W. Va. Code R. § 45-7-11

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-7-11 - Alternative Emission Limits for Duplicate Source Operations
11.1. The owner or operator of a duplicate source operation subject to section 4 which has individual source operations discharging through separate stacks, may petition the Secretary to approve individual stack allowable emission rates differing from the proration calculated under subsection 4.8. The Secretary may approve such request in accordance with subsections 11.2 and 11.3 provided that there shall be no increase in the total allowable emissions from the duplicate source operation as previously provided under section 4. The Secretary shall not approve a relaxation of a technology-based emission limitation for a specific unit or stack within a duplicate source operation that has been established pursuant to any other rule nor shall the Secretary approve a relaxation in emission limits previously established for the purpose of avoiding the permitting requirements of 45CSR14 or 45CSR19.
11.2. A request for approval of alternative individual stack allowable emission rates made to the Secretary pursuant to subsection 11.1 shall be filed as an application for an existing stationary source operating permit as provided under 45CSR13 and shall contain such information as the Secretary deems necessary for acting upon the request. Such information shall include, but not be limited to, an air quality impact analysis demonstrating that the alternative emission rates would not cause or contribute to a violation of any federal or state ambient air quality standard or any applicable maximum allowable increase over the baseline concentration of particulate matter in the area affected by the duplicate source operation.
11.3. Any approval of alternative allowable emission rates by the Secretary pursuant to subsections 11.1 and 11.2 shall be embodied in a permit issued as an existing stationary source operating permit in accordance with 45CSR13.

W. Va. Code R. § 45-7-11