W. Va. Code R. § 45-19-12

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

Section 45-19-12 - Reasonable Further Progress

12.1. By the time the proposed major source or major modification is to commence operation, sufficient offsetting emissions reductions shall be in effect such that the total allowable emissions from existing sources in the area, from new or modified sources which are not major sources and from the proposed source will be sufficiently less than total emissions from existing sources prior to the application for the permit to construct or modify so as to represent, when considered together with the plan provisions required under section 172 of the act ( 42 USC 7502) , reasonable further progress.

12.2. For the purposes of satisfying the requirements of subsection 12.1:

12.2.a. The determination of total emissions at both the time prior to the application for a permit subject to the requirements of this chapter and the time the permitted source or modification would commence operation, shall be made in a manner consistent with the assumptions in the applicable state implementation plan approved by the Administrator concerning baseline emissions for the demonstration of reasonable further progress and attainment of the National Ambient Air Quality Standards for the particular pollutant subject to review under this chapter; and

12.2.b. To demonstrate reasonable further progress a new or modified source subject to review under this rule shall obtain offsets in an amount equal to or greater than the amount specified by the applicable offset ratio. If an offset ratio is not specified, the offset ratio shall be at least 1 to 1.

W. Va. Code R. § 45-19-12