W. Va. Code R. § 45-21-5

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

Section 45-21-5 - Compliance Certification, Recordkeeping, and Reporting Requirements for Non-Coating Sources

5.1. Initial compliance certification. -- The owner or operator of any facility containing sources that become subject to this section 5. after May 31, 1993 shall submit an initial compliance certification to the Secretary immediately upon start-up of the facility.

5.1.1. The initial compliance certification shall provide as a minimum the following information:

5.1.1.a. The name and location of the facility;

5.1.1.b. The address and telephone number of the person responsible for the facility; and

5.1.1.c. Identification of subject sources.

5.1.2. For each subject source, the initial compliance certification shall also provide as a minimum:

5.1.2.a. The applicable emission limitation, equipment specification, or work practice;

5.1.2.b. The method of compliance;

5.1.2.c. For each source subject to numerical emission limitations, the estimated emissions without control;

5.1.2.d. The control system(s) in use;

5.1.2.e. The design performance efficiency of the control system;

5.1.2.f. For each source subject to numerical emission limitations, the estimated emissions after control;

5.1.2.g. Certification that all subject sources at the facility are in compliance with the applicable emission limitation, equipment specification, or work practice; and

5.1.2.h. The time at which the facility's "day" begins if a time other than midnight local time is used to define a "day".

5.2. Reports of excess emissions. -- The owner or operator of any facility containing sources subject to this section 5. shall, for each occurrence of excess emissions expected to last more than 7 days, within 1 business day of becoming aware of such occurrence, supply the Secretary by letter with the following information:

5.2.1. The name and location of the facility;

5.2.2. The subject sources that caused the excess emissions;

5.2.3. The time and date of first observation of the excess emissions; and

5.2.4. The cause and expected duration of the excess emissions.

5.2.5. For sources subject to numerical emission limitations, the estimated rate of emissions (expressed in the units of the applicable emission limitation) and the operating data and calculations used in determining the magnitude of the excess emissions; and

5.2.6. The proposed corrective actions and schedule to correct the conditions causing the excess emissions.

5.3. Requirements for sources using control devices.

5.3.1. Initial compliance certification of control equipment. Testing of control equipment. -- Upon startup of a new source, or upon changing the method of compliance for an existing source, the owner or operator of the subject source shall perform all tests pursuant to the procedures in sections 41. and 44. and submit to the Secretary the results of all tests and calculations necessary to demonstrate that the subject source will be in compliance with the applicable section of this regulation on and after the initial startup date.

5.3.2. Recordkeeping.

5.3.2.a. Each owner or operator of a source subject to this section 5. shall maintain up-to-date, readily accessible records of any equipment operating parameters specified to be monitored in the applicable section of this regulation as well as up-to-date, readily accessible records of periods of operation during which the parameter boundaries established during the most recent performance test are exceeded. These records shall be maintained for at least 3 years. The Secretary may at any time require a report of these data. Periods of operation during which the parameter boundaries established during the most recent performance tests are exceeded are defined as follows:

5.3.2.a.1. For thermal incinerators, all 3-hour periods of operation in which the average combustion temperature was more than 28EC (50EF) below the average combustion temperature during the most recent performance test that demonstrated that the facility was in compliance.

5.3.2.a.2. For catalytic incinerators, all 3-hour periods of operation in which the average temperature of the process vent stream immediately before the catalyst bed is more than 28EC (50EF) below the average temperature of the process vent stream during the most recent performance test that demonstrated that the facility was in compliance.

5.3.2.a.3. For carbon adsorbers, all 3-hour periods of operation during which the average VOC concentration or reading of organics in the exhaust gases is more than 20 percent greater than the average exhaust gas concentration or reading measured by the organics monitoring device during the most recent determination of the recovery efficiency of the carbon adsorber that demonstrated that the facility was in compliance.

5.3.2.b. A log of operating time for the capture system, control device, monitoring equipment, and the associated source; and

5.3.2.c. A maintenance log for the capture system, control device, and monitoring equipment detailing all routine and non-routine maintenance performed including dates and duration of any outages.

W. Va. Code R. § 45-21-5