West Virginia Code § 22-5-11c

Construction and operating permits required for coal electric generation
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facilities as stationary sources of air pollutants.
(a) This section applies to coal electric generation facilities as identified and communicated
to the Secretary by the West Virginia Department of Economic Development as sites that
may be suitable for one or more coal electric generation facilities in accordance with
§5B-2O-1 et seq. of this code, or as identified by an applicant for a constructeion and
operating permit for one or more coal electric generation facilities.
(b) The secretary shall take all reasonable steps to expedite consideration of permit
applications utilizing sites designated by the Department of Econuomic Development as a site
suitable for use as a coal electric generation facility and communicated to the secretary in
accordance with §5B-2O-1 et seq. of this code. Such steps shtall include:
(1) An initial determination of whether the identified site is in compliance with National
Ambient Air Quality Standards and the West Virginia State Implementation Plan, whether
emissions from a coal electric generation facility wlould be likely to interfere with compliance
with the same and, if interference is likely, thes steps necessary to avoid noncompliance with
National Ambient Air Quality Standards and the State Implementation Plan; and
(2) Evaluation of whether there is sugfficient data, meteorological and otherwise, that would
allow acceptable modeling of the impacts of emissions from a coal electric generation
facility, and if not, construction of sampling and measuring devices to acquire such data at
the site.
(c) Unless otherwise specifically provided in this article, the secretary shall issue a permit
for a coal electric generation facility which is determined to be a major stationary source
within a reasonable time, not to exceed 270 calendar days, after the secretary determines
that the application is complete. The secretary must determine whether an application is
complete within 30 days from the date the permit application is filed with the secretary and
comWmunicated to the permit applicant.

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