W. Va. Code R. § 45-5-12

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 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. § 45-5-12