U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 297
Air Pollution Regulations in State
Implementation Plans: West Virginia
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
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United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
PB 290297
EPA-450/3-78-098
August 1978
Air
Pollution Regulations
in State Implementation
Plans:
West Virginia
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD. VA 22161
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TECHNICAL REPORT DATA
(Please read /attractions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-098
4. Tl Tl t AND SUHTI1 I t.
Air Pollution Regulations in State Implementation i
Plans: West Virginia
3. RECIPIENT'S ACCESSION-NO.
.PA^JI.O. .^4 7..
(i. REPOHr I1ATF
AuG.Mit .1978.
6. PE~RFO~RMING ORGANIZATION coot
7. AD I'MOH(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
12. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
13. TYPE OF REPORT AND PERIOD COVERED
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1,1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
5. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b.IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
19. SECURITY CLASS (This Report/
Unclassified
20. SECURITY CLASS (Thispage)
Unclassi
21.
22. PRICE
/HF
P>&\
EPA Form 2220-1 (9-73)
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EPA-450/3-78-098
Air Pollution Regulations
in State Implementation Plans
West Virginia
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
'•'PI
-------
This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-098
11
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have.been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1377 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
in
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
Submi ttal Date
11/14/73
6/17/74
11/8/74
3/16/76
Of
EPA - APPROVED REGULATION CHANGES
Approval Date
8/28/74
11/10/75
11/10/75
11/19/76
Descri ption
Regulation X
Regulation XIII
Regulation II
and VII
Regulation VIII
(Delete 3.01(a))
Section Number
52.2524
52.2528
FEDERAL
Description
Federal Compliance Schedule
Regulation for Prevention of
Significant Deterioration
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VI
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VII
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TABLE OF CONTENTS
Revised Stan-
dard Subject
Index
(51.5)
(1.0)
(50.1.2)
(50.1.1)
(50.1)
(51.5)
(3.0)
(3.0)
(13.0)
(9.0)
(6.0)
(5.0)
(2.0)
(51.8)
(i.o)
(50.1.2)
STATE
Regulation-
Section
Number
Regulation II
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Regulation III
Section 1
Section 2
REGULATIONS
Title
To Prevent and Control Parti -
culate Air Pollution From Com-
bustion of Fuel in Indirect
Heat Exchanges
Definitions
Emissions of Smoke and/or
Particulate Matter Prohibited
and Standards of Measurement
Weight Emission Standards
Control of Fugitive Parti-
culate Matter
Registration
Permits
Reports and Testing
Compliance Programs and
Schedules '
Variance
Exceptions
To Prevent and Control Air
Pollution From the Operation
of Hot Mix Asphalt Plants
Definitions
Emission of Smoke Prohibit
Page
Number
1
1
3
5
7
8
8
9
10
11
11
12
12
13
ted and Standards of Measure-
ment
VIM
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Revised Stan-
dard Subject
Index
(50.1)
(51.5)
(3.0)
(3.0)
(13.0)
(9.0)
(5.0)
(2.0)
(51.2)
(1.0)
(50.1.2)
(51.2)
(51.2)
(51.2)
(3.0)
(3.0)
(13.0)
(9,0)
(5.0)
Regulation-
Section
Number
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Regulation V
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Title
Control and Prohibition of
Particulate Emission
Registration
Permits
Reports
Variance
Effective Date
To Prevent and Control Air
Pollution From the Operation
of Coal Preparation Plants and
Coal Handling Operations
Definitions
Emission of Smoke Prohibited
and Standards of Measurement
Control and Prohibition of
Particulate Emissions From
Coal Thermal Drying Opera-
tions of a Coal Preparation
Plant
Control and Prohibitions of
Particulate
Emissions From an Air Table
Operation of a Coal Prepara-
tion Plant
Registration
Permits
Reports and Testing
Variance
Page
Number
14
15
15
16
16
17
18
18
20
20
22
22
23
23
24
24
IX
-------
Revised Stan-
dard Subject
Index
(2.0)
(51.9)
(2.0)
d.o)
(51.13)
(51.9)
(3.0)
(51.9)
(13.0)
(9.0)
(5.0)
(2.0)
(51.21)
(1.0)
(50.1.2)
(50.1.1)
(50.1)
(3.0)
Regulation-
Section
Number
Section 10
Regulation VI
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Regulation VII
Section 1
Section 2
Section 3
Section 4
Section 5
Page
Title Number
Effective Date 25
To Prevent and Control Air 26
Pollution From Combustion
of Refuse
Intent and Purpose 26
Definitions 26
Open Burning Prohibited 28
Emission Standards for 29
Incinerators and Incinera-
tion
Registration 30
New INcinerator Plan Review 31
Reports and Testing . 31
Variances 32
Effective Date 32
To Prevent and Control Parti- 33
culate Air Pollution From
Manufacturing Process Opera-
tions
Definitions 33
Emission of Smoke Prohibited 36
and Standards of Measurements
Control and Prohibition 37
of Particu.late Emissions
by Weight From Manufacturing
Process Source Operations
Control of Fugitive Parti- 42
late Matter
Registration 43
-------
Revised Stan-
dard Subject
Index
(13.0)
(9.0)
(6.0)
(5.0)
(2.0)
(2.0)
(4.1)
(4.2)
(2.0)
(1.0)
(4.1)
(4.2)
(9.0)
(2.0)
(4.4)
(4.5)
(4.6)
(2.0)
(i.o)
(4.4)
(4.5)
(4.6)
(9.0)
(2.0)
Regulation-
Section
Number
Section 6
Section 7
Section 8
Section 9
Section 10
Regulation VIII
Section 1
Section 2
Section 3
Section 4
Section 6
Regulation IX
Section 1
Section 2
Section 3
Section 4
Section 5
Page
Title Number
Reports and Testing 43
Compliance Programs and 44
Schedules
.Variance 44
Exemptions 44
Effective Date 44
Ambient Air Quality Stan- 45
dards For Sulfur Oxides
and Particulate Matter
Anti-Degradation Policy 45
Definitions 45
Ambient Air Quality Stan- 46
dards
Methods of Measurement 47
Effective Date 47
Ambient Air Quality Stan- 48
dards For Carbon Monoxide,
Non-Methane Hydrocarbons and
Photochemical Oxidants
Anti-Degradation Policy 48
Definitions 48
Ambient Air Quality Stan- 49
dards
Methods of Measurement 50
Effective Date 50
XI
-------
Revised Stan-
dard Subject
Index
(50.2)
Regulation-
Section
Number
Regulation X
(2.0) Section 1
(1.0) Section 2
(51.6) Section 3
(3.0)
(3.0)
(13.0)
(9.0)
(6.0)
(5.0)
(2.0)
(2.0)
(8.0)
(2.0)
(i.o)
(8.0)
(9.0)
(8.0)
(8.0)
(8.0)
(16.0)
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Regulation XI
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Page
Title Number
To Prevent and Control Air 51
Pollution From the Emission
Sulfur Oxides
Intent and Purpose 51
Definitions 51
Sulfur Dioxide Weight Emis- 54
sions Standards for Fuel
Burning Units
Registration 57
Permits 58
Reports and Testing 58
Compliance Programs and 59
Schedules
Variance 59
Exemptions and Recommendations 60
Effective Date 61
Prevention of Air Pollution 62
Emergency Episodes
Intent and Purpose 62
Definitions 62
Episode Criteria 64
Methods of Measurement 68
Preplanned Reduciton Strategies 69
Emission Reduction Strategies 70
Air Pollution Emergencies; 80
Contents of Order; Hearings;
Appeals.
XII
-------
Revised Stan-
dard Subject
Index
(2.0)
(4.3)
(2.0)
(1.0)
(4.3)
(9.0)
(2.0)
(3.0)
(2.0)
(1.0)
(3.0)
(13.0)
(3.0)
(13.0)
Regulation-
Section
Number
Section 8
Regulation XII
Section I
Section 2
Section 3
Section 4
Section 5
Regulation XIII
Section 1
Section 2
Section 3
Section 4
(6.0)
Section 5
Page
Title Number
Effective Date 81
Ambient Air Quality Stan- 82
dard For Nitrogen Dioxide
Anti-Degradation Policy 82
Definitions 82
Ambient Air Quality Standard 83
Methods of Measurement 83
Effective Date 83
Permits For Construction, 84
Modification, or Relocation
of Stationary Sources of Air
Pollutants and Procedures
For Registration and Evalu-
ation
Intent and Purpose 84
Definitons 84
Registration and Report 88
Requirements For Direct
Affected Sources on which
Construction, Modification
or Relocation Commenced Prior
To the Effective Date of this
Regulation.
Permit Application and Report 89
Requirements for Direct and/or
Indirect Affected Sources on
which Construcion, Modification
or Relocation is Commenced After
the Effecive Date of this Regu-
lation.
Determination of Compliance of 90
Direct Affected Sources with
Commission Rules and Regulations
XIII
-------
Revised Stan-
dard Subject
Index
(14.0)
(14.0)
Regulation-
Section
Number
Section 6
Section 7
(14.0)
(3.0)
(2.0)
(2.0)
Section 8
Section 9
Section 10
Section 11
Page
Title Number
Public Review Procedures for 91
Direct Affected Sources
Public Review Procedures For 91
Indirect Affected Sources
Public Meetings 92
Permit Transfer, Cancellation, 92
and Responsibility
Conflict with Other Rules 93
or Regulations
Effective Date 93
FEDERALLY PROMULGATED REGULATIONS
Revised Stan-
dard Subject
Index
(6.0)
(17.0)
Section
Number
52.2524
52.2528
Title
Federal Compliance Schedule
Prevention of Significant
Deterioration
Page
Number
95
100
XIV
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(51.5) REGULATION II
TO PREVENT AND CONTROL PARTICULATE AIR POLLUTION
FROM COMBUSTION OF FUEL IN INDIRECT HEAT EXCHANGERS
(1.0) Section 1. Definitions.
1.01. "Air Pollution", 'statutory air pollution', shall have the
meaning ascribed to it in Section Two of Chapter Sixteen,
Article Twenty of the Code of West Virginia, as amended.
1.02. "Air Pollutants" shall mean solids, liquids, or gases
which, if discharged into the air, may result in a
statutory air pollution.
1.03. "Commission" shall mean the West Virginia Air Pollution
Control Commission.
1.04. "Director" shall mean the Director of the West Virginia
Air Pollution Control Commission.
1.05. "Person" shall mean any and all persons, natural or
artificial, including any municipal, public or private
corporation organized or existing under the laws of this
or any other state or county, and any firm, partnership,
or association of whatever nature.
l.|06. "Fuel Burning Unit" shall mean and include any furnace,
boiler apparatus, device, mechanism, stack, or structure
used in the process of burning fuel or other combustible
material for the primary purpose of producing heat or
power by indirect heat transfer. For the purposes of this
regulation, all fuel burning units are classified in the
following categories:
(a) Type 'a' shall mean any fuel burning unit which has
as its primary purpose the generation of steam or
other vapor to produce electric power for sale*
(b) Type 'b1 shall mean any fuel burning unit not class-
ified as a Type 'a' of Type 'c1 unit such as in-
dustrial pulverized fuel-fired furnaces, cyclone
furnaces, gas-fired and liquid-fuel-fired units.
(c) Type 'c' shall mean any hand-fired or stoker-fired
fuel burning unit not classified as a Type 'a' unit.
1.07. "Similar Unit(s)" shall mean all Type 'a1, or all Type 'b',
or all Type 'c1 fuel burning units located at one plant.
-1-
-------
1.08. "Fuel" shall, mean any form of combustible matter (solid,
liquid, vapor, or gas) that is used as a source of heat.
1.09. "Particulate Matter" shall mean any material except
uncombined water that exists in a finely divided form
as a liquid or solid.
1.10. "Smoke" shall mean small gasborne and airborne particulate
matter arising from a process of combustion in sufficient
number to be visible.
1.11. "Ringelmann Smoke Chart" shall be the Ringelmann's Scale
for Grading the Density of Smoke published by the U.S.
Bureau of Mines, or any chart, recorder, indicator, or
device which is a standardized method for the measurement
of smoke density which is approved by the Commission as
the equivalent of said Ringelmann's Scale.
1.12. "Plant" shall mean and include all fuel burning units,
source operations, equipment, and grounds utilized in
an integral complex.
1.13. "Fugitive Particulate Matter" shall mean any and all
particulate matter generated by any operation involving
or associated with the combustion of fuel in fuel burning
units which, if not confined, would be emitted directly
into the open air from points other than a stack outlet.
1.14. "Fugitive Particulate Matter Control System" shall mean
any equipment of method used to confine, collect, or
dispose of fugitive particulate matter, including, but
not limited to, hoods, bins, duct work, fans, and air
pollution control equipment.
1.15. "Air Pollution Control Equipment" shall mean any equipment
used for collecting or confining particulate matter for
the purpose of preventing or reducing the emission of
air pollutant into the open air.
1.16. "Stack", for the purposed of this regulation, shall mean,
but not be limited to, any duct, control equipment exhaust,
or similar apparatus, which vents gases and/or particulate
matter into the open air.
1.17. "Kanawha Valley Air Basin" shall mean that area starting
at the junction of the Gauley and New Rivers and
terminating at the center of the Winfield Locks and
extending a distance of three (3) statute miles, measured
horizontally, with no reference to terrain, on each side
of the center line of the Kanawha River.
-2-
-------
(50.1.2) Section 2.
Emissions of Smoke and/or Particulate Matter
Prohibited and Standards of Measurement.
2.01. Visible Emission Requirements for Fuel Burning Units Not
Meeting the Requirements of Section 3, Weight Emission
Standards.
No person shall cause, suffer, allow, or permit emission
of smoke into the open air from any fuel burning unit
which is in excess of the Rlngelmann limitations
specified in the following tables for the designated
areas and time periods:
(a) From March 15, 1972, until September 1, 1972,
smoke which is as dark as or darker than:
Areas of
State
Kanawha Valley
Air Basin
All Other
Installation Date of
Fuel Burning Unit
Before April 4, 1966
After April 4, 1966
Ringelmann Limita-
tion? on Fuel Burn-
ing Units
2
i
NO LIMITATIONS
(b) From September 1, 1972, until June 30, 1975, smoke
which is as dark as or darker than:
Areas of
State
All
Ringelmann Limitation
Burning Units
of Fuel
1
(c) After June 30, 1975, smoke which is darker than:
Areas of
State
All
Ringelmann Limitation
Burning Units
of Fuel
0.5
-3-
-------
2.02 The provisions of Sub-Section 2.01 of this section shall
not apply to smoke emitted during the cleaning of a fire
box or soot blowing the shade or appearance of which is
less than the Ringelmann number specified in the following
table, for a period or periods aggregating no more than
eight (8) minutes per fuel burning unit in any eight (8)
hour period:
Sub-Sections
2.01 (a)
2.01 (b) and (c)
Ringelmann Number
3
2
2.03. Visible Emission Requirements for Fuel Burning Units
that Meet the Requirements of Section 3, Weight Emission
Standards.
No person shall cause, suffer, allow, or permit emission
of smoke into the open air from any fuel burning unit
which is darker in shade or appearance than 0.5 Ringelmann
or tern (10) percent opacity.
2.04. The provisions of Sub-Section 2.02 shall not apply to
smoke emitted during the cleaning of a fire box or soot
blowing the shade or appearance of which is less than
No. 1 Ringlemann or twenty (20) percent opacity for a
period or periods aggregating no more than eight (8)
minutes per fuel burning unit for any eight (8)-hour
period.
2.05. Realizing that with present technology the provisions of
this section may, in some cases, be too restrictive
to be applied to the building of a new fire in a fuel
burning unit, the Commission may, upon specific application
by the owner and/or operator of a fuel burning unit(s),
grant exemptions to these provision. However, in no case
shall these exemptions exceed the limitations set forth
in the following table:
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Type of Fuel
Burning Unit
Exemptions Allowed For No More Than
Two (2) Hours Per Start-Up Operation
Shall Not be as Dark or Darker in Shade
or Appearance as:
Type 'a1 and Type 'b1
Type 'c'
No. 2 Ringelmann
(1) For forty-five (45) minutes
No. 3 Ringelmann
(2) For the remaining seventy-
five minutes No. 2 Ringelmann
(50.1.1) Section 3
3.01.
If such an exemption to the provisions of this section is
desired, an application in writing shall be made to the
Director. From time to time the Commission shall review
such exemptions to determine if they are still warranted.
If the Commission revises or terminates an exemption the
owner and/or operator fo the affected fuel burning unit(s)
shall be notified by certified mail. Such revisions or
terminations shall not become effective for at least
ninety (90) days after the receipt of notification by
the owner and/or operator.
Weight Emission Standards
(a) No person shall cause, suffer, allow, or permit
the discharge of particulate matter into the open
air from all fuel burning units located at one
plant, measured in terms of pounds per hour in excess
of the amount determined as follows:
(1) For Type 'a1 fuel fuming units, the product
of 0.05 and the total design heat inputs for
such units in million British Thermal Units
(B.T.U.'s) per hour, provided however that
no more than 1200 pounds per hour of particulate
matter shall be discharge into the open air
from all such units;
(2) For Type 'b' fuel burning units, the product
of 0.09 and the total design heat inputs for
such units in million B.T.U.'s per hour,
provided however that no more than 600 pounds
per hour of particulate matter shall be
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discharged into the open air from all such units;
and
(3) For Type 'c' fuel burning units, in excess of
the values listed in the following table,
provided however that no more than 300 pounds
per hour of particulate matter shall be
discharged into the open air from all such units.
Table for Type 'c1 Units
Total Design Heat Input for all
Type 'c1 Fuel Burning Units
Located at One Plant in Millions
of B.T.U.'s Per Hour
10
20
40
60
80
100
200
400
600
3,333
Total Allowable Parti c-
ulate Matter Emission
Rate for All Type 'c'
Fuel Burning Units
Located at One Plant in
Pounds Per Hour
3.4
5.6
9.0
11.7
14.4
16.6
26.4
42.2
54.0
300.0
For values between any two corresponding
consecutive values listed in this table,
linear interpolation is to be used for both
columns.
(b) Subject to the provisions of this regulation, allowable
emission rates for individual stacks shall be determined
by the owner and/or operator and registered with the
Commission at the request of, and on forms provided
by, the Director. Such rates shall be subject to
review and approval by the Director.
The approved set of individual stack allowable
emission rates shall become an official part of
the compliance schedule and/or any permits concerning
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such source(s), and shall not be changed without
the prior written approval of the Director.
(c) If the number of similar fuel burning units located
at one plant, each of which is meeting the require-
ments of this regulation, is expanded by the addition
of a new unit(s), the total allowable emission
rate for the new unit(s) shall be determined by
the following formula. However, the maximum
allowable emission rates given in Sub-Section 3.01(a)
are not to be exceeded:
R
c
R
ct
Hct
H
c
Where,
Rc is the total allowable emission rate in pounds
per hour for the new fuel burning unit(s);
is the total design heat input in million B.T.U.'s
per hour of the existing and new similar units;
Ret is the total allowable emission rate in pounds
per hour corresponding to Hct;
HC is the total design heat input in million B.T.U.'s
per hour for the new fuel Burning unit(s).
3.02. Addition of Sulfur Oxides to Combustion Unit Exit
Gas Stream.
No person shall cause, suffer, allow, or permit the
addition of sulfur oxides to a combustion unit exit gas
stream for the purpose of improving control equipment
efficiency. Such action shall constitute a violation of
this regulation.
3.03. The provision of Sub-Section 3.02 of this section shall
not apply to combustion units in operation on the effective
date of this regulation, September 1, 1974. •
(50.1) Section 4. Control of Fugitive Particulate Matter.
(51.5)
4.01. No person shall cause, suffer, allow, or permit any
source of fugitive particulate matter to operate that
is not equipped with a fugitive particulate matter control
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system. This system shall be operated and maintained
in such a manner as to minimize the emission of fugitive
particulate matter. Sources of fugitive particulate
matter associated with fuel burning units shall include,
but not be limited to, the following:
(a) Stockpiling of ash or fuel either in the open or in
enclosures such as silos;
(b) Transport of ash in vehicles or on conveying systems,
to include spillage, tracking, or blowing of
particulate matter from or by such vehicles or
equipment; and
(c) Ash or fuel handling systems and ash disposal areas.
(3.0) Section 5. Registration.
5.01. Within thirty (30) days after the effective date of '
this regulation all persons owning and/or operating
existing fuel burning units not previously registered
shall have registered such units with the Commission.
The information required for registration shall be
determined and provided in the manner specified by the
Director. Registration forms should be requested from
the Director by the owner and/or operator of fuel
burning unit(s) subject to the provisions of this section.
5.02. The owner and/or operator of fuel burning units that are
under construction or on which construction is initiated
within thirty (30) days after the effective date of this
regulation shall register such fuel burning units within
this thirty (30) day period.
(3.0) Section 6. Permits.
6.01. After the effective date of this regulation, no person
shall construct or modify any fuel burning unit without
first obtaining a permit for such construction or
modification. Applications for permits shall be made
upon forms available from the Director and shall be filed
no less than ninety (90) days prior to the construction
or modification. These forms shall include such information
as in the judgment of the Director will enable him to
determine whether such source(s) will be so designed
as to operate in conformance with the provisions of this
regulation and the Code of West Virginia, and will not
cause or contribute to the violation of Secondary Air
Quality Standards. Within ninety (90) days of the receipt
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of an application the Director shall issue or deny such
permit in accordance with the provisions of Section 2
of Chapter 16, Article 20, Paragraph lib of the Code of
West Virginia, as amended.
(13.0) Section 7. Reports and Testing.
(9.0)
7.01. At such reasonable times as the Director may designate,
the owner or operator of any fuel burning unit(s) may
be required to conduct or have conducted tests to
determine the compliance of such unit(s) with the emission
limitations of Section 3. The Director, or his duly
authorized representatve, may at his option witness or
conduct such tests. Should the Director exercise his
option to conduct such tests, the operator will provide
all the necessary sampling connections and sampling ports
to be located in such manner as the Director may require,
power for test equipment, and the required safety
equipment such as scaffolding, railings, and ladders to
comply with generally accepted good safety practices.
Within a reasonable tolerance, the individual samples
for such emission tests shall be extracted isokinetically,
with the probe and filter media maintained at, or about,
stack temperatures. Individual measurements shall be
made at each of the various extraction points throughout
the sampling plane in a manner that yields a composite
sample and a distribution of measurements which are
representative of the total stack gas flow and pollutant
concentrations during the test.
The primary particulate sample collector shall be a
preconditioned, fiberglass mat filter, certified as being
at least ninety-nine (99) percent efficient in collecting
0.3 micron OOP (Dioctyl Phthalate) smoke, or a filter or
equivalent properties and efficiency. The filter used
shall be pre-weighed to at least one-tenth (0.1) of a
milligram.
The total sample weight shall include both the particulate
collected by the filter and the particulate obtained
by appropriate cleaning of all devices preceding this
filter in the sampling train. The total sample weight
shall be determined to the nearest one-tenth (0.1) of a
milligram.
Sufficient information on temperatures, velocities, pressures,
weights, and dimensional values shall be reported
to the Director, with such necessary commentary as he may
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require to allow an accurate evaluation of the reported
test results and the conditions under which they were
obtained.
7.02. The Director, or his duly authorized representative,
may conduct such other tests as he may deem necessary
to evaluate air pollution emissions other than those
noted in Sub-Section 3.01.
7.03. The operators of fuel burning units shall submit data
on operating schedules and the quality of fuel used in
such units. Such data shall be reported in the manner i
the Director may specify, and will include, but not
necessarily be limited to, information such as the number
of start-ups, the quantity of fuel burned, and the ash,
sulfur, moisture, volatile matter, and B.T.U. content.
7.04. Within a reasonable time prior to the start-up of a fuel
burning unit(s), the owner and/or operator of such
unit(s) shall notify the Director of the proposed start-up.
If such prior notification is not practicable (e.g., if
emergency conditions require prompt action, or if the
requirement for the start-up and the start-up itself
must necessarily occur, in time, outside the Commission's
normal working hours) notification should be made within
a reasonable time thereafter.
7.05. The Commission may publish, and from time to time revise,
detailed test procedures and reporting instructions
implementing the provisions of this section.
(6.0) Section 8. Compliance Programs and Schedules.
8.01 In the event that a fuel burning unit(s) in existence
prior to the adoption of this regulation does not meet
the emission limitations, an acceptable program to fully
comply with the regulation shall be developed and offered
to the Commission by the person responsible for the plant.
This program shall be submitted upon the request of, and
within such time as shall be fixed by, the Commission.
Once this program has been approved by the Commission,
the owner and/or operator of such installation shall
not be in violation of this regulation so long as the
approved or amended program is observed. Compliance
programs, schedules, and variances that have previously
been issued by the Commission under Regulation II (1966)
shall remain in effect until the expiration date of that
compliance program, schedule, or variance.
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8.02. In the event that an owner or operator of such a fuel
burning unit(s) fails to submit a program or an
acceptable program and schedule, the Commission shall,
by order, determine the compliance program and schedule.
(5.0) Section 9. Variance.
9.01. Due to unavoidable malfunction of equipment, emissions
exceeding those provided for in this regulation may be
permitted by the Director for periods not to exceed ten (10)
days upon specific application to the Director. Sutfh
application shall be made within twenty-four (24) hours of
the malfunction. In cases of major equipment failure,
additional time periods may be granted by the Commission
provided a corrective program has been submitted by the
owner or operator and approved by the Cimmission.
9.02. For the purpose of preventing possible equipment damage
during the start-up of a fuel burning unit(s), emissions
exceeding those provided for in this regulation may be
permitted by the Director for periods not to exceed
twenty-four (24) hours, upon specific application to the
Director no less than twenty-four (24) hours prior to the
start-up operation.
(2.0) Section 10. Exemptions.
10.01. All fuel burning units having a heat input under ten (10)
million B.T.U.'s per hour will be exempt from Sections 3
through 8. However, failure to attain acceptable air
quality in parts of some urban areas may require the
mandatory control of these sources at a later date.
(2.0) Section 11. Effective Date.
Regulation II (1974) shall become effective September 1, 1973,
and shall supersede Regulation II (1972) which was adopted by
the West Virginia Air Pollution Control Commission of the 26th
day of January, 1972, and became effective March 15, 1972, and
was filed with the Secretary of State January 31, 1972.
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(51.8) REGULATION III
TO PREVENT AND CONTROL AIR POLLUTION FROM THE
OPERATION OF HOT MIX ASPHALT PLANTS.
(1.0) Section 1. Definitions.
,1.01. "Air Pollution", 'statutory air pollution' shall have the
meaning ascribed to it in Section Two of Chapter Sixteen,
Article Twenty of the Code of West Virginia, as amended.
1.02. "Commission" shall mean the West Virginia Air Pollution
Control Commission.
1.03. "Person" shall mean any and all persons, natural or artifi-
cial, including any municipal, public or private corporation
organized or existing under the law of this or any other
state or county and any firm, partnership, or association
of whatever nature.
1.04. "Fuel Burning Equipment" shall mean and include any
chamber, apparatus, device, mechanism, stack or structure
used in the process of burning fuel or other combustible
material for the primary purpose of producing heat for
direct heat transfer as applied to an asphaltic hot mix
plant excluding internal combustion engines.
1.05. "Fuel" shall mean a fuel such as gas or liquid fuel which
is fired in fuel burning equipment. When solid fuels
are substituted for or used in conjuction with either of
the above fuels, the same regulation will apply.
1.06. "Plant" shall mean an 'asphaltic hot mix plant' which
shall mean and include all the equipment utilized in the
manufacture of asphaltic hot mix concrete, such as burner,
drier, elevators, screens, mixer, weighing equipment, bins,
air pollution control equipment, etc.
1.07. "Air Pollution Control Equipment" is defined as:
(a) Primary collection - That equipment such as cyclones
or multicyclones incorporated for the collection of
fine particulate material generated and emitted
principally from the drying operation and from
which all collected material may or may not be
reinjected into the main aggregate flow.
(b) Secondary collection - That equipment such as
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multicyclones, scrubbers, bag filters, and elec-
trostatic precipitators incorporated for the collection
of that particulate material not collected by the
primary collection equipment and from which such
collected material may or may not be reinjected
into the main aggregate flow.
1.08. "Smoke" shall mean small gasborne and airborne particles
arising from a process of combustion in sufficient numbers
to be visible.
1.09. "Ringelmann Smoke Chart" shall be the Ringelniann's Scale
for Grading the Density of Smoke published by the U. S.
Bureau of Mines as information circular 7718, August, 1955,
or any chart, recorder, indicator, or device which is a
standardized method for the measurement of smoke density
which is approved by the Commission as the equivalent of
said Ringelmann Scale.
1.10. "New Equipment" shall mean all asphaltic hot mix plants
installed after the effective date of this regulation.
1.11. "Fugitive Dust" shall mean any and all particulate matter
generated by the operation of an asphalt mix plant which,
if not confined, would be emitted directly to the atmosphere
from points other than the stack outlet.
1.12. "Fugitive Dust Control System" shall mean any equipment
or method used to confine, collect, and dispose of fugitive
dust, including hoods, bins, duct work, fans, air pollution
control equipment, etc.
Other words and phrases used in this Regulation, unless
otherwise indicated, shall have the meaning ascribed to
them in Section Two of Chapter Sixteen, Article Twenty
of the Code of West Virginia, 1931, as amended.
(50.1.2) Section 2. Emission of Smoke Prohibited and Standards of
Measurement.
2.01. No person shall cause, suffer, allow or permit emission
of smoke into the open air from any fuel burning equipment
which is as dark or darker in shade or appearance as
that designated as No. 1 on the Ringelmann Smoke Chart.
2.02. The provisions of Sub-Section 2.01 of this Section shall
not apply to smoke emitted during the starting operation
the shade or appearance of which is less than No.3 of
the Ringelmann Smoke Chart for a period or periods
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aggregating no more than 4 minutes per start-up.
2.03. The equivalent opacity of those Ringelmann numbers in
Sub-Section 2.01 and Sub-Section 2.02 of this Section
shall be used as a guide in the enforcement of Section 3
of this Regulation.
(50.1) Section 3. Control and Prohibition of Particulate Emission
(51.5)
1 3.01. No person shall cause, suffer, allow or permit particulate
emission from a plant into the open air in excess of the
quantity as listed in the following table:
Aggregate Process Rate Stack Emission Rate
Pounds Per Hour Pounds Per Hour
10,000 10
20,000 16
30,000 22
40,000 28
50,000 31
100,000 33
200,000 37
300,000 40
400,000 43
500,000 47
600,000 & above 50
I For a process weight between any two consecutive process
weights stated in this table, the emission limitation
shall be determined by interpolation.
3.02. In the case of more than one stack to a hot mix asphalt
plant, the emission limitation of Sub-Section 3.01 of
this Section will be based on the total emission from all
stacks.
3.03. No person shall cause, suffer, allow or permit a plant to
operate that is not equipped with a fugitive dust control
system, This system shall be operated and maintained in
such a manner as to prevent the emission of particulate
material from any point other than the stack outlet.
3.04. The owner or operator of the plant shall maintain dust
control of the plant premises and plant owned, leased,
or controlled access roads by paving, oil treatment, or
other suitable measures. Good operating practices shall
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be observed in relation to stockpiling, screen changing,
and general maintenance to prevent dust generation
and atmospheric entrainment. Good operating practices,
including water spraying or other suitable measures,
shall be employed to minimize dust generation and
atmospheric entrainment when hot bins are pulled.
(3.0) Section 4. Registration.
4.01. Within thirty (30) days after the effective date of this
regulation, all persons operating asphalt mix plants
within the state shall have registered with the Commission
on forms to be made available by the Commission, the name
of the person, company or corporation operating the plant,
the address, location, county, ownership (lessee & lessor),
the principal officer of the company, and any other such
reasonable information as the Commission may require
including by not necessarily limited to capacity of the
plant, type of fuel used, plant operating schedule,
description of rotary drier, height and size of stack and
description of dust control equipment.
4.02. When such plants are modified by changes in burner design,
heating fuel, fan capacity, drier design, air pollution
control equipment, or like changes which significantly
effect the emission characteristics of the plants then
they shall be re-registered with the Commission defining
those changes within thirty (30) days after being placed
in operation.
(3.0) Section 5. Permits.
5.01. Plants in existence on the effective date of this
regulation will be granted a temporary operating permit.
These permits will be valid for as long as the Commission
shall designate. When control programs are completed
that meet the requirements of this regulation, these
temporary permits will be replaced with annual operating
permits.
5.02. Plants in existence on the effective date of this regulation
will be granted an operating permit provided they meet
and maintain the requirements as set forth in this
regulation. Thses permits will be valid for one calendar
year and must be renewed annually. Any plant failing to
maintain these requirements shall, at the discretion of
Commission, have their operating permit revoked.
5.03. When permits are revoked, the Commission will consider
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(13.0)
( 9.0)
(5.0)
reissuing permits when such changes as necessary to
meet the requirements of this regulation are made by
the owner or operator of the plants.
5.04. Ten (10) days prior to the operation of a new or relocated
plant, application must be made to the Commission for a
permit. Such application shall be made oh forms to be.
made available by the Commission and in the manner acceptable
to the Commission. Plants that meet the requirements of
of this regulation will be issued an annual permit for
operation by the Commission.
5.05. Plants operating without a permit will be in violation
of this regulation.
Section 6.
6.01. When the Commission has reason to believe that the
provisions of this regulation are being violated, the owner
of the plant shall permit the Commission to conduct such
stack tests as necessary to determine the dust loading
in the exhaust gases. The operator will provide all
the sampling connections and sampling ports to be located
in such manner as the Commission may require, power for
test equipment and the required safety equipment such as
the necessary scaffolding, railings, ladders, ect., to
comply with generally accepted good safety practices.
6.02. At such time as the Commission may request, the operator
of the plant will submit data on type, sizing, and quantity
of the aggregate used and the hours of operation.
Section 7. Variance.
7.01. Where plants in existence prior to the adoption of this
regulation do not meet the particulate matter emission i
limitations shall be developed and offered to the
Commission by the person owning the plant causing the
emission. This control program shall be submitted upon .
the request of and within such time as shall be fixed
by the Commission, and after said program has been
approved by the Commission, the owner or operator of
the equipment causing the emission shall not be in vidlation
of this regulation so long as the program is observed.
7.02. Due to unavoidable malfunctions of equipment, emissions
exceeding those provided for in this regulation may be
permitted by the Commission for periods not to exceed 2
days upon specific application to the Commission. Such
application shall be made within 24 hours of the. malfunction
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or within such other time period as the Commission may
specify. When parts are not available for repair the
Commission may grant an extension of time for a period
longer than 2 days, but not to exceed 10 days.
(2.0) Section 8. Effective Date.
Regulation III shall become effective October 1, 1966.
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(51.2) REGULATION V
TO PREVENT AND CONTROL AIR POLLUTION FROM THE OPERATION
OF COAL PREPARATION PLANTS AND COAL HANDLING OPERATIONS.
(1.0) Section 1. Definitions.
1.01. "Air Pollution", "statutory air pollution' shall have the
meaning ascribed to it in Chapter Sixteen, Article Twenty,
Section Two of the Code of West Virginia, as amended.
1.02. "Commission" shall mean the West Virginia Air Pollution
Control Commission.
1.03. "Person" shall mean any and all persons, natural or
artificial, including any municipal, public or private
corporation organized or existing under the law of this
or any other state or county and any firm, partnership,
or association of whatever nature.
1.04. "Handling Operation" shall mean and include but not be
limited to all coal grinding, crushing, picking, screening,
conveying, storing, and stockpiling operations associated
with the transport, production, or preparation of coal or
coal refuse, excluding coal washing, drying, or air
separation operations.
1.05. "Coal Preparation" shall mean and include but not be
limited to all coal washing, drying or air separation
operations used for the purpose of preparing the product
for marketing.
1.06. "Plant" shall mean and include all equipment and grounds
utilized in an integral complex for coal preparation and
associated handling.
1.07. "Fuel" shall mean a fuel such as a solid, gase9us or
liquid fuel which is fired in fuel burning equipment.
1.08. "Fuel Burning Equipment" shall mean and include any
chamber, apparatus, device, mechanism, stack or structure
used in the process of burning fuel for the primary purpose
of reducing the moisture content of coal.
1.09. "Thermal Drier" shall mean a device using fuel burning
equipment for the primary purpose of reducing the moisture
content of coal.
1.10. "Air Table" shall mean a device using a gaseous separating
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media for the primary purpose of improving the product
quality.
1.11. "Air Pollution Control Equipment" shall mean any equipment
used for collecting gasborne particulate matter for the
purpose of preventing or reducing particulate emissions
into the open air.
1.12. "Standard Cubic Foot" - One cubic foot of dry gas, measured
at standard conditions of 60°F and 29.92 inches of mercury
column.
1.13. "Stack" - For the purpose of this Regulation shall mean
but not be limited to any duct, control equipment exhaust,
or similar apparatus, which vents gases containing particulate
matter into the open air.
1.14. "Particulate Matter" shall mean any material except uncombined
water, that exists in a finely divided form as a liquid or
solid.
1.15. "Smoke" shall mean small gasborne and airborne particles
emitted from a stack in sufficient numbers to be visible.
1.16. "Ringelmann Smoke Chart" - Shall be the Ringelmann's Scale
for Grading the Density of Smoke published by the U. S.
Bureau of Mines as information circular 7718, August, 1955,
or any chart, recorder, indicator, device, or method which
is a standardized method for the measurement of smoke density
which is approved by the Commission as the equivalent of
said Ringelmann Scale.
1.17. "Fugitive Dust" shall mean any and all particulate matter
generated, which, if not confined, would be emitted
directly into the open air from points other than a stack
outlet.
1.18. "Fugitive Dust Control System" shall mean any equipment
or method used to confine, collect, and dispose of fugitive
dust, including but not limited to hoods, bins, duct work,
fans, and air pollution control equipment.
Other words and phrased used in this Regulation, unless
otherwise indicated, shall have the meaning ascribed to
them in Chapter Sixteen, Article Twenty, Section Two of
Code of West Virginia, 1931, as amended.
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(50.1.2) Section 2. Emission of Smoke Prohibited and Standards of
Measurement.
2.01. No person shall cause, suffer, allow or permit emission
of smoke into the open air from any stack which is as
dark or darker in shade or appearance as that designated
as No. 1 on the Ringelmann Smoke Chart.
2.02. The provisions of Sub-Section 2.01 of this Section shall
not apply to smoke, the shade or appearance of which is
less than No. 3 on the Ringelmann Smoke Chart for a period
or periods aggregating no more than 5 minutes in any
60-minute period during operation.
2.03. The provisions of Sub-Section 2.01 and 2.02 of this Section
shall not apply to smoke, the shade or appearance of
which is less than No. 3 on the Ringelmann Smoke Chart
for a period of up to 8 minutes in any operating day for
the purposes of building a fire of operating quality
in the fuel burning equipment of a thermal drier.
2.04. The equivalent opacity of those Ringelmann numbers in
Sub-Section 2.01 and Sub-Section 2.02 of this Section
shall be used as a guide in the enforcement of Section 3
and Section 4 of this Regulation.
2.05. No person shall cause, suffer, allow or permit emission
of smoke into the open air from any fugitive dust control
system which is as dark or darker in shade or appearance
as that designated as No.l on the Ringelmann Smoke Chart
or the equivalent opacity of this Ringlemann number.
(51.2) Section 3. Control and Prohibition of Particulate Emissions From
Coal Thermal Drying Operations of a Coal Preparation
Plant.!
i
No person shall cause, suffer, allow or permit particulate matter
to be vented into the open air from any thermal drier exhaust in
excess of the following limitations:
3.01. Until September 2, 1971, thermal driers installed on or
before March 1, 1970, shall not emit more than 0.15 grains
of particulate matter per standard cubic foot of exhaust
gas.
3.02. After September 1, 1971, thermal driers installed on or before
March 1, 1970, shall not exceed the emission limitations of
following table:
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Total Plant Volumetric Maximum Allowable
Flow Rate Particulate Loading Per Drier
(Standard Cubic Feet Per (Grains Per Standard Cubic Foot)
Minute)
120,000 or less 0.12
172,000 0.11
245,000 0.10
351,000 0.09
500,000 & above 0.08
3.03. Thermal driers installed after March 1, 1970, shall not exceed
the emission limitations of the following table:
Total Plant Volumetric Maximum Allowable
Flow Rate Particulate Loading Per Drier
(Standard Cubic Feet Per (Grains Per Standard Cubic Foot)
Minute)
75,000 or less 0.10
111,000 0.09
163,000 0.08
240,000 & above 0.07
3.04. For the volumetric flow rate between any two consecutive vol-
umetr'ic flow rates stated in Sub-Section 3.02 and Sub-Section
3.03, limitations shall be as determined by linear interpola-
tion. For the purpose hereof, the total volumetric flow rate
shall be the total standard cubic feet of dry gas passed
through all thermal driers at one plant location. This value
shall be determined by methods which are acceptable to the
Commission.
3.05. When modifications are made to plants after March 1, 1970,
that result in a significant increase in the total gas volume
passing through a thermal drier, said drier(s) will be subject
to the emission limitations of Sub-Section 3.03 even though
such modifications do not include the installation of a new
thermal drier(s).
3.06. No person shall circumvent this Regulation by adding additional
gas to any drier exhaust or group of drier exhausts for the
purpose of reducing the grain loading.
3.07. No person shall cause, suffer, allow or permit the exhaust
gases from a thermal drier to be vented into the open air at
an altitude of less than 80 feet above the foundation grade
of the structure containing the drier or less than 10 feet
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3.08.
(51.2) Section 4.
4.01.
4.02.
4.03.
(51.2) Section 5.
5.01.
5.02.
above the top of said structure or any adjacent structure,
whichever is greater.
In determining the desirable height of the above stack,
due consideration shall be given to the local topography,
meteorology, the location of nearby dwellings and public
roads, and the stack emission rate.
Any stack venting thermal drier exhaust gases into the open
air shall contain flow straightening devices or a vertical
run of sufficient length to establish flow patterns consistent
with acceptable stack sampling procedures.
Control and Prohibitions of Particulate Emissions From
an Air Table Operation of a Coal Preparation Plant.
No person shall cause, suffer, allow or permit particulate
matter to be vented into the open air from any air table
exhaust in excess of 0.05 grains per standard cubic foot
of exhaust gases.
No person shall circumvent this Regulation by adding additional
gas to any air table exhaust or group of air table exhausts
for the purpose of reducing the grain loading.
Any stack venting air table exhaust gases into the open air
shall contain flow straightening devices or a vertical run
of sufficient length to establish flow patterns consistent
with acceptable stack sampling procedures.
Control and Prohibitions of Fugitive Dust Emissions From
Coal Handling Operations and Preparation Plants.
No person shall cause, suffer, allow or permit a plant or
handling operation to operate that is not equipped with a
fugitive dust control system. This system shall be operated
and maintained in such a manner as to minimize the emission
of particulate matter into the open air.
The owner or operator of the plant or handling operation shall
maintain dust control of the premises and owned, leased, or
controlled access roads by paving, or other suitable measures.
Good operating practices shall be observed in relation to
stockpiling, car loading, breaking, screening, and general
maintenance to minimize dust generation and atmospheric
entrainment.
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(3,0) Section 6. Registration.
6.01. Within thirty (30) days after the effective date of this
Regulation, all persons owning and/or operating coal
preparation plants within the State shall have registered
with the Commission on forms to be made available by the
Commission, the name of the person, company or corporation
operating the plant, the address, location, county, ownef-
ship (lessee & lessor), the principal officer of the company,
and any other such reasonable information as the Commission
may require, including, but not necessarily limited to,
capacity of the plant, type of fuel used, plant operating
schedule, description and capacities of thermal driers
and air tables, height and size of stacks and air pollution
control equipment.
6.02. Persons operating registered plants which are to be modified
by changes in fuel burning equipment, fuel, fan capacity,
drier design, air pollution control equipment, air tables,
stacks or like changes which could significantly affect the
emission characteristics of the plants shall file with
the Commission those proposed changes not less than thirty
(30) days before such changes are made.
6.03. Within thirty (30) days after the completion of the mod-
ifications as filed under Sub-Section 6.02, the operator
shall register such changes with the Commission of forms to
be made available by the Commission.
6.04. Not later than sixty (60) days prior to operation, new plants
shall be registered by the owner and/or operator of such
plants. Such registration shall be made on forms to be
made available by the Commission and will include the name
of the person, company, or ownership (lessee & lessor), the
principal officer of the company, and any other such reason-
able information as the Commission may require including, but
not necessarily limited to, data on the capacity of the plant,
type of fuel to be used, description and capacities of
thermal driers and air tables, height and size of stacks
and description of air pollution control equipment.
(3.0) Section 7. Permits.
7.01. Plants in existence on the effective date of this Regulation
will be granted temporary operating permits subject to
compliance with Sub-Section 6.01. These permits will be
valid for as long as the Commission shall designate. When
it is determined by theCommission that a plant meets the
requirements of the Regulation, the temporary permit will
be replaced with an operating permit.
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13.0
9.0
(5.0)
7.02. Any plant failing to maintain the requirements of this
Regulation shall, at the discretion of the Commission, have
the permit revoked.
7.03. When permits are revoked, the Commission will reissue
permits when such changes as necessary to meet the requirements
of this Regulation are made.
7.04. New plants will be granted temporary operating permits
provided they comply with Sub-Section 6.04.
7.05. Subject to the provisions of Sub-Section 6.01, plants
operating without a permit will be in violation of this
Regulation.
7.06. The possession of a permit by any person shall in no way
relieve the holder thereof of his obligation to comply with
the provision of this Regulation.
Section 8. Reports and Testing.
8.01. At such reasonable time as the Director may designate, the
operator of a coal preparation plant may be required to
conduct or have conducted stack tests to determine the dust
loading in exhaust gases when the Director has reason to
believe that the stack emission limitation is being violated.
Such tests shall be conducted in such manner as the Director
may specify and be filed on forms, and in a manner, acceptable
to the Director. The Director, or his duly authorized
representative, may at his option witness or conduct such
stack tests. Should the Director exercise his option to con-
duct such tests, the operator will provide all the necessary
sampling connections and sampling ports to be located in such
manner as the Director may require, power for test equipment,
and the required safety equipment, such as scaffolding,.
railings, ladders, etc., to comply with generally accepted
good safety practices.
^.02. The Director, or his duly authorized representative, may con-
duct such other tests as he may deem necessary to evaluate
air pollution emissions other than those noted in Sub-Section
8.01.
Section 9. Variance.
9.01. If a plant operating under a temporary permit does not meet
the requirements of this Regulation, the operator of this plant
shall develop and submit to the Commission an acceptable .
control program to meet these requirements. This control
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program shall be submitted upon the request of and within
such time as shall be fixed by the Commission, and after
said program has been approved by the Commission, the owner
or operator of the plant will not be in violation of this
Regulation as long as said program is observed.
9.02. Due to unavoidable malfunctions of equipment or non-
availability of repair parts, emissions exceeding those
provided for in this Regulation may be permitted by the
Commission upon specific application to the Commission.
, Such application shall be made within 24 hours of the
malfunction within such other oeriod as the Commission
may specify.
(2.0) Section 10. Effective Date.
Regulation V shall become effective September 1, 1968.
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(51.9)
REGULATION VI
TO PREVENT AND CONTROL AIR POLLUTION FROM
COMBUSTION OF REFUSE.
(2.0)
(1.0)
Section 1. Intent and Purpose. :
1.0.1. Neither compliance with the provisions of this Regulation
nor the absence of specific language to cover particular
situations constitutes approval or implies consent or
condonement of any emission which is released in any
locality in such manner or amount as to cause or contribute
to undesirable levels of air contaminants. Neither does
it exempt nor excuse anyone from complying with other
applicable laws, ordinances, regulations or orders of
governmental entities having jurisdiction.
1.02. All persons engaged in any form of combustion of refuse
shall give careful consideration to the effects of the
resultant emissions on the air quality of the area(s)
affected by such burning. Important considerations include
but are not limited to the location and time of burning,
the type of material being burned and the potential
emissions and the prevailing meteorological conditions.
Persons failing to give due consideration to these
factors will be in violation of this Regulation.
1.03. It is the intent of the Commission that all incorporated
areas and other local governmental entities prohibit open
burning and develop alternative methods for disposal of
waste material. If such action is not taken in any air
basin, air quality control region or other such areas as
the Commission may designate, then such action may be
taken by the Commission to insure compliance with air,
quality standards.
Section 2. Definitions.
2.01. "Air Pollution", 'statutory air pollution' shall have the
meaning ascribed to it in Chapter Sixteen, Article Twenty,
Section Two of the Code of West Virginia, as amended.
2.02. "Commission" shall mean the West Virginia Air Pollution
Control Commission.
2.03. "Person" shall mean any and all persons, natural or
artificial, including any municipal, public or private
corporation organized or existing under the law of this
.or any other state or county, and any firm, partnership
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or association of whatever nature.
2.04. "Participate Matter" shall mean any material, except
uncombined water, that exists in a finely divided form
as a liquid or solid.
2.05. "Smoke" shall mean small gasborne and airborne particles
emitted as the result of the combustion of refuse in
sufficient numbers to be visible.
2.06. "Ringelmann Smoke Chart" shall mean the Ringelmann's
Scale for Grading the Density of Smoke, published by the
U. S. Bureau of Mines, or any chart, recorder, indicator,
device or method which is a standardized method for the
measurement of smoke density and is approved by the
Commission as the equivalent of said Ringelmann Chart.
2.07. "Air Pollution Control Equipment" shall mean any equipment
used for collecting or converting gasborne particulate
or gaseous materials for the purpose of preventing or
reducing emission of these materials into the open air.
2.08. "Incineration" shall mean the destruction of combustible
refuse by burning in a furnace designed for that purpose.
For the purposes of this Regulation, the destruction of
any combustible liquid or gaseous material by burning
in a flare/flare stack shall be considered incineration.
2.09. "Incinerator" shall mean any device used to accomplish
incineration.
2.10. "Flare", 'flare stack' shall mean and include a combustion
source normally comprised of but not limited to a length
of stack or pipe which has an attached burner mechanism
designed to destroy liquid or gaseous material with an
open or semi-enclosed flame.
2.11. "Open Burning" shall mean the combustion of refuse
whereby the gaseous products of combustion are not conveyed
through man-made means from one point to another and
are discharged directly to the open air.
2.12. "Refuse" shall mean the useless and/or unwanted or
discarded solid, liquid and/or gaseous waste materials
resulting .from community, commercial, industrial or citizen
activities.
2.13. "Construction and Demolition Wastes" shall mean combustible
waste building materials and rubble resulting from
construction, remodeling, repair and demolition operations
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on houses, commercial buildings, pavements and other
structures.
2.14. "Incinerator Capacity" shall be the manufacturer's or
designer's guaranteed maximum charging rate or such
other rate as may be determined by the Director in
accordance with good engineering practices. In case of
conflict the determination by the Director shall govern.
For the Purposes of this Regulation the total of the
capacities of all furnaces within one system shall be
considered as the "incinerator capacity".
Other words and phrases used in this Regulation, unless
otherwise indicated, shall have the meaning ascribed to
them in Chapter Sixteen, Article Twenty, Section Two of
the Code of West Virginia, 1931, as amended.
(51.13) Section 3. Open Burning Prohibited.
3.01. General Provisions
The open burning of refuse for the purpose of volume
reduction, elimination or product recovery by any person,
firm, corporation, association or public agency is prohibited
except for the following exemptions: I
(a) Vegetation grown on the premises of a home or farm,
provided that there is compliance with the provisions
of Sub-Section 1.02, and the health, safety, comfort
and property of persons are protected from the effects
of such burning.
(b) Fires set for the purpose of bona fide instruction and
training of public and industrial employees in the
methods of fighting fires, provided that approval
to conduct such burning is received from the Director
or his duly authorized representative. i
(c) Open burning of construction and demolition wastes,
provided that all the following conditions are met:
(1) There is no practical alternate method for
the disposal of the material to be burned;
(2) The health, safety, comfort and property of
persons are protected from the effects of such
burning;
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3.02.
(51.9) Section 4.
4.01.
(3) Such burning shall not be conducted for salvage
purposes; and,
(4) In non-rural areas approval to conduct such
burning is received from the Director or his
authorized representative.
(d) Backyard open burning for the reduction of refuse
produced on the premises as long as the amount does
not exceed that weight normally produced by the everyday
living habits of one (1) family, until such families
are serviced by a municipal or private refuse collection
service.
The exemptions listed in Sub-Section 3.01 are subject
to the following stipulation:
Upon notification by the Director, no person shall cause,
suffer, allow or permit any form of open burning during
existing or predicted periods of atmospheric stagnation.
Notification shall be made by such means as the Director
may deem necessary and feasible.
Emission Standards for Incinerators and Incineration
Unless authorized by the Commission, no person shall
cause, suffer, allow or permit particulate matter to
be discharged from an incinerator into the open air in excess
of the quantity determined by use of the following formula:
Emission (lb/hr)=F x Incinerator Capacity (tons/hr)
where the Factor, F, is as indicated in Table I below:
Table I: Factor, F, for Determining Maximum Allowable
Particulate Emissions
Incinerator Capacity
A.
B.
C.
200 Ibs/hr or less
More than 200 Ibs/hr but
less than 15,000 Ibs/hr
15,000 Ibs/hr or greater
F Factor
8.25
5.43
2.72
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4.02. Emission of Visible Participate Matter
i
No person shall cause, suffer, allow or permit emission
of smoke into the atmosphere from any incinerator Which
is as dark or darker in shade or appearance that that
designated as No.l on the Ringelmann Smoke Chart or the
equivalent opacity of this Ringelmann number.
4.03. The provisions of Sub-Section 4.02 shall not apply to
smoke, the shade or appearance of which is less than
No. 2 on the Ringelmann Smoke Chart or the equivalent opacity
of this Ringelmann number, for a period or periods
aggregating no more than eight (8) minutes per start-up,
or six (6) minutes in any 60-minute period for stoking
operations.
4.04. No person shall cause, suffer, allow or permit the
emission of particles of unburned or partially burned
refuse or ash from any incinerator which are large
enough to be individually distinguished in the ooen air.
4.05. Incinerators, including all associated equipment and
grounds, shall be designed, operated and maintained so
as to prevent the emission of objectionable odors.
4.06. Incineration of Residues and Hazardous Materials
Persons responsible for the incineration of hazardous
materials such as insecticides, empty insecticide con-
tainers, toxic materials, certain chemical residues,
explosives, used bandages and other medical wastes,
pathological wastes, human and animal remains and other
materials shall give the utmost care and consideration
to the potential harmful effects of the emissions resulting
from such activities. Evaluation of these facilities
as to adequacy, efficiency and emission potential will be
made on an individual basis by the Commission, working
in conjunction with other appropriate governmental
agencies.
(3.0) 'Section 5. Registration.
5.01. Registration of Existing Incinerators
Within sixty (60) days after the effective date of this
Regulation, all persons owning, operating or constructing
incinerators within the State shall register with the
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Commission on forms to be made available by the Commission.
The Director may require any such reasonable information
as he may specify.
5.02. Registration of New Incinerators
New incinerators shall be considered duly registered when
the owner and/or operator thereof has received from the
Director written approval of the plans and specifications.
submitted, pursuant to the requirements of Section 6.
5.03. Registration of Incinerator Modifications
When incinerators are to be modified by changes in charging
method, auxiliary fuel, air pollution control equipment or
like changes which significantly affect the emission
characteristics of the incinerator, such proposed changes
shall be registered with the Commission no later than
thirty (30) days prior to their being made.
(51.9) Section 6. New Incinerator Plan Review.
Plans and specifications for proposed incinerators are to be
submitted to the Director at least sixty (60) days prior to (
construction for review and approval. These plans and speci-
fications shall include any such reasonable information as
the Director may specify.
(13.0) Section 7. Reports and Testing.
( 9.0)
7.01. At such reasonable times as the Director may designate,
the operator of an incinerator may be required to conduct
or have conducted stack tests to determine the dust
loading in exhaust gases, when the Director has reason to
believe that the stack emission limitation is being violated.
Such tests shall be conducted in such manner as the Director
may specify and be filed on forms and in a manner
acceptable to the Director. The Director, or his duly
authorized representative, may at his option witness
or conduct such stack tests. Should the Director
exercise his option to conduct such tests, the operator
will provide all the necessary sampling connections
and sampling ports to be located in such manner as the
Director may require, power for test equipment and the
required safety equipment such as scaffolding, railings
and ladders to comply with generally accepted good safety
practices.
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(5.0)
7.02. The Director, or his duly authorized representatives,
may conduct such other tests as he may deem necessary
to evaluate air pollution emissions other than those
noted above.
Variances.
Section 8.
8.01.
(2.0)
If it can be demonstrated to the Commission that the
disposal of certain materials by any method other than
burning leans to ground water contamination, then the
person responsible for the disposal fo such materials shall
submit to the Commission within sixty (60) days a
program leading to the construction of a suitable
incinerator. If such program is accepted by the Commission,
the person shall not be in violation as long as the
program is observed.
8.02. Due to unavoidable malfunctions of equipment and/or
non-availability of repair parts, emissions exceeding
those provided for in this Regulation may be permitted
by the Director. Application for such variance shall be .
made within 24 hours of the malfunction or within,such
time period as the Director may specify. These variances
shall be valid for such time periods as the Director may
specify.
8.03. Control Program Variance
The owner or operator of an incinerator or an open
burning operation in existence on the effective date of this
Regulation that does not meet the Regulation requirements
shall submit a control program to the Commission. This
program shall be submitted upon the request of and
within such time as shall be fixed by the Commission, and
after said program has been approved by the Comnission,
the owner or operator of such incinerator or open burning
operation shall not be in violation of this Regulation
so long as the program is observed.
Section 9.
Effective Date.
Regulation VI shall become effective September 1, 1969.
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(5l'.21) REGULATION VII
TO PREVENT AND CONTROL PARTICULATE AIR POLLUTION
FROM MANUFACTURING PROCESS OPERATIONS
(1.0) Section 1. Definitions.
1.01. "Air Pollution," 'statutory air pollution1 shall have the
meaning ascribed to it in Section Two of Chapter Sixteen,
Article Twenty of the Code of West Virginia, as amended.
1.02. "Commission" shall mean the Uest Virginia Air Pollution
Control Commission.
1.03. "Director" shall mean the director of the West Virginia
Air Pollution Control Commission.
1.04. "Person" shall mean any and all persons, natural or
artificial, including any municipal, public or private
corporation organized or existing under the law of this
or any other state or county and any firm, partnership,
or association of whatever nature.
1.05. "Particulate Matter" shall mean any material, except
uncombined water, that exists in a finely divided form
as a liquid or solid.
1.06. "Smoke" shall mean small gasborne and airborne partic-
ulate matter emitted from a stack or other aperture in
sufficient numbers to be visible.
1.07. "Ringelmann Smoke Chart" shall be the Ringelmann's Scale
for Grading the Density of Smoke published by the U. S.
Bureau of Mines or any chart, recorder, indicator, or device
which is a standardized method for the measurement of smoke
density which is approved by the Commission as the
equivalent of said Ringelmann Scale.
1.08. "Fugitive Particulate Matter" shall mean any and all
particulate matter generated by any manufacturing process
which, if not confined, would be emitted directly into the
open air from points other than a stack outlet.
1.09. "Fugitive Particulate Matter Control System" shall mean
any equipment or method used to confine, collect, and
dispose of fugitive particulate matter, including, but not
limited to, hoods, bins, duct work, fans and air pollution
control equipment.
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1.10. "Fuel" shall mean any form of combustible matter (solid,
liquid, vapor, or gas) that is used as a source of heat.
1.11. "Air Pollution Control Equipment" shall mean any equipment
used for collecting or converting smoke and/or
particulate matter for the purpose of preventing or
reducing emission of these materials into the open air.
1.12. "Standard Condition" shall mean for the purposes of this
regulation a temperature of 60 degrees F and a pressure
of 29.92 inches of mercury column.
1.13. "Stack," for the purpose of this regulation, shall mean
but not be limited to any duct, control equipment exhaust,
or similar apparatus, which is designed to vent gases
containing particulate matter into the open air.
1.14. "Plant" shall mean and include all equipment, grounds,
source operations, and any manufacturing process(es)
utilized in an integral complex.
1.15. "Manufacturing Process" shall mean any action, operation
or treatment embracing chemical, industrial, or manufac-
turing efforts, and employing, for example, heat treating
furnaces, by-product coke plants, core-baking ovens,
mixing kettles, cupolas, blast furnaces, open hearth
furnaces, heating and reheating furnaces, puddling furnaces,
sintering plants, electric steel furnaces, ferrous and
nonferrous foundries, kilns, stills, driers, crushers,
grinders, roasters, and equipment used in connection
therewith, and all other methods or forms of manufacturing
or processing that may emit smoke, particulate matter, or
gaseous matter.
1.16. "Process Weight" shall mean that total weight of all materials
introduced into a source operation, excluding solid, liquid,
and gaseous fuels used solely as fuels, and excluding
air introduced for purposes of combustion.
1.17. "Process Weight Rate" shall mean a rate established
as follows:
(a) For continuous or long-run steady-state source
operations, the total process weight for the entire
period of continuous operation or for a typical portion
thereof, divided by the number of hours of such period
or portion thereof.
(b) For cyclical or batch unit operations, or unit
processes, the total process weight for a period
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that covers a complete operation or an integral
number of cycles, divided by the hours of actual
process operation during such a period.
Where the nature of any process or operation or the
design or any equipment is such as to permit more
than one interpretation of this definition, the
interpretation that results in the minimum value for
allowable emission shall apply.
1.18. "Physical Change" shall mean for the purposes of this
regulation; any change in a substance which does not
change the properties of the substance. Such changes
include but are not limited to crushing, grinding, drying,
change of state and sizing.
1.19. "Chemical Change" shall mean for the purposes of this
regulation, any change in a substance which does change
the properties of the substance and by which a new
substance is formed.
1.20. "Source Operation" shall mean the last operation in a
manufacturing process preceding the emission of air
contaminants which operation:
(a) Results in the separation of the air contaminant
from the process materials or in the conversion of
the process materials into air contaminants; and
(b) Is not an air pollution abatement operation.
1.21. "A Duplicate Source Operation" shall mean any combination
of two or more individual source operations of any size
that have the same nomenclature, either formerly adopted
and/or commonly sanctioned by usage such as but not limited
to two or more rotary driers, basic oxygen furnaces, or
electric arc furnaces contained in the same plant.
1.22. "Source Operation Type" shall mean a categorization estab-
lished as follows:
(a) Type 'a' shall mean any manufacturing process source
operation involving glass melting, calcination or
physical change except as noted in Type 'c' below.
(b) Type 'b1 shall mean any metallurgical manufacuring
process source operation except gray iron cupolas
in existence on the effective date of this regulation.
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(c) Type 'c' shall mean any wet cement manufacturing
process source operation in existence on the
effective date of this regulation which is used for
the primary purpose of calcination and any gray iron
cupola in existence on the effective date of this i
regulation.
(d) Type 'd' shall mean any manufacturing process
source operation in which materials of any origin
undergo a chemical change unless otherwise classified.
Where the nature of any process or operation or the
1 design of any equipment is such as to permit more
than one interpretation of source operation type, the
interpretation of the Commission shall apply.
Other words and phrases used in this regulation, unless
otherwise indicated, shall have the meaning ascribed
to them in Section Two of Chapter Sixteen, Article
Twenty of the Code of West Virginia, as amended.
(50.1.2) Section 2. Emission of Smoke Prohibited and Standards of
Measurements.
2.01. No person shall cause, suffer, allow or permit emission
of smoke into the open air from any process source operation
which is darker in shade or appearance than that designated
as No.l on the Ringelmann Smoke Chart or the equivalent
opacity of this Ringelmann number, except as noted in
; Sub-Sections 2.02, 2.03, 2.04, and 2.05.
2.02. The provisions of Sub-Section 2.01 shall not apply to
smoke emitted from any process source operation which >
is less than No. 2 on the Ringelmann Smoke Chart or the1
equivalent opacity of this Ringelmann number for any period
or periods aggregating no more than five (5) minutes in
any sixty (60) minute period.
2.03. The provisions of Sub-Sections 2.01 and 2.02 shall not
apply to smoke emitted during the charging or pushing
operations of a coke production facility in existence on
the effective date of this regulation. The following
conditions will apply:
(a) Effective January 1, 1971, emission of smoke the shade
or appearance of which is no darker than No.3 on the
Ringelmann Smoke Chart or the equivalent opacity of
that Ringelmann number shall be permitted for a period
or periods aggregating no more than three (3) minutes
per charge and one (1) minute per push.
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(b) Effective July 1, 1971, emission of smoke the shade
or appearance of which is no darker than No. 3 on
the Ringelmann Smoke Chart or the equivalent opacity
of that Ringelmann number shall be permitted for a
period or periods aggregating no more than two (2)
minutes per charge and one (1) minute per push.
(c) Effective January 1, 1972, emission of smoke the
shade or appearance of which is no darker than No. 2.5
on the Ringelmann Smoke Chart or the equivalent opacity
of that Ringelmann number shall be permitted for a
period or periods aggregating no more than two (2)
minutes per charge and one (1) minute per push.
(d) Effective July 1, 1972, emission of smoke the shade
or appearance of which is not as dark as or darker
than No. 2 on the Ringelmann Smoke chart or the
equivalent opacity of that Ringelmann number shall
be permitted for a period or periods aggregating no
more than two (2) minutes per charge and one (1)
minute per push.
2.04. The provisions of Sub-Sections 2.01, 2.02 and 2.03
shall not apply to the charging or pushing operations of
a coke production facility installed after July 1, 1970.
Emission of smoke the shade or appearance of which is
less than No. 2 on the Ringelmann Smoke Chart or the
equivalent opacity of that Ringelmann number shall be
permitted for a period or periods aggregating no more
than one and one-half (1.5) minutes per charge and
one-half (0.5) minutes per push.
2.05. No person shall cause, suffer, allow or permit emission
of smoke into the open air from any storage structure
associated with any manufacturing process.
(50.1.1) Sections. Control and Prohibition of Particulate Emissions
by Weight From Manufacturing Process Source Operations.
3.01. No person shall cause, suffer, allow or permit particulate
matter to be vented into the open air from any type source
operation or duplicate source operation, or from all air
pollution control equipment installed on any type source
operation or duplicate source operation in excess of the
quantity specified under the appropriate source operation
type in the following table:
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}perating Source
Operation or Total
Duplicate Source
Dperation Process
Height Rate in
Pounds per Hour *
0
2,500
5,000
10,000
20,000
30,000
40,000
50,000
100,000
200,000
300,000
400,000
500,000
600,000
700,000
800,000
900,000
1,800,000 and
above
Maximum Allowable Total Stack Emission
Rate in Pounds per Hour for the
priate Process Weight and Source
Operation Type
Type 'a1 Type 'b' Type 'c1 Type
000
3 3 9
5 5 13
10 10 19
16 16 26
22 22 32
28 28 36
31 31 40
33 33 54
37 37 70
40 40 80
43 46 88
47 53 94
50 62 99
50 71 99
50 79 99
50 88 99
50 176 99
Appro-
•d'2
0
0.2
0.8
1.8
4.0
6.2
8.3
10.5
21.2
21.2
21.2
21.2
21.2
21.2
21.2
21.2
21.2
21.2
3.02
For a process weight between any two consecutive process
weights stated in this table the emission limitation
shall be determined by linear interpolation.
^Type 'd1 source operation stack emission rates do not
apply to MINERAL ACIDS. See Sub-Section 3.02.
Mineral acids shall not be released from any type source
operation or duplicate source operation or from all air
pollution control equipment installed on any type source
operation or duplicate operation in excess of the quantity
given in the following table:
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Mineral Acid
Sulfuric Acid
Mist
Nitric Acid
Mist and/or
Vapor
Hydrochloric
Acid Mist
and/or Vapor
Phosphoric
Acid Mist
and/or Vapor
Allowable Stack Gas
Concentration in Mil-
ligrams per Dry Cubic
Meter at Standard Con-
ditions from Source
Operations or Dupli-
cate Source Operations
in Existence on the
Effective Date of this
Regulation
70
140
420
6
Allowable Stack Gas
Concentration in Mil-
ligrams per Dry Cubic
Meter at Standard Con-
ditions from Source
Operations or Dupli-
cate Source Operations
Installed After the
Effective Date of this
Regulation
35
70
210
3
3.03. No person shall circumvent the provisions of this
regulation by adding additional gas to any exhaust or
group of exhausts for the purpose of reducing the stack gas
concentration.
3.04. If a duplicate source operation that meets the requirements
of this regulation is expanded or if a source operation that
meets the requirements of this regulation is expanded to
form a duplicate source operation, the total allowable
emission rate for the expanded portion shall be determined
by the following formula:
1
wet - Ret
Wet
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Where,
Be. is the total allowable emission rate in pounds per
hour for the new expanded portion of the duplicate
source operation;
Wet is the total operating process weight rate in
pounds per hour of the source operation or duplicate
source operation prior to expansion plus the operating
process weight rate of the new expanded portion;
Ret is the allowable emission rate in pounds per hour
found in Sub-Section 3.01 opposite the process weight
rate, Wet;
We is the operating process weight rate in pounds per
hour for the new expanded portion.
3.05. Separate stack emission rates for the new expanded portions
of concern in Sub-Section 3.04 shall be calculated as per
Sub-Section 3.09. The applicable stack emission rate(s)
so calculated shall be additive with the existing emission
rate for any stack used to vent both an existing source
operation or duplicate source operation(s) and the addition(s)
or portiori(s) thereof.
3.06 The operating process weight for new plants which will
contain duplicate source operations shall include the
total process weight of those duplicate units to be in-
stalled during the initial five(5) year operating period.
3.07. Except as noted in Sub-Section 3.08, the increase of the
operating process weight rate of any manufacturing process
source operation or duplicate source operation by the
operation or new, replacement, reactivated, and/or altered
source operation(s) which resulted in the increase shall be
determined as per Sub-Section 3.04.
3.08. (a) Type 'b' duplicate source operations whose air pollution
control equipment efficiency is a minimum of 99% by
weight and whose total process weight rate is less
than 250,000 pounds per hour shall be exempted from
the requirements of Sub-Section 3.01 provided that
smoke emitted into the open air from any such duplicate
source operation is not as dark or darker in shade or
appearance than that desingated as No.l on the
Ringelmann Smoke Chart or the equivalent opacity of
that Ringelmann number. If a duplicate source operation
is expanded by the addition of a new source operation(s)
.and the total operating process weight rate is then
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greater than 250,000 pounds per hour, the allowable
emission rates from the source operation which resulted
in the increase above 250,000 pounds per hour shall be
determined as per Sub-Section 3.03.
(b) Primary aluminum reduction potlines which are equipped
with a fluidized bed reactor or other similar gas
cleaning device which utilizes particulate matter as
a media or as a component of a media for collecting
or reducing the emissions of gaseous fluorides, shall
be exempted from the requirements of Sub-Sections
3.01 and 3.04 provided that:
(1) At least 99% of the gaseous fluoride is removed
from the exit gas stream by such device prior
to discharging the cleaned gas stream to the open
air; and
(2) The particulate matter loading in the exit gas
stream is not greater than 0.01 grains per
standard cubic foot of dry stack gas; and
(3) The smoke emitted into the open air from any such
duplicate source operation is not as dark or
darker in shade or appearance than that designated
as No. 1 on the Ringelmann Smoke Chart or the
equivalent opacity of that Ringelmann number.
If a duplicate source operation is expanded by
the addition of new source operation(s) and the
total operating process weight rate is then
greater than 250,000 pounds per hour, the allowable
emission rates from the source operation which
resulted in the increase above 250,000 pounds per
hour shall be determined as per Sub-Section 3.04.
3.09. Where more than one source operation or combinations
thereof, which are part of a duplicate source operation, are
vented through separate stacks, the allowable stack emission
rates for the separate stacks shall be determined by the
following formula:
Wt
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Where,
RC is the allowable stack emission rate for the separate
stack venting the source operation(s) in question;
Rt is the total allowable emission rate for the duplicate
source operation;
Ws is the operating process weight rate for the source
operation(s) vented through the separate stack;
Wt is the total operating process weight rate for the
duplicate source operation.
3.10. The provisions of this Section shall not apply to the
coking of coal. See Section 2.
3.11. Any stack serving any process source operation or air
pollution control equipment on any process source operation
shall contain flow straightening devices or a vertical run
of sufficient length to establish flow patterns consistent
with acceptable stack sampling procedures.
3.12. Potential Hazardous Material Emissions.
Persons responsible for manufacturing process source operations
from which hazardous particulate material may be emitted such
as, but not limited to, lead, arsenic, beryllium, and other
such materials shall give the utmost care and consideration
to the potential harmful effects of the emissions resulting
from such activities. Evaluation of these facilities as
to adequacy, efficiency and emission potential will be made
on an individual basis by the Commission working in
conjunction with other appropriate governmental agencies.
(50.1) Section 4. Control of Fugitive Particulate Matter.
4.01. No person shall cause, suffer, allow or permit any
manufacturing process generating fugitive particulate
matter to operate that is not equipped with a fugitive
particulate matter control system. This system shall be
operated and maintained in such a manner as to minimize
the emission of fugitive particulate matter. . . •
4.02. The owner or operator of a plant shall maintain dust control
of the plant premises and plant owned, leased, or controlled
access roads by paving or other suitable measures. Good
operating practices shall be observed in relation to
stockpiling and general maintenance to prevent dust
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(3.0)
(9.0)
(13.0)
generation and atmospheric entrainment.
Section 5. Registration.
5.01. After the effective date of this regulation all persons
owning and/or operating an existing manufacturing process
source operation not previously registered shall register
such source operation with the Commission. The information
required for registration shall be determined by the
Director, and shall be provided in the manner specified
by the Director.
5.02. After the effective date of this regulation the owner
and/or operator of a manufacturing process source operation
that is constructed, modified, or relocated in compliance
with Regulation XIII shall register such process source
with the Commission thirty (30) days after completion of
such construction, modification or relocation. The
information required for registration shall be determined
by the Director, and shall be provided in the manner
specified by the Director.
Section 6. Reports and Testing.
6.01. At such resonable times as the Director may designate, the
operator of any manufacturing process source operation
may be required to conduct or have conducted stack tests
to determine the particulate matter loading in exhaust gases
when the Director has reason to believe that the stack
emission limitation(s) is/are being violated. Such tests
shall be conducted in such manner as the Director may
specify and be filed on forms and in a manner acceptable
to the Director. The Director, or his duly authorized
representative, may at his option witness or conduct
such stack tests. Should the Director exercise his
option to conduct such tests, the operator will provide
all the necessary sampling connections and sampling ports
to be located in such manner as the Director may require,
power for test equipment, and the required safety equipment
such as scaffolding, railings, and ladders to comply with
generally accepted good safety practices.
6.02. The Director, or his duly authorized representative may
conduct such other tests as he may deem necessary to
evaluate air pollution emissions other than those noted in
Section 2 and 3.
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(6.0)
Section 7.
Compliance Programs and Schedules.
(5.0)
7.01. In the event that process equipment or operations in
existence prior to the adoption of this regulation do not
meet the emission limitations, an acceptable program to
fully comply with the regulation shall be developed and
offered to the Commission by the person responsible for
the installation. This program shall be submitted upon
the request of and within such time as shall be fixed by
the Commission. Once this program has been approved by the
Commission, the owner,: and/or operator of such installation
shall not be in violation of this regulation so long as
the approved or amended program is observed. Compliance
programs, schedules, and variances that have previously been
issued by the Commission under Regulation VII (1970)
shall remain in effect until the expiration date of that
compliance program, schedule, or variance.
7.02. In the event that an owner or operator of such process .
equipment fails to submit a program or an acceptable
. program and schedule, the Commission shall, by order,
determine the compliance program and schedule.
Variance.
Section 8.
8.01.
(2.0)
(2.0)
Due to unavoidable malfunction of equipment, emissions
exceeding those provided for in this regulation may be
permitted by the Director for periods not to exceed
10 days upon specific application to the Director. Such
application shall be made within 24 hours of the malfunction.
In cases of major equipment failure, additional time periods
may be granted by the Commission provided a corrective
program has been submitted by the owner or operator and
approved by the Commission.
Exemptions.
Provisions of this Regulation shall not apply to particulate
emissions regulated by Regulations II, III.V, and VI or to
internal combustion engines, aircraft, and air entrained
particulate matter from public or private carriers.
Section 10. Effective Date.
Regulation VII (1974) shall become effective October 1, 1974, and
shall supersede Regulation VII (1970) which was adopted by the
West Virginia Air Pollution Control Commission on the 27th day of
May, 1970, and became effective July 1, 1970, and was filed iwith
the Secretary of State May 28, 1970. '
Section 9.
9.01.
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(4.1)
(4.2)
(2.0)
(1.0)
REGULATION VIII
AMBIENT AIR QUALITY STANDARDS FOR SULFUR
OXIDES AND PARTICULATE MATTER.
Section 1. Anti-Degradation Policy.
1.01. In the best interests of the State of West Virginia, it is
the objective of the Commission to obtain and maintain
the cleanest air possible, consistent with the best
available technology.
Where the present ambient air is of better quality
than the established standards, the Commission will
develop long-range plans to protect the difference between
the present pquality and the established standards.
The plans will be based upon the best available forecasts
of probable land and air uses in such areas of high
air quality.
The air quality of these areas will not be lowered unless
it has been clearly demonstrated to the Commission that
such a change is justifiable as a result of necessary
economic or social development and will not result in a
statutory air pollution.
This will require that any industrial, public, or private
project or development which could constitute a new source
of air pollutants, within an area of such high air quality,
provide the best practicable control available under
existing technology as part of the initial project.
Section 2. Definitions.
2.01. "Air Pollutants" shall mean solids, liquids or gases which,
if discharged into the air, may result in a statutory air
pollution.
2.02. "Air Pollution", 'statutory air pollution1, shall have the
meaning ascribed to it in Section Two of Chapter Sixteen,
Article Twenty of the Code of West Virginia, as amended.
2.03. "Commission" shall mean the West Virginia Air Pollution
Control Commission.
2.04. "Person" shall mean any and all persons, natural or artificial,
including any municipal, public, or private corporation
organized or existing under the law of this or any other
-45-
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state or coutry, and any firm, partnership, or association
of whatever nature.
2.05. "Participate Matter" shall mean any material, except '
uncombined water, that exists in a finely divided form
as a liquid or solid.
i
2.06. "Standard Conditions" shall mean, for the purposes of this
regulation, a temperature of 25°C and a pressure of 760
i millimeters of mercury column.
2.07. "Ambient Air Quality Standards" shall mean the numerical
expression of a specified concentration level for a
particular air pollutant in the ambient air and the
time-averaging interval over which that concentration
level is measured.
(4.1) Section 3. Ambient Air Quality Standards.
(4.2)
3.01. The following ambient air quality standards shall not be
exceeded at any sampling site:
(a) Sulfur Dioxide
Primary Standard
Annual Arithmetic Mean - 80 micrograms per
cubic meter (0.03 parts per million)
Maximum 24-Hour Concentration - 365 micrograms
per cubic meter (0.14 ppm) - not to be exceeded
more than once per year
Secondary Standard
Maximum Three (3) Hour Concentration -
1300 micrograms per cubic meter (0.50 ppm) -
not to be exceeded more than once per year
(b) Particulate Matter
Primary Standard
Annual Geometric Mean - 75 micrograms per
cubic meter
Maximum 24-Hour Concentration - 260 micrograms
per cubic meter - not to be exceeded more than
once per year
-46-
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(9.0)
Section 4.
4.01.
4.02.
(2.0)
Secondary Standard
Annual Geometric Mean - 60 micrograms per
cubic meter
Maximum 24-Hour Concentration - 150 micrograms
per cubic meter - not to be exceeded more than
once per year
Methods of Measurement.
Suspended particulate matter concentrations shall be
determined by high-volume filtration or by such other '
methods approved as equally or more specific, accurate,
sensitive, and reproducible by the West Virginia Air
Pollution Control Commission.*
Sulfur dioxide concentrations shall be determined by
any of the methods listed below or by such other methods
approved as equally or more specific, accurate, sensitive,
and reproducible by the West Virginia Air Pollution Control
Commission:
(a)
(b)
Utilization of the
method as modified
West-Gaeke (pararosaniline)
by Scaringelli, et al.
Section 6.
The use of a continuous sampling and recording
instrument based on coulometric, colorimetric, or
an equivalent principle and utilizing the modified
West-Gaeke analytical procedure as a standard means
of calibration.
Effective Date.
Regulation VIII (1972) shall become effective March 15, 1972, and
shall supersede Regulation VIII (1970) which was adopted by the
West Virginia Air Pollution Control Commission on the 31st day of
August, 1970, and became effective October 1, 1970, and was filed
with the Secretary of State on August 31, 1970.
1 "Air Pollution Measurements of the National Air Sampling
Network: Analysis of Suspended Particulates, 1957-1961."
Public Health Service Pub. No. 978, Washington D.C., 1962.
2
Scaringelli, F. P., Saltzman, B. E., and Frey, S. A.,
Spectrophotometric Determination of Atmospheric Sulfur
Dioxide." Analytical Chemistry, Vol. 39, pp. 1709-1719,
December, 1967.
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(4.4)
(4.5)
(4.6)
(2.0)
(1.0)
REGULATION IX
AMBIENT AIR QUALITY STANDARDS FOR CARBON MONOXIDE,
NON-METHANE HYDROCARBONS. AND PHOTOCHEMICAL OXIPANTS.
Section 1. Anti-Degradation Policy.
1.01. In the best interests of the State of West Virginia, it
is the objective of the Commission to obtain and maintain
the cleanest air possible, consistent with the best
available technology.
Where the present ambient air is of better quality than
the established standards, the Commission will develop
long-range plans to protect the difference between the
; present quality and the established standards. The plans
will be based upon the best available forecasts of
probable land and air used in such areas of high air quality.
The air quality of these areas will not be lowered unless
it has been clearly demonstrated to the Commission that such
a change is justifiable as a result of necessary economic
or social development and will not result in "Statutory
Air Pollution". This will require that any industrial,
public, or private project or development which could
constitute a new source of air pollutants, within an area
of such high air quality, provide the best practicable
control available under existing technology as part of the
initial project.
Definitions.
Section 2.
2.01.
2.02.
"Air Pollutants" shall mean solids, liquids, or gases which,
if discharged into the air, will result in a statutory
air pollution.
"Air Pollution", 'statutory air pollution', shall have the.
meaning ascribed to it in Section Two of Chapter Sixteen,
Article Twenty of the Code of West Virginia, as amended,.
2.03. "Commission" shall mean the West Virginia Air Pollution
Control Commission.
2.04. "Person" shall mean any and all persons, natural or artificial,
including any municipal, public, or private corporation.
organized or existing under the law of this or any other
state or country and any firm, partnership, or association
-48-
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of whatever nature.
2.05. "Hydrocarbons" shall mean compounds whose molecules
consist of atoms of hydrogen and carbon and exist in the
atmosphere in the gas phase. Specifically excluded are
hydrocarbons and other organics associated only with
suspended particles in the atmosphere. For purposes of
these quality standards non-methane hydrocarbons shall be
taken to be the difference between the reported total
hydrocarbons and methane values obtained from an air sample.
2.06. "Photochemical Oxidant" shall be the term used to describe
the net oxidizing ability of the ambient air. Oxidants are
produced in the ambient air as the result of complex
photochemical reactions.
2.07. "Standard Conditions" shall mean for the purposes of this
regulation a temperature of 25°C and a pressure of 760 mm
of mercury column.
2.08. "Ambient Air Quality Standards" shall mean the numerical
expression of a specified concentration level for a
particular air pollutant in the ambient air and the time
averaging interval over which that concentration level is
measured.
(4.4) Section 3. Ambient Air Quality Standards.
(4.5)
(4.6) 3.01. The following air pollutant concentrations shall not be
exceeded at any sampling site:
(a) Carbon Monoxide
Maximum Eight (8) Hour Concentration, 10 milligrams
per cubic meter (9ppm) - not to be exceeded more
than once per year.
Maximum One (1) Hour Concentration, 40 milligrams
per cubic meter (35ppm) - not to be exceeded more
than once per year.
(b) Photochemical Oxidants (Measured and Corrected For
Interferences Due to Nitrogen Oxides and Sulfur
Dioxide)
Maximum One (1) Hour Concentration, 160 micrograms
per cubic meter (0.08 ppm) - not to be exceeded more
than once per year.
-49-
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(9.0)
Section 4.
4.01.
4.02.
4.03.
4.04.
(c) Hydrocarbons (Measured and Corrected for Methane)
Maximum Three (3) Hour Concentration, 160 micro-
grams per cubic meter (0.24ppm) for the time period
of 6:00 a.m. to 9:00 a.m. - not to be exceeded more
than once per year.
The hydrocarbon standard is to be used as a guide in
devising implementation plans to achieve oxidant
standards.
Methods of Measurement.
(2.0) Section 5.
Carbon Monoxide concentrations shall be determined by
nondispersive infrared (NDIR) methods or by such other
methods approved as equally or more specific, accurate,
sensitive, and reproducible by the West Virginia Air
Pollution Control Commission.
Photochemical Oxidant concentrations shall be determined
by the neutral buffered potassium iodide method as modified
by Saltzman, et al, or by such other methods approved as
equally or more specific, accurate, sensitive, and repro-
ducible by the West Virginia Air Pollution Control Commission.
Hydrocarbon concentrations shall be determined by subtraction
of methane concentrations from total hydrocarbon concen-
trations determined by the flame ionization technique or
by such other methods approved as equally or more specific,
accurate, sensitive, and reproducible by the West Virginia
Air Pollution Control Commission.
Other less specific methods of measurement may be used
provided an accurate method of conversion can be developed
to express the results in terms of equivalence to those that
would be expected using the above methods of other more
specific, accurate, sensitive, and reproducible methods
approved by the West Virginia Air Pollution Control
Commission.
Effective Date.
Regulation IX shall become effective September 1, 1971.
-50-
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(50.2) REGULATION X
TO PREVENT AND CONTROL AIR POLLUTION FROM
THE EMISSION OF SULFUR OXIDES
(2.0) Section 1. Intent and Purpose.
1.01. Fuel Quality Goals. It is the intent of the Commission
that all persons engaged in the burning of fuel make a
maximum effort to utilize the best quality fuel available
regardless of the requirements of this regulation.
(1.0) Section 2. Definitions.
2.01. "Air Pollution", 'statutory air pollution1, shall have
the meaning ascribed to it in Section Two of Chapter Sixteen,
Article Twenty of the Code of West Virginia, as amemded.
2.02. "Air Pollutants" shall mean solids, liquids, or gases which,
if discharged into the air, may result in a statutory air
pollution.
2.03. "Commission" shall mean the West Virginia Air Pollution
Conrol Commission.
2.04. "Director" shall mean the director of the West Virginia
Air Pollution Control Commission.
2.05. "Person" shall mean any and all persons, natural or artificial,
including any municipal, public or private corporation
organized or existing under the laws of this or any other
state or country, and any firm, partnership, or association
of whatever nature.
2.06. "Fuel Burning Unit" shall mean and include any furnace,
boiler apparatus, device, mechanism, stack or structure
used in the process of burning fuel or other combustible
material for the primary purpose of producing heat or power
in indirect heat transfer. For the purposes of this
regulation, all fuel burning units are classified in the
following categories:
(a) Type 'a1 shall mean any fuel burning unit which has
as its primary purpose the generation of steam or,
other vapor to produce electric power for sale.
(b) Type 'b1 shall mean any fuel burning unit not classi-
fied as a Type 'a' or Type 'c1 unit such as industrial
-51-
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pulverized-fuel-fired furnaces, cyclone furnaces,
gas-fired and liquid-fuel-fired units.
(c) Type 'c' shall mean any hand-fired or stoker-fired
fuel burning unit not classified as a Type 'a' unit.
2.07. "Fuel" shall mean any form of combustible matter (solid,
liqued, vapor, or gas) that is used as a source of heat.
2.08. "Priority I Regions", "Priority II Regions", and "Priority III
Regions" are defined as follows:
Priority Federal Air Quality Included West
Classification Control Region Virginia Counties
Region I-Steubenville- Brooke
Weirton-Wheeling Inter- Hancock
state Air Quality Control Marshall
Region(Ohio-W. Va.) Ohio
Region VII-Cumberland- Grant (Union District
Keyser Interstate Air only) Mineral (Elk,
Quality Control Region New Creek, and
(W. Va. - Md.) Piedmont Districts)
II Region II-Parkersburg- Jackson
Marietta Interstate Air Pleasants
Quality Control Region Tyler
(W. Va. - Ohio) Wetzel & Wood
III All other regions All other counties
or districts not
listed above
2,09. "Air Pollution Control Equipment" shall mean any equipment
used for collecting, confining, or converting air pollutants
for the purpose of preventing or reducing the emission of
These pollutants into the open air.
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2.10. "Manufacturing Process" shall mean any action, operation
or treatment embracing chemical, industrial, or manu^
facturing efforts, and employing, for example, heat-
treating furnaces, by-product coke plants, core-baking ovens,
mixing kettles, cupolas, blast furnaces, open hearth
furnaces, heating and reheating furnaces, puddling furnaces,
sintering plants, electric steel furnaces, ferrous and
non-ferrous foundries, kilns, stills, driers, crushers,
grinders, roasters, and equipment used in connection
therewith, and all other methods or forms of manufacturing
or processing that may emit sulfur dioxide or other sulfur
comppunds.
2.11. - "Source Operation" shall mean the last operation in a
manufacturing process preceding the emission of air
pollutants which operation:
(a) Results in the separation of the air pollutant from the
process materials or in the conversion of the process
materials into air pollutants: and
(b) Is not an air pollution abatement operation.
2.12. "Sulfur Dioxide" is an air pollutant which is a nonflammable,
nonexplosive, colorless, gaseous molecule composed of one
atom of sulfur and two atoms of oxygen. In concentrations
of 0.3 to 1.0 parts per million and above, most people can
detect it by taste; in concentrations greater than 3.0 parts
per million it has a pungent, irritating odor to most
people.
2.13. "Plant" shall mean and include all fuel burning units,
source operations, equipment and grounds utilized in an
integral complex.
2.14. "Equivalent Fuel Sulfur Content" shall mean that quantity
of sulfur dioxide in pounds per million British Thermal
Units (B.T.U.'s) which corresponds to a given percent
slufur in fuel being burned and is calculated on the base's
of 100 percent conversion of the sulfur to sulfur dioxide
and assuming that no sulfur or sulfur dioxide recovery or
control measures are employed.
2.15. "Stack", for the purposes of this regulation, shall mean but
not be limited to, any duct, control equipment exhaust,
or similar apparatus, which vents gases and/or particulate
matter into the open air.
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(51.6) Section 3. Sulfur Dioxide Weight Emission Standards For
Fuel Burning Units. i
3.01. Maximum Allowable Emission Rates For Similar Units In
Priority I and Priority II Regions.
(a) Not later than June 30, 1975, no person shall cause, .
suffer, allow, or permit the discharge of sulfur
dioxide into the open air from all stacks located at
one plant, measured in terms of pounds per hour, in
excess of the amount determined as follows:
(1) For Type 'a1 fuel burning units, the product of
2.7 and the total design heat inputs for such
units discharging through those stacks in million
(B.T.U.'s) per hour.
(2) For Type 'b1 and Type 'c1 fuel burning units,
the product of 3.1 and the total design heat
inputs for such units discharging through those
stacks in million B.T.U.'s per hour.
(b) Not later than June 30, 1978, no person shall cause,
suffer, allow, or permit the discharge of sulfur
dioxide into the open air from all stacks located at
one plant measured in terms of pounds per hour, in
excess of the amount determined as follows:
(1) For Type 'a' fuel burning units, the product
of 2.0 and the total design heat inputs for such
units discharging through those stacks in million
B.T.U.'s per hour, provided however, that no more
than 45,000 pounds per hour of sulfur dioxide shall
be discharged into the open air from all such
stacks.
(2) For Type 'b' and Type 'c' fuel burning units,
the product of 2.3 and the total design heat inputs
for such units discharging through those stacks in
million B.T.U.'s per hour, provided however, that
no more than 8,000 pounds per hour of sulfur
dioxide shall be discharged into the open air
from all such stacks.
3.02. Maximum Allowable Emission Rates For Similar Units In
Region IV (Kanawha Valley Air Quality Control Regions:
Kanawha County, Putnam County, and Falls and Kanawha
Magisterial Districts of Fayette County).
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Not later than January 1, 1973, no person shall cause,
suffer, allow, or permit the discharge of sulfur dioxide
into the open air from all stacks located at one plant,
measured in terms of pounds per hour, in excess of the
amount determined as follows:
(a) For Type 'a1 fuel burning units, the product of 1.6
and the total design heat inputs for such units
discharging through those stacks in million B.T.U.'s
per hour, provided however, that no more than 45,000
pounds per hour of sulfur dioxide shall be discharged
into the open air from all such stacks.
(b) For Type 'b' and Type 'c1 fuel burning units, the
product of 1.6 and the total design heat inputs for
such units discharging through those stacks in
million B.T.U.'s per hour, provided however, that no
more than 5.500 pounds per hour of sulfur dioxide shall
be discharged into the open air from all such stacks.
3.03. Maximum Allowable Emission Rates For Similar Units In All
Priority III Regions Except Region IV.
(a) Not later than June 30, 1975, no person shall cause,
suffer, allow, or permit the discharge of sulfur
dioxide into the open air from all stacks located at
one plant, measured in terms of pounds per hour, in
excess of the amount determined as follows:
(1) For Type 'a1 fuel burning units, the product of
3.2 and the total design heat inputs for such
units discharging through those stacks in million
B.T.U.'s per hour.
(2) For Type 'b1 and Type 'c1 fuel burning units,
the product or 3.2 and the total design heat
inputs for such units discharging through those
stacks in million B.T.U.'s per hour.
(b) Not later than June 30, 1978, the requirements of
Sub-Section 3.01 (b) shall apply to all Type 'a',
Type 'b', and Type 'c' fuel burning units.
3.04. Allowable Emission Rates For Individual Stacks.
The maximum allowable emission rate for an individual
stack shall not exceed by more than 25 percent the emission
rate determined by prorating the total allowable emission
rate specified in Sub-Sections 3.01, 3.02, or 3.03 on the
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basis of individual unit heat input at design capacity for
all fuel burning units discharging through that stack.
Subject to the provisions of this regulation, allowable
emission rates for individual stacks shall be determined
by the owner and/or operator and registered with the
Commission at the request of and on forms provided by the
Director, Such rates shall be subject to review and approval
by the Director.
The approved set of individual stack allowable emission
rates shall become an official part of the compliance
schedule and any permits concerning such source or sources,
and shall not be changed without the prior written approval
of the Director.
3.05. Weight Emission Standards For Manufacturing Process Source
Operations.
(a) Not later than June 30, 1975, no person shall cause,
suffer, allow, or permit the emission into the open
air from any source operation an in-stack sulfur
dioxide concentration exceeding 2,000 parts per million
by volume from existing source operations, except
as provided in Sub-Sections (b), (c), (d), (e), and (f)
following.
(b) Not later than June 30, 1975, no person shall cause,
suffer, allow, or permit sulfur dioxide tail gas
emissions from sulfuric acid manufacturing plants to
exceed the following:
(1) For plants using elemental sulfur as a feed stock,
30 pounds per ton of acid produced; and
(2) For plants using other materials as a feed stock,
40 pounds per ton of acid produced.
(c) Not later than June 30, 1975, no person shall cause,
suffer, allow, or permit the emission of sulfur oxides,
calculated as sulfur dioxide, from a sulfur recovery
plant to exceed 0.06 pounds per pound of sulfur pro-
cessed.
(d) Not later than June 30, 1975, no person shall cause,
suffer, allow, or permit the combustion of any refinery
process gas stream or any other process gas stream
that contains hydrogen sulfide in a concentration
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greater than 50 grains per 100 cubic feet of gas. In
certain cases very small units may be considered
exempt from this requirement if, in the opinion
of the Commission, compliance would be economically
unreasonable and if the contribution of the unit to
surrounding air quality could be considered negligible.
(e) No person shall cause, suffer, allow, or permit the
emission of sulfur oxides, calculated as sulfur
dioxide, from primary non-ferrous smelters to exceed
that determined by the following equations:
Copper Smelters: Y = 0.2X n OK
Zinc Smelters: Y = 0.564 X u'Bt)
Lead Smelters: Y = 0.98 X °-77
Where X is the total sulfur fed to the smelter in pounds
per hour, and Y is the allowable sulfur dioxide
emissions in pounds per hour.
(f) No person shall cause, suffer, allow, or permit the
total sulfite pulp mill emissions of sulfur oxides,
calculated as sulfur dioxide, from operations such as
blow pits, washer vents, storage tanks, digester relief,
and recovery system, to exceed 9.0 pounds per air-dried
ton of pulp produced.
(3.0) Section 4. Registration.
4.01. Within thirty (30) days after the effective date of this
regulation all persons owning and/or operating a source(s)
of sulfur dioxide subject to this regulation and not
previously registered shall have registered such source(s)
with the Commission. The information required for registra-
tion shall be determined and provided in the manner specified
by the Director. Registration forms should be requested
from the Director by the owner and/or operator of such
source(s).
4.02 The owner and/or operator of a source(s) of sulfur dioxide
that is under construction or on which construction is
initiated within thirty (30) days after the effective date
of this regulation shall register such source(s) within
this thirty (30) day period.
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(3.0)
Section 5.
Permits.
(9.0)
(13.0)
5.01. After the effective date of this regulation, no person shall
construct or modify any source of sulfur dioxide without
first obtaining a permit for such construction or modification.
Applications for permits shall be made upon forms available
. from the Director and shall be filed no less than ninety (90)
.' days prior to the construction or modification. These forms
shall include such information as in the judgment of the
Director will enable him to determine whether such source
will be so designed as to operate in conformance with.the
i provisions of this regulation and the Code of West Virginia,
and will not cause or contribute to the violation of
Secondary Air Quality Standards. Within ninety (90) days
of the receipt of an application the Director shall issue
or deny such permit in accordance with the provisions of
Section 2 of Chapter 16, Article 20, Paragraph lib or the
Code of West Virginia, as amended.
Section 6. Reports and Testing.
6.01. Tests to determine compliance with the allowable sulfur
, dioxide emission limitations of this regulation shall be based
on a two (2)-hour averaging time.
6.02. (a) At the request of the Commission the owner and/or ,
operator of a source shall install such stack gas
monitoring devices as the Director deems necessary to
determine compliance with the provisions of this
regulation. The data from such devices shall be
readily available at the source location or such other
reasonable location that the Director may specify. At
the request of the Director, or his duly authorized
representative, such data shall be made available for
inspection or copying. Failure to promptly provide such
data shall constitute a violation of this regulation.
(b) Prior to the installation of calibrated stack gas '
monitoring devices, sulfur dioxide emission rates
shall be calculated on an equivalent fuel sulfur
content basis.
6.03. At such reasonable times as the Director may designate,
the owner or operator of a source(s) of sulfur dioxide
may be required to conduct or have conducted tests to deter-
mine the compliance of such source(s) with the emission
limitations of Section 3. Such tests shall be conducted
in such manner as the Director may specify and be filed
on forms and in a manner acceptable to the Director.
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6.04.
6.05.
(6.0)
Section 7.
7.01.
(5.0)
7.02.
Section 8.
8.01.
The Director, or his duly authorized representative, may
at his option witness or conduct such tests. Should the
Director exercise his options to conduct such tests, the
operator will provide all necessary sampling connections
and sampling ports to be located in such manner as the
Director may require, power for test equipment, and the
required safety equipment such as scaffolding, railings,
and ladders to comply with generally accepted good safety
practices.
The Director, or his duly authorized representative, may
conduct such other tests as he may deem necessary to
evaluate air pollution emissions other than those noted in
Section 3.
The operators of the fuel burning units or persons selling
fuel shall submit data on the fuel used or sold for use in
such units. Such data shall be reported in the manner the
Director may specify. However, reports on such data shall
not exceed one (1) per month. Such reports must be filed
within fifteen (15) days of the end of the established
reporting period and will include, but not necessarily
be limited to, information such as the quantity of fuel
burned or sold and the sulfur, moisture, volatile matter,
and B.T.U. content.
Compliance Programs and Schedules.
In the event that a source(s) of sulfur dioxide in
existence prior to the adoption of this regulation does not
meet the emission limitaions, an acceptable program to fully
comply with the regulation shall be developed and offered
to the Commission by the person responsible for the source.
This program shall be submitted upon the request of, and
within such time as shall be fixed by, the Commission. Once
this program has been approved by the Commission, the
owner and/or operator of such installation shall not be in
violation of this regulation so long as the approved or
amended program is observed.
In the event that an owner or operator of such a source(s)
of sulfur dioxide fails to submit a program or an acceptable
program and schedule, the Commission, shall, by order,
determine the compliance program and schedule.
Variance.
Due to unavoidable malfunction of equipment or inadvertent
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fuel shortages, emissions exceeding those provided for
in this regulation may be permitted by the Director for
periods not to exceed ten (10) days upon specific application
to the Director. Such application shall be made within
twenty-four (24) hours of the equipment malfunction or fuel
. shortage. Incases of major equipment failure, additional
time periods may be granted by the Commission provided a
corrective program has been submitted by the owner or ;
operator and approved by the Commission.
(2.0) Section9. Exemptions and Recommendations.
9.01. All fuel burning units having a heat input under ten (10)
million B.T.U.'s per hour will be exempt from Section 3
through Section 8. However, failure to attain acceptable
air quality in parts of some urban areas may require the
mandatory control of these sources at a later date.
9.02. In an effort to avoid the necessity for such mandatory
controls the Commission strongly recommends that specific
fuel quality objectives be met. In Priority I and Priority II
regions and in cities in Priority III regions with a
population of more than 10,000 (based on the latest census)
the Commission recommeds that no person use or provide for
sale fuel having a sulfur content greater than that listed
in the following table for use in residential and other
fuel burning units not otherwise restricted by this
regulation:
Effective Date
June 30, 1972
June 30, 1975
June 30, 1978
Maximum Desirable Persent; Sulfur
Content of Fuels
Coal
3.0
2.0
1.0
Oil
2.0
1.5
0.5
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(2.0) Section-10, Effective Date.
Regulation X shall become effective March 15, 1972.
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(8.0) REGULATION XI
PREVENTION OF AIR POLLUTION EMERGENCY EPISODES
(2.0) Section 1. Intent and Purpose.
1.01. It is the intent of the Commission to provide a mechanism
to prevent the buildup of air pollutant concentrations during
periods of adverse meteorological conditions in which air
j pollutants may accumulate, thereby preventing the occurrence
of an emergency due to the effects of these pollutants on
health. To achieve this purpose, three (3) stages of
criteria (pollutant concentration levels) have been
established and specific emission reductions plans will
be developed which will be initiated at each criteria
stage to prevent further deterioration of the air supply
in any air quality region or substantial portion thereof.
(1.0) Section 2. Definitions.
2.01. "Air Pollution Episode" shall mean the occurrence of adverse
meteorological conditions during which air pollutants .
accumulate, so that the population is exposed to an elevated
concentration of airborne contaminants.
2.02. "Commission" shall mean the West Virginia Air Pollution
Control Commission.
2.03.. "Director" shall mean the director of the West Virginia
Air Pollution Control Commission.
2.04. "COM" shall be the term used for the coefficient of haze,
A COM unit is defined as that quantity of light-scatte.ri.ng
solids, (on the filter) which produces an optical density
equivalent of 0.01 when measured by light transmission.
2.05. "Particulate Matter1 shall mean any material, except uncom-
bined water, that exists in a finely divided form as a liquid
or solid.
2.06. '"Photochemical Oxidant" shall be the term used to describe
the net oxidizing ability of the ambient air.
2.07. "Standard Conditions" shall mean, for the purposes of this
regulation, a temperature of 25°C and a pressure of 760
millimeters of mercury column.
2.08. ."Region" shall mean a Federal Air Quality Control Region
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designated by the Secretary of Health, Education and
Welfare or the Administrator of the Environmental Protection
Agency.
2.09. "Person" shall mean any and all persons, natural or
artificial, including any municipal, public or private
corporation organized or existing under the laws of this
or any other state or country, and any firm, partnership,
or association of whatever nature.
2.10. "Priority" shall mean the numerical classification assigned
to each Air Quality Control Region by the Environmental
Protection Agency as follows:
REGION
Region I
Region II
Region III
Region IV
Region V
Region VI
Region VII
Region VIII
Region IX
Region X
POLLUTANT
'articu-
late
I
I
I
I
III
I
I
III
III
III
Sulfur
Oxides
I
II
III
III
III
III
I
III
III
III
Carbon
Monoxide.
Ill
, III
III
III
III
III
III
III
III
III
Nitrogen
Dioxide
III
III
III
III
III
III
III
III
III
III
Photo-
Chemical
Oxidants
III
III
III
III
III
III
III
III
III
III
Hydro-
Carbons
III
III
III
III
III
III
III
III
III
III
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(8.0) Section 3. Episode Criteria.
3.01. Conditions justifying the proclamation of an Air Pollution
Alert or Air Pollution Warning shall be deemed to exist
whenever the Director and/or Commission determines that
the accumulation of air pollutants in any place is
attaining or has attained levels which could, if such
levels are exceeded, lead to an Air Pollution Emergency.
In naking this determination the Director and/or Commission
shall be guided by the following criteria:
(a) Air Pollution Forecast.
An internal watch by the West Virginia Air Pollution
Control Commission will be actuated by a National
Weather Service advisory that an Atmospheric Stag-
nation Advisory is in effect or the equivalent local
forecast of stagnant atmospheric conditions is issued
by the Commission.
,(b) Alert.
An alert shall be declared by the Director and/or
Commission when any one of the following levels is
reached at any monitoring site and meteorological
conditions are such that pollutant concentrations
can be expected to remain at these levels for twelve
(12) or more hours or increase unless control actions
are taken:
Sulfur Dioxide
800 micrograms per cubic meter (0.3 parts
per million), 24 hour average
: Particulate Matter
i
3.0 COHs, 24-hour average
Sulfur Dioxide and Particulate Matter Combined .
Product of sulfur dioxide parts per million,
24-hour average, and COHs, 24-hour average,
equal to 0.2
Carbon Monoxide
17 milligrams per cubic meter (15 parts per
million), 8-hour average
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Oxidant (03)
200 micrograms per cubic meter (0.1 parts
per million), 1-hour average
Nitrogen Dioxide
282 micrograms per cubic meter (0.15 parts
per million), 24-hour average
(c) Warning.
A warning shall be declared by the Commission when any
one of the following levels is reached at any monitoring
site and meteorological conditions are such that
pollutant concentrations can be expected to remain at
these levels for twelve (12) or more hours or increase
unless control actions are taken:
Sulfur Dioxide
1600 micrograms per cubic meter (0.6 parts
per million), 24-hour average
Particulate Matter
5COHs, 24-hour average
Sulfur Dioxide and Particulate Matter Combined
Product of sulfur dioxide parts per million,
24-hour average, and COHs, 24-hour average,
equal to 0.8
Carbon Monoxide
34 milligrams per cubic meter (30 parts per
million), 8-hour average
Oxidant (03)
800 micrograms per cubic meter (0.4 parts per
million), 1-hour average
Nitrogen Dioxide
565 micrograms per cubic meter (0.3 parts
per million), 24-hour average
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(d) Emergency.
Conditions justifying the proclamation of an Air
Pollution Emergency shall be deemed to exist whenever
the Commission determines that the accumulation of air
pollutants in any place has attained levels which
require immediate action for the protection of the
public health. The emergency level indicates that
air quality is continuing to degrade and is approaching
a level that should never be reached, and that the most
stringent control actions are necessary. In making
this determination, the Commission shall declare an
emergency when any one of the following levels is
reached at any monitoring site and meteorological
conditions are such that this condition can be expected
to continue for twelve (12) or more hours:
Sulfur Dioxide
2100 micrograms per cubic meter (0.8 parts
per million), 24-hour average
Particulate Matter
7.0 COHs, 24-hour average
Sulfur Dioxide and Particulate Matter Combined
Product of sulfur dioxide parts per million,
24-hour average and COHs, 24-hour average,
equal to 1.2
Carbon Monoxide
46 milligrams per cubic meter (40 parts per
million), 8-hour average
Oxidant (03)
1200 micrograms per cubic meter (0.6 parts
per million), 1-hour average
Nitrogen Dioxide
750 micrograms per cubic meter (0.4 parts per
million), 24-hour average
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An emergency will be declared by an order entered by
the Commission with the written approval of the
Governor.
(e) Termination.
Once declared, any status reached by application of
these criteria will remain in effect until the criteria
for that level are no longer met. At such time, the
next lower status will be assumed.
3.02. The episode criteria presented in Section 3.01 establish
the basis for emission control action to be initiated to
prevent an Air Pollution Emergency Episode. The stringent
control actions required in Section 6 when the emergency
stage has been declared are designed to prevent air pollutant
concentrations from reaching levels which, in the judgment
of the Commission, could constitute imminent and substantial
endangerment to health. These levels are as follows:
Sulfur Dioxide
2620 rnicrograms per cubic meter (1.0 parts
per million), 24-hour average
Particulate Matter
1000 micrograms per cubic meter or
8 COHsm 24-hour average
Sulfur Dioxide and Particulate Matter Combined
Product of sulfur dioxide in micrograms per
cubic meter, 24-hour average, and particulate
matter in micrograms per cubic meter, 24-hour
average, equal to 490 X 10^; or product of
sulfur dioxide in parts per million, 24-hour
and COHs, 24-hour average, equal to 1.5
Carbon Monoxide
57.5 milligrams per cubic meter (50 parts per
million), 8-hour average
86.3 milligrams per cubic meter (75 parts per
million), 4-hour average
144 milligrams per cubic meter (125 parts
per nrniion), 1-hour average
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Photochemical Oxidants
800 micrograms per cubic meter (0.4 parts
per million), 4-hour average
1200 micrograms per cubic meter (0.6 parts
per million), 2-hour average
1400 micrograms per cubic meter (0.7 parts
per million), 1-hour average
Nitrogen Dioxide
938 micrograms per cubic meter (0.5 parts
per million), 24-hour average
3750 micrograms per cubic meter (2.0 parts
per million), 1-hour average
(9.0) Section 4. Methods of Measurement.
4.01. Sulfur dioxide concentrations shall be determined by any
of the methods listed below or by such other methods
approved as equally or more specific, accurate, sensitive,
and reproducible by the West Virginia Air Pollution Control
Commission:
(a) Utilization of the West-Gaeke (paraosaniline) method
as modified by Scaringelli, et al.
(b) The use of a continuous sampling and recording
instrument based on coulometric, colorimetric, or an
equivalent principle and utilizing the modified
West-Gaeke analytical procedure as a standard means
of calibration.
4.02. Suspended particulate matter concentrations shall be
determined by any of the methods listed below or by such
other methods approved as equally or more specific, accurate,
sensitive, and reproducible by the West Virginia Air
Pollution Control Commission:
(a) Filter Tape Sampler
(b) High-Volume Filtration
4.03. Carbon monoxide concentrations shall be determined by non-
dispersive infrared (NDIR) methods or by such other methods
approved as equally or more specific, accurate, sensitive,
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and reproducible by the West Virginia Air Pollution Control
Commission.
4.04, Photochemical oxidant concentrations shall be determined by
the neutral buffered potassium iodide method as modified
by Saltman, et al., or by such other methods approved as
equally or more specific,accurate, sensitive, and reproducible
by the West Virginia Air Pollution Control Commission.
4.05. Nitrogen dioxide concentrations shall be determined by any
of the methods listed below or by such other methods
approved as equally or more specific, accurate, sensitive,
and reproducible by the West Virginia Air Pollution Control
Commission.
(a) Utilization of Jacobs-Hocheiser method
(b) The use of a continuous sampling and recording
instrument based on coulometric, colorimetric, or an
equivalent principle
(8.0) Section 5. Preplanned Reduction Strategies.
5.01. Any person responsible for the operation of a stationary
source of air pollutants emitting 100 tons (90.7 metric tons)
per year or more in a region classified Priority I or II for
any pollutant, shall prepare standby plans for reducing the
emission of air pollutants during periods of an Air
Pollution Alert, Air Pollution Warning, and Air Pollution
Emergency. Standby plans shall be designed to reduce or
eliminate emission of air pollutants in accordance with the
objectives set forth in Tables I, II, and III.
5.02. Any person responsible for the operation of a source of
air pollutants not set forth under Section 5.01 shall, when
requested by the Commission, prepare standby plans for
reducing the emissions of air pollutants in accordance with
the objectives set forth in Tables I, II, and III.
5.03. Standby plans as required under Sections 5.01 and 5.02 shall
be in writing and shall include, but not be limited to,
identifying the sources of air pollutants, the approximate
amount of reduction of pollutants, and a brief description
of the manner in which the reduction will be achieved
during an Air Pollution Alert, Air Pollution Warning, and
Air Pollution Emergency. Such information shall be filed
on forms and in a manner acceptable to the Director.
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5.04. During a condition of Air Pollution Alert, Air Pollution
Warning, or Air Pollution Emergency, standby plans as
required by this section shall also be made available.on the
premises to the Director or his duly authorized repre-
sentative.
5.05. Standby plans as required by this section shall be submitted
to the Director upon request within sixty (60) days of
the receipt of such request. All standby plans shall be
subject to review and approval by the Commission. If, in
the opinion of the Commission, a standby plan does not
effectively carry out the objectives as set forth in
Tables I, II, and III,the Commission may disapprove it,
; state its reason for disapproval, and order the preparation
of an amended standby plan within the time period specified
in the order.
(8.0) Section 6. Emission Reduction Plans.
(a) Air Pollution Forecast.
When the National Weather Service issues a public
announcement that an Atmospheric Stagnation Advisory
is in effect or the equivalent local forecast of
: stagnant atmospheric conditions is issued by the
i i West Virginia Air Pollution Control Commission, no
open burning shall be conducted.
(b) Air Pollution Alert.
When an Air Pollution Alert is declared in the manner
provided in Section 3.01 (b), any person responsible
for the operation of a source, who is required under
Section 5 to have standby plans, shall put into effect
the pre-planned abatement strategy for an Air Pollution
Alert when notified by the Director or his duly
authorized representative. All other persons responsible
for the operation of sources-of air pollution shall
take actions as required in Table I.
(c) Air Pollution Warning.
When an Air Pollution Warning is declared in the
manner provided in Section 3.01 (c), any person
responsible for the operation of a source, who is
required under Section 5 to have standby plans, shall
put into effect the preplanned abatement strategy for
an Air Pollution Warning when notified by the Director
or his duly authorized representative. All other
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persons responsible for the operation of sources
of air pollutants shall take actions as required in
Table II.
(d) Air Pollution Emergency.
When an Air Pollution Emergency is declared in the
manner provided in Section 3.01 (d), any person
responsible for the operation of a source, who is
required under Section 5 to have standby plans, shall
put into effect the preplanned abatement strategy for
an Air Pollution Emergency when notified by the
Director or his duly authorized representative of
such emergency. All other persons responsible for the
operation of sources of air pollutants shall take
actions as required in Table III.
(e) When the Director and/or Commission determines that
a specified criteria level has been reached at one or
more monitoring sites solely because of emissions from
a limited number of sources, the Director shall notify
such source(s) that the preplanned abatement strategies
qf Tables I, II, and III or the standby plans are
required, insofar as it applies to such source(s),
and shall be put into effect until the criteria of
the specified level are no longer met.
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TABLE I - EMISSION REDUCTION PLANS
Alert Level
Part A. General
1. There shall be no open burning by any persons of tree
waste, vegetation, refuse, or debris in any form.
2. The use of incinerators for the disposal of any form
of solid waste shall be limited to the hours between
12 noon and 4 p.m.
3. Persons operating motor vehicles should eliminate
all unnecessary operations.
4. Persons operating fuel-burning equipment which requires
boiler lancing or soot blowing shall perform such
operations only between the hours of 12 noon and 4 p.m.
Part B. Source Curtailment
Any person responsible for the operation of a source
of air pollutants listed below shall take all required
control actions for this Alert Level:
Source of Air Pollution
Control Action
Coal or oil-fired electric a.
power generating facilities
b.
Substantial reduction by
utilization of fuels hav-
ing low ash and sulfur
content
Substantial reduction by
diverting electric power
generation to facilities
outside of Alert Area
Maximum utilization of
midday (12 noon to 4 p.m.)
atmospheric turbulence
for boiler lancing and
soot blowing
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TABLE I (Continued)
Source of Air Pollution
Control Action
2. Coal and oil-fired process a.
steam generating facilities
3. Manufacturing industries of a.
the following classifica-
tions:
Primary Metals Industry
Petroleum Refining
Operations
Chemical Industries b.
Mineral Processing
Industries
Paper and Allied Products
Grain Industry
Substantial reduction by
utilization of fuels
having low ash and sulfur
content
Substantial reduction of
steam load demands con-
sistent with continuing
plant operations
Maximum utilization of
midday (12 noon to 4 p.m.)
atmospheric turbulence
for boiler lancing and
soot blowing
Substantial reduction of
air pollutants from man-
ufacturing operations by
curtailing, post-poning,
or deferring production
and allied operations
Maximum reduction by
deferring trade waste
disposal operations
which emit solid parti-
cles, gases, vapors, or
malodorous substances
Maximum reduction of heat
load demands for
processing
Maximum utilization of
midday (12 noon to 4 p.m.)
atmospheric turbulence
for boiler lancing and
soot blowing
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TABLE II - EMISSION REDUCTION PLANS
Warning Level
Part A. General
1. There shall be no open burning by any persons of tree
waste, vegetation, refuse, or debris in any form.
2. The use of incinerators for the disposal of any form
of solid waste or liquid waste shall be prohibited.
3. Persons operating motor vehicles must reduce operations
by the use of car pools and increased use of public
transportation and elimination of unnecessary operation.
4. Persons operating fuel-burning equipment which requires
boiler lancing or soot blowing shall perform such
operations only between the hours of 12 noon and 4 p.m.
Part B. Source Curtailment
Any person responsible for the operation of a source
of air pollutants listed below shall take all required
control actions for this Warning Level:
Source of Air Pollution
Control Action
Coal or oil-fired electric a.
power generating facilities
Maximum reduction by
utilization of fuels
having lowest ash and
sulfur content
Maximum reduction by
diverting electric
power generation to
facilities outside of
Warning Area
Maximum utilization of
midday (12 noon to 4 p.m.)
atmospheric turbulence
for boiler lancing and
soot blowing
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TABLE II (Continued)
Source of Air Pollution
Control Action
2. Coal and oil-fired process a.
steam generating facilities
3. Manufacturing industries
which require considerable
lead time for shut-down
including the following
classifications:
Petroleum Refining
Chemical Industries
Primary Metals
Industries
Glass Industries
Paper and Allied Products
Maximum reduction by
utilization of fuels
having lowest available
ash and sulfur content
Substantial reduction of
steam load demands con-
sistent with continuing
plant operations
Making ready for use a
plan of action to be
taken if an emergency
develops
Maximum utilization of
midday (12 noon to 4 p.m.)
atmospheric turbulence
for boiler lancing and
soot blowing
Maximum reduction of air
contaminants from man-
ufacturing operations by,
if necessary, assuming
reasonable economic hard-
ships by postponing pro-
duction and allied
operations
Maximum reduction by de-
ferring trade waste dis-
posal operations which
emit solid particles,
gases, vapors, or
malodorous substances
Maximum reductions of
heat load demands for
processing
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TABLE II (Continued)
Source of Air Pollution
Control Action
4. Manufacturing industries
which require relatively
short lead times for shut-
down including the follow-
ing classification:
Primary Metals Industries
Chemical Industries
Mineral Processing
Industries
Grain Industry
d. Maximum utilization of
midday (12 noon to 4 p.m.)
atmospheric turbulence
for boiler lancing and
soot blowing
a. Elimination of air pol-
lutants from manufac-
turing operations by
ceasing, curtailing,
postponing, or deferring
production and allied
operations to the extent
possible without
causing injury to persons
or damage to equipment
b. Elimination of air pol-
lutants from trade waste
disposal processes which
emit solid particles,
gases, vapors, or
malodorous substances
c. Maximum reduction of heat
load demands for
processing
d. Maximum utilization of
midday (12 noon to 4 p.m.)
atmospheric turbulence
for boiler lancing and
soot blowing
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TABLE III- EMISSION REDUCTION PLANS
Emergency Level
Part A. General
1. there shall be no open burning by any persons of tree
waste, vegetations, refuse, or debris in any form.
2. The use of incinerators for the disposal of any form
of solid or liquid waste shall be prohibited.
3. All places of employment described below shall
immediately cease operations:
a. Mining and quarrying of nonmetallic minerals
b. All construction work except that which must proceed
to have in force an air pollution emergency plan
c. All manufacturing establishments except those
required to have in force an air pollution
emergency plan
d. All wholesale trade establishments, i.e., places
of business primarily engaged in selling merchan-
dise to retailers, or industrial, commercial,
institutional or professional users, or to other
wholesalers, or acting as agents in buying
merchandise for or selling merchandise to such
persons or companies, except thoses engaged in the
distribution of drugs, surgical supplies and food
e. All offices of local, county, and State government
including authorities, joint meetings, and other
public bodies except such agencies which are
determined by the chief administrative officer
of local, county, or State govermnent, authorities,
joint meetings and other public bodies to be vital
for public safety and we!fate and the enforcement
of the provisions of this order
f. All retail trade establishments except pharmacies,
surgical supply distributors, and stores primarily
engaged in the sale of food
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TABLE III (Continued)
g. Banks, credit agencies other than banks,
securities and commodities brokers, uealers,
exchanges and services; offices of insurance
carriers, agents and brokers, real estate offices
h. Wholesale and retail laundries, laundry services
and cleaning and dyeing establishments; photo-
graphic studios; beauty shops, barber shops, shoe
repair shops i
i. Advertising offices; consumer credit-reporting,
adjustment and collection agencies; duplicating,
addressing, blueprinting, photocopying, mailing,
mailing list and stenographic services; equipment
rental services, commercial testing laboratories
j. Automobile repair, automobile services, garages
k. Establishments rendering amusement and recreational
services including motion picture theaters
1. Elementary and secondary schools, colleges,
universities, professional schools, junior colleges,
vocational schools, and public and private libraries
4. All commercial and manufacturing establishments not
included in this order will institute such actions as
will result in maximum reduction of air pollutants from
their operation by ceasing, curtailing, or postponing
operations which emit air pollutants to the extent
possible without causing injury to persons or damage
to equipment.
5. The use of motor vehicles is prohibited except in
emergencies with the approval of local or State police.
Part B. Source Curtailment
Any person responsible for the operation of a source
of air pollutants listed below shall take all required
control actions for this Emergency Level:
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TABLE III (Continued)
Source of Air Pollution
Control Action
Coal or oil-fired electric
power generating
facilities
a.
b.
Coal and oil-fired process
steam generating
facilities
a.
b.
Manufacturing industries of a.
the following classifications:
Primary Metals Industries
Petroleum Refining
Chemical Industries
Mineral Processing
Industries
Grain Industry
Paper and Allied Products
Maximum reduction by
utilization of fuels
having lowest ash and
sulfur content
Maximum reduction by
diverting electric power
generation to facilities
outside of Emergency Area
Maximum utilization of
midday (12 noon to 4 p.m.)
atmospheric turbulence
for boiler lancing and
soot blowing
Maximum reduction by
reducing heat and steam
demands to absolute
necessities consistent
with preventing
equipment damage
Taking the action called
for in the emergency
plan
Maximum utilization of
midday (12 noon to 4 p.m.)
atmospheric turbulence
for boiler lancing and
soot blowing
Elimination of air pol-
lutants from manufac-
turing operations by
ceasing, curtailing, post-
poning, or deferring
production and allied
operations to the extent
possible without causing
injury to persons or
damage to equipment
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TABLE III (Continued)
3. (Continued) b. Elimination of air pol-
lutants from trade waste
disposal processes
which emit solid parti-
cles, gases, vapors, or
malodorous substances
c. Maximum reduction of
heat load demands for
processing
d. Maximum utilization of
midday (12 noon to 4 p.m.)
atmospheric turbulence
for boiler lancing and
soot blowing
(8.0) Section 7. Air Pollution Emergencies; Contents of Order; Hearings;
(16.0)
Appeals.
As is provided in Chapter 16, Article 20, Section 10 of
the Code of West Virginia, as amended, if the Commission,
with the written approval of the Governor, shall hereafter
enter an order declaring an Air Pollution Emergency, as
provided in Section 3.01 (d) hereof, it shall, in such order,
direct what action shall be taken by the Director to bring
about the reduction or prevention of emissions substantially
contributing to said Emergency. In such order the Commission
shall also fix a time (which shall be not later than twenty-
four (24) hours from the time of entry of such order) and
place for a hearing to be held be the Commission for the
purpose of investigating and determining the factors
bearing upon the existence of and contribution to the.
alleged emergency.
A true copy of any such order shall be served upon all
persons whose interests are directly prejudiced by such
order in the same manner as a summons in a civil action
may be served, and a true copy shall also be posted on
the front door of the courthouse of the county in which
the alleged emergency conditions originated. All persons
whose interests are prejudiced or affected in any manner
by any such order shall have the right to appear in person
or by counsel at such hearing and to present relevant
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evidence. Within twenty-four (24) hours after the
completion of the hearing, the Commission shall affirm,
modify or set aside said order in accordance and consistent
with the evidence adduced at such hearing.
Any person aggrieved by any such final action of the
Commission may thereafter exercise the rights of judicial
review and appeal which are set forth in the statute
hereinabove cited.
(2.0) Section 8. Effective Date.
Regualtion XI shall become effective March 15, 1972.
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(4.3)
REGULATION XII
AMBIENT AIR QUALITY STANDARD FOR NITROGEN DIOXIDE
(2.0) Section 1. Anti-Degradation Policy.
1.01. In the best interests of the State of West Virginia, it
is the objective of the Commission to obtain and maintain
the cleanest air possible, consistent with the best
available technology.
Where the present ambient air is of better quality than
the established standards, the Commission will develop
long-range plans to protect the difference between the
present quality and the established standards. The plans
will be based upon the best available forecasts of
probable land and air used in such areas of high air
quality.
The air quality of these areas will not be lowered unless
it has been clearly demonstrated to the Commission that
such a change is justifiable as a result of necessary
economic or social development and will not result in
a statutory air pollution.
This will require that any industrial, public, or private
project of development which could constitute a new source
of air pollutants, within an area of such high air quality,
provide the best practicable control available under
existing technology as part of the initial project.
(1.0) Section 2. Definitions.
2.01. "Air Pollutants" shall mean solids, liquids, or gases .
which, if discharged into the air, may result in a
statutory air pollution.
2.02. "Air Pollution", 'statutory air pollution1, shall have the
meaning ascribed to it in Section Two of Chapter Sixteen,
Article Twenty of the Code of West Virginia, as amended.
2.03. "Commission1 shall mean the West Virginia Air Pollution
Control Commission.
2.04. "Person" shall mean any and all persons, natural or artifi-
cial, including any municipal, public, or private
corporation organized or existing under the law of this or
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2.05.
(4.3)
(9.0)
Section 4.
4.01.
(2.0)
any other state or country, and any firm, partnership,
or association of whatever nature.
"Standard Condtitiotts" shall mean, for the purposes of
this regulation, a temperature of 25°C and a pressure of
760 mi Hi-meters of mercury column.
2.06. "Ambient Air Quality Standard" shall mean the numerical
expression of a specified concentration level for a
particular air pollutant in the ambient air and the
time-averaging interval over which that concentration
level is measured.
Section 3.
Ambient Air Quality Standard
3.01. The following ambient air quality standard shall not be
exceeded at any sampling site:
Nitrogen Dioxide
Section 5.
Annual Arithmetic Mean - 100 micrograms per
cubic meter (0.05 parts per million)
Methods of Measurement. '
Nitrogen dioxide concentrations shall be determined by
any of the methods listed below or by such other methods
approved as equally of more specific, accurate, sensitive,
and reproducible by the West Virginia Air Pollution
Control Commission:
(a) The Jacobs-Hocheiser method
(b) The use of a continuous sampling and recording
instrument based on coulometric, colorimetric, or
an equivalent principle.
Effective Date.
Regulation XII shall become effective March 15, 1972.
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(3.0) REGULATION XIII
PERMITS FOR CONSTRUCTION, MODIFICATION. OR RELOCATION
OF STATIONARY SOURCES OF AIR POLLUTANTS. AND PROCEDURES
FOR REGISTRATION AND EVALUATION
(2.0) Section 1. Intent and Purpose.
1.01. To insure the attainment and maintenance of West
Virginia's primary and secondary ambient air quality
standards; to protect the difference between the present
air quality and the secondary standards in areas of high
air quality; and to insure compliance with West Virginia's
emission standards, it is the intent of the Commission to
register and evaluate sources of air pollutants and to
preclude the construction, modification, or relocation of
any direct and/or indirect affected source(s) in any
locality, in which the establishment of such source(s) may
interfere with the attainment or maintenance of these
standards, or which would lower the air quality in any
area unless it has been clearly demonstrated to the
Commission that such change is justifiable as a result
of necessary economic or social development and will not
result in a statutory air pollution.
The purpose of this regulation is to set forth the
procedures for registration and reporting, and the criteria
for obtaining a permit to construct a new direct and/or
indirect affected source within the State of West Virginia.
Such construction, modification, or relocation without
such a permit is a violation of this regulation. Sources
covered by this regulation are termed a direct or indirect
'affected source1 as herein defined.
(1.0) Section 2. Definitions.
2.01. "Air Pollutants" shall mean solids, liquids, or gases
which, if discharged into the air, may result in a
statutory air pollution.
2.02. "Discharge" shall refer to the release, escape, or
emission of air pollutants into the air.
2.03.. "Air Pollution", 'statutory air pollution', shall have
the meaning ascribed to it in Section Two of Chapter .
Sixteen, Article Twenty of the Code of West Virginia,
as amended.
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2.04. "Commission" shall mean the West Virginia Air Pollution
Control Commission.
2.05. "Director" shall mean the director of the West Virginia
Air Pollution Control Commission.
2.06. "Person" shall mean any and all persons, natural or
artificial, including any municipal, public or private
corporation organized or existing under the laws of this
or any other state or country, and any firm, partnership,
or association of whatever nature.
2.07. "Construction" shall mean the fabrication, erection, or
installation of a direct or indirect affected source. For
the purposes of this regulation, an expansion of an
existing direct affected source which increases the amount
of any discharge or results in any new discharge shall
be considered construction.
2.08. "Modification" for the purposes of this regulation is
defined as follows:
(a) "Direct Affected Source Modification" shall mean any
physical change in, or change in the method of
operation of, an existing direct affected source which
increases the amount of any discharge from such existing
source or results in any new discharge from such
existing source, for which the Commission has
promulgated an emission or ambient air quality
standard. However, the following actions shall not
constitute a modification of a direct affected source:
(1) An expansion of an existing direct affected source;
(2) Routine maintenance, repair, and replacement;
(3) An increase in hours of operation;
(4) An increase in the production rate if such
increase does not exceed the design capacity of
the affected source; or
(5) Use of an alternative fuel or raw material,
provided that prior to the effective date of this
regulation the affected source is designed to
accommodate such alternative use without increasing
emissions.
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(b) "Indirect Affected Source Modification";
(1) Any change is a parking facility located in a
Standard Metropolitan Statistical Area which
increases the parking capacity of such facility
by more than 500 cars;
(2) Any change in a parking facility located outside
of a Standard Metropolitan Statistical Area
which increases the parking capacity of such
facility by more than 1,000 cars;
(3) Any change which is predicted by a method approved
by the Director to increase the average annual
daily traffic volume on a road or highway section
located within a Standard Metropolitan Statistical
Area by 10,000 vehicles per day or more within
ten (10) years of modification; or
(4) Any change in an airport which is predicted by
a method approved by the Director to result
within ten (10) years of modification in an
increase of 50,000 or more takeoffs or landings
per year by any scheduled air carriers over
the existing volume of takeoffs or landings,
or increase of 1,600,000 or more passengers
per year.
2.09. "Relocation" shall mean the physical movement of a
direct and/or indirect affected source outside its existing
plant boundaries.
2.10. "Commenced" shall mean that an owner or operator has under-
taken a continuous program of physical site preparation,
construction, modification, or relocation, or that a binding
general construction contract has been entered into which
obligates one party to such contract to perform the physical
work involved in such program of construction, modification,
or relocation of a direct and/or indirect affected source.
Interruptions resulting from acts of God, strikes, or other
matters beyond the control of the owner shall be disregarded
in determining whether a construction, modification, or
relocation program is continuous.
2.11. "Direct Affected Source"
(a) Except.for the exemptions of Sub-Section 2.11(b), for
the purpose of this regulation, a 'direct affected
source' shall mean:
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(1) Any stationary source subject to any emission
regulation promulgated by the Commission; or
(2) Any stationary source which discharges, or may
discharge more than six (6) pounds per hour of
any air pollutant for which the Commission has
promulgated an ambient air quality standard; or
(3) Any source discharging, or which may discharge, a
hazardous pollutant(s) as defined by the Commission.
(b) However, for the purpose of this regulation, a 'direct
affected source1 shall not mean:
(1) Any fuel burning unit having a heat input
under ten (10) million B.T.U.'s (British Thermal
Units) per hour;
(2) Any internal combustion engines;
(3) Any normal and necessary operation associated
with the production of agricultural products grown
on the premises or livestock, dogs, cats, and
poultry grown on the premises; or
(4) Any other source of minor significance as may
be specified by the Commission.
2.12. "Indirect Affected Source"
For the purpose of this regulation an "indirect affected
source" shall mean:
(a) Any new parking area located in a Standard Metro-
politan Statistical Area with a capacity of 1,000
or more cars;
(b) Any new parking area located outside of a Standard
Metropolitan Statistical Area with a capacity or 2,000
cars of more;
(c) Any new airport which is predicted by a method
approved by the Director to have 50,000 or more takeoffs
or landings per year by regularly scheduled air
c?rriers, or use by 1,600,000 or more passengers
per year; or
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(d) Any new road or highway section located inside a
Standard Metropolitan Statistical Area which is pre-
dicted by a method approved by the Director to have
an average annual daily traffic volume within ten (10)
years of construction of 20,000 or more vehicles
per day.
2.13. "Standard Metropolitan Statistical Area" shall mean any
county or group of counties which contain at least one
city of 50,000 inhabitants or more, or twin cities with
combined total population of 50,000 inhabitants or more,
and any contiguous counties which are socially and
economically integrated with the central city.
2^14. "Stationary Source" shall mean, for the purpose of this
regulation, any building, structure, facility, or installation,
or combination thereof, whcih may directly emit or indirectly
cause to be emitted any air pollutant. Two designated
classes of stationary sources shall be "direct affected
source" and "indirect affected source".
Other words and phrases used in this regulation, unless
otherwise indicated, shall have the meaning ascribed to
them in Chapter Sixteen, Article Twenty, Section Two of
the Code of West Virginia, 1931, as amended, and any rules
or regulations promulgated thereunder;
(3.0) Section 3. Registration and Report Requirements for Direct Affected
' Sources on which Construction, Modification, or
Relocation Commenced Prior to the Effective Date
of this Regulation.
3.01. Not later than one hundred twenty (120) days after the !
effective date of this regulation all persons owning
and/or operating a direct affected source(s) shall register
such source(s) with the Commission unless such source(s)
has been previously registered.
The information required for registration shall be
determined and provided in the manner and on such forms as
specified by the Director. Registration forms shall be
requested from the Director, or his duly authorized
representative, by the owner and/or operator of such source(.s).
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3.02. The owner and/or operator of such a direct affected source
shall maintain data on the operation of the source and
the Director, or his duly authorized representative, may
request reports on such data in such resonable manner and
detail as the Director may specify. If requested, such
reports shall be filed within fifteen (15) days of the end
of the established reporting period. However, reports on
such data shall not exceed one (1) per month.
(3.0) Section 4. Permit Application and Report Requirements for Direct
and/or Indirect Affected Sources on which Construction,
Modification, or Relocation is Commenced After the
Effective Date of this Regulation.
4.01. No person shall cause, suffer, allow, or permit the con-
struction, modification, or relocation of any direct and/or
indirect affected source(s) to be commenced after the
effective date of this regulation without notifying the
Director of such intent and obtaining a permit(s) to so
construct, modify, or relocate the direct and/or indirect
affected source(s) as herein provided. Where an indirect
affected source is constructed, modified, or relocated
'in increments which individually are not subject to the
provisions of this regulation, all such increments occuring
since the effective date of this regulation shall be
added together for determining the applicability of this
regulation.
4.02. Not later than ninety (90) days, for construction or
modification of a direct and/or indirect affected source
or for relocation of an indirect affected source, or
forty-five (45) days for relocation of a direct affected
source , prior to the time that such construction,
modification, or relocation is commenced, the owner or
operator of the source shall file with the Director permit
application forms available from the Director. These
applications shall contain sufficient information as, in
the judgment of the Director, will enable him to determine
whether such souce construction, modification, or
relocation will be in conformance with the provisions of any
rules and regulations promulgated by the Commission. Such
information may include, but not be limited to, site
informftion, plans, descriptions, specifications, and
drawings relating to the proposed construction,
modification, or relocation of the direct and/or indirect
affected source and the manner in which it will be
operated and controlled.
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4.03. Each permit application shall be signed by the owner or
operator of the direct and/or indirect affected source, and
such signature shall constitute an agreement that the
applicant will assume responsibility for the construction,
modification, relocation, or operation of the direct and/or
indirect affected source in accordance with applicable
rules and regulations of the Commission.
4.04. Within ninety (90) days of the receipt of a permit
application for construction or modification of a direct
and/or indirect affected source or for relocation of an
indirect affected source, or within forty-five (45) days,
for relocation of a direct affected source, the Director
shall issue such permit unless he determines that the
proposed construction, modification, or relocation will
violate applicable emission standards, will interfere with
the attainment or maintenance of applicable ambient air
quality standards, or will be inconsistent with the intent
and purpose of this regulation, in which case he shall
issue an order for the prevention of such construction,
modification, or relocation. Failure to issue the permit
or such order within the time prescribed shall be deemed
a determination that such construction, modification, or
relocation may proceed: provided that it is in accordance
with the plans and specifications or other information
required to be submitted on the application required
herein.
4.05. When the Director denies a permit application for the
proposed construction, modification, or relocation of any
direct and/or indirect affected source, the order shall set
forth his reasons with reasonable specificity.
4.06. the Director may impose any reasonable conditions as part
of a granted construction, modification, or relocation
permit. Such conditions may include, but not be limited
to, the submission of periodic progress or operation
reports, the provisions of a suitable sampling site, and
the installation of pollutant monitoring devices.
(6.0) Section 5. Determination of Compliance of Direct Affected Sources
With Commission Rules and Regulations.
5.01. At the time a direct affected source is alleged to be in
compliance with an applicable emission standard, an
appropriate test consisting of visual determinations and/or
conventional in-stack measurements or such other tests as
the Director may specify shall be conducted to determine
such compliance.
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5.02.
(14.0) Section 6.
6.01,
6.02.
6.03.
(14.0) Section 7.
7.01.
At the request of the Commission the owner and/or
operator of a direct affected source shall install such
stack gas monitoring devices as the Director deems
necessary to determine continuing compliance. The data
from such devices shall be readily available at the source
location or such other reasonable location that the
Director may specify. At the request of the Director, or
his duly authorized representative, such data shall be made
available for inspection or copying. Failure to promptly
provide such data shall constitute a violation of this
regulation.
Public Review Procedures for Direct Affected Sources
The Director shall maintain for public review a permit
application list for direct affected sources containing
the name of the applicant, the type and location of the
source, and the proposed startup date. No permit shall be
issued to any applicant until he has been on the permit
application list for at least thirty (30) days for
construction of modification, or twenty-five (25) days
for relocation.
At the same time that an application for a direct affected
source permit is filed with the Director, the applicant
shall also place a legal advertisement in the paper of
general circulation in the area where the source is located.
The advertisement shall contain, as a minimum, the
name of the applicant, the type and the location of the
source, and the proposed startup date.
During the time periods specified in Sub-Section 6.01
that an applicant's name appears on the direct affected
source permit application list, the Director will receive
and evaluate written comments relating to the permit
application.
Public Review Procedures for Indirect Affected Sources
Within thirty (30) days after receipt, by the Director, of
a satisfactorily completed application for a permit for an
indirect affected source, the Director shall place a legal
advertisement in a paper of general circulation in the area
where the source is located. The advertisement shall contain,
as a minimum, the name of the applicant, the type and
location of the source, the proposed startup date, and
shall notify the public of its opportunity to comment upon
the proposed construction, modification, or relocation and
the public availability of information pertinent to the
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(3.0)
application.
7.02. The Director, at the time of notifying the public of its
opportunity to comment upon the proposed construction,
modification, or relocation of an indirect affected source,
shall make available for public review in at least one
location in the affected region such information as may
be provided by the owner or operator that is not of a
proprietary nature, as well as the Director's analysis
of the effect of the indirect affected source on air
quality, and his intention to grant or deny a permit.
7.03. Public comments submitted within thirty (30) days after
the Director's public notification of an opportunity for
comment upon a proposed construction, modification, or
relocation of an indirect affected source shall be considered
by the Director before making his final decision upon the
application.
The Director shall take final action on an application for
construction, modification, or relocation of an indirect
affected source within thirty (30) days after the close of
the public comment period.
Public Meetings.
Public meetings to receive comments on direct and/or
indirect permit applications will be held when the Director
deems it appropriate or when substantial interest is
expressed, in writing, by a significant number of persons
who might reasonably be expected to be affected by the
source in question.
8.02. The Director, the Commission, or a duly authorized employee
of the Corrmission shall preside over such meetings and
insure thc.t all interested parties have ample opportunity
to present comments. Such meetings shall be held at a
convenient place as near as practicable to the location
of the proposed source.
8.03. At a reasonable time prior to such meetings, the Director
shall provide appropriate information to news media in the
area whare the proposed source is to be located.
Section 9. Permit Transfer, Cancellation, and Responsibility
9.01. A permit shall not be transferable.
9.02. The Director will cancel or suspend a permit if, after
six (6) months from the date of issuance the holder of
7.04.
(14.0) Section 8.
8.01.
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the permit cannot provide the Director, at the Director's
. request, with written proof of a good faith effort that
such construction, modification, or relocation has
commenced. Such proof shall be provided not later than
thirty (30) days after the Director's request.
9.03. The Director may cancel or suspend a permit if the plans
and specifications upon which the approval was based
and/or the conditions established in the permit are not
adhered to.
9.04. Possession of a permit does not relieve any person of
the responsibility of complying with any and all applicable
rules or regulations of the Commission or any other
governmental agency.
(2.0) Section 10. Conflict With Other Rules or Regulations.
10.01. When a provision of this regulation conflicts with a
similar portion(s) of any rule or regulation previously
adopted by the Commission, the provision(s) of this
regulation shall apply.
(2.0) Section 11. Effective Date.
Regulation XIII (1974) shall become effective June 1, 1974, and
shall supersede Regulation XIII (1972) which was adopted by the
West Virginia Air Pollution Control Commission on the 5th day
of May, 1972, and became effective June 15, 1972, and was filed
with the Sectretary of State May 11, 1972.
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FEDERALLY PROMULGATED
REGULATIONS
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(6.0) 52.2524 (b) Federal Compliance Schedules.
(1) The owner or operator of any boiler or furnace
of more than 250 million BTU per hour heat input
subject to the emission limitation requirements
of West Virginia Administrative Regulation,
Chapter 16-20, Series X (hereinafter regulation X),
section 3.01(a) or section 3.03(a), shall notify
the Administrator, no later than October 1, 19/3,
of his intent to meet the requirements of said
regulation by utilizing low-sulfur fuel, stack
gas desulfurization, or a combination of stack
gas desulfurization and low-sulfur fuel.
(2) Any owner or operator of a stationary source
subject to subparagraph (1) of this paragraph who
elects to utilize low-sulfur fuel, either alone
or in combination with stack gas desulfurization,
shall be subject to the following compliance
schedule:
(i) November 1, 1973 - Submit to the Administrator
a projection of the amount of fuel, by types,
that will be substantially adequate to enable
compliance with the applicable regulation on
June 30, 1975, and for at least one year
thereafter.
(ii) December 31, 1973 - Sign contracts with fuel
suppliers for fuel requirements as projected
above.
(iii)January 31, 1974 - Submit a statement as to
whether boiler modifications will be required.
If modifications will be required, submit
plans for such modifications.
(iv) March 15, 1974 - Let contracts for necessary
boiler modifications, if applicable.
(v) May 15, 1974 - Initiate onsite modifications,
if applicable.
(vi) February 28, 1975 - Complete onsite modifica-
tions, if applicable.
(vii)June 30, 1975 - Final compliance with the
requirements of regulation X, section 3.01(a)
or section 3.03(a).
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(3) Any owner or operator of a stationary source
subject to subparagraph (1) of this paragraph
who elects to utilize stack gas desulfurization,
either alone or in combination with low-sulfur
fuel, and any owner or operator of a stationary
source subject to the emission limitation
requirements of regulation X, section 3.05,
shall be subject to the following compliance
schedule:
(i) October 15, 1973 - Let necessary contracts
for construction.
(ii) February 28, 1974 - Initiate onsite
construction.
(iii)February 28, 1975 - Complete onsite
construction.
(iv) June 30, 1975 - Final compliance with the
requirements of regulation X, section 3.01(a),
section 3.03(a), or section 3.05.
(4) The owner or operator of any boiler of furnace
of more than 250 million BTU per hour heat input
subject to the emission limitation requirements of
regulation X, section 3.01(b) or section 3.03(b)
shall notify the Administrator, no later than
July 31, 1975, of his intent to meet the
requirements of said regulation by utilizing low-
sulfur fuel, stack gas desulfurization, or a com-
bination of stack gas desulfurization and low-sulfur
fuel.
(5) Any owner or operator of a stationary source
subject to subparagraph (4) of this paragraph who
elects to utilize low-sulfur fuel, either alone
or in combination with stack gas desulfurization,
shall be subject to the following compliance
schedule:
(i) August 31, 1975 - Submit to the Administrator
a projection of the amount of fuel, by types,
that will be substantially adequate to
enable compliance with the applicable
regulation on June 30, 1978, and for at least
one year thereafter, as well as a statement
as to whether boiler modifications will be
required. Submit final plans for modifications
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if they will be required.
(ii) October 31, 1975 - Sign contracts with fuel
suppliers for fuel requirements as projected
above.
(iii)December 31, 1975 - Let contracts for necessary
boiler modifications, of applicable.
(iv) April 30, 1976 - Initiate onsite modifications,
if applicable.
(v) April 30, 1977 - Complete onsite modifications,
if applicable.
(vi) June 30, 1978 - Final compliance with the
requirements of regulation X, section 3.01(b) or
section 3.03(b).
(6) Any owner or operator of a stationary source
subject to subparagraph (4) of this paragraph who
elects to utilize stack gas desulfurization, either
alone or in combination with low-sulfur fuel, shall
be subject to the following compliance schedule:
(i) October 30, 1975 - Submit to the Administrator
a final control plan, which describes at a
minimum the steps which will be taken by the
source to achieve compliance with the appli-
cable regulations.
(ii) February 28, 1976 - Let necessary contracts for
construction.
(iii)August 31, 1976 - Initiate onsite construction.
(iv) December 31, 1977 - Complete onsite
construction.
(v) June 30, 1978 - Final compliance with the
requirements of regulation X, section 3.01(b)
or section 3.03(b).
(7) Any owner or operator subject to the compliance
schedule in subparagraph (2), (3), (5) or (6) of
this paragraph shall certify to the Administrator
within five days after the deadline for each
increment of progress, whether or not the required
increment of progress has been met.
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(8) If a performance test is necessary for a
determination as to whether compliance has been
achieved, such a test must be completed by the
final compliance date in the applicable
regulation. Ten days prior to such a test,
notice must be given to the Administrator to
afford him the opportunity to have an observer
present.
(9) (i) None of the above subparagraphs shall apply
to a source which is presently in compliance
with applicable regulation and which has
certified such compliance to the Administrator
by October 1, 1973. The administrator may
request whatever supporting information he
considers necessary for proper certification.
(ii) Any compliance schedule adopted by the State
and approved by the Administrator shall
satisfy the requirements of this paragraph
of the affected source.
(iii)Any owner or operator subject to a compliance
schedule in this paragraph may submit to the
Administrator no later than October 1, 1973,
a proposed alternative compliance schedule.
No such compliance schedule may provide for
final compliance after the final compliance
date in the applicable compliance schedule
of this paragraph. If promulgated by the
Administrator, such schedule shall satisfy the
requirements of this paragraph for the
affected source.
(iv) The requirements of this paragraph shall not
apply to the following sources for which a
request for a post-ponement of the applica-
bility of regulation X had been submitted
pursuant to section 110(f) of the Act prior to
the date of publication of this regulation:
Source Location
Rammer Station, Ohio Power Company Moundsville
Mitchell Station, Ohio Power Company Moundsville
Harrison Station, Monongahela Haywood
Power Company
fort Martin Station, Monongahela Maidsville
Power Company
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(10) Nothing in this paragraph shall preclude the
Administrator from promulgating a separate
schedule for any source to which the application
of the compliance schedule in subparagraphs (2),
(3), (5), or (6) of this paragraph fails to satisfy
the requirements of 51.15 (b) and (c) of this
chapter.
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(17.0) 52.2528 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The phrase "Administrator" means the Administrator of the Envi-
' ronmental Protection Agency or his designated representative.
(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(6) "Construction" means fabrication, erection or installation of a
stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
erence into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
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(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations
Pollutant Class I Class II
(ug/m3) (ug/m3)
Parti oil ate matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
III shall be limited to concentrations~of"particulate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States have
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (11) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv*
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
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(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re- i
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A.
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source which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
(it) Coal Cleaning Plants.
(111) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(i) The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (1i) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; and
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
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Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
pro vab Hi ty of the source. .
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(iv) Public comments submitted In writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public inspection in at least one
location in the region in which the source would be located.
(v) The Administrator shall take final action on an applica^
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated.
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(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (v) of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy and all local, State, and Federal regulations which are part
of the applicable State Implementation Plan.
(f) Delegation of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
(i) Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired by paragraph (d) of this section.
(ii) A copy of the notice pursuant to paragraph (e) (1) (ii)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
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(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source
review pursuant to this section shall not be delegated, other than
to a regional office of the Environmental Protection Agency, for
new or modified sources which are owned or operated by the Federal
government or for new or modified sources locate'd on Federal lands;
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur*
suant.to leasing or other Federal agreements, thje Federal land
Manager may at his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources which are located
on Indian reservations except where the State has assumed juris-
diction over such land under other laws, in which case the Admin-
istrator may delegate his authority to the States in accordance
with subparagraphs (2), (3), and (4) of this paragraph.
(39 FR 42514, Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
2975; 40 FR 42012, Sept. 10, 1975)
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