W. Va. Code R. § 45-27-11

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

Section 45-27-11 - Compliance Programs and Schedules

11.1. In the event that a chemical processing unit in existence prior to the adoption of this rule does not meet the requirements of this rule an acceptable program to fully comply with this rule shall be submitted to the Director by July 1, 1991 by the owner or operator. Any compliance program for a chemical processing unit submitted to the Director on or before April 1, 1991 and approved by the Director within a Consent Order on or before June 30, 1991 shall be accepted as and deemed to be a voluntary emission reduction plan. A compliance program may be submitted to the Director for individual chemical processing units or alternatively a single compliance program for all chemical processing units at one plant may be submitted.

11.2. In proposing a BAT plan, the owner or operator must fully document and describe all potentially applicable emissions control measures or technologies and fully justify that any selected control measure providing less emission reduction than the most stringent measures achieved in practice for similar processes is technologically or economically infeasible for application to a particular chemical process unit requiring BAT.

11.3. Upon approval by the Director of a compliance program, the owner or operator of a chemical processing unit or facility is not in violation of this rule so long as the approved or amended compliance program is observed: Provided, that the Director may re-evaluate toxic air pollutant emissions, control technology employed, and risks to public health at the end of a seven (7) year period following completion of each compliance program and may require additional or improved control measures.

11.4. Any compliance programs or Consent Orders that have previously been approved by the Director shall remain in effect unless an emissions control program required by this rule must replace a prior program with more stringent control measures.

11.5. All compliance plans and orders required or approved under this rule shall contain detailed compliance plans with increments of progress, schedules or completion dates and to the extent possible, shall set forth maximum compliance emission rates for controlled sources upon completion of the compliance program.

11.6. In the event that an owner or operator subject to this rule fails to submit an acceptable compliance program by July 31, 1991, the Director shall, by Order, determine the compliance program.

W. Va. Code R. § 45-27-11