W. Va. Code R. § 45-22-3

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-22-3 - Requirements for Permit to Construct, Modify or Relocate
3.1. For the sources or emission units subject to the permitting requirements of 45CSR13 ("Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Temporary Permits, General Permits, and Procedures for Evaluation"), 45CSR14 ("Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration"), 45CSR19 ("Requirements for Pre-Construction Review, Determination of Emissions Offsets for Proposed, New or Modified Stationary Sources of Air Pollutants and Bubble Concept Trading for Intrasource Pollutants"), and 45CSR15 ("Emission Standards for Hazardous Air Pollutants Pursuant to 40 CFR Part 61"), no person may commence construction, modification or relocation without first filing a completed application and obtaining a permit.
3.2. Applications for permits for construction, modification or relocation shall be submitted in accordance with 45CSR13, 45CSR14, 45CSR19, and 45CSR15, whichever may be applicable.
3.3. Fee payment.
3.3.a. A person applying for a permit to construct, modify or relocate shall pay a fee when submitting the application. The fee shall be paid by a negotiable instrument (check, draft, warrant, money order, etc.) made payable to the "Air Pollution Control Fund". Any application for a permit to construct, modify or relocate shall not be deemed to have been received nor complete unless payment of the application fee is included.
3.3.b. An application fee paid hereunder is not refundable.
3.4. Fee Schedule.
3.4.a. All persons required to submit an application for a permit to construct, modify or relocate pursuant to 45CSR13 shall pay an application fee of one thousand dollars ($1000).
3.4.b. In addition to the fee required in Section 3.4.a. of this rule, all persons subject to PSD requirements (45CSR14), Nonattainment Review/Bubble Concept requirements (45CSR19), NSPS requirements (45CSR16), NESHAPs requirements (45CSR15), or Toxic Air Pollutant requirements (45CSR27 shall pay additional fees as described below:

CategoryFee

NSPS Requirements $1,000

NESHAPs or Toxic Air Pollutant

Requirements $2,500

PSD or Nonattainment Review/

Bubble Concept for

(1) New Major Sources and

Bubble Plans, or $10,000

(2) Major Modifications $5,000
3.4.c. Fees for each category requirement in Section 3.4.b. of this rule are cumulative.

W. Va. Code R. § 45-22-3