CSR 45-1-1. General

§45-1-1. General. 1.1. Scope. – This rule sets forth the criteria for establishing an alternative emission limitation during periods of startup, shutdown, or maintenance. This rule was developed in response to “State Implementation Plans: Response to Petition for Rulemaking; Restatement and Update of EPA’s SSM Policy Applicable to SIPs; Finding of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown and Malfunction,” 80 Fed. Reg. 33840 (June 12, 2015). The “SSM SIP Call” from the United States Environmental Protection Agency (U.S. EPA) for West Virginia and 35 other states finds that certain SIP provisions are substantially inadequate to meet federal Clean Air Act requirements concerning periods of startup, shutdown, or malfunction. 1.2. Authority. -- W.Va. Code § 22-5-4. 1.3. Filing Date. --May 15, 2017. 1.4. Effective Date. -- June 1, 2017. 1.5. Applicability. 1.5.a. Person(s) subject to 45CSR2, 45CSR3, 45CSR5, 45CSR6, 45CSR7, 45CSR10, 45CSR21 or 45CSR40 who may have excess emissions during periods of startup, shutdown, or maintenance and cannot meet an allowable emission limit indicative of normal operations may request an alternative emission limitation in accordance with Section 3 of this Rule. The alternative emission limitation would be a component of the continuous allowable emission limitation. 1.5.b. Person(s) subject to 45CSR16 or 45CSR34 shall meet the applicable startup and shutdown provisions of the applicable federal rule and are not eligible for an alternative emission limit under this rule for affected sources.