Statutes, codes, and regulations
West Virginia Administrative Code
Agency 45 - Air QualityTitle 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY
Series 45-30 - Requirements for Operating Permits
Section 45-30-12 - Authority of the Secretary to Establish Applicable Requirements

W. Va. Code R. § 45-30-12

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Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-30-12 - Authority of the Secretary to Establish Applicable Requirements
12.1. After the effective date of the Title V operating permit program, the Secretary shall determine and apply case-by-case MACT standards to each category contained in the "Initial List of Categories of Sources Under 112(c)(l) of the Clean Air Act Amendments of 1990," 57 Fed. Reg. 31576 (July 16, 1992) for each source category or subcategory for which U.S. EPA fails to timely promulgate a standard in accordance with the requirements of §112(e) of the Clean Air Act.
12.2. [Reserved.]
12.3. After the effective date of the operating permit program, the Secretary shall determine and apply case-by-case MACT standards to construction or reconstruction of any major source of hazardous air pollutants where no applicable emissions limitations have been adopted by the Secretary. Such MACT standards must be equivalent to any applicable standard (if any) promulgated for such sources by U.S. EPA.
12.4. In determining case-by-case MACT standards, the Secretary shall grant reasonable compliance schedules for existing sources, as provided under §112(e) of the Clean Air Act, and shall not require application for MACT under paragraph 4.1.a.4 where a source has met the early reduction requirement of §112(i)(5) of the Clean Air Act.
12.5. The Secretary may accept delegation of authority from U.S. EPA to administer permits issued by U.S. EPA under the provisions of 45CSR33 and Title IV of the Clean Air Act.
12.6. The Secretary may accept delegation of authority to administer permits issued by U.S. EPA under the early reduction program for hazardous air pollutants of §112(i)(5) of the Clean Air Act. Such authority shall include the ability to collect emission-based fees under section 8.
12.7. The Secretary may incorporate any provision into a permit which has been proposed by or agreed to by a permit applicant and which does not conflict with any applicable requirement. All such provisions shall be enforceable after issuance of a final permit.

W. Va. Code R. § 45-30-12