page 1) 

AGESCY Air Quality 

RULE TYPE L egisla tire AMESDMEST TO EXISTISG RULE Yes TITLE-SERIES 45-14 

RULE SAME Permits for Construction and Major Modification of Major Stationan Sources far the 

Prevention of Significant Deterioration of Air Quality 

CITE AUTHORITY 225-4 

COMMESTS LIMITED TO 

Oral And Written 

DATE OF PUBLIC WEARISG lfonda~, July 03,2013 6:00 PI1 

LOCATIOS OF PUBLIC HEARISG 

West Yirginia Department of Environmental Protection 

Doh Sods Conference Room (Room 1125) 601 57th Street, SE 

Charleston, N3- 25304 

DATE IIRITTES CUMMEST PERIOD ESDS lfonda~, Jub OS: 2013 ?:00 P~I 

~TRITTES COXMESTS -WAY BE MAILED TO 

West \-irginia Department of Environmental Protection Pubiic Information Office 601 57th Street, SE 

Charleston, 111- 25304 

JUN 

BY CHOOSISG 'YES', I ATTEST THAT THE PRE'C'IOUS STATEMESTS ARE TRUE ASD CORRECT. 

Yes Kristin -4 Boggs - B?- my signature, 1 certify that I am the person authorized to file legislath-e rules, in accordance with West riia Code 829-4-3-11 and 939-4-3-2. 

Title-Series: 45-14 Rule Id: 9881 Document: 24873 
Page 21 

AGESCY -4ir Quality 

RULE TYPE Legislative A3EZ;DlIEST TO EXISTISG RULE Yes TITLE-SERIES 45-14 

RULE SAhE Permits for Construction and Major lfodification of Major Stationav Sources for the 

Prevention of Significant Deterioration of -Air Quality 

CITE AUTHORIIY 224-3 

PROF'I DE A BRIEF SU,tL\tARY OF YOUR PROPOSAL This rvie establisher a state construction pernrit program consistent with the federal Clean .Air .Acts Title I 

program and implementing reguIations at 10 CFR 551.166, Prevention of Significant Deterioration of .Air 

Quality. 45CSR14 is part of the State Implementation Plan and sets forth the criteria and procedures far 

major stationa~ sources to obtain a permit to construct, operate andhr modify a major stationa~ source. 

BY CHOOSISG 'YES', I ATEST THAT THE PREl'IOUS STATElESTS ARE TRUE ASD CORRECT. 

Yer 

Kritin A Boggs - B:- my signamre, I certify that I am the person authorized to file legisttil-e rules, in 

accordance with West Yyginh Code S29d-3-11 and 839.4-3-2. 

Title-Series: 45-14 Rule Id: 9081 Document: 24873 
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AGESCY Air Quality RULE TYPE Legislative AMESD5EST TO ESISTISG RULE Yes TITLE-SERIES 45-14 

RULE SAME Permits for Construction and Major lfodificarion of Major Stationary Sources for the 

Prel-ention of Significant Deterioration of Air Quality 

CITE AUTHORITY zz--i-J 

SUMlIIARIZE IS A CLEAR ASD COSCISE LUSSER UTAT IMPACT THIS MEASURE IYILL HAI'E OX 

COSTS ASD REI'ESUES OF STATE: GOI'ERS-MEST. 

So impact tbm-e tbat resultins from currentl?. applicable federal emission standards. 

Kristin -4 Boggr - By my signature, I certify tbat I am the person autholized to file 1eghlah-e ~les, in accordance with West J'irginia Code 429-4-3-11 and 939.43-2. 

Rule Id: 5081 Document: 24873 
AGESCY .Air Qualit?. RULE TYPE Legislative AMESD>lEST TO EXISTISG RULE Yes TITLE-SERIES 45-14 

RULE SAME Permits for Construction and Major llodification of Major Stationa~ Sources for the 

Preyention of Significant Deterioration of Air Quality 

CITE AUTHORITk' 225-J 

FISCAL SOTE DETAIL -- SHOIY OVERALL EFFECT IS ITEM 1 ASD 2 ASD, IS ITEM \.I3: GIVE AS EXPLASATIOS OF BREAKDOII'S BY FISCAL YEAR: ISCLUDISG LOSG-RASGE EFFECT. 

Effect Of Proposal Current IncreaseiDecrease Sext Xncrease!Decrease Fiscal Year &pan 

(use ' - *) (use ' - ') Full Implementation) 

ESTISL4T'ED 

T0T.U. COST 

CCRREST EWESSES 

OTHER 

Kristin -4 Boggs -- B?- my signature, I certif~ that I am the person autholied to file legtlah-e rules, in accordance with West Yirginia Code 529-43-11 and Q39.4-3-2. 

-- - 

I1IlAlllllll~l1111 

Title-Series: 45-14 

1111#11l1l1111101 

Rule Id: 9081 

111111111111l11ll11l11l 

Document: 24873 
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AGESCY Air Quality RULE TYPE Legislative XMESDMEST TO EXISTISG RULE Yes TITLE-SERTES 45-14 

RULE SAME Permits for Construction and Major Jlodification of Major Stationav Sources for the 

Prevention of Significaat Deterioration of Air Quality 

CITE AUTHORI7?r' 2244 

3. ESPLXSATIOS OF ABOVE ESTIMATES (ISCLUDISG LOSG-RASGE EFFECT). PLEASE ISCLUDE 

ASY ISCREASE OR DECREASE IX FEES IS YOUR ESTIMATED TOTAL REI'ESUES. Costs anticipated to be incurred by revisba to this rule are included in prior cost estimates prepared for state implementation of Title I' of the Clean Air Art, as amended: under 45CSR30. FulI Title \' pro, =ram 

approval was issued by the V.S. Environmental Proteetian .,Agency on Soyember 19,2001. 

Kristin -4 Boggs -- B?- my signature, I certify that I am the person authorized to fils legislative rules, in accordance with West 1-irginia Code 429.A-3-11 and 439.4-3-2. 

Title-Series: 45-34 Rule Id: 9081 Document: 24873 
AGESCY Air Quality RULE TYPE Legishtire A3EYDMEST TO EXISTIXG RULE Yes TITLE-SERIES 45-14 

RULE SAME Permits for Construction and Major JIodification of llajor Stationary Sources for the 

Preyention of Significant Deterioration of -4ir Qualiv 

CITE AUTHORITY 22s-4 

PLEASE IDESTIFYASYAREAS OF YAGUESESS: TECHSICAL DEFECTS, REASOSS THE PROPOSED RULE IVOULD SOT HAVE A FISCAL IMPACT, ASD OR ASY SPECIAL ISSUES SOT CAPTURED ELSEU'HERE OX THIS FORM. 

BY CHOOSISG 'YES', I ATTEST THAT THE PREIrIOUS STATEMESTS ARE TRUE ASD CORRECT. 

Witin .A Boggs - BF my signature, I certify that I am the person authorized to file legislative rules, in accordance with West 1-irginia Code 929-4-3-11 and 939A-3-2. 

Title-Series: 45-14 Rule Id: 9a8l Dacument: 24873 
p

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AGEXCY -4ir Quality 

RULE TYPE Legisla tire AlESDMEXT TO ESISTISG RULE Yes TITLE-SERIES 45-14 

RULE SAME Permits for Construction and Major Modification of Major Stationaq- Sources for the 

Preyention of Significant Deterioration of Air Quality 

CITE AUTHOR1 TL' 224-J 

SUlilfiRIZE IS A CLEAR ASD COSCISE hI.ASSER COSTESTS OF CHASGES IS RULE ASD 

STATEhEST OF CIRCUhlSTASCES REQUIRZSG THE RULE. 

As required by 46 CFR Part 51, Subpart I - Review of New Sources and :bdifications, this 

rule adopts criteria and procedures for the prevention of significant deterioration of 

air quality that are consistent with the governing federal regulation at 40 CFR 951.166. Promulgation of this rule by the Legislature is necessary for the State to fulfill its responsibilities under 40 CFA Part 51 and the CAA, as amended. 

Revisions to the rule incorporate implementation of 2012 Particulate ;latter PIAAQS 

requirements with respect to the significant detevioration permitting program. The revision contains a grandfathering provision in the Specific Exemptions for PSD 

permftting requirements associated with the revised P;.l MMQS that otherlnlise apply to permits issued on or after >!arch 18, 2013. Permit applications that qualify for 

grandfarhering are not required to show that emissions increases will not cause or contribute to a violation of the revised annual PF12.5 IJAAQS, and rather may continue to 

be processed in accordance with the previously applicable PPI NAAQS. 

The existing definition of Regulated NSR Pollutant (at subsection 2.66) generally 

excludes the measurement of condensable fraction af P:4 in the context of the PSD 

regulations. However, the pule does preserve the requirement in some particular cases to 

include condensable PN as required by other regulations, such as new source performance 

standards. For purposes of PSD, the revised definition of 

BY CHOOSISG 'YES', I ATTEST THAT THE PREI'IOUS STATEXEXTS ARE TRUE ASD CORRECT. 

Tes 

Kristin -4 Baggs -- B?- my signature, I certify that I am the person authorized to file legislatire rules, in accordance with West Viinia Code 529.4-3-11 and 839.4-3-2. 

Title-Series: 45-14 Rule Id: 5031 Document: 24873 
AGESCY Air Quality 

RULE TYPE Legislative A-MESDMEST TO EXISTISG RULE Yes TITLE-SERIES 45-14 

RULE SALE Permits for Construction and Major Modification of llajor Statianaq Sources far the 

Preyen tion of Significant Deterioration of Air QuaIity 

CITE AUTHORITk' ::a-J 

SUhIIIARIZE IS A CLEAR ASD COSCISE 1IASSER COSTESTS OF CHASGES IS RULE ASD 

STATELvfEST OF CIRCU-MSTASCES REQUIRIYG THE RULE. 

Regulated NSR Pollutant includes the measurement of P;.12.5 and PA10 condensable particulate matter in all cases. 

Due to a January 22, 2013 DC Circuit court decision, significant impact levels and 

significant monitoring concentration levels for P?!2.5 have been vacated and remanded to 

€PA. Therefore, the significant impact Ievels and the PM2.S significant monitoring concentrat3on levels have been struck from the rule. 

1-es 

Kristin -4 Boggs -- B?- my signature, I certify that I am the person authorized to file legislath-e rules, in accordance with West 1-irginia Code 529.4-3-11 and 339.43-2. 

Title-Series: 45-14 Rule Id: 9081 Dacument : 24873 
SERIES 14 

PERMITS FOR CONSTRUCTION AND MAJOR MODIFICATION OF 

MAJOR STATIONARY SOURCES FOR THE 

PREVENTION OF SIGmCANT DETERIORATION OF AIR QUALITY 

1.1. Scope. -- This rule establishes and adopts a preconstruction permit program in accordance with 

the policy of §lOl(b)(l) of the Clean Air Act (CAA), the purposes of 5160 of the CAA, afld the 

prevention of significant deterioration of air quality requirements of 40 CFR 851.166. Prewnstruction 

permits issued pursuant to this rule shall contain emission limitations and such other measures as may be 

necessary for the prevention significant deterioration of air quality. This rule provides: 

1 .l.a. A mechanism to mure that economic growth will occur in harmony with the preservation of 

existing clean air resources; to prevent the development of any new non-attainment problems; to protect 

the public health and welfare fkom any adverse effects which might occur even at air quality levels better 

than the National Ambient Air Quality Standards; and to preserve, protect, and enhance the air quality in areas of special natural, recreational, scenic, or historic value. It is the intent ofthe Secretary to register 

and evaluate sources of air pollutants and to preclude the construction or relocation of any major 

stationary source or major rnodfication in any area classdied as attaining National Ambient Air Quality 

Standards or unclassifiable in which the establishment of such source or modification may interfere with 

the goals of the prevention of signif~cant deterioration of air quality levels; and 

1.l.b. A method to quantitatively dehne significant deterioration of air quality with respect to the 

&sired degree of preservation of air quality for various mas and to set forth procedures fa registration 

and reporting, and the criteria for obtaining a permit to construct or relocate a major stationary source or 

de a major modification to a stationary source within a designated attahment or unclassified area of 

the State of West Virginia. Such construction, modihation, w relocation without such a perrait is a 

violation of this mle. 

1.2. Authority. -- W. Va. Code S22-5-4. 

1.3. Filing Date. -- w. 

1.4. Effective Date. - 3me+!&b, 

1.5. Federal Regulation. -- Unless otherwise indi~ated, where reference to a federal regulation or 

standard appears in tbis rule, such regulation or standard will, for the purpose of this rule, be construed as 

that version which was in effect as ofAme&l€W June 1,2013. 

1.6. Former Rules. - This legislative de amends 45CSR14 - "Permits for Const.~~~tion and Majot 

Modification of Major Stationary Sources for the Prevention of Significant Deterioration of Air Quality" 
p

described below, except Ehat this definition shall not apply fbr calculating whether a significant emissions 

increase has OCCUIT~~, or for estabfishing a PAL under section 25. Instead, subsections 2.63 and 2.8 shall 

apply for those purposes. 

2.l.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 nod some 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 canbusted during the selected time period. 

2.1.b. The Secretary may presume that some-specilbic allowable emissions fbr the unit am 

equivalent to the actual emissions of the unit. 

2.1s. For any emissions unit which has not begun nod operations on the particular date, actual 

emissions shall equal the potential to emit of the unit on that date. 

2.1.d. For an electric utility steam generating unit (other than a new unit or the replacement of an 

existing unit) actual emissions of the unit following the physical or operational change shall equal the 

representative actual annual emissions of the unit following the physical or operational change, provided t2te source owner or operator maintains and submits to the Director, on an annual basis for a period of five 

(5) years &om the date the unit resumes regular operation, information demonstrating that the physical or 

operational change did not result in an emissions increase. A longer period, not to exceed ten (10) years, 

may be required by the Director if the Director determines such a period to be more representative of 

nod source operations foUowing the physical or operational change. 

2.2. "Actuals PAL" for a major staliwaty source means a PAL based on the baseline actual 

emissions (as &fined in subsection 2.8) of all emissions units (as &hed in subsection 2.27) at the 

source, that emit or have the potential to emit the PAL pollutant. 

2.3. "Administratorn means the Administrator of the United States Emrimmenbl Protection 

Agency. 

2.4. "Adverse impact on visibility" means visibility impairment which interferes with the 

management, protection, preservation or enjoyment of the visitds visual experience of the Federal Class 

I area. 'Ihis determination must be made on a caseby-case basis taking into account the geographic 

extent, intensity, duration, fkquency and time of visibility impairment, and how these factors correlate 

with (1) times of visitor use of the Federal Class I area, and (2) the fkquency and timjng of natural 

conditions that reduce visibility. 

2.5. "Air pollutants" means solids, liquids, or gases which, if discharged into the air, may result in 

statutory air pollution. 
2.7. "Allowable emissions" means the emission rate of a stationary source calculated using the 

maximurn rated capacity of the source (unless the scmrce is mbject to federally enforceable limits or limits enforceable by the Secretary which reslrict the operating rate, or horn of operation, or both) and 

the most stringent of the following: 

2.7.a. The applicable stctandds as set forth in 40 CFR P& 60 and 61; 

2.7.b. The applicable State of West Virginia emission8 limitations or permit conditions, including 

those with a fbtm compliance date; or 

2.7.c. The applicable federally enforceable emissions limitations or permit conditions, including 

those with a future compliance date. 

2.8. "Baseline actual emissions" means the rate of ernissiw, in tons per year, of a regulated NSR 

pollutant, aa determined in accordance with subdivisions 2.8.a through 2.8.d. 

2.8.a. For any existing electric utility steam generatittg unit, baseline actual emissions means the 

average emission rate, in tom 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 dete~tion that it is more representative of normal 

source operation, 

2.8.a.1. The airerage rate shall include fugitive emissions to the extent quantifiabIe, and 

emissions associated with startups, shutdowns, and malfimctions. 

2.8.a.2. The average rate shall be adjusted downward to exclude any noncompliant emhsions 

that occurred wbile the source was operating above any emission limitation that was legally enforceable 

duhg the consecutive 24-month period. 

2.8.a.3. For a regulated NSR pollutant, when a project involves multiple emissions unitxi, only 

one consecutive 24-month period must be used to determine the baseline actual emissions for the 

emissions units being changed. A diEerent consecutive 24-month period can be used for each regulated 

NSR pollutant. 

2.8.a.4. The average rate shall not be based on any consecutive 24-month peribd for which 

thwe is inadequate in€orznation for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraph 2.X.a.2. 

2.8.b. For an existing emissions unit (other than an electric utilily steam generating unit), baseline 

actual emissions means the average rate, in tons per year, at which the emissions unit acidly emitted the 

pollutant dwing 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 
2.8.b.2. The average rate shall be adjusted downward to exclu&-my noncompliant emissions 

that occurred while the source was operating above an emission limitation that was legally enfieable 

during the consecutive 24-month period. 

2.8.b.3. The average rate shaU be adjusted downward to exclude any emissions that would 

have exceeded an emission limitation with which the major stationary source must cmently comply, had 

such major stationary source been requkd to comply with such limitations during the consecutive 

24-month period. However, if an emission limitation is part of a maximum achievable conirol 

technology standard that the Administrator proposed or promulgated under 40 CFR Part 63, the baseline 

actual emissions need only be adjusted if the State has taken credit for such emissions reductions in an 

attainment demonstration or maintmncc plan consistent with the requirements of 45CSR19-8.6. 

2.8.b.4. 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 all the emissions units being changed. A different consecutive 24-month period can be used for each regulated 

NSR pollutant. 

2.8.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 yeq and for adjusting this 

mount if required by paragraphs 2.8.b.2 and 2.8.b.3. 

2.8.c. For a new emissions unit, the baseline actual emissions for purposes of determining the 

emissions increase that will result hm the initial construction and operation of such unit shall equal zero; 

and thma#er, for alI other purposes, shall equal the unit's potential to emit. 

2.8.d. For a PAL for a stationary source, the baseline actual emissions shall be calculated for 

existing electxic utility steam generating units in accordance with the procedures contained in subdivision 

2.8.a, for other existing emissions units in accordance with the procedures contained in subdivision 2.8.b, 

and for a new emissions unit in accordance with the procedures contained in subdivision 2.8.c. 

2.9. Baseline Area. 

2.9.a. 'Baseline ma" means aay intrastate area (and every part thereof) designated as attainment or 

unclassifiable under §107(d)(l)(A)(ii) or (iii) of the CAA in which the major source or major 

modification establishing the minor source baseline date would cons~t or would have an air quality 

impact for the pollutant for which the baseline date is established, equal to or greater than the following: 

Pollutant Air Quality Impact (annual 

average) 
2.9.b. Area redesignations under §107(d)(l)(AXii) or (iii) of the CAA cannot intersect or be 

smaller than the area of impact of any major stationary source or major modification which: 

2.9.b.l. Establishes a minor source baseline date; or 

2.9.b.2. Is subject to 40 CFR 952.21 or this rule, and would be constnrcted in the same state as 

the state proposing the redesignation. 

2.9.c. Any baseline area established originally for the TSP increments shall remain in effect and 

shall appIy for purposes of determining the amount of availabIe PMlo increments, except that such 

baseline area shall not remain in eff'ect if the Secretary rescinds the corresponding minor source baseline 

date in accordance with subdivision 2.42.d. 

2.10. "Baseline concentration" means that ambient concentration level which exists in the baseline 

area at the time of the applicable minor source baseline date. A baseline concentration is determined for 

each pollutant for which a minor source baseline date is established and includes: 

2.10.a. The allowable emissim of major stationary sources which commenced construction 

before the major source baseline date, but were not in operation by the applicable minor source baseline 

date. 

2.10.b. ?he actual emissions representative of sources in existence on the applicable minor 

source baseline date. However, the following wiU not be included in the baseline concentration and will 

affkct the applicable maximum allowable increase@): 

2.10.b.l. actual emissions from any majar stationary source on which construction commenced 

after the major source baseline date; and 

2.10.b.2. actual emissions increases and decreases at any stationary source occurring after the 

minor some baseline date. 

2.11. "Be@ actual oonslruction" means, in general, initiation of physical on-site construction 

activities w 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 operation, this term 

refers to those on-site activities, other than preparatory activities, which mark the initiation of the chmge. 

2.12. "Best available control technology @ACT)" means an emissions limitation (including a visible 

emissions standard) based on the maximum degree of reduction for eaoh 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, emironmental and economic impacts and other costs, 

&tennines 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 firel 
gy 

p

p

infeasible, a design, equipment work practice, operational standard or combination theme may be 

prescribed instead to satis@ the requirement for the application of best available control technology. 

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 pravi& for compliance 

by means wbich achieve equivalent results. 

2.13. "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 penon (or persons under common control). 

Pollutant-emit@ activities are a 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 

ClassScation Manual, 1987 (United States Government Printing Office stock number GPO 1987 

0-185-718 :QL 3). 

2.14. "CAA" means the Clean Air Act, 42 U.S.C. 7401, et seq., as amended by Pub. L. No. 101-549 

(November 15,1990). 

2.15. "Clean Coal Technology" means arry technology, including technologies applied at the 

precombustion, combwtion, or post combustion stage, at a new or existing facility which will achieve 

siacmt 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. 

2.16, "Clean coal technology demonstration project" means a project using hds 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 hdod through appropriations 

for USEPA. The Federal contribution for a qualifying project shall be at least twenty (20) pmcent of the 

total cost of the demonstration project. 

2.18. "Commence" as applied to constmction of a major stationary source or major modification 

means that the owner or operator has all necessary precmtruction approvals or permits and either has: 

2.18.a. begun, or cawed to begin, a conthuous *gram of actual on-site construction of the 

source, to be completed within a reasonable time; ox 

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. Tomplete" means, in reference to an application for a permit, that the application contains all 

of the information necessary for processing the application. Designating an application complete for 

purposes of permit processing does not preclude the Secretary fhn requesting or accepting any 
a c

a

ge 

actua

e

ss

o

s. 

2.21. "Continuous emissions monitoring system (CEMS)" meam 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. 

2.22. "Continuous emissions rate monitoring eystem (CERMS)" means the total equipment required 

for the detemrination and recording of the poUutant mass emissions rate (in terms of mass per uni: of 

time). 

2.23. "Continuous parameter monitoring system (CPMS)" means all of the equipment necessary to 

meet ~e data acquisition and availability requirements, to mcmitor process and control device operational 

parameters (for example, control device secondary voltages and electric currents) and othm information 

(for example, gas flow rate, 02 or C02 concentrations), and to record average operational parameter 

value(s) on a continuous basig. 

2.24. "Department of Environmental Protection" or 'DEF means the Department of Environmental 

Protection as defined in W. Va. Code g22-1-4. 

2.25. "Electric utility steam generating unit" means any steam e1ecti-i~ generating unit that is 

constructed for the purpose of supplying more than one-third of its potential electric output capacity and 

more than twenty-five (25) MW electrical outqut 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 electrid 

energy output capacity of the affected facility. 

2.26. "Emissim" means the release, escape or discharge of air pollutants into the ak. 2.27. "Emissions unit" meaas any part of a stationary source that emits or would have the potentiaI to 

emit any regulated NSR pollutant and includes an electric utility stem generating unit as defined in 

subsection 2.25. For purposes of this rule, there are two types of emissions units as described in 

subdivisions 2.27.a and 2.27.b. 

2.27.a. A new emissions unit is any emissions unit that is (or will be) newly constructed and that 

has existed for less than 2 years hm the date such emissions unit first operated. 

2.27.b. An existing emissions unit is any emissions unit that does not meet the requirements in 

subdivision 2.27.a. A replacement unit, as defined in subsection 2.68, is an existing emissions unit. 

2.28. "Federal Land Wager" means, wilh respect to any lands in the United States, the Secretary of 

the depadment with authority over such lands. 

2.29. "Federally enforceable" means all limitations and conditions which are enforceable by the 

Administrator including those requirements developed pursuant to 40 CFR Parts 60, 61 and 63, rules of 

the approved West Virginia State Imple~tion Plan, any permit requirements established pursuant to 
2.31. "Fugitive emissions" means those emissions which could not reasonably pass through a stack, 

chimney, vent or other functionally eqyivalent opening. 

2.32. [Reserved.] 

2.33. [Reserved.] 

2.36. "Innovative controI technology" means any system of air pollution contml that has not been 

adequately &monshted in practice, but would have a substantial likehod of achieving pater 

contiwous emissions reduction than any control system in current practice or of achieving at least 

comparable reductions at lower cost in terms of energy, economics, or non-air quality environmental 

impacts. 

2.37. "Lowest achievable emission rate (LAER)" means, for my source, the more stringent of the 

followisg : 

2.37.a. The most stringent ernisions 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 some demonsbates tltat such limitations are not achievable; or 

2.37.b. The most stringent emissions limitation which is achieved in practice by such class or 

category of stationary sources. This limitation, when applied to a modification, means the lowest 

achievable emission rate for the new or modified emissions units within the stationary source. In no 

event shall the application of the term pennit a new or proposed new or modified stationary source to muit 

any pollutant in excess of the amount allowable under an applicable new source standard of perfince. 

2.39. Major emissions unit means: 

2.39.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 

2.39.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 some in 

§182(c) of the CAA, an emissions unit would be a major emissions unit for VOC if the unit is located in a 

seriow ozone non attainment area and it emits or has the potential to emit 50 or more tons of VOC per 

year. 
suhection 2.75) fbm any emissions units or net emissions increase (as defined in subsection 2.46) at a 

major stationary source that is signifioant for volatile organic compounds or NG shall be considered 

significant for ozone. However, the following actions do not constitute a physical change or change in 

the method of operation: 

2.40.a. Routine maintenance, repair, and mplacement. 

2.40.b. Use of an alternative fuel or raw material by reason of any order under sections 2(a) and 

(b) of the Energy Supply and Environmental Coordination Act of 1974 (or atry superseding legislation) or 

by reason of a natural gas curtailment plan pursuant to the Federal Power Act. 

2.40.~. Use of an alternative fw1 by reason of an order or rule under §I25 of the CAA. 

2.4O.d. Use of fuel generated from municipal solid waste as aa alternative fuel at a steam 

generating unit. 

2.40.e. Use of an alternative fuel or raw material by a stationary source, provided that: 

2.40.e.l. Prior to January 6, 1975, the source was capable of accommodating such alternative 

fuel or raw material, unless such change would be prohibited under any federally enforceable pennit condition which was established after January 6, 1975 pursuant to 40 CFR 952.21 or under any permit 

issued or order entered pursuant to any mle of the Secretary after January 6, 1975; 

2.40.e.2. The some is approved to use the ahernative fuel or raw material un&r any pennit 

issued under 40 CFR s52.21 or under any pennit issued or order entered pursuant to any rule of the 

Secretary. 

2.40.f.h increase in the hours of operation unless such increase would be prohibited by a Feded 

permit issued pmuant to 40 CFR 952.21 or by any permit issued or order entered pursuant to any rule of 

the Secretaty. 

2.40.g. An increase in the production rate unless such increase would be prohibited by a Federal 

pemit issued pursuant to 40 CFR 952.21 or by any pennit issued or order entered pmuant to any rule of 

the Secretary. 

2.40h. Any change in ownership at a stationary source. 

2.40j.The installation, operation, cessation, or removal of a temporary clean coal technology 

&monstsation project, pwvided that the project complies with.. 

2.40.j. 1. The State Implementation Plan; and 

2.40.j.2. Other requirements necessary to attain and maintain the National Ambient Air Quality 
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pollutant-trypollutant basis. 

2.40.1. The reactivation of a very clean coal-fired electric utility steam generating unit. 

2.40.m. 'Ibis definition shall not apply with respect to a particular regulated NSR pollutant when 

the mjor stationary some is complying with the requirements under section 25 for a PAL for that 

pollutant. Instead, the definition at subsection 2.53 shall apply. 

2.41. "Major modification for ozone" means a major modification for volatile organic compounds or 

NOx. 

2.42. "jor and minor some baseline date." 

2.42.a. 'Major source baseline date" means: 

2.42.a.l. In the case of PMlo and sulfur dioxide, January 6, 1975; and 

2.42.a.2. In the case of nitrogen dioxide, February 8, 1988; and 

2.42.a.3. In the case ~fPM~.~,October 20, 2010. 

2.42.b. "Minor Rome baseline date" means the earliest date after the brigger date on which a 

major stationary source or a major rnoclification subject to the requirements of 40 CFR 552.21 or to this 

rule submits a complete applicatian under this rule. The trigger date is: 

2.42.b.l. In the case ofPMlo and sulfur dioxide, August 7, 1977, and 

2.42.b.2. In the case of nitrogen dioxide, February 8, 1988; and 

2.42.b.3. In the case of PMzw October 20,2011. 

2.42.c. The baseline date is established for each pollutant for which increments or other 

equivalent measures have been established if 

2.42.c.1. The area in which the proposed source or modification would constmt is dedgnated 

as attainment or unclassifiable under §107(d)(l)(A)(ii) or (iii) of the CAA for the pollutant on the date of 

its complete application under 40 CFR 952.21 or this rule; and 

2.42.c.2. In the case of a major stationary source, the pollutant would be emitted in significant 

amom, or in the case of a major modification, there would be a significant net emissions increase of the 

polIutant. 

2.42.d. Any minor source baseline date established originally for the TSP increments shall 

remain in eEect and shall apply for purposes of detemhbg the amount of available PMlo increments, 
2.43. "Major stationary source" means: 

2.43.a. Any of the following stationary sources of air pollutants which edte or has the potential 

to emit, we hundred (100) tons per year or more of any regulated NSR pollutant: 

Fossil Fuel-fired Steam Electric Plants of More than 250 Million Btuthr Heat Input, 

Coal Cleaning Plants (with thermal dryers), 

KraR Pulp Mills, 

Portland Cement Plants, 

Primary Zinc Smelters, Iron and Steel Mill Plants, 

s Primary Aluminum Ore Reduction Plants (with thennal dryers), 

Primary Copper Smelters, Municipal Incinerators Capable of Charging More than 250 Tons of Refiwe per Day, Hydroflouric, Sulfuric and Nhic Acid Plants, 

Petroleum Refineries, Lime Plants, 

Phosphate Rock Processing Plants, 

Coke Oven Batteries, 

Sulfui Recwery Plants, 

a Carbon Black Plants (furnace process), 

himary Lead Smelters, 

Fuel Conversion Plants, 

Sintering Plants, Secondary Metal Production Plants, 

r Chemical Aocesa Plants (which does not include ethanol production facilities that produce ethanol by 

natural fermentation included in NAICS codes 325193 or 31 21401, 

s Fossil Fuel Boilers (or combinations thereof) Totaling More &an 250 Million Btu/hour Heat Input, 

r Petroleum Storage and Transfer Units with a TotaI Starage Capacity Exceeding 300,000 Batrels, 

Taconite Ore Processing Plants, 

Glass Fiber Processing Plants, and 

Charcoal Production Plants; 

2.43.b. Notwithstanding the stationary source size specified in subdivision 2.43.a, any stationary 

source whioh emits or has the potential to emif two hundred fifly (250) tons per year or more of any 

regulated NSR pollutant; or 

2.43s. Any physicd change at a stationary source, not otherwise qualifying under subdivision 

2.43.a as a major stationary source, if the change itself would constitute a major stationary source. 

2.43.d. A major source that is major for volatile organic compounds or NOx shall be wnsihred 

major for ozone. 
Fossil-Fuel-Fired Steam Elec~c Plants Greater Than 250 Million Btu/Hour Heat Input 

Coal Cleaning Plants (with thermal dryers) 

+ Kraft Pulp Mills 

Portland Cement Planb 

Primary Zinc Smelters 

Iron and Steel Mill Plants Primary Aluminum Ore Reduction Plants 

Primary Copper Smelters 

Municipal Incinerators Capable of Charging Greater Than 250 Tons of Refirsmay 

+ Hy Muoric, SuIfuric, and Nitric Acid Plants 

Petroleum Refineries 

= Lime Plants 

Phosphate Rock Processing Plants 

Coke Oven Batteries 

Sulfur Recovery Plants 

Carbon Black Plants (fhace process) 

Lead Smelters 

Fuel Conversion Plants 

r Sintering Plants 

Secondary Metal Production Plants * Chemical Process Plants - The term chemical processing plant shall not include ethanol production 

facilities that: produce ethanol by natmd fermentation included in NAICS codes 325193 or 312 140 

Fossil Fuel Boilers (or combinations thereof) Totaling More Than 250 Million BtulHour Heat Input 

Petroleum Storage and Transfer Units with a Total Storage Capacity Exceeding 300,000 Barrels 

Taconite Ore Processing Plants Glass Fiber Processing Plants 

Charcoal Production Plants 

a Any other stationary source category which, as of August 7, 1980, is being regdated under S111 or 

112 of the CAA. 

2.43f.h addition to those facilities covered under subdivision 2.43.e, all coal preparation plants as 

de5ned under 40 CFR fj60.251(a) which process more than 200 tons per day shall count fugitive 

emissions from a11 "affected facilities" at the source. 

2.43.g. For the pwpose of subdivision 2.43.c the term "affected facilities" means those facilities 

which are Listed or identified as "affected facilities" in the applicable standard promulgated under %I 11 

or 112 of the CAA." 

2.44. "jor stationary source for ozone" means o: major stationary some of volatile organic 

compounds or NG. 

2.45. "Necessary precmtrucdon approvals or pemrits" means those permits or approvals required 
2.46.a. The increase in emissions fiom a particular physical change or change in the method of 

operation at: a stationary soiuce as calculated pursuant to subsection 3.4; 

2.46.b. Any other increases and decreases in actual emissions at the major source that are 

contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for 

calculating increases and decreases under subdivision 2.46.b shall be determined as provided in 

subsection 2.8 , except that paragraphs 2.8.a.3 and 2.8.b.4 shall not apply; 

2.46s. An increase or decrease in actuaI emissions is contemporaneous with the increase fiom 

the particular change only if it occurs not more than five (5) years prior to the date on which construction 

on the particulaz change commences nor later than the daw on which the increase fiom the particular 

change occws. 

2.46.6. An increase or decrease in actual emissions is c~ditable only if 

2.46.d.1. The increase or decrease in actual emissions has not been relied upon by the United 

States Environmental Protection Agency in issuing a pennit pursuant to 40 CFR 352.21; or 

2.46.d.2. By the Secretary in issuing a permit pursuant to this rule and such permit is in effect 

on the date on which the increase in emissions from the particular change occm. 

2.46.e. The increase or decrease in actual emissions of particulate matter, sulfur dioxide, or 

nitrogen oxides which occurred prior to the applicable minor source baseline date was required to be 

considered and calculated in determining the amount of maximum allowable increases remaining 

available.; 

2.46f.An increase in actual emissions is creditable only to the extent that the new level of actual 

emissions exceeds the old level; 

2.46.g. A decrease in actual emissions is creditable only to the extent that: 

2.46.g.1. The old level ofactual emissions or the old level of allowable emissions, whichever is 

lower, exceeds the new lev4 of actual emisaim; 

2.46.g.2. It is federally enforceable and is enfmeable by the Seoretary at and after the time that 

the actual construction on the particular change begins; 

2.46.g.3. The decrease in actual emissions must have approximately the same qualitative 

significance for public health and welfare as that attributed to the increase fiom the particular change; 

2.46.g.4. [Reserved.] 

2.46.h. An increase that results fiom a physical change at a source occurs when the emissions 

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2.47. "PMIo1' means particulate matter with an aerody-c diameter less than or equal to a nominal 

10 micrometers as measured by a reference method based on Appendix J of 40 CFR Part 50 and 

designated in accordance with 40 CFR Part 53 or by an equivalent method designated in accordance with 

40 CFR Part 53. 

2.48. "Particulate matter emissions" means all finely divided solid or liquid material, other than 

uncombined water, emitted to the ambient air as measured by applicable reference methods, or an equivalent or alternative method, speczed in 40 CFR Part 64 Appendix B, or by a test method specified 

in any rule of the Secretary which has been incorporated as part of the federally approved State 

Implementation Plan All references ta particulate or particulate matter in this rule shall mean particulate 

matter emissions. 

2.49. "Person" meana any and all persons, natural or artificial, including the State of West Virginia or 

any other state and all agencies or divisiom thereof, any state political subdivision, the United States of 

America, any municipal, public, statutory or private corporation or association organized or existing 

under the laws of this or any state or wuntq, and any h, partnership, or association of whatever nature. 

2.50. "Plantwide applicability limitation PAL)" means an emission limitation expressed in tons per 

year, for a pollutant at a major stationasy source, that is enforceable as a practical matter and established 

sousm-wide in accordance with subsections 25.1 through 25.15. 

2.51. "PAL effective &ten 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 that is part of the PAL major 

modification becomes operational and begins to emit the PAL pollutant. 

2.52. "PAL effective period" means the period beginning with the PAL effective date and ending 10 

years later. 

2.53. "PAL major modification" means, notwithstanding subsections 2.40 and 2.46 (the definitions 

for major modification and net emissions increase), any physical change in or change itl 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. 

2.54. "PAL pennit" means the major NSR permit, the minor NSR permit, or the State operating 

pennit under a program that is approved into the State ImpZementation Plan, or the title V permit issued 

by the Secretary that establishes a PAL for a major stationary source. 

2.55. "PAL pollutant" means the pollutant for which a PAL is established at a major stationary 

source. 
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2.58. "Potential to emit" means the maxhum capacity of a stationary source to emit a pollutant under 

its physical and operational &sign. Any physical or operational limitation on the capacity of the source 

to emit a pollutant, including air pollution control equipment and restcictions on hours of operation or on 

the type or amount of material combusted, stored, or processed, shall be treated aa part of its design only 

if the limitation or the effect it would have on emissions is federally enforceable or is enforceable by the 

Sec~tary in any permit andlor consent order issued by the United States Errvimnmental Protection 

Agency or by the Secretary. Secondary emissions do not count in deterding the potential to emit of a 

stationary source. 

2.59. "Predictive emissions monibning system (PEMS)" means all of the equipment necessary to 

monitor process and control device operational parametem (for example, control device secondary 

voltages and electric currents) and other information (fm example, gas flow rate, Q or COz 

concentrations), and calculate and racord the mass emissions rate (for example, Ib/br) on a continuous 

basis. 

2.60. "Prevention of Significant Deterioration (PSD) programn means a major source preconstruction 

permit program that has been approved by the Adminktram and incorporated into the State 

Implementation Plan, or the program in 40 CFR 952.21. Any permit issued under such a program is a 

major new source review (NSR) permit 

2.62. "Project" means a physical change in, or change in the method of operation of, an existing major 

stationary source. 

2.63. "Projected actual emissions" means the maximum ad 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 yam (12-month 

pdod) 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 that regulated NSR pollutant and full utilization of the unit would resdt in a sigdicant 

emissions increase or a significant net emissions increase at the major stationary source. 

2.63.a. In determining the projected actual emissim under subsection 2.63 (before beginning 

actual construction), the owner or operator of the major stationary source: 

2.63.a.1. Shall consider all relevant information, including but not limited to, historical 

operational data, the c0mp;utyIs own representations, the company's expected business activity and the 

company's highest projections of business activity, the company's hlings with the State or Federal 

regulatory authorities, and compliance plans under the approved State Implementation Plan; and 

2.63.a.2. Shall include fugitive emissions to the extent quaniifiable, and emissions associated 

with startups, shutdowns, and malfimctions; and 
utilization due to product demand growth; or 

2.63.a.4. In lieu of using the method set out in paragraphs 2.63.a.l through 2.63.a.3, may elect 

to use the emissions unit's potential to emit, in tons per year, as defined under subsection 2.58. 

2.64. "Reactivation of a very clean coal-fired electric utility steam generating unit" means any 

physical change or change in the method of operation associated with the commencement of commercial 

operations by a coal-fu-ed utility unit after a period of discontiuued operation where the wit: 

2.64.a. Has not been in operation fix the two-year period pior to the enactment of the Clean Air 

Act Amendments of 1990, and the emissions from such unit continue to be carried in the Secretary's 

emissions inventory at the time of enactment; 

2.64.b. Was equipped prior to shutdown with a continuow system of emissions controZ that 

achieves a removal efficiency for sdfiw dioxide of no less than eighty-6ve (85) percent and a removal 

efficiency for particulates of no less than ninety-eight (98) percent; 

2.64.c. Is equipped with low-NOx burners prior to the time of commencement of operations 

following reactivation; and 

2.64.d. Is otherwise in compliance with the requirements of the CAA. 

2.66. "Regulated NSR pollutant" means the following: 

2.66.a. Any pollutant for which a National Ambient Air Quality Standard has been promulgated 

. . . . This hclu&s, but is not limited to, 

& followiug: 

2.66.a. 1. PM2 + emissions. and PMlo - emissions shall include gaseous emissions from a source or 

activitv which condense to form uarticulate matter at ambient temweratures. On or after Januarv 1.2011, 

such con&mable uarticulate mat6er shall be accounted for in amlicabilitv deteminations and in establishing emissions limitations for PM5 and PMI~ in PSD permits. Com~Iiance with emissions 

limitations for PM2 and PMln issued mior to this date shall not be based on cond~nsable articular matter 

unless reauired bv the terms and conditions of the permit or the apulicable implementation dm 

Applicability determinations made mior to this date without accounting for condensable particular matter 

... shall not be considered m unless the amlicable mlente en tat ion reauired condensable 

particular matter to be included; 

2.66.a.2. Anv wUutan t idenlifted un&r this ~araamh as a constituen t or mzcursor to a 

pollutant fm which a national ambient air aualitv standard has been mmulaated. Precursors identified 
24h& 2.66.a.2.B. SulfUr dioxide is a precursor ta PMZ.5 in all attainment and unclassifiable 

areas. 

&tii&a& 2.66.a2.C. Nitrogen oxides are presumed to be precursors to PMU in dl attainment 

and mclassifiable areas, unless the Secretary &mcmstra~s to the Administrator's satisfaction or EPA demonstratw that emissions of nitrogen oxides fbm sources in a specific area are not a significant 

contributor to that area's ambient m5 concentrations. 

%&& 2.66a2.D. Volatile orgamic compounds are presumed not to be precursors to PMZ.S 

in any attainment or unclassifiable area, unless the Secretary demonstrates to the Administrator's 

satbfaction or EPA demonstrates that emissions of volatile organic compounds fnnn soma in a sped% 

area are a significant contributor to that area's ambient PMZ5 concentrations. 

2.66.b. Any pollutant tbat is subject to any standard promulgated .under 91 11 ofthe CAA; 

2.66.c. Any Class I or I1 substance subject to a standard pmulgated under or established by 

title VI of the CAA; 

2.66.6 Any pollutant that otherwise is subject to regulation under the CAA as defined in 

subsection 2.80. 

2.66.e. Notwithstanding subdivisions 2.66.a through 2.66.4 the term regulated NSR pollutaat 

shall not include any or all hazardous air pollutants either listed in 5112 of the CAA, or added to the list 

purxruant to 51 12(b)(2) of the CAA, and which have not been delisted pursuant to S112(b)(3) of the CAA, 

unlesr~ the listed hazardous air pollutant is also regulated as a constituent or precmor of a general 

pollutant listed under §I08 of the CAA. 

2.67. "Relocate" or "Relocation" means the physical movement of a source outside of its existing 

plant boundaries. 

2.6%. "Replacement unit" means an emissions unit for which all the criteria listed in subdivisions 

2.68.a through 2.68.d are met. No creditable emission reductions shall be generated fim shutting down 

the existing emissions unit that is replaced. 

2.68.a. The emissions unit is a reconstructed unit within the me- of 40 CFR §60.15(b)(l), or 

the emissions unit completely takes the place of an existing emissions unit; 

2.68.b. The emissions unit is identical to or functionally equivalent to the replaced emissions 

unit; 

2.68.c. The replacement does not change the basic design parameter(s) of the process unit; and 
2.69. "Repowering" means replacement of an existing coal-fired boiler with one of the following 

clean waI technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification 

combined cycle, magnetolrydrodynamics, direct and indirect coal-5red turbines, integrated gasification 

fuel cells, or as determined by the Administrator, in consultation with the Secretary of Energy, a 

derivative of one or more of these technologies, and any other technoIogy capable of controlhg muItiple 

combustion emissions simultaneousIy with improved boiler or genedm efiiciency and with 

sig6ficdy greater waete reduction relative to the performance of technolog in widespread commercial 

use as of November 15,1990. 

2.69.a. Repowering shall also include any oil andlor gas-fired unit wbich has been awarded clean 

coal technology demonstration hding as of Januasy 1,1991, by the Department of Energy. 

2.69.b. The Secretary shall give expedited consideration to permit applications for any source 

that satisfies the requirements of tbis subsection 2.69 and is granted an extension under 9409 of the CAA. 

2.71. "Representative actual annual emissions" means the average rate, in tons per year, at which the 

source is projected to emit a pollutant for the two-year period after a physical change or change in the 

method of operation of a utlit, (or a dBerent consecutive two-year period within ten (10) years afkr that 

change, where the Secretary determines that such period is more representative of nod source 

operations), considering the effect any such change will have on increasing or decreasing the hourly 

emissions rate and on projected capacity utilization. In projecting future emissione the Secretary shall: 

2.71.a. Consider all relevant information, including but not limited to, historical operational data, 

the company's own representations, filings with the State or Federal regulatory authorities, and 

compliance plans under Title IV ofthe CAA; and 

2.71.b. Exclude, in calculating any increase in omissions that results from the particular physical 

change or change in the method of operation at an electsic utility steam generating unit, that portion of the 

unit's emissicms following the change that wuld have been accommodated during the representative 

baseline period and is attributable to an increase in projected capacity utilization at the unit that is 

unrelated to the particular change, including any increased utilization due to the rate of electricity demand 

growth for the utility system as a whole. 

2.72. "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 fkm the major stationary 

source or major modification itself For the purpose of this rule, secondary emissions must be specific, 

well dehed, quanwable, 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 

fiom any off-site support facility which would not otherwise be constructed or increase its emissions 

except as a result of the construction or operation of the major stalionasy source or major modification. 

Secondary emissions do not include any emissions which come directly from a mobile source, such as 
2.74. "SignStcant" means: 

2.74.a. In rekmce to a net emission increase or the potential of a some to emit any of the 

following pollutants, a rate of emissions that would equal or exceed any of the following rates: 

I Pollutant and Pollutant Emission Rate ( 1 (tons ~er year) I 

Carbon monoxide : 100 tpy 

Nitrogen oxides : 4ofPY 

Sulfur dioxide: 40 WY I 

of direct P& emissions 

P&: 40 rpy 

of S9 emissions 

of N& emisions 

(unless demonstrated not to be a PGa5 

Ozone: 40 tPY 

of VOC or NG 

Lead: 0.6 lpy I 

Sulfuric acid mist: 7 QY I 

Hydrogen suLfide (H2S): 10 tpy I 

Total reduced sulfur: 10 &Y (including H2S) 

Reduced sdfk compounds 10 tPY 

(including &S): 

I Municipal waste combwtor I 
(as particulate matter): 

Municipal waste combustor acid 40 tPY 

gases (as the sum of SQ and Ha): 

Municipal solid waste lanm 50 tpy 

emissions (as nonmethane organic 

compods): 

2.74.b. In reference to a net emissions increase or the potential of a source to emit a regulated 

NSR pollutant that is not listed in subdivision 2.74.q any emissions rate; and 

2.74.c. Notwithstanding subdivision 2.74.q any emissions rate or any net emissions increase 

associated with a major stationary source or major modification, which would construct within ten (10) 

kilometers of any Class I area, and have an impact on such area equal to or greater than 1 @m3 (twenty-four (24) hour average). 

2.75. "Si@cmt emissions increase" means, fa a regulated NSR pollutant, an increase in emissions 

that is significant (as &fined in subsection 2.74) for that pollutant. 

2.76. "Sigdicant emissions unit" means an emissions unit that emits or has the potential to emit a 

PAL pollutant in an amount that is eqd to or greater than the significant level (as defined in subsection 

2.74 or in the CAA, whichever is lower) for that PAL pollutant, but less than the amount that would 

qualo the unit as a major emissions unit as defied in subsection 2.39. 

2.77. "Significant impact" means an increase in the ambient air concentration for a particular pollutant 

as follows: 
2.79. 

Source

 or 

Stationary source

 means, for the purpose of this rule, any building, structure, 

facility, a installation which emits or may emit a regulated NSR pollutant. 

2.80. "Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a 

provision in the Clean Air Act, or a nationally-applicable regulation codified by the Administrator under 

Title 40, Chapter I, Subcham C of the Code of Federal Regulations, that requires actual control of the 

quantity of emissions of that pollutant, and that such a control requirement has taken effect and is 

operative to control, limit or restrict the quantity of emissions of thar pollutant released from the regulated 

activity. Except that: 

2.80~. Greenhouse gases (GHGs), the air pollutant &fined in 40 CFR 586.1818-12(a) as the 

a-gate group of six penhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, 

perflwrocarbons, and sulfur hexduori&, shall not be subject to regulation except as provided in 

subdivisions 2.80.d and 2.80.e. 

2.80.b. For purposes of subdivisions 2.80.c through 2.80.e, the term tpy CQ equivalent 

emissions (CQe) shall represent an mount of GHGs emitted, and shall be computed as follows: 

2.XO.b. 1. Multiplying the mass amount of emissions (tpy), for each afthe six greenhouse gases 

in the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to 

Subpart A of 40 CFR Part 98 - Global Warming Potentials. For purposes of this paragraph, prior to July 

21, 2014, the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions 

resulting fiom the combustion or decomposition of non-fossilized and biodegradable qanic material 

originating hm plants, animals, or micro-manisms (including products, by-products, midues and waste 

hm agriculture, forestry and related industries as well as the non-fossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and Liquids recovered from the 

decomposition of non-fossilized and biodegradable organic material). 

2.80.b.2. Sum the resultant value from paragraph 2.80.b.I for each gas to compute a tpy Cae. 

2.80.~. The term emissions increase as used in subdivisiom 2.8O.d and 2.80.e shall mean that 

both a significant emissions increase (as calculated ushg the procedures in subsection 3.4) and a 

significant net emissions increase (as defEned in subseclions 2.46 and 2.74) occur. For the pollutant 

GHGs, an emissions increase shall be based on tpy CQe, and shall be calculated assuming the pollutant GHGI is a regulated NSR pollutant, and "significant" is defined as 75,000 tpy COze instead of applying 

the value in subdivision 2.74.b. 

2.80.6 Beginning January 2, 2011, the pollutant GHGs is subject to regulation if: 

2.80.d.l. The stationary source is a new major stationary source for a regulated NSR pollutant 

that is not GHGs, and also wiU emit or will have the potential to emit 75,000 tpy COze or more; or 

2.80.d.2. The stationary source is an existing major stationary source for a regulated NSR 

pollutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an 
2.80.e.l. At a new stationary source that will emit or have the potential to emit 100,000 fpy 

CQe; or 

2.80.e.2. At an existing stationary source that emits or has the potentiaI to emit 100,000 tpy 

Cae, when such stationary source undertakes a physical change or change in the method of operation 

that wit1 result in an emissions increase of 75,000 tpy Cqe or more. 

2.80.f.Notw-iths~ding subdivisions 2.80.d. and 2.80.e., and subject ta the public notice 

requirements set forth in subdivision 2.80.g., the preconstmction permit requiremen& of this rule shall not 

apply to a source's GHG emissions if any of the following actions result in GHGs not being subject to 

regulation under the otherwise applicable federal prevention of significant deterioration requirements set 

forth in 40 CFR $51.166: 

2.80.f.l. A US EPA final rule; 

2.80.f.2. An act of the United States Congress; 

2.80.f.3. A Presidentia.1 Executive Order, 

2.80.f.4. A final order of the Dishict of Columbia Circuit Court of Appeals, if the specified 

the for appealing the order has lapsed and no appeals, petitions seeking clarification or reheming, or 

other petitions regarding the order have been filed, or, if any appeals or petitions are miled, the resolution 

of any and dl appeals and petitions regarding the fid order are complete and have upheld the relevant 

dete&tion(s). Moreover, a stay shall also create an exemption dming the effective length of the stay. 

These two specific exemptions shaSZ become effective only if US EPA does not object in writing by the 

end of the notice period set forth in subdivision 2.80.g.; or 

2.80.E5. An order of the United States Supreme Court. 

2.80.g. The exemption set forth in subdivision 2.80.f. shall become effective after the Secretary 

provides a thirty day notice of such exemption to US EPA and the public. Such notice shall be published 

in the West Virginia Register and explain the ciicumstances jwrlfling the exemption. 

2.81. "TSP" or "Total suspended particulate matter9'means particulate matter as measured by the 

methods described in Appendix B of 40 CFR Part 50. 

2.82. Temporary clean coal technology demonstration project" means a clean coal technology 

demonstration project that is operated for a period of five (5) years or less, and which complies with the 

State Implementation Plan and other requirements necessary to attain and maintain the National Ambient 

Air QuaIity Standards during and aAer the project is terminated 
3.1. The requirements of this rule apply to the consmtion of any new major stationary some (as 

defined in subsection 2.43) or arry proposed project at an existing major stationary source in an area 

designated as attaimnent or unclassifbble under %107(d)(l)(A)(ii) or (iii) of the CAA. 

3.2. The requirements of sectiom 7 through 13 and sections 17 throwgh 19 apply to the construction 

of any new major stationary source oi the major modification of any existing major stationary some, 

except as this rule otherwise provides. 

3.3. No new major stationary source or major modification to which the requirements of sections 7 

through 13 and sections 17 through subsection 19.7 apply shall begin actual cmtruction without a permit 

issued by the Secretary that states that the major stationary xrource or major modification will meet those 

requiremen$. 

3.4. Determination of major modification. -- The determhtion as to whether a proposed project is a 

major modification for a regulated NSR pollutant shall be determined in accordance with the specific 

provisions set fd 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 &finition 

of major modification contained in subsection 2.40, a project is a mjor modification for a regulated NSR 

pollutant if it causes two types of emissions increases - a significant emissions increase (as defined in 

subsection 2.75), and a significant net emissions increase (as defined in subsections 2.46 and 2.74). The 

proposed project is not a major modification if it does not cause a significant emissions increase. Hthe 

proposed 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 cmtructicm) whether a significant 

emissions increase (i.e., the ht 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 ia the definition in subsection 2.46. 

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. AcM-to-projected-actual applicability test for projects that only involve existing emissions 

units. -- A sigdicant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the Merence between the projected actual emissions (as defined in subsection 2.63) and the baseline 

actual emissions (as defined in subdivisions 2.8.a and 2.8.b), for each existing emissions unit, equals or 

exceeds the simcant amount for that pollutant (as defined in subsection 2.74). 

3.4.d. Actual-topotential test for projects that only involve construction of a new emissions 

unit(s). - A significant emissions inmase of a regulated NSR poUutant is projected to &cur if the sum of 

the difference between the potential to emit (as defined in subsection 2.58) fkom each new emissions unit 
3.4X Hybrid test for projects that invoIve multip1e types of emissio~ units. -- A significant 

emissions increase of a xgulated NSR pollutant is projected to occur if the sum of the emissions increases 

for each emissions unit, using the method specified in subdivisions 3.4s through 3.4.d as applicable with 

respect to each emissions unit, for each type of emissions unit equals or exceeds the si&clmt amount 

for that pollutant (as defined in subsection 2.74). 

3.5. For any major stationary some subject to a PAL for a mgulated NSR pollutant, the major 

stationary source shall comply with the requirements set forth in section 25. 

$45-14-4.Am bient Air Quality Increments and Ceilings. 

4.1. No increases in pollutant concentrations over the baseline concmons are allowed in excess 

of those listed below: 

Maximum Allowable Pollutant Concentration Increase over Baseline Concentration 

@g/m") 

Class I Areas 

Particulate matter: 

PMZ5, Armual arithmetic mean 1 PMZ3, 24-ho~r maximum 2 

PMlo, Annual arithmetic mean 4 I'Mlo, 24-hour maximwn 8 

S& dioxide: 

Annual arithmetic mean 2 

24hour maximum 5 3-hour maximum 25 

Nitrogm dioxide: 

Annud arithmetic me- 2.5 

class II Area 

Pdculate matter: 

PMzs, Annual arithmetic mean 4 PMZ5, 24-hour maximum 9 

PMl,, Annual arithmetic mean 17 PMla 24-hour m&um 30 

Sulfur dioxide: 

Annual arithmetic mean 20 
Class III 

Pdculate matter: 

PM25, Annual arithmetic mean 8 

P&5, 24-hour maximum 18 PMlo, Annual arithmetic mean 34 

PM,, 24-hour maximum 60 

Sulfur dioxide: 

Annual ari-tic mean 40 

182 

3-hour maximum 700 

dioxide: 

Annual arithmetic mean 50 

4.2. For any period other than an annual period, the applicable maximum allowable increase may be 

exceeded during one (1) such period per year at any om location. 

4.3. No pollutant concentration shall exceed any primary or secondary air quality standard 

promulgated: 

4.3.a. by the Secretary; or 

4.3.b. by the US EPA. 

5.1. Dolly Sods Wilderness Area and Otter Creek Wilderness Area are designated as Class I Areas; 5.2. The Spruce Knob-Seneca Rocks National Recreational Area, the Cranberry National 

Wilderness, and the New River Gorge National Scenic River are designated iw Class II Areas; and 

5.3. The remhder of the State of West Virginia is designated as a Class I1 Area. 

#5-14-6.ProhibitIon of Dispersion Enhancement Techniques. 

6.1. The use of stack heights which exceed good cngirteerhg practice or my dispersion techniques 

to reduce the concentration of any air pollutant and thereby, affect the degree of emission limitation 

required is prohibited unless a 8ta~k existed or dispersion technique was implemented before December 

31, 1970. 

945-14-7.Registration, Reporting and Permit Requirements for Major Stationary Sources and 
to beginning actual construction, or modification (as defined by subsection 2.10) a permit(s) to so cmtruct, mod@, or relocate the major stationary source or major mod3cation as herein provided. If 

the area in which such source would be constructed or the area in which such modification would occur is 

designated as nomttainment under 5107 of the CAA, as amended, for any pollutant which the source or 

modification would emit in significant amounts (as defined by subsection 45CSR19-2.651, the source or 

moacation shall meet all requirements of 45CSR19 for that pollutant and shall not be subject to the 

requirements of this rule for that pollutant. 

7.2. The owner or operator of the source shall file with the Secretary a timely and complete pennit 

application containing secient information as, in the judgment of fhe Secretary, will enable the 

Secretary to determine whether such source construction, modification, or relocation will be in 

confo~nance with the provisions of any rules promulgated by the Secretary in general and with the 

requirements of this rule. Such information may include, but not be limited to: 

7.2.a. A description of the natm, location, design capacity, and typical operating schedule of the 

source or modi6ication, including specifications and drawings showing its design and plant layout; 

7.2.b. A detailed schedule for construction of the source or modification; 

7.2.c. A detailed description as to what system of continuous emission reduction is planned by the 

source or modification, emission estimates, and any other infomation as necessary to determine that best 

available control techlogy as applicable would be applied; 

7.2.6 The air quality impact of the source or modification, including meteorological and 

topographical data necessary to esthate such impact; and 

7.2.e. The air quality impacts and the nature and extent of any or all general commercial, 

residential, industrial, and other growth which has occurred since August 7, 1977, in the area the source 

or modification would affect. 

7.3. Each pennit application shajl be signed by the owner or operator of the major stationary some 

or major modikation, and such signature shall constitute an agreement that the applicant will assume 

responsibility for the cmtruction, modification, or relocation, and operation of the major stationary 

source or major modification in accordance with applicable rules of the Secretary, the permit application, 

and any permit issued pursuant to this rule. 

7.4. 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 noti@ the 

applicant of all such deficiencies, if any. In the event of such a d&ciemy, the date of receipt of the 

application shall be the date on which the Secretary received all required information. 

7.5. Within six (6) months of the receipt of a complete permit application for construction or 
p

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construction, modiiication, or relocation. 

7.6. If the Secretary denies a permit application far the proposed cmtion or reloca~on of any 

major stationary source or major modXcation, the order shall set forth the Secretaay's reasons with 

reasonable specificity. 

7.7. 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. 

@5-14-8.Control Technology Requirements. 

8.1. Arty person proposing to construct or relocate a major stationary source or major modification 

shall meet each applicable emissions limitation promulgated by the Secretary and any applicable 

emissions standard or standard of performance under 40 CFR Parts 60,61 and 63. 

8.2. Any person proposing to construct a new major stationary sousce shall apply best available 

control technology for each regulated NSR pollutant that it would have the potentid to emit in significant 

amounts. 

8.3. Any penon proposing a major modification of a staionay source shall apply best available 

control technology for each regulated NSR pollutant for which such proposed major modification would 

cause a signi6icant net emissions increase hm such source. This requirement applies to each proposed 

emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical 

change or change in the method of operation in the unit. 

8.4. For any proposed construction of a major stationary source or major modification which is a 

phased consisuction project, the determination of best available control technology shall be reviewed and modified as appropriate at the last reasonable time which occurs no later than eighteen (18) months prior to commencement of construction of each independent phase of the project. At such time, the owner or 

operator of tlte applicable stationary some may be required to demonstrate the adequacy of any previous 

detednation of best available con& technology for the source. 

#5-14-9.Requirements Relating to the Source's Impact on Air Quality. 

9.1. Required Demonstration. -- Any person proposing to construct or relocate a major stationary 

source or to make a major modification shall demonstrate that allowabIe emission increases from the 

proposed source or modification, in conjunction with all other applicable emission increases or reductions 

(including sewn&ry emissions) would not cause or contribute to air pollution in violation of: 

9.1 .a. Any National Ambient Air Qualrty Standard in any air quality control region; or 
945-14-10. Modeling Requirements. 

10.1. A11 estimates of ambient concentrations required under section 9 shall be based on the 

applicable air quality models, data bases, and other requirements specified in the Appendix W of 40 CFR 

Part 5 1 (Guideline on Air Quality Models). 

10.2. Where an air quality impact model specified in Appendix W of 40 CFR Part 51 (Guideline on 

Air QuaIity Models) is inappropriate, the model may be modified or another model substituted, provided 

that said modiicaEion or substitution is approved in writing by the Administrator. 

845-14-11. Air Quality Monitoring Requirements. 

11 .I. Any person proposing to construct or relocate a major stationary some shall provide an 

analysis of the ambient ajr quality in the area that the major stationary source would sect for each 

pollutant that it would have the potential to emit in a significant amount. 

11.2. Any person proposing to ,make a major modification to a stationary source shall provide an 

analysis of the ambient air quality in the area that the major modification wodd affect fm each pollutant 

for which it would result in a significant net emissions increase. 

11.3. For those pollutants for which no National or West Virginia Ambient Air Quality Standard 

exists, the analysis shaIl contain such air quality monitoring data aa the Secretary determines is necessary 

to assess ambient air quality for that pollutant in any area that the emissions of that pollutant would affect. 

11.4. For those pollutants (other than non-methane hydrocarbons) for which such an ambient air 

qudity standard does exist, the analysis shall contain continuous air quality rnwitorhg data gathered for 

purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum alIowabIe increase. 

11.5. All ambient air quality monitoring data that is required sM have been gathered over a period 

of one (1) year and ahall represent the year preceding receipt of the application, except that, if the Secretary determines that a complete and adequate analysis can be acc~nplished with monitoring data 

gathered over a period shorter than one (1) year (but not to be less than four (4) months), the data that is 

required shall have been gathered over at least that shorter period. 

11.6. Any person proposing to construct or relocate a major stationary source or make a major 
p

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Appendix I3 of 40 CFR Part 58 during the opwation of the monitoring stations. 

s5-14-12. Additional Impact Analysis Requirements. 

12.1. Any pmon proposing to construct or relocate a major stationary source or make a major 

modification shall provide: 

12.1.a. An analysis of the impairment to visibility, soils, and vegetation that would occur as a 

result of the source or modification and general commercial, residential, industrial, and other growth 

associated with the source or rnodii5cation. The owner or operator need not provide an analysis of the 

impact on vegetation having no significant commercial or recreatiofi;dvalue; and 

12.1.b. An analysis of the air quality impact projected for the area as a result of general 

commercial, residentid, industrial and other growth associated with the source or modification. 

M5-14-13. Additional Requirements and Variances for Sources Impacting Federal Class I Areas. 

13.1. Notice to EPA. -- The Secretary shall transmit to the Administrator a copy of each permit 

application relating to a major stationary source or major modification impacting a Class I ma and 

provide notice to the Administrator of every action related to the consideration of such permit. 

13.2. Notice to Federal land managers. -- The Secretary shall provide written notice of any pdt 

application for a proposed major stationary source or major modification, the emissions from which may 

affect a Class I area, to the Federal land manager or the Federal official, charged with direct reapansibility 

for management of any lands within any such area. Such notilicaticm shall include a copy of all 

information relevant to the permit application and shall be given within 30 days of receipt and at least 60 

days prior to any public hearing on the application for a permit to construct. Such notthation shall 

include m andpis of the proposed source's anticipated impacts on visibility ia the Federal Class I ma. 

13.3. The Secretary shall also provide the Federal land manager or such Federal officials with a copy 

of the preliminary determination required under subsection 17.2, and shall make available to them any 

materials used in making that determination, promptIy after tfie Secretary makes such determination. 

Finally, the Secretary shall also notify all affected Federal land managers within 30 days of receipt of any 

advance notification of any such permit application. 

13.4. Federal Land Ma~ger. -- The Federal Land Manager or the Fe&d official, charged with direct 

responsibility for management of such lands has an aflirrnative responsibility to protect the air quality related values (including visibility) of such lands and to consider, in consultation with the Secretary, 

whether a proposed source or modification will have an adverse impact on such vallles. 

13.5. The Federal Land Manager of the aEected Class I area may present to the Secretary during the 

public review process described in section 17 a demonstration that the emissions Erom the proposed major 

stationary source or major modification would have an adverse impact on the air quality-related values 
13.6. Class I variances. -- The owner or operator of a proposed source or modification may 

demonstrate to the Federal Land Manager that the emissions fbm such source or moMcation would 

have no adverse impact on the air quaIity related values of any such lands (incIuding visibility), 

notwithstanding that the change in air quality resulting fiom emissions hm such source or modification 

would cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I area. If the Federal land manager concurs with such demonstration and he so certXes, the 

Semtary may issue the permit: Prowided, That the applicable reqhents of this section are otherwise 

met, to issue the permit with such emission limitations as may be necessary to assure that emissions of 

sulfur dioxide, PMZ5, PMlo, and nitrugen oxides would not exceed the following maximum allowable 

increases over minor source baseline concentration for such pollutants: 

Maxjmum Allowable Pollutant Concentration Increase over Minor Source Baseline Concentration 

(clglm3) 

Particulate Matter: 

PMZ5, Ad arithmetic mean 4 PM2>, 24-hr maximum 9 

PMlo, Annual ;Uithmeti~ mean 17 I'Mlo, 24-hr t~a~im~m 30 

Sulfur dioxide: 

Armual arithmetic mean 20 

24-hr h~m 91 3-hr maximum 325 

Nitrogen dioxide: 

Anmral arithmetic mean 25 

13.7. An applicant for a permit pursuant to this rule shall be allowed the Class I variances as provided 

in 40 CFR @51.166@)(4), (S), (6), and (7) as contained in the Code of Federal Regulations on July 1, 

1994, provided, that all ~quirements of said 40 CFR %51.166@)(4), (5), (61, and (7) are met and written 

notification ofvariance in aucurdance with said sectim(s) is provided to the Secretary. 

945-14-14. Procedures for Sources EmpIoying Innovative Control Technology. 

14.1. Any person proposing to construct or modify a major stationary source or major modification 

may petition the Secretary to approve a system of innovative ccmtrol technology in lieu of best available 

control technology. Any such proposed innovative control technology shall meet the following 

conditions: 

14.1.a. The proposed control system would not cause or contribute to an unreasonable risk to 

public health, welfare, or safety in its operation or function; 
q

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this rule that a stationary source employing a system of best available c&l technology would be 

required to meet; 

14.1.d. Before the date specified in subsection 14.4, the source or modification would: 

14.1.d.l. Not cause or contribute to any violation of an applicable National Ambient Air 

Quality Standard; 

14.l.d.2. Not impact any area where an appIicable increment is known to be violated, 

14.1.d.3. Meet all other applicable requirements including those fm public participation; and 

14.1.e. The provisions of 40 CFR §51.166@) {relating to Class I areas) have been satisfied with 

respect to a11 periods during the life of the some or modification. 

14.2. The Semtary shall consult with the governor@) of other statela) and the Federal Land 

Manager(s) of areas impacted by fhe proposed source or modihcation. 

14.3. The Secretary, with the concurrence of the gavernor(s) of other state(s) and the Federal Land 

M!nager(s), may make a determination that the source or modification would be employing innovative 

control technology. 

14.4. The Secretary shall specifjr a date by which the source or modification must meet the 

requirements and conditions of subsection 14.1. Such date shall not be later than four (4) years fiom the 

time of start-up or seven (7) years finm peamit issuance. 

14.5. The Secretary shall withdraw any approval to employ a system of innovative control technology 

made under this section 14 if: 

14.5.a. The proposed system fails by the specified date to achieve tho required continuous 

missions reduction rate; or 

14.5.b. The proposed system fails before the specified date so as to conatibute to an unreasonable 

risk to public health, welfare, or safety; or 

14.5.c. The Secretary decides at any time that the proposed system is unlikely to achieve the 

required level of control or to protect the public health, weIfiue, or safety. 

14.6. If the some or modiilcation fails to meet the required level of continuous emissions reduction 

within the specified the period, or if the approval is withdrawn in accordance with subsection 14.5, the 

Secretary shalt specify a date by which the source or moditlcation shall meet the requirement for the 

application of best available control technology through use of a dunonstrated system of control. This 

date sMl not exceed three (3) years hrn the date of the end of the specified time period or the date that 

the approval is withdrawn, whichever is earlier. 
15.1.a. Concentrations athibutable to the increase in emissions from stationary sources which 

have converted from the use of petroleum products, natural gas, or both by reason of an order in effect 

under sections 2(a) and @) of the Energy Supply and Environmental Coordination Act of 1974 (or any 

superseding legislation as of the effective date of this ruIe) over the emissions fivnn such sources before 

the effective date of swh an order, 

15.l.b. Concentrations attributable to the increase in emissions front sources which have 

converted fiom wing natural gaa by reason of natural gas curtailment plan in effect pursuant to the 

Federal Power Act over the emissions from such sources before the effective date of such plan; 

15.l.c. Concentrations of piuticulate matter attributable to the increase in emissions hrn 

construction or other temporary emission-related activities of new or modified sources; and 

15.1.d. Concentrations attributable to the temporary increase in emissions of sulfur dioxide, 

particulate matter, or nitrogen oxides from stationary sources so long as such exclusion meets the 

folfowing requirements: 

15.1.61, The temporary emissions increase of sutfcrr dioxide, particulate matter or nitrogen 

dioxides does not exceed two (2) years in duration; 

15.l.d.2. lhe exclusion period for the temporary emissions increase is not renewable; and 

15.1.63. The exclusion allows no emissions increases from a stationary source which would: 

15.l.d.3.A. Impact a Class I area or an area where an applicable increment is known ta be 

violated; or 

15.1.d.3.8. Cause or contribute to aviolation of a Natid Ambient Air Quality Standard. 

15.l.d.4. The exclusion requires limitations to be in effect at the end of the exclusion period 

spedied in paragraph 15.l.d.1, which ensures that the emissions levels fkom stationary sources would not 

exceed those levels occurring from such sources before the temporary increase. 

15.2. No exclusion of such concentrations shall apply more than five (5) years after the effective date 

of the order to which subdivision 15.l.a refers or the plan to which subdivision 15.1.b refm, whichever is 

applicable. If both such order and plan are applicable, no such exclusion shall apply more than five (5) 

years after the later of such effective dates. 

945-14-16. Specific Exemptions. 

16.1. A non-profit health or non-profit educational institution proposing to construct or relocate a 

major stationary source or to make a major modification may petition the Secretary for an exemption 
stationary source or modification and such source does not belong to any of the source categories listed in Table 1 may petition the Secretary for exemption fmm the requirements of subsections 8.2, 8.3, 8.4 and sections 9,ll and 12. 

16.3. Any person proposing to relocate a source or moMcation that is a portable stationary some 

which has previously received a pennit under this rule may petition the Secretary for an exempf on from 

the requirements of subsections 8.5 8.3 and 8.4 and sections 9,11 and 12. The Secretary shall grant this 

exemption if the following conditions are met: 

16.3.a. The source proposes to relocate and emissions of the source at thc new location would 

not exceed two (2) years; 

16.3.b. The emissions fioin the some would not exceed its allowable emissions; 

16.3.c. The emissions from the source would impact no Class I area and no area where an 

appiicable increment is known to be violated; 

16.3.d. Tho source identifies the proposed new location and the probable duration of operation at 

the new location; and 

16.3.e. Such petition shall be submitted to the Secretary not less than ten (10) days in advance of 

the proposed relocation unless a diffkrent time duration is previously approved by the Secretary. 

16.4. Requirements equivalent to those contained in subsections 8.5 8.3 and 8.4 and sections 9, 11 

and 12 do 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 under 5107 of the CAA. 

16.5. Any person proposing to construct or relocate a major stationary source or make a major 

modificdon may petition the Secretary for an exemption from the ~quirements of sections 9 through 12 

with respect to a particular pollutant and the Secretary shall grant such exemption, if the allowable 

emissions of that pollutant hm a new source, or the net emissions increase of that pollutant from a 

modification, would not exceed two (2) years, would not impact any Class I area and would not impact 

any area where an applicable increment is known to be violated. 

16.6. Any person proposing to mom a major stationary source located in a Class I1 area that was in 

existence prior to March 1, 1978 may petition the Secretmy for an exemption fiom the requirements of 

sections 9, 11 and 12 as they relate to any maximum allowable increase for a Class 11 area. The 

Secretary shall grant such aem*on if the net increase in allowable emissions of each regulated NSR 

pollutant firrm the modi5cation after the application of best available control technology would be less Qhan fifty (50) tons per year. 

16.7. Any person proposing to construct or relocate a major stationary source or make a major 

modification may petition the Secretary for an exemption from the requirements of section 11 with 

respect to a particular pollutaslt if: 
16.7.b. The applicant demonstrates that the concentrations of the pollutant in the area that the 

source or mod3ication would affwt are less than the concentrations listed in Table 2; or 

16.7.c. The applicant's request is for any pollutant which is not listed in Table 2. 

16.8. The pennitling requirements contained in subdivision 9.1.b do not apply to a stationary source 

or modification with respect to any maximum allowable increase for nitrogen oxides 3 the owner or 

operator of the source or modification submitted an appli~ation for a p&t to the Secretary before the 

provisiom embodying the maximum allowable in~rease took effect as part of the plan and the Secretary 

Hydrogen 

Sulfide 

Total Reduced 

Sulfur 

Reduced Sulfur 

Compounds ' No de miniis air quality level is provided for ozone. 

However, any net anissions incrcasc of 100 tons per year w more of volatile ixganic fompollnds or nitrogen oxides subject to PSD would be required to perform an ambient iripact analpis, inclum the gathering of sir quality dats. 

0.2 

10 

10 

1-hour 

1-hour 

1-hour 
16.9.a. The owner or operator of the source or modification submitted an application for a pennit 

to the Secretary before the provisions embodying the maximum allowable increases for-PMlo took effect 

as part of the plan, and 

16.9.b. The Secretary subsequently detemzines that the application as submitted before that date 

was complete. Imtead, the applicable requirements of subdivision 9.l.b shall apply with respect to the 

maximum allowable increases for TSP as in effect on the date the application was submitted. 

1.10. The reauirements of subsection 9.1 shall not amlv to a stationarv source or modification 

resaect to the national ambient air aualitv standards for PMZ5 in effect on March 18.2013 if: 

16.10~ The Secretarv has detded a ~ermit aodication subject to this section to be cdek 

on or before December 14. 2022. Instead the requirements in subsection 9.1 shall amlv with resDect to 

the national ambient air crualitv standards for PM2.5 in effect at the time the Secretarv determined the 

permit annlication to be comnlete: q 

16.10.b. The Secretarv has first ~ublished before March 18, 2013 a mblic notice of a areliminatv 

& * 'ti 

9.1 shaIl ~DDIY with respect to the national ambient air aualitv standarde for PM7, in effect at the time of 

first ~ubljcation of a uublic notice on the ~relirninarv detanhtion. 

$45-14-17. Public Review Procedures. 

17.1. At the time that an application for a construction, modification or relocation pennit is filed, the 

applicant shall place a Clans I legal advertisement in a newspaper of general circuIation in the area where 

the source will be located. No permit shall be issued to any applicant until at least thirty (30) days notice 

has been pravi&d 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 pmposed to be 

discharged, the nature of the permit being sought, the proposed start-up date for the some and a contact 

telephone number for more infiation. 

17.2. After finishing the review of a complete application, the Secretaty shall make a preliminary 

&te&tion whether a permit should be approved, approved with conditions, or disapproved. 

17.3. 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 45CSI231), a copy of the preliminary determination, and a 

copy or summary of other materials, if any, considered in making the prelimhay determination. 

17.4. The Secretary shall place a Class I legal advertisement in a paper of general circulation in the 

ma 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, the degree of increment consumption that is expected fiam 
17.5. The Secretary shall send a copy of the advertisement to the applicant, to the Administrator, and 

to officials and agenci~s having cognizance over the location where the proposed constmction 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. 

17.6. The Secretary shall consider public comments submitted within thirty (30) days after the 

Secretary's public notification of an opporhmity for comment upon a proposed construction or relocation 

of a major stationary source or major rnodiikation, and comments submitted within a specified period not 

to exceed fifteen (1 5) days af€er any public meeting to receive comment a such proposed construction, 

modification, or relocation before malting a hl decision on the appmvability of the application. 'Ihc 

Secretary shall make copies of all comments available for public inspection in the same locations where 

the Secretary made available pmonstruction infoxmation relating to the proposed source or modification. 

17.7. The Secretary shall make a final determination whether construction should be approved, 

approved with conditions, or disapproved. 

17.8. The Secretary ahall notify the applicant in writing of the fhal determination and make a copy of 

such notification available for public impecticm at the same location where the Secretary made available 

precoflstruction information and public comments relating to the proposed source or moddication. 

M5-14-18. PubIfc Meetings, 

18.1. 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 propwed major source or major modification. 

18.2. 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. 

18.3. 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 

#45-14-19. Permit Tmnsfer, CancelIation and Responsibility. 

19.1. A permittee may petition the Secretary for a transfer of a permit previously issued in accordance 

with this rule. The Secre$ary shall approve such permit trans& provided the following conditions are 

met : 

19.1 .a. The permittee, in the petition, describes the reasons for the requested pennit tsansfer and 
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19.2. The Secretary shall suspend or revoke 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. 

19.3. The Secretary may suspmd, modify, or revoke the pennit if the plans and specifications upon 

which the approval was based or the conditions established in the pennit are not adhered to. Upon notice 

of the Secretary's intent to suspend, modify or revoke a pennit, the permittee may request a conference 

with the Secretary in accordance with the @ions of W.Va. Code g22-5-5 to show cause why the 

permit should not be suspended, modified or revoked. 

19.4. Any owner or operator who constructs, modifies or relocates any stationary source not in 

accordance with the application submitted pursuant to this rule or with the terms of any permit to 

construct, modify or relocate, or any owner or operator of a source subject to this rule who commences 

construction after the effective date of this rule without applying for and receiving approval hereunder, 

shall be subject to appropriate enforcement action. 

19.5. Possession of a permit does not relieve any person of the responsibility of complying with any 

and all rules of the Semtary or W.Va. Code 5 22-1-1 et seq. 

19.7. Any person who owns or operates any particular source or modification which becomes a major 

stationary some or major m&cation solely by virtue of a relaxation in any limitation, enforceable by 

the Administrator or the Secretary, on the capacity of the source ar modification otherwise to emit a 

pollutant (such as a restriction on hours of operalion), shall become subject to the requirements of this 

de as though construction had not yet commenced on the some or modification. 

19.8. Except as otherwise provid~d in subdivision 19.8.f; the following specific provisions apply with 

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 19.8.C 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 paragraphs 2.63.a.1 through 2.63.a.3 for calculating projected actual 

emissions. 

19.8.a. Before beginning actual wnstruction of the project, the owner or operator shall document 

and maintain a record of the following Wmation: 

19.8.a. 1. A description of the proposed project; 
projected actual emissions, the amount of emissions excluded under paragraph 2.63.a.2 and an 

explanation for why such amount was excluded, and any netting calculations, if applicable. 

19.8.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 idormation required under 

subdivision 19.8.a to the Secretary. Nothing in subdivision 19.8.b shall be construed to require the 

owner or operator of such a unit to obtain any determination fkom the Secretary before beginning actual 

corts~tion. 

19.8.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 paragraph 

19.fl.a.l. The ownr or operator shall calculate and maintain a record of the annual ernissiom, in tons per 

year on a calendar year basis, for a pdod 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 of or potential to emit that regulakd NSR pollutant at such emissions 

unit. 

19.8.d. If the unit is an existing electric utility steam generating unit, the owner or operator shali 

submit a report to the Secretary within 60 days after the end of each year during which records must be 

generated under subdivision 19.8.c setting out the unit's annual emissions during the calendar year that 

preceded submission of the report. 

19.8.e. If the 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, fiom the project 

identified in subdivision 19.8.a, exceed the baseline actual emissions (as documented and maintained 

pursuant to paragraph 19.8.a.3), by a signiscant amount (as &fined in subsection 2.74) for that regulated 

NSR po11utant, and if such emissions dXFa hm the preconsbuction projection as documented and maintained pursuant to paragraph 19.8.a.3. Swh report shall be submitted to the Secretary within 60 days &er the end of such y ear. The report shall contain the following: 

19.8.e. 1. The name, address and telephone number of the major stationary source; 

19.8.e.2. The armual emissions as calculated pursuant to subdivision 19.8.c; and 

19.8.e.3. Any other idomration that the owner or operator wishes to include in the report (e.g., 

an explanation as to why the emissions differ from the preconstructim projection). 

19.8.f.A "reasonable possibility" under subsection 19.8 occm when the owner or operator 

cdculates the project to result in either: 

19.8.f.l. A projected actual emissions increase of at least 50 percent of the amount that is a 

"significant emissions increase," as defined under subsection 2.75 (without reference to the amount that is 

a significant net emissions increase), for the regulated NSR pollutant; or 
then provi~ions under subdivisions 19.8.b through 19.8.e do not apply to the project. 

19.9. The owner or operator of the source shall make available the information required to be 

documented and maintained pursuant to subsection 19.8 for review upon a request for inspection by the 

Sec=tary or the general public pursuant to the requirements contained in 45CSR30. 

$45-14-20. Disposition of Permits. 

20.1. In the event that the Secretary promulgates changes to this rule or in the event of a redesignation 

of an attainment or non-attainment area (in accardame with 5 107 of the CAA) prior to final disposition 

of a permi$ the Secretary shall make f5.d disposition of the permit application in accordance with such 

newly promulgated standards or redesignation. 

$45-14-21. Conflict with Other Permitting Rules. 

21.1. For sources required to obtain a permit under this rule, the provisions of 45CSR13 requiring a 

permit do not apply, so that only a single permit is required; provided, however, that: 

21.1.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 

21.1.b. Any pdt issued under this rule includes conditions that ensure compliance with the 

provisions of 45CSR13 to the extent applicable to any regulated air pollutant (as defined in 45CSR13) not 

otherwise covered under this rule. 

21.2. For soms that may be subject to 45CSR13, 45CSR14 andlor 45CSR19, the more stringent 

provisions of each applicable rule shall apply. 

$45-14-23. [Resewed.] 

945-14-24, [Reserved], 

945-14-25. Actuals PALS. 

25 .I. Applicability. 

25.l.a. The Secretary may approve the use of an actuals PAL for my existing major stationary 

source if the PAL, rneets the requirements in subsections 25.1 through 25.15. The tern "PAL" shall mean 

"actuals PAL" throughout section 25. 

25.l.b. Atry physical change in or change in the method of operation of a major stationary source 
25.1.b.2. Does not have t~ be approved through &e PSD program; and 

25.I.b.3. Is not subject to the provisions in subsection 19.4 (restrictions on relaxing enforceable 

emission limitations that the major stationary source used to avoid applicability of the major NSR 

program). 

25.l.c. Except as provided under paragraph 25.1.b.3, a major stationary source shall continue to 

comply with all applicable Federal or State requirements, emission Limitations, and woxk practice 

requirements that were established prior to the effective date of the PAL. 

25.2. Definitions. - For the purposes of this section 25, the definition in subdivision 25.2.a applies. 

When a term is not defined in these paragraphs, it shalI have the meaning given in section 2 or in the CAA. 

25.2.a. Allowable emissions means "allowable emissions" as defined in subsection 2.6, except as 

modified according to paragraphs 25.2.a. 1 and 25.2.a.2. 

25.2.a.l. 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 

25.2.a.2. An emissions unit's potential to emit shall be determined uaing the definition in 

subsection 2.58, except that the words "or enforceable as a practical matter" should be added after 

"federally enforceable." 

25.3. Permit application requirements. -- As part of a permit application requeslhg a PAL, the owner 

or operator of a major stationary some shall submit the following information to the Secretary for 

approval: 

25.3.a. A list of a11 emissions units at the source designated arc 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. 

25.3.b. Calculations of the baseline actual missions (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 maEhcCon. 

25.3.c. The calculation procedures that the major stationary source owner or operator proposes to 

use to convert the monitoring system &kt to monthly emissions and annual emissions based on a 

12-month rolling total for each month as required by subdivision 25.13.a. 

25.4. General requirements fm establishing PALS. 

25.4.a. The Secretary is alIowed to establish a PAL at a major stationary source, provided that at 

a mhimum, the requirements in paragraphs 25.4.a.1 through 25.4.a.7 are met. 
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the previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). Far each 

month during the ht If 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. 

25.4.a.2. The PAL shall be established in a PAL permit that meets the public participation 

requirements in section 17. 

25.4.a.3. The PAL permit shall contain all the requirements of subsection 25.7. 

25.4.a.4. The PAL shalI include fugitive emissions, to the extent quantifiable, fim all 

emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source. 

25.4.a.5. Each PAL shall regulate emissions of unly we pollutant. 

25.4.a6. Each PAL shall have a PAL effective period of 10 years. 

25.4.a.7. The owner or operator of the major stationary source with a PAL shall comply with 

the monitoring, recmdkeeping, and reporting requirements provided in subsections 25.12 through 25.14 

fix each emissions uslit under the PAL through the PAL effective period 

25.4.b. At no time during or after the PAL effective period are emissions reductions of a PAL 

pollutant that occur during the PAL effective period creditable as decreases for purposes of &ets pwsmt to 45CSR19 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 Pa. 

25.5. Public participation reements for PALS. -- PALs for existing major stationary sousces shall 

be established, renewed, or increased through a procedure that is consistent with 45CSR13. This 

includes the requirement that the Secretary 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 lina1 action on the permit. 

25.6. Setting the 10-year actuds PAL level. 

25.6.a. Except as provided in subdivision 25.6.b, actuab PAL level for a major stationary source 

shall be established as the sum of the baseline actual emissions (as &fined in subsection 2.8) of the PAL 

pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level far 

the PAL pollutant under subsection 2.74 or under the CAA, whichever is lower. When establishing the 

actds PAL, level, for a PAL pollutant, only one consecutive 24-month period mt be used to determine 

the baseline actual emissions for all exist@ 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 fiom the PAL level. Emissions 

hm 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 entit of the units. The Secretary shall specify a reduced PAL 
the original baseline emissions of auch unit(s). 

25.6.b. For newly cons-ted units (which do not include modifications to existing units) on 

which actual constsvction began aftex the 24-month period, in lieu of adding the baseline actual emissions 

as specified in subdivision 25.6.q the emissions must be added to the PAL level in an amount equal to the 

potential to emit of the units. 

25.7. Contents of the PAL permit. -- The PAL permit must contain, at a minimum, the infomation in 

subdivisions 25.7.a through 25.73. 

25.7.a. The PAL pollutant and the applicable source-wide emission Limitation in tons per year, 

25.7.b. The PAL pennit effective date and the expiration date of the PAL (PAL effective period). 

25.7.c. Spefication in the PAL permit that if a major stationary source owner or operator 

appIies to renew a PAL in accordance with subsection 25.10 befm the end of the PAL effective period, 

then the PAL sM mt expire at the end of the PAL effective period. It shall remain in effect &I a 

revised PAL permit is issued by the Secretary. 

25.7.d. A requirement that emission calculations for compliance purposes muet include 

emissions hm startups, shutdowns, and malfunctions. 

25.7.e. A requirement that, once the PAL expires, the major stationary source is subject to the 

requirements of subsection 25.9. 

25.7.f.The calculation procedures that the major stationary source owner or operator shall use to 

corrvert the monitoring system data to monthly &sim and annual emissions based on a 12-month 

rolling total as required by subdivision 25.13.a. 

25.7.g. A requirement that the major stationary source owner or operator monitor all emissions 

units in accordance with the provisions under subsection 25.12. 

25.7.h. A requirement to retain the records required under subsection 25.13 on site. Such 

records may be retained in an electrmic fomat. 

25.7.i.A requirement to submit the repo- rerequired under subsection 25.14 by the required 

deadlines. 

25.7.j.A.n~ other requirementp, that the Secretary deems necessary to implement and enfurce the 

PAL. 

25.8. PAL effective period and reopening of the PAL pennit. - The requiremenb in subdivisions 

25.8.a and 25.8.b apply to actuals PALS. 
25.8.b.l. During the PAL effective period, the Secretary must reopek the PAL pennit to: 

25.8.b.l.A. Correct typographical or calculation ems made in setting the PAL or reflect a 

more accurate determination of emissions used to establish the PAL; 

25.8.b.l.B. Reduce the PAL if the owner or operator of the major stationary source creates 

creditable emissions reductions for use as offiets pursuant to 4SCSR19; and 

25.8.b.l.C. Revise the PAL to reflect an increase in the PAL as provided under subsection 

25.2 1. 

25.H.b.2. The Secretary shall have discretion to reopen the PAL pennit for the following: 

25.8.b.2.A. Reduce the PAL, to reflect newly applicable Federal requirements (for example, 

NSPS) with compliance dates after the PAL effective date; 

25.8.b.2.B. Reduce the PAL consistent with any other requirement, that is &meable as a 

practical matter, and that the State may impose on the major stationary source under the State 

Implementation Plan, and 

25.8.b.2.C. Reduce the PAL if the Secretary determines that a duction is necessary to 

avoid causing or contributing to a National Ambient Air Quality Standard (NAAQS) or PSD increment 

violation, or to an advense impact on an air quality related value that has been identified fw a Federal 

Class I area by a Federal Land Manager and for which Miinmation is available to the general public. 

25.8.b.3. Except for the permit reopening in subparagraph 25.8.b.I.A for the correction of 

typographicaUcalculation emrs that do not increase the PAL level, all other reopenings shall be carried 

out in accordance with the public participation requirements of subsection 25.5. 

25.9. Expiration of a PAL. - Any PAL that is not renewed in accordance with the procedures in 

subsection 25.10 shall expire at the end of the PAL effective period, and the requirements in subdivisions 

25.9.a through 25.9.e shall apply. 

25.9.a. Each emissions unit (or each group of emissions units) that existed under the PAL shall 

comply with aa allowable emission limitation under a revised permit established according to the 

procedures in paragraphs 25.9.a. 1 and 25.9.a.2. 

25.9.a.l. Within the time me specified for PAL renewals in subdivision 25.10.b, the major 

stationary source shalf 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 effectiw period, as required under subdivision 25.10.e, such distribution shall be made as if the PAL had been adjusted. 
25.9.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 (some testing, 

emission fsctm, etc.) other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the 

allowable emission limitation. 

25.9.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 25.9.a.2, the source shall 

continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL 

emission limitation. 

25.9.d. Any physical change or change in the method of operation at the major stationary source 

will be subject to major NSR requirements if such change meets the definition of major modification in 

subsection 2.40. 

25.9.e. The major stationary source owner or operator shall continue to comply with any State or 

Federal applicable requirements @ACT, RACT, NSPS, etc.) that may have applied either during the PAL 

effective period or prior to the PAL effective period except for those emission lintitations that had been 

established pursuant to subsection 19.4, but were eliminated by the PAL in accordance with the 

provisions in paragraph 25.1.b.3. 

25.10.Renewal of a PAL. -- The Secretary shall follow the procedures specified h subsection 25.5 in 

approving any request to renew a PAL for a major stationary source, and shall provide both the proposed 

PAL level and a written donale 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. 

25.10.a Application deadline. - A major stationary source owner or operator shall submit a 

timely application to the Semetary to request renewal of a PAL. A tjmely 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 stationq source submits a complete application to renew 

the PAL within this the period, then the PAL shall continue to be effective until the revised pennit with 

the renewed PAL is issued. 

25.10.b. Application requirements. -- The application to renew a PAL permit shall contain the 

infomation required in paragraphs 25.10.c.l through 25.10.c.4. 

25.10.b. 1. The information required in subdivisions 25.3.a through 25.3.c. 

25.10.b.2. A proposed PAL level. 

25.10.b.3. The sum of the potential to emit of all emissions uniQ under the PAL (with 

supporting documentation). 
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shall consider the options outlined in paragraphs 25.10.d.l and 25.10.d.2. However, in no case may any 

such adjustment fail to comply with paragmph 25.10.63. 

25.10.c.l. If the emissions level calculated in accordance with subsection 25.6 is equaI to or 

greater than 80 percent of the PAL level, the Secretary may renew the PAL at the same level without 

cansidering the factors set forth in paragraph 25.10.62; or 

25.10.c.2. The Secretary may set the PAL at a level that he or she determines to be more 

representative of the source's baseline actual emissions, or that he or she determines to be more 

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 hie or her written rationale. 

25.10.c.3. Notwithstanding paragraphs 25.10.d.l and 25.10.d.2: 

25.10.c.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 

25.10.c.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 25.11 (increasing 

a PAL). 

25.10.6 Ifthe 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 he of PAL permit renewal or tide V permit renewal, 

whichever occurs ht. 

25.1 1.hmasing a PAL during the PAL dfective period. 

25.11.a. The Secretary may increase a PAL emission limitation only Xthe major stationary some 

complies with the provisions in paragraphs 25.11 .a 1 and 25.11 a.2. 

25.11.a.l. The owner or operator of the major sttationary source shall submit a complete 

application to request an increase in the PAL hit for a PAL major modification. Such application shall 

identi& the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or exceed ita PAL. 

25.11.a.2. As part of this application, the major stationary sorulce owner or operator shall 

demonstrate that the swn of the baseline actuaf emissions of the small emissions units, plns the sum of the 

baseline actual emission6 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@) exceeds the PAL. The level of control that would result hm BACT equivalent controls on each 

significant or major emissions unit shall be determined by conducting a new BACT analysis at the time 
25.11.a.3. The owner or operator obtains a major NSR permit for all emissions unit($) 

idenlified in paragraph 25.11.a.1, regardless of the magnitude of the emissions increase resulting from 

them (that is, no significant levels apply). These emissions unit@) shall comply with any emissions 

requirements resulting from the major NSR process (for example, BACT), even though they have also 

become subject to the PAL or continue to be subject to the PAL. 

25.11.a.4. The PAL permit BM require that the increased PAL level shall be effective on the 

day aq emissions unit that is part of the PAL major modification becomes operational and begins to emit 

the PAL pollutant. 

25.11.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 equivaIent controls as determined in accordance with 

paragraph 25.ll.a.2), plus the sum of the baseline actual emissions of the emall emissions units. 

25.11.~. The PAL permit shall be revised to reflect the increased PAL level pursuant to the public 

notice requirements of subsection 25.5. 

25.12. Monitoring requirements for PALS. 

25.12.a. General wquirements. 

25.12.a.l. 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 Iegal requirements for admissibility in a 

judiciaI proceeding to enforce the PAL pennit. 

25.12.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 25.12.b.l through 

25.12.b.4 and must be approved by the Secretary. 

25.12.a.3. Notwithstanding paragraph 25.12.a2, you may also employ an altemative 

monitoring approach that meets paragraph 25.12.a.1 if approved by the Secretary. 

25.12.a.4. Fail- to use a monitoring system that meets the requirements of this rule renders 

the PAL invalid. 

25.12.b. hhimum perkice requirements for approved monitoring approaches. The 

following are acceptable general monitoring appmaches when conducted in accordance with the 

minimum requirements in subdivisions 25.12.c through 25.12.i: 
25.12.b.4. Emission factors. 

25.12.~. Mass balance calculations. -- An owner or operator using mass balance calculations to 

monitor PAL pollutant emissions fhm activities using coating or solvents shaU meet the following requirements: 

25.12.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 uait; 

25.12.c.2. Assume that the emissiom unit emits dl 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 

25.12.c.3. Where the vendor of a material or &I, which is used in or at the emissions unit, 

publishes a range of pollutant content %m such matelial, 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-rcpe~ific data or a site-spefic monitoring program to support another content within the range. 

25.12.d. CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall 

meet the following requirements: 

25.12.d.l. CEMS must comply with applioable Perfonmame Specifications found in 40 CFR 

Part 60, appendix B; and 

25.12.d.2. CEMS must sample, analyze and record data at least every 15 minutes while the 

emissions unit is operating. 

25.12.e. CPMS or PEMS. An owner or operator wing CPMS or PEMS to monitor PAL 

pollutant emissions shall meet the fallowing requirements: 

23.12.e.l. The CPMS or the PEMS must be based on current site-specific data demonstrating 

a correlation between the monitored parameter@) and the PAL pollutant emissions across the range of 

operation of the emissions unit; and 

25.12.e.2. Each CPMS or PEMS must sample, analyze, and record data at least every 15 

minutes, or at another less fiequent interval approved by the Secretary, while the emissions unit is 

operating. 

25.12.f. Emission factors. -- An owner or operator wing emission factors to monitor Pa 

pollutant emissions shall meet the following requirements: 

25.12.f.l.AU emission factors shall be adjusted, if appropriate, to account for the degree of 
25.12.f.3.E 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 

deteh a site-specific emission factor within 6 months of PAL permit issuance, unless the Secretary 

&-es that testing is not required 

25.12.g. A some ownex or operator must record and report maximum potential emissions without 

considering enforceable emission Limitations or operatid restrictione for an emissions unit during any 

period of time that here is no monitoring data, unless another method for determining emissions during 

such periods is specified in the PAL permit. 

25.12.h. Notwithstanding the requirements in subdivisions 25.12.c though 25.12.g, where an 

owner or operator of an emissions unit cannot demonstrate a cornlation between the monitored 

parameter(s) and the PAL pollutant emissions rate at aIl operating points of the emissions tmit, the 

Secretary shall, at the time of permit issuance: 

25.12.h.l. Establish default value(s) for &brmining compliance with the PAL based on the 

highest potential emissions reasonably estimated at such operating point(s); or 

25.12.hZ. 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. 

25.12.i. Re-validation. -- AU data used ta establish the PAL pollutant must be re-validated 

through perfiance 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. 

25.13. Recordkeeping requirements. 

25.13.a. The PAL pemtit shall require an owner or operator to retain a copy of all records 

necessary to determine compliance with any requirement of section 28 and of the PAL, including a &teetion of each emissions unit's 12-month rolling total emissions, for 5 years from the date of such 

record 

25.13.b. The PAL permit &all require an owner or operator to retain a copy of the following 

records for the duration of the PAL effective period plus 5 years: 

25.13.b.1. A copy of the PAL permit application and any applications for revisions to the 

PAL; and 

25.13.b.2. Each annual certification of compliance pursuant to title V and the data relied on in 

certifying the compliance. 

25.14.Reporting and notification requirements. -- The owner or operator shall submit semi-annual 

monitoring reports and prompt deviation reports to the Secretary in accor~ce with the applicable title V 
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paragraphs 25.14.a.1 through 25.14.a.7. 

25.14.a.l. The identification of owner and operator and the permit number. 

25.14.a.2. Total mual emissions (toadyear) based on a 12-monih rolling total for each 

month in the reporting period recorded pursuant to subdivision 25.13.a. 

25.14.a.3. A11 data relied upon, including, but not Wted to, any Quality Assurance or 

Quality Con-1 data, in calculaling the monthly and annual PAL pollutant emissions. 

25.14.a.4. A list of any emissions units modified or added to the major statisnary source 

during the preceding 6-month period. 

25.14.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. 

25.14.a.6. A notification of a shutdown of any monitoring system, whether the shutdown was 

pennmnt 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 conhued to operate, and the calculation of the emissions of the 

pollutant or the mber determined by method included in the permit, as provided by subdivision 25.12.g. 

25.14.a.7. A signed statement by the responsible official (as defined by the 45CSR30-238) 

certifjling the truth, accuracy, and completeness of the in€omatim provided in the report. 

25.14.b. Deviation report. -- The major stationary source owner a operator shalI promptly submit 

reports of any deviations or exceedance of the PAL requirements, including perio& where no monitoring 

is available. A report submitted pursuant to 45CSR30-5.l.c.3 shall satisfy this reporting requirement. 

The deviation reports shall be submitted within the time limits prescribed by the applicable program 

implementing 45CSR30-5.I.c.3. The reports shall contain the following information: 

25.14.b. 1. The identification of owner and operator and the permit number, 

25.14.b.2. The PAL requirement that experienced the deviation or that was exceeded; 

25.14.b.3. Emisdons resulting fmm the Mation or the exceedance; and 

25.14.b.4. A signed statement by the responsible official (as defined by the applicable title V 

operating permit program) certifying the truth, accuracy, and completeness ofthe information provided in the report. 

25.14.~. 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 methad. 
the WV SIP incorporating this rule. 

25.15.b. The Secretary my supersede my PAL that was established prior to the effective date of 

EPA approvaI and promulgation of a revision to the WV SIP incorporating this rule with a PAL that complim with the requirements of subsections 25.1 through 25.15. 

945-14-26. Inconsistency Between Rules 

26.1. In the event of any inconsistency between this rule and any other rule of the West Virginia 

Deparbment of Environmental Protection, such inconsistency shall be resolved by the determination of the 

Secretary and such determination shall be based upon the application af the more stringent provision, 

tm, condition, method or de.