### DEPARTMENT OF ENVI RONMENTAL PROT ECTI ON DIVI SI ON OF AIR Q UALIT Y

BRI EFING DOCUMENT

Rule Title: 45CSR 14 - “P er m i t s fo r C o n s truction and Major Modification of Major

S t ati onary Sources of Air Pollut ion for the Prevention of Significan t Deter ioration”

A. AUTHORITY: W.Va. Code §22-5-4

B. SUMMAR

Y OF RULE:
This rule establishes a state construction permit prog ram consistent with the fede ral Clean Air Act’s Title I prog ram and implementing regu l at i o ns at 40 CFR §51.166, “Preve ntion of Signi fi cant Deter ioration of Air Quality .” 45CSR 14 is part of the State Implementation Plan and sets forth the criter ia and proce dures for major stationary source s to obtain a per

mit to construct, operate and/or modify a major stationar

y source
.

C. STATE MENT OF CIRCUM STANCES WH ICH REQUIRE RULE:
As require d by 40 CFR Part 51, Subpart I - “Review o f New Sources and Modifications,” this rule adopts criter ia and proce dures for the pre v ention of signific ant deter ioration of air quality that are consistent with the g overning fede ral regulation at 40 CFR §51.166. Promulgation of this rule by the L eg islature is ne cessa ry for the State to f

ulfill it s responsibilities under 40 CFR Part 51 and the CAA, as ame nded.
Revisions to the rule incorporate chang es to the fede ral co u n t erpart, Prevention of Significa nt Deter ioration for Particulate Matter L ess Than 2.5 Micrometer s - Incre ments , Significa nt Impact L evels and Significa nt Monitoring Concentration. The rule title has been slightly revised for clarity

. There is a revised Scope section which provides additional citings to the fede ral co u n t erpart, pertinent sections of the Clean Air Act, and states that prec onstruction permits must contain emissions limit ations to preve nt signific ant deter ioration of air quality

. The rule includes clar ified languag e reg arding EPA’s stay of the Fug itive Emissions Rule, which stay s the require ment that fug itive emissions be included in deter mining whethe r a p hy sical or operational chang e resulted in a major modification. There are also minor revisions that ensure consistency with fede ral counter part l anguag e, while other minor revisions are stylisti c in nature

. The DAQ will submit final rule 45CSR 14
as a r evision to the State I mplementation Plan.Briefin g Docum ent

45CSR14 P age 2
D. F EDERAL COUNTERP ART REGU LATIONS - INCORP ORATION BY

REF ERENCE/DET ERMINATION OF STRINGENCY:
A fede ral counter

part to this proposed rule exis ts. Be cause proposed revisions make the rule confor

m to the fede ral counter

part rule, no deter

mination of stringe ncy is require d.

E. CONSTIT UTIONAL TAKING S DETE RMINA TION:

In acc ordanc e with W.Va. Code §§22-1A- 1 and 3(c), the Secreta ry has dete rmined that this rule will not result in taking of pri v at e proper ty within the meaning of the Constit utions of West Virginia a nd the United States of Ame rica

.

F
. CONSULTATIO N WITH THE ENVIRONMENTAL P ROTECTIO N ADVISORY COUNC IL:
At its J une 2, 2011 meeting , the Environmental Protecti o n Ad v isory Council revie wed a

nd discussed this rule. (See attache d minutes for Council’s discussion).