Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-30-4 - Application for Permits4.1. Duty to apply. -- For each source, the owner or operator shall submit a timely and complete permit application in accordance with this section. 4.1.a. Timely application. 4.1.a.1. An initial permit application is timely if the source submits the application within twelve (12) months after the source becomes subject to this rule.4.1.a.2. Sources required to meet requirements under §112(g) of the Clean Air Act, or to have a permit under the preconstruction review program approved into the State Implementation Plan under Parts C or D of Title I of the Clean Air Act, including 45CSR13, 45CSR14, and 45CSR19 shall file a complete application to obtain the Title V operating permit or permit revision within twelve (12) months after commencing operation. Where an existing Title V operating permit would prohibit such construction or change in operation, the source must obtain a permit revision before commencing operation or the source may apply for a single permit in accordance with all applicable provisions and procedures of this rule and all applicable preconstruction permitting rules.4.1.a.3. A permit renewal application is timely if it is submitted at least six (6) months prior to the date of permit expiration.4.1.a.4. Within eighteen (18) months following the date established by U.S. EPA's failure to timely promulgate a standard in accordance with the requirements of §112(e) of the Clean Air Act, the owner or operator of a major source subject to this paragraph shall file an application for a permit. If the owner or operator of a source has submitted a timely and complete application for a permit required by section 4, any failure to have a permit shall not be a violation of the requirements of this rule, unless the delay in final action is due to the failure of the applicant to timely submit information required or requested by the Secretary to process the application on forms to be made available by the Secretary.4.1.b. Complete application. -- To be deemed complete, an application must provide all information required pursuant to subsection 4.3, except that applications for permit revision need supply such information only if it is related to the proposed change. Information required under subsection 4.3 must be sufficient for the Secretary to evaluate the subject source and its application and to determine all applicable requirements. A responsible official shall certify the submitted information consistent with subsection 4.4. Unless the Secretary determines that an application is not complete within sixty (60) days of receipt of the application, such application shall be deemed to be complete, except in the case of minor permit modifications made pursuant to subsection 6.5. Any application which is timely submitted and subsequently determined to be complete within the initial sixty (60) day completeness review period by the Secretary shall be deemed to be complete on the date that it was filed. If, during processing an application that has been determined or deemed to be complete, the Secretary determines that additional information is necessary to evaluate or take final action on that application, the Secretary may request such information in writing and set a reasonable deadline for a response. The source's ability to operate without a permit, as set forth in subsection 6.2, shall be in effect from the date the application is determined or deemed to be complete until the final permit is issued, provided that the applicant submits any requested additional information by the deadline specified by the Secretary.4.1.c. Confidential information. -- In the case where a source has submitted information to the State under a claim of confidentiality pursuant to W.Va. Code § 22-5-10 and 45CSR31, the Secretary may also require the source to submit a copy of such information directly to the U.S. EPA.4.2. Duty to supplement or correct application. -- Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide additional information as necessary to address any requirements that become applicable to the source after the date it filed a complete application but prior to release of a draft permit.4.3. Standard application form and required information. -- The Secretary shall provide for a standard application form or forms. Information, as described below, for each emissions unit at a source which is not insignificant as defined in subdivision 3.2.d, shall be included in the application, except that a list of insignificant activities or emission units must be included in the application. An application shall contain all information necessary to determine the applicability of, or to impose, any applicable requirement, and to evaluate the fee amount required under section 8. The application forms shall include, but not be limited to, the elements specified below:4.3.a. Identifying information, including company name and address (or plant name and address if different from the company name), owner's name and agent, and telephone number and names of plant site manager/contact.4.3.b. A description of the source's processes and products (by Standard Industrial Classification Code) including those associated with any proposed alternative operating scenario identified by the source.4.3.c. The following emission-related information:4.3.c.1. All emissions of pollutants for which the source is major, and all emissions of regulated air pollutants. A permit application shall describe all emissions of regulated air pollutants emitted from any emissions unit, except where such units qualify as insignificant emission units as defined in subdivision 3.2.d or are exempted under subsection 3.1. In the case of insignificant emission units or activities defined under subdivision 3.2.d, an applicant shall provide information regarding emissions to the extent required under subdivision 3.2.e. The Secretary shall require additional information related to the emissions of air pollutants sufficient to verify which requirements are applicable to the source, and other information necessary to collect any permit fees owed under the fee schedule approved pursuant to section 8.4.3.c.2. Identification and description of all points of emissions described in paragraph 4.3.c.1 in sufficient detail to establish the basis for fees and applicability of requirements of this rule, W.Va. Code § 22-5-1 et seq., and the Clean Air Act.4.3.c.3. Emissions rates in tons per year and in such terms as are necessary to establish compliance consistent with the applicable standard reference test method. For emissions units subject to an annual emissions cap, tons per year can be reported as part of the aggregate emissions associated with the cap, except where more specific information is needed, including where necessary to determine and/or assure compliance with an applicable requirement.4.3.c.4. The following information to the extent it is needed to determine or regulate emissions: fuels, fuel use, raw materials, production rates, and operating schedules.4.3.c.5. Identification and description of air pollution control equipment and compliance monitoring devices or activities.4.3.c.6. Limitations on source operation affecting emissions or any work practice standards, where applicable, for all regulated pollutants at the source.4.3.c.7. Other information required by any applicable requirements (including information related to stack height limitations developed pursuant to §123 of the Clean Air Act and 45CSR20, "Good Engineering Practices as Applicable to Stack Heights"), such as the location of emissions units, flow rates, building dimensions, and stack parameters (including height, diameter, and plume temperature) for all regulated air pollutants.4.3.c.8. Calculations or test data on which the information in paragraphs 4.3.c.1 through 4.3.c.7. above is based.4.3.d. The following air pollution control requirements:4.3.d.1. Citation and description of all applicable requirements;4.3.d.2. Description of or reference to any applicable test method for determining compliance with each applicable requirement; and4.3.d.3. A list of all effective air quality-related permits and orders and a list of all such permit applications which are pending action by the Secretary or U.S. EPA.4.3.e. Other specific information that may be necessary to implement and enforce other requirements of the W.Va. Code §§ 22-5-1, et seq. and 22-18-1, et seq. or the Clean Air Act or to determine the applicability of such requirements.4.3.f. An explanation of any proposed exemptions from otherwise applicable requirements.4.3.g. Additional information as determined to be necessary by the Secretary to define proposed alternative operating scenarios identified by the source pursuant to subdivision 5.1.i or to define permit terms and conditions implementing any alternative operating scenario under subdivision 5.1.i or implementing subsection 5.8 or subdivision 5.1.j, or define alternative equivalent emission limits pursuant to paragraph 5.1.a.3. The permit application shall include documentation demonstrating that the source has obtained all authorization(s) required under the applicable requirements relevant to any proposed alternative operating scenario, or a certification that the source has submitted all relevant materials to the Secretary for obtaining such authorization(s).4.3.h. A compliance plan for all sources that contains all the following:4.3.h.1. A description of the compliance status of the source and a schedule for compliance by the source with respect to all applicable requirements, as follows:4.3.h.1.A. For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements.4.3.h.1.B. For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. A statement that the source will meet in a timely manner applicable requirements that become effective during the permit term shall satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement.4.3.h.1.C. A schedule of compliance, including a narrative description of how the source will achieve compliance, for sources that are not in compliance with all applicable requirements at the time of permit issuance. Such a schedule shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirements for which the source will be in noncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based.4.3.h.1.D. For applicable requirements associated with a proposed alternative operating scenario, a statement that the source will meet such requirements upon implementation of the alternative operating scenario. If a proposed alternative operating scenario would implicate an applicable requirement that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. A statement that the source will meet in a timely manner applicable requirements that become effective during the permit term will satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement.4.3.h.2. A schedule for submission of certified progress reports where applicable no less frequently than every six (6) months. For sources required to have a schedule of compliance to remedy a violation, a more frequent period no greater than once a month as specified by the Secretary.4.3.h.3. The compliance plan content requirements specified in subdivision 4.3.h shall apply and be included in the acid deposition control portion of a compliance plan for an affected source except as specifically superseded by 45CSR33.4.3.i. Requirements for compliance certification, including the following: 4.3.i.1. A certification of compliance with all applicable requirements by a responsible official consistent with subsection 4.4 and §114(a)(3) of the Clean Air Act;4.3.i.2. A statement of methods used for determining compliance, including a description of monitoring, recordkeeping, and reporting requirements and test methods;4.3.i.3. A schedule for submission of compliance certifications during the permit term, to be submitted no less frequently than annually, or more frequently if specified by the underlying applicable requirement or by the Secretary; and4.3.i.4. A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements of the Clean Air Act and the rules of the West Virginia Department of Environmental Protection.4.3.j. The use, where applicable, of nationally standardized forms for Title IV of the Clean Air Act portions of permit applications and compliance plans.4.4. Any application form, report, or compliance certification submitted pursuant to this rule shall contain certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under this rule shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.