Statutes, codes, and regulations
West Virginia Administrative Code
Agency 45 - Air QualityTitle 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY
Series 45-13B - The Permitting Of Laboratory Facilities Under 45CSR13
Section 45-13B-3 - Facilities Exempt from Permitting

W. Va. Code R. § 45-13B-3

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Current through Register Vol. XLII, No. 1, January 3, 2025
Section 45-13B-3 - Facilities Exempt from Permitting
3.1. Facilities defined as "bench-scale laboratory equipment" under subsection 2.1 shall be exempt from permitting requirements under 45CSR13 as de minimus sources included in No. 7 of Table 45-13B of 45CSR13.
3.2. The owner or operator of bench-scale research and development equipment designed to have a total input of no more than twenty-five (25) pounds of material which could be emitted into the air (excluding water, steam, nitrogen, hydrogen, oxygen, and chemicals which are not capable of being emitted as regulated air pollutants under 45CSR13) per any calendar day, including vacuum-producing devices, and any associated devices to capture and collect emissions from any such equipment or devices, shall be exempt from permitting requirements under 45CSR13. A demonstration of eligibility for this exemption shall be made by the owner or operator of such equipment in the following manner:
3.2.a. Make a case-specific demonstration of eligibility describing how total input of materials will be determined, which demonstration may include limitations on operating practices, training, engineering or administrative controls; or
3.2.b. Make an alternative demonstration of eligibility describing how total input of materials will be determined, which demonstration may include the kind of limitations and controls described in subdivision 3.2.a.
3.3. Case-specific determinations of eligibility under subdivision 3.2.a shall be maintained on-site at all times that the laboratory is relying on the demonstration and for at least an additional two (2) years thereafter and shall be available to the Secretary upon request. Alternative demonstrations of eligibility under subdivision 3.2.b shall be maintained on-site at all times that the laboratory is relying on the alternative demonstration and for at least an additional two (2) years thereafter and shall be available to the Secretary upon request.

W. Va. Code R. § 45-13B-3