CSR 45-1-5

CSR 45-1-5. Criteria

SupersededLast amended: 2017Length: 316 wordsOfficial source

Cite as W. Va. Code R. § 45-1-5

§45-1-5. Criteria. 5.1. The Secretary shall use the following criteria to evaluate proposed alternative emission limitation(s) in accordance with Section 3 and 4 of this Rule; to develop alternative emission limitation(s) as permit requirements; and to include in the permit the recordkeeping and reporting requirements set forth in Section 6 below. 5.1.a. An alternative emission limitation shall be limited to a specific emission unit using a specific control strategy (e.g., cogeneration facilities burning natural gas and using selective catalytic reduction); 5.1.b. Verify that the emission limit that applies during normal operation of the emission unit is not achievable during periods of startup, shutdown, or maintenance; 5.1.c. An alternative emission limitation requires that the frequency and duration of operation during periods of startup, shutdown, or maintenance are minimized to the greatest extent practicable; 5.1.d. Evaluate the potential worst-case emissions that could occur during periods of startup, shutdown, or maintenance based on the alternative emission limitation(s); 5.1.e. An alternative emission limitation requires that all practical steps are taken to minimize the impact of emissions on ambient air quality during periods of startup, shutdown, or maintenance; 5.1.f. Require practically enforceable monitoring parameters and records to ensure compliance with the alternative emission limitation(s). 5.2. An alternative emission limitation requires that, at all times, the source is operated in a manner consistent with good practice for minimizing emissions and that sources use best efforts regarding planning, design, and operating procedures. An alternative emission limitation shall not be established as a generic requirement, such as a “general duty to minimize emissions” provision or an “exercise good engineering judgement” provision. While such provisions may serve an overarching purpose of encouraging sources to design, maintain, and operate their sources correctly, such generic clauses are not a valid substitute for more specific emission limitations. A general duty clause may be part of a work practice standard, but may not stand-alone as the work practice standard.
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