SUBJECT: 

FROM: 

TO: 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION Ill 

1650 Arch Street 

Philadelphia, Pennsylvania 19103-2029 

Technical Support Document; 

Commonwealth of WV Division of Air Quality; 

Prevention of Significant Deterioration (PSD) 

SIP Revision Request 

Paul Wentworth 

Office of Permits and State Programs 

Air Protection Division 

David Campbell, Director ~ \~( Office of Permits and State Progr ~ l'L\ ' ', Air Protection Division 

U.S. Environmental Protection Agency- Region Ill 

Approval and Promulgation of Air Quality Implementation Plans; 

West Virginia (WV); Permits for Construction and Major Modification of Major Stationary 

Sources for the Prevention of Significant Deterioration {PSD) 

I. Summary of SIP Revision 

The WVDEP submitted a SIP revision to EPA on June 3, 2015 (the June 2015 submission). This 

SIP revision request, if approved, would revise West Virginia's currently-approved PSD program 

by amending Series 14 under Title 45 of WV Code of State Rules (45CSR14). WV is amending 

45CSR14 in response to a deficiency in WW's PSD program. Specifically, the June 2015 

submission involves revisions to PSD regulation at 45CSR14-16.7.c which incorporates an SMC 

value of zero micrograms per cubic meter for PM2.s, as will be discussed in detail in the 

following sections 

II. Background 

A. WV PSD Program SIP Revision Submission History 

Leading up to this submission on June 3, 2015 (June 2015 submission), there have been (3) 

related SIP revision requests submitted to EPA, containing changes in WV's PSD program. 

These changes in general were driven by Federal rulemaking activity surrounding the 

implementation of the Federal rule implementing the 1997 PM2.s National Ambient Air Quality 

Standard (NAAQS), including changes to the New Source Review (NSR) program (this rule was 

promulgated on May 16, 2008 and is referred to as the 2008 NSR PM2.s Rule). See 73 FR 28321. 
Appendix A: WV PSD SIP Revision Submission History is presented in an effort to assist in 

providing background for this rulemaking. Some of these changes were a_s a result of litigation 

resulting in court decisions which changed certain aspects of the 2008 PMz.s Rule subsequent to 

its promulgation. These changes to the 2008 PMz.s Rule discussed in detail in the section titled: 

"Background of The Implementation of the 2008 PMz.s Rule." 

1. The August 31, 2011 Submission 

The first of the (3) PSD SIP revisions was submitted to EPA on August 31, 2011, by the State of 

WV through the WV Department of Environmental Protection (WVDEP). The August 2011 SIP 

submission contained changes to WV's PSD program in order to address PMz.s emissions as a 

result ofthe EPA promulgating 2008 NSR PMz.s. Rule. On July 31, 2012 (77 FR 45302), EPA 

proposed full approval of WV's August 2011 SIP submission. I~ this same action, EPA proposed 

that West Virginia met its statutory obligations with respect to the PSD portions of 

infrastructure SIPs for the following NAAQS: 1997 PMz.s, 1997 ozone, and 2006 PMz.s. 

Infrastructure SIPs are required by the CAA whenever new or revised NAAQS are promulgated, 

in order to show that the state has the ability to implement, maintain, and enforce the NAAQS. 

A detailed explanation regarding infrastructure submissions is found at Section II.C: 

"Explanation of Infrastructure Requirements." 

During the public comment period, EPA received adverse comment on WV State Rule 45CSR14 

that WV's PSD regulations did not properly account for condensable emissions of PM. 1 As a 

result, on October 17, 2012 in a final rule (77 FR 63736), EPA granted full approval of WV's 

August 2011 SIP submission, but excluded the issue of the requirement to include condensables 

in the definition of "regulated NSR pollutant." 2 In addition, EPA also granted full approval, with 

the exception of the narrow issue regarding the inclusion of condensables in the definition of 

"regulated NSR pollutant," of the PSD portions of infrastructure SIPs that had been submitted 

but not yet acted upon at that time. This action impacted the infrastructure SIPs for the 1997 

PMz.s and ozone NAAQS, the 2006 PMz.s NAAQS, and the 2008 lead and ozone NAAQS. 

On May 9, 2013, EPA disapproved a narrow portion of the August 2011 submission for PMz.s 

and PM emissions less than or equal to ten micrometers in diameter (PM10). 3 In that same 

rulemaking EPA disapproved specific portions of WV's infrastructure SIP submissions for the 

1997 PMz.s and ozone NAAQS, the 2006 PMz.s NAAQS, and the 2008 lead and ozone NAAQS 

(collectively, the WV Infrastructure SIP Submissions) which addressed certain obligations 

related to the states' PSD permit program.4 

2. The June 2012 and July 2014 Submissions 

1 The inclusion of condensable emissions of PM is required by the Federal counterpart language in 40 CFR 52.21 

and 51.166 and the NSR PM2.s Rule. 

2 In the October I7, 20I2 fmal rule, EPA stated that West Virginia State Rule 45CSRI4 would be reviewed to 

determine the extent to which condensables were addressed in the August 20 II SIP submission and that this issue 

would be addressed in a separate rulemaking action. See 77 FR 63736. 3 See 78 FR 27062 (May 9, 2013). The limited disapproval of the narrow portion of the August 3I, 20II SIP 

provision (concerning 45CSRI4 section 2.66) is discussed in 78 FR 27062 and in 40 CFR 52.2522(j)(l) specifically. 4 West Virginia submitted SIP revisions to meet the requirements of sections IIO(a)(I) and IIO(a)(2) of the CAA 

(also known as infrastructure requirements) for the I997 PM2,s NAAQS on December Il, 2007 and April 3, 2008; 

the I997 ozone NAAQS on December 3, 2007 and December II, 2007; the 2006 PM2.s NAAQS on October I, 

2009; the 2008 lead NAAQS on October 26, 20 II; and the 2008 ozone NAAQS on February I7, 20 I2. 

2 
The WVDEP submitted two SIP revisions to EPA on June 6, 2012 (the 2012 submittal) and on 

July 1, 2014 (the 2014 submittal). EPA acted on these two submittals -as a whole. A summary of 

all the changes made in each of the submittals has been included as appendix B in this TSD. 

The significant changes to the provisions of 45CSR14 contained in the June 2012 submission 

were the addition of Significant Impact Levels (Sils) requirement and values for PM2.s; and the 

addition of 24-hour de minimis air quality impact concentration values for PM2.s (aka SMC 

Values). 

Between the June 2012 submission and the July 2014 submission, the D.C. Circuit vacated parts 

of the PSD lncrements-Sils-SMC Rule establishing the PM2.s SMC and EPA took final responsive 

action on December 9, 2013 to remove the SIL provisions from the Federal PSD regulations in 

40 CFR 52.21 and to revise the SMC for PMz.s to zero micrograms per cubic meter. A detailed 

discussion on this issue is provided in Section B: 11Background of The Implementation of the 

2008 PMz.s Rule." 

The July 1, 2014 submission addressed the May 9, 2013 disapproval by incorporating 

condensable emissions of PM (condensables) within the definition of "regulated new source 

review (NSR) pollutant" (at 45CSR14 section 2.66} for PM2.s and PM emissions less than or equal 

to ten micrometers in diameter (PMw). The July 2014 submission also attempted to address 

the changes to the Slls-SMC Rule by deleting the 24-hour de minimis air quality impact 

concentration value for PMz.s (aka SMC for PMz.s) instead of changing the SMC for PMz.s to a 

value of zero. 

This meant that the submission did not meet the requirements spelled out in EPA's December 

9, 2013 Federal rulemaking (which revised the existing concentration for the PM2.s SMC to zero 

micrograms per cubic meter). To avoid a disapproval of the entire 2012/2014 submission 

package, WV in a January 20, 2015 letter to the EPA committed to submit an additional SIP 

revision with a revised PSD regulation at 45CSR14-16.7.c which incorporates an SMC value of 

zero micrograms per cubic meter for PM2.s to address this discrepancy, allowing EPA to 

conditionally approve the 2012/2014 submittal package by WV. The approval of the 2012/2014 

submission package was conditional upon WV submitting this SIP revision no later than one 

year following the final rulemaking notice effective date of July 27, 2015 for conditional 

approval of the 2014/2012 submittal package (80 FR36483}. Based on EPA's analysis discussed 

below, EPA has found that the 2015 submittal fulfills the commitment made in WV's January 

20, 2015 commitment letter. 

B. Background of the Implementation of the 2008 PMz.s Rule 

On May 16, 2008, EPA promulgated a rule to implement the 1997 PM2.s NAAQS, including 

changes to the NSR program (the 2008 NSR PM2.s Rule). See 73 FR 28321. The 2008 NSR PM2.s 

Rule revised the NSR program requirements to establish the framework for implementing 

preconstruction permit review for the PM2.s NAAQS in both attainment and nonattainment 

areas.5 The 2008 NSR PM2.5 rule: 1) required NSR permits to address directly emitted PM2.s and 

precursor pollutants; 2) established significant emission rates for direct PMz.s and precursor 

5 The PSD permitting program is the NSR permit program in areas attaining a particular NAAQS. 

3 
pollutants (including sulfur dioxide (S02) and oxides of nitrogen (NOx)); 3) established PM2.s 

emission offsets; and 4) required states to account for gases that condense to form particles 

(condensables) in PM2.s emission limits.

6 

The 2008 NSR PM2.s Rule (as well as the more general PM2.s NAAQS implementation rule, the 

2007 "Final Clean Air Fine Particle Implementation Rule" (2007 PM2.s Implementation Rulef), 

was the subject of litigation before the United States Court of Appeals for the District of 

Columbia Circuit (D.C. Circuit) in Natural Resources Defense Council v. EPA (hereafter, NRDC v. 

EPA). 8 On January 4, 2013, the D.C. Circuit remanded to EPA both the 2007 PM2.s 

Implementation Rule and the 2008 NSR PM2.s Rule. The court found t~at in both rules EPA 

erred in implementing the 1997 PM2.s NAAQS solely pursuant to the general implementation 

provisions of subpart 1 of part D of title I of the CAA (subpart 1), rather than pursuant to the 

additional implementation provisions specific to particulate matter in subpart 4 of part D of 

title I (subpart 4). 9 EPA did not consider the portions ofthe 2008 NSR PM2.s Rule that address 

requirements for PM2.s attainment and unclassifiable areas to be affected by the NRDC v. EPA 

opinion, because the requirements of Subpart 4 only pertain to nonattainment areas. 

The CAA's PSD provisions also establish maximum allowable increases over baseline 

concentrations - also known as "increments" - for certain pollutants. In the 2008 PM2.s Rule, 

EPA had the task of promulgating regulations to prevent the significant deterioration of air 

quality that would result from the emissions of pollutants EPA began regulating after Congress 

enacted the PSD provisions in the CAA. The PSD provisions establish preconstruction review 

and permitting of new or modified sources of air pollution. In 2007, EPA proposed a rule 

establishing increments for PM2.s and also proposed two screening tools that would exempt 

permit applicants from some air quality analysis and monitoring required for PSD: significant 

impact levels (Sils) and significant monitoring concentration (SMC). See 72 FR 54112 

(September 21, 2007). In our October 20, 2010 final rule (the PM2.s PSD lncrements-Sils-SMC 

Rule), EPA set values for both Slls and SMC for PM2.s. See 75 FR 64864. 

The Sierra Club challenged EPA's authority to implement PM2.sSILs and SMC for PSD purposes 

as promulgated in the PM2.s PSD lncrements-Sils-SMC Rule. See Sierra Club v. EPA, 705 F.3d 

458 (D.C. Cir. 2013). On January 22, 2013, the D.C. Circuit granted a request from EPA to vacate 

and remand to the Agency the portions of the PM2.s PSD lncrements-Sils-SMC Rule addressing 

the Slls for PM2.s (found in paragraph (k)(2) in 40 CFR 51.166 and 52.21), except for the parts 

codifying the PM2.s Slls at 40 CFR 51.165(b)(2), so that the EPA could voluntarily correct an 

error in the provisions. I d. at 463-66. The D.C. Circuit also vacated parts of the PSD lncrementsSils-SMC Rule establishing the PM2.s SMC, finding that the Agency had exceeded its statutory 

authority with respect to these provisions. Jd. at 469. 

6 On October 25, 2012, EPA took final action to amend the defmition of "regulated NSR pollutant" promulgated in 

the 2008 NSR PM2.5 Rule regarding the particulate matter (PM) condensable provision at 40 CFR 51.166(b)(49)(vi) 

and 52.21(b)(50)(i). See 77 FR 65107. The rulemaking removed the inadvertent requirement in the 2008 NSR 

PM2•5 Rule that the measurement of condensable "particulate matter emissions" be included as part of the 

measurement and regulation of "particulate matter emissions." 7 72 FR 20586 (April 25, 2007). 8 706 F.3d 428 (D.C. Cir. 20 13). 9 The court's opinion did not specifically address the point that implementation under subpart 4 requirements would 

still require consideration of subpart 1 requirements, to the extent that subpart 4 did not override subpart 1. EPA 

assumes that the court presumed that EPA would address this issue of potential overlap between subpart 1 and 

subpart 4 requirements in subsequent actions. 

4 
In response to the D.C. Circuit's decision, EPA took final action on December 9, 2013 to remove 

the SIL provisions from the Federal PSD regulations in 40 CFR 52.21 and to revise the SMC for 

PM2.s to zero micrograms per cubic meter. See 78 FR 73698. Because the D.C. Circuit vacated 

the SMC provisions in 40 CFR 51.166(i)(S)(i)(c) and 52.21(i)(S)(i)(c), EPA revised the existing 

concentration for the PM2.s SMC listed in sections 51.166(i)(S)(i)(c) and 52.21(i){S)(i)(c) to zero 

micrograms per cubic meter. EPA did not entirely remove PM2.s as a listed pollutant in the SMC 

provisions because to do so might lead to the issuance of permits that contradict the holding of 

the D.C. Circuit as to the statutory monitoring requirements. /d. (providing EPA's explanation 

for including the zero micrograms per cubic meter SMC). 

C. Explanation of Infrastructure Requirements 

Whenever a new or revised NAAQS is promulgated, section llO(a) of the CAA imposes 

obligations upon states to submit SIP revisions that provide for the implementation, 

maintenance, and enforcement of the new or revised NAAQS within three years following the 

promulgation of such NAAQS. These plans are required in order to address basic program 

elements including, but not limited to, regulatory structure, monitoring, modeling, legal 

authority, and adequate resources necessary to assure attainment and maintenance of the 

standards. These elements are referred to as infrastructure requirements. In particular, the 

infrastructure requirements of section 110(a){2)(D)(i)(ll), also known as prong 3, require that a 

state must have provisions prohibiting emissions that would interfere with measures required 

to be in any other air agency's SIP under part C of the CAA to prevent significant deterioration 

of air quality.10 Because part C requires an air agency's PSD permitting program to address all 

pollutants subject to regulation under the CAA, EPA construes this to mean that an 

infrastructure SIP submission should have provisions to prevent emissions of any regulated 

pollutant, not just the specific pollutant being addressed in that particular SIP submission, from 

interfering with any other air agency's comprehensive PSD permitting program. 

With its narrow disapproval of West Virginia's PSD program in the May 9, 2013 action, the EPA 

also determined that it could not fully approve the PSD portions of the five infrastructure SIPs it 

had received in the time period between West Virginia's August 31, 2011 PSD submittal and 

EPA's October 17, 2012 action (to approve the state's PSD program with the narrow issue 

regarding the inclusion of condensables in the definition of "regulated NSR pollutant"). 

Therefore, in its May 9, 2013 action EPA granted full approval, with exception of the narrow 

issue regarding the inclusion of condensable in the definition of "regulated NSR pollutant,' of 

the PSD portions of the infrastructure SIPs for the following NAAQS: 1997 PM2.s, 1997 ozone, 

2006 PM2.s, 2008 lead, and 2008 ozone. 

Infrastructure SIPs for the 2010 nitrogen dioxide NAAQS and the 2010 sulfur dioxide NAAQS 

were submitted to EPA by West Virginia after EPA had taken the May 9, 2013 action. For these 

submittals, while EPA approved portions of the infrastructure SIP, the Agency refrained from 

taking action on portions ofthe SIP that related to West Virginia's PSD program. 

In the proposed rulemaking for which this TSD supports, EPA proposes to approve the following 

10 While section 110(a)(2)(D)(i)(Il) of the CAA contains the bulk of the PSD-related requirements under section 

110(a)(2), sections 110(a)(2)(C) and 110(a)(2)(J) also outline PSD-related requirements. 

5 
PSD-related infrastructure elements for the following NAAQS. 

NAAQS PSD-related infrastructure element(s) proposed to be approved in 

this action 

1997 PM2.5 110{a)(2)(D )(i)(ll) 

1997 ozone 110( a )(2)(D )(i )(II) 

2006 PM2.5 110(a)(2)(D )(i)(ll) 

20081ead 110(a)(2)(D)(i)(ll), (C), and (J) 

2008 ozone 110(a)(2)(D)(i)(ll), (C), and (J) 

2010 nitrogen dioxide 110(a)(2)(D)(i)(ll), (C), and (J) 

2010 sulfur dioxide 110(a)(2)(D)(i)(ll), (C), and (J) 

Ill. EPA Analysis 

EPA finds the revisions to WV's PSD regulations at 45CSR14 contained in the June 2015 

submittal combined with the 2012 and the 2014 submissions fulfill all the requirements of the 

latest revision of 2008 NSR PM2.s Rule (at 40 CFR 51.166) because they now contain provisions 

that: 1) require NSR permits to address directly emitted PM2.s and precursor pollutants; 2) 

establish significant emission rates for direct PM2.s and precursor pollutants (S02 and NOx); 3} 

require states to account for gases that condense to form particles (condensables) in PM2.s 

emission limits; and, 4) address certain PSD program requirements discussed below. 

The June 2015 submittal fully addresses the D.C. Circuit's Sierra Club v. EPA decision and EPA's 

final December 9, 2013 rulemaking (78 FR 73698} (responding to the D.C. Circuit's vacature of 

the SMC provisions in 40 CFR Parts 51 and 52 for PM2.s) by revising WV's PSD provision at 

45CSR14-16.7.c to include an SMC value of zero micrograms per cubic meter for PM2.s. Because 

this submission fulfills the commitment made by WV in the final rule for EPA's conditional 

approval of the 2012 and 2014 submission package by WV (80FR36483)(June 25, 2015), EPA is 

able to fully approve the 2012 and 2014 submission package and the 2015 SIP submission 

packages which means that WV's PSD regulation, 45CSR14, fully meets the federal 

requirements for PSD programs as set forth in the 2008 NSR PM2.s Rule, the D.C. Circuit's 

decision on Slls and SMC in Sierra Club v. EPA, and in EPA's December 9, 2013 rulemaking 

addressing that decision for Slls and SMC. 

Furthermore, based on the amendments to WV's PSD Program contained in the June 2015 

submission combined with the 2012 and the 2014 submissions, EPA believes that WV's PSD 

program now contains adequate provisions to meet the requirements of section 

110(a)(2)(D)(i)(ll) for the 1997 ozone NAAQS, 1997 PM2.s NAAQS, and 2006 PM2.s NAAQS, as 

well as sections 110(a)(2)(C), (D)(i)(ll), and (J) for the 2008 ozone NAAQS, the 2008 lead NAAQS, 

the 2010 nitrogen dioxide (N02) NAAQS, and the 2010 S02 NAAQS. 

Based upon the above analysis, WV's PSD program (inclusive of the PSD SIP Revision) is 

consistent with EPA's promulgated PSD regulations. WV's PSD program meets the applicable 

requirements of Part C of Title I of the CAA. This program regulates the construction and major 

modifications of major stationary sources as necessary to assure that NAAQS are achieved in 

areas designated as attainment for a particular pollutant. 

6 
IV. Proposed Action 

EPA is proposing to approve WV's June 3, 2015 SIP submittal containing revised PSD permit 

program implementation regulations at 45CSR14. In a previous action, EPA evaluated many 

aspects of 45CSR14 and found that they are consistent with the federal PSD permit program 

requirements at 40 CFR 51.166. See 80 FR 36483. With the June 3, 2015 SIP submittal, WV 

provided a revised version of 45CSR14 that contains an amendment to specifically revise the 

SMC for PM2.s to be consistent with the federal PSD provisions for SMC for PM2.s. EPA is also 

proposing to determine that WV has met its PSD obligations pursuant to infrastructure 

elements under section 110(a)(2) of the CAA for the 1997 ozone and PM2.s NAAQS, the 2006 

PM2.s NAAQS, the 2008 lead and ozone NAAQS, and the 2010 N02 and S02 NAAQS. EPA is 

soliciting public comments on the issues discussed in this document. 

7 
APPENDIX A 

PSD SIP Revision Submission History 

Submission Docket Reason for submission Action: Comments 

Date Number Action Date 

August 31, EPA-R03- To amend WV's Proposed EPA received adverse comment on WV 

2011 OAR- Implementation of the Full State Rule 45CSR14 that WV's PSD 

2012- Federal New Source Review Approval: regulations did not properly account for 

0388- (NSR) Program (at 45CSR14) July 31, condensable emissions of PM. 

0001 for Particulate Matter less 2012 (77 FR 

than 2.5 Micrometers 45302) 

(PM2.5)" (NSR PM2.5 Rule), 

which was promulgated on 

May 16, 2008 {73 FR 

28321). 

8 
August 31, Final Rule: l.The approval excluded the narrow issue 

2011 full Approval of the requirement to include 

October 17, condensables in the definition of 

2012 (77 FR "regulated NSR pollutant" in the State's 

63736) PSD program for PM 2.s and PM 10. 

2.1n conjunction with this final rule EPA 

also approved PSD-related provisions 

found in CAA section 110(a)(2) for the 

1997 and 2006 PM2.s NAAQS, the 1997 

ozone NAAQS, and the 2008 ozone and 

lead NAAQS. 

August 31, EPA-R03- (Refer to Above) Disapproval: 1. EPA determined that the omission of 

2011 OAR- June 10, condensables from the definition of 

2013- 2013 "regulated pollutant" in the state's 

0113- (FR NO. regulation at 45CSR14 is cause for 

0002 2013-10935) disapproval of that narrow portion of the 

SIP submittal and the related 

infrastructure submissions for the 1997 

and 2006 PM2.s NAAQS, the 1997 ozone 

NAAQS, and the 2008 ozone and lead 

NAAQS. 

2. This disapproval triggered the 

requirement under CAA section 110(c) 

that EPA promulgate a federal 

implementation plan (FIP) no later than 

June 15, 2015 unles.s the State corrects 

the deficiency, and the Administrator 

approves the plan or plan revision before 

the Administrator promulgates the FIP. 

June 6, EPA-R03- See Changes detailed.in Conditional 1. The 2014 submittal addressed and 

2012 OAR- Table 2 approval: corrected the deficiency identified in the 

2015- July 27, May 9, 2013 disapproval (78 FR 27062) 

July 1, 0028- See changes detailed in 2015 (above) by adding language to the 

2014 0040 Table 2 (FR NO provision at 45CSR14 section 2.66.a.1 

2015-15530) which now includes PM condensable 

emissions in the definition of "regulated 

NSR pollutant" 

2. WVDEP's 2014 submittal appropriately 

removed Slls for PM2.s consistent with 

the D.C. Circuit's Sierra Club v. EPA 

decision and EPA's Federal final 

December 9, 2013 rulemaking (78 FR 

73698). 

3. WV's submittal did not include an SMC 

value of zero micrograms per cubic meter 

for PM2.s consistent with the D.C. Circuit's 

Sierra Club v. EPA decision and EPA's 

9 
December 9, 2013 rulemaking (78 

FR73698). 

4. January 20, 2015, WV committed by 

letter to submitting a new SIP revision 

with a revised PSD will incorporate a SMC 

value of zero micrograms per cubic meter 

for PM2.s to address this discrepancy. 

Virginia committed to submitting this SIP 

revision no later than July 27, 2016. 

June 3, EPA-R03- The revision submitted by To Be EPA is proposing to approve the 

2015 OAR- WVDEP on June 3, 2015 Determined Submission because it fulfills the 

2015- involves revisions to PSD commitment made by WVDEP made in 

0539 regulation at 45CSR14- the January 20, 2015 letter to EPA. 

16.7.c which incorporates 

an SMC value of zero EPA proposes to change its prior 

micrograms per cubic disapproval of the iSIPs identified above 

meter for PM2.5. to a status of approval. 

EPA also proposes to approve the PSD 

portions of the iSIP submittals for the 

2010 N02 and S02 NAAQS. 

10 
Appendix B 

SUMMARY OF WV PSD PROGRAM SIP SUBMISSION CHANGES 

2012 Submission 

45CSR14 Description of change 

1.1 Summary of the scope of 4SCSR14 added. 

1.3-6 Regulatory text was updated to reflect filing and effective date of this version of 45CSR14 

2.9.a. Changed the definition of Baseline Area. Replaced: "any county of WV" with: "intrastate area (and 

every part thereof) designated as attainment or unclassifiable under §107(d)(1)(A)(ii) or (iii) of the 

CAA". Added table with air quality impact values for 502, NOx, PM10, and PM2.5 

2.9.b.1- b.2 Added new requirements for area redesignations under CAA section 107(d)(1)(A)(ii)or(iii) 

2.42.a.1 Replaced:" particulate matter" with "PM10 

2.42.a.3 Added this subsection which provides the major source baseline date for PM2.5 

2.42.b1 Replaced:" particulate matter" with "PM10 

2.42.b.3 Added this subsection which provides the minor source baseline date for PM2.5 

2.42.c.1 Changed CAA reference from: "CAA Section 107(d)(i)(D)" to "CAA Section 107(d)(1)(A)(ii) or(iii) 

2.43.f & g relocated below Table 1 

2.46.b Removed phrase: "of this section" for clarity 

2.46.e Removed wording regarding use of PM10 emissions to evaluate emissions increase for PM10 

2.46.i Added this subsection regarding determination of creditable increases 

4.1 Added annual and 24-hour Baseline concentration threshold values for PM2.5 for class 1,11,111 areas 

9.1 Added Header entitled: "Required Demonstration" 

9.1.a deleted: "WV"; Added: "in any air quality control region" 

9.2 Deleted language talking about ambient impact of Major sources and major modifications 

9.2 Added Significant Impact Levels (Sils) requirement and values for PM2.5 

13.6 Replaced:" particulate matter" with "PM2.5" 

13.6 Added annual and 24-hour minor source Baseline concentration maximum allowable increases 

threshold values for PM2.5. Corrected PM10 labeling for clarity 

16.7.c Added 24-hour de minimis air quality impact concentration values for PM2.5 (aka SMC Values) 

2014 Submission 

1.3-6 Regulatory text was updated to reflect filing and effective date of this version of 4SCSR14 

2.66.a Deleted wording identifying precursors .. Added words to introduce precursors listed in the 

proceeding table 

2.66.a.1 Added PM condensable emissions to definition of "regulated NSR pollutant" 

2.66.a.2 Added language identifying precursors to NAAQs pollutants to the definition of regulated NSR 

pollutant 

2.66.a.2.A-C Reorders these subdivisions from 2.66.a.1-3 to 2.66.a.2.A-C 

2.66.a.2.D Reorders this subdivision from 2.66.a.4 to 2.66.a.2.D 

2.66.f deleted 

2.80.b.1 Removed provision exempting the combustion of non-fossilized and biodegradable material from 

GHG emissions calculations. 

9.2 Deleted in its entirety 

16.7.c Deleted 24-hour de minimis air quality impact concentration value for PM2.5 (aka SMC for PM2.5) 

16.l.a & b Added provision of exempting requirements of 9.1 for stationary sources based on completeness 

date of permit applications 

11 
12