Current through Register Vol. XLI, No. 50, December 13, 2024
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. -- May 2, 2024.1.4. Effective Date. -- June 1, 2024.1.5. 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.