Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-13-6 - Determination of Compliance of Stationary Sources6.1. At the time a stationary source is alleged to be in compliance with an applicable emission standard and at reasonable times to be determined by the Secretary thereafter, appropriate tests consisting of visual determinations or conventional in-stack measurements or other tests the Secretary may specify shall be conducted to determine compliance.6.2. For cause, the Secretary may request the owner or operator of a stationary source to install stack gas monitoring devices the Secretary deems necessary to determine continuing compliance. The data from such devices shall be readily available for review at the source location or other reasonable location that the Secretary may specify. At the request of the Secretary, the data shall be made available for inspection or copying, and the Secretary may require periodic submission of excess emission reports.6.3. If, after completion of a stack test required by the Secretary, a source fails to prove compliance with permit conditions, W. Va. Code § 22-5-1, et seq., or any rules promulgated thereunder, the source shall immediately take steps approvable by the Secretary which shall assure compliance. These steps may include a reduction in throughput capacity or additional and enhanced control devices.