BEFORE THE DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DIVISION OF AIR QUALITY 

IN THE MATTER OF: 

PROPOSED REVISIONS TO RULE 45CSR14, 

PERMITS FOR CONSTRUCTION AND MAJOR 

MODIFICATION OF MAJOR STATIONARY 

SOURCES OF AIR POLLUTION FOR THE 

PREVENTION OF SIGNIFICANT DETERIORATION 

TRANSCRIPT OF PROCEEDINGS had or testimony 

adduced pursuant to the West Virginia Rules of Civil 

Procedure in the a.bove-entitled action, on the llth day of 

August, 2008, commencing at 6:17 p.m. and concluding at 

6:19 p.m., at the West Virginia Department of Environmental 

Protection, 601 57t" Street S. E., Charleston, Kanawha 

County, West Virginia, taken by Jo A.nn Wilson, Certified 

Court Reporter, duly certified by the West Virginia Supreme 

Court of Appeals and Notary of West Virginia, pursuant to 

notice to all interested parties. 

BEFORE: JAMES MASON, Moderator 

NANCY MClYEALY 

CERTIFIED COURT REPORTER 

Post Office Box 13415 

Charleston, West Virginia 25360-0415 

(304) 988-2873 FAX (304) 988-1419 
INDEX 

Reporter's Certificate ..................... Page 5 
Proceedings 3 

MR. MASON: This public hearing will now 

come to order on this llth day of August, 2008, at the West 

Headquarters. Comments and testimony will be accepted 

until the close of this hearing, and will be made part of 

the rulemaking record. Any question regarding revisions to 

the rules, or repeal, will be included with your comments. 

Any such question will be answered as part of the response 

to comments in the rulemaking record. 

The purpose of this public hearing is to 

satisfy state rulemaking requirements by accepting comments 

on Proposed Revisions to Rule 45CSR14, Permits for 

Construction and Major Modification of Major Stationary 

Sources of Air Pollution for the Prevention of Significant 

Deterioration. This rule establishes a state construction 

permit program consistent with the federal Clean Air Act's 

Title I program, and implementing regulations titled 

Prevention of Significant Deterioration of Air Quality. 

Revisions to the rule remove provisions for 

pollution control projects and clean units per a 2005 U.S. 

Court of Appeals decision which vacated these provisions in 

the federal counterpart. New references to NOx as a 

precursor are also included in the proposed rule to comport 

with federal counterpart language. 
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Proceedings 4 

The Division of Air Quality will provide 

EPA with a separate 30-day review and comment period, and 

upon authorization and promulgation of 45CSR14, the 

Division will submit the rule to the U.S. Environmental 

Protection Agency as a revision to the State Implementation 

Plan, pursuant to the federal Clean Air Act. 

The floor is now open for comments. 

(There being no comments, 

Proceedings resumed as follows.) 

MR. MASON: There being nothing further, 

this public hearing for Proposed Rule 45CSR14 is concluded. 

(WHEREUPON, the public hearing was concluded.) 
REPORTER'S CERTIFICATE 

STATE OF WEST VIRGINIA, 

COUNTY OF KANAWHA, to wit: 

I, JO ANN WILSON, Certified Court Reporter, do 

hereby certify that the foregoing is, to the best of my 

skill and ability, a true and accurate transcript of all 

the proceedings as set forth in the caption hereof. 

Given under my hand this 20th day of August, 

2008. 

My commission expires July 10, 2016. 

U Certified Court Reporter