W. Va. Code R. § 45-19-17

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

Section 45-19-17 - Permit Transfer, Cancellation and Responsibility

17.1. Permit Transfer. -- A permittee may petition the Secretary for a transfer of a permit previously issued under 45CSR19. The Secretary shall approve such permit transfer provided the following conditions are met:

17.1.a. The permittee, in the petition, describes the reasons for the requested permit transfer and certifies that the subject source is in compliance with all the provisions and requirements of its permit, and

17.1.b. The transferee provides written acknowledgment that it accepts and will comply with all the requirements, terms, and conditions as contained in the subject permit.

17.2. Permit Cancellation.

17.2.a. The Secretary shall cancel or suspend a permit if, after eighteen (18) months from the date of issuance the holder of the permit cannot provide the Secretary, at the Secretary's request, with written proof of a good faith effort that such construction, modification or relocation has commenced and remains ongoing. Such proof shall be provided not later than thirty (30) days after the Secretary's request.

17.2.b. The Secretary may cancel or suspend the permit if the plans and specifications upon which the approval was based or the conditions established in the permit are not adhered to. Upon notice of the Secretary's intent to suspend, modify or revoke a permit, the permit holder may request a conference with the Secretary in accordance with the provisions of W.Va. Code § 22-5-5 to show cause why the permit shall not be suspended, modified or revoked.

17.3. Responsibility.

17.3.a. Possession of a permit does not relieve any person of the responsibility of complying with any and all rules of the Secretary or W.Va. Code § 22-1-1 et seq. and any other requirements under local. State or Federal law.

17.3.b. A source which has not operated at least five hundred (500) hours in one 12-month period within the past previous five-year time period may be considered permanently shutdown, unless such source can provide to the Secretary, with reasonable specificity, information to the contrary. All permits may be modified or revoked and/or reapplication or application for new permits may be required for any source determined to be permanently shutdown.

17.3.c. Any person who owns or operates any particular source or modification which becomes a major stationary source or major modification solely by virtue of a relaxation in any limitation, enforceable by the Administrator or the Secretary, on the capacity of the source or modification otherwise to emit a pollutant (such as a restriction on hours of operation), shall become subject to the requirements of this rule as though construction had not yet commenced on the source or modification.

17.3.d. Any owner or operator who constructs, modifies or operates a stationary source not in accordance with the permit application submitted or with the terms of any approval to construct, or any owner or operator of a stationary source or modification subject to this rule who commences construction without applying for and receiving permit approval from the Secretary, shall be subject to appropriate enforcement action in accordance with the W.Va. Code.

17.4. Except as otherwise provided in subdivision 17.4.f, the following specific provisions apply with respect to any regulated NSR pollutant emitted from projects at existing emissions units at a major stationary source, other than projects at a source with a PAL, in circumstances where there is a reasonable possibility, within the meaning of subdivision 17.4.f, that a project that is not apart of a major modification may result in a significant emissions increase of such pollutant, and the owner or operator elects to use the method specified in subdivisions 2.59.a through 2.59.c for calculating projected actual emissions:

17.4.a. Before beginning actual construction of the project, the owner or operator shall document and maintain a record of all of the following:

17.4.a.1. A description of the project;

17.4.a.2. Identification of the emissions unit or units whose emissions of a regulated NSR air pollutant could be affected by the project; and

17.4.a.3. A description of the applicability test used to determine that the project is not a major modification for any regulated NSR air pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under subdivision 2.59.C and an explanation why the amount was excluded, and any netting calculations, if applicable;

17.4.b. If the emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information required under subdivision 17.4.a to the Secretary. Nothing in this subdivision shall be construed to require the owner or operator of such a unit to obtain any determination from the Secretary before beginning actual construction.

17.4.c. The owner or operator shall monitor the emissions ofany regulated NSR pollutant that could increase as a result of the project and that is emitted by any emissions unit identified in subdivision 17.4.b. The owner or operator shall calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of 5 years following resumption of regular operations after the change, or for a period of 10 years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of that regulated NSR pollutant at such emissions unit.

17.4.d. If the emissions unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the Secretary within 60 days after the end of each year during which records must be generated under subdivision 17.4.c setting out the unit's annual emissions during the calendar year that preceded submission of the report.

17.4.e. If the emissions unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the Secretary if the annual emissions, in tons per year, from the project identified in subdivision 17.4.a, exceed the baseline actual emissions, as documented and maintained pursuant to subdivision 17.4.c, by a significant amount for that regulated NSR air pollutant, and if the emissions differ from the pre construction projection that was provided to the Secretary pursuant to subdivision 17.4.b. The report shall be submitted to the Secretary within 60 days after the end of the year. The report shall contain the following information:

17.4.e.1. The name, address and telephone number of the major stationary source;

17.4.e.2. The annual emissions as calculated pursuant to paragraph 17.4.a.3; and

17.4.e.3. Any other information that the owner or operator wishes to include in the report, e.g., an explanation as to why the emissions differ from the pre construction projection.

17.4.f. A "reasonable possibility" under subsection 17.4 occurs when the owner or operator calculates the project to result in either:

17.4.f.1. A projected actual emissions increase of at least 50 percent of the amount that is a "significant emissions increase," as defined under subsection 2.67 (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant; or

17.4.f. 2. A projected actual emissions increase that, added to the amount of emissions excluded under subdivision 2.59.C, sums to at least 50 percent of the amount that is a "significant emissions increase," as defined under subsection 2.67 (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only within the meaning of this paragraph, and not also within the meaning of paragraph 17.4.f.1, then provisions under subdivisions 17.4.b through 17.4.e do not apply to the project.

17.5. The owner or operator of the source shall make the information required to be documented and maintained pursuant to subsection 17.4 available for review upon request for inspection by the Secretary or the public.

17.6. The requirements of this rule applicable to major stationary sources and major modifications of volatile organic compounds shall apply to nitrogen oxides emissions from major stationary sources and major modifications of nitrogen oxides in an ozone transport region or in any ozone nonattainment area, except in ozone nonattainment areas or in portions of an ozone transport region where the Administrator has granted a NOx waiver applying the standards set forth under section 182(f) of the CAA and the waiver continues to apply.

17.7. Emission Offset Ratios.

17.7.a. In meeting the emissions offset requirements of subsection 7.1, the ratio of total actual emissions reductions to the emissions increase shall be at least 1:1 unless an alternative ratio is provided for the applicable nonattainment area in subdivisions 17.7.b through 17.7.d.

17.7.b. In meeting the emissions offset requirements of subsection 7.1 for ozone nonattainment areas that are subject to Title I, Part D, Subpart 2 of the CAA, the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be as follows:

17.7.b.1. In any marginal nonattainment area for ozone - at least 1.1:1;

17.7.b.2. In any moderate nonattainment area for ozone - at least 1.15:1;

17.7.b.3. In any serious nonattainment area for ozone - at least 1.2:1;

17.7.b.4. In any severe nonattainment area for ozone - at least 1.3:1 (except that the ratio may be at least 1.2:1 if the approved plan also requires all existing major sources in such nonattainment area to use BACT for the control of VOC); and

17.7.b.5. In any extreme nonattainment area for ozone - at least 1.5:1 (except that the ratio may be at least 1.2:1 if the approved plan also requires all existing major sources in such nonattainment area to use BACT for the control of VOC); and

17.7.c. Notwithstanding the requirements of subdivision 17.7.b for meeting the requirements of subsection 7.1, the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be at least 1.15:1 for all areas within an ozone transport region that is subject to Title I, Part D, Subpart 2 of the CAA, except for serious, severe, and extreme ozone nonattainment areas that are subject to Title I, Part D, Subpart 2 of the CAA.

17.7.d. In meeting the emissions offset requirements of subsection 7.1 for ozone nonattainment areas that are subject to Title I, Part D, Subpart 1 of the CAA (but are not subject to Title I, Part D, Subpart 2 of the CAA, including 8-hour ozone nonattainment areas subject to 40 CFR 51.902(b)) , the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be at least 1:1.

17.8. The requirements of this rule applicable to major stationary sources and major modifications of PM₁₀ shall also apply to major stationary sources and major modifications of PM₁₀ precursors, except where the Administrator determines that such sources do not contribute significantly to PM₁₀ levels that exceed the PM₁₀ ambient standards in the area.

17.9. In meeting the emissions offset requirements of section 7, the emissions offsets obtained shall be for the same regulated NSR pollutant.

W. Va. Code R. § 45-19-17