W. Va. Code R. § 45-22-4

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

Section 45-22-4 - Certificate to Operate

4.1. Requirements.

4.1.a. No person may operate nor cause to operate a plant or stationary source of air pollution without first obtaining and having in effect a valid certificate to operate.

4.1.b. Any person in possession of a certificate to operate shall maintain the certificate on the premises for which the certificate has been issued and shall make the certificate immediately available for inspection by the Director or his duly authorized representative.

4.2. Transfer of Operating Certificate.

Any person holding a valid certificate to operate may request that the Director transfer the certificate to another person providing the following conditions are met:

4.2.a. The certificate holder describes, in writing, the reasons for or circumstances of the transfer and certifies that the plant for which the certificate pertains is in compliance with all permits issued by the Director and the Director's emission rules.

4.2.b. The transferee identifies and acknowledges, in writing, that it accepts and will comply with all permits issued by the Director and will comply with all applicable rules of the Director.

4.2.c. The certificate holder or transferee pays, at the time of the request for transfer, a transfer fee of two hundred dollars ($200) payable to the "Air Pollution Control Fund".

4.3. Fee Payment.

A person applying for a certificate to operate shall pay a fee to the Director in accordance with the fee schedule of Sections 4.4. and 4.5. of this rule. The fee shall be paid by negotiable instrument made payable to the "Air Pollution Control Fund".

4.4. Fee Schedule.

4.4.a.Fee

Group 1 $10,000

Integrated Steel Plant

Electric Utility Plant (rated 300 MW or greater)

Group 2 $8,000

Primary Aluminum Plant

Furnace and Foundry Coke

Production Plant

Portland Cement Plant

Kraft Pulp Mill

Group 3 $5,000

Chemical Production Plant with Steam Plant(s) having total design heat input greater than 350 mmBtu/hr

Hazardous Waste Incinerator

Electric Utility Plant (rate less than 300 MW)

Group 4 $4,000

Petroleum Refinery

Ferroalloy Production Plant

Any source containing chemical processing units emitting one or more toxic air pollutants and subject to regulation under 45CSR27 for which a higher operating certificate fee is not applicable

Group 5 $3,000

Chemical Production Plant (three process units or greater)

Primary Metals Plant (not otherwise listed)

Group 6 $2,000

Rocket Fuel Plant

Chemical Production Plant (less than three process units)

Carbon Products Plant (not otherwise listed)

Petroleum Storage and Distribution Facility (greater than 20 million gal/yr gasoline throughput)

Glass Production Plant (total pull rate greater than 6,000 lb/hr)

Commercial/Industrial or Commercial Infectious Waste Disposal Facility

Group 7 $1,000

Nonmetallic Mineral Products Processing Plant (500 ton/hr or greater primary crushing capacity)

Coil, Can or Sheet Coating Facility Coal Preparation Plant with Thermal Dryer

Coal or other Solid Fuel-Fired Boilers or Process Equipment (total design heat input greater than 100 mmBtu/hr, excluding all boilers less than 10 mmBtu/hr design heat input)

Lead, Aluminum or Copper Recovery Plant

Asphalt Building Product Plant

Secondary Metals Plant (not otherwise listed)

Charcoal Plant

Lime Manufacturing Plant

Group 8 $500

Hot Mix Asphalt Paving Plant

Wool Fiberglass Insulation Production Plant

Sewage Sludge Incinerator

Natural Gas Compressor Station (total reciprocating engine capacity greater than 1,000 h.p.)

Natural Gas Compressor Station (total turbine capacity greater than 8,000 h.p.)

Nonmetallic Minerals Processing Plant (primary crushing capacity greater than 100 tons/hr but less than 500 tons/hr)

Sulfuric Acid Manufacturing Plant

Coal or other Solid Fuel-Fired Boilers or Process Fuel Burning Equipment with total design heat input greater than 50 mmBtu/hr but less than 100 mmBtu/hr, excluding all boilers less than 10 mmBtu/hr

Refractory Manufacturing Plant

Metal Reclamation Furnace (wire, electrical equipment, batteries)

Miscellaneous Surface Coating (not otherwise listed and greater than 100 tons/yr maximum emissions of volatile organic compounds)

Coal Preparation Plant (wet washing or pneumatic cleaning not otherwise listed)

Clay Processing/Brick Manufacturing

Group 9 $200

On-site Pathological/Infectious Waste Incinerator

Crematory Incinerator

Other Glass Manufacturing Including Specialty Manufacturing

Plastic Products Recovery Facility

Miscellaneous Surface Coating (not otherwise listed and greater than 25 tons/yr maximum emissions of volatile organic compounds)

Tank Truck and Railroad Tank Car Cleaning/Repair Facility

Metal or Ore Briquet Manufacturing/Recovery Facilities

Gray Iron Foundry

Coal Processing and Handling (not otherwise listed)

Nonmetallic Minerals Processing Plant (primary crusher capacity less than 100 tons/hr)

Natural Gas Sweetening Plant Printing Facility (emitting greater than 150 lbs/day of volatile organic compounds)

All other sources (excluding indirect affected sources) subject to emission rules, permit, and/or registration requirements promulgated by the Director

4.4.b. If a plant or source is described by more than one of the groups in Section 4.4.a. or contains individual emitting facilities listed under more than one of the groups in Section 4.4.a., only the single highest fee shall apply. For each stationary source, no person shall be required to pay more than one fee listed in Section 4.4.a.

4.4.c. A fee paid hereunder is not refundable.

4.5. Operating Year.

4.5.a. A certificate to operate shall be issued for the fiscal period July 1 through June 30 of each year or for any portion of such year remaining upon initial new source start-up.

4.5.b. For those persons making application after July 1 of the current operating year for a certificate to operate in the current operating year, such person shall pay a fee or prorated fee in accordance with the following schedule:

Month% of Fee

July 100 August 100 September 100 October 100 November 100 December 100 January 90

February 80

March 70

April 60

May 50

June 50

4.6. Penalty.

Any person who operates a plant in violation of the requirements of Section 4 of this rule shall be subject to a penalty equal to five percent (5%) of the certificate to operate fee for each month of violation and payable to the Director in addition to the annual certificate fee. This penalty for delinquent payment is separate from and unrelated to any penalties assessed by a court or collected by the Director pursuant to W. Va. Code '22-5-6 for violations of the Code or the Director's rules.

W. Va. Code R. § 45-22-4