W. Va. Code R. § 45-31B-4

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

Section 45-31B-4 - What Information Constitutes Emission Data

4.1. Information or data that is indispensable or essential to determining emissions or location in accordance with subsection 2.3 will be considered emission data and thus non-confidential, unless there is a readily available non-confidential alternative for determining emissions or location. Where there is no readily available non-confidential alternative, the Secretary may approve non - confidential alternatives through the use of aggregation, categorization, surrogate parameters, emissions monitoring or sampling, or parametric monitoring; provided that such use is consistent with applicable rules and standards and results in a practically enforceable method of determining emissions.

4.2. The data elements and types of information listed in Tables 2A through 2D of Appendix A to Subpart A of 40 C.F.R. Part 51, as further defined in the Glossary in such Appendix, will be considered emission data if the information is found to be necessary to determine emissions or location in accordance with subsection 4.1.

4.3. Information in addition to that listed in the Tables referenced in subsection 4.2 will also be deemed emission data if the information is found to be necessary to determine emissions or location in accordance with subsection 4.1.

4.4. The determination as to what information constitutes emission data will be made by the Secretary on a case-by-case basis upon application of the provisions stated in this rule.

W. Va. Code R. § 45-31B-4