W. Va. Code R. § 45-14-13

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

Section 45-14-13 - Additional Requirements and Variances for Sources Impacting Federal Class I Areas

13.1. Notice to EPA. -- The Secretary shall transmit to the Administrator a copy of each permit application relating to a major stationary source or major modification impacting a Class I area and provide notice to the Administrator of every action related to the consideration of such permit.

13.2. Notice to Federal Land Managers. -- The Secretary shall provide written notice of any permit application for a proposed major stationary source or major modification, the emissions from which may affect a Class I area, to the Federal Land Manager or the Federal official charged with direct responsibility for management of any federal lands within the area. Such notification shall include a copy of all information relevant to the permit application and shall be given within 30 days of receipt and at least 60 days prior to any public hearing on the application for a permit to construct. Such notification shall include an analysis of the proposed source's anticipated impacts on visibility in the Federal Class I area.

13.3. The Secretary shall also provide the Federal Land Manager or the Federal official charged withdirect responsibility for management of any federal lands within the area with a copy of the preliminary determination required under subsection 17.2, and shall make available to him or her any materials used in making that determination, promptly after the Secretary makes such determination. Finally, the Secretary shall also notify all affected Federal Land Managers within 30 days of receipt of any advance notification of any such permit application.

13.4. Federal Land Manager. -- The Federal Land Manager or the Federal official charged with direct responsibility for management of any federal lands has an affirmative responsibility to protect the air quality related values (including visibility) of such lands and to consider, in consultation with the Secretary, whether a proposed source or modification will have an adverse impact on such values.

13.5. The Federal Land Manager of the affected Class I area may present to the Secretary, during the public review process described in section 17, a demonstration that the emissions from the proposed major stationary source or major modification would have an adverse impact on the air quality-related values (including visibility) of any Federal mandatory Class Iarea, notwithstanding that the change in air quality resulting from emissions from such source or modification would not cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I area. If the Secretary concurs with such demonstration, the Secretary shall deny the permit to construct.

13.6. Class I variances. -- The owner or operator of a proposed source or modification may demonstrate to the Federal Land Manager that the emissions from such source or modification would have no adverse impact on the air quality related values of any such lands (including visibility), notwithstanding that the change in air quality resulting from emissions from such source or modification would cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I area. If the Federal Land Manager concurs with such demonstration and so certifies, the Secretary may issue the permit: Provided that the applicable requirements of this section are otherwise met, the Secretary may issue the permit with such emission limitations as may be necessary to assure that emissions of sulfur dioxide, PM_2.5, PM₁₀, and nitrogen oxides would not exceed the following maximum allowable increases over minor source baseline concentration for such pollutants:

Maximum Allowable Pollutant Concentration Increase over Minor Source Baseline Concentration (µg/m3)

Particulate Matter: PM2.5, Annual arithmetic mean4 PM2.5, 24-hr maximum9 PM10, Annual arithmetic mean17 PM10, 24-hr maximum30

Sulfur dioxide: Annual arithmetic mean20 24-hr maximum91 3-hr maximum325

Nitrogen dioxide: Annual arithmetic mean25

13.7. An applicant for a permit pursuant to this rule shall be allowed the Class I variances as provided in 40 CFR §§ 51.166(p)(4), (5), (6), and (7) as contained in the Code of Federal Regulations, provided that all requirements of said 40 CFR §§ 51.166(p)(4), (5), (6), and (7) are met and written notification of variance in accordance with said section(s) is provided to the Secretary.

W. Va. Code R. § 45-14-13