CSR 45-11-8
CSR 45-11-8. Inconsistency Between Rules
Cite as W. Va. Code R. § 45-11-8
§45-11-8. Inconsistency Between Rules.
8.1. In the event of any inconsistency between this rule and any other rule of the Director, the resolution of such inconsistency shall be resolved by the determination of the Director and such determination shall be based upon the application of the more stringent provision, term, condition, method, or rule.
POLLUTANT TABLE 45CSR11
POLLUTANT
Photo-
REGION Particulate Sulfur Carbon Nitrogen Chemical Hydro-
Matter Oxides Monoxide Dioxide Oxidants Carbons
(Ozone)
Region I* I I III III III III
Region II* I II III III III III
Region III* I III III III III III
Region IV I III III III III III
Region V III III III III III III
Region VI I III III III III III
Region VII* I I III III III III
Region VIII III III III III III III
Region IX III III III III III III
Region X III III III III III III
* Interstate Regions
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
1. Coal or oil-fired electric a. Substantial reduction by utilization
power generating facilities of fuels having low ash and sulfur content.
b. Substantial reduction by diverting electric power generation to facilities outside of Alert Area.
c. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric turbulence for boiler lancing and soot blowing.
TABLE I (Cont'd)
Source of Air Pollution Control Action
2. Coal and oil-fired process a. Substantial reduction by utilization
steam generating facilities of fuels having low ash and sulfur content.
b. Substantial reduction of steam load demands consistent with continuing plant operations.
c. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric turbulence for boiler lancing and soot blowing.
3. Manufacturing industries of a. Substantial reduction of air pollutants from
the following characteristics: manufacturing operations by curtailing,
postponing, or deferring production and
Primary Metals Industry allied operations.
Petroleum Refining Operations
Chemical Industries b. Maximum reduction by deferring trade waste
Mineral Processing Industries disposal operations which emit solid particles,
Paper and Allied Products gases, vapors, or malodorous substances.
Grain Industry
c. Maximum reduction of heat load demands for processing.
d. Maximum utilization of mid-day (12 noon
to 4 p.m.) atmospheric turbulence for
boiler lancing and soot blowing.
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.
5. The operation of coal or wood stoves should be limited to daylight hour use only except in homes or buildings where the stoves are the sole source of heat.
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
1. Coal or oil-fired electric a. Maximum reduction by utilization
power generating facilities utilization of fuels having lowest ash and sulfur content.
b. Maximum reduction by diverting electric power generation to facilities outside of Warning area.
c. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric turbulence for boiler lancing and soot blowing.
TABLE II (Cont'd)
Source of Air Pollution Control Action
2. Coal and oil-fired process a. Maximum reduction by utilization
steam generating facilities of fuels having lowest available ash and sulfur content.
b. Substantial reduction of steam load demands consistent with continuing plant operations
c. Making ready for use a plan of action to be taken if an emergency develops.
d. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric turbulence for boiler lancing and soot blowing.
3. Manufacturing industries a. Maximum reduction of air
which require considerable contaminants from manufacing
lead time for shut-down operations by, if necessary,
including the following assuming reasonable economic
classifications: hardships by postponing production and allied operations.
Petroleum Refining
Chemical Industries b. Maximum reduction by deferring
Primary Metals Industries trade waste disposal operations
Glass Industries which emit solid particles, gases
Paper and Allied Products malodorous substances.
c. Maximum reductions of heat load demands for processing.
d. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric turbulence for boiler lancing and soot blowing.
TABLE II (Cont'd)
Source of Air Pollution Control Action
4. Manufacturing industries a. Elimination of air pollutants from
which require relatively manufacturing operations by
short lead times for shut- ceasing, curtailing, postponing or
down including the following deferring production and allied
classifications: operations to the extent possible without causing injury to persons or damage to equipment.
Primary Metals Industries
Chemical Industries b. Elimination of air pollutants from
Mineral Processing Industries trade waste disposal processes
Grain Industry which emit solid particles, gases, vapors, or malodorous substances.
c. Maximum reduction of heat load demands for processing.
d. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric turbulence for boiler lancing and soot blowing.
TABLE III - EMISSION REDUCTION PLANS
Emergency 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 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 avoid emergent physical harm.
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 merchandise 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 those 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 government, authorities, joint meetings and other public bodies to be vital for public safety and welfare 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.
g. Banks, credit agencies other than banks, securities and commodities brokers, dealers, 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; photographic studios; beauty shops, barber shops, shoe repair shops.
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.
TABLE III (Cont'd)
l. 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.
6. The operation of coal or wood stoves is discouraged except in homes where the stoves are the sole source of heat.
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:
Source of Air Pollution Control Action
1. Coal or oil-fired electric a. Maximum reduction by utilization
power generating facilities of fuels having lowest ash and sulfur content.
b. Maximum reduction by diverting electric power generation to facilities outside of Emergency area.
c. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric turbulence for boiler lancing and soot blowing.
TABLE III (Cont'd)
Source of Air Pollution Control Action
2. Coal and oil-fired process a. Maximum reduction by reducing
steam generating facilities heat and steam demands to absolute necessities consistent with preventing equipment damage.
b. Taking the action called for in the emergency plan.
c. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric turbulence for boiler lancing and soot blowing.
3. Manufacturing industries of a. Elimination of air pollutants from
the following classifications: manufacturing operations by ceasing, curtailing, postponing, or deferring
production and allied operations to
Primary Metals Industries the extent possible without causing
Petroleum Refining injury to persons or damage to
Chemical Industries equipment.
Mineral Processing Industries
Grain Industry b. Elimination of air pollutants from trade
Paper and Allied Products 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 mid-day (12 noon to 4 p.m.) atmospheric turbulence for boiler lancing and soot blowing