CSR 45-5-17. Disposition of Rule; Severability

§45-5-17. Disposition of Rule; Severability. 17.1. In the event the U.S. EPA’s June 12, 2015 “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,” at 80 Fed. Reg. 33840 (2015 SSM SIP Call) is withdrawn by the U.S. EPA, is invalidated by a court of competent jurisdiction, and/or is invalidated by an act of the West Virginia Legislature or United States Congress, the Secretary may terminate any permit or section of an existing permit issued pursuant to this rule. 17.2. In the event the U.S. EPA’s April 17, 2023 “Air Plan Disapproval; West Virginia; Revision to the West Virginia State Implementation Plan To Add the Startup, Shutdown, Maintenance Rule 45CSR1—Alternative Emission Limitations During Startup, Shutdown, and Maintenance Operations,” at 88 Fed. Reg. 23356 (45CSR1 2023 Disapproval) is withdrawn by the U.S. EPA, is invalidated by a court of competent jurisdiction, and/or is invalidated by an act of the West Virginia Legislature or United States Congress, the Secretary may terminate any permit or section of an existing permit issued pursuant to this rule. 17.3. In the event the U.S. EPA’s April 17, 2023 “West Virginia; Finding of Failure To Submit State Implementation Plan Revision in Response to the 2015 Findings of Substantial Inadequacy and SIP Calls To Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown, and Malfunction,” at 88 Fed. Reg. 23353 (2023 FFS) is withdrawn by the U.S. EPA, is invalidated by a court of competent jurisdiction, and/or is invalidated by an act of the West Virginia Legislature or United States Congress, the Secretary may terminate any permit or section of an existing permit issued pursuant to this rule. 17.4. In the event the 2015 SSM SIP Call, 45CSR1 2023 Disapproval, and/or the 2023 FFS is withdrawn by the U.S. EPA, is invalidated by a court of competent jurisdiction, and/or is invalidated by an act of the West Virginia Legislature or United States Congress, the Secretary may sever requirement § 45-5-15.1 and revert to the August 31, 2000 requirements found at §§ 45-5-13.1, -13.2 and -13.3. 1.0. Particulate Emission Limitations Applicable to Thermal Dryers Installed Before October 25, 1974. 1.1. Thermal dryers installed on or before March1, 1970, shall not exceed the emission limitations of Table 45-5-A: Table 45-5-A 1.2. Thermal dryers installed after March 1, 1970, but before October 24, 1974 shall not exceed the emission limitations of Table 45-5-B: Table 45-5-B 1.3. For the volumetric flow rate between any two consecutive volumetric flow rates stated in subsection 1.1. and subsection 1.2. of Appendix 45-5, limitations shall be as determined by linear interpolation. For the purpose hereof, the total volumetric flow rate shall be the total standard cubic feet of dry gas passed through all thermal dryers at one plant location. This value shall be determined by methods which are acceptable to the Secretary. 1.4. When modifications were made to plants after March 1, 1970 but before October 24, 1974, that resulted in a significant increase in the total gas volume passing through a thermal dryer(s), said dryer(s) will be subject to the emission limitations of subsection 1.2. of Appendix 45-5 even though such modifications do not include the installation of a new thermal dryer(s). 2.0. Monitoring of Operations Applicable to Thermal Dryers Installed Before October 25, 1974. 2.1. A monitoring device for the continuous measurement of the temperature of the gas stream at the exit of the thermal dryer. The monitoring device is to be certified by the manufacturer to be accurate within plus or minus 3°F. 2.2. For thermal dryers that use venturi scrubber emissions control equipment: 2.2.1. A monitoring device for the continuous measurement of the pressure loss through the venturi constriction of the control equipment. The monitoring device is to be certified by the manufacturer to be accurate within plus or minus 1 in. water gauge. 2.2.2. A monitoring device for the continuous measurement of the water supply pressure to the control equipment. The monitoring device is to be certified by the manufacturer to be accurate within plus or minus 5% design water supply pressure. The pressure sensor must be located close to the water discharge point or at such point as approved by the Secretary. 2.3. All monitoring devices required under subsection 2.2. of Appendix 45-5 are to be recalibrated at least once annually. Total Plant Volumetric Flow Rate (Standard Cubic Feet Per Minute) Maximum Allowable Particulate Loading Per Dryer (Grains Per Standard Cubic Foot) 120,000 or less 0.12 172,000 0.11 245,000 0.10 351,000 0.09 500,000 and above 0.08 Total Plant Volumetric Flow Rate (Standard Cubic Feet Per Minute) Maximum Allowable Particulate Loading Per Dryer (Grains Per Standard Cubic Foot) 75,000 or less 0.10 111,000 0.09 163,000 0.08 240,000 and above 0.07