W. Va. Code R. § 45-13-11

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 45-13-11 - Temporary Construction or Modification Permits

11.1. Upon written request by an owner or operator of a source, the Secretary may allow the owner or operator to make limited changes for experimental, testing, commercial development and other temporary purposes for limited periods of time without applying for a construction permit or permit modification otherwise required under the provisions of this rule for such activity. If granted, the temporary permit shall indicate the nature of the activity being approved, the time period for which the approval is being granted, and any conditions to be imposed on the approved activity.

11.2. To permit experimental, testing, commercial development and other temporary purposes, the Secretary may issue temporary permits for periods up to six (6) months (which may be extended in writing for up to twelve (12) additional months at the Secretary's discretion) upon the submission of a written application for such extension to the Secretary by the owner or operator. The Secretary may impose any reasonable conditions as part of a temporary permit which may include, but not be limited to, the submission of periodic progress or operation reports, the provision of suitable sampling sites for tests, emissions testing by the permittee, and the installation, operation, and maintenance of air pollutant monitoring devices.

11.2.a. The Secretary shall maintain for public review a permit application list of all pending applications for temporary permits containing, at a minimum, the name of the applicant, the type and location of the source, and the proposed start-up date for the stationary source. At the same time that an application for a temporary permit is filed with the Secretary, the applicant shall also place a Class I legal advertisement in a newspaper of general circulation where the source is or will be located. The advertisement shall contain the information required under subsection 8.3. No temporary permit may be issued by the Secretary until a thirty (30) day comment period is provided. During this time, the Secretary will receive and evaluate written comments relating to the application.

11.2.b. The Secretary may suspend or revoke any temporary permit upon 24-hour notice to the permittee if the Secretary determines that suspension or revocation is appropriate to protect human health or the environment. Notice may be given verbally, but shall be confirmed in writing by the Secretary immediately thereafter.

11.3. Any temporary permit issued under this section which has expired is not eligible for extension nor is the permittee eligible to reapply for a temporary permit. The activities shall be solely at the risk of the owner or operator of the stationary source and, in undertaking any such activities, the owner or operator shall not assert as any argument, including legal or equitable, in any proceeding (administrative, civil or criminal) that such activities or investment has occurred.

11.4. Upon written request by an owner or operator of a source subject to a temporary permit, the Secretary may allow the owner or operator to conduct emissions testing under an approved protocol. If granted, the approval shall indicate the nature of the activity being approved, the time period for which the approval is being granted and any conditions to be imposed on the approved activity.

W. Va. Code R. § 45-13-11