W. Va. Code R. § 45-14-16

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

Section 45-14-16 - Specific Exemptions

16.1. A non-profit health or non-profit educational institution proposing to construct or relocate a major stationary source or to make a major modification may petition the Secretary for an exemption from the requirements of subsections 8.2, 8.3 and 8.4 and sections 9, 11 and 12.

16.2. The source or modification that would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the source's or modification's potential to emit and the source does not belong to any of the source categories listed in Table 1 may petition the Secretary for exemption from the requirements of subsections 8.2, 8.3, 8.4 and sections 9, 11 and 12.

16.3. Any person proposing to relocate a source or modification that is a portable stationary source which has previously received a permit under this rule may petition the Secretary not less than ten (10) days in advance of the proposed relocation (unless the Secretary has previously approved a different time limit) for an exemption from the requirements of subsections 8.2, 8.3 and 8.4 and sections 9, 11 and 12. The Secretary shall grant this if the following conditions are met:

16.3.a. The source proposes to relocate, and emissions of the source at the new location would not exceed two (2) years;

16.3.b. The emissions from the source would not exceed its allowable emissions;

16.3.c. The emissions from the source would impact no Class I area and no area where an applicable increment is known to be violated; and

16.3.d. The source identifies the proposed new location and the probable duration of operation at the new location.

16.4. Requirements equivalent to those contained in subsections 8.2, 8.3 and 8.4 and sections 9, 11 and 12 do not apply to a major stationary source or major modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant, the source or modification is located in an area designated as nonattainment under §107 of the CAA.

16.5. Any person proposing to construct or relocate a major stationary source or make a major modification may petition the Secretary for an exemption from the requirements of sections 9 through 12 with respect to a particular pollutant, and the Secretary shall grant such exemption if the allowable emissions of that pollutant from a new source, or the net emissions increase of that pollutant from a modification, would not exceed two (2) years, would not impact any Class I area, and would not impact any area where an applicable increment is known to be violated.

16.6. Any person proposing to modify a major stationary source located in a Class II area that was in existence prior to March 1, 1978 may petition the Secretary for an exemption from the requirements of sections 9, 11 and 12 as they relate to any maximum allowable increase for a Class II area. The Secretary shall grant such exemption if the net increase in allowable emissions of each regulated NSR pollutant from the modification after the application of best available control technology would be less than fifty (50) tons per year.

16.7. Any person proposing to construct or relocate a major stationary source or make a major modification may petition the Secretary for an exemption from the requirements of section 11 with respect to a particular pollutant if:

16.7.a. The applicant demonstrates that the emissions increase of the pollutant from a new stationary source or the net emissions increase of the pollutant from a modification would cause, in any area, an air quality impact less than the amounts listed in Table 2; or

16.7.b. The applicant demonstrates that the concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed in Table 2; or

16.7.c. The applicant's request is for any pollutant which is not listed in Table 2.

Table 2 - De Minimis Air Quality Impacts
Pollutant	Concentration (µg/m³)	Averaging Time
Carbon Monoxide	575	8-hour
Nitrogen Dioxide	14	annual
PM_2.5²	0
PM₁₀	10	24-hour
Sulfur Dioxide	13	24-hour
Ozone¹	None	NA
Lead	0.1	3-month
Fluorides	0.25	24-hour
Hydrogen Sulfide	0.2	1-hour
Total Reduced Sulfur	10	1-hour
Reduced Sulfur Compounds	10	1-hour
¹ No de minimis air quality level is provided for ozone. However, any net emissions increase of 100 tons per year or more of volatile organic compounds or nitrogen oxides subject to PSD would be required to perform an ambient impact analysis, including the gathering of air quality data. ² In accordance with Sierra Club v. EPA, 706 F.3d 428 (D.C. Cir. 2013), no exemption is available with regard to PM_2.5.

16.8. The permitting requirements contained in subdivision 9.1.b do not apply to a stationary source or modification with respect to any maximum allowable increase for nitrogen oxides if the owner or operator of the source or modification submitted an application for a permit to the Secretary before the provisions embodying the maximum allowable increase took effect as part of the plan, and the Secretary subsequently determines that the application as submitted before that date was complete.

16.9. The permitting requirements contained in subdivision 9.1.b shall not apply to a stationary source or modification with respect to any maximum allowable increase for PM₁₀ if:

16.9.a. The owner or operator of the source or modification submitted an application for a permit to the Secretary before the provisions embodying the maximum allowable increases for PM₁₀ took effect as part of the plan; and

16.9.b. The Secretary subsequently determines that the application as submitted before that date was complete. Instead, the applicable requirements of subdivision 9.1.b shall apply with respect to the maximum allowable increases for TSP that are in effect on the date the application was submitted.

16.10. The requirements of subsection 9.1 shall not apply to a stationary source or modification with respect to the National or West Virginia Ambient Air Quality Standards for PM_2.5 in effect on March 18, 2013 if:

16.10.a. The Secretary has determined a permit application subject to this section was complete on or before December 14, 2012. Instead, the requirements in subsection 9.1 shall apply with respect to the National or West Virginia Ambient Air Quality Standards for PM_2.5 in effect at the time the Secretary determined the permit application to be complete; or

16.10.b. Prior to March 18, 2013, the Secretary published a public notice of a preliminary determination for the permit application subject to this section. Instead, the requirements in subsection 9.1 shall apply with respect to the National or West Virginia Ambient Air Quality Standards for PM_2.5 in effect at the time of first publication of a public notice on the preliminary determination.

16.11. The requirements of subsection 9.1 shall not apply to a stationary source or modification with respect to the National Ambient Air Quality Standards for ozone published on October 26, 2015 if:

16.11.a. The Secretary has determined a permit application subject to this section was complete on or before October 1, 2015. Instead, the requirements in subsection 9.1 shall apply with respect to the National Ambient Air Quality Standards for ozone in effect at the time the Secretary determined the permit application was complete; or

16.11.b. Prior to December 28, 2015, the Secretary published a public notice of a preliminary determination for the permit application subject to this section. Instead, the requirements in subsection 9.1 shall apply with respect to the National Ambient Air Quality Standards for ozone in effect at the time of first publication of a public notice on the preliminary determination.

W. Va. Code R. § 45-14-16