CSR 45-44-5. Permit requirements, standards of performances and compliance periods

§45-44-5. Permit requirements, standards of performances and compliance periods. 5.1. After U.S. EPA’s approval of a comprehensive West Virginia State Plan, no person may operate any affected steam generating unit meeting the applicability requirements set forth in section 3 without obtaining a permit in accordance with this rule and the procedural requirements of 45CSR13. 5.2. A separate permit shall be issued by the Secretary for the sole purpose of complying with this rule. The Secretary may issue a single permit for multiple affected steam generating units located within the same site. 5.3. The Secretary shall establish a standard of performance for each affected steam generating unit in a permit issued pursuant to this rule and the procedural requirements of 45CSR13. Each standards of performance shall: 5.3.a. Include a rate-based limit relating the mass of carbon dioxide emitted per unit of output energy (e.g. pounds of CO2 emitted per MWh); 5.3.b. Specify whether the unit of energy in the rate-based limit is in terms of gross or net energy output; and 5.3.c. Reflect the degree of emission limitation achievable through application of heat rate improvements used to calculate the standard after the applicability of each of the heat rate improvements were considered by the Secretary. 5.3.d. The Secretary may establish multiple limitations or requirements for different time periods or operational condition provided each limitation or requirements is clearly defined and technically accurate. 5.4. The Secretary may consider remaining useful life or other source-specific factors when determining the standard of the performance for the affected steam generating unit based on the factors identified in subsection 4.5. If the Secretary considers remaining useful life, the time frame should not exceed five years, and the shutdown date shall be specified in the permit. 5.5. The Secretary shall establish monitoring, recordkeeping, and reporting requirements and shall establish compliance requirements in a permit issued pursuant to this rule and the procedural requirements of 45CSR13. 5.6. The Secretary shall establish a compliance period for each standard of performance in a permit issued pursuant to this rule and the procedural requirements of 45CSR13. 5.6.a. The compliance period must reflect the degree of emission limitation achievable through application of the heat rate improvements used to calculate the standard of performance. 5.6.b. The compliance period must include the averaging period and a compliance date. 5.6.c. If the compliance date for any affected steam generating unit is later than July 8, 2024, the Secretary shall establish legally enforceable increments of progress to monitor progress toward final compliance. 5.7. The owner or operator of an affected steam generating unit shall notify the Secretary in writing if an affected steam generating unit ceases to meet the applicability requirements established in section 3 within 30 days of the change.