W. Va. Code R. § 45-21-50

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

Section 45-21-50 - Disposition of Rule; Severability

50.1. In the event the U.S. EPA's June 12, 2015 "State Implementation Plans: Response to Petition for Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to SIPs; Finding of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown and Malfunction," at 80 Fed. Reg. 33840 (2015 SSM SIP Call) is withdrawn by the U.S. EPA, is invalidated by a court of competent jurisdiction, and/or is invalidated by an act of the West Virginia Legislature or United States Congress, the Secretary may terminate any permit or section of an existing permit issued pursuant to this rule.

50.2. In the event the U.S. EPA's April 17, 2023 "Air Plan Disapproval; West Virginia; Revision to the West Virginia State Implementation Plan To Add the Startup, Shutdown, Maintenance Rule 45CSR1-Alternative Emission Limitations During Startup, Shutdown, and Maintenance Operations," at 88 Fed. Reg. 23356 (45CSR1 2023 Disapproval) is withdrawn by the U.S. EPA, is invalidated by a court of competent jurisdiction, and/or is invalidated by an act of the West Virginia Legislature or United States Congress, the Secretary may terminate any permit or section of an existing permit issued pursuant to this rule.

50.3. In the event the U.S. EPA's April 17, 2023 "West Virginia; Finding of Failure To Submit State Implementation Plan Revision in Response to the 2015 Findings of Substantial Inadequacy and SIP Calls To Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown, and Malfunction," at 88 Fed. Reg. 23353 (2023 FFS) is withdrawn by the U.S. EPA, is invalidated by a court of competent jurisdiction, and/or is invalidated by an act of the West Virginia Legislature or United States Congress, the Secretary may terminate any permit or section of an existing permit issued pursuant to this rule.

50.4. In the event the 2015 SSM SIP Call, 45CSR1 2023 Disapproval, and/or the 2023 FFS is withdrawn by the U.S. EPA, is invalidated by a court of competent jurisdiction, and/or is invalidated by an act of the West Virginia Legislature or United States Congress, the Secretary may sever requirements § 45-21-3.8 and revert to the May 1, 1996 requirements found at § 45-21-9.3.

Table 45-21F. Coefficients of the total resource effectiveness (TRE)index equation
A1. For chlorinated process vent streams, if 0 [LESS THAN EQUAL TO] net heating value (MJ/scm) [LESS THAN EQUAL TO] 3.5:
FL = vent stream flow rate (scm/min)	a	b	c	d	e	f
FL [LESS THAN EQUAL TO] 13.5	48.73	0	0.404	-0.1632	0	0
13.5 < FL [LESS THAN EQUAL TO] 700	42.35	0.624	0.404	-0.1632	0	0.0245
700 < FL [LESS THAN EQUAL TO] 1,400	84.38	0.678	0.404	-0.1632	0	0.0346
1,400 < FL[LESS THAN EQUAL TO] 2,100	126.41	0.712	0.404	-0.1632	0	0.0424
2,100 < FL [LESS THAN EQUAL TO] 2,800	168.44	0.747	0.404	-0.1632	0	0.0490
2,800 < FL [LESS THAN EQUAL TO] 3,500	210.47	0.758	0.404	-0.1632	0	0.0548
A2. For chlorinated process vent streams, if 3.5 < net heating value (MJ/scm):
FL = vent stream flow rate (scm/min)	a	b	c	d	e	f
FL [LESS THAN EQUAL TO] 13.5	47.76	0	-0.292	0	0	0
13.5 < FL [LESS THAN EQUAL TO] 700	41.58	0.605	-0.292	0	0	0.0245
700 < FL [LESS THAN EQUAL TO] 1,400	82.84	0.658	-0.292	0	0	0.0346
1,400 < FL [LESS THAN EQUAL TO] 2,100	123.10	0.691	-0.292	0	0	0.0424
2,100 < FL [LESS THAN EQUAL TO] 2,800	165.36	0.715	-0.292	0	0	0.0490
2,800 < FL [LESS THAN EQUAL TO] 3,500	206.62	0.734	-0.292	0	0	0.0548
B. For nonchlorinated process vent streams, if 0 [LESS THAN EQUAL TO] net heating value (MJ/scm) [LESS THAN EQUAL TO] 0.48:
FL = vent stream flow rate (scm/min)	a	b	c	d	e	f
FL [LESS THAN EQUAL TO] 13.5	19.05	0	0.113	-0.214	0	0
13.5 < FL [LESS THAN EQUAL TO] 1,350	16.61	0.239	0.113	-0.214	0	0.0245
1,350 < FL [LESS THAN EQUAL TO] 2,700	32.91	0.260	0.113	-0.214	0	0.0346
2,700 < FL [LESS THAN EQUAL TO] 3,500	49.21	0.273	0.113	-0.214	0	0.0424
C. For nonchlorinated process vent streams, if 0.48 < net hearing value (MJ/scm) [LESS THAN EQUAL TO] 1.9:
FL = vent stream flow rate (scm/min)	a	b	c	d	e	f
FL [LESS THAN EQUAL TO] 13.5	19.74	0	0.400	-0.202	0	0
13.5 < FL [LESS THAN EQUAL TO] 1,350	18.30	0.138	0.400	-0.202	0	0.0245
1,350 < FL [LESS THAN EQUAL TO] 2,700	36.28	0.150	0.400	-0.202	0	0.0346
2,700 < FL [LESS THAN EQUAL TO] 4,050	54.26	0.158	0.400	-0.202	0	0.0424
D. For nonchlorinated process vent streams, if 1.9 < net heating value (MJ/scm) [LESS THAN EQUAL TO] 3.6:
FL = vent stream flow rate (scm/min)	a	b	c	d	e	f
FL [LESS THAN EQUAL TO] 13.5	15.24	0	0.033	0	0	0
13.5 < FL [LESS THAN EQUAL TO] 1,190	13.63	0.157	0.033	0	0	0.0245
1,190 < FL [LESS THAN EQUAL TO] 2,380	26.95	0.171	0.033	0	0	0.0346
2,380 < FL [LESS THAN EQUAL TO] 3,570	40.27	0.179	0.033	0	0	0.0424
E. For nonchlorinated process vent streams, if 3.6 < net heating value (MJ/scm):
FL = vent stream flow rate (scm/min)	a	b	c	d	e	f
FL [LESS THAN EQUAL TO] 13.5	15.24	0	0	0.0090	0	0
13.5 < FL [LESS THAN EQUAL TO] 1,190	13.63	0	0	0.0090	0.0503	0.0245
1,190 < FL [LESS THAN EQUAL TO] 2,380	26.95	0	0	0.0090	0.0546	0.0346
2,380 < FL [LESS THAN EQUAL TO] 3,570	40.27	0	0	0.0090	0.0573	0.0424

¹ Mention of trade names or specific products does not constitute endorsement by the Secretary.

W. Va. Code R. § 45-21-50