Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-19-4 - Conditions for a Permit Approval for Proposed Major Sources That Would Contribute to a Violation of NAAQS4.1. Upon determination by the Secretary that a proposed new major stationary source or major modification will locate within a nonattainment area, or that a proposed new major stationary source or major modification to be built outside a nonattainment area will have a significant impact on pollutant concentrations in a nonattainment area, as of such source's proposed start-up date, permit approval may be granted only if the applicant agrees within its permit application and permit (if approved), to meet the following conditions: 4.1.a. The proposed major stationary source or major modification is required to meet the lowest achievable emission rate (LAER) for such source;4.1.b. The applicant must certify that all existing sources owned or operated by the applicant (or any entity controlling, controlled by, or under common control of the applicant) in West Virginia are in compliance with the CAA and W.Va. Code § 22-5-4, or the applicable regulations, or is in compliance with a compliance program or a court decree which is federally enforceable and enforceable by the Secretary;4.1.e. More than equivalent emission offsets from existing sources in the nonattainment area impacted by the proposed new major stationary source or major modification (whether or not under the same ownership) are required such that there will be reasonable fiarther progress toward attainment of the applicable NAAQS. For sources locating in ozone nonattainment areas, the offset ratios for VOC and NOx must equal or exceed those specified in subsection 2.42. Only intra pollutant emission offsets are acceptable; and4.1.d. The emission offsets will provide a positive net air quality benefit in the affected nonattainment area. Atmospheric simulation modeling for ozone impacts is not necessary for VOC and NOx- Compliance with subdivision 4.1.C and subsection 8.2 will be adequate to meet this condition.4.2. Upon determination by the Secretary that technological or economic limitations on the application of measurement methodology to a particular source or class of sources would make the imposition of an enforceable numerical emission standard infeasible, the applicant may, by petition, request that the Secretary approve an appropriate design, operational or equipment standard. In the event that the applicant's proposed design, operational or equipment standard is unacceptable to the Secretary, the Secretary shall determine an appropriate measurement methodology or design, operational or equipment standard and shall incorporate such determinations and requirements within the permit.4.3. For phased construction projects, the determination of the lowest achievable emission rate shall be reviewed and modified as appropriate at the latest reasonable time which occurs no later than 18 months prior to commencement of construction of each independent phase of the project. At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of the lowest achievable emission rate for the source.4.4. Control Technology Information. -- The Secretary shall, for each new major source and major modification, submit to the Administrator, within 60 days of issuance of the construction permit, all information on the emissions prevention or control technology for the new major source or major modification for the purpose of making such information available through the RACT/BACT/LAER clearinghouse to other states and to the general public.4.5. Rocket Engines or Motors. -- The Secretary may allow a source to offset by alternative or innovative means emission increases from rocket engine and motor firing, and cleaning related to such firing, at an existing or modified source that tests rocket engines or motors under the following conditions: 4.5.a. Any modification proposed is solely for the purpose of expanding the testing of rocket engines or motors at an existing source that was permitted to test such engines as of November 15, 1990;4.5.b. The source demonstrates to the satisfaction of the Secretary that it has used all reasonable means to obtain and utilize offsets, as determined on an annual basis, for the emissions increases beyond allowable levels, that all available offsets are being used, and that sufficient offsets are not available to the source;4.5.c. The source has obtained a written finding from the Department of Defense, Department of Transportation, National Aeronautics and Space Administration or other appropriate Federal agency, that the testing of rocket motors or engines at the facility is required for a program essential to national security; and4.5.d. The source shall comply with an alternative measure, imposed by the Secretary, designed to offset any emission increases beyond permitted levels not directly offset by the source. In lieu of imposing any alternative offset measures, the Secretary may impose any emissions fee which shall be an amount no greater than 1.5 times the average cost of stationary source control measures adopted in that area during the previous three (3) years. The Secretary shall utilize the fees in a manner that maximizes reductions in that area.