W. Va. Code R. § 45-30B-3

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

Section 45-30B-3 - Sources Required To Count Fugitive Emissions In Making Major Source Determinations

3.1. Any source which belongs to a source category regulated by a standard promulgated under '111 or '112 of the Clean Air Act on or before August 7, 1980, including, but not limited to, those source categories listed in subparagraphs A through Z of WV CSR '45-30-2.26.b., shall include fugitive emissions from all quantifiable fugitive emission opera­tions located at the source category, including, but not limited to, all "affected facilities" at the source, in order to determine whether the source is a major source subject to the require­ments of WV 45CSR30.

3.2. The provisions of subparagraph 3.1 apply to a source whether or not the source commenced construction or modification before the applicable date in the regulation promulgated under '111 or '112 of the Clean Air Act.

3.3. In addition to those facilities covered under subparagraphs 3.1 and 3.2, all coal preparation plants as defined under 40 C.F.R. '60.251(a) which process more than 200 tons per day shall count fugitives from all "affect­ed facilities" at the source, i.e., from all ther­mal dryers, pneumatic coal-cleaning equip­ment (air tables), coal processing and convey­ing equipment (including breakers and crush­ers), coal storage systems, and coal transfer and loading systems.

3.4. Fugitive emissions of hazardous air pollutants listed in '112(b) of the Clean Air Act shall be counted in determining whether a source is a major source subject to the require­ments of WV 45CSR30, regardless of whether the source is included in a source category listed pursuant to '112(c) of the Clean Air Act.

3.5. For the purpose of this section, the term "affected facilities" means those facili­ties which are listed or identified as "affected facilities" in the applicable standard promul­gated under '111 or '112 of the Clean Air Act.

W. Va. Code R. § 45-30B-3