W. Va. Code R. § 45-10-3

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-10-3 - Sulfur Dioxide Weight Emission Standards for Fuel Burning Units
3.1. Total Allowable Emission Rates for Similar Units in Priority I and Priority II Regions. -- No person shall cause, suffer, allow or permit the discharge of sulfur dioxide into the open air from all stacks located at one plant, measured in terms of pounds per hour, in excess of the amount determined as follows:
3.1.1. Reserved.
3.1.2. For fuel burning units of the Mitchell Plant of Kentucky Power Company and Wheeling Power Company, located in Air Quality Control Region I, the product of 7.5 and the total actual operating heat inputs for such units discharging through those stacks in million BTU's per hour.
3.1.3. Reserved.
3.1.4. For fuel burning units of the Mt. Storm Plant of Virginia Electric and Power Company, located in Air Quality Control Region VII, the product of 2.7 and the total design heat inputs for such units discharging through those stacks in million BTU's per hour.
3.1.5. For Type 'b', and Type 'c' fuel burning units, the product of 3.1 and the total design heat inputs for such units discharging through those stacks in million BTU's per hour.
3.2. Maximum Allowable Emission Rates for Similar Units in Region IV (Kanawha Valley Air Quality Control Region: Kanawha County, Putnam County, and Falls and Kanawha Magisterial Districts of Fayette County). -- No person shall cause, suffer, allow or permit the discharge of sulfur dioxide into the open air from all stacks located at one plant, measured in terms of pounds per hour, in excess of the amount determined as follows:
3.2.1. For fuel burning units of the John Amos Plant of Appalachian Power Company, located in Air Quality Control Region IV, the product of 1.6 and the total design heat input for such units discharging from those stacks in million BTU's per hour.
3.2.2. Reserved.
3.2.3. For Type 'b' and Type 'c' fuel burning units, the product of 1.6 and the total design heat inputs for such units discharging through those stacks in million BTU's per hour, provided however, that no more than 5,500 pounds per hour of sulfur dioxide shall be discharged into the open air from all such stacks.
3.3. Maximum Allowable Emission Rates for Similar Units in All Priority III Regions Except Region IV. -- No person shall cause, suffer, allow or permit the discharge of sulfur dioxide into the open air from all stacks located at one plant, measured in terms of pounds per hour, in excess of the amount determined as follows:
3.3.1. For fuel burning units of the Harrison Power Station of Monongahela Power Company, located in Air Quality Control Region VI, the product of 5.12 and the total actual operating heat inputs for such units discharging from those stacks in million BTU's per hour.
3.3.2. Reserved.
3.3.3. Reserved.
3.3.4. For fuel burning units of the Fort Martin Power Station of Monongahela Power Company, located in Air Quality Control Region VI, the product of 3.1 and the total actual operating heat inputs for such units discharging from those stacks in million BTU's per hour.
3.3.5. Reserved.
3.3.6. For Type 'b' and Type 'c' fuel burning units, the product of 3.2 and the total design heat inputs for such units discharging through those stacks in million BTU's per hour.
3.4. Allowable Emission Rates for Individual Stacks.
3.4.1. Unless otherwise approved by the Secretary, the maximum allowable emission rate for an individual stack shall not exceed by more than 25% the emission rate determined by prorating the total allowable emission rate specified in subsections 3.1, 3.2, or 3.3, on the basis of individual unit heat input at design capacity for all fuel burning units discharging through that stack.
3.4.1.a. Subject to the provisions of this section, allowable emission rates for individual stacks shall be determined by the owner and/or operator and registered with the Secretary at the request of and on forms provided by the Secretary. Such rates shall be subject to review and approval by the Secretary.
3.4.1.b. The approved set of individual stack allowable emission rates shall become an official part of the compliance schedule and any permits concerning such source or sources, and shall not be changed without the prior written approval of the Secretary.
3.4.2. The owner or operator of a source subject to subsections 3.1, 3.2 or 3.3 of this rule which has more than one stack, may petition the Secretary for individual stack allowable emission rates differing from those calculated under subdivision 3.4.1. The Secretary may approve such request provided that:
3.4.2.a. For each scenario the sum of the maximum allowable emission rates for each stack shall not exceed the total allowable emission rate specified in subsection 3.1, 3.2 or 3.3 for all stacks located at one plant;
3.4.2.b. The application shall include, but not be limited to, the maximum proposed emission rate for each individual stack for each proposed operating scenario;
3.4.2.c. The owner or operator shall install a certified continuous emissions monitoring system (CEMS) to monitor sulfur dioxide emissions for each stack. Such CEMS shall be installed, certified, operated and maintained as specified in 40 CFR Part 60, Appendix B, Performance Specification 2 (PS2) and 45CSR16. Sources meeting the requirements of 40 CFR Part 75 (Acid Rain) and 45CSR33 shall be deemed to have satisfied the requirements of PS2;
3.4.2.d. The owner or operator shall demonstrate to the Secretary's satisfaction that for each operating scenario approved the source will not cause or contribute to a violation of the National Ambient Air Quality Standard for sulfur dioxide, and demonstrate compliance with any other applicable emissions banking and trading rules;
3.4.2.e. The Secretary shall not approve a relaxation of a technology-based emission limitation for a specific unit or stack that has been established pursuant to any other rule, permit or consent order nor shall the Secretary approve a relaxation in emission limits previously established for the purpose of avoiding the permitting requirements of 45CSR14 or 45CSR19; and
3.4.2.f. Any approval of an individual stack allowable emission rate by the Secretary pursuant to subdivision 3.4.2 shall be embodied in a permit issued as an existing stationary source permit in accordance with 45CSR13.
3.5. The design heat input of a waste heat boiler shall not be included in computing the total plant design heat input for the purposes of subsections 3.1, 3.2, 3.3 or 3.4.
3.6. No person shall circumvent the provisions of this rule by constructing fuel burning unit(s) larger than would be necessary to provide heat and/or power for an existing manufacturing plant, with a reasonable margin for plant expansion, in order to use that design heat input to raise the allowable sulfur content in fuel.
3.7. No person shall cause, suffer, allow or permit the discharge of sulfur dioxide to the open air from the combustion of fuel in a fuel burning unit of a waste heat boiler in excess of 2.2 pounds of sulfur dioxide per million BTU's of heat input per hour. This limitation is based on the heat input provided to the boiler by the combustion of this auxiliary fuel.
3.7.1. The provision of this subdivision applies only to the fuel used for the waste heat boiler(s) and does not replace or supersede the provisions of subsection 4.1.
3.8. Compliance with the allowable sulfur dioxide emission limitations from fuel burning units shall be based on a continuous 24 hour averaging time. The owner and/or operator of a fuel burning unit shall not allow emissions to exceed the weight emissions standards for sulfur dioxide as set forth in this rule, except during 1 continuous 24 hour period in each calendar month and during this 1 continuous 24 hour period said owner and/or operator shall not allow emissions to exceed such weight emission standards by more than 10% without causing a violation of this rule. A continuous 24 hour period is defined as 1 calendar day.

W. Va. Code R. § 45-10-3