W. Va. Code R. § 45-13-15
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-13-15 - Hazardous Air Pollutants15.1. For purposes of establishing an inventory of hazardous air pollutants, any person who makes an application for a permit as required by subsections 5.1, 5.11 or 11.2 shall include in the application information on the nature and extent of any emissions of hazardous air pollutants. Hazardous air pollutants (that are not air pollutants listed in Table 45-13A) shall be subject to limitations or controls only to the extent necessary:15.1.a. To incorporate an applicable requirement based upon any rule of the Secretary promulgated pursuant to W. Va. Code § 22-5-1, et seq.;15.1.b. To implement subsection 5.5 related to voluntary permitting;15.1.c. To establish case-by-case maximum achievable control technology (MACT) requirements as required by 45CSR34; or15.1.d. To set an emission limit based upon the source's maximum potential to emit as provided in the permit application.15.2. In the event of a subsequently issued MACT requirement, the facility may request a review of an existing permit received pursuant to this rule. When appropriate, said MACT requirements shall be incorporated into the permit.15.3. Any source or source category that has been the subject of an analysis pursuant to Section 112(n) of the federal Clean Air Act shall be exempt from any limitations or controls on hazardous air pollutants until such time as it has been determined that MACT controls are applicable. In the event that MACT controls are determined to be applicable to a 112(n) source or source category, this section shall be applicable only to the hazardous air pollutants that are subject to such MACT.W. Va. Code R. § 45-13-15