West Virginia's minor source air permitting program is enacted through 45CSR13. Air toxics are addressed, along with other regulated air pollutants, in this rule. Information on 45CSR13 permitting requirements may be found on the NSR (45CSR13) Preconstruction Permits web page. Some of the ways in which air toxics are addressed in 45CSR13 include:
Any source that proposes to have the potential to emit before controls at or above 2 lbs./hr. or 5 tons/year of HAPs considered on an aggregated basis, either through a modification or new construction, is required to obtain a preconstruction permit under 45CSR13.
Sources are required to identify and quantify all HAP emissions associated with a proposed project and include them with supporting calculations as part of the 45CSR13 permit application review process.
Sources that will be subject to any substantive requirement of an emission control rule promulgated by the Director (including a NSPS, NESHAP or MACT standard) are also required to obtain a preconstruction permit under 45CSR13.
A new or reconstructed source that proposes potential emissions increases of 10 tons/year of any single HAP or 25 tons/year of combined HAPs and that is not already regulated by a MACT standard may be subject to case-by-case MACT.
Table 45-13A lists 19 specific air toxics and associated maximum potential annual plantwide emissions limits over which would require a facility to obtain a 45CSR13 permit. All 19 compounds listed in Table 45-13A are also included in U. S. EPA's list of HAPs.
14 of the compounds listed in Table 45-13A are Toxic Air Pollutants (TAPs) as defined by 45CSR27. The remaining 5 compounds listed in Table 45-13A are metals also addressed in 45CSR7 - arsenic compounds (inorganic), asbestos, beryllium, lead or lead compounds and mercury - and some sources with maximum potential annual plantwide emissions over the listed amounts are required to obtain a 45CSR13 permit.
Any source already over the quantities listed in Table 45-13A that proposes a change that will result in an emissions increase of a pollutant listed in Table 45-13A of 10 percent or more of the amount set forth in the table is required to obtain a permit per 45CSR13.
Note: Even if there will be an emissions increase of less than 10 percent of the amount set forth in Table 45-13, such a source still required to comply with 45CSR27 which may include obtaining a permit per 45CSR13.
Finally, the DAQ may determine that a source (not otherwise subject to this rule) should be made subject to the permitting requirements of 45CSR13 to prevent statutory air pollution (45CSR13, Section 14).