W. Va. Code R. § 45-27-3

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-27-3 - Chemical Processing Units
3.1. Except as provided in Sections 3.2 and 3.3 of this rule, the owner or operator of a plant that discharges or may discharge a toxic air pollutant into the open air in excess of the amount shown in the Table A shall employ BAT at all chemical processing units emitting the toxic air pollutant: Provided, that any source or equipment specifically subject to a federal regulation or standard shall not be required to comply with provisions more stringent than such regulation or standard.
3.2. A BAT program for a plant containing multiple chemical processing units or emission sources may, for each chemical, consider the overall effectiveness of emissions control measures within a unit or the plant. All BAT programs shall fully consider the additive or cumulative health and environmental impacts of multiple pollutant and multiple unit emissions.
3.3. The Director may exempt a chemical processing unit from the BAT requirement if the owner/operator can demonstrate to the satisfaction of the Director that the maximum toxic air pollutant emissions from the source or unit, taking into the consideration all other toxic air pollutant sources at the plant and other sources in the area of the plant, cause insignificant impacts upon public health and the environment. If the Director so exempts a unit from the BAT requirement, the maximum emission rates of toxic air pollutants discharged to the air from the unit shall be set forth as enforceable limitations within the compliance program required or established under Section 11 of this rule.
3.4. All chemical processing units shall be properly instrumented to alert the operator of process upsets, leaks, and other abnormal discharges of toxic air pollutants into the air and the operator shall record all such incidents and the associated emissions estimated from direct measurements of toxic air pollutant concentration and/or calculations using other process measurements.
3.5. The Director may on a case-by-case basis require the installation and proper operation of monitoring devices to continuously or intermittently determine the concentrations or mass emission rates of toxic air pollutants normally or routinely emitted to the air.

W. Va. Code R. § 45-27-3