Sec. 45-7-10 - Exemptions

ยง 45-7-10. Exemptions

10.1. Provisions of this rule shall not apply to particulate matter emissions regulated by Title 45, Series 2, 3, and 5 or to mobile internal combustion engines and aircraft.

10.2. Fugitive particulate matter emissions from any manufacturing processes and associated operations which are subject to this rule shall be exempt from the provisions of 45CSR17, provided that such sources shall not be exempt from the provisions of W.Va. Code ''22-5-1 et seq., including the provisions of '22-5-3 relating to statutory air pollution.

10.3. Maintenance operations shall be exempt from the provisions of section 4 provided that at all times the owner or operator shall conduct maintenance operations in a manner consistent with good air pollution control practice for minimizing emissions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Director which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures and inspection of the source.

10.4. An owner or operator may apply for an alternative visible emission standard for start-up and shutdown periods, on a case-by-case basis, by filing a written petition with the Director. The Director may approve an alternative visible emission standard for start-ups and shutdowns to the visible emission standard required under section 3. The petition shall include a demonstration satisfactory to the Director:

10.4.a. That it is technologically or economically infeasible to comply with section 3;

10.4.b. That establishes the need for approval of a start-up or shutdown plan based upon information including, but not limited to, monitoring results, opacity observations, operating procedures and source inspections.

10.4.c. That the particulate matter weight emission standards under section 4 are being met, as determined in accordance with 45CSR7A - "Compliance Test Procedures For 45CSR7 - To Prevent and Control Particulate Air Pollution From Manufacturing Process Operations"; and

10.4.d. That during periods of start-ups and shutdowns the owner or operator shall, to the extent practicable, maintain and operate any manufacturing process including associated air pollution control equipment in a manner consistent with good air pollution control practice for minimizing emissions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Director which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures and inspection of the source.

10.5. The owner or operator of a manufacturing process shall be exempt from subsection 4.1 for source(s) of emissions that have a potential to emit less than one (1) pound per hour of particulate matter and an aggregate of less than one thousand (1000) pounds per year for all such sources of particulate matter located at the stationary source. Particulate matter, for the purposes of this subsection, will not include particulate matter classified as hazardous air pollutants pursuant to 42 U.S.C. '7412(b).

10.6. The owner or operator of a manufacturing process shall be exempt from subsection 4.2 for source(s) of emissions that have a potential to emit less than one tenth of a pound (0.1) per hour of mineral acids and an aggregate of less than one hundred (100) pounds per year for all sources of mineral acids located at the stationary source. The Director may approve in a permit or consent order an alternative exemption from subsection 4.2 for source(s) of emissions that can demonstrate on a case-by-case basis that their emissions are insignificant.

10.7. Notwithstanding any other provisions in this rule, the Director may revoke any and all exemptions, except for subsections 10.1 and 10.2. The Director shall notify the affected source(s) in writing that an exemption will be revoked, effective date thereof, and the reasons therefore.

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