Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-7-10 - Exemptions10.1. Provisions of this rule shall not apply to particulate matter emissions regulated by Title 45, Series 2, 3, and 5 or to mobile internal combustion engines and aircraft.10.2. Fugitive particulate matter emissions from any manufacturing processes and associated operations which are subject to this rule shall be exempt from the provisions of 45CSR17, provided that such sources shall not be exempt from the provisions of W.Va. Code §§22-5-1 et seq., including the provisions of §22-5-3 relating to statutory air pollution.10.5. The owner or operator of a manufacturing process shall be exempt from subsection 4.1 for source(s) of emissions that have a potential to emit less than 1 pound per hour of particulate matter and an aggregate of less than 1000 pounds per year for all such sources of particulate matter located at the stationary source. Particulate matter, for the purposes of this subsection, will not include particulate matter classified as hazardous air pollutants pursuant to 42 U.S.C. §7412(b) the federal Clean Air Act §112(b).10.6. The owner or operator of a manufacturing process shall be exempt from subsection 4.2 for source(s) of emissions that have a potential to emit less than one tenth of a pound (0.1) per hour of mineral acids and an aggregate of less than 100 pounds per year for all sources of mineral acids located at the stationary source. The Secretary may approve in a permit or consent order an alternative exemption from subsection 4.2 for source(s) of emissions that can demonstrate on a case-by-case basis that their emissions are insignificant.10.7. Notwithstanding any other provisions in this rule, the Secretary may revoke any and all exemptions, except for subsections 10.1 and 10.2. The Secretary shall notify the affected source(s) in writing that an exemption will be revoked, effective date thereof, and the reasons therefore.