This rule establishes emission limitations for smoke and particulate matter which are discharged from fuel burning units. The Appendix to this rule incorporates compliance determination methods and procedures.
This rule was part of the original State Implementation Plan (SIP) package in 1972. This rule is a ‘backstop” for existing sources not subject to federal standards. The opacity limit is more stringent than similar federal regulations, unless an alternative limit is approved per section 3.2 and 3.3, because West Virginia was not in attainment with the 1971 health based Total Suspended Particulate (TSP) National Ambient Air Quality Standards (NAAQS), and these limits were required to bring the State into attainment. Although there are instances where the particulate matter (PM) limit appears to be more stringent in the State rule, the test method in the appendix of the State rule does not capture condensable PM, since the sample is at the temperature of the exhaust stack and not a lower temperature.
Similar Federal Regulation: While there is no federal counterpart regulation to 45-2, there are federal regulations that may apply to the same sources: New Source Performance Standards (NSPS) of 40 CFR Part 60, subparts D (fossil fuel fired steam generators); Da (electric utility steam generating units); Db (industrial commercial institutional steam generating units); Dc (small industrial commercial institutional steam generating units).
DEP determined that this rule is not more stringent; however, a report was submitted to document the comments received. Please see highlighted section for comments pertaining to 45CSR2.
