CSR 45-19-1. General

45-19-1. General. 1.1. Scope. -- This rule establishes and adopts a preconstruction permit program to satisfy the requirements of 172(c)(5) and 173 of the Clean Air Act (CAA) and the permit requirements of 40 CFR 51.165 for any area designated nonattainment for any national ambient air quality standard under 40 CFR Part 81, Subpart C. This preconstruction permit program shall apply to any new major stationary source or major modification that is major for the pollutant for which the area is designated nonattainment under 107(d)(1)(A)(i) of the CAA, if the stationary source or modification would locate anywhere in the designated nonattainment area. 1.1.a. It is the intent of the Secretary that all applications filed by any person to construct major new or modified stationary air pollution sources, intending to locate in areas with air quality worse than the levels set to protect the public health and welfare, or that might impact those areas, must adequately meet the pre-construction review procedures and conditions of the Clean Air Act as amended and this rule. 1.1.b. These conditions are designed to ensure that the major new or modified sources emissions will be controlled to the greatest degree practicable; that more than equivalent offsetting emission reductions will be obtained from existing sources; that there will be progress toward achievement of the National Ambient Air Quality Standards; and that all applicable air pollution regulations adopted by the Secretary will be met. 1.2. Authority. -- W. Va. Code 22-5-4. 1.3. Filing Date. -- May 1, 2012. 1.4. Effective Date. -- June 1, 2012. 1.5. Federal Regulation. -- Unless otherwise indicated, where reference to a federal regulation or standard appears in this rule, such regulation or standard will, for the purpose of this rule, be construed as that version which was in effect as of June 1, 2011. 1.6. Former Rules. -- This legislative rule amends 45CSR19 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution Which Cause or Contribute to Nonattainment which was filed June 16, 2011 and became effective June 16, 2011.