CSR 45-7-14. Disposition of Rule; Severability

§45-7-14. Disposition of Rule; Severability. 14.1. 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 Reg. 33840 (2015 SSM SIP Call) is withdrawn by the U.S. EPA, is invalidated by a court of competent jurisdiction, and/or is invalidated by an act of the West Virginia Legislature or United States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. 14.2. 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 Reg. 23356 (45CSR1 2023 Disapproval) is withdrawn by the U.S. EPA, is invalidated by a court of competent jurisdiction, and/or is invalidated by an act of the West Virginia Legislature or United States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. 14.3. 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 Reg. 23353 (2023 FFS) is withdrawn by the U.S. EPA, is invalidated by a court of competent jurisdiction, and/or is invalidated by an act of the West Virginia Legislature or United States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. 14.4. In the event the 2015 SSM SIP Call, 45CSR1 2023 Disapproval, and/or the 2023 FFS is withdrawn by the U.S. EPA, is invalidated by a court of competent jurisdiction, and/or is invalidated by an act of the West Virginia Legislature or United States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 requirements § 45-7-12.1 and revert to the August 31, 2000 requirements found at §§ 45-7-9.1, -10.3, and -10.4. Table 45-7A. 1. For a process weight between any two consecutive process weights stated in this table, the emission limitation shall be determined by linear interpolation. 2. Type 'd' source operation stack emission rates do not apply to mineral acids. See subsection 4.2. Table 45-7B Operating Source Operation or Total Duplicate Source Operation Process Weight Rate in Pounds Per Hour1 Type ‘a’ Type ‘b’ Type ‘c’ Type ‘d’2 0 0 0 0 0 2,500 3 3 9 0.2 5,000 5 5 13 0.8 10,000 10 10 19 1.8 20,000 16 16 26 4.0 30,000 22 22 32 6.2 40,000 28 28 36 8.3 50,000 31 31 40 10.5 100,000 33 33 54 21.2 200,000 37 37 70 21.2 300,000 40 40 80 21.2 400,000 43 46 88 21.2 500,000 47 53 94 21.2 600,000 50 62 99 21.2 700,000 50 71 99 21.2 800,000 50 79 99 21.2 900,000 50 88 99 21.2 1,800,000 and above 50 176 99 21.2 Mineral Acid Allowable stack gas concentration in milligrams per dry cubic meter at standard conditions from source operations or duplicate source operations in existence on July 1, 1970 Allowable stack gas concentration in milligrams per dry cubic meter at standard conditions from source operations or duplicate source operations installed after July 1, 1970 Sulfuric Acid Mist 70 35 Nitric Acid Mist and/or Vapor 140 70 Hydrochloric Acid Mist and/or Vapor 420 210 Phosphoric Acid Mist and/or Vapor 6 3