Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-13-5 - Permit Application and Reporting Requirements for Construction of and Modifications to Stationary Sources5.1. No person shall cause, suffer, allow or permit the construction or modification or relocation and operation of any stationary source to be commenced without notifying the Secretary of such intent and obtaining a permit to construct, modify, relocate and operate the stationary source as required in this rule or any other applicable rule promulgated by the Secretary. Construction of a major stationary source or a major modification shall be subject to the pre-construction permit requirements of 45CSR14 or 45CSR19 depending upon the air pollutants involved and the attainment status of the area in which the source or modification would occur. A source subject to 45CSR14 or 45CSR19 is not subject to the requirements of this rule. For the purposes of this rule, the following do not constitute activities pursuant to subsections 2.4 and 2.5, and prior to obtaining a permit to construct, modify, relocate and operate, a source may: 5.1.b. Grub stumps, roots and other natural impediments to site development;5.1.c. Excavate, grade and compact topsoil to establish temporary and final grade;5.1.d. Dig and construct foundations and/or caissons and grade beams;5.1.e. Demolish existing structures, provided that all activity must comply and comport with all existing State rules and federal regulations including, but not limited to, asbestos requirements pursuant to 45CSR34, applicable National Emission Standards for Hazardous Air Pollutants pursuant to section 112 of the Clean Air Act, applicable requirements of the Resource Conservation and Recovery Act ( 42 U.S.C. § 6901 et seq.), and the West Virginia Solid Waste Management Act, W. Va. Code § 22-15-1, et seq and the rules promulgated thereunder, including 45CSR25;5.1.f. Upgrade the utility support facilities, provided that in no instance shall these upgrades cause or contribute to new or increased emissions unto themselves or increase emissions from any other unit;5.1.g. Construct or modify structures which are strictly office buildings, warehouses or buildings that could potentially be used for those purposes;5.1.h. Order equipment and procure supplies with which an emissions unit could be composed, provided that such ordering and procuring is not in violation of any other state rule; or5.1.i. Receive or store on-site or off-site any equipment or supplies which make up in part or in whole an emission unit or any support equipment, facilities, building or structure. A source may store on-site any equipment, supplies, emission unit or any support equipment on its permanent pad or foundation or at any other location at the stationary source.5.2. Prior to obtaining a permit to construct and operate, a source may not cause the erection or installation of an emissions unit unless granted permission under section 16.5.3. All activities listed under subdivisions 5.1.a. through 5.1.i. shall be conducted 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.5.4. Any person proposing to construct, modify, relocate and operate a stationary source after the effective date of this rule shall file a complete permit application with the Secretary and shall not construct, modify, relocate and operate the stationary source until the Secretary issues a permit approving of the construction, modification, relocation and operation. The application shall contain sufficient information as, in the judgment of the Secretary, will enable the Secretary to determine whether the source construction, modification, relocation and operation will be in conformance with the provisions of any applicable rules promulgated by the Secretary. Such information may include, but not be limited to, site information, plans, descriptions, specifications, and drawings relating to the proposed construction, modification, or relocation of the source, the manner in which it will be operated, maximum emission rates and emissions control equipment data.5.5. Any person who owns or operates an existing stationary source may voluntarily request a permit to operate the stationary source under enforceable terms established in an existing stationary source operating permit issued pursuant to this rule. The owner or operator shall submit a complete permit application requesting coverage under the terms and conditions of an existing source operating permit issued in accordance with the permit application and all applicable rules of the Secretary. The issuance of existing stationary source operating permits by the Secretary shall be in accordance with all provisions of this rule including public participation provisions under section 8.5.6. All permit applications under this rule shall be signed by a responsible official of the entity which will own or operate the stationary source. The signature shall constitute an agreement that the applicant will assume responsibility for the construction, modification, or relocation and operation of the stationary source in accordance with the permit application, permit, applicable rules promulgated by the Secretary, and W. Va. Code § 22-5-1, et seq.5.7. The Secretary shall issue such permit or registration unless he or she determines that the proposed construction, modification, registration or relocation will violate applicable emission standards, will interfere with attainment or maintenance of an applicable ambient air quality standard, cause or contribute to a violation of an applicable air quality increment, or be inconsistent with the intent and purpose of this rule or W. Va. Code § 22-5-1, et seq., in which case the Secretary shall issue an order denying such construction, modification, relocation and operation. The Secretary shall, to the extent possible, give priority to the issuance of any such permit so as to avoid undue delay and hardship.5.7.a. The Secretary shall issue a permit for all construction or modifications and operation of a stationary source within a reasonable time not to exceed ninety (90) calendar days, after the date the Secretary determines the application is complete. The Secretary may extend this time by thirty (30) calendar days to allow for public comment.5.7.b. The Secretary shall, within a reasonable time not to exceed forty-five (45) calendar days after the date the Secretary determines that an application is complete, issue a registration under a general permit, unless he or she determines that the proposed construction, modification, relocation and operation will not be in accordance with this rule.5.7.c. The Secretary shall, within a reasonable time not to exceed forty-five (45) calendar days after receipt of a complete application, issue a temporary permit or a relocation permit, unless he or she determines that the proposed construction, modification, relocation and operation will not be in accordance with this rule.5.8. The Secretary shall review all permit applications for completeness within thirty (30) days from receipt and notify the applicant in writing as to whether the application is complete or specify any information required. Any determination of completeness or lack thereof shall not relieve the permit applicant of the requirement to subsequently submit, in a timely manner, any additional or corrected information deemed by the Secretary to be necessary for permit or general permit registration approval. The Secretary shall act upon all applications; however, the periods set forth in this section for application review by the Secretary shall not be deemed to have begun until such time as the permit application is deemed complete.5.9. Any denial order for a permit application for the proposed construction, modification, relocation, registration for a general permit and operation of any source shall set forth the reasons of such denial with reasonable specificity. 5.10. The Secretary may impose any reasonable condition as part of a granted administrative update, construction, modification, existing stationary source operating permit or relocation permit. Such condition may include, but not be limited to, the submission of periodic progress, operation or emissions reports, the provisions for a suitable emissions sampling site and the installation of air pollutant monitoring devices. The Secretary shall impose or incorporate, consistent with all applicable rules, enforcement conditions which assure that all emission limitations contained within the permit are quantifiable, permanent and practicably enforceable. The Secretary may, on the basis of information provided in a permit application or with the agreement of the permit applicant, impose source-specific emission limitations, limits on the hours of operation or production rates, or other constraints to minimize air pollutant discharges or establish enforceable emission caps for a stationary source not otherwise specifically required by a rule of the Secretary promulgated pursuant to W. Va. Code § 22-5-1, et seq. Any portions of the permit application, other than plans and specifications, that are to be made permit conditions must be specifically identified in the permit itself.5.11. The Secretary may develop and issue Class I and Class II general permits under this rule authorizing the construction, modification, relocation and operation of a category of sources by the same owner or operator or involving the same or similar processes or pollutants upon the terms and conditions specified in the general permit. 5.11.a. Class I general permits may be issued by the Secretary for those types of sources considered less significant than sources for which the Secretary issues Class II general permits. In making this determination as to significance, the Secretary shall consider the nature and volume of emissions from the source, whether the source operates on a continuous or an intermittent basis, the proximity of the source to any location occupied by the public and the length of time the source is expected to remain in place. The designation of Class I or Class II for a general permit shall be made at the time the permit goes through public comment and adoption for the source category governed by the general permit.5.11.b. Class I and II general permits shall be subject to public notice requirements and application fees as specified under sections 8 and 12, respectively.5.12. The owner or operator of any stationary source which adds an additional emissions unit or makes a change in the method of operation which results in an emissions increase, or in the discharge of a new regulated air pollutant, in an amount below the levels which require a permit to modify, excluding the emissions units listed in Table 45-13B, may notify the Secretary in writing even though a permit is not required. The notification shall briefly describe the emission unit or change, the pollutants involved, the potential to emit for each pollutant increased or added and supporting calculations. Within thirty (30) working days of receipt of such a notice, the Secretary shall notify the owner or operator in writing if the Secretary believes a permit is required, setting forth the reasons with reasonable specificity or shall notify the owner or operator that insufficient information was submitted to enable a determination to be made and specify the information required.5.13. The owner or operator of any stationary source which adds an additional emissions unit or makes a change in the method of operation which results in an emissions increase, or in the discharge of a new regulated air pollutant, in an amount below the levels which require a permit to modify, excluding the emissions units listed in Table 45-13B, shall maintain records briefly describing the emission unit or change, the pollutants involved, the potential to emit for each pollutant increased or added and supporting calculations. Such records shall be maintained by the owner or operator for at least two (2) years and shall be made available to the Secretary upon request.5.14. Any person holding a permit issued pursuant to subsection 5.5 may make a written request to the Secretary for a cancellation of such permit. If granted by the Secretary, such a cancellation shall not excuse any violation of the permit terms or conditions prior to the Secretary's cancellation of such permit. In no case shall such a permit cancellation become effective until the permittee and U.S. EPA are provided with a sixty (60) day written notice of such a permit cancellation.