28-4 Prohibitions and Restrictions
4.1. The use of emission reduction credits in an attainment area shall not cause a violation of a national ambient air quality standard, a prevention of significant deterioration increment, or an applicable attainment area maintenance plan. The use of emission reduction credits in a nonattainment area shall result in emission reductions consistent with the requirements for reasonable further progress for the nonattainment area and the attainment demonstration specified in the state implementation plan.
The proposed use of emission reduction credits resulting in increased actual emissions or overages equivalent to or exceeding any of the following amounts at a facility shall require air quality analyses employing procedures approved by the director demonstrating that the provisions of this subsection are met:
PM10: 15 tons per year SO2: 40 tons per year NO2/NOX: 40 tons per year CO: 100 tons per year VOC: 40 tons per year Lead: 0.6 ton per year The director on a case-by-case basis may require an air quality analysis for use of emission reduction credits in amounts below those above based upon the proposed short-term rate of emissions, source emissions parameters and air quality in the geographic area of emission reduction credit use.
4.2. The use of emission reduction credits is prohibited for both of the following:
4.2.a. In place of installing equipment determined to constitute, or for the purposes of complying with a best available technology requirement for a specific toxic air pollutant established under 45CSR27, an emission limitation or work practice standard established by federal new source performance standards under section 111 of the federal clean air act and 40 C.F.R. part 60, an emission limitation or work practice standard established under the national emission standards for hazardous air pollutants under section 112 of the federal clean air act and 40 C.F.R. part 61, or a maximum achievable control technology requirement established for a hazardous air pollutant under section 112 of the federal clean air act and 40 C.F.R. part 63.
4.2.b. In place of installing necessary equipment and complying with an emission limitation determined to constitute best available control technology pursuant to section 165 of the federal clean air act or 45CSR14 or the lowest achievable emission rate established under section 173 of the federal clean air act or 45CSR19.
4.3. The use of emission reduction credits shall not result in an actual emissions increase of any hazardous air pollutant at a particular facility nor shall one or more hazardous air pollutants be traded for a different group of hazardous air pollutants, provided that emission reduction credits generated by reductions of hazardous air pollutants which are volatile compounds or particulate matter may be used to allow increases of volatile organic compounds or particulate matter, respectively, which do not contain hazardous air pollutants.
4.4. The director may prohibit the use of emission reduction credits if he or she determines that such use would be inconsistent with the Code, the federal clean air act or protection of human health and welfare and the environment, including any disproportionate air quality impacts.
4.5. Emission reduction credits for one criteria pollutant shall not be used to allow overages or satisfy emission offset requirements for another criteria pollutant. Emission reduction credits for volatile organic compounds shall not be used to allow emission overages or to satisfy emission offsets for nitrogen oxides or vice versa unless such emissions trading conforms with a federally-approved implementation plan to attain and maintain attainment with the national ambient air quality standard for ozone.
4.6. Emission reduction credits of volatile organic compounds, as a class of compounds, may be used to compensate for emission overages of volatile organic compounds, as a class of compounds, but shall not be used to allow emission overages of a specific volatile organic compound, except where a demonstration has been made to the director that the use would result in an environmental benefit in the use area.
4.7. The use of emission reduction credits to comply with a federal requirement in any area that has or needs a federally approved attainment demonstration or maintenance plan is prohibited where the emission reduction credits were generated through the shutdown of a source, process or process equipment, except where the director has demonstrated, to the satisfaction of the United States Environmental Protection Agency, that the relevant approved attainment demonstration or maintenance plan will not be compromised by the use of these emission reduction credits.
4.8. Nothing in this rule shall be construed to relieve any person of the requirement to obtain a permit under the provisions 45CSR13, 45CSR14, 45CSR19 and 45CSR30. Emission reduction credits may only be used in a manner consistent with federal new source review requirements.
4.9. The use of sulfur dioxide or oxides of nitrogen emission reduction credits under this rule at affected sources subject to sulfur dioxide or oxides of nitrogen allowance allocations under the 1990 amendments to title IV of the clean air act is allowed only to the extent that the sulfur dioxide or oxides of nitrogen emission reduction credits are not used or transferred under the 1990 amendments to title IV of the federal clean air act. Nothing in this rule shall be construed to interfere with the free trade provisions under the 1990 amendments to title IV of the federal clean air act.
4.10. Emission reductions made to correct violations of any applicable emission standard or limitation or emission reductions resulting from a source, process, or process equipment in violation of an applicable monitoring, reporting, or recordkeeping requirement shall not be eligible to generate emission reduction credits to be used or traded under this rule.
4.11. Any source which participates in a regional nitrogen oxides trading program established pursuant to final rules promulgated by the United States Environmental Protection Agency shall be prohibited from generating, trading or using nitrogen oxides emissions reduction credits under this rule.
4.12. Emission reductions that are not real, surplus, enforceable, permanent, and quantifiable shall not be eligible for emission reduction credit generation, use, or trading.
4.13. Where emission reduction credits are generated and used within the same facility, the use of emission reduction credits for a specific pollutant shall not result in an overall increase in the emissions of the specific pollutant from that facility.
4.14. An emission reduction credit represents a limited authorization to emit an air pollutant and does not have associated property rights.
W. Va. Code R. § 45-28-5 Ozone Season Restrictions
5.1. Emission reduction credits for volatile organic compounds and oxides of nitrogen generated during an ozone season may be used any time during a calendar year, but emission reduction credits used for the purpose of compliance with an ozone season emission limitation for volatile organic compounds or oxides of nitrogen shall have been generated during an ozone season.
5.2. Emission reduction credits generated for volatile organic compounds and oxides of nitrogen exclusively during the non-ozone season shall be used only during the non-ozone season in the same or a subsequent calendar year.
W. Va. Code R. § 45-28-6 Emission Reduction Credit Baseline
6.1. The emission baseline from which emission reduction credits may be generated shall be established to determine the amount of actual emissions from a source, process, or process equipment before the initiation of an activity to reduce emissions for the purposes of creating emission reduction credits. The emission baseline shall be expressed in tons of pollutant emitted per ozone season or per year.
6.2. The emission baseline from which emission reduction credits may be generated shall be determined by using the most representative, accurate, and reliable process and emission data available for the source, process, or process equipment according to the following hierarchy:
6.2.a. When required to demonstrate compliance with an applicable requirement or where such measurement is practicable and reasonable, continuous emission monitoring or other direct measurement, parametric monitoring, or other surrogates for the measurement of emissions shall be used to determine the emission baseline. The baseline shall be established for the 2-year period or two (2) ozone seasons before the date that an emission reduction occurs, unless it can be demonstrated to the director that a different time period is more representative of historical operations and is consistent with the state implementation plan.
6.2.b. Where continuous emission monitoring or other direct measurement, parametric monitoring, or other surrogate measurement of emissions is not required by an applicable requirement or is not practical and reasonable, the emissions shall be calculated according to whichever of the following provisions is applicable:
6.2.b.1. For a stationary source, the emission baseline shall be established by using process and emission data for a source, process, or process equipment for the 2-year period or two (2) ozone seasons before the date that an emission reduction occurs, unless it can be demonstrated to the director that a different time period is more representative of historical operations and is consistent with the state implementation plan. The emission baseline from which emission reduction credits may be generated shall be measured using an emission monitoring and quantification protocol which satisfies the requirements of section 8. The emission baseline shall be determined by using actual emission data or operational parameters of process equipment, actual operating hours, production rates and quantities of materials processed, stored, or combusted, and the emission monitoring methods specified by an applicable requirement or approved by the director. The stationary source baseline shall be calculated by using the following equation:
Where: = Baseline, expressed in tons of pollutant per ozone season or year, whichever is applicable. = The lower of the actual or allowable emission rate for the source, process, or process equipment, expressed as the quantity of emissions per unit of production, time, or other parameter consistent with the units of the capacity utilization factor and calculated pursuant to this subdivision and subsection 6.3. = Capacity utilization factor, which is representative of the historical level of operation or production rate of the source, process, or process equipment based on average historical values calculated pursuant to this subdivision and subsection 6.3. The capacity utilization factor shall not exceed an emission standard or limitation specified by an applicable requirement. = Hours of operation of the source, process, or process equipment based on the average of actual operating hours representative of historical operations as determined pursuant to this subdivision.
6.2.b.2. For area and mobile sources the emissions baseline shall be determined by procedures approved by the director and the United States Environmental Protection Agency.
6.3. Quantification of emissions for purposes of emission reduction credit generation for criteria pollutants, volatile organic compounds, and oxides of nitrogen, shall be based on a time period specified by an applicable requirement. Where an applicable requirement does not exist for quantifying emissions, the director shall establish an appropriate averaging time for purposes of calculating emission reduction credits not to exceed a 30-day rolling average determined on a daily basis.
6.4. Quantification methods that are more representative, accurate, and reliable than methods specified by an applicable requirement may be used to determine the emission baseline upon approval by the director and the administrator of the United States Environmental Protection Agency.
6.5. Any baseline calculated pursuant to subsection 6.2 shall be adjusted by subtracting from the baseline any emission increases from another source, process, or process equipment in the same source category and under common ownership or control resulting from a shutdown or curtailment of the source, process, or process equipment making the emission reductions. If no such emission increases will occur as a result of shutdown or curtailment, the person registering emission credits generated from shutdown or curtailment shall so certify in the notice provided under section 12.
W. Va. Code R. § 45-28-7 Eligibility of Emission Reductions for Emission Reduction Credits; Generation and Calculation
7.1. For emission reductions to be eligible to generate emission reduction credits, all of the following conditions shall be met:
7.1.a. For all criteria pollutants, in addition to volatile organic compounds and oxides of nitrogen, the emissions shall be consistent with West Virginia=s State Emission Inventory System.
7.1.b. The emission reductions shall have been generated on or after January 1, 1991, and shall not have been used or have been committed to satisfy prior or continuing emission offset requirements under section 173 of the federal clean air act or 45CSR19, for demonstrating attainment or maintenance of any applicable national ambient air quality standard under the state implementation plan, or for netting requirements under section 173 of the federal clean air act, 45CSR19, and section 165 of the federal clean air act and 45CSR14, or for emission netting if authorized under 45CSR13.
7.1.c. The emission reductions shall be real, surplus, enforceable, permanent, and quantifiable.
7.1.d. Persons intending to register emission reduction credits associated with the shutdown of a source, process, or process equipment which occurred prior to the effective date of this rule shall, within sixty (60) days of the effective date of this rule, provide notice to the director of such intent to register emission reduction credits in accordance with Section 12 of this rule. Failure to timely submit a notice of intent in accordance with subsection 12.7 shall make emission reductions associated with such shutdowns ineligible for registration as emission reduction credits.
7.2. Emission reductions for generation of emission reduction credits may be created using any of the following procedures:
7.2.a. Installation or modification of air pollution control equipment.
7.2.b. Modification of process or process equipment.
7.2.c. Reformulation of fuels, raw materials or products.
7.2.d. Implementation of energy conservation programs.
7.2.e. Implementation of operational changes.
7.2.f. Implementation of pollution prevention programs.
7.2.g. Curtailment or shutdown of a source, process, or process equipment.
7.2.h. Implementation of early emission reductions before any compliance dates established by an applicable requirement.
7.2.i. Implementation of area and mobile source controls if a baseline can be established using procedures approved by the director and the United States Environmental Protection Agency and emission monitoring and quantification protocols and compliance monitoring methods are approved by the director and the administrator of the United States Environmental Protection Agency.
7.2.j. Any activity which is approved by the director, results in emission reductions, and otherwise conforms with the provisions of this rule and the federal clean air act.
7.3. Emission reductions eligible for registration as emission reduction credits shall be determined by either of the following methods, as applicable:
7.3.a. For emission reductions that have already occurred, subtracting from the baseline the actual annual emissions after the emission reduction method has been implemented, which shall be calculated in a manner consistent with that used to establish the baseline pursuant to section 6.
7.3.b. For emission reductions that will occur, subtracting from the baseline the expected annual emissions after the proposed emission reduction method is implemented, calculated in a manner consistent with that used to establish the baseline pursuant to section 6.
7.4. Emission reduction credits may be generated for volatile organic compounds, as a class of compounds, and criteria pollutants, except ozone, by emission reductions resulting from the installation of a maximum achievable control technology required for a hazardous air pollutant pursuant to section 112 of the federal clean air act. Emission reduction credits generated in this manner shall not be used to satisfy emission offset requirements under section 173 of the federal clean air act or 45CSR19.
7.5. Emission reductions resulting from a curtailment of operations at a source, process, or process equipment shall be eligible for emission reduction credit generation only if the notice of emission reduction credit generation and certification corresponding to the emission reductions is submitted before the curtailment of operations.
7.6. Emission reduction credits shall have been generated before being used or traded.
W. Va. Code R. § 45-28-8 Emission Monitoring and Quantification
8.1. Each person who generates emission reduction credits under this part shall comply with an emission monitoring and quantification protocol which has been federally approved for the purpose of emission reduction credit trading, where such a protocol exists for the source category. Modifications to an existing federally approved emission monitoring and quantification protocol for purposes of emission reduction credit trading shall be approved by the director and federally approved as a revision to West Virginia=s State Implementation Plan.
8.2. Where a federally approved emission monitoring and quantification protocol for the purpose of emission reduction credit trading does not exist for a source category, a person who generates emission reduction credits under this rule shall comply with one of the following:
8.2.a. An existing emission monitoring and quantification protocol which has been approved by the director and the United States Environmental Protection Agency for purposes of demonstrating compliance with applicable requirements, provided such protocol meets the criteria specified in subsection 8.7, and, if applicable, subsection 8.8.
8.2.b. A new or alternate emission monitoring and quantification protocol which has been approved by the director and the United States Environmental Protection Agency for purposes of emission reduction credit trading pursuant to subsection 8.3.
8.3. The owner or operator of a source seeking approval to use a new or alternate emission monitoring and quantification protocol shall submit a written request to the director not less than thirty (30) days before the submittal of the notice of generation. The written request shall include the information specified in subsections 8.7 and 8.8, as applicable.
8.4. Emission reduction credits shall be quantified in units of tons per year for criteria pollutants, excluding oxides of nitrogen and ozone, and in units of tons per year or tons per ozone season for volatile organic compounds and oxides of nitrogen.
8.5. Emission monitoring and quantification protocols to quantify emissions, emission reductions, and the use of emission reduction credits shall be credible, accurate, workable, enforceable, and replicable and may employ any of the following:
8.5.a. Continuous emission monitoring, parametric monitoring, stack testing, sampling of fuels and materials, or other direct and indirect measurements of emissions.
8.5.b. Calculations using equations that are a function of process and control equipment design and operation.
8.5.c. Mass-balance calculations.
8.5.d. Emission factors, emission calculation methods, or emission quantification protocols approved for use at the time of emission reduction generation by the director and the administrator of the United States Environmental Protection Agency.
8.6. Methods, procedures, and calculations used to quantify emissions and emission reductions must ensure that conservative results are obtained.
8.7. Emission monitoring and quantification protocols to be used for purposes of emission reduction credit generation under this rule shall meet all of the following requirements, as applicable:
8.7.a. Actual, direct emissions data shall be used where it is available.
8.7.b. Sufficient data shall be collected to characterize the source, process, or process equipment and its operation.
8.7.c. Instrumentation shall have sufficient sensitivity, selectivity, precision, accuracy, and range to measure the applicable parameters which characterize the operation of the source, process, or process equipment.
8.7.d. Where applicable, quality assurance/quality compliance plans for data collection shall be adhered to.
8.7.e. Applicable test methods which have been approved by the United States Environmental Protection Agency shall be used where available, unless an alternate test method is approved by the director and the United States Environmental Protection Agency.
8.7.f. Where applicable, oxides of nitrogen emissions shall be measured as nitrogen oxide and nitrogen dioxide, but shall be reported on a nitrogen dioxide basis.
8.7.g. Where applicable, volatile organic compound emissions shall be calculated on the basis of actual emissions if the source, process or process equipment uses specified measurement techniques. If volatile organic compound emission measurements are based on a surrogate compound, but information is available on the emissions composition, then volatile organic compound emissions shall be calculated based on the known composition.
8.7.h. Continuous or predictive emission monitoring systems must be used where they are already in place, and the following requirements shall be met by these monitoring systems as applicable or appropriate for the source, process, or process equipment:
8.7.h.1. The provisions of 40 C.F.R. Part 60, Appendix B and Appendix F, for continuous emission monitoring systems.
8.7.h.2. The provisions of 40 C.F.R. Part 75 for continuous emission monitoring systems measuring sulfur dioxide and nitrogen oxides.
8.7.h.3. Promulgated state and federal procedures which are intended for the development of emission monitoring and quantification protocols.
8.8. Notwithstanding the provisions of subsection 8.7, emission monitoring and quantification protocols for use under this rule for the generation of emission reduction credits at mobile sources shall be consistent with the following, as applicable:
8.8.a. Federally approved mobile models for the emission reduction credit generation year.
8.8.b. Measurement and calculation methods which have been approved for use by the director and the administrator of the United States Environmental Protection Agency.
8.8.c. Promulgated state and federal procedures which are intended for the development of emission monitoring and quantification protocols.
8.9. The director shall make any pre-approved emission monitoring and quantification protocol available upon request.
W. Va. Code R. § 45-28-9 Recordkeeping Requirements
9.1. A person who generates, uses, or trades emission reduction credits under this rule shall keep records of all information required to be submitted pursuant to sections 12 and 13, as applicable, as well as other records required under this rule and any other records specified by an applicable requirement.
9.2. Records shall be kept in a manner acceptable to the director and shall be maintained at the source or sources where the emission reduction credits are generated and used or other location acceptable to the director. The records associated with each emission reduction credit shall be maintained by the generator, trader and user for not less than five (5) years after the date each emission reduction credit is used or retired.
W. Va. Code R. § 45-28-10 The Use of Emission Reduction Credits Within and Between Geographic Areas and Sources
10.1. Except as otherwise provided by the director or the provisions of subsection 4.1, the use of emission reduction credits may take place within and between geographic areas and source categories as specified in this section.
10.2. Intersector use of emission reduction credits among mobile sources, stationary sources, and area sources may occur, only to the extent allowed under section 3, section 4 and the federal clean air act.
10.3. Emission reduction credits used to provide emission offsets at a new or modified source shall be in compliance with all of the following provisions:
10.3.a. Be generated in the nonattainment area where the new or modified source is to be located or an adjacent nonattainment area of equal or higher classification that contributes to the exceedance of a national ambient air quality standard in the nonattainment area where the new or modified source is to be located.
10.3.b. Be in accordance with sections 173 and 182 of the federal clean air act and 45CSR19. Where emission reduction credits are used to comply with new source review requirements, all of the following conditions shall be met:
10.3.b.1. The director shall approve the use of emission reduction credits that meet the following criteria:
10.3.b.1.A. For a new source, the emission reduction credits shall cover a minimum of 22 years of operation.
10.3.b.1.B. For a modified source, the emission reduction credits shall cover the period of time beginning on the date of issuance of the new source review permit and continuing until the date of issuance or renewal of an operating permit.
10.3.b.1.C. For renewal of an operating permit, the emission reduction credits shall cover a period of five (5) years or the term for which the permit is issued.
10.3.b.2. The new source review permit shall contain an enforceable commitment that, before receiving any operating permit or operating permit renewal, the operating permit shall contain an enforceable condition that requires the source to obtain offsets for a period of five (5) years or the period of time for which the operating permit is issued before continuing to operate.
10.3.b.3. Operating permits shall contain an enforceable condition that requires the source to either provide or obtain additional offsets before renewal of an operating permit and continuing to operate.
10.4. Oxides of nitrogen emission reduction credits may be used under this rule in any area of the state of West Virginia, provided at least one of the following conditions is satisfied:
10.4.a. The emission reduction credits are proposed to be used in the same geographic area where the emission reduction credits were generated.
10.4.b. The geographic area where the emission reduction credits are proposed to be used is an attainment area for nitrogen dioxide.
10.4.c. The geographic area where the emission reduction credits are proposed to be used is a nonattainment or maintenance area for nitrogen dioxide, and the area where the emission reduction credits were generated is an adjacent area which contributes to the nitrogen dioxide air quality problem in the proposed use area.
10.5. Volatile organic compound emission reduction credits are eligible to be used under this rule in any area of the state of West Virginia which is an attainment area for ozone not subject to a maintenance plan.
10.6. The use of volatile organic compound emission reduction credits in an ozone nonattainment or maintenance area shall only be allowed where at least one of the following conditions is satisfied:
10.6.a. The source, process, or process equipment which generated the emission reduction credits is located in the ozone nonattainment or maintenance area where the emission reduction credits are proposed to be used.
10.6.b. The source, process, or process equipment which generated the emission reduction credits is located within 100 kilometers of the nearest border of the nonattainment or maintenance area where the emission reduction credits are proposed to be used.
10.7. The use of other criteria pollutant emission reduction credits shall only be allowed where at least one of the following criteria and the provisions of subsection 4.1 are satisfied:
10.7.a. The emission reduction credits are proposed to be used in the same geographic area where the emission reduction credits were generated.
10.7.b. The geographic area where the emission reduction credits are proposed to be used is an attainment area for the criteria pollutant and the source generating the credits used contributes to air quality in the area impacted by the user source.
10.7.c. The geographic area where emission reduction credits are proposed to be used is a nonattainment or maintenance area for the criteria pollutant, and the area where the emission reduction credits were generated is an adjacent area which contributes to the relevant air quality problem in the proposed use area.
W. Va. Code R. § 45-28-11 Emissions Reduction Credit Discounts and Emission Reduction Credit Retirement for Air Quality Benefit
11.1. Unless otherwise provided under this rule, other rules promulgated under the Code or the federal clean air act, emission reduction credits entered into the registry created pursuant to section 14 shall be discounted or retired as follows:
11.1.a. For all criteria air pollutants, volatile organic compounds and nitrogen oxides, ten (10) percent of all creditable emission reductions shall be retired to provide a net air quality benefit from trading. The remaining ninety (90) percent of creditable emission reductions shall be listed on the registry as emission reduction credits, and shall be eligible for trading or use for a period of ten (10) calendar years from the year of emission reduction credit generation. All such emission reduction credits unused at the end of the ten (10) year period shall also be retired to provide a net air quality benefit from trading.
11.1.b. Emission reduction credits generated by source shutdowns which are in compliance with all eligibility requirements of this rule and which were generated after January 1, 1991 and before the effective date of this rule shall be discounted by 50%. The discounted emission reduction credits shall be retired in lieu of the 10% air quality benefit discount provided under subdivision 11.1.a.
11.2. Any person who generates or acquires emission reduction credits may voluntarily retire such emission reduction credits to benefit air quality.
11.3. The director shall retire and remove from the registry, created pursuant to section 14, all excess emission reduction credits donated to the director under subsection 15.3.
11.4. Emission reduction credits generated by emission reductions which are necessary to comply with a proposed applicable requirement, and which occur after the date the applicable requirement is proposed and before final compliance dates specified by or pursuant to the rule creating the applicable requirement, may be used or traded for a period of 5 calendar years after the year of generation or 1 calendar year after the effective date of final compliance, whichever occurs first.
W. Va. Code R. § 45-28-12 Registration of Emission Reductions for the Generation of Emission Reduction Credits to be Used or Traded
12.1. A person applying to register emission reductions to generate emission reduction credits shall provide, to the director, notice and certification of the emission reductions being generated and shall pay a registration fee in accordance with section 14 and subsection 12.5.
12.2. For emission reductions generated between January 1, 1991 and the effective date of this rule, the notice and certification required by subsection 12.1 shall be submitted within twelve (12) months of the effective date of this rule.
12.3. The notification required by subsections 12.1 and 12.2 shall utilize a form provided by the director and include all of the following information:
12.3.a. The name and location, by address and county, of the sources, processes, or process equipment at which emission reductions have been or will be made and where the records are or will be kept.
12.3.b. The name, address, and telephone number of the responsible official providing notice and certification of the emission reductions being generated.
12.3.c. The total emission reductions, in tons per year or tons per ozone season, by pollutant and attainment status for the pollutant in the generation source area, to be registered.
12.3.d. An identification of the source, process, or process equipment at which the emission reduction occurs to generate an emission reduction credit.
12.3.e. A brief description of the method or methods used to reduce emissions.
12.3.f. The effective date that the emission reduction occurred or will occur and the duration of the emission reduction strategy.
12.3.g. Calculations of either of the following, as applicable:
12.3.g.1. For emission reductions that have already occurred, actual emissions after the emission reduction method has been implemented, which shall be calculated in a manner consistent with the method used to calculate the baseline.
12.3.g.2. For emission reductions that will occur, expected emissions after the proposed emission reduction method is implemented, which shall be calculated in a manner consistent with the method used to calculate the baseline.
12.3.h. The following documentation shall be included for the emission monitoring and quantification protocol required by section 8:
12.3.h.1. An identification of all applicable emission monitoring and quantification protocols used for purposes of emission reduction credit generation and for purposes of determining compliance with applicable air quality requirements, where such protocols exist. The identification of the specific emission monitoring and quantification protocol used to quantify emissions for mobile sources shall be provided where applicable.
12.3.h.2. A description of the emission monitoring and quantification protocols considered for use under this rule, and an explanation of the rationale for using the chosen emission monitoring and quantification protocol.
12.3.h.3. Example calculations, including both of the following:
12.3.h.3.a. Calculations of baseline emissions and emission reductions from the baseline.
12.3.h.3.b. Calculations to substantiate the measured activity level during the baseline determination period and the period of emission reduction credit generation. Units of operation or activity level during both the baseline determination period and the period of emission reduction credit generation shall be appropriate for the specified emission monitoring and quantification protocol and shall be consistent with each other.
12.3.h.4. The location of all data, including test runs.
12.3.h.5. An explanation of steps taken to address bias.
12.3.h.6. Where use of an alternative emission monitoring and quantification protocol is proposed in place of an emission monitoring and quantification protocol specified by an applicable requirement, technical information to demonstrate that the proposed alternative method is at least as credible, accurate, workable, enforceable, and replicable as the method specified by the applicable requirement.
12.3.i. If the emission reductions which generated the emission reduction credits include reductions of hazardous air pollutant emissions or were accompanied by or cause increases in criteria air pollutants or hazardous air pollutants, such decreases or increases must be identified by pollutant and amount of pollutant. The sources at which such increases or decreases occur must also be identified if different than the sources identified in subdivision 12.3.d.
12.3.j. Any other information required on the form provided by the director which the director has found reasonably necessary to determine if the generation of emission reduction credits complies with the Code and applicable state and federal rules.
12.4. The notice required under this rule shall be accompanied by a certification by the responsible official of all of the following:
12.4.a. That to the best of the responsible official=s knowledge, the information contained in the notice is true, accurate, and complete.
12.4.b. That the emission reductions generated are real, surplus, enforceable, permanent, and quantifiable.
12.4.c. That the emission reduction strategy began on or before the period of emission reduction credit generation start date specified in a notice determined to be complete by the director, and that the emission reduction strategy will either continue through, or will terminate upon, the period of emission reduction credit end date specified in a notice determined to be complete by the director .
12.4.d. That the emission reductions were not used elsewhere as emission reduction credits or retired.
12.4.e. That the emission reduction credits and any associated emission increases or decreases have been calculated in accordance with an emission quantification protocol meeting the requirements of this rule and comply with all eligibility, prohibition and limitation provisions of this rule.
12.4.f. That emission reductions being registered from a source shutdown or curtailment will not result in emission increases from other sources, processes, or process equipment under common control.
12.5. The notice and certification required under this rule shall be submitted to the director by certified mail or, if authorized by the director, electronically for a determination of completeness. Within sixty (60) days of receipt of the notice and certification for emission reductions generated after the effective date of this rule, the director shall make a determination and provide a written response to the person submitting the notice and certification as to the completeness of the submittal. For emission reductions generated before the effective date of this rule, the director shall make such determination and provide a written response within one hundred and eighty (180) days of receipt of the notice and certification. A determination of completeness or incompleteness made by the director shall be considered a final agency decision subject to review by the air quality board pursuant to the Code and W. Va. Code '22B-1-1 et seq. A determination of completeness does not constitute an approval by the director. The director shall notify the person requesting registration of emission reduction credits of the amount of registration fees required pursuant to subsection 14.6 within the notice of completeness provided under this subsection. Within five (5) business days of the date of receipt of payment of the required registration fee the director shall enter the information required by section 14 in the emission trading registry. Immediately upon entry in the emission trading registry, the information in the notice and certification shall be available to the public, except for information that is determined to be confidential under W. Va. Code '22-5-10 and 45CSR31. If the notice and certification are determined by the director to be incomplete, the proposed emission reductions are not eligible to generate emission reduction credits and no registration fee shall be assessed. A notice of incompleteness shall not preclude or prejudice a person from submitting a corrected or revised notice and certification.
12.6. The methods used, or operational changes made, to create emission reductions for the generation of emission reduction credits for which a complete notice and certification is submitted to the director shall become legally enforceable operating requirements upon the start date of the period of emission reduction credit generation, specified in a notice determined to be complete by the director. The methods used and operational changes made to reduce emissions and the conditions and requirements for the generation of emission reduction credits shall continue to be legally enforceable operating requirements throughout the period of emission reduction credit generation, and shall be incorporated into an operating permit, permit to construct/modify, or permit to operate if required by the Code, rules promulgated thereunder, or the federal clean air act.
12.7. The notice of intent required by subdivision 7.1.d. shall be received by the director not later than the date sixty (60) calendar days after the effective date of this rule and shall contain the following information:
12.7.a. The names, unit identification numbers (if any) and location, by address and county, of the sources, processes, or process equipment that have been shutdown for which emission reduction credit registration is intended;
12.7.b. The month and year in which the sources identified in subdivision 12.7.a were shutdown; and
12.7.c. For each pollutant for which emission reduction credit registry will be sought, an estimate of the maximum amount of emissions reductions, in tons, which are associated with each source, process, or process equipment shutdown.
W. Va. Code R. § 45-28-13 Registration of Use, Trading or Retirement of Emission Reduction Credits
13.1. A person applying to use, trade or retire emission reduction credits under the provisions of this rule shall provide prior notice to the director.
13.2. The notice to use emission reduction credits shall utilize a form provided by the director and include all of the following information:
13.2.a. The name and location, by address and county, of the source, process, or process equipment at which the emission reduction credits are proposed to be used.
13.2.b. The name, address, and telephone number of the responsible official providing notice of the proposed use or trading of emission reduction credits.
13.2.c. The number of emission reduction credits to be used at each source, process or process equipment unit in tons per year or tons per ozone season and the maximum short-term emission rate that will occur during the emission reduction credit use period based upon the underlying applicable requirement or otherwise provided in this rule.
13.2.d. A description of the source, process, or process equipment at which the emission reduction credits are proposed to be used.
13.2.e. A specific identification of the proposed use.
13.2.f. A copy of the notice or notices of emission reduction credit generation and, if applicable, emission reduction credit transfer/trade corresponding to the emission reduction credits which are proposed to be used.
13.2.g. An identification of all applicable requirements being complied with through the use of emission reduction credits and the emission monitoring and quantification protocols used to quantify emissions and to determine compliance with all applicable requirements.
13.2.h. The effective dates of use of the emission reduction credits, and calculations demonstrating compliance through the use of emission reduction credits.
13.2.i. The air quality analysis required under subsection 4.1. This analysis must utilize the short-term emission rate(s) provided under subdivision 13.2.c.
13.2.j. If the new or increased emissions or emission overages at the sources using emission reduction credits entails or includes emissions of a hazardous air pollutant at such sources, such hazardous air pollutant must be identified and quantified.
13.2.k. A copy of an affidavit of publication for a legal ad published in a newspaper of general circulation in the area where the credits will be used notifying the public of the intent to use emission reduction credits, and including a summary of the information in subdivisions 13.2.a., 13.2.b., 13.2.c., 13.2.h., and 13.2.j.
13.2.l. Any other information required on the form provided by the director which the director has found reasonably necessary to determine if the proposed use of emission reduction credits complies with the Code and applicable state and federal rules.
13.3. The notice to trade or retire emission reduction credits shall include all of the following information:
13.3.a. The name and mailing address of the company which is proposing to trade or retire the emission reduction credits.
13.3.b. The name, address, and telephone number of the responsible official providing notice of the proposed trade or retirement of emission reduction credits.
13.3.c. The name and mailing address of the company which is proposing to receive the emission reduction credits (for trading only).
13.3.d. The name, address, and telephone number of the contact person for the company which is proposing to receive the emission reduction credits (for trading only).
13.3.e. An identification of the registry series number corresponding to the emission reduction credits which are proposed to be traded or retired.
13.3.f. The number of emission reduction credits by pollutant, in tons per year or tons per ozone season, which are proposed to be traded or retired.
13.4. Each of the notices required by subsections 13.2 and 13.3 shall be accompanied by a certification, by the responsible official, that the information contained in the notice is true, accurate, and complete. Where notice to use emission reduction credits is being provided pursuant to subsection 13.2, a certification that the source, process, or process equipment shall be operated in compliance with all applicable requirements and the conditions and requirements for the use of emission reduction credits under this rule shall also be included, provided that certification does not have to assert that the use of emission reduction credits is consistent with attainment area maintenance plans or nonattainment area reasonable further progress requirements or attainment demonstrations.
13.5. The notices and certifications required by subsections 13.2, 13.3, and 13.4 shall be submitted to the director by certified mail or, if authorized by the director, electronically for a determination of completeness. Within sixty (60) days of receipt of the notice and certification, the director shall make a determination, and provide a written response to the person submitting the notice and certification, as to the completeness of the submittal. A determination of completeness or incompleteness made by the director shall be considered a final agency decision subject to review by the air quality board pursuant to the Code and W. Va. Code ''22B-1-1 et seq. A determination of completeness does not constitute an approval by the director. If the notice is determined to be complete, the director shall, within five (5) business days, enter the information required by section 14 into the emission trading registry. The information in the notice and the certification shall be available to the public immediately upon entry in the emission trading registry, except for information that is determined to be confidential under W. Va. Code '22-5-10 and 45CSR31. If the notice is determined by the director to be incomplete, the proposed use or trade of emission reduction credits shall not occur. A notice of incompleteness shall not preclude or prejudice a person from submitting a corrected or revised notice and certification.
13.6. The director shall not issue a notice of completeness for a proposed use of emission reduction credits until he or she determines that the air quality protection and maintenance provisions of subsection 4.1 are satisfied based upon the information contained in the notice required by subsection 13.2 and/or the director=s independent analyses of air quality impacts and attainment and maintenance plan requirements for the areas affected by the emission reduction credits use. The director shall send a written response to the person who submitted the notice of use and certification determined to be inconsistent with the provisions of subsection 4.1 explaining why the determination was made. A determination of inconsistency with the provisions of subsection 4.1 by the director shall not preclude or prejudice a person applying to use emission reduction credits from submitting a revised notice and certification to address the inconsistencies identified by the director.
13.7. The methods used, operational changes made and maximum short-term emission rates established to accommodate the use of emission reduction credits for which a complete notice is submitted to the director pursuant to subsection 13.2 shall become legally enforceable operating requirements upon the effective date of the notice of completeness issued by the director, or the beginning date of the emission reduction credit use period specified in a notice determined to be complete by the director. The conditions and requirements for the use of emission reduction credits shall continue to be legally enforceable operating requirements throughout the emission reduction credit use period, and shall be incorporated into a permit to construct/modify or an operating permit as required by the Code, rules promulgated thereunder, or the federal clean air act.
13.8. A person who uses emission reduction credits under this rule shall include the price paid for the emission reduction credits in the notice required by subsection 13.2 or by separate notice to the director within seven (7) business days of the starting date of the use period.
13.9. A person who has registered the use of emission reduction credits with the director shall be allowed a period of time, not to exceed sixty (60) days, commencing with the end of the use period specified in the notice of use to amend the notice of use and submit a notice and certification under section 12 to register any unused emission reduction credits in excess of the quantity needed for the uses specified in the original notice of use.
13.10. If a facility proposing to use emission reduction credits is located within one hundred (100) kilometers of any Class I area, the notice provided to the director under this subsection for emission reduction credit use shall be provided to the federal land manager for such Class I area at the time that it is submitted to the director.
W. Va. Code R. § 45-28-14 Emission Trading Registry; Registration Fees
14.1. The director shall establish and maintain a publicly available emission trading registry for all of the following purposes :
14.1.a. Registering emission reductions to generate emission reduction credits.
14.1.b. Recording and tracking the use and trading of emission reduction credits.
14.1.c. Registering emission reductions and emission reduction credits contributed to the state for retirement or discounted as an air quality benefit pursuant to section 11 and subsection 15.3.
14.2. The emission trading registry shall contain the information required by subsections 12.3, 13.2, and 13.3 and the effective date and the life of the emission reduction credits that have been or will be generated.
14.3. The emission trading registry shall be continually updated by the director.
14.4. The director shall make program activity information publicly available through continuous updates to the emission trading registry.
14.5. The responsible official who certified the generation, use, or trade of emission reduction credits shall have five (5) business days after the day of posting on the emission trading registry to notify the director of any data entry errors by the director and necessary corrections to the information posted on the emission trading registry. The director shall promptly correct any data entry errors on the emission trading registry.
14.6. Any person seeking registration of emission reduction credits in the registry shall pay to the director a registration fee in accordance with this subsection within thirty (30) days of notification by the director of registration completeness as provided under subsection 12.5. Emission reduction credits shall not be listed in the registry by the director until payment of such fee is received by the director. A fee of two dollars ($2.00) per ton of emission reductions credits registered shall be paid for emission reductions credits registered between the effective date of this rule and the end of the first full state fiscal year following the effect date of this rule. Beginning on July 1 of the subsequent state fiscal year and on July 1 of each year thereafter, the director shall establish a registration fee for each pollutant, not to exceed six dollars ($6.00) per ton registered, to cover, to the extent possible, the projected cost for establishing and administering the emission trading program. Fees shall not be refunded for emission reductions credits withdrawn from the registry.
14.7. The director may invalidate, revise or remove emission reduction credits from the registry as provided in this rule or to conform to other federal or state rules under the Code and the federal clean air act requiring such action.
W. Va. Code R. § 45-28-15 Enforcement
15.1. Notwithstanding another person's liability, negligence, or false representation, a person who owns or operates a source, process, or process equipment and who participates in the generation, use, or trading of emission reduction credits under this rule shall be solely responsible to assure that any affected source, process, or process equipment under his or her ownership or control is in compliance with all applicable requirements.
15.2. A person who, without being notified by the director, discovers and provides a written notice of insufficient emissions reductions to the director stating that the overall emission reductions achieved by the emission reduction credits generated and registered, used, or traded by the person are not real, surplus, enforceable, permanent, and quantifiable may be provided a reconciliation period of not more than thirty (30) days, if all of the following conditions are met and the director determines that the person has acted in good faith:
15.2.a. The circumstances causing the emission reductions not to be real, surplus, enforceable, permanent, or quantifiable have not occurred before.
15.2.b. The notice of insufficient reductions is provided to the director within thirty (30) days of the discovery that the emission reductions are not real, surplus, enforceable, permanent, or quantifiable.
15.2.c. The notice of insufficient reductions shall include all of the following information:
15.2.c.1. A detailed description of how, and the date when, the insufficient reductions were discovered.
15.2.c.2. An explanation of the cause of the insufficient reductions.
15.2.c.3. A statement of the necessary corrective actions taken or to be taken and the time when the actions were completed or a schedule describing when the actions will be taken and completed.
15.2.c.4. A revised notice and certification of emission reduction credit generation.
15.2.c.5. Certification by a responsible official that, to the best of the responsible official=s knowledge, the information in the notice of insufficient reductions is true, accurate, and complete.
15.2.d. Upon submitting the notice of insufficient reductions, the person submitting the notice shall do one of the following, as applicable:
15.2.d.1. If emission reduction credits were or are being used or traded, then the person submitting the notice shall, within thirty (30) days, either implement and register emission reductions or obtain emission reduction credits sufficient to compensate for the number of emission reduction credits that were not real, surplus, enforceable, permanent, and quantifiable. Reconciliation of emission reduction credits shall be on the same basis, either tons per year or tons per ozone season, as credits found not to be real, surplus, enforceable, permanent, and quantifiable.
15.2.d.2. If emission reductions have been registered but the associated emission reduction credits have not been used or traded, then the person submitting the notice shall, concurrent with the submittal of the notice of insufficient reductions, submit a revised notice of emission reduction credit generation or written request for the director to withdraw the emission reduction credits from the emission trading registry.
15.3. If the director finds, without being provided a notice pursuant to subsection 15.2, that a person has registered emission reductions for the generation of emission reduction credits that are not real, surplus, enforceable, permanent, and quantifiable and the emission reduction credits have been or are being used or traded, then the person who generated and registered the insufficient emission reductions shall generate, or obtain, and donate emission reduction credits to the director in an amount equal to treble the number of emission reductions or emission reduction credits that were not real, surplus, enforceable, permanent, and quantifiable. If the director finds, after having been provided notice under subsection 15.2, that a person has registered emission reductions for the generation of emission reduction credits that are not real, surplus, enforceable, permanent, and quantifiable and the emission reduction credits have been or are being used or traded, the person who generated and registered the insufficient emission reductions may be required to generate, or obtain, and donate emission reduction credits to the director in an amount up to treble the number of emission reductions or emission reduction credits that were not real, surplus, enforceable, permanent, and quantifiable. Reconciliation of emission reduction credits shall be on the same basis, either tons per year or tons per ozone season, as credits found not to be real, surplus, enforceable, permanent, and quantifiable. Emission reduction credits donated to the director under this subsection shall be retired to assure realization of an air quality benefit and maintenance and attainment of national ambient air quality standards. A donation of emission reduction credits under this subsection shall not be considered to be a civil or criminal penalty. In addition to providing a donation under this rule, a person may be subject to civil and criminal enforcement actions, penalties, and imprisonment as provided under the Code.
15.4. Upon reconciliation of the emission reduction credits pursuant to subsection 15.2., the credits shall be considered real, surplus, enforceable, permanent and quantifiable.
15.5. The granting of a reconciliation period by the director under subsection 15.2 may be considered as a mitigating factor in the imposition or assessment of penalties by the director in any enforcement action, including the determination whether to require the generator to donate additional credits under subsection 15.3.
15.6. Emission reduction credits must be held prior to being used or traded. A person who fails to hold sufficient emission reduction credits to maintain compliance with the applicable requirement or requirements identified in the notice of emission reduction credit use shall be in violation of this rule.
15.7. If the director determines that a person has violated the provisions of the Code or this rule, then the director may take appropriate enforcement action as provided under the Code and this rule. In an enforcement proceeding, a person who generates and registers emission reductions shall have the burden of proof that the emission reductions generated and registered are real, surplus, enforceable, permanent, and quantifiable. A person who uses emission reduction credits shall have the burden of proof of due diligence with respect to verification of the validity and accuracy of the emission reduction credits used to comply with applicable emission requirements and the provisions of this rule.
W. Va. Code R. § 45-28-16 Program Evaluations and Individual Audits
16.1. The director shall conduct, or cause to be conducted, an evaluation of the emission trading program established under the provisions of this rule. The evaluation shall be conducted every three (3) years, or more frequently if deemed necessary by the director, to make all of the following emission trading program assessments:
16.1.a. Whether the program is consistent with the maintenance of national ambient air quality standards and has resulted in emission reductions consistent with reasonable further progress towards attainment and maintenance of national ambient air quality standards.
16.1.b. Whether requirements for monitoring, recordkeeping, reporting, and enforcement have resulted in a sufficiently high level of compliance.
16.1.c. Whether the program has caused any localized adverse effects to the public health, safety, welfare or to the environment, including any disproportionate air quality impacts. This assessment shall include an analysis of the effects of emission trading on the emissions and impacts of toxic or hazardous air pollutant emissions.
16.1.d. Whether the program is achieving reductions across a spectrum of sources, including area and mobile sources.
16.1.e. Whether provisions for conducting audits of emission reduction credit transactions have resulted in a sufficient number of audits being conducted across a spectrum of sources.
16.2. The director shall prepare a report on the evaluation of the program. The director shall seek public input on the findings contained in the evaluation report and shall provide for the public notice of the findings, a public comment period on the findings, and an opportunity for a public hearing on the findings contained in the report.
16.3. If, after an evaluation of the program, the director determines that it is necessary to make program modifications, the director, within six (6) months of completion of the evaluation, shall, where appropriate, prepare a draft program revision for submittal to the administrator of the United States Environmental Protection Agency and propose any necessary rules or rule revisions to the West Virginia Legislature within twelve (12) months of completion of the evaluation.
16.4. The director may conduct audits of individual transactions that take place under this rule to determine compliance with all applicable requirements. The audits may include any of the following:
16.4.a. A review of the protocols used to certify and provide notice of emission reduction credit generation.
16.4.b. A compliance assessment of the sources, processes, or process equipment which have generated, registered, used, or traded emission reduction credits.
16.4.c. A review of the methods, procedures, determinations, and calculations used to monitor, record, quantify, and certify emissions, emission reductions, and the generation and use of emission reduction credits.
16.5. If, after an audit of a source, process, process equipment, or the use or trading of emission reduction credits under this rule, the director determines that all applicable requirements have not been complied with, then the director may, pursuant to reasonable notice, take appropriate action as provided under the Code and this rule.
W. Va. Code R. § 45-28-17 Interstate Trading
17.1. Nothing in this rule shall be construed to prohibit or restrict interstate trading of volatile organic compounds emission reduction credits or criteria pollutant emission reduction credits, except ozone, in a manner consistent with the Code, rules promulgated under the Code, and any interstate, regional, or national air pollution control strategy implemented pursuant to, or to meet the requirements of, the federal clean air act.
17.2. Emission reduction credits which were generated in a state other than West Virginia, but which are proposed to be used for the purpose of this rule in the state of West Virginia, shall be used in a manner consistent with this rule.
17.3. The director shall enter into a memorandum of understanding with another state which, at a minimum, addresses the following areas prior to allowing the use in the state of West Virginia of emission reduction credits under this rule which were generated in the other state:
17.3.a. The emission reduction credit generation system.
17.3.b. The sharing of required notices and a compatible tracking system.
17.3.c. Appropriate geographic restrictions.
17.3.d. The eligibility of emission reduction credits for use.
17.3.e. Acceptable emission reduction credit generation and use activities.
17.3.f. Record retention requirements.
17.3.g. Consistent treatment of emission monitoring and quantification protocols for purposes of emission reduction credit generation and use.
17.3.h. Consistency in the determination of the baseline from which emission reduction credits are generated.
17.3.i. Temporal requirements and definitions.
17.4. The interstate memorandum of understanding required by subsection 17.3 shall require each participating state to enforce emission limitations under their respective jurisdictions, and shall contain a procedure or procedures for incorporating emission shifts caused by trading into each state=s attainment demonstrations, maintenance plans, and reasonable further progress plans, as applicable.
17.5. The director shall assure that the emissions trading rules and implementation procedures of another state are, to the extent possible, equivalent to this rule and its implementation procedures in entering any memorandum of understanding. The memorandum of understanding must assure that the more restrictive provision is applied by each state in determining the validity of emission reduction credit generation and eligibility for emission reduction credit use.
45CSR28
Series 30 Requirements for Operating Permits
W. Va. Code R. § 45-30-1 General
1.1. Scope. -- This rule provides for the establishment of a comprehensive air quality permitting system consistent with the requirements of Title V of the Clean Air Act and the state operating permit program requirements of 40 CFR Part 70. This rule establishes:
1.1.a. The obligation for a source to obtain a Title V operating permit,
1.1.b. The applicability for other sources, including exemptions and deferred sources,
1.1.c. Permit application, content, issuance, renewal, reopening, revision, review, suspension, modification, revocation and reissuance requirements, and
1.1.d. Fee requirements.
1.1.e. All fees collected pursuant to this rule shall be expended solely to cover all reasonable direct and indirect costs required to administer the Title V operating permit program and accounted for in accordance with this rule.
1.2. Authority. -- W.Va. Code § 22-5-4.
1.3. Filing Date. -- March 31, 2023.
1.4. Effective Date. -- March 31, 2023.
1.5. Sunset Provision. -- Does not apply.
W. Va. Code R. § 45-30-2 Definitions
2.1. “Actual emissions” means, for the purpose of sections 7 and 8, the actual total mass of regulated air pollutants emitted to the atmosphere during a particular calendar year and includes all routine as well as non-routine (e.g. abnormal or emergency operations) emissions.
2.2. “Affected source” means a source that includes one or more affected units under 45CSR33 and Title IV of the Clean Air Act (Acid Deposition Control).
2.3. “Affected states” are all states:
2.3.a. Whose air quality may be affected and that are contiguous to the state in which a Title V operating permit, permit modification or permit renewal is being proposed; or
2.3.b. That are within fifty (50) miles of the permitted source.
2.4. “Affected unit” means a fossil fuel-fired combustion device that is subject to emission reduction requirements or limitations under 45CSR33 and Title IV of the Clean Air Act.
2.5. “Air pollutant” has the meaning ascribed to it in §302 of the Clean Air Act.
2.6. “Alternative operating scenario” or “AOS” means a scenario authorized in a permit pursuant to section 3 that involves a change at the source for a particular emissions unit, and that either results in the unit being subject to one or more applicable requirements which differ from those applicable to the emissions unit prior to implementation of the change or renders inapplicable one or more requirements previously applicable to the emissions unit prior to implementation of the change.
2.7. “Applicable requirements” means all of the following as they apply to emissions units in a Title V source.
2.7.a. Any standard or other requirement provided for in the State Implementation Plan approved by U.S. EPA or promulgated by U. S. EPA through rulemaking under Title I of the Clean Air Act that implements the relevant requirements of the Act, including any revisions to that State Implementation Plan;
2.7.b. Any term or condition of any preconstruction permits issued pursuant to regulations approved or promulgated through rulemaking under Title I, including parts C or D, of the Clean Air Act, including any permits issued under 45CSR13, 45CSR14, and 45CSR19;
2.7.c. Any standard or other requirement under §111, including §111(d), of the Clean Air Act;
2.7.d. Any standard or other requirements under §112 of the Clean Air Act, including any requirement concerning accident prevention under §112(r)(7) of the Clean Air Act, but not including the contents of any risk management plan required under §112(r) of the Clean Air Act;
2.7.e. Any standard or other requirement of the acid deposition control program under Title IV of the Clean Air Act or the regulations promulgated thereunder;
2.7.f. Any requirements established pursuant to §504(b) or §114(a)(3) of the Clean Air Act;
2.7.g. Any standard or other requirement under §§126(a)(1) and (c) of the Clean Air Act;
2.7.h. Any standard or other requirement governing solid waste incineration under §129 of the Clean Air Act;
2.7.i. Any standard or other requirement for consumer and commercial products under §183(e) of the Clean Air Act;
2.7.j. Any standard or other requirement for tank vessels under §183(f) of the Clean Air Act;
2.7.k. Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Clean Air Act, unless the Secretary determines that such requirements need not be contained in a Title V permit pursuant to an exemption by U.S. EPA;
2.7.l. Any national ambient air quality standard or increment or visibility requirement under part C of Title I of the Clean Air Act, but only as it would apply to temporary sources permitted pursuant to §504(e) of the Clean Air Act;
2.7.m. Any emissions cap and related requirements established for the source by agreement with the Secretary and U.S. EPA or otherwise applicable under the rules of the West Virginia Department of Environmental Protection; and
2.7.n. Any requirement imposed pursuant to the provisions of 45CSR4 and 45CSR27 and any other state-only requirement for state enforceable purposes only.
2.8. “Approved replicable methodology” or “ARM” means terms in a permit pursuant to section 3 that:
2.8.a. Specify a protocol which is consistent with and implements an applicable requirement, or requirement of this rule, such that the protocol is based on sound scientific and/or mathematical principles and provides reproducible results using the same inputs; and
2.8.b. Require the results of that protocol to be recorded and used for assuring compliance with such applicable requirement, any other applicable requirement implicated by implementation of the ARM, or requirement of this rule, including where an ARM is used for determining applicability of a specific requirement to a particular change. 2.9 “Area source” means any non-major source subject to a standard or other requirement under §112 of the Clean Air Act.
2.10. “Clean Air Act” (“CAA”) means the federal Clean Air Act, as amended, 42 U.S.C. §7401, et seq..
2.11. “Construction” means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emission unit) which would result in a change in actual emissions.
2.12. “Department of Environmental Protection” or “DEP” means the Department of Environmental Protection as created by the provisions of W.Va. Code §22-1-1 et seq.
2.13. “Designated representative” shall have the meaning given to it in §402(26) of the Clean Air Act and the regulations promulgated thereunder.
2.14. “Draft permit” means the version of a permit for which the Secretary offers public participation under subsection 6.8 or affected state review under subsection 7.2.
2.15. “Effective date of the operating permit program” means the date that U.S. EPA formally provides interim, partial, or full approval of the operating permit programs established under this rule.
2.16. “Emissions allowable under the permit” means a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or an enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject.
2.17. “Emission point” means a stack, vent, process unit, or a definable area (such as an open materials storage yard) from which the emission of any air pollutant occurs.
2.18. “Emissions unit” means any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant or any pollutant listed under §112(b) of the Clean Air Act. This term is not meant to alter or affect the definition of the term “affected unit” for purposes of Title IV of the Clean Air Act (Acid Deposition Control).
2.19. “Enforceable” means enforceable by the Secretary and U.S. EPA, unless specifically designated to mean otherwise.
2.20. “EPA” or “U.S. EPA” means the United States Environmental Protection Agency.
2.21. “Final permit” means the Title V operating permit issued pursuant to this rule that has completed all review procedures required under sections 6 and 7.
2.22. “Fugitive emissions” are those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.
2.23. “General permit” means a Title V operating permit that meets the requirements of subsection 5.4.
2.24. “Hazardous air pollutant” or “HAP” means any substance listed pursuant to section 112(b) of the Clean Air Act.
2.25. “Case-by-case maximum achievable control technology” or “MACT” means an emissions limitation requiring the application of the maximum degree of reduction and control which the Secretary determines is achievable for each source or category of source which requires a case-by-case MACT determination pursuant to the provisions of subsections 12.1 and 12.3.
2.25.a. In the case of sources constructed or modified after the effective date of this rule, MACT shall not be less stringent than the most stringent emissions level that is achieved in practice by similar sources or processes.
2.25.b. For existing sources, MACT may be less stringent than MACT requirements for new or modified sources in the same category, but shall not be less stringent than the following:
2.25.b.1. For categories or subcategories with thirty (30) or more sources, the average emission limitation achieved by the best performing twelve (12) percent of the existing sources in the United States (for which the Secretary has or can reasonably obtain emission information). In making this determination the Secretary shall exclude sources that have achieved a level of emission rate or emission reduction equivalent to the lowest achievable emission rate (as defined in §171 of the Clean Air Act) applicable to the source category and prevailing at the time; or
2.25.b.2. The average emission limitation achieved by the best performing five (5) sources in the United States (for which the Secretary has or could reasonably obtain emissions information) within a category or subcategory with fewer than thirty (30) sources in the United States.
2.25.c. For all facilities, MACT shall represent the maximum degree of emission reduction that the Secretary determines is achievable taking into consideration the cost of achieving such emission reduction, and public health and environmental impacts.
2.25.d. MACT measures shall include but not be limited to measures which:
2.25.d.1. Reduce or eliminate the emission rate of hazardous air pollutants through process changes or substitution of materials;
2.25.d.2. Enclose or seal equipment or systems to eliminate hazardous air pollutant emissions;
2.25.d.3. Collect, capture, destroy and/or otherwise treat hazardous air pollutants released from a process, stack storage, or fugitive emissions point;
2.25.d.4. Are work practice or operational methods; or
2.25.d.5. Are a combination of the above.
2.26. “Major source” means any stationary source (or any group of stationary sources that are located on one or more contiguous or adjacent properties, and are under common control of the same person (or persons under common control)) belonging to a single major industrial grouping and that is described in subdivisions 2.26.a, 2.26.b, or 2.26.c. For the purpose of defining “major source,” a stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to same Major Group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987, except that a research and development facility may be treated as a separate source from other stationary sources that are part of the same industrial grouping, are located on contiguous or adjacent property, and are under common control.
2.26.a. A major source under §112 of the Clean Air Act, which is defined as:
2.26.a.1. For pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, ten (10) tons per year (tpy) or more of any hazardous air pollutant which has been listed pursuant to §112(b) of the Clean Air Act, or twenty-five (25) tpy or more of any combination of such hazardous air pollutants. Emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or
2.26.a.2. Radionuclides. -- In the event the Secretary obtains regulatory authority to implement federal requirements regarding radionuclides, the Secretary shall define “major source” consistent with the federal requirements.
2.26.b. A major stationary source of air pollutants, as defined in §302 of the Clean Air Act, that directly emits or has the potential to emit, one hundred (100) tpy or more of any air pollutant subject to regulation (including any major source of fugitive emissions of any such pollutant, as determined by rule of the Secretary). The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source for the purposes of §302(j) of the Clean Air Act, unless the source belongs to one of the following categories of stationary sources:
2.26.b.1. Coal cleaning plants (with thermal dryers);
2.26.b.2. Kraft pulp mills;
2.26.b.3. Portland cement plants;
2.26.b.4. Primary zinc smelters;
2.26.b.5. Iron and steel mills;
2.26.b.6. Primary aluminum ore reduction plants;
2.26.b.7. Primary copper smelters;
2.26.b.8. Municipal incinerators (or combination thereof) capable of charging more than fifty (50) tons of refuse per day;
2.26.b.9. Hydrofluoric, sulfuric, or nitric acid plants;
2.26.b.10. Petroleum refineries;
2.26.b.11. Lime plants;
2.26.b.12. Phosphate rock processing plants;
2.26.b.13. Coke oven batteries;
2.26.b.14. Sulfur recovery plants;
2.26.b.15. Carbon black plants (furnace process);
2.26.b.16. Primary lead smelters;
2.26.b.17. Fuel conversion plants;
2.26.b.18. Sintering plants;
2.26.b.19. Secondary metal production plants;
2.26.b.20. Chemical process plants - the term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140;
2.26.b.21. Fossil-fuel boilers (or combination thereof) totaling more than 150 million British thermal units per hour heat input;
2.26.b.22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;
2.26.b.23. Taconite ore processing plants;
2.26.b.24. Glass fiber processing plants;
2.26.b.25. Charcoal production plants;
2.26.b.26. Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input;
2.26.b.27. Ammonium sulfate manufacturing plants;
2.26.b.28. Asphalt concrete plants;
2.26.b.29. Asphalt processing/roofing manufacturing plants;
2.26.b.30. Bulk gasoline terminals;
2.26.b.31. Dry cleaning plants;
2.26.b.32. Glass manufacturing plants;
2.26.b.33. Grain elevators;
2.26.b.34. Graphic arts (rotogravure) plants;
2.26.b.35. Hazardous waste incineration facilities;
2.26.b.36. Lead-acid battery manufacturing plants;
2.26.b.37. Mineral processing plants;
2.26.b.38. Natural gas processing facilities;
2.26.b.39. Phosphate fertilizer production and storage facilities;
2.26.b.40. Rubber tire manufacturing plants;
2.26.b.41. Sewage treatment plants;
2.26.b.42. Synthetic fiber production plants;
2.26.b.43. Surface coating and printing operations; and
2.26.b.44. Any other stationary source category, which as of August 7, 1980 is being regulated under §§111 or 112 of the Clean Air Act.
2.26.c. A major stationary source as defined in Part D of Title I of the Clean Air Act, including:
2.26.c.1. For ozone nonattainment areas, sources with the potential to emit one hundred (100) tons or more per year of volatile organic compounds (VOCs) or oxides of nitrogen (NOX) in areas classified as “marginal” or “moderate,” fifty (50) tons or more per year in areas classified as “serious,” twenty-five (25) tons or more per year in areas classified as “severe,” and ten (10) tons or more per year in areas classified as “extreme”; except that the references in this clause to one hundred (100), fifty (50), twenty-five (25), and ten (10) tons per year of nitrogen oxides shall not apply with respect to any source for which U.S. EPA has made a finding, under §182(f)(1) or (2) of the Clean Air Act, that requirements under §182(f) of the Clean Air Act do not apply;
2.26.c.2. For ozone transport regions established pursuant to §184 of the Clean Air Act, sources with the potential to emit fifty (50) tons or more per year of volatile organic compounds (VOCs);
2.26.c.3. For carbon monoxide (“CO”) nonattainment areas that are classified as “serious,” and in which stationary sources contribute significantly to carbon monoxide levels, sources with the potential to emit fifty (50) tons or more per year of carbon monoxide; and
2.26.c.4. For particulate matter (PM10) nonattainment areas classified as “serious,” sources with the potential to emit seventy (70) tons or more per year of PM10.
2.27. “Permit” means any permit or group of permits covering a source or sources of emissions that are issued, renewed, amended, or revised pursuant to this rule.
2.28. “Permit modification” means a revision to a Title V operating permit issued under this rule that meets the requirements of subsection 6.5.
2.29. “Permit revision” means any permit modification or administrative permit amendment.
2.30. “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.
2.31. “Potential to emit” means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is enforceable. This term does not alter or affect the use of this term for any other purposes under the Clean Air Act, or the term “capacity factor” as used in Title IV of the Clean Air Act (Acid Deposition Control) or the regulations promulgated thereunder.
2.32. “Proposed permit” means the version of a permit that the Secretary proposes to issue and forwards to U.S. EPA for review in compliance with section 7.
2.33. “Regulated air pollutant” means the following:
2.33.a. Nitrogen oxides (NOX) or any volatile organic compound;
2.33.b. Any pollutant for which a national ambient air quality standard has been promulgated;
2.33.c. Any pollutant that is subject to any standard promulgated under §111 of the Clean Air Act;
2.33.d. Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Clean Air Act (§602);
2.33.e. Any pollutant subject to a standard or other requirement under §112 of the Clean Air Act, including §§112(g), (j), and (r), including the following:
2.33.e.1. Any pollutant subject to requirements under §112(j) of the Clean Air Act. If the U.S. EPA fails to promulgate a standard by the date established pursuant to §112(e) of the Clean Air Act, any pollutant for which a subject source would be major shall be considered to be regulated on the date 18 months after the applicable date established pursuant to §112(e) of the Clean Air Act.
2.33.e.2. Any pollutant for which the requirements of §112(g)(2) of the Clean Air Act have been met, but only with respect to the individual source subject to that §112(g)(2) requirement.
2.33.f. Any other pollutant regulated by the West Virginia Department of Environmental Protection under an emission standard or ambient air quality standard.
2.34. “Regulated pollutant (for fee calculation),” which is used only for purposes of section 8, excludes greenhouse gases as defined in 40 CFR §86.1818-12(a) and means any “regulated air pollutant” except the following:
2.34.a. Carbon monoxide provided that emissions of carbon monoxide do not fall under the provisions of paragraph 2.26.c.3;
2.34.b. Any Class I or II substance which is a regulated air pollutant solely because it is listed pursuant to §602 of the Clean Air Act;
2.34.c. Any pollutant that is a regulated air pollutant only because it is subject to a standard or regulation under §112(r) of the Clean Air Act; or
2.34.d. Any pollutant that is a regulated air pollutant solely because it is listed in 45CSR27.
2.35. “Relocation” means the physical movement of a source outside its existing plant boundaries.
2.36. “Renewal” means the process by which a permit is reissued at the end of its term.
2.37. “Research and development facility” means sources whose activities are conducted for nonprofit scientific or educational purposes; sources whose activities are conducted to test more efficient production processes or methods for preventing or reducing adverse environmental impacts, provided that the activities do not include the production of an intermediate or final product for sale or exchange for commercial profit; a research or laboratory facility the primary purpose of which is to conduct research and development into new processes and products, that is operated under the close supervision of technically trained personnel, and that is not engaged in the manufacture of products for sale or exchange for commercial profit; or the experimental firing of any fuel or combination of fuels in a boiler, heater, furnace, or dryer for the purpose of conducting research and development of more efficient combustion or more effective prevention or control of air pollutant emissions, provided that the heat generated is not used for production purposes or for producing a product for sale or exchange for commercial profit.
2.38. “Responsible official” means one of the following:
2.38.a. For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either:
2.38.a.1. The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars), or
2.38.a.2. The delegation of authority to such representative is approved in advance by the Secretary;
2.38.b. For a partnership or sole proprietorship: a general partner or the proprietor, respectively;
2.38.c. For a municipality, State, Federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this rule, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of U.S. EPA); or
2.38.d. For affected sources:
2.38.d.1. The designated representative in so far as actions, standards, requirements, or prohibitions under Title IV of the Clean Air Act (Acid Deposition Control) or the regulations promulgated thereunder are concerned; and
2.38.d.2. The designated representative for any other purposes under this rule.
2.39. “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.
2.40. “Section 502(b)(10)” changes or “§502(b)(10)” changes are changes that contravene an express permit term. Such changes do not include changes that would violate applicable requirements or contravene enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements.
2.41. “Source” or “ stationary source” means, for the purpose of this rule, any building, structure, facility, or installation that emits or may emit any regulated air pollutant or any pollutant listed under §112(b) of the Clean Air Act.
2.42. “Source-specific permit” means a single Title V operating permit addressing all of the relevant emission units and operations which are subject to applicable requirements at a particular source or major source.
2.43. “Subject to regulation” means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally applicable regulation codified by the Administrator, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity. Except that:
2.43.a. Greenhouse gases, the air pollutant defined in 40 CFR §86.1818-12(a) as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation unless, as of July 1, 2011, the greenhouse gas emissions are at a stationary source emitting or having the potential to emit 100,000 tpy CO2 equivalent emissions; and
2.43.b. The term tpy CO2 equivalent emissions (CO2e) shall represent an amount of GHGs emitted, and shall be computed by multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant greenhouse gases, by the gas’s associated global warming potential published at Table A-1 to Subpart A of 40 CFR Part 98 - Global Warming Potentials, and summing the resultant value for each to compute a tpy CO2e. For purposes of this subdivision, prior to July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of non-fossilized and biodegradable organic material originating from plants, animals, or micro-organisms (including products, by-products, residues and waste from agriculture, forestry and related industries as well as the non-fossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of non-fossilized and biodegradable organic material).
2.44. “Title V operating permit” means a permit issued under the provisions of this rule.
2.45. “Title V source” means a source required to obtain a Title V operating permit.
2.46. “Volatile organic compound” (VOC) means the term as defined in 40 CFR §51.100(s).
2.47. 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. and 40 CFR §70.2.
W. Va. Code R. § 45-30-3 Applicability
3.1. Permit requirement.
3.1.a. On and after the effective date of the operating permit program, no person shall violate any requirement of a permit issued under this rule nor shall any person operate any of the following sources, except in compliance with a permit issued under section 6:
3.1.a.1. Any major source;
3.1.a.2. Any source, including an area source, subject to a standard or other requirements promulgated under §111 of the Clean Air Act;
3.1.a.3. Any source, including an area source, subject to a standard or other requirements under §112 of the Clean Air Act, except that a source is not required to obtain a permit solely because it is subject to regulations or requirements under §112(r) of the Clean Air Act;
3.1.a.4. Any affected source; and
3.1.b. If, on the effective date of the operating permit program, a source is not subject to enforceable emissions limitations or such other enforceable measures that require the continued operation and maintenance of air pollution control equipment and/or other operational limitations that make the source non-major, the source shall be treated as a major source subject to the requirements of this rule.
3.2. Exemptions and deferrals.
3.2.a. Except as provided in section 4, all sources listed in subsection 3.1 that are not major sources, affected sources, or solid waste incineration units required to obtain a permit pursuant to §129(e) of the Clean Air Act may be deferred by the Secretary on a specific source category basis from the obligation to obtain a Title V operating permit under this rule. Any such deferral by the Secretary shall be consistent with the timetable established by U.S. EPA for non-major sources to which this rule applies except as provided under subdivision 4.1.a.
3.2.b. [Reserved].
3.2.c. Unless otherwise required by this rule to have a Title V operating permit, the following source categories are exempted from the obligation to obtain a Title V operating permit:
3.2.c.1. All sources and source categories that would be required to obtain a permit solely because they are subject to 40 CFR Part 60, Subpart AAA (1988) - Standards of Performance for New Residential Wood Heaters; and
3.2.c.2. All sources and source categories that would be required to obtain a permit solely because they are subject to 40 CFR Part 61, Subpart M (1984) - National Emission Standard for Hazardous Air Pollutants for Asbestos, 40 CFR §61.145, Standard for Demolition and Renovation.
3.2.d. As provided in this subdivision, the following units or activities within a stationary source subject to this rule may be deemed to be insignificant:
3.2.d.1. Flares used solely to indicate danger to the public.
3.2.d.2. Combustion units designed and used exclusively for comfort heating that use liquid petroleum gas or natural gas as fuel.
3.2.d.3. Comfort air conditioning or ventilation systems not used to remove air contaminants generated by or released from specific units of equipment.
3.2.d.4. Indoor or outdoor kerosene heaters.
3.2.d.5. Space heaters operating by direct heat transfer.
3.2.d.6. Repairs or maintenance where no structural repairs are made and where no new air pollutant emitting facilities are installed or modified.
3.2.d.7. Air contaminant detectors or recorders, combustion controllers or shutoffs.
3.2.d.8. Brazing, soldering or welding equipment used as an auxiliary to the principal equipment at the source.
3.2.d.9. Any consumer product used in the same manner as in normal consumer use, provided the use results in a duration and frequency of exposure which are not greater than those experienced by consumers, and which may include, but not be limited to, personal use items, janitorial cleaning supplies, office supplies and supplies to maintain copying equipment.
3.2.d.10. Equipment on the premises of industrial and manufacturing operations used solely for the purpose of preparing food for human consumption.
3.2.d.11. Portable generators.
3.2.d.12. Firefighting equipment and the equipment used to train firefighters.
3.2.d.13. Such other sources or activities as the Secretary may determine with EPA approval.
3.2.e. Potential emissions from the units or activities listed under subdivision 3.2.d. shall not be excluded in the determination as to whether a stationary source is a major source for the purpose of determining applicability of this rule; nor shall units subject to applicable requirements be deemed to be insignificant emission units. Units or activities deemed insignificant shall be identified in the permit application, and the owner or operator shall upon request provide sufficient information for the Secretary to verify that such units or activities are insignificant, provided that for all units or activities deemed insignificant because of their size, production rate or amount of pollutant emitted, or for which applicable requirements may apply, the owner or operator shall provide information sufficient for the Secretary to verify that the unit or activity is insignificant at the time the permit application is submitted.
3.3. Emission units and sources.
3.3.a. For major sources, the Secretary shall include in the permit all applicable requirements for all emission units in the major source.
3.3.b. For any non-major source, the Secretary shall include in the permit all applicable requirements for emission units that cause the source to be subject to this rule.
3.4. Fugitive emissions. -- Fugitive emissions from a source subject to this rule shall be included in the permit application and all operating permits issued under this rule in the same manner as stack emissions, regardless of whether the source category in question is included in the list of sources contained in the definition of major source.
W. Va. Code R. § 45-30-4 Application for Permits
4.1. Duty to apply. -- For each source, the owner or operator shall submit a timely and complete permit application in accordance with this section.
4.1.a. Timely application.
4.1.a.1. An initial permit application is timely if the source submits the application within twelve (12) months after the source becomes subject to this rule.
4.1.a.2. Sources required to meet requirements under §112(g) of the Clean Air Act, or to have a permit under the preconstruction review program approved into the State Implementation Plan under Parts C or D of Title I of the Clean Air Act, including 45CSR13, 45CSR14, and 45CSR19 shall file a complete application to obtain the Title V operating permit or permit revision within twelve (12) months after commencing operation. Where an existing Title V operating permit would prohibit such construction or change in operation, the source must obtain a permit revision before commencing operation or the source may apply for a single permit in accordance with all applicable provisions and procedures of this rule and all applicable preconstruction permitting rules.
4.1.a.3. A permit renewal application is timely if it is submitted at least six (6) months prior to the date of permit expiration.
4.1.a.4. Within eighteen (18) months following the date established by U.S. EPA’s failure to timely promulgate a standard in accordance with the requirements of §112(e) of the Clean Air Act, the owner or operator of a major source subject to this paragraph shall file an application for a permit. If the owner or operator of a source has submitted a timely and complete application for a permit required by section 4, any failure to have a permit shall not be a violation of the requirements of this rule, unless the delay in final action is due to the failure of the applicant to timely submit information required or requested by the Secretary to process the application on forms to be made available by the Secretary.
4.1.b. Complete application. -- To be deemed complete, an application must provide all information required pursuant to subsection 4.3, except that applications for permit revision need supply such information only if it is related to the proposed change. Information required under subsection 4.3 must be sufficient for the Secretary to evaluate the subject source and its application and to determine all applicable requirements. A responsible official shall certify the submitted information consistent with subsection 4.4. Unless the Secretary determines that an application is not complete within sixty (60) days of receipt of the application, such application shall be deemed to be complete, except in the case of minor permit modifications made pursuant to subsection 6.5. Any application which is timely submitted and subsequently determined to be complete within the initial sixty (60) day completeness review period by the Secretary shall be deemed to be complete on the date that it was filed. If, during processing an application that has been determined or deemed to be complete, the Secretary determines that additional information is necessary to evaluate or take final action on that application, the Secretary may request such information in writing and set a reasonable deadline for a response. The source’s ability to operate without a permit, as set forth in subsection 6.2, shall be in effect from the date the application is determined or deemed to be complete until the final permit is issued, provided that the applicant submits any requested additional information by the deadline specified by the Secretary.
4.1.c. Confidential information. -- In the case where a source has submitted information to the State under a claim of confidentiality pursuant to W.Va. Code §22-5-10 and 45CSR31, the Secretary may also require the source to submit a copy of such information directly to the U.S. EPA.
4.2. Duty to supplement or correct application. -- Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide additional information as necessary to address any requirements that become applicable to the source after the date it filed a complete application but prior to release of a draft permit.
4.3. Standard application form and required information. -- The Secretary shall provide for a standard application form or forms. Information, as described below, for each emissions unit at a source which is not insignificant as defined in subdivision 3.2.d, shall be included in the application, except that a list of insignificant activities or emission units must be included in the application. An application shall contain all information necessary to determine the applicability of, or to impose, any applicable requirement, and to evaluate the fee amount required under section 8. The application forms shall include, but not be limited to, the elements specified below:
4.3.a. Identifying information, including company name and address (or plant name and address if different from the company name), owner’s name and agent, and telephone number and names of plant site manager/contact.
4.3.b. A description of the source’s processes and products (by Standard Industrial Classification Code) including those associated with any proposed alternative operating scenario identified by the source.
4.3.c. The following emission-related information:
4.3.c.1. All emissions of pollutants for which the source is major, and all emissions of regulated air pollutants. A permit application shall describe all emissions of regulated air pollutants emitted from any emissions unit, except where such units qualify as insignificant emission units as defined in subdivision 3.2.d or are exempted under subsection 3.1. In the case of insignificant emission units or activities defined under subdivision 3.2.d, an applicant shall provide information regarding emissions to the extent required under subdivision 3.2.e. The Secretary shall require additional information related to the emissions of air pollutants sufficient to verify which requirements are applicable to the source, and other information necessary to collect any permit fees owed under the fee schedule approved pursuant to section 8.
4.3.c.2. Identification and description of all points of emissions described in paragraph 4.3.c.1 in sufficient detail to establish the basis for fees and applicability of requirements of this rule, W.Va. Code §22-5-1 et seq., and the Clean Air Act.
4.3.c.3. Emissions rates in tons per year and in such terms as are necessary to establish compliance consistent with the applicable standard reference test method. For emissions units subject to an annual emissions cap, tons per year can be reported as part of the aggregate emissions associated with the cap, except where more specific information is needed, including where necessary to determine and/or assure compliance with an applicable requirement.
4.3.c.4. The following information to the extent it is needed to determine or regulate emissions: fuels, fuel use, raw materials, production rates, and operating schedules.
4.3.c.5. Identification and description of air pollution control equipment and compliance monitoring devices or activities.
4.3.c.6. Limitations on source operation affecting emissions or any work practice standards, where applicable, for all regulated pollutants at the source.
4.3.c.7. Other information required by any applicable requirements (including information related to stack height limitations developed pursuant to §123 of the Clean Air Act and 45CSR20, “Good Engineering Practices as Applicable to Stack Heights”), such as the location of emissions units, flow rates, building dimensions, and stack parameters (including height, diameter, and plume temperature) for all regulated air pollutants.
4.3.c.8. Calculations or test data on which the information in paragraphs 4.3.c.1 through 4.3.c.7. above is based.
4.3.d. The following air pollution control requirements:
4.3.d.1. Citation and description of all applicable requirements;
4.3.d.2. Description of or reference to any applicable test method for determining compliance with each applicable requirement; and
4.3.d.3. A list of all effective air quality-related permits and orders and a list of all such permit applications which are pending action by the Secretary or U.S. EPA.
4.3.e. Other specific information that may be necessary to implement and enforce other requirements of the W.Va. Code §§22-5-1, et seq. and 22-18-1, et seq. or the Clean Air Act or to determine the applicability of such requirements.
4.3.f. An explanation of any proposed exemptions from otherwise applicable requirements.
4.3.g. Additional information as determined to be necessary by the Secretary to define proposed alternative operating scenarios identified by the source pursuant to subdivision 5.1.i or to define permit terms and conditions implementing any alternative operating scenario under subdivision 5.1.i or implementing subsection 5.8 or subdivision 5.1.j, or define alternative equivalent emission limits pursuant to paragraph 5.1.a.3. The permit application shall include documentation demonstrating that the source has obtained all authorization(s) required under the applicable requirements relevant to any proposed alternative operating scenario, or a certification that the source has submitted all relevant materials to the Secretary for obtaining such authorization(s).
4.3.h. A compliance plan for all sources that contains all the following:
4.3.h.1. A description of the compliance status of the source and a schedule for compliance by the source with respect to all applicable requirements, as follows:
4.3.h.1.A. For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements.
4.3.h.1.B. For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. A statement that the source will meet in a timely manner applicable requirements that become effective during the permit term shall satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement.
4.3.h.1.C. A schedule of compliance, including a narrative description of how the source will achieve compliance, for sources that are not in compliance with all applicable requirements at the time of permit issuance. Such a schedule shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirements for which the source will be in noncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based.
4.3.h.1.D. For applicable requirements associated with a proposed alternative operating scenario, a statement that the source will meet such requirements upon implementation of the alternative operating scenario. If a proposed alternative operating scenario would implicate an applicable requirement that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. A statement that the source will meet in a timely manner applicable requirements that become effective during the permit term will satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement.
4.3.h.2. A schedule for submission of certified progress reports where applicable no less frequently than every six (6) months. For sources required to have a schedule of compliance to remedy a violation, a more frequent period no greater than once a month as specified by the Secretary.
4.3.h.3. The compliance plan content requirements specified in subdivision 4.3.h shall apply and be included in the acid deposition control portion of a compliance plan for an affected source except as specifically superseded by 45CSR33.
4.3.i. Requirements for compliance certification, including the following:
4.3.i.1. A certification of compliance with all applicable requirements by a responsible official consistent with subsection 4.4 and §114(a)(3) of the Clean Air Act;
4.3.i.2. A statement of methods used for determining compliance, including a description of monitoring, recordkeeping, and reporting requirements and test methods;
4.3.i.3. A schedule for submission of compliance certifications during the permit term, to be submitted no less frequently than annually, or more frequently if specified by the underlying applicable requirement or by the Secretary; and
4.3.i.4. A statement indicating the source’s compliance status with any applicable enhanced monitoring and compliance certification requirements of the Clean Air Act and the rules of the West Virginia Department of Environmental Protection.
4.3.j. The use, where applicable, of nationally standardized forms for Title IV of the Clean Air Act portions of permit applications and compliance plans.
4.4. Any application form, report, or compliance certification submitted pursuant to this rule shall contain certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under this rule shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.
W. Va. Code R. § 45-30-5 Permit Content
5.1. Standard permit requirements. -- Each Title V operating permit issued under section 6 shall include all applicable requirements that apply to the source at the time of permit issuance and the following elements:
5.1.a. Emission limitations and standards, including those operational requirements and limitations that assure compliance with all applicable requirements at the time of permit issuance. Such requirements and limitations may include approved replicable methodologies identified by the source in its permit application as approved by Secretary, provided that no approved replicable methodology shall contravene any terms needed to comply with any otherwise applicable requirement or requirement of this rule or circumvent any applicable requirement that would apply as a result of implementing the approved replicable methodology.
5.1.a.1. The permit shall specify and reference the origin of and authority for each term or condition, and identify any difference in form as compared to the applicable requirement upon which the term or condition is based.
5.1.a.2. The permit shall state that, where applicable requirements of the Clean Air Act are more stringent than any applicable requirement of 45CSR33, both provisions shall be incorporated into the permit and shall be enforceable by the Secretary and U.S. EPA.
5.1.a.3. If the rules promulgated by the Secretary pursuant to provisions of Title I of the Clean Air Act and contained in the State Implementation Plan allow a determination of an alternative equivalent emission limit at a source to be made in the permit issuance, renewal, or significant modification process, any permit containing such equivalency determination shall contain provisions to ensure that any resulting emissions limit has been demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures.
5.1.b. Permit duration. -- The Secretary shall issue permits for a fixed term of five (5) years for all sources regulated pursuant to this rule.
5.1.c. Monitoring and related recordkeeping and reporting requirements.
5.1.c.1. Each permit shall contain the following requirements with respect to monitoring:
5.1.c.1.A. All emissions monitoring and analysis procedures or test methods required under the applicable requirements, including any procedures and methods promulgated pursuant to §§504(b) or 114(a)(3) of the Clean Air Act;
5.1.c.1.B. Where the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring (which may consist of recordkeeping designed to serve as monitoring), periodic monitoring sufficient to yield reliable data from the relevant time periods that are representative of the source’s compliance with the permit, as reported pursuant to paragraph 5.1.c.3. Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement. Recordkeeping provisions may be sufficient to meet the requirements of paragraph 5.1.c.1; and
5.1.c.1.C. As necessary, requirements concerning the use, maintenance, and, where appropriate, installation of monitoring equipment or methods.
5.1.c.2. With respect to recordkeeping, the permit shall incorporate all applicable recordkeeping requirements and require the following:
5.1.c.2.A. Records of monitoring information that include the following:
5.1.c.2.A.1. The date, place as defined in the permit, and time of sampling or measurements.
5.1.c.2.A.2. The date(s) analyses were performed.
5.1.c.2.A.3. The company or entity that performed the analyses.
5.1.c.2.A.4. The analytical techniques or methods used.
5.1.c.2.A.5. The results of such analyses.
5.1.c.2.A.6. The operating conditions existing at the time of sampling or measurement.
5.1.c.2.B. Retention of records of all required monitoring data and support information for a period of at least five (5) years from the date of monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, and copies of all reports required by the permit. Where appropriate, the permit may allow records to be maintained in computerized form in lieu of the above records.
5.1.c.3. With respect to reporting, the permit shall incorporate all applicable reporting requirements and require the following:
5.1.c.3.A. Submittal of reports of any required monitoring at least every six (6) months, but no more often than once per month. All instances of deviations from permit requirements must be clearly identified in such reports. All required reports must be certified by a responsible official consistent with subsection 4.4. To the extent practicable, the schedule for submission of such reports shall be timed to coincide with other periodic reports required by the permit, including the permittees’ compliance certifications.
5.1.c.3.B. Reporting of deviations from permit requirements, including those attributable to upset conditions as defined in the permit, the probable cause of such deviations, and any corrective actions or preventive measures taken in accordance with any rules of the West Virginia Department of Environmental Protection.
5.1.c.3.C. In addition to monitoring reports required by the permit, supplemental reports and notices are deemed to be prompt if submitted in the following fashion:
5.1.c.3.C.1. [Reserved].
5.1.c.3.C.2. Any deviation that poses an imminent and substantial danger to public health, safety, or the environment shall be reported to the Secretary immediately by telephone or email. A written report of such deviation, which shall include the probable cause of such deviation, and any corrective actions or preventive measures taken, shall be submitted by a responsible official within ten (10) days of the deviation.
5.1.c.3.C.3. Any other deviation that is identified in the permit as requiring more frequent reporting than the permittee’s reports of required monitoring shall be reported on the schedule specified in the permit.
5.1.c.3.C.4. All reports of deviations shall identify the probable cause of the deviation and any corrective actions or preventative measures taken.
5.1.c.3.D. Every report submitted under this subsection shall be certified by a responsible official.
5.1.c.3.E. A permittee may request confidential treatment for information submitted under this subsection pursuant to the limitations and procedures of W.Va. Code §22-5-10 and 45CSR31.
5.1.d. A permit condition prohibiting emissions exceeding any allowances that the source lawfully holds under Title IV of the Clean Air Act or 45CSR33.
5.1.d.1. No permit revision shall be required for increases in emissions that are authorized by allowances acquired pursuant to the acid deposition control program, provided that such increases do not require a permit revision under any other applicable requirement.
5.1.d.2. No limit shall be placed on the number of allowances held by the source. The source may not, however, use allowances as a defense to noncompliance with any other applicable requirement.
5.1.d.3. Any such allowance shall be accounted for according to the procedures established in rules promulgated under Title IV of the Clean Air Act.
5.1.e. A severability clause to ensure the continued validity of the various permit requirements in the event of a challenge to any portion of the permit.
5.1.f. Provisions stating the following:
5.1.f.1. Duty to comply. -- The permittee must comply with all conditions of the Title V operating permit. Any permit noncompliance constitutes a violation of the Code of West Virginia and Clean Air Act and is grounds for enforcement action by the Secretary or U.S. EPA; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.
5.1.f.2. Need to halt or reduce activity not a defense. -- It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit. However, nothing in this paragraph shall be construed as precluding consideration of a need to halt or reduce activity as a mitigating factor in determining penalties for noncompliance if the health, safety, or environmental impacts of halting or reducing operations would be more serious than the impacts of continued operations.
5.1.f.3. Permit actions. -- The permit may be modified, revoked, reopened and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or of a notification of planned changes or anticipated noncompliance does not stay any permit condition.
5.1.f.4. Property rights. The permit does not convey any property rights of any sort, nor any exclusive privilege.
5.1.f.5. Duty to provide information. -- The permittee shall furnish to the Secretary, within a reasonable time, any information that the Secretary may request in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit. Upon request, the permittee shall furnish to the Secretary copies of records required to be kept by the permit. For information claimed to be confidential, the permittee shall furnish such records to the Secretary and directly to U.S. EPA along with their claim of confidentiality.
5.1.g. Fees. -- A provision to ensure that a source pays fees to the Division of Air Quality consistent with section 8.
5.1.h. Emissions trading. -- A provision stating that no permit revision shall be required, under any approved economic incentives, marketable permits, emissions trading, and other similar programs or processes for changes that are provided for in the permit and that are in accordance with all applicable requirements.
5.1.i. Terms and conditions for reasonably anticipated alternative operating scenarios identified by the source in its application and which are approved by the Secretary. Such terms and conditions:
5.1.i.1. Shall require the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted facility a record of the alternative operating scenario under which it is operating;
5.1.i.2. Shall extend the permit shield described in subsection 5.6 to all terms and conditions under each such alternative operating scenario; and
5.1.i.3. Shall ensure that the terms and conditions of each such alternative operating scenario meet all applicable requirements and the requirements of this rule. The Secretary shall not approve a proposed alternative operating scenario into the permit until the source has obtained all authorizations required under any applicable requirement relevant to that alternative operating scenario.
5.1.j. Terms and conditions, if the permit applicant requests them, for the trading of emissions increases and decreases in the permitted facility, to the extent that the applicable requirements provide for trading such increases and decreases without a case-by-case approval of each emissions trade. Such terms and conditions:
5.1.j.1. Shall include all terms required under subsections 5.1 and 5.3 to determine compliance;
5.1.j.2. Shall extend the permit shield described in subsection 5.6 to all terms and conditions that allow such increases and decreases in emissions; and
5.1.j.3. Shall meet all applicable requirements and requirements of this rule.
5.2. Federally-enforceable requirements.
5.2.a. All terms and conditions in a permit issued pursuant to this rule, including any provisions designed to limit a source’s potential to emit and excepting those provisions that are specifically designated in the permit as “state-enforceable only”, are enforceable by the Secretary, U.S. EPA, and citizens under the Clean Air Act.
5.2.b. Notwithstanding subdivision 5.2.a, the Secretary shall specifically designate as not being federally enforceable under the Clean Air Act any terms and conditions included in the permit that are not required under the Clean Air Act nor under any of its applicable requirements. Terms and conditions of permits issued under this rule which are state enforceable only are not subject to the requirements of section 7 nor shall they be subject to objection, requests for permit reopening, or enforcement by U.S. EPA. Permit revisions and reopenings for state-only requirements shall be accomplished by using the procedures of section 6, except that such revisions are not subject to U.S. EPA or affected state review.
5.3. Compliance requirements. -- All Title V operating permits shall contain the following elements with respect to compliance:
5.3.a. Consistent with subdivision 5.1.c : compliance certification, testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit. Any document, including reports, required by a Title V operating permit shall contain a certification by a responsible official that meets the requirements of subsection 4.4.
5.3.b. Inspection and entry requirements that require that, upon presentation of credentials and other documents as may be required by law, the permittee shall allow the Secretary or an authorized designee of the Secretary to perform the following:
5.3.b.1. At all reasonable times (including all times in which the facility is in operation) enter upon the permittee’s premises where a source is located or emissions related activity is conducted, or where records must be kept under the conditions of the permit;
5.3.b.2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit;
5.3.b.3. Inspect at reasonable times (including all times in which the facility is in operation) any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit; and
5.3.b.4. Sample or monitor at reasonable times substances or parameters to determine compliance with the permit or applicable requirements or ascertain the amounts and types of pollutants discharged.
5.3.c. A schedule of compliance consistent with subdivision 4.3.h.
5.3.d. Progress reports consistent with an applicable schedule of compliance and subdivision 4.3.h to be submitted at least semiannually, or at a more frequent period if specified in the applicable requirement or by the Secretary. Such progress reports shall contain the following:
5.3.d.1. Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates when such activities, milestones or compliance were achieved; and
5.3.d.2. An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted.
5.3.e. Requirements for compliance certification with terms and conditions contained in the permit, including emission limitations, standards, or work practices. -- Permits shall include each of the following:
5.3.e.1. The frequency (not less than annually or a more frequent period as specified in the applicable requirement or by the Secretary) of submissions of compliance certifications;
5.3.e.2. In accordance with subdivision 5.1.c, a means for assessing or monitoring the compliance of the source with its emissions limitations, standards, and work practices;
5.3.e.3. A requirement that the compliance certification include the following:
5.3.e.3.A. The identification of each term or condition of the permit that is the basis of the certification;
5.3.e.3.B. The identification of the method(s) or other means used by the owner or operator for determining the compliance status with each term and condition during the certification period, as shown by test or monitoring data, records, and other information reasonably available to the permittee. Such methods and other means shall include, at a minimum, the methods and means required under subdivision 5.1.c;
5.3.e.3.C. The status of compliance with the terms and conditions of the permit for the period covered by the certification, including whether compliance during the period was continuous or intermittent. The certification shall be based on the method or means designated in subparagraph 5.3.e.3.B. The certification shall identify each deviation and take it into account in the compliance certification. The certification shall also identify as possible exceptions to compliance any periods during which compliance is required and in which an excursion or exceedance as defined under 40 CFR Part 64 occurred; and
5.3.e.3.D. Such other facts as the Secretary may require to determine the compliance status of the source;
5.3.e.4. A requirement that all compliance certifications be submitted to U.S. EPA as well as to the Secretary; and
5.3.f. Such other provisions as the Secretary may require to determine the compliance status of the source.
5.4. General permits.
5.4.a. The Secretary may, after notice and opportunity for public participation as contained in section 6, issue a general permit covering numerous similar sources. Any general permit shall comply with all requirements applicable to other Title V operating permits and shall identify criteria by which sources may qualify for the general permit. To sources that qualify, the Secretary shall grant the conditions and terms of the general permit. Notwithstanding the shield provisions of subsection 5.6, the source shall be subject to enforcement action for operation without a Title V operating permit if the source is later determined not to qualify for the conditions and terms of the general permit. General permits shall not be authorized for affected sources under Title IV of the Clean Air Act unless otherwise provided in rules promulgated by the Secretary in accordance with that Title IV of the Clean Air Act.
5.4.b. A general permit may be issued for the following purposes:
5.4.b.1. To establish terms and conditions to implement applicable requirements for a source category;
5.4.b.2. To establish terms and conditions to implement applicable requirements for specified categories of changes to permitted sources;
5.4.b.3. To establish terms and conditions for new requirements that apply to sources with existing permits; and
5.4.b.4. To establish enforceable caps on emissions from sources in a specified category.
5.4.c. Sources that would qualify for a general permit must apply to the Secretary for coverage under the terms of the general permit or must apply for a Title V operating permit consistent with section 4. The Secretary may, in the general permit, provide for applications which deviate from the requirements of section 4, provided that such applications meet the requirements of Title V of the Clean Air Act, and include all information necessary to determine qualification for, and to assure compliance with, the general permit. The Secretary may grant a request for a source to operate under a general permit without repeating the public participation procedures as required by subsection 6.8, and such grant shall not be a final permit action for judicial review.
5.4.d. The Secretary shall act within ninety (90) days to approve or deny a request to be covered under a general permit.
5.4.e. A source may apply for coverage under a general permit for some emissions units or activities even if the source must file a source-specific permit application for other emissions units or activities. In the event that both a general permit and a source-specific permit are granted to the same source, the source-specific permit shall incorporate the applicable general permit(s).
5.4.e.1. In the event that a source is issued a general permit for one or more emissions units at a source, any subsequent application for a source-specific permit shall include the source subject to the general permit. The incorporation of the general permit into the source-specific application shall subject the general permit source to all procedures and processes, including public comment, to which the entire application and permit process are subject. The terms and duration of any general permit incorporated under a source-specific permit shall be void upon the issuance of such source-specific permit and the terms and duration of such source-specific permit shall then control.
5.4.e.2. In the event that a source obtains a general permit subsequent to the issuance of a source-specific permit, such general permit shall be applicable only for the remainder of the term of the source-specific permit. The general permit source shall be included in the renewal application for the source specific permit and subject to all procedures and processes, including public comment, to which the renewal is subject.
5.5. Temporary sources. -- The Secretary may issue a single permit authorizing emissions from similar operations by the same source owner or operator at multiple temporary locations. The operation must be temporary and involve at least one change of location during the term of the permit. Temporary sources must comply with preconstruction review requirements under 45CSR13, 45CSR14, and 45CSR19. No affected source shall be permitted as a temporary source. Permits for temporary sources shall include provisions that will assure compliance with all applicable requirements at all authorized locations. The owner or operator shall notify the Secretary at least ten (10) days in advance of each change in location.
5.6. Permit shield.
5.6.a. Except as otherwise provided in this rule, the Secretary shall include in a Title V operating permit a provision stating that compliance with the conditions of the permit shall be deemed compliance with any applicable requirements as of the date of permit issuance, provided that:
5.6.a.1. Such applicable requirements are included and are specifically identified in the permit; or
5.6.a.2. The Secretary, in acting on the permit application or revision, determines in writing that other requirements specifically identified are not applicable to the source, and the permit includes such a determination or a concise summary thereof.
5.6.b. A Title V operating permit that does not expressly state that a permit shield exists shall be presumed not to provide such a shield.
5.6.c. Nothing in subsection 5.6 or in any Title V operating permit shall alter or affect the following:
5.6.c.1. The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance; or
5.6.c.2. The applicable requirements of the Code of West Virginia and Title IV of the Clean Air Act, consistent with §408(a) of the Clean Air Act.
5.6.c.3. The authority of the Administrator of U.S. EPA to require information under §114 of the Clean Air Act or to issue emergency orders under §303 of the Clean Air Act.
5.7. [Reserved].
5.8. Operational flexibility. -- Each permit issued under this rule shall provide that a permittee may make changes within the facility, as provided by §502(b)(10) of the Clean Air Act. Such operational flexibility shall be provided in the permit in conformance with the permit application and applicable requirements. No such changes shall be a modification under any provision of Title I of the Clean Air Act promulgated by the Secretary (including 45CSR14 and 45CSR19), and the change shall not result in a level of emissions exceeding the emissions allowable under the permit.
5.8.a. Before making a change under this provision, the permittee shall provide advance written notice to the Secretary and to U.S. EPA, describing the change to be made, the date on which the change will occur, any changes in emissions, and any permit terms and conditions that are affected. The permittee shall thereafter maintain a copy of the notice with the permit, and the Secretary shall place a copy with the permit in the public file. The written notice shall be provided to the Secretary and U.S. EPA at least seven (7) days prior to the date that the change is to be made, except that this period may be shortened or eliminated as necessary for a change that must be implemented more quickly to address unanticipated conditions posing a significant health, safety, or environmental hazard. If less than seven (7) days notice is provided because of a need to respond more quickly to such unanticipated conditions, the permittee shall provide notice to the Secretary and U.S. EPA as soon as possible after learning of the need to make the change.
5.8.b. A permitted source may trade increases and decreases in emissions within the facility, where rules promulgated by the Secretary pursuant to provisions of Title I of the Clean Air Act and which are contained in the State Implementation Plan for West Virginia provide for such emissions trades without a permit modification. In such a case, the advance written notice provided by the permittee shall identify the applicable requirements allowing trading and shall state when the change will occur, the types and quantities of emissions to be traded, the permit terms or other applicable requirements with which the source will comply through emissions trading, and such other information as may be required by the Secretary.
5.8.c. The permit shield provided under subsection 5.6 shall not apply to changes made under subsection 5.8 except those provided for in subdivision 5.8.d. However, the protection of the permit shield will continue to apply to operations and emissions that are not affected by the change, provided that the permittee complies with the terms and conditions of the permit applicable to such operations and emissions. The permit shield may be reinstated for emissions and operations affected by the change:
5.8.c.1. If subsequent changes cause the facility’s operations and emissions to revert to those authorized in the permit and the permittee resumes compliance with the terms and conditions of the permit, or
5.8.c.2. If the permittee obtains final approval of a significant modification to the permit to incorporate the change in the permit.
5.8.d. Upon the request of a permit applicant, the Secretary may issue a permit that contains terms and conditions allowing for the trading of emissions increases and decreases in the permitted facility solely for the purpose of complying with a federally-enforceable emissions cap that is established in the permit independent of otherwise applicable requirements. The permit applicant shall include in its application proposed replicable procedures and permit terms that assure that the emissions trades are quantifiable, accountable, enforceable, and replicable, and comply with all applicable requirements and subdivision 5.1.j. The permit shield under subsection 5.6 shall apply to permit terms and conditions authorizing such increases and decreases in emissions. The written notification required above shall state when the change will occur and shall describe the changes in emissions that will result and how these increases and decreases in emissions will comply with the terms and conditions of the permit.
5.9. Off-permit changes. -- Except as provided in subdivision 5.9.e, a facility may make any change in its operations or emissions that is not addressed nor prohibited in its permit and which is not considered to be construction nor modification under any rule promulgated by the Secretary without obtaining an amendment or modification of its permit. Such changes shall be subject to the following requirements and restrictions:
5.9.a. The change must meet all applicable requirements and may not violate any existing permit term or condition.
5.9.b. The permittee must provide a written notice of the change to the Secretary and to U.S. EPA within two (2) business days following the date of the change. Such written notice shall describe each such change, including the date, any change in emissions, pollutants emitted, and any applicable requirement that would apply as a result of the change.
5.9.c. The change shall not qualify for the permit shield.
5.9.d. The permittee shall keep records describing all changes made at the source that result in emissions of regulated air pollutants, but not otherwise regulated under the permit, and the emissions resulting from those changes.
5.9.e. No permittee may make any change subject to any requirement under 45CSR33 or Title IV of the Clean Air Act pursuant to the provisions of subsection 5.9.
5.9.f. No permittee may make any changes which would require preconstruction review under any provision of Title I of the Clean Air Act (including 45CSR14 and 45CSR19) pursuant to the provisions of subsection 5.9.
W. Va. Code R. § 45-30-6 Permit Issuance, Renewal, Reopening and Revisions
6.1. Action on application.
6.1.a. A permit, permit modification, or renewal may be issued only if all of the following conditions have been met:
6.1.a.1. The Secretary has received a complete application for a permit, permit modification, or permit renewal, except that a complete application need not be received before issuance of a general permit under subsection 5.4;
6.1.a.2. Except for modifications qualifying for minor permit modification procedures under subdivision 6.5.a, the Secretary has complied with the public participation procedures for permit issuance specified under subsection 6.8;
6.1.a.3. The Secretary has complied with the requirements for notifying and responding to affected States as required by subsection 7.2;
6.1.a.4. The conditions of the permit provide for compliance with all applicable requirements and the requirements of this rule; and
6.1.a.5. The Secretary has provided a copy of the permit and any notices required under subsections 7.1 and 7.2 to U.S. EPA, and U.S. EPA has not objected to issuance of the permit under subsection 7.3 within the time period specified therein.
6.1.b. Except as may be required by 45CSR33, the Secretary shall take final action on each permit application within twelve (12) months after the application is deemed complete.
6.1.c. Priority shall be given to taking action on applications for construction or modification under 45CSR13, 45CSR14 or 45CSR19.
6.1.d. The Secretary shall promptly provide notice of the completeness to the applicant. Unless the Secretary requests additional information or otherwise notifies the applicant of incompleteness within sixty (60) days of receipt of an application, the application shall be deemed complete. No completeness determination need be made for minor permit modification applications pursuant to subdivision 6.5.a.
6.1.e. Following receipt and review of an application, the Secretary shall issue a draft permit, significant permit modification or renewal for public comment. In accordance with subsection 6.9, the Secretary shall develop a statement that sets forth the legal and factual basis for the draft permit conditions (including references to the applicable statutory or regulatory provisions). The Secretary shall send this statement to the U.S. EPA and to any person who requests it.
6.1.f. The submittal of a complete application shall not affect the requirement that any source have all preconstruction permits required under the rules of the West Virginia Department of Environmental Protection except that a source may, with approval of the Secretary, elect to file a single permit application to obtain any required preconstruction permits and a Title V operating permit or permit revision, if the procedures required by the applicable preconstruction rule and all requirements of the preconstruction permitting rules are complied with in the issuance of a Title V operating permit.
6.2. Requirement for a permit. -- Except as provided in paragraph 6.5.a.5, subsection 5.8, and as further provided in this subsection, no source may operate after the time that it is required to submit a timely and complete application under this rule except in compliance with an effective permit under this rule. If a source submits a timely and complete application for permit issuance (including for renewal), the source’s failure to have a Title V operating permit is not a violation of this rule until the Secretary takes final action on the permit application, except as noted in this subsection. This protection shall cease to apply if, subsequent to the completeness determination made pursuant to subdivision 6.1.d and as required by subdivision 4.1.b, the applicant fails to submit by the deadline specified in writing by the Secretary any additional information identified as being needed to process the application.
6.3. Permit renewal and expiration.
6.3.a. Permits being renewed are subject to the same procedural requirements, including those for public participation, that apply to initial permit issuance.
6.3.b. Permit expiration terminates the source’s right to operate unless a timely and complete renewal application has been submitted consistent with subsection 6.2 and paragraph 4.1.a.3.
6.3.c. If the Secretary fails to take final action to deny or approve a timely and complete permit application before the end of the term of the previous permit, the permit shall not expire until the renewal permit has been issued or denied, and any permit shield granted for the permit shall continue in effect during that time.
6.4. Administrative permit amendments.
6.4.a. An “administrative permit amendment” is a permit revision that:
6.4.a.1. Corrects typographical errors;
6.4.a.2. Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source;
6.4.a.3. Requires more frequent monitoring or reporting by the permittee;
6.4.a.4. Allows for a change in ownership or operational control of a source where the Secretary determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the Secretary;
6.4.a.5. Incorporate into the Title V operating permit all provisions required under 45CSR13, 45CSR14 and 45CSR19 provided that procedural requirements substantially equivalent to sections 6 and 7 and compliance requirements substantially equivalent to section 5 have been satisfied, as applicable if the change was subject to review as a significant permit modification; or
6.4.a.6. Is approved pursuant to 45CSR33.
6.4.b. An administrative permit amendment may be made by the Secretary consistent with the following:
6.4.b.1. The Secretary shall take no more than sixty (60) days from receipt of a request for an administrative permit amendment to take final action on such request, and may incorporate such changes without providing notice to the public or affected states provided that the Secretary designates any such permit revisions as having been made pursuant to subsection 6.4.
6.4.b.2. The Secretary shall submit a copy of the revised permit to the U.S. EPA.
6.4.b.3. The source may implement the changes addressed in the request for an administrative amendment immediately upon submittal of the request.
6.4.c. The Secretary may, upon taking final action granting a request for an administrative permit amendment, allow coverage by the permit shield in subsection 5.6 for administrative permit amendments made pursuant to paragraph 6.4.a.5, which meets the relevant requirements of sections 5, 6, and 7 for significant permit modifications.
6.5. Permit modification. -- A permit modification is any revision or modification to a Title V operating permit that cannot be accomplished under the provisions for administrative permit amendments under subsection 6.4. Permit modifications for the purposes of the acid deposition control portion of the permit shall be governed by 45CSR33.
6.5.a. Minor permit modification procedures.
6.5.a.1. Criteria.
6.5.a.1.A. Minor permit modification procedures may be used only for those permit modifications that:
6.5.a.1.A.1. Do not violate any applicable requirement;
6.5.a.1.A.2. Do not involve significant changes to existing monitoring, reporting, or recordkeeping requirements in the permit;
6.5.a.1.A.3. Do not require or change a case-by-case determination of an emission limitation or other standard, or a source-specific determination for temporary sources of ambient air quality impacts, or a visibility or increment analysis;
6.5.a.1.A.4. Do not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and which permit or condition has been used to avoid an applicable requirement to which the source would otherwise be subject. Such terms and conditions include, but are not limited to, a federally enforceable emissions cap used to avoid classification as a modification under any provision of Title I or any alternative emissions limit approved pursuant to regulations promulgated under §112(i)(5) of the Clean Air Act;
6.5.a.1.A.5. Do not involve preconstruction review under Title I of the Clean Air Act or 45CSR14 and 45CSR19; and
6.5.a.1.A.6. Are not required under any rule of the Secretary to be processed as a significant modification.
6.5.a.1.B. Notwithstanding subparagraph 6.5.a.1.A, minor permit modification procedures may be used for permit modifications involving the use of economic incentives, marketable permits, emissions trading, and other similar approaches, to the extent that such minor permit modification procedures are explicitly provided for in rules of the West Virginia Department of Environmental Protection which are approved by U.S. EPA as part of the State Implementation Plan under the Clean Air Act, or which may be otherwise provided for in the Title V operating permit issued under this rule.
6.5.a.1.C. When a permit is modified, only the conditions subject to modification can be reopened, and all other conditions of the permit remain in effect.
6.5.a.2. Application. -- An application requesting the use of minor permit modification procedures shall meet the requirements of subsection 4.3 and shall include the following:
6.5.a.2.A. A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;
6.5.a.2.B. The source’s suggested draft permit;
6.5.a.2.C. Certification by a responsible official, consistent with subsection 4.4, that the proposed modification meets the criteria for use of minor permit modification procedures and a request that such procedures be used; and
6.5.a.2.D. Completed forms for the Secretary to use to notify U.S. EPA and affected states as required under section 7.
6.5.a.3. U.S. EPA and affected states notification. --
6.5.a.3.A. Within five (5) working days of receipt of a complete permit modification application, the Secretary shall meet the obligation under subdivisions 7.1.a and 7.2.a to notify U.S. EPA and affected states of the requested permit modification. The proposed permit shall be the same as the draft permit for this purpose.
6.5.a.3.B. The Secretary shall promptly send any notice required under subdivision 7.2.b to U.S. EPA.
6.5.a.3.C. All notifications shall be made in writing.
6.5.a.4. Timetable for issuance. -- The Secretary shall not issue a final permit modification until after U.S. EPA’s forty-five (45) day review period or until U.S. EPA has notified the Secretary that U.S. EPA will not object to the issuance of the permit modification, whichever is first, although the Secretary may approve the permit modification prior to that time. Within ninety (90) days of the Secretary’s receipt of an application under minor permit modification procedure or fifteen (15) days after the end of U.S. EPA’s forty-five (45) day review period under subsection 7.3, whichever is later, the Secretary shall:
6.5.a.4.A. Issue the permit modification as proposed;
6.5.a.4.B. Deny the permit modification application;
6.5.a.4.C. Determine that the requested modification does not meet the minor permit modification procedure criteria and should be reviewed under the significant modification procedures; or
6.5.a.4.D. Revise the draft permit modification and transmit to U.S. EPA, and, if appropriate, affected states, the new proposed permit modification in accordance with subdivisions 7.1.a and 7.2. In the event that draft permit modifications are made, the Secretary shall utilize the same procedures outlined in paragraph 6.5.a.4.
6.5.a.5. Permittee’s ability to make change. -- A permittee may not make a change to a source proposed in a minor permit modification application unless it has submitted the permit application at least seven (7) days prior to making the proposed change. After the source makes the proposed change allowed by the preceding sentence, and until the Secretary takes any of the actions specified in subparagraphs 6.5.a.4.A through 6.5.a.4.C, the source must comply with both the applicable requirements governing the change and the proposed permit terms and conditions. During this time period, the source need not comply with the existing permit terms and conditions it seeks to modify. However, if the source fails to comply with its proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to modify may be enforced against it and violation of the proposed terms and conditions is relevant in considering any sanction.
6.5.a.6. Permit shield. -- The permit shield under subsection 5.6 shall not extend to minor permit modifications.
6.5.b. Significant modification procedures.
6.5.b.1. Criteria. -- Significant modification procedures shall be used for applications requesting significant permit modifications that do not qualify as minor permit modifications or as administrative amendments including, but not limited to, the following:
6.5.b.1.A. Modifications under any provision of Title I of the Clean Air Act, except those that qualify for processing as administrative permit amendments under subsection 6.4 or any rule of the Secretary required under Title I of the Clean Air Act;
6.5.b.1.B. A significant change in existing monitoring permit terms or conditions, or constitute a relaxation of reporting or recordkeeping permit terms or conditions;
6.5.b.1.C. A change to a case-by-case determination of an emission limitation or other standard, or a source-specific determination for temporary sources of ambient impacts, or a visibility or increment analysis;
6.5.b.1.D. Establishment of or change to a permit or condition for which there is no corresponding underlying applicable requirement, and
6.5.b.1.E. Proposed changes which in the judgement of the Secretary would require decisions to be made on significant or complex issues that generate or are likely to generate significant material adverse comment from the public, affected states, or U.S. EPA with respect to the determination of applicable requirements or air quality impacts.
6.5.b.2. Significant permit modifications shall meet all requirements of sections 6 and 7, including those for applications, for public participation, review by affected states and review by U.S. EPA as they apply to permit issuance and permit renewal. The Secretary shall complete the review process for significant permit modifications within six (6) months after receipt of a complete application.
6.5.b.3. When a permit is modified, only the conditions subject to modification can be reopened, and all other conditions of the permit remain in effect.
6.6. Reopening for cause.
6.6.a. Each issued permit shall include provisions specifying the conditions under which the permit will be opened prior to the expiration of the permit. A permit shall be reopened and revised under any of the following circumstances:
6.6.a.1. Additional applicable requirements under the Clean Air Act or the Secretary’s rules become applicable to a major source with a remaining permit term of three (3) or more years. Such a reopening shall be completed not later than eighteen (18) months after promulgation of the applicable requirement. No such reopening is required if the effective date of the requirement is later than the date on which the permit is due to expire, unless the original permit or any of its terms and conditions has been extended pursuant to one of the following:
6.6.a.1.A. The permit shall not expire until the renewal permit has been issued or denied and any permit shield that may be granted pursuant to subsection 5.6 may extend beyond the original permit term until renewal; or
6.6.a.1.B. All the terms and conditions of the permit including any permit shield that may be granted pursuant to subsection 5.6 shall remain in effect until the renewal permit has been issued or denied.
6.6.a.2. Additional requirements (including excess emissions requirements) become applicable to an affected source under 45CSR33 and Title IV of the Clean Air Act or other rules of the West Virginia Department of Environmental Protection. Upon approval by U.S. EPA, excess emissions offset plans shall be incorporated into the permit.
6.6.a.3. The Secretary or U.S. EPA determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit.
6.6.a.4. The Secretary or U.S. EPA determines that the permit must be revised or revoked and reissued to assure compliance with the applicable requirements.
6.6.b. Proceedings to reopen and issue a permit shall follow the same procedures as apply to initial permit issuance and shall affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as practicable.
6.6.c. Reopenings under subdivision 6.6.a shall not be initiated before a notice of such intent is provided to the source by the Secretary at least thirty (30) days in advance of the date that the permit will be reopened, except that the Secretary may provide a shorter time period in the case of an emergency. The notice shall include a statement of the reasons for the reopening of the permit. Until such time as a permit is reissued pursuant to the reopening, the source shall be entitled to the continued protection of any permit shield provided in the permit, unless the Secretary specifically suspends the shield upon a finding that such suspension is necessary to implement applicable requirements.
6.7. Reopenings for cause resulting from U.S. EPA notice.
6.7.a. The Secretary shall, within ninety (90) days after receipt of a notification from U.S. EPA that cause exists to terminate, modify, or revoke and reissue a permit, forward to U.S. EPA a proposed determination of termination, modification, or revocation and reissuance, as is appropriate. The Secretary may request an extension of this ninety (90) day period for an additional ninety (90) days if the Secretary finds that a new or revised permit application is necessary or that the Secretary must require the permittee to submit additional information.
6.7.b. The Secretary shall have ninety (90) days from receipt of a U.S. EPA objection to resolve any objection that U.S. EPA makes and to terminate, modify, or revoke and reissue the permit in accordance with U.S. EPA’s objection. In accordance with the Clean Air Act and federal rules promulgated thereunder, U.S. EPA has authority to terminate, modify, or revoke and reissue a Title V operating permit after failure of the State and permit holder to resolve a U.S. EPA objection and upon proper notice to the permit holder.
6.8. Public participation. -- Except for modifications qualifying for minor permit modification procedures, all permit proceedings, including initial permit issuance, significant modifications, and renewals, shall provide adequate procedures for public notice including offering an opportunity for public comment and a hearing on the draft permit. These procedures shall include the following:
6.8.a. Public notice.
6.8.a.1. Scope:
6.8.a.1.A. Public notice shall be given that the following actions have occurred:
6.8.a.1.A.1. A draft permit has been prepared, and
6.8.a.1.A.2. A hearing has been scheduled pursuant to subparagraph 6.8.a.2.B.
6.8.a.1.B. Public notices may describe more than one (1) permit or permit part.
6.8.a.2. Timing.
6.8.a.2.A. Public notice of the preparation of a draft permit shall allow at least thirty (30) days for public comment. Upon request of the permit applicant the public comment period may be extended for an additional thirty (30) days. Further extension of the comment period may be granted by the Secretary for good cause shown but in no case may the further extension exceed an additional thirty (30) days.
6.8.a.2.B. Public notice of a public hearing shall be given at least thirty (30) days before the hearing. Public notice of the hearing may be given at the same time as public notice of the draft permit and the two (2) notices may be combined.
6.8.a.3. Methods. -- Public notice shall be given by the following methods:
6.8.a.3.A. By mailing or emailing a copy of a notice to the following persons (any person otherwise entitled to receive notice under this subparagraph may waive his or her rights to receive notice for any classes and categories or permits):
6.8.a.3.A.1. The applicant;
6.8.a.3.A.2. Any other State or Federal agency which the Secretary knows has issued or is required to issue a permit for the same facility or activity under the Federal Resource Conservation and Recovery Act (RCRA) or other relevant statutes;
6.8.a.3.A.3. Other appropriate government authorities, including the Federal Land Manager when Federal Class I areas, as defined in 45CSR14, are potentially affected; and
6.8.a.3.A.4. Persons on a mailing list developed by the Secretary using generally accepted methods that enable interested parties to subscribe to the mailing list. The Secretary may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Secretary may delete from the list the name of any person who fails to respond to such a request within a reasonable timeframe.
6.8.a.3.B. By the Secretary publishing the public notice as a Class I legal advertisement in a newspaper of general circulation in the area where the emission will occur.
6.8.a.3.C. Any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.
6.8.a.4. Contents.
6.8.a.4.A. All public notices. -- All public notices issued under this rule shall contain the following minimum information:
6.8.a.4.A.1. Name and address of the Division of Air Quality;
6.8.a.4.A.2. Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit, except in the case of general permits;
6.8.a.4.A.3. A brief description of the business conducted at the facility or activity described in the permit application or in the draft permit, when there is no application;
6.8.a.4.A.4. The emissions change associated with any significant permit modification.
6.8.a.4.A.5. Name, address, and telephone number or an email or website address of the Secretary from whom interested persons may obtain further information, including copies of the draft permit or draft general permit, fact sheet, and the application;
6.8.a.4.A.6. A brief description of the comment procedures required by subdivisions 6.8.b and 6.8.c and the time and place of any hearing that will be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled) and other procedures by which the public may participate in the final permit decision; and
6.8.a.4.B. Public notices for hearings. -- In addition to the requirements of subparagraph 6.8.a.4.A, public notice of a hearing shall contain the following information:
6.8.a.4.B.1. Reference to the date of previous public notices relating to the permit;
6.8.a.4.B.2. Date, time, and place of the hearing; and
6.8.a.4.B.3. A brief description of the nature and purpose of the hearing, including the applicable rules and procedures.
6.8.b. Public comments and requests for public hearings. -- During the public comment period provided under subdivision 6.8.a, any interested person may submit written comments on the draft permit and may request a public hearing, if no public hearing has already been scheduled. The Secretary shall grant such a request for a hearing if he or she concludes that a public hearing is appropriate after consideration of the criteria in paragraph 6.8.c.1. Any request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. All comments shall be considered in making the final decision and shall be responded to as provided in subdivision 6.8.e.
6.8.c. Public hearings.
6.8.c.1. The Secretary shall hold a public hearing whenever he or she finds, on the basis of requests, a significant degree of public interest on issues relevant to the draft permit(s). The Secretary may also hold a public hearing at his or her discretion, whenever, for instance, such a hearing might clarify one (1) or more issues involved in the permit decision.
6.8.c.2. Any person may submit oral or written statements and data concerning the draft permit. Reasonable limits may be set upon the time allowed for oral statements, and the submission of statements in writing under paragraph 6.8.a.2 shall automatically be extended to ten (10) days after the close of any public hearings under subdivision 6.8.c.
6.8.c.3. A recording or written transcript of the hearing shall be made available to the public, upon request.
6.8.c.4. Any public hearing required under the provisions of subsection 6.8 shall be held in the general area or the county in which a facility is located.
6.8.d. Reopening of the public comment period.
6.8.d.1. If any data, information or arguments submitted during the public comment period raise substantial new questions concerning a permit, or if as a result of comments submitted by someone other than the permit applicant, the Secretary determines to revise any condition of the permit that has been subject to initial public notice, the Secretary shall take one (1) or more of the following actions:
6.8.d.1.A. Prepare a new draft permit, appropriately modified, under section 5;
6.8.d.1.B. Prepare a revised fact sheet under subsection 6.9; or
6.8.d.1.C. Reopen or extend the comment period under subdivision 6.8.a. to give interested persons an opportunity to comment on the information or arguments submitted.
6.8.d.2. Comments filed during the reopened comment period shall be limited to the substantial new questions that caused its reopening. The public notice shall define the scope of the reopening.
6.8.e. Response to comments.
6.8.e.1. At the time that any final permit is issued, the Secretary shall issue a response to comments. This response shall:
6.8.e.1.A. Specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change; and
6.8.e.1.B. Briefly describe and respond to all significant comments on the draft permit raised during the public comment period, or during any hearing.
6.8.e.2. The response to comments shall be provided to any person who commented or any person who requests the same.
6.8.e.3. The Secretary shall keep a record of the commenters, the issues raised, and written comments received during the public participation process.
6.9. Fact sheet.
6.9.a. A fact sheet shall be prepared for every draft permit (including general permits) and for every facility or activity subject to this rule. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permit. The Secretary shall send this fact sheet to the applicant and, on request, to any other person and to the persons required under paragraph 6.8.a.3.
6.9.b. When a term or condition of the final permit differs from the draft permit the Secretary shall prepare a statement of basis that briefly describes each change from the changes in the draft permit and the reasons for the changes. The statement of basis shall be sent to the applicant, and to any other person upon request.
6.9.c. The fact sheet shall include, when applicable:
6.9.c.1. A brief description of the type of facility or activity which is the subject of the draft permit;
6.9.c.2. The type and quantity of emissions which are proposed to be or are being discharged;
6.9.c.3. A brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions;
6.9.c.4. Reasons why any requested variances or alternatives to required standards do or do not appear justified;
6.9.c.5. A description of the procedures for reaching a final decision on the draft permit including;
6.9.c.5.A. The beginning and ending dates of the comment period under subdivision 6.8.a and the address where comments will be received;
6.9.c.5.B. Procedures for requesting a hearing and the nature of that hearing; and
6.9.c.5.C. Any other procedures by which the public may participate in the final decision.
6.9.c.6. Name, telephone number, and email of a person to contact for additional information;
6.9.c.7. Any calculations or other necessary explanation of the derivation of specific emissions limitations and conditions including a citation to the applicable emission regulations, control technology guideline, or performance standard provisions and reasons why they are applicable or an explanation of how any alternative emission limitations were developed; and
6.9.c.8. When appropriate, a sketch or detailed description of the location of the emission source(s) described in the application.
W. Va. Code R. § 45-30-7 Permit Review by U.S. EPA and Affected States
7.1. Transmission of information to U.S. EPA.
7.1.a. The Secretary shall provide to the U.S. EPA a copy of each permit application (including any application for a significant or minor permit modification), each fact sheet, each proposed permit, and each final Title V operating permit. The applicant may be required by the Secretary to provide a copy of the permit application (including the compliance plan) directly to the U.S. EPA. Upon agreement with the U.S. EPA, the Secretary may submit to the U.S. EPA a permit application summary form and any relevant portion of the permit application and compliance plan in place of the complete permit application and compliance plan. To the extent practicable, the preceding information shall be provided in computer-readable format compatible with U.S. EPA’s national database management system.
7.1.b. If significant comment is received during the public participation process, the Secretary shall provide to U.S. EPA a written response to comments on the draft permit and an explanation of how those public comments and the response to comments document are available to the public.
7.1.c. Sequential review. If the public participation process for a draft permit concludes before the proposed permit is submitted to the Administrator, the fact sheet and the written response to comments, if significant comment was received during the public participation process under subsection 6.8, shall be submitted with the proposed permit along with other supporting materials required under subdivision 7.1.a, excepting the final permit. U.S. EPA’s forty-five (45) day review period for the proposed permit will begin when said materials have been received.
7.1.d. Concurrent review. If the Secretary submits a proposed permit to U.S. EPA before the public participation process on the draft permit has been completed, the fact sheet shall be submitted with the proposed permit along with other supporting materials required under subdivision 7.1.a, excepting the final permit and the written response to comments.
7.1.d.1. If the Secretary receives significant comment on the draft permit during the public participation process under subsection 6.8, U.S. EPA will no longer consider the submitted permit as a permit proposed to be issued under the CAA.
7.1.d.2. If required by paragraph 7.1.d.1, the Secretary shall make revisions as needed to the permit and fact sheet to address such public comments and prepare a written response to comments according to subdivision 6.8.e. The Secretary shall submit the proposed permit and supporting material required under subdivision 7.1.a, excepting the final permit, to U.S. EPA after the public comment period has closed. U.S. EPA’s review will begin after the proposed permit and supporting materials have been received.
7.1.e. The Secretary shall retain for five (5) years such records and submit to U.S. EPA such information as U.S. EPA may reasonably require to ascertain whether the state Title V operating permit program complies with the requirements of the Clean Air Act.
7.2. Review by affected states.
7.2.a. The Secretary shall give notice of each draft permit to any affected state on or before the time that the Secretary provides this notice to the public under subsection 6.8, except to the extent subdivision 6.5.a allows the timing of the notice to be different.
7.2.b. The Secretary, as part of the submittal of the proposed permit to U.S. EPA, (or as soon as possible after the submittal for minor permit modification procedures allowed under subdivision 6.5.a) shall notify U.S. EPA and any affected state in writing of any refusal by the Secretary to accept recommendations for the proposed permit that the affected state submitted during the public or affected state review period. The notice shall include the Secretary’s reasons for not accepting any such recommendation. The Secretary is not required to accept recommendations that are not based on applicable requirements or the requirements of this rule.
7.3. U.S. EPA objection.
7.3.a. A permit shall not be issued by the Secretary if U.S. EPA objects in writing to the issuance of the permit within forty-five (45) days of the receipt of the proposed permit.
7.3.b. Any U.S. EPA objection under subdivision 7.3.a must contain a statement of U.S. EPA’s reasons for objection and a description of the terms and conditions that U.S. EPA believes the permit must include to respond to the objections.
7.4. Public petitions to the U.S. EPA. -- If the U.S. EPA does not object in writing under subsection 7.3, any person may petition U.S. EPA within sixty (60) days after the expiration of U.S. EPA’s forty-five (45)-day review period to make such objection. The petitioner shall provide a copy of such petition to the Secretary and to the applicant. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in subsection 6.8, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. If the U.S. EPA objects to the permit as a result of a petition filed under this subsection, the Secretary shall not issue the permit until U.S. EPA’s objection has been resolved, except that a petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the forty-five (45)-day review period and prior to an U.S. EPA objection.
7.4.a. If the Secretary issued the permit prior to receiving the U.S. EPA’s objection, the U.S. EPA will modify, terminate, or revoke such permit consistent with the requirements of 40CFR §§ 70.7(g)(4) or (g)(5)(i) and (ii) except in unusual circumstances. The Secretary may thereafter only issue a permit that satisfies the U.S. EPA’s objection. The permittee will not be in violation of the requirement to submit a timely and complete application.
7.4.b. Each public petition shall meet all requirements provided in 40CFR § 70.12.
7.4.c. In reviewing public petitions, U.S. EPA will consider documents identified in 40CFR § 70.13.
7.4.d. Each public petition shall be submitted in accordance with 40CFR § 70.14.
7.5. Prohibition on default issuance. -- No Title V operating permit (including a permit renewal or modification) shall be issued by the Secretary until affected states and U.S. EPA have had an opportunity to review the proposed permit as required under this section.
W. Va. Code R. § 45-30-8 Fees
8.1. All stationary sources subject to this rule shall pay annual fees in accordance with subsection 8.1. A source’s Title V fee is calculated by adding the Consumer Price Index (CPI) adjusted base fee component (BF) under subdivision 8.1.a, the Consumer Price Index (CPI) adjusted complexity fee component (CF) under subdivision 8.1.a, and the emissions fee component (EF) under subdivision 8.1.b as follows:
Title V Fee = BF + CF + EF
8.1.a. Title V base fee (BF) and complexity fee (CF) components.
8.1.a.1. Permit Source Base Fee (PSBF). All sources required to obtain a Title V operating permit shall pay an annual base fee of $5,000.
8.1.a.2. Deferred Source Base Fee (DSBF). All sources subject to this rule that are deferred from the obligation to obtain a Title V operating permit shall pay an annual base fee of $0.
8.1.a.3. Complexity Fee (CF111). All sources subject to an applicable standard promulgated under CAA §111 and 45CSR16, 45CSR18 and 45CSR23 shall pay an annual complexity fee of $1,000. The CF111 fee is independent of the number of standards to which the source is subject.
8.1.a.4. Complexity Fee (CF112). All sources subject to an applicable standard promulgated under CAA §112, except for §112(r) which is exempt, and 45CSR34 shall pay an annual complexity fee of $1,000. The CF112 fee is independent of the number of standards to which the source is subject.
8.1.a.5. Base and complexity fees required by paragraphs 8.1.a.1 through 8.1.a.4 shall be adjusted annually by the consumer price index (CPI) specified in paragraph 8.1.a.6.
8.1.a.6. Consumer price index (CPI) riser. Effective July 1, 2025, the Title V base and complexity fees shall be increased by the percentage, if any, by which the Consumer Price Index for the most recent calendar year, as defined in subparagraph 8.1.a.6.A, ending before the beginning of such year exceeds the Consumer Price Index for the reference calendar year 2023. For this rule:
8.1.a.6.A. The Consumer Price Index for any calendar year is the average of the Consumer Price Index for all-urban consumers (CPI-U) published by the U.S. Bureau of Labor Statistics, as of the close of the twelve (12) month period ending on August 31 of each calendar year.
8.1.a.6.B. The CPI-U area coverage is U.S. city average, the series title is all items, and the index base period is 1982-84 equals 100 or the revision of the CPI most consistent with this paragraph.
8.1.a.6.C. On or before June 1, 2025, and each June 1 thereafter, the Secretary shall determine the CPI riser for the coming fiscal year. The fees adjusted pursuant to paragraph 8.1.a.6 are not cumulative and shall remain adjusted for not more than one year.
8.1.a.6.D. The CPI riser shall be calculated using the formula specified in paragraph 8.1.a.7.
8.1.a.7. CPI Riser Calculation. The formula to determine the annual CPI Riser is:
CPI riser = ((CPI current year – CPI reference year)/(CPI reference year)) + 1
8.1.b. Title V emissions fee component (EF). On July 1 each year, annual Title V emissions fees for all stationary sources subject to this rule shall be calculated by multiplying the dollars per ton ($/ton) emissions fee factor (EFF) under paragraph 8.1.b.1 by the source’s actual emissions (AE) of all regulated pollutants (for fee calculation) discharged during the most recent calendar year or portion thereof. The formula to determine the EF is:
EF = EFF x AE Where:
EF is the source’s emissions fee component.
EFF ($/ton) is the emission fee factor under paragraph 8.1.b.1.
AE (tons) is the source’s actual emissions of all regulated pollutants (for fee calculation) discharged during the most recent calendar year or portion thereof.
8.1.b.1. On or before June 1, 2023, and each June 1 thereafter, the Secretary shall calculate the emissions fee factor (EFF) ($/ton) in accordance with the following formula:
EFF = [TVE – TVI – (PSBF x TPS) – (DSBF x TDS) – (CF111 x T111) – (CF112 x T112)]/TAE Where:
EFF ($/ton) is the emission fee factor for calculating emissions fees in subdivision 8.1.b.
TVE is the three (3) fiscal year average of expenses under Air Pollution Control Fund 3336/9310.
TVI is the interest earned from Air Pollution Control Fund 3336/9310 for the fiscal year.
PSBF is the source base fee under paragraph 8.1.a.1 adjusted by the CPI.
TPS is the total number of sources required to obtain a permit subject to paragraph 8.1.a.1.
DSBF is the deferred source base fee under paragraph 8.1.a.2 adjusted by the CPI.
TDS is the total number of deferred sources subject to paragraph 8.1.a.2.
CF111 is the complexity fee for sources subject to paragraph 8.1.a.3 adjusted by the CPI.
T111 is the total number of sources subject to paragraph 8.1.a.3.
CF112 is the complexity fee for sources subject to paragraph 8.1.a.4 adjusted by the CPI.
T112 is the total number of sources subject to paragraph 8.1.a.4.
TAE is the total amount of actual emissions (tons) of all regulated pollutants (for fee calculation) for all sources subject to this rule, as reported for the most recent calendar year.
8.1.b.2. The fiscal year is the period from July 1 through June 30. For the purpose of the calculation under paragraph 8.1.b.1:
8.1.b.2.A. The fiscal year shall be the last completed fiscal year and
8.1.b.2.B. The three (3) fiscal year average shall be the last three completed fiscal years.
8.2. Penalties and interest. Any person who operates a stationary source in violation of section 8 shall be subject to a penalty equal to five (5) percent of the fees required under section 8 for each calendar month or portion thereof in which the violation continues in addition to the annual fees required to be paid under section 8. Fees due for the fiscal year beginning July 1 shall not be subject to any penalties if paid on or before July 31 of that fiscal year. This penalty for delinquent payment is separate from and unrelated to any other penalties assessed by a court or collected by the Secretary pursuant to W.Va. Code §22-5-1 et seq., or any rules of the West Virginia Department of Environmental Protection.
8.3. Actual Emissions.
8.3.a. The emissions fee (EF) component will be based upon an accurate accounting of the source’s actual emissions of all regulated pollutants (for fee calculation) from the most recent calendar year. For sources subject to paragraph 8.1.a.1, the actual emissions shall be submitted to the Secretary no later than March 31 of each year and shall account for emissions from the previous calendar year. For deferred sources subject to paragraph 8.1.a.2, the actual emissions shall be submitted to the Secretary no later than May 1 of each year and shall account for emissions from the previous calendar year.
8.3.b. Emissions submitted by a source are subject to review by the Secretary. The Secretary shall make or shall require the source to make corrections to the emissions.
8.3.b.1. The source shall be liable for any increased fees resulting from any adjustments to emissions made pursuant to subdivision 8.3.b.
8.3.b.2. The Secretary shall credit the source with any decreasing adjustments to the emissions made pursuant to subdivision 8.3.b.
8.3.c. Fees are due by July 31 of each year.
8.4. If the Air Pollution Control Fund 3336/9310 balance becomes higher than necessary to effectively operate the Title V program, the Director shall waive the CPI riser used in the calculations under 8.1 for the coming fiscal year. Higher than necessary is defined as 110% of the TVE, or the three (3) fiscal year average of expenses.
8.5. On or before October 1, the Secretary shall prepare an accounting of all Title V fees received in the previous fiscal year and shall include how the fees were used to fund the Title V operating permit program.
8.6. The Secretary shall transition the base fee components under subdivision 8.1.a in accordance with the following, which shall apply when the rule becomes effective.
8.6.a. The Permitted Source Base Fee (PSBF) is $ 5,000.
8.6.b. The Deferred Source Base Fee (DSBF) is $ 0.
8.6.c. These base fee components shall remain in effect until revised or superseded.
W. Va. Code R. § 45-30-9 [Reserved]
W. Va. Code R. § 45-30-10 Enforcement
10.1. General. -- The provisions of this rule may be enforced by all of the applicable provisions of W.Va. Code §22-5-1, et seq.
10.2. Violations. -- Civil penalties shall be recoverable for the violation of any applicable requirement, permit condition, fee or filing requirement, duty to allow or carry out inspections, entry or monitoring activity, requirement for submission of reports, rule of the West Virginia Department of Environmental Protection or order of the Secretary. Such violations shall constitute serious violations for purposes of civil enforcement as contained in W.Va. Code §22-5-6.
10.3. Federal enforcement. -- For purposes of federal enforcement of any Title V operating permit or provision established under this rule, any reference to the Secretary shall also mean the Administrator of the U.S. EPA.
10.4. Tampering prohibited. -- Pursuant to W.Va. Code §22-5-6, criminal penalties shall be recoverable against any person who knowingly renders inaccurate any required emission or process monitoring device or method.
W. Va. Code R. § 45-30-11 Permit Suspension, Modification, Revocation and Reissuance
The Secretary may suspend, modify, or revoke and reissue a Title V operating permit in accordance with the provisions contained in W.Va. Code §22-5-5.
W. Va. Code R. § 45-30-12 Authority of the Secretary to Establish Applicable Requirements
12.1. After the effective date of the Title V operating permit program, the Secretary shall determine and apply case-by-case MACT standards to each category contained in the “Initial List of Categories of Sources Under 112(c)(l) of the Clean Air Act Amendments of 1990,” 57 Fed. Reg. 31576 (July 16, 1992) for each source category or subcategory for which U.S. EPA fails to timely promulgate a standard in accordance with the requirements of §112(e) of the Clean Air Act.
12.2. [ Reserved.]
12.3. After the effective date of the operating permit program, the Secretary shall determine and apply case-by-case MACT standards to construction or reconstruction of any major source of hazardous air pollutants where no applicable emissions limitations have been adopted by the Secretary. Such MACT standards must be equivalent to any applicable standard (if any) promulgated for such sources by U.S. EPA.
12.4. In determining case-by-case MACT standards, the Secretary shall grant reasonable compliance schedules for existing sources, as provided under §112(e) of the Clean Air Act, and shall not require application for MACT under paragraph 4.1.a.4 where a source has met the early reduction requirement of §112(i)(5) of the Clean Air Act.
12.5. The Secretary may accept delegation of authority from U.S. EPA to administer permits issued by U.S. EPA under the provisions of 45CSR33 and Title IV of the Clean Air Act.
12.6. The Secretary may accept delegation of authority to administer permits issued by U.S. EPA under the early reduction program for hazardous air pollutants of §112(i)(5) of the Clean Air Act. Such authority shall include the ability to collect emission-based fees under section 8.
12.7. The Secretary may incorporate any provision into a permit which has been proposed by or agreed to by a permit applicant and which does not conflict with any applicable requirement. All such provisions shall be enforceable after issuance of a final permit.
W. Va. Code R. § 45-30-13 Severability
13.1. The provisions of this rule are severable and if any provision or part thereof shall be held invalid, unconstitutional, or inapplicable to any person or circumstance, such invalidity, unconstitutionality, or inapplicability shall not affect or impair any other remaining provisions, sections, or parts of this rule or their application to any persons and circumstances.
W. Va. Code R. § 45-30-14 Conflict with Other Rules
14.1. If a source is required to obtain an operating permit pursuant to this rule and is also required to obtain an operating permit under any other rule of the Secretary (not including preconstruction permits), then the provisions of this rule shall supersede the provisions of such other rule of the Secretary which requires an operating permit.
Series 30A Deferral Of Nonmajor Area Sources from Permitting Requirements
W. Va. Code R. § 45-30A-1 General
1.1. Scope. -- Series 30A provides for the deferral of nonmajor and area sources from the obligation to obtain a permit under WV 45CSR30 "Requirements for Operating Permits".
1.2. Authority. -- W. Va. Code ''22-5-4,12; 29A-1-2(c); and WV 45CSR30.
1.3. Filing Date. -- January 18, 2000.
1.4. Effective Date. -- February 18, 2000.
W. Va. Code R. § 45-30A-2 Definitions
2.1. The definitions set forth in WVCSR '45-30-2 shall apply to this rule as though set forth herein with the exception of the following definition:
2.1.a. AArea source@ means any nonmajor source subject to a standard, limitation or other requirement under 40 CFR Part 63.
W. Va. Code R. § 45-30A-3 Deferral of Nonmajor and Area Sources
3.1. Pursuant to the authority granted in WVCSR '45-30-3.2, the Director hereby defers from the obligation to obtain a permit under WV 45CSR30 each source that:
3.1.a. Is subject to a standard, limitation or other requirement promulgated under '111 or '112 of the Clean Air Act; and
3.1.b. Is not a major source, an affected source, or a solid waste incineration unit required to obtain a permit pursuant to '129(e) of the Clean Air Act.
3.2. Notwithstanding the provisions of subsection 3.1, the Director may not defer an area source from the obligation to obtain a permit if the source is subject to a standard, limitation or other requirement promulgated after July 21, 1992, and the standard or requirement does not authorize the deferral of the source from the obligation to obtain a permit under Title V of the Clean Air Act.
3.3. Notwithstanding the provisions of subsection 3.1, the Director may not defer a source subject to a standard, limitation or other requirement under 40 CFR Part 60 ('111 of the Clean Air Act) from the obligation to obtain a permit in a manner inconsistent with any specific date or schedule established by such standard or requirement relating to the obligation to obtain a permit under Title V of the Clean Air Act.
3.4. Any sources deferred by the U.S. EPA from the obligation to obtain a Title V permit which are subsequently exempted by U.S. EPA from the requirement to obtain a permit shall not be required to obtain a permit under WV 45CSR30.
W. Va. Code R. § 45-30A-4 Deferral Period
4.1. The deferral of sources pursuant to this rule shall remain in effect until the date specified in any rulemaking promulgated by U.S. EPA relating to nonmajor or area sources and the obligation to obtain a permit under Title V of the Clean Air Act or until the date specified in any individual standard or requirement relating to a source=s obligation to obtain a Title V permit.
4.2. Upon expiration of the deferral period, sources deferred under this rule shall apply for permits in accordance with the requirements of WV 45CSR30 and the requirements of any rule promulgated by U.S. EPA relating to such nonmajor and area sources. Due dates for WV 45CSR30 permit applications from deferred sources shall be calculated in accordance with the application schedule under WVCSR '45-30-4.1.a or any schedule promulgated by U.S. EPA, whichever is more stringent.
4.3. Notwithstanding the provisions of subsection 3.1, sources that are deferred by operation of this rule may elect to apply for a permit under WV 45CSR30.
W. Va. Code R. § 45-30A-5 Effect of Deferral
5.1. Sources that are deferred by operation of this rule shall not be relieved from the requirements of any applicable statutes, rules, or permits, other than the requirement to obtain a permit under WV 45CSR30; provided, however, that such sources shall not be relieved from the obligation to pay any and all permit fees required under WV 45CSR30.
45CSR30A
Series 30B Identification And Counting Of Fugitive Emission In Major Source Determinations Under WV 45CSR30
W. Va. Code R. § 45-30B-1 General
1.1. Scope. -- Series 30B provides guidance with respect to which stationary sources are required to count fugitive emissions, and the proper method of identifying such emissions, in making major source determinations for the purpose of determining applicability of the permitting program under WV 45CSR30 "Requirements for Operating Permits."
1.2. Authority. -- W. Va. Code ''22-5-4, 12; 29A-1-2(c); and WV 45CSR30.
1.3. Filing Date. -- September 5, 1995.
1.4. Effective Date. -- October 5, 1995.
W. Va. Code R. § 45-30B-2 Definitions
The definitions set forth in WVCSR '45-30-2 shall apply to this rule as though set forth herein.
W. Va. Code R. § 45-30B-3 Sources Required To Count Fugitive Emissions In Making Major Source Determinations
3.1. Any source which belongs to a source category regulated by a standard promulgated under '111 or '112 of the Clean Air Act on or before August 7, 1980, including, but not limited to, those source categories listed in subparagraphs A through Z of WV CSR '45-30-2.26.b., shall include fugitive emissions from all quantifiable fugitive emission operations located at the source category, including, but not limited to, all Aaffected facilities@ at the source, in order to determine whether the source is a major source subject to the requirements of WV 45CSR30.
3.2. The provisions of subparagraph 3.1 apply to a source whether or not the source commenced construction or modification before the applicable date in the regulation promulgated under '111 or '112 of the Clean Air Act.
3.3. In addition to those facilities covered under subparagraphs 3.1 and 3.2, all coal preparation plants as defined under 40 C.F.R. '60.251(a) which process more than 200 tons per day shall count fugitives from all Aaffected facilities@ at the source, i.e., from all thermal dryers, pneumatic coal-cleaning equipment (air tables), coal processing and conveying equipment (including breakers and crushers), coal storage systems, and coal transfer and loading systems.
3.4. Fugitive emissions of hazardous air pollutants listed in '112(b) of the Clean Air Act shall be counted in determining whether a source is a major source subject to the requirements of WV 45CSR30, regardless of whether the source is included in a source category listed pursuant to '112(c) of the Clean Air Act.
3.5. For the purpose of this section, the term Aaffected facilities@ means those facilities which are listed or identified as Aaffected facilities@ in the applicable standard promulgated under '111 or '112 of the Clean Air Act.
W. Va. Code R. § 45-30B-4 Sources Not Required To Count Fugitive Emissions In Making Major Source Determinations
4.1. Any source which belongs to a stationary source category regulated by a standard promulgated under '111 or '112 of the Clean Air Act after August 7, 1980, including, but not limited to, those source categories listed in subparagraphs AA through QQ of WV CSR '45-30-2.26.b., shall not be required to count fugitive emissions in order to determine whether the source is a major source subject to the requirements of WV 45CSR30; provided however, that any such source shall still be required to count fugitives for hazardous air pollutants as provided under subsection 3.4 of this rule; provided further, that all such sources shall be required to count fugitive emissions at such time as U.S. EPA promulgates rulemaking pursuant to '302(j) of the Clean Air Act applicable to such sources.
45CSR30B
Series 31 Confidential Information
W. Va. Code R. § 45-31-1 General
1.1. Scope. -- This series establishes the requirements for claiming information submitted to the Director as confidential and the procedures for determinations of confidentiality in accordance with the provisions of W. Va. Code '22-5-10.
1.2. Authority. -- W. Va. Code '22-5-1 et seq.
1.3. Filing Date. -- June 27, 1997.
1.4. Effective Date. -- September 25, 1997.
1.5. Repeal of Former Rule. This legislative rule repeals and replaces 45 CSR 31, "Confidential Information" which became effective on July 7, 1993.
W. Va. Code R. § 45-31-2 Definitions
2.1. "Director" means the Director of the Division of Environmental Protection or such other person to whom the Director has delegated authority or duties pursuant to W. Va. Code '22-1-1 et seq.
2.2. "Division of Environmental Protection" or "DEP" means West Virginia Division of Environmental Protection created by the provisions of W. Va. Code '22-1-1 et seq.
2.3. "Trade Secrets" may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented which is known only to certain individuals within a commercial concern who are using it to fabricate, produce or compound an article or trade or a service or to locate minerals or other substances, having commercial value, and which gives its users an opportunity to obtain business advantage over competitors.
2.4. "Types and amounts of air pollutants discharged" means, with reference to any source of emission of any substance into the air -- 2.4.a.
2.4.a.1. Emission data necessary to determine the identity, amount, frequency, concentration, or other characteristics (to the extent related to air quality) of any emission which has been emitted by the source (or of any pollutant resulting from any emission by the source), or any combination of the foregoing;
2.4.a.2. Emission data necessary to determine the identity, amount, frequency, concentration, or other characteristics (to the extent related to air quality) of the emissions which, under an applicable standard or limitation, the source was authorized to emit (including, to the extent necessary for such purposes, a description of the manner or rate of operation of the source); and
2.4.a.3. A general description of the location and/or nature of the source to the extent necessary to identify the source and to distinguish it from other sources (including, to the extent necessary for such purposes, a description of the device, installation, or operation constituting the source).
2.4.b. Notwithstanding paragraph a of this subsection, the following information shall be considered to be emission data only to the extent necessary to allow the Director to disclose publicly that a source is (or is not) in compliance with an applicable standard or limitation, or to allow the Director to demonstrate the feasibility, practicability, or attainability (or lack thereof) of an existing or proposed standard or limitation:
2.4.b.1. Information concerning research, or the results of research, on any project, method, device or installation (or any component thereof) which was produced, developed, installed, and used only for research purposes; and
2.4.b.2. Information concerning any product, method, device, or installation (or any component thereof) designed and intended to be marketed or used commercially but not yet so marketed or used.
2.5. "Information" means any books, papers, maps, photographs, cards, tapes, recordings or other documentary materials regardless of physical form or characteristics and all air quality data, emission data, and permit applications.
2.6. "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.
2.7. "Designee" means a natural person located in the State of West Virginia and identified in the cover document as the designated representative who shall receive notice of the Director=s determination of confidentiality in accordance with this rule. Notice shall be deemed sufficient if the Director provides notice to the designee.
W. Va. Code R. § 45-31-3 Claim of Confidentiality
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.
3.4. Redacted Submission of Information Claimed Confidential for Public Disclosure. For each submission of information any portion of which is claimed to be confidential, a complete set of the information, including the document justifying the claim of confidentiality shall be submitted simultaneously on uncolored paper with the information claimed to be confidential blacked out, and with the words Aredacted copy - claim of confidentiality@ marked clearly on each such page, so that such a set of information is suitable for public disclosure and provides notice to the public that a claim of confidentiality has been made.
3.5. Electronic Media. Information that is claimed to be confidential and which is submitted in electronic form shall be identified as confidential in accordance with the conventions of the applicable software program. Such submissions shall include a cover document meeting all of the requirements of this section regardless of whether that cover document is submitted in electronic form or in hardcopy form. The submitter of information in electronic form that is claimed to be confidential shall provide notice to potential reviewers of the electronic data that information has been redacted from the submission.
W. Va. Code R. § 45-31-4 Determination of Confidentiality
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.
4.2. Notice of Determination by the Director.
4.2.a. Upon a determination made pursuant to request, the Director shall provide written notice of his or her determination of confidentiality to the designee and to the person requesting the disclosure of confidential information. If the Director determines that disclosure of information claimed confidential shall be made, the notice shall advise the designee and the person requesting disclosure of the information that will be disclosed, a time not less than ten (10) days from the date the notice was received by the designee, and place at which the person may inspect and copy the documents.
4.2.b. The Director may perform a determination of confidentiality without request, and upon such a determination, the Director shall provide written notice of his or her determination of confidentiality to the designee.
W. Va. Code R. § 45-31-5 Use of Confidential Material by the Director
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.
W. Va. Code R. § 45-31-6 Types and Amounts of Air Pollutants Discharged
6.1. No person shall claim as confidential, information concerning the types and amounts of air pollutants discharged.
45CSR31
Series 31B Confidential Business Information And Emmission Data
W. Va. Code R. § 45-31B-1 General
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.
W. Va. Code R. § 45-31B-2 Definitions
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).
2.3.b. Notwithstanding subdivision 2.3.a of this subsection, the following information shall be considered to be emission data only to the extent necessary to allow the Secretary to disclose publicly that a source is (or is not) in compliance with an applicable standard or limitation, or to allow the Secretary to demonstrate the feasibility, practicability, or attainability (or lack thereof) of an existing or proposed standard or limitation:
2.3.b.1. Information concerning research, or the results of research, on any project, method, device or installation (or any component thereof) which was produced, developed, installed, and used only for research purposes; and
2.3.b.2. Information concerning any product, method, device, or installation (or any component thereof) designed and intended to be marketed or used commercially but not yet so marketed or used.
2.4. “Emissions monitoring and sampling” means real-time monitoring, such as continuous emissions monitors, or statistically valid periodic sampling and monitoring that provides reliable and accurate data on emissions.
2.5. “Parametric monitoring” means combining the use of surrogate parameters and monitoring or sampling.
2.6. “Surrogate parameter” means a value that stands in place of throughput, production or some other variable claimed confidential. The term may include an alternative measure of production or throughput or some other production unit that correlates with production or throughput and with emissions. A surrogate parameter must have a simple direct relationship to the value it replaces.
W. Va. Code R. § 45-31B-3 Applicability
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.
W. Va. Code R. § 45-31B-4 What Information Constitutes Emission Data
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.
W. Va. Code R. § 45-31B-5 Contents of Permit
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.
W. Va. Code R. § 45-31B-6 Information Determined Emission Data by EPA
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.
45CSR31B
45CSR31B
Series 32 Serious And Minor Violations Of Applicable Rules
W. Va. Code R. § 45-32-1 General
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.
W. Va. Code R. § 45-32-2 Definitions
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.
W. Va. Code R. § 45-32-3 Serious Violation
3.1. Serious violation means:
3.1.a. Any failure or refusal to comply with any final order of the Director issued as provided in the Act;
3.1.b. Any violation specifically designated as a serious violation in any rule of the Director;
3.1.c. Any violation of any National Emission Standard for Hazardous Air Pollutants (NESHAP) emission, monitoring, or substantial procedural requirements for existing NESHAP standards, Best Available Technology (BAT) provisions under 45CSR27 and promulgated Maximum Achievable Control Technology (MACT) requirements;
3.1.d. Any State Implementation Plan (SIP), New Source Performance Standard (NSPS), or NESHAP procedural or monitoring requirements violated repeatedly or chronically including but not limited to failure to test, failure to report, or failure to obtain continuous monitoring data for five percent (5%) or more of the time in a calendar quarter;
3.1.e. Any substantive violation of a judicial order;
3.1.f. Construction and/or operation of a facility without obtaining any necessary construction and/or operating permit(s) required by rules promulgated under the Act;
3.1.g. Avoidance of Prevention of Significant Deterioration (PSD) review while violating an emission limit or permit condition which effects PSD status;
3.1.h. Exceedance of a permitted emission standard above the amount that would classify the source as a nonattainment area major source;
3.1.i. Any reckless, grossly negligent or willful violation of the Act;
3.1.j. Any violation that causes significant harm to humans, animals or plant life;
3.1.k. Any violation of an emissions limitation when the amount of such excess emission is significant as defined under any rule promulgated by the Director;
3.1.l. Any violation that the Director determines is serious after evaluating the violator's culpability and the gravity of such violation as follows: l.1. Gravity. The Director shall consider and evaluate, where pertinent, and including, but not limited to, the following factors in determining the gravity of a violation: 1.A. Involvement of significant actual or potential harm to the environment or the public health; 1.B. Involvement of toxic or hazardous substances or potential long term effect of the violation; 1.C. The degree to which any emission limitation or ambient standard is exceeded; 1.D. The duration of the violation; 1.E. Program priorities, size of facility, or other pertinent factors; 1.F. Causes a violation of a national ambient air quality standard or a program, plan or an applicable requirement; and 1.G. The degree of willfulness of the violation, defiance, or indifference to the applicable requirement. l.2. Culpability. The Director shall consider and evaluate, where pertinent, and include the following factors in determining the culpability of a violator: 2.A. The degree of intent or negligence; 2.B. Whether the case involves false reporting of required information or tampering with monitoring devices; and 2.C. Whether the violator has taken remedial measures or mitigated the harm caused by the violation. l.3. Either the gravity of the violation or the culpability of the violator is sufficient to allow the Director to determine that a violation is serious. Any one factor under either the gravity or culpability factors may be sufficient to allow the Director to determine that the violation is serious.
3.2. Emissions in excess of those allowed under any rule, permit, or order caused by an act of God or another cause over which an alleged violator has no reasonable control shall not be considered a violation unless the alleged violator knows or should have known of the condition and does not immediately report the condition and act promptly to mitigate or cure the condition.
W. Va. Code R. § 45-32-4 Separate Violations
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.
W. Va. Code R. § 45-32-5 Severability
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.
45CSR32
Series 33 Acid Rain Provisions and Permits
W. Va. Code R. § 45-33-1 General
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.
W. Va. Code R. § 45-33-2 Definitions
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.
W. Va. Code R. § 45-33-3 Requirements
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.
W. Va. Code R. § 45-33-4 Adoption of Standards
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.
W. Va. Code R. § 45-33-5 Inconsistency Between Rules
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.
Series 34 Emission Standards for Hazardous Air Pollutants
W. Va. Code R. § 45-34-1 General
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) 1 or more of the 8 substances listed as hazardous air pollutants in 40 C.F.R. § 61.01(a), or 1 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. -- March 31, 2026.
1.4. Effective Date. -- June 1, 2026.
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, 2025.
W. Va. Code R. § 45-34-2 Definitions
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.
W. Va. Code R. § 45-34-3 Requirements
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.
W. Va. Code R. § 45-34-4 Adoption of standards
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, 2025, 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.
W. Va. Code R. § 45-34-5 Secretary
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.
W. Va. Code R. § 45-34-6 Permits
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.
W. Va. Code R. § 45-34-7 Inconsistency between rules
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.
Series 35 Determining Conformity Of General Federal Actions To Applicable Implementation Plans (General Conformity)
W. Va. Code R. § 45-35-1 General
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 Secretarys 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.
W. Va. Code R. § 45-35-2 Definitions
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.
W. Va. Code R. § 45-35-3 Requirements
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.
W. Va. Code R. § 45-35-4 Adoption of Requirements
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.
W. Va. Code R. § 45-35-5 Inconsistency Between Rules
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.
Series 40 Control of Ozone Season Nitrogen Oxides Emissions
W. Va. Code R. § 45-40-1 General
1.1. Scope. -- This rule establishes:
1.1.a. Ozone season NOX emission limitation, monitoring, recordkeeping, reporting, excess emissions, and NOX budget demonstration requirements for large industrial boilers and combustion turbines that have a maximum design heat input greater than 250 MMBTU/hr, in accordance with 40 CFR §51.121; 1.1.b Ozone season NOX reduction, compliance plan, monitoring, recordkeeping and reporting requirements for affected stationary internal combustion engines; and
1.1.c. Ozone season NOX control standards, ozone season NOX compliance plan, reporting, monitoring and recordkeeping requirements for applicable cement manufacturing kilns.
1.2. Authority. -- W.Va. Code §22-5-4.
1.3. Filing Date. -- March 31, 2023.
1.4. Effective Date. -- April 1, 2023.
1.5. Sunset Provision. -- Exempt.
W. Va. Code R. § 45-40-2 Definitions
2.1. “Administrator” means the Administrator of the United States Environmental Protection Agency (U.S. EPA) or the Administrator’s duly authorized representative.
2.2. “Boiler” means an enclosed fossil or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.
2.3. “Clean Air Act” or “CAA” means the Clean Air Act, 42 U.S.C. 7401, et seq., as amended.
2.4. “Clinker” means the product of a Portland cement kiln from which finished cement is manufactured by milling and grinding.
2.5. “Combustion turbine” means:
2.5.a. An enclosed device comprising a compressor, a combustor, and a turbine and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and
2.5.b. If the enclosed device under subdivision 2.6.a is combined cycle, any associated duct burner, heat recovery steam generator, and steam turbine.
2.6. “Continuous emission monitoring system” or “CEMS” means, except for purposes of subsections 2.15 and 6.2, the total equipment required for the determination of NOX emission rate, expressed in pounds per million British thermal units (lb/mmBtu). For the purposes of this rule, CEMS is used for continuous compliance determinations. The sample interface, pollutant analyzer, diluent analyzer, and data recorder are the major subsystems of the CEMS. The principal type of continuous emission monitoring system is:
2.6.a. A nitrogen oxides emission rate (or NOX-diluent) monitoring system, consisting of a NOX pollutant concentration monitor, a diluent gas (CO2 or O2) monitor, and an automated data acquisition and handling system and providing a permanent, continuous record of NOX concentration, in parts per million (ppm), diluent gas concentration, in percent CO2 or O2; and NOX emission rate, in pounds per million British thermal units (lb/mmBtu);
2.7. “Excess emissions” means nitrogen oxides emitted by an applicable unit under subsection 4.1 during an ozone season that exceeds the ozone season NOX emissions limitation for the unit set forth in section 5.
2.8. “Fossil fuel” means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material.
2.9. “Fossil fuel-fired” means, with regard to a unit, and solely for purposes of applying the applicability provisions in subsection 4.1:
2.9.a. The combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50 percent of the annual heat input on a Btu basis during any year; or
2.9.b. The combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel is projected to comprise more than 50 percent of the annual heat input on a Btu basis during any year; provided that the unit shall be "fossil fuel-fired" as of the date, during such year, on which the unit begins combusting fossil fuel.
2.10. “Large NOX SIP call engine” means a stationary internal combustion engine identified and designated as “large” in the NOX SIP Call Engine Inventory as emitting more than one ton of NOX per average ozone season day in 1995.
2.11. “Long dry kiln” means a kiln 14 feet or larger in diameter, 400 feet or greater in length, which employs no preheating of the feed. The inlet feed to the kiln is dry.
2.12. “Long wet kiln” means a kiln 14 feet or larger in diameter, 400 feet or greater in length, which employs no preheating of the feed. The inlet feed to the kiln is a slurry.
2.13. “Low-NOX burners” means combustion equipment designed to reduce flame turbulence, delay fuel/air mixing and establish fuel-rich zones for initial combustion.
2.14. “Mid-kiln firing” means the secondary firing in kilns by injecting solid fuel at an intermediate point in the kiln using a specially designed feed injection mechanism for the purpose of decreasing NOX emissions through:
2.14.a. Burning part of the fuel at a lower temperature; and
2.14.b. Reducing conditions at the solid waste injection point that may destroy some of the NOX formed upstream in the kiln burning zone.
2.15. “Monitoring system” means, for purposes of subsection 6.2, a continuous emissions monitoring system, an alternative monitoring system, or an excepted monitoring system under 40 CFR part 75 as defined in 40 CFR §72.2.
2.16. “Nitrogen oxides” or “NOX” means all oxides of nitrogen except nitrous oxide (N2O), reported on an equivalent molecular weight basis as nitrogen dioxide (NO2).
2.17. “NOX SIP Call Engine Inventory” means the inventory of internal combustion engines compiled by U.S. EPA as part of the NOX SIP Call Rule, including the technical amendments, announced in the March 2, 2000 Federal Register, page 11222, and the adjustment of the 2007 Budget NOX Control Efficiency to 82 percent for large gas-fired engines, announced in the April 21, 2004 Federal Register notice, page 21604 for the Phase II NOX SIP Call Rule.
2.18. “Ozone season” means the period beginning May 1 of a calendar year, and ending on September 30 of the same year, inclusive.
2.19. “Performance Specification 2” or “PS 2” means the Specifications and Test Procedures for SO2 and NOX Continuous Emission Monitoring Systems in Stationary Sources provided in Appendix B to 40 CFR part 60. For purposes of subsections 6.3 and 6.5, these procedures are used for measuring CEMS relative accuracy and calibration drift and include CEMS installation and measurement location specifications, equipment specifications, performance specifications, and data reduction.
2.20. “Performance Specification 16” or “PS 16” means the Specifications and Test Procedures for Predictive Emission Monitoring Systems (PEMS) in Stationary Sources provided in Appendix B to 40 CFR part 60. For purposes of subsection 6.4, these procedures are used to determine whether the PEMS is acceptable for use in demonstrating compliance with the NOX emission limit and to certify the PEMS initially. They are also used periodically thereafter to ensure the PEMS is operating properly. These specifications apply to PEMS that are installed on or after April 24, 2009.
2.21. “Predictive Emission Monitoring System” or “PEMS” means all of the equipment required to predict an emission concentration or emission rate. The system may consist of any of the following major subsystems: sensors and sensor interfaces, emission model, algorithm, or equation that uses process data to generate an output that is proportional to the emission concentration or emission rate, diluent emission model, data recorder, and sensor evaluation system. Systems that use fewer than three (3) variables do not qualify as PEMS unless the system has been specifically approved by the Administrator for use as a PEMS. A PEMS may predict emissions data that are corrected for diluent if the relative accuracy and relevant QA tests are passed in the emission units corrected for diluent. Parametric monitoring systems that serve as indicators of compliance and have parametric limits but do not predict emissions to comply with an emissions limit are not included in this definition.
2.22. “Portland cement” means a hydraulic cement produced by pulverizing clinker consisting essentially of hydraulic calcium silicates, usually containing one or more of the forms of calcium sulfate as an interground addition.
2.23. “Portland cement kiln” means a system, including any solid, gaseous or liquid fuel combustion equipment, used to calcine and fuse raw materials, including limestone and clay, to produce Portland cement clinker.
2.24. “Precalciner kiln” means a kiln where the feed to the kiln system is preheated in cyclone chambers and utilizes a second burner to calcine material in a separate vessel attached to the preheater prior to the final fusion in a kiln which forms clinker.
2.25. “Preheater kiln” means a kiln where the feed to the kiln system is preheated in cyclone chambers prior to the final fusion in a kiln which forms clinker.
2.26. “Secretary” means the Secretary of the Department of Environmental Protection or such other person to whom the Secretary has delegated authority or duties pursuant to W.Va. Code §§22-1-6 or 22-1-8.
2.27. “Source” means all buildings, structures, or installations located in one or more contiguous or adjacent properties under common control of the same person or persons.
2.28. “Stationary internal combustion engine” or “engine” means any internal combustion engine of the reciprocating type that is either attached to a foundation at a facility or is designed to be capable of being carried or moved from one location to another and remains at a single site at a building, structure, facility, or installation for more than 12 consecutive months. Any engine (or engines) that replaces an engine at a site that is intended to perform the same or similar function as the engine replaced is included in calculating the consecutive time period.
2.29. “Ton” means 2,000 pounds.
2.30. “Unit” means a stationary fossil fuel-fired boiler, combustion turbine, or combined cycle system.
2.31. Other words and phrases used in this rule, unless otherwise indicated, will have the meaning ascribed to them in W.Va. Code §22-5-1 et seq. and 40 CFR §72.2.
W. Va. Code R. § 45-40-3 Measurements, abbreviations and acronyms
3.1. Measurements, abbreviations and acronyms used in this rule are defined as follows:
3.1.a. Btu -- British thermal unit.
3.1.b. CEMS -- Continuous Emissions Monitoring System.
3.1.c. CO2 -- carbon dioxide.
3.1.d. CSAPR -- Cross-State Air Pollution Rule.
3.1.e. g/bhp-hr -- grams per brake horsepower hour.
3.1.f. Hr -- hour.
3.1.g. MmBtu -- million Btu.
3.1.h. NOX -- nitrogen oxides.
3.1.i. O2 -- oxygen.
3.1.j. PEMS -- Predictive Emission Monitoring System.
3.1.k. SO2 -- sulfur dioxide.
3.1.l. Tph -- tons per hour.
3.1.m. Yr -- year.
W. Va. Code R. § 45-40-4 Applicability
4.1. The owner or operator of a unit that has a maximum design heat input greater than 250 MMBtu/hr, except for any unit subject to a seasonal NOX trading program established under 40 CFR part 97 in accordance with a federal implementation plan set forth in 40 CFR § 52.38(b) or subject to a seasonal NOX trading program established under a SIP revision approved by the U.S. EPA as meeting the requirements of 40 CFR § 52.38(b), shall comply with the ozone season NOX emission limitation, and monitoring, recordkeeping and reporting requirements for ozone season emissions of NOX set forth in sections 5 and 6 below.
4.2. Effective May 1, 2009, the owner or operator of a large NOX SIP Call engine shall comply with the ozone season NOX reduction, compliance plan, monitoring, recordkeeping and reporting requirements set forth in section 9 below.
4.3. Effective May 1, 2009, the owner or operator of a kiln that meets the following applicability requirements shall comply with the ozone season NOX control standards, ozone season NOX compliance plan, reporting, monitoring and recordkeeping requirements set forth in section 10 below:
4.3.a. Long dry kilns ≥ 12 TPH process rate;
4.3.b. Long wet kilns ≥ 10 TPH process rate;
4.3.c. Preheater kilns ≥ 16 TPH process rate; and
4.3.d. Precalciner and preheater/precalciner kilns ≥ 22 TPH process rate.
W. Va. Code R. § 45-40-5 Ozone season NOX emission limitation
5.1. Ozone season NOX limitation. -- Beginning May 1, 2016, the owner or operator of a unit that meets the applicability requirements set forth in subsection 4.1 shall limit emissions of NOX during an ozone season pursuant to a NOX emission rate for each unit contained in a permit issued under 45CSR13, 45CSR14, 45CSR19 or via consent order issued by the Secretary in accordance with W.Va. Code §22-5-4(a)(5). Such ozone season NOX limitation may also include a limitation on operating time for a unit during the ozone season.
W. Va. Code R. § 45-40-6 Monitoring, recordkeeping and reporting requirements
6.1. The owner or operator of an applicable unit under subsection 4.1 shall comply with the provisions of 40 CFR part 75, subpart H (including use of any of the emissions monitoring methodologies which the unit qualifies to use under 40 CFR part 75) or shall install and operate a certified continuous emission monitoring system (CEMS) or a certified predictive emission monitoring system (PEMS) as necessary to attribute ozone season mass emissions of NOX to each unit in accordance with subsection 6.2, 6.3, 6.4 or 6.5 below. Nitrogen oxides mass emissions measurements recorded and reported in accordance with subsection 6.2, 6.3, 6.4 or 6.5 shall be used to determine a unit’s compliance with the ozone season NOX emission limitation set forth in section 5.
6.2. An owner or operator that elects to demonstrate compliance in accordance with 40 CFR part 75, subpart H, shall meet the following requirements:
6.2.a. Install, calibrate, certify, maintain, monitor, and operate all required monitoring systems in accordance with 40 CFR part 75, subpart H;
6.2.b. Maintain records in accordance with 40 CFR part 75, subpart H ; and
6.2.c. Submit reports in accordance with 40 CFR part 75, subpart H.
6.3. An owner or operator that elects to demonstrate compliance using a CEMS in accordance with 40 CFR part 60, subpart Db and 45CSR16 shall meet the following requirements:
6.3.a. Install and certify the CEMS in accordance with Performance Specification 2 in Appendix B to 40 CFR part 60;
6.3.b. Operate and maintain the CEMS in accordance with 40 CFR §60.46b on a continuous basis;
6.3.c. Install, calibrate, maintain and operate the CEMS in accordance with the continuous monitoring requirements of:
6.3.c.1. 40 CFR §§60.48b and 60.13; or
6.3.c.2. 40 CFR §§60.47b(e) and 60.13;
6.3.d. For each month of the ozone season:
6.3.d.1. Determine total monthly heat input (in mmBtu) using fuel flowmeters and measurements or records of fuel gross calorific value, or in instances where fuel flow is not metered determine total monthly heat input (in mmBtu) from other measurements and records; and
6.3.d.2. Calculate total monthly NOX mass emissions (in tons) by multiplying the total monthly heat input by the 30-day rolling average NOX emission rate (in lb/mmBtu) determined under subdivisions 6.3.b and 6.3.c for the last day of the month on which the unit operated and divide by 2000;
6.3.e. Determine the total NOX mass emissions for the ozone season (in tons) by summing the amounts of total monthly NOX mass emissions calculated under subdivision 6.3.d for each month of the ozone season; and
6.3.f. Comply with the following reporting and recordkeeping requirements:
6.3.f.1. Maintain records in accordance with 40 CFR §60.49b and all additional records necessary to support the heat input data, 30-day rolling average NOX emission rate data, and NOX mass emissions computations described in subdivisions 6.3.d and 6.3.e; and
6.3.f.2. Submit to the Secretary reports in accordance with 40 CFR §60.49b and include the total monthly heat input data, 30-day rolling average NOX emission rate data, and monthly and ozone season NOX mass emissions computations described in subdivisions 6.3.d and 6.3.e.
6.4. An owner or operator not otherwise required to use a CEMS to demonstrate compliance with 40 CFR part 60 may elect to demonstrate compliance using a PEMS and shall meet the following requirements:
6.4.a. Install and certify the PEMS in accordance with Performance Specification 16 in Appendix B to 40 CFR part 60 and the Quality Assurance Procedures for compliance PEMS in Appendix F to 40 CFR part 60;
6.4.b. Submit to the Secretary for approval a plan that identifies the operating conditions to be monitored and the records to be maintained in accordance with 40 CFR §60.49b(c). The request for plan approval shall be contained in the permit application or consent order required under subsection 6.6;
6.4.c. Operate and maintain the compliance PEMS on a continuous basis in accordance with 40 CFR §60.46b and the compliance PEMS requirements provided in Performance Specification 16 in Appendix B to 40 CFR part 60;
6.4.d. Comply with the continuous monitoring requirements of 40 CFR §§60.48b and 60.13;
6.4.e. For each month of the ozone season:
6.4.e.1. Determine total monthly heat input (in mmBtu) using fuel flowmeters and measurements or records of fuel gross calorific value, or in instances where fuel flow is not metered determine total monthly heat input (in mmBtu) from other measurements and records; and
6.4.e.2. Calculate total monthly NOX mass emissions (in tons) by multiplying the total monthly heat input by the 30-day rolling average NOX emission rate (in lb/mmBtu) determined under subdivisions 6.4.c and 6.4.d for the last day of the month on which the unit operated and divide by 2000;
6.4.f. Determine the total NOX mass emissions for the ozone season (in tons) by summing the amounts of total monthly NOX mass emissions calculated under subdivision 6.4.e for each month of the ozone season; and
6.4.g. Comply with the following reporting and recordkeeping requirements:
6.4.g.1. Maintain records in accordance with 40 CFR §60.49b and all additional records necessary to support the heat input data, 30-day rolling average NOX emission rate data, and NOX mass emissions computations described in subdivisions 6.4.e and 6.4.f; and
6.4.g.2. Submit to the Secretary reports in accordance with 40 CFR §60.49b and include the total monthly heat input data, 30-day rolling average NOX emission rate data, and monthly and ozone season NOX mass emissions computations described in subdivisions 6.4.e and 6.4.f.
6.5. An owner or operator of a combustion turbine unit that elects to demonstrate compliance using a CEMS shall meet the following requirements:
6.5.a. Install and certify the CEMS in accordance with Performance Specification 2 in Appendix B to 40 CFR part 60 and 45CSR16;
6.5.b. Conduct the performance tests in accordance with 40 CFR §60.4400;
6.5.c. Operate and maintain the CEMS in accordance with 40 CFR §60.4345 on a continuous basis;
6.5.d. Collect all CEMS data in accordance with 40 CFR §60.4350;
6.5.e. For each month of the ozone season:
6.5.e.1. Determine total monthly heat input (in mmBtu) using fuel flowmeters and measurements or records of fuel gross calorific value, or in instances where fuel flow is not metered determine total monthly heat input (in mmBtu) from other measurements and records; and
6.5.e.2. Calculate total monthly NOX mass emissions (in tons) by multiplying the total monthly heat input by the 30-day rolling average NOX emission rate (in lb/mmBtu) determined under subdivisions 6.5.c and 6.5.d for the last day of the month on which the unit operated and divide by 2000;
6.5.f. Determine the total NOX mass emissions for the ozone season (in tons) by summing the amounts of total monthly NOX mass emissions calculated under subdivision 6.5.e for each month of the ozone season; and
6.5.g. Comply with the following reporting and recordkeeping requirements:
6.5.g.1. Maintain records in accordance with 40 CFR §60.49b and all additional records necessary to support the heat input data, 30-day rolling average NOX emission rate data, and NOX mass emissions computations described in subdivisions 6.5.e and 6.5.f; and
6.4.g.2. Submit to the Secretary reports in accordance with 40 CFR §60.49b and include the total monthly heat input data, 30-day rolling average NOX emission rate data, and monthly and ozone season NOX mass emissions computations described in subdivisions 6.5.e and 6.5.f.
6.6. An owner or operator that elects an alternative monitoring scenario that is not currently contained in a permit issued pursuant to 45CSR13, 45CSR14 or 45CSR19 or via a consent order shall:
6.6.a. Submit a request for the alternative monitoring scenario in a permit application in accordance with 45CSR13, 45CSR14 or 45CSR19. For compliance options provided in 6.3, 6.4 or 6.5, the permit application should identify how NOX emissions (in tons) will be determined using the CEMS or PEMS data; and.
6.6.b. Obtain approval from the Secretary via a permit issued under 45CSR13, 45CSR14 or 45CSR19 or via a consent order, effective prior to the start of the ozone season.
6.7. An owner or operator electing to demonstrate compliance with 40 CFR part 75, subpart H shall not use any alternative monitoring system, alternative reference method, or any other alternative for the requirements under 40 CFR part 75, subpart H prior to obtaining written approval by the Administrator in accordance with 40 CFR §75.70(h).
6.8. An owner or operator required to demonstrate compliance with a NOX emissions limit under 40 CFR part 60, subpart Db shall not use an alternative monitoring system, reference method, or other CEMS requirements alternative under 40 CFR part 60, subpart Db prior to obtaining written approval by the Administrator.
6.9. The owner or operator of an applicable unit under subsection 4.1 may demonstrate compliance with the NOX ozone season emission limitation set forth in section 5 in accordance with an alternative monitoring system under 40 CFR part 60, subpart Db without obtaining approval of the Secretary, provided the owner or operator obtained written approval from the Administrator prior to the effective date of this rule.
W. Va. Code R. § 45-40-7 Violation
7.1. The owner or operator of an applicable unit under subsection 4.1 shall be subject to enforcement pursuant to W.Va. Code §22-5-1 et seq. or the CAA for excess emissions of NOX during an ozone season if the unit emitted nitrogen oxides in excess of its ozone season NOX emission limitation set forth in section 5.
W. Va. Code R. § 45-40-8 Ozone season NOX budget demonstration
8.1. Ozone season NOX budget. -- The ozone season NOX budget for all units that meet the applicability requirements set forth in subsection 4.1 is 2,184 tons.
8.2. Ozone season NOX budget demonstration. -- Through the imposition of ozone season NOX limitations under section 5, and assumption of maximum operating capacity or use of a limitation on operating time for a unit during the ozone season, the Secretary shall demonstrate to the Administrator that the ozone season NOX emissions from all applicable units under subsection 4.1 meets the ozone season NOX budget for these units set forth in subsection 8.1.
8.3. New units. -- The Secretary shall revise the ozone season NOX budget demonstration under subsection 8.2 to accommodate the ozone season NOX emissions of any new unit that meets the applicability requirements set forth in subsection 4.1. The ozone season NOX emissions from any such new unit shall not cause the ozone season NOX budget set forth in subsection 8.1 to be exceeded.
W. Va. Code R. § 45-40-9 Ozone season NOX reduction requirements for stationary internal combustion engines
9.1. Ozone season NOX reduction. -- Effective May 1, 2009, the following owners or operators must reduce ozone season NOX emissions by an amount equal to or greater than the applicable ozone season NOX reduction listed in the table below. The applicable ozone season NOX reduction is binding on the listed owners or operators, their successors and assigns:
Company Ozone Season NOX Reduction Dominion 668 tons Columbia Gas Transmission 235 tons Total 903 tons
9.2. Compliance plan. -- Effective May 1, 2009, an owner or operator of a large stationary internal combustion engine under subsection 4.2 must not operate such engine in the period May 1 through September 30 of 2009 and any subsequent year unless the owner or operator demonstrates the applicable ozone season NOX reduction under subsection 9.1 through the requirements of an approved compliance plan. The compliance plan shall meet the following provisions:
9.2.a. Reserved;
9.2.b. Reserved;
9.2.c. The compliance plan must demonstrate quantifiable and enforceable NOX emission reductions equal to or greater than the applicable ozone season NOX reduction set forth in subsection 9.1, taking into account any creditable reduction in NOX emissions under subdivisions 9.2.e, 9.2.f, 9.2.g, 9.2.h or 9.2.i;
9.2.d. The compliance plan may include and affect some or all stationary internal combustion engines or other significant NOX emitting equipment at an individual facility, at several facilities, or at all facilities in West Virginia that are controlled by the same owner or operator;
9.2.e. The compliance plan may include credit for reductions in NOX emissions due to the installation and operation of NOX control equipment on large stationary internal combustion engines under subsection 9.1. The owner or operator will demonstrate to the satisfaction of the Secretary any creditable reductions in NOX emissions from the installation and operation of such NOX control equipment. The credit for reductions in NOX emissions must be quantified based on the difference between uncontrolled and controlled NOX emission rates, and ozone season operating hours;
9.2.f. The compliance plan may include credit for reductions in NOX emissions due to the installation and operation of NOX control equipment on uncontrolled stationary internal combustion engines not under subsection 4.2. The owner or operator will demonstrate to the satisfaction of the Secretary any creditable reductions in NOX emissions from the installation and operation of such NOX control equipment. Creditable reductions must be limited to reductions achieved after 1995 and from controls that were not part of the NOX SIP Call engine inventory. The credit for reductions in NOX emissions must be quantified based on the difference between uncontrolled and controlled NOX emission rates, and ozone season operating hours;
9.2.g. The compliance plan may include credit for reductions in NOX emissions due to replacement of any stationary internal combustion engines or other significant NOX emitting equipment. The owner or operator will demonstrate to the satisfaction of the Secretary that the historic ozone season load capacity of any stationary internal combustion engine or other significant NOX emitting equipment no longer in operation has been or would be replaced by one or more new stationary internal combustion engines, electric motors or turbines during each ozone season. The credit for reductions in NOX emissions must be quantified based on the replaced engine’s or other significant NOX emitting equipment’s ozone season NOX emission rate and ozone season operating hours, and the projected emission rate and ozone season operating hours of any new replacement stationary internal combustion engines, electric motors or turbines;
9.2.h. The compliance plan may include credit for reductions in NOX emissions due to reductions from shifting historic load capacity from an uncontrolled engine to a controlled engine, electric motor or turbine. The owner or operator will demonstrate to the satisfaction of the Secretary that a quantifiable net reduction in NOX emissions has occurred or will occur due to a direct shift of ozone season load capacity from an uncontrolled engine to a controlled engine, electric motor or turbine. The credit for reductions in NOX emissions must be quantified based on the uncontrolled engine’s historic ozone season load capacity, NOX emission rate (in g/bhp-hr), ozone season operating hours (in hr/ozone season), and the shifted ozone season load capacity, NOX emission rate (in g/bhp-hr) and ozone season operating hours (in hr/ozone season) of the controlled stationary internal combustion engine, electric motor or turbine;
9.2.i. The compliance plan may include credit for reductions in NOX emissions due to the installation and operation of NOX controls on significant NOX emitting equipment other than stationary internal combustion engines. The owner or operator will demonstrate to the satisfaction of the Secretary any creditable reductions in NOX emissions from such NOX emitting equipment. Creditable reductions must be limited to reductions achieved after 1995 and from controls that were not part of the NOX SIP Call inventory. The credit for reductions in NOX emissions must be quantified based on the difference between NOX emission rates prior to installation of controls and controlled NOX emission rates, and ozone season operating hours;
9.2.j. The compliance plan must include the following:
9.2.j.1. A list of affected engines or affected NOX emitting equipment subject to the plan, including the manufacturer, model number, facility location and facility identification number;
9.2.j.2. The projected ozone season hours of operation for each affected engine or affected NOX emitting equipment and supporting documentation;
9.2.j.3. A description of the NOX emission controls installed, or to be installed, on each affected engine or affected NOX emitting equipment, date or proposed date of installation, and documentation to support the controlled NOX emission rates;
9.2.j.4. The uncontrolled and controlled NOX emission rates in lb/hr and tons per ozone season for each affected engine or affected NOX emitting equipment, as applicable;
9.2.j.5. A numerical demonstration that the sum of creditable NOX emission reductions (in tons) obtained from all affected engines or affected NOX emitting equipment included under a compliance plan will be equivalent to or greater than the owner or operator’s applicable ozone season NOX reduction under subsection 9.1, taking into account any creditable reductions in NOX emissions under subdivisions 9.2.e, 9.2.f, 9.2.g, 9.2.h or 9.2.i; and
9.2.j.6. Performance test protocol and provisions for periodic monitoring, reporting and recordkeeping for each affected engine or affected NOX emitting equipment.
9.2.k. Any creditable reductions in NOX emissions under subdivisions 9.2.e, 9.2.f, 9.2.g, 9.2.h or 9.2.i must be quantifiable and enforceable through limitations included in a federally enforceable permit or compliance order; and
9.2.l. Any owner or operator with an approved compliance plan under subsection 9.2 may amend the plan with the written approval of the Secretary. Any NOX emission rate or limitation included in such an amendment must be reflected in a federally enforceable permit or compliance order. The Secretary will either approve by order or disapprove in writing the amended compliance plan within 90 days of submission, and notify the Administrator of the compliance plan amendment approval upon issuance of order.
9.3. Monitoring requirements. -- Any owner or operator of an affected engine or affected NOX emitting equipment subject to a compliance plan under subsection 9.2 must comply with the following monitoring requirements for each affected engine or affected NOX emitting equipment:
9.3.a. The owner or operator must complete an initial performance test consistent with the requirements of 40 CFR part 60, Appendix A and 45CSR16, following installation of NOX emission controls required to achieve the NOX emission rate limit specified in subdivision 9.2.k; and
9.3.b. For the ozone season beginning in 2009, and each ozone season thereafter, the owner or operator will perform periodic monitoring sufficient to yield reliable data which demonstrate compliance with the limitations specified in subdivision 9.2.k. Such periodic monitoring must include:
9.3.b.1. A continuous emission monitoring system that complies with 40 CFR part 75 or 40 CFR part 60 and 45CSR16 and the quality assurance procedures specified in 40 CFR part 60, Appendix F and 45CSR16; or
9.3.b.2. Performance tests consistent with the requirements of 40 CFR part 60, Appendix A and 45CSR16, or portable monitors using ASTM D6522-00; and
9.3.b.2.A. A parametric monitoring program that specifies operating parameters, and their ranges, that will provide reasonable assurance that each affected engine or affected NOX emitting equipment’s emissions are consistent with the requirements of a compliance plan under subsection 9.2. Any such parametric monitoring program must be approved by the Secretary; or
9.3.b.2.B. A predictive emissions measurement system that relies on automated data collection from instruments. Any such predictive emissions measurement system must be approved by the Secretary.
9.4. Recordkeeping requirements. -- Any owner or operator of an affected engine or affected NOX emitting equipment subject to a compliance plan under subsection 9.2 must comply with the following recordkeeping requirements:
9.4.a. Maintain all records necessary to demonstrate compliance with the requirements of the compliance plan and subsection 9.4 for a period of five calendar years at the facility where an affected engine or affected NOX emitting equipment is located. Such records will be made available to the Secretary or Administrator upon request; and
9.4.b. For each affected engine or affected NOX emitting equipment subject to a compliance plan under subsection 9.2, the owner or operator will maintain records of:
9.4.b.1. Identification and location of each affected engine or affected NOX emitting equipment;
9.4.b.2. Calendar date of record;
9.4.b.3. The number of hours the affected engine or affected NOX emitting equipment is operated during each ozone season compared to projected operating hours;
9.4.b.4. Type and quantity of fuel combusted; and
9.4.b.5. The results of all compliance tests.
9.5. Reporting requirements. -- Any owner or operator of an affected engine or affected NOX emitting equipment subject to a compliance plan under subsection 9.2 must:
9.5.a. Notify the Secretary of any performance test under paragraph 9.3.b.2 at least 15 days in advance of such test;
9.5.b. Submit results of all performance tests to the Secretary within 30 days of completion of such tests; and
9.5.c. Submit a report which documents the total ozone season NOX emissions and certifies compliance with the compliance plan for each affected engine or affected NOX emitting equipment to the Secretary by October 31 of each year, beginning in 2009. The report must demonstrate and certify compliance with the applicable ozone season NOX reduction set forth in subsection 9.1.
W. Va. Code R. § 45-40-10 Ozone season NOX reduction requirements for emissions of NOX from cement manufacturing kilns
10.1. Standard requirements. -- Effective May 1, 2009, an owner or operator of any Portland cement kiln subject to this section must not operate the kiln during May 1 through September 30 unless the kiln has installed and operates during May 1 to September 30 with low-NOX burners, mid-kiln firing or alternative control techniques, subject to approval by the Administrator, that achieve at least the same emissions decreases as low-NOX burners or mid-kiln firing.
10.2. NOX compliance plan. -- Any owner or operator of a source subject to the standard requirements of subsection 10.1 may elect to use NOX reductions from any non-affected kiln at a source with a Portland cement kiln under subsection 4.3. If the owner or operator so elects, he or she must submit for approval to the Administrator by May 1, 2009, a NOX compliance plan which demonstrates the method(s) by which the operator will achieve NOX reductions from non-affected kilns which achieve at least the same emissions decreases set forth in the standard requirements of subsection 10.1.
10.3. Reporting requirements. -- Any owner or operator subject to the standard requirements of subsection 10.1 must comply with the following reporting requirements:
10.3.a. By May 1, 2009, submit to the Secretary and Administrator the identification number and type of each kiln subject to this section, the name and address of the plant where the kiln is located and the name and telephone number of the person responsible for demonstrating compliance with this section; and
10.3.b. Submit a report documenting for that kiln the total NOX emissions from May 1 through September 30 of each year to the Secretary and Administrator by October 31 of each year, beginning in 2009.
10.4. Monitoring requirements.
10.4.a. Any owner or operator of a kiln subject to this section must complete an initial performance test and subsequent annual testing consistent with the requirements of 40 CFR part 60, Appendix A, Method 7, 7A, 7C, 7D or 7E; and 45CSR16; and
10.4.b. The operator may use the results of continuous emission monitoring system (CEMS) to replace the annual testing requirements set forth in subdivision 10.4.a. Such equipment must be installed and operated consistent with 40 CFR part 75.
10.5. Recordkeeping requirements. -- Any owner or operator of a kiln subject to this section must produce and maintain records which include, but are not limited to:
10.5.a. The emissions, in pounds of NOX per ton of clinker produced from each affected Portland cement kiln;
10.5.b. The type of control used for each affected Portland cement kiln;
10.5.c. The date, time and duration of any startup, shutdown or malfunction in the operation of any of the cement kilns or the emissions monitoring equipment;
10.5.d. The results of any performance testing;
10.5.e. Daily cement kiln production records; and
10.5.f. All records required to be produced or maintained will be retained on site for a minimum of 5 years and be made available to the Secretary or Administrator upon request.
W. Va. Code R. § 45-40-11 Inconsistency between rules
11.1. In the event of any inconsistency between this rule and any other rule of the Division of Air Quality, the inconsistency will be resolved by the determination of the Secretary and the determination will be based upon the application of the more stringent provision, term, condition, method or rule.
Series 43 Cross-State Air Pollution Rule to Control Annual Nitrogen Oxides Emissions, Annual Sulfur Dioxide Emissions, and Ozone Season Nitrogen Oxides Emissions
W. Va. Code R. § 45-43-1 General
1.1. Scope. -- This rule establishes and adopts the federal Cross-State Air Pollution Rule (CSAPR), limiting the interstate transport of emissions of nitrogen oxides (NOX) and sulfur dioxide (SO2), through emissions trading programs. CSAPR was promulgated by the Unites States Environmental Protection Agency under section 110 of the federal Clean Air Act, as amended and 40 C.F.R. §§ 52.38 and 52.39 as a means of mitigating interstate transport of fine particulates, nitrogen oxides, ozone and sulfur dioxide.
1.1.1. This rule codifies general procedures and criteria to implement the CSAPR NOX Annual Trading Program set forth in 40 C.F.R. part 97, subpart AAAAA. The Secretary hereby adopts these standards by reference. The Secretary also adopts associated reference methods, performance specifications and other test methods referenced by these standards.
1.1.2. This rule codifies general procedures and criteria to implement the CSAPR NOX Ozone Season Group 3 Trading Program set forth in 40 C.F.R. part 97, subpart GGGGG. The Secretary hereby adopts these standards by reference. The Secretary also adopts associated reference methods, performance specifications and other test methods referenced by these standards.
1.1.3. This rule codifies general procedures and criteria to implement the CSAPR SO2 Group 1 Trading Program set forth in 40 C.F.R. part 97, subpart CCCCC. The Secretary hereby adopts these standards by reference. The Secretary also adopts associated reference methods, performance specifications and other test methods referenced by these standards.
1.2. Authority. -- W.Va. Code § 22-5-4.
1.3. Filing Date. -- March 31, 2026.
1.4. Effective Date. -- April 1, 2026.
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. 97, subparts AAAAA, CCCCC and GGGGG, effective June 1, 2025.
W. Va. Code R. § 45-43-2 Definitions
2.1. “Administrator” means the Administrator of the United States Environmental Protection Agency or the Director of the Clean Air Markets Division (or its successor determined by the Administrator) of the United States Environmental Protection Agency, the Administrator’s duly authorized representative under 40 C.F.R. part 97, subparts AAAAA, CCCCC, or GGGGG.
2.2. “Clean Air Act” (“CAA”) means the federal Clean Air Act, 42 U.S.C. § 7401 et seq., as amended.
2.3. “CSAPR” means Cross-State Air Pollution Rule.
2.4. “CSAPR NOX Annual Trading Program” means a multi-state NOX air pollution control and emission reduction program established in accordance with 40 C.F.R. part 97, subpart AAAAA and 40 C.F.R. § 52.38(a) (including such a program that is revised in a SIP revision approved by the Administrator under 40 C.F.R. § 52.38(a)(3) or (4) or that is established in a SIP revision approved by the Administrator under 40 C.F.R. § 52.38(a)(5)), as a means of mitigating interstate transport of fine particulates and NOX.
2.5. “CSAPR NOX Ozone Season Group 3 Trading Program” means a multi-state NOX air pollution control and emission reduction program established in accordance with 40 C.F.R. part 97, subpart GGGGG and 40 C.F.R. §§ 52.38(b)(1), (b)(2)(iii), and (b)(10) through (14) and (17) (including such a program that is revised in a SIP revision approved by the Administrator under 40 C.F.R. §§ 52.38(b)(10) or (11) or that is established in a SIP revision approved by the Administrator under 40 C.F.R. § 52.38(b)(12)), as a means of mitigating interstate transport of ozone and NOX.
2.6. “CSAPR SO2 Group 1 Trading Program” means a multi-state SO2 air pollution control and emission reduction program established in accordance with 40 C.F.R. part 97, subpart CCCCC and 40 C.F.R. §§ 52.39(a). (b), (d) through (f), and (j) through (l) (including such a program that is revised in a SIP revision approved by the Administrator under 40 C.F.R. § 52.39(f)), as a means of mitigating interstate transport of fine particulates and SO2.
2.7. “Existing unit” for the purpose of allocation means:
2.7.1. A unit under the CSAPR NOX Annual Trading Program or the CSAPR SO2 Group 1 Trading Program that commenced commercial operation prior to January 1, 2010.
2.7.2. A unit under the CSAPR NOX Ozone Season Group 3 Trading Program that commenced commercial operation prior to January 1, 2019.
2.8. “New unit” for the purpose of allocation means any unit that is not an existing unit.
2.9. “Secretary” means the Secretary of the Department of Environmental Protection or such other person to whom the Secretary has delegated authority or duties pursuant to W.Va. Code §§ 22-1-6 or 22-1-8.
2.10. Other words and phrases used in this rule, unless otherwise indicated, shall have the meaning ascribed to them in 40 C.F.R. part 97, subparts AAAAA, CCCCC, and GGGGG. Words and phrases not defined therein shall have the meaning given to them in the federal Clean Air Act.
W. Va. Code R. § 45-43-3 Adoption of standards
3.1. CSAPR NOX Annual Trading Program -- The Secretary hereby adopts and incorporates by reference the provisions of 40 C.F.R. part 97, subpart AAAAA, including any applicable reference methods, performance specifications and other test methods, and monitoring, record keeping and reporting requirements which are required by that subpart, effective June 1, 2018, for the purposes of implementing the CSAPR NOX Annual Trading Program, except as follows:
3.1.1. The provisions of 40 C.F.R. § 97.410 are not adopted or incorporated by reference;
3.1.2. The provisions of 40 C.F.R. §§ 97.411(b)(2) and (c)(5)(iii), 97.412(b) and 97.421 (h) and (j) are not adopted or incorporated by reference;
3.1.3. The provisions of 40 C.F.R. § 97.404(a)(1) that are otherwise adopted and incorporated by reference are modified by removing the phrase “The following units in a State (and Indian country within the borders of such State)” and adding in its place the phrase “The following units in West Virginia”; and
3.1.4. The provisions of 40 C.F.R. § 97.404(b)(1) that are otherwise adopted and incorporated by reference are modified by removing the phrase “Any unit in a State (and Indian country within the borders of such State)” and adding in its place the phrase “Any unit in West Virginia”.
3.2. Reserved.
3.3. CSAPR SO2 Group 1 Trading Program -- The Secretary hereby adopts and incorporates by reference the provisions of 40 C.F.R. part 97, subpart CCCCC, including any applicable reference methods, performance specifications and other test methods, and monitoring, record keeping and reporting requirements required by that subpart, effective June 1, 2018, for the purposes of implementing the CSAPR SO2 Group 1 Trading Program, except as follows:
3.3.1. The provisions of 40 C.F.R. § 97.610 are not adopted or incorporated by reference;
3.3.2. The provisions of 40 C.F.R. §§ 97.611(b)(2) and (c)(5)(iii), 97.612(b) and 97.621 (h) and (j) are not adopted or incorporated by reference;
3.3.3. The provisions of 40 C.F.R. § 97.604(a)(1) that are otherwise adopted and incorporated by reference are modified by removing the phrase “The following units in a State (and Indian country within the borders of such State)” and adding in its place the phrase “The following units in West Virginia”; and
3.3.4. The provisions of 40 C.F.R. § 97.604(b)(1) that are otherwise adopted and incorporated by reference are modified by removing the phrase “Any unit in a State (and Indian country within the borders of such State)” and adding in its place the phrase “Any unit in West Virginia”.
3.4. CSAPR NOX Ozone Season Group 3 Trading Program -- The Secretary hereby adopts and incorporates by reference the provisions of 40 C.F.R. part 97, subpart GGGGG, including any applicable reference methods, performance specifications and other test methods, and monitoring, record keeping and reporting requirements required by that subpart, effective June 1, 2025, for the purposes of implementing the CSAPR NOX Ozone Season Group 3 Trading Program, except as follows:
3.4.1. The provisions of 40 C.F.R. § 97.1010 are not adopted or incorporated by reference;
3.4.2. The provisions of 40 C.F.R. § 97.1004(a)(1) that are otherwise adopted and incorporated by reference are modified by removing the phrase “The following units in a State (and Indian country within the borders of such State)” and adding in its place the phrase “The following units in West Virginia”; and
3.4.3. The provisions of 40 C.F.R. § 97.1004(b)(1) that are otherwise adopted and incorporated by reference are modified by removing the phrase “Any unit in a State (and Indian country within the borders of such State)” and adding in its place the phrase “Any unit in West Virginia”.
W. Va. Code R. § 45-43-4 Requirements for the CSAPR NOX Annual Trading Program
4.1. 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 97, subpart AAAAA which results or will result in a violation of this rule.
4.2. For each control period in 2019 and thereafter, the West Virginia NOX Annual trading budget and new unit set-aside allocations of CSAPR NOX Annual allowances, and the variability limit for the West Virginia NOX Annual trading budget, are as follows:
4.2.1. The NOX annual trading budget is 54,582 tons;
4.2.2. The new unit set-aside is 2,729 tons; and
4.2.3. The variability limit is 9,825 tons.
4.3. The West Virginia NOX Annual trading budget provided under subsection 4.2:
4.3.1. Includes any tons in the new unit set-aside; and
4.3.2. Does not include any tons in the variability limit.
W. Va. Code R. § 45-43-5 Requirements for the CSAPR NOX Ozone Season Group 3 Trading Program
5.1. 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 97, subpart GGGGG which results or will result in a violation of this rule.
5.2. Trading budgets. For each control period in 2026 through 2029, the West Virginia NOX Ozone Season Group 3 preset trading budgets are as follows, except as provided in subdivision 5.2.5.
5.2.1. The preset trading budget for the 2026 period is 10,818 tons;
5.2.2. The preset trading budget for the 2027 period is 9,678 tons;
5.2.3. The preset trading budget for the 2028 period is 9,678 tons;
5.2.4. The preset trading budget for the 2029 period is 9,678 tons
5.2.5. If the preset trading budget indicated for a given control period is less than the dynamic trading budget for West Virginia referenced in the applicable notice promulgated in accordance with 40 C.F.R. § 97.1010(a)(4)(v)(C), then the West Virginia NOX Ozone Season Group 3 trading budget for the control period shall be the dynamic trading budget referenced in the applicable notice promulgated in accordance with 40 C.F.R. § 97.1010(a)(4)(v)(C).
5.3. For each control period in 2030 and thereafter, the West Virginia NOX Ozone Season Group 3 trading budget shall be the dynamic trading budget for West Virginia referenced in the applicable notice promulgated in accordance with 40 C.F.R. § 97.1010(a)(4)(v)(C).
5.4. The Administrator will calculate the dynamic trading budget for West Virginia for each control period in 2026 and thereafter in the year before the year of the control period in accordance with 40 C.F.R. § 97.1010(a)(4).
5.5. New unit set-asides. The new unit set-aside for allocations of CSAPR NOX Ozone Season Group 3 allowances for West Virginia for each control period in 2023 and thereafter shall be calculated as the product (rounded to the nearest allowance) of the West Virginia NOX Ozone Season Group 3 trading budget and control period established in accordance with subsections 5.2 through 5.4 multiplied by 0.05, for each control period in 2026 and thereafter.
5.6. Variability limits. The variability limit for the West Virginia NOX Ozone Season Group 3 trading budget for each control period in 2023 and thereafter shall be calculated as the product (rounded to the nearest ton) of the West Virginia NOX Ozone Season Group 3 trading budget and control period established in accordance with subsections 5.2 through 5.4 multiplied by the greater of subdivision 5.6.1 or 5.6.2.
5.6.1. 0.21; or
5.6.2. Any excess over 1.00 of the quotient (rounded to two decimal places) of paragraphs 5.6.2.a and 5.6.2.b.
5.6.2.a. The sum for all CSAPR NOX Ozone Season Group 3 units in West Virginia of the total heat input reported for the control period in MMBtu, divided by
5.6.2.b. The state-level total heat input amount used in the calculation of the West Virginia NOX Ozone Season Group 3 trading budget for control period in MMBtu, as identified in accordance with 5.6.3.
5.6.3. For purposes of paragraph 5.6.2.b, the state-level total heat input amount used in the calculation of the West Virginia NOX Ozone Season Group 3 trading budget for a given control period shall be identified as follows:
5.6.3.a. For control periods in 2026 through 2029 if the West Virginia NOX Ozone Season Group 3 trading budget and control period under subsection 5.2 is the preset trading budget set forth in subdivisions 5.2.1 through 5.2.4, the state-level total heat input amounts shall be 273,151,957 MMBtu.
5.6.3.b. For a control period in 2026 through 2029 if the West Virginia NOX Ozone Season Group 3 trading budget for the control period under subsection 5.2 is the dynamic trading budget for the State and control period referenced in the applicable notice promulgated in accordance with 40 C.F.R. 97 § 1010(a)(4)(v)(C), and for a control period in 2030 and thereafter, the state-level total heat input amount shall be the amount for West Virginia and the control period calculated in accordance with 40 C.F.R. 97 § 1010(a)(4)(ii)(B)(2).
5.7. Relationship of trading budgets, set-asides, and variability limits. The West Virginia NOX Ozone Season Group 3 trading budget includes any tons in a new unit set-aside but does not include any tons in a variability limit.
W. Va. Code R. § 45-43-6 Requirements for the CSAPR SO2 Group 1 Trading Program
6.1. 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 97, subpart CCCCC which results or will result in a violation of this rule.
6.2. For each control period in 2019 and thereafter, the West Virginia SO2 Group 1 trading budget and new unit set-aside for allocations of CSAPR SO2 Group 1 allowances, and the variability limit for the West Virginia SO2 Group 1 trading budget are as follows:
6.2.1. The SO2 Group 1 trading budget is 75,668 tons;
6.2.2. The new unit set-aside is 5,297 tons; and
6.2.3. The variability limit is 13,620 tons.
6.3. The West Virginia SO2 Group 1 trading budget provided under subsection 6.2:
6.3.1. Includes any tons in the new unit set-aside; and
6.3.2. Does not include any tons in the variability limit.
W. Va. Code R. § 45-43-7 Secretary
7.1. Any and all references in 40 C.F.R. part 97, subparts AAAAA, CCCCC, and GGGGG to the “Administrator” remain the “Administrator”.
W. Va. Code R. § 45-43-8 Permits
8.1. 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.
W. Va. Code R. § 45-43-9 Inconsistency Between Rules
9.1. 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.
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