Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-1-3 - Alternative Emission Limitation3.1. 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 which has 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; and3.2.3. 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 adopt an established 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.