W. Va. Code R. § 45-30A-3

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

Section 45-30A-3 - Deferral of Nonmajor and Area Sources

3.1. Pursuant to the authority granted in WVCSR '45-30-3.2, the Director hereby defers from the obligation to obtain a permit under WV 45CSR30 each source that:

3.1.a. Is subject to a standard, limitation or other requirement promulgated under '111 or '112 of the Clean Air Act; and

3.1.b. Is not a major source, an affected source, or a solid waste incineration unit required to obtain a permit pursuant to '129(e) of the Clean Air Act.

3.2. Notwithstanding the provisions of subsection 3.1, the Director may not defer an area source from the obligation to obtain a permit if the source is subject to a standard, limitation or other requirement promulgated after July 21, 1992, and the standard or requirement does not authorize the deferral of the source from the obligation to obtain a permit under Title V of the Clean Air Act.

3.3. Notwithstanding the provisions of subsection 3.1, the Director may not defer a source subject to a standard, limitation or other requirement under 40 CFR Part 60 ('111 of the Clean Air Act) from the obligation to obtain a permit in a manner inconsistent with any specific date or schedule established by such standard or requirement relating to the obligation to obtain a permit under Title V of the Clean Air Act.

3.4. Any sources deferred by the U.S. EPA from the obligation to obtain a Title V permit which are subsequently exempted by U.S. EPA from the requirement to obtain a permit shall not be required to obtain a permit under WV 45CSR30.

W. Va. Code R. § 45-30A-3