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. Background

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 (PM2.5)” (NSR PM2.5 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 August 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 PM2.5 National Ambient Air Quality 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 11, 2012 in support of 

the proposed action are included in the docket. The July 11, 2012 TSD done in support of EPA’s 

proposed rulemaking action contains detailed discussions of the West Virginia SIP submissions, 
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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 August 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 11, 2012 TSD. 

II. Public Comments and EPA’s Responses Pursuant to its July 31, 2012 Notice of 

Proposed Rulemaking (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 PM2.5. 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: In 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, EPA 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 PM2.5 and ozone NAAQS, the 2006 PM2.5 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.