W. Va. Code R. § 45-14-8

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-14-8 - Control Technology Requirements
8.1. Any person proposing to construct or relocate a major stationary source or major modification shall meet each applicable emissions limitation promulgated by the Secretary and any applicable emissions standard or standard of performance under 40 CFR Parts 60, 61 and 63, incorporated by reference into State law in 45CSR16 and 45CSR34.
8.2. Any person proposing to construct a new major stationary source shall apply best available control technology for each regulated NSR pollutant that it would have the potential to emit in significant amounts.
8.3. Any person proposing a major modification of a stationary source shall apply best available control technology for each regulated NSR pollutant for which such proposed major modification would cause a significant net emissions increase from such source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of operation in the unit.
8.4. For any proposed construction of a major stationary source or major modification which is a phased construction project, the determination of best available control technology shall be reviewed and modified as appropriate at the last reasonable time which occurs no later than eighteen (18) months prior to commencement of construction of each independent phase of the project. At such time, the Secretary may require the owner or operator of the applicable stationary source to demonstrate the adequacy of any previous determination of best available control technology for the source.

W. Va. Code R. § 45-14-8