CSR 45-1-3. Alternative Emission Limitation

§45-1-3. Alternative Emission Limitation. 3.1. The Secretary may establish an alternative emission limitation as a practically enforceable permit condition for any person(s) subject to this rule, in accordance with the requirements of 45CSR13, 45CSR14, and 45CSR19 as applicable. 3.2. An alternative emission limitation may be a numerical limitation, a technological control requirement, or a work practice requirement that would apply during periods of startups, shutdowns, or maintenance as a component of the continuous allowable emission limitation. 3.3. An alternative emission limitation may be composed of a combination of numerical limitations, specific technological control requirements or work practice requirements with each component of the emission limitation applicable during a defined mode of source operation. The alternative emission limitation in conjunction with the permit limitations that apply during normal modes of operation must provide for continuous compliance and must meet the applicable stringency requirements. 3.4. An alternative emission limitation that is expressed as a numerical limitation does not require the same numerical level of emissions as in all normal modes of operation. However, an alternative emission limitation during periods of startup, shutdown, or maintenance shall not be effectively unlimited or an uncontrolled level of emissions, as such would constitute impermissible de facto exemptions for emissions during startup, shutdown, or maintenance. 3.5. The Secretary shall use the criteria in Section 5 of this Rule to develop an alternative emission limitation during periods of startup, shutdown, or maintenance. 3.6. A person(s) shall not receive an alternative emission limitation without first obtaining a permit in accordance with the provisions of W. Va. Code § 22-5-1 et seq., and 45CSR13, 45CSR14, and 45CSR19 as applicable.