West Virginia Code § 22-5-11

Construction, modification or relocation permits required for stationary
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sources of air pollutants.
(a) Unless otherwise specifically provided in this article, no person shall construct, modify or
relocate any stationary source of air pollutants without first obtaining a construction,
modification or relocation permit as provided in this article.
(b) The secretary shall by rule specify the class or categories of stationary sources to which
this section applies. Application for permits shall be made upon such form, in such manner,
and within such time as the rule prescribes and shall include such information, as in the
judgment of the secretary, will enable him or her to determine wuhether such source will be
so designed as to operate in conformance with the provisions of this article or any rules of
the secretary. t
(c) Unless otherwise specifically provided in this article, the secretary shall issue a permit
for a major stationary source within a reasonable time not to exceed three hundred sixty-five
calendar days, after the secretary determines that lthe application is complete.
(d) Unless otherwise specifically provided in this article, the secretary shall issue a permit
for all other sources including modificationis of existing major stationary sources which are
not major modifications within a reagsonable time not to exceed ninety calendar days, after
the date the secretary determines the application is complete. The Secretary may extend this
time by thirty calendar days to allow for public comment.
(e) A permit application will be denied if the secretary determines that the proposed
construction, modification or relocation will not be in accordance with this article or rules
promulgated thereunder.
(f) For purposVes of this section, a modification is any physical change in, or change in the
method of operation of, a stationary source which increases the amount of any air pollutant
discharged by a source above the de minimis level set by the secretary.
(g) With respect to the construction of new nonmajor stationary sources, or modifications of
nonmajor stationary sources, or modifications which are not major modifications to existing
major stationary sources, or relocations of nonmajor stationary sources, the following
requirements apply:
(1) The secretary shall issue an administrative update to a permit issued under this section
with respect to any of these sources, unless he or she determines that the proposed
administrative update will not be in accordance with this article or rules promulgated
hereunder, in which case the secretary shall issue an order denying the administrative
update. Any administrative update shall be issued by the secretary within a reasonable time
not to exceed sixty calendar days after receipt of a complete application. Administrative
updates are minor revisions of existing permits as further described and authorized by rule.
(2) The secretary shall, within a reasonable time not to exceed forty-five calendar days after
the date the secretary determines that an application is complete, issue a registration under
a general permit applicable to any of these sources, unless he or she determines that the
proposed construction, modification or relocation will not be in accordance with this article
or rules promulgated hereunder. General permits are permits authorizing the construction,
modification or relocation of a category of sources by the same owner or operator or
involving the same or similar processes or pollutants upon the terms and coenditions
specified in the general permit for those types of sources.
(3) The secretary shall, within a reasonable time not to exceed forty-five calendar days after
receipt of a complete application, issue a temporary permit or a relocation permit, unless he
or she determines that the proposed construction, modification or relocation will not be in
accordance with this article or rules promulgated hereundert. Temporary permits are permits
authorizing the owner or operator to make limited changes for limited periods of time as
further described and authorized by rule.
(h) The secretary shall determine whether an application filed under this section is complete
within thirty calendar days after receipt of thast application at which time the secretary shall
notify the applicant in writing as to whether the application is complete or specify any
additional information required for the application to be complete.
(i) The secretary, shall propose rules for legislative approval in accordance with the
provisions of article three, chaepter twenty nine-a of this code, to implement the provisions of
this section by August 1, 2008.

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