Volume XXVIII 

Issue 23 

June 10, 2011 

Pages 851 -913 

A Weekly Publication 

Administrative Law Division 

Judy Cooper, Manager 

Natalie E. Tennant 

Secretruy of State 

Administrative Law Division 

Bldg. 1, Suite l57K 

1900 Kanawha Blvd. E. 

Charleston, WV 25305-0770 

(304) 558-6000 

www.wvsos.com 

WEST 

VIRGINIA 

REGISTER 

Published by the Office of the Secretary of State 

CONTENTS 

I. Chronological Index 

II. Open Government Meetings Listing 

III. Price List 

IV. Rule Monitor 

V. Notices 

a. Legislative Rules 

b. Interpretive Rules 

c. Procedural Rules 

d. Emergency Rules 

e. Legislative Rule-Making Review Committee 

VI. Legislative Interims 

VII. Orders 

VIII. Ethics Commission Opinions 

IX. Office of Tax Appeal Decisions 

X. Other Documents or Information Filed 

XI. Publication Deadlines and Publication Dates 
AGENCY 

Administration 

Agriculture 

Air Quality 

Alcohol Beverage Control Comm. 

Athletic Commission, State 

Bluefield State College Bd. of Governors 

Broadband Deployment Council 

Calhoun Co. Solid Waste Auth. 

Commerce 

Concord University 

Consolidated Public Retirement Board 

Conservation Agency, WV 

Crime, Delinquency and Correction 

Eastern WV Comm. & Tech. College 

Economic Development Authority 

Education 

Environmental Protection 

Ethics Commission 

Fairmont State University BOG 

Family Protection Services Bd. 

Forestry 

Governor, Office of the 

Governor's Office of Health Enhancement & Lifestyle Planning 

Health 

Health and Human Resources 

Health Care Authority 

Health Insurance Plan 

Higher Education Policy Comm. 

Housing Development Fund 

Insurance Commission 

Kanawha Co. Solid Waste Auth. 

Kanawha Valley Comm. & Tech. College 

Labor 

Licensed Dietitians, WV Bd. of 

Licensed Practical Nurses, Bd. of Exam. 

Medical Imaging & Radiation Therapy Tech. Bd. of Exam. 

Miners Health Safety & Training 

Mountwest Comm. & Tech. College 

Municipal Bond Comm. 

Municipal Home Rule Bd. 

Natural Resources 

Osteopathy 

PEIA, Dept. of Admin. 

Personnel, Div. of 

Physical Therapy, WV Bd. of 

Pierpont Comm. & Tech. College 

Professional Engineers, WV State Bd. of Reg. for 

Prosecuting Attorneys Institute 

Public Broadcasting 

Racing Comm. 

Real Estate Comm. 

Region 8 Planning and Dev. Council 

Registered Professional Nurses, WV Bd. of 

School Building Authority, WV 

Secretary of DHHR; Insurance Comm.; Chair of the Health Care Authority 

Secretary of State 

Solid Waste Management Bd., WV 

South Western WV Region 2 Workforce Investment Bd. 

Southern WV Comm. & Tech. College 

State Police 

Tourism, Div. of 

West Virginia University Hospitals 

WorkForce West Virginia 

WV EMSTSN 

WVU Parkersburg 

PAGE(S} 

859 

851,868,889 

851-4,868,889-94,910 

854,868-9,894-5 

859 

859 

859 

859 

859 

860 

855,869,895-6 

860 

855,858,869,897,905 

860 

860 

860 

860 

908-9 

860 

860 

861 

861 

856,861,869,898 

856,869,898 

899 

861' 906, 910-2 

856,869,899 

861 

861-2 

856-7,869-70,900-2 

862 

862 

857-8,862,870,902,905 

862 

862 

907 

862-3,912 

863 

863 

863 

857,863,870,903 

907 

863 

863 

863 

863 

864 

864 

864 

864 

864 

864 

864-5 

865 

858,870,903 

913 

865 

865 

865-6 

858,870,904 

866 

866 

866 

867 

867 
AGENCY 

Agriculture 

(61-16) 

Air Quality 

(45-8) 

Air Quality 

(45-14) 

CHRONOLOGICAL INDEX, VOLUME XXVIII ISSUE 23 

NEW PROPOSED RULES FILED FOR PUBLIC COMMENT THIS WEEK 

I RULE/TYPE 

Inspection of Meat and Poultry 

Legislative 

Ambient Air Quality Standards 

Legislative 

Permits for Construction and Major Modification of Major 

Stationary Sources for the Prevention of Significant 

Deterioration of Air Quality 

Legislative 

I AUTHORITY 

§19-28-3 

§22-5-4 

§22-5-4 

HEARING/COMMENT PERIOD/LOCATION 

Written Comments Only 

July 15, 2011, 4:00 pm 

WV Dept. of Agriculture 

Meat and Poultry Inspection Division 

Attn: Robert E. Pitts DVM 

State Capitol 

1900 Kanawha Blvd., East 

Charleston, WV 25305 

Public Hearing 

July 11, 2011, 6:00 pm 

WV Dept. of Environmental Protection 

Dolly Sods Conference Room (Room 1125) 

601 57'h Street, S E 

Charleston, WV 25304 

Written Comments 

July 11, 2011, 7:00 pm 

Public Information Office 

WV De~t. of Environmental Protection 

601 57' Street SE 

Charleston, WV 25304 

Public Hearing 

July 11, 2011, 6:00 pm 

WV Dept. of Environmental Protection 

Dolly Sods Conference Room (Room 1125) 

601 57'h Street, SE 

Charleston, WV 25304 

Written Comments 

July 11, 2011, 7:00 pm 

Public Information Office 

WV De~t. of Environmental Protection 

60 1 57' Street S E 

Charleston, WV 25304 

co 

V1 

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AGENCY 

Air Quality 

(45-16) 

Air Quality 

(45-18) 

Air Quality 

(45-19) 

CHRONOLOGICAL INDEX, VOLUME~ ISSUE 23 

NEW PROPOSED RULES FILED FOR PUBLIC COMMENT THIS WEEK 

I RULSTYPE 

Standards of Performance for New Stationary Sources 

Legislative 

I AUTHORITY 

§22-5-4 

Control of Air Pollution from Combustion of Solid Waste 1 §22-5-4 

Legislative 

Permits for Construction and Major Modification of Major 1 §22-5-4 

Stationary Sources Which Cause or Contribute to 

Nonattainment Areas 

Legislative 

HEARING/COMMENT PERIOD/LOCATION 

Public Hearing 

July 11, 2011, 6:00 pm 

WV Dept. of Environmental Protection 

Dolly Sods Conference Room (Room 1125) 

601 57'h Street, SE 

Charleston, WV 25304 

Written Comments 

July 11, 2011, 7:00 pm 

Public Information Office 

WV De~t. of Environmental Protection 

601 57' Street SE 

Charleston, WV 25304 

Public Hearing 

July 11, 2011, 6:00 pm 

WV Dept. of Environmental Protection 

Dolly Sods Conference Room (Room 1125) 

601 57'h Street, SE 

Charleston, WV 25304 

Written Comments 

July 11, 2011, 7:00 pm 

Public Information Office 

WV De~t. of Environmental Protection 

601 57' Street SE 

Charleston, WV 25304 

Public Hearing 

July 11, 2011, 6:00 pm 

WV Dept. of Environmental Protection 

Dolly Sods Conference Room (Room 1125) 

601 57'h Street, SE 

Charleston, WV 25304 

Written Comments 

July 11, 2011, 7:00 pm 

Public Information Office 

WV De~t. of Environmental Protection 

601 57' Street SE 

Charleston, WV 25304 

0> 

V1 

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AGENCY 

Air Quality 

(45-25) 

Air Quality 

(45-30) 

Air Quality 

(45-34) 

CHRONOLOGICAL INDEX, VOLUME XXVIII ISSUE 23 

NEW PROPOSED RULES FILED FOR PUBLIC COMMENT THIS WEEK 

RULE/TYPE AUTHORITY 

Control of Air Pollution from Hazardous Waste Treatment, I §§22-5-4 and 22-18-6 

Storage and Disposal Facilities 

Legislative 

Requirements for Operating Permits I §22-5-4 

Legislative 

Emission Standards for Hazardous Air Pollutants 1 §22-5-4 

Legislative 

HEARING/COMMENT PERIOD/LOCATION 

Public Hearing 

July 11, 2011, 6:00 pm 

WV Dept. of Environmental Protection 

Dolly Sods Conference Room (Room 1125) 

601 5ih Street, SE 

Charleston, WV 25304 

Written Comments 

July 11, 2011, 7:00 pm 

Public Information Office 

WV De~t. of Environmental Protection 

601 5i Street SE 

Charleston, WV 25304 

Public Hearing 

July 11, 2011, 6:00 pm 

WV Dept. of Environmental Protection 

Dolly Sods Conference Room (Room 1125) 

601 5ih Street, SE 

Charleston, WV 25304 

Written Comments 

July 11, 2011, 7:00 pm 

Public Information Office 

WV De~t. of Environmental Protection 

601 5i Street SE 

Charleston, WV 25304 

Public Hearing 

July 11, 2011, 6:00 pm 

WV Dept. of Environmental Protection 

Dolly Sods Conference Room (Room 1125) 

601 5ih Street, SE 

Charleston, WV 25304 

Written Comments 

July 11, 2011, 7:00 pm 

Public Information Office 

WV De~t. of Environmental Protection 

601 5i Street SE 

Charleston, WV 25304 

00 

V1 

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AGENCY 

Air Quality 

(45-35) 

Air Quality 

(45-42) 

Alcohol Beverage Control 

Comm. 

(175-1) 

Alcohol Beverage Control 

Comm. 

(175-5) 

CHRONOLOGICAL INDEX, VOLUME XXVIII ISSUE 23 

NEW PROPOSED RULES FILED FOR PUBLIC COMMENT THIS WEEK 

I RUL87YPE 

Determining Conformity of General Federal Actions to 

Applicable Implementation Plans (General Conformity) 

Legislative 

Repeal of- Greenhouse Gas Emissions Inventory 

Program 

Legislative 

Licensed Retailer Operations 

Legislative 

Licensing of Retail Outlets 

Legislative 

I AUTHORITY 

§22-5-4 

§22-5-4 

§§60-1-1-, 60-3A-1, 

60-7-1 

§60-3A-1 et seq. 

HEARING/COMMENT PERIOD/LOCATION 

Public Hearing 

July 11, 2011, 6:00 pm 

WV Dept. of Environmental Protection 

Dolly Sods Conference Room (Room 1125) 

601 5ih Street, SE 

Charleston, WV 25304 

Written Comments 

July 11, 2011, 7:00 pm 

Public Information Office 

WV De~t. of Environmental Protection 

601 5i Street SE 

Charleston, WV 25304 

Public Hearing 

July 11, 2011, 6:00 pm 

WV Dept. of Environmental Protection 

Dolly Sods Conference Room (Room 1125) 

601 5ih Street, SE 

Charleston, WV 25304 

Written Comments 

July 11, 2011, 7:00 pm 

Public Information Office 

WV De~t. of Environmental Protection 

601 5i Street SE 

Charleston, WV 25304 

Written Comments Only 

July 5, 2011, 8:30 am 

Anoop Bhasin, Esq. 

WVABCA General Counsel 

322 70th Street, SE 

Charleston, WV 25304-2900 

Written Comments Only 

July 5, 2011, 8:30 am 

Anoop Bhasin, Esq. 

WVABCA General Counsel 

322 70th Street, SE 

Charleston, WV 25304-2900 

00 

V1 

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AGENCY I 

Consolidated Public 

Retirement Board 

(162·5) 

Consolidated Public 

Retirement Board 

(162-7) 

Consolidated Public 

Retirement Board 

(162·9) 

Crime, Delinquency and 

Correction 

(149-2) 

Crime, Delinquency and 

Correction 

(149-6) 

-----

CHRONOLOGICAL INDEX, VOLUME XXVIII ISSUE 23 

NEW PROPOSED RULES FILED FOR PUBLIC COMMENT THIS WEEK 

RULE/TYPE I AUTHORITY I HEARING/COMMENT PERIOD/LOCATION 

Public Employees Retirement System §5-10D-1 Written Comments Only 

Legislative July 5, 2011, 1 :00 pm 

Terasa L. Miller, Acting Executive Director 

WV Consolidated Public Retirement Bd. 

4101 MacCorkle Avenue, SE 

Charleston, WV 25304 

Refund, Reinstatement, Retroactive Service, Loan and §5-10D-1 Written Comments Only 

Employer Error Interest Factors July 5, 2011, 1:00 pm 

Legislative Terasa L. Miller, Acting Executive Director 

WV Consolidated Public Retirement Bd. 

4101 MacCorkle Avenue, SE 

Charleston, WV 25304 

West Virginia State Police §5-10D-1 Written Comments Only 

Legislative July 5, 2011, 1 :00 pm 

Terasa L. Miller, Acting Executive Director 

WV Consolidated Public Retirement Bd. 

4101 MacCorkle Avenue, SE 

Charleston, WV 25304 

Law Enforcement Training Standards §30-29-3 Written Comments 

Legislative July 6, 2011, 5:00 pm 

Retired Captain Chuck Sadler 

Law Enforcement Training Coordinator 

DJCS 

1204 Kanawha Boulevard East 

Charleston, WV 25301 

Motor Vehicle Search Standards §62-1 A-11 Written Comments 

Legislative July 6, 2011, 5:00 pm 

Retired Captain Chuck Sadler 

Law Enforcement Training Coordinator 

DJCS 

1204 Kanawha Boulevard East 

Charleston, WV 25301 -- ------ -------------- ------- ---------- ----- --------- ----

. 

' 

' 

00 

V1 

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I 

AGENCY I 

Governor's Office of Health 

Enhancement and Lifestyle 

Planning 

(210-1) 

Health 

(64-89B) 

Health Insurance Plan 

(113-1) 

Insurance Commission 

(114-2) 

Insurance Commission 

(114-20) 

CHRONOLOGICAL INDEX, VOLUME m!U ISSUE 23 

NEW PROPOSED RULES FILED FOR PUBLIC COMMENT THIS WEEK 

RULE/TYPE I AUTHORITY HEARING/COMMENT PERIOD/LOCATION 

Prescription Drug Advertising Expense Reporting §16-29H-8 Written Comments Only 

Legislative July 5, 2011, 5:00 pm 

GOHELP 

1124 Smith Street, Suite 105 

Charleston, WV 25301 

GOHELP@wv.gov 

Credentialing Verification Organization §§16-1A-9 and 33-2-10 Written Comments Only 

Legislative July 8, 2011, 5:00 pm 

Timothy Murphy, Associate Counsel 

WV Offices of the Insurance Commission 

PO Box 50540 

Charleston, WV 25305-0540 

Timothy.Murphy@wvinsurance.gov 

Premium Subsidy §33-48-7b Written Comments Only 

July 8, 2011, 5:00 pm 

Timothy Murphy, Associate Counsel 

WV Offices of the Insurance Commission 

PO Box 50540 

Charleston, WV 25305-0540 

Timothy.Murphy@wvinsurance.gov 

Licensing and Conduct of Insurance Producers and §33-2-1 0 Written Comments Only 

Agencies July 8, 2011, 5:00 pm 

Legislative Timothy Murphy, Attorney Supervisor 

WV Offices of the Insurance Commission 

PO Box 50540 

Charleston, WV 25305-0540 

Timothy.Murphy@ wvinsurance.gov 

Surplus Lines Insurance §33-2-10 Written Comments Only 

Legislative July 8, 2011, 5:00 pm 

Timothy Murphy, Associate Counsel 

WV Offices of the Insurance Commission 

PO Box 50540 

Charleston, WV 25305-0540 

Timothy.Murphy@ wvinsurance.gov 

co 

VI 

01 

I 
AGENCY I 

Insurance Commission 

(114-35) 

Insurance Commission 

(114-42) 

Insurance Commission 

{114-93) 

Labor 

(42-10) 

Natural Resources 

(58-27) 

~ 

CHRONOLOGICAL INDEX, VOLUME XXVIII ISSUE 23 

NEW PROPOSED RULES FILED FOR PUBLIC COMMENT THIS WEEK 

RULE/TYPE I AUTHORITY HEARING/COMMENT PERIOD/LOCATION 

Insurance Holding Company Systems §§33-2-1 0 and 33-27- Written Comments Only 

Legislative 14 July 8, 2011, 5:00 pm 

Timothy Murphy, Associate Counsel 

WV Offices of the Insurance Commission 

PO Box 50540 

Charleston, WV 25305-0540 

Timothy.Murphy@wvinsurance.gov 

Continuing Education for Individual Insurance Producers §§33-2-10 and 33-12- Written Comments Only 

Legislative 35 July 8, 2011, 5:00 pm 

Timothy Murphy, Attorney Supervisor 

WV Offices of the Insurance Commission 

PO Box 50540 

Charleston, WV 25305-0540 

Timothy.Murphy@wvinsurance.gov 

Mini COBRA §33-2-1 0 Written Comments Only 

Legislative July 8, 2011, 5:00 pm 

Timothy Murphy, Associate Counsel 

WV Offices of the Insurance Commission 

PO Box 50540 

Charleston, WV 25305-0540 

Timothy.Murphy@wvinsurance.gov 

Zipline and Canopy Tour Responsibility Act §§21-15-6 and 21-15-8 Written Comments Only 

Legislative July 8, 2011, 5:00 pm 

David W. Mullins, Commissioner 

Division of Labor 

State Capitol Complex 

Building 6, Room B-749 

Charleston, WV 25305 

Special Motorboating Regulations §§20-7-22 and 20-7-23 Written Comments Only 

Legislative July 8, 2011, 5:00 pm 

Lt. Col. Jerry B. Jenkins, Deputy Chief 

Div. of Natural Resources, Law Enforcement Sec. 

324 Fourth Ave., Building 74 

South Charleston, WV 25303-1228 -----

co 

111 

..... 
CHRONOLOGICAL INDEX, VOLUME XXVIII ISSUE 23 

NEW PROPOSED RULES FILED FOR PUBLIC COMMENT THIS WEEK 

AGENCY I RULE/TYPE I AUTHORITY HEARING/COMMENT PERIOD/LOCATION 

Secretary of DHHR; All-Payer Claims Database Program's Privacy and §33-4A-8 Written Comments Only 

Insurance Commissioner; Security Rule July 8, 2011, 5:00 pm 

and Chair of the Health Care Legislative Timothy Murphy, Attorney Supervisor 

Authority WV Offices of the Insurance Commission 

(114A-02) PO Box 50540 

Charleston, WV 25305-0540 

Timoth~.Mur[2h~@wvinsurance.gov 

State Police Organizational Structure §§15-2-2,3 & 4 Written Comments Only 

(81-13) Interpretive July 1 0, 2011, 12:00 pm 

F/Lt. Joe White 

WV State Police 

Executive Office 

725 Jefferson Road 

South Charleston, WV 25309 

NEW EMERGENCY RULES FILED THIS WEEK 

AGENCY RULE/TYPE AUTHORITY EFFECTIVE DATE DATE NOTICE FOR HEARING 

Crime, Delinquency and Law Enforcement Training Standards §30-29-3 ERD by July 14, 2011 July 6, 2011 

Correction 

(149-2) 

Labor Zipline and Canopy Tour Responsibility §§21-15-6 and 21-15- ERD by July 20, 2011 July 8, 2011 

(42-10) Act ---------- -~-~------------------

cJL_ ____ 

00 

U'1 

00 

I 

I 

I 
MEETING NOTICES 

Open Governmental Proceedin~s Act §6-9A et seq. 

Agency I Date Filed I Purpose 

Administration, Department of 3/3/2011 Contact Cedric Greene at (304) 558-4331. 

Committee for the Purchase of 

Commodities and Services from the 

Handicapped 

Athletic Commission, State 6/8/2011 I) Discussion of and approval to draft and publish for comment 

legislative rules regarding mixed martial arts. 

2) Discussion of and guidance regarding advisability of emergency rules 

regarding mixed martial arts. 

Bluefield State College Board of 4/22/2011 Regular meeting of the BSC Board of Governors. 

Governors 

Broadband Deployment Council 5/5/2011 regular monthly meeting 

Calhoun County Solid Waste 6/8/2011 Regular monthly meeting 

Authority 

Commerce 5/13/2011 regular monthly meeting; will review previously submitted diesel 

equipment packages. 

Diesel Equipment Commission 

Commerce 5/24/2011 Monthly meeting; will also meet June 17. 

Mine Safety Technology TASK 

FORCE 

Commerce 5/13/2011 Monthly meeting, but meeting is tentative; 

Coal Mine Health and Safety 

Board 

Commerce 5/24/2011 second day monthly meeting 

Mine Safety Technology TASK 

FORCE 

Commerce 5113/2011 regular monthly meeting; will review previously submitted diesel 

equipment packages. 

Diesel Equipment Commission ----- ---- - - ---·-

*This meeting was filed late and does not comply with the Open Governmental Proceedings Act 

I Meeting Date/Location 

June 15,2011 10:00 AM 

Hancock County Sheltered Workshop 

1100 Pennsylvania Avenue 

Weirton, WV 26062 

June 17,2011 10:00 AM 

Room 313W State Capitol Building 

June 16, 2011 6:45 PM 

Private Dining Room 

Harris-Jefferson Student Center 

BSC's Bluefield campus 

June 15,2011 9:00AM 

Building 6, Room 6A 

June 18,2011 3:00PM 

Cabot Recycling Station 

2 miles west of Grantsville 

2427 W. Little Kanawha Hwy 

June 22,2011 10:00 AM 

Days Hotel, Sutton, 

(Flatwoods), WV 

June 16, 2011 10:00 AM 

Days Hotel 

Flatwoods, (Sutton) WV 

June 15,2011 10:00 AM 

Country Inn & Suites 

Charleston, WV 

June 17, 2011 9:00AM 

Days Hotel 

Flatwoods (Sutton), WV 

June 22, 2011 10:00 AM 

Days Hotel 

Sutton, (Flatwoods), WV 

i 

00 

U1 

10 
. Agency Date Filed 

Concord University 5/26/2011 Regularly scheduled meeting, election of officers, committee reports, 

administrative reports 

Board of Governors 

Conservation Agency, West 6/1/2011 Personnel Action 

Virginia 

WV State Conservation Committee 

Eastern WV Community & 6/6/2011 Regular meeting of the Board of Governors 

Technical College 

Board of Governors 

Economic Development Authority 6/8/2011 Regular monthly meeting. 

Education 5/1812011 The West Virginia Board of Education's Professional Development 

Committee will meet to conduct routine business. The agenda will be 

WVBE Professional Development posted at http://wvde.state.wv.us three business days prior to the 

Committee meeting. 

Environmental Protection 5/11/2011 SR Fund Advisory Council: Focus Group Progress 

Special Reclamation Fund 

Advisory Council 

Environmental Protection, Dept. of 5/20/2011 HEARING/Continuance to Docket 84. In the matter of the request by 

GeoMet Operating, Inc. for the creation of a drilling unit known as the 

Coalbed Methane Review Board Rogers Well 222 WV -Q26 and pooling of interest therein in a 29.27 

acres in the Sandy River District of McDowell County, West Virginia. 

Fairmont State University Board of 5/1312011 Regular Scheduled Meeting 

Governors 

Family Protection Services Board 6/6/2011 Regular meeting 

*This meeting was filed late and does not comply with the Open Governmental Proceedings Act 

Meetin Date/Location 

June 21, 2011 9:00AM 

The Concord Room 

Marsh Hal1201A 

Concord University 

Athens, WV 24712 

June 16, 2011 I :00 PM 

Gus R. Douglass Agricultural Center 

Guthrie, Charleston 

June 15,2011 12:00 PM 

316 Eastern Drive 

Moorefield, WV 26836 

June 16, 2011 10:30 AM 

Flatwoods Days Hotel & Conference Center 

2000 Sutton Lane 

Sutton, West Virginia 

June 22, 2011 I :00 PM 

Capitol Building 6, Room 353 

1900 Kanawha Boulevard, East 

Charleston, West Virginia 

June 16,2011 10:00 AM 

WVDEP 

60 I 57th Street 

Charleston, WV 25304 

Room 3001 

June 16,2011 10:00 AM 

Department of Environmental Protection 

Coalbed Methane Review Board 

60 l 57th Street, SE 

Charleston, WV 25304 

304-926-0499 Ext 1656 

June 16, 2011 9:00AM 

Board Room, Falcon Center 

1201 Locust Avenue 

Fairmont, WV 

June 16,2011 10:00 AM 

Division of Justice and Community Services 

1204 Kanawha Boulevard, East 

Charleston 

I 

00 

en 

0 
MEETING NOTICES 

en Governmental Proceedin s Act §6-9A et se • 

Agency Date Filed Purpose Meeting Date/Location 

Forestry, Division of 5/23/2011 Regular meeting of advisory council to the state urban forestry program. June 15, 2011 10:00 AM 

I 

Ryan's Restaurant 

Urban & Community Forestry Bridgeport, WV 

Council 

GO HELP 5/24/2011 Regularly scheduled Advisory Council Meeting June 22, 2011 12:00 AM 

WV Insurance Commission Conference Room 

Advisory Council Meeting 1124 Smith Street, Room 400 

Charleston, WV 

Governor, Office of the 6/8/2011 Public organizational meeting to discuss the procedures and June 16, 2011 9:00AM 

requirements related to the vacancy in the Fourteenth Family Court W. Kent Carper Justice and Public Safety 

Judicial Vacancy Advisory Judicial Circuit.; Non-Organizational Meeting to conduct interviews of Complex 

Commission candidates for the Fourteenth Family Court Judicial Circuit pursuant to First Floor Conference Room 

section 3-I0-3a(h).; Organizational meeting to discuss the procedures 30 I Virginia Street, East 

and requirements related to any other upcoming judicial vacancies.; An Charleston, West Virginia 

agenda will be available three days prior to the meeting at the Office of 

the Governor, Office of General Counsel, Room M-146, State Capitol, 

Building I, Charleston, West Virginia. 

Health Care Authority 611/2011 I)Grants; 2)FY 2012 Assessments; 3)MRT Standards; June 15,2011 !1:00AM 

4)Jackson General Hospital- delinquent assessment; 5)West Virginia HCA's Large Conference Room Dee Drive 

Board Meeting Health Information Network Rule- proposed legislative rule; 

6)Routine Business 

Higher Education Policy 6/8/2011 To conduct regular business before the next regular meeting June 22, 2011 3:00PM 

Commission Presidents' Conference Room 

9th Floor 

Committee of the Whole I 018 Kanawha Boulevard East 

Charleston, WV 

and by conference call 

Higher Education Policy 6/8/2011 Regular Board Meeting June 16, 2011 10:00 AM 

Commission, WV West Virginia Regional Technology Park 

1740 Union Carbide Drive 

Division of Science and Research Building 740, Conference Room 1308 

Council Advisorv Board South Charleston, WV 25303-2732 

Housing Development Fund, WV 5/25/2011 Minutes of the March 8, 20 II Meeting; Consideration of the Financials June 14, 2011 9:00AM 

for the period ended April 30, 2011; Report of the Audit Committee; West Virginia Housing Development Fund 

Recommended Changes to the Housing Development Fund's Investment 814 Virginia Street, East 

Policies; Allocation of Resources; Consideration of a Plan of Finance - Charleston, WV 25301 

Bond Refunding Opportunities; Update of New Building; and other 

urgent business. 

*This meeting was filed late and does not comply with the Open Governmental Proceedings Act 

(X) 

~ 
MEETING NOTICES 

Ol>fl_n Governmental Proceedings Act §6-9A et seq. 

Agency I Date Filed I Purpose 

Housing Development Fund, WV 5/25/2011 Minutes of the March 8, 2011 Meeting;Recommended Changes to the 

Housing Development Fund's Investment Policies; Auditor's Required 

Audit Committee Communications with those charged with governance; and other urgent 

business. 

Kanawha County Solid Waste 6/6/2011 Regular monthly meeting 

Authority 

Kanawha Valley Community and 6/1/2011 To go over the Presidents Comprehensive Annual Review. 

Technical College 

Board of Governors Presidents 

Evaluation Committee 

Kanawha Valley Community and 611/2011 To conduct a regularly scheduled meeting. 

Technical College 

Board of Governors 

Labor 6/6/2011 Manufactured Housing Teleconference 

Agenda: 

Manufactured Housing I. General Discussion 

2. Applications 

Labor 5/24/2011 Contractor Licensing Board Meeting 

Agenda: 

Contractor Licensing 1. Public Comment 

2. Disciplinary Hearing 

3. General Discussion 

Licensed Dietitians, WV Board of 6/2/2011 Annual Board Meeting 

Licensed Practical Nurses, Board 5113/2011 Regular Meeting. Agenda is posted on Board's website at 

of Examiners www.lpnboard.state.wv.us 

Miners Health Safety & Training 5/31/2011 Map class - Must be pre-registered 

Mine Inspector Examining Board 

•This meeting was filed late and does not comply with the Open Governmental Proceedings Act 

I Meeting Date/Location 

June 14, 2011 8:00AM 

West Virginia Housing Development Fund 

814 Virginia Street, East 

Charleston, WV 25301 

June 21,2011 10:00 AM 

Kanawha County Solid Waste Authority 

600 Slack Street 

Charleston, WV 

June 14,2011 1:00PM 

Erickson Alumni Center 

Cleveland Room 

West Virginia State University Campus 

Institute, West Virginia 

June 14, 2011 2:30PM 

Erickson Alumni Center 

Grand Hall 

West Virginia State University Campus 

Institute, West Virginia 

June 15,2011 10:00 AM 

Office of the WV Division of Labor 

Bldg. 6, Rm. 749-B, Capitol Complex 

Charleston, WV 25305 

June 16,2011 9:00AM 

Office of the WV Division of Labor 

Building 6, Room B749, Capitol Complex 

Charleston, West Virginia 25305 

June 21, 2011 5:00PM 

723 Kanawha Blvd., Room I 05 Union Building 

Charleston, WV 25301 

June 15, 2011 9:30AM 

101 Dec Drive 

Large Conference Room 

Charleston WV 25311 

June 16,2011 6:30PM 

Mine Health & Safety Academy 

1301 Airport Road 

Beaver, WV 25813 

00 

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MEETING NOTICES 

en Governmental Proceedin s Act §6-9A et se • 

Agency Date Filed Purpose 

Miners Health Safety & Training 5/31/2011 Underground Mine Inspector Exam and Safety Instructor Examinationmust be pre-registered 

Mine Inspector Examining Board 

Mountwest Community & 6/6/2011 Regularly scheduled monthly meeting of the Board. The agenda will be 

Technical College posted to www.mctc.edu. Copies may also be obtained by calling 304-

696-3787. 

Institutional Board of Governors 

Municipal Bond Commission, WV 5/27/2011 Regular tri-annual meeting 

Municipal Home Rule Board 6/1/2011 Regular Business Meeting 

Natural Resources, WV Div. of 5/25/2011 Board Meeting 

WV Wildlife Endowment Fund 

Board of Trustees MeetinK 

PEIA, Department of 3/10/2011 Quarterly Financial Review; Agenda Items: 

Administration Roll Call; Call to Order; Approval of Minutes; Financial Update; 

Actuarial Update; Director Update; Old Business; New Business; 

WV Retiree Health Benefit Trust Schedule Next Meeting. This Agenda is tentative and subject to change. 

Fund And PEIA Finance Board 

Personnel, Division of 6/2/2011 Regularly scheduled meeting of the State Personnel Board. 

State Personnel Board 

Physical Therapy, WV Board of 4/25/2011 Quarterly board meeting 

Pierpont Community & Technical 12/2/2010 Conduct regular business for the Board of Governors 

College 

Board of Governor's 

*This meeting was filed late and does not comply with the Open Govemmental Proceedings Act 

Meeting Date/Location 

June17,2011 8:00AM 

Mine Health & Safety Academy 

1301 Airport Road 

Beaver, WV 25813 

June 17, 2011 8:00AM 

Mountwest CTC Cooking & Culinary Institute 

917 Third A venue 

Huntington, WV 

June 21, 2011 1:30PM 

Office of Cabinet Secretary 

Department of Revenue, Conference Room 

Suite 300, West Wing Capitol Building 

June 16, 2011 10:30 AM 

State Capitol Complex 

Bldg. 6, Conference Room 6a 

Charleston, West Virginia 

June 22, 2011 2:00PM 

Division of Natural Resources 

324 4th Ave. 

South Charleston, WV 25303 

June 22, 2011 1:00PM 

601 57th Street SE 

Canaan Valley Room 1041 

Charleston West Virginia 25304-2345 

June 16,2011 2:00PM 

State Capitol Complex, Building 6, Room 426, 

Charleston, WV. Agenda can be found at 

http://www. state. wv. us/admin/personnellempco 

m/minutes/default.htm 

June 22, 2011 10:00 AM 

WV Board of Physical Therapy 

101 Dec Drive 

Charleston, WV 25311 

June 21,2011 2:00PM 

Falcon Center Board Room 

---- -----

(X) 

0'1 

w 
MEETING NOTICES 

en Governmental Proceedin s Act §6-9A et se . 

A enc Date Filed Purpo~---------- ------------

Professional Engineers, WV State 12/2/2010 To conduct a regularly scheduled Board Meeting. An agenda will be 

Bd. of Reg. for available at least 3 business days prior to the meeting by contacting the 

Board office. 

Prosecuting Attorneys Institute, 6/6/2011 General Executive Council Summer Meeting 

wv 

Public Broadcasting, WV 6/6/2011 meeting for Friends board 

Friends ofWV Public 

Broadcasting 

Racing Commission 617/2011 Emergency meeting regarding maintenance of cash controls and 

possible termination and replacement of license clerk at Wheeling 

Island racetrack, and good cause order permitting delayed 

implementation of tote software at Wheeling Island and Charles Town 

Races beyond effective rule date of July 10, 2011. Call-in information 

will be available on the Racing Commission website. 

Real Estate Commission 617/2011 Regular Meeting 

Region 8 Planning and 6/3/2011 Annual Meeting and Reception 

Development Council 

Registered Professsiona1 Nurses, 617/2011 To review disciplinary cases. CLOSED TO THE PUBLIC. 

WV Board of 

Disciplinarv Review Committee 

Registered Professsiona1 Nurses, 5/24/2011 Regular Board Meeting 

WV Board of 

Registered Professsional Nurses, 617/2011 To review disciplinary cases. CLOSED TO THE PUBLIC. 

WV Board of 

Disciplinarv Review Committee 

Registered Professsional Nurses, 5/24/2011 Regular Board Meeting 

WV Board of 

*This meeting was filed late and does not comply with the Open Governmental Proceedings Act 

_M~~ting Date/Location 

June 19,2011 9:00AM 

WV PE Board Office 

300 Capitol Street- Suite 910 

Charleston, WV 25301 

June 15,2011 5:00PM 

Snowshoe Resort & Conference Center 

Conference Room Williams 

June 15,2011 1:00PM 

600 Capitol Street 

Charleston, WV 

June 8, 2011 3:00PM 

Racing Commission Headquarters 

Conference Call 

106 Dec Drive, Suite 2 

Charleston, WV 25311 

June 22,2011 9:00AM 

300 Capitol Street, Suite 400 

Charleston, WV 25301 

June 16, 2011 6:00 PM 

Landes Arts Center, Mt. View Street 

Petersburg, WV 

June 15,2011 8:00AM 

WV RN Board Offices 

101 Dee Drive, Suite 102 

Charleston, WV 25311 

June 15, 2011 9:00AM 

Board Conference Room 

101 Dee Drive, Suite 102 

Charleston, WV 25311 

June16,2011 8:00AM 

WV RN BRD Offices 

101 Dee Drive, Suite 102 

Charleston, WV 25311 

June 17, 2011 9:00AM 

Board Conference Room 

101 Dee Drive, Suite 102 

Charleston, WV 25311 

co 

en 

""" 
MEETING NOTICES 

en Governmental Proceedin s Act §6-9A et se . 

Agency Date Filed Purpose 

Registered Profcsssional Nurses, 5/24/2011 Regular Board Meeting 

WV Board of 

School Buiding Authority of WV 6/6/2011 Emergency Meeting AGENDA: I Call To Order; II Wayne County's 

Request for Emergency Grant Funds - Kenova Elementary - Action; III 

Adjournment. .. 

Solid Waste Management Board, 617/2011 Review of Grant Applications Submitted for the FY 2012 Grant 

wv Program 

Grants Committee 

Solid Waste Management Board, 617/2011 Financial Statements, Tucker County, Pleasants County and Monroe 

wv County Solid Waste Authorities Comprehensive Litter and Solid Waste 

Control Plan Updates, Tucker County and Pleasants County Solid 

Waste Authorities Commercial Solid Waste Facility Siting Plan Updates 

and Calhoun County Solid Waste Authority FY 2011 Grant Budget 

Revision Request 

Solid Waste Management Board, 617/2011 FY 2013 Proposed Budget and the Total Aggregate Amount of Grant 

wv Funds available for the FY 2012 Grant Program 

Finance Committee 

South Western WV Region 2 6/8/2011 Qtly Full !Board Meeting. Agenda includes SWWV Region 2 WIB 

Workforce Investment Board Board By-Laws; Board Membership Appointment Process; 

Agrecmcnt/WV State Univ versity Research & Dcvclomcnt Corp/WV 

Full Board Education & The Arts; Presentations re WV FAIR and OJT: HRDF 

INC with Steel ofWV 

Southern West Virginia 4/6/2011 Regular business meeting of the Southern West Virginia Community 

Community and Technical College and Technical College Board of Governors. General business of the 

Board will be considered. The meeting agenda will be posted three days 

Board of Governors prior to the meeting at www.southernwv.edu 

*This meeting was filed late and does not comply with the Open Governmental Proceedings Act 

Meeting Dateff,ocati()n 

June 16,2011 9:00AM 

Board Conference Room 

101 Dec Drive, Suite 102 

Charleston, WV 25311 

June 9, 2011 12:00 PM 

Emergency Teleconference Meeting 

The Host Conference Call is being generated 

out of the SBA office at 2300 Kanawha Blve E . 

Charleston, WV 25312 

June 15,2011 10:30 AM 

Conference Room 1041 

DEP Building 

601 57th Street, SE 

Charleston, WV 25304 

June15,2011 ll:OOAM 

Conference Room 1041 

DEP Building 

601 57th Street, SE 

Charleston, WV 25304 

June 15,2011 10:00 AM 

Conference Room 1041 

DEP Building 

601 57th Street, SE 

Charleston, WV 25304 

June 15,2011 2:00PM 

WorkForce WV One-Stop 

2699 Park A venue 

Huntington WV 

June 21,2011 6:00PM 

Southern West Virginia Community and 

Technical College 

2900 Dempsey Branch Road, Room 428, 

Building C 

Mount Gay, WV 

I 

00 

en 

V1 
MEETING NOTICES 

n Governmental Proceedin s Act §6-9A et se . 

A enc Date Filed Pur ose 

Southern West Virginia 5/16/2011 Quarterly meeting of the Boone County Joint Administrative Board of 

Community and Technical College Southern West Virginia Community and Technical College and the 

I and the Boone County Boon! of Boone County Board of Education. 

Education 

Boone County Joint Administrative 

Board 

Tourism, Division of 6/9/2011 To discuss the following: media, logo, and destination eligibility within 

the matching advertising partnership program; tracking requirements; 

Best Practices Sub-Committee updating destination marketing organization requirements. 

Tourism, WV Div. of 611/2011 Quarterly Grant Meeting 

Grant Meeting_ 

Tourism, WV Division of 5/ll/2011 Monthly Commission Meeting 

WV Tourism Commission 

West Virginia University Hospitals 5/19/2011 For discussion of finance matters pertaining to West Virginia University 

Hospitals. 

Filumce & Planning Committee 

West Virginia University Hospitals 5/19/2011 For discussion of quality matters pertaining to West Virginia University 

Hospitals. 

Quality & Patient Safety 

Committee 

West Virginia University Hospitals 5119/2011 For discussion of quality matters pertaining to West Virginia University 

Hospitals. 

Compliance & Audit Committee 

West Virginia University Hospitals 5/19/2011 For discussion of business matters pertaining to West Virginia 

University Hospitals. 

Board of Directors 

WorkForce West Virginia 6/7/2011 Monthly Workforce Investment Board's Director's meeting. Topics 

include but not limited to: 

Workforce Investment Board I. WVU Extension Services- Julie Cryser 

Director's 2. Local Plan Update 

3. Fiscal 

4. Open Discussion 

*This meeting was filed late and does not comply with the Ope11 Govemmental Proceedings Act 

Meetin Date/Location 

June 15,2011 9:30AM 

Southern WV Community and Technical 

College 

3505 Daniel Boone Parkway 

Room 110-B 

Foster, WV 25081 

June 16,2011 10:00 AM 

WV Division of Tourism 

90 MacCorkle Ave., SW 

South Charleston, WV 25303 

June 16, 2011 1:00PM 

90 MacCorkle Ave SW 

So Charleston WV 25303 

June 17, 2011 10:00 AM 

90 MacCorkle Ave SW 

So Charleston WV 25303 

June 17,2011 9:00AM 

J.W. Ruby Boardroom 

2nd floor of Ruby Memorial Hospital 

Morgantown, WV 

June 17,2011 9:00AM 

Administrative Conference Room 

2nd floor of Ruby Memorial Hospital 

Morgantown, WV 

June 17, 2011 II :00 AM 

HIM Room 

1st floor of Ruby Memorial Hospital 

Morgantown, WV 

Junel7,2011 !2:30PM 

J.W. Ruby Boardroom 

2nd floor of Ruby Memorial Hospital 

Morgantown, WV 

June 16,2011 10:00 AM 

WorkForce Conference Center 

1321 PlazaEast 

Charleston, WV 25305 

I 

00 

en 

en 
MEETING NOTICES 

Open Governmental Proceedings Act §6-9A et seq. 

Agency I Date Filed I Purpose 

WVEMSTSN 617/2011 Quarterly Board of Directors Meeting 

EMSOR Board Meeting 

WVEMSTSN 617/2011 Quarterly Board of Directors Meeting! 

WRMS-EMS Board of Directors 

WVU Parkersburg 5/23/2011 A regular meeting of the Board of Governors to include final budget, 

salary increases, salary policy, tuition reduction policy, articulation 

Board of Governors agreement for high school foreign language courses, approval of bid 

awards, program reviews, program suspension-paramedic sciences, 

revision of institutional admissions, BAS in Child Development, AAS 

in 3-D Modeling and Institutional Community College Compact. A 

complete agenda will be posted online at 

\\f\VW.WVIJp_._eQIJiboard~of_governors prior to the Board meeting. 

*This meeting was filed lilte and does not comply with the Open Govemmental Proceedings Act 

I Meeting Date/Location 

June 15,2011 1:00PM 

Greenbank in Pocahontas county. 

June 20,2011 6:30PM 

Summers County EMS 

June 15, 2011 3:00PM 

WVU Parkersburg 

President's Conference Room 

300 Campus Drive 

Parkersburg, WV and by conference call 

co 

"' ....... 
AGENCY 

Agriculture 

(61-16) 

Air Quality 

(45-8) 

Air Quality 

(45-14) 

Air Quality 

(45-16) 

Air Quality 

(45-18) 

Air Quality 

(45-19) 

Air Quality 

(45-25) 

Air Quality 

(45-30) 

Air Quality 

(45-34) 

Air Quality 

(45-35) 

Air Quality 

(45-42) 

Alcohol Beverage Control 

Commission 

(175-1) 

--------- --- ----------------- - -

PRICE LIST 

RULE/ORDER 

Inspection of Meat and Poultry 

Ambient Air Quality Standards 

Permits for Construction and Major Modification of Major Stationary Sources for the 

Prevention of Significant Deterioration of Air Quality 

Standards of Performance for New Stationary Sources 

Control of Air Pollution from Combustion of Solid Waste 

Permits for Construction and Major Modification of Major Stationary Sources Which 

Cause or Contribute to Nonattainment Areas 

Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities 

Requirements for Operating Permits 

Emission Standards for Hazardous Air Pollutants 

Determining Conformity of General Federal Actions to Applicable Implementation Plans 

(General Conformity) 

Repeal of- Greenhouse Gas Emissions Inventory Program 

Licensed Retailer Operations 

------ -~ -~ - - ~--------- ------ ~ 

AMOUNT 

$4.00 

$16.70 

$12.90 

$21.90 

$21.00 

$12.50 

$10.80 

$12.80 

$40.80 

$10.00 

$5.00 

$7.20 

' 

i 

00 

en 

00 
Alcohol Beverage Control 

Commission 

(175-5) 

Consolidated Public Retirement 

Board 

(162-5) 

Consolidated Public Retirement 

Board 

(162-7) 

Consolidated Public Retirement 

Board 

(162-9) 

Crime, Delinquency and 

Correction 

(149-2) 

Crime, Delinquency and 

Correction 

(149-2, emergency) 

Crime, Delinquency and 

Correction 

(149-6) 

Governor's Office of Health 

Enhancement and Lifestyle 

Planning 

(210-1) 

Health 

(64-89B) 

Health Insurance Plan 

(1 13-1) 

Insurance Commission 

(114-2) 

Licensing of Retail Outlets 

Public Employees Retirement System 

Refund, Reinstatement, Retroactive Service, Loan and Employer Error Interest Factors 

West Virginia State Police 

Law Enforcement Training Standards 

Law Enforcement Training Standards 

Motor Vehicle Search Standards 

Prescription Drug Advertising Expense Reporting 

Credentialing Verification Organization 

Premium Subsidy 

Licensing and Conduct of Insurance Producers and Agencies 

$9.60 

$5.00 

$4.40 

$5.00 

$12.20 

$12.40 

$4.40 

$5.00 

$4.60 

$3.80 

$5.20 

00 

a> 

<D 
Insurance Commission 

(114-20) 

Insurance Commission 

(114-35) 

Insurance Commission 

(114-42) 

Insurance Commission 

(114-93) 

Labor 

(42-10) 

Labor 

(42-10, emergency) 

Natural Resources 

(58-27) 

Secretary of DHHR; Insurance 

Commissioner; and Chair of the 

Health Care Authority 

(114A-2) 

State Police 

(81-13) 

Surplus Lines Insurance 

Insurance Holding Company Systems 

Continuing Education for Individual Insurance Producers 

Mini COBRA 

Zipline and Canopy Tour Responsibility Act 

Zipline and Canopy Tour Responsibility Act 

Special Motorboating Regulations 

All-Payer Claims Database Program's Privacy and Security Rule 

Organizational Structure 

~--- ~----·-· -··· 

$10.80 

$11.40 

$5.60 

$4.20 

$4.00 

$4.60 

$3.20 

$22.50 

$3.60 

' 

co 

..., 

0 
Office of the Secretary of State 

Building I, Suite 157-K 

1900 Kanawha Blvd., East 

Charleston, West Virginia 25305 

Natalie E. Tennant 

Secretary of State 

State of West Virginia 

Telephone: (304) 558-6000 

Toll Free: 1-866-SOS-VOTE 

Fax: (304) 558-0900 

www.wvsos.com 

GUIDE FOR USING THE RULE MONITOR IN THE STATE REGISTER 

Column 1. Agency Name, (Title and Series Number} 

Column 2. Rule Title, Price and Type 

Column 3. Date Notice of Public Hearing or Comment Period Filed 

Column 4. Date of Public Hearing or Last Date Comments Will Be Received 

Column 5. Date Emergency Rule Filed, Emergency Amendments Filed, Emergency Rule Decision 

(ERD} Number & Date ERD Filed (Effective Date of Emergency Rule} 

Column 6. Date Agency Approved Legislative Rules Filed. 

Column 7. Date Review by the Legislative Rule-Making Review Committee & Action Taken **Please 

Note** The Board of Education, Board of Trustees & Board of Directors File Their Rules 

With the Educational Over-Sight Committee 

Column 8. Legislative Action 

Column 9. Date Agency Final Files Legislative, Procedural or Interpretive Rules. This is the Final 

Step for Procedural & Interpretive Rules 

Column 10. Date Rule is Effective 

• Titles followed by an asterisk (**) indicate that the rule is in effect as an emergency 

• Emergency rules will not have a "Notice• date until the agency files one but the rule will appear in 

Columns 1, 2 & 5. An Agency must file for either a public hearing or public comment period either before 

filing as an emergency or no more than 30 days after filing the rule as an emergency 

• If more than one date appears in a column, it means the agency has repeated that step (ex.- holding an 

additional public hearing} 

• If a particular step is not required by law for a particular rule, the "N/A" will appear in the excluded step 

column 

• Once a rule becomes effective & the effective date appears in Column 10, the rule will be removed from 

the monitor after the rule is distributed in the loose leaf version of the Code of State Rules 

871 
TITLE NUMBER 

TITLE 3 

TITLE 7 

TITLE 10 

TITLE 11 

TITLE 13 

TITLE 14 

TITLE 15 

TITLE 16 

TITLE 17 

TITLE 20 

TITLE 24 

TITLE 25 

TITLE 26 

TITLE 27 

TITLE 29 

TITLE 33 

TITLE 35 

TITLE 36 

TITLE 38 

TITLE 42 

TITLE 45 

TITLE 47 

TITLE 48 

TITLE 56 

TITLE 58 

TITLE 60 

TITLE 61 

TITLE 63 

TITLE 64 

TITLE 65 

TITLE 69 

TITLE 76 

TITLE 78 

TITLE 81 

TITLE 82 

TITLE 85 

TITLE 86 

TITLE 87 

TITLE 90 

TITLE 91 

TITLE 94 

TITLE 96 

TITLE 110 

TITLE 112 

TITLE 113 

TITLE 114 

TITLE 126 

TITLE 127 

TITLE 133 

TITLE 135 

TITLE 143 

TITLE 144 

TITLE 146 

TITLE 148 

TITLE 149 

TITLE 150 

TITLE 153 

TITLE 157 

TITLE 158 

TITLE 162 

TITLE 172 

TITLE 175 

TITLE 176 

TITLE 177 

TITLE 178 

TITLE 179 

TITLE 184 

TITLE 190 

TITLE 191 

TITLE 199 

TITLE 204 

TITLE 205 

TITLE 207 

TITLE 210 

CROSS REFERENCE OF RULE MONITOR TITLE NUMBERS AND AGENCIES 

NAME OF AGENCY 

BARBERS AND COSMETOLOGISTS 

PROFESSIONAL ENGINEERS 

LICENSED PRACTICAL NURSES 

MEDICINE 

OCCUPATIONAL THERAPY 

OPTOMETRY 

PHARMACY 

PHYSICAL THERAPY 

PSYCHOLOGISTS 

SANITARIANS 

OSTEOPATHY 

SOCIAL WORK EXAMINERS 

VETERINARY MEDICINE 

COUNSELING 

SPEECH-LANGUAGE PATHOLOGY & AUDIOLOGY 

OFFICE OF WASTE MANAGEMENT (FORMERLY PART OF TITLE 47) 

OFFICE OF OIL AND GAS 

COAL MINE HEALTH & SAFETY 

MINING & RECLAMATION 

LABOR 

OFFICE OF AIR QUALITY 

OFFICE OF WATER RESOURCES 

MINES TRAINING EDUCATION & CERTIFICATION 

MINERS' HEALTH, SAFETY AND TRAINING 

NATURAL RESOURCES 

ENVIRONMENTAL PROTECTION, SECRETARY'S OFFICE 

AGRICULTURE 

CONSERVATION AGENCY 

HEALTH 

HEALTH CARE AUTHORITY 

HEALTH & HUMAN RESOURCES 

SENIOR SERVICES 

HUMAN SERVICES 

STATE POLICE 

CULTURE AND HISTORY 

WORKERSCOMPENSATION BY THE INSURANCE COMMISSION 

VETERANS AFFAIRS 

FIRE COMMISSION 

CORRECTIONS 

MOTOR VEHICLES 

REGIONAL JAIL & CORRECTIONAL FACILITY AUTHORITY 

WORKFORCE WEST VIRGINIA 

TAX DEPARTMENT 

TREASURER 

HEALTH INSURANCE PLAN 

INSURANCE 

EDUCATION 

SECONDARY SCHOOLS ACTIVITIES COMM. 

HIGHER EDUCATION POLICY COMMISSION 

COMMUNITY & TECHNICAL COLLEGE EDUCATION 

PERSONNEL 

TOURISM 

STATE ELECTION COMMISSION 

ADMINISTRATION 

CRIME, DELINQUENCY AND CORRECTION 

PUBLIC SERVICE COMMISSION 

SECRETARY OF STATE 

DIVISION OF HIGWAYS 

ETHICS COMMISSION 

CONSOLIDATED PUBLIC RETIREMENT BOARD 

STATE RAIL AUTHORITY 

ALCOHOL BEVERAGE CONTROL COMMISSION 

ALCOHOL BEVERAGE CONTROL COMMISSION- BEER 

ATHLETIC COMMISSION 

RACING COMMISSION 

LOTTERY 

PARKWAYS ECONOMIC DEV. & TOURISM AUTHORITY 

REAL ESTATE APPRAISER LICENSING & CERTIFICATION BOARD 

FAMILY PROTECTION SERVICES BOARD 

EXPLOSIVES & BLASTING 

HATFIELD-MCCOY REGIONAL RECREATION AUTHORITY 

OUTDOOR HERITAGE CONSERVATION FUND 

COALFIELD COMMUNITY DEVELOPMENT 

GOHELP 

872 
RULE MONITOR 

AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE 

Administration Certification for Small, Women and 5/31/2011 7/1/2011 

(148-22) Minority-Owned Business 

$4.00 

Legislative 

Agriculture West Virginia Apiary Law of 1991 6/1/2010 7/1/2010 6/1/2010 7/26/2010 Modified& SB 102 

(61·2) $4.40 Approved Approved HB 2605 

Legislative 7/8/2010 9/13/2010 Bundled 

Filed HB 2639 

9/21/2010 

Agriculture General Groundwater Protection 6/1/2010 7/1/2010 7/12/2010 Approved SB 104 

(61·6C) Rules for Fertilizers and Manures 7/21/2010 HB 2569 

$4.60 Bundled 

Legislative HB 2639 

Agriculture Inspection of Meat and Poultry 6/14/2010 7/14/2010 7/20/2010 Approved SB 103 

(61·16) $4.80 8/10/2010 HB 2568 

Legislative Bundled 

HB 2639 

Agriculture Inspection of Meat and Poultry 6/2/2011 7/15/2011 

(61-16) $4.00 

Legislative 

Air Quality Ambient Air Qual~y Standards 6/9/2010 7/12/2010 7/28/2010 Approved SB 114 

(45·8) $16.90 1/9/2011 HB 2580 

Legislative Bundled 

SB 121 

Air Quality Ambient Air Quality Standards 6/8/2011 7/11/2011 

(45-8) $16.70 

Legislative 

Air Quality Permits for Construction and Major 6/9/2010 7/12/2010 7/28/2010 Modified & SB289 

(45-14) Modification of Major Stationary Approved HB 2899 

Sources of Air Pollution for the 1/10/2011 Bundled 

Prevention of Significant Filed SB 121 

Deterioration 1/11/2011 

$11.60 

Legislative 

Air Quality Permits for Construction and Major 6/8/2011 7/11/2011 

(45-14) Modification of Major Stationary 

Sources for the Prevention of 

Significant Deterioration of Air 

Quality 

$12.90 

Legislative 

Air Quality Standards of Performance for New 6/9/2010 7/12/2010 7/28/2010 Approved SB 115 

(45·16) Stationary Sources 1/9/2011 HB 2576 

$13.70 Bundled 

Legislative SB 121 

00 

-....! 

w 
RULE MONITOR 

AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE 

Air Quality Standards of Perfonnance for New 6/8/2011 7/11/2011 

(45-16) Stationary Sources 

$21.90 

Legislative 

Air Quality Control of Air Pollution from 6/9/2010 7/1212010 7/28/2010 Modified & SB290 

(45·18) Combustion of Solid Waste Approved HB 2900 

$9.80 1/9/2011 Bundled 

Legislative Filed SB 121 

1/11/2011 

Air Quality Control of Air Pollution from 6/8/2011 7/11/2011 

(45·18) Combustion of Solid Waste 

$21.00 

Legislative 

Air Quality Permits for Construction and Major 6/9/2010 7/1212010 7/28/2010 Approved SB 117 

(45-19) Modification of Major Stationary 1/9/2011 HB 2577 

Sources of Air Pollution Which Bundled 

Cause or Contribute to SB 121 

Nonattainment 

$14.30 

Legislative 

Air Quality Permits for Construction and Major 6/8/2011 7/11/2011 

(45-19) Modification of Major Stationary 

Sources Which Cause or Contribute 

to Nonattainment Areas 

$12.50 

Legislative 

Air Quality Control of Air Pollution from 6/9/2010 7/1212010 7/28/2010 Approved SB 118 

(45-25) Hazardous Waste Treatment, 1/9/2011 HB 2578 

Storage and Disposal Facilities Bundled 

$14.40 SB 121 

Legislative 

Air Quality Control of Air Pollution from 6/8/2011 7/11/2011 

(45-25) 

Hazardous Waste Treatment, 

Storage and Disposal Facilities 

$10.80 

Legislative 

Air Quality Requirements for Operating Permits 1/11/2011 2/14/2011 12/21/2010 3/16/2011 

(45·30) $13.70 Effective 

Legislative 2/1/2011 

Air Quality Requirements for Operating Permits 6/8/2011 7/11/2011 

(45·30) $12.80 

Legislative 

Air Quality Emission Standards for Hazardous 6/9/2010 7/1212010 7/28/2010 Approved SB 119 

(45·34) Air Pollutants 1/9/2011 HB 2579 

$21.70 Bundled 

Legislative SB 121 

00 

...... 

""" 
RULE MONITOR 

AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE 

Air Quality Emission Standards for Hazardous 6/8/2011 7/11/2011 

(45·34) Air Pollutants 

$40.80 

Legislative 

Air Quality Determining Conformity of General 6/8/2011 7/11/2011 

(45-35) Federal Actions to Applicable 

Implementation Plans 

$10.00 

Legislative 

Air Quality Repeal of -Greenhouse Gas 6/8/2011 7/11/2011 

(45-42) Emissions Inventory Program 

$5.00 

Legislative 

Alcohol Beverage Licensed Retailer Operations 6/2/2011 7/512011 

Control Comm. $7.20 

(175-1} L~islative 

Alcohol Beverage Licensing of Retail Outlets 6/2/2011 7/512011 

Control Comm. $9.60 

(175-5! Legislative 

Banking Rule Pertaining to Residential 5/27/2011 7/1/2011 

(106·5) Mortgage Lenders, Brokers and 

Loan Originators 

$5.60 

Legislative 

Barbers & Procedures, Criteria and Curricula 6/18/2010 7/22/2010 7/30/2010 Modified & SB 105 

Cosmetologists for Examination and Licensure of Approved HB 2606 

(3·1) Barbers, Cosmetologists, 10/11/2010 Bundled 

Manicurists and Aestheticians Filed HB 2639 

$6.00 10/18/2010 

Le islative 

Barbers & Qualification Training, Examination 6/18/2010 7/2212010 7/30/2010 Modified & SB 106 

Cosmetologists of Licensure of Instructors Approved HB 2607 

(3-2) $4.00 10/11/2010 Bundled 

Legislative Filed HB 2639 

10/18/2010 

Barbers & Operational Standards for Schools 6/18/2010 7/2212010 7/30/2010 Modified & SB 107 

Cosmetologists of Barbering and Beauty Culture Approved HB 2608 

(3-4) $3.80 10/11/2010 Bundled 

Legislative Filed HB 2639 

10/18/2010 

Barbers & Schedule of Fees 5/10/2010 6/11/2010 4/27/2010 6/18/2010 Approved SB 108 

Cosmetologists $2.40 Withdrawn 10/11/2010 HB 2570 

(3·6) Legislative 5/10/2010 Filed Bundled 

5n/2010 10/18/2010 HB 2639 

Approved 

5/14/2010 

00 

-...1 

U1 
RULE MONITOR 

AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE 

Community& Degree Designation, General 4/2212011 5/2212011 

Technical College Ed. Education Requirements, New 

(135-11) Program Approval and 

Discontinuance of Existing 

Programs 

$5.80 

Procedural 

Community& Standards and Procedures for 10/29/2010 11/29/2010 4/2212011 5/2212011 

Technical College Ed. Undergraduate Admissions at 

(135-23) Comm. & Tech. Colleges 

$4.60 

Procedural 

Community& Workforce Development Initiative 4/22/2011 5/23/2011 4/22/2011 

Technical College Ed. Program Effective 

(135-27) $4.20 4/2212011 

Le!:jislative 

Community& Guidelines for Granting College 4/2212011 5/22/2011 

Technical College Ed. Credit for Courses Under the WV 

(135-28) EDGE, "Earn a Degree, Graduate 

Early" Program 

$3.60 

Procedural 

Consolidated Public Public Employees Retirement 6/3/2011 7/5/2011 5/1212011 

Retirement Board System ERD by 

(162-5) $5.00 6/23/2011 

Le!:jislative 

Consolidated Public Refund, Reinstatement, Retroactive 6/3/2011 7/512011 

Retirement Board Service, Loan and Employer Error 

(162-7) Interest Factors 

$4.40 

Le9islative 

Consolidated Public West Virginia State Police 6/3/2011 7/5/2011 5/12/2011 

Retirement Board $5.00 ERDby 

(162-9) Legislative 6/23/2011 

Corrections Fees for Electronic Monitoring of 4/11/2011 5/16/2011 5/23/2011 

{90-8) Offenders 

$4.20 

Le islative 

Crime, Delinquency Law Enforcement Training Standard 6/7/2010 7/15/2010 7/23/2010 Modified & SB 124 4/15/2011 7/10/2011 

and Correction $8.00 Approved HB 2614 

(149-2) Legislative 10/11/2010 Bundled 

Filed HB 2613 

10/13/2010 

Crime, Delinquency Law Enforcement Training 6/212011 7/6/2011 6/2/2011 

and Correction Standards ERDby 

(149-2) $12.20 7/14/2011 

L islative 

00 

oo,.j 

01 
AGENCY/SERIES NO RULE NOTICE 

Crime, Delinquency Motor Vehicle Search Standards 6/3/2011 

and Correction $4.40 

(149-6) Legislative 

Development Office 

(145-7) 

Development Office 

(145-11) 

Development Office 

(145-12) 

Development Office 

(145-14) 

Education 

(126-12) 

Education 

(126·14) 

Education 

(126-28) 

Education 

(126-42) 

Education 

(126-44A) 

Neighborhood Investment Program 5/31/2011 

Act 

$6.20 

Procedural 

Brownfield Economic Development 6/1/2011 

Districts 

$5.60 

Legislative 

Municipal Economic Opportunity 6/1/2011 

Development Districts 

$4.60 

Procedural 

County Economic Opportun~y 6/1/2011 

Development Districts 

$4.40 

Procedural 

Standards for High Quality Schools 5/12/2011 

(2322) 

$4.40 

Legislative Exempt 

WV Measures of Academic 4/15/2011 

Progress (2340) 

$10.00 

Legislative Exe_111pt 

West Virginia's Universal Access to 4/15/2011 

a Quality Early Education System 

(2525) 

$9.80 

Procedural 

Assuring the Quality of Education: 4/15/2011 

Regulations for Education Programs 

(2510) 

$14.70 

Legislative Exempt 

21'1 Century Reading and English 5/12/2011 

Language Arts Content Standards 

and Objectives for WV Schools 

(2520.1) 

$16.80 

Legislative Ex~J"'1pt 

HEARING 

7/6/2011 

6/30/2011 

7/1/2011 

7/2/2011 

7/2/2011 

6/13/2011 

5/16/2011 

5/16/2011 

5116/2011 

6/13/2011 

RULE MONITOR 

EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE 

00 

-...1 

-...1 
AGENCY/SERIES NO RULE 

Education Next Generation Content Standards 

(126-44AA) and Objectives for English 

Language Arts in WV Schools 

(2520.1A) 

$22.10 

Leeislative Exem~t 

Education 21"1 Century Mathematics Content 

(126-448) Standards and Objectives for WV 

Schools (2520.2) 

$18.20 

L~islative Exem~t 

Education Next Generation Content Standards 

(126-4488) and Objectives for Mathematics in 

WV Schools (2520.28) 

$23.80 

Leeislative Exem~t 

Education Next Generation Driver Education 

(126-44H) Content Standards and Objectives 

for WV Schools (2520.8) 

$6.00 

Leeislative Exem~t 

Forestry Sediment Control During 

(22-2) Commercial Timber-Harvesting 

Operations-Licensing 

$3.80 

Leeislative 

Forestry Sediment Control During 

(22-3) Commercial Timber-Harvesting 

Operations-Logger Certification 

$3.60 

Leeislative 

Gov. Office of Health Prescription Drug Advertising 

Enhancement & Expense Reporting 

Lifestyle Planning $5.00 

!210-1} L~islative 

Health Public Water Systems 

(64-3) $4.00 

Legislative 

Health Food Manufacturing Facilities 

(64-43) $3.00 

Legislative 

RULE MONITOR 

NOTICE HEARING EMER RULE SEC/STATE 

5/1212011 6/13/2011 

5/1212011 6/13/2011 

5/1212011 6/13/2011 

5/1212011 6/13/2011 

5/27/2011 6/28/2011 

5/27/2011 6/28/2011 

6/3/2011 7/5/2011 

6/23/2010 7/23/2010 7/29/2010 

6/10/2010 7/1212010 7/29/2010 

LRMRC-ACTION 

Approved 

11/16/2010 

Modified & 

Approved 

11/16/2010 

Filed 

1/3/2011 

LEGIS 

S8 129 

H8 2583 

Bundled 

SB295 

SB 130 

HB 2617 

Bundled 

SB295 

FINAL FILE 

4/21/2011 

4/21/2011 

EFFECTIVE 

4/21/2011 

4/21/2011 

00 

...... 

00 
RULE MONITOR 

AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC·ACTION LEGIS FINAL FILE EFFECTIVE 

Health Fire Department Rapid Response 6/29/2010 7/29/2010 7/30/2010 Approved SB 131 4/21/2011 4/21/2011 

(64-44) Services Licensure 1/10/2011 HB 2584 

$4.40 Bundled 

Legislative SB295 

Health Emergency Medical Services 6/29/2010 7/29/2010 7/30/2010 Modified & SB294 4/21/2011 4/21/2011 

(64-48) $12.70 Approved HB 2904 

Legislative 1/10/2011 Bundled 

Filed SB295 

1/24/2011 

Health Cancer Registry 6/23/2010 7/23/2010 7/29/2010 Approved SB 132 4/21/2011 4/21/2011 

(64·68) $3.00 10/11/2010 HB 2585 

Legislative Bundled 

SB295 

Health Credentialing Verification 6/8/2011 7/8/2011 

(64·898) Organization 

$4.60 

Le islative 

Health Maternal Risk Screening 6/23/2010 7/23/2010 7/29/2010 Modified & SB 133 4/21/2011 4/21/2011 

(64·97) $2.60 Approved HB 2618 

Legislative 10/11/2010 Bundled 

Filed SB295 

1/3/2011 

Health Safety and Treatment Program 6/30/2010 7/30/2010 6/30/2010 7/30/2010 Modified & SB295 5/10/2011 5/10/2011 

(64·98) $3.20 Approved Approved Bundled 

Legislative 8/11/2010 11/16/2010 SB295 

Filed HB 2905 

12/3/2010 

Health Requirement for Licensure of 6/30/2010 7/30/2010 6/30/2010 7/30/2010 Modified & SB 126 5/10/2011 5/10/2011 

(64·99) Nonprofit Corporations for Approved Approved HB 2615 

Conservation Service 8/11/2010 11/16/2010 Bundled 

$4.80 Filed SB295 

Legislative 12/3/2010 

Health Insurance Plan Premium Subsidy 6/8/2011 7/812011 

(113·1) $3.80 

Le9islative 

Higher Education Submission of Proposals for 5/3/2011 6/2/2011 

Policy Comm. Academic Programs and the 

(133·11) Monitoring and Discontinuance of 

Existing Programs 

$7.60 

Procedural 

Higher Education Commission Organization and 5/18/2011 6/17/2011 

Policy Comm. Meetings 

(133-47) $3.60 

Procedural 

00 

..... 

<D 
AGENCY/SERIES NO RULE NOTICE HEARING 

Highways Construction and Reconstruction of 5/27/2011 6/27/2011 

(157·3) State Roads 

$17.00 

Le islative 

Highways Transportation of Hazardous 5/27/2011 6/27/2011 

(157-7) Wastes Upon the Roads and 

Highways 

$4.20 

Le!:Jislative 

Insurance Commission Licensing and Conduct of Insurance 6/8/2011 7/812011 

(114·2) Producers and Agencies 

$5.20 

Le islative 

Insurance Commission Credit Life Insurance, Credit 6/15/2010 7/15/2010 

(114·6) Accident and Sickness Insurance, 

and Credit Unemployment 

Insurance 

$5.00 

Le islative 

Insurance Commission Suitability in Annuity Transactions 6/15/2010 7/15/2010 

(114·116) $4.00 

Legislative 

Insurance Commission Surplus Lines Insurance 6/8/2011 7/812011 

(114·20) $10.80 

Le islative 

Insurance Commission Insurance Adjusters 6/15/2010 7/15/2010 

(114·25) $5.40 

Legislative 

Insurance Commission Long-Term Care Insurance 6/11/2010 7/12/2010 

(114·32) $15.40 

Legislative 

Insurance Commission Insurance Holding Company 6/8/2011 7/812011 

(114-35) Systems 

$11.40 

L islative 

Insurance Commission Actuarial Opinion and Memorandum 6/11/2010 7/12/2010 

(114·41) Rule 

$5.80 

Legislative 

RULE MONITOR 

EMER RULE SEC/STATE LRMRC-ACTION 

7/27/2010 Modified & 

Approved 

9/13/2010 

Filed 

9/28/2010 

7/29/2010 Approved 

9/13/2010 

6/15/2010 7/27/2010 Modified & 

Withdrawn Approved 

7/15/2010 10/11/2010 

Filed 

10/20/2010 

7/29/2010 Modified & 

Approved 

9/13/2010 

Filed 

9/28/2010 

7/27/2010 Approved 

9/13/2010 

LEGIS 

SB 142 

HB 2623 

Bundled 

SB 177 

SB 137 

HB 2588 

Bundled 

SB 177 

SB 138 

HB 2620 

Bundled 

SB 177 

SB 139 

HB 2621 

Bundled 

SB 177 

SB 140 

HB 2589 

Bundled 

SB 177 

FINAL FILE 

5/10/2011 

5/10/2011 

5/10/2011 

5/10/2011 

5/10/2011 

EFFECTIVE 

7/1/2011 

7/1/2011 

7/1/2011 

7/1/2011 

7/1/2011 

00 

00 

0 
AGENCY/SERIES NO RULE NOTICE 

Insurance Commission Property and Casualty Actuarial 6/15/2010 

(114-41A) Opinion 

$3.00 

Legislative 

Insurance Commission Continuing Education for Individual 6/8/2011 

(114-42) Insurance Producers 

$5.60 

Le islative 

Insurance Commission Credit Personal Property 6/15/2010 

(114-61) $4.20 

Legislative 

Insurance Commission Valuation of Life Insurance 6/11/2010 

(114-68) Companies 

$5.60 

Legislative 

Insurance Commission Recognition of Preferred Mortality 6/1112010 

(114-69A) Tables for Use in Determining 

Minimum Reserve Liabilities 

$3.20 

Le islative 

Insurance Commission Professional Employer 6/11/2010 

(114-85) Organizations 

$4.00 

Legislative 

Insurance Commission Health Maintenance Organization 6/11/2010 

(114-91) Point of Service Option 

$3.20 

Legislative 

Insurance Commission Mini COBRA 6/8/2011 

(114-93) $4.20 

Legislative 

Labor Zipline and Canopy Tour 6/8/2011 

(42-10) Responsibility Act 

$4.00 

Legislative 

Medicine Formation and Approval of 5/18/2011 

(11-7) Professional Limited Liability 

Companies 

$3.40 

Legislative 

RULE MONITOR 

HEARING EMER RULE SEC/STATE 

7/15/2010 9/1/2010 7/27/2010 

Effective 

10/13/2010 

7/8/2011 

7/15/2010 7/27/2010 

7/1212010 7/27/2010 

7/1212010 7/27/2010 

7/1212010 6/11/2010 7/27/2010 

Effective 

7/23/2010 

7/1212010 7/27/2010 

7/8/2011 

7/8/2011 6/8/2011 

ERD by 

7/20/2011 

6/24/2011 

LRMRC-ACTION LEGIS 

Modified & SB 141 

Approved HB 2622 

11/16/2010 Bundled 

Filed SB 177 

12/1/2010 

Approved SB 143 

9/13/2010 Bundled 

SB 177 

HB 2590 

Approved SB 145 

10/11/2010 HB 2591 

Bundled 

SB 177 

Approved SB 146 

10/11/2010 HB 2592 

Bundled 

SB 177 

Approved SB 147 

10/11/2010 HB 2593 

Bundled 

SB 177 

Approved SB 148 

11/16/2010 HB 2594 

Bundled 

SB 177 

FINAL FILE 

5/10/2011 

5/10/2011 

5/10/2011 

5/10/2011 

5/10/2011 

5/10/2011 

EFFECTIVE 

6/10/2011 

7/1/2011 

7/1/2011 

7/1/2011 

5/10/2011 

7/1/2011 

(X) 

(X) 

-
AGENCY/SERIES NO RULE NOTICE HEARING 

Mining & Reclamation West Virginia Surface Mining 12116/2009 1/18/2010 

(38-2) Reclamation Rule 6/10/2010 7/13/2010 

$31.50 

Legislative 

Natural Resources Special Motorboating Regulations 6/8/2011 7/8/2011 

(58-27) $3.20 

Legislative 

Nursing Home Nursing Home Administrators 2/14/2011 3/16/2011 

Administrators $6.40 

Licensing Bd. Legislative 

(21-1) 

Occupational Therapy Fees for Services Rendered by the 5/17/2011 6/30/2011 

(13-3) Board 

$3.20 

Legislative 

Optometry Rules of the WV Bd. of Optometry 6/25/2010 7/26/2010 

(14·1) $3.60 

Legislative 

Optometry Expanded Prescriptive Authority 6/25/2010 7/26/2010 

(14-2) $3.00 

Legislative 

Optometry Schedule of Fees 6/25/2010 7/26/2010 

(14-5) $2.60 

Legislative 

Optometry Examination and Scoring Policy 6/25/2010 7/26/2010 

(14·6) $2.60 

Legislative 

Optometry Licensure by Endorsement 6/25/2010 7/26/2010 

(14·8) $2.60 

Legislative 

RULE MONITOR 

EMER RULE SEC/STATE LRMRC-ACTION 

12116/2009 211/2010 Modified with 

Approved 7/30/2010 Certain 

12123/2009 Amendments & 

Approved 

1/10/2011 

Filed 

1/18/2011 

5/25/2011 

ERDby 

7/6/2011 

3/28/2011 

7/30/2010 Modified & 

Approved 

11/16/2010 

Filed 

11/24/2010 

7/30/2010 Filed 

1/3/2011 

7/30/2010 Modified & 

Approved 

11/16/2010 

Filed 

11/24/2010 

7/30/2010 Modified & 

Approved 

11/16/2010 

Filed 

11/24/2010 

7/30/2010 Modified & 

Approved 

11/16/2010 

Filed 

11/24/2010 

LEGIS 

SB292 

HB 2902 

Bundled 

SB 121 

SB 157 

HB 2630 

Bundled 

HB 2639 

SB296 

HB 2906 

Bundled 

HB 2639 

SB 159 

HB 2632 

Bundled 

HB 2639 

SB 160 

HB 2633 

Bundled 

HB 2639 

SB 161 

HB 2634 

Bundled 

HB 2639 

FINAL FILE EFFECTIVE 

00 

00 

"' 
RULE MONITOR 

AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC·ACTION LEGIS FINAL FILE EFFECTIVE 

Optometry Contact Lenses that Contain and 6/25/2010 7/26/2010 7/30/2010 Modified & SB 162 

(14·9) Deliver Pharmaceutical Agents Approved HB 2635 

Certificate 11/16/2010 Bundled 

$2.40 Filed HB 2639 

Legislative 11/24/2010 

Optometry Continuing Education 6/25/2010 7/26/2010 7/30/2010 Modified & SB 158 

(14·10) $2.80 Approved HB 2631 

Legislative 11/16/2010 Bundled 

Filed HB 2639 

11/24/2010 

Optometry Injectable Pharmaceutical Agents 6/24/2010 7/23/2010 7/30/2010 Modified with SB297 

(14·11) Certificate certain HB 2907 

$3.20 amendments and Bundled 

Legislative approved HB 2639 

12/14/2010 

Filed 

12/23/2010 

Osteopathy Licensing Procedures for 6/1/2011 7/1/2011 

(24·1) Osteopathic Physicians 

$6.00 

Legislative 

Osteopathy Osteopathic Physician Assistants 6/14/2010 7/14/2010 6/14/2010 7/30/2010 Modified& SB 163 

(24·2) $5.00 Approved Approved HB 2636 

Legislative 7/8/2010 11/16/2010 Bundled 

Amendment Filed HB 2639 

11/10/2010 11/29/2010 

Approved 

11/17/2010 

Osteopathy Fees for Services Rendered by the 6/14/2010 7/14/2010 7/28/2010 Modified & SB 164 

(24·5) Bd. of Osteopathy Approved HB 2637 

$2.60 11/16/2010 Bundled 

Legislative Filed HB 2639 

11/29/2010 

Personnel Administrative Rule of the WV Div. 5/20/2011 6/30/2011 

(143·1) of Personnel 

$15.20 

Legislative 

Personnel Workers' Compensation Temporary 5/20/2011 6/30/2011 

(143-3) Total Disabil~y 

$4.60 

Legislative 

Pharmacy Board of Pharmacy Rules 6/17/2010 7/18/2010 7/29/2010 Approved SB 165 

(15·1) Regarding Licensure and the 11/16/2010 HB 2597 

Practice of Pharmacy Bundled 

$13.80 HB 2639 

Legislative 

co 

co 

w 
AGENCY/SERIES NO RULE NOTICE 

Pharmacy Controlled Substances Monitoring 6/17/2010 

(15-8) $6.40 

Legislative 

Physical Therapy Supervision of a Physical Therapist 6/29/2010 

(16-1) Assistant 

$13.80 

Legislative 

Physical Therapy Fees for Physical Therapist and 6/29/2010 

(16-4) Physical Therapist Assistant 

$3.80 

Legislative 

Physical Therapy General Provisions for Athletic 6/29/2010 

(16-5) Trainers 

$2.80 

Legislative 

Physical Therapy Fees for Athletic Trainers 6/29/2010 

(16-6) $2.40 

Legislative 

Professional Application of Engineering Seal 4/14/2011 

Engineers, Bd. Of $3.20 

Reg. for Interpretive 

7-3 

Professional Examination and Licensing of 5/17/2011 

Surveyors Professional Surveyors in WV 

(23-1) $5.60 

Le~islative 

Professional Disciplinary and Complaint 5/17/2011 

Surveyors Procedures for Land Surveyors 

(23·3) $5.20 

Procedural 

Public Service Rules and Regulations for the 3/2212011 

Commission Government of Electric Utilities 

(150-3) $13.40 

Legislative Exempt 

RULE MONITOR 

HEARING EMER RULE SEC/STATE 

7/18/2010 7/29/2010 

7/29/2010 6/29/2010 7/30/2010 

Approved 

Section 8 only 

7/14/2010 

Amendment 

11/5/2010 

Approved 

Section 8 only 

11/16/2010 

7/29/2010 7/30/2010 

7/29/2010 7/30/2010 

7/29/2010 7/30/2010 

5/30/2011 

6/2112011 

6/21/2011 

4/21/2011 

LRMRC-ACllON 

Approved 

11/16/2010 

Modified & 

Approved 

12/14/2010 

Filed 

12121/2010 

Approved 

12/14/2010 

Modified & 

Approved 

9/13/2010 

Filed 

9/20/2010 

Modified & 

Approved 

9/13/2010 

Filed 

9/20/2010 

LEGIS 

SB 166 

HB 2598 

Bundled 

HB 2639 

SB 167 

HB 2638 

Bundled 

HB 2639 

SB 168 

HB 2599 

Bundled 

HB 2639 

SB 169 

HB 2639 

Bundled 

HB 2639 

SB 170 

HB 2640 

Bundled 

HB 2639 

FINAL FILE EFFECTIVE 

00 

00 

""" 
AGENCY/SERIES NO RULE NOTICE 

Public Service Rules and Regulations for the 3/31/2011 

Commission Government of Railroad Safety and 

(150·8) Sanitation 

$9.80 

Legislative Exempt 

Public Service Rules Governing Electric Utility Net 12127/2010 

Commission Metering Arrangements and 

(150·33) Interconnections 

$14.50 

Exemet Le!ijislative 

Public Service Rules Governing Innovative, 2/9/2011 

Commission Alternative Sewer Systems 

(150·35) $5.60 

Le~islative Exemet 

Racing Commission Thoroughbred Racing 6/7/2010 

(178·1) $21.30 

Legislative 

Racing Commission Greyhound Racing 6/29/2010 

(178·2) $12.30 

Legislative 

Racing Commission Pari-Mutuel Wagering 6/7/2010 

(178·5) $14.20 

Legislative 

Real Estate Appraiser Renewal of Licensure or 

Lie. & Cert. Bd. Certification 

(190·3) $4.00 

Legislative 

Real Estate Appraiser Investigative and Hearing 5/25/2011 

Lie. & Cert. Bd. Procedures 

(190-4) $4.20 

Procedural 

Sanitarians, Bd. Of Rules of Procedure for Contested 12128/2010 

Reg. for Case Hearings and Declaratory 

(20·1) Rulings 

$3.40 

Procedural 

RULE MONITOR 

HEARING EMER RULE SEC/STATE 

Hearing 

6/212011 

Written 

Comments 

4/29/2011 

Hearing 

7/18/2011 

1/26/2011 

3/15/2011 

7/8/2010 7/27/2010 

7/29/2010 7/30/2010 

7/8/2010 7/16/2010 

5/25/2011 

ERDby 

7/6/2011 

6/27/2011 

1/28/2011 

LRMRC·ACTION LEGIS 

Modified & SB298 

Approved HB 2908 

1/10/2011 Bundled 

Filed SB 177 

1/20/2011 

Modified & SB299 

Approved HB 2909 

1/10/2011 Bundled 

Filed SB 177 

1/20/2011 

Modified & 88300 

Approved HB 2910 

1/10/2011 Bundled 

Filed SB 177 

1/20/2011 

FINAL FILE 

5/19/2011 

4/11/2011 

4/11/2011 

4/11/2011 

4/29/2011 

EFFECTIVE 

7/18/2011 

7/10/2011 

7/10/2011 

6/10/2011 

5/30/2011 

(X) 

(X) 

U1 
AGENCY/SERIES NO RULE 

Sanitarians, Bd. Of Procedure for the Investigation and 

Reg. for Resolution of Complaints 

(20·2) $3.00 

Procedural 

Sanitarians, Bd. Of Interim Fee Schedule 

Reg. for $3.60 

(20·3) Legislative 

Sanitarians, Bd. of Rules Governing the Practice of 

Ref. for Public Health Sanitation 

(20·4) $4.60 

Legislative 

Secondary Schools Athletics, Provisions Governing 

Activities Comm. Eligibility 

(127·2) $5.80 

L~islative 

Secondary Schools Provisions Governing Contests 

Activities Comm. $8.80 

(127·3! Le!ijislative 

Secondary Schools Provisions Governing Conduct 

Activities Comm. $4.80 

(127·4! Le!ijislative 

Secretary of DHHR; All-Payer Claims Database 

Insurance Comm.; and Program's Privacy and Security 

Chair of the Health Rule 

Care Authority $22.50 

(114A·2l Legislative 

Secretary of State Combined Voter Registration and 

(153·25) Driver Licensing Fund 

$4.60 

Legislative 

State Election WV Supreme Court of Appeals 

Commission Public Campaign Financing Pilot 

(146·5) Program 

$6.20 

Legislative 

State Police WV State Police Career 

(81·3) Progression System 

$6.60 

Legislative 

State Police Organizational Structure 

(81-13) $3.60 

Interpretive 

RULE MONITOR 

NOTICE HEARING EMER RULE 

12/28/2010 1/28/2011 

6/17/2010 7/19/2010 5/18/2010 

Effective 

6/29/2010 

6/23/2010 7/23/2010 

5/12/2011 6/13/2011 

5/12/2011 6/13/2011 

5/1212011 6/13/2011 

6/8/2011 7/8/2011 

10/8/2010 11/8/2010 

6/18/2010 7/19/2010 

5/18/2011 6/21/2011 

6/8/2011 7/10/2011 

SEC/STATE LRMRC-ACTION 

7/29/2010 Approved 

11/16/2010 

7/29/2010 Approved 

11/16/2010 

11/12/2010 Approved 

1/9/2011 

7/29/2010 Modified & 

Approved 

1/9/2011 

Filed 

1/14/2011 

LEGIS 

SB 171 

HB 2600 

Bundled 

HB 2639 

SB 172 

HB 2601 

Bundled 

HB 2639 

SB 173 

HB 2602 

Bundled 

HB 2639 

SB293 

HB 2903 

Bundled 

HB 2639 

FINAL FILE 

4/29/2011 

EFFECTIVE 

5/30/2011 

00 

00 

0'1 
RULE MONITOR 

AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE 

Tax Department Use and Acceptance of Electronic 12129/2010 1/31/2011 4/15/2011 5/16/2011 

(110-10D) Records 

$4.20 

Procedural 

Tax Department Payment of Taxes by Electronic 1/26/2011 2124/2011 12129/2010 4/21/2011 

(110-10F) Funds Transfer Approved 

$6.80 2/8/2011 

Lel:lislative 

Tax Department Commercial Patent Incentives Tax 6/1/2011 7/1/2011 

(110-130) Credit 

$5.20 

Le islative 

Tax Department Commercial Patent Incentives Tax 6/14/2010 7/15/2010 7/28/2010 Modified & SB 175 4/21/2011 6/1/2011 

(110-130) Credit Approved HB 2641 

$4.20 10/11/2010 Bundled 

Legislative Filed SB 177 

11/5/2010 

Tax Department Exchange of Information Agreement 6/3/2010 7/6/2010 7/26/2010 Approved SB 176 4/21/2011 6/1/2011 

(110-50E) Between the State Tax Department 10/11/2010 HB 2604 

and the WV Lottery Bundled 

$2.40 SB 177 

Le islative 

Tax Department Exchange of Information Agreement 6/3/2010 7/6/2010 7/26/2010 Modified & SB 177 4/21/2011 6/1/2011 

(110-50F) Between the State Tax Department Approved HB 2642 

and the State Fire Marshal 10/11/2010 Bundled 

$2.40 Filed SB 177 

Legislative 11/5/2010 

Treasurer's Office Establishment of lmprest Funds 5/26/2010 6/28/2010 6/30/2010 Modified & SB 301 

(112-3) $2.80 Approved HB 2911 

Legislative 7/21/2010 Bundled 

Filed HB 2639 

7/30/2010 

Veterinary Medicine Organization and Operation and 6/25/2010 7/26/2010 7/27/2010 Modified & SB 178 

(26-1) Licensing of Veterinarians Approved HB 2643 

$5.60 11/16/2010 Bundled 

Legislative Filed HB 2639 

11/24/2010 

Veterinary Medicine Registration of Veterinary 6/25/2010 7/26/2010 7/27/2010 Modified & SB 179 

(26-3) Technicians Approved HB 2644 

$4.20 11/16/2010 Bundled 

Legislative Filed HB 2639 

11/24/2010 

Veterinary Medicine Standards of Practice 6/25/2010 7/26/2010 7/27/2010 Modified & SB 180 

(26-4) $5.80 Approved HB 2645 

Legislative 11/16/2010 Bundled 

Filed HB 2639 

11/24/2010 

00 

00 

..... 
AGENCY/SERIES NO RULE NOTICE HEARING 

Veterinary Medicine Certified Animal Euthanasia 6/25/2010 7/26/2010 

(26·5) Technicians 

$4.60 

Legislative 

Veterinary Medicine Schedule of Fees 6/25/2010 7/26/2010 

(26·6) $2.80 

Legislative 

Waste Management Hazardous Waste Management 6/14/2010 7/1512010 

(33·20) Rule 

$7.00 

Legislative 

Water Resources Requirements Goveming Water 3/3/2010 4/1/2010 

(47·2) Quality Standards 6/4/2010 7/19/2010 

$12.80 

Legislative 

Water Resources National Pollutant Discharge Called up by 

(47-10) Elimination System (NPDES) 2011 

System Legislature 

$13.90 

Le islative 

Water Resources Requirements Goveming 6/11/2010 7/15/2010 

(47·12) Groundwater Standards 

$3.20 

Legislative 

Water Resources Monitoring Well Design Standards 6/15/2010 7/15/2010 

(47·60) $8.40 

Legislative 

RULE MONITOR 

EMER RULE SEC/STATE LRMRC-ACTION 

6/25/2010 7/27/2010 Modified & 

Effective Approved 

8/6/2010 11/16/2010 

Filed 

11/24/2010 

7/27/2010 Modified & 

Approved 

11/16/2010 

Filed 

11/24/2010 

7/30/2010 Modified & 

Approved 

9/13/2010 

9/21/2010 

3/3/2010 6/4/2010 Approved 

Approved 7/30/2010 1/10/2011 

3/5/2010 

7/23/2010 Modified & 

Approved 

9/13/2010 

Filed 

9/14/2010 

7/26/2010 Modified & 

Approved 

9/13/2010 

Filed 

9/22/2010 

LEGIS 

SB 181 

HB 2646 

Bundled 

HB 2639 

SB 182 

HB 2566 

Bundled 

HB 2639 

SB 116 

HB 2609 

Bundled 

SB 121 

SB 122 

HB 2581 

Bundled 

SB 121 

Bundled 

SB 121 

SB 121 

HB 2611 

Bundled 

SB 121 

SB 120 

HB 2610 

Bundled 

SB 121 

FINAL FILE EFFECTIVE 

co 

co 

co 
Do Not Mark In This Box WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

LEGISLATIVE WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

Do Not Hark In This Box 

ADMINISTRATIVE LAW DIVISION ·•I - i : ~ I: ~ :J ~LC \ 

.!.o~!!! ------------------------L-----~--

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE 

AGENCY: Well Virginia Department of A[<li<ulture mLE NUMBER: 61 

RULETYPE: Legiolotive CITEAUTHORITY: -"'v.y.l:..lo.cl!!;"'lili-e.l.ll9:;o-7J.~.0~·-------

AMENDMENT TO AN EXISTING RULE: YES 2... NOIF YES, SERIES NUMBER OF RULE BEING AMENDED: 

16 

TITLE OF RULE BEING AMENDED::_tn_•pec:__ti_oo_o_rM_eo_t an_d_r_out_t..:.ry------------

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:----

mLE OF RULE BEING PROPOSED:------------------

-------------------------------------- IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHlCH 

ANY INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS 

COMMENTPERIODWILLENDON .Tuly 15, 201 1AT 4:00PM ONLYWRITTEN 

COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS: 

West Virginia Department of A&ri<:ulturo 

Meat and PouJUy lnspettion Division 

Attn: Robc1 E. Pitu DVM 

State Capitol 

1900 KJnawha Blvd., e .. t 

Clwlcston, WV lSJOS 

THE ISSUES TO BE HEARD SHALL BE 

LIMITED TO THIS PROPOSED RULE. 

!?!!//-- ( 'k1Q i'· t, (',. J.,, .. ,.-

Authorit.ed Signature 

ATTACH A 1!J!!.EE SUMMARY OF YOUR PROPOSAL 

fc..j.OO 

~J.l,; ::-.; l ;; 2: ;:G 

Form#! 

-------------------------- NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE 

AGENCY: WV Department of Environmental Protection- Division of Air Quality TITLE NUMBER: 45 

RULE TYPE: Lcgislatlve CITE AUTHORITY: ~W:.:. . .:.:V•::.:· Co=de'-'§::::ZZ:::-5:;::·4:,_ _____ _ 

AMENDMENTTOANEXISTINGRULE: YES[E) NOD 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: ..:4:.;5CS=RB:..._ __ 

TITLE OF RULE BEING AMENDED- Ambient Air Quality Standards 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:-----

TITLE OF RULE BEING PROPOSED=-------------------

DATE OF PUBLIC HEARING: July II. ZOll TIME: 6:00 p . .._ 

LOCATION OF PUBLIC HEARING: West Virginia Department of Environmental Protection 

Dolly Sods Conferenco Room (Room II 25) 

601 57th Stre<~. S.E. 

Cl>irlcston, WV- 25304 

COMMENTS LIMITED TO: ORAIU WRITTENO BOTIIOO 

DATE WRITTEN COMMENT PERIOD ENDS: --~J:.;ulyL-1:..:1:..:. Z:::.OI:,.:I _______ _ TIME: 7:00p.m. 

WRITTEN COMMENTS MAY BE MAILED TO: ~p~ub"'!!~clJ:l"w;rrnm,_•~''""""Ll.omlllll:rr"--------

Thc Department requests that persons wishing to make West Virginia Department of Envlronmenllll Protection 

comments at the hearing make an effort to submit written 

comments in order to facilitate the review of these comments. 

lbe issues to be hcurd shall be limited In the proposed rule. 

A ITACII A I!.B.l.EE SUMMARY OF YOUR PROPOSAL 

-~~:-P 

601 57th Street. S.E. 

Charleston. WV 2530.f 

00 

00 

<0 
WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

Do Not Hark In This Box LEGISLATIVE WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

Do Not Hark In This Box 

::::::\ 

-~~~-----------------------~--------------

NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE 

AGENCY: WV Department or Environmental Protection· Division of Air Quality TITLE NUMBER: 45 

RULE TYPE: Legislative CITE AUTHORITY: .!W:!..:·.!V~a._:::Cod~e~§2~2-~5-:!4 ______ _ 

AMENDMENT TO AN EXISTING RULE: YESCEJ NOD 

IF YES, SERIES NUMBER OF RULE BEING AMENDED:~ 

TITLE OF RULE BEING AMENDED· Pennits for Construction and Major Mo<llficatlon of Major Stationary Sources 

For the Prevention of Slgnificanr Detctton~tion or Air Quality 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:-----

TITLE OF RULE BEING PROPOSED:-------------------

DATE OF PUBLIC HEARING: July II. 2011 TIME: 6:00p.m. 

LOCATION OF PUBLIC HEARING: West Vtrgtnia O.partment or Envtroru....,tal Protection 

Dolly Sods Conference Room {Room 1125) 

60 !57th Stre<t, S.E. 

C!Uorlcstoii;-WV-25304 

COMMENTS LIMITED TO: ORAU WRITTENO BOTII00 

DATE WRITTEN COMMENT PERIOD ENDS: __ .....:l.::uly'--'-'11.:..:, 2"'0.:..:11--------- TIME: 7:00p.m. 

WRITTEN COMMENTS MAY BE MAILED TO: 

The Department requests that persons wishing to make . 

comments at the hearing make an effort to submit written 

comments in order to facilitate the review of these comments. 

Tho i55ucs to be beard shall be limited to the proposed rule. 

ATI ACII A .B.R!.EE SUMMARY OF YOUR PROPOSAL 

I /:l,t(D 

Puhlir lnf'n"'lRitnn nmno 

West Virginia Depanmcnt of Environmental Protection 

601 57th Strce!, S.E. 

.Charl~n. WV 25M4 

\~ .. 

~*~~ A uth rtzcd Stgnature 

'L·.~;~ --~· . -v r:i :_: 23 

Fonn#l 

-------------------------- NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE 

AGENCY: WV Depanment of Environmental Protection · Division of Alr Quality TITLE NUMBER: 45 

RULE TYPE: Legislative CITE AUTHORITY: ~W~·.::.V::.a.-"Co~de:::..>!.:§;::;·;::;·.::. 4 ______ _ 

AMENDMENT TO AN EXISTING RULE: YES(K] NOD 

IF YES, SERIES NUMBER OF RULE BEING AMENDED:~ 

TITLE OF RULE BEING AMENDED· Stao<lards ofPerfom>ance for New StoHonary Sources 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:-----

TITLE OF RULE BEING PROPOSED:-------------------

DATE OF PUBLIC HEARING: july II. 2011 TIME: 6:00p.m. 

LOCATION OF PUBLIC HEARING: West Vl'!linla O.partment of Environmental Protection 

Dolly Sods Conferen<:t! Room (Room II Z5) 

601 57th Street. S.E. 

Charleston. WV Z5304 

COMMENTS LIMITED TO: ORAU WRITTENO BOTIICEJ 

DATE WRITTEN COMMENT PERIOD ENOS: __ _..:;J.;;:uly._l:.;;l.:..:. 2::.01:..:;1 ________ _ TIME: 7'

00 p.m. 

WRITTEN COMMENTS MAY BE MAILED TO: 

The Department requesis that persons wishing to make 

comments at the hearing make an effort to submit written 

comments in order to facilitate the review of these comments. 

The issues to be heard shall be limited to the proposed rule. 

A ITACII A .I!Bll£ SUMMARY OF YOUR PROPOSAL 

t ,;lf. 9D 

Pnhllr Tnfnnnatlnn OffirP_ 

West VIrginia Department of Envlroomcntal Protection 

601 57th Street, S.E. 

Charle:o;.tnn. WV_2530( 

~~ Authorized Slt).ature -

00 

1.0 

0 
WEST Do Not Mark In This Box Do Not Mark In This Box VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

WEST VIRGINIA 

SECRETARY OF STATE LEGISLATIVE NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION < ..::·I 

-~~~-----------------------~--------------

NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE 

AGENCY: WV Department or Envtronmcnral Procectlon • Dlvl,lon of Air Quality TITLE NUMBER: 45 

RULE TYPE: Legislative CITE AUTHORITY: ..:W!.._:;Va~. ~Co~de'-'~~22:.;:·5~·4:__ _____ _ 

AMENDMENT TO AN EXISTING RULE: YESC8J NOD 

IF YES, SERIES NUMBER OF RULE BEING AMENDED:~ 

TITLE OF RULE BEING AMENDED· Con<rol or Alr Pollullon from Combustion or Solid Was1e 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:----

TITLE OF RULE BEING PROPOSED:------------------

DATE OF PUBLIC HEARING: Jul II. 2011 TIME: 6:00p.m. 

LOCATION OF PUBLIC HEARING: West Virginia O..partm..nl of Envtron.,..ntal Proll'('llon 

Dolly Sods Conference Ruom (Room 1125) 

60LS7th St""'r. S.F. Charl0$1on, WV 25304 

COMMENTS LIMITED TO: ORAt0 WRITTENO BOTH0 

DATE WRITTEN COMMENT PERIOD ENDS: __ .,.=.::Ju::riY.:.ll:.:.· :.::20:;,;11:__ ______ _ TIME: 7:00p.m. 

WRITTEN COMMENTS MAY BE MAILED TO: 

The Department requests that persons wishing to make 

comments at the hearing make an effort lo submit written 

cornmenU in order to facilitate the review of these comments. 

The I>Sucs 10 be heard shall be limited 10 the proposed rule. 

A l'fAC.ll A .!lRJEE SUMMARY 01' YOUR PROPOSAL 

I ~l·oa 

Pnhlll"' lnrllrYnlUinn nmr .. 

We51 VIrginia Department or Environmental Proteclion 

60t 57lh s.-. s.E. 

Charl..,ton. WV 2530( 

~,.~\~ ~~rllcd Signature 

LD!l J~·;· - ... : p;~ 2: -:S 

Form#l 

-------------------------- NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE 

AGENCY: WV Department ofEnvironmen(al Protection - Division of Air Quality TITLE NUMBER: 45 

RULE TYPE: Legislative CITE AUTHORITY: .,:W~.~V~··~Ce-2od~e'-"§~22::;·5~-4~-------

AMENDMENT TO AN EXISTING RULE: YEsi:8J NoD 

IF YES, SERIES NUMBER OF RULE BEING AMENDED:~ 

TITLE OF RULE BEING AMENDED· Pennits for Construction and Major Modlflcatlon of Major Slatlonary Sources 

Which Cause or Contribute lo Nonattainmcnt Areas 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:-----

TITLE OF RULE BEING PROPOSED:------------------

DATE OF PUBLIC HEARING: July 11.2011 TIME: 6:00p.m. 

LOCATION OF PUBLIC HEARING: West Virginia Department ofEnvironmcnial Prolection 

Dolly Sods Conference Room (Room IIZ5) 

601 57lh Strecl. S.E. ChiuieSton, WV 25304 

coMMENTS LIMITED TO: oRAIO wruTTENO som[K] 

DATE WRITTEN COMMENT PERJOD ENDS: --.-:!.:Ju::.lY..:.l;.:.l·.::20:.:.11:__ ______ _ TIME: 7:00p.m. 

WRITTEN COMMENTS MAY BE MAILED TO: 

Tho Department requests thai persons wishing to make 

comments at the hearing make an effort to submit written 

comments in order to facilitate the review of these comments. 

'lltc issues to be heard shall be limited lo the proposed rule. 

A lTACH A JUll.E[ SUMMARY OF YOUR PROPOSAL 

I' 

I~· s tJ 

Pnh11r lnrnmlaflon ClffiNo_ 

Wt!Sl VIrginia Dcpartm<nt of Environmcnlal Protection 

601 57 lit Street, S.E. 

C:harlrc:.tnn. WV _25304. 

~-·~~ <:; Authori;.; .;.;: 

00 

1.0 

.... 
WEST VIRGINIA Do Not Hark In This Box Do Not Hark In This Box 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

LEGISLATIVE 

WEST VIRGINIA 

SECRETARY OF STATE (' ' ~~. ~ , " L· s...U 

Fonn#l 

-------------------------- NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE 

AGENCY: WV Departmcru of Environmental Protection- Division of Air Quality TITLE NUMBER: 45 

RULE TYPE: Leglslallve CITE AUTHORITY: W.Va. Code §22-S-4 and Z2-18-6 

AMENDMENTTOANEXISTINGRULE: vEst:KJ NoD 

IF YES, SERIES NUMBER OF RULE BEING AMENDED:~ 

TITLE OF RULE BEING AMENDED· Control of Alr Pollutlon from HazardoUJ Waste Treatment. Storage and 

Disposal Facilities 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:----

TITLE OF RULE BEING PROPOSED=-------------------

DATE OF PUBLIC HEARING: july II. 2011 TIME: 6:00p.m. 

LOCATION OF PUBLIC HEARING: W"" Virginia Department of Environmental Protection 

Dolly Sods Conference Room (Room 1125) 

601 57th St-. S.F.. Chart.Sion, WV Z$304 

COMMENTS LIMITED TO: ORALO WRITTENO BOTHOO 

DATE WRITTEN COMMENT PERIOD ENDS: __ __,j=ut._y.:.;ll.:.;, 2:.:0.:.;11'---------- TIME: 7:00p.m. 

WRITTEN COMMENTS MAY BE MAJLED TO: 

The Department requests that persons wishing to make 

comments at the hearing make an effort to submit written 

comments in order to facilitate the review of these comments. 

The i!lsucs to be heard shall be limited to the proposed rulo. 

A ITACII A !!RliD: SUMMARY OF YOUR PROPOSAL 

, /0.80 

f»lrhlir-_fnfnnn:t~tinn nmr,. 

West. VIrginia Department of Environmental Protection 

GO I 57th S!rect, S.E. 

Ch3r1Moton_ WV 25304 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

Form#! 

~.~ --J :-:; 2: ::~ 

---------------------------~--------~-----

NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE 

AGENCY: WV Department of Environmental Protection- Division of Alr Quality TITLE NUMBER: 45 

RULE TYPE: Legislative CITE AUTHORITY: ...:.W:.:.· V.:.;•::..· Co=de:.,;§:::,:22:,::-5:..;-4:._ _____ _ 

AMENDMENT TO AN EXISTING RULE: YESCEJ NOD 

IF YES, SERIES NUMBER OF RULE BEING AMENDED:~ 

TITLE OF RULE BEING AMENDED· Requirement> for Opcratlng Permits 

IF NO, SERIES NUMBER 01' RULE BEING PROPOSED:-----

TITLE OF RULE BEING PROPOSED:-------------------

DATE OF PUBLIC HEARING: july 11.2011 TIME: 6:00p.m. 

LOCATION OF PUBLIC HEARING: West. VIrginia Department of Environmental Protection 

Dolly Sods Conference Room (Room 1125) 

601 57th Street. S.E. Charl<iston, WV-25304 

COMMENTS LIMITED TO: ORALO WRITTEND BOTHOO 

DATE WRITTEN COMMENT PERIOD ENDS: __ ___::j:::ul._y .:..:11.:..:· 2:::0.:..:11 ________ _ TIME: 7:00p.m. 

WRITTEN COMMENTS MAY BE MAILED TO: 

The Department requests that persons wishing to make 

comments at the hearing make an effort to submit written 

comments in order to facilitate the review of these comments. 

The issues to be heard shall be limited to the proposed rule. 

AlTACil A BRIEF SUMMARY OF YOUR PROPOSAL 

, 1.:1. ·Zh 

Puhllr lnfnrm:~tlnn nmrto 

West Virginia Department of Environmental Protection 

601 57th Street, S.E. 

Charloston. WV 25304 

00 

ID 

N 
WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

Do Not Mark In This Box 

LEGISLATIVE WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

Do Not Mark In This Box 

\". 1, 2= '21 "· ... 

Form Ill 

---------------------------~--------~----

NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE 

AGENCY: WV Departn~nt of Environmental Protection - Division of Air Quality TITLE NUMBER: 45 

RULE TYPE: Legislative CITE AUTHORITY: ..:W:!:·..::Y.::.:•·..:::Co~d:::,•.-::§2,:;2;::·5;::·4 ______ _ 

AMENDMENT TO AN EXISTING RULE: YEs0 NoD 

IF YES, SERIES NUMBER 01' RULE BEING AMENDED:~ 

TITLE OF RULE BEING AMENDED· Emts>lon Standards for llazardous Air l't>llut.mu 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:-----

TITLE OF RULB BEING PROPOSED=-------------------

DATE OF PUBLIC HEARING: Jut 11,201 1 TIME: 6:00p.m. 

LOCATION OF PUBLIC HEARING: W""Vtrglnla 0<-part""'ntofFnvtmnr""'"' Prnt<'Ction 

Dolly Sods Confcrenre Room (Room I J Z5) 

601 57th St""", S.E. 

Charleston. WV 25304 

COMMENTS LIMITED TO: ORAt0 WRITTEND BOTJI0 

DATE WRITTEN COMMENT PERIOD ENDS: __ _.:.:Ju:.~.. Y.:.: 11::.:· 2;:;. 0:.;. 11 _______ _ TIME: 7:oop.m. 

WRITTEN COMMENTS MAY BE MAILED TO: 

The Department requests that persons wishing to make 

comments at the hearing make an effort to submit written 

comments in order to facilitate the review of these comments. 

The i~sues lobe heard shall be limited to the proposed rule. 

ATfACH ABJ!!E.ESUMMARY OF YOUR PROPOSAL 

f tj t). 'ilO 

J1uhllr.Infnnn.,tlnn nmr,. 

Wr>t Vtr!(Jnla Department or Environm<nU!l Protection 

601 57th Str,.., S.E. 

Charlc.tton. WV 25~04 

'~.,~ < ~-"<' Authorized Sig turc 

L._::~'-.'::..; r·~·:z::J 

Form #I 

-------------------------- NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE 

AGENCY; WV Department of Environmental Protection - Division of Air Quality TITLE NUMBER: 45 

RULE TYPE: Legislative CITE AUTHORITY: _w"'.'"'V"'a.;_;C;;.;o"'de"'"§"'2Z'--5'--4"--------

AMENDMENT TO AN EXISTING RULE: YEs0 NOD 

IF YES, SERIES NUMBER OF RULE BEING AMENDED:~ 

TITLE OF RULE BEING AMENDED· Determining Confonnlty of General Federal Actions to Applicable 

Implementation Plans (General Confonnity) 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:-----

TITLE OF RULE BEING PROPOSED:-------------------

DATE OF PUBLIC HEARING: July 11.2011 TIME: 6:00p.m. 

LOCATION OF PUBLIC HEARING: West Vi<gtnia Department of Environmental Protection 

Dolly Sods Conference Room (Room 1125) 

601 57th Street. S.E. Charleston. WV 25:304 

COMMENTS LIMITED TO: ORALO WRITTEND BOTHC8J 

DATE WRITTEN COMMENT PERIOD ENDS: __ _::.;;Ju"'-ty.;;;ll;.:.;, 2;:;.01:.;.1 _______ _ TIME: 7:00p.m. 

WRITTEN COMMENTS MAY BE MAILED TO: 

The Oc;partmc;nt requests that persons wishing to make 

comments at the hearing make an effort to submit written 

comments in order to facilitate the review ofthese comments. 

The iS!iur.:S to be heard :ihall be limited to the proposed rule. 

£uhlk_lnfnnrnltlnn Offirt> 

Wr>t VIrginia Department of Envlroruncntal Protection 

60157th Stn:et. S.E. 

Charlcston._WV 2530( 

ATI'ACII A JlB!E[ SUMMARY OF YOUR PROPOSAL 

~-

l;o.oo 

co 

ID 

w 
WEST Do Not Mark In This Box VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

LEGISLATIVE 

2t\l } ... :.: -J r~; 2: t'J 

Fonnlll ----------------------------L--------.....;;_ __ _ 

NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE 

AGENCY: WV Department of Environmental Protection - Division of Air Quality TITLE NUMBER: 45 

RULE TYPE: Legislative CITE AUTHORITY: ..:W:!;·~V:.:.•·~C:::orl:!::e.li!§Z:;:Z~·5::.::·4 ______ _ 

AMENDMENT TO AN EXISTING RULE: YESIJD NOD 

IF YES, SERIES NUMBER OF RULE BEING AMENDED:~ 

TITLE OF RULE BEING AMENDED· REPEAL OF· Crecnhau>e Cas Emissions Inventory Program 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:----

TITLE OF RULE BEING PROPOSED:-------------------

DATE OF PUBLIC HEARING: Jul II, 2011 TIME: 6:00p.m. 

LOCATION OF PUBLIC HEARING: West Virginia Departi11Cnt of Environmental Protection 

Dolly Sods Conference Room (Room 1125) 

601 57th Su..,..., S.E. 

c~w1.ston:wv 25304 

COMMENTS LIMITED TO: ORAU WRJTTEND BOTHIJD 

DATE WRITTEN COMMENT PERIOD ENDS: __ ....:::Ju::.~ly~l.:.:1·.:;ZO:.:.l:..1 -------- TIME:. 7:00p.m. 

WRITTEN COMMENTS MAY BE MAILED TO: 

The Department requests that persons wishing to make 

comments at the hearing make an effort to submit written 

comments in order to facilitate the review of these comments. 

The Issues to be beard shall be limih:d to the proposed rule. 

AlTACfl A .I!BJE.E SUMMARY OF YOUR PROPOSAL 

I s.oo 

p,,h1ir Tnrnnnatlnn f'lm,... 

Wes1 Virginia Department of Environmental Protection 

601 57lh Street, S.E. 

C!.~rlrs.ton. \W 2~3Q.i 

~~~~ ~ 3 

Authorizc;;s;;u;e 

WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

Do Not Mark In This Box 

tr ; .::-- -= 1::1 G= 23 

Form#2 ----------------------------L------------

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE 

AGENCY: West Virginia Alcohol Beverage Control Commission TITLE NUMBER: ...:.1..;.:75;._ ___ _ 

RULE TYPE: Legislative CITE AUTHORJTY: W.Va. Code§§ 60-1-1. et seq .. 60-JA-1. 

et sea .• and 60-1-l...eL.McL 

AMENDMENT TO AN EXISTING RULE: _2L YES_ NO 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: --.!.--

TITLE OF RULE BEING AMENDED: . ...:L:::ic:::;e~ns:!::e::::.d.:.:R:::et::::ai~le:!..r ~OJ:::pe::::ra~t:::io.:,::ns:.__ __________ _ 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEING PROPOSED: 

------------------------------------------ IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH 

ANY INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. 

TlliSCOMMENTPERIODWILLENDON ::f.J..,. i) 2.0\\ AT ' I 

~'~ct.il'\· ONLYWRITTEN 

COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS: 

Anoop Bhasin, Esq., WVABCA General Counsel 

322 70'' Street, S.E. 

Charleston, WV 25304-2900 

THE ISSUES TO BE HEARD SHALL BE 

LIMITED TO THIS PROPOSED RULE. 

(;1 

LttlfLL_ 

Authorized Signature' 

ATTACH A BRIEF SUMMARY OF YOUR PROPOSAL 

17.'J.O 

co 

<D 

"" 
Do Not Mark In This Box 

LEGISLATIVE WEST VIRGINIA 

SECRETARY OF STATE WEST NATALIE E. TENNANT VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

Form#2 

-------------------------

Do Not Mark In This Box 

' ' ,, , ' .:. .·:t J: s "j 

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE 

AGENCY: West Virginia Alcohol Beverage Control Commission TITLE NUMBER: ..:.17.:..::5~---

RULE TYPE: Legislative CITE AUTHORITY: W.Va. Code§§ 60-JA-1. et seq. 

AMENDMENT TO AN EXISTING RULE: .JL YES_NO 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: 5 

TITLE OF RULE BEING AMENDED: . ...:L;:.:ic::::e:!!n2-!si!!Jns:;,;o~f...:R~c:!!ta:.:;ii:..:O::.:u!!.tl::;c:::ts ____________ _ 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEING PROPOSED: 

------------------------------------------ IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICII 

ANY INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. 

THIS COMMENT PERIOD WILL END ON T;,J-1 <; 1 2.ol\ AT :) :SO A. g... ONLY WRITTEN . COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS: 

Anoop Bhasin, Esq., WVABCA General Counsel 

322 70" Street. S.E. 

Charleston, WV 25304-2900 

THE ISSUES TO BE HEARD SHALL BE 

LIMITEP TO THIS PROPOSED RULE. 

Autnonzcd Signature 

A TT ACB A .ll!llE..E SUMMARY 01' YOUR PROPOSAL 

fq.(;.o 

• ~:: 3: 27 

ADMINISTRATIVE LAW DIVISION 

Fonn#2 ·---------------------------'-----------

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE 

AGENCY: wv Consolidated Public Retir<menc Board TITLE NUMBER: 162 

RULE TYPE: Legislative CITE AUTHORITY: ..!WwY~•-..!C.JloJe!l£.l!L.;S~-IL.IIOJ.!D·::.~I ______ _ 

AMENDMENT TO AN EXISTING RULE: YES 2.... NOIF YES, SERIES NUMBER OF RULE BEING AMENDED: Series 5 

TITLE OF RULE BEING AMENDED:..· P_u_b_Hc_E_m..;p:..loy<e...:...::'...;R::•::•in:::mc:=n::.•;:;SY:.:'::'•:::m:_ ___________ _ 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:----

TITLEOFRULEBEINGPROPOSED:----------------------------------

IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH 

ANY INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS 

COMMENTPERJODWILLENDON JulyS· 2011 AT~ ONLY WRITTEN 

COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS: 

Tcrasa L. Miller, Actina Executive Director 

WV Con5olidatcd Public Retirement Board 

4101 MocCurkle Ave., SE 

CharlcMon, WV 25304 

THE ISSUES TO BE HEARD SHALL BE 

LIMITED TO THIS PROrSED RULE. 

,, ;) 

/) l// 

(; 'ul(;1-P1.c-:-! ro --J, , 1 

_tuth/rizf,gnature 

ATTACH A I!RIEE SUMMARY OF YOUR P\P~~At(>' ,/ 

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# $·00 .. l~vJ; . .__'\ f;y_~.u:_ 't;.dtr 

00 

1.0 

V1 
Do Not Mar1< In This Box Do Not Mar1< In This Box WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

LEGISLATIVE WEST VIRGINIA 

SECRETARY OF STATE 

; .. ';; --~~·:.~ -2 r:: ~; 21 

ADMINISTRATIVE LAW DIVISION 

Fonn#2 

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE 

AGENCY: WV Con....,iidatcd Public Rcoin:mc:nt Board TITLE NUMBER: i62 

RULE TYPE: tegi>inoivc CITE AUTHORITY: ..:W::.o·..:V"'•..:· C.:,od:><<,.;§:~.o5.,_.1-110wQ:;J·t~.-_____ _ 

AMENDMENT TO AN EXISTING RULE: YES~ NO--

IF YES, SERIES NUMBER OF RULE BEING AMENDED: Series 7 

TITLE OF RULE BEING AMENDED· Refund. Rcinst:llcment. Retroactive Service. Loan and Employer Error lntcre~;t 

Pact on 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:-----

TITLEOFRULEBEINGPROPOSED: __________________________________ ___ 

IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH 

ANY INTERESTED PERSONMA Y SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS 

COMMENT PERIOD WILL END ON July 5· 

2011 AT~ ONLY WRITTEN 

COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS: 

Terasa L. Miller. Actina: Executive Director 

WV Cun!oolidated Public Rctin:menl Boord 

4101 MacCorl<le Ave., SE 

Cbarlesoon, WV 25304 

THE ISSUES TO BE HEARD SHALL BE 

LIMITED TO THI%PROPOSED RULE. 

( J 

Jv ~./;t../7- / s, 3-r ( 

,/ /i L 

' Authodzcd Signature 

I 

A IT ACll A .lm!Ef SUMMARY OF YOUR PROPOsAL 

II '-l·'ftJ 

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;;.)vtb~· ,.:.. '-f/tt?--- r, /I \ r-- \·" { t\c:\'·t<l tJ/ec'-J-,If )•H·~-bf 

NATALIE E. TENNANT 12~\:: ~ ~<: 3: Ll 

ADMINISTRATIVE LAW DIVISION 

. !_o~ !E-------------------------'--------..;,._ _____ _ 

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE 

AGENCY: wv Con;olid3ted Public Rclin:mcno Board TITLE NUMBER: I 62 

RULE TYPE: Legi>lnoive CITE AUTHORITY: .,:W;:.. • .,:V"'a ..:C.:.od"'c'-'§"'5"-·"'IO,.D:;J·I'-------- • 

AMENDMENT TO AN EXISTING RULE: YES~ NOIF YES, SERIES NUMBER OF RULE BEING AMENDED: Series 9 

TITLE OF RULE BEING AMENDED·: .• w_.,_,_v_ir:.gi._n:::i•:::S:::'":::'•.:.P;:ol::;k::.·•----------------

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:-----

TITLE OF RULE BEING PROPOSED:--------------------

------------------------------------------ IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH 

ANYINTERESTEDPERSONMAYSENDCOMMENTSCONCERNINGTHESEPROPOSEDRULES. THIS 

COMMENTPERIODWILLENDON JulyS.lOii AT~ ONLY WRITTEN 

COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS: 

Tcru!.ll. L. Miller. Acting Executive Director 

WV Consolidated Public Retirement Board 

4101 MacCorkle Ave., SE 

Charleston, WV 25304 

THE ISSUES TO BE HEARD SHALL BE 

LIMITED TO THIS PROPOSED RULE. 

;( 

.r1 If ;1vV<fYL c;~l-(1 

, I Authoriz~ Signature l J I 

I l ~ I 

A IT ACH A Jm!EE SUMMARY OF YOURP~OPOSAL -J 

u.J j 0,nr t1. -t '-1 ~ 

·A~ - E .J .. .::,u:,.~oe X bt~:\::r 's.oo ,<. •"-c\ !·'-

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1.0 

0'1 
WEST Do Not Mark In This Box Do Not Mark In This Box VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

LEGISLATIVE WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

i:', .:' -:.: r;i 1: r, 1 

-~~-----------------------~--------------

NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE 

AGENCY: Governor's Committee on Crime, Delinquency and Correction TITLE NUMBER: 149 

RULE TYPE: legislative CITE AUTHORITY: West Virginia Sonoe Code 30-29-3 

AMENDMENT TO AN EXISTING RULE: YES[2] NOD 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: .:;2 ___ _ 

Law Enfon:;:cmenl Training Stand.mJs 

TITLE OF RULE BEING AMENDED:-------------------

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:-----

TITLE OF RULE BEING PROPOSED:-------------------

·------------------------------------------

DATE OF PUBLIC HEARING: N/A Public comment period being used, slnrting June 3, 2011 TIME:-----

LOCATION OF PUBLIC HEARING: N/A Public comment pcnnd bcins used lllnc 3. 2011 through July 6, 2011 

coMMENTSLIMITEDTO: oRAtO WRITTENO aon1D 

DATE WRITTEN COMMENT PERIOD ENDS: ,::W:.:•::d"::;"::d•::.Y.:..:• J::;ul._y.:;:6·.:;2;.:01~1--------­ TIME:~ 

WRITTEN COMMENTS MAY BE MAILED TO: 

The Department requests that persons wishing to make 

comments at the hearing make an effort to submit written 

comments in order to facilitate the review oflhcsc comments. 

The issues to be heard shall be limited to the proposed rule. 

A TT ACII A JlBlEf SUMMARY OF YOUR PROPOSAL 

I 

/2..2.0 

/ 

t:l:i•lirrolrAI"'Ininr'hurlt Ci.rutlo•r 

Law Enrorccment Tnining Coordinator 

UJL~ 

1204 Kana.\\ hi Boulc\lard E1st 

Ch:nl~stc:on. WV 2-'i.301 

')7/r~;~~~ I,., "horized Si0naturc 

J~rbert Federspiel 

Executive Director 

2LJi.r..;·~·;-3 r~::s:tr:J 

Form#! 

-------------------------- NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE 

AGENCY: Governor's Committee on Crime, Delinquency and Correction TITLE NUMBER: 149 

RULE TYPE: legislative CITE AUTHORITY: West Virginia Stale Code 62-IA-11 

AMENDMENT TO AN EXISTING RULE: YESD NO (K] 

IF YES, SERIES NUMBER OF RULE BEING AMENDED:-----

TITLE OF RULE BEING AMENDED:..· -------------------

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: _o::._ __ _ 

TITLE OF RULE BEING PROPOSEL. Motor Vehicle Search Standards 

DATE OF PUBLIC HEARING: N/A Public comment period being used, starting June 3. 2011 TIME:-----

LOCATION OF PUBLIC HEARING: N/A Public commcnl period being used June 3. 20lllhrough July 6, 2011 

COMMENTS LIMITED TO: ORALD WRITTENI:Kl BOTHO 

DATE WRITTEN COMMENT PERIOD ENDS: .:;W.:::cd:::nesdli=!.!Y·.:.:lu::!ly:..::6~, 2:::0:.:11 _______ _ TIME: s:oo p.m. 

WRITTEN COMMENTS MAY BE MAILED TO: 

The Dcpartmenl requests that persons wishing to make 

comments at the hearing make an effort to submit written 

comments in order to facilitate the review of these comments. 

The issues to he hear\~ shall be limited to the proposed rule. 

A TTACII A J!Rl.E.E SUMMARY OF YOUR PROPOSAL 

'f. II~ 

Rrt1r .. rl ("'&~nlnin f'hurl. ~m!l .. r 

Law Enforcement Training Coordinator 

UJ\,.-:; 

1204 Kanawha Boulevard East 

C'hnrl~slnn. WV 23301 

I\~-=-'~- "");/;"rJ;£ /) ' I ,_.q{;_A:'~ I I f I 

/ Auth~1ed Signature 

co 

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...... 
WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

Do Not Mark In This Box LEGISLATIVE 

l' - 3: ?3 

ADMINISTRATIVE LAW DIVISION 

.£.o~!E---- --------------------L---------------

0 \\ e;,v 

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE 

AGENCY: Governor's Office of Health Enhanccmc:nt and Lifestyle Planning TITLE NUMBER: 210 

RULE TYPE: Legislative CITEAUTHORITY: .s!.!.!I6!:J·?i.l9:t~H::l-R'-----------

AMENDMENT TO AN EXISTING RULE: YES~ NO--

IF YES, SERIES NUMBER OF RULE BEING AMENDED:-----

TITLE OF RULE BEING AMENDED-Prescription Drug Advertising Expense Reporting 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:-----

TITLE OF RULE BEING PROPOSED:-------------------

IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH 

ANY INTERESTED PERSON MAY SENDCOMMENTSCONCERNINO THESE PROPOSED RULES. THIS 

COMMENT PERIOD WILL END ON JulyS. 2011 AT~ ONLY WRITTEN 

COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS: 

GO HELP 

1124 Smith Stn:cl. Suite lOS 

Charleston. WV 25301 

GOHELP@w-..gov 

THE ISSUES TO BE HEARD SHALL BE 

LIMITED TO THIS PROPOSED RULE. 

iPJ(\. HC<L -u 'Zt~~,/iL_A._ A~orized Signature 

ATTACH A J!R!E!!:SUMMARY OF YOUR PROPOSAL 

\ 

WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

Form#2 

AGENCY: ~~IQIICC COIIIIIII§,j1UII 

Do Not Mark In this Box 

Lrtt .;t::. -J r;~ 3= 12 

RULE TYPE: Joint Legislative Rule CITE AUTHORITY W.Va. Code §§16-IA-9 and 33-2-10 

AMENDMENT TO AN EXISTING RULE: YES_ NO _x_ 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: 

TITLE OF RULE BEING AMENDED: 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: 89B 

TITLE OF RULE BEING PROPOSED: Credentialing Verification Organization 

IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY 

INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS 

COMMENTPERIODWILLENDON July 8. 2011 AT 5·00 o.m. . ONLY WRITfEN COMMENTS 

WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS: 

Timothv Murohv. Associate_Co~nsel 

WV Offices of the Insurance CQinm_i_ssioner 

P. 0. Box 50540 

Charleston WV 25305-0540 

Timothv.Murohv@.WYlmurance.gov 

THE ISSUES TO BE HEARD SHALL BE 

LIMITED TO THIS PROPOSED RULE. 

c&JfL__ ---p- . 

Charles 0. Lorensen 

Cabinet Secretary 

West Virginia Department of Revenue 

'Lf.(po 

ATTACII A BRIEF SUMMARY OF YOUR PROPOSAL 

~ 00 
Maureen Lewis 

From: 

Sent: 

To: 

Subject: 

Attachments: 

Dingess. Jennifer L <Jennifer.LDingess@wv.gov> 

Wednesday, June 08, 201110:27 AM 

Maureen Lewis 

SPA 10-06 Special Hospital Payments 2011 APPROVED 

LEGISLATIVE 

/.UitJ1.::-G 1'111::.31 

SPA 10·06 APPROVED PDF sent to SoS Dolly Keffer and Law 0608ll.pdf ·.I~ 

WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

Do Not Mark In this Box 

2at1..:u:.· -s F:: 3= !3 

Form#2 

Attached please find an approved amendment to the West Virginia Medicaid State Plan. Please find in your 

Medicaid State Plan book, section 4. I 9-A and replace the pages as indicated below: 

Page 24 and replace it with the new page 24 

Page 24a and replace it with the new page 24a 

Page 24b and replace it with the new page 24b 

Page 24c and replace it with the new page 24c 

WV Code §29A-1-3(c) requires that rules relating to public assistance shall be filed and published in the state 

register. It is my understanding that the Office of the Secretary of State has accepted the Bureau's format for 

rules, manuals, etc. 

Please reply to this email acknowledging receipt. 

Jennifer b. G. 'f>lngu~. i~el"l'l~ry to the bi';g~t Counaet 

't'll~a Pes~ Ill & iu~an 'Harman. ~un~~l 

W~t l?irginio '£>~pat1m~nt oj tteolth ond ttumon ~ure~ 

5u~u for /1\~dit!!ll ~rvl~ 

15!10 C..pllo1 it11<et. ~ulte 2.'51 

Cherlulon, Wut 171rglnle 2.'5301 

Phon~: 304-15!16-4~9 

fCJ!: 304-,8-1509 

J<nnlf~r.b,])ln!J~••@•/\'.tl.;>V 

·l'lll~nlion: ttiP·MI pt11: ~pgeit\1 ttunJiin::l R~quir~J 

Thi• ~-muil eommunleutlon I hot you hu•·~ r~e~iv~~ may eonluln prol~el~~ tl~ullh lnformulion tPtll) u• <l~Jin~d by Th~ tl~ollh 

ln•urnne~ Porlobility on~ '!'leoounlobllily '!'let o[l9!lo (t11P'(l·(1). f~~~rollow monJol~& thol you not u•~ or Ji•clor.~ th~ 

inf.:-rrnatlcn eC~nte.lnlZ.f.l hi.nln in ony "',ulJ thbl \\1ill eompromi"e the pri\'ue~. r.eeurily cr cc-nfidentioliltJ of th~ inUi\'idu~Jl to 

whom th~ infol'l'lolion p~rtoin•. If thla ~-moil communi cot ion hoo b~~n mi><lir~et~J to you. notify th~ •~nJ~r of thia ~-moil ot 

your ~nrliiU'I opportunlly. d~l~l~ th~ ~-moil ond d~•lroy ony copi~• of th~ ~-moll I hot y.;>u moy hov~ produced. 

Thts rf:Ql!est for e.ttomey edvlce end Jr.rormatlon from cl1ents is $1.-l:-ject to attorney,rc!.enc priv::ect. The lnforrr.ation conta;ned In this e:ectror.lc messace 

IS !~ally pn\'il~e:! and c.or.fldentia! under llpphub!e law~tnd ts: Intended on!y ror the use of tl"'e indr~od~.;al or ent.ty named abo>~e. H tne recl~,ent of 

tn:s message is not the eOOve-narr.!d lnte"!de:j recip•ent. you a~ hereby notified that any d·ssem.not~an, copy or d.sc1csure of tr,;s ccmmun.ca~on 15 

Stt'CVY prohlb,t!d. 

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE 

AGENCY: WV Health Insurance Plan TITLE NUMBER: --1.! Ll !.--------------

RULE TYPE: Legislative CITE AUTHORITY W.Va. Code §33-48-7b 

AMENDMENT TO AN EXISTING RULE: YES_X __ NO __ _ 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: , 

TITLE OF RULE BEING AMENDED: _...!Pr...,e"'m""iu"'-m"-"'Su"-'b""si"'-dyL--------------

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:-----------

TITLEOFRULEBEfNGPROPOSED: _____________________________ _ 

IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY 

INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS 

COMMENTPERIODWILLENDON July 8. 2011\.T [:00 o.m .. ONLYWRITIENCOMMENTSWIILBE 

ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS: 

TimothY Mumhv, Associate Counsel 

WV Offices of the Insurance Commililiioner 

P.O. Box 50540 

Charleston. WV 25305-0540 

Timothv.Murohv(<Qwvinsurance.l(oV 

THE ISSUES TO BE HEARD SHALL BE 

LIMITED TO THIS PROPOSED RULE. 

(YA__ 

""' Charles 0. Lorensen 

Cabinet Secretary 

West Virginiil Department of Revenue 

ATTACH A~ SUMMARY OF YOUR PROPOSAL 

(3· "ffO 

co 

10 

10 
WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

Do Not Mark In this Bo7-LEGISLATIVE WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

_Do Not Mark_ In this Box 

itll._~ 1 •• -,J r ;; 3= :-

ADMINISTRATIVE LAW DIVISION 

Form#2 

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE 

AGENCY: Insurance Commission TITLE NUMBER: ---'1'-'-1"-4 --------

RULE TYPE: Legislative CITE AUTIIORilY W.Va. Code §33-2-10 

AMENDMENT TO AN EXISTING RULE: YES -.X_ NO __ 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: 2 

TIUE OF RULE BEING AMENDED: Licensing and Conduct of~ Insurance Producers aJ!L 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: ------

TITLE OF RULE BEING PROPOSED:--------------------

IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY 

INTERESTED PERSON MAY SEND COI'vlMENTS CONCERNING THESE PROPOSED RULES. THIS 

COMMENTPERIODWILLENDON JulyS, 2011 AT 5:00p.m. • ONLYWRfiTENCOMMENTS 

WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS: 

Timothy M\!mh_y,__Attorru;y_Sm,J:rYisor 

WV Office£ of the Insuranc<:_Commissioner 

P. 0. Box 50540 

_Qjar!eston WV 25305-0540 

.....Iimothy.MurohWilwvinsurance.gov 

THE ISSUES TO BE HEARD SHALL BE 

LIMITED TO TillS PROPOSED RULE. 

CkL---

V Charles 0. Lorensen 

Cabinet Secretary 

West Virginia Department of Revenue 

I _s-.1-o A Tf AC!l A BRIEF SUMMARY OF YOUR PROPOSAL 

~ ': :; l :i 

ADMINISTRATIVE LAW DIVISION 

Form#2 

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE 

AGENCY: Insurance Commission TITLE NUMBER: -'-1 !.:!4'---------

RULE TYPE: Legislative CITE AUTHORITY W.Va. Code §33-2-10 

AMENDMENT TO AN EXISTING RULE: YES__]L_ NO __ 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: 20 

mLE OF RULE BEING AMENDED: Surolus Lines Insurance 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: ------

TIUEOFRULE BEING PROPOSED:--------------------

IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY 

INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS 

COMMENTPERIODWILLENDON July 8, 2011AT 5:00p.m, . ONLY WRITfENCOMMENTS 

WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS: 

Timothy Murphy Associate Couns~ 

WV Offices of the Insurance Commissioner 

P. 0. Box 50540 

Charleston WV 25305-0540 

Timothv.MurohV(<~WYiost•rance.gov 

THE ISSUES TO BE HEARD SHALL BE 

LIMITED TO THIS PROPOSED RULE. 

a~ Charles 0. Lorensen 

Cabinet Secretary 

West Virginia Department of Revenue 

.; /0. 8'0 A TT ACII A BRIEF SUMMARY OF YOUR PROPOSAL 

<D 

0 

0 
WEST VIRGINIA Do Not Mark In this Box Do Not Mark In this Box 

SECRETARY OF STATE 

NATALIE E. TENNANT 

, . .: LEGISLATIVE 

WEST VIRGINIA 

SECRETARY OF STATE i.'~~~··~~-v L:J:jj 

ADMINISTRATIVE LAW DIVISION 

Form#2 

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE 

AGENCY: Insurance Commission TITLE NUMBER: -l.ul4~--------

RULE TYPE: Legislative CITE AUTHORITY WV Code §33-2-10 & 33-27-14 

AMENDMENT TO AN EXISTING RULE: YES ___ NO---

IF YES, SERIES NUMBER OF RULE BEING AMENDED: 35 

TITLE OF RULE BEING AMENDED: Insurance Holding Company Svstcms Beperting Forms 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:----------

TITLE OF RULE BEING PROPOSED:-------------------

IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY 

INTERESTED PERSON MAY SEND COMMENTS CONCERNING TI!ESE PROPOSED RULES. THIS 

COMMENT PERIOD WILL END ON ...J.!LJ...v...a.,.._Zli\T _5.:.Q.Q..Q..JJL....ONLYWRITI1:"'NCOMMENTSWILLBE 

ACCEPTED AND ARE TO BE MAILED TO TilE FOLLOWING ADDRESS: 

.Ji!JlQthy Mumby. As~.Qllij~""--------

WV Offices of !W!J'illrilll!'C Commil'SQ.Qer"-----

P. 0. Box50540 

Charleston WV 2j~!!L--------

_Iimothy.Mumhy.@.ln'i'l~~~rang~,~o,_,v'-------

Tl IE ISSUES TO BE HEARD SHALL BE 

LIMITED TO TillS PROPOSED RULE. 

a~L---- Charles 0. Lorensen 

Cabinet Secretary 

West V!Tgmia Department of Revenue 

./ }1·'/tJ 

A lTACII A .!!B.llif SUMMARY OF YOUR PROPOSAL 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

Form #2 

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE 

AGENCY:_ Insurance Commission TITLE NUMBER: -LIIl.:!4'---------

RULE TYPE: Legislative CITE AUTHORITY WV Code §§33-2-10 and 33-12-35 

AMENDMENT TO AN EXISTING RULE: YES_K___ NO __ _ 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: __,42.._ ____ _ 

TITLE OF RULE BEING AMENDED: Continuing Education For Individual Insurance Producers 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:----------

TITLE OF RULE BEING PROPOSED:-------------------

IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY 

INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. TillS 

COMMENTPERlODWlLLENDON July 8. 20JAT 5:00 p.m.ONLYWRTITENCOMMENTSWILLBE 

ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS: 

Tim_othy_Mumhv. Attorney Supervisor 

WV Offices of the Insurance Commissioner 

P. 0. Box 50540 

Charleston WV 25305-!)540 

Timothv.Mumhv(aJwvinsurance.J(ov 

THE ISSUES TO BE HEARD SHALL BE 

LIMITED TO Tl liS PROPOSED RULE. 

Clmrles 0. Lorensen 

Cabinet Secretary 

West Virginia Department of Revenue 

I S'.'-o 

ATTACH A BRIEF SUMMARY OF YOUR PROPOSAL 

10 

0 

-
WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

LEGISLATIVE 

Do Not Mark In this Box 

211;~~>:..: r:: 3:10 

WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

Do Not Mark In This Box 

2CI: . , J :: t m: 2.3 

' '' ~. 

Form#2 Form #2 ·----------------------------'------------

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE 

AGENCY: Offices of the Insurance Commissioner TITLE NUMBER: -L1!.:14!..-_______ _ 

RULE TYPE: Legislative CITE AUTHORITY W, Va. Code §33-2-10 

AMENDMENT TO AN EXISTING RULE: YES __ NO __x_ 

IF YES. SERIES NUMBER OF RULE BEING AMENDED: 

TITLE OF RULE BEING AMENDED: 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: -~9~3 ___ _ 

TITLE OF RULE BEING PROPOSED: ...J:!M:uinrui,..!,C..J.O!!B!!'RA;A. _______________ _ 

IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY 

INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS 

COMMENTPERIODWILLENDON July 8, 2011 AT 5:00 o.m. . ONLYWRITTENCOMMENTS 

WILL BE ACCEPTED AND ARE TO BE MAILED TO TilE FOLLOWING ADDRESS: 

Timothy Murnhv. Aill!ciate .Counse.,l ______ _ 

WY Offices of the Insurance Comt!lll8Q.n,_,c"-·r ___ _ 

P. 0. Box 50540 

_£harleston WV 25305-0540 

Timothv.Murnhv@wvinsurancc.gov 

THE ISSUES TO BE HEARD SHALL BE 

LIMITED TO THIS PROPOSED RULE. 

!/ '-f ,z.o A Tr ACII A BRIEF SUMMARY OF YOUR PROPOSAL 

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE 

AGENCY: West Virginiil Di\'is.ion of Labor TITLE NUMBER: 42 

RULE TYPE: Legislative CITE AUTHORITY: w. Va. Code 21-15-6 and 21-ll-8 

AMENDMENT TO AN EXISTING RULE: YES- NO -•-

IF YES, SERIES NUMBER OF RULE BEING AMENDED:-----

TITLE OF RULE BEING AMENDED·'---------------------

10 IF NO, SERIES NUMBER OF RULE BEING PROPOSED:-----

TITLE OF RULE BEING PROPOSED: Zipline and Canopy Tour RC5ponsibility Act 

IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH 

ANY INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS 

COMMENTPERIODWILLENDON July8,ZOII AT~ ONLY WRITTEN 

COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS: 

David W. Mullins, Commissioner 

Division or Labor 

Slate Cnpitol Complex 

Building 6, Room 13-749 

Charleston, WV 25305 

TilE ISSUES TO BE HEARD SHALL BE 

LIMITED TO THIS PROPOSED RULE. 

at t--1d'_ t2 _ ntA-tn----

il Authorized Signature 

ATTACH A I!R!E.E SUMMARY OF YOUR PROPOSAL 

#q.oo w;o ma.n._._, 

#,I C. •</O W/ O?d.nUA./ ;J 

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I'V 
WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

Do Not Marl< In This Box LEGISLATIVE WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

Do Not Mark In this Box 

£.\\~·:;-;; 1:12:Ul 

ADMINISTRATIVE LAW DIVISION 

l'om1#2 ....___ __ ~_:____ 

--------------------------

yVP 

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE 

Uivi-ion ol f'o:nurall{c .. \\UU:L"~ L:.aw l:.nfun;cn11:nt Sc<.:tton 

AGENCY: TITLE NUMBER: 5~ 

RULE TYPE: l.··~,luti•c-~Ruk CITE AUTIIORITY: .'c:;":.:-7;.,-·~~-"""'"''-'""'""-'·':.:,-2'"''---------

AMENDMENT TO AN EXISTING RULE: YES 2_ NOIF YES, SERIES NUMBER OF RULE BEING AMENDED: 27 

Trn.E OF Rl JLE BEING AMENDED:_s.;.·"'-~-·ou_I_M_,_,.,_.oo_,_,,_·ny:._l\c:.:~:::"':::"':::'":::":_' --------------

IF NO, SERIES NUMIJER OF RULE BEING PROPOSED:-----

TITLE OF RULE BEING PROPOSED:---------------------

IN LIEU OF A I'URI.IC HEARING, A COMMENT PERIOD liAS BEEN F~~TABLISIJED DURING WJJIC'II 

At\Y INTERES fED PERSON MAY SENOCOMMENTSC'ONC'ERNING TIIESE PROPOSED RULES. TillS 

('OMMEI'\TPJ:RIOD WILL END ON July9."011 A'l ~ ONLYWRIHE!'\ 

COMMENTS WILL BE ACCEI>J'I'J) AND ARE TO BE MAILED TO TilE FOLLOWING ADDRESS: 

Lt.l'olond Jcny B knkins.l>q,UI}I ('hid 

Ui~bion or Naturlll KL~liUrtC~.la" l~nllii\:CI11Cill Scclion 

32"' h-.urth Avenue. Uu11!.linJ: 7.& 

South Chark.,.rvn WV 1~0UJ·I~2K 

AT I ACII A Illi.!E..E SU1V1o 

TilE ISSUES TO BE HEARD SIIAI.l. BE 

LIMITED TO TillS PROPOSED RULE. 

/g~ 

Authorized Signature 

2Dll JL.; -G fii 3: CS 

ADMINISTRATIVE LAW DIVISION ! •<t 

Form#2 

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE 

AGENCY: Secretary ofDHHR; Insurance Commissioner: and Chair of the Health Care Authority 

TITLE NUMBER: _ _,_,I lc::4,_,A.__ ______ _ 

RULE TYPE: Joint Legislative Rule CITE AUTHORITY W.Va. Code §33-4A-8 

AMENDMENT TO AN EXISTING RULE: YES __ NO _x_ 

IF YES, SERIES NUMBER OP RULE BEING AMENDED: 

TITLE OP RULE BEING AMENDED: 

IF NO, SERIES NUMBER OP RULE BEING PROPOSED: _ _.2~----

TITLE OF RULE BEING PROPOSED: All-Payer Claims Database Program's Privacy and Security 

Rule 

IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY 

INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS 

COMMENTPERIODWILLENDONJuly 8, 2011 AT 5:00p.m. .ONLYWRITTENCOMMENTS 

WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS: 

TimothY Murohv. Attoim:y_SunerYisqr 

WV Offices of the lnsumnceCommissioncr 

P. 0. Box 50540 

__Qjarleston WV 25305-0540 

Timothv.Murphy(U/wvinsurance.gov 

THE ISSUES TO BE HEARD SHALL BE 

LIMITED TO THIS PROPOSED RULE. 

1:./v-'cli"arles 

rli~ 0. Lorensen 

Cabinet Secrelllry 

West Virginia Department of Revenue 

ATTACH A BRIEF SUMMARY OP YOUR PROPOSAL 

t 1,.1-'., 0 

I.D 

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w 
WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

Do Not Mllrk In This Box 

-·~ i 

lUI/ JU.'! -S Fll 3: 17 

ADMINISTRATIVE LAW DIVISION 

Fonn #2 ';':j 

------------------------- '''-

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE 

AGENCY: West Virginia State Police TITLE NUMBER: 81 

RULE TYPE: lntcrpn:tive CITE AUTHORITY: w v. Code &IS-'-2 l & 4 

AMENDMENT TO AN EXISTING RULE: YES 2. NOIF YES. SERIES NUMBER OF RULE BEING AMENDED: Series 13 

TITLE OF RULE BEING AMENDED:.-O...;rs:.•_m_·za_u_·o_na_l_st_ru_c_tu_rc _________________ _ 

IF NO. SERIES NUMBER OF RULE BEING PROPOSED:-----

TITLE OF RULB BEING PROPOSED:--------------------

IN LIEU OF A PUBLIC HEARING. A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH 

ANY INTERESTED PERSON MA V SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS 

COMMENT PERIOD WILL END ON Juty 10• 2011 AT~ ONLY WRITTEN 

COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS: 

rJLt. Joe Whih: 

Wo:!<!l Vir~inia State Police l:M:..:uti\C Ollicc 

7251cfl\..-nun Road 

South (.'harJ~slon. WV 25309 

TilE ISSUES TO BE HEARD SHALL BE 

LIMITED TO THIS PROPOSED RULE. 

C\l~ V Aulliorized Signature 

ATTACH A J!RIE.E SUMMARY OF YOUR PROPOSAL 

, 9 .. , () 

INTERPRETIVE 

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.... 
WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

Do Not Mark In This Box 

Filing Date EMERGENCY WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

Do Not Mark In This Box 

Flll,ng Date -

2011 JU:: -2 PI\ \: t,O 

ADMINISTRATIVE LAW DIVISION Fonn #7 ~· ;T:,1E 

- - --- - - - - - --- --- - - - --- - - - -- Effective Oate 

NOTICE OF AN EMERGENCY RULE 

AGENCY: G(wtmor's Committee on Crime, OelinQ\Iency 11nd Correction TITLE NUMBER: 149 

CITE AUTHORITY: Statulory WeSI Virginia State Coo• 30-29-3 

EMERGENCY AMENDMENT TO AN EXISTING RULE: YES ~ NOIF YES, SERIES NUMBER OF RULE BEING AMENDED:---------------

TITLE OF RULE BEING AMENDED,~-l~o~w:.!r;!!·"~ro~rc!:!•m!!!';!!""!..t T:.:.'"~in:::i!!lns..:S~tn~n!!!rln:::rrl~•------------

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:-----------------

TITLE OF RULE BEING I'ROPOSED: --------------------

TilE ABOVE RULE IS BEING FILED AS AN EMERGENCY RULE TO BECOME 

EFFECTIVE AFTER APPROVAL BY SECRETARY OF STATE OR 42ND DAY AFTER 

FILING, WHICHEVER OCCURS FIRST. 

TilE FACTS AND CIRCUMST ANC'ES CONSTITlJnNG TilE EMERGENCY ARE 

AS FOLLOWS: 

Statutory changes maLic to West Virilinin State Cod«: 30-29, et. ftl., durlna the 2011 Session of Lhc Wc~t Vir&mta Le~i$lature 1ddn:ssing the 

certillcation of West Viramill luw enforcement officers take cffcciJunc 10, 20 II. The proposed ch;mges to Series 2 or Title 149 de line and 

clariry the process by which law cnrorr.:emcnlaJ:cncics, law cnforct:rncnl official&, l11w cnfon;:cmcnt officers and the law Enforr.:c:rncnl 

Training Subcommith:c, to become the Law Enforcement Professional Standards Su~omrnitlcc, will cxtcultS and tilrf)' out the hlatutory 

ch;,.ngcs made. Such clanfication and ddimtion is requncd at the time or the stat11h1ry tmplcmcntation and can n~.JI "·•ul untilth~ stundard 

rule mnkin& process is comph:tcd. 

Use additional sheets 1£ necessary 

tt 1.?. ~.-fo 

2~11,·:_:-3 :nlu=21 

ADMINISTRATIVE LAW DIVISION 

Fonn #7 .:E 

--------------------------- Effective Date 

NOTICE OF AN EMERGENCY RULE 

AGENCY: West Vil)linia Division of labor TITLE NUMBER: 42 

CITE AUTHORITY: W.Va. Code21-15~ and 21-15-8 

EMERGENCY AMENDMENT TO AN EXISTING RULE: YES _ N0-"-

11' YES, SERIES NUMBER OF RULE BEING AMENDED:---------------

TITLE OF RULE BEING AMENDED·:..· ------------------

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: 10 

TITLE OF RULE BEING PROPOSED: Zipline and Canopy Tour Responsibility Act 

THE ABOVE RULE IS BEING FILED AS AN EMERGENCY RULE TO BECOME 

EFFECTIVE AFTER APPROVAL BY SECRETARY OF STATE OR 42ND DAY AFTER 

FILING, WHICHEVER OCCURS FIRST. 

TIIEFACTSANDCIRCUMSTANCESCONSTITUTINGTHEEMERGENCY ARE 

AS FOLLOWS: 

sec attAchmenl 

?..-.~ 

Use additional sheets If necessary 

\\L-t.W 

\D 

0 

U1 
Docket Number 

10-3-9311-H 

09-6-9089-X/H 

11-6-9412-X 

11-6-9413-X 

11-2-937Q-P 

101234568911-9237-A 

1 0-2-9305-P 

11-6-9361-H 

11-6-9395-X 

11-7-9418-X 

11-5-9424-X 

11-4-9369-A 

11-6-9423-X 

11-3-9425-X 

1 0-2-9149-P 

11-5-9427-X 

08-6-8823-NH 

06-2-8302-A 

11·9·9411-X 

Orders Report 

Agency Respondent 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Thomas Memorial Hospital 

United Hospital Center 

Monongalia General Hospital 

United Summit Center, Inc. 

Three Rivers Medical Clinics, Inc. 

FC-Gen Operations Investment, LLC; FC-Gen Real 

Estate, LLC; Genesis Operations, LLC 

Cabell Huntington Hospital, Inc. 

Monongalia General Hospital 

Monongalia General Hospital 

Mulberry Street Management Services, Inc. d/b/a 

Coordinating Council for Independent Living 

Braley & Thompson, Inc. 

Greenbrier Presidential Care 

Monongalia Health System, Inc. 

Oak Ridge Center and Cedar Ridge Center 

Logan Regional Medical Center 

Pleasant Valley Hospital 

Sundale Nursing Home 

Trinity Health Care Services, Inc.; Trinity Health Care 

Services of Logan, Inc.; Trinity Health Care Services of 

Mingo, Inc. 

War Memorial Hospital 

Decision Date 

5/23/2011 

5/23/2011 

5/23/2011 

5/23/2011 

5/24/2011 

5/24/2011 

5/24/2011 

5/24/2011 

5/31/2011 

6/212011 

6/212011 

6/212011 

6/212011 

6/212011 

6/212011 

6/212011 

6/212011 

6/212011 

6/212011 

Pagel of2 

ID 

0 

0> 
Docket Number 

01-FY-2009 

09-12 

Agency _ __ ___ ResJ!ondent 

Medical Imaging and Radiation 

Therapy Technology Board of 

Examiners 

Osteopathy 

Kenneth A. Harrison 

Charles J. Bradac, Jr., D.O. 

Decision Date 

9/25/2009 

5/19/2011 

Page2of2 

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NO. 

2011-08 

2011-09 

201 1-10 

2011-11 

WEST VIRGINIA ETHICS COMMISSION ADVISORY OPINIONS 

OPINION SOUGHT 

A Part-Time Prosecuting Attorney asks whether it is permissible to use public resources, including office space, staff and equipment, 

without reimbursement to the county, in furtherance of his private law practice? 

A County Hospital asks whether it may accept unsolicited offers of property and/or services from its Board Members. 

A County Board of Education (BOE) asks whether the spouse of a candidate for superintendent may continue to be employed by the 

BOE as a School Psychologist, and continue to serve as the Director of Student Services, if her spouse is selected as the new 

superintendent. 

A State Agency asks whether its recreation department is a charitable purpose for which it may lawfully -~elicit suppoJ!. __ ~-----

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NO. 

2011-04 

L_ ____ 

WEST VIRGINIA ETHICS COMMISSION'S COMMITTEE ON OPEN GOVERNMENTAL MEETINGS ADVISORY OPINIONS 

OPINION SOUGHT 

A Member of the West Virginia Industrial Council asks whether a procedural rule requiring the chairperson to call a 

meeting upon the request of at least three members of the council conflicts with the Open Meetings Act. -------- ·- - --- --- ---

1.0 

0 

1.0 
1-"- I 

:-I 

Public Notice 

20 12 Proposed Rules ZOIIJU:l-1 Pi\4:11 

!he West Virginia Di.vision of Air Qu~lity has scheduled a public h.e~ng on Ju_Jy.l I, 201 I, forji1TE 

tts 2012 proposed legrslatrve rules, whtch wrll take place at the Dlvrsron ofEnvtronmental · · 

Protection's Charleston headquarters. 601 571

h Street S.E., Charleston, WV 25304. Oral and 

written comments will be limited to the propo&ed revisions and will be made a part of the 

rulemaking record. Copies of the rules are available from the Secretary of State's office or from 

the DEP at hup:l/www.drp.wv.gov/pio/Pagcs!Rulcs.a~px. You may also obtain hard copies of 

the infonnation by calling the phone number listed below. 

Written comments may be submitted to the Public Information Office at the above address. 

Comments may ulso bee-mailed to llep.cnrnmcntsQhvv.gov. The hearing dates, locations and 

comment deadlines are as follows: 

Division of Air Quality 

45CSR8- Ambient Air Quality Standards 

45CSRI4- Pcnnits for Construction and Major Modification of Major Stationary Sources of Air 

Pollution for the Prevention of Signilicant Deterioration 

45CSR 16- Standards of Performance for New Stationary Sources 

45CSR18- Control of Air Pollution from Combustion of Solid Waste 

45CSR 19 - Permits for Construction and Major Modification of Major Stationary Sources of Air 

Pollution Which Cause or Contribute to Nonauainment 

45CSR25- Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal 

Facilities 

45CSR30 - Requirements for Operating Permits 

45CSR34- Emission Standards for Hazardous Air Pollutants 

45CSR35 - Requirements for Determining Conformity of General Federal Actions to Applicable 

Air Quality Implementation Plans (General Conformity) 

45CSR42- Greenhouse Gas Emissions Inventory Program 

The public hearing for all air quality rules will take place beginning at 6 p.m. on July II, 2011 in 

the Dolly Sods Conference Room. The comment period will begin on June 10, 2011 and end at 

the conclusion of the public hearing on July II, 2011. Upon authorization and promulgation of 

revisions to45CSR8, 45CSR14, 45CSR19 and 45CSR35,the DAQ will submit the rules to the 

U.S. Environmental Protection Agency as revisions to the State lrnph!mentation Plan pursuant to 

the federal Clean Air Act. Upon authorization and promulgation of revisions to 45CSRI8, the 

DAQ will submit the final rule to the U.S. EPA for approval as a part of West Virginia's Section 

lll(d)/129 Plan and program delegation of the federal New Source Performance Standards. 

Rules 45CSRI6, 45CSR25 and 45CSR34 will be submitted to EPA to fullill other federal 

obligations under the Clean Air Act, including delegations, plans and program approvals. Upon 

authorization and promulgation of 45CSR30, the rule will be ~ubmittcd to the U.S. 

Environmental Protection Agency as a revision to the State's Operating Pcnnit Program under 

Title V of the federal Clean Air Act. Rule 45CSR42 is proposed to be repealed. 

For more infomwticm 011 ally of the DAQ rules call 304-926-0475. 

OTHER ·- '. ; . . ~ 

WEST VIRGINIA HEALTH CARE AUTHORITY S PII 3 23 

CERTIFICATE OF NEED 2011 JUll- : 

100 Dee Drive 

Charleston, West Virginia 25311·1600 -·: .. · ~:·:.c . J~dE 

June 6, 2011 

LEGAL NOTICE 

James L. Pitrolo, Jr., Chairman, West Virginia Health Care Authority, announces the 

following Certificate of Need activities for the week ending June 3, 2011. 

LETTER OF INTENT FOR EXPEDITED REVIEW RECEIVED 

June 1, 2011 - Cabell Huntington Hospital, Huntington, Cabell County, CON File 

#11-2-9441-H, to reconstruct pediatric-related services into a Children's Hospital within 

Cabell Huntington Hospital; capital expenditure: $18,000,000. 

LETTER OF INTENT FOR EXEMPTION RECEIVED FOR HOSPITAL AMBULATORY 

HEALTH CARE FACILITY 

May 31, 2011- Stonewall Jackson Memorial Hospital, Weston, Lewis County, CON 

File #11·7-9440-X, for the development of a hospital ambulatory health care facility in 

Lewis County through the employment of a family practice physician. The physician will 

remain at his existing practice location, 402 Medical Park Drive, Suite 100, Weston. 

The capital expenditure associated with the project is $365,805. 

Any affected person may oppose this proposal by submitting a letter stating the 

reason for opposition within thirty (30) days of the first date of publication of the public 

notice to: Marianne Kapinos, General Counsel, West Virginia Health Care Authority, 

Certificate of Need Program, 100 Dee Drive, Charleston, West Virginia 25311-1600. 

The last date upon which an affected party may file a letter of opposition to this 

proposal is July 8, 2011. 

June 3, 2011 -United Hospital Center, Bridgeport, Harrison County, CON File #11-

6-9442-X, for the development of a hospital ambulatory care facility to be located at 135 

Professional Place, Bridgeport, Harrison County. The facility will be staffed by four (4) 

physicians. 

The capital expenditure associated with the project is $2,400,000. 

Any affected person may oppose this proposal by submitting a letter stating the 

reason for opposition within thirty (30) days of the first date of publication of the public 

notice to: Marianne Kapinos, General Counsel, West Virginia Health Care Authority, 

1.0 

~ 

0 
Certificate of Need Program, 100 Dee Drive, Charleston, West Virginia 25311·1600. 

The last date upon which an affected party may file a letter of opposition to this 

proposal is July 8, 2011. 

EXPEDITED APPLICATION RECEIVED 

May 31, 2011 -Hospice of the Panhandle, Inc., Martinsburg, Berkeley County, CON 

File #11·9·9406-Y, for the construction of a fourteen (14) bed inpatient hospice facility and 

a separate office building on the Berkeley/Jefferson County line in Kearneysville, Jefferson 

County; capital expenditure: $11,650,099. 

APPLICATIONS DECLARED COMPLETE AND UNDER REVIEW 

An application declared complete is one in which there is sufficient information for 

the Authority to make an informed decision. It does not mean that the approval of the 

application is warranted. 

EXPEDITED APPLICATIONS 

May 26,2011- Davis Memorial Hospital, Elkins, Randolph County, CON File #11·7· 

9362-H, for the construction of an addition to the hospital; capital expenditure: 

$13,000,000. 

May 26,2011- HCRMC Operations, LLC, Toledo, Ohio, CON File #11·1/3/4/6/8/9· 

9422-NH, for the proposed issuance by HCRMC of securities that is related in part to 

seven West Virginia nursing homes operated by HCRMC subsidiaries; capital expenditure: 

$44,250,000. 

May 27, 2011- Omega Healthcare Investors, Inc., a Delaware company, CON File 

#11·9·9426-A, for the acquisition of all of the membership interests in PV Realty· Willow 

Tree, LLC. The acquisition will result in OHI becoming the sole member of PV Really • 

Willow Tree, LLC, the owner of the land and buildings that are currently and will continue to 

be leased to Blue Ridge Nursing, LLC, the licensed operator of Willow Tree Manor, a 

nursing home situated on the property located in Charles Town, Jefferson County; capital 

expenditure: $16,500,000. 

The review cycle for the above-referenced projects is as follows: 

June 11, 2011 - Review cycle begins; 

June 21, 2011 - Last date for an affected person to present reasons why the 

applicant should complete a standard application to tho Authority; 

July 11, 2011 - Last date for an affected person to request a public hearing on the 

project. If a public hearing is requested, notice of time and place will be given in the 

OTHER 

Saturday editions of the Charleston Gazette and the Charleston Daily Mail, as well as the 

State Register; 

July 12, 2011 -If no public hearing is requested, the file will close and no further 

information or evidence will be accepted by the Authority and no further contact with the 

Authority regarding the substance of the application will be permitted; 

August 15, 2011 - Decision on the project will be issued by the Authority. 

PROJECTS DETERMINED NOT REVIEWABLE 

June 2, 2011 -Braley & Thompson, Inc., Dunbar, Kanawha County, CON File #11-5· 

9424-X for the relocation of its office from 1600 7tt~ Street, Parkersburg, to 1500 Grand 

Central, Suite 10, Vienna, both in Wood County; no capital expenditure. 

June 2, 2011 - Mulberry Street Management Services, Inc. d/b/a Coordinating 

Council for Independent Living, Elkins, Randolph County, CON File #11-7-9418-X, for the 

complete relocation of its Randolph County office from 1200 Harrison Avenue, Elkins, to 501 

Wilson Lane, Suite 3, Elkins; no capital expenditure. 

June 2, 2011 -Oak Ridge Center and Cedar Ridge Center, Kanawha County, CON 

File #11·3·9425-X, for the relocation of one licensed nursing home bed from Cedar Ridge 

Center to Oak Ridge Center. Both nursing homes are located in Kanawha County and there 

will be no increased cost to Medicaid; no capital expenditure. 

June 2, 2011 - Pleasant Valley Hospital, Point Pleasant, Mason County, CON File 

#11·5·9427-X, for the complete relocation of the PVH owned physician practice from 146 

Pinnell Street to 619 W. Main Street, both of Ripley, Jackson County; no capital expenditure. 

AMENDED PROJECT EXEMPT FROM REVIEW 

May 31, 2011 - Monongalia General Hospital, Morgantown, Monongalia County, 

CON File #11·6·9395-X, for the development of an OB/GYN physician practice to be located 

at Suncrest Town Center Drive, Morgantown, Monongalia County; no capital expenditure. 

PROJECTS EXEMPT FROM REVIEW 

June 2, 2011 - Monongalia Health System, Inc., Morgantown, Monongalia County, 

CON File #11·6·9423-X, for the construction of an access road to Monongalia General 

Hospital by MHS; capital expenditure: $4,525,000. 

June 2, 2011 -War Memorial Hospital, Berkeley Springs, Morgan County, CON File 

#11·9-9411-X, for the establishment of a provider-based clinic in Morgan County through a 

professional services contract with its affiliate, Valley Physician Enterprise,lnc. The clinic will 

provide primary care outpatient services to WMH patients; no capital expenditure. 

"' ... 
EXTENSION GRANTED 

June 2, 2011- Logan Regional Medical Center, Logan, Logan County, CON File#10-

2-9149-P, for the development of diagnostic services, in Man, Logan County; capital 

expenditure: $300,000. 

Extension granted through December 25, 2011. 

RENEWAL GRANTED 

June 2, 2011 - Trinity Health Care Services, Inc., Trinity Health Care Services of 

Logan,lnc., Trinity Health Care Services of Mingo, Inc., Charlotte, North Carolina, CON File 

#06-2-8302-A, for the acquisition of substantially all the assets of two nursing homes in 

southern West Virginia- Logan Park Care Center and Mingo Health Care Center; capital 

expenditure: $9,800,000. 

Renewal granted through June 30, 2012. 

NOTICE OF SUBSTANTIAL COMPLIANCE AND 

DECISION ON SUBSTANTIAL CHANGE 

The following project has been implemented in substantial compliance and the case file is now closed: 

June 2, 2011 - Sundale Nursing Home, Morgantown, Monongalia County, CON File 

#08-6-8823-NH, for the development of a fifteen (15) bed unit dedicated to end-of-life care 

for hospice and terminally ill patients now designated the Palliative Care Center; new capital 

expenditure: $2,604,871. 

It is ORDERED that the increase in the approved capital expenditure from $2,500,000 

to $2,604,871 DOES NOT constitute a substantial change to the approved project. 

NOTICE OF CONDITIONAL SUBSTANTIAL COMPLIANCE 

The following project has been implemented in conditional substantial compliance 

pending submission of final cost figures: 

June 2, 2011 -Greenbrier Presidential Care, Lewisburg, Greenbrier County, CON 

File # 11-4-9369-A, for the acquisition ofThe Greenbrier Clinic, Inc., a designated ambulatory 

surgery center located within The Greenbrier Resort in Lewisburg, Greenbrier County; 

capital expenditure: $2,600,000. 

Further information may be obtained on any of the above-referenced projects by 

contacting Timothy E. Adkins, Director, Certificate of Need Division. 

l"......,.""'t'tl __ ,>,.l~lt 

OTHER 

C"" 

TO: 

FROM: 

DATE: 

WV Office of Miners' Health, Safety & Training 

C. A. Phillips, Acting Director 

1615 Washington Street East• Charleston, West VIrginia • 25311·2126 

Telephone 304·558·1425 • Fax 304·558·1282 

www wymjne:aafety ore 

MEMORANDUM 

WV Underground Mine Operators 

Interested Parties 

C. A. Phillips, Acting Director (!/1f 

june 7, 2011 

RE: 22A-2·37(t)(S) 

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22A-2-37(t)(S) of the West Virginia Code requires "All self-propelled track 

equipment shall be equipped with two way communications". Recently trolley phones and 

other similar communication devices on self-propelled track equipment have been 

replaced in some instances by communication devices required by Title 56 Series 4 of the 

West Virginia Code of Regulations. 

The purpose of this memorandum is to assure that the industry is aware that the 

mine's telephone system may be utilized as a two way communication system for track 

mounted vehicles, when any other communication device being utilized to meet the 

provisions of 22A·2-37(t)(S), are disabled. PROVIDED THAT: REPAIRS ARE INITIATED 

IMMEDIATELY AND ARE COMPLETED WITHIN A REASONABLE PERIOD. 

The above is consistent with this agency's enforcement policy regarding disabled 

trolley phones. 

CAP:ks 

• Region Ono ·• 14 Commerce Or. Ste 1 -Westover. Wast Virg~ia 26501 • Telephone 304-285-3268 • F&K 304-285·3275 

• Region Two • 891 Stewart St. • Welch. West VIrginia 248ll1-231 1 • Telephone 304-436-8421 • Fox 304-436·2100 • Region Throe • 137 Peach Court. Suite 2 • OanvUie, WeSI Virginia 25053 • Telephone 304-369-7823 • Fa. 304-369-7829 

• Region Four • 550 Industrial Or.~ Oak Hill, West Vlrglnia 25901-9714 • Telephone 304-469-8100 • Fu 304-469-4059 

I: 

1.0 

-N 
fmoortanJ Notjcc To State A gt~ncics 

Rcyardjng Submjttjng UCC <Uniform Commercial Code> Through the Secretary of 

State's OfOce 

Beginning. July I, 2011 all state agencies that submit UCC (Unifom1 Commercial Code) 

filings through the Office of Secretary of State will be required to pay the statutory fee as 

set forth in §46-9-525 of the West Virginia Code along with the required documents for 

service. 

To avoid a delay in filing and possible return of the document(s). agencies must make 

sure that proper payment and required dOl'Uments arc sent to the Secretary of State's 

Oflice. Payment may be made by check, money order, credit card or IGT 

(intergovernmental transfer). 

Any questions regarding this notice may be directed to a member of the Secretary of 

State's UCC Section either by phoning 304-558-8000 or via email at; ucc01wvsos.com. 

~ 

= 

'-... 

s:: 

I 

cr. 

=--: ::_, 

~:- '!? n: ~.) 

l.O 

OTHER 

'' 

"' _. 

w 

Deadline Date 

January 5, 2011 

January 12, 2011 

January 19, 2011 

January 26, 2011 

February 2, 2011 

February 9, 2011 

February 16, 2011 

February 23, 2011 

March 2, 2011 

March 9, 2011 

March 16, 2011 

March 23, 2011 

March 30, 2011 

April6, 2011 

April 13, 2011 

April 20, 2011 

April27, 2011 

May 4, 2011 

May 11,2011 

May 18,2011 

May 25,2011 

June 1, 2011 

June 8, 2011 

June 15, 2011 

June 22, 2011 

June 29, 2011 

THE FOLLOWING ARE PUBLICATION DATES OF THE STATE REGISTER FOR 2011 

DATES ARE THE DATES ALL FILINGS ARE TO BE RECEIVED IN THE 

SECRETARY OF STATE'S OFFICE IN ORDER FOR THE MATERIAL TO APPEAR IN 

THE STATE REGISTER PUBLISHED ON THE DATE LISTED. 

Publication Date Meeting may be held 

Deadline Date Publication Date Meeting may be held 

on or after on or after 

January 7, 2011 January 12, 2011 July 6, 2011 July 8, 2011 July13, 2011 

January 14, 2011 January 19, 2011 July 13, 2011 July 15, 2011 July20, 2011 

January 21, 2011 January 26, 2011 July 20, 2011 July 22, 2011 July 27, 2011 

January 28, 2011 February 2, 2011 July 27, 2011 July 29, 2011 AUClUSt 3, 2011 

February 4, 2011 Februar}' 9, 2011 August 3, 2011 August 5, 2011 August 10, 2011 

February 11, 2011 February 16, 2011 August 10, 2011 August 12, 2011 AUClUSt 17, 2011 

February 18, 2011 February 23, 2011 August 17, 2011 August 19, 2011 AUClUSt 24, 2011 

February 25, 2011 March 2 2011 August 24, 2011 August 26, 2011 August 31,2011 

March 4, 2011 March 9, 2011 August31, 2011 September 2, 2011 September 7, 2011 

March 11, 2011 March 16,2011 September 7, 2011 September 9, 2011 September 14, 2011 

March 18, 2011 March 23, 2011 September 14, 2011 September 16, 2011 September 21, 2011 

March 25, 2011 March 30, 2011 September21, 2011 September 23, 2011 September 28, 2011 

April1, 2011 April 6, 2011 September 28, 2011 September 30, 2011 October 5, 2011 

April 8, 2011 April13, 2011 October 5, 2011 October 7, 2011 October 12,2011 

April 15, 2011 April 20, 2011 October 12, 2011 October 14, 2011 October 19,2011 

April 22, 2011 April27, 2011 October 19, 2011 October 21, 2011 October 26, 2011 

April 29, 2011 May4, 2011 October 26, 2011 October 28, 2011 November 2, 2011 

May 6, 2011 Ma}'11, 2011 November 2, 2011 November 4, 2011 November 9 2011 

May 13,2011 May 18,2011 November 8, 2011 November 10, 2011 November 15, 2011 

May 20,2011 May25, 2011 November 16,2011 November 18, 2011 November 23, 2011 

May 27, 2011 June 1, 2011 November 21, 2011 November 23, 2011 November 28, 2011 

June 3, 2011 June 8, 2011 November 30, 2011 December 2, 2011 December 7 2011 

June 10, 2011 June 15,2011 December 7, 2011 December 9, 2011 December 14, 2011 

June 17, 2011 June 22, 2011 December 14,2011 December 16, 2011 December 21, 2011 

June 24, 2011 June 29, 2011 December 21, 2011 December 23, 2011 December 28, 2011 

July 1, 2011 JulyS, 2011 December 28, 2011 December 30, 2011 January4, 2012 


WEST VIRGINIA

SECRETARY OF STATE

NATALIE E. TENNANT

ADMINISTRATIVE LAW DIVISION

Do Not Mark In This Box

Fonn#3

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NOTICE OF AGENCY APPROVAL OF A PROPOSED RULE

AND

FILING WITH THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE

AGENCY: __ WV __ D_ep_artm_e_nt_o_Ef_n_vir_o_nm_e_n_tal_P_fO_te__Cti -D_"i_ovi _n_sio_n_o_f Air_"_Q_u_a__li"ty TITLE NUMBER: __ 4S_

CITE AUTHORITY: W_"_V_a"_C_od_e_§2_2_-S_-4 _

AMENDMENT TO AN EXISTING RULE: YES~ NO_

IF YES, SERIES NUMBER OF RULE BEING AMENDED: __ 4_SC_S_R__19

TITLE OF RULE BEING AMENDED: Pennits for Construction and Major Modification of Major Stationary

Sources Which Cause or Contribute to Nonattainment Areas

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: _

TITLE OF RULE BEING PROPOSED: _

THE ABOVE PROPOSED LEGISLATIVE RULE HAVING GONE TO A PUBLIC HEARING OR A PUBLIC

COMMENT PERIOD IS HEREBY APPROVED BY THE PROMULGATING AGENCY FOR FILING WITH

THE SECRETARY OF STATE AND THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE FOR

THEIR REVIEW"

Authorized Signature

":"'''-' •..~' -

,.:'"

.e:<e'c~l~~l

1

QUESTIONNAIRE

(Please include a copy of this form with each filing of your rule: Notice of Public Hearing or Comment Period; Proposed

Rule, and if needed, Emergency and Modified Rule.) 

DATE: 

TO: LEGISLATIVE RULE-MAKING REVIEW COMMITTEE 

FROM:(Agency Name, Address & Phone No.) 

LEGISLATIVE RULE TITLE: 

1. Authorizing statute(s) citation 

2. a. Date filed in State Register with Notice of Hearing or Public Comment Period:

b. What other notice, including advertising, did you give of the hearing?

c. Date of Public Hearing(s) or Public Comment Period ended:

d. Attach list of persons who appeared at hearing, comments received, amendments, reasons

for amendments.

Attached No comments received 
2

e. Date you filed in State Register the agency approved proposed Legislative Rule following

public hearing: (be exact)

f. Name, title, address and phone/fax/e-mail numbers of agency person(s) to receive

all written correspondence regarding this rule: (Please type)

g. IF DIFFERENT FROM ITEM ‘f’, please give Name, title, address and phone

number(s) of agency person(s) who wrote and/or has responsibility for the contents of this

rule: (Please type)

3. If the statute under which you promulgated the submitted rules requires certain findings and

determinations to be made as a condition precedent to their promulgation:

a. Give the date upon which you filed in the State Register a notice of the time and place

of a hearing for the taking of evidence and a general description of the issues to be

decided.
3

b. Date of hearing or comment period:

c. On what date did you file in the State Register the findings and determinations required

together with the reasons therefor?

d. Attach findings and determinations and reasons:

Attached 
1 

ENVIRONMENTAL PROTECTION ADVISORY COUNCIL 

MEETING MINUTES 

June 2, 2011 

I. CALL TO ORDER

Kristin A. Boggs, Ex Officio Chair designated by Secretary Randy Huffman, called 

to order the regular meeting of the DEP Advisory Council at 1:35 p.m. on June 2, 2011 at 

the headquarters of the West Virginia Department of Environmental Protection, 601 57th 

Street Southeast, Charleston, West Virginia. Agendas were distributed. 

II. ROLL CALL

Members present: Lisa Dooley, Jackie Hallinan, Ted Hapney, Larry Harris, Bill Raney, 

and Rick Roberts. Karen Price was absent. 

The meeting was also attended by the following DEP personnel and invited guests: Lisa 

A. McClung, Deputy Cabinet Secretary; Kathy Cosco, Chief Communication Officer; 

James L. Mason, Division of Air Quality; Donald W. Martin, Division of Land 

Restoration; Charles W. Armstead, Division of Water & Waste Management; and David 

L. Johnston, Division of Water & Waste Management. Sherrie A. Armstrong and John 

Ailes of Bailey & Glasser attended the meeting at Ms. Boggs’ invitation to fulfill Dr. 

Harris’ request at the March 17 meeting that the DEP provide some information on the 

implications of the West Virginia Highlands Conservancy v. Huffman decision. 

Also in attendance were the following members of the public: Don Garvin of the Ohio 

Valley Environmental Coalition; Don Gasper of Trout Unlimited; and Rosa Rose. 

III. OLD BUSINESS

Minutes of the March 17, 2011 Meeting. The minutes were emailed and provided to 

Council in hard copy. Mr. Raney moved for approval of the minutes, Ms. Dooley 

seconded the motion, and it was carried by acclamation of Council. 

IV. SPECIAL PRESENTATION

Ms. Armstrong, who – along with Benjamin L. Bailey - represented the DEP in the 

Fourth Circuit Court of Appeals in West Virginia Highlands Conservancy v. Huffman

(the “special rec” or “bond forfeiture” cases), gave a brief overview of the possible 

consequences of the decision rendered in that case. John Ailes of Bailey & Glasser also 

participated in the presentation. In sum, an unintended consequence of this ruling could 

be that watershed groups, which volunteer their time and resources to clean up pre-law 

mine sites, could be required to get NPDES permits. 

Dr. Harris suggested that a way out for Good Samaritan watershed groups would be to 

partner with the State and let the State obtain the NPDES permits. Mr. Ailes then opined 
2 

that the chilling effect on beneficial partnerships between citizen groups and the 

regulatory agencies it is one of the unintended consequences of the ruling and that this is 

an opportunity for the DEP to look into rulemaking to address some of these issues. 

Ms. Dooley asked if the agency could waive the permit application fees for Good 

Samaritan groups like some municipalities waive business license fees, and DEP did not 

foreclose that possibility. That is one of the issues that could be addressed in future 

rulemaking. 

Mr. Roberts asked if this ruling would apply to AML, and Ms. Armstrong answered that 

we do not think so, since AML is governed by a separate set of rules. 

Mr. Raney asked if this ruling could apply to other industrial discharges, and Ms. 

Armstrong answered no. 

V. PROPOSED 2012 LEGISLATIVE RULES

Division of Air Quality 

 45 CSR 8 – Ambient Air Quality Standards – Annual incorporation by reference 

amendments to the NAAQS, including Primary National Ambient Air Quality standard 

for sulfur dioxide. 

 45 CSR 14 – Permits for Construction and Major Modification of Major Stationary 

Sources of Air Pollution for the Prevention of Significant Deterioration – Revisions to 

the rule incorporate changes to the federal counterpart, “Prevention of Significant 

Deterioration for Particulate Matter Less Than 2.5 Micrometers – Increments, Significant 

Impact Levels and Significant Monitoring Concentration.” 

♦ Dr. Harris asked the following questions regarding this rule: What is a PAL? Are 

there any in West Virginia? Would it apply to the TransGas facility in Mingo 

County? On behalf of the Division of Air Quality, James L. Mason answered that a 

PAL is a plant-wide applicability unit, and it may apply to the TransGas facility, but 

TransGas would have to apply for it. Mr. Mason was unsure if there were any PALs 

in West Virginia, but he advised the Council he would get back to them with a 

response.1

 

 45 CSR 16 – Standards of Performance for New Stationary Sources – Annual 

incorporation by reference amendments to the NSPS. 

                                                            

1

   Mr. Mason has determined since the June 2 meeting that, because the TransGas facility is a synthetic 

minor source, 45CSR14 did not apply to the permitting process. If TransGas were to become a major 

source, 45CSR14 may then apply. Mr. Mason also determined that there are no permitted PALs in West 

Virginia at this time. 
3 

 45 CSR 18 – Combustion of Solid Waste – The revised rule incorporates by reference the 

amended Standards of Performance for New Commercial and Industrial Solid Waste 

Incineration Units and sets forth emission guidelines for existing commercial and 

industrial solid waste incineration units. The new CISWI language was pulled from the 

proposed rule based on EPA’s recent delay of the rule’s effective date. 

 45 CSR 19 – Permits for Construction and Major Modification of Major Stationary 

Sources of Air Pollution Which Cause or Contribute to Nonattainment – Revisions to the 

rule include new significant impact levels promulgated by EPA. 

♦ Mr. Raney inquired whether Marcellus pads fall under this rule. The short answer, as 

provided by Mr. Garvin and Deputy Secretary McClung, is no. 

 45 CSR 25 – Control of Air Pollution from Hazardous Waste Treatment, Storage and 

Disposal Facilities – Revisions to the rule include annual incorporation-by-reference 

updates. 

 45 CSR 30 – Requirements for Operating Permits – Revisions to the rule implement the 

provisions of EPA’s final Greenhouse Gas Tailoring Rule. Language is added that is 

intended to rescind elements of the Tailoring Rule if a court, Congress, EPA or the 

President finds that GHGs are not subject to regulation. In order to effect the provisions 

of the Tailoring Rule as soon as practicable, and in accordance with EPA-mandated 

timelines, West Virginia has adopted this rule as an emergency rule. 

♦ Dr. Harris asked what an alternative operating scenario is, and Mr. Mason explained 

that, once an operating system is approved, the permittee can propose something 

different and, if it is allowed by the rule, the Secretary can approve it as an alternative 

operating scenario. Dr. Harris then asked what “approved replicatable methodology” 

is, and Mr. Mason clarified that approved replicatable methodology (“ARM”) goes 

along with alternative operating scenarios: we want reproducible science, and the 

ARM is used to prove how the permittee plans to meet its permit limits. 

♦ Mr. Mason also clarified for Council that the rescission language amended into the 

rule in the emergency rulemaking process is only applicable to greenhouse gases and 

not any other pollutant. 

 45 CSR 34 – Emission Standards for Hazardous Air Pollutants – Annual incorporationby-reference revisions to the Hazardous Air Pollutant rule. 

 45 CSR 35 – Requirements for Determining Conformity of General Federal Actions to 

Applicable Air Quality Implementation Plans (General Conformity) – This revised rule 

incorporates by reference the following provisions of 40 CFR 93: Revisions to the 

General Conformity Regulations. 

 45 CSR 42 – Greenhouse Gas Emissions Inventory Program – DAQ is proposing to 

repeal this rule because on October 30, 2009, EPA promulgated standardized greenhouse 
4 

reporting requirements, “Mandatory Reporting of Greenhouse Gases.” Because 45 CSR 

42 was promulgated before the EPA finalized its mandatory greenhouse gas reporting 

requirements, and the rule’s approach to greenhouse gas reporting was significantly 

different from EPA’s final approach, the DAQ has determined that sources subject to 

EPA’s Mandatory Reporting of Greenhouse Gases shall not be also subject to the 

differing requirements of this State rule. To further eliminate this conflict, the DEP will 

take steps to amend W. Va. Code § 22-5-19, which authorizes the Secretary to propose 

legislative rules establishing a Greenhouse Gas Inventory Program. Such amendment to 

the Code will provide for the Cabinet Secretary to allow reporting under EPA’s 

Mandatory Reporting of Greenhouse Gases to satisfy greenhouse gas reporting 

requirements in West Virginia. 

DIVISION OF LAND RESTORATION

 60 CSR 3 – Voluntary Remediation and Redevelopment Rule – This rule is being revised 

to update the de minimus clean-up standards. This change is necessary, because the 

toxicological profiles for many chemicals in the federal IRIS database have been revised, 

which necessitates changes to the de minimus table. 

Division of Water & Waste Management

 33 CSR 1 – Solid Waste Management Rule – Revisions to this rule are to add the 

definition of “covered electronic devices” to the list of defined terms and to add covered 

electronic devices as an unacceptable waste banned from disposal in the State’s landfills. 

This revision is necessary due to the passage of Senate Bill 298 on March 12, 2010, 

which amended and reenacted W. Va. Code § 22-15A-25 to ban certain electronic 

devices from landfill disposal. 

 33 CSR 20 – Hazardous Waste Management Rule – Revisions to the rule include annual 

incorporation-by-reference updates from the federal counterpart. Further, DWWM 

proposes to amend the rule to reflect that the authority it previously transferred to the 

Division of Highways to regulate hazardous waste on the highways has been transferred 

by statute to the Public Service Commission when the Weights & Measures Section was 

transferred from the DOH to the PSC. 

Dr. Harris moved that the proposed 2012 Legislative rules be approved for submission to the 

Legislature; Mr. Hapney seconded the motion; Mr. Raney objected only on the basis that the 

DAQ rules are complex and difficult to understand, and he wants to make sure DEP is not simply 

adopting federal recommendations without adequate consideration to the needs of the economy 

of West Virginia. The motion to approve the rule was then carried by acclamation of Council. 

 
5 

VI. OTHER BUSINESS

 Ms. Hallinan advised the DEP to keep pushing Marcellus regulations. 

 Dr. Harris expressed serious concerns about the Marcellus permits issued in Monongalia 

County close to a public drinking water intake. Specifically, he opined that allowing 

natural gas drilling so close to a water intake is the most irresponsible siting he has ever 

seen and that once there has been accident, it is too late to do anything. He advised DEP 

that Morgantown is considering a moratorium on Marcellus drilling. He finally advised 

DEP that there should be a public comment period on Marcellus well work permits. 

 The next Advisory Council meeting will be Thursday, September 22, 2011 at 1:30 p.m. 

VII. ADJOURNMENT

Mr. Hapney moved that the meeting be adjourned, Ms. Hallinan seconded the motion, Dr. 

Harris objected, based on Ms. Boggs’ failure to allow public comment at the meeting, 

and the motion carried by acclamation of Council. The meeting was adjourned at 2:30 

p.m. 
45CSR19

TITLE 45

LEGISLATIVE RULE

DEPARTMENT OF ENVIRONMENTAL PROTECTION

AIR QUALITY

SERIES 19

PERMITS FOR CONSTRUCTION AND MAJOR MODIFICATION OF

MAJOR STATIONARY SOURCES OF AIR POLLUTION WHICH

CAUSE OR CONTRIBUTE TO NONATTAINMENT AREAS

§45-19-1. General.

1.1. Scope. -- This rule establishes and adopts a preconstruction permit program to satisfy the

requirements of §§172(c)(5) and 173 of the Clean Air Act (CAA) and the permit requirements of 40 CFR

§51.165 for any area designated nonattainment for any national ambient air quality standard under 40 CFR

Part 81, Subpart C. This preconstruction permit program shall apply to any new major stationary source or

major modification that is major for the pollutant for which the area is designated nonattainment under

§107(d)(1)(A)(i) of the CAA, if the stationary source or modification would locate anywhere in the

designated nonattainment area.

1.1.a. It is the intent of the Secretary that all applications filed by any person to construct major new

or modified stationary air pollution sources, intending to locate in areas with air quality worse than the levels

set to protect the public health and welfare, or that might impact those areas, must adequately meet the preconstruction review procedures and conditions of the Clean Air Act as amended and this rule.

1.1.b. These conditions are designed to ensure that the major new or modified source’s emissions will

be controlled to the greatest degree practicable; that more than equivalent offsetting emission reductions will

be obtained from existing sources; that there will be progress toward achievement of the National Ambient

Air Quality Standards; and that all applicable air pollution regulations adopted by the Secretary will be met.

1.2. Authority. -- W. Va. Code §22-5-4.

1.3. Filing Date. -- June 16, 2011.

1.4. Effective Date. -- June 16, 2011.

1.5. Federal Regulation. -- Unless otherwise indicated, where reference to a federal regulation or

standard appears in this rule, such regulation or standard will, for the purpose of this rule, be construed as

that version which was in effect as of June 1, 2010 June 1, 2011.

1.6. Former Rules. -- This legislative rule amends 45CSR19 “Requirements for Pre-Construction

Review, Determination of Emission Offsets for Proposed New or Modified Stationary Sources of Air

Pollutants and Emission Trading forIntrasource Pollutants Permits forConstruction and Major Modification

of Major Stationary Sources of Air Pollution Which Cause or Contribute to Nonattainment” which was filed

April 30, 2010 June 16, 2011 and became effective June 1, 2010 June 16, 2011.

§45-19-2. Definitions.

1
45CSR19

2.1. “Actual Emissions” means the actual rate of emissions of a regulated NSR pollutant from an

emissions unit, as determined in accordance with subdivisions 2.1.a through 2.1.c, except that this definition

shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a

PAL under section 23. Instead, subsections 2.59 and 2.9 shall apply for those purposes.

2.1.a. In general, actual emissions as of a particular date shall equal the average rate, in tons per year,

at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the

particular date and which is representative of normal source operation. The Secretary may allow the use of

a different time period upon a determination that it is more representative of normalsource operation. Actual

emissionsshall be calculated using the unit’s actual operating hours, production rates, and types of materials

processed, stored or combusted during the selected time period.

2.1.b. The Secretary may presume that source-specific allowable emissionsfor the unit are equivalent

to the actual emissions of the unit.

2.1.c. For any emissions unit that has not begun normal operations on the particular date, actual

emissions shall equal the potential to emit of the unit on that date.

2.2. “Actuals PAL” for a major stationary source means a PAL based on the baseline actual emissions

(as defined in subsection 2.9) of all emissions units (as defined in subsection 2.26) at the source, that emit

or have the potential to emit the PAL pollutant.

2.3. “Administrator” means the Administrator of the United States Environmental Protection Agency

or the Administrator’s duly authorized representative.

2.4. “Allowable emissions” means the emissions rate of a stationary source calculated using the

maximum rated capacity of the source (unless the source is subject to federally enforceable limits, limits

established by the Secretary pursuant to the Secretary’s rules which restrict the operating rate, or hours of

operation, or both) and the most stringent of the following: 

2.4.a. The applicable standards set forth in 40 CFR Part 60 or 61;

2.4.b. The Any applicable State of West Virginia Implementation Plan emissionslimitations or permit

conditions, including those with a future compliance date; or 

2.4.c. The applicable federally enforceable emissionslimitations or permit conditions, includingthose

with a future compliance date.

2.5. “Applicable Regulations” means rules of the Secretary as promulgated pursuant to W. Va. Code

§22-5-4, and regulations of the Environmental Protection Agency promulgated pursuant to theClean Air Act.

2.6. “Applicant” means any person who makes application to the Secretary for a permit to construct,

modify or relocate a source in West Virginia under the provisions of this rule.

2.7. “Air Pollutants” means solids, liquids or gases which, if discharged into the air, may result in a

statutory air pollution.

2.8. “Air Pollution”, or “statutory air pollution”, hasthe meaning ascribed to it in W. Va. Code §22-5-2.

2
45CSR19

2.9. “Baseline actual emissions” means the rate of emissions, in tons per year, of a regulated NSR

pollutant, as determined in accordance with the following:

2.9.a. For any existing electric utility steam generating unit, baseline actual emissions means the

average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-

month period selected by the owner or operator within the 5-year period immediately preceding when the

owner or operator begins actual construction of the project. The Secretary shall allow the use of a different

time period upon a determination that it is more representative of normal source operation.

2.9.a.1. The average rate shall include fugitive emissionsto the extent quantifiable, and emissions

associated with startups, shutdowns, and malfunctions.

2.9.a.2. The average rate shall be adjusted downward toexclude any noncompliant emissionsthat

occurred while the source was operating above any emission limitation that was legally enforceable during

the consecutive 24-month period.

2.9.a.3. For a regulated NSR pollutant, when a project involves multiple emissions units, only

one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions

units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant.

2.9.a.4. The average rate shall not be based on any consecutive 24-month period for which there

is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount

if required by paragraph 2.9.a.2.

2.9.b. For an existing emissions unit (other than an electric utility steam generating unit), baseline

actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the

pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year

period immediately preceding either the date the owner or operator begins actual construction of the project,

or the date a complete permit application is received by the Secretary for a permit required under this rule,

whichever is earlier, except that the 10-year period shall not include any period earlier than November 15,

1990.

2.9.b.1. The average rate shall include fugitive emissions tothe extent quantifiable, and emissions

associated with startups, shutdowns, and malfunctions.

2.9.b.2. The average rate shall be adjusted downward to exclude any noncompliant emissionsthat

occurred while the source was operating above an emission limitation that was legally enforceable during

the consecutive 24-month period.

2.9.b.3. The average rate shall be adjusted downward to exclude any emissions that would have

exceeded an emission limitation with which the major stationary source must currently comply, had such

major stationary source been required to comply with such limitations during the consecutive 24-month

period. However, if an emission limitation is part of a maximumachievable control technology standard that

the Administrator proposed or promulgated under part 63 of this chapter 40 CFR Part 63, the baseline actual

emissions need only be adjusted if the State Secretary has taken credit for such emissions reductions in an

attainment demonstration or maintenance plan consistent with the requirements of subsection 8.6.

2.9.b.4. For a regulated NSR pollutant, when a project involves multiple emissions units, only

3
45CSR19

one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions

units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant.

2.9.b.5. The average rate shall not be based on any consecutive 24-month period for which there

is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount

if required by paragraphs 2.9.b.2 and 2.9.b.3.

2.9.c. For a new emissions unit, the baseline actual emissions for purposes of determining the

emissions increase that will result from the initial construction and operation of such unit shall equal zero;

and thereafter, for all other purposes, shall equal the unit’s potential to emit.

2.9.d. For a PAL for a major stationary source, the baseline actual emissions shall be calculated for

existing electric utility steam generating units in accordance with the procedures contained in subdivision

2.9.a, for other existing emissions units in accordance with the procedures contained in subdivision 2.9.b,

and for a new emissions unit in accordance with the procedures contained in subdivision 2.9.c.

2.10. “Begin actual construction” means in general, initiation of physical on-site construction activities

on an emissions unit which are of a permanent nature. Such activities include, but are not limited to,

installation of building supports and foundations, laying of underground pipework, and construction of

permanent storage structures. With respect to a change in method of operating this term refers to those onsite activities other than preparatory activities which mark the initiation of the change.

2.11. “Best available control technology” or “BACT” means an emissionslimitation (including a visible

emissions standard) based on the maximum degree of reduction for each regulated NSR pollutant which

would be emitted from any proposed major stationary source or major modification which the Secretary, on

a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs,

determines is achievable for such source or modification through application of production processes or

available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel

combustion techniques for control of such pollutant. In no event shall application of best available control

technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable

standard under 40 CFR Parts 60 or 61. If the Secretary determines that technological or economic limitations

on the application of measurement methodology to a particular emissions unit would make the imposition

of an emissionsstandard infeasible, a design, equipment, work practice, operational standard, or combination

thereof, may be prescribed instead to satisfy the requirement for the application of BACT. Such standard

shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design,

equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent

results.

2.12. “Building, structure, facility or installation” means all of the pollutant-emitting activities which

belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and

are under the control of the same person (or persons under common control) except the activities of any

vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong

to the same “Major Group” (i.e., which have the same two (2)-digit code) as described in the Standard

Industrial Classification Manual, 1987 (U.S. Government Printing Office stock number GPO 0-185-718:QL

3).

2.13. “CAA” means the Clean Air Act, 42 U.S.C. 7401, et seq., as amended by Pub. L. No. 101-549

(November 15, 1990).

4
45CSR19

2.14. “Clean coal technology” means any technology, including technologies applied at the

precombustion, combustion, or post combustion stage, at a new or existing facility which will achieve

significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization

of coal in the generation of electricity, or process steam which was not in widespread use as of November

15, 1990.

2.15. “Clean coal technologydemonstration project” means a project using funds appropriated under the

heading “Department of Energy-Clean Coal Technology,” up to a total amount of $2,500,000,000 for

commercial demonstration of clean coal technology, or similar projects funded through appropriations for

the Environmental Protection Agency. The Federal contribution for a qualifying project shall be at least 20

percent of the total cost of the demonstration project.

2.16. [Reserved.]

2.17. “Code” means principally W. Va. Code §22-5-1 et seq., and, where applicable, W. Va. Code §22-

18-1 et seq.

2.18. “Commence,” as applied to construction of a major stationary source or major modification, means

that the owner or operator has all necessary preconstruction approvals or permits and either has: 

2.18.a. Begun, or caused to begin, a continuous programof actual on-site construction of the source,

to be completed within a reasonable time; or

2.18.b. Entered into binding agreements or contractual obligations, which cannot be canceled or

modified without substantial loss to the owner or operator, to undertake a program of actual construction of

the source to be completed within a reasonable time.

2.19. “Construction” means any physical change or change in the method of operation (including

fabrication, erection, installation, demolition or modification of an emissions unit) that would result in a

change in emissions.

2.20. “Continuous emissions monitoring system” or “CEMS” means all of the equipment that may be

required to meet the data acquisition and availability requirements, to sample, condition (if applicable),

analyze, and provide a record of emissions on a continuous basis.

2.21. “Continuous emissionsrate monitoring system” or “CERMS” means the total equipment required

for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time).

2.22. “Continuous parameter monitoring system” or “CPMS” means all of the equipment necessary to

meet the data acquisition and availability requirements of this rule, to monitor process and control device

operational parameters (for example, control device secondary voltages and electric currents) and other

2 2

information (for example, gas flow rate, O or CO concentrations), and to record average operational

parameter value(s) on a continuous basis.

2.23. “Department of Environmental Protection” or “DEP” means the Department of Environmental

Protection which is created by the provisions of West Virginia Code §22-1-1, et seq.

2.24. “Electric utility steam generating unit” means any steam electric generating unit that is constructed

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for the purpose of supplying more than one-third of its potential electric output capacity and more than 25

MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam

distribution system for the purpose of providing steam to a steam-electric generator that would produce

electrical energy for sale is also considered in determining the electrical energy output capacity of the

affected facility.

2.25. “Emissions” refers to the release, escape, or discharge of air pollutants into the air.

2.26. “Emissions unit” means any part of a stationary source which emits or would have the potential

to emit any regulated NSR pollutant and includes an electric utility steam generating unit as defined in

subsection 2.24. For purposes of this rule, there are two types of emissions units as described in subdivisions

2.26.a and 2.26.b.

2.26.a. A new emissions unit is any emissions unit which is (or will be) newly constructed and

which has existed for less than 2 years from the date such emissions unit first operated.

2.26.b. An existing emissions unit is any emissions unit that does not meet the requirements in

subdivision 2.26.a. A replacement unit, as defined in subsection 2.62, is an existing emissions unit.

2.27. “Federal Land Manager” means, with respect to any lands in the United States, the Secretary of

the department with authority over such lands.

2.28. “Federally enforceable” means all limitations and conditions which are enforceable by the

Administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61, rules and

regulations of the approved State Implementation Plan of the State of West Virginia requirements within any

applicable State implementation plan, any permitrequirements established pursuant to 40 CFR §52.21 or this

rule, and including any operating permits issued under a USEPA-approved program that isincorporated into

the State Implementation Plan and expressly requires adherence to any permit issued under such program.

2.29. “Fugitive emissions” means those emissions which could not reasonably pass through a stack,

chimney, vent or other functionally equivalent opening.

2.30. “Intrapollutant Emission Offsets” means that emission offsets may only be achieved for the same

air pollutants which have comparable physical and chemical characteristics and properties (e.g., VOC

2

increases may not be offset against SO reductions, or coke plant particulate matter may not be offset against

boi Xler fly ash, or NO may not be offset against VOC).

2.31. “Lowest achievable emission rate” or (LAER)” means, for any source, that rate of emissions based

on the following, whichever is more stringent: 

2.31.a. The most stringent emissions limitation which is contained in the implementation plan of

any State for such class or category of stationary source, unless the owner or operator of the proposed

stationary source demonstrates that such limitations are not achievable; or

2.31.b. The most stringent emissions limitation which is achieved in practice by such class or

category of stationary sources. This term when applied to a new or modified emissions unit, means the

lowest achievable emissions rate for such emissions units within the stationary source. In no event shall the

application of this term permit a proposed new or modified stationary source to emit any pollutant in excess

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of the amount allowable under an applicable new source standard of performance.

2.32. “Major emissions unit” means:

2.32.a. Any emissions unit that emits or has the potential to emit 100 tons per year or more of the

PAL pollutant in an attainment area; or

2.32.b. Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount

that is equal to or greater than the major source threshold for the PAL pollutant as defined by the CAA for

nonattainment areas. For example, in accordance with the definition of major stationary source in §182(c)

of the CAA, an emissions unit would be a major emissions unit for VOC if the emissions unit is located in

a serious ozone nonattainment area and it emits or hasthe potential to emit 50 or more tons of VOC per year.

2.33. Major Modification.

2.33.a. “Major modification” means any physical change in or change in the method of operation

of a major stationary source that would result in: 

2.33.a.1. A significant emissions increase of a regulated NSR pollutant (as defined in subsection

2.61.); and

2.33.a.2. A significant net emissions increase of that pollutant from the major stationary source.

2.33.b. Any significant emissionsincrease (as defined in subsection 2.67) from any emissions units

or net emissions increase (as defined in subsection 2.39) at a major stationary source that is significant for

volatile organic compounds shall be considered significant for ozone.

2.33.c. A physical change or change in the method of operation shall not include:

2.33.c.1. Routine maintenance, repair and replacement; 

2.33.c.2. Use of an alternative fuel or raw material by reason of an order under sections 2 (a) and

(b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or

by reason of a natural gas curtailment plan pursuant to the Federal Power Act;

2.33.c.3. Use of an alternative fuel by reason of an order or rule under §125 of the CAA;

2.33.c.4. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated

from municipal solid waste;

2.33.c.5. Use of an alternative fuel or raw material by a stationary source which:

2.33.c.5.A. The source was capable of accommodating beforeDecember 21, 1976, unlesssuch

change would be prohibited under any federally enforceable permit condition which was established after

December 21, 1976 pursuant to 40 CFR §52.21 or under regulations approved pursuant to 40 CFR subpart

Subpart I or 40 CFR §51.166, or

2.33.c.5.B. The source is approved to use under any permit issued under this rule; 

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2.33.c.6. An increase in the hours of operation or in the production rate, unless such change is

prohibited under any federally enforceable permit condition which was established after December 21, 1976

pursuant to 40 CFR §52.21 or regulations approved pursuant to 40 CFR Part 51 subpart Subpart I or 40 CFR

§51.166.

2.33.c.7. Any change in ownership at a stationary source.

2.33.c.8. [Reserved.]

2.33.c.9. The installation, operation, cessation, or removal of a temporary clean coal technology

demonstration project, provided that the project complies with: 

2.33.c.9.A. The West Virginia State Implementation Plan, and 

2.33.c.9.B. Other requirements necessary to attain and maintain the National Ambient Air

Quality Standard during the project and after it is terminated.

2.33.d. This definition shall not apply with respect to a particular regulated NSR pollutant when the

major stationary source is complying with the requirements under section 23 for a PAL for that pollutant.

Instead, the definition at subsection 2.48 shall apply.

2.33.e. For the purpose of applying the requirements of subsection 17.6 to modifications at major

stationary sources of nitrogen oxides located in ozone nonattainment areas or in ozone transport regions,

whether or not subject to Title I, Part D, Subpart 2 of the CAA, any significant net emissions increase of

nitrogen oxides is considered significant for ozone.

2.33.f. Any physical change in, or change in the method of operation of, a major stationary source

of volatile organic compounds that results in any increase in emissions of volatile organic compounds from

any discrete operation, emissions unit, or other pollutant emitting activity at the source shall be considered

a significant net emissions increase and a major modification for ozone, if the major stationary source is

located in an extreme ozone nonattainment area that is subject to Title I, Part D, Subpart 2 of the CAA.

2.34 X. “Major Modification for Ozone” means a major modification for VOC and NO .

2.35. “Major Stationary Source” means:

2.35.a. Any stationary source of air pollutants which that emits, or hasthe potential to emit 100 tons

per year or more of any regulated NSR pollutant, except that lower emissions thresholds shall apply in areas

subject to ozone nonattainment areas, carbon monoxide nonattainment areas, or particulate matter

nonattainment areas, in accordance with the following:

2.35.a.1. 50 tons per year of volatile organic compounds in any serious ozone nonattainment area;

2.35.a.2. 50 tons per year of volatile organic compounds in an area within an ozone transport

region, except for any severe or extreme ozone nonattainment area;

2.35.a.3. 25 tons per year of volatile organic compounds in any severe ozone nonattainment area;

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2.35.a.4. 10 tons per year of volatile organic compoundsin any extreme ozone nonattainment area;

2.35.a.5. 50 tons per year of carbon monoxide in any serious nonattainment area for carbon

monoxide, where stationary sources contribute significantly to carbon monoxide levels in the area (as

determined under rules issued by the Administrator); and

2.35 10 10.a.6. 70 tons per year of PM in any serious nonattainment area for PM ;.

2.35.b. For the purposes of applying the requirements of subsection 17.6 to stationary sources of

nitrogen oxideslocated in an ozone nonattainment area or in an ozone transport region, any stationary source

which emits, or has the potential to emit, 100 tons per year or more of nitrogen oxides emissions, except that

the following emission thresholds shall apply in ozone nonattainment areassubject to Title 1, Part D, Subpart

2:

2.35.b.1. 100 tons per year or more of nitrogen oxides in any ozone nonattainment area classified

as marginal or moderate;

2.35.b.2. 100 tons per year or more of nitrogen oxides in any ozone nonattainment area classified

as a transitional, submarginal, or incomplete or no data area, when such area is located in an ozone transport

region;

2.35.b.3. 100 tons per year or more of nitrogen oxidesin any area designated under §107(d) of the

CAA as attainment or unclassifiable for ozone that is located in an ozone transport region;

2.35.b.4. 50 tons per year or more of nitrogen oxidesin any serious nonattainment area for ozone;

2.35.b.5. 25 tons per year or more of nitrogen oxides in any severe nonattainment area for ozone;

2.35.b.6. 10 tons per year or more of nitrogen oxidesin any extreme nonattainment area for ozone;

or

2.35.c. Any physical change that would occur at a stationary source not qualifying under

subdivisions 2.35.a and 2.35.b as a major stationary source, if the change would constitute a major stationary

source by itself.

2.35.d. A major stationary source that is major for volatile organic compounds shall be considered

major for ozone.

2.35.e. The fugitive emissions of a stationary source shall not be included in determining for any

of the purposes of this subsection 2.35 whether it is a major stationary source, unless the source belongs to

one of the following categories of stationary sources:

2.35.e.1. Coal cleaning plants (with thermal dryers); 

2.35.e.2. Kraft pulp mills;

2.35.e.3. Portland cement plants;

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2.35.e.4. Primary zinc smelters;

2.35.e.5. Iron and steel mills; 

2.35.e.6. Primary aluminum ore reduction plants;

2.35.e.7. Primary copper smelters; 

2.35.e.8. Municipal incinerators capable of charging more than 250 tons of refuse per day; 

2.35.e.9. Hydrofluoric, sulfuric, or nitric acid plants;

2.35.e.10. Petroleum refineries;

2.35.e.11. Lime plants; 

2.35.e.12. Phosphate rock processing plants;

2.35.e.13. Coke oven batteries;

2.35.e.14. Sulfur recovery plants;

2.35.e.15. Carbon black plants (furnace process); 

2.35.e.16. Primary lead smelters;

2.35.e.17. Fuel conversion plants;

2.35.e.18. Sintering plants; 

2.35.e.19. Secondary metal production plants; 

2.35.e.20. Chemical process plants -- The term chemical processing plant shall not include

ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193

or 312140;

2.35.e.21. Fossil-fuel boilers (or combination thereof) totaling more than 250 million British

thermal units per hour heat input; 

2.35.e.22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000

barrels; 

2.35.e.23. Taconite ore processing plants; 

2.35.e.24. Glass fiber processing plants; 

2.35.e.25. Charcoal production plants;

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2.35.e.26. Fossil fuel-fired steam electric plants of more than 250 million British thermal units

per hour heat input; and 

2.35.e.27. Any other stationary source category which, as of August 7, 1980, is being regulated

under §111 §§111 or 112 of the CAA.

2.35.f. In addition to those facilities covered under subdivision 2.35.e, all coal preparation plants

as defined under 40 CFR §60.251(a) which process more than 200 tons per day shall count fugitive emissions

from all “affected facilities” at the source.

2.35.g. For the purpose of subdivision 2.35.f, the term “affected facilities” means those facilities

which are listed or identified as “affected facilities” in the applicable standard promulgated under §§111 or

112 of the CAA.”

2.36 X. “Major Stationary Source for Ozone” means a major stationary source of VOC or NO .

2.37. “National Ambient Air Quality Standard (NAAQS)” means the numerical standard specified by

the United States Environmental Protection Agency for each air pollutant for which air quality criteria have

been issued.

2.38. “Necessarypreconstruction approvals or permits” means those permits or approvals required under

federal air quality control laws or regulations and air quality control laws and regulations rules of the State

of West Virginia. Where a consent order is required to be submitted to the USEPA for inclusion in the State

Implementation Plan, the applicant will not have all necessary pre-construction approvals or permits until

such time as the Administrator approves such consent order for inclusion in the State Implementation Plan.

2.39. “Net emissions increase” means, with respect to any regulated NSR pollutant emitted by a major

stationary source, the amount by which the sum of the following exceeds zero: 

2.39.a. Any The increase in emissions from a particular physical change or change in the method

of operation at a stationary source as calculated pursuant to subsection 3.4.; and 

2.39.b. Any other increases and decreases in actual emissions at the major stationary source that are

contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for

calculating increases and decreases under this subdivision shall be determined as provided in subsection 2.9,

except that paragraphs 2.9.a.3 and 2.9.b.4 shall not apply.

2.39.b.1. An increase or decrease in actual emissions is contemporaneous with the increase from

the particular change only if it occurs before the date that the increase from the particular change occurs; 

2.39.b.2. An increase or decrease in actual emissions is creditable only if:

2.39.b.2.A. It occurs within a reasonable period to be specified by the Secretary; and 

2.39.b.2.B. The Secretary has not relied on the increase or decrease in issuing a permit for the

source under section 14, which permit is in effect when the increase in actual emissions from the particular

change occurs; and.

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2.39.b.3. An increase in actual emissionsis creditable only to the extent that the new level of actual

emissions exceeds the old level.

2.39.b.4. A decrease in actual emissions is creditable only to the extent that:

2.39.b.4.A. The old level of actual emission or the old level of allowable emissions whichever

is lower, exceeds the new level of actual emissions; 

2.39.b.4.B. It is federally enforceable and enforceable by the Secretary as a practical matter

at and after the time that actual construction on the particular change begins; and 

2.39.b.4.C. The Secretary has not relied on it in issuing any permit under this rule, in

demonstrating attainment of the NAAQS, or in a demonstration of reasonable further progress; and

2.39.b.4.D. It has approximatelythe same qualitative significance for public health andwelfare

as that attributed to the increase from the particular change.

2.39.b.5. An increase that results from a physical change at a source occurs when the emissions

unit on which construction occurred becomes operational and beginsto emit a particular pollutant. Any new

replacement unit that replaces an existing unit and requires shakedown becomes operational only after a

reasonable shakedown period, not to exceed one hundred eighty (180) days.

2.39.c. Subdivision 2.1.a shall not apply for determining creditable increases and decreases or after

a change.

2.40. “Nonattainment Area” means forthe purpose of this rule, those areas designated in accordance with

§107 of the CAA as not having attained NAAQS for specific air pollutants. Nonattainment areas for ozone,

carbon monox 10ide, and PM are divided into categories, which may have different major source size

definitions and offset ratio requirements than in previous regulations. These categories are as follows:

2.40.a. Ozone nonattainment areas may be designated as Marginal, Moderate, Serious, Severe, or

Extreme.

2.40.b. Carbon monoxide nonattainment areas may be designated as Moderate or Severe.

2.40 10.c. PM nonattainment areas may be designated as Moderate or Severe.

2.41. “Nonattainment major new source review (NSR) program” means a major source preconstruction

permit program that has been approved by the Administrator, or a program that implements 40 CFR Part 51,

appendix S, sections I through VI. Any permit issued under such a program is a major NSR permit.

2.42. “Offset” or “emission offset” means an emission reduction of a given pollutant achieved at an

existing source (or emissions unit within such source) that allows for the emission of such given pollutant

at a different proposed source (or emissions unit within such proposed source); provided that the amount of

reduction in emissions at the existing source (or emissions unit within such source), is greater, on a tons per

year basis, than one-to-one with respect to the proposed emissions from the different source (or emissions

unit within such source) so that total emissions from the source including all existing and proposed facilities

for a given pollutant shall be less than baseline emissions. This term also means an emission reduction of

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a given pollutant achieved at a unit within an existing source that allows for the emission of such given

pollutant at a different unit within the same existing source. In addition to the above requirement that offset

ratios must be greater than one-to-one, the offset ratios in ozone nonattainment areas must equal or exceed:

2.42.a. In marginal ozone nonattainment areas, 1.1 to 1.

2.42.b. In moderate ozone nonattainment areas, 1.15 to 1.

2.42.c. In serious ozone nonattainment areas, 1.2 to 1.

2.42.d. In severe ozone nonattainment areas, 1.3 to 1.

2.42.e. In extreme ozone nonattainment areas, 1.5 to 1.

2.43. “Offset Ratio” means the ratio of total emission reductions to total emission increases, for any

specific pollutant.

2.44 2.5. “PM ” means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5

micrometers as measured by a reference method described in Appendix L of 40 CFR Part 50.

2.44 10. 2.45. “PM ” means particulate matter with an aerodynamic diameter less than or equal to a

nominal 10 micrometers as measured by a reference method described in Appendix J of 40 CFR Part 50.

2.45. 2.46. “Particulate Matter” means any material, except uncombined water, that exists in a finely

divided form as a liquid or solid.

2.46. 2.47. “PAL effective date” generally means the date of issuance of the PAL permit. However, the

PAL effective date for an increased PAL is the date any emissions unit which is part of the PAL major

modification becomes operational and begins to emit the PAL pollutant.

2.47. 2.48. “PAL effective period” means the period beginning with the PAL effective date and ending

10 years later.

2.48. 2.49. “PAL major modification”means, notwithstandingsubsections 2.33and 2.39 (the definitions

for major modification and net emissions increase), any physical change in or change in the method of

operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the

PAL.

2.49. 2.50. “PAL permit” means the major NSR permit, the minor NSR permit, or the title V permit

issued by the Secretary that establishes a PAL for a major stationary source.

2.50. 2.51. “PAL pollutant” means the pollutant for which a PAL is established at a major stationary

source.

2.51. 2.52. “Person”means any and all persons, natural or artificial, including the State of West Virginia

or any other state and all agencies or divisions thereof, any state political subdivision, the United States of

America, any municipal, statutory, public or private corporation or association organized or existing under

the law of this or any other state or country, and any firm, partnership or association of whatever nature.

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2.52. 2.53. “Plantwide applicability limitation” or “PAL” means an emission limitation expressed in

tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and

established source-wide in accordance with subsections 23.1 through 23.15.

2.53. [Reserved.]

2.54. “Pollution prevention” means any activity that through process changes, product reformulation or

redesign, or substitution of less polluting raw materials, eliminates or reduces the release of air pollutants

(including fugitive emissions) and other pollutants to the environment prior to recycling, treatment, or

disposal; it does not mean recycling (other than certain “in-process recycling” practices), energy recovery,

treatment or disposal.

2.55. “Potential to emit” means the maximum capacity of a stationary source to emit a pollutant under

its physical and operational design. Any physical or operational limitation on the capacity of the source to

emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the

type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the

limitation or the effect it would have on emissionsis federally enforceable or is enforceable by the Secretary

in any permit or consent order issued by the Administrator or by the Secretary. Secondary emissions do not

count in determining the potential to emit of a stationary source.

2.56. “Predictive emissions monitoring system” or “PEMS” means all of the equipment necessary to

monitor process and control device operational parameters (for example, control device secondary voltages

and elect 2 2ric currents) and other information (for example, gas flow rate, O or CO concentrations), and

calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis.

2.57. “Prevention of Significant Deterioration (PSD) permit” means any permit that is issued under the

major source preconstruction permit program set forth in 45CSR14.

2.58. “Project” means a physical change in, or change in the method of operation of, an existing major

stationary source.

2.59. “Projected actual emissions” means, the maximum annual rate, in tons per year, at which an

existing emissions unit is projected to emit a regulated NSR pollutant in any one of the 5 years (12-month

period) following the date the unit resumes regular operation after the project, or in any one of the 10 years

following that date, if the project involves increasing the emissions unit’s design capacity or its potential to

emit of that regulated NSR pollutant and full utilization of the unit would result in a significant emissions

increase or a significant net emissions increase at the major stationary source. In determining the projected

actual emissions, before beginning actual construction, the owner or operator of the major stationary source:

2.59.a. Shall consider all relevant information, including but not limited to, historical operational

data, the company’s own representations, the company’s expected business activity and the company’s

highest projections of business activity, the company’s filings with the State or Federal regulatory authorities,

and compliance plans under the approved plan; and

2.59.b. Shall include fugitive emissions to the extent quantifiable, and emissions associated with

startups, shutdowns, and malfunctions; and

2.59.c. Shall exclude, in calculating any increase in emissions that results from the particular

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project, that portion of the unit’s emissions following the project that an existing unit could have

accommodated during the consecutive 24-month period used to establish the baseline actual emissions under

subsection 2.9 and that are also unrelated to the particular project, including any increased utilization due

to product demand growth.; or

2.59.d. In lieu of using the method set out in subdivisions 2.59.a through 2.59.c, may elect to use

the emissions unit’s potential to emit, in tons per year, as defined under subdivision 2.55.

2.60. “Reasonable Further Progress” means the annual reductions in emissions of pollutants in

nonattainment areas as are required pursuant to Part D of the 1990 Clean Air Act Amendments or which are

required by the Secretary or the Administrator for the purpose of ensuring attainment of NAAQS by the

applicable statutory deadline.

2.61. “Regulated NSR Pollutant” means the following: 

2.61.a. Any pollutant for which a National Ambient Air Quality Standard has been promulgated; 

2.61.b. Nitrogen oxides or any volatile organic compounds;

2.61.c. Any pollutant that is identified under this subdivision as a constituent or precursor of a

general pollutant listed under subdivisions 2.61.a or 2.61.b, provided that such constituent or precursor

pollutant may only be regulated under NSR as part of regulation of the general pollutant. Precursors

identified by the Administrator for purposes of NSR are the following:

2.61.c.1. Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone

nonattainment areas.

2.61 2.5 2.5.c.2. Sulfur dioxide is a precursor to PM in all PM nonattainment areas.

2.61 2.5 2.5.c.3. Nitrogen oxides are presumed to be precursors to PM in all PM nonattainment areas,

unlessthe Secretary demonstrates to the Administrator’ssatisfaction or USEPA demonstrates that emissions

of nitrogen oxides from sources in a specific area are not a significant contributor to that area’s ambient

PM2.5 concentrations.

2.61 2.5.c.4. Volatile organic compounds and ammonia are presumed not to be precursors to PM

2.5

in any PM nonattainment area, unless the Secretary demonstrates to the Administrator’s satisfaction or

USEPA demonstrates that emissions of volatile organic compounds or ammonia from sources in a specific

area are a 2.5 significant contributor to that area’s ambient PM concentrations.

2.61 2.5 10.d. PM emissions and PM emissions shall include gaseous emissions from a source or

activity which condense to formparticulate matter at ambient temperatures. On or after January 1, 2011, such

condensable particulate matter shall be accounted for in applicability determinations and in establishing

emissions 2.5 10limitations for PM and PM in nonattainment major NSR permits. Compliance with emissions

2.5 10

limitations for PM and PM issued prior to this date shall not be based on condensable particulate matter

unless required by the terms and conditions of the permit or the applicable implementation plan.

Applicability determinations made prior to this date without accounting for condensable particulate matter

shall not be considered in violation of this section rule unless the applicable implementation plan required

condensable particulate matter to be included.

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2.62. “Replacement unit” means an emissions unit for which all the criteria listed in subdivisions 2.62.a

through 2.62.d are met. No creditable emission reductionsshall be generated fromshutting down the existing

emissions unit that is replaced.

2.62.a. The emissions unit is a reconstructed unit within the meaning of 40 CFR §60.15(b)(1), or

the emissions unit completely takes the place of an existing emissions unit;

2.62.b. The emissions unit is identical to or functionally equivalent to the replaced emissions unit;

2.62.c. The replacement does not change the basic design parameter(s) of the process unit; and

2.62.d. The replaced emissions unit is permanently removed from the major stationary source,

otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a

practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new

emissions unit.

2.63. “Reviewing authority” means the Secretary of the Department of Environmental Protection.

[Reserved.]

2.64. “Secondary emissions” means emissions which would occur as a result of the construction or

operation of a major stationary source or major modification, but do not come from the major stationary

source or major modification itself. Secondary emissions must be specific, well defined, quantifiable, and

impact the same general area as the stationary source or modification which causesthe secondary emissions. 

Secondary emissions include, but are not limited to emissions from any offsite support facility which would

not otherwise be constructed or increase its emissions except as a result of the construction or operation of

the major stationary source of or major modification. Secondary emissions do not include any emissions

which come directly from a mobile source such as emissions from the tailpipe of a motor vehicle, a train, or

from a vessel.

2.65. “Secretary” means the Secretary of the Division of Environmental Protection or his or her

designated representative.

2.66. “Significant” means, in reference to a net emissions increase or the potential of a source to emit

any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

Pollutant and Pollutant Emission Rate

(tons per year)

Carbon monoxide: 100 tpy

Nitrogen oxides: 40 tpy

Sulfur dioxide: 40 tpy

Ozone: 40 tpy

of VOC or NOX

Lead: 0.6 tpy

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45CSR19

PM10: 15 tpy

PM2.5: 10 tpy

of direct 2.5 PM emissions

PM2.5: 40 tpy

of SO2 emissions

PM2.5: 40 tpy

of NOX emissions

2.5

(unless demonstrated not to be a PM precursor under subsection 2.61).

2.66.a. Notwithstanding the significant emissions rate for ozone in subsection 2.66, significant

means, in reference to an emissions increase or a net emissions increase, any increase in actual emissions of

volatile organic compounds that would result from any physical change in, or change in the method of

operation of, a major stationary source locating in a serious or severe ozone nonattainment area that issubject

to Title I, Part D, Subpart 2 of the CAA, if such emissions increase of volatile organic compounds exceeds

25 tons per year.

2.66.b. For the purposes of applying the requirements of subsection 17.6 to modifications at major

stationary sources of nitrogen oxideslocated in an ozone nonattainment area or in an ozone transport region,

the significant emission rates and other requirements for volatile organic compounds in subsection 2.66,

subdivisions 2.66.a and 2.66.d shall apply to nitrogen oxides emissions.

2.66.c. Notwithstanding the significant emissions rate for carbon monoxide under subsection 2.66,

significant means, in reference to an emissions increase or a net emissions increase, any increase in actual

emissions of carbon monoxide that would result from any physical change in, or change in the method of

operation of, a major stationary source in a serious nonattainment area for carbon monoxide if such increase

equals or exceeds 50 tons per year, provided the Administrator has determined that stationary sources

contribute significantly to carbon monoxide levels in that area.

2.66.d. Notwithstanding the significant emissions rates for ozone under subsection 2.66 and

subdivision 2.66.a, any increase in actual emissions of volatile organic compounds from any emissions unit

at a major stationary source of volatile organic compounds located in an extreme ozone nonattainment area

that is subject to Title I, Part D, Subpart 2 of the CAA shall be considered a significant net emissions

increase.

2.67. “Significant emissions increase” means, for a regulated NSR pollutant, an increase in emissions

that is significant for that pollutant.

2.68. “Significant emissions unit” means an emissions unit that emits or has the potential to emit a PAL

pollutant in an amount that is equal to or greater than the significant level, as defined in subsection 2.66 or

the CAA, whichever is lower, for that PAL pollutant, but less than the amount that would qualify the unit

as a major emissions unit.

2.69. “Significant Impact” means an increase in the ambient air concentration for a particular pollutant

as follows:

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Averaging time (hours)

Annual 24 8 3 1

Ambient Air Concentration Increase (ìg/m )

3

SO2 1.0 5.0 25.0

PM10 1.0 5.0

PM2.5 0.3 1.2

NO2 1.0

TSP 1.0 5.0

Ambient Air Concentration Increase (mg/m )

3

CO 0.5 2.0

2.70. “Small emissions unit” means an emissions unit that emits or has the potential to emit the PAL

pollutant in an amount less than the significant level for that PAL pollutant, as defined in subsection 2.66

or the CAA, whichever is lower.

2.71. “Source, Stationary Source” or “stationary source” means any building, structure, facility or

installation which emits or may emit any a regulated air NSR pollutant.

2.72. “Temporary clean coal technology demonstration project” means a clean coal technology

demonstration project that is operated for a period of 5 years or less, and which complies with the State

Implementation Plan for the State in which the project is located and other requirements necessary to attain

and maintain the National Ambient Air Quality Standards during the project and after it is terminated.

2.73. “Temporary Source” or “sources of temporary emissions”, means for a source located in a

nonattainment area and subject to this rule, those emissions occurring for a period of time less than two

years.

2.74. “TSP” or “Total Suspended Particulate Matter” means particulate matter as measured by the

method described in Appendix B of 40 CFR Part 50.

2.75. “USEPA” means the United States Environmental Protection Agency.

2.76. “Volatile organic compounds (VOC)” are as defined in 40 CFR §51.100(s).

2.77. Other words and phrases used in this rule, unless otherwise indicated, have the meaning ascribed

to them in W. Va. Code §22-5-2 and the federal Clean Air Act.

§45-19-3. Applicability.

3.1. Preconstruction Permit Program In Nonattainment Areas. -- The preconstruction permit program

requirements apply to the construction of any new major stationary source or major modification that is

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major for the pollutant for which the area is designated nonattainment under 40 CFR Part 81, Subpart C if

the stationary source or modification would locate anywhere in the designated nonattainment area.

3.2. Preconstruction Permit Program In Attainment Areas. -- The preconstruction permit program

requirements also apply to any proposed major stationary source and to any major modification to such

source in an area designated as attainment or unclassifiable for any National Ambient Air Quality Standard

(NAAQS) pursuant to section 107 of the CAA when it would cause or contribute to a violation of a any

NAAQS.

3.3. Significance levels.

3.3.a. A major source or major modification will be considered to cause or contribute to a violation

of a NAAQS when such source or modification would, at a minimum, exceed the following significance

levels set forth in Table 45-19B at any locality that does not or would not meet the applicable national

standard.:

Averaging time (hours)

Annual 24 8 3 1

Ambient Air Concentration Increase (ìg/m )

3

SO2 1.0 5.0 25.0

PM10 1.0 5.0

PM2.5 0.3 1.2

NO2 1.0

Ambient Air Concentration Increase (mg/m )

3

CO 0.5 2.0

3.3.b. A proposed major source or major modification subject to subsection 3.2 may reduce the impact

of its emissions upon air quality by obtaining sufficient emission reductions to, at a minimum, compensate

for its adverse ambient impact where the major source or major modification would otherwise cause or

contribute to a violation of any NAAQS.

3.4. Determination of major modification. -- The determination as to whether or not a proposed project

is a major modification for a regulated NSR pollutant shall be determined in accordance with the specific

provisions set forth in subdivisions 3.4.a through 3.4.f.

3.4.a. Except as otherwise provided in subsections 3.5 and 3.6, and consistent with the definition of

major modification, a proposed project is a major modification for a regulated NSR pollutant if it causes two

types of emissions increases -- a significant emissions increase (as defined in subsection 2.67), and a

significant net emissions increase (as defined in subsections 2.66 and 2.39). The proposed project is not a

major modification if it does not cause a significant emissions increase. If the project causes a significant

emissions increase, then the project is a major modification only if it also results in a significant net

emissions increase.

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3.4.b. The procedure for calculating, before beginning actual construction, whether a significant

emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units

being modified, according to subdivisions 3.4.c through 3.4.f. The procedure for calculating, before

beginning actual construction, whether a significant net emissionsincrease will occur at the major stationary

source (i.e., the second step of the process) is contained in the definition in subsection 2.39. Regardless of

any such preconstruction projections, a major modification results if the project causes a significant

emissions increase and a significant net emissions increase.

3.4.c. Actual-to-projected-actual applicability test for proposed projects that only involve existing

emissions units. -- A significant emissions increase of a regulated NSR pollutant is projected to occur if the

sum of the difference between the projected actual emissions and the baseline actual emissions (as defined

in subdivisions 2.9.a and 2.9.b, as applicable), for each existing emissions unit, equals or exceeds the

significant amount for that pollutant.

3.4.d. Actual-to-potential test for proposed projects that only involve construction of a new emissions

unit(s). -- A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of

the difference between the potential to emit from each new emissions unit following completion of the

proposed project and the baseline actual emissions of these units before the project equals or exceeds the

significant amount for that pollutant.

3.4.e. [Reserved.]

3.4.f. Hybrid testfor projects that involve multiple types of emissions units. --A significant emissions

increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each

emissions unit, using the method specified in subdivisions 3.4.c through 3.4.d as applicable with respect to

each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that

pollutant.

3.5. For any major stationary source subject to a PAL for a regulated NSR pollutant, the major

stationary source shall comply with the requirements under section 23.

3.6. [Reserved.]

3.7. Exemption.

3.7.a. A source or modification shall not be considered a major stationary source or major

modification only if fugitive emission emissions to the extent quantifiable are considered in calculating the

potential to emit of the stationary source or modification and the source does not belong to any of the

following categories:

3.7.a.1. Coal cleaning plants (with thermal dryers);

3.7.a.2. Kraft pulp mills;

3.7.a.3. Portland cement plants;

3.7.a.4. Primary zinc smelters;

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45CSR19

3.7.a.5. Iron and steel mills;

3.7.a.6. Primary aluminum ore reduction plants;

3.7.a.7. Primary copper smelters;

3.7.a.8. Municipal incinerators capable of charging more than 250 tons of refuse per day;

3.7.a.9. Hydrofluoric, sulfuric, or citric acid plants;

3.7.a.10. Petroleum refineries;

3.7.a.11. Lime plants;

3.7.a.12. Phosphate rock processing plants;

3.7.a.13. Coke oven batteries;

3.7.a.14. Sulfur recovery plants;

3.7.a.15. Carbon black plants (furnace process);

3.7.a.16. Primary lead smelters;

3.7.a.17. Fuel conversion plants;

3.7.a.18. Sintering plants;

3.7.a.19. Secondary metal production plants;

3.7.a.20. Chemical process plants -- The term chemical processing plant shall not include ethanol

production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or

312140;

3.7.a.21. Fossil-fuel boilers (or combination thereof)totaling more than 250 millionBritish thermal

units per hour heat input;

3.7.a.22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000

barrels;

3.7.a.23. Taconite ore processing plants;

3.7.a.24. Glass fiber processing plants;

3.7.a.25. Charcoal production plants;

3.7.a.26. Fossil fuel-fired steam electric plants of more than 250 million British thermal units per

hour heat input; and

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3.7.a.27. Any other stationary source category which, as of August 7, 1980, is being regulated

under section §§111 or 112 of the CAA.

3.7.b. In addition to the facilities covered under subdivision 3.7.a, all coal preparation plants as

defined under 40 CFR §60.251(a) which process more than 200 tons per day shall count fugitive emissions

from all “affected facilities” at the source.

3.7.c. For the purpose of subdivision 3.7.b, the term “affected facilities” means those facilities which

are listed or identified as “affected facilities” in the applicable standard promulgated under §§111 or 112 of

the CAA.”

§45-19-4. Conditions for a Permit Approval for Proposed Major Sources That Would Contribute

to a Violation of NAAQS.

4.1. Upon determination by the Secretary that a proposed new major stationary source or major

modification will locate within a nonattainment area, or that a proposed new major stationary source or major

modification to be built outside a nonattainment area will have a significant impact on pollutant

concentrations in a nonattainment area, as of such source’s proposed start-up date, permit approval may be

granted only if the applicant agrees within its permit application and permit (if approved), to meet the

following conditions:

4.1.a. The proposed major stationary source or major modification is required to meet the lowest

achievable emission rate (LAER) for such source;

4.1.b. The applicant must certify that all existing sources owned or operated by the applicant (or any

entity controlling, controlled by, or under common control of the applicant) in West Virginia are in

compliance with the CAA and W.Va. Code §22-5-4, or the applicable regulations, or is in compliance with

a compliance program or a court decree which is federally enforceable and enforceable by the Secretary;

4.1.c. More than equivalent emission offsets fromexisting sources in the nonattainment area impacted

by the proposed new major stationary source or major modification (whether or not under the same

ownership) are required such that there will be reasonable further progress toward attainment of the

app Xlicable NAAQS. For sources locating in ozone nonattainment areas, the offset ratios for VOC and NO

must equal or exceed those specified in subsection 2.42. Only intrapollutant emission offsets are acceptable;

and

4.1.d. The emission offsets will provide a positive net air quality benefit in the affected nonattainment

area. Atmosphe Xric simulation modeling for ozone impacts is not necessary for VOC and NO . Compliance

with subdivision 4.1.c and subsection 8.2 will be adequate to meet this condition.

4.2. Upon determination by the Secretary that technological or economic limitations on the application

of measurement methodology to a particular source or class of sources would make the imposition of an

enforceable numerical emission standard infeasible, the applicant may, by petition, request that the Secretary

approve an appropriate design, operational or equipment standard. In the event that the applicant’s proposed

design, operational or equipment standard is unacceptable to the Secretary, the Secretary shall determine an

appropriate measurement methodology or design, operational or equipment standard and shall incorporate

such determinations and requirements within the permit.

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45CSR19

4.3. For phased construction projects, the determination of the lowest achievable emission rate shall

be reviewed and modified as appropriate at the latest reasonable time which occurs no later than 18 months

prior to commencement of construction of each independent phase of the project. At such time, the owner

or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous

determination of the lowest achievable emission rate for the source.

4.4. Control Technology Information. -- The Secretary shall, for each new major source and major

modification, submit to the Administrator, within 60 days of issuance of the construction permit, all

information on the emissions prevention or control technology for the new major source or major

modification for the purpose of making such information available through the RACT/BACT/LAER

clearinghouse to other states and to the general public.

4.5. Rocket Engines or Motors. -- The Secretary may allow a source to offset by alternative or

innovative means emission increases fromrocket engine and motor firing, and cleaning related to such firing,

at an existing or modified source that tests rocket engines or motors under the following conditions:

4.5.a. Any modification proposed is solely for the purpose of expanding the testing of rocket engines

or motors at an existing source that was permitted to test such engines as of November 15, 1990;

4.5.b. The source demonstrates to the satisfaction of the Secretary that it has used all reasonablemeans

to obtain and utilize offsets, as determined on an annual basis, for the emissions increases beyond allowable

levels, that all available offsets are being used, and that sufficient offsets are not available to the source;

4.5.c. The source has obtained a written finding from the Department of Defense, Department of

Transportation, National Aeronautics and Space Administration or other appropriate Federal agency, that

the testing of rocket motors or engines at the facility is required for a program essential to national security;

and

4.5.d. The source shall comply with an alternative measure, imposed by the Secretary, designed to

offset any emission increases beyond permitted levels not directly offset by the source. In lieu of imposing

any alternative offset measures, the Secretary may impose any emissions fee which shall be an amount no

greater than 1.5 times the average cost of stationary source control measures adopted in that area during the

previous three (3) years. The Secretary shall utilize the fees in a manner that maximizes reductions in that

area.

§45-19-5. Conditions for Permit Approval for Sources Locating in Attainment or Unclassifiable

Areas That Would Cause a New Violation of a NAAQS.

5.1. Upon determination by the Secretary that the emissions from a proposed new major stationary

source or major modification locating in attainment or unclassified areas would cause a new violation of a

NAAQS, permit approval may be granted only ifthe applicant agrees within its permit application and permit

(if approved) to meet a more stringent emission limitation and/or limit emissions of existing sources below

levels allowed by the applicable regulations so that the proposed source will not cause a new violation of any

NAAQS. Only intrapollutant emission offsets are acceptable.

5.2. If the proposed major source or major modification does not obtain the emission reductions

specified in subsection 3.2 the Secretary shall deny the proposed construction.

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45CSR19

5.3. The requirements of subsections 3.2 and 5.2 shall not apply to a major stationary source or major

modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that

pollutant, the source or modification is located in an area designated as nonattainment pursuant to section

§ 107 of the CAA.

§45-19-6. [Reserved.]

§45-19-7. Baseline for Determining Credit for Emission Offsets.

7.1. For major stationary sources and major modifications subject to subsections 3.1 and 3.2 the

baseline for determining credit for emissions reductions is the emission limit in effect at the time the

application for a permit to construct under section 14 is filed, except that the offset baseline shall be the

actual emissions of the source from which the offset credit is obtained where:

7.1.a. The demonstration of reasonable further progress and attainment of ambient air quality

standards is based upon the actual emissions of sources located within a designated nonattainment area; or

7.1.b. The applicable regulation does not contain an emission limitation for a source or source

category, the emission offset baseline involving such sources shall be the actual emissions.

7.2. Where the an applicable regulation emission limit allows greater emissions than the potential

emission rate to emit of the source, emission offset credit will be allowed only for control below the this

potential emission rate.

7.3. For an existing fuel combustion source, credit shall be based on the allowable emissions for the

type of fuel being burned at the time the permit to construct application under section 14 is filed. If the

existing source commits to switch to a cleaner fuel at some future date, emission offset credit based on the

allowable or actual emissions for the fuels involved is not acceptable, unless the permit is conditioned to

require use of a specified alternative control measure which would achieve the same degree of emissions

reduction should the source switch back to a dirtier fuel at some later date. The applicant shall ensure that

adequate long-term supplies of the new fuel are available before emission offset credit for fuel switches may

be granted.

7.4. Emissionsreductions achieved by shutting down an existing emission unit or curtailing production

or operating hours may be generally credited for offsets if they meet the following requirements:

7.4.a. Such reductions are surplus, permanent, quantifiable, federally enforceable.

7.4.b. The shutdown or curtailment occurred on or after the date specified in the attainment plan, and

ifsuch date is on or after the date of the mostrecent emission inventory used in the attainment demonstration. 

Where the plan does not specify a cutoff date for shutdown credits, the date of the most recent emissions

inventory or attainment demonstration shall apply. However, no may credit be given for shutdowns which

occurred prior to August 7, 1977.

7.5. Emissionsreductions achieved by shutting down an existing emissions unit or curtailing production

or operating hours and that do not meet the requirements in subdivision 7.4.b may be generally credited only

if:

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45CSR19

7.5.a. The shutdown or curtailment occurred on or after the date the construction permit application

is filed, or

7.5.b. The applicant can establish that the proposed new emissions unit is a replacement for the

shutdown or curtailed emissions unit, and the emissionsreductions achieved by the shutdown or curtailment

met the requirements of subdivision 7.4.a.

7.6. No emissions credit may be allowed for replacing one hydrocarbon compound with another of

lesser reactivity, except for those compounds listed in Table 1 of USEPA’s “Recommended Policy on

Control of Volatile Organic Compounds” (42 FR 35314, July 8, 1977).

7.7. All emission reductions claimed as offset credit shall be federally enforceable.

§45-19-8. Location of Emissions Offsets.

8.1. Emissions offsets shall be obtained from sources located as close to the proposed major stationary

or major modified source site as possible. Except for ozone nonattainment areas, these emissions offsets

must be obtained from the same nonattainment area as the proposed major source or major modification.

8.2. The Secretary, by petition, may allow emissions offsets from sources located at greater distances

from the proposed major stationary source or major modification provided that an adequate demonstration

that nearby offsets were investigated and reasonable alternatives which provide a positive net air quality

benefit are not available is submitted by the applicant, subject to the following provisions:

8.2.a X. Emission offsets for VOC or NO will generally be acceptable from sources located within the

same ozone nonattainment area or from other ozone nonattainment areas of equal or higher classification

which can be shown to cause or significantly contribute to the ozone problem at the proposed new or

modified source location; and

8.2.b 2. Emission offsets forsources of sulfur dioxide (SO ), and totalsuspended particulate (TSP),fine

par 2.5ticulate matter (PM ) should shall be obtained from an existing or shutdown facility, on the same

premises or in the immediate vicinity of the proposed source.

8.3. If such allowance is granted, as provided for in subsection 8.2, the Secretary may increase the ratio

of the required offsets for such source.

8.4. In order to ensure that the emission offsets will provide a positive net air quality benefit, the

Secretary may performthe necessary analysis or require the applicant to submit appropriate modeling results

for review.

8.5. The appropriate modeling referred to in subsection 8.4 is as follows:

8.5.a 2 2.5. For SO andTSP PM , the source’s allowable emissionsshould shall be used in an atmospheric

simulation model to ensure that the emission offsets provide a positive net air quality benefit. It may,

however, be assumed that if the emission offsets are obtained from an existing or shutdown source on the

same premises or in the immediate vicinity of the proposed major stationary source or major modification

and the pollutants disperse from substantially the same effective stack height, the air quality test of

subdivision 4.1.d will be met without the necessity of modeling. Thus, when stack emissions are offset

25
45CSR19

against a ground level source at the same time, modeling would be required.

8.5.b. Atmospheric simulation modeling for ozone impacts is not necessary for volatile organic

compounds and NOX. For such pollutants, meeting the requirements of subdivisions 4.1.c and 8.2.a will be

adequate.

8.5.c X. Proposed sources of VOC or NO locating in a designated nonattainment area for ozone shall

be subject to the provisions of section 4.

8.5.d X. Proposed VOC or NO sources locating within thirty-six (36) hours travel time (under wind

conditions associated with concentrations exceeding the NAAQS for ozone) of a nonattainment monitor are

subject to section 4.

8.6. Credit for an emissions reduction can be claimed to the extent that the Secretary has not relied on

it in issuing any permit under 45CSR14 or 45CSR19 and or the Secretary has not relied on it in a

demonstration of attainment or reasonable further progress.

8.7. The total amount of increased emissions, in tons per year, resulting from a major modification that

must be offset shall be determined by summing the difference between the allowable emissions after the

modification and the actual emissions before the modification for each emissions unit.

§45-19-9. Administrative Procedures for Emission Offset Proposals.

9.1. Emission offsets may be proposed by the applicant for the proposed major stationary source or

major modification, the local community or the Secretary.

9.1.a. The emission offsets committed to must be accomplished by the applicant’s proposed start-up

date, except when such proposed source is a replacement for a source that is being shut down in order to

provide the necessary benefits; in such cases the Secretary may allow up to one hundred eighty (180) days

for shakedown of the new source before the existing source is required to cease operation. Such an

allowance must be requested by the applicant and contained, if granted, within the construction permit.

9.1.b. If the emission reductions which are to be used as offset credit for a proposed major stationary

source or major modification are to be obtained in a State that neighbors West Virginia, or from another

source at another site not controlled by the applicant, the offsets committed to must be embodied in a USEPA

approved State Implementation Plan revision in the neighboring State and must be federally enforceable and

enforceable by both such neighboring State and the Secretary and at all participating sources.

9.2. The applicant may propose emission offsets which involve:

9.2.a. Reductions from sources controlled by the applicant; or

9.2.b. Reductions from neighboring sources not controlled by the applicant.

9.3. A state or local community which desires that a major stationary source or major modification

locate in its area may commit to reducing emissions from existing sources to sufficiently offset the impact

of such proposed source.

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9.4. Any emission offset proposal described in subsection 9.2 must be embodied either in the

applicant’s permit application and permit if such offsets are directly controlled by the applicant or if from

neighboring sources located in the State not controlled by the applicant, in a consent order as provided in W.

Va. Code §22-5-5, which such consent order shall be submitted to the USEPA for inclusion in the State

Implementation Plan.

§45-19-10. [Reserved.]

§45-19-11. [Reserved.]

§45-19-12. Reasonable Further Progress.

12.1. By the time the proposed major source or major modification is to commence operation, sufficient

offsetting emissionsreductionsshall be in effectsuch that the total allowable emissionsfromexisting sources

in the area, from new or modified sources which are not major sources and from the proposed source will

be sufficiently less than total emissions from existing sources prior to the application for the permit to

construct or modify so as to represent, when considered together with the plan provisions required under

section 172 of the act (42 USC 7502), reasonable further progress.

12.2. For the purposes of satisfying the requirements of subsection 12.1:

12.2.a. The determination of total emissions at both the time prior to the application for a permit

subject to the requirements of this chapter and the time the permitted source or modification would

commence operation, shall be made in a manner consistent with the assumptions in the applicable state

implementation plan approved by the administrator Administrator concerning baseline emissions for the

demonstration of reasonable further progress and attainment of the National Ambient Air Quality Standards

for the particular pollutant subject to review under this chapter; and

12.2.b. To demonstrate reasonable further progress a new or modified source subject to review

under this rule shall obtain offsets in an amount equal to or greater than the amount specified by the

applicable offset ratio. If an offset ratio is not specified, the offset ratio shall be at least 1 to 1.

§45-19-13. Source Impact Analysis.

13.1. The applicant for a preconstruction permit shall demonstrate to the satisfaction of the Secretary

that all of the following conditions are met:

13.1.a. The emissions offsets required under subdivision 4.1.c, when considered in conjunction with

the proposed emissions increase, will have a net air quality benefit in the affected area, as required under

subdivision 4.1.d;

13.1.b. The emissionsfromthe proposed new major source or major modification, when considered

in conjunction with the emissions offsets required under section 4, will not contribute to nonattainment in,

or interfere with maintenance by, any other state with respect to any national primary or secondary ambient

air quality standard;

13.1.c. The emissionsfromthe proposed new major source or major modification, when considered

in conjunction with the emissions offsets required under section 4, will not interfere with measures required

27
45CSR19

to be included in the applicable implementation plan for any other state under a program for the prevention

of significant deterioration or for the protection of visibility; and

13.1.d. An analysis of alternative sites, sizes, production processes, and environmental control

techniques for the proposed source demonstrates the benefits of the proposed source significantly outweigh

the environmental and social costs imposed as a result of its location, construction or modification.

§45-19-14. Permit Requirements for Major Stationary Sources and Major Modifications.

14.1. Permit Application.

14.1.a. No person shall cause, suffer, allow, or permit the construction or relocation of any major

stationary source or a major modification to be commenced in any area designated as nonattainment under

§107 of the CAA, without notifying the Secretary of such intent, and obtaining prior to commencement of

construction, modification, or relocation, a permit(s) to so construct, modify or relocate the major stationary

source or major modification.

14.1.b. No person shall cause, suffer, allow or permit the construction or relocation of any major

stationary source or major modification to be commenced anywhere in the state West Virginia, if the

emissions would cause a violation of a NAAQS or would cause a significant impact on air quality in a

designated nonattainment area, without notifying the Secretary of such intent and obtaining, prior to

commencement of construction, modification or relocation, all necessary preconstruction approvals or

permits to so construct, modify or relocate the major stationary source or major modification.

14.2. The owner or operator of the source shall file with the Secretary a timely and complete permit

application containing sufficient information as, in the judgement of the Secretary, will enable the Secretary

to determine whether such source construction, modification or relocation will be in conformance with the

provisions of any rules promulgated by the Secretary and with the requirements of this rule. Such

information may include, but not be limited to:

14.2.a. A description of the nature, location, design capacity and typical operating schedule of the

source or modification, including specifications and drawings showing its design and plant layout;

14.2.b. A detailed schedule for construction of the source or modification;

14.2.c. A detailed description as to whatsystem of continuous emission reduction is planned by the

source or modification, emission estimates, and any other information as necessary to determine that the

requirement for lowest achievable emission rate as applicable would be met;

14.2.d. The air quality impact of the source or modification, including meteorological and

topographical data necessary to estimate such impact; and

14.2.e. A detailed description of any emission offsets proposed by the applicant.

14.3. Each permit application shall be signed by the owner or operator of the major stationary source or

major modification, and such signature shall constitute an agreement that the applicant will assume

responsibility for the construction, modification, or relocation, and operation of the major stationary source

or major modification in accordance with applicable rules and regulations of the Secretary, the permit

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application and any permit issued pursuant to this rule.

14.4. Permit Review.

14.4.a. Within thirty (30) days of the receipt of a permit application for construction or relocation

of a major stationary source or for a major modification, the Secretary shall determine if the application is

complete or if there exists any deficiency in the application or information submitted, and shall notify the

applicant of all such deficiencies, if any. In the event of such a deficiency, the date of receipt of the

application shall be the date on which the Secretary received all required information.

14.4.b. After completing the review of a complete application, the Secretary shall make a

preliminary determination whether a permit should shall be approved, approved with conditions or

disapproved.

14.4.c. After the public participation requirements specified in section 15 have been satisfied, the

Secretary shall notify the applicant in writing of the final determination.

14.5. Permit Issuance or Denial.

14.5.a. Within six (6) months of the receipt of a complete permit application for construction or

relocation of a major stationary source or for a major modification, the Secretary shall issue such a permit

unless the Secretary determines that the proposed major stationary source or major modification has not

satisfied the requirements of this rule, will violate applicable emission standards, will interfere with the

attainment or maintenance of applicable ambient air quality standards, or will be inconsistent with the intent

and purpose of this rule, in which case the Secretary shall issue an order for the prevention of such

construction, modification, or relocation.

14.5.b. If the Secretary denies a permit application for the proposed construction or relocation of

any major stationary source or major modification, the order shall set forth the Secretary’s reasons with

reasonable specificity.

14.6. ReasonableConditions. --The Secretary may impose any reasonable conditions as part of a granted

construction, modification or relocation permit. Such conditions may include, but not be limited to, the

submission of periodic progress or operation reports, the provisions of a suitable sampling site, the

installation of pollutant monitoring devices, and the operation and maintenance of ambient air quality

monitoring stations.

§45-19-15. Public Review Procedures.

15.1. At the time that an application for a construction or modification is filed, the applicant shall also

place a Class I legal advertisement in a newspaper of general circulation in the area where the source is or

will be located. No such permit shall be issued to any applicant until at least thirty (30) days notice has been

provided to the public. The advertisement shall contain at a minimum, the name of the applicant, the type

and location of the source, the type and amount of air pollutants that will be discharged, the nature of the

permit being sought, the proposed start-up date for the source and a contact telephone number for more

information.

15.2. The Secretary shall make available in at least one location in the region in which the proposed

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source would be constructed a copy of all materials the applicant submitted (excluding data entitled to

protection as confidential information under the Code and any rules pursuant thereto), a copy of the

preliminary determination, and a copy or summary of other materials, if any, considered in making the

preliminary determination.

15.3. The Secretary shall place a Class I legal advertisement in a paper of general circulation in the area

where the proposed source would be constructed, modified, or relocated. The advertisement shall contain,

as a minimum, the name of the applicant, the type and location of the source, the proposed start-up date, the

preliminary determination, notification of the opportunity for written public comment, provisions for

requesting a public meeting, details concerning the time and place of such a meeting if one has already been

scheduled, and notification of the opportunity for comment at a public meeting if such meeting is to be

conducted. A public comment period of thirty (30) days shall be provided and so stated in the advertisement.

15.4. The Secretary shall send a copy of the advertisement to the applicant, to USEPA, and to officials

and agencies having cognizance over the location where the proposed construction would occur as follows:

any other State or local air pollution control agencies, the chief executives of the city and county where the

source would be located; any comprehensive regional land use planning agency, any State, and any Federal

Land Manager, whose lands may be affected by emissions from the source or modification.

15.5. Public comments submitted within thirty (30) days after the Secretary’s public notification of an

opportunity for comment upon a proposed construction or relocation of a major stationary source or major

modification and comments submitted within a specified period not to exceed fifteen (15) days after any

public meeting to receive comment on such proposed construction, modification, or relocation shall be

considered by the Secretary before making a final decision on the approvability of the application. The

Secretary shall make copies of all comments available for public inspection in the same locations where the

Secretary made available preconstruction information relating to the proposed source or modification.

15.6. The Secretary shall make a final determination whether construction should shall be approved,

approved with conditions, or disapproved.

15.7. The Secretary shall notify the applicant in writing of the final determination and make a copy of

such notification available for public inspection at the same location where the Secretary made available

preconstruction information and public comments relating to the proposed source or modification.

§45-19-16. Public Meetings.

16.1. Public meetings to receive comments on permit applications shall be held when the Secretary

deems it appropriate or when substantial interest is expressed, in writing, by persons who might reasonably

be expected to be affected by the proposed major source or major modification.

16.2. The Secretary or the Secretary ‘s designee shall preside over such meetings and ensure that all

interested parties have ample opportunity to present comments. Such meetings shall be held at a convenient

place as near as practicable to the location of the proposed major source or major modification.

16.3. At a reasonable time prior to such meetings, the Secretary shall provide appropriate information

to news media in the area where the proposed source or modification is to be located.

§45-19-17. Permit Transfer, Cancellation and Responsibility.

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17.1. Permit Transfer. -- A permittee may petition the Secretary for a transfer of a permit previously

issued under 45CSR19. The Secretary shall approve such permit transfer provided the following conditions

are met:

17.1.a. The permittee, in the petition, describes the reasons for the requested permit transfer and

certifies that the subject source is in compliance with all the provisions and requirements of its permit, and

17.1.b. The transferee provides written acknowledgment that it accepts and will comply with all the

requirements, terms, and conditions as contained in the subject permit.

17.2. Permit Cancellation.

17.2.a. The Secretary shall cancel or suspend a permit if, after eighteen (18) months from the date

of issuance the holder of the permit cannot provide the Secretary, at the Secretary’s request, with written

proof of a good faith effort that such construction, modification or relocation has commenced and remains

ongoing. Such proof shall be provided not later than thirty (30) days after the Secretary’s request.

17.2.b. The Secretary may cancel or suspend the permit if the plans and specifications upon which

the approval was based or the conditions established in the permit are not adhered to. Upon notice of the

Secretary’s intent to suspend, modify or revoke a permit, the permit holder may request a conference with

the Secretary in accordance with the provisions of W.Va. Code §22-5-5 to show cause why the permitshould

shall not be suspended, modified or revoked.

17.3. Responsibility.

17.3.a. Possession of a permit does not relieve any person of the responsibility of complying with

any and all rules of the Secretary or W.Va. Code §22-1-1 et seq. and any other requirements under local,

State or Federal law.

17.3.b. A source which has not operated at least five hundred (500) hours in one 12-month period

within the past previous five-year time period may be considered permanently shutdown, unlesssuch source

can provide to the Secretary, with reasonable specificity, information to the contrary. All permits may be

modified or revoked and/or reapplication or application for new permits may be required for any source

determined to be permanently shutdown.

17.3.c. Any person who owns or operates any particular source or modification which becomes a

major stationary source or major modification solely by virtue of a relaxation in any limitation, enforceable

by the Administrator or the Secretary, on the capacity of the source or modification otherwise to emit a

pollutant (such as a restriction on hours of operation), shall become subject to the requirements of this rule

as though construction had not yet commenced on the source or modification.

17.3.d. Any owner or operator who constructs, modifies or operates a stationary source not in

accordance with the permit application submitted or with the terms of any approval to construct, or any

owner or operator of a stationary source or modification subject to this rule who commences construction

without applying for and receiving permit approval from the Secretary, shall be subject to appropriate

enforcement action in accordance with the W.Va. Code.

17.4. Except as otherwise provided in subdivision 17.4.f, the following specific provisions apply with

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respect to any regulated NSR pollutant emitted fromprojects at existing emissions units at a major stationary

source, other than projects at a source with a PAL, in circumstances where there is a reasonable possibility,

within the meaning of subdivision 17.4.f, that a project that is not a part of a major modification may result

in a significant emissions increase of such pollutant, and the owner or operator elects to use the method

specified in subdivisions 2.59.a through 2.59.c for calculating projected actual emissions:

17.4.a. Before beginning actual construction of the project, the owner or operator shall document

and maintain a record of all of the following:

17.4.a.1. A description of the project;

17.4.a.2. Identification of the emissions unit or units whose emissions of a regulated NSR air

pollutant could be affected by the project; and

17.4.a.3. A description of the applicability test used to determine that the project is not a major

modification for any regulated NSR air pollutant, including the baseline actual emissions, the projected

actual emissions, the amount of emissions excluded under subdivision 2.59.c and an explanation why the

amount was excluded, and any netting calculations, if applicable;

17.4.b. If the emissions unit is an existing electric utility steam generating unit, before beginning

actual construction, the owner or operatorshall provide a copy of the information required under subdivision

17.4.a to the Secretary. Nothing in this subdivision shall be construed to require the owner or operator of

the such a unit to obtain any determination from the department Secretary before beginning actual

construction.

17.4.c. The owner or operatorshallmonitor the emissions of any regulated NSR pollutant that could

increase as a result of the project and that is emitted by any emissions unit identified in subdivision 17.4.b. 

The owner or operator shall calculate and maintain a record of the annual emissions, in tons per year on a

calendar year basis, for a period of 5 years following resumption of regular operations after the change, or

for a period of 10 years following resumption of regular operations after the change if the project increases

the design capacity or potential to emit of that regulated NSR pollutant at such emissions unit.

17.4.d. If the emissions unit is an existing electric utility steam generating unit, the owner or

operator shallsubmit a report to the Secretary within 60 days after the end of each year during which records

must be generated under subdivision 17.4.c setting out the unit’s annual emissions during the calendar year

that preceded submission of the report.

17.4.e. If the emissions unit is an existing unit other than an electric utility steam generating unit,

the owner or operator shall submit a report to the department Secretary if the annual emissions, in tons per

year, from the project identified in subdivision 17.4.a, exceed the baseline actual emissions, as documented

and maintained pursuant to subdivision 17.4.c, by a significant amount for that regulated NSR air pollutant,

and if the emissions differ fromthe preconstruction projection that was provided to the department Secretary

pursuant to subdivision 17.4.b. The report shall be submitted to the Secretary within 60 days after the end

of the year. The report shall contain the following information:

17.4.e.1. The name, address and telephone number of the major stationary source;

17.4.e.2. The annual emissions as calculated pursuant to paragraph 17.4.a.3; and

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17.4.e.3. Any other information that the owner or operator wishes to include in the report, e.g., an

explanation as to why the emissions differ from the preconstruction projection.

17.4.f. A “reasonable possibility” under subsection 17.4 occurs when the owner or operator

calculates the project to result in either:

17.4.f.1. A projected actual emissions increase of at least 50 percent of the amount that is a

“significant emissions increase,” as defined under subsection 2.67 (without reference to the amount that is

a significant net emissions increase), for the regulated NSR pollutant; or

17.4.f.2. A projected actual emissions increase that, added to the amount of emissions excluded

under subdivision 2.59.c, sums to at least 50 percent of the amount that is a “significant emissions increase,”

as defined under subsection 2.67 (without reference to the amount that is a significant net emissions

increase), for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only

within the meaning of this paragraph, and not also within the meaning of paragraph 17.4.f.1, then provisions

under subdivisions 17.4.b through 17.4.e do not apply to the project.

17.5. The owner or operator of the source shall make the information required to be documented and

maintained pursuant to subsection 17.4 available for review upon request for inspection by the Secretary or

the public.

17.6. The requirements of this rule applicable to major stationary sources and major modifications of

volatile organic compoundsshall apply to nitrogen oxides emissionsfrommajor stationary sources andmajor

modifications of nitrogen oxides in an ozone transport region or in any ozone nonattainment area, except in

ozone nonattainment areas or in portions of an ozone transport region where the Administrator has granted

a NOX waiver applying the standards set forth under section 182(f) of the CAA and the waiver continues to

apply.

17.7. Emission Offset Ratios.

17.7.a. In meeting the emissions offset requirements of subsection 7.1, the ratio of total actual

emissions reductions to the emissions increase shall be at least 1:1 unless an alternative ratio is provided for

the applicable nonattainment area in subdivisions 17.7.b through 17.7.d.

17.7.b. In meeting the emissions offsetrequirements of subsection 7.1 for ozone nonattainment areas

that are subject to Title I, Part D, Subpart 2 of the CAA, the ratio of total actual emissionsreductions of VOC

to the emissions increase of VOC shall be as follows:

17.7.b.1. In any marginal nonattainment area for ozone -- at least 1.1:1;

17.7.b.2. In any moderate nonattainment area for ozone -- at least 1.15:1;

17.7.b.3. In any serious nonattainment area for ozone -- at least 1.2:1;

17.7.b.4. In any severe nonattainment area for ozone -- at least 1.3:1 (except that the ratio may be

at least 1.2:1 if the approved plan also requires all existing major sources in such nonattainment area to use

BACT for the control of VOC); and

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17.7.b.5. In any extreme nonattainment area for ozone -- at least 1.5:1 (except that the ratio may

be at least 1.2:1 if the approved plan also requires all existing major sources in such nonattainment area to

use BACT for the control of VOC); and

17.7.c. Notwithstanding the requirements of subdivision 17.7.b for meeting the requirements of

subsection 7.1, the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall

be at least 1.15:1 for all areas within an ozone transport region that is subject to Title I, Part D, Subpart 2 of

the CAA, except for serious, severe, and extreme ozone nonattainment areas that are subject to Title I, Part

D, Subpart 2 of the CAA.

17.7.d. In meetingthe emissions offset requirements of subsection 7.1 for ozone nonattainment areas

that are subject to Title I, Part D, Subpart 1 of the CAA (but are not subject to Title I, Part D, Subpart 2 of

the CAA, including 8-hour ozone nonattainment areassubject to 40 CFR 51.902(b)), the ratio of total actual

emissions reductions of VOC to the emissions increase of VOC shall be at least 1:1.

17.8. The requirements of this rule applicable to major stationary sources and major modifications of

PM10 10shall also apply to major stationary sources and major modifications of PM precursors, except where

10

the Administrator determines that such sources do not contribute significantly to PM levels that exceed the

PM10 ambient standards in the area.

17.9. In meeting the emissions offset requirements of section 7, the emissions offsets obtained shall be

for the same regulated NSR pollutant unless interprecursor offsetting is permitted for a particular pollutant

as 2.5specified in this subsection. The offset requirements in section 7 for direct PM emissions or emissions

of precur 2.5 2.5sors of PM may be satisfied by offsetting reductionsin direct PM emissions or emissions of any

PM2.5 precursor identified under subdivision 2.61.c if such offsets comply with the following interprecursor

trading ratios:

17.9 X 2.5 X 2.5.a. NO to primary PM -- 200 tons of NO for 1 ton of PM ; and 

17.9 2 2.5 2 2.5.b. SO to primary PM -- 40 tons of SO for 1 ton of PM .

§45-19-18. Disposition of Permits.

18.1. In the event that the Secretary promulgates revisions to this rule, or in the event of a redesignation

of an attainment or non-attainment area (in accordance with section §107 of the CAA) prior to final

disposition of a permit, the Secretary shall make final disposition of the permit application in accordance

with such newly promulgated standards or redesignation.

§45-19-19. Requirements for Air Quality Models.

19.1. All estimates of ambient concentrations required under this rule shall be based on the applicable

air quality models, data bases, and other requirements specified in 40 CFR Part 51, Appendix W (Guideline

on Air Quality Models).

19.2. Where an air quality impact model specified in 40 CFR Part 51, Appendix W (Guideline on Air

Quality Models)isinappropriate, themodel may be modified or another model substituted, provided that said

modification or substitution is approved in writing by the Administrator.

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§45-19-20. [Reserved.]

§45-19-21. [Reserved.]

§45-19-22. [Reserved.]

§45-19-23. Actuals PAL.

23.1. Applicability.

23.1.a. The Secretary may approve the use of an actuals PAL for any existing major stationary

source, except as provided in subdivision 23.1.b, if the PAL meets the requirements in subsections 23.1

through 23.15. The term “PAL” shall mean “actuals PAL” throughout section 23.

23.1 X.b. The Secretary shall not allow an actuals PAL for VOC or NO for any major stationary

source located in an extreme ozone nonattainment area.

23.1.c. Any physical change in or change in the method of operation of a major stationary source

that maintains its total source-wide emissions below the PAL level, meets the requirements in subsections

23.1 through 23.15, and complies with the PAL permit:

23.1.c.1. Is not a major modification for the PAL pollutant;

23.1.c.2. Does not have to be approved through the plan’s nonattainmentmajor NSR program; and

23.1.c.3. Is notsubject to the provisions in subdivision 17.3.c (restrictions on relaxing enforceable

emission limitations that the major stationary source used to avoid applicability of the nonattainment major

NSR program).

23.1.d. Except as provided under paragraph 23.1.c.3, a major stationary source shall continue to

comply with all applicable Federal or State requirements, emission limitations, and work practice

requirements that were established prior to the effective date of the PAL.

23.2. Definitions. Allowable emissions. -- For purposes of section 23, the term

23.2.a. Allowable “allowable emissions” means “allowable emissions” as defined in subsection 2.4,

except as this definition is modified according to paragraphs 23.2.a.1 subdivisions 23.2.a through 23.2.a.2

23.2.b.

23.2.a.1. 23.2.a. The allowable emissionsfor any emissions unit shall be calculated considering

any emission limitations that are enforceable as a practical matter on the emissions unit’s potential to emit.

23.2.a.2. 23.2.b. An emissions unit’s potential to emit shall be determined using the definition

in subsection 2.55, except that the words “or enforceable as a practical matter” should shall be added after

“federally enforceable.”

23.3. Permit application requirements. -- As part of a permit application submitted pursuant to 45CSR13

requesting a PAL, the owner or operator of a major stationary source shall submit the following information

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to the Secretary for approval:

23.3.a. A list of all emissions units at the source designated as small, significant or major based on

their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, Federal

or State applicable requirements, emission limitations or work practices apply to each unit.

23.3.b. Calculations of the baseline actual emissions, with supporting documentation. Baseline

actual emissions are to include emissions associated not only with operation of the unit, but also emissions

associated with startup, shutdown and malfunction.

23.3.c. The calculation procedures that the major stationary source owner or operator proposes to

use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month

rolling total for each month as required by subdivision 23.11.a.

23.4. General requirements for establishing PALs.

23.4.a. The Secretary may establish a PAL at a major stationary source, provided that at a minimum,

the requirements in paragraphs 23.4.a.1 through 23.4.a.7 are met.

23.4.a.1. The PAL shall impose an annual emission limitation in tons per year, that is enforceable

as a practical matter, for the entire major stationary source. For each month during the PAL effective period

after the first 12 months of establishing a PAL, the major stationary source owner or operator shall show that

the sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive

months is less than the PAL (a 12-month average, rolled monthly). For each month during the first 11

months from the PAL effective date, the major stationary source owner or operator shall show that the sum

of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is

less than the PAL.

23.4.a.2. The PAL shall be established in a PAL permit that meets the public participation

requirements in subsection 23.5.

23.4.a.3. The PAL permit shall contain all the requirements of subsection 23.7.

23.4.a.4. The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions

units that emit or have the potential to emit the PAL pollutant at the major stationary source.

23.4.a.5. Each PAL shall regulate emissions of only one pollutant.

23.4.a.6. Each PAL shall have a PAL effective period of 10 years.

23.4.a.7. The owner or operator of the major stationary source with a PAL shall comply with the

monitoring, recordkeeping, and reporting requirements provided in subsections 23.12 through 23.14 for each

emissions unit under the PAL through the PAL effective period.

23.4.b. At no time (during or after the PAL effective period) are emissions reductions of a PAL

pollutant, which occur during the PAL effective period, creditable as decreases for purposes of offsets under

subsections 7.2 through 7.6, 8.1 through 8.2 and 8.6 through 8.9 unless the level of the PAL is reduced by

the amount of such emissions reductions and such reductions would be creditable in the absence of the PAL.

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23.5. Public participation requirement for PALs. -- PALs for existing major stationary sources shall be

established, renewed, or increased through a procedure that is consistent with 40 CFR §§ 51.160 and 51.161. 

The Secretary shall provide the public with notice of the proposed approval of a PAL permit and at least a

30-day period for submittal of public comment. The Secretary must address all material comments before

taking final action on the permit.

23.6. Setting the 10-year actuals PAL level.

23.6.a. Except as provided in subdivision 23.6.b, the actuals PAL level for a major stationary source

shall be established as the sum of the baseline actual emissions (as defined in subsection 2.52. 2.53) of the

PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level

for the PAL pollutant under subsection 2.66 or under the CAA, whichever is lower. When establishing the

actuals PAL level, for a PAL pollutant, only one consecutive 24-month period must be used to determine the

baseline actual emissionsfor all existing emissions units. However, a different consecutive 24-month period

may be used for each different PAL pollutant. Emissions associated with units that were permanently

shutdown after this 24-month period must be subtracted from the PAL level. Emissionsfrom units on which

actual construction began after the 24-month period must be added to the PAL level in an amount equal to

the potential to emit of the units. The Secretary shall specify a reduced PAL level(s) (in tons/yr) in the PAL

permit to become effective on the future compliance date(s) of any applicable Federal or State regulatory

requirement(s) that the Secretary is aware of prior to issuance of the PAL permit. For instance, if the source

owner or operator will be required to reduce emissionsfromindustrial boilersin half frombaseline emissions

of 60 ppm NOX NOXto a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level

that is equal to the current PAL level reduced by half of the original baseline emissions of such unit(s).

23.6.b. For newly constructed units(which do not include modifications to existing units) on which

actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as

specified in subdivision 23.6.a, the emissions must be added to the PAL level in an amount equal to the

potential to emit of the units.

23.7. Contents of the PAL permit. -- The PAL permit shall contain, at a minimum, the information in

subdivisions 23.7.a through 23.7.j.

23.7.a. The PAL pollutant and the applicable source-wide emission limitation in tons per year.

23.7.b. The PAL permit effective date and the expiration date of the PAL (PAL effective period).

23.7.c. Specification in the PAL permit that if a major stationary source owner or operator applies

to renew a PAL in accordance with subsection 23.10 before the end of the PAL effective period, then the

PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL

permit is issued by the Secretary.

23.7.d. A requirement that emission calculations for compliance purposes include emissions from

startups, shutdowns and malfunctions.

23.7.e. A requirement that, once the PAL expires, the major stationary source is subject to the

requirements of subsection 23.9.

23.7.f. The calculation procedures that the major stationary source owner or operator shall use to

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convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling

total for each month as required by subdivision 23.13.a.

23.7.g. A requirement that themajor stationary source owner or operator monitor all emissions units

in accordance with the provisions under subsection 23.12.

23.7.h. A requirement to retain the records required under subsection 23.3 on site. Such records may

be retained in an electronic format.

23.7.i. A requirement to submit the reports required under subsection 23.14 by the required

deadlines.

23.7.j. Any other requirements that the Secretary deems necessary to implement and enforce the

PAL.

23.8. PAL effective period and reopening of the PAL permit.

23.8.a. PAL effective period. -- The Secretary shall specify a PAL effective period of 10 years.

23.8.b. Reopening of the PAL permit.

23.8.b.1. During the PAL effective period, the Secretary shall reopen the PAL permit to:

23.8.b.1.A. Correct typographical or calculation errors made in setting the PAL or reflect a

more accurate determination of emissions used to establish the PAL.

23.8.b.1.B. Reduce the PAL if the owner or operator of the major stationary source creates

creditable emissions reductions for use as offsets under subsections 7.2 through 7.6, 8.1 through 8.2 and 8.6

through 8.9.

23.8.b.1.C. Revise the PAL to reflect an increase in the PAL as provided under subsection

23.11.

23.8.b.2. The Secretary may reopen the PAL permit for the following:

23.8.b.2.A. Reduce the PAL to reflect newly applicable Federal requirements (for example,

NSPS) with compliance dates after the PAL effective date.

23.8.b.2.B. Reduce the PAL consistent with any other requirement, that is enforceable as a

practical matter, and that the State Secretary may impose on the major stationary source under the plan.

23.8.b.2.C. Reduce the PAL if the Secretary determines that a reduction is necessary to avoid

causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality

related value that has been identified for a Federal Class I area by a Federal Land Manager and for which

information is available to the general public.

23.8.b.3. Except for the permit reopening in subparagraph 23.8.b.1.A for the correction of

typographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried out

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in accordance with the public participation requirements of subsection 23.5.

23.9. Expiration of a PAL. -- Any PAL which is not renewed in accordance with the procedures in

subsection 23.10 shall expire at the end of the PAL effective period, and the requirements in subdivision

23.9.a through 23.9.e shall apply.

23.9.a. Each emissions unit (or each group of emissions units) that existed under the PAL shall

comply with an allowable emission limitation under a revised permit established according to the procedures

in paragraphs 23.9.a.1 through 23.9.a.2.

23.9.a.1. Within the time frame specified for PAL renewals in subdivision 23.10.b, the major

stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each

group of emissions units, if such a distribution is more appropriate as decided by the Secretary) by

distributing the PAL allowable emissions for the major stationary source among each of the emissions units

that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became

effective during the PAL effective period, as required under subdivision 23.10.e, such distribution shall be

made as if the PAL had been adjusted.

23.9.a.2. The Secretary shall decide whether and how the PAL allowable emissions will be

distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group

of emissions units, as the Secretary determines is appropriate.

23.9.b. Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month

rolling basis. The Secretary may approve the use of monitoring systems (source testing, emission factors,

etc.) other than CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission

limitation.

23.9.c. Until the Secretary issues the revised permit incorporating allowable limits for each

emissions unit, or each group of emissions units, as required under paragraph 23.9.a.1, the source shall

continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission

limitation.

23.9.d. Any physical change or change in the method of operation at themajor stationary source will

be subject to the nonattainment major NSR requirements if such change meets the definition of major

modification in subdivision 2.33.

23.9.e. The major stationary source owner or operator shall continue to comply with any State or

Federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL

effective period or prior to the PAL effective period except for those emission limitations that had been

established pursuant to subdivision 17.3.c, but were eliminated by the PAL in accordance with the provisions

in paragraph 23.1.c.3.

23.10. Renewal of a PAL.

23.10.a. The Secretary shall follow the procedures specified in subsection 23.5 in approving any

request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a

written rationale for the proposed PAL level to the public for review and comment. During such public

review, any person may propose a PAL level for the source for consideration by the Secretary.

39
45CSR19

23.10.b. Application deadline. -- The owner or operator of a major stationary source shall submit a

timely application to the Secretary to request renewal of a PAL. A timely application is one that issubmitted

at least 6 months prior to, but not earlier than 18 months from, the date of permit expiration. This deadline

for application submittal is to ensure that the permit will not expire before the permit is renewed. If the

owner or operator of a major stationary source submits a complete application to renew the PAL within this

time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is

issued.

23.10.c. Application requirements. -- The application to renew a PAL permit shall contain the

information required in paragraphs 23.10.c.1 through 23.10.c.4.

23.10.c.1. The information required in subdivisions 23.3.a through 23.3.c.

23.10.c.2. A proposed PAL level.

23.10.c.3. The sum of the potential to emit of all emissions units under the PAL (with supporting

documentation).

23.10.c.4. Any other information the owner or operator wishes the Secretary to consider in

determining the appropriate level for renewing the PAL.

23.10.d. PAL adjustment. -- In determining whether and how to adjust the PAL, the Secretary shall

consider the options outlined in paragraphs 23.10.d.1 and 23.10.d.2. However, in no case may any such

adjustment fail to comply with paragraph 23.10.d.3.

23.10.d.1. If the emissions level calculated in accordance with subsection 23.6 is equal to or

greater than 80 percent of the PAL level, the Secretary may renew the PAL at the same level without

considering the factors set forth in paragraph 23.10.d.2.; or 

23.10.d.2. The Secretary may set the PAL at a level that it determines to be more representative

of the source’s baseline actual emissions, or that it determines to be appropriate considering air quality needs,

advances in control technology, anticipated economic growth in the area, desire to reward or encourage the

source’s voluntary emissions reductions, or other factors as specifically identified by the Secretary in its

written rationale.

23.10.d.3. Notwithstanding paragraphs 23.10.d.1 and 23.10.d.2,

23.10.d.3.A. If the potential to emit of the major stationary source is less than the PAL, the

Secretary shall adjust the PAL to a level no greater than the potential to emit of the source; and

23.10.d.3.B. The Secretary shall not approve a renewed PAL level higherthan the current PAL,

unless the major stationary source has complied with the provisions of subsection 23.11 (increasing a PAL).

23.10.e. If the compliance date for a State or Federal requirement that applies to the PAL source

occurs during the PAL effective period, and if the Secretary has not already adjusted for such requirement,

the PAL shall be adjusted at the time of PAL permit renewal or title V permit renewal, whichever occurs

first.

40
45CSR19

23.11. Increasing a PAL during the PAL effective period.

23.11.a. The Secretary may increase a PAL emission limitation only if the major stationary source

complies with the provisions in paragraphs 23.11.a.1 through 23.11.a.4.

23.11.a.1. The owner or operator of the major stationary source shall submit a complete

application to request an increase in the PAL limit for a PAL major modification. Such application shall

identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary

source’s emissions to equal or exceed its PAL.

23.11.a.2. As part of this application, the major stationary source owner or operator shall

demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the

baseline actual emissions of the significant and major emissions units assuming application of BACT

equivalent controls, plus the sum of the allowable emissions of the new or modified emissions unit(s)

exceeds the PAL. The level of control that would result from BACT equivalent controls on each significant

or major emissions unit shall be determined by conducting a new BACT analysis at the time the application

is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement

that was established within the preceding 10 years. In such a case, the assumed control level for that

emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently

comply.

23.11.a.3. The owner or operator obtains a major NSR permit for all emissions unit(s) identified

in paragraph 23.11.a.1, regardless of the magnitude of the emissions increase resulting from them (that is,

no significant levels apply). These emissions unit(s)shall comply with any emissionsrequirements resulting

from the nonattainment major NSR program process (for example, LAER), even though they have also

become subject to the PAL or continue to be subject to the PAL.

23.11.a.4. The PAL permit shall require that the increased PAL level shall be effective on the

day any emissions unit that is part of the PAL major modification becomes operational and begins to emit

the PAL pollutant.

23.11.b. The Secretary shall calculate the new PAL as the sum of the allowable emissions for each

modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major

emissions units (assuming application of BACT equivalent controls as determined in accordance with

paragraph 23.11.a.2), plus the sum of the baseline actual emissions of the small emissions units.

23.11.c. The PAL permit shall be revised to reflect the increased PAL level pursuant to the public

notice requirements of subsection 23.5.

23.12. Monitoring requirements for PALs.

23.12.a. General requirements.

23.12.a.1. Each PAL permit must contain enforceable requirements for the monitoring system

that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any

monitoring system authorized for use in the PAL permit must be based on sound science and meet generally

acceptable scientific procedures for data quality and manipulation. Additionally, the information generated

by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce

41
45CSR19

the PAL permit.

23.12.a.2. The PAL monitoring system must employ one or more of the four general monitoring

approaches meeting the minimumrequirements set forth in paragraphs 23.12.b.1 through 23.12.b.4 and must

be approved by the Secretary.

23.12.a.3. Notwithstanding paragraph 23.12.a.2, you may also employ an alternative monitoring

approach that meets paragraph 23.12.a.1 if approved by the Secretary.

23.12.a.4. Failure to use a monitoring systemthat meets the requirements of this rule rendersthe

PAL invalid.

23.12.b. Minimum Performance Requirements for Approved Monitoring Approaches. -- The

following are acceptable general monitoring approaches when conducted in accordance with the minimum

requirements in subdivisions 23.12.c through 23.12.i:

23.12.b.1. Mass balance calculations for activities using coatings or solvents;

23.12.b.2. CEMS;

23.12.b.3. CPMS or PEMS; and 

23.12.b.4. Emission Factors.

23.12.c. Mass Balance Calculations. -- An owner or operator using mass balance calculations to

monitor PAL pollutant emissions from activities using coating or solvents shall meet the following

requirements:

23.12.c.1. Provide a demonstrated means of validating the published content of the PAL

pollutant that is contained in or created by all materials used in or at the emissions unit;

23.12.c.2. Assume that the emissions unit emits all of the PAL pollutant that is contained in or

created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for

in the process; and

23.12.c.3. Where the vendor of a material or fuel, which is used in or at the emissions unit,

publishes a range of pollutant content from such material, the owner or operator must use the highest value

of the range to calculate the PAL pollutant emissions unless the Secretary determines there is site-specific

data or a site-specific monitoring program to support another content within the range.

23.12.d. CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet

the following requirements:

23.12.d.1. CEMSmust complywith applicable Performance Specifications found in 40 CFRPart

60, appendix B; and

23.12.d.2. CEMS must sample, analyze and record data at least every 15 minutes while the

emissions unit is operating.

42
45CSR19

23.12.e. CPMS or PEMS. -- An owner or operator using CPMS or PEMS to monitor PAL pollutant

emissions shall meet the following requirements:

23.12.e.1. The CPMS or the PEMS must be based on current site-specific data demonstrating

a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of

operation of the emissions unit; and

23.12.e.2. Each CPMS or PEMS mustsample, analyze, and record data at least every 15 minutes,

or at another less frequent interval approved by the Secretary while the emissions unit is operating.

23.12.f. Emission factors. -- An owner or operator using emission factors to monitor PAL pollutant

emissions shall meet the following requirements:

23.12.f.1. All emission factors shall be adjusted, if appropriate, to account for the degree of

uncertainty or limitations in the factors’ development;

23.12.f.2. The emissions unit shall operate within the designated range of use for the emission

factor, if applicable; and

23.12.f.3. If technically practicable, the owner or operator of a significant emissions unit that

relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to

determine a site-specific emission factor within 6 months of PAL permit issuance, unless the Secretary

determines that testing is not required.

23.12.g. A source owner or operator must record and report maximum potential emissions without

considering enforceable emission limitations or operational restrictions for an emissions unit during any

period of time that there is no monitoring data, unless another method for determining emissions during such

periods is specified in the PAL permit.

23.12.h. Notwithstanding the requirements in subdivisions 23.12.c through 23.12.g, where an owner

or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and

the PAL pollutant emissions rate at all operating points of the emissions unit, the Secretary shall, at the time

of permit issuance:

23.12.h.1. Establish default value(s) for determining compliance with the PAL based on the

highest potential emissions reasonably estimated at such operating point(s); or

23.12.h.2. Determine that operation of the emissions unit during operatingconditionswhen there

is no correlation between monitored parameter(s) and the PAL pollutant emissionsis a violation of the PAL.

23.12.i. Re-validation. -- All data used to establish the PAL pollutant must be re-validated through

performance testing or other scientifically valid means approved by the Secretary. Such testing must occur

at least once every 5 years after issuance of the PAL.

23.13. Recordkeeping requirements.

23.13.a. The PAL permit shall require an owner or operator to retain a copy of all records necessary

to determine compliance with any requirement of section 23 and of the PAL, including a determination of

43
45CSR19

each emissions unit’s 12-month rolling total emissions, for 5 years from the date of such record.

23.13.b. The PAL permitshall require an owner or operator to retain a copy of the following records

for the duration of the PAL effective period plus 5 years:

23.13.b.1. A copy of the PAL permit application and any applications for revisions to the PAL;

and

23.13.b.2. Each annual certification of compliance pursuant to title V 45CSR30 and the data

relied on in certifying the compliance.

23.14. Reporting and notification requirements. -- The owner or operator shall submit semi-annual

monitoring reports and prompt deviation reports to the Secretary in accordance with the applicable title V

operating permit program45CSR30. The reportsshall meet the requirements in subdivisions 23.14.a through

23.14.c.

23.14.a. Semi-Annual Report. -- The semi-annual report shall be submitted to the Secretary within

30 days of the end of each reporting period. Thisreport shall contain the information required in paragraphs

23.14.a.1 through 23.14.a.7.

23.14.a.1. The identification of owner and operator and the permit number.

23.14.a.2. Total annual emissions (tons/year) based on a 12-month rolling total for each month

in the reporting period recorded pursuant to subdivision 23.13.a.

23.14.a.3. All data relied upon, including, but not limited to, any Quality Assurance or Quality

Control data, in calculating the monthly and annual PAL pollutant emissions.

23.14.a.4. A list of any emissions units modified or added to the major stationary source during

the preceding 6-month period.

23.14.a.5. The number, duration, and cause of any deviations or monitoring malfunctions, other

than the time associated with zero and span calibration checks, and any corrective action taken.

23.14.a.6. A notification of a shutdown of any monitoring system, whether the shutdown was

permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will

be fully operational or replaced with another monitoring system, and whether the emissions unit monitored

by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the

number determined by method included in the permit, as provided by subdivision 23.12.g.

23.14.a.7. A signed statement by the responsible official (as defined by the applicable title V

operating permit program 45CSR30) certifying the truth, accuracy, and completeness of the information

provided in the report.

23.14.b. Deviation report. -- The major stationary source owner or operator shall promptly submit

reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring

is available. A report submitted pursuant to 45CSR30-5.1.c.3 shall satisfy this reporting requirement. The

deviation reports shall be submitted within the time limits prescribed by 45CSR30-5.1.c.3. The reports shall

44
45CSR19

contain the following information:

23.14.b.1. The identification of owner and operator and the permit number;

23.14.b.2. The PAL requirement that experienced the deviation or that was exceeded;

23.14.b.3. Emissions resulting from the deviation or the exceedance; and

23.14.b.4. A signed statement by the responsible official (as defined by 45CSR30) certifying the

truth, accuracy, and completeness of the information provided in the report.

23.14.c. Re-validation results. -- The owner or operator shall submit to the Secretary the results of

any re-validation test or method within 3 months after completion of such test or method.

23.15. Transition requirements.

23.15.a. The Secretary shall not issue a PAL that does not comply with the requirements in

subsections 23.1 through 23.15 after the Administrator has approved regulations rules incorporating these

requirements into the WV West Virginia State Implementation Plan (SIP).

23.15.b. The Secretary may supersede any PAL which was established prior to the date of approval

of this rule by the Administrator with a PAL that complies with the requirements of subsections 23.1 through

23.15.

§45-19-24. Conflict with Other Permitting Rules.

24.1. For sources required to obtain a permit under this rule, the provisions of 45CSR13 and 45CSR14

requiring a permit do not apply, so that only a single preconstruction permit is required; provided however,

that:

24.1.a. The base permit application fee of $1,000 pursuant to 45CSR22, subdivision 3.4.a shall

apply to such sources in addition to other applicable fees; and

24.1.b. Any permit issued under this rule includes conditions that ensure compliance with the

provisions of 45CSR13 and 45CSR19 to the extent applicable to any regulated NSR pollutant not otherwise

covered under this rule.

24.2. For sources that may be subject to 45CSR13, 45CSR14 and/or 45CSR19, the more stringent

provisions of each applicable rule shall apply.

§45-19-25. Inconsistency Between Rules.

25.1. In the event of any inconsistency between this rule and any other rule of the West Virginia

Department of Environmental Protection, such inconsistency shall be resolved by the determination of the

Secretary and such determination shall be based upon the application of the more stringent provision, term,

condition, method or rule.

45
DEPARTMENT OF ENVIRONMENTAL PROTECTION

DIVISION OF AIR QUALITY

BRIEFING DOCUMENT

Rule Title: 45CSR19 - “Permits for Construction and Major Modification of Major

Stationary Sources of Air Pollution Which Cause or Contribute to

Nonattainment”

A. AUTHORITY: W.Va. Code §22-5-4

B. SUMMARY OF RULE:

This rule establishes and adopts a preconstruction permit program to satisfy the

requirements of §§110(a)(2)(D)(i), 172(c)(5) and 173 of the Clean Air Act (CAA), and the

permit requirements of 40 CFR §51.165 for any area designated nonattainment for any

national ambient air quality standard under 40 CFR Part 81, Subpart C. 45CSR19 is part of

the State Implementation Plan and sets forth the criteria and procedures for major stationary

sources to obtain a permit to construct, operate and/or modify a major source located in a

nonattainment area or impacting a nonattainment area.

C. STATEMENT OF CIRCUMSTANCES WHICH REQUIRE RULE:

As required by 40 CFR Part 51, Subpart I - “Review of New Sources and

Modifications,” this rule adopts criteria and procedures, consistent with the governing federal

regulation at 40 CFR §51.165, for permitting construction of major new or modified sources

locating in areas with air quality worse than the levels set to protect the public health and

welfare, or that might impact those areas, while ensuring that the source’s emissions will be

controlled to the greatest degree possible, and that there will be progress toward achievement

of National Ambient Air Quality Standards. Promulgation of this rule by the Legislature is

necessary for the State to fulfill its responsibilities under 40 CFR Part 51 and the CAA, as

amended.

Revisions to the rule include a revised title that has been slightly revised for clarity.

A revised Scope section provides additional citings to the federal counterpart and pertinent

sections of the Clean Air Act. Subsection 1.6 has been revised to correct the rule title. To

include new Significant Impact Levels promulgated by EPA, the definition of “significant

impact” has been revised to comport to the federal counterpart. Under this definition, the

significant impact level for TSP has been deleted, and a new significant impact level for

PM2.5 has been added. A new definition of “PM2.5” has been added. References to total
Briefing Document

45CSR19

Page 2

suspended solids (TSP) have been struck from the rule language. The definition of

“reviewing authority” has been struck, as it serves no purpose in the rule. The definition of

“stationary source” has been corrected to comport to the federal counterpart. A table of

significance levels under subdivision 3.3.a have been added to replace the deleted table in

the 2010 version of the rule, and to comport with the federal counterpart. Subsection 23.2

has been restructured in format. The rule includes clarified language regarding EPA’s stay

of the Fugitive Emissions Rule, which stays the requirement that fugitive emissions be

included in determining whether a physical or operational change resulted in a major

modification. Other minor revisions ensure consistency with federal counterpart language

to date, clarify language for the purpose of consistency, and some are of stylistic nature. The

DAQ will submit final rule 45CSR19 as a revision to the State Implementation Plan.

D. FEDERAL COUNTERPART REGULATIONS - INCORPORATION BY

REFERENCE/DETERMINATION OF STRINGENCY:

A federal counterpart to this proposed rule exists. Because proposed revisions make

the rule conform to the federal counterpart rule, no determination of stringency is required.

E. CONSTITUTIONAL TAKINGS DETERMINATION:

In accordance with W.Va. Code §§22-1A-1 and 3(c), the Secretary has determined

that this rule will not result in taking of private property within the meaning of the

Constitutions of West Virginia and the United States of America.

F. CONSULTATION WITH THE ENVIRONMENTAL PROTECTION

ADVISORY COUNCIL:

At its June 2, 2011 meeting, the Environmental Protection Advisory Council

reviewed and discussed this proposed rule. (See attached minutes for Council’s discussion).
Public Notice 

2012 Proposed Rules 

The West Virginia Division of Air Quality has scheduled a public hearing on July 11, 2011 for 

its 2012 proposed legislative rules, which will take place at the Division of Environmental 

Protection’s Charleston headquarters, 601 57th Street S.E., Charleston, WV 25304. Oral and 

written comments will be limited to the proposed revisions and will be made a part of the 

rulemaking record. Copies of the rules are available from the Secretary of State’s office or from 

the DEP at http://www.dep.wv.gov/pio/Pages/Rules.aspx. You may also obtain hard copies of the 

information by calling the phone number listed below. 

Written comments may be submitted to the Public Information Office at the above address. 

Comments may also be e-mailed to dep.comments@wv.gov. The hearing dates, locations and 

comment deadlines are as follows: 

Division of Air Quality 

45CSR8 – Ambient Air Quality Standards 

45CSR14 – Permits for Construction and Major Modification of Major Stationary Sources of Air 

Pollution for the Prevention of Significant Deterioration 

45CSR16 – Standards of Performance for New Stationary Sources 

45CSR18 - Control of Air Pollution from Combustion of Solid Waste 

45CSR19 – Permits for Construction and Major Modification of Major Stationary Sources of Air 

Pollution Which Cause or Contribute to Nonattainment 

45CSR25 – Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal 

Facilities 

45CSR30 – Requirements for Operating Permits 

45CSR34 – Emission Standards for Hazardous Air Pollutants 

45CSR35 – Requirements for Determining Conformity of General Federal Actions to Applicable 

Air Quality Implementation Plans (General Conformity) 

45CSR42 – Greenhouse Gas Emissions Inventory Program 

The public hearing for all air quality rules will take place beginning at 6 p.m. on July 11, 2011 in 

the Dolly Sods Conference Room. The comment period will begin on June 10, 2011 and end at 

the conclusion of the public hearing on July 11, 2011. Upon authorization and promulgation of 

revisions to 45CSR8, 45CSR14, 45CSR19 and 45CSR35, the DAQ will submit the rules to the 

U.S. Environmental Protection Agency as revisions to the State Implementation Plan pursuant to 

the federal Clean Air Act. Upon authorization and promulgation of revisions to 45CSR18, the 

DAQ will submit the final rule to the U.S. EPA for approval as a part of West Virginia’s Section 

111(d)/129 Plan and program delegation of the federal New Source Performance Standards. 

Rules 45CSR16, 45CSR25 and 45CSR34 will be submitted to EPA to fulfill other federal 

obligations under the Clean Air Act, including delegations, plans and program approvals. Upon 

authorization and promulgation of 45CSR30, the rule will be submitted to the U.S. 

Environmental Protection Agency as a revision to the State’s Operating Permit Program under 

Title V of the federal Clean Air Act. Rule 45CSR42 is proposed to be repealed. 

For more information on any of the DAQ rules call 304-926-0475.
*i@ s'e~. UNITED STAESENVRONMENTAL RMTSTION M€NCY 

3 

2. n ;, REGION Ill 

1650 Archstreet 

Philadelphia, Pennsylvania 19103-24329 

William Frederick Dwham, Deputy Director 

Division of Air Quality 

Department of Environmental Protection 

601 571h Street 

Charleston, WV 25304 

JUL 1 1 2011 

Re: Proposed Air Quality Rule Changes for 2012 Legislative Session 

Dear Mr. Durham: 

Thank you for the opportunity to comment on the proposed rule changes for West 

Virginia's 2012 legislative session. While the Department of Environmental Protection (DEP) 

submitted rule changes for multiple state regulations concerning air quality, the comments 

provided in this letter are limited to those rule changes concerning theoffice of Permits and Air 

Toxics, specifically 45CSR14, 16,19,30, and 34. Please refer to appropriate Agency contacts 

within the Air Protection Division regarding rule changes to state regulations not mentioned 

above. 

Afier review, EPA offers the following comments: 

West Virginia has included in their non-attainment new source review regulations 

(45CSR19) interpollutant trading ratios for NO, to primary PM2 5 and SO2 to primary PM2 5, 

which were the preferred ratios publishid by EPA in the May 16,2008 final rule for 

implementing PM2 5 under the New Source Review (NSR) program. 

On February 10,2009 the National Raource Defense Council WRDC) and Sierra Club 

(SC) submitted a petition for reconsideration of four provisions contained in this final rule, 

among them the preferred interpollutant trading ratios for PM2 5. The petitioners claimed that the 

decision to indude interpollutant trading ratios was unlawful and arbitrary, and that the ratios 

were developed without public input. EPA granted the petition for reconsideration in an April 24. 

2009 letter, which was published in the Federal Register on June 1,2009. 

In granting the petition for reconsideration, EPA committed to allow for public comment 

on the issues raised in the petition. It is unlikely that EPA will move forward with taking the 

prefe~nd ratios out for public comment at This time. Therefore, we recommend West Virginia cto 

one of the following: 

Develop a technical demonstration suppo1-ting the prefeired ratios; 

Dewlop atechnical demonstration for new, state-specific ratios; 

I) 

9 Printed on 100% rpeyeed/recyc/ublepaper with 100%post-eonsumerfiber andprocess chlorine free. 

Customer Service Hotline: 1-800-438-2474 
Propose placeholder language that would allow for trading ratios to be developed at a 

later date (see 40CFR5 1 .I 65(a)(11). 

In any of the above scenarios, the state must provide for public notice and hearing for any 

technical demonstration supporting the interpollutant trading ratios, and such demonstration must 

be induded as part of the SIP. 

We look forward to working with West Virginia throughout the process. Should you or 

your staff have any questions, please don't hesitate to contact nle at 21 5-814-2173 or Mike 

Gordon at 215-814-2039. 

Sincerely, 

kathleen &ox, Associate Director 

Office of Permits and Air Toxics 

,% 

CJ Printed on 100% recycIed/reqclablepaper with 100%poslronsumerfiher andprocess chlorine free. 

Customer Service Hotline: 1-800-438-2474 





45CSR19

TITLE 45

LEGISLATIVE RULE

DEPARTMENT OF ENVIRONMENTAL PROTECTION

AIR QUALITY

SERIES 19

PERMITS FOR CONSTRUCTION AND MAJOR MODIFICATION OF

MAJOR STATIONARY SOURCES WHICH

CAUSE OR CONTRIBUTE TO NONATTAINMENT AREAS

§45-19-1. General.

1.1. Scope. -- This rule establishes and adopts a preconstruction permit program to satisfy the

requirements of §§172(c)(5) and 173 of the Clean Air Act (CAA) and the permit requirements of 40 CFR

§51.165 for any area designated nonattainment for any national ambient air quality standard under 40 CFR

Part 81, Subpart C. This preconstruction permit program shall apply to any new major stationary source or

major modification that is major for the pollutant for which the area is designated nonattainment under

§107(d)(1)(A)(i) of the CAA, if the stationary source or modification would locate anywhere in the

designated nonattainment area.

1.1.a. It is the intent of the Secretary that all applications filed by any person to construct major new

or modified stationary air pollution sources, intending to locate in areas with air quality worse than the levels

set to protect the public health and welfare, or that might impact those areas, must adequately meet the preconstruction review procedures and conditions of the Clean Air Act as amended and this rule.

1.1.b. These conditions are designed to ensure that the major new or modified source’s emissions will

be controlled to the greatest degree practicable; that more than equivalent offsetting emission reductions will

be obtained from existing sources; that there will be progress toward achievement of the National Ambient

Air Quality Standards; and that all applicable air pollution regulations adopted by the Secretary will be met.

1.2. Authority. -- W.Va. Code §22-5-4.

1.3. Filing Date. -- May 1, 2012.

1.4. Effective Date. -- June 1, 2012.

1.5. Federal Regulation. -- Unless otherwise indicated, where reference to a federal regulation or

standard appears in this rule, such regulation or standard will, for the purpose of this rule, be construed as

that version which was in effect as of June 1, 2011.

1.6. Former Rules. -- This legislative rule amends 45CSR19 “Permits for Construction and Major

Modification of Major Stationary Sources of Air Pollution Which Cause or Contribute to Nonattainment”

which was filed June 16, 2011 and became effective June 16, 2011.

§45-19-2. Definitions.

2.1. “Actual Emissions” means the actual rate of emissions of a regulated NSR pollutant from an

1
45CSR19

emissions unit, as determined in accordance with subdivisions 2.1.a through 2.1.c, except that this definition

shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a

PAL under section 23. Instead, subsections 2.59 and 2.9 shall apply for those purposes.

2.1.a. In general, actual emissions as of a particular date shall equal the average rate, in tons per year,

at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the

particular date and which is representative of normal source operation. The Secretary may allow the use of

a different time period upon a determination that it is more representative of normalsource operation. Actual

emissionsshall be calculated using the unit’s actual operating hours, production rates, and types of materials

processed, stored or combusted during the selected time period.

2.1.b. The Secretary may presume that source-specific allowable emissionsfor the unit are equivalent

to the actual emissions of the unit.

2.1.c. For any emissions unit that has not begun normal operations on the particular date, actual

emissions shall equal the potential to emit of the unit on that date.

2.2. “Actuals PAL” for a major stationary source means a PAL based on the baseline actual emissions

(as defined in subsection 2.9) of all emissions units (as defined in subsection 2.26) at the source, that emit

or have the potential to emit the PAL pollutant.

2.3. “Administrator” means the Administrator of the United States Environmental Protection Agency

or the Administrator’s duly authorized representative.

2.4. “Allowable emissions” means the emissions rate of a stationary source calculated using the

maximum rated capacity of the source (unless the source is subject to federally enforceable limits, limits

established by the Secretary pursuant to the Secretary’s rules which restrict the operating rate, or hours of

operation, or both) and the most stringent of the following: 

2.4.a. The applicable standards set forth in 40 CFR Part 60 or 61;

2.4.b. Any applicable State Implementation Plan emissions limitations or permit conditions, including

those with a future compliance date; or 

2.4.c. The applicable federally enforceable emissionslimitations or permit conditions,includingthose

with a future compliance date.

2.5. “Applicable Regulations” means rules of the Secretary as promulgated pursuant to W.Va. Code

§22-5-4, and regulations of the Environmental Protection Agency promulgated pursuant to theClean Air Act.

2.6. “Applicant” means any person who makes application to the Secretary for a permit to construct,

modify or relocate a source in West Virginia under the provisions of this rule.

2.7. “Air Pollutants” means solids, liquids or gases which, if discharged into the air, may result in a

statutory air pollution.

2.8. “Air Pollution”, or “statutory air pollution”, hasthe meaning ascribed to it in W.Va. Code §22-5-2.

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2.9. “Baseline actual emissions” means the rate of emissions, in tons per year, of a regulated NSR

pollutant, as determined in accordance with the following:

2.9.a. For any existing electric utility steam generating unit, baseline actual emissions means the

average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-

month period selected by the owner or operator within the 5-year period immediately preceding when the

owner or operator begins actual construction of the project. The Secretary shall allow the use of a different

time period upon a determination that it is more representative of normal source operation.

2.9.a.1. The average rate shall include fugitive emissionsto the extent quantifiable, and emissions

associated with startups, shutdowns, and malfunctions.

2.9.a.2. The average rate shall be adjusted downward toexclude any noncompliant emissionsthat

occurred while the source was operating above any emission limitation that was legally enforceable during

the consecutive 24-month period.

2.9.a.3. For a regulated NSR pollutant, when a project involves multiple emissions units, only

one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions

units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant.

2.9.a.4. The average rate shall not be based on any consecutive 24-month period for which there

is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount

if required by paragraph 2.9.a.2.

2.9.b. For an existing emissions unit (other than an electric utility steam generating unit), baseline

actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the

pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year

period immediately preceding either the date the owner or operator begins actual construction of the project,

or the date a complete permit application is received by the Secretary for a permit required under this rule,

whichever is earlier, except that the 10-year period shall not include any period earlier than November 15,

1990.

2.9.b.1. The average rate shall include fugitive emissions tothe extent quantifiable, and emissions

associated with startups, shutdowns, and malfunctions.

2.9.b.2. The average rate shall be adjusted downward to exclude any noncompliant emissionsthat

occurred while the source was operating above an emission limitation that was legally enforceable during

the consecutive 24-month period.

2.9.b.3. The average rate shall be adjusted downward to exclude any emissions that would have

exceeded an emission limitation with which the major stationary source must currently comply, had such

major stationary source been required to comply with such limitations during the consecutive 24-month

period. However, if an emission limitation is part of a maximumachievable control technology standard that

the Administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only

be adjusted if the Secretary has taken credit for such emissions reductions in an attainment demonstration

or maintenance plan consistent with the requirements of subsection 8.6.

2.9.b.4. For a regulated NSR pollutant, when a project involves multiple emissions units, only

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one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions

units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant.

2.9.b.5. The average rate shall not be based on any consecutive 24-month period for which there

is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount

if required by paragraphs 2.9.b.2 and 2.9.b.3.

2.9.c. For a new emissions unit, the baseline actual emissions for purposes of determining the

emissions increase that will result from the initial construction and operation of such unit shall equal zero;

and thereafter, for all other purposes, shall equal the unit’s potential to emit.

2.9.d. For a PAL for a major stationary source, the baseline actual emissions shall be calculated for

existing electric utility steam generating units in accordance with the procedures contained in subdivision

2.9.a, for other existing emissions units in accordance with the procedures contained in subdivision 2.9.b,

and for a new emissions unit in accordance with the procedures contained in subdivision 2.9.c.

2.10. “Begin actual construction” means in general, initiation of physical on-site construction activities

on an emissions unit which are of a permanent nature. Such activities include, but are not limited to,

installation of building supports and foundations, laying of underground pipework, and construction of

permanent storage structures. With respect to a change in method of operating this term refers to those onsite activities other than preparatory activities which mark the initiation of the change.

2.11. “Best available control technology” or “BACT” means an emissionslimitation (including a visible

emissions standard) based on the maximum degree of reduction for each regulated NSR pollutant which

would be emitted from any proposed major stationary source or major modification which the Secretary, on

a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs,

determines is achievable for such source or modification through application of production processes or

available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel

combustion techniques for control of such pollutant. In no event shall application of best available control

technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable

standard under 40 CFR Parts 60 or 61. If the Secretary determines that technological or economic limitations

on the application of measurement methodology to a particular emissions unit would make the imposition

of an emissionsstandard infeasible, a design, equipment, work practice, operational standard, or combination

thereof, may be prescribed instead to satisfy the requirement for the application of BACT. Such standard

shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design,

equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent

results.

2.12. “Building, structure, facility or installation” means all of the pollutant-emitting activities which

belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and

are under the control of the same person (or persons under common control) except the activities of any

vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong

to the same “Major Group” (i.e., which have the same two (2)-digit code) as described in the Standard

Industrial Classification Manual, 1987 (U.S. Government Printing Office stock number GPO 0-185-718:QL

3).

2.13. “CAA” means the Clean Air Act, 42 U.S.C. 7401, et seq., as amended.

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2.14. “Clean coal technology” means any technology, including technologies applied at the

precombustion, combustion, or post combustion stage, at a new or existing facility which will achieve

significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization

of coal in the generation of electricity, or process steam which was not in widespread use as of November

15, 1990.

2.15. “Clean coal technologydemonstration project” means a project using funds appropriated under the

heading “Department of Energy-Clean Coal Technology,” up to a total amount of $2,500,000,000 for

commercial demonstration of clean coal technology, or similar projects funded through appropriations for

the Environmental Protection Agency. The Federal contribution for a qualifying project shall be at least 20

percent of the total cost of the demonstration project.

2.16. [Reserved.]

2.17. “Code” means principally W.Va. Code §22-5-1 etseq., and, where applicable, W.Va. Code §22-18-

1 et seq.

2.18. “Commence,” as applied to construction of a major stationary source or major modification, means

that the owner or operator has all necessary preconstruction approvals or permits and either has: 

2.18.a. Begun, or caused to begin, a continuous programof actual on-site construction of the source,

to be completed within a reasonable time; or

2.18.b. Entered into binding agreements or contractual obligations, which cannot be canceled or

modified without substantial loss to the owner or operator, to undertake a program of actual construction of

the source to be completed within a reasonable time.

2.19. “Construction” means any physical change or change in the method of operation (including

fabrication, erection, installation, demolition or modification of an emissions unit) that would result in a

change in emissions.

2.20. “Continuous emissions monitoring system” or “CEMS” means all of the equipment that may be

required to meet the data acquisition and availability requirements, to sample, condition (if applicable),

analyze, and provide a record of emissions on a continuous basis.

2.21. “Continuous emissionsrate monitoring system” or “CERMS” means the total equipment required

for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time).

2.22. “Continuous parameter monitoring system” or “CPMS” means all of the equipment necessary to

meet the data acquisition and availability requirements of this rule, to monitor process and control device

operational parameters (for example, control device secondary voltages and electric currents) and other

2 2

information (for example, gas flow rate, O or CO concentrations), and to record average operational

parameter value(s) on a continuous basis.

2.23. “Department of Environmental Protection” or “DEP” means the Department of Environmental

Protection which is created by the provisions of West Virginia Code §22-1-1, et seq.

2.24. “Electric utility steam generating unit” means any steam electric generating unit that is constructed

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for the purpose of supplying more than one-third of its potential electric output capacity and more than 25

MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam

distribution system for the purpose of providing steam to a steam-electric generator that would produce

electrical energy for sale is also considered in determining the electrical energy output capacity of the

affected facility.

2.25. “Emissions” refers to the release, escape, or discharge of air pollutants into the air.

2.26. “Emissions unit” means any part of a stationary source which emits or would have the potential

to emit any regulated NSR pollutant and includes an electric utility steam generating unit as defined in

subsection 2.24. For purposes of this rule, there are two types of emissions units as described in subdivisions

2.26.a and 2.26.b.

2.26.a. A new emissions unit is any emissions unit which is (or will be) newly constructed and

which has existed for less than 2 years from the date such emissions unit first operated.

2.26.b. An existing emissions unit is any emissions unit that does not meet the requirements in

subdivision 2.26.a. A replacement unit, as defined in subsection 2.62, is an existing emissions unit.

2.27. “Federal Land Manager” means, with respect to any lands in the United States, the Secretary of

the department with authority over such lands.

2.28. “Federally enforceable” means all limitations and conditions which are enforceable by the

Administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements

within any applicable State implementation plan, any permit requirements established pursuant to 40 CFR

§52.21 or this rule, including any operating permits issued under a USEPA-approved program that is

incorporated into the State Implementation Plan and expressly requires adherence to any permit issued under

such program.

2.29. “Fugitive emissions” means those emissions which could not reasonably pass through a stack,

chimney, vent or other functionally equivalent opening.

2.30. “Intrapollutant Emission Offsets” means that emission offsets may only be achieved for the same

air pollutants which have comparable physical and chemical characteristics and properties (e.g., VOC

2

increases may not be offset against SO reductions, or coke plant particulate matter may not be offset against

boi Xler fly ash, or NO may not be offset against VOC).

2.31. “Lowest achievable emission rate” or (LAER)” means, for any source, that rate of emissions based

on the following, whichever is more stringent: 

2.31.a. The most stringent emissions limitation which is contained in the implementation plan of

any State for such class or category of stationary source, unless the owner or operator of the proposed

stationary source demonstrates that such limitations are not achievable; or

2.31.b. The most stringent emissions limitation which is achieved in practice by such class or

category of stationary sources. This term when applied to a new or modified emissions unit, means the

lowest achievable emissions rate for such emissions units within the stationary source. In no event shall the

application of this term permit a proposed new or modified stationary source to emit any pollutant in excess

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of the amount allowable under an applicable new source standard of performance.

2.32. “Major emissions unit” means:

2.32.a. Any emissions unit that emits or has the potential to emit 100 tons per year or more of the

PAL pollutant in an attainment area; or

2.32.b. Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount

that is equal to or greater than the major source threshold for the PAL pollutant as defined by the CAA for

nonattainment areas. For example, in accordance with the definition of major stationary source in §182(c)

of the CAA, an emissions unit would be a major emissions unit for VOC if the emissions unit is located in

a serious ozone nonattainment area and it emits or hasthe potential to emit 50 or more tons of VOC per year.

2.33. Major Modification.

2.33.a. “Major modification” means any physical change in or change in the method of operation

of a major stationary source that would result in: 

2.33.a.1. A significant emissions increase of a regulated NSR pollutant (as defined in subsection

2.61.); and

2.33.a.2. A significant net emissions increase of that pollutant from the major stationary source.

2.33.b. Any significant emissionsincrease (as defined in subsection 2.67) from any emissions units

or net emissions increase (as defined in subsection 2.39) at a major stationary source that is significant for

volatile organic compounds shall be considered significant for ozone.

2.33.c. A physical change or change in the method of operation shall not include:

2.33.c.1. Routine maintenance, repair and replacement; 

2.33.c.2. Use of an alternative fuel or raw material by reason of an order under sections 2 (a) and

(b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or

by reason of a natural gas curtailment plan pursuant to the Federal Power Act;

2.33.c.3. Use of an alternative fuel by reason of an order or rule under §125 of the CAA;

2.33.c.4. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated

from municipal solid waste;

2.33.c.5. Use of an alternative fuel or raw material by a stationary source which:

2.33.c.5.A. The source was capable of accommodating beforeDecember 21, 1976, unlesssuch

change would be prohibited under any federally enforceable permit condition which was established after

December 21, 1976 pursuant to 40 CFR §52.21 or under regulations approved pursuant to 40 CFR Subpart

I or 40 CFR §51.166, or

2.33.c.5.B. The source is approved to use under any permit issued under this rule; 

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2.33.c.6. An increase in the hours of operation or in the production rate, unless such change is

prohibited under any federally enforceable permit condition which was established after December 21, 1976

pursuant to 40 CFR §52.21 or regulations approved pursuant to 40 CFR Part 51 Subpart I or 40 CFR §51.166.

2.33.c.7. Any change in ownership at a stationary source.

2.33.c.8. [Reserved.]

2.33.c.9. The installation, operation, cessation, or removal of a temporary clean coal technology

demonstration project, provided that the project complies with: 

2.33.c.9.A. The West Virginia State Implementation Plan, and 

2.33.c.9.B. Other requirements necessary to attain and maintain the National Ambient Air

Quality Standard during the project and after it is terminated.

2.33.d. This definition shall not apply with respect to a particular regulated NSR pollutant when the

major stationary source is complying with the requirements under section 23 for a PAL for that pollutant.

Instead, the definition at subsection 2.48 shall apply.

2.33.e. For the purpose of applying the requirements of subsection 17.6 to modifications at major

stationary sources of nitrogen oxides located in ozone nonattainment areas or in ozone transport regions,

whether or not subject to Title I, Part D, Subpart 2 of the CAA, any significant net emissions increase of

nitrogen oxides is considered significant for ozone.

2.33.f. Any physical change in, or change in the method of operation of, a major stationary source

of volatile organic compounds that results in any increase in emissions of volatile organic compounds from

any discrete operation, emissions unit, or other pollutant emitting activity at the source shall be considered

a significant net emissions increase and a major modification for ozone, if the major stationary source is

located in an extreme ozone nonattainment area that is subject to Title I, Part D, Subpart 2 of the CAA.

2.34 X. “Major Modification for Ozone” means a major modification for VOC and NO .

2.35. “Major Stationary Source” means:

2.35.a. Any stationary source of air pollutants that emits, or has the potential to emit 100 tons per

year or more of any regulated NSR pollutant, except that lower emissions thresholds shall apply in areas

subject to ozone nonattainment areas, carbon monoxide nonattainment areas, or particulate matter

nonattainment areas, in accordance with the following:

2.35.a.1. 50 tons per year of volatile organic compoundsin any serious ozone nonattainment area;

2.35.a.2. 50 tons per year of volatile organic compounds in an area within an ozone transport

region, except for any severe or extreme ozone nonattainment area;

2.35.a.3. 25 tons per year of volatile organic compounds in any severe ozone nonattainment area;

2.35.a.4. 10 tons per year of volatile organic compoundsin any extreme ozone nonattainment area;

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2.35.a.5. 50 tons per year of carbon monoxide in any serious nonattainment area for carbon

monoxide, where stationary sources contribute significantly to carbon monoxide levels in the area (as

determined under rules issued by the Administrator); and

2.35 10 10.a.6. 70 tons per year of PM in any serious nonattainment area for PM .

2.35.b. For the purposes of applying the requirements of subsection 17.6 to stationary sources of

nitrogen oxideslocated in an ozone nonattainment area or in an ozone transport region, any stationary source

which emits, or has the potential to emit, 100 tons per year or more of nitrogen oxides emissions, except that

the following emission thresholds shall apply in areas subject to Title 1, Part D, Subpart 2:

2.35.b.1. 100 tons per year or more of nitrogen oxides in any ozone nonattainment area classified

as marginal or moderate;

2.35.b.2. 100 tons per year or more of nitrogen oxides in any ozone nonattainment area classified

as a transitional, submarginal, or incomplete or no data area, when such area is located in an ozone transport

region;

2.35.b.3. 100 tons per year or more of nitrogen oxides in any area designated under §107(d) of the

CAA as attainment or unclassifiable for ozone that is located in an ozone transport region;

2.35.b.4. 50 tons per year or more of nitrogen oxides in any serious nonattainment area for ozone;

2.35.b.5. 25 tons per year or more of nitrogen oxides in any severe nonattainment area for ozone;

2.35.b.6. 10 tons per year or more of nitrogen oxidesin any extreme nonattainment area for ozone;

or

2.35.c. Any physical change that would occur at a stationary source not qualifying under

subdivisions 2.35.a and 2.35.b as a major stationary source, if the change would constitute a major stationary

source by itself.

2.35.d. A major stationary source that is major for volatile organic compounds shall be considered

major for ozone.

2.35.e. The fugitive emissions of a stationary source shall not be included in determining for any

of the purposes of subsection 2.35 whether it is a major stationary source, unless the source belongs to one

of the following categories of stationary sources:

2.35.e.1. Coal cleaning plants (with thermal dryers); 

2.35.e.2. Kraft pulp mills;

2.35.e.3. Portland cement plants;

2.35.e.4. Primary zinc smelters;

2.35.e.5. Iron and steel mills; 

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2.35.e.6. Primary aluminum ore reduction plants;

2.35.e.7. Primary copper smelters; 

2.35.e.8. Municipal incinerators capable of charging more than 250 tons of refuse per day; 

2.35.e.9. Hydrofluoric, sulfuric, or nitric acid plants;

2.35.e.10. Petroleum refineries;

2.35.e.11. Lime plants; 

2.35.e.12. Phosphate rock processing plants;

2.35.e.13. Coke oven batteries;

2.35.e.14. Sulfur recovery plants;

2.35.e.15. Carbon black plants (furnace process); 

2.35.e.16. Primary lead smelters;

2.35.e.17. Fuel conversion plants;

2.35.e.18. Sintering plants; 

2.35.e.19. Secondary metal production plants; 

2.35.e.20. Chemical process plants -- The term chemical processing plant shall not include

ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193

or 312140;

2.35.e.21. Fossil-fuel boilers (or combination thereof) totaling more than 250 million British

thermal units per hour heat input; 

2.35.e.22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000

barrels; 

2.35.e.23. Taconite ore processing plants; 

2.35.e.24. Glass fiber processing plants; 

2.35.e.25. Charcoal production plants;

2.35.e.26. Fossil fuel-fired steam electric plants of more than 250 million British thermal units

per hour heat input; and 

2.35.e.27. Any other stationary source category which, as of August 7, 1980, is being regulated

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under §§111 or 112 of the CAA.

2.35.f. In addition to those facilities covered under subdivision 2.35.e, all coal preparation plants

as defined under 40 CFR §60.251(a) which process more than 200 tons per day shall count fugitive emissions

from all “affected facilities” at the source.

2.35.g. For the purpose of subdivision 2.35.f, the term “affected facilities” means those facilities

which are listed or identified as “affected facilities” in the applicable standard promulgated under §§111 or

112 of the CAA.”

2.36 X. “Major Stationary Source for Ozone” means a major stationary source of VOC or NO .

2.37. “National Ambient Air Quality Standard (NAAQS)” means the numerical standard specified by

the United States Environmental Protection Agency for each air pollutant for which air quality criteria have

been issued.

2.38. “Necessary preconstruction approvals or permits” meansthose permits or approvals required under

federal air quality control laws or regulations and air quality control laws and rules of the State of West

Virginia. Where a consent order is required to be submitted to the USEPA for inclusion in the State

Implementation Plan, the applicant will not have all necessary pre-construction approvals or permits until

such time as the Administrator approves such consent order for inclusion in the State Implementation Plan.

2.39. “Net emissions increase” means, with respect to any regulated NSR pollutant emitted by a major

stationary source, the amount by which the sum of the following exceeds zero: 

2.39.a. The increase in emissions from a particular physical change or change in the method of

operation at a stationary source as calculated pursuant to subsection 3.4.; and 

2.39.b. Any other increases and decreases in actual emissions at the major stationary source that are

contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for

calculating increases and decreases under this subdivision shall be determined as provided in subsection 2.9,

except that paragraphs 2.9.a.3 and 2.9.b.4 shall not apply.

2.39.b.1. An increase or decrease in actual emissions is contemporaneous with the increase from

the particular change only if it occurs before the date that the increase from the particular change occurs; 

2.39.b.2. An increase or decrease in actual emissions is creditable only if:

2.39.b.2.A. It occurs within a reasonable period to be specified by the Secretary; and 

2.39.b.2.B. The Secretary has not relied on the increase or decrease in issuing a permit for the

source under section 14, which permit is in effect when the increase in actual emissions from the particular

change occurs.

2.39.b.3. An increase in actual emissionsis creditable only to the extent that the new level of actual

emissions exceeds the old level.

2.39.b.4. A decrease in actual emissions is creditable only to the extent that:

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2.39.b.4.A. The old level of actual emission or the old level of allowable emissions whichever

is lower, exceeds the new level of actual emissions; 

2.39.b.4.B. It is federally enforceable and enforceable by the Secretary as a practical matter

at and after the time that actual construction on the particular change begins; and 

2.39.b.4.C. The Secretary has not relied on it in issuing any permit under this rule, in

demonstrating attainment of the NAAQS, or in a demonstration of reasonable further progress; and

2.39.b.4.D. It has approximately the same qualitative significance for publichealth and welfare

as that attributed to the increase from the particular change.

2.39.b.5. An increase that results from a physical change at a source occurs when the emissions

unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any

replacement unit that requires shakedown becomes operational only after a reasonable shakedown period,

not to exceed one hundred eighty (180) days.

2.39.c. Subdivision 2.1.a shall not apply for determining creditable increases and decreases or after

a change.

2.40. “Nonattainment Area” meansfor the purpose of this rule, those areas designated in accordance with

§107 of the CAA as not having attained NAAQS for specific air pollutants. Nonattainment areas for ozone,

carbon monox 10ide, and PM are divided into categories, which may have different major source size

definitions and offset ratio requirements than in previous regulations. These categories are as follows:

2.40.a. Ozone nonattainment areas may be designated as Marginal, Moderate, Serious, Severe, or

Extreme.

2.40.b. Carbon monoxide nonattainment areas may be designated as Moderate or Severe.

2.40 10.c. PM nonattainment areas may be designated as Moderate or Severe.

2.41. “Nonattainment major new source review (NSR) program” means a major source preconstruction

permit program that has been approved by the Administrator, or a program that implements 40 CFR Part 51,

appendix S, sections I through VI. Any permit issued under such a program is a major NSR permit.

2.42. “Offset” or “emission offset” means an emission reduction of a given pollutant achieved at an

existing source (or emissions unit within such source) that allows for the emission of such given pollutant

at a different proposed source (or emissions unit within such proposed source); provided that the amount of

reduction in emissions at the existing source (or emissions unit within such source), is greater, on a tons per

year basis, than one-to-one with respect to the proposed emissions from the different source (or emissions

unit within such source) so that total emissions from the source including all existing and proposed facilities

for a given pollutant shall be less than baseline emissions. This term also means an emission reduction of

a given pollutant achieved at a unit within an existing source that allows for the emission of such given

pollutant at a different unit within the same existing source. In addition to the above requirement that offset

ratios must be greater than one-to-one, the offset ratios in ozone nonattainment areas must equal or exceed:

2.42.a. In marginal ozone nonattainment areas, 1.1 to 1.

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2.42.b. In moderate ozone nonattainment areas, 1.15 to 1.

2.42.c. In serious ozone nonattainment areas, 1.2 to 1.

2.42.d. In severe ozone nonattainment areas, 1.3 to 1.

2.42.e. In extreme ozone nonattainment areas, 1.5 to 1.

2.43. “Offset Ratio” means the ratio of total emission reductions to total emission increases, for any

specific pollutant.

2.44 2.5. “PM ” means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5

micrometers as measured by a reference method described in Appendix L of 40 CFR Part 50.

2.45 10. “PM ” means particulate matter with an aerodynamic diameter less than or equal to a nominal 10

micrometers as measured by a reference method described in Appendix J of 40 CFR Part 50.

2.46. “Particulate Matter” means any material, except uncombined water, that exists in a finely divided

form as a liquid or solid.

2.47. “PAL effective date” generally means the date of issuance of the PAL permit. However, the PAL

effective date for an increased PAL is the date any emissions unit which is part of the PAL major

modification becomes operational and begins to emit the PAL pollutant.

2.48. “PAL effective period” means the period beginning with the PAL effective date and ending 10

years later.

2.49. “PAL major modification” means, notwithstanding subsections 2.33 and 2.39 (the definitions for

major modification and net emissionsincrease), any physical change in or change in the method of operation

of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.

2.50. “PAL permit” means the major NSR permit, the minor NSR permit, or the title V permit issued by

the Secretary that establishes a PAL for a major stationary source.

2.51. “PAL pollutant” means the pollutant for which a PAL is established at a major stationary source.

2.52. “Person” means any and all persons, natural or artificial, including the State of West Virginia or

any other state and all agencies or divisions thereof, any state political subdivision, the United States of

America, any municipal, statutory, public or private corporation or association organized or existing under

the law of this or any other state or country, and any firm, partnership or association of whatever nature.

2.53. “Plantwide applicability limitation” or “PAL” means an emission limitation expressed in tons per

year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established

source-wide in accordance with subsections 23.1 through 23.15.

2.54. “Pollution prevention” means any activity that through process changes, product reformulation or

redesign, or substitution of less polluting raw materials, eliminates or reduces the release of air pollutants

(including fugitive emissions) and other pollutants to the environment prior to recycling, treatment, or

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disposal; it does not mean recycling (other than certain “in-process recycling” practices), energy recovery,

treatment or disposal.

2.55. “Potential to emit” means the maximum capacity of a stationary source to emit a pollutant under

its physical and operational design. Any physical or operational limitation on the capacity of the source to

emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the

type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the

limitation or the effect it would have on emissionsis federally enforceable or is enforceable by the Secretary

in any permit or consent order issued by the Administrator or by the Secretary. Secondary emissions do not

count in determining the potential to emit of a stationary source.

2.56. “Predictive emissions monitoring system” or “PEMS” means all of the equipment necessary to

monitor process and control device operational parameters (for example, control device secondary voltages

and elect 2 2ric currents) and other information (for example, gas flow rate, O or CO concentrations), and

calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis.

2.57. “Prevention of Significant Deterioration (PSD) permit” means any permit that is issued under the

major source preconstruction permit program set forth in 45CSR14.

2.58. “Project” means a physical change in, or change in the method of operation of, an existing major

stationary source.

2.59. “Projected actual emissions” means, the maximum annual rate, in tons per year, at which an

existing emissions unit is projected to emit a regulated NSR pollutant in any one of the 5 years (12-month

period) following the date the unit resumes regular operation after the project, or in any one of the 10 years

following that date, if the project involves increasing the emissions unit’s design capacity or its potential to

emit of that regulated NSR pollutant and full utilization of the unit would result in a significant emissions

increase or a significant net emissions increase at the major stationary source. In determining the projected

actual emissions, before beginning actual construction, the owner or operator of the major stationary source:

2.59.a. Shall consider all relevant information, including but not limited to, historical operational

data, the company’s own representations, the company’s expected business activity and the company’s

highest projections of business activity, the company’s filings with the State or Federal regulatory authorities,

and compliance plans under the approved plan; and

2.59.b. Shall include fugitive emissions to the extent quantifiable, and emissions associated with

startups, shutdowns, and malfunctions; and

2.59.c. Shall exclude, in calculating any increase in emissions that results from the particular

project, that portion of the unit’s emissions following the project that an existing unit could have

accommodated during the consecutive 24-month period used to establish the baseline actual emissions under

subsection 2.9 and that are also unrelated to the particular project, including any increased utilization due

to product demand growth; or

2.59.d. In lieu of using the method set out in subdivisions 2.59.a through 2.59.c, may elect to use

the emissions unit’s potential to emit, in tons per year, as defined under subdivision 2.55.

2.60. “Reasonable Further Progress” means the annual reductions in emissions of pollutants in

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nonattainment areas as are required pursuant to Part D of the 1990 Clean Air Act Amendments or which are

required by the Secretary or the Administrator for the purpose of ensuring attainment of NAAQS by the

applicable statutory deadline.

2.61. “Regulated NSR Pollutant” means the following: 

2.61.a. Any pollutant for which a National Ambient Air Quality Standard has been promulgated;

2.61.b. Nitrogen oxides or any volatile organic compounds;

2.61.c. Any pollutant that is identified under this subdivision as a constituent or precursor of a

general pollutant listed under subdivisions 2.61.a or 2.61.b, provided that such constituent or precursor

pollutant may only be regulated under NSR as part of regulation of the general pollutant. Precursors

identified by the Administrator for purposes of NSR are the following:

2.61.c.1. Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone

nonattainment areas.

2.61 2.5 2.5.c.2. Sulfur dioxide is a precursor to PM in all PM nonattainment areas.

2.61 2.5 2.5.c.3. Nitrogen oxides are presumed to be precursors to PM in all PM nonattainment areas,

unlessthe Secretary demonstrates to the Administrator’ssatisfaction or USEPA demonstrates that emissions

of nitrogen oxides from sources in a specific area are not a significant contributor to that area’s ambient

PM2.5 concentrations.

2.61 2.5.c.4. Volatile organic compounds and ammonia are presumed not to be precursors to PM

2.5

in any PM nonattainment area, unless the Secretary demonstrates to the Administrator’s satisfaction or

USEPA demonstrates that emissions of volatile organic compounds or ammonia from sources in a specific

area are a 2.5 significant contributor to that area’s ambient PM concentrations.

2.61 2.5 10.d. PM emissions and PM emissions shall include gaseous emissions from a source or

activity which condense to formparticulate matter at ambient temperatures. On or after January 1, 2011, such

condensable particulate matter shall be accounted for in applicability determinations and in establishing

emissions 2.5 10limitations for PM and PM in nonattainment major NSR permits. Compliance with emissions

2.5 10

limitations for PM and PM issued prior to this date shall not be based on condensable particulate matter

unless required by the terms and conditions of the permit or the applicable implementation plan.

Applicability determinations made prior to this date without accounting for condensable particulate matter

shall not be considered in violation of this rule unless the applicable implementation plan required

condensable particulate matter to be included.

2.62. “Replacement unit” means an emissions unit for which all the criteria listed in subdivisions 2.62.a

through 2.62.d are met. No creditable emission reductionsshall be generated fromshutting down the existing

emissions unit that is replaced.

2.62.a. The emissions unit is a reconstructed unit within the meaning of 40 CFR §60.15(b)(1), or

the emissions unit completely takes the place of an existing emissions unit;

2.62.b. The emissions unit is identical to or functionally equivalent to the replaced emissions unit;

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2.62.c. The replacement does not change the basic design parameter(s) of the process unit; and

2.62.d. The replaced emissions unit is permanently removed from the major stationary source,

otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a

practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new

emissions unit.

2.63. [Reserved.]

2.64. “Secondary emissions” means emissions which would occur as a result of the construction or

operation of a major stationary source or major modification, but do not come from the major stationary

source or major modification itself. Secondary emissions must be specific, well defined, quantifiable, and

impact the same general area as the stationary source or modification which causesthe secondary emissions. 

Secondary emissions include, but are not limited to emissions from any offsite support facility which would

not otherwise be constructed or increase its emissions except as a result of the construction or operation of

the major stationary source or major modification. Secondary emissions do not include any emissions which

come directly from a mobile source such as emissions from the tailpipe of a motor vehicle, a train, or from

a vessel.

2.65. “Secretary” means the Secretary of the Division of Environmental Protection or his or her

designated representative.

2.66. “Significant” means, in reference to a net emissions increase or the potential of a source to emit

any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

Pollutant and Pollutant Emission Rate

(tons per year)

Carbon monoxide: 100 tpy

Nitrogen oxides: 40 tpy

Sulfur dioxide: 40 tpy

Ozone: 40 tpy

of VOC or NOX

Lead: 0.6 tpy

PM10: 15 tpy

PM2.5: 10 tpy

of direct 2.5 PM emissions

PM2.5: 40 tpy

of SO2 emissions

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PM2.5: 40 tpy

of NOX emissions

2.5

(unless demonstrated not to be a PM precursor under subsection 2.61).

2.66.a. Notwithstanding the significant emissions rate for ozone in subsection 2.66, significant

means, in reference to an emissions increase or a net emissions increase, any increase in actual emissions of

volatile organic compounds that would result from any physical change in, or change in the method of

operation of, a major stationary source locating in a serious or severe ozone nonattainment area that issubject

to Title I, Part D, Subpart 2 of the CAA, if such emissions increase of volatile organic compounds exceeds

25 tons per year.

2.66.b. For the purposes of applying the requirements of subsection 17.6 to modifications at major

stationary sources of nitrogen oxideslocated in an ozone nonattainment area or in an ozone transport region,

the significant emission rates and other requirements for volatile organic compounds in subsection 2.66,

subdivisions 2.66.a and 2.66.d shall apply to nitrogen oxides emissions.

2.66.c. Notwithstanding the significant emissions rate for carbon monoxide under subsection 2.66,

significant means, in reference to an emissions increase or a net emissions increase, any increase in actual

emissions of carbon monoxide that would result from any physical change in, or change in the method of

operation of, a major stationary source in a serious nonattainment area for carbon monoxide if such increase

equals or exceeds 50 tons per year, provided the Administrator has determined that stationary sources

contribute significantly to carbon monoxide levels in that area.

2.66.d. Notwithstanding the significant emissions rates for ozone under subsection 2.66 and

subdivision 2.66.a, any increase in actual emissions of volatile organic compounds from any emissions unit

at a major stationary source of volatile organic compounds located in an extreme ozone nonattainment area

that is subject to Title I, Part D, Subpart 2 of the CAA shall be considered a significant net emissions

increase.

2.67. “Significant emissions increase” means, for a regulated NSR pollutant, an increase in emissions

that is significant for that pollutant.

2.68. “Significant emissions unit” means an emissions unit that emits or has the potential to emit a PAL

pollutant in an amount that is equal to or greater than the significant level, as defined in subsection 2.66 or

the CAA, whichever is lower, for that PAL pollutant, but less than the amount that would qualify the unit

as a major emissions unit.

2.69. “Significant Impact” means an increase in the ambient air concentration for a particular pollutant

as follows:

Averaging time (hours)

Annual 24 8 3 1

Ambient Air Concentration Increase (ìg/m )

3

SO2 1.0 5.0 25.0

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45CSR19

PM10 1.0 5.0

PM2.5 0.3 1.2

NO2 1.0

Ambient Air Concentration Increase (mg/m )

3

CO 0.5 2.0

2.70. “Small emissions unit” means an emissions unit that emits or has the potential to emit the PAL

pollutant in an amount less than the significant level for that PAL pollutant, as defined in subsection 2.66

or the CAA, whichever is lower.

2.71. “Source” or “stationary source” means any building, structure, facility or installation which emits

or may emit a regulated NSR pollutant.

2.72. “Temporary clean coal technology demonstration project” means a clean coal technology

demonstration project that is operated for a period of 5 years or less, and which complies with the State

Implementation Plan for the State in which the project is located and other requirements necessary to attain

and maintain the National Ambient Air Quality Standards during the project and after it is terminated.

2.73. “Temporary Source” or “sources of temporary emissions”, means for a source located in a

nonattainment area and subject to this rule, those emissions occurring for a period of time less than two

years.

2.74. “TSP” or “Total Suspended Particulate Matter” means particulate matter as measured by the

method described in Appendix B of 40 CFR Part 50.

2.75. “USEPA” means the United States Environmental Protection Agency.

2.76. “Volatile organic compounds (VOC)” are as defined in 40 CFR §51.100(s).

2.77. Other words and phrases used in this rule, unless otherwise indicated, have the meaning ascribed

to them in W.Va. Code §22-5-2 and the federal Clean Air Act.

§45-19-3. Applicability.

3.1. Preconstruction Permit Program In Nonattainment Areas. -- The preconstruction permit program

requirements apply to the construction of any new major stationary source or major modification that is

major for the pollutant for which the area is designated nonattainment under 40 CFR Part 81, Subpart C if

the stationary source or modification would locate anywhere in the designated nonattainment area.

3.2. Preconstruction Permit Program In Attainment Areas. -- The preconstruction permit program

requirements also apply to any proposed major stationary source and to any major modification to such

source in an area designated as attainment or unclassifiable for any National Ambient Air Quality Standard

(NAAQS) pursuant to section 107 of the CAA when it would cause or contribute to a violation of any

NAAQS.

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3.3. Significance levels.

3.3.a. A major source or major modification will be considered to cause or contribute to a violation

of a NAAQS when such source or modification would, at a minimum, exceed the following significance

levels at any locality that does not or would not meet the applicable national standard:

Averaging time (hours)

Annual 24 8 3 1

Ambient Air Concentration Increase (ìg/m )

3

SO2 1.0 5.0 25.0

PM10 1.0 5.0

PM2.5 0.3 1.2

NO2 1.0

Ambient Air Concentration Increase (mg/m )

3

CO 0.5 2.0

3.3.b. A proposed major source or major modification subject to subsection 3.2 may reduce the impact

of its emissions upon air quality by obtaining sufficient emission reductions to, at a minimum, compensate

for its adverse ambient impact where the major source or major modification would otherwise cause or

contribute to a violation of any NAAQS.

3.4. Determination of major modification. -- The determination as to whether or not a proposed project

is a major modification for a regulated NSR pollutant shall be determined in accordance with the specific

provisions set forth in subdivisions 3.4.a through 3.4.f.

3.4.a. Except as otherwise provided in subsections 3.5 and 3.6, and consistent with the definition of

major modification, a proposed project is a major modification for a regulated NSR pollutant if it causestwo

types of emissions increases -- a significant emissions increase (as defined in subsection 2.67), and a

significant net emissions increase (as defined in subsections 2.66 and 2.39). The proposed project is not a

major modification if it does not cause a significant emissions increase. If the project causes a significant

emissions increase, then the project is a major modification only if it also results in a significant net

emissions increase.

3.4.b. The procedure for calculating, before beginning actual construction, whether a significant

emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units

being modified, according to subdivisions 3.4.c through 3.4.f. The procedure for calculating, before

beginning actual construction, whether a significant net emissionsincrease will occur at the major stationary

source (i.e., the second step of the process) is contained in the definition in subsection 2.39. Regardless of

any such preconstruction projections, a major modification results if the project causes a significant

emissions increase and a significant net emissions increase.

3.4.c. Actual-to-projected-actual applicability test for proposed projects that only involve existing

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emissions units. -- A significant emissions increase of a regulated NSR pollutant is projected to occur if the

sum of the difference between the projected actual emissions and the baseline actual emissions (as defined

in subdivisions 2.9.a and 2.9.b, as applicable), for each existing emissions unit, equals or exceeds the

significant amount for that pollutant.

3.4.d. Actual-to-potential test for proposed projects that only involve construction of a new emissions

unit(s). -- A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of

the difference between the potential to emit from each new emissions unit following completion of the

proposed project and the baseline actual emissions of these units before the project equals or exceeds the

significant amount for that pollutant.

3.4.e. [Reserved.]

3.4.f. Hybrid testfor projects that involve multiple types of emissions units. --A significant emissions

increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each

emissions unit, using the method specified in subdivisions 3.4.c through 3.4.d as applicable with respect to

each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that

pollutant.

3.5. For any major stationary source subject to a PAL for a regulated NSR pollutant, the major

stationary source shall comply with the requirements under section 23.

3.6. [Reserved.]

3.7. Exemption.

3.7.a. A source or modification shall not be considered a major stationary source or major

modification only if fugitive emissions to the extent quantifiable are considered in calculating the potential

to emit of the stationary source or modification and the source does not belong to any of the following

categories:

3.7.a.1. Coal cleaning plants (with thermal dryers);

3.7.a.2. Kraft pulp mills;

3.7.a.3. Portland cement plants;

3.7.a.4. Primary zinc smelters;

3.7.a.5. Iron and steel mills;

3.7.a.6. Primary aluminum ore reduction plants;

3.7.a.7. Primary copper smelters;

3.7.a.8. Municipal incinerators capable of charging more than 250 tons of refuse per day;

3.7.a.9. Hydrofluoric, sulfuric, or citric acid plants;

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45CSR19

3.7.a.10. Petroleum refineries;

3.7.a.11. Lime plants;

3.7.a.12. Phosphate rock processing plants;

3.7.a.13. Coke oven batteries;

3.7.a.14. Sulfur recovery plants;

3.7.a.15. Carbon black plants (furnace process);

3.7.a.16. Primary lead smelters;

3.7.a.17. Fuel conversion plants;

3.7.a.18. Sintering plants;

3.7.a.19. Secondary metal production plants;

3.7.a.20. Chemical process plants -- The term chemical processing plant shall not include ethanol

production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or

312140;

3.7.a.21. Fossil-fuel boilers (or combination thereof)totaling more than 250 million British thermal

units per hour heat input;

3.7.a.22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000

barrels;

3.7.a.23. Taconite ore processing plants;

3.7.a.24. Glass fiber processing plants;

3.7.a.25. Charcoal production plants;

3.7.a.26. Fossil fuel-fired steam electric plants of more than 250 million British thermal units per

hour heat input; and

3.7.a.27. Any other stationary source category which, as of August 7, 1980, is being regulated

under §§111 or 112 of the CAA.

3.7.b. In addition to the facilities covered under subdivision 3.7.a, all coal preparation plants as

defined under 40 CFR §60.251(a) which process more than 200 tons per day shall count fugitive emissions

from all “affected facilities” at the source.

3.7.c. For the purpose of subdivision 3.7.b, the term “affected facilities” means those facilities which

are listed or identified as “affected facilities” in the applicable standard promulgated under §§111 or 112 of

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the CAA.

§45-19-4. Conditions for a Permit Approval for Proposed Major Sources That Would Contribute

to a Violation of NAAQS.

4.1. Upon determination by the Secretary that a proposed new major stationary source or major

modification will locate within a nonattainment area, or that a proposed new major stationary source or major

modification to be built outside a nonattainment area will have a significant impact on pollutant

concentrations in a nonattainment area, as of such source’s proposed start-up date, permit approval may be

granted only if the applicant agrees within its permit application and permit (if approved), to meet the

following conditions:

4.1.a. The proposed major stationary source or major modification is required to meet the lowest

achievable emission rate (LAER) for such source;

4.1.b. The applicant must certify that all existing sources owned or operated by the applicant (or any

entity controlling, controlled by, or under common control of the applicant) in West Virginia are in

compliance with the CAA and W.Va. Code §22-5-4, or the applicable regulations, or is in compliance with

a compliance program or a court decree which is federally enforceable and enforceable by the Secretary;

4.1.c. More than equivalent emission offsets fromexisting sources in the nonattainment area impacted

by the proposed new major stationary source or major modification (whether or not under the same

ownership) are required such that there will be reasonable further progress toward attainment of the

app Xlicable NAAQS. For sources locating in ozone nonattainment areas, the offset ratios for VOC and NO

must equal or exceed those specified in subsection 2.42. Only intrapollutant emission offsets are acceptable;

and

4.1.d. The emission offsets will provide a positive net air quality benefit in the affected nonattainment

area. Atmosphe Xric simulation modeling for ozone impacts is not necessary for VOC and NO . Compliance

with subdivision 4.1.c and subsection 8.2 will be adequate to meet this condition.

4.2. Upon determination by the Secretary that technological or economic limitations on the application

of measurement methodology to a particular source or class of sources would make the imposition of an

enforceable numerical emission standard infeasible, the applicant may, by petition, request that the Secretary

approve an appropriate design, operational or equipment standard. In the event that the applicant’s proposed

design, operational or equipment standard is unacceptable to the Secretary, the Secretary shall determine an

appropriate measurement methodology or design, operational or equipment standard and shall incorporate

such determinations and requirements within the permit.

4.3. For phased construction projects, the determination of the lowest achievable emission rate shall

be reviewed and modified as appropriate at the latest reasonable time which occurs no later than 18 months

prior to commencement of construction of each independent phase of the project. At such time, the owner

or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous

determination of the lowest achievable emission rate for the source.

4.4. Control Technology Information. -- The Secretary shall, for each new major source and major

modification, submit to the Administrator, within 60 days of issuance of the construction permit, all

information on the emissions prevention or control technology for the new major source or major

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45CSR19

modification for the purpose of making such information available through the RACT/BACT/LAER

clearinghouse to other states and to the general public.

4.5. Rocket Engines or Motors. -- The Secretary may allow a source to offset by alternative or

innovative means emission increases fromrocket engine and motor firing, and cleaning related to such firing,

at an existing or modified source that tests rocket engines or motors under the following conditions:

4.5.a. Any modification proposed is solely for the purpose of expanding the testing of rocket engines

or motors at an existing source that was permitted to test such engines as of November 15, 1990;

4.5.b. The source demonstrates to the satisfaction of the Secretary that it has used all reasonablemeans

to obtain and utilize offsets, as determined on an annual basis, for the emissions increases beyond allowable

levels, that all available offsets are being used, and that sufficient offsets are not available to the source;

4.5.c. The source has obtained a written finding from the Department of Defense, Department of

Transportation, National Aeronautics and Space Administration or other appropriate Federal agency, that

the testing of rocket motors or engines at the facility is required for a program essential to national security;

and

4.5.d. The source shall comply with an alternative measure, imposed by the Secretary, designed to

offset any emission increases beyond permitted levels not directly offset by the source. In lieu of imposing

any alternative offset measures, the Secretary may impose any emissions fee which shall be an amount no

greater than 1.5 times the average cost of stationary source control measures adopted in that area during the

previous three (3) years. The Secretary shall utilize the fees in a manner that maximizes reductions in that

area.

§45-19-5. Conditions for Permit Approval for Sources Locating in Attainment or Unclassifiable

Areas That Would Cause a New Violation of a NAAQS.

5.1. Upon determination by the Secretary that the emissions from a proposed new major stationary

source or major modification locating in attainment or unclassified areas would cause a new violation of a

NAAQS, permit approval may be granted only ifthe applicant agrees within its permit application and permit

(if approved) to meet a more stringent emission limitation and/or limit emissions of existing sources below

levels allowed by the applicable regulations so that the proposed source will not cause a new violation of any

NAAQS. Only intrapollutant emission offsets are acceptable.

5.2. If the proposed major source or major modification does not obtain the emission reductions

specified in subsection 3.2 the Secretary shall deny the proposed construction.

5.3. The requirements of subsections 3.2 and 5.2 shall not apply to a major stationary source or major

modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that

pollutant, the source or modification is located in an area designated as nonattainment pursuant to § 107 of

the CAA.

§45-19-6. [Reserved.]

§45-19-7. Baseline for Determining Credit for Emission Offsets.

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7.1. For major stationary sources and major modifications subject to subsections 3.1 and 3.2 the

baseline for determining credit for emissions reductions is the emission limit in effect at the time the

application for a permit to construct under section 14 is filed, except that the offset baseline shall be the

actual emissions of the source from which the offset credit is obtained where:

7.1.a. The demonstration of reasonable further progress and attainment of ambient air quality

standards is based upon the actual emissions of sources located within a designated nonattainment area; or

7.1.b. The applicable regulation does not contain an emission limitation for a source or source

category, the emission offset baseline involving such sources shall be the actual emissions.

7.2. Where an applicable emission limit allows greater emissions than the potential to emit of the

source, emission offset credit will be allowed only for control below this potential.

7.3. For an existing fuel combustion source, credit shall be based on the allowable emissions for the

type of fuel being burned at the time the permit to construct application under section 14 is filed. If the

existing source commits to switch to a cleaner fuel at some future date, emission offset credit based on the

allowable or actual emissions for the fuels involved is not acceptable, unless the permit is conditioned to

require use of a specified alternative control measure which would achieve the same degree of emissions

reduction should the source switch back to a dirtier fuel at some later date. The applicant shall ensure that

adequate long-term supplies of the new fuel are available before emission offset credit for fuel switches may

be granted.

7.4. Emissionsreductions achieved by shutting down an existing emission unit or curtailing production

or operating hours may be generally credited for offsets if they meet the following requirements:

7.4.a. Such reductions are surplus, permanent, quantifiable, federally enforceable.

7.4.b. The shutdown or curtailment occurred on or after the date specified in the attainment plan, and

ifsuch date is on or after the date of the mostrecent emission inventory used in the attainment demonstration. 

Where the plan does not specify a cutoff date for shutdown credits, the date of the most recent emissions

inventory or attainment demonstration shall apply. However, no may credit be given for shutdowns which

occurred prior to August 7, 1977.

7.5. Emissionsreductions achieved by shutting down an existing emissions unit or curtailing production

or operating hours and that do not meet the requirements in subdivision 7.4.b may be generally credited only

if:

7.5.a. The shutdown or curtailment occurred on or after the date the construction permit application

is filed, or

7.5.b. The applicant can establish that the proposed new emissions unit is a replacement for the

shutdown or curtailed emissions unit, and the emissionsreductions achieved by the shutdown or curtailment

met the requirements of subdivision 7.4.a.

7.6. No emissions credit may be allowed for replacing one hydrocarbon compound with another of

lesser reactivity, except for those compounds listed in Table 1 of USEPA’s “Recommended Policy on

Control of Volatile Organic Compounds” (42 FR 35314, July 8, 1977).

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7.7. All emission reductions claimed as offset credit shall be federally enforceable.

§45-19-8. Location of Emissions Offsets.

8.1. Emissions offsets shall be obtained from sources located as close to the proposed major stationary

or major modified source site as possible. Except for ozone nonattainment areas, these emissions offsets

must be obtained from the same nonattainment area as the proposed major source or major modification.

8.2. The Secretary, by petition, may allow emissions offsets from sources located at greater distances

from the proposed major stationary source or major modification provided that an adequate demonstration

that nearby offsets were investigated and reasonable alternatives which provide a positive net air quality

benefit are not available is submitted by the applicant, subject to the following provisions:

8.2.a X. Emission offsets for VOC or NO will generally be acceptable from sources located within the

same ozone nonattainment area or from other ozone nonattainment areas of equal or higher classification

which can be shown to cause or significantly contribute to the ozone problem at the proposed new or

modified source location; and

8.2.b 2 2.5. Emission offsets for sources of sulfur dioxide (SO ), and fine particulate matter (PM ) shall

be obtained from an existing or shutdown facility, on the same premises or in the immediate vicinity of the

proposed source.

8.3. If such allowance is granted, as provided for in subsection 8.2, the Secretary may increase the ratio

of the required offsets for such source.

8.4. In order to ensure that the emission offsets will provide a positive net air quality benefit, the

Secretary may performthe necessary analysis or require the applicant to submit appropriate modeling results

for review.

8.5. The appropriate modeling referred to in subsection 8.4 is as follows:

8.5.a 2 2.5. For SO and PM , the source’s allowable emissionsshall be used in an atmospheric simulation

model to ensure that the emission offsets provide a positive net air quality benefit. It may, however, be

assumed that if the emission offsets are obtained from an existing or shutdown source on the same premises

or in the immediate vicinity of the proposed major stationary source or major modification and the pollutants

disperse from substantially the same effective stack height, the air quality test of subdivision 4.1.d will be

met without the necessity of modeling. Thus, when stack emissions are offset against a ground level source

at the same time, modeling would be required.

8.5.b. Atmospheric simulation modeling for ozone impacts is not necessary for volatile organic

compounds and NOX. For such pollutants, meeting the requirements of subdivisions 4.1.c and 8.2.a will be

adequate.

8.5.c X. Proposed sources of VOC or NO locating in a designated nonattainment area for ozone shall

be subject to the provisions of section 4.

8.5.d X. Proposed VOC or NO sources locating within thirty-six (36) hours travel time (under wind

conditions associated with concentrations exceeding the NAAQS for ozone) of a nonattainment monitor are

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subject to section 4.

8.6. Credit for an emissions reduction can be claimed to the extent that the Secretary has not relied on

it in issuing any permit under 45CSR14 or 45CSR19 or the Secretary has not relied on it in a demonstration

of attainment or reasonable further progress.

8.7. The total amount of increased emissions, in tons per year, resulting from a major modification that

must be offset shall be determined by summing the difference between the allowable emissions after the

modification and the actual emissions before the modification for each emissions unit.

§45-19-9. Administrative Procedures for Emission Offset Proposals.

9.1. Emission offsets may be proposed by the applicant for the proposed major stationary source or

major modification, the local community or the Secretary.

9.1.a. The emission offsets committed to must be accomplished by the applicant’s proposed start-up

date, except when such proposed source is a replacement for a source that is being shut down in order to

provide the necessary benefits; in such cases the Secretary may allow up to one hundred eighty (180) days

for shakedown of the new source before the existing source is required to cease operation. Such an

allowance must be requested by the applicant and contained, if granted, within the construction permit.

9.1.b. If the emission reductions which are to be used as offset credit for a proposed major stationary

source or major modification are to be obtained in a State that neighbors West Virginia, or from another

source at another site not controlled by the applicant, the offsets committed to must be embodied in a USEPA

approved State Implementation Plan revision in the neighboring State and must be federally enforceable and

enforceable by both such neighboring State and the Secretary and at all participating sources.

9.2. The applicant may propose emission offsets which involve:

9.2.a. Reductions from sources controlled by the applicant; or

9.2.b. Reductions from neighboring sources not controlled by the applicant.

9.3. A state or local community which desires that a major stationary source or major modification

locate in its area may commit to reducing emissions from existing sources to sufficiently offset the impact

of such proposed source.

9.4. Any emission offset proposal described in subsection 9.2 must be embodied either in the

applicant’s permit application and permit if such offsets are directly controlled by the applicant or if from

neighboring sources located in the State not controlled by the applicant, in a consent order as provided in

W.Va. Code §22-5-5, which such consent order shall be submitted to the USEPA for inclusion in the State

Implementation Plan.

§45-19-10. [Reserved.]

§45-19-11. [Reserved.]

§45-19-12. Reasonable Further Progress.

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12.1. By the time the proposed major source or major modification isto commence operation, sufficient

offsetting emissionsreductionsshall be in effectsuch that the total allowable emissionsfromexisting sources

in the area, from new or modified sources which are not major sources and from the proposed source will

be sufficiently less than total emissions from existing sources prior to the application for the permit to

construct or modify so as to represent, when considered together with the plan provisions required under

section 172 of the act (42 USC 7502), reasonable further progress.

12.2. For the purposes of satisfying the requirements of subsection 12.1:

12.2.a. The determination of total emissions at both the time prior to the application for a permit

subject to the requirements of this chapter and the time the permitted source or modification would

commence operation, shall be made in a manner consistent with the assumptions in the applicable state

implementation plan approved by the Administrator concerning baseline emissionsfor the demonstration of

reasonable further progress and attainment of the National Ambient Air Quality Standards for the particular

pollutant subject to review under this chapter; and

12.2.b. To demonstrate reasonable further progress a new or modified source subject to review

under this rule shall obtain offsets in an amount equal to or greater than the amount specified by the

applicable offset ratio. If an offset ratio is not specified, the offset ratio shall be at least 1 to 1.

§45-19-13. Source Impact Analysis.

13.1. The applicant for a preconstruction permit shall demonstrate to the satisfaction of the Secretary

that all of the following conditions are met:

13.1.a. The emissions offsets required under subdivision 4.1.c, when considered in conjunction with

the proposed emissions increase, will have a net air quality benefit in the affected area, as required under

subdivision 4.1.d;

13.1.b. The emissionsfromthe proposed new major source or major modification, when considered

in conjunction with the emissions offsets required under section 4, will not contribute to nonattainment in,

or interfere with maintenance by, any other state with respect to any national primary or secondary ambient

air quality standard;

13.1.c. The emissionsfromthe proposed new major source or major modification, when considered

in conjunction with the emissions offsets required under section 4, will not interfere with measures required

to be included in the applicable implementation plan for any other state under a program for the prevention

of significant deterioration or for the protection of visibility; and

13.1.d. An analysis of alternative sites, sizes, production processes, and environmental control

techniques for the proposed source demonstrates the benefits of the proposed source significantly outweigh

the environmental and social costs imposed as a result of its location, construction or modification.

§45-19-14. Permit Requirements for Major Stationary Sources and Major Modifications.

14.1. Permit Application.

14.1.a. No person shall cause, suffer, allow, or permit the construction or relocation of any major

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45CSR19

stationary source or a major modification to be commenced in any area designated as nonattainment under

§107 of the CAA, without notifying the Secretary of such intent, and obtaining prior to commencement of

construction, modification, or relocation, a permit(s) to so construct, modify or relocate the major stationary

source or major modification.

14.1.b. No person shall cause, suffer, allow or permit the construction or relocation of any major

stationary source or major modification to be commenced anywhere in West Virginia, if the emissions would

cause a violation of a NAAQS or would cause a significant impact on air quality in a designated

nonattainment area, without notifying the Secretary of such intent and obtaining, prior to commencement of

construction, modification or relocation, all necessary preconstruction approvals or permits to so construct,

modify or relocate the major stationary source or major modification.

14.2. The owner or operator of the source shall file with the Secretary a timely and complete permit

application containing sufficient information as, in the judgement of the Secretary, will enable the Secretary

to determine whether such source construction, modification or relocation will be in conformance with the

provisions of any rules promulgated by the Secretary and with the requirements of this rule. Such

information may include, but not be limited to:

14.2.a. A description of the nature, location, design capacity and typical operating schedule of the

source or modification, including specifications and drawings showing its design and plant layout;

14.2.b. A detailed schedule for construction of the source or modification;

14.2.c. A detailed description as to what system of continuous emission reduction is planned by the

source or modification, emission estimates, and any other information as necessary to determine that the

requirement for lowest achievable emission rate as applicable would be met;

14.2.d. The air quality impact of the source or modification, including meteorological and

topographical data necessary to estimate such impact; and

14.2.e. A detailed description of any emission offsets proposed by the applicant.

14.3. Each permit application shall be signed by the owner or operator of the major stationary source or

major modification, and such signature shall constitute an agreement that the applicant will assume

responsibility for the construction, modification, or relocation, and operation of the major stationary source

or major modification in accordance with applicable rules and regulations of the Secretary, the permit

application and any permit issued pursuant to this rule.

14.4. Permit Review.

14.4.a. Within thirty (30) days of the receipt of a permit application for construction or relocation

of a major stationary source or for a major modification, the Secretary shall determine if the application is

complete or if there exists any deficiency in the application or information submitted, and shall notify the

applicant of all such deficiencies, if any. In the event of such a deficiency, the date of receipt of the

application shall be the date on which the Secretary received all required information.

14.4.b. After completing the review of a complete application, the Secretary shall make a

preliminary determination whether a permit shall be approved, approved with conditions or disapproved.

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14.4.c. After the public participation requirements specified in section 15 have been satisfied, the

Secretary shall notify the applicant in writing of the final determination.

14.5. Permit Issuance or Denial.

14.5.a. Within six (6) months of the receipt of a complete permit application for construction or

relocation of a major stationary source or for a major modification, the Secretary shall issue such a permit

unless the Secretary determines that the proposed major stationary source or major modification has not

satisfied the requirements of this rule, will violate applicable emission standards, will interfere with the

attainment or maintenance of applicable ambient air quality standards, or will be inconsistent with the intent

and purpose of this rule, in which case the Secretary shall issue an order for the prevention of such

construction, modification, or relocation.

14.5.b. If the Secretary denies a permit application for the proposed construction or relocation of

any major stationary source or major modification, the order shall set forth the Secretary’s reasons with

reasonable specificity.

14.6. ReasonableConditions. --The Secretary may impose any reasonable conditions as part of a granted

construction, modification or relocation permit. Such conditions may include, but not be limited to, the

submission of periodic progress or operation reports, the provisions of a suitable sampling site, the

installation of pollutant monitoring devices, and the operation and maintenance of ambient air quality

monitoring stations.

§45-19-15. Public Review Procedures.

15.1. At the time that an application for a construction or modification is filed, the applicant shall also

place a Class I legal advertisement in a newspaper of general circulation in the area where the source is or

will be located. No such permit shall be issued to any applicant until at least thirty (30) days notice has been

provided to the public. The advertisement shall contain at a minimum, the name of the applicant, the type

and location of the source, the type and amount of air pollutants that will be discharged, the nature of the

permit being sought, the proposed start-up date for the source and a contact telephone number for more

information.

15.2. The Secretary shall make available in at least one location in the region in which the proposed

source would be constructed a copy of all materials the applicant submitted (excluding data entitled to

protection as confidential information under the Code and any rules pursuant thereto), a copy of the

preliminary determination, and a copy or summary of other materials, if any, considered in making the

preliminary determination.

15.3. The Secretary shall place a Class I legal advertisement in a paper of general circulation in the area

where the proposed source would be constructed, modified, or relocated. The advertisement shall contain,

as a minimum, the name of the applicant, the type and location of the source, the proposed start-up date, the

preliminary determination, notification of the opportunity for written public comment, provisions for

requesting a public meeting, details concerning the time and place of such a meeting if one has already been

scheduled, and notification of the opportunity for comment at a public meeting if such meeting is to be

conducted. A public comment period of thirty (30) days shall be provided and so stated in the advertisement.

15.4. The Secretary shall send a copy of the advertisement to the applicant, to USEPA, and to officials

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and agencies having cognizance over the location where the proposed construction would occur as follows:

any other State or local air pollution control agencies, the chief executives of the city and county where the

source would be located; any comprehensive regional land use planning agency, any State, and any Federal

Land Manager, whose lands may be affected by emissions from the source or modification.

15.5. Public comments submitted within thirty (30) days after the Secretary’s public notification of an

opportunity for comment upon a proposed construction or relocation of a major stationary source or major

modification and comments submitted within a specified period not to exceed fifteen (15) days after any

public meeting to receive comment on such proposed construction, modification, or relocation shall be

considered by the Secretary before making a final decision on the approvability of the application. The

Secretary shall make copies of all comments available for public inspection in the same locations where the

Secretary made available preconstruction information relating to the proposed source or modification.

15.6. The Secretary shall make a final determination whether construction shall be approved, approved

with conditions, or disapproved.

15.7. The Secretary shall notify the applicant in writing of the final determination and make a copy of

such notification available for public inspection at the same location where the Secretary made available

preconstruction information and public comments relating to the proposed source or modification.

§45-19-16. Public Meetings.

16.1. Public meetings to receive comments on permit applications shall be held when the Secretary

deems it appropriate or when substantial interest is expressed, in writing, by persons who might reasonably

be expected to be affected by the proposed major source or major modification.

16.2. The Secretary or the Secretary ‘s designee shall preside over such meetings and ensure that all

interested parties have ample opportunity to present comments. Such meetings shall be held at a convenient

place as near as practicable to the location of the proposed major source or major modification.

16.3. At a reasonable time prior to such meetings, the Secretary shall provide appropriate information

to news media in the area where the proposed source or modification is to be located.

§45-19-17. Permit Transfer, Cancellation and Responsibility.

17.1. Permit Transfer. -- A permittee may petition the Secretary for a transfer of a permit previously

issued under 45CSR19. The Secretary shall approve such permit transfer provided the following conditions

are met:

17.1.a. The permittee, in the petition, describes the reasons for the requested permit transfer and

certifies that the subject source is in compliance with all the provisions and requirements of its permit, and

17.1.b. The transferee provides written acknowledgment that it accepts and will comply with all the

requirements, terms, and conditions as contained in the subject permit.

17.2. Permit Cancellation.

17.2.a. The Secretary shall cancel or suspend a permit if, after eighteen (18) months from the date

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45CSR19

of issuance the holder of the permit cannot provide the Secretary, at the Secretary’s request, with written

proof of a good faith effort that such construction, modification or relocation has commenced and remains

ongoing. Such proof shall be provided not later than thirty (30) days after the Secretary’s request.

17.2.b. The Secretary may cancel or suspend the permit if the plans and specifications upon which

the approval was based or the conditions established in the permit are not adhered to. Upon notice of the

Secretary’s intent to suspend, modify or revoke a permit, the permit holder may request a conference with

the Secretary in accordance with the provisions of W.Va. Code §22-5-5 to show cause why the permit shall

not be suspended, modified or revoked.

17.3. Responsibility.

17.3.a. Possession of a permit does not relieve any person of the responsibility of complying with

any and all rules of the Secretary or W.Va. Code §22-1-1 et seq. and any other requirements under local,

State or Federal law.

17.3.b. A source which has not operated at least five hundred (500) hours in one 12-month period

within the past previous five-year time period may be considered permanently shutdown, unlesssuch source

can provide to the Secretary, with reasonable specificity, information to the contrary. All permits may be

modified or revoked and/or reapplication or application for new permits may be required for any source

determined to be permanently shutdown.

17.3.c. Any person who owns or operates any particular source or modification which becomes a

major stationary source or major modification solely by virtue of a relaxation in any limitation, enforceable

by the Administrator or the Secretary, on the capacity of the source or modification otherwise to emit a

pollutant (such as a restriction on hours of operation), shall become subject to the requirements of this rule

as though construction had not yet commenced on the source or modification.

17.3.d. Any owner or operator who constructs, modifies or operates a stationary source not in

accordance with the permit application submitted or with the terms of any approval to construct, or any

owner or operator of a stationary source or modification subject to this rule who commences construction

without applying for and receiving permit approval from the Secretary, shall be subject to appropriate

enforcement action in accordance with the W.Va. Code.

17.4. Except as otherwise provided in subdivision 17.4.f, the following specific provisions apply with

respect to any regulated NSR pollutant emitted fromprojects at existing emissions units at a major stationary

source, other than projects at a source with a PAL, in circumstances where there is a reasonable possibility,

within the meaning of subdivision 17.4.f, that a project that is not a part of a major modification may result

in a significant emissions increase of such pollutant, and the owner or operator elects to use the method

specified in subdivisions 2.59.a through 2.59.c for calculating projected actual emissions:

17.4.a. Before beginning actual construction of the project, the owner or operator shall document

and maintain a record of all of the following:

17.4.a.1. A description of the project;

17.4.a.2. Identification of the emissions unit or units whose emissions of a regulated NSR air

pollutant could be affected by the project; and

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17.4.a.3. A description of the applicability test used to determine that the project is not a major

modification for any regulated NSR air pollutant, including the baseline actual emissions, the projected

actual emissions, the amount of emissions excluded under subdivision 2.59.c and an explanation why the

amount was excluded, and any netting calculations, if applicable;

17.4.b. If the emissions unit is an existing electric utility steam generating unit, before beginning

actual construction, the owner or operatorshall provide a copy of the information required under subdivision

17.4.a to the Secretary. Nothing in this subdivision shall be construed to require the owner or operator of

such a unit to obtain any determination from the Secretary before beginning actual construction.

17.4.c. The owner or operatorshall monitor the emissions of any regulated NSR pollutant that could

increase as a result of the project and that is emitted by any emissions unit identified in subdivision 17.4.b. 

The owner or operator shall calculate and maintain a record of the annual emissions, in tons per year on a

calendar year basis, for a period of 5 years following resumption of regular operations after the change, or

for a period of 10 years following resumption of regular operations after the change if the project increases

the design capacity or potential to emit of that regulated NSR pollutant at such emissions unit.

17.4.d. If the emissions unit is an existing electric utility steam generating unit, the owner or

operator shall submit a report to the Secretary within 60 days after the end of each year during which records

must be generated under subdivision 17.4.c setting out the unit’s annual emissions during the calendar year

that preceded submission of the report.

17.4.e. If the emissions unit is an existing unit other than an electric utility steam generating unit,

the owner or operator shall submit a report to the Secretary if the annual emissions, in tons per year, from

the project identified in subdivision 17.4.a, exceed the baseline actual emissions, as documented and

maintained pursuant to subdivision 17.4.c, by a significant amount for that regulated NSR air pollutant, and

if the emissions differ from the preconstruction projection that was provided to the Secretary pursuant to

subdivision 17.4.b. The report shall be submitted to the Secretary within 60 days after the end of the year. 

The report shall contain the following information:

17.4.e.1. The name, address and telephone number of the major stationary source;

17.4.e.2. The annual emissions as calculated pursuant to paragraph 17.4.a.3; and

17.4.e.3. Any other information that the owner or operator wishes to include in the report, e.g., an

explanation as to why the emissions differ from the preconstruction projection.

17.4.f. A “reasonable possibility” under subsection 17.4 occurs when the owner or operator

calculates the project to result in either:

17.4.f.1. A projected actual emissions increase of at least 50 percent of the amount that is a

“significant emissions increase,” as defined under subsection 2.67 (without reference to the amount that is

a significant net emissions increase), for the regulated NSR pollutant; or

17.4.f.2. A projected actual emissions increase that, added to the amount of emissions excluded

under subdivision 2.59.c, sums to at least 50 percent of the amount that is a “significant emissions increase,”

as defined under subsection 2.67 (without reference to the amount that is a significant net emissions

increase), for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only

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within the meaning of this paragraph, and not also within the meaning of paragraph 17.4.f.1, then provisions

under subdivisions 17.4.b through 17.4.e do not apply to the project.

17.5. The owner or operator of the source shall make the information required to be documented and

maintained pursuant to subsection 17.4 available for review upon request for inspection by the Secretary or

the public.

17.6. The requirements of this rule applicable to major stationary sources and major modifications of

volatile organic compoundsshall apply to nitrogen oxides emissionsfrommajor stationary sources and major

modifications of nitrogen oxides in an ozone transport region or in any ozone nonattainment area, except in

ozone nonattainment areas or in portions of an ozone transport region where the Administrator has granted

a NOX waiver applying the standards set forth under section 182(f) of the CAA and the waiver continues to

apply.

17.7. Emission Offset Ratios.

17.7.a. In meeting the emissions offset requirements of subsection 7.1, the ratio of total actual

emissions reductions to the emissions increase shall be at least 1:1 unless an alternative ratio is provided for

the applicable nonattainment area in subdivisions 17.7.b through 17.7.d.

17.7.b. In meeting the emissions offsetrequirements of subsection 7.1 for ozone nonattainment areas

that are subject to Title I, Part D, Subpart 2 of the CAA, the ratio of total actual emissionsreductions of VOC

to the emissions increase of VOC shall be as follows:

17.7.b.1. In any marginal nonattainment area for ozone -- at least 1.1:1;

17.7.b.2. In any moderate nonattainment area for ozone -- at least 1.15:1;

17.7.b.3. In any serious nonattainment area for ozone -- at least 1.2:1;

17.7.b.4. In any severe nonattainment area for ozone -- at least 1.3:1 (except that the ratio may be

at least 1.2:1 if the approved plan also requires all existing major sources in such nonattainment area to use

BACT for the control of VOC); and

17.7.b.5. In any extreme nonattainment area for ozone -- at least 1.5:1 (except that the ratio may

be at least 1.2:1 if the approved plan also requires all existing major sources in such nonattainment area to

use BACT for the control of VOC); and

17.7.c. Notwithstanding the requirements of subdivision 17.7.b for meeting the requirements of

subsection 7.1, the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall

be at least 1.15:1 for all areas within an ozone transport region that is subject to Title I, Part D, Subpart 2 of

the CAA, except for serious, severe, and extreme ozone nonattainment areas that are subject to Title I, Part

D, Subpart 2 of the CAA.

17.7.d. In meetingthe emissions offsetrequirements of subsection 7.1 for ozone nonattainment areas

that are subject to Title I, Part D, Subpart 1 of the CAA (but are not subject to Title I, Part D, Subpart 2 of

the CAA, including 8-hour ozone nonattainment areas subject to 40 CFR 51.902(b)), the ratio of total actual

emissions reductions of VOC to the emissions increase of VOC shall be at least 1:1.

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17.8. The requirements of this rule applicable to major stationary sources and major modifications of

PM10 10shall also apply to major stationary sources and major modifications of PM precursors, except where

10

the Administrator determines that such sources do not contribute significantly to PM levels that exceed the

PM10 ambient standards in the area.

17.9. In meeting the emissions offset requirements of section 7, the emissions offsets obtained shall be

for the same regulated NSR pollutant unless interprecursor offsetting is permitted for a particular pollutant

as 2.5specified in this subsection. The offset requirements in section 7 for direct PM emissions or emissions

of precur 2.5 2.5sors of PM may be satisfied by offsetting reductionsin direct PM emissions or emissions of any

PM2.5 precursor identified under subdivision 2.61.c if such offsets comply with the following interprecursor

trading ratios:

17.9 X 2.5 X 2.5.a. NO to primary PM -- 200 tons of NO for 1 ton of PM ; and 

17.9 2 2.5 2 2.5.b. SO to primary PM -- 40 tons of SO for 1 ton of PM .

§45-19-18. Disposition of Permits.

18.1. In the event that the Secretary promulgates revisions to this rule, or in the event of a redesignation

of an attainment or non-attainment area (in accordance with §107 of the CAA) prior to final disposition of

a permit, the Secretary shall make final disposition of the permit application in accordance with such newly

promulgated standards or redesignation.

§45-19-19. Requirements for Air Quality Models.

19.1. All estimates of ambient concentrations required under this rule shall be based on the applicable

air quality models, data bases, and other requirements specified in 40 CFR Part 51, Appendix W (Guideline

on Air Quality Models).

19.2. Where an air quality impact model specified in 40 CFR Part 51, Appendix W (Guideline on Air

Quality Models)isinappropriate, themodel may be modified or another model substituted, provided that said

modification or substitution is approved in writing by the Administrator.

§45-19-20. [Reserved.]

§45-19-21. [Reserved.]

§45-19-22. [Reserved.]

§45-19-23. Actuals PAL.

23.1. Applicability.

23.1.a. The Secretary may approve the use of an actuals PAL for any existing major stationary

source, except as provided in subdivision 23.1.b, if the PAL meets the requirements in subsections 23.1

through 23.15. The term “PAL” shall mean “actuals PAL” throughout section 23.

23.1 X.b. The Secretary shall not allow an actuals PAL for VOC or NO for any major stationary

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source located in an extreme ozone nonattainment area.

23.1.c. Any physical change in or change in the method of operation of a major stationary source

that maintains its total source-wide emissions below the PAL level, meets the requirements in subsections

23.1 through 23.15, and complies with the PAL permit:

23.1.c.1. Is not a major modification for the PAL pollutant;

23.1.c.2. Does not have to be approved through the plan’s nonattainmentmajor NSR program; and

23.1.c.3. Is notsubject to the provisions in subdivision 17.3.c (restrictions on relaxing enforceable

emission limitations that the major stationary source used to avoid applicability of the nonattainment major

NSR program).

23.1.d. Except as provided under paragraph 23.1.c.3, a major stationary source shall continue to

comply with all applicable Federal or State requirements, emission limitations, and work practice

requirements that were established prior to the effective date of the PAL.

23.2. Allowable emissions. -- For purposes of section 23, the term “allowable emissions” means

“allowable emissions” as defined in subsection 2.4, except as this definition is modified according to

subdivisions 23.2.a through 23.2.b.

23.2.a. The allowable emissionsfor any emissions unit shall be calculated considering any emission

limitations that are enforceable as a practical matter on the emissions unit’s potential to emit.

23.2.b. An emissions unit’s potential to emit shall be determined using the definition in subsection

2.55, except that the words “or enforceable as a practical matter” shall be added after “federally enforceable.”

23.3. Permit application requirements. -- As part of a permit application submitted pursuant to 45CSR13

requesting a PAL, the owner or operator of a major stationary source shall submit the following information

to the Secretary for approval:

23.3.a. A list of all emissions units at the source designated as small, significant or major based on

their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, Federal

or State applicable requirements, emission limitations or work practices apply to each unit.

23.3.b. Calculations of the baseline actual emissions, with supporting documentation. Baseline

actual emissions are to include emissions associated not only with operation of the unit, but also emissions

associated with startup, shutdown and malfunction.

23.3.c. The calculation procedures that the major stationary source owner or operator proposes to

use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month

rolling total for each month as required by subdivision 23.11.a.

23.4. General requirements for establishing PALs.

23.4.a. The Secretary may establish a PAL at a major stationary source, provided that at a minimum,

the requirements in paragraphs 23.4.a.1 through 23.4.a.7 are met.

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23.4.a.1. The PAL shall impose an annual emission limitation in tons per year, that is enforceable

as a practical matter, for the entire major stationary source. For each month during the PAL effective period

after the first 12 months of establishing a PAL, the major stationary source owner or operator shall show that

the sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive

months is less than the PAL (a 12-month average, rolled monthly). For each month during the first 11

months from the PAL effective date, the major stationary source owner or operator shall show that the sum

of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is

less than the PAL.

23.4.a.2. The PAL shall be established in a PAL permit that meets the public participation

requirements in subsection 23.5.

23.4.a.3. The PAL permit shall contain all the requirements of subsection 23.7.

23.4.a.4. The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions

units that emit or have the potential to emit the PAL pollutant at the major stationary source.

23.4.a.5. Each PAL shall regulate emissions of only one pollutant.

23.4.a.6. Each PAL shall have a PAL effective period of 10 years.

23.4.a.7. The owner or operator of the major stationary source with a PAL shall comply with the

monitoring, recordkeeping, and reporting requirements provided in subsections 23.12 through 23.14 for each

emissions unit under the PAL through the PAL effective period.

23.4.b. At no time (during or after the PAL effective period) are emissions reductions of a PAL

pollutant, which occur during the PAL effective period, creditable as decreases for purposes of offsets under

subsections 7.2 through 7.6, 8.1 through 8.2 and 8.6 through 8.9 unless the level of the PAL is reduced by

the amount of such emissionsreductions and such reductions would be creditable in the absence of the PAL.

23.5. Public participation requirement for PALs. -- PALs for existing major stationary sources shall be

established, renewed, or increased through a procedure that is consistent with 40 CFR §§ 51.160 and 51.161. 

The Secretary shall provide the public with notice of the proposed approval of a PAL permit and at least a

30-day period for submittal of public comment. The Secretary must address all material comments before

taking final action on the permit.

23.6. Setting the 10-year actuals PAL level.

23.6.a. Except as provided in subdivision 23.6.b, the actuals PAL level for a major stationary source

shall be established as the sum of the baseline actual emissions (as defined in subsection 2.53) of the PAL

pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for

the PAL pollutant under subsection 2.66 or under the CAA, whichever is lower. When establishing the

actuals PAL level, for a PAL pollutant, only one consecutive 24-month period must be used to determine the

baseline actual emissionsfor all existing emissions units. However, a different consecutive 24-month period

may be used for each different PAL pollutant. Emissions associated with units that were permanently

shutdown after this 24-month period must be subtracted from the PAL level. The Secretary shall specify

a reduced PAL level(s) (in tons/yr) in the PAL permit to become effective on the future compliance date(s)

of any applicable Federal or State regulatory requirement(s) that the Secretary is aware of prior to issuance

36
45CSR19

of the PAL permit. For instance, if the source owner or operator will be required to reduce emissions from

X

industrial boilers in half from baseline emissions of 60 ppm NO to a new rule limit of 30 ppm, then the

permit shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the

original baseline emissions of such unit(s).

23.6.b. For newly constructed units(which do not include modifications to existing units) on which

actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as

specified in subdivision 23.6.a, the emissions must be added to the PAL level in an amount equal to the

potential to emit of the units.

23.7. Contents of the PAL permit. -- The PAL permit shall contain, at a minimum, the information in

subdivisions 23.7.a through 23.7.j.

23.7.a. The PAL pollutant and the applicable source-wide emission limitation in tons per year.

23.7.b. The PAL permit effective date and the expiration date of the PAL (PAL effective period).

23.7.c. Specification in the PAL permit that if a major stationary source owner or operator applies

to renew a PAL in accordance with subsection 23.10 before the end of the PAL effective period, then the

PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL

permit is issued by the Secretary.

23.7.d. A requirement that emission calculations for compliance purposes include emissions from

startups, shutdowns and malfunctions.

23.7.e. A requirement that, once the PAL expires, the major stationary source is subject to the

requirements of subsection 23.9.

23.7.f. The calculation procedures that the major stationary source owner or operator shall use to

convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling

total for each month as required by subdivision 23.13.a.

23.7.g. A requirement that themajor stationary source owner or operator monitor all emissions units

in accordance with the provisions under subsection 23.12.

23.7.h. A requirement to retain the records required under subsection 23.3 on site. Such records may

be retained in an electronic format.

23.7.i. A requirement to submit the reports required under subsection 23.14 by the required

deadlines.

23.7.j. Any other requirements that the Secretary deems necessary to implement and enforce the

PAL.

23.8. PAL effective period and reopening of the PAL permit.

23.8.a. PAL effective period. -- The Secretary shall specify a PAL effective period of 10 years.

37
45CSR19

23.8.b. Reopening of the PAL permit.

23.8.b.1. During the PAL effective period, the Secretary shall reopen the PAL permit to:

23.8.b.1.A. Correct typographical or calculation errors made in setting the PAL or reflect a

more accurate determination of emissions used to establish the PAL.

23.8.b.1.B. Reduce the PAL if the owner or operator of the major stationary source creates

creditable emissions reductions for use as offsets under subsections 7.2 through 7.6, 8.1 through 8.2 and 8.6

through 8.9.

23.8.b.1.C. Revise the PAL to reflect an increase in the PAL as provided under subsection

23.11.

23.8.b.2. The Secretary may reopen the PAL permit for the following:

23.8.b.2.A. Reduce the PAL to reflect newly applicable Federal requirements (for example,

NSPS) with compliance dates after the PAL effective date.

23.8.b.2.B. Reduce the PAL consistent with any other requirement, that is enforceable as a

practical matter, and that the Secretary may impose on the major stationary source under the plan.

23.8.b.2.C. Reduce the PAL if the Secretary determines that a reduction is necessary to avoid

causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality

related value that has been identified for a Federal Class I area by a Federal Land Manager and for which

information is available to the general public.

23.8.b.3. Except for the permit reopening in subparagraph 23.8.b.1.A for the correction of

typographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried out

in accordance with the public participation requirements of subsection 23.5.

23.9. Expiration of a PAL. -- Any PAL which is not renewed in accordance with the procedures in

subsection 23.10 shall expire at the end of the PAL effective period, and the requirements in subdivision

23.9.a through 23.9.e shall apply.

23.9.a. Each emissions unit (or each group of emissions units) that existed under the PAL shall

comply with an allowable emission limitation under a revised permit established according to the procedures

in paragraphs 23.9.a.1 through 23.9.a.2.

23.9.a.1. Within the time frame specified for PAL renewals in subdivision 23.10.b, the major

stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each

group of emissions units, if such a distribution is more appropriate as decided by the Secretary) by

distributing the PAL allowable emissions for the major stationary source among each of the emissions units

that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became

effective during the PAL effective period, as required under subdivision 23.10.e, such distribution shall be

made as if the PAL had been adjusted.

23.9.a.2. The Secretary shall decide whether and how the PAL allowable emissions will be

38
45CSR19

distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group

of emissions units, as the Secretary determines is appropriate.

23.9.b. Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month

rolling basis. The Secretary may approve the use of monitoring systems (source testing, emission factors,

etc.) other than CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission

limitation.

23.9.c. Until the Secretary issues the revised permit incorporating allowable limits for each

emissions unit, or each group of emissions units, as required under paragraph 23.9.a.1, the source shall

continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission

limitation.

23.9.d. Any physical change or change in themethod of operation at themajor stationary source will

be subject to the nonattainment major NSR requirements if such change meets the definition of major

modification in subdivision 2.33.

23.9.e. The major stationary source owner or operator shall continue to comply with any State or

Federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL

effective period or prior to the PAL effective period except for those emission limitations that had been

established pursuant to subdivision 17.3.c, but were eliminated by the PAL in accordance with the provisions

in paragraph 23.1.c.3.

23.10. Renewal of a PAL.

23.10.a. The Secretary shall follow the procedures specified in subsection 23.5 in approving any

request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a

written rationale for the proposed PAL level to the public for review and comment. During such public

review, any person may propose a PAL level for the source for consideration by the Secretary.

23.10.b. Application deadline. -- The owner or operator of a major stationary source shall submit a

timely application to the Secretary to request renewal of a PAL. A timely application is one that issubmitted

at least 6 months prior to, but not earlier than 18 months from, the date of permit expiration. This deadline

for application submittal is to ensure that the permit will not expire before the permit is renewed. If the

owner or operator of a major stationary source submits a complete application to renew the PAL within this

time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is

issued.

23.10.c. Application requirements. -- The application to renew a PAL permit shall contain the

information required in paragraphs 23.10.c.1 through 23.10.c.4.

23.10.c.1. The information required in subdivisions 23.3.a through 23.3.c.

23.10.c.2. A proposed PAL level.

23.10.c.3. The sum of the potential to emit of all emissions units under the PAL (with supporting

documentation).

39
45CSR19

23.10.c.4. Any other information the owner or operator wishes the Secretary to consider in

determining the appropriate level for renewing the PAL.

23.10.d. PAL adjustment. -- In determining whether and how to adjust the PAL, the Secretary shall

consider the options outlined in paragraphs 23.10.d.1 and 23.10.d.2. However, in no case may any such

adjustment fail to comply with paragraph 23.10.d.3.

23.10.d.1. If the emissions level calculated in accordance with subsection 23.6 is equal to or

greater than 80 percent of the PAL level, the Secretary may renew the PAL at the same level without

considering the factors set forth in paragraph 23.10.d.2.; or 

23.10.d.2. The Secretary may set the PAL at a level that it determines to be more representative

of the source’s baseline actual emissions, or that it determines to be appropriate considering air quality needs,

advances in control technology, anticipated economic growth in the area, desire to reward or encourage the

source’s voluntary emissions reductions, or other factors as specifically identified by the Secretary in its

written rationale.

23.10.d.3. Notwithstanding paragraphs 23.10.d.1 and 23.10.d.2,

23.10.d.3.A. If the potential to emit of the major stationary source is less than the PAL, the

Secretary shall adjust the PAL to a level no greater than the potential to emit of the source; and

23.10.d.3.B. The Secretary shall not approve a renewed PAL level higher than the current PAL,

unless the major stationary source has complied with the provisions of subsection 23.11 (increasing a PAL).

23.10.e. If the compliance date for a State or Federal requirement that applies to the PAL source

occurs during the PAL effective period, and if the Secretary has not already adjusted for such requirement,

the PAL shall be adjusted at the time of PAL permit renewal or title V permit renewal, whichever occurs

first.

23.11. Increasing a PAL during the PAL effective period.

23.11.a. The Secretary may increase a PAL emission limitation only if the major stationary source

complies with the provisions in paragraphs 23.11.a.1 through 23.11.a.4.

23.11.a.1. The owner or operator of the major stationary source shall submit a complete

application to request an increase in the PAL limit for a PAL major modification. Such application shall

identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary

source’s emissions to equal or exceed its PAL.

23.11.a.2. As part of this application, the major stationary source owner or operator shall

demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the

baseline actual emissions of the significant and major emissions units assuming application of BACT

equivalent controls, plus the sum of the allowable emissions of the new or modified emissions unit(s)

exceeds the PAL. The level of control that would result from BACT equivalent controls on each significant

or major emissions unit shall be determined by conducting a new BACT analysis at the time the application

is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement

that was established within the preceding 10 years. In such a case, the assumed control level for that

40
45CSR19

emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently

comply.

23.11.a.3. The owner or operator obtains a major NSR permit for all emissions unit(s) identified

in paragraph 23.11.a.1, regardless of the magnitude of the emissions increase resulting from them (that is,

no significant levels apply). These emissions unit(s)shall comply with any emissionsrequirements resulting

from the nonattainment major NSR program process (for example, LAER), even though they have also

become subject to the PAL or continue to be subject to the PAL.

23.11.a.4. The PAL permit shall require that the increased PAL level shall be effective on the

day any emissions unit that is part of the PAL major modification becomes operational and begins to emit

the PAL pollutant.

23.11.b. The Secretary shall calculate the new PAL as the sum of the allowable emissions for each

modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major

emissions units (assuming application of BACT equivalent controls as determined in accordance with

paragraph 23.11.a.2), plus the sum of the baseline actual emissions of the small emissions units.

23.11.c. The PAL permit shall be revised to reflect the increased PAL level pursuant to the public

notice requirements of subsection 23.5.

23.12. Monitoring requirements for PALs.

23.12.a. General requirements.

23.12.a.1. Each PAL permit must contain enforceable requirements for the monitoring system

that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any

monitoring system authorized for use in the PAL permit must be based on sound science and meet generally

acceptable scientific procedures for data quality and manipulation. Additionally, the information generated

by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce

the PAL permit.

23.12.a.2. The PAL monitoring system must employ one or more of the four general monitoring

approaches meeting the minimumrequirements set forth in paragraphs 23.12.b.1 through 23.12.b.4 and must

be approved by the Secretary.

23.12.a.3. Notwithstanding paragraph 23.12.a.2, you may also employ an alternative monitoring

approach that meets paragraph 23.12.a.1 if approved by the Secretary.

23.12.a.4. Failure to use a monitoring systemthat meets the requirements of this rule rendersthe

PAL invalid.

23.12.b. Minimum Performance Requirements for Approved Monitoring Approaches. -- The

following are acceptable general monitoring approaches when conducted in accordance with the minimum

requirements in subdivisions 23.12.c through 23.12.i:

23.12.b.1. Mass balance calculations for activities using coatings or solvents;

41
45CSR19

23.12.b.2. CEMS;

23.12.b.3. CPMS or PEMS; and 

23.12.b.4. Emission Factors.

23.12.c. Mass Balance Calculations. -- An owner or operator using mass balance calculations to

monitor PAL pollutant emissions from activities using coating or solvents shall meet the following

requirements:

23.12.c.1. Provide a demonstrated means of validating the published content of the PAL

pollutant that is contained in or created by all materials used in or at the emissions unit;

23.12.c.2. Assume that the emissions unit emits all of the PAL pollutant that is contained in or

created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for

in the process; and

23.12.c.3. Where the vendor of a material or fuel, which is used in or at the emissions unit,

publishes a range of pollutant content from such material, the owner or operator must use the highest value

of the range to calculate the PAL pollutant emissions unless the Secretary determines there is site-specific

data or a site-specific monitoring program to support another content within the range.

23.12.d. CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet

the following requirements:

23.12.d.1. CEMSmust comply with applicable Performance Specifications found in40CFRPart

60, appendix B; and

23.12.d.2. CEMS must sample, analyze and record data at least every 15 minutes while the

emissions unit is operating.

23.12.e. CPMS or PEMS. -- An owner or operator using CPMS or PEMS to monitor PAL pollutant

emissions shall meet the following requirements:

23.12.e.1. The CPMS or the PEMS must be based on current site-specific data demonstrating

a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of

operation of the emissions unit; and

23.12.e.2. Each CPMS or PEMS mustsample, analyze, and record data at least every 15 minutes,

or at another less frequent interval approved by the Secretary while the emissions unit is operating.

23.12.f. Emission factors. -- An owner or operator using emission factors to monitor PAL pollutant

emissions shall meet the following requirements:

23.12.f.1. All emission factors shall be adjusted, if appropriate, to account for the degree of

uncertainty or limitations in the factors’ development;

23.12.f.2. The emissions unit shall operate within the designated range of use for the emission

42
45CSR19

factor, if applicable; and

23.12.f.3. If technically practicable, the owner or operator of a significant emissions unit that

relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to

determine a site-specific emission factor within 6 months of PAL permit issuance, unless the Secretary

determines that testing is not required.

23.12.g. A source owner or operator must record and report maximum potential emissions without

considering enforceable emission limitations or operational restrictions for an emissions unit during any

period of time that there is no monitoring data, unless another method for determining emissions during such

periods is specified in the PAL permit.

23.12.h. Notwithstanding the requirements in subdivisions 23.12.c through 23.12.g, where an owner

or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and

the PAL pollutant emissions rate at all operating points of the emissions unit, the Secretary shall, at the time

of permit issuance:

23.12.h.1. Establish default value(s) for determining compliance with the PAL based on the

highest potential emissions reasonably estimated at such operating point(s); or

23.12.h.2. Determine that operation of the emissions unit during operating conditions when there

is no correlation between monitored parameter(s) and the PAL pollutant emissionsis a violation of the PAL.

23.12.i. Re-validation. -- All data used to establish the PAL pollutant must be re-validated through

performance testing or other scientifically valid means approved by the Secretary. Such testing must occur

at least once every 5 years after issuance of the PAL.

23.13. Recordkeeping requirements.

23.13.a. The PAL permit shall require an owner or operator to retain a copy of all records necessary

to determine compliance with any requirement of section 23 and of the PAL, including a determination of

each emissions unit’s 12-month rolling total emissions, for 5 years from the date of such record.

23.13.b. The PAL permitshall require an owner or operator to retain a copy of the following records

for the duration of the PAL effective period plus 5 years:

23.13.b.1. A copy of the PAL permit application and any applications for revisions to the PAL;

and

23.13.b.2. Each annual certification of compliance pursuant to 45CSR30 and the data relied on

in certifying the compliance.

23.14. Reporting and notification requirements. -- The owner or operator shall submit semi-annual

monitoring reports and prompt deviation reports to the Secretary in accordance with 45CSR30. The reports

shall meet the requirements in subdivisions 23.14.a through 23.14.c.

23.14.a. Semi-Annual Report. -- The semi-annual report shall be submitted to the Secretary within

30 days of the end of each reporting period. Thisreport shall contain the information required in paragraphs

43
45CSR19

23.14.a.1 through 23.14.a.7.

23.14.a.1. The identification of owner and operator and the permit number.

23.14.a.2. Total annual emissions (tons/year) based on a 12-month rolling total for each month

in the reporting period recorded pursuant to subdivision 23.13.a.

23.14.a.3. All data relied upon, including, but not limited to, any Quality Assurance or Quality

Control data, in calculating the monthly and annual PAL pollutant emissions.

23.14.a.4. A list of any emissions units modified or added to the major stationary source during

the preceding 6-month period.

23.14.a.5. The number, duration, and cause of any deviations or monitoring malfunctions, other

than the time associated with zero and span calibration checks, and any corrective action taken.

23.14.a.6. A notification of a shutdown of any monitoring system, whether the shutdown was

permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will

be fully operational or replaced with another monitoring system, and whether the emissions unit monitored

by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the

number determined by method included in the permit, as provided by subdivision 23.12.g.

23.14.a.7. A signed statement by the responsible official (as defined by 45CSR30) certifying the

truth, accuracy, and completeness of the information provided in the report.

23.14.b. Deviation report. -- The major stationary source owner or operator shall promptly submit

reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring

is available. A report submitted pursuant to 45CSR30-5.1.c.3 shall satisfy this reporting requirement. The

deviation reports shall be submitted within the time limits prescribed by 45CSR30-5.1.c.3. The reportsshall

contain the following information:

23.14.b.1. The identification of owner and operator and the permit number;

23.14.b.2. The PAL requirement that experienced the deviation or that was exceeded;

23.14.b.3. Emissions resulting from the deviation or the exceedance; and

23.14.b.4. A signed statement by the responsible official (as defined by 45CSR30) certifying the

truth, accuracy, and completeness of the information provided in the report.

23.14.c. Re-validation results. -- The owner or operator shall submit to the Secretary the results of

any re-validation test or method within 3 months after completion of such test or method.

23.15. Transition requirements.

23.15.a. The Secretary shall not issue a PAL that does not comply with the requirements in

subsections 23.1 through 23.15 after the Administrator has approved rules incorporating these requirements

into the West Virginia State Implementation Plan.

44
45CSR19

23.15.b. The Secretary may supersede any PAL which was established prior to the date of approval

of this rule by the Administrator with a PAL that complies with the requirements of subsections 23.1 through

23.15.

§45-19-24. Conflict with Other Permitting Rules.

24.1. For sources required to obtain a permit under this rule, the provisions of 45CSR13 and 45CSR14

requiring a permit do not apply, so that only a single preconstruction permit is required; provided however,

that:

24.1.a. The base permit application fee of $1,000 pursuant to 45CSR22, subdivision 3.4.a shall

apply to such sources in addition to other applicable fees; and

24.1.b. Any permit issued under this rule includes conditions that ensure compliance with the

provisions of 45CSR13 and 45CSR19 to the extent applicable to any regulated NSR pollutant not otherwise

covered under this rule.

24.2. For sources that may be subject to 45CSR13, 45CSR14 and/or 45CSR19, the more stringent

provisions of each applicable rule shall apply.

§45-19-25. Inconsistency Between Rules.

25.1. In the event of any inconsistency between this rule and any other rule of the West Virginia

Department of Environmental Protection, such inconsistency shall be resolved by the determination of the

Secretary and such determination shall be based upon the application of the more stringent provision, term,

condition, method or rule.

45


WEST VIRGINIA LEGISLATURE

Legislative Rule-Making Review Committee

Senator Joseph Minard, Co-Chair

Delegate Bonnie Brown, Co-Chair

Debra A. Graham, Chief Counsel

Felisha N. Sutherland, Administrative Assistant

Rita A. Pauley, Associate Counsel

Brian Skinner, Associate Counsel

Charles Roskovensky, Associate Counsel

Jay Lazell, Associate Counsel

January 8, 2012

NOTICE OF ACTION TAKEN BY THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE

TO: Natalie E. Tennant, Secretary of State, State Register

TO: John A. Benedict, Director

DEP - Air Quality

601 57th Street, SE

Charleston, WV 25304

FROM: Legislative Rule-Making Review Committee

Proposed Rule: Permits for Construction and Major Modifications of Major

Stationary Sources Which Cause or Contribute to

Nonattainment Areas, 45CSR19

The Legislative Rule-Making Review Committee Recommends that the West Virginia

Legislature:

1. Authorize the agency to promulgate the Legislative rule:

(A) as originally filed

(B) as modified by the agency

2. Authorize the agency to promulgate part of the Legislative rule;

a statement of reasons for such recommendation is attached.

3. Authorize the agency to promulgate the Legislative rule with

certain amendments; amendments and a statement of reasons for

such recommendation is attached.

4. Authorize the agency to promulgate the Legislative rule as

modified with certain amendments; amendments and a statement

of reasons for such recommendation is attached.

5. Recommends that the Legislature rule be withdrawn; a statement

of reasons for such recommendation is attached.

Building 1, Room MB-49 1900 Kanawha Boulevard, East Charleston, WV 25305

Phone: (304) 347-4840 Fax: (304) 347-4901 email: felisha.sutherland@wvlegislature.gov

ORIGINAL 

BEFORE THE WEST VIRGINIA DEPARTMENT OF 

ENVIRONMENTAL PROTECTION 

DIVISION OF AIR QUALITY 

In re: Revisions to Rule 45CSR19 - Permits for 

Construction and Major Modification of Major Stationary 

Sources of Air Pollution which Cause or contribute to 

Nonattainment 

Transcript of proceedings had at a public 

hearing in the above-styled matter taken at the West 

Virginia Department of Environmental Protection, Division 

of Air Quality, Conference Room, 601 57th street, S.E. 

Charleston, West Virginia, commencing at 6:45 p.m., on the 

11th day of July, 2011, pursuant to notice. 

MISSY L. YOUNG, C.C.R. 

POST OFFICE BOX 6296 

CHARLESTON, WEST VIRGINIA 25362 

304-205-4929 or 304-539-6192 

1 
Proceedings 2 

\ 

I 

1 PRO C E E DIN G S 

2 MR. DURHAM: This public hearing will now 

3 come to order on this 11th day of July, 2011, at the west 

4 Virginia Department of Environmental Protection 

5 Headquarters. Comments and testimony will be accepted until 

6 the close of this hearing and will be made part of the 

7 rulemaking record. Any question regarding revisions to the 

8 rules will be included with your comments, and any such 

9 question will be answered as part of the response to 

10 comments in the rulemaking record. 

11 The purpose of this public hearing is to 

12 satisfy state rulemaking requirements by accepting comments 

13 on proposed revisions to rule 45CSR19 - Permits for 

14 Construction and Major Modification of Major Stationary 

15 Sources of Air Pollution Which Cause or Contribute to 

16 Nonattainment. 

17 This rule establishes a state construction 

18 permit program consistent with the federal Clean Air Act, 

19 and sets forth the criteria and procedures for major 

20 stationary sources to obtain a permit to construct, operate 

21 and/or modify a major source located in a nonattainment 

22 area or impacting a nonattainment area. Revisions to the 

23 rule include Significant Impact Levels promulgated by EPA. 

MJSS'Ij J! 'Ij(JU/VtJ, e. e./(. (3011) 205-4942 en (304) 539-6/92 
Proceedings 3 

, 

) 

1 The DAQ will submit final rule 45CSR19 as a revision to the 

2 state Implementation Plan. 

3 The floor is now open for comments. 

4 MR. GASPER: Is that a new source of 

5 integration into our present air quality situation? I'm 

6 asking, I guess, that paragraph that tells us just what you 

7 covered there. 

8 MR. MASON: It's a permitting program for -

9 

10 MR. KOTSON: Reg 14 covers construction 

11 permits over most of the state for whether it's permits. 

12 Reg 19, applies to those counties that are essentially a 

13 nonattainment area. So anybody that is requesting a 

14 construction permit in the nonattainment area for the 

15 county that is not an attainment, has to meet those 

16 particular standards in Reg 19. 

17 MR. MASON: Thank you, Mr. Kotson. 

18 MR. GASPER: Don Gasper, from Buckhannon 

19 again, with the Environmental Counsel. The nonattainment 

20 areas, I believe are in cities, maybe six of them in west 

21 Virginia, I think they should be regarded as hot spots and 

22 control the emissions from a regional aspect. I'm not sure 

23 - - are you seeking remedies on the local nonattainment 

MjSSij J!. ij()'UIV9, e. eJ(, (304) .205-494.2 rn (304) 539-619.2 
Proceedings 4 

\ 

) 

1 area, or are you seeking remedy on a regional reduction in 

2 the sulphur nitrogen? I'm, I guess, asking at this point 

3 or recommending that you determine what percent improvement 

4 that you want regionally, and what percent you want 

5 locally. 

6 We have a concern just as you probably do 

7 which is less pain - - which is most feasible. I think we 

8 would like to have that done similarly. But it's a tricky 

9 business. I think we have reached our regional limits, 

10 there's hardly anything additional that we can through into 

11 our air. We might have a trend of more and more 

12 nonattainment areas in class 1 air quality issues, like the 

13 Cranberry River, and some of the wilderness sites, areas, 

14 should also limit any new source, or the present source 

15 emissions. It would be a pattern throughout West Virginia 

16 influenced by the Ohio Valley emissions. 

17 Quite a study, I hope you guys do that kind 

18 of work and make recommendations that are very professional 

19 and tell us what your goals are and how you are reaching 

20 them and what you have to do. I think you will find broad 

21 public support for cleaning up the air. Thank you for your 

22 time. 

23 MR. MASON: Thank you, Mr. Gasper. 

;I1j$$'lj.!!. 'lj(JfJ,(/Vq, e. e.1<. (304) .205-494.2 (J4 (304) 539-619.2 
Proceedings 

1 MS. MAUL: I have a comment on the rule 

2 45CSR19. My name is Mary Ann Maul, I'm a an environmental 

3 lawyer in Charleston, West virginia. I represent Bill 

5 

4 Hughes in a QB case 10-03, the Air Quality Board, an appeal 

5 of two compressor stations that are proposed for Wetzel and 

6 Marshall counties, which all of them had, the wells had 

7 connected to them by pipelines that were constructed to 

8 carry natural gas. 

9 I believe Marshall County is in 

10 nonattainment for ozone. While I mentioned earlier in my 

11 clients concerning where in 14, the major permitting issue 

12 does not reach that issue because we were unsuccessful in 

13 our argument, that the two compressor stations should be 

14 aggregated together for permitting purposes, and also that 

15 the wells connected to each of the two compressor stations 

16 should also be aggregated for permitting purposes. 

17 Had we reached those major permitting 

18 issues and our arguments been answered in the affirmative, 

19 then the issue of Reg 19's application would have become an 

20 issue in the case. Therefore, I want to say again that the 

21 reading in that case concerning Reg 19, and the 

22 applicability of the nonattainment provision should be 

23 considered in your rulemaking. Thank you. 

A1J$$IJj.i!. 1Jj()1J,f!v{f, e. e./(, (304) 205-4942 rn (3011) 539-6192 
) 

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8 

9 

10 

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18 

19 

20 

21 

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23 

Proceedings 

MR. MASON: Thank you. Any other comments 

on 45CSR19? There being nothing further, this public 

hearing for proposed rule 45CSR19 is concluded. 

(WHEREUPON, the hearing was 

concluded at 6:51 p.m.) 

A11)$$tjJ2 tjO'kIVrJ, e.e.I<. (304)205-49420'1- (304) 539-6192 

6 
\ 

J 

Proceedings 7 

STATE OF WEST VIRGINIA, 

COUNTY OF KANAWHA, to-wit: 

I, the undersigned, Missy L. Young, a 

Certified Court Reporter and Notary Public within and for 

the State of West Virginia, duly commissioned and 

qualified, do hereby certify that the foregoing, was taken 

to the best of my skill and ability, a true and accurate 

transcript of all the proceedings had in the aforementioned 

matter. 

Given under my hand and official seal this 

13th day of July 2011. 

Cer 

Notary Pub I 

My commission expires April 15, 2018. 

MJ$$'ij.P. 'ijO'/1/V(l e.e.I<. (304)205-494204 (304) 539-6/92 


45CSR19

TITLE 45

LEGISLATIVE RULE

DEPARTMENT OF ENVIRONMENTAL PROTECTION

AIR QUALITY

SERIES 19

PERMITS FOR CONSTRUCTION AND MAJOR MODIFICATION OF

MAJOR STATIONARY SOURCES OF AIR POLLUTION WHICH

CAUSE OR CONTRIBUTE TO NONATTAINMENT AREAS

§45-19-1. General.

1.1. Scope. -- This rule establishes and adopts a preconstruction permit program to satisfy the

requirements of §§172(c)(5) and 173 of the Clean Air Act (CAA) and the permit requirements of 40 CFR

§51.165 for any area designated nonattainment for any national ambient air quality standard under 40 CFR

Part 81, Subpart C. This preconstruction permit program shall apply to any new major stationary source or

major modification that is major for the pollutant for which the area is designated nonattainment under

§107(d)(1)(A)(i) of the CAA, if the stationary source or modification would locate anywhere in the

designated nonattainment area.

1.1.a. It is the intent of the Secretary that all applications filed by any person to construct major new

or modified stationary air pollution sources, intending to locate in areas with air quality worse than the levels

set to protect the public health and welfare, or that might impact those areas, must adequately meet the preconstruction review procedures and conditions of the Clean Air Act as amended and this rule.

1.1.b. These conditions are designed to ensure that the major new or modified source’s emissions will

be controlled to the greatest degree practicable; that more than equivalent offsetting emission reductions will

be obtained from existing sources; that there will be progress toward achievement of the National Ambient

Air Quality Standards; and that all applicable air pollution regulations adopted by the Secretary will be met.

1.2. Authority. -- W. Va. Code §22-5-4.

1.3. Filing Date. -- June 16, 2011.

1.4. Effective Date. -- June 16, 2011.

1.5. Federal Regulation. -- Unless otherwise indicated, where reference to a federal regulation or

standard appears in this rule, such regulation or standard will, for the purpose of this rule, be construed as

that version which was in effect as of June 1, 2010 June 1, 2011.

1.6. Former Rules. -- This legislative rule amends 45CSR19 “Requirements for Pre-Construction

Review, Determination of Emission Offsets for Proposed New or Modified Stationary Sources of Air

Pollutants and Emission Trading for Intrasource Pollutants Permits for Construction and Major Modification

of Major Stationary Sources of Air Pollution Which Cause or Contribute to Nonattainment” which was filed

April 30, 2010 June 16, 2011 and became effective June 1, 2010 June 16, 2011.

§45-19-2. Definitions.

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2.1. “Actual Emissions” means the actual rate of emissions of a regulated NSR pollutant from an

emissions unit, as determined in accordance with subdivisions 2.1.a through 2.1.c, except that this definition

shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a

PAL under section 23. Instead, subsections 2.59 and 2.9 shall apply for those purposes.

2.1.a. In general, actual emissions as of a particular date shall equal the average rate, in tons per year,

at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the

particular date and which is representative of normal source operation. The Secretary may allow the use of

a different time period upon a determination that it is more representative of normal source operation. Actual

emissions shall be calculated using the unit’s actual operating hours, production rates, and types of materials

processed, stored or combusted during the selected time period.

2.1.b. The Secretary may presume that source-specific allowable emissions for the unit are equivalent

to the actual emissions of the unit.

2.1.c. For any emissions unit that has not begun normal operations on the particular date, actual

emissions shall equal the potential to emit of the unit on that date.

2.2. “Actuals PAL” for a major stationary source means a PAL based on the baseline actual emissions

(as defined in subsection 2.9) of all emissions units (as defined in subsection 2.26) at the source, that emit

or have the potential to emit the PAL pollutant.

2.3. “Administrator” means the Administrator of the United States Environmental Protection Agency

or the Administrator’s duly authorized representative.

2.4. “Allowable emissions” means the emissions rate of a stationary source calculated using the

maximum rated capacity of the source (unless the source is subject to federally enforceable limits, limits

established by the Secretary pursuant to the Secretary’s rules which restrict the operating rate, or hours of

operation, or both) and the most stringent of the following: 

2.4.a. The applicable standards set forth in 40 CFR Part 60 or 61;

2.4.b. The Any applicable State of West Virginia Implementation Plan emissions limitations or permit

conditions, including those with a future compliance date; or 

2.4.c. The applicable federally enforceable emissions limitations or permit conditions, including those

with a future compliance date.

2.5. “Applicable Regulations” means rules of the Secretary as promulgated pursuant to W. Va. Code

§22-5-4, and regulations of the Environmental Protection Agency promulgated pursuant to the Clean Air Act.

2.6. “Applicant” means any person who makes application to the Secretary for a permit to construct,

modify or relocate a source in West Virginia under the provisions of this rule.

2.7. “Air Pollutants” means solids, liquids or gases which, if discharged into the air, may result in a

statutory air pollution.

2.8. “Air Pollution”, or “statutory air pollution”, has the meaning ascribed to it in W. Va. Code §22-5-2.

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45CSR19

2.9. “Baseline actual emissions” means the rate of emissions, in tons per year, of a regulated NSR

pollutant, as determined in accordance with the following:

2.9.a. For any existing electric utility steam generating unit, baseline actual emissions means the

average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-

month period selected by the owner or operator within the 5-year period immediately preceding when the

owner or operator begins actual construction of the project. The Secretary shall allow the use of a different

time period upon a determination that it is more representative of normal source operation.

2.9.a.1. The average rate shall include fugitive emissions to the extent quantifiable, and emissions

associated with startups, shutdowns, and malfunctions.

2.9.a.2. The average rate shall be adjusted downward to exclude any noncompliant emissions that

occurred while the source was operating above any emission limitation that was legally enforceable during

the consecutive 24-month period.

2.9.a.3. For a regulated NSR pollutant, when a project involves multiple emissions units, only

one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions

units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant.

2.9.a.4. The average rate shall not be based on any consecutive 24-month period for which there

is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount

if required by paragraph 2.9.a.2.

2.9.b. For an existing emissions unit (other than an electric utility steam generating unit), baseline

actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the

pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year

period immediately preceding either the date the owner or operator begins actual construction of the project,

or the date a complete permit application is received by the Secretary for a permit required under this rule,

whichever is earlier, except that the 10-year period shall not include any period earlier than November 15,

1990.

2.9.b.1. The average rate shall include fugitive emissions to the extent quantifiable, and emissions

associated with startups, shutdowns, and malfunctions.

2.9.b.2. The average rate shall be adjusted downward to exclude any noncompliant emissions that

occurred while the source was operating above an emission limitation that was legally enforceable during

the consecutive 24-month period.

2.9.b.3. The average rate shall be adjusted downward to exclude any emissions that would have

exceeded an emission limitation with which the major stationary source must currently comply, had such

major stationary source been required to comply with such limitations during the consecutive 24-month

period. However, if an emission limitation is part of a maximum achievable control technology standard that

the Administrator proposed or promulgated under part 63 of this chapter 40 CFR Part 63, the baseline actual

emissions need only be adjusted if the State Secretary has taken credit for such emissions reductions in an

attainment demonstration or maintenance plan consistent with the requirements of subsection 8.6.

2.9.b.4. For a regulated NSR pollutant, when a project involves multiple emissions units, only

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45CSR19

one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions

units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant.

2.9.b.5. The average rate shall not be based on any consecutive 24-month period for which there

is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount

if required by paragraphs 2.9.b.2 and 2.9.b.3.

2.9.c. For a new emissions unit, the baseline actual emissions for purposes of determining the

emissions increase that will result from the initial construction and operation of such unit shall equal zero;

and thereafter, for all other purposes, shall equal the unit’s potential to emit.

2.9.d. For a PAL for a major stationary source, the baseline actual emissions shall be calculated for

existing electric utility steam generating units in accordance with the procedures contained in subdivision

2.9.a, for other existing emissions units in accordance with the procedures contained in subdivision 2.9.b,

and for a new emissions unit in accordance with the procedures contained in subdivision 2.9.c.

2.10. “Begin actual construction” means in general, initiation of physical on-site construction activities

on an emissions unit which are of a permanent nature. Such activities include, but are not limited to,

installation of building supports and foundations, laying of underground pipework, and construction of

permanent storage structures. With respect to a change in method of operating this term refers to those onsite activities other than preparatory activities which mark the initiation of the change.

2.11. “Best available control technology” or “BACT” means an emissions limitation (including a visible

emissions standard) based on the maximum degree of reduction for each regulated NSR pollutant which

would be emitted from any proposed major stationary source or major modification which the Secretary, on

a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs,

determines is achievable for such source or modification through application of production processes or

available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel

combustion techniques for control of such pollutant. In no event shall application of best available control

technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable

standard under 40 CFR Parts 60 or 61. If the Secretary determines that technological or economic limitations

on the application of measurement methodology to a particular emissions unit would make the imposition

of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination

thereof, may be prescribed instead to satisfy the requirement for the application of BACT. Such standard

shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design,

equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent

results.

2.12. “Building, structure, facility or installation” means all of the pollutant-emitting activities which

belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and

are under the control of the same person (or persons under common control) except the activities of any

vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong

to the same “Major Group” (i.e., which have the same two (2)-digit code) as described in the Standard

Industrial Classification Manual, 1987 (U.S. Government Printing Office stock number GPO 0-185-718:QL

3).

2.13. “CAA” means the Clean Air Act, 42 U.S.C. 7401, et seq., as amended by Pub. L. No. 101-549

(November 15, 1990).

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45CSR19

2.14. “Clean coal technology” means any technology, including technologies applied at the

precombustion, combustion, or post combustion stage, at a new or existing facility which will achieve

significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization

of coal in the generation of electricity, or process steam which was not in widespread use as of November

15, 1990.

2.15. “Clean coal technology demonstration project” means a project using funds appropriated under the

heading “Department of Energy-Clean Coal Technology,” up to a total amount of $2,500,000,000 for

commercial demonstration of clean coal technology, or similar projects funded through appropriations for

the Environmental Protection Agency. The Federal contribution for a qualifying project shall be at least 20

percent of the total cost of the demonstration project.

2.16. [Reserved.]

2.17. “Code” means principally W. Va. Code §22-5-1 et seq., and, where applicable, W. Va. Code §22-

18-1 et seq.

2.18. “Commence,” as applied to construction of a major stationary source or major modification, means

that the owner or operator has all necessary preconstruction approvals or permits and either has: 

2.18.a. Begun, or caused to begin, a continuous program of actual on-site construction of the source,

to be completed within a reasonable time; or 

2.18.b. Entered into binding agreements or contractual obligations, which cannot be canceled or

modified without substantial loss to the owner or operator, to undertake a program of actual construction of

the source to be completed within a reasonable time.

2.19. “Construction” means any physical change or change in the method of operation (including

fabrication, erection, installation, demolition or modification of an emissions unit) that would result in a

change in emissions.

2.20. “Continuous emissions monitoring system” or “CEMS” means all of the equipment that may be

required to meet the data acquisition and availability requirements, to sample, condition (if applicable),

analyze, and provide a record of emissions on a continuous basis.

2.21. “Continuous emissions rate monitoring system” or “CERMS” means the total equipment required

for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time).

2.22. “Continuous parameter monitoring system” or “CPMS” means all of the equipment necessary to

meet the data acquisition and availability requirements of this rule, to monitor process and control device

operational parameters (for example, control device secondary voltages and electric currents) and other

information (for example, gas flow rate, O2

 or CO2 concentrations), and to record average operational

parameter value(s) on a continuous basis.

2.23. “Department of Environmental Protection” or “DEP” means the Department of Environmental

Protection which is created by the provisions of West Virginia Code §22-1-1, et seq.

2.24. “Electric utility steam generating unit” means any steam electric generating unit that is constructed

5
45CSR19

for the purpose of supplying more than one-third of its potential electric output capacity and more than 25

MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam

distribution system for the purpose of providing steam to a steam-electric generator that would produce

electrical energy for sale is also considered in determining the electrical energy output capacity of the

affected facility.

2.25. “Emissions” refers to the release, escape, or discharge of air pollutants into the air.

2.26. “Emissions unit” means any part of a stationary source which emits or would have the potential

to emit any regulated NSR pollutant and includes an electric utility steam generating unit as defined in

subsection 2.24. For purposes of this rule, there are two types of emissions units as described in subdivisions

2.26.a and 2.26.b.

2.26.a. A new emissions unit is any emissions unit which is (or will be) newly constructed and

which has existed for less than 2 years from the date such emissions unit first operated.

2.26.b. An existing emissions unit is any emissions unit that does not meet the requirements in

subdivision 2.26.a. A replacement unit, as defined in subsection 2.62, is an existing emissions unit.

2.27. “Federal Land Manager” means, with respect to any lands in the United States, the Secretary of

the department with authority over such lands.

2.28. “Federally enforceable” means all limitations and conditions which are enforceable by the

Administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61, rules and

regulations of the approved State Implementation Plan of the State of West Virginia requirements within any

applicable State implementation plan, any permit requirements established pursuant to 40 CFR §52.21 or this

rule, and including any operating permits issued under a USEPA-approved program that is incorporated into

the State Implementation Plan and expressly requires adherence to any permit issued under such program.

2.29. “Fugitive emissions” means those emissions which could not reasonably pass through a stack,

chimney, vent or other functionally equivalent opening.

2.30. “Intrapollutant Emission Offsets” means that emission offsets may only be achieved for the same

air pollutants which have comparable physical and chemical characteristics and properties (e.g., VOC

increases may not be offset against SO2

 reductions, or coke plant particulate matter may not be offset against

boiler fly ash, or NOX may not be offset against VOC).

2.31. “Lowest achievable emission rate” or (LAER)” means, for any source, that rate of emissions based

on the following, whichever is more stringent: 

2.31.a. The most stringent emissions limitation which is contained in the implementation plan of

any State for such class or category of stationary source, unless the owner or operator of the proposed

stationary source demonstrates that such limitations are not achievable; or 

2.31.b. The most stringent emissions limitation which is achieved in practice by such class or

category of stationary sources. This term when applied to a new or modified emissions unit, means the

lowest achievable emissions rate for such emissions units within the stationary source. In no event shall the

application of this term permit a proposed new or modified stationary source to emit any pollutant in excess

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45CSR19

of the amount allowable under an applicable new source standard of performance.

2.32. “Major emissions unit” means: 

2.32.a. Any emissions unit that emits or has the potential to emit 100 tons per year or more of the

PAL pollutant in an attainment area; or 

2.32.b. Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount

that is equal to or greater than the major source threshold for the PAL pollutant as defined by the CAA for

nonattainment areas. For example, in accordance with the definition of major stationary source in §182(c)

of the CAA, an emissions unit would be a major emissions unit for VOC if the emissions unit is located in

a serious ozone nonattainment area and it emits or has the potential to emit 50 or more tons of VOC per year.

2.33. Major Modification.

2.33.a. “Major modification” means any physical change in or change in the method of operation

of a major stationary source that would result in: 

2.33.a.1. A significant emissions increase of a regulated NSR pollutant (as defined in subsection

2.61.); and 

2.33.a.2. A significant net emissions increase of that pollutant from the major stationary source.

2.33.b. Any significant emissions increase (as defined in subsection 2.67) from any emissions units

or net emissions increase (as defined in subsection 2.39) at a major stationary source that is significant for

volatile organic compounds shall be considered significant for ozone.

2.33.c. A physical change or change in the method of operation shall not include: 

2.33.c.1. Routine maintenance, repair and replacement; 

2.33.c.2. Use of an alternative fuel or raw material by reason of an order under sections 2 (a) and

(b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or

by reason of a natural gas curtailment plan pursuant to the Federal Power Act;

2.33.c.3. Use of an alternative fuel by reason of an order or rule under §125 of the CAA; 

2.33.c.4. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated

from municipal solid waste; 

2.33.c.5. Use of an alternative fuel or raw material by a stationary source which:

2.33.c.5.A. The source was capable of accommodating before December 21, 1976, unless such

change would be prohibited under any federally enforceable permit condition which was established after

December 21, 1976 pursuant to 40 CFR §52.21 or under regulations approved pursuant to 40 CFR subpart

Subpart I or 40 CFR §51.166, or 

2.33.c.5.B. The source is approved to use under any permit issued under this rule; 

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2.33.c.6. An increase in the hours of operation or in the production rate, unless such change is

prohibited under any federally enforceable permit condition which was established after December 21, 1976

pursuant to 40 CFR §52.21 or regulations approved pursuant to 40 CFR Part 51 subpart Subpart I or 40 CFR

§51.166.

2.33.c.7. Any change in ownership at a stationary source.

2.33.c.8. [Reserved.]

2.33.c.9. The installation, operation, cessation, or removal of a temporary clean coal technology

demonstration project, provided that the project complies with: 

2.33.c.9.A. The West Virginia State Implementation Plan, and 

2.33.c.9.B. Other requirements necessary to attain and maintain the National Ambient Air

Quality Standard during the project and after it is terminated.

2.33.d. This definition shall not apply with respect to a particular regulated NSR pollutant when the

major stationary source is complying with the requirements under section 23 for a PAL for that pollutant. 

Instead, the definition at subsection 2.48 shall apply.

2.33.e. For the purpose of applying the requirements of subsection 17.6 to modifications at major

stationary sources of nitrogen oxides located in ozone nonattainment areas or in ozone transport regions,

whether or not subject to Title I, Part D, Subpart 2 of the CAA, any significant net emissions increase of

nitrogen oxides is considered significant for ozone.

2.33.f. Any physical change in, or change in the method of operation of, a major stationary source

of volatile organic compounds that results in any increase in emissions of volatile organic compounds from

any discrete operation, emissions unit, or other pollutant emitting activity at the source shall be considered

a significant net emissions increase and a major modification for ozone, if the major stationary source is

located in an extreme ozone nonattainment area that is subject to Title I, Part D, Subpart 2 of the CAA.

2.34. “Major Modification for Ozone” means a major modification for VOC and NOX.

2.35. “Major Stationary Source” means: 

2.35.a. Any stationary source of air pollutants which that emits, or has the potential to emit 100 tons

per year or more of any regulated NSR pollutant, except that lower emissions thresholds shall apply in areas

subject to ozone nonattainment areas, carbon monoxide nonattainment areas, or particulate matter

nonattainment areas, in accordance with the following:

2.35.a.1. 50 tons per year of volatile organic compounds in any serious ozone nonattainment area;

2.35.a.2. 50 tons per year of volatile organic compounds in an area within an ozone transport

region, except for any severe or extreme ozone nonattainment area;

2.35.a.3. 25 tons per year of volatile organic compounds in any severe ozone nonattainment area;

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2.35.a.4. 10 tons per year of volatile organic compounds in any extreme ozone nonattainment area;

2.35.a.5. 50 tons per year of carbon monoxide in any serious nonattainment area for carbon

monoxide, where stationary sources contribute significantly to carbon monoxide levels in the area (as

determined under rules issued by the Administrator); and

2.35.a.6. 70 tons per year of PM10 in any serious nonattainment area for PM10;.

2.35.b. For the purposes of applying the requirements of subsection 17.6 to stationary sources of

nitrogen oxides located in an ozone nonattainment area or in an ozone transport region, any stationary source

which emits, or has the potential to emit, 100 tons per year or more of nitrogen oxides emissions, except that

the following emission thresholds shall apply in ozone nonattainment areas subject to Title 1, Part D, Subpart

2:

2.35.b.1. 100 tons per year or more of nitrogen oxides in any ozone nonattainment area classified

as marginal or moderate;

2.35.b.2. 100 tons per year or more of nitrogen oxides in any ozone nonattainment area classified

as a transitional, submarginal, or incomplete or no data area, when such area is located in an ozone transport

region;

2.35.b.3. 100 tons per year or more of nitrogen oxides in any area designated under §107(d) of the

CAA as attainment or unclassifiable for ozone that is located in an ozone transport region;

2.35.b.4. 50 tons per year or more of nitrogen oxides in any serious nonattainment area for ozone;

2.35.b.5. 25 tons per year or more of nitrogen oxides in any severe nonattainment area for ozone;

2.35.b.6. 10 tons per year or more of nitrogen oxides in any extreme nonattainment area for ozone;

or

2.35.c. Any physical change that would occur at a stationary source not qualifying under

subdivisions 2.35.a and 2.35.b as a major stationary source, if the change would constitute a major stationary

source by itself.

2.35.d. A major stationary source that is major for volatile organic compounds shall be considered

major for ozone.

2.35.e. The fugitive emissions of a stationary source shall not be included in determining for any

of the purposes of this subsection 2.35 whether it is a major stationary source, unless the source belongs to

one of the following categories of stationary sources: 

2.35.e.1. Coal cleaning plants (with thermal dryers); 

2.35.e.2. Kraft pulp mills; 

2.35.e.3. Portland cement plants; 

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2.35.e.4. Primary zinc smelters; 

2.35.e.5. Iron and steel mills; 

2.35.e.6. Primary aluminum ore reduction plants; 

2.35.e.7. Primary copper smelters; 

2.35.e.8. Municipal incinerators capable of charging more than 250 tons of refuse per day; 

2.35.e.9. Hydrofluoric, sulfuric, or nitric acid plants; 

2.35.e.10. Petroleum refineries; 

2.35.e.11. Lime plants; 

2.35.e.12. Phosphate rock processing plants; 

2.35.e.13. Coke oven batteries; 

2.35.e.14. Sulfur recovery plants; 

2.35.e.15. Carbon black plants (furnace process); 

2.35.e.16. Primary lead smelters; 

2.35.e.17. Fuel conversion plants;

2.35.e.18. Sintering plants; 

2.35.e.19. Secondary metal production plants; 

2.35.e.20. Chemical process plants -- The term chemical processing plant shall not include

ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193

or 312140;

2.35.e.21. Fossil-fuel boilers (or combination thereof) totaling more than 250 million British

thermal units per hour heat input; 

2.35.e.22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000

barrels; 

2.35.e.23. Taconite ore processing plants; 

2.35.e.24. Glass fiber processing plants; 

2.35.e.25. Charcoal production plants; 

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2.35.e.26. Fossil fuel-fired steam electric plants of more than 250 million British thermal units

per hour heat input; and 

2.35.e.27. Any other stationary source category which, as of August 7, 1980, is being regulated

under §111 §§111 or 112 of the CAA.

2.35.f. In addition to those facilities covered under subdivision 2.35.e, all coal preparation plants

as defined under 40 CFR §60.251(a) which process more than 200 tons per day shall count fugitive emissions

from all “affected facilities” at the source.

2.35.g. For the purpose of subdivision 2.35.f, the term “affected facilities” means those facilities

which are listed or identified as “affected facilities” in the applicable standard promulgated under §§111 or

112 of the CAA.”

2.36. “Major Stationary Source for Ozone” means a major stationary source of VOC or NOX.

2.37. “National Ambient Air Quality Standard (NAAQS)” means the numerical standard specified by

the United States Environmental Protection Agency for each air pollutant for which air quality criteria have

been issued.

2.38. “Necessary preconstruction approvals or permits” means those permits or approvals required under

federal air quality control laws or regulations and air quality control laws and regulations rules of the State

of West Virginia. Where a consent order is required to be submitted to the USEPA for inclusion in the State

Implementation Plan, the applicant will not have all necessary pre-construction approvals or permits until

such time as the Administrator approves such consent order for inclusion in the State Implementation Plan.

2.39. “Net emissions increase” means, with respect to any regulated NSR pollutant emitted by a major

stationary source, the amount by which the sum of the following exceeds zero: 

2.39.a. Any The increase in emissions from a particular physical change or change in the method

of operation at a stationary source as calculated pursuant to subsection 3.4.; and 

2.39.b. Any other increases and decreases in actual emissions at the major stationary source that are

contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for

calculating increases and decreases under this subdivision shall be determined as provided in subsection 2.9,

except that paragraphs 2.9.a.3 and 2.9.b.4 shall not apply.

2.39.b.1. An increase or decrease in actual emissions is contemporaneous with the increase from

the particular change only if it occurs before the date that the increase from the particular change occurs; 

2.39.b.2. An increase or decrease in actual emissions is creditable only if: 

2.39.b.2.A. It occurs within a reasonable period to be specified by the Secretary; and 

2.39.b.2.B. The Secretary has not relied on the increase or decrease in issuing a permit for the

source under section 14, which permit is in effect when the increase in actual emissions from the particular

change occurs; and.

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2.39.b.3. An increase in actual emissions is creditable only to the extent that the new level of actual

emissions exceeds the old level.

2.39.b.4. A decrease in actual emissions is creditable only to the extent that: 

2.39.b.4.A. The old level of actual emission or the old level of allowable emissions whichever

is lower, exceeds the new level of actual emissions; 

2.39.b.4.B. It is federally enforceable and enforceable by the Secretary as a practical matter

at and after the time that actual construction on the particular change begins; and 

2.39.b.4.C. The Secretary has not relied on it in issuing any permit under this rule, in

demonstrating attainment of the NAAQS, or in a demonstration of reasonable further progress; and

2.39.b.4.D. It has approximately the same qualitative significance for public health and welfare

as that attributed to the increase from the particular change.

2.39.b.5. An increase that results from a physical change at a source occurs when the emissions

unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any new

replacement unit that replaces an existing unit and requires shakedown becomes operational only after a

reasonable shakedown period, not to exceed one hundred eighty (180) days.

2.39.c. Subdivision 2.1.a shall not apply for determining creditable increases and decreases or after

a change.

2.40. “Nonattainment Area” means for the purpose of this rule, those areas designated in accordance with

§107 of the CAA as not having attained NAAQS for specific air pollutants. Nonattainment areas for ozone,

carbon monoxide, and PM10 are divided into categories, which may have different major source size

definitions and offset ratio requirements than in previous regulations. These categories are as follows:

2.40.a. Ozone nonattainment areas may be designated as Marginal, Moderate, Serious, Severe, or

Extreme.

2.40.b. Carbon monoxide nonattainment areas may be designated as Moderate or Severe.

2.40.c. PM10 nonattainment areas may be designated as Moderate or Severe.

2.41. “Nonattainment major new source review (NSR) program” means a major source preconstruction

permit program that has been approved by the Administrator, or a program that implements 40 CFR Part 51,

appendix S, sections I through VI. Any permit issued under such a program is a major NSR permit.

2.42. “Offset” or “emission offset” means an emission reduction of a given pollutant achieved at an

existing source (or emissions unit within such source) that allows for the emission of such given pollutant

at a different proposed source (or emissions unit within such proposed source); provided that the amount of

reduction in emissions at the existing source (or emissions unit within such source), is greater, on a tons per

year basis, than one-to-one with respect to the proposed emissions from the different source (or emissions

unit within such source) so that total emissions from the source including all existing and proposed facilities

for a given pollutant shall be less than baseline emissions. This term also means an emission reduction of

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a given pollutant achieved at a unit within an existing source that allows for the emission of such given

pollutant at a different unit within the same existing source. In addition to the above requirement that offset

ratios must be greater than one-to-one, the offset ratios in ozone nonattainment areas must equal or exceed:

2.42.a. In marginal ozone nonattainment areas, 1.1 to 1.

2.42.b. In moderate ozone nonattainment areas, 1.15 to 1.

2.42.c. In serious ozone nonattainment areas, 1.2 to 1.

2.42.d. In severe ozone nonattainment areas, 1.3 to 1.

2.42.e. In extreme ozone nonattainment areas, 1.5 to 1.

2.43. “Offset Ratio” means the ratio of total emission reductions to total emission increases, for any

specific pollutant.

2.44. “PM2.5” means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5

micrometers as measured by a reference method described in Appendix L of 40 CFR Part 50.

2.44. 2.45. “PM10” means particulate matter with an aerodynamic diameter less than or equal to a

nominal 10 micrometers as measured by a reference method described in Appendix J of 40 CFR Part 50.

2.45. 2.46. “Particulate Matter” means any material, except uncombined water, that exists in a finely

divided form as a liquid or solid.

2.46. 2.47. “PAL effective date” generally means the date of issuance of the PAL permit. However, the

PAL effective date for an increased PAL is the date any emissions unit which is part of the PAL major

modification becomes operational and begins to emit the PAL pollutant.

2.47. 2.48. “PAL effective period” means the period beginning with the PAL effective date and ending

10 years later.

2.48. 2.49. “PAL major modification” means, notwithstanding subsections 2.33 and 2.39 (the definitions

for major modification and net emissions increase), any physical change in or change in the method of

operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the

PAL.

2.49. 2.50. “PAL permit” means the major NSR permit, the minor NSR permit, or the title V permit

issued by the Secretary that establishes a PAL for a major stationary source.

2.50. 2.51. “PAL pollutant” means the pollutant for which a PAL is established at a major stationary

source.

2.51. 2.52. “Person” means any and all persons, natural or artificial, including the State of West Virginia

or any other state and all agencies or divisions thereof, any state political subdivision, the United States of

America, any municipal, statutory, public or private corporation or association organized or existing under

the law of this or any other state or country, and any firm, partnership or association of whatever nature.

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2.52. 2.53. “Plantwide applicability limitation” or “PAL” means an emission limitation expressed in

tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and

established source-wide in accordance with subsections 23.1 through 23.15.

2.53. [Reserved.]

2.54. “Pollution prevention” means any activity that through process changes, product reformulation or

redesign, or substitution of less polluting raw materials, eliminates or reduces the release of air pollutants

(including fugitive emissions) and other pollutants to the environment prior to recycling, treatment, or

disposal; it does not mean recycling (other than certain “in-process recycling” practices), energy recovery,

treatment or disposal.

2.55. “Potential to emit” means the maximum capacity of a stationary source to emit a pollutant under

its physical and operational design. Any physical or operational limitation on the capacity of the source to

emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the

type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the

limitation or the effect it would have on emissions is federally enforceable or is enforceable by the Secretary

in any permit or consent order issued by the Administrator or by the Secretary. Secondary emissions do not

count in determining the potential to emit of a stationary source.

2.56. “Predictive emissions monitoring system” or “PEMS” means all of the equipment necessary to

monitor process and control device operational parameters (for example, control device secondary voltages

and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and

calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis.

2.57. “Prevention of Significant Deterioration (PSD) permit” means any permit that is issued under the

major source preconstruction permit program set forth in 45CSR14.

2.58. “Project” means a physical change in, or change in the method of operation of, an existing major

stationary source.

2.59. “Projected actual emissions” means, the maximum annual rate, in tons per year, at which an

existing emissions unit is projected to emit a regulated NSR pollutant in any one of the 5 years (12-month

period) following the date the unit resumes regular operation after the project, or in any one of the 10 years

following that date, if the project involves increasing the emissions unit’s design capacity or its potential to

emit of that regulated NSR pollutant and full utilization of the unit would result in a significant emissions

increase or a significant net emissions increase at the major stationary source. In determining the projected

actual emissions, before beginning actual construction, the owner or operator of the major stationary source: 

2.59.a. Shall consider all relevant information, including but not limited to, historical operational

data, the company’s own representations, the company’s expected business activity and the company’s

highest projections of business activity, the company’s filings with the State or Federal regulatory authorities,

and compliance plans under the approved plan; and

2.59.b. Shall include fugitive emissions to the extent quantifiable, and emissions associated with

startups, shutdowns, and malfunctions; and

2.59.c. Shall exclude, in calculating any increase in emissions that results from the particular

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project, that portion of the unit’s emissions following the project that an existing unit could have

accommodated during the consecutive 24-month period used to establish the baseline actual emissions under

subsection 2.9 and that are also unrelated to the particular project, including any increased utilization due

to product demand growth.; or

2.59.d. In lieu of using the method set out in subdivisions 2.59.a through 2.59.c, may elect to use

the emissions unit’s potential to emit, in tons per year, as defined under subdivision 2.55.

2.60. “Reasonable Further Progress” means the annual reductions in emissions of pollutants in

nonattainment areas as are required pursuant to Part D of the 1990 Clean Air Act Amendments or which are

required by the Secretary or the Administrator for the purpose of ensuring attainment of NAAQS by the

applicable statutory deadline.

2.61. “Regulated NSR Pollutant” means the following:

2.61.a. Any pollutant for which a National Ambient Air Quality Standard has been promulgated; 

2.61.b. Nitrogen oxides or any volatile organic compounds;

2.61.c. Any pollutant that is identified under this subdivision as a constituent or precursor of a

general pollutant listed under subdivisions 2.61.a or 2.61.b, provided that such constituent or precursor

pollutant may only be regulated under NSR as part of regulation of the general pollutant. Precursors

identified by the Administrator for purposes of NSR are the following:

2.61.c.1. Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone

nonattainment areas.

2.61.c.2. Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment areas.

2.61.c.3. Nitrogen oxides are presumed to be precursors to PM2.5 in all PM2.5 nonattainment areas,

unless the Secretary demonstrates to the Administrator’s satisfaction or USEPA demonstrates that emissions

of nitrogen oxides from sources in a specific area are not a significant contributor to that area’s ambient

PM2.5 concentrations.

2.61.c.4. Volatile organic compounds and ammonia are presumed not to be precursors to PM2.5

in any PM2.5 nonattainment area, unless the Secretary demonstrates to the Administrator’s satisfaction or

USEPA demonstrates that emissions of volatile organic compounds or ammonia from sources in a specific

area are a significant contributor to that area’s ambient PM2.5 concentrations.

2.61.d. PM2.5 emissions and PM10 emissions shall include gaseous emissions from a source or

activity which condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such

condensable particulate matter shall be accounted for in applicability determinations and in establishing

emissions limitations for PM2.5 and PM10 in nonattainment major NSR permits. Compliance with emissions

limitations for PM2.5 and PM10 issued prior to this date shall not be based on condensable particulate matter

unless required by the terms and conditions of the permit or the applicable implementation plan.

Applicability determinations made prior to this date without accounting for condensable particulate matter

shall not be considered in violation of this section rule unless the applicable implementation plan required

condensable particulate matter to be included.

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2.62. “Replacement unit” means an emissions unit for which all the criteria listed in subdivisions 2.62.a

through 2.62.d are met. No creditable emission reductions shall be generated from shutting down the existing

emissions unit that is replaced.

2.62.a. The emissions unit is a reconstructed unit within the meaning of 40 CFR §60.15(b)(1), or

the emissions unit completely takes the place of an existing emissions unit;

2.62.b. The emissions unit is identical to or functionally equivalent to the replaced emissions unit;

2.62.c. The replacement does not change the basic design parameter(s) of the process unit; and

2.62.d. The replaced emissions unit is permanently removed from the major stationary source,

otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a

practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new

emissions unit.

2.63. “Reviewing authority” means the Secretary of the Department of Environmental Protection.

[Reserved.]

2.64. “Secondary emissions” means emissions which would occur as a result of the construction or

operation of a major stationary source or major modification, but do not come from the major stationary

source or major modification itself. Secondary emissions must be specific, well defined, quantifiable, and

impact the same general area as the stationary source or modification which causes the secondary emissions. 

Secondary emissions include, but are not limited to emissions from any offsite support facility which would

not otherwise be constructed or increase its emissions except as a result of the construction or operation of

the major stationary source of or major modification. Secondary emissions do not include any emissions

which come directly from a mobile source such as emissions from the tailpipe of a motor vehicle, a train, or

from a vessel.

2.65. “Secretary” means the Secretary of the Division of Environmental Protection or his or her

designated representative.

2.66. “Significant” means, in reference to a net emissions increase or the potential of a source to emit

any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

Pollutant and Pollutant Emission Rate

(tons per year)

Carbon monoxide: 100 tpy

Nitrogen oxides: 40 tpy

Sulfur dioxide: 40 tpy

Ozone: 40 tpy

of VOC or NOX

Lead: 0.6 tpy

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PM10: 15 tpy

PM2.5: 10 tpy

of direct PM2.5 emissions

PM2.5: 40 tpy

of SO2

 emissions

PM2.5: 40 tpy

of NOX emissions

(unless demonstrated not to be a PM2.5 precursor under subsection 2.61).

2.66.a. Notwithstanding the significant emissions rate for ozone in subsection 2.66, significant

means, in reference to an emissions increase or a net emissions increase, any increase in actual emissions of

volatile organic compounds that would result from any physical change in, or change in the method of

operation of, a major stationary source locating in a serious or severe ozone nonattainment area that is subject

to Title I, Part D, Subpart 2 of the CAA, if such emissions increase of volatile organic compounds exceeds

25 tons per year.

2.66.b. For the purposes of applying the requirements of subsection 17.6 to modifications at major

stationary sources of nitrogen oxides located in an ozone nonattainment area or in an ozone transport region,

the significant emission rates and other requirements for volatile organic compounds in subsection 2.66,

subdivisions 2.66.a and 2.66.d shall apply to nitrogen oxides emissions.

2.66.c. Notwithstanding the significant emissions rate for carbon monoxide under subsection 2.66,

significant means, in reference to an emissions increase or a net emissions increase, any increase in actual

emissions of carbon monoxide that would result from any physical change in, or change in the method of

operation of, a major stationary source in a serious nonattainment area for carbon monoxide if such increase

equals or exceeds 50 tons per year, provided the Administrator has determined that stationary sources

contribute significantly to carbon monoxide levels in that area.

2.66.d. Notwithstanding the significant emissions rates for ozone under subsection 2.66 and

subdivision 2.66.a, any increase in actual emissions of volatile organic compounds from any emissions unit

at a major stationary source of volatile organic compounds located in an extreme ozone nonattainment area

that is subject to Title I, Part D, Subpart 2 of the CAA shall be considered a significant net emissions

increase.

2.67. “Significant emissions increase” means, for a regulated NSR pollutant, an increase in emissions

that is significant for that pollutant.

2.68. “Significant emissions unit” means an emissions unit that emits or has the potential to emit a PAL

pollutant in an amount that is equal to or greater than the significant level, as defined in subsection 2.66 or

the CAA, whichever is lower, for that PAL pollutant, but less than the amount that would qualify the unit

as a major emissions unit.

2.69. “Significant Impact” means an increase in the ambient air concentration for a particular pollutant

as follows:

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Averaging time (hours)

Annual 24 8 3 1

Ambient Air Concentration Increase (μg/m3)

SO2 1.0 5.0 25.0

PM10 1.0 5.0

PM2.5 0.3 1.2

NO2 1.0

TSP 1.0 5.0

Ambient Air Concentration Increase (mg/m3)

CO 0.5 2.0

2.70. “Small emissions unit” means an emissions unit that emits or has the potential to emit the PAL

pollutant in an amount less than the significant level for that PAL pollutant, as defined in subsection 2.66

or the CAA, whichever is lower.

2.71. “Source, Stationary Source” or “stationary source” means any building, structure, facility or

installation which emits or may emit any a regulated air NSR pollutant.

2.72. “Temporary clean coal technology demonstration project” means a clean coal technology

demonstration project that is operated for a period of 5 years or less, and which complies with the State

Implementation Plan for the State in which the project is located and other requirements necessary to attain

and maintain the National Ambient Air Quality Standards during the project and after it is terminated.

2.73. “Temporary Source” or “sources of temporary emissions”, means for a source located in a

nonattainment area and subject to this rule, those emissions occurring for a period of time less than two

years.

2.74. “TSP” or “Total Suspended Particulate Matter” means particulate matter as measured by the

method described in Appendix B of 40 CFR Part 50.

2.75. “USEPA” means the United States Environmental Protection Agency.

2.76. “Volatile organic compounds (VOC)” are as defined in 40 CFR §51.100(s).

2.77. Other words and phrases used in this rule, unless otherwise indicated, have the meaning ascribed

to them in W. Va. Code §22-5-2 and the federal Clean Air Act.

§45-19-3. Applicability.

3.1. Preconstruction Permit Program In Nonattainment Areas. -- The preconstruction permit program

requirements apply to the construction of any new major stationary source or major modification that is

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major for the pollutant for which the area is designated nonattainment under 40 CFR Part 81, Subpart C if

the stationary source or modification would locate anywhere in the designated nonattainment area.

3.2. Preconstruction Permit Program In Attainment Areas. -- The preconstruction permit program

requirements also apply to any proposed major stationary source and to any major modification to such

source in an area designated as attainment or unclassifiable for any National Ambient Air Quality Standard

(NAAQS) pursuant to section 107 of the CAA when it would cause or contribute to a violation of a any

NAAQS.

3.3. Significance levels.

3.3.a. A major source or major modification will be considered to cause or contribute to a violation

of a NAAQS when such source or modification would, at a minimum, exceed the following significance

levels set forth in Table 45-19B at any locality that does not or would not meet the applicable national

standard.:

Averaging time (hours)

Annual 24 8 3 1

Ambient Air Concentration Increase (μg/m3)

SO2 1.0 5.0 25.0

PM10 1.0 5.0

PM2.5 0.3 1.2

NO2 1.0

Ambient Air Concentration Increase (mg/m3)

CO 0.5 2.0

3.3.b. A proposed major source or major modification subject to subsection 3.2 may reduce the impact

of its emissions upon air quality by obtaining sufficient emission reductions to, at a minimum, compensate

for its adverse ambient impact where the major source or major modification would otherwise cause or

contribute to a violation of any NAAQS.

3.4. Determination of major modification. -- The determination as to whether or not a proposed project

is a major modification for a regulated NSR pollutant shall be determined in accordance with the specific

provisions set forth in subdivisions 3.4.a through 3.4.f.

3.4.a. Except as otherwise provided in subsections 3.5 and 3.6, and consistent with the definition of

major modification, a proposed project is a major modification for a regulated NSR pollutant if it causes two

types of emissions increases -- a significant emissions increase (as defined in subsection 2.67), and a

significant net emissions increase (as defined in subsections 2.66 and 2.39). The proposed project is not a

major modification if it does not cause a significant emissions increase. If the project causes a significant

emissions increase, then the project is a major modification only if it also results in a significant net

emissions increase.

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3.4.b. The procedure for calculating, before beginning actual construction, whether a significant

emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units

being modified, according to subdivisions 3.4.c through 3.4.f. The procedure for calculating, before

beginning actual construction, whether a significant net emissions increase will occur at the major stationary

source (i.e., the second step of the process) is contained in the definition in subsection 2.39. Regardless of

any such preconstruction projections, a major modification results if the project causes a significant

emissions increase and a significant net emissions increase.

3.4.c. Actual-to-projected-actual applicability test for proposed projects that only involve existing

emissions units. -- A significant emissions increase of a regulated NSR pollutant is projected to occur if the

sum of the difference between the projected actual emissions and the baseline actual emissions (as defined

in subdivisions 2.9.a and 2.9.b, as applicable), for each existing emissions unit, equals or exceeds the

significant amount for that pollutant.

3.4.d. Actual-to-potential test for proposed projects that only involve construction of a new emissions

unit(s). -- A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of

the difference between the potential to emit from each new emissions unit following completion of the

proposed project and the baseline actual emissions of these units before the project equals or exceeds the

significant amount for that pollutant.

3.4.e. [Reserved.]

3.4.f. Hybrid test for projects that involve multiple types of emissions units. -- A significant emissions

increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each

emissions unit, using the method specified in subdivisions 3.4.c through 3.4.d as applicable with respect to

each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that

pollutant.

3.5. For any major stationary source subject to a PAL for a regulated NSR pollutant, the major

stationary source shall comply with the requirements under section 23.

3.6. [Reserved.]

3.7. Exemption.

3.7.a. A source or modification shall not be considered a major stationary source or major

modification only if fugitive emission emissions to the extent quantifiable are considered in calculating the

potential to emit of the stationary source or modification and the source does not belong to any of the

following categories:

3.7.a.1. Coal cleaning plants (with thermal dryers);

3.7.a.2. Kraft pulp mills;

3.7.a.3. Portland cement plants;

3.7.a.4. Primary zinc smelters;

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3.7.a.5. Iron and steel mills;

3.7.a.6. Primary aluminum ore reduction plants;

3.7.a.7. Primary copper smelters;

3.7.a.8. Municipal incinerators capable of charging more than 250 tons of refuse per day;

3.7.a.9. Hydrofluoric, sulfuric, or citric acid plants;

3.7.a.10. Petroleum refineries;

3.7.a.11. Lime plants;

3.7.a.12. Phosphate rock processing plants;

3.7.a.13. Coke oven batteries;

3.7.a.14. Sulfur recovery plants;

3.7.a.15. Carbon black plants (furnace process);

3.7.a.16. Primary lead smelters;

3.7.a.17. Fuel conversion plants;

3.7.a.18. Sintering plants;

3.7.a.19. Secondary metal production plants;

3.7.a.20. Chemical process plants -- The term chemical processing plant shall not include ethanol

production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or

312140;

3.7.a.21. Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal

units per hour heat input;

3.7.a.22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000

barrels;

3.7.a.23. Taconite ore processing plants;

3.7.a.24. Glass fiber processing plants;

3.7.a.25. Charcoal production plants;

3.7.a.26. Fossil fuel-fired steam electric plants of more than 250 million British thermal units per

hour heat input; and

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3.7.a.27. Any other stationary source category which, as of August 7, 1980, is being regulated

under section §§111 or 112 of the CAA.

3.7.b. In addition to the facilities covered under subdivision 3.7.a, all coal preparation plants as

defined under 40 CFR §60.251(a) which process more than 200 tons per day shall count fugitive emissions

from all “affected facilities” at the source.

3.7.c. For the purpose of subdivision 3.7.b, the term “affected facilities” means those facilities which

are listed or identified as “affected facilities” in the applicable standard promulgated under §§111 or 112 of

the CAA.”

§45-19-4. Conditions for a Permit Approval for Proposed Major Sources That Would Contribute

to a Violation of NAAQS.

4.1. Upon determination by the Secretary that a proposed new major stationary source or major

modification will locate within a nonattainment area, or that a proposed new major stationary source or major

modification to be built outside a nonattainment area will have a significant impact on pollutant

concentrations in a nonattainment area, as of such source’s proposed start-up date, permit approval may be

granted only if the applicant agrees within its permit application and permit (if approved), to meet the

following conditions:

4.1.a. The proposed major stationary source or major modification is required to meet the lowest

achievable emission rate (LAER) for such source;

4.1.b. The applicant must certify that all existing sources owned or operated by the applicant (or any

entity controlling, controlled by, or under common control of the applicant) in West Virginia are in

compliance with the CAA and W.Va. Code §22-5-4, or the applicable regulations, or is in compliance with

a compliance program or a court decree which is federally enforceable and enforceable by the Secretary;

4.1.c. More than equivalent emission offsets from existing sources in the nonattainment area impacted

by the proposed new major stationary source or major modification (whether or not under the same

ownership) are required such that there will be reasonable further progress toward attainment of the

applicable NAAQS. For sources locating in ozone nonattainment areas, the offset ratios for VOC and NOX

must equal or exceed those specified in subsection 2.42. Only intrapollutant emission offsets are acceptable;

and

4.1.d. The emission offsets will provide a positive net air quality benefit in the affected nonattainment

area. Atmospheric simulation modeling for ozone impacts is not necessary for VOC and NOX. Compliance

with subdivision 4.1.c and subsection 8.2 will be adequate to meet this condition.

4.2. Upon determination by the Secretary that technological or economic limitations on the application

of measurement methodology to a particular source or class of sources would make the imposition of an

enforceable numerical emission standard infeasible, the applicant may, by petition, request that the Secretary

approve an appropriate design, operational or equipment standard. In the event that the applicant’s proposed

design, operational or equipment standard is unacceptable to the Secretary, the Secretary shall determine an

appropriate measurement methodology or design, operational or equipment standard and shall incorporate

such determinations and requirements within the permit.

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4.3. For phased construction projects, the determination of the lowest achievable emission rate shall

be reviewed and modified as appropriate at the latest reasonable time which occurs no later than 18 months

prior to commencement of construction of each independent phase of the project. At such time, the owner

or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous

determination of the lowest achievable emission rate for the source.

4.4. Control Technology Information. -- The Secretary shall, for each new major source and major

modification, submit to the Administrator, within 60 days of issuance of the construction permit, all

information on the emissions prevention or control technology for the new major source or major

modification for the purpose of making such information available through the RACT/BACT/LAER

clearinghouse to other states and to the general public.

4.5. Rocket Engines or Motors. -- The Secretary may allow a source to offset by alternative or

innovative means emission increases from rocket engine and motor firing, and cleaning related to such firing,

at an existing or modified source that tests rocket engines or motors under the following conditions:

4.5.a. Any modification proposed is solely for the purpose of expanding the testing of rocket engines

or motors at an existing source that was permitted to test such engines as of November 15, 1990;

4.5.b. The source demonstrates to the satisfaction of the Secretary that it has used all reasonable means

to obtain and utilize offsets, as determined on an annual basis, for the emissions increases beyond allowable

levels, that all available offsets are being used, and that sufficient offsets are not available to the source;

4.5.c. The source has obtained a written finding from the Department of Defense, Department of

Transportation, National Aeronautics and Space Administration or other appropriate Federal agency, that

the testing of rocket motors or engines at the facility is required for a program essential to national security;

and

4.5.d. The source shall comply with an alternative measure, imposed by the Secretary, designed to

offset any emission increases beyond permitted levels not directly offset by the source. In lieu of imposing

any alternative offset measures, the Secretary may impose any emissions fee which shall be an amount no

greater than 1.5 times the average cost of stationary source control measures adopted in that area during the

previous three (3) years. The Secretary shall utilize the fees in a manner that maximizes reductions in that

area.

§45-19-5. Conditions for Permit Approval for Sources Locating in Attainment or Unclassifiable

Areas That Would Cause a New Violation of a NAAQS.

5.1. Upon determination by the Secretary that the emissions from a proposed new major stationary

source or major modification locating in attainment or unclassified areas would cause a new violation of a

NAAQS, permit approval may be granted only if the applicant agrees within its permit application and permit

(if approved) to meet a more stringent emission limitation and/or limit emissions of existing sources below

levels allowed by the applicable regulations so that the proposed source will not cause a new violation of any

NAAQS. Only intrapollutant emission offsets are acceptable.

5.2. If the proposed major source or major modification does not obtain the emission reductions

specified in subsection 3.2 the Secretary shall deny the proposed construction.

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5.3. The requirements of subsections 3.2 and 5.2 shall not apply to a major stationary source or major

modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that

pollutant, the source or modification is located in an area designated as nonattainment pursuant to section

§ 107 of the CAA.

§45-19-6. [Reserved.]

§45-19-7. Baseline for Determining Credit for Emission Offsets.

7.1. For major stationary sources and major modifications subject to subsections 3.1 and 3.2 the

baseline for determining credit for emissions reductions is the emission limit in effect at the time the

application for a permit to construct under section 14 is filed, except that the offset baseline shall be the

actual emissions of the source from which the offset credit is obtained where:

7.1.a. The demonstration of reasonable further progress and attainment of ambient air quality

standards is based upon the actual emissions of sources located within a designated nonattainment area; or

7.1.b. The applicable regulation does not contain an emission limitation for a source or source

category, the emission offset baseline involving such sources shall be the actual emissions.

7.2. Where the an applicable regulation emission limit allows greater emissions than the potential

emission rate to emit of the source, emission offset credit will be allowed only for control below the this

potential emission rate.

7.3. For an existing fuel combustion source, credit shall be based on the allowable emissions for the

type of fuel being burned at the time the permit to construct application under section 14 is filed. If the

existing source commits to switch to a cleaner fuel at some future date, emission offset credit based on the

allowable or actual emissions for the fuels involved is not acceptable, unless the permit is conditioned to

require use of a specified alternative control measure which would achieve the same degree of emissions

reduction should the source switch back to a dirtier fuel at some later date. The applicant shall ensure that

adequate long-term supplies of the new fuel are available before emission offset credit for fuel switches may

be granted.

7.4. Emissions reductions achieved by shutting down an existing emission unit or curtailing production

or operating hours may be generally credited for offsets if they meet the following requirements:

7.4.a. Such reductions are surplus, permanent, quantifiable, federally enforceable.

7.4.b. The shutdown or curtailment occurred on or after the date specified in the attainment plan, and

if such date is on or after the date of the most recent emission inventory used in the attainment demonstration. 

Where the plan does not specify a cutoff date for shutdown credits, the date of the most recent emissions

inventory or attainment demonstration shall apply. However, no may credit be given for shutdowns which

occurred prior to August 7, 1977.

7.5. Emissions reductions achieved by shutting down an existing emissions unit or curtailing production

or operating hours and that do not meet the requirements in subdivision 7.4.b may be generally credited only

if:

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7.5.a. The shutdown or curtailment occurred on or after the date the construction permit application

is filed, or

7.5.b. The applicant can establish that the proposed new emissions unit is a replacement for the

shutdown or curtailed emissions unit, and the emissions reductions achieved by the shutdown or curtailment

met the requirements of subdivision 7.4.a.

7.6. No emissions credit may be allowed for replacing one hydrocarbon compound with another of

lesser reactivity, except for those compounds listed in Table 1 of USEPA’s “Recommended Policy on

Control of Volatile Organic Compounds” (42 FR 35314, July 8, 1977).

7.7. All emission reductions claimed as offset credit shall be federally enforceable.

§45-19-8. Location of Emissions Offsets.

8.1. Emissions offsets shall be obtained from sources located as close to the proposed major stationary

or major modified source site as possible. Except for ozone nonattainment areas, these emissions offsets

must be obtained from the same nonattainment area as the proposed major source or major modification.

8.2. The Secretary, by petition, may allow emissions offsets from sources located at greater distances

from the proposed major stationary source or major modification provided that an adequate demonstration

that nearby offsets were investigated and reasonable alternatives which provide a positive net air quality

benefit are not available is submitted by the applicant, subject to the following provisions:

8.2.a. Emission offsets for VOC or NOX will generally be acceptable from sources located within the

same ozone nonattainment area or from other ozone nonattainment areas of equal or higher classification

which can be shown to cause or significantly contribute to the ozone problem at the proposed new or

modified source location; and

8.2.b. Emission offsets for sources of sulfur dioxide (SO2

), and total suspended particulate (TSP), fine

particulate matter (PM2.5) should shall be obtained from an existing or shutdown facility, on the same

premises or in the immediate vicinity of the proposed source.

8.3. If such allowance is granted, as provided for in subsection 8.2, the Secretary may increase the ratio

of the required offsets for such source.

8.4. In order to ensure that the emission offsets will provide a positive net air quality benefit, the

Secretary may perform the necessary analysis or require the applicant to submit appropriate modeling results

for review.

8.5. The appropriate modeling referred to in subsection 8.4 is as follows:

8.5.a. For SO2

 and TSP PM2.5, the source’s allowable emissions should shall be used in an atmospheric

simulation model to ensure that the emission offsets provide a positive net air quality benefit. It may,

however, be assumed that if the emission offsets are obtained from an existing or shutdown source on the

same premises or in the immediate vicinity of the proposed major stationary source or major modification

and the pollutants disperse from substantially the same effective stack height, the air quality test of

subdivision 4.1.d will be met without the necessity of modeling. Thus, when stack emissions are offset

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against a ground level source at the same time, modeling would be required.

8.5.b. Atmospheric simulation modeling for ozone impacts is not necessary for volatile organic

compounds and NOX. For such pollutants, meeting the requirements of subdivisions 4.1.c and 8.2.a will be

adequate.

8.5.c. Proposed sources of VOC or NOX locating in a designated nonattainment area for ozone shall

be subject to the provisions of section 4.

8.5.d. Proposed VOC or NOX sources locating within thirty-six (36) hours travel time (under wind

conditions associated with concentrations exceeding the NAAQS for ozone) of a nonattainment monitor are

subject to section 4.

8.6. Credit for an emissions reduction can be claimed to the extent that the Secretary has not relied on

it in issuing any permit under 45CSR14 or 45CSR19 and or the Secretary has not relied on it in a

demonstration of attainment or reasonable further progress.

8.7. The total amount of increased emissions, in tons per year, resulting from a major modification that

must be offset shall be determined by summing the difference between the allowable emissions after the

modification and the actual emissions before the modification for each emissions unit.

§45-19-9. Administrative Procedures for Emission Offset Proposals.

9.1. Emission offsets may be proposed by the applicant for the proposed major stationary source or

major modification, the local community or the Secretary.

9.1.a. The emission offsets committed to must be accomplished by the applicant’s proposed start-up

date, except when such proposed source is a replacement for a source that is being shut down in order to

provide the necessary benefits; in such cases the Secretary may allow up to one hundred eighty (180) days

for shakedown of the new source before the existing source is required to cease operation. Such an

allowance must be requested by the applicant and contained, if granted, within the construction permit.

9.1.b. If the emission reductions which are to be used as offset credit for a proposed major stationary

source or major modification are to be obtained in a State that neighbors West Virginia, or from another

source at another site not controlled by the applicant, the offsets committed to must be embodied in a USEPA

approved State Implementation Plan revision in the neighboring State and must be federally enforceable and

enforceable by both such neighboring State and the Secretary and at all participating sources.

9.2. The applicant may propose emission offsets which involve:

9.2.a. Reductions from sources controlled by the applicant; or

9.2.b. Reductions from neighboring sources not controlled by the applicant.

9.3. A state or local community which desires that a major stationary source or major modification

locate in its area may commit to reducing emissions from existing sources to sufficiently offset the impact

of such proposed source.

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9.4. Any emission offset proposal described in subsection 9.2 must be embodied either in the

applicant’s permit application and permit if such offsets are directly controlled by the applicant or if from

neighboring sources located in the State not controlled by the applicant, in a consent order as provided in W.

Va. Code §22-5-5, which such consent order shall be submitted to the USEPA for inclusion in the State

Implementation Plan.

§45-19-10. [Reserved.]

§45-19-11. [Reserved.]

§45-19-12. Reasonable Further Progress.

12.1. By the time the proposed major source or major modification is to commence operation, sufficient

offsetting emissions reductions shall be in effect such that the total allowable emissions from existing sources

in the area, from new or modified sources which are not major sources and from the proposed source will

be sufficiently less than total emissions from existing sources prior to the application for the permit to

construct or modify so as to represent, when considered together with the plan provisions required under

section 172 of the act (42 USC 7502), reasonable further progress.

12.2. For the purposes of satisfying the requirements of subsection 12.1:

12.2.a. The determination of total emissions at both the time prior to the application for a permit

subject to the requirements of this chapter and the time the permitted source or modification would

commence operation, shall be made in a manner consistent with the assumptions in the applicable state

implementation plan approved by the administrator Administrator concerning baseline emissions for the

demonstration of reasonable further progress and attainment of the National Ambient Air Quality Standards

for the particular pollutant subject to review under this chapter; and

12.2.b. To demonstrate reasonable further progress a new or modified source subject to review

under this rule shall obtain offsets in an amount equal to or greater than the amount specified by the

applicable offset ratio. If an offset ratio is not specified, the offset ratio shall be at least 1 to 1.

§45-19-13. Source Impact Analysis.

13.1. The applicant for a preconstruction permit shall demonstrate to the satisfaction of the Secretary

that all of the following conditions are met:

13.1.a. The emissions offsets required under subdivision 4.1.c, when considered in conjunction with

the proposed emissions increase, will have a net air quality benefit in the affected area, as required under

subdivision 4.1.d;

13.1.b. The emissions from the proposed new major source or major modification, when considered

in conjunction with the emissions offsets required under section 4, will not contribute to nonattainment in,

or interfere with maintenance by, any other state with respect to any national primary or secondary ambient

air quality standard;

13.1.c. The emissions from the proposed new major source or major modification, when considered

in conjunction with the emissions offsets required under section 4, will not interfere with measures required

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to be included in the applicable implementation plan for any other state under a program for the prevention

of significant deterioration or for the protection of visibility; and

13.1.d. An analysis of alternative sites, sizes, production processes, and environmental control

techniques for the proposed source demonstrates the benefits of the proposed source significantly outweigh

the environmental and social costs imposed as a result of its location, construction or modification.

§45-19-14. Permit Requirements for Major Stationary Sources and Major Modifications.

14.1. Permit Application.

14.1.a. No person shall cause, suffer, allow, or permit the construction or relocation of any major

stationary source or a major modification to be commenced in any area designated as nonattainment under

§107 of the CAA, without notifying the Secretary of such intent, and obtaining prior to commencement of

construction, modification, or relocation, a permit(s) to so construct, modify or relocate the major stationary

source or major modification.

14.1.b. No person shall cause, suffer, allow or permit the construction or relocation of any major

stationary source or major modification to be commenced anywhere in the state West Virginia, if the

emissions would cause a violation of a NAAQS or would cause a significant impact on air quality in a

designated nonattainment area, without notifying the Secretary of such intent and obtaining, prior to

commencement of construction, modification or relocation, all necessary preconstruction approvals or

permits to so construct, modify or relocate the major stationary source or major modification.

14.2. The owner or operator of the source shall file with the Secretary a timely and complete permit

application containing sufficient information as, in the judgement of the Secretary, will enable the Secretary

to determine whether such source construction, modification or relocation will be in conformance with the

provisions of any rules promulgated by the Secretary and with the requirements of this rule. Such

information may include, but not be limited to:

14.2.a. A description of the nature, location, design capacity and typical operating schedule of the

source or modification, including specifications and drawings showing its design and plant layout;

14.2.b. A detailed schedule for construction of the source or modification;

14.2.c. A detailed description as to what system of continuous emission reduction is planned by the

source or modification, emission estimates, and any other information as necessary to determine that the

requirement for lowest achievable emission rate as applicable would be met;

14.2.d. The air quality impact of the source or modification, including meteorological and

topographical data necessary to estimate such impact; and

14.2.e. A detailed description of any emission offsets proposed by the applicant.

14.3. Each permit application shall be signed by the owner or operator of the major stationary source or

major modification, and such signature shall constitute an agreement that the applicant will assume

responsibility for the construction, modification, or relocation, and operation of the major stationary source

or major modification in accordance with applicable rules and regulations of the Secretary, the permit

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application and any permit issued pursuant to this rule.

14.4. Permit Review.

14.4.a. Within thirty (30) days of the receipt of a permit application for construction or relocation

of a major stationary source or for a major modification, the Secretary shall determine if the application is

complete or if there exists any deficiency in the application or information submitted, and shall notify the

applicant of all such deficiencies, if any. In the event of such a deficiency, the date of receipt of the

application shall be the date on which the Secretary received all required information.

14.4.b. After completing the review of a complete application, the Secretary shall make a

preliminary determination whether a permit should shall be approved, approved with conditions or

disapproved.

14.4.c. After the public participation requirements specified in section 15 have been satisfied, the

Secretary shall notify the applicant in writing of the final determination.

14.5. Permit Issuance or Denial.

14.5.a. Within six (6) months of the receipt of a complete permit application for construction or

relocation of a major stationary source or for a major modification, the Secretary shall issue such a permit

unless the Secretary determines that the proposed major stationary source or major modification has not

satisfied the requirements of this rule, will violate applicable emission standards, will interfere with the

attainment or maintenance of applicable ambient air quality standards, or will be inconsistent with the intent

and purpose of this rule, in which case the Secretary shall issue an order for the prevention of such

construction, modification, or relocation.

14.5.b. If the Secretary denies a permit application for the proposed construction or relocation of

any major stationary source or major modification, the order shall set forth the Secretary’s reasons with

reasonable specificity.

14.6. Reasonable Conditions. -- The Secretary may impose any reasonable conditions as part of a granted

construction, modification or relocation permit. Such conditions may include, but not be limited to, the

submission of periodic progress or operation reports, the provisions of a suitable sampling site, the

installation of pollutant monitoring devices, and the operation and maintenance of ambient air quality

monitoring stations.

§45-19-15. Public Review Procedures.

15.1. At the time that an application for a construction or modification is filed, the applicant shall also

place a Class I legal advertisement in a newspaper of general circulation in the area where the source is or

will be located. No such permit shall be issued to any applicant until at least thirty (30) days notice has been

provided to the public. The advertisement shall contain at a minimum, the name of the applicant, the type

and location of the source, the type and amount of air pollutants that will be discharged, the nature of the

permit being sought, the proposed start-up date for the source and a contact telephone number for more

information.

15.2. The Secretary shall make available in at least one location in the region in which the proposed

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source would be constructed a copy of all materials the applicant submitted (excluding data entitled to

protection as confidential information under the Code and any rules pursuant thereto), a copy of the

preliminary determination, and a copy or summary of other materials, if any, considered in making the

preliminary determination.

15.3. The Secretary shall place a Class I legal advertisement in a paper of general circulation in the area

where the proposed source would be constructed, modified, or relocated. The advertisement shall contain,

as a minimum, the name of the applicant, the type and location of the source, the proposed start-up date, the

preliminary determination, notification of the opportunity for written public comment, provisions for

requesting a public meeting, details concerning the time and place of such a meeting if one has already been

scheduled, and notification of the opportunity for comment at a public meeting if such meeting is to be

conducted. A public comment period of thirty (30) days shall be provided and so stated in the advertisement.

15.4. The Secretary shall send a copy of the advertisement to the applicant, to USEPA, and to officials

and agencies having cognizance over the location where the proposed construction would occur as follows:

any other State or local air pollution control agencies, the chief executives of the city and county where the

source would be located; any comprehensive regional land use planning agency, any State, and any Federal

Land Manager, whose lands may be affected by emissions from the source or modification.

15.5. Public comments submitted within thirty (30) days after the Secretary’s public notification of an

opportunity for comment upon a proposed construction or relocation of a major stationary source or major

modification and comments submitted within a specified period not to exceed fifteen (15) days after any

public meeting to receive comment on such proposed construction, modification, or relocation shall be

considered by the Secretary before making a final decision on the approvability of the application. The

Secretary shall make copies of all comments available for public inspection in the same locations where the

Secretary made available preconstruction information relating to the proposed source or modification.

15.6. The Secretary shall make a final determination whether construction should shall be approved,

approved with conditions, or disapproved.

15.7. The Secretary shall notify the applicant in writing of the final determination and make a copy of

such notification available for public inspection at the same location where the Secretary made available

preconstruction information and public comments relating to the proposed source or modification.

§45-19-16. Public Meetings.

16.1. Public meetings to receive comments on permit applications shall be held when the Secretary

deems it appropriate or when substantial interest is expressed, in writing, by persons who might reasonably

be expected to be affected by the proposed major source or major modification.

16.2. The Secretary or the Secretary ‘s designee shall preside over such meetings and ensure that all

interested parties have ample opportunity to present comments. Such meetings shall be held at a convenient

place as near as practicable to the location of the proposed major source or major modification.

16.3. At a reasonable time prior to such meetings, the Secretary shall provide appropriate information

to news media in the area where the proposed source or modification is to be located.

§45-19-17. Permit Transfer, Cancellation and Responsibility.

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17.1. Permit Transfer. -- A permittee may petition the Secretary for a transfer of a permit previously

issued under 45CSR19. The Secretary shall approve such permit transfer provided the following conditions

are met:

17.1.a. The permittee, in the petition, describes the reasons for the requested permit transfer and

certifies that the subject source is in compliance with all the provisions and requirements of its permit, and

17.1.b. The transferee provides written acknowledgment that it accepts and will comply with all the

requirements, terms, and conditions as contained in the subject permit.

17.2. Permit Cancellation.

17.2.a. The Secretary shall cancel or suspend a permit if, after eighteen (18) months from the date

of issuance the holder of the permit cannot provide the Secretary, at the Secretary’s request, with written

proof of a good faith effort that such construction, modification or relocation has commenced and remains

ongoing. Such proof shall be provided not later than thirty (30) days after the Secretary’s request.

17.2.b. The Secretary may cancel or suspend the permit if the plans and specifications upon which

the approval was based or the conditions established in the permit are not adhered to. Upon notice of the

Secretary’s intent to suspend, modify or revoke a permit, the permit holder may request a conference with

the Secretary in accordance with the provisions of W.Va. Code §22-5-5 to show cause why the permit should

shall not be suspended, modified or revoked.

17.3. Responsibility.

17.3.a. Possession of a permit does not relieve any person of the responsibility of complying with

any and all rules of the Secretary or W.Va. Code §22-1-1 et seq. and any other requirements under local,

State or Federal law.

17.3.b. A source which has not operated at least five hundred (500) hours in one 12-month period

within the past previous five-year time period may be considered permanently shutdown, unless such source

can provide to the Secretary, with reasonable specificity, information to the contrary. All permits may be

modified or revoked and/or reapplication or application for new permits may be required for any source

determined to be permanently shutdown.

17.3.c. Any person who owns or operates any particular source or modification which becomes a

major stationary source or major modification solely by virtue of a relaxation in any limitation, enforceable

by the Administrator or the Secretary, on the capacity of the source or modification otherwise to emit a

pollutant (such as a restriction on hours of operation), shall become subject to the requirements of this rule

as though construction had not yet commenced on the source or modification.

17.3.d. Any owner or operator who constructs, modifies or operates a stationary source not in

accordance with the permit application submitted or with the terms of any approval to construct, or any

owner or operator of a stationary source or modification subject to this rule who commences construction

without applying for and receiving permit approval from the Secretary, shall be subject to appropriate

enforcement action in accordance with the W.Va. Code.

17.4. Except as otherwise provided in subdivision 17.4.f, the following specific provisions apply with

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respect to any regulated NSR pollutant emitted from projects at existing emissions units at a major stationary

source, other than projects at a source with a PAL, in circumstances where there is a reasonable possibility,

within the meaning of subdivision 17.4.f, that a project that is not a part of a major modification may result

in a significant emissions increase of such pollutant, and the owner or operator elects to use the method

specified in subdivisions 2.59.a through 2.59.c for calculating projected actual emissions:

17.4.a. Before beginning actual construction of the project, the owner or operator shall document

and maintain a record of all of the following:

17.4.a.1. A description of the project;

17.4.a.2. Identification of the emissions unit or units whose emissions of a regulated NSR air

pollutant could be affected by the project; and

17.4.a.3. A description of the applicability test used to determine that the project is not a major

modification for any regulated NSR air pollutant, including the baseline actual emissions, the projected

actual emissions, the amount of emissions excluded under subdivision 2.59.c and an explanation why the

amount was excluded, and any netting calculations, if applicable;

17.4.b. If the emissions unit is an existing electric utility steam generating unit, before beginning

actual construction, the owner or operator shall provide a copy of the information required under subdivision

17.4.a to the Secretary. Nothing in this subdivision shall be construed to require the owner or operator of

the such a unit to obtain any determination from the department Secretary before beginning actual

construction.

17.4.c. The owner or operator shall monitor the emissions of any regulated NSR pollutant that could

increase as a result of the project and that is emitted by any emissions unit identified in subdivision 17.4.b. 

The owner or operator shall calculate and maintain a record of the annual emissions, in tons per year on a

calendar year basis, for a period of 5 years following resumption of regular operations after the change, or

for a period of 10 years following resumption of regular operations after the change if the project increases

the design capacity or potential to emit of that regulated NSR pollutant at such emissions unit.

17.4.d. If the emissions unit is an existing electric utility steam generating unit, the owner or

operator shall submit a report to the Secretary within 60 days after the end of each year during which records

must be generated under subdivision 17.4.c setting out the unit’s annual emissions during the calendar year

that preceded submission of the report.

17.4.e. If the emissions unit is an existing unit other than an electric utility steam generating unit,

the owner or operator shall submit a report to the department Secretary if the annual emissions, in tons per

year, from the project identified in subdivision 17.4.a, exceed the baseline actual emissions, as documented

and maintained pursuant to subdivision 17.4.c, by a significant amount for that regulated NSR air pollutant,

and if the emissions differ from the preconstruction projection that was provided to the department Secretary

pursuant to subdivision 17.4.b. The report shall be submitted to the Secretary within 60 days after the end

of the year. The report shall contain the following information:

17.4.e.1. The name, address and telephone number of the major stationary source;

17.4.e.2. The annual emissions as calculated pursuant to paragraph 17.4.a.3; and

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17.4.e.3. Any other information that the owner or operator wishes to include in the report, e.g., an

explanation as to why the emissions differ from the preconstruction projection.

17.4.f. A “reasonable possibility” under subsection 17.4 occurs when the owner or operator

calculates the project to result in either:

17.4.f.1. A projected actual emissions increase of at least 50 percent of the amount that is a

“significant emissions increase,” as defined under subsection 2.67 (without reference to the amount that is

a significant net emissions increase), for the regulated NSR pollutant; or

17.4.f.2. A projected actual emissions increase that, added to the amount of emissions excluded

under subdivision 2.59.c, sums to at least 50 percent of the amount that is a “significant emissions increase,”

as defined under subsection 2.67 (without reference to the amount that is a significant net emissions

increase), for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only

within the meaning of this paragraph, and not also within the meaning of paragraph 17.4.f.1, then provisions

under subdivisions 17.4.b through 17.4.e do not apply to the project.

17.5. The owner or operator of the source shall make the information required to be documented and

maintained pursuant to subsection 17.4 available for review upon request for inspection by the Secretary or

the public.

17.6. The requirements of this rule applicable to major stationary sources and major modifications of

volatile organic compounds shall apply to nitrogen oxides emissions from major stationary sources and major

modifications of nitrogen oxides in an ozone transport region or in any ozone nonattainment area, except in

ozone nonattainment areas or in portions of an ozone transport region where the Administrator has granted

a NOX waiver applying the standards set forth under section 182(f) of the CAA and the waiver continues to

apply.

17.7. Emission Offset Ratios.

17.7.a. In meeting the emissions offset requirements of subsection 7.1, the ratio of total actual

emissions reductions to the emissions increase shall be at least 1:1 unless an alternative ratio is provided for

the applicable nonattainment area in subdivisions 17.7.b through 17.7.d.

17.7.b. In meeting the emissions offset requirements of subsection 7.1 for ozone nonattainment areas

that are subject to Title I, Part D, Subpart 2 of the CAA, the ratio of total actual emissions reductions of VOC

to the emissions increase of VOC shall be as follows:

17.7.b.1. In any marginal nonattainment area for ozone -- at least 1.1:1;

17.7.b.2. In any moderate nonattainment area for ozone -- at least 1.15:1;

17.7.b.3. In any serious nonattainment area for ozone -- at least 1.2:1;

17.7.b.4. In any severe nonattainment area for ozone -- at least 1.3:1 (except that the ratio may be

at least 1.2:1 if the approved plan also requires all existing major sources in such nonattainment area to use

BACT for the control of VOC); and

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17.7.b.5. In any extreme nonattainment area for ozone -- at least 1.5:1 (except that the ratio may

be at least 1.2:1 if the approved plan also requires all existing major sources in such nonattainment area to

use BACT for the control of VOC); and

17.7.c. Notwithstanding the requirements of subdivision 17.7.b for meeting the requirements of

subsection 7.1, the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall

be at least 1.15:1 for all areas within an ozone transport region that is subject to Title I, Part D, Subpart 2 of

the CAA, except for serious, severe, and extreme ozone nonattainment areas that are subject to Title I, Part

D, Subpart 2 of the CAA.

17.7.d. In meeting the emissions offset requirements of subsection 7.1 for ozone nonattainment areas

that are subject to Title I, Part D, Subpart 1 of the CAA (but are not subject to Title I, Part D, Subpart 2 of

the CAA, including 8-hour ozone nonattainment areas subject to 40 CFR 51.902(b)), the ratio of total actual

emissions reductions of VOC to the emissions increase of VOC shall be at least 1:1.

17.8. The requirements of this rule applicable to major stationary sources and major modifications of

PM10 shall also apply to major stationary sources and major modifications of PM10 precursors, except where

the Administrator determines that such sources do not contribute significantly to PM10 levels that exceed the

PM10 ambient standards in the area.

17.9. In meeting the emissions offset requirements of section 7, the emissions offsets obtained shall be

for the same regulated NSR pollutant unless interprecursor offsetting is permitted for a particular pollutant

as specified in this subsection. The offset requirements in section 7 for direct PM2.5 emissions or emissions

of precursors of PM2.5 may be satisfied by offsetting reductions in direct PM2.5 emissions or emissions of any

PM2.5 precursor identified under subdivision 2.61.c if such offsets comply with the following interprecursor

trading ratios:

17.9.a. NOX to primary PM2.5 -- 200 tons of NOX for 1 ton of PM2.5; and 

17.9.b. SO2 to primary PM2.5 -- 40 tons of SO2 for 1 ton of PM2.5.

§45-19-18. Disposition of Permits.

18.1. In the event that the Secretary promulgates revisions to this rule, or in the event of a redesignation

of an attainment or non-attainment area (in accordance with section §107 of the CAA) prior to final

disposition of a permit, the Secretary shall make final disposition of the permit application in accordance

with such newly promulgated standards or redesignation.

§45-19-19. Requirements for Air Quality Models.

19.1. All estimates of ambient concentrations required under this rule shall be based on the applicable

air quality models, data bases, and other requirements specified in 40 CFR Part 51, Appendix W (Guideline

on Air Quality Models).

19.2. Where an air quality impact model specified in 40 CFR Part 51, Appendix W (Guideline on Air

Quality Models) is inappropriate, the model may be modified or another model substituted, provided that said

modification or substitution is approved in writing by the Administrator.

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§45-19-20. [Reserved.]

§45-19-21. [Reserved.]

§45-19-22. [Reserved.]

§45-19-23. Actuals PAL.

23.1. Applicability.

23.1.a. The Secretary may approve the use of an actuals PAL for any existing major stationary

source, except as provided in subdivision 23.1.b, if the PAL meets the requirements in subsections 23.1

through 23.15. The term “PAL” shall mean “actuals PAL” throughout section 23.

23.1.b. The Secretary shall not allow an actuals PAL for VOC or NOX for any major stationary

source located in an extreme ozone nonattainment area.

23.1.c. Any physical change in or change in the method of operation of a major stationary source

that maintains its total source-wide emissions below the PAL level, meets the requirements in subsections

23.1 through 23.15, and complies with the PAL permit:

23.1.c.1. Is not a major modification for the PAL pollutant;

23.1.c.2. Does not have to be approved through the plan’s nonattainment major NSR program; and 

23.1.c.3. Is not subject to the provisions in subdivision 17.3.c (restrictions on relaxing enforceable

emission limitations that the major stationary source used to avoid applicability of the nonattainment major

NSR program).

23.1.d. Except as provided under paragraph 23.1.c.3, a major stationary source shall continue to

comply with all applicable Federal or State requirements, emission limitations, and work practice

requirements that were established prior to the effective date of the PAL.

23.2. Definitions. Allowable emissions. -- For purposes of section 23, the term 

23.2.a. Allowable “allowable emissions” means “allowable emissions” as defined in subsection 2.4,

except as this definition is modified according to paragraphs 23.2.a.1 subdivisions 23.2.a through 23.2.a.2

23.2.b.

23.2.a.1. 23.2.a. The allowable emissions for any emissions unit shall be calculated considering

any emission limitations that are enforceable as a practical matter on the emissions unit’s potential to emit.

23.2.a.2. 23.2.b. An emissions unit’s potential to emit shall be determined using the definition

in subsection 2.55, except that the words “or enforceable as a practical matter” should shall be added after

“federally enforceable.”

23.3. Permit application requirements. -- As part of a permit application submitted pursuant to 45CSR13

requesting a PAL, the owner or operator of a major stationary source shall submit the following information

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to the Secretary for approval:

23.3.a. A list of all emissions units at the source designated as small, significant or major based on

their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, Federal

or State applicable requirements, emission limitations or work practices apply to each unit.

23.3.b. Calculations of the baseline actual emissions, with supporting documentation. Baseline

actual emissions are to include emissions associated not only with operation of the unit, but also emissions

associated with startup, shutdown and malfunction.

23.3.c. The calculation procedures that the major stationary source owner or operator proposes to

use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month

rolling total for each month as required by subdivision 23.11.a.

23.4. General requirements for establishing PALs.

23.4.a. The Secretary may establish a PAL at a major stationary source, provided that at a minimum,

the requirements in paragraphs 23.4.a.1 through 23.4.a.7 are met.

23.4.a.1. The PAL shall impose an annual emission limitation in tons per year, that is enforceable

as a practical matter, for the entire major stationary source. For each month during the PAL effective period

after the first 12 months of establishing a PAL, the major stationary source owner or operator shall show that

the sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive

months is less than the PAL (a 12-month average, rolled monthly). For each month during the first 11

months from the PAL effective date, the major stationary source owner or operator shall show that the sum

of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is

less than the PAL.

23.4.a.2. The PAL shall be established in a PAL permit that meets the public participation

requirements in subsection 23.5.

23.4.a.3. The PAL permit shall contain all the requirements of subsection 23.7.

23.4.a.4. The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions

units that emit or have the potential to emit the PAL pollutant at the major stationary source.

23.4.a.5. Each PAL shall regulate emissions of only one pollutant.

23.4.a.6. Each PAL shall have a PAL effective period of 10 years.

23.4.a.7. The owner or operator of the major stationary source with a PAL shall comply with the

monitoring, recordkeeping, and reporting requirements provided in subsections 23.12 through 23.14 for each

emissions unit under the PAL through the PAL effective period.

23.4.b. At no time (during or after the PAL effective period) are emissions reductions of a PAL

pollutant, which occur during the PAL effective period, creditable as decreases for purposes of offsets under

subsections 7.2 through 7.6, 8.1 through 8.2 and 8.6 through 8.9 unless the level of the PAL is reduced by

the amount of such emissions reductions and such reductions would be creditable in the absence of the PAL.

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23.5. Public participation requirement for PALs. -- PALs for existing major stationary sources shall be

established, renewed, or increased through a procedure that is consistent with 40 CFR §§ 51.160 and 51.161. 

The Secretary shall provide the public with notice of the proposed approval of a PAL permit and at least a

30-day period for submittal of public comment. The Secretary must address all material comments before

taking final action on the permit.

23.6. Setting the 10-year actuals PAL level.

23.6.a. Except as provided in subdivision 23.6.b, the actuals PAL level for a major stationary source

shall be established as the sum of the baseline actual emissions (as defined in subsection 2.52. 2.53) of the

PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level

for the PAL pollutant under subsection 2.66 or under the CAA, whichever is lower. When establishing the

actuals PAL level, for a PAL pollutant, only one consecutive 24-month period must be used to determine the

baseline actual emissions for all existing emissions units. However, a different consecutive 24-month period

may be used for each different PAL pollutant. Emissions associated with units that were permanently

shutdown after this 24-month period must be subtracted from the PAL level. Emissions from units on which

actual construction began after the 24-month period must be added to the PAL level in an amount equal to

the potential to emit of the units. The Secretary shall specify a reduced PAL level(s) (in tons/yr) in the PAL

permit to become effective on the future compliance date(s) of any applicable Federal or State regulatory

requirement(s) that the Secretary is aware of prior to issuance of the PAL permit. For instance, if the source

owner or operator will be required to reduce emissions from industrial boilers in half from baseline emissions

of 60 ppm NOX NOX to a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level

that is equal to the current PAL level reduced by half of the original baseline emissions of such unit(s).

23.6.b. For newly constructed units (which do not include modifications to existing units) on which

actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as

specified in subdivision 23.6.a, the emissions must be added to the PAL level in an amount equal to the

potential to emit of the units.

23.7. Contents of the PAL permit. -- The PAL permit shall contain, at a minimum, the information in

subdivisions 23.7.a through 23.7.j.

23.7.a. The PAL pollutant and the applicable source-wide emission limitation in tons per year.

23.7.b. The PAL permit effective date and the expiration date of the PAL (PAL effective period).

23.7.c. Specification in the PAL permit that if a major stationary source owner or operator applies

to renew a PAL in accordance with subsection 23.10 before the end of the PAL effective period, then the

PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL

permit is issued by the Secretary.

23.7.d. A requirement that emission calculations for compliance purposes include emissions from

startups, shutdowns and malfunctions.

23.7.e. A requirement that, once the PAL expires, the major stationary source is subject to the

requirements of subsection 23.9.

23.7.f. The calculation procedures that the major stationary source owner or operator shall use to

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convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling

total for each month as required by subdivision 23.13.a.

23.7.g. A requirement that the major stationary source owner or operator monitor all emissions units

in accordance with the provisions under subsection 23.12.

23.7.h. A requirement to retain the records required under subsection 23.3 on site. Such records may

be retained in an electronic format.

23.7.i. A requirement to submit the reports required under subsection 23.14 by the required

deadlines.

23.7.j. Any other requirements that the Secretary deems necessary to implement and enforce the

PAL.

23.8. PAL effective period and reopening of the PAL permit.

23.8.a. PAL effective period. -- The Secretary shall specify a PAL effective period of 10 years.

23.8.b. Reopening of the PAL permit.

23.8.b.1. During the PAL effective period, the Secretary shall reopen the PAL permit to:

23.8.b.1.A. Correct typographical or calculation errors made in setting the PAL or reflect a

more accurate determination of emissions used to establish the PAL.

23.8.b.1.B. Reduce the PAL if the owner or operator of the major stationary source creates

creditable emissions reductions for use as offsets under subsections 7.2 through 7.6, 8.1 through 8.2 and 8.6

through 8.9.

23.8.b.1.C. Revise the PAL to reflect an increase in the PAL as provided under subsection

23.11.

23.8.b.2. The Secretary may reopen the PAL permit for the following:

23.8.b.2.A. Reduce the PAL to reflect newly applicable Federal requirements (for example,

NSPS) with compliance dates after the PAL effective date.

23.8.b.2.B. Reduce the PAL consistent with any other requirement, that is enforceable as a

practical matter, and that the State Secretary may impose on the major stationary source under the plan.

23.8.b.2.C. Reduce the PAL if the Secretary determines that a reduction is necessary to avoid

causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality

related value that has been identified for a Federal Class I area by a Federal Land Manager and for which

information is available to the general public.

23.8.b.3. Except for the permit reopening in subparagraph 23.8.b.1.A for the correction of

typographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried out

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in accordance with the public participation requirements of subsection 23.5.

23.9. Expiration of a PAL. -- Any PAL which is not renewed in accordance with the procedures in

subsection 23.10 shall expire at the end of the PAL effective period, and the requirements in subdivision

23.9.a through 23.9.e shall apply.

23.9.a. Each emissions unit (or each group of emissions units) that existed under the PAL shall

comply with an allowable emission limitation under a revised permit established according to the procedures

in paragraphs 23.9.a.1 through 23.9.a.2.

23.9.a.1. Within the time frame specified for PAL renewals in subdivision 23.10.b, the major

stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each

group of emissions units, if such a distribution is more appropriate as decided by the Secretary) by

distributing the PAL allowable emissions for the major stationary source among each of the emissions units

that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became

effective during the PAL effective period, as required under subdivision 23.10.e, such distribution shall be

made as if the PAL had been adjusted.

23.9.a.2. The Secretary shall decide whether and how the PAL allowable emissions will be

distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group

of emissions units, as the Secretary determines is appropriate.

23.9.b. Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month

rolling basis. The Secretary may approve the use of monitoring systems (source testing, emission factors,

etc.) other than CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission

limitation.

23.9.c. Until the Secretary issues the revised permit incorporating allowable limits for each

emissions unit, or each group of emissions units, as required under paragraph 23.9.a.1, the source shall

continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission

limitation.

23.9.d. Any physical change or change in the method of operation at the major stationary source will

be subject to the nonattainment major NSR requirements if such change meets the definition of major

modification in subdivision 2.33.

23.9.e. The major stationary source owner or operator shall continue to comply with any State or

Federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL

effective period or prior to the PAL effective period except for those emission limitations that had been

established pursuant to subdivision 17.3.c, but were eliminated by the PAL in accordance with the provisions

in paragraph 23.1.c.3.

23.10. Renewal of a PAL.

23.10.a. The Secretary shall follow the procedures specified in subsection 23.5 in approving any

request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a

written rationale for the proposed PAL level to the public for review and comment. During such public

review, any person may propose a PAL level for the source for consideration by the Secretary.

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23.10.b. Application deadline. -- The owner or operator of a major stationary source shall submit a

timely application to the Secretary to request renewal of a PAL. A timely application is one that is submitted

at least 6 months prior to, but not earlier than 18 months from, the date of permit expiration. This deadline

for application submittal is to ensure that the permit will not expire before the permit is renewed. If the

owner or operator of a major stationary source submits a complete application to renew the PAL within this

time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is

issued.

23.10.c. Application requirements. -- The application to renew a PAL permit shall contain the

information required in paragraphs 23.10.c.1 through 23.10.c.4.

23.10.c.1. The information required in subdivisions 23.3.a through 23.3.c.

23.10.c.2. A proposed PAL level.

23.10.c.3. The sum of the potential to emit of all emissions units under the PAL (with supporting

documentation).

23.10.c.4. Any other information the owner or operator wishes the Secretary to consider in

determining the appropriate level for renewing the PAL.

23.10.d. PAL adjustment. -- In determining whether and how to adjust the PAL, the Secretary shall

consider the options outlined in paragraphs 23.10.d.1 and 23.10.d.2. However, in no case may any such

adjustment fail to comply with paragraph 23.10.d.3.

23.10.d.1. If the emissions level calculated in accordance with subsection 23.6 is equal to or

greater than 80 percent of the PAL level, the Secretary may renew the PAL at the same level without

considering the factors set forth in paragraph 23.10.d.2.; or 

23.10.d.2. The Secretary may set the PAL at a level that it determines to be more representative

of the source’s baseline actual emissions, or that it determines to be appropriate considering air quality needs,

advances in control technology, anticipated economic growth in the area, desire to reward or encourage the

source’s voluntary emissions reductions, or other factors as specifically identified by the Secretary in its

written rationale.

23.10.d.3. Notwithstanding paragraphs 23.10.d.1 and 23.10.d.2,

23.10.d.3.A. If the potential to emit of the major stationary source is less than the PAL, the

Secretary shall adjust the PAL to a level no greater than the potential to emit of the source; and 

23.10.d.3.B. The Secretary shall not approve a renewed PAL level higher than the current PAL,

unless the major stationary source has complied with the provisions of subsection 23.11 (increasing a PAL).

23.10.e. If the compliance date for a State or Federal requirement that applies to the PAL source

occurs during the PAL effective period, and if the Secretary has not already adjusted for such requirement,

the PAL shall be adjusted at the time of PAL permit renewal or title V permit renewal, whichever occurs

first.

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23.11. Increasing a PAL during the PAL effective period.

23.11.a. The Secretary may increase a PAL emission limitation only if the major stationary source

complies with the provisions in paragraphs 23.11.a.1 through 23.11.a.4.

23.11.a.1. The owner or operator of the major stationary source shall submit a complete

application to request an increase in the PAL limit for a PAL major modification. Such application shall

identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary

source’s emissions to equal or exceed its PAL.

23.11.a.2. As part of this application, the major stationary source owner or operator shall

demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the

baseline actual emissions of the significant and major emissions units assuming application of BACT

equivalent controls, plus the sum of the allowable emissions of the new or modified emissions unit(s)

exceeds the PAL. The level of control that would result from BACT equivalent controls on each significant

or major emissions unit shall be determined by conducting a new BACT analysis at the time the application

is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement

that was established within the preceding 10 years. In such a case, the assumed control level for that

emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently

comply.

23.11.a.3. The owner or operator obtains a major NSR permit for all emissions unit(s) identified

in paragraph 23.11.a.1, regardless of the magnitude of the emissions increase resulting from them (that is,

no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting

from the nonattainment major NSR program process (for example, LAER), even though they have also

become subject to the PAL or continue to be subject to the PAL.

23.11.a.4. The PAL permit shall require that the increased PAL level shall be effective on the

day any emissions unit that is part of the PAL major modification becomes operational and begins to emit

the PAL pollutant.

23.11.b. The Secretary shall calculate the new PAL as the sum of the allowable emissions for each

modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major

emissions units (assuming application of BACT equivalent controls as determined in accordance with

paragraph 23.11.a.2), plus the sum of the baseline actual emissions of the small emissions units.

23.11.c. The PAL permit shall be revised to reflect the increased PAL level pursuant to the public

notice requirements of subsection 23.5.

23.12. Monitoring requirements for PALs.

23.12.a. General requirements.

23.12.a.1. Each PAL permit must contain enforceable requirements for the monitoring system

that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any

monitoring system authorized for use in the PAL permit must be based on sound science and meet generally

acceptable scientific procedures for data quality and manipulation. Additionally, the information generated

by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce

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the PAL permit.

23.12.a.2. The PAL monitoring system must employ one or more of the four general monitoring

approaches meeting the minimum requirements set forth in paragraphs 23.12.b.1 through 23.12.b.4 and must

be approved by the Secretary.

23.12.a.3. Notwithstanding paragraph 23.12.a.2, you may also employ an alternative monitoring

approach that meets paragraph 23.12.a.1 if approved by the Secretary.

23.12.a.4. Failure to use a monitoring system that meets the requirements of this rule renders the

PAL invalid.

23.12.b. Minimum Performance Requirements for Approved Monitoring Approaches. -- The

following are acceptable general monitoring approaches when conducted in accordance with the minimum

requirements in subdivisions 23.12.c through 23.12.i: 

23.12.b.1. Mass balance calculations for activities using coatings or solvents;

23.12.b.2. CEMS;

23.12.b.3. CPMS or PEMS; and 

23.12.b.4. Emission Factors.

23.12.c. Mass Balance Calculations. -- An owner or operator using mass balance calculations to

monitor PAL pollutant emissions from activities using coating or solvents shall meet the following

requirements:

23.12.c.1. Provide a demonstrated means of validating the published content of the PAL

pollutant that is contained in or created by all materials used in or at the emissions unit;

23.12.c.2. Assume that the emissions unit emits all of the PAL pollutant that is contained in or

created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for

in the process; and

23.12.c.3. Where the vendor of a material or fuel, which is used in or at the emissions unit,

publishes a range of pollutant content from such material, the owner or operator must use the highest value

of the range to calculate the PAL pollutant emissions unless the Secretary determines there is site-specific

data or a site-specific monitoring program to support another content within the range.

23.12.d. CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet

the following requirements:

23.12.d.1. CEMS must comply with applicable Performance Specifications found in 40 CFR Part

60, appendix B; and

23.12.d.2. CEMS must sample, analyze and record data at least every 15 minutes while the

emissions unit is operating.

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23.12.e. CPMS or PEMS. -- An owner or operator using CPMS or PEMS to monitor PAL pollutant

emissions shall meet the following requirements:

23.12.e.1. The CPMS or the PEMS must be based on current site-specific data demonstrating

a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of

operation of the emissions unit; and

23.12.e.2. Each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes,

or at another less frequent interval approved by the Secretary while the emissions unit is operating.

23.12.f. Emission factors. -- An owner or operator using emission factors to monitor PAL pollutant

emissions shall meet the following requirements:

23.12.f.1. All emission factors shall be adjusted, if appropriate, to account for the degree of

uncertainty or limitations in the factors’ development;

23.12.f.2. The emissions unit shall operate within the designated range of use for the emission

factor, if applicable; and

23.12.f.3. If technically practicable, the owner or operator of a significant emissions unit that

relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to

determine a site-specific emission factor within 6 months of PAL permit issuance, unless the Secretary

determines that testing is not required.

23.12.g. A source owner or operator must record and report maximum potential emissions without

considering enforceable emission limitations or operational restrictions for an emissions unit during any

period of time that there is no monitoring data, unless another method for determining emissions during such

periods is specified in the PAL permit.

23.12.h. Notwithstanding the requirements in subdivisions 23.12.c through 23.12.g, where an owner

or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and

the PAL pollutant emissions rate at all operating points of the emissions unit, the Secretary shall, at the time

of permit issuance:

23.12.h.1. Establish default value(s) for determining compliance with the PAL based on the

highest potential emissions reasonably estimated at such operating point(s); or

23.12.h.2. Determine that operation of the emissions unit during operating conditions when there

is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL.

23.12.i. Re-validation. -- All data used to establish the PAL pollutant must be re-validated through

performance testing or other scientifically valid means approved by the Secretary. Such testing must occur

at least once every 5 years after issuance of the PAL.

23.13. Recordkeeping requirements.

23.13.a. The PAL permit shall require an owner or operator to retain a copy of all records necessary

to determine compliance with any requirement of section 23 and of the PAL, including a determination of

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each emissions unit’s 12-month rolling total emissions, for 5 years from the date of such record.

23.13.b. The PAL permit shall require an owner or operator to retain a copy of the following records

for the duration of the PAL effective period plus 5 years:

23.13.b.1. A copy of the PAL permit application and any applications for revisions to the PAL;

and

23.13.b.2. Each annual certification of compliance pursuant to title V 45CSR30 and the data

relied on in certifying the compliance.

23.14. Reporting and notification requirements. -- The owner or operator shall submit semi-annual

monitoring reports and prompt deviation reports to the Secretary in accordance with the applicable title V

operating permit program 45CSR30. The reports shall meet the requirements in subdivisions 23.14.a through

23.14.c.

23.14.a. Semi-Annual Report. -- The semi-annual report shall be submitted to the Secretary within

30 days of the end of each reporting period. This report shall contain the information required in paragraphs

23.14.a.1 through 23.14.a.7.

23.14.a.1. The identification of owner and operator and the permit number.

23.14.a.2. Total annual emissions (tons/year) based on a 12-month rolling total for each month

in the reporting period recorded pursuant to subdivision 23.13.a.

23.14.a.3. All data relied upon, including, but not limited to, any Quality Assurance or Quality

Control data, in calculating the monthly and annual PAL pollutant emissions.

23.14.a.4. A list of any emissions units modified or added to the major stationary source during

the preceding 6-month period.

23.14.a.5. The number, duration, and cause of any deviations or monitoring malfunctions, other

than the time associated with zero and span calibration checks, and any corrective action taken.

23.14.a.6. A notification of a shutdown of any monitoring system, whether the shutdown was

permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will

be fully operational or replaced with another monitoring system, and whether the emissions unit monitored

by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the

number determined by method included in the permit, as provided by subdivision 23.12.g.

23.14.a.7. A signed statement by the responsible official (as defined by the applicable title V

operating permit program 45CSR30) certifying the truth, accuracy, and completeness of the information

provided in the report.

23.14.b. Deviation report. -- The major stationary source owner or operator shall promptly submit

reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring

is available. A report submitted pursuant to 45CSR30-5.1.c.3 shall satisfy this reporting requirement. The

deviation reports shall be submitted within the time limits prescribed by 45CSR30-5.1.c.3. The reports shall

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contain the following information:

23.14.b.1. The identification of owner and operator and the permit number;

23.14.b.2. The PAL requirement that experienced the deviation or that was exceeded;

23.14.b.3. Emissions resulting from the deviation or the exceedance; and

23.14.b.4. A signed statement by the responsible official (as defined by 45CSR30) certifying the

truth, accuracy, and completeness of the information provided in the report.

23.14.c. Re-validation results. -- The owner or operator shall submit to the Secretary the results of

any re-validation test or method within 3 months after completion of such test or method.

23.15. Transition requirements.

23.15.a. The Secretary shall not issue a PAL that does not comply with the requirements in

subsections 23.1 through 23.15 after the Administrator has approved regulations rules incorporating these

requirements into the WV West Virginia State Implementation Plan (SIP).

23.15.b. The Secretary may supersede any PAL which was established prior to the date of approval

of this rule by the Administrator with a PAL that complies with the requirements of subsections 23.1 through

23.15.

§45-19-24. Conflict with Other Permitting Rules.

24.1. For sources required to obtain a permit under this rule, the provisions of 45CSR13 and 45CSR14

requiring a permit do not apply, so that only a single preconstruction permit is required; provided however,

that:

24.1.a. The base permit application fee of $1,000 pursuant to 45CSR22, subdivision 3.4.a shall

apply to such sources in addition to other applicable fees; and

24.1.b. Any permit issued under this rule includes conditions that ensure compliance with the

provisions of 45CSR13 and 45CSR19 to the extent applicable to any regulated NSR pollutant not otherwise

covered under this rule.

24.2. For sources that may be subject to 45CSR13, 45CSR14 and/or 45CSR19, the more stringent

provisions of each applicable rule shall apply.

§45-19-25. Inconsistency Between Rules.

25.1. In the event of any inconsistency between this rule and any other rule of the West Virginia

Department of Environmental Protection, such inconsistency shall be resolved by the determination of the

Secretary and such determination shall be based upon the application of the more stringent provision, term,

condition, method or rule.

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PERMITS FOR CONSTRUCTION AND MAJOR MODIFICATION OF MAJOR

STATIONARY SOURCES OF AIR POLLUTION WHICH CAUSE OR CONTRIBUTE

TO NONATTAINMENT

RESPONSE TO COMMENTS

On June 10, 2011, the Division of Air Quality (DAQ) commenced a thirty day public

comment period and subsequently held a public hearing on July 11, 2011 to accept oral comments

on proposed revisions to legislative rule 45CSR19. Written comments were also accepted through

6:00 PM on Monday, July 11, 2011.

Two commenters provided substantive verbal comments at the public hearing concerning

proposed rule 45CSR19. One commentersubmitted written comments on proposed rule 45CSR19.

DAQ addresses these comments below.

I. COMMENTER: Environmental Protection Agency

COMMENT A. The commenter states, “West Virginia has included in their non-attainment

new X 2.5 source review regulations (45CSR19) interpollutant trading ratios for NO to primary PM

and SO2 2.5 to primary PM , which were the preferred ratios published by EPA in the May 16, 2008

2.5 final rule for implementing PM under the New Source Review (NSR) program. On February

10,2009 the National Resource Defense Council (NRDC) and Sierra Club (SC)submitted a petition

for reconsideration of four provisions contained in this final rule, among them the preferred

2.5 interpollutant trading ratios for PM . The petitioners claimed that the decision to include

interpollutant trading ratios was unlawful and arbitrary, and that the ratios were developed without

public input. EPA granted the petition for reconsideration in an April 24, 2009 letter, which was

published in the Federal Register on June 1, 2009. In granting the petition for reconsideration, EPA

committed to allow for public comment on the issues raised in the petition. It is unlikely that EPA

will move forward with taking the preferred ratios out for public comment at this time. Therefore,

we recommend West Virginia do one of the following:

• Develop a technical demonstration supporting the preferred ratios;

• Develop a technical demonstration for new, state-specific ratios;

• Propose placeholder language that would allow for trading ratios to be developed at a later

date (see 40CFR51.165(a)(11).

In any of the above scenarios, the state must provide for public notice and hearing for any technical

demonstration supporting the interpollutant trading ratios, and such demonstration must be included

as part of the SIP.”

1
RESPONSE A. DAQ will submit to EPA as a SIP revision a technical demonstration

supporting the preferred ratios.

II. COMMENTER: Don Gasper

COMMENT A. The commenter states, “The nonattainment areas, I believe are in cities,

maybe six of them in west Virginia, I think they should be regarded as hot spots and control the

emissions from a regional aspect. ..... Quite a study, I hope you guys do that kind of work and make

recommendations that are very professional and tell us what your goals are and how you are

reaching them and what you have to do. I think you will find broad public support for cleaning up

the air.”

RESPONSE A. DAQdoes develop plans for improving air qualityin nonattainment areas, and

provides public notice of the plans. For example, DAQ submitted attainment demonstrations to

EPA 2.5 for the 1997 PM ambient air quality standards for Charleston, Huntington and Parkersburg. 

Also, any new source in nonattainment areas are subject to the rigorous provisions of 45CSR19.

III. COMMENTER: Mary Ann Maul

COMMENT A. The commenter states, “ I have a comment on the rule 45CSR19. My name

is Mary Ann Maul, I'm a an environmental lawyer in Charleston, West Virginia. I represent Bill

Hughes in a QB case 10-03, the Air Quality Board, an appeal of two compressor stations that are

proposed for Wetzel and Marshall counties, which all of them had, the wells had connected to them

by pipelines that were constructed to carry natural gas. I believe Marshall County is in

nonattainment for ozone. While I mentioned earlier in my clients concerning where in 14, the major

permitting issue does not reach that issue because we were unsuccessful in our argument, that the

two compressor stations should be aggregated together for permitting purposes, and also that the

wells connected to each of the two compressor stations should also be aggregated for permitting

purposes. Had we reached those major permitting issues and our arguments been answered in the

affirmative, then the issue of Reg 19's application would have become an issue in the case.

Therefore, I want to say again that the reading in that case concerning Reg 19, and the applicability

of the nonattainment provision should be considered in your rulemaking.”

RESPONSE A. DAQ notes that scope the comment is an Air Quality Board matter, and not

one relevant to the proposed revisions to 45CSR19. DAQ also notes that sources subject to the

appeal would not be subject to 45CSR19 for ozone, even if aggregated. Marshall County is currently

designated attainment for the 1997 ozone standards, and there have been no subsequent designations

to date.

2


COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 253

(By Senator Minard)

__________

[Originating in the Committee on the Judiciary;

reported February 3, 2012.]

__________

A BILL to amend and reenact article 3, chapter 64 of the Code of

West Virginia, 1931, as amended, relating generally to the

promulgation of administrative rules by the Department of

Environmental Protection; legislative mandate or authorization for the promulgation of certain legislative rules by various

executive or administrative agencies of the state; authorizing

certain of the agencies to promulgate certain legislative rules

in the form that the rules were filed in the State Register;

authorizing certain of the agencies to promulgate certain

legislative rules in the form that the rules were filed in the
Com. Sub. for S. B. No. 253] 2

State Register and as amended by the Legislature; authorizing

certain of the agencies to promulgate certain legislative rules

as amended by the Legislature; authorizing the Department of

Environmental Protection to promulgate a legislative rule

relating to solid waste management; authorizing the Department of Environmental Protection to promulgate a legislative

rule relating to hazardous waste management system; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards;

authorizing the Department of Environmental Protection to

promulgate a legislative rule relating to permits for construction and major modification of major stationary sources for the

prevention of significant deterioration of air quality; authorizing the Department of Environmental Protection to promulgate

a legislative rule relating to standards of performance for new

stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to

the control of air pollution from the combustion of solid waste;

authorizing the Department of Environmental Protection to

promulgate a legislative rule relating to permits for construction and major modification of major stationary sources which

cause or contribute to nonattainment areas; authorizing the
3 [Com. Sub. for S. B. No. 253

Department of Environmental Protection to promulgate a

legislative rule relating to the control of air pollution from

hazardous waste treatment, storage and disposal facilities;

authorizing the Department of Environmental Protection to

promulgate a legislative rule relating to requirements for

operating permits; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to

emission standards for hazardous air pollutants; authorizing

the Department of Environmental Protection to promulgate a

legislative rule relating to determining conformity of general

federal actions to applicable implementation plans; authorizing the Department of Environmental Protection to promulgate

a legislative rule relating to the greenhouse gas emissions

inventory program; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to

the National Pollutant Discharge Elimination System

(NPDES) Program; and authorizing the Department of

Environmental Protection to promulgate a legislative rule

relating to voluntary remediation and redevelopment.

Be it enacted by the Legislature of West Virginia:

That article 3, chapter 64 of the Code of West Virginia, 1931,

as amended, be amended and reenacted to read as follows:
Com. Sub. for S. B. No. 253] 4

ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF ENVIRONMENTAL PROTECTION TO PROMULGATE LEGISLATIVE RULES.

§64-3-1. Department of Environmental Protection.

1 (a) The legislative rule filed in the State Register on July

2 29, 2011, authorized under the authority of section five,

3 article fifteen, chapter twenty-two of this code, relating to

4 the Department of Environmental Protection (solid waste

5 management, 33 CSR 1), is authorized.

6 (b) The legislative rule filed in the State Register on July

7 28, 2011, authorized under the authority of section six,

8 article eighteen, chapter twenty-two of this code, relating to

9 the Department of Environmental Protection (hazardous

10 waste management system, 33 CSR 20), is authorized.

11 (c) The legislative rule filed in the State Register on July

12 29, 2011, authorized under the authority of section four,

13 article five, chapter twenty-two of this code, relating to the

14 Department of Environmental Protection (ambient air

15 quality standards, 45 CSR 8), is authorized.

16 (d) The legislative rule filed in the State Register on July

17 29, 2011, authorized under the authority of section four,

18 article five, chapter twenty-two of this code, relating to the
5 [Com. Sub. for S. B. No. 253

19 Department of Environmental Protection (permits for

20 construction and major modification of major stationary

21 sources for the prevention of significant deterioration of air

22 quality, 45 CSR 14), is authorized.

23 (e) The legislative rule filed in the State Register on July

24 29, 2011, authorized under the authority of section four,

25 article five, chapter twenty-two of this code, relating to the

26 Department of Environmental Protection (standards of

27 performance for new stationary sources, 45 CSR 16), is

28 authorized.

29 (f) The legislative rule filed in the State Register on July

30 29, 2011, authorized under the authority of section four,

31 article five, chapter twenty-two of this code, relating to the

32 Department of Environmental Protection (control of air

33 pollution from combustion of solid waste, 45 CSR 18), is

34 authorized.

35 (g) The legislative rule filed in the State Register on July

36 29, 2011, authorized under the authority of section four,

37 article five, chapter twenty-two of this code, relating to the

38 Department of Environmental Protection (permits for

39 construction and major modification of major stationary
Com. Sub. for S. B. No. 253] 6

40 sources which cause or contribute to nonattainment areas, 45

41 CSR 19), is authorized.

42 (h) The legislative rule filed in the State Register on July

43 29, 2011, authorized under the authority of section four,

44 article five, chapter twenty-two of this code, relating to the

45 Department of Environmental Protection (control of air

46 pollution from hazardous waste treatment, storage or

47 disposal facilities, 45 CSR 25), is authorized.

48 (i) The legislative rule filed in the State Register on

49 March 16, 2011, authorized under the authority of section

50 four, article five, chapter twenty-two of this code, relating to

51 the Department of Environmental Protection (requirements

52 for operating permits, 45 CSR 30), is authorized.

53 (j) The legislative rule filed in the State Register on July

54 29, 2011, authorized under the authority of section four,

55 article five, chapter twenty-two of this code, relating to the

56 Department of Environmental Protection (emission stan57 dards for hazardous air pollutants, 45 CSR 34), is authorized.

58 (k) The legislative rule filed in the State Register on July

59 29, 2011, authorized under the authority of section four,

60 article five, chapter twenty-two of this code, relating to the

61 Department of Environmental Protection (determining
7 [Com. Sub. for S. B. No. 253

62 conformity of general federal actions to applicable imple63 mentation plans (general conformity), 45 CSR 35), is autho64 rized.

65 (l) The legislative rule filed in the State Register on July

66 29, 2011, authorized under the authority of section four,

67 article five, chapter twenty-two of this code, relating to the

68 Department of Environmental Protection (greenhouse gas

69 emissions inventory program, 45 CSR 42), is authorized.

70 (m) The legislative rule filed in the State Register on July

71 8, 2011, authorized under the authority of section four,

72 article eleven, chapter twenty-two of this code, approved for

73 promulgation by the Legislature on March 18, 2011, relating

74 to the Department of Environmental Protection (National

75 Pollutant Discharge Elimination System (NPDES) Program,

76 47 CSR 10), is authorized with the following amendments:

77 On page one, subsection 2.6., by striking out “2006” and

78 inserting in lieu thereof “2009”;

79 On page fifteen, subparagraph 4.4.c.1.J., by striking out

80 “40 C.F.R. §412(C) or (D)” and inserting in lieu thereof “40

81 C.F.R. Part 412, Subpart C or D”;

82 And,
Com. Sub. for S. B. No. 253] 8

83 On page forty-seven, paragraph 13.1.f.2., by striking out

84 all of paragraph 13.1.f.2. and inserting in lieu thereof a new

85 paragraph 13.1.f.2. to read as follows:

86 13.1.f.2. Expansion of AFO to CAFO. For other opera87 tions (e.g. resulting from an increase in the number of

88 animals), the owner or operator must seek to obtain coverage

89 under a permit as soon as possible, but no later than ninety

90 (90) days after becoming defined as a CAFO.

91 (n) The legislative rule filed in the State Register on July

92 29, 2011, authorized under the authority of section three,

93 article twenty-two, chapter twenty-two of this code, relating

94 to the Department of Environmental Protection (voluntary

95 remediation and redevelopment, 60 CSR 3), is authorized

96 with the following amendments:

97 On page seventy-eight, by striking out all of the de

98 minimis values for the parameter “Hexachloroethane” and

99 inserting in lieu thereof new de minimis values for the

100 parameter “Hexachloroethane” to read as follows:

101 “Residential Soil - 1.2E+01, Industrial Soil - 6.2E+02,

102 Ground Water - 1.7E+00, Migration to Groundwater - 2.0E103 02”;

104 And,
9 [Com. Sub. for S. B. No. 253

105 On page eighty-two, by striking out all of the de minimis

106 values for the parameter “Trichloroethylene (TCE)” and

107 inserting in lieu thereof new de minimis values for the

108 parameter “Trichloroethylene (TCE)” to read as follows:

109 “Residential Soil - 4.8E-01, Industrial Soil - 2.1E+01,

110 Ground Water - 5.0E+00, Migration to Groundwater - 3.6E111 02”.