Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-14-1 - General1.1. Scope. -- This rule establishes and adopts a preconstruction permit program in accordance with the policy of §101(b)(1) of the Clean Air Act (CAA), the purposes of §160 of the CAA, and the prevention of significant deterioration of air quality requirements of 40 CFR § 51.166. Preconstruction permits issued pursuant to this rule shall contain emission limitations and such other measures as may be necessary for the prevention significant deterioration of air quality. This rule provides:1.1.a. A mechanism to ensure that economic growth will occur in harmony with the preservation of existing clean air resources; to prevent the development of any new non-attainment problems; to protect the public health and welfare from any adverse effects which might occur even at air quality levels better than the National Ambient Air Quality Standards; and to preserve, protect, and enhance the air quality in areas of special natural, recreational, scenic, or historic value. It is the intent of the Secretary to register and evaluate sources of air pollutants and to preclude the construction or relocation of any major stationary source or major modification in any area classified as attaining National Ambient Air Quality Standards or unclassifiable in which the establishment of such source or modification may interfere with the goals of the prevention of significant deterioration of air quality levels; and1.1.b. A method to quantitatively define significant deterioration of air quality with respect to the desired degree of preservation of air quality for various areas and to set forth procedures for registration and reporting, and the criteria for obtaining a permit to construct or relocate a major stationary source or make a major modification to a stationary source within a designated attainment or unclassified area of the State of West Virginia. Such construction, modification, or relocation without such a permit is a violation of this rule.1.2. Authority. -- W. Va. Code § 22-5-4.1.3. Filing Date. -- May 15, 2017.1.4. Effective Date. -- June 1, 2017.1.5. Federal Regulation. -- Unless otherwise indicated, where reference to a federal regulation or standard appears in this rule, such regulation or standard will, for the purpose of this rule, be construed as that version which was in effect as of June 1, 2016.