Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-5-11 - Operating Permits11.1. 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; and11.1.1.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; and11.6.2. 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.