BEFORE THE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF AIR QUALITY

IN THE MATTER OF: PROPOSED REVISIONS TO RULE 45CSR14, PERMITS FOR CONSTRUCTIONAND MAJOR MODIFICATION OF MAJOR STATIONARY SOURCES OF AIR POLLUTION FOR THE PREVENTION OF SIGNIFICANT DETERIORATION

TRANSCRIPT OF PROCEEDINGS had or testimony adduced pursuant to the West Virginia Rules of Civil Procedure in the a.bove-entitledaction, on the llth day of August, 2008, commencing at 6:17 p.m. and concluding at 6:19p.m., at the West Virginia Department of Environmental Protection, 601 57t"Street S.E., Charleston, Kanawha County, West Virginia, taken by Jo A.nnWilson, Certified Court Reporter, duly certified by the West Virginia Supreme Court of Appeals and Notary of West Virginia, pursuant to notice to all interested parties.

BEFORE: JAMES MASON, Moderator

NANCYMClYEALY CERTIFIEDCOURT REPORTER PostOfficeBox13415 Charleston,WestVirginia 25360-0415 (304)988-2873 FAX(304)988-1419INDEX

Reporter's Certificate

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MR. MASON: This public hearing will now come to order on this llthday of August, 2008, at the West
Headquarters. Comments and testimony will be accepted until the close of this hearing, and will be made part of the rulemaking record. Any question regarding revisions to the rules, or repeal, will be included with your comments. Any such question will be answered as part of the response to comments in the rulemaking record. The purpose of this public hearing is to satisfy state rulemaking requirementsby accepting comments on Proposed Revisions to Rule 45CSR14, Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration. This rule establishes a state construction permit program consistent with the federal Clean Air Act's Title 

### Iprogram, and implementing regulations titled Prevention of Significant Deterioration of Air Quality. Revisions to the rule remove provisions for pollution controlprojects and clean units per a 2005 U.S. Court of Appeals decision which vacated these provisions in the federal counterpart. New references to NOx as a precursor are also included in the proposed rule to comport with federal counterpart language.1 2 3 4 5 6 7 8 9 10 11 12 Proceedings 4

The Division of Air Quality will provide EPA with a separate 30-day review and comment period, and upon authorization and promulgation of 45CSR14, the Division will submit the rule to the U.S. Environmental Protection Agency as a revision to the State Implementation Plan, pursuant to the federal CleanAir Act. The floor is now open for comments. (Therebeing no comments, Proceedings resumed as follows.) MR. MASON: There being nothing further, this public hearing for Proposed Rule 45CSR14 is concluded. (WHEREUPON,the public hearing was concluded.)REPORTER'S CERTIFICATE

STATE OFWEST VIRGINIA, COUNTY OF KANAWHA, towit:

I, JOANN WILSON, Certified Court Reporter, do hereby certify that the foregoing is, tothe best of my skill and ability, a true and accurate transcript of all theproceedings as set forth inthe caption hereof. Given under my hand this 20th day of August, 2008. My commission expires July 10, 2016.



### UCertified Court Reporter