W. Va. Code R. § 45-13B-4

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 45-13B-4 - Additional Facilities Exempt from Permitting

4.1. The owner or operator of a laboratory that does not qualify for the exemption set forth in section 3 shall be exempt from the permitting requirements under 45CSR13 provided the owner or operator meets all of the following conditions:

4.1.a. Laboratory activities shall be conducted in accordance with a written Good Laboratory Practices Plan, developed and implemented by the source, which sets forth procedures, equipment, and work practices which (with respect to regulated air pollutants):

4.1.a.1. Are capable of protecting the environment from activities occurring at that particular operation;

4.1.a.2. Include standard operating procedures relevant to environmental considerations to be followed when research and development work involves the emission of regulated air pollutants; and

4.1.a.3. Include, where appropriate, the following control measures that will be used to minimize the emission of regulated air pollutants:

4.1.a.3.A. Procedures to mini-mize emissions of regulated air pollutants from equipment vents;

4.1.a.3.B. Procedures to minimize emissions of regulated air pollutants from equipment leaks;

4.1.a.3.C. Containers which have the potential to emit regulated air pollutants shall be kept closed when not in use; and

4.1.a.3.D. Procedures to estimate and record the actual emissions of regulated air pollutants, including supporting calculations and the date and duration of emissions, unless alternative procedures are approved in writing by the Secretary;

4.1.b. The Good Laboratory Practices Plan shall be maintained on-site at all times and be made available to the Secretary upon request;

4.1.c. The Secretary has made no determination that the laboratory facility causes statutory air pollution;

4.1.d. The specific laboratory operation shall be located at least 100 feet from any public recreational area or private residence unless waived by the owner thereof or waived in an easement that runs with the land on which such residence or recreation area is located;

4.1.e. The total input of materials to the laboratory facility (excluding water, steam, nitrogen, hydrogen, oxygen and chemicals which are not capable of emitting regulated air pollutants under 45CSR13), taking into account actual planned operating hours and conditions, does not exceed the following criteria:

4.1.e.1. One hundred forty-four (144) pounds per any rolling 24-hour time period; or

4.1.e.2. Five hundred (500) pounds per day, provided the actual emissions of regulated air pollutants do not exceed any threshold amounts under subdivisions 2.17 or 2.24 of 45CSR13; and

4.1.f. The owner or operator shall make a case-specific demonstration describing how total input of materials will be determined, which demonstration may include limitations on operating practices, training, engineering or administrative controls. The owner or operator may submit the demonstration to the Secretary for approval. Records of the demonstration shall be maintained on-site at all times that the laboratory facility is relying on such 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-4