W. Va. Code R. § 45-21-40

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

Section 45-21-40 - Other Facilities that Emit Volatile Organic Compound (VOC)

40.1. Applicability.

40.1.1. This section 40. applies to any facility that has aggregate maximum theoretical emissions of 90.7 megagrams (mg) (100 tons) or more of volatile organic compounds (VOCs) per calendar year in the absence of control devices; provided that this section 40. applies to any source or sources within such facility other than those sources subject to regulation under sections 11. through 39. VOC emissions from sources regulated under sections 11. through 39., but which fall below the applicability thresholds of these sections, and thus are not subject to the emissions control standards of these sections, shall be included in the determination of maximum theoretical emissions for a facility but shall not be subject to the requirements of this section 40. Emissions from sources listed in subdivision 40.1.4. shall not be included in the determination of maximum theoretical emissions for a facility.

40.1.2. The owner or operator of a coating line or operation, whose emissions are below this applicability threshold, shall comply with the certification, recordkeeping, and reporting requirements of subdivision 40.6.1.

40.1.3. The owner or operator of a non-coating source, whose emissions are below this applicability threshold, shall comply with the certification, recordkeeping, and reporting requirements of subdivision 40.6.2.

40.1.4. The requirements of this section 40. shall not apply to coke ovens (including by-product recovery plants), fuel combustion sources, barge loading facilities, jet engine test cells, vegetable oil processing facilities, wastewater treatment facilities, iron and steel production, surface impoundments, pits; and boilers, industrial furnaces, and incinerators having a destruction efficiency of 95 percent or greater.

40.1.5. The requirements of this section 40. shall not apply to any facility bound by an order or permit, enforceable by the Secretary, which limits the facility's emissions to less than 100 tons of VOC per calendar year without the application of control devices.

40.2. Definitions. -- As used in this section 40., all terms not defined herein shall have the meaning given them in section 2.

40.2.1. "Reasonably available control measures" (also denoted as RACM) means an emission limit or limits that reflect the application of control technology and/or abatement techniques or measures that are reasonably available, considering technological and economic feasibility. Such emission limits may be considered on a plant-wide basis to achieve emission reduction requirements in the most cost effective manner.

40.2.2. "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

40.3. Standards. -- The owner or operator of a facility subject to this section 40. shall:

40.3.1. Except as provided in subdivision 40.3.2.,

40.3.1.a. With respect to any existing non-fugitive emission source which has maximum theoretical emissions of 6 pounds per hour or more, comply with an emission control plan established on a case-by-case basis approved by the Secretary that meets the definition of reasonably available control measures (RACM) and achieves at least a 90 percent reduction in emissions below the total (aggregate) maximum theoretical emissions from all such non-fugitive emission sources subject to RACM requirements; and

40.3.1.b. With respect to each process unit producing a product or products, intermediate or final, in excess of 1000 megagrams (Mg) (1,100 tons) per year, regardless of whether such product or products are listed in 40 CFR 60.489, comply with an emission control plan for fugitive sources using the methods and criteria of section 37., or alternative methods and criteria approved by the Secretary. The Secretary may exempt a process unit from fugitive emission control requirements upon satisfactory demonstration that emissions are of minor significance.

40.3.2. With respect to such sources as described in paragraphs 40.3.1.a. and 40.3.1.b., comply with emission limits and measures based upon an alternative emissions reduction plan approved by the Secretary considering technical, economic and air quality benefit considerations that, at a minimum, maintains emission control measures incorporated as part of any federally approved maintenance plan for the county or area in which the source is located.

40.3.3. With respect to any source at a facility subject to this section 40., which source has maximum theoretical emissions of 6 pounds per hour or more and is constructed, modified or begins operating after May 1, 1996, comply with a control plan developed on a case-by-case basis approved by the Secretary that meets the definition of reasonably available control technology (RACT) in subsection 2.60. for both fugitive and non-fugitive emission sources.

40.4. Submissions and Approval of Control Plans

40.4.1. The owner or operator of a facility subject to this section 40. shall submit any required amendments to the case-by-case RACT control plans previously submitted to the Secretary, that revise such control plans to meet the definition of reasonably available control measures (RACM).

40.4.2. Reserved.

40.4.3. The Secretary shall not approve a RACM plan or an alternative emissions reduction plan under this section 40. unless such plan includes:

40.4.3.a. A commitment to develop and submit a complete RACT plan to the Secretary within 180 days of a finding by the Secretary that a violation of the National Ambient Air Quality Standard for ozone has occurred within the county or maintenance area in which the source is located; and

40.4.3.b. A commitment to achieving full implementation of RACT within 2 years of approval of the RACT plan by the Secretary.

40.4.4. A finding by the Secretary that a violation of the National Ambient Air Quality Standard for ozone has occurred shall be made based upon verification of a monitored ozone standard violation in the county or maintenance area in which the source is located. The three maintenance areas (the Huntington area, comprising Cabell and Wayne counties; the Charleston area, comprising Kanawha and Putnam counties; and the Parkersburg area, comprising Wood county) shall be treated separately and independently for any such finding(s).

40.4.5. All RACM control plans, RACT control plans, and alternative emissions reduction plans approved by the Secretary pursuant to this section 40. shall be embodied in a consent order or permit in accordance with 45CSR13 or 45CSR30, as required. A facility owner or operator may at any time petition the Secretary to approve revisions to these plans. The decision concerning said petition shall be issued by the Secretary in accordance with 45CSR13 or 45CSR30, as required, or a consent order. Any such revisions shall be subject to the public participation requirements of 45CSR13 or 45CSR30.

40.4.6. The owner or operator of a facility subject to this section 40. may submit for approval by the Secretary an emission control plan that meets the definition of reasonably available control technology (RACT) in subsection 2.60.

40.5. Test methods and procedures. -- The owner or operator of any source subject to this section 40. shall demonstrate compliance with subsection 40.3. by using the applicable test methods specified in sections 41. through 46. or by other means approved by the Secretary. Notwithstanding the requirements of subsection 41.1., EPA approval for alternate test methods to demonstrate compliance shall not be required for sources which are subject solely to emission control requirements specified in subsection 40.3.

40.6. Reporting and Recordkeeping Requirements for Exempt Non-Control Technique Guideline (CTG) Sources.

40.6.1. An owner or operator of a coating line or operation that is exempt from the emission limitations in subsection 40.3. shall comply with the certification, recordkeeping, and reporting requirements in subsection 4.2.

40.6.2. An owner or operator of a non-coating source that is exempt from the emission limitations in subsection 40.3. shall submit, upon request by the Secretary, records that document that the source is exempt from these requirements.

40.6.2.a. These records shall be submitted to the Secretary within 30 days from the date of request.

40.6.2.b. If such records are not made available, the source will be considered subject to the limits in subsection 40.3.

40.7. Reporting and Recordkeeping Requirements for Subject Non-CTG Coating Sources. -- An owner or operator of a coating line or operation subject to this section 40. and complying with subsection 40.3. shall comply with the certification, recordkeeping, and reporting requirements in section 4.

40.8. Reporting and Recordkeeping Requirements for Subject Non-CTG, Non-Coating Sources.

40.8.1. The owner or operator of the subject VOC sources shall perform all testing and maintain the results of all tests and calculations required under subsections 40.3. and 40.5. to demonstrate that the subject source is in compliance.

40.8.2. The owner or operator of the subject VOC source shall maintain these records in a readily accessible location for a minimum of 3 years, and shall make these records available to the Secretary upon verbal or written request.

40.8.3. The owner or operator of any facility containing sources subject to this section 40. shall comply with the requirements in section 5. except that such requirements, as they apply to sources solely subject to this section 40., may be modified by the Secretary upon petition by the owner or operator. Any such modified requirements shall be embodied in the facility's control plan (RACM, RACT or alternative plan) and reflected in the associated consent order or permit issued pursuant to 45CSR13 or 45CSR30.

W. Va. Code R. § 45-21-40