W. Va. Code R. § 45-19-14

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

Section 45-19-14 - Permit Requirements for Major Stationary Sources and Major Modifications

14.1. Permit Application.

14.1.a. No person shall cause, suffer, allow, or permit the construction or relocation of any major stationary source or a major modification to be commenced in any area designated as nonattainment under §107 of the CAA, without notifying the Secretary of such intent, and obtaining prior to commencement of construction, modification, or relocation, a permit(s) to so construct, modify or relocate the major stationary source or major modification.

14.1.b. No person shall cause, suffer, allow or permit the construction or relocation of any major stationary source or major modification to be commenced anywhere in West Virginia, if the emissions would cause a violation of a NAAQS or would cause a significant impact on air quality in a designated nonattainment area, without notifying the Secretary of such intent and obtaining, prior to commencement of construction, modification or relocation, all necessary preconstruction approvals or permits to so construct, modify or relocate the major stationary source or major modification.

14.2. The owner or operator of the source shall file with the Secretary a timely and complete permit application containing sufficient information as, in the judgement of the Secretary, will enable the Secretary to determine whether such source construction, modification or relocation will be in conformance with the provisions of any rules promulgated by the Secretary and with the requirements of this rule. Such information may include, but not be limited to:

14.2.a. A description of the nature, location, design capacity and typical operating schedule of the source or modification, including specifications and drawings showing its design and plant layout;

14.2.b. A detailed schedule for construction of the source or modification;

14.2.c. A detailed description as to what system of continuous emission reduction is planned by the source or modification, emission estimates, and any other information as necessary to determine that the requirement for lowest achievable emission rate as applicable would be met;

14.2.d. The air quality impact of the source or modification, including meteorological and topographical data necessary to estimate such impact; and

14.2.e. A detailed description of any emission offsets proposed by the applicant.

14.3. Each permit application shall be signed by the owner or operator of the major stationary source or major modification, and such signature shall constitute an agreement that the applicant will assume responsibility for the construction, modification, or relocation, and operation of the major stationary source or major modification in accordance with applicable rules and regulations of the Secretary, the permit application and any permit issued pursuant to this rule.

14.4. Permit Review.

14.4.a. Within thirty (30) days of the receipt of a permit application for construction or relocation of a major stationary source or for a major modification, the Secretary shall determine if the application is complete or if there exists any deficiency in the application or information submitted, and shall notify the applicant of all such deficiencies, if any. In the event of such a deficiency, the date of receipt of the application shall be the date on which the Secretary received all required information.

14.4.b. After completing the review of a complete application, the Secretary shall make a preliminary determination whether a permit shall be approved, approved with conditions or disapproved.

14.4.c. After the public participation requirements specified in section 15 have been satisfied, the Secretary shall notify the applicant in writing of the final determination.

14.5. Permit Issuance or Denial.

14.5.a. Within six (6) months of the receipt of a complete permit application for construction or relocation of a major stationary source or for a major modification, the Secretary shall issue such a permit unless the Secretary determines that the proposed major stationary source or major modification has not satisfied the requirements of this rule, will violate applicable emission standards, will interfere with the attainment or maintenance of applicable ambient air quality standards, or will be inconsistent with the intent and purpose of this rule, in which case the Secretary shall issue an order for the prevention of such construction, modification, or relocation.

14.5.b. If the Secretary denies a permit application for the proposed construction or relocation of any major stationary source or major modification, the order shall setforththe Secretary's reasons with reasonable specificity.

14.6. Reasonable Conditions. -- The Secretary may impose any reasonable conditions as part of a granted construction, modification or relocation permit. Such conditions may include, but not be limited to, the submission of periodic progress or operation reports, the provisions of a suitable sampling site, the installation of pollutant monitoring devices, and the operation and maintenance of ambient air quality monitoring stations.

W. Va. Code R. § 45-19-14