Public Notice

2009 Proposed Rules

The West Virginia Department of Environmental Protection has scheduled public hearings for its

2009 proposed legislative rules. All hearings will take place at the DEP’s Charleston

headquarters, 601 57th Street S.E., Charleston, WV 25304. Oral and written comments will be

limited to the proposed revisions and will be made a part of the rulemaking record. Copies of the

rules are available from the Secretary of State’s office or from the DEP at

www.wvdep.org/2009rules. You may also obtain hardcopies of the information by calling the

phone numbers listed below.

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

Comments may also be e-mailed to comments@wvdep.org. The hearing dates, locations and

comment deadlines are as follows:

Secretary’s Office

60CSR3 – Voluntary Remediation and Redevelopment Rule

The public hearing will take place at 6 p.m. on August 4, 2008 in the Coopers Rock Training

Room. The comment period will end at the conclusion of the hearing. 

For more information call 304-926-0455.

Division of Air Quality

45CSR1 – Control & Reduction of Nitrogen Oxides from Non-Electric Generating Units as a

Means to Mitigate Transport of Ozone Precursors

45CSR8 – Ambient Air Quality Standards

45CSR13- Permits for Construction, Modification, Relocation and Operation of Stationary

Sources...(minor source permits) 

45CSR14 – Permits for Construction and Major Modification of Major Stationary Sources of Air

Pollution for the Prevention of Significant Deterioration

45CSR16 – Standards of Performance for New Stationary Sources

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

Facilities

45CSR26 – NOx Budget Trading Program as a Means of Control and Reduction of Nitrogen

Oxides from Electric Generating Units

45CSR34 – Emission Standards for Hazardous Air Pollutants

45CSR37 – Mercury Budget Trading Program to Reduce Mercury Emissions 

The public hearing for all air quality rules will take place at 6 p.m. on Aug. 11 in the Coopers

Rock Training Room. The comment period will end at the conclusion of the hearing. Upon

authorization and promulgation of revisions to 45CSR8, 45CSR13 and 45CSR14, the DAQ will

submit the rules to the U.S. Environmental Protection Agency (EPA) as revisions to the State

Implementation Plan pursuant to the federal Clean Air Act (CAA). Rules 45CSR16, 45CSR25

and 45CSR34 will also be submitted to EPA to fulfill other federal obligations under the CAA,
including delegations, plans and program approvals. Rules 45CSR1, 45CSR26 and 45CSR37 are

proposed to be repealed. 

For more information on any of the DAQ rules call 304-926-0475.

Division of Mining and Reclamation

38CSR2 – WV Surface Mining Reclamation Rule

The public hearing will take place at 6 p.m. on August 12, 2008 in the Coopers Rock Training

Room. The comment period will end at the conclusion of the hearing.

47CSR30 – WV/NPDES Rules for Coal Mining Facilities

The public hearing will take place at 6:30 p.m. on August 12, 2008 in the Coopers Rock Training

Room. The comment period will end at the conclusion of the hearing. 

For more information on any of the DMR rules call 304-926-0490.

Division of Water and Waste Management

33CSR20 – Hazardous Waste Management System

The public hearing will take place at 7 p.m. on August 12, 2008 in the Coopers Rock Training

Room. The comment period will end at the conclusion of the hearing.

33CSR 24 – Hazardous Waste Management Fee

The public hearing will take place at 7:30 p.m. on August 12, 2008 in the Coopers Rock Training

Room. The comment period will end at the conclusion of the hearing.

47CSR32 – Regulations Governing Environmental Laboratories Certification and Standards of

Performance

The public hearing will take place at 6 p.m. on August 14, 2008 in the Coopers Rock Training

Room. The comment period will end at the conclusion of the hearing.

33CSR22 – Assessment of Civil and Administrative Penalties (Hazardous and Solid Waste)

The public hearing will take place at 6:30 p.m. on August 14, 2008 in the Coopers Rock Training

Room. The comment period will end at the conclusion of the hearing.

47CSR56 – Assessment of Civil and Administrative Penalties (Groundwater)

The public hearing will take place at 7 p.m. on August 14, 2008 in the Coopers Rock Training

Room. The comment period will end at the conclusion of the hearing.
47CSR34 – Dam Safety

The public hearing will take place at 7:30 p.m. on August 14, 2008 in the Coopers Rock Training

Room. The comment period will end at the conclusion of the hearing.

47CSR2 – Requirements Governing Water Quality Standards

The public hearing will take place at 6 p.m. on August 18, 2008 in the Coopers Rock Training

Room. The comment period will end at the conclusion of the hearing.

47CSR 31 – State Water Pollution Control Revolving Fund Program

The public hearing will take place at 7 p.m. on August 18, 2008 in the Coopers Rock Training

Room. The comment period will end at the conclusion of the hearing.

For more information on any of the Water And Waste Management Rules call 304-926-0495.
Division of Air Quality 

601 57" Street SE 

Charleston, WV 25304 

Phone 3041926-0475 FAX: 3041926-0479 

Joe Manchin 111, Governor 

Randy C. Huffman, Cabinet Secretary 

www.wvdep.org 

August 1 1,2008 

Ms. Judith M. Katz, Director 

Air Protection Division (3AP00) 

United States Environmental Protection Agency 

Region 111 

1650 Arch Street 

Philadelphia, PA 19103-2029 

RE: Proposed Air Quality Rules for 2009 Legislative Session 

Dear Ms. Katz: 

In accordance with state and federal public hearing requirements, on July 1 1, 2008, the West 

Virginia Department of Environmental Protection, Division of Air Quality (DAQ) initiated a thirty 

day notification period for its proposed rules for the 2009 West Virginia legislative session. This 

thirty day notice period ends with a public hearing at 6:00 PM on August 11, 2008. Written and 

verbal comments are accepted through the close of the hearing. 

Normally, the DAQ notifies EPA of the Division's proposed air quality rules each year, and 

expressly solicits comments on those intended as SIP revisions. However, we failed this year to 

satisfy the notification requirement under 40 CFR $5 1.102(d)(3) concurrent with our notice of public 

hearing in the West Virginia Register. The purpose of this letter is to satisfy this federal notification 

requirement and provide EPA notice of a separate thirty day period to provide comment on the 

proposed rules. The comment period begins August 15,2008, and ends September 15,2008. While 

this yields a full thirty day period, we request that you provide your input by August 27, 2008 to 

help us meet the state rulemaking deadline. 

Enclosed is a copy of nine (9) proposed air quality rules: 45CSR1, 45CSR8, 45CSR13, 

45CSR14,45CSR16,45CSR25,45CSR26,45CSR34 and 45CSR37. Once these rules have been 

authorized and promulgated by the West Virginia Legislature, the DAQ is proposing to adopt them 

in the Spring of 2009. 

Upon authorization and promulgation of revisions to 45CSR8, 45CSR13 and 45CSR14, the 

DAQ will submit the rules to EPA as revisions to the State Implementation Plan pursuant to the 

federal Clean Air Act (CAA). Rules 45CSR16,45CSR25 and 45CSR34 will also be submitted to 

EPA to fulfill other federal obligations under the CAA, including delegations, plans and program 

approvals. Rules 45CSR1, 45CSR26 and 45CSR37 are proposed to be repealed. However, the 

Division acknowledges that the vacatur of the Clean Air Interstate Rule may compel a withdrawal 

of the repeals for 45CSR1 and 45CSR26, which implement the NOx SIP Call at the state level. 

Promoting a healthy environment. 
Letter to Judith M. Katz 

August 1 1,2008 

Please submit any written comments to my attention at the above address, or call me with any 

questions regarding this matter at (304) 926-0462. 

A John A. Benedict 

Director 

JAB/' lm 

Enclosures 

Promoting a healthy environment. 
ORIGINAL 

BEFORE THE DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DIVISION OF AIR QUALITY 

IN THE MATTER OF: 

PROPOSED REPEAL OF 45CSR2 6, 

NOx BUDGET TRADING PROGRAM 

AS A MEANS OF CONTROL AND 

REDUCTION OF NITROGEN OXIDES FROM 

ELECTRIC GENERATING UNITS 

TRANSCRIPT OF PROCEEDINGS had or testimony 

adduced pursuant to the West Virginia Rules of Civil 

Procedure in the above-entitled action, on the llth day of 

August, 2008, commencing at 6:24 p.m. and concluding at 

6:25 p.m., at the West Virginia Department of Environmental 

Protection, 601 57th Street S.E., Charleston, Kanawha 

County, West Virginia, taken by Jo Ann 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 MCNEALY 

CERTIFIED COURT REPORTER 

Post Office Box 13415 

Charleston, West Virginia 25360-04 15 

(304) 988-2873 FAX (304) 988-1419 
INDEX 
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 the Proposed Repeal of 45CSR26, NOx Budget Trading 

Program as a Means of Control and Reduction of Nitrogen 

Oxides from Electric Generating Units. This rule contains 

ozone season NOx reduction requirements which apply to 

electric generating units which have an electric generating 

capacity greater than 250 megawatts. 

The Division of Air Quality has proposed to 

repeal 45CSR26 due to the anticipated implementation of 

programs under the Clean Air Interstate Rule. However, the 

Division acknowledges the recent federal court decision 

which vacated the Clean Air Interstate Rule. The 

ramifications of this court decision are significant, and 

may affect the Division's plan to repeal this rule. 
Proceedings 4 

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 the Proposed Repeal of 45CSR26 is 

concluded. 

(WHEREUPON, the public hearing was concluded.) 
5 

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. 

Certified Court Reporter 
From:CHARLESTON NEWSPAPER ACCT 304 348 1239 07/09/2(09 14:23 #283 P.002/005

Charleston Newspapers

. P.O. BOX 2993

Charl~eton, WV 25330

~illing 348-4818

Cl~eeieie~ 348-4848

l-SOO-WVA-Nl!iWS

BILL TO:

WV DEP PUBLIC INFORMATION

LALENA PRICE/PUB INFORMATION

601 57TH STREET

CHARLESTON WV 25304 USA

Ple~ee ~etv~n thie portion with your p~ym~nt.

M~k~ chl!!lck!!p~y8.ble to: Charleston NewIOpaperli

AblOUN'I PAID'

518259001

07/0.9/08 M

078102102

.:nNOI~illl"'TI! .. ' 07 I 0 9 / 0a

.. .\~OQtl!!i'.imR: 07 91021 02

: ~~~ ..:;ttj:ID: , 0 0 93

.rllV6tci!l.~.:; 519259001

L4g11.1 priC'ing i!il b~t;.d.upon 1153 word,g pltr coll,lmn inch_

taoh eueeee ive inlSettioIt i~ dil!lOOuntied by 2!t of the firl5t inll~rtion daee .

'I'IlQ D••~.y M~il r"to i. ;.ll por wor'l, tho Ch.rlo.ton (;~•••tt••~~ea s.a ;.14 p~"

word .• nd tht:: xecrc ~tnam rate 111 1-1.3 per word.

0348417 1X2025

20.25 8.19 165.85 165.85

1X2025

20.25 8.82 178.61 179.S1

344.46

07/08 LEG DM Public Notice 2009 P

518259001 Kathy Cosc

07/08 LEG GZ Public Notice 2009 P

518259002 Kathy COSc

TOTAL INVOICE AMOUNT

I. -- -----------------------------------ot

THE CHARLESTON GAZETTE,

THE DAILY MAIL,

do !IIolc:mnly evear- that the: lei~l notice of I

Public Notice 2009 propo

"';>,8 <.1OJp.lyOJ.~li.I\••<l in ~.i<.1n"w.p.pOnQ) ~t tll' Qt.t,r.1 prio;. ~or th, l;npeo;tiv* n,wQP•.pn(~) •.n¢ r.1~~n9" the <;\~t." i-~~t.<;\Q").Q""

07/08/08-07/08/08

8ub!ilcrib~d and sworn to before me: this: day of _

I

Notary Public ot Xanawha County. W•••t Virgini"
From:CHARLESTON NEWSPAPER ACCT

Public Notice

2DD~Propo,ed Rules.

'rne West Viroil'lio Dec.artrnent Of Envir-onrnento I Protection hcs scheduled public hearings for

Its ~009 r>ror>o~ed le91$11;I>

tlv~ rules. All hearln;s

will TaKe eteee a' the

DEW's cne rlts!on head-

~\Jorters. 601 57th straet

S.E./ Charleston. WV

25304. Oral and written

comment. will be limited

to thl;! proposed revl$lo~S

ond will ee macte a !>art of

the rUlemaKing record.

COl>ies of the rules are

available from the Secreta ry of State's office or

from the OI':P at Yi..!Ii.!ti....

wydep orgl2009rules, You

mev eue obtai n

harctco!>ies of the informorten by cCiliing the "hOne

nurnbers listed below.

Written comments may

be submitted to the Public:

In1ormatlon OffiCI;! ot the

~g:eo~~tg:se~~:m~g~f~

~mw,=nt2j@~veg QbS!.

.earlnoo t lOCO"

tions Md comment d"adllnas are as follows:

SecretorY'S Office

/jOCSRJ - voll.lntarY Remediation Cind Redevelo,,·

ment Rult

The public Moring will

taKe place at 6 p.m. on Au-

~U5t 4'r200a In the Coopers

c.,o~~e~~I~~r~o~o~'i'li ~ga

or the conclusion of the

hearln~.

For more information

ca II 304·926-004S5.

DiviSion of Air Quality

4SCSRI - Control & Re-

<:I1.I~tlonof N ItrQllen Oxlrjes

from Non·Electric ceneroting Units os 0 Means to

Mitigate Tronseort of

Ozone Prscursc rs

4SCSRS - Ambient AIr

Quality Standards

4SCS~13" "'ermlt~ for

construetlen. Modifica·

nen. RelocatiOn and ceerenen of StatiOnary

Scurces".(minor source

parmlts)

45CSFll4 - PermIts for

ConstructIon end Molor

Moqlfleotlon Of MOlor Stationary sources of Air POI·

lution for the Prevention

of Significant DIlt8rloralion

4SCSR16 - Standards 01

Per1orman~e to'- New srcrtenorv Sources

45CSR25 • Control Of Air

Pollution from Ha%ardous

~(:n~II;~oat~"anci(1 ;n~~age

4SCSR~6 - NOx Budget

Trading F'rogrom 0' c

Means OTcentre: and ReductiOn of NitrOgen Oxides

from t:i:lectric Genftrating

Units .

45CSI<t34 - I':ml sslon

Stondard~ for Hozordou~

Air "'olluTt;lnt$

4SCSR37· Mereu rv eUd$·

tt TrMing Prograrn to

Rl!lduce Mercury Emissions

304 348 1239 07/09/2 09 14:24 #283 P.003/005
From:CHARLESTON NEWSPAPER ACCT

TI'Itt I>ul:lli(; ht(lril'l9 for

~~kedi~l~eal~r :u~~;,.w~~

~~gk~~(ll~n~h~o~~~¥h;

comment period will end

at the conclusion of th*

Moring. UJ'IOn autMri~otion and promulgation of

revision. to 45CS~8,

~CS~13 and 45CS~14, the

DAQ will subrntt the '1,IIe$

to the V.S. cnvTronmentol

ProtectiOn Agency (cPA)

es reVi£iM~ to tM State

~~!~r~er~~tJ~~e~~~ ~ r..';J~

Air Act (CAA). F:!ul",~

4SCSFi.l(j, 4.SCSR25 one;!

45C$~~4 will 01$0 be $1,11:1.

mined to cPA to fulfill

otl'ler federol ol:lllgations

~~r::(l:I~~s~A~I~~~ludJg~

~~~1~ a~CoS~~~· ~~I~d

4.SC$I'<~7 ore proposed to

be repealed.

For more information on

any of the DAQ rules call

304-926-0475.

DlvlslDn of Mining and

R.eclam!ltlon

JSCSR2 • WV Surface

Mining Reclamation Rule

The I>ul:llic heoring will

taKe iliaCI!! at 6 p.m. on August 12, 200S In the Coopers Rock Training Fi.aonl.

~~J~~"f~e~~~I~CI~nw~i

the heertns,

47CSR30 • WVlNPDes

Rults for Cool Minino =ecHities

The pul:JlIC Maring will

tcks pl[]ce ot 6:30 p.rn. on

August 12.. 20Q8 In the

Cooper~. Kock Trolnln;

Room. The com..,en! eertOd will end at the conctusion of tht hearing.

For more intcrrncnon an

~Cl.09~~~1!I9~MR rules coil

Dlvl~lon of Water (inti

weste Mcma!Jement

3lCSR20 " Hc:.ardou!;

~~t& ManaQ@I'nl!lnt SysThe publlc hearing will

toke place at 7 p.m. on Au·

1I1J~t 1~, 2Q05 Inthe ceeeers ROeK Traininl! Room.

The comment ~riod will

end at th& concluston of

the hearl nil.

33CS~ 2A - Hoznrdous

W¥f,~e~'h~rc9t~:~~;~ill

take place at 7 ;30 e.m, on

AU;UST n 2008 in the

Cool>ers RDcK Tralnlnll

Room. The comment period will end at the ccncluston oHhe hearlns.

47C$R~~ • Re~ulation$

Governini/ c:nvi rcnmentc I

L.oboratories CertificotlDn

(ind Standards of ~erformcmce

The publlc hearing will

toke place at 0 p.m, on Au·

lIust 14, 2006 in the ceeetrs RocK Training Room.

TM comment pl!!riDd will

end at the concluslon of

the hecrlns.

$$C$Fi.22 - A~",~~",ment o~

Civtf Clnd AClmlnist!'clfive

Penalties (Hozardous and

SolidWoslft)

304 348 1239 07/09/2 09 14:24 #283 P.004/005
From:CHARLESTON NEWSPAPER ACCT

Tnt ~ubli~ heCiring will

tClKeplllCe <it 6:30 p.rn, on

August 14 2008 In the

Cooper. RQ<;k Trl;llnln\l

Room. The comment Perl·

QQ will el1(1 at tI'le cenetusion Of me I1taring.

47CS R56 • A~~es~ment Of

Civil ~nd Administrative

Penalties (Groundwater)

The publlc hel;lrlng wlil

take ploce ct 7 o.m, on Av·

IlV<JT14, ~006 in the COOl)-

ers Rock Training Room.

Tilt eemment ""riod will

end at tho!! conclusion of

the hearing.

47CSR34 - Dam Safely

The public heorlnll will

toke ploce ct 7:~O e.m. on

Au;vsT 14, 200e in Tht

COOPtrS RocK Tr~ining

Room. Thft comment perrod will end at the conclusl~~c"l~~e_he~~~~~;menrs .

Governlnll Woter ~liolltY

Stemc!arcJs

TM publiC I1taring will

TaKt "Iact at 6 e.m, on Au"

guM 1a, 2009 In the CooPers Rock Training Room.

The comment perIod will

end at th", concluslcn of

the necrtns.

47C$~ ~1 • STaTewerer

Pollution Control Rtvolv·

inlJfeu~~~rgg~~lng will

toK••place at 7 p.m. on Auguat 1B, 2009 In the Coopfh" ~~~.J:.\'in~~to~o~'fll

end ot the conclusion of

The l'IeariM.

For mort information on

any of tho!! Welter And

W~Me MaliOQl!lm~nt Rules

mil 304-926-0495.

(S484l1)

304 348 1239 07/09/2109 14:24 #283 P.005/005
west virginia department of environmental protection SIGN-IN SHEET 

Public Hearing on the Division of Air Quality Rules: 

45CSRl,45CSR8,45CSR13,45CSR14,45CSR16,45CSR25,45CSR26,45CSR34 and 45CSR37 

August 11,2008, 6:00 p.m. 

---- p-pppp~pppppppp~ppp~~~ 

Promoting a healthy environment. 

Name (please print) 

2 Dobe JcL,L15sq 

/' 

\. / ~m 

Address 

Rcr 174, 

k7 57'7,';t~- 

Organization 

LL ,_,- amc , / 

,u ,!/ -pp( 

hl/l -m-@ 

E-mail 

c\ ~ym-ib,L\b bL 

1 

/.kwh, t&5t L a-lva, 

Phone 

3q7-k352 

Comment 

YiN 

F-~Q 

QO(./ .'