W. Va. Code R. § 45-20-3

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-20-3 - Standards
3.1. The degree of emission limits required for control of any air pollutant subject to any rule of the Director shall not be affected in any manner by:
3.1.a. so much of the stack height of any source as exceeds good engineering practice; or
3.1.b. any other dispersion technique.
3.2. Subsection 3.1. of this rule shall not apply with respect to:
3.2.a. any stack in existence before December 31, 1970; or
3.2.b. dispersion techniques implemented on or before December 31, 1970, except where pollutants are being emitted from such stacks or using such dispersion techniques by stationary sources, which were constructed, or reconstructed, or for which major modifications, as defined in 45CSR14 (Prevention of Significant Deterioration), were carried out after December 31, 1970; or
3.2.c. coal fired steam electric generating units subject to the provisions of Section 118 of the Clean Air Act, which commenced operation before July 1, 1957, and whose stacks were constructed under a construction contract awarded before February 8, 1974.
3.3. It is hereby adopted by reference the US EPA Technical Support Documents as referenced at 50 FR 27892 and 27893 (July 8, 1985), beginning on Page 27892, with such requirements applicable to any such sources controlled by this rule.

W. Va. Code R. § 45-20-3