UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

1650 Arch Street Philadelphia, Pennsylvania 19103

- 2029

SUBJECT: Technical Support Document (TSD) in Support

of EPA’s Final Action to Grant Approval: Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Prevention of Significant Deterioration

FROM: Mike Gordon /s/ 9/26/12

Office of Permits and Air Toxics

Air Protection Division

TO: Kathleen Cox, Associate Director /s/ 9/26/12

Office of Permits and Air Toxics

Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Permits for Construction and Major Modification of Major Stationary

Sources of Air Pollution for the Prevention of Significant Deterioration

I. B ackground

On July 31, 2012 ( 77 FR 45302), EPA proposed approval of amendments to the Prevention of Significant Deterioration ( PSD ) permitting regulations under West Virginia State Rule 45CSR14, Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration, submitted by the WVDEP as a SIP revision on August 31, 2011. The SIP revision submitted by West Virginia generally pertains to two Federal rulemaking actions . The first is the “Implementation of the New Source Review (NSR) Program for Particulate Matter less than 2.5 Micrometers (PM 2.5 )” (NSR PM 2.5 Rule ), which was promulgated on May 16, 2008 (73 FR 28321). The second is the “Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule” (Tailoring Rule), which was promulgated on June 3, 2010 (75 FR 31514). In addition to the Augus t 31, 2011 SIP submission, EPA also proposed to approve those portions of previous SIP submissions from

WVDEP which address the PSD

- related requirements set forth in Clean Air Act ( CAA ) section 110(a)(2) for the 1997 and 2006 PM 2.5 National Ambient Air Qua lity Standards ( NAAQS ) , the 1997 ozone NAAQS

, and the 2008 ozone and lead NAAQS. These portions of previous SIP submissions from West Virginia to meet the obligation that the West Virginia SIP satisfy the

PSD

- related provisions found in CAA section 110(a) (2) are referred to as infrastructure SIP submissions. All of these State submittals, as well as the TSD dated July 1 1 , 2012 in support of the proposed action are included in the docket. The July 1 1 , 2012 TSD done in support of EPA’s proposed rulemaking action contain s detailed discussions of the West Virginia SIP submissions,2

their relationship to the CAA and the Federal regulatory PSD SIP requirements of 40 CFR part 51.166 applicable as of the time of the Aug ust 31, 2011 submittal as well as the PSD

- related infrastructure requirements in CAA section 110(a)(2), and therefore those discussions will not be

restated here. Interested parties should continue refer to the July 1 1

, 2012 TSD.

II. Public Comments an d EPA’s Responses Pursuant to its July 31, 2012 N otice of

P roposed R ulemaking ( 77 FR 45302)

EPA received several public comments. A summary of the public comments and EPA’s responses may be found in Section II, entitled Public Comments and EPA’s Responses of the

final rule on these PSD

- related West Virginia SIP revisions. One comment stated that EPA cannot approve the infrastructure SIPs because West Virginia’s SIP does not clearly regulate

condensable direct PM 2.5

. In light of this comment, EPA is reviewing West Virginia State Rule 45CSR14 to determine the extent to which its definition of “regulated NSR pollutant” satisfies the corresponding Federal definition, and will address this issue in a separate action.

Final Actions: I n Section III of the final rulemaking notice entitled, Final Actions

, EPA is granting full approval of revisions to the West Virginia State SIP

, with the exception of the narrow issue of the requirement to include condensable emissions of particulate matter in the definition of “regulated NSR pollutant” in the State’s PSD program. EPA will address this issue in a separate action. In addition, EP A is granting approval of the PSD portions of other related infrastructure submissions required by the CAA which are necessary to implement, maintain, and

enforce the 1997 PM 2.5 and ozone NAAQS, the 2006 PM 2.5 NAAQS, and the 2008 lead and ozone NAAQS, with the exception of the narrow issue of the requirement to include condensable emissions of particulate matter in the definition of “regulated NSR pollutant.” EPA will also address this issue in a separate action.