W. Va. Code R. § 45-3-4

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 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

10

20,000

16

30,000

22

40,000

28

100,000

33

200,000

37

300,000

40

400,000

43

500,000

47

600,000

50

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. § 45-3-4