Current through Register Vol. XLI, No. 50, December 13, 2024
6.1. Except for temporary air curtain incinerators under subsection 4.8, no person shall construct, modify or relocate any incinerator without first obtaining a permit in accordance with the provisions of W.Va. Code §22-5-1 et seq., 45CSR13, 45CSR14, 45CSR19, and 45CSR30, as applicable, provided that, and notwithstanding the provisions of 45CSR13, flares and flare stacks meeting the following requirements shall not be required to obtain a preconstruction permit under 45CSR13:6.1.1. Temporary flares used in conjunction with maintenance and repair of natural gas pipelines, combusting only the gas contained therein, which meet the following conditions: 6.1.1.a. The flare or flare stack exists on-site for a cumulative period of less than 30 days in any 12 consecutive month period;6.1.1.b. The maximum emissions from the flare or flare stack, based on the potential to emit for the period of time that the flare or flare stack is in use, do not exceed the threshold amounts specified in the definitions of "stationary source" and "modification" in 45CSR13;6.1.1.c. The flare or flare stack is not subject to the requirements of 45CSR14, 45CSR16, 45CSR19, 45CSR25, 45CSR30 or 45CSR34; and6.1.1.d. The source maintains records of emissions, monitoring results or other records sufficient to determine compliance with the requirements of paragraphs 6.1.1.a through 6.1.1.c for a minimum period of 3 years and makes such records available upon the Secretary's request.6.1.2. Temporary flares, other than those identified in subdivision 6.1.1, which meet the following conditions:6.1.2.a. The flare or flare stack exists on-site for a cumulative period of less than 10 days in any 12 consecutive month period;6.1.2.b. The maximum emissions from the flare or flare stack, based on the potential to emit for the period of time that the flare or flare stack is in use, do not exceed the threshold amounts specified in the definitions of "stationary source" and "modification" in 45CSR13;6.1.2.c. The flare or flare stack is not subject to the requirements of 45CSR14, 45CSR16, 45CSR19, 45CSR25, 45CSR30 or 45CSR34;6.1.2.d. The flare or flare stack meets all of the general control device requirements of 40 CFR §60.18 and 45CSR16 including, but not limited to, the requirement to monitor the flare to ensure it is operated and maintained in conformance with its design and the opacity standard in 40 CFR §60.18(c)(1);6.1.2.e. The flare or flare stack is designed and operated in a manner to prevent violations of any national ambient air quality standard;6.1.2.f. The source notifies the Secretary within 10 working days of locating any flare or flare stack on-site, which notification shall include the location and anticipated duration that such flare will remain on-site; and6.1.2.g. The source maintains records of emissions, monitoring results or other records sufficient to determine compliance with the requirements of paragraphs 6.1.2.a through 6.1.2.f for a minimum period of 3 years and makes such records available upon the Secretary's request.6.2. Nothing contained in this rule shall be construed or inferred to mean that permit requirements in accordance with applicable rules shall be in any way limited or inapplicable, including but not limited to the permitting requirements under 45CSR13, 45CSR14, 45CSR19, 45CSR25 and 45CSR30.