W. Va. Code R. § 45-13A-4

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

Section 45-13A-4 - Activities Exempt from Permitting

4.1. R&D activities shall be exempt from permitting requirements under 45CSR13, provided the following terms and conditions are met:

4.1.a. The R&D activities do not result in any new or increased actual emissions of regulated pollutants or the applicability of any new requirements; nor do such activities constitute a "major modification" under 45CSR14 or 45CSR19; or

4.1.b. The R&D activities have new or increased actual emissions of regulated pollutants and meet one of the following criteria:

4.1.b.1. The R&D activities do not increase actual emissions more than 6 pounds per hour or 2 tons per year of a criteria pollutant;

4.1.b.2. The R&D activities do not increase actual emissions more than 2 pounds per hour or 1 ton per year of aggregated hazardous air pollutants (HAPs), including any new or different HAPs; provided that the new or different HAPs do not result in the applicability of any new or revised requirements; or

4.1.b.3. The R&D activities do not increase actual emissions of toxic air pollutants more than the amounts listed in subdivisions 2.17.c and 2.17.d of 45CSR13.

4.2. R&D activities eligible for the permitting exemption under subdivisions 4.1.a or 4.1.b shall maintain records on-site for at least two (2) years which records shall be available to the Secretary upon request and shall include the following:

4.2.a. Description of the research and development activity;

4.2.b. The operating data to support methods, procedures and/or techniques used to control emissions;

4.2.c. The estimated actual emissions of regulated pollutants and supporting calculations; and

4.2.d. The date and duration of regulated pollutant emissions.

4.3. A source which is not operated at least 500 hours in one 12-month period within the previous five (5)-year time period may be considered permanently shutdown, unless such source can provide to the Secretary, with reasonable specificity, information to the contrary.

W. Va. Code R. § 45-13A-4