# WEST VIRGINIA SECRETARY OF STATE NATALIE 

# E. TENNANT ADMINISTRATIVE LAW DIVISION 

# cFILED 6/6/2813 4:34:52 PM

<;ff.CL''' '.'JL'·'**'.'IJ...Il~:·** •. >, ··LCJ....ILlid-<Y \H- ·.],-,TL**FOR~!** 

### 1

--**~OTICE** 

### OFAPrBLIC**HEAR~G** 

### OR**CO~BIE~T** 

### PERIOD**0~** 

### A PROPOSED RrLE (Page 1) Air Quality**AGE~CY** 

### RULE TI"PE Legislatin A:\lE:\D:\IE:\TTO EXISTI:\G RULE Yes TITLE-SERIES 45-14 RULE :\A:\IE Permits for Constr·uction and**~Iajor ~Iodification**  

### of**~Iajor** 

### StationaJ"y Sources for the Prenntion ofSignificant Deterioration ofAir Quality CITE AUTHORITY**~~-5-~** 

### CO:\I:VlE:\TS LI:\IIIED TO OralAnd Written DAIE OF PUBLIC HEARI:\G**~IondaY.** 

### JulY 08. 2013 6:00**P~I ~**  - 

### . ' 

### LOCATIO:\ OF PUBLIC HEARI:\G \Yest Yirginia DepartmentofEm·ironmentalProtection Dolly Sods ConferenceRoom (Room 1125) 601 57th Street, SE Charleston,"'" 25304

DAIE WRIl'IE:\ CO:V!:\·lE:\T PERIOD E:\DS**~IondaY.** 

### JulY 08. 2013 7:00**P~I** • • • • 

### \\-RITTE:\ CO:V!:VlE:\TS**:VL~**

### Y BE**:\t~ILED** 

### TO \Yest Yirginia DepartmentofEm·ironmentalProtection Public Information Office 601 57th Street, SE Charleston,WY 25304

BY CHOOSI:\G 'YES'. I AI'!EST THAT THE PRE\"IOUS STAIE:\IE:\TS ARE TRUE A:\D CORRECT Yes Kristin A Boggs

-- By my signature, I certify that I am the person authm·ized to file legislatin rules, in accordance with West Yirginia Code §29A-3-ll and §39A-3-2. 

# IIII IIIII III 

# I111111 Title-Series: 45-14 Rule Id: 9081 Document: 24873

# WEST VIRGINIA SECRETARY OF STATE NATALIE 

# E. TENNANT ADMINISTRATIVE LAW DIVISION 

# cFILED 6/6/2813 4:34:52 PM

<;ff.CL''' '.'JL'·'**'.'IJ...Il~:·** •. >, ··LCJ....ILlid-<Y \H- ·.],-,TL**FOR~!** 

### l

--**~OTICE** 

### OFA PrBLIC**HEAR~G** 

### OR**CO~BIE~T** 

### PERIOD**0~** 

### A PROPOSED RrLE (Page 2) Air Quality**AGE~CY** 

### RULE TI"PE Legislatin A:\lE:\D:\IE:\TTO EXISTI:\G RULE Yes TITLE-SERIES 45-14 RULE :\A:\IE Permits for Constr·uction and**~Iajor ~Iodification**  

### of**~Iajor** 

### StationaJ"y Sources for the Prenntion ofSignificant Deterioration ofAir Quality CITE AUTHORITY**~~-5-~** 

### PRO\"IDE A BRIEF SU:\1:\l.\RY OF YOUR PROPOSAL This mle establishes a state construction permit pt·ogt·am consistent with the federal Clean Air Acts Title I program and implementing regulations at 40 CFR §51.166, Prenntion of Significant Deterioration ofAir Quality. 45CSR14 is part of the State Implementation Plan and sets forth the criteria and procedures for major stationary sources to obtain a permit to constt·uct, operate and/or modify a major stationary source.



### BY CHOOSI:\G 'YES'. I AI'!EST THATTHE PRE\"IOUS STATDIE:\TS ARE TRUE A:\D CORRECT Yes Kristin A Boggs

-- By my signature, I certify that I am the person authm·ized to file legislatin mles, in accordance with West \"irginia Code §29A-3-ll and §39A-3-2. 

# IIII IIIII III 

# I111111 Title-Series: 45-14 Rule Id: 9081 Document: 24873

# WEST VIRGINIA SECRETARY OF STATE NATALIE 

# E. TENNANT ADMINISTRATIVE LAW DIVISION**FOR~!** 

### 11 --FISCAL**~OTE** 

### FOR PROPOSED RrLES (Page l) Air Quality 

# cFILED 6/6/2813 4:34:52 PM

<;ff.CL''' '.'JL'·'**'.'IJ...Il~:·** •. >, ··LCJ....ILlid-<Y \H- ·.],-,TL**AGE~CY** 

### RULE TI"PE Legislatin**A:\1E~D:\1E~T** 

### TO**EXISTI~G** 

### RULE Yes TITLE-SERIES 45-14 RULE**~A:\·lE** 

### Permits for Constr·uction and**~Iajor ~Iodification**  

### of**~lajor** 

### Stationuy Sources for the Prenntion ofSignificant Deterioration ofAir Quality CITE AUTHORITY**~~-5-~** 

### SU:\1:\t.\RIZE**I~** 

### ACLEAR**A~D CO~CISE** **:\t.\~~ER** 

### \\"HAT 1:\rPACTTHIS :\·lEASURE \\"ILL HA\"E**0~** 

### COSTS**A~D RE\"E~UES**  

### OF STATE**GO\"ER~::VIE~T ~o**  

### impact abon that resulting from currently applicable federal emission standards.

Kristin A Boggs

-- By my signature, I certify that I am the person authm·ized to file legislatin rules, in accordance with West \"irginia Code §29A-3-ll and §39A-3-2. 

# IIII IIIII III 

# I111111 Title-Series: 45-14 Rule Id: 9081 Document: 24873

# WEST VIRGINIA SECRETARY OF STATE NATALIE 

# E. TENNANT 

# cFILED 6/6/2813 4:34:52 PM

<;ff.CL''' 

# ADMINISTRATIVE LAW DIVISION '.'JL'·'**'.'IJ...Il~:·** •. >, ··LCJ....ILlid-<Y \H- ·.],-,TL**FOR~!** 

### 11 --FISCAL**~OTE** 

### FOR PROPOSED RrLES (Page 2) Air Quality**AGE~CY** 

### RULE TI"PE Legislatin**A:\1E~D:\1E~T** 

### TO**EXISTI~G** 

### RULE Yes TITLE-SERIES 

### 45-14 RULE**~A:\·lE** 

### Permits for Constr·uction and**~Iajor ~Iodification**  

### of**~lajor** 

### Stationuy Sources for the Prenntion ofSignificant Deterioration ofAir Quality CITE AUTHORITY**~~-5-~** 

### FISCAL**~OTE** 

### DETAIL-- SHO\\" OVER-ALL EFFECT**I~** 

### liT:\! 

### I**A~D** 1**A~D. I~**  

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### 3. Gl\"E**A~** . .**EXPLA~ATIO~** 

### OF BREAKDO\\;\ BYFISCALYEAR.**I~CLUDI~G LO~G-R.A.~GE**  

### EFFECT Effect OfProposal

ESTL\LUED TOTALCOST**PERSO~AL** 

### SER\"ICES CTRRE:\T EXPE:\"SES REPAIRSA:\"D .-\.L

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Kristin A Boggs

-- By my signature, I certify that I am the person authm·ized to file legislatin rules, in accordance with West \"irginia Code §29A-3-ll and §39A-3-2. 

# IIII IIIII III 

# I111111 Title-Series: 45-14 Rule Id: 9081 Document: 24873 

## e

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# WEST VIRGINIA SECRETARY OF STATE NATALIE 

# E. TENNANT ADMINISTRATIVE LAW DIVISION**FOR~!** 

### 11 --FISCAL**~OTE** 

### FOR PROPOSED RrLES (Page 3) Air Quality 

# cFILED 6/6/2813 4:34:52 PM

<;ff.CL''' '.'JL'·'**'.'IJ...Il~:·** •. >, ··LCJ....ILlid-<Y \H- ·.],-,TL**AGE~CY** 

### RULE TI"PE Legislatin**A:\1E~D:\1E~T** 

### TO**EXISTI~G** 

### RULE Yes TITLE-SERIES 45-14 RULE**~A:\·lE** 

### Permits for Constr·uction and**~Iajor ~Iodification**  

### of**~lajor** 

### Stationuy Sources for the Prenntion ofSignificant Deterioration ofAir Quality CITE AUTHORITY**~~-5-~** 

### 3.**EXPLA~ATIO~** 

### OFABO\"E ESTI:\ti\TES**(l~CLUDI~G LO~G-RA~GE**  

### EFFECT) PLEASE**I~CLUDE A~Y** **!~CREASE** 

### ORDECREASE**I~** 

### FEES**I~** 

### YOUR ESTI::vli\TED TOTAL**RE\"E~UES.** 

### Costs anticipated to be incurred by re,·ision to this rule are included in prior cost estimates prepared for state implementation ofTitle Y ofthe Clean Air Act, as amended, under 45CSR30. Full Title Y program appronlwas issued by the LS. EnYironmental Protection Agency on**~onmbe.-** 

### 19, 2001.

Kristin A Boggs

-- By my signature, I certify that I am the person authm·ized to file legislatin rules, in accordance with West Yirginia Code §29A-3-ll and §39A-3-2. 

# IIII IIIII III 

# I111111 Title-Series: 45-14 Rule Id: 9081 Document: 24873

# WEST VIRGINIA SECRETARY OF STATE NATALIE 

# E. TENNANT ADMINISTRATIVE LAW DIVISION**FOR~!** 

### 11 --FISCAL**~OTE** 

### FOR PROPOSED RrLES (Page 4) Air Quality 

# cFILED 6/6/2813 4:34:52 PM

<;ff.CL''' '.'JL ·'**'.'IJ...Il~:·** •. >, ··LCJ...ILlid-..IY \Jl-- ·.],-,TL**AGE~CY** 

### RULE TI"PE Legislatin**A:\1E~D:\1E~T** 

### TO**EXISTI~G** 

### RULE Yes TITLE-SERIES 45-14 RULE**~A:\·lE** 

### Permits for Constr·uction and**~Iajor ~Iodification**  

### of**~lajor** 

### Stationuy Sources for the Prenntion ofSignificant Deterioration ofAir Quality CITE AUTHORITY**~~-5-~** 

### PLEASE**IDE~TIFY A~Y** 

### AREAS OF**\"AGUE~ESS. TECH~ICAL**  

### DEFECTS.**REASO~S** 

### THE PROPOSED

. . 

### RULE \\"OULD**~OT** 

### HA\"E AFISCAL I::V1PACT**A~D** 

### OR**A~Y** 

### SPECIAL ISSUES**~OT** 

### CAPTURED ELSE\\"HERE**0~** 

### THIS FOR:\L**~one**



### BY**CHOOSI~G** 

### 'YES'. I AI'!EST THAT THE PRE\"IOUS**STATE:\IE~TS** 

### ARE TRUE**A~D** 

### CORRECT

Kristin A Boggs

-- By my signature, I certify that I am the person authm·ized to file legislatin rules, in accordance with West \"irginia Code §29A-3-ll and §39A-3-2. 

# IIII IIIII III 

# I111111 Title-Series: 45-14 Rule Id: 9081 Document: 24873

# WEST VIRGINIA SECRETARY OF STATE NATALIE 

# E. TENNANT ADMINISTRATIVE LAW DIVISION 

# cFILED 6/6/2813 4:34:52 PM

;ff.CL''' '.'JL'·'**'.'IJ...Il~:·** •. >, ··LCJ....ILlid-<Y \H- ·.],-,TL**FOR~!** 

### 12-- BRIEF**sr~HIARY A~D** **STATDIE~T** 

### OF**CIRCT~ISTA~CES** 

### (Page 1) Air Quality AGE::\CY RULE TI"PE Legislatin A:\lE::\D:\IE::\TTO EXISTI::\G RULE Yes TITLE-SERIES 45-14 RULE ::\A:\·lE Permits for Constr·uction and**~Iajor ~Iodification**  

### of**~lajor** 

### Stationuy Sources for the Prenntion ofSignificant Deterioration ofAir Quality CITE AUTHORITY**~~-5-~** 

### SU:\1:\t.\RIZE I:\A CLEARA::\D CO::\CISE :\t.\::\::\ER CO::\TE::\TS OF CHA::\GES I:\ RULEA::\D STATDlE::\T OF CIRCU::V!STA::\CES REQUIRI::\G THE RULE.

As required by 40 CFR Part 51, Subpart I - Review of New Sources and**~\odifications,** 

### this rule adopts criteria and procedures for the prevention of significant deterioration of air quality that are consistent with the governing federal regulation at 40 CFR §51.166. Promulgation of this rule by the Legislature is necessary for the State to fulfill its responsibilities under 40 CFR Part 51 and the CAA, as amended. Revisions to the rule incorporate implementation of 2012 Particulate**~latter** 

### NAAQS requirements with respect to the significant deterioration permitting program. The revision contains a grandfathering provision in the Specific Exemptions for PSD permitting requirements associated •d

### th the revised P7·\ rJAAQS that other\•Jise apply to permits issued on or after**~\arch** 

### 18, 2013. Permit applications that qualify for grandfathering are not required to show that emissions increases will not cause or contribute to a violation of the revised annual PM2.5 NAAQS, and rather may continue to be processed in accordance 1·Ji

### th the previously applicable p,'-1 

### NAAQS. The existing definition of Regulated NSR Pollutant (at subsection 2.66) generally excludes the measurement of condensable fraction of P7·\ in the context of the PSD regulations. However, the rule does preserve the requirement in some particular cases to include condensable Pfl as required by other regulations, such as new source performance standards. For purposes of PSD, the revised definition of

BY CHOOSI::\G 'YES'. I A !'I

### EST THATTHE PRE\'IOUS STATE:\IE::\TS ARE TRUE A::\D CORRECT Yes Kristin A Boggs

-- By my signature, I certify that I am the person authm·ized to file legislatin rules, in accordance with West \'irginia Code §29A-3-ll and §39A-3-2. 

# IIII IIIII III 

# I111111 Title-Series: 45-14 Rule Id: 9081 Document: 24873

# WEST VIRGINIA SECRETARY OF STATE NATALIE 

# E. TENNANT ADMINISTRATIVE LAW DIVISION 

# cFILED 6/6/2813 4:34:52 PM

<;ff.CL''' '.'JL'·'**'.'IJ...Il~:·** •. >, ··LCJ....ILlid-<Y \H- ·.],-,TL**FOR~!** 

### 12 --BRIEF**sr~HIARY A~D** **STATDIE~T** 

### OF**CIRCT~ISTA~CES** 

### (Page 2) Air Quality AGE::\CY RULE TI"PE Legislatin A:\lE::\D:\IE::\TTO EXISTI::\G RULE Yes TITLE-SERIES 45-14 RULE ::\A:\·lE Permits for Constr·uction and**~Iajor ~Iodification**  

### of**~lajor** 

### Stationuy Sources for the Prenntion ofSignificant Deterioration ofAir Quality CITE AUTHORITY**~~-5-~** 

### SU:\1:\t.\RIZE I:\ A CLEARA::\D CO::\CISE :\t.\::\::\ER CO::\TE::\TS OF CHA::\GES I:\ RULEA::\D STATDlE::\T OF CIRCU::V!STA::\CES REQUIRI::\G THE RULE.



### Regulated JISR Pollutant includes the measurement of**P~l2.5** 

### and PMlO condensable particulate matter in all cases. Due to a January 22, 2013 DC Circuit court decision, significant impact levels and significant monitoring concentration levels for PM2.5 have been vacated and remanded to EPA. Therefore, the significant impact levels and the**P~l2.5** 

### significant monitoring concentration levels have been struck from the rule.

BY CHOOSI::\G 'YES'. I A

### I'!EST THATTHE PRE\"IOUS STATE:\IE::\TS ARE TRUE A::\D CORRECT Yes Kristin A Boggs

-- By my signature, I certify that I am the person authm·ized to file legislatin rules, in accordance with West \"irginia Code §29A-3-ll and §39A-3-2. 

# IIII IIIII III 

# I111111 Title-Series: 45-14 Rule Id: 9081 Document: 2487345CSR14

TITLE 45 LEGISLATIVERULE DEPARTMENT OFENVIRONMENTALPROTECTION AIR QUALITY SERIES 14 PERMITS FORCONSTRUCTIONANDMAJORMODIFICATION OF MAJOR STATIONARY SOURCES FORTHE PREVENTION OF SIGNIFICANTDETERIORATION OFAIR QUALITY

§45-14-1.General. 1.1. Scope.

-- This rule establishes and adopts a preconstruction permit program in accordance with the policy of §101(b)(1) of the Clean Air Act (CAA), the purposes of §160 of the CAA, and the prevention of significant deterioration of air quality requirements of40 CFR §51.166. Preconstruction permits issued pursuant to this rule shall contain emission limitations and such other measures as may be necessary for the prevention significant deterioration ofair quality. This rule provides: l.l.a. A mechanismto ensure that economic growthwill occurinharmony with the preservation of existing clean air resources; to prevent the development ofany new non-attairnnent problems; to protect the public health and welfare from any adverse effects which might occur even at air quality levels better than the National Ambient Air Quality Standards; and to preserve, protect, and enhance the air quality in areas ofspecial natural, recreational, scenic, or historic value. It is the intent ofthe Secretary to register and evaluate sources of air pollutants and to preclude the construction or relocation of any major stationary source or major modification in any area classified as attaining National Ambient Air Quality Standards or unclassifiable in which the establishment ofsuch source or modification may interfere with the goals oftheprevention ofsignificant deterioration ofair quality levels; and l.l.b. A method to quantitatively define significant deterioration ofair quality with respect to the desired degree ofpreservation ofair quality for various areas and to set forth procedures for registration and reporting, and the criteria for obtaining a permit to construct or relocate a major stationary source or make a major modification to a stationary source within a designated attainment or unclassified area of the State of West Virginia. Such construction, modification, or relocation without such a permit is a violationofthis rule. 1.2. Authority.-- W.Va. Code §22-5-4. 1.3. Filing Date.-- May 1, 2013. 1.4. Effective Date.

-- .H!fte 1, 2013. 1.5. Federal Regulation.

-- Unless otherwise indicated, where reference to a federal regulation or standard appears inthis rule, suchregulation or standardwill, for the purpose ofthis rule, be construed as thatversionwhichwas in effect as ofJuno 1, 2012 June 1, 2013. 1.6. Former Rules.

-- This legislative rule amends 45CSR14

- "Permits for Construction and Major Modification ofMajor Stationary Sources for the Prevention ofSignificant Deterioration ofAir Quality"

145CSR14

whichwas filed onMay 1, 2012 May 1, 2013 and became effective on Juno 1, 2012 June 1, 2013. §45-14-2.Definitions. 2.1. "Actual emissions" means the actual rate ofemissions ofa pollutant from an emissions unit, as describedbelow, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, orfor establishing a PALunder section 25. Instead, subsections 2.63 and 2.8 shall apply for those purposes. 2.l.a. In general, actual emissions as ofa particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative ofnormal source operation. The Secretary may allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculatedusing the unit's actual operating hours, production rates, andtypes ofmaterials processed, stored, or combusted during the selectedtime period. 2.l.b. The Secretary may presume that source-specific allowable emissions for the unit are equivalentto the actual emissions ofthe unit. 2.l.c. For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit ofthe unit onthat date. 2.l.d. For an electric utility steam generating unit (other than a new unit or the replacement ofan existing unit) actual emissions ofthe unit following the physical or operational change shall equal the representative actual annual emissions ofthe unit following the physical or operational change, provided the source owner or operatormaintains and submits to the Director, on an annual basis for a period offive (5) years from the date the unit resumes regular operation, information demonstrating that the physical or operational change did not result in an emissions increase. A longer period, not to exceed ten (10) years, may be required by the Director ifthe Director determines such a period to be more representative of normal source operations following the physical or operational change. 2.2. "Actuals PAL" for a major stationary source means a PAL based on the baseline actual emissions (as defined in subsection 2.8) of all emissions units (as defined in subsection 2.27) at the source, that emit orhave the potential to emit the PALpollutant. 2.3. "Administrator" means the Administrator of the United States Envirornnental Protection Agency. 2.4. "Adverse impact on visibility" means visibility impairment which interferes with the management, protection, preservation or enjoyment ofthe visitor's visual experience ofthe Federal Class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency and time ofvisibility impairment, and how these factors correlate with (1) times ofvisitor use of the Federal Class I area, and (2) the frequency and timing ofnatural conditions that reduce visibility. 2.5. "Air pollutants" means solids, liquids, or gases which, if discharged into the air, may result in statutory air pollution.

245CSR14

2.6. "Air pollution" or "statutory air pollution" means and is limited to the discharge into the air by the act ofman substances (liquid, solid, gaseous, organic or inorganic) in a locality, manner and amount as to be injurious to human health or welfare, animal or plant life, or property, or which would interfere withthe enjoyment oflife orproperty. 2.7. "Allowable emissions" means the emission rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits or limits enforceable by the Secretary which restrict the operating rate, or hours ofoperation, or both) and the most stringent ofthe following: 2.7.a. The applicable standards as setforth in40 CFRParts 60 and 61; 2.7.b. The applicable State ofWest Virginia emissions limitations or permit conditions, including those with a future compliance date; or 2.7.c. The applicable federally enforceable emissions limitations or permit conditions, including those with a future compliance date. 2.8. "Baseline actual emissions" means the rate ofemissions, in tons per year, of a regulated NSR pollutant, as determinedin accordance with subdivisions 2.8.a through 2.8.d. 2.8.a. For any existing electric utility steam generating unit, baseline actual emissions means the average emission rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 5-year period immediately preceding when the owner or operator begins actual construction of the project. The Secretary shall allow the use of a different time period upon a determination that it is more representative of normal source operation. 2.8.a.l. The average rate shall include fugitive enusswns to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. 2.8.a.2. The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-monthperiod. 2.8.a.3. For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSRpollutant. 2.8.a.4. The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons peryear, and for adjusting this amountifrequiredby paragraph 2.8.a.2. 2.8.b. For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, intons peryear, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the Secretary for a permit required under 345CSR14

this rule, whichever is earlier, except that the 10-year period shall not include any period earlier than November 15, 1990. 2.8.b.l. The average rate shall include fugitive enusswns to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. 2.8.b.2. The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-monthperiod. 2.8.b.3. The average rate shall be adjusted downward to exclude any enusswns that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, if an emission limitation is part of a maximum achievable control technology standard that the Administrator proposed or promulgated under 40 CFRPart 63, the baseline actual emissions need only be adjusted ifthe State has taken credit for such emissions reductions in an attainment demonstration ormaintenance plan consistentwiththe requirements of45CSR19-8.6. 2.8.b.4. For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for all the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSRpollutant. 2.8.b.5. The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons peryear, and for adjusting this amountifrequiredby paragraphs 2.8.b.2 and 2.8.b.3. 2.8.c. For a new emissions unit, the baseline actual em1sswns for purposes of determining the emissions increase that will result from the initial construction and operation ofsuchunit shall equal zero; andthereafter, for all otherpurposes, shall equal the unit's potential to emit. 2.8.d. For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in subdivision 2.8.a, for other existing emissions units in accordance withthe procedures containedin subdivision 2.8.b, andfor a new emissions unitin accordance withthe procedures containedin subdivision 2.8.c. 2.9. Baseline Area. 2.9.a. "Baseline area" means any intrastate area (andevery partthereof) designated as attainment or unclassifiable under §107(d)(1)(A)(ii) or (iii) of the CAA in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact for the pollutantfor whichthe baseline date is established, equal to or greaterthanthe following:

Pollutant Air Quality Impact (annual average) 

## so, 1 }.'g/m 3

445CSR14

N02 1J"g/m 3 PM10 1J"g/m 3 PMz.s 0.3 l"g/m3 2.9.b. Area redesignations under §107(d)(l)(A)(ii) or (iii) of the CAA cannot intersect or be smallerthanthe area ofimpact ofany major stationary source ormajormodificationwhich: 2.9.b.l. Establishes a minor source baseline date; or 2.9.b.2. Is subject to 40 CFR §52.21 orthis rule, and wouldbe constructedinthe same state as the state proposing the redesignation. 2.9.c. Any baseline area established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, except that such baseline area shall not remain in effect ifthe Secretary rescinds the corresponding minor source baseline date in accordance with subdivision 2.42.d. 2.10. "Baseline concentration" means that ambient concentration level which exists in the baseline area at the time ofthe applicable minor source baseline date. A baseline concentration is determined for eachpollutantfor which a minor source baseline date is established and includes: 2.10.a. The allowable emissions of major stationary sources which commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date. 2.10.b. The actual emissions representative of sources in existence on the applicable minor source baseline date. However, the following will not be included inthe baseline concentration and will affect the applicable maximum allowable increase(s): 2.10.b.l. actual emissions from any major stationary source on which construction commenced afterthe major source baseline date; and 2.10.b.2. actual emissions increases and decreases at any stationary source occurring after the minor source baseline date. 2.11. "Begin actual construction" means, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction ofpermanent storage structures. With respect to a change in method ofoperation, this term refers to those on-site activities, otherthanpreparatory activities, whichmark the initiation ofthe change. 2.12. "Best available control technology (BACT)" means an emissions limitation (including a visible emissions standard) based on the maximum degree ofreduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or major modification which the Secretary, on a case-by-case basis, taking into account energy, environmental and economic impacts and other costs, determines is achievable for such source or modification through application ofproduction processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel 545CSR14

combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions ofany pollutant whichwould exceedthe emissions allowed by any federally enforceable emissions limitations or emissions limitations enforceable by the Secretary. Ifthe Secretary determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment work practice, operational standard or combination thereof, may be prescribed instead to satisfY the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation ofsuch design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalentresults. 2.13. "Building, Structure, Facility, or Installation" means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities are a part ofthe same industrial grouping ifthey belong to the same "Major Group" (i.e., which have the same two (2)-digit code) as described in the Standard Industrial Classification Manual, 1987 (United States Government Printing Office stock number GPO 1987 0-185-718:QL 3). 2.14. "CAA'' means the Clean Air Act, 42 U.S.C. 7401, et seq., as amended by Pub. L. No. 101-549 (November 15, 1990). 2.15. "Clean Coal Technology" means any technology, including technologies applied at the precombustion, combustion, or post combustion stage, at a new or existing facility which will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization ofcoal inthe generation ofelectricity, orprocess steamwhichwas not in widespreaduse as of November 15, 1990. 2.16. "Clean coal technology demonstration project" means a project using funds appropriated under the heading "Department ofEnergy

-- Clean Coal Technology", up to a total amount of $2,500,000,000 for commercial demonstration ofclean coal technology, or similarprojects funded through appropriations for USEPA. The Federal contribution for a qualifYing project shall be at least twenty (20) percent ofthe total cost ofthe demonstrationproject. 2.17. [Reserved]. 2.18. "Commence" as applied to construction of a major stationary source or major modification means thatthe owner or operatorhas all necessary preconstruction approvals orpermits and eitherhas: 2.18.a. begun, or caused to begin, a continuous program of actual on-site construction of the source, tobe completedwithin a reasonable time; or 2.18.b. entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program ofactual construction ofthe source to be completedwithin a reasonable time. 2.19. "Complete" means, in reference to an application for a permit, that the application contains all of the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the Secretary from requesting or accepting any 645CSR14

additional information. 2.20. "Construction" means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification ofan emissions unit) which would result in a change in actual emissions. 2.21. "Continuous emissions monitoring system (CEMS)" means all ofthe equipment that may be required to meet the data acquisition and availability requirements, to sample, condition (if applicable), analyze, and provide arecord ofemissions on a continuous basis. 2.22. "Continuous emissions rate monitoring system (CERMS)" means the total equipment required for the determination and recording ofthe pollutant mass emissions rate (in terms ofmass per unit of time). 2.23. "Continuous parameter monitoring system (CPMS)" means all ofthe equipment necessary to meetthe data acquisition and availability requirements, to monitorprocess and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, 02 or C02 concentrations), and to record average operational parameter value(s) on a continuous basis. 2.24. "Department ofEnvirornnental Protection" or "DEP" means the Department ofEnvirornnental Protection as definedin W. Va. Code §22-1-4. 2.25. "Electric utility steam generating unit" means any steam electric generating unit that is constructed for the purpose ofsupplying more than one-third ofits potential electric output capacity and more than twenty-five (25) MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity ofthe affectedfacility. 2.26. "Emission" means the release, escape ordischarge ofair pollutants into the air. 2.27. "Emissions unit" means any part ofa stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric utility steam generating unit as defined in subsection 2.25. For purposes of this rule, there are two types of emissions units as described in subdivisions 2.27.a and 2.27.b. 2.27.a. A new emissions unit is any emissions unitthatis (orwill be) newly constructed andthat has existedfor less than2years from the date such emissions unitfirst operated. 2.27.b. An existing emissions unit is any emissions unit that does not meet the requirements in subdivision 2.27.a. A replacementunit, as definedin subsection 2.68, is an existing emissions unit. 2.28. "Federal LandManager" means, with respect to any lands in the United States, the Secretary of the department with authority over suchlands. 2.29. "Federally enforceable" means all limitations and conditions which are enforceable by the Administrator including those requirements developed pursuant to 40 CFR Parts 60, 61 and 63, rules of the approved West Virginia State Implementation Plan, any permit requirements established pursuant to 745CSR14

40 CFR§52.21 orthis rule, and any operating permits issuedunder a programthatis incorporatedinto the State ImplementationPlan and expressly requires adherence to any permit issuedunder suchprogram. 2.30. [Reserved.] 2.31. "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent or otherfunctionally equivalent opening. 2.32. [Reserved.] 2.33. [Reserved.] 2.34. [Reserved.] 2.35. [Reserved.] 2.36. "Innovative control technology" means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air quality envirornnental impacts. 2.37. "Lowest achievable emission rate (LAER)" means, for any source, the more stringent of the following: 2.37.a. The most stringent emissions limitation which is contained in the implementation plan of any State for such class or category of stationary source, unless the owner or operator ofthe proposed stationary source demonstrates that suchlimitations are not achievable; or 2.37.b. The most stringent emissions limitation which is achieved in practice by such class or category of stationary sources. This limitation, when applied to a modification, means the lowest achievable emission rate for the new or modified emissions units within the stationary source. In no event shall the application ofthe termpermit a new orproposednew ormodified stationary source to emit any pollutantin excess ofthe amount allowable under an applicable new source standard ofperformance. 2.38. [Reserved.] 2.39. Major emissions unitmeans: 2.39.a. Any emissions unitthat emits orhas the potential to emit 100 tons peryear or more ofthe PALpollutantin an attainment area; or 2.39.b. Any emissions unitthat emits orhas the potential to emitthe PALpollutant in an amount thatis equal to or greaterthanthe major source thresholdforthe PALpollutant as definedbythe CAAfor nonattainment areas. For example, in accordance with the definition of major stationary source in §182(c) ofthe CAA, an emissions unit wouldbe a major emissions unit for VOC ifthe unit is locatedin a serious ozone non attairnnent area and it emits or has the potential to emit 50 or more tons ofVOC per year.

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2.40. "Major modification" means any physical change in or change in the method ofoperation ofa major stationary source which results in: a significant emissions increase (as defined in subsection 2.75) ofany regulatedNSRpollutant (as definedin subsection 2.66); and a significant net emissions increase of that pollutant from the major stationary source. Any significant emissions increase (as defined at subsection 2.75) from any emissions units or net emissions increase (as defined in subsection 2.46) at a major stationary source that is significant for volatile organic compounds or NOx shall be considered significant for ozone. However, the following actions do not constitute a physical change or change in the method ofoperation: 2.40.a. Routine maintenance, repair, andreplacement. 2.40.b. Use ofan alternative fuel or raw material by reason ofany order under sections 2(a) and (b) ofthe Energy Supply andEnvirornnental Coordination Act of 1974 (or any superseding legislation) or by reason ofa natural gas curtailmentplanpursuantto the Federal Power Act. 2.40.c. Use ofan alternative fuel by reason ofan order orrule under §125 ofthe CAA. 2.40.d. Use of fuel generated from municipal solid waste as an alternative fuel at a steam generating unit. 2.40.e. Use ofan alternative fuel orraw material by a stationary source, providedthat: 2.40.e.l. Prior to January 6, 1975, the source was capable of accommodating such alternative fuel or raw material, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975 pursuant to 40 CFR §52.21 or under any permit issued or order enteredpursuantto any rule ofthe Secretary after January 6, 1975; 2.40.e.2. The source is approved to use the alternative fuel or raw material under any permit issued under 40 CFR §52.21 or under any permit issued or order entered pursuant to any rule of the Secretary. 2.40.f.An increase in the hours ofoperation unless such increase would be prohibited by a Federal permit issued pursuant to 40 CFR§52.21 orby any permit issued or order entered pursuant to any rule of the Secretary. 2.40.g. An increase inthe production rate unless such increase would be prohibited by a Federal permit issued pursuant to 40 CFR§52.21 orby any permit issued or order entered pursuant to any rule of the Secretary. 2.40.h. Any change in ownership at a stationary source. 2.40.i. [Reserved.] 2.40.j.The installation, operation, cessation, or removal of a temporary clean coal technology demonstrationproject, providedthatthe project complies with: 2.40.j.l. The State ImplementationPlan; and 2.40.j.2. Otherrequirements necessary to attain and maintainthe National Ambient Air Quality 945CSR14

Standards during the project and afteritis terminated. 2.40.k. The installation or operation ofa permanent clean coal technology demonstration project that constitutes repowering, providedthatthe project does notresultin anincrease inthe potential to emit of any regulated NSR pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutantbasis. 2.40.1. The reactivation ofavery clean coal-fired electric utility steamgenerating unit. 2.40.m. This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under section 25 for a PAL for that pollutant. Instead, the definition at subsection 2.53 shall apply. 2.41. "Major modification for ozone" means a major modification for volatile organic compounds or NOx. 2.42. "Major andminor source baseline date." 2.42.a. "Major source baseline date" means: 2.42.a.l. Inthe case ofPM10 and sulfur dioxide, January 6, 1975; and 2.42.a.2. Inthe case ofnitrogen dioxide, February 8, 1988; and 2.42.a.3. Inthe case ofPM2.5,0ctober 20, 2010. 2.42.b. "Minor source baseline date" means the earliest date after the trigger date on which a major stationary source or a major modification subject to the requirements of40 CFR §52.21 or to this rule submits a complete applicationunderthis rule. The trigger date is: 2.42.b.l. Inthe case ofPM10 and sulfur dioxide, August 7, 1977, and 2.42.b.2. Inthe case ofnitrogen dioxide, February 8, 1988; and 2.42.b.3. Inthe case ofPM2.5, October20, 2011. 2.42.c. The baseline date is established for each pollutant for which increments or other equivalentmeasures have been establishedif: 2.42.c.l. The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under §107(d)(1)(A)(ii) or (iii) ofthe CAA for the pollutant on the date of its complete applicationunder 40 CFR §52.21 orthis rule; and 2.42.c.2. In the case ofa major stationary source, the pollutant would be emitted in significant amounts, or in the case ofa majormodification, there would be a significant net emissions increase ofthe pollutant. 2.42.d. Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, 1045CSR14

except that the Secretary may rescind any such minor source baseline date where it can be demonstrated to the Secretary's satisfaction that the emissions increase from the major stationary source, or the net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount ofPM10 emissions. 2.43. "Major stationary source" means: 2.43.a. Any ofthe following stationary sources ofair pollutants which emits or has the potential to emit, one hundred (100)tons peryear ormore ofany regulated NSRpollutant:

• Fossil Fuel-fired Stearn Electric Plants ofMore than 250 MillionBtu/hrHeatInput, • Coal Cleaning Plants (withthermal dryers), • KraftPulp Mills, • Portland CementPlants, • Primary Zinc Smelters, • Iron and Steel Mill Plants, • Primary Aluminum Ore ReductionPlants (withthermal dryers), • Primary Copper Smelters, • Municipal Incinerators Capable ofCharging More than 250 Tons ofRefuse perDay, • Hydroflouric, Sulfuric andNitric AcidPlants, • Petroleum Refineries, • Lime Plants, • Phosphate Rock Processing Plants, • Coke OvenBatteries, • SulfurRecovery Plants, • CarbonBlack Plants (furnace process), • Primary Lead Smelters, • Fuel ConversionPlants, • Sintering Plants, • Secondary Metal ProductionPlants, • Chemical Process Plants (which does not include ethanol production facilities that produce ethanol by natural fermentationincludedinNAICS codes 325193 or 312140), • Fossil Fuel Boilers (or combinations thereof) Totaling More than 250 MillionBtu/hourHeatInput, • Petroleum Storage and TransferUnits with a Total Storage Capacity Exceeding 300,000 Barrels, • Taconite Ore Processing Plants, • Glass FiberProcessing Plants, and • Charcoal ProductionPlants; 2.43.b. Notwithstanding the stationary source size specified in subdivision 2.43.a, any stationary source which emits or has the potential to emit, two hundred fifty (250) tons per year or more of any regulated NSR pollutant; or 2.43.c. Any physical change at a stationary source, not otherwise qualifYing under subdivision 2.43.a as a major stationary source, ifthe change itselfwould constitute a major stationary source. 2.43.d. A major source that is major for volatile organic compounds or NOx shall be considered majorfor ozone.

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2.43.e. The fugitive enusswns of a stationary source shall not be included in determining whetheritis a major stationary source, unless the source is listedin Table 1. Table 1 SOURCE CATEGORIES WHICHMUSTINCLUDE FUGITIVE EMISSIONS

• Fossil-Fuel-Fired StearnElectric Plants Greater Than 250 MillionBtu/HourHeatInput • Coal Cleaning Plants (withthermal dryers) • KraftPulp Mills • Portland CementPlants • Primary Zinc Smelters • Iron and Steel Mill Plants • Primary Aluminum Ore ReductionPlants • Primary Copper Smelters • Municipal Incinerators Capable ofCharging GreaterThan 250 Tons ofRefuse/Day • Hydrofluoric, Sulfuric, andNitric AcidPlants • PetroleumRefineries • Lime Plants • Phosphate Rock Processing Plants • Coke OvenBatteries • SulfurRecovery Plants • CarbonBlack Plants (furnace process) • Primary Lead Smelters • Fuel ConversionPlants • Sintering Plants • Secondary Metal ProductionPlants • Chemical Process Plants

- The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation includedinNAICS codes 325193 or 312140 • Fossil Fuel Boilers (or combinations thereof) Totaling More Than 250 MillionBtu/HourHeatInput • Petroleum Storage and TransferUnits with a Total Storage Capacity Exceeding 300,000 Barrels • Taconite Ore Processing Plants • Glass FiberProcessing Plants • Charcoal ProductionPlants • Any other stationary source category which, as ofAugust 7, 1980, is being regulated under §§111 or 112 ofthe CAA. 2.43.f.In additionto those facilities covered under subdivision 2.43.e, all coal preparation plants as defined under 40 CFR §60.251(a) which process more than 200 tons per day shall count fugitive emissions from all "affectedfacilities" at the source. 2.43.g. For the purpose ofsubdivision 2.43.f, the term "affected facilities" means those facilities which are listed or identified as "affected facilities" in the applicable standard promulgated under §§111 or 112 ofthe CAA." 2.44. "Major stationary source for ozone" means a major stationary source of volatile organic compounds orNOx. 2.45. "Necessary preconstruction approvals or permits" means those permits or approvals required

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underthe CAA andrules promulgatedunderW.Va. Code §22-5-4. 2.46. "Net emissions increase" means, withrespectto any regulated NSR pollutant emittedby a major stationary source, the amount ofemissions by whichthe sum ofthe following exceeds zero: 2.46.a. The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculatedpursuantto subsection 3.4; 2.46.b. Any other increases and decreases in actual emissions at the major source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under subdivision 2.46.b shall be determined as provided in subsection 2.8, exceptthatparagraphs 2.8.a.3 and 2.8.b.4 shall not apply; 2.46.c. An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only ifit occurs not more thanfive (5) years priorto the date on which construction on the particular change commences nor later than the date on which the increase from the particular change occurs. 2.46.d. Anincrease ordecrease in actual emissions is creditable only if: 2.46.d.l. The increase or decrease in actual emissions has not been relied upon by the United States Environmental Protection Agency inissuing a permitpursuantto 40 CFR §52.21; or 2.46.d.2. By the Secretary inissuing a permit pursuant to this rule and such permit is in effect onthe date onwhichthe increase in emissions from the particular change occurs. 2.46.e. The increase or decrease in actual emissions of particulate matter, sulfur dioxide, or nitrogen oxides which occurred prior to the applicable minor source baseline date was required to be considered and calculated in determining the amount of maximum allowable increases remaining available.; 2.46.f.An increase in actual emissions is creditable only to the extent that the new level ofactual emissions exceeds the oldlevel; 2.46.g. A decrease in actual emissions is creditable only to the extentthat: 2.46.g.l. The oldlevel ofactual emissions or the oldlevel ofallowable emissions, whichever is lower, exceeds the new level ofactual emissions; 2.46.g.2. Itis federally enforceable andis enforceable bythe Secretary at and afterthe time that the actual construction onthe particularchange begins; 2.46.g.3. The decrease in actual emissions must have approximately the same qualitative significance for public health and welfare as that attributedto the increase from the particular change; 2.46.g.4. [Reserved.] 2.46.h. An increase that results from a physical change at a source occurs when the emissions

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unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacementunit thatrequires shakedown becomes operational only after a reasonable shakedownperiod, notto exceed one hundred eighty (180) days. 2.46.i. Subdivision 2.l.a shall not apply for determining creditable increases and decreases. 2.47. "PM10 " means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method based on Appendix J of 40 CFR Part 50 and designated in accordance with 40 CFRPart 53 orby an equivalent method designated in accordance with 40 CFRPart 53. 2.48. "Particulate matter emissions" means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by applicable reference methods, or an equivalent or alternative method, specified in40 CFR Part 60, Appendix B, or by a test method specified in any rule of the Secretary which has been incorporated as part of the federally approved State ImplementationPlan. All references to particulate orparticulate matterinthis rule shall meanparticulate matter emissions. 2.49. "Person" means any and all persons, natural or artificial, including the State ofWest Virginia or any other state and all agencies or divisions thereof, any state political subdivision, the United States of America, any municipal, public, statutory or private corporation or association organized or existing underthe laws ofthis or any state or country, and any firm, partnership, or association ofwhatevernature. 2.50. "Plantwide applicability limitation (PAL)" means an emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with subsections 25.1 through 25.15. 2.51. "PAL effective date" generally means the date ofissuance ofthe PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit that is part ofthe PAL major modificationbecomes operational andbegins to emit the PALpollutant. 2.52. "PAL effective period" means the period beginning with the PAL effective date and ending 10 years later. 2.53. "PAL major modification" means, notwithstanding subsections 2.40 and 2.46 (the definitions for major modification and net emissions increase), any physical change in or change in the method of operation ofthe PAL source that causes it to emit the PALpollutant at a level equal to orgreater than the PAL. 2.54. "PAL permit" means the major NSR permit, the minor NSR permit, or the State operating permit under a program that is approved into the State Implementation Plan, or the title V permit issued by the Secretary that establishes a PALfor a major stationary source. 2.55. "PAL pollutant" means the pollutant for which a PAL is established at a major stationary source. 2.56. [Reserved.]

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2.57. "Pollution prevention" means any activity that through process changes, product reformulation or redesign, or substitution of less polluting raw materials, eliminates or reduces the release of air pollutants (including fugitive emissions) and other pollutants to the envirornnent prior to recycling, treatment, or disposal; it does not mean recycling (other than certain "in-process recycling" practices), energy recovery, treatment, or disposal. 2.58. "Potential to emit" means the maximum capacity ofa stationary source to emit a pollutantunder its physical and operational design. Any physical or operational limitation on the capacity ofthe source to emit a pollutant, including air pollution control equipment and restrictions onhours ofoperation or on the type or amount ofmaterial com busted, stored, or processed, shall be treated as part ofits design only ifthe limitation or the effect it would have on emissions is federally enforceable or is enforceable by the Secretary in any permit and/or consent order issued by the United States Envirornnental Protection Agency or by the Secretary. Secondary emissions do not count in determining the potential to emit ofa stationary source. 2.59. "Predictive emissions monitoring system (PEMS)" means all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, 0 2 or C02 concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis. 2.60. "Prevention of Significant Deterioration (PSD) program" means a major source preconstruction permit program that has been approved by the Administrator and incorporated into the State Implementation Plan, or the program in 40 CFR §52.21. Any permit issued under such a program is a majornew source review (NSR) permit. 2.61. [Reserved.] 2.62. "Project" means a physical change in, or change inthe method ofoperation of, an existing major stationary source. 2.63. "Projected actual emissions" means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSRpollutant in any one ofthe 5years (12-month period) following the date the unit resumes regular operation after the project, or in any one ofthe 10 years following that date, ifthe project involves increasing the emissions unit's design capacity or its potential to emit that regulated NSR pollutant and full utilization ofthe unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source. 2.63.a. In determining the projected actual emissions under subsection 2.63 (before beginning actual construction), the owner oroperator ofthe major stationary source: 2.63.a.l. Shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the State or Federal regulatory authorities, and compliance plans underthe approved State ImplementationPlan; and 2.63.a.2. Shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, andmalfunctions; and

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2.63.a.3. Shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under subsection 2.8 and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or 2.63.a.4. In lieu ofusing the method set out in paragraphs 2.63.a.1 through 2.63.a.3, may elect to use the emissions unit's potential to emit, intons peryear, as definedunder subsection 2.58. 2.64. "Reactivation of a very clean coal-fired electric utility steam generating unit" means any physical change or change in the method ofoperation associated with the commencement ofcommercial operations by a coal-firedutility unit after a period ofdiscontinued operationwhere the unit: 2.64.a. Has not been in operation for the two-yearperiod prior to the enactment ofthe Clean Air Act Amendments of 1990, and the emissions from such unit continue to be carried in the Secretary's emissions inventory at the time ofenactment; 2.64.b. Was equipped prior to shutdown with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide ofno less than eighty-five (85) percent and a removal efficiency for particulates ofno less thanninety-eight (98) percent; 2.64.c. Is equipped with low-NOx burners prior to the time of commencement of operations following reactivation; and 2.64.d. Is otherwise in compliance withthe requirements ofthe CAA. 2.65. [Reserved.] 2.66. "RegulatedNSRpollutant" means the following: 2.66.a. Any pollutant for which a National Ambient Air Quality Standard has beenpromulgated and any pollutant ideutified nnder this subdivision as a constitueut or precursor to such pollutaut. Precursors ideutifiedbythe Administratorfor purposes ofNSR are the This includes, but is notlimitedto, the following: 2.66.a.l. PM1.5 emissions, andPM10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambienttemperatures. On or after Januarv 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM1.5 and PM10 in PSD permits. Compliance with emissions limitations for PM2 5 andPM10 issuedpriorto this date shall notbe based on condensable particularmatter unless required by the terms and conditions of the permit or the applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particularmatter shall not be considered in violation unless the applicable implementation plan required condensable particularmatterto be included; 2.66.a.2. Any pollutant identified under this paragraph as a constituent or precursor to a pollutant for which a national ambient air quality standard has been promulgated. Precursors identified

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by the Administratorfor pumoses ofNSR are the following: 2.66.a.l. 2.66.a.2.A. Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment andunclassifiable areas. 2.66.a.2. 2.66.a.2.B. Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas. 2.66.a.3. 2.66.a.2.C. Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and unclassifiable areas, unless the Secretary demonstrates to the Administrator's satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributorto that area's ambientPM2.5 concentrations. 2.66.a.4. 2.66.a.2.D. Volatile organic compounds are presumed not to be precursors to PM2.5 in any attainment or unclassifiable area, unless the Secretary demonstrates to the Administrator's satisfaction orEPA demonstrates that emissions ofvolatile organic compounds from sources in a specific area are a significant contributorto that area's ambientPM2.5 concentrations. 2.66.b. Any pollutantthatis subject to any standardpromulgatedunder §111 ofthe CAA; 2.66.c. Any Class I or II substance subject to a standard promulgated under or established by title VI ofthe CAA; 2.66.d. Any pollutant that otherwise is subject to regulation under the CAA as defined in subsection 2.80. 2.66.e. Notwithstanding subdivisions 2.66.a through 2.66.d, the term regulated NSR pollutant shall not include any or all hazardous air pollutants either listed in §112 ofthe CAA, or added to the list pursuantto §112(b)(2) ofthe CAA, and which have not been delisted pursuantto §112(b)(3) ofthe CAA, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutantlistedunder §108 ofthe CAA. 2.66.f.[Rosorvod.] 2.67. "Relocate" or "Relocation" means the physical movement of a source outside of its existing plantboundaries. 2.68. "Replacement unit" means an emissions unit for which all the criteria listed in subdivisions 2.68.a through 2.68.d are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit thatis replaced. 2.68.a. The emissions unit is a reconstructed unit within the meaning of40 CFR §60.15(b)(1), or the emissions unit completely takes the place ofan existing emissions unit; 2.68.b. The emissions unit is identical to or functionally equivalent to the replaced emissions unit; 2.68.c. The replacement does not change the basic designparameter(s) ofthe process unit; and

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2.68.d. The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, orpermanently barred from operationby a permitthatis enforceable as a practical matter. Ifthe replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. 2.69. "Repowering" means replacement of an existing coal-fired boiler with one of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated gasification fuel cells, or as determined by the Administrator, in consultation with the Secretary of Energy, a derivative ofone ormore ofthese technologies, and any other technology capable ofcontrolling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance oftechnology in widespread commercial use as ofNovember 15, 1990. 2.69.a. Repowering shall also include any oil and/or gas-fired unit whichhas been awarded clean coal technology demonstrationfunding as ofJanuary 1, 1991, by the Department ofEnergy. 2.69.b. The Secretary shall give expedited consideration to permit applications for any source that satisfies the requirements ofthis subsection 2.69 andis grantedan extensionunder §409 ofthe CAA. 2.70. [Reserved.] 2.71. "Representative actual annual emissions" means the average rate, intons per year, at which the source is projected to emit a pollutant for the two-year period after a physical change or change in the method ofoperation ofa unit, (or a different consecutive two-year period within ten (10) years after that change, where the Secretary determines that such period is more representative of normal source operations), considering the effect any such change will have on increasing or decreasing the hourly emissions rate and onprojected capacity utilization. Inprojecting future emissions the Secretary shall: 2.7l.a. Consider all relevantinformation, including but not limitedto, historical operational data, the company's own representations, filings with the State or Federal regulatory authorities, and compliance plans under Title IV ofthe CAA; and 2.7l.b. Exclude, in calculating any increase in emissions that results from the particular physical change or change inthe method ofoperation at an electric utility steamgenerating unit, that portion ofthe unit's emissions following the change that could have been accommodated during the representative baseline period and is attributable to an increase in projected capacity utilization at the unit that is unrelated to the particular change, including any increasedutilization due to the rate ofelectricity demand growthforthe utility system as a whole. 2.72. "Secondary emissions" means emissions which would occur as a result ofthe construction or operation ofa major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose ofthis rule, secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include, but are not limited to emissions from any off-site support facility which would not otherwise be constructed or increase its emissions except as a result ofthe construction or operation ofthe major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as

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emissions from the tailpipe ofa motorvehicle, from a train, orfrom avessel. 2.73. "Secretary" means the Secretary ofthe Department ofEnvironmental Protection as defined in W.Va. Code §§22-1-6 or 22-1-8. 2.74. "Significant" means: 2.74.a. In reference to a net emission increase or the potential of a source to emit any of the following pollutants, a rate ofemissions thatwould equal or exceed any ofthefollowing rates:

Pollutant andPollutantEmissionRate (tons peryear) Carbonmonoxide: 100 tpy Nitrogen oxides: 40 tpy Sulfur dioxide: 40 tpy Particulate matter: 25 tpy PM10 : 15 tpy PM2.5 : 10tpy ofdirect PM2.5 emissions PM2.5 : 40tpy ofS02 emissions PM2.5 : 40tpy ofNOx emissions (unless demonstrated not to be a PMz.s precursorunder subsection 2.66). Ozone: 40 tpy ofVOC orNOx Lead: 0.6 tpy Fluorides: 3 tpy Sulfuric acidmist: 7 tpy Hydrogen sulfide (H2S): 10 tpy Total reduced sulfur: 10 tpy (including H2S) Reduced sulfur compounds 10 tpy (including H2S): Municipal waste combustor 1945CSR14

organics (as total tetra- through 3.5x1o·'t octachlorinated dibenzo-p-dioxins anddibenzofurans): Municipal waste combustormetals 15 tpy (as particulate matter): Municipal waste combustor acid 40 tpy gases (as the sum ofS02 and HCl): Municipal solidwaste landfill 50 tpy emissions (as nonmethane organic compounds): 2.74.b. In reference to a net emissions increase or the potential of a source to emit a regulated NSRpollutantthatis notlistedin subdivision 2.74.a, any emissions rate; and 2.74.c. Notwithstanding subdivision 2.74.a, any emissions rate or any net emissions increase associated with a major stationary source or major modification, which would construct within ten (10) kilometers of any Class I area, and have an impact on such area equal to or greater than 1 11g/m 3 (twenty-four (24) hour average). 2.75. "Significant emissions increase" means, for a regulated NSR pollutant, an increase in emissions that is significant (as definedin subsection 2.74) for thatpollutant. 2.76. "Significant emissions unit" means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level (as defined in subsection 2.74 or in the CAA, whichever is lower) for that PAL pollutant, but less than the amount that would qualifY the unit as a major emissions unit as definedin subsection 2.39. 2.77. "Significantimpact" means anincrease inthe ambient air concentrationfor a particularpollutant as follows: Averaging time (hours) Annual 24 8 3 1 Ambient AirConcentrationIncrease (11g/m3) 

## so, 1.0 5.0 25.0 PM10 1.0 5.0 N02 1.0

Ambient Air ConcentrationIncrease (mg/m3) 

## co 0.5 2.0

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2.78. "Small emissions unit" means an emissions unit that emits orhas the potential to emit the PAL pollutant in an amount less thanthe significant level for that PAL pollutant, as defined in subsection 2.74 orinthe CAA, whicheveris lower. 2.79. "Source" or "Stationary source" means, for the purpose of this rule, any building, structure, facility, orinstallationwhich emits ormay emit a regulated NSRpollutant. 2.80. "Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by the Administrator under Title 40, Chapter I, Subchapter C ofthe Code ofFederal Regulations, that requires actual control ofthe quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity ofemissions ofthatpollutant releasedfrom the regulated activity. Exceptthat: 2.80.a. Greenhouse gases (GHGs), the air pollutant defined in 40 CFR §86.1818-12(a) as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation except as provided in subdivisions 2.80.d and 2.80.e. 2.80.b. For purposes of subdivisions 2.80.c through 2.80.e, the term tpy C02 equivalent emissions (C02e) shall represent an amount ofGHGs emitted, and shall be computed as follows: 2.80.b.l. Multiplying the mass amount ofemissions (tpy), for each ofthe six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to Subpart A of40 CFR Part 98- Global Warming Potentials. Forpurposes ofthis paragraph, priorto July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of non-fossilized and biodegradable organic material originating from plants, animals, ormicro-organisms (including products, by-products, residues and waste from agriculture, forestry and related industries as well as the non-fossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition ofnon-fossilized andbiodegradable organic material). 2.80.b.2. Sumthe resultantvalue from paragraph 2.80.b.1 for eachgas to compute a tpy C02e. 2.80.c. The term emissions increase as used in subdivisions 2.80.d and 2.80.e shall mean that both a significant emissions increase (as calculated using the procedures in subsection 3.4) and a significant net emissions increase (as defined in subsections 2.46 and 2.74) occur. For the pollutant GHGs, an emissions increase shall be based on tpy C02e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and "significant" is defined as 75,000 tpy C02e instead ofapplying the value insubdivision 2.74.b. 2.80.d. Beginning January 2, 2011, the pollutant GHGs is subjectto regulationif: 2.80.d.l. The stationary source is a new major stationary source for a regulated NSR pollutant that is not GHGs, and also will emit orwill have the potential to emit 75,000 tpy C02e ormore; or 2.80.d.2. The stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase ofa regulated NSR pollutant, and an

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emissions increase of75,000tpy C02e ormore; and, 2.80.e. Beginning July 1, 2011, in addition to the provisions in subdivision 2.80.d, the pollutant GHGs shall also be subjectto regulation: 2.80.e.l. At a new stationary source that will emit or have the potential to emit 100,000 tpy

2.80.e.2. At an existing stationary source that emits or has the potential to emit 100,000 tpy C02e, when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of75,000 tpy C02e ormore. 2.80.f.Notwithstanding subdivisions 2.80.d. and 2.80.e., and subject to the public notice requirements setforth in subdivision 2.80.g., the preconstruction permitrequirements ofthis rule shall not apply to a source's GHG emissions if any ofthe following actions result in GHGs not being subject to regulation under the otherwise applicable federal prevention ofsignificant deterioration requirements set forth in40 CFR §51.166: 2.80.f.l. A US EPA final rule; 2.80.f.2. An act ofthe United States Congress; 2.80.f.3. A Presidential Executive Order; 2.80.f.4. A final order ofthe District of Columbia Circuit Court of Appeals, ifthe specified time for appealing the order has lapsed and no appeals, petitions seeking clarification or rehearing, or other petitions regarding the order have been filed, or, ifany appeals or petitions are filed, the resolution ofany and all appeals and petitions regarding the final order are complete and have upheld the relevant deterrnination(s). Moreover, a stay shall also create an exemption during the effective length ofthe stay. These two specific exemptions shall become effective only ifUS EPA does not object in writing by the end ofthe notice period setforth in subdivision 2.80.g.; or 2.80.f.5. An order ofthe United States Supreme Court. 2.80.g. The exemption set forth in subdivision 2.80.f. shall become effective after the Secretary provides a thirty day notice ofsuch exemption to US EPA and the public. Such notice shall be published inthe WestVirginiaRegister and explainthe circumstancesjustifYing the exemption. 2.81. "TSP" or "Total suspended particulate matter" means particulate matter as measured by the methods describedin Appendix B of40 CFRPart 50. 2.82. "Temporary clean coal technology demonstration project" means a clean coal technology demonstration project that is operated for a period offive (5) years or less, and which complies with the State Implementation Plan and other requirements necessary to attain and maintain the National Ambient Air Quality Standards during and afterthe project is terminated. 2.83. [Reserved.]



### 2245CSR14

2.84. "US EPA" means the United States Envirornnental Protection Agency. 2.85. "Volatile organic compounds (VOC)" is as definedin 40 CFR§51.100(s). §45-14-3.Applicability. 3.1. The requirements ofthis rule apply to the construction ofany new major stationary source (as defined in subsection 2.43) or any proposed project at an existing major stationary source in an area designated as attairnnent orunclassifiable under §§107(d)(1)(A)(ii) or (iii) ofthe CAA. 3.2. The requirements ofsections 7 through 13 and sections 17 through 19 apply to the construction of any new major stationary source or the major modification of any existing major stationary source, except as this rule otherwise provides. 3.3. No new major stationary source or major modification to which the requirements ofsections 7 through 13 and sections 17 through subsection 19.7 apply shall begin actual constructionwithout a permit issued by the Secretary that states that the major stationary source or major modification will meet those requirements. 3.4. Determination ofmajormodification.

-- The determination as to whether a proposed project is a major modification for a regulated NSR pollutant shall be determined in accordance with the specific provisions setforth in subdivisions 3.4.athrough 3.4.f. 3.4.a. Except as otherwise provided in subsections 3.5 and 3.6, and consistent with the definition ofmajor modification containedin subsection 2.40, a projectis a majormodification for a regulated NSR pollutant ifit causes two types ofemissions increases

-- a significant emissions increase (as defined in subsection 2.75), and a significant net emissions increase (as defined in subsections 2.46 and 2.74). The proposed project is not a major modification ifit does not cause a significant emissions increase. Ifthe proposedproject causes a significant emissions increase, then the project is a majormodification only ifit also results in a significantnet emissions increase. 3.4.b. The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step ofthe process) will occur depends upon the type ofemissions units being modified, according to subdivisions 3.4.c through 3.4.f. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the second step ofthe process) is contained in the definition in subsection 2.46. Regardless of any such preconstruction projections, a major modification results ifthe project causes a significant emissions increase and a significant net emissions increase. 3.4.c. Actual-to-projected-actual applicability test for projects that only involve existing emissions units.

-- A significant emissions increase ofa regulated NSR pollutant is projected to occur ifthe sum of the difference between the projected actual emissions (as defined in subsection 2.63) and the baseline actual emissions (as defined in subdivisions 2.8.a and 2.8.b), for each existing emissions unit, equals or exceeds the significant amountfor thatpollutant (as definedin subsection 2.74). 3.4.d. Actual-to-potential test for projects that only involve construction of a new em1sswns unit(s). --A significant emissions increase ofa regulatedNSRpollutantis projectedto occurifthe sum of the difference between the potential to emit (as defined in subsection 2.58) from each new emissions unit

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following completion ofthe project and the baseline actual emissions (as defined in subdivision 2.8.c) of these units before the project equals or exceeds the significant amount for that pollutant (as defined in subsection 2.74). 3.4.e. [Reserved] 3.4.f. Hybrid test for projects that involve multiple types of emissions units.

-- A significant emissions increase ofa regulatedNSRpollutantis projectedto occurifthe sum ofthe emissions increases for each emissions unit, using the method specified in subdivisions 3.4.c through 3.4.d as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for thatpollutant (as definedinsubsection 2.74). 3.5. For any major stationary source subject to a PAL for a regulated NSR pollutant, the major stationary source shall comply withthe requirements setforth in section 25. §45-14-4.AmbientAir Quality Increments and Ceilings. 4.1. No increases inpollutant concentrations over the baseline concentrations are allowed in excess ofthose listedbelow:

Maximum Allowable Pollutant ConcentrationIncrease overBaseline Concentration (11g/m3) Class I Areas Particulate matter: PM2.5, Annual arithmetic mean 1 PM2.5, 24-hourmaximum 2 PM10, Annual arithmetic mean 4 PM10, 24-hourmaximum 8 Sulfur dioxide: Annual arithmetic mean 2 24-hourmaximum 5 3-hourmaximum 25 Nitrogen dioxide: Annual arithmetic mean 2.5 Class II Areas Particulate matter: PM2.5, Annual arithmetic mean 4 PM2.5, 24-hourmaximum 9 PM10, Annual arithmetic mean 17 PM10, 24-hourmaximum 30 Sulfur dioxide: Annual arithmetic mean 20

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24-hourmaximum 91 3-hourmaximum 512 Nitrogen dioxide: Annual arithmetic mean 25 Class III Particulate matter: PM2.5, Annual arithmetic mean 8 PM2.5, 24-hourmaximum 18 PM10, Annual arithmetic mean 34 PM10, 24-hourmaximum 60 Sulfur dioxide: Annual arithmetic mean 40 24-hourmaximum 182 3-hourmaximum 700 Nitrogen dioxide: Annual arithmetic mean 50 4.2. For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one (1) suchperiodperyear at any one location. 4.3. No pollutant concentration shall exceed any primary or secondary air quality standard promulgated: 4.3.a. by the Secretary; or 4.3.b. by the US EPA. §45-14-S.Area Classification. 5.1. Dolly Sods Wilderness Area and Otter Creek Wilderness Area are designated as Class I Areas; 5.2. The Spruce Knob-Seneca Rocks National Recreational Area, the Cranberry National Wilderness, and the New River Gorge National Scenic River are designated as Class II Areas; and 5.3. The remainder ofthe State ofWestVirginiais designated as a Class II Area. §45-14-6.Prohibition ofDispersion Enhancement Techniques. 6.1. The use ofstack heights which exceed good engineering practice or any dispersion techniques to reduce the concentration of any air pollutant and thereby, affect the degree of emission limitation required is prohibited unless a stack existed or dispersion technique was implemented before December 31, 1970. §45-14-7.Registration, Reporting and Permit Requirements for Major Stationary Sources and



### 2545CSR14

Major Modifications. 7.1. No person shall allow the construction or relocation ofany major stationary source or a major modification to be commenced after the effective date ofthis rule in any area designated as attairnnent or unclassifiable under §107 ofthe CAA. without notifYing the Secretary ofsuch intent and obtaining prior to beginning actual construction. or modification (as defined by subsection 2.10) a permit(s) to so construct. modifY. or relocate the major stationary source or major modification as herein provided. If the areain which such source wouldbe constructed orthe area inwhich suchmodificationwould occur is designated as nonattairnnent under §107 ofthe CAA. as amended. for any pollutant which the source or modification would emit in significant amounts (as defined by subsection 45CSR19-2.65). the source or modification shall meet all requirements of 45CSR19 for that pollutant and shall not be subject to the requirements ofthis rule forthatpollutant. 7.2. The owner or operator ofthe source shall file with the Secretary a timely and complete permit application containing sufficient information as. in the judgment of the Secretary. will enable the Secretary to determine whether such source construction. modification. or relocation will be in conformance with the provisions of any rules promulgated by the Secretary in general and with the requirements ofthis rule. Suchinformationmay include. butnotbe limitedto: 7.2.a. A description ofthe nature. location. design capacity. and typical operating schedule ofthe source ormodification. including specifications and drawings showing its design andplantlayout; 7.2.b. A detailed schedule for construction ofthe source or modification; 7.2.c. A detailed description as to what system ofcontinuous emission reduction is planned by the source or modification. emission estimates. and any other information as necessary to determine that best available control technology as applicable wouldbe applied; 7.2.d. The air quality impact of the source or modification. including meteorological and topographical data necessary to estimate suchimpact; and 7.2.e. The air quality impacts and the nature and extent of any or all general commercial. residential. industrial. and other growth which has occurred since August 7. 1977. in the area the source ormodificationwould affect. 7.3. Each permit application shall be signedby the owner or operator ofthe major stationary source or major modification. and such signature shall constitute an agreement that the applicant will assume responsibility for the construction. modification. or relocation. and operation of the major stationary source or major modification in accordance with applicable rules ofthe Secretary. the permit application. and any permitissuedpursuantto this rule. 7.4. Within thirty (30) days ofthe receipt ofa permit application for construction orrelocation ofa major stationary source or for a major modification. the Secretary shall determine ifthe application is complete or ifthere exists any deficiency inthe application or information submitted. and shall notifY the applicant of all such deficiencies. if any. In the event of such a deficiency. the date ofreceipt ofthe application shall be the date onwhichthe Secretary received all requiredinformation. 7.5. Within six (6) months of the receipt of a complete permit application for construction or

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relocation ofa major stationary source orfor a major modification, the Secretary shall issue such a permit unless the Secretary determines that the proposed major stationary source or major modification has not satisfied the requirements ofthis rule, will violate applicable emission standards, will interfere with the attainment or maintenance of applicable ambient air quality standards, or will be inconsistent with the intent and purpose ofthis rule, in which case the Secretary shall issue an order for the prevention ofsuch construction, modification, or relocation. 7.6. Ifthe Secretary denies a permit application for the proposed construction or relocation of any major stationary source or major modification, the order shall set forth the Secretary's reasons with reasonable specificity. 7. 7. The Secretary may impose any reasonable conditions as part of a granted construction, modification, orrelocationpermit. Such conditions may include, but notbe limited to, the submission of periodic progress or operation reports, the provisions of a suitable sampling site, the installation of pollutant monitoring devices, and the operation and maintenance of ambient air quality monitoring stations. §45-14-S.Control TechnologyRequirements. 8.1. Any person proposing to construct or relocate a major stationary source or major modification shall meet each applicable emissions limitation promulgated by the Secretary and any applicable emissions standard or standard ofperformance under 40 CFRParts 60, 61 and 63. 8.2. Any person proposing to construct a new major stationary source shall apply best available control technology for eachregulated NSR pollutantthatit wouldhave the potential to emit in significant amounts. 8.3. Any person proposing a major modification of a stationary source shall apply best available control technology for each regulated NSR pollutant for which such proposed major modification would cause a significant net emissions increase from such source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change orchange inthe method ofoperationinthe unit. 8.4. For any proposed construction of a major stationary source or major modification which is a phased construction project, the determination ofbest available control technology shall be reviewed and modified as appropriate at the last reasonable time which occurs no later than eighteen (18) months prior to commencement ofconstruction ofeach independent phase ofthe project. At such time, the owner or operator ofthe applicable stationary source may be required to demonstrate the adequacy ofany previous determination ofbest available control technology for the source. §45-14-9.RequirementsRelating to the Source'sImpact on Air Quality. 9.1. Required Demonstration.

-- Any person proposing to construct or relocate a major stationary source or to make a major modification shall demonstrate that allowable emission increases from the proposed source ormodification, in conjunctionwith all other applicable emissionincreases or reductions (including secondary emissions) wouldnot cause or contribute to air pollutioninviolation of: 9.l.a. Any National Ambient Air Quality Standardin any air quality control region; or

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9.l.b. Any applicable maximum allowable increase overthe baseline concentrationin any area. 9.2. Significant Impact Levels. For purposes ofPlV!"-" the demonstration required in subsection 9.1 is eleemeel to kave Beefl maele 

### ifffte emissioas iaerease from ffte aew stafiofl:ary sol:ffee aloae or from

Pollntant 

### ' a,gtng-+il Class I Area Class II Area Class III Area

P.dHH!al Q.Q6 t>g.lm" Q**~** I >**-.-~±g.** m Q**~** I >**-.-~±g.** m PM..,. 24 hour Q.Q+ t>g.ln." I 2 I • -.-t>g.m I 2 I • -.-t>g.m §45-14-10. Modeling Requirements. 10.1. All estimates of ambient concentrations required under section 9 shall be based on the applicable air quality models, data bases, and other requirements specified in the Appendix W of40 CFR Part 51 (Guideline on Air Quality Models). 10.2. Where an air quality impact model specified in Appendix W of40 CFR Part 51 (Guideline on Air Quality Models) is inappropriate, the model may be modified or another model substituted, provided that saidmodification or substitutionis approvedinwriting by the Administrator. §45-14-11. Air Quality Monitoring Requirements. 11.1. Any person proposing to construct or relocate a major stationary source shall provide an analysis of the ambient air quality in the area that the major stationary source would affect for each pollutantthatit wouldhave the potential to emitina significant amount. 11.2. Any person proposing to make a major modification to a stationary source shall provide an analysis ofthe ambient air quality in the area that the major modification would affect for each pollutant for whichitwouldresultin a significantnet emissions increase. 11.3. For those pollutants for which no National or West Virginia Ambient Air Quality Standard exists, the analysis shall contain such air quality monitoring data as the Secretary determines is necessary to assess ambient air quality for thatpollutantin any areathatthe emissions ofthatpollutantwould affect. 11.4. For those pollutants (other than non-methane hydrocarbons) for which such an ambient air quality standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes ofdetermining whether emissions ofthat pollutant would cause or contribute to a violation of the standard or any maximum allowable increase. 11.5. All ambient air quality monitoring data that is required shall have been gathered over a period of one (1) year and shall represent the year preceding receipt of the application, except that, if the Secretary determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one (1) year (but not to be less than four (4) months), the data that is required shall have beengatheredover atleastthat shorterperiod. 11.6. Any person proposing to construct or relocate a major stationary source or make a major

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modification shall, after construction of the stationary source or modification, conduct such ambient monitoring as the Secretary determines is necessary to determine the effect emissions from the stationary source ormodificationmay have, or are having, on air quality in any area. 11.7. Operation of monitoring stations required by section 11 shall meet the requirements of Appendix B of40 CFRPart 58 during the operation ofthemonitoring stations. §45-14-12. Additional ImpactAnalysisRequirements. 12.1. Any person proposing to construct or relocate a major stationary source or make a major modification shall provide: 12.l.a. An analysis ofthe impairment to visibility, soils, and vegetation that would occur as a result of the source or modification and general commercial, residential, industrial, and other growth associated with the source or modification. The owner or operator need not provide an analysis ofthe impact onvegetationhaving no significant commercial orrecreational value; and 12.l.b. An analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial and other growth associated withthe source ormodification. §45-14-13. Additional Requirements and Variancesfor SourcesImpacting Federal Class I Areas. 13.1. Notice to EPA.

-- The Secretary shall transmit to the Administrator a copy of each permit application relating to a major stationary source or major modification impacting a Class I area and provide notice to the Administrator ofevery actionrelatedto the consideration ofsuchpermit. 13.2. Notice to Federal land managers. -- The Secretary shall provide written notice of any permit application for a proposed major stationary source or major modification, the emissions from which may affect a Class I area, to the Federal landmanager orthe Federal official, charged with direct responsibility for management of any lands within any such area. Such notification shall include a copy of all information relevant to the permit application and shall be given within 30 days ofreceipt and at least 60 days prior to any public hearing on the application for a permit to construct. Such notification shall include an analysis oftheproposed source's anticipatedimpacts onvisibility inthe Federal Class I area. 13.3. The Secretary shall also provide the Federal land manager or such Federal officials with a copy ofthe preliminary determination required under subsection 17.2, and shall make available to them any materials used in making that determination, promptly after the Secretary makes such determination. Finally, the Secretary shall also notifY all affected Federal land managers within 30 days ofreceipt ofany advance notification ofany suchpermit application. 13.4. Federal LandManager.-- The Federal LandManager orthe Federal official, chargedwith direct responsibility for management of such lands has an affirmative responsibility to protect the air quality related values (including visibility) of such lands and to consider, in consultation with the Secretary, whether a proposed source ormodificationwill have an adverse impact on suchvalues. 13.5. The Federal Land Manager ofthe affected Class I area may present to the Secretary during the public review process describedin section 17 a demonstrationthat the emissions from the proposedmajor stationary source or major modification would have an adverse impact on the air quality-related values

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(including visibility) of any Federal mandatory Class I lands, notwithstanding that the change in air quality resulting from emissions from such source or modification would not cause or contribute to concentrations whichwould exceed the maximum allowable increases for a Class I area. Ifthe Secretary concurs with such demonstration, the Secretary shall deny the permitto construct. 13.6. Class I variances.

-- The owner or operator of a proposed source or modification may demonstrate to the Federal Land Manager that the emissions from such source or modification would have no adverse impact on the air quality related values of any such lands (including visibility), notwithstanding that the change in air quality resulting from emissions from such source or modification would cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I area. If the Federal land manager concurs with such demonstration and he so certifies, the Secretary may issue the permit: Provided, That the applicable requirements ofthis section are otherwise met, to issue the permit with such emission limitations as may be necessary to assure that emissions of sulfur dioxide, PM2.5 , PM10, and nitrogen oxides would not exceed the following maximum allowable increases overminor source baseline concentrationfor suchpollutants:

Maximum Allowable Pollutant ConcentrationIncrease overMinor Source Baseline Concentration (11g/m3) Particulate Matter: PM2.5, Annual arithmetic mean 4 PM2.5, 24-hrmaximum 9 PM10, Annual arithmetic mean 17 PM10, 24-hrmaximum 30 Sulfur dioxide: Annual arithmetic mean 20 24-hrmaximum 91 3-hrmaximum 325 Nitrogen dioxide: Annual arithmetic mean 25 13.7. An applicantfor a permit pursuant to this rule shall be allowedthe Class I variances as provided in 40 CFR §§51.166(p)(4), (5), (6), and (7) as contained in the Code ofFederal Regulations on July 1, 1994, provided, that all requirements ofsaid 40 CFR §§51.166(p)(4), (5), (6), and (7) are met and written notification ofvariance in accordance with said section(s) is providedto the Secretary. §45-14-14. Procedures for Sources Employing Innovative Control Technology. 14.1. Any person proposing to construct or modify a major stationary source or major modification may petition the Secretary to approve a system ofinnovative control technology in lieu ofbest available control technology. Any such proposed innovative control technology shall meet the following conditions: 14.l.a. The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety inits operation orfunction;

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14.l.b. The proposed source or modification must achieve a level of continuous em1sswns reduction equivalent to that which would have been required under section 8 by a date specified by the Secretary; 14.l.c. The source or modification would meet requirements equivalent to all requirements of this rule that a stationary source employing a system of best available control technology would be requiredto meet; 14.l.d. Before the date specifiedinsubsection 14.4, the source ormodificationwould: 14.l.d.l. Not cause or contribute to any violation of an applicable National Ambient Air Quality Standard; 14.l.d.2. Notimpact any area where an applicable incrementis knowntobeviolated; 14.l.d.3. Meet all other applicable requirements including those for public participation; and 14.l.e. The provisions of40 CFR §51.166(p) (relating to Class I areas) have been satisfied with respectto all periods during the life ofthe source ormodification. 14.2. The Secretary shall consult with the governor(s) of other state(s) and the Federal Land Manager(s) ofareas impactedbythe proposed source ormodification. 14.3. The Secretary, with the concurrence ofthe governor(s) of other state(s) and the Federal Land Manager(s), may make a determination that the source or modification would be employing innovative control technology. 14.4. The Secretary shall specifY a date by which the source or modification must meet the requirements and conditions ofsubsection 14.1. Such date shall not be laterthan four (4) years from the time ofstart-up or seven (7)years from permit issuance. 14.5. The Secretary shall withdraw any approval to employ a system ofinnovative control technology made underthis section 14 if: 14.5.a. The proposed system fails by the specified date to achieve the required continuous emissions reduction rate; or 14.5.b. The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or 14.5.c. The Secretary decides at any time that the proposed system is unlikely to achieve the requiredlevel ofcontrol orto protectthe public health, welfare, or safety. 14.6. Ifthe source or modification fails to meet the required level ofcontinuous emissions reduction within the specified time period, or ifthe approval is withdrawn in accordance with subsection 14.5, the Secretary shall specifY a date by which the source or modification shall meet the requirement for the application ofbest available control technology through use of a demonstrated system ofcontrol. This date shall not exceed three (3) years from the date ofthe end ofthe specified time period orthe date that the approval is withdrawn, whicheveris earlier.

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§45-14-15. Exclusions From Increment Consumption. 15.1. The following concentrations shall be excluded in determining compliance with a maximum allowable increase: 15.l.a. Concentrations attributable to the increase in emissions from stationary sources which have converted from the use ofpetroleum products. natural gas. or both by reason of an order in effect under sections 2(a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation as ofthe effective date ofthis rule) over the emissions from such sources before the effective date ofsuch an order; 15.l.b. Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason of natural gas curtailment plan in effect pursuant to the Federal Power Act overthe emissions from such sources before the effective date ofsuchplan; 15.l.c. Concentrations of particulate matter attributable to the increase in emissions from construction or othertemporary emission-related activities ofnew ormodified sources; and 15.l.d. Concentrations attributable to the temporary increase in emissions of sulfur dioxide. particulate matter. or nitrogen oxides from stationary sources so long as such exclusion meets the following requirements: 15.l.d.l. The temporary emissions increase of sulfur dioxide. particulate matter or nitrogen dioxides does not exceedtwo (2) years in duration; 15.l.d.2. The exclusionperiodfor the temporary emissions increase is not renewable; and 15.l.d.3. The exclusion allows no emissions increases from a stationary source whichwould: 15.l.d.3.A. Impact a Class I area or an area where an applicable increment is known to be violated; or 15.l.d.3.B. Cause or contribute to aviolation ofa National Ambient Air Quality Standard. 15.l.d.4. The exclusion requires limitations to be in effect at the end ofthe exclusion period specifiedinparagraph 15.l.d.1. which ensures that the emissions levels from stationary sources wouldnot exceedthose levels occurring from such sources before the temporary increase. 15.2. No exclusion ofsuch concentrations shall apply more than five (5) years after the effective date ofthe orderto which subdivision 15.l.arefers orthe planto which subdivision 15.l.brefers. whicheveris applicable. Ifboth such order and plan are applicable. no such exclusion shall apply more than five (5) years afterthe later ofsuch effective dates. §45-14-16. Specific Exemptions. 16.1. A non-profit health or non-profit educational institution proposing to construct or relocate a major stationary source or to make a major modification may petition the Secretary for an exemption

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from the requirements ofsubsections 8.2, 8.3 and 8.4 and sections 9, 11 and 12. 16.2. The source or modification that would be a major stationary source or major modification only iffugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit ofthe stationary source or modification and such source does notbelong to any ofthe source categories listedin Table 1 may petition the Secretary for exemption from the requirements ofsubsections 8.2, 8.3, 8.4 and sections 9, 11 and 12. 16.3. Any person proposing to relocate a source or modification that is a portable stationary source which has previously received a permit under this rule may petition the Secretary for an exemption from the requirements ofsubsections 8.2, 8.3 and 8.4 and sections 9, 11 and 12. The Secretary shall grant this exemptionifthe following conditions are met: 16.3.a. The source proposes to relocate and emissions ofthe source at the new location would not exceedtwo (2) years; 16.3.b. The emissions from the source wouldnot exceedits allowable emissions; 16.3.c. The emissions from the source would impact no Class I area and no area where an applicable incrementis knownto beviolated; 16.3.d. The source identifies the proposed new location and the probable duration ofoperation at the new location; and 16.3.e. Suchpetition shall be submittedto the Secretary not less thanten (10) days in advance of the proposedrelocationunless a different time durationis previously approvedbythe Secretary. 16.4. Requirements equivalent to those contained in subsections 8.2, 8.3 and 8.4 and sections 9, 11 and 12 do not apply to a major stationary source or major modification with respect to a particular pollutant ifthe owner or operator demonstrates that, as to that pollutant, the source or modification is locatedin an area designated as nonattainmentunder §107 ofthe CAA. 16.5. Any person proposing to construct or relocate a major stationary source or make a major modification may petition the Secretary for an exemption from the requirements ofsections 9 through 12 with respect to a particular pollutant and the Secretary shall grant such exemption, if the allowable emissions of that pollutant from a new source, or the net emissions increase of that pollutant from a modification, would not exceed two (2) years, would not impact any Class I area and would not impact any area where an applicable incrementis knownto beviolated. 16.6. Any person proposing to modifY a major stationary source located in a Class II area that was in existence prior to March 1, 1978 may petition the Secretary for an exemption from the requirements of sections 9, 11 and 12 as they relate to any maximum allowable increase for a Class II area. The Secretary shall grant such exemption ifthe net increase in allowable emissions ofeach regulated NSR pollutant from the modification after the application ofbest available control technology would be less thanfifty (50) tons peryear. 16.7. Any person proposing to construct or relocate a major stationary source or make modification may petition the Secretary for an exemption from the requirements of section respectto a particularpollutantif:

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16.7.a. The applicant demonstrates that the em1sswns increase of the pollutant from a new stationary source or the net emissions increase ofthe pollutant from a modification would cause, in any area, an air quality impactless thanthe amounts listedin Table 2; or 16.7.b. The applicant demonstrates that the concentrations of the pollutant in the area that the source ormodificationwould affect are less thanthe concentrations listedin Table 2; or 16.7.c. The applicant's requestis for any pollutant whichis notlistedin Table 2.

Table 2 -DeMinimis Air Quality Impacts Concentration Averaging Pollutant (11g/m3) Time Carbon 575 8-hour Monoxide Nitrogen 14 annual Dioxide 

### I'M... 4 ;!4 hellf PM10 10 24-hour SulfurDioxide 13 24-hour Ozone1 None NA Lead 0.1 3-month Fluorides 0.25 24-hour Hydrogen 0.2 1-hour Sulfide Total Reduced 10 1-hour Sulfur Reduced Sulfur 10 1-hour Compounds

1 No de minimis air quality level is provided for ozone. However, any net emissions increase of 100 tons per year or more ofvolatile organic compounds or nitrogen oxides subject to PSD would be required to perform an ambient impact analysis, including the gathering ofair quality data. 16.8. The permitting requirements contained in subdivision 9.l.b do not apply to a stationary source or modification with respect to any maximum allowable increase for nitrogen oxides if the owner or operator ofthe source or modification submitted an application for a permit to the Secretary before the provisions embodying the maximum allowable increase took effect as part ofthe plan and the Secretary

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subsequently determines that the application as submittedbefore that date was complete. 16.9. The permitting requirements contained in subdivision 9.l.b shall not apply to a stationary source ormodificationwithrespectto any maximum allowable increase for PM10 if: 16.9.a. The owner or operator ofthe source ormodification submitted an applicationfor a permit to the Secretary before the provisions embodying the maximum allowable increases for PM10 took effect as part oftheplan, and 16.9.b. The Secretary subsequently determines that the application as submitted before that date was complete. Instead, the applicable requirements ofsubdivision 9.l.b shall apply with respect to the maximum allowable increases for TSP as in effect onthe date the application was submitted. 16.10.The requirements of subsection 9.1 shall not apply to a stationarv source or modification with respectto the national ambient air quality standards for PM2.s in effect onMarch 18, 2013 if: 16.10.a. The Secretarv has determined a permit application subject to this section to be complete on or before December 14, 2012. Instead, the requirements in subsection 9.1 shall apply with respect to the national ambient air quality standards for PM2.5 in effect at the time the Secretary determined the permit applicationto be complete; or 16.10.b. The Secretary has first published before March 18, 2013 a public notice ofa preliminary determination for the permit application subject to this section. Instead. the requirements in subsection 9.1 shall apply with respect to the national ambient air quality standards for PM2.5 in effect at the time of first publication ofa public notice onthe preliminary determination. §45-14-17. PublicReview Procedures. 17.1. At the time that an application for a construction, modification orrelocation permit is filed, the applicant shall place a Class I legal advertisement in a newspaper ofgeneral circulation in the area where the source will be located. No permit shall be issuedto any applicantuntil at least thirty (30) days notice has been provided to the public. The advertisement shall contain at a minimum, the name of the applicant, the type and location of the source, the type and amount of air pollutants proposed to be discharged, the nature ofthe permit being sought, the proposed start-up date for the source and a contact telephone numberfor more information. 17.2. After finishing the review of a complete application, the Secretary shall make a preliminary determination whethera permit shouldbe approved, approved with conditions, or disapproved. 17.3. The Secretary shall make available in at least one location in the region in which the proposed source would be constructed a copy of all materials the applicant submitted (excluding data entitled to protection as confidential information under 45CSR31), a copy ofthe preliminary determination, and a copy orsummary ofothermaterials, ifany, consideredinmaking the preliminary determination. 17.4. The Secretary shall place a Class I legal advertisement in a paper ofgeneral circulation in the area where the proposed source would be constructed, modified, or relocated. The advertisement shall contain, as a minimum, the name of the applicant, the type and location of the source, the proposed start-up date, the preliminary determination, the degree ofincrement consumption that is expected from

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the source or modification, notification of the opportunity for written public comment, provisions for requesting a public meeting, details concerning the time and place ofsuch a meeting ifone is scheduled, and notification ofthe opportunity for comment at a public meeting ifsuch meeting is to be conducted. A public commentperiodofthirty (30) days shall be providedand so statedinthe advertisement. 17.5. The Secretary shall send a copy ofthe advertisement to the applicant, to the Administrator, and to officials and agencies having cognizance over the location where the proposed construction would occur as follows: any other State or local air pollution control agencies, the chiefexecutives ofthe city and county where the source would be located; any comprehensive regional land use planning agency, any State, and any Federal LandManager, whose lands may be affected by emissions from the source or modification. 17.6. The Secretary shall consider public comments submitted within thirty (30) days after the Secretary's public notification ofan opportunity for comment upon a proposed construction orrelocation ofa major stationary source ormajormodification, and comments submittedwithin a specified periodnot to exceed fifteen (15) days after any public meeting to receive comment on such proposed construction, modification, or relocation before making a final decision on the approvability ofthe application. The Secretary shall make copies ofall comments available for public inspection in the same locations where the Secretary made available preconstructioninformationrelating to the proposed source ormodification. 17.7. The Secretary shall make a final determination whether construction should be approved, approvedwith conditions, ordisapproved. 17.8. The Secretary shall notifY the applicant in writing ofthe final determination and make a copy of such notification available for public inspection at the same location where the Secretary made available preconstructioninformation andpublic comments relating to the proposed source ormodification. §45-14-18. Public Meetings. 18.1. Public meetings to receive comments on permit applications shall be held when the Secretary deems it appropriate or when substantial interest is expressed, in writing, by persons who might reasonably be expectedto be affectedby the proposedmajor source ormajormodification. 18.2. The Secretary or the Secretary's designee shall preside over such meetings and ensure that all interested parties have ample opportunity to present comments. Such meetings shall be held at a convenient place as near as practicable to the location of the proposed major source or major modification. 18.3. At a reasonable time priorto suchmeetings, the Secretary shall provide appropriate information to news mediainthe area where the proposed source ormodificationis to be located. §45-14-19. Permit Transfer, Cancellation and Responsibility. 19.1. A permittee may petitionthe Secretary for a transfer ofa permitpreviously issuedin accordance with this rule. The Secretary shall approve such permit transfer provided the following conditions are met: 19.l.a. The permittee, inthe petition, describes the reasons for the requested permit transfer and

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certifies that the subject source is in compliance with all the provisions and requirements ofits permit, and 19.l.b. The transferee provides written acknowledgment that it accepts and will comply with all the requirements, terms, and conditions as containedinthe subject permit. 19.2. The Secretary shall suspend or revoke a permit if, after eighteen (18) months from the date of issuance the holder ofthe permit cannot provide the Secretary, at the Secretary's request, with written proof of a good faith effort that such construction, modification, or relocation has commenced and remains ongoing. Such proof shall be provided not later than thirty (30) days after the Secretary's request. 19.3. The Secretary may suspend, modifY, or revoke the permit ifthe plans and specifications upon whichthe approval was based orthe conditions establishedinthe permit are not adhered to. Uponnotice ofthe Secretary's intent to suspend, modifY or revoke a permit, the permittee may request a conference with the Secretary in accordance with the provisions of W.Va. Code §22-5-5 to show cause why the permit shouldnotbe suspended, modified orrevoked. 19.4. Any owner or operator who constructs, modifies or relocates any stationary source not in accordance with the application submitted pursuant to this rule or with the terms of any permit to construct, modifY or relocate, or any owner or operator ofa source subject to this rule who commences construction after the effective date ofthis rule without applying for and receiving approval hereunder, shall be subjectto appropriate enforcement action. 19.5. Possession ofa permit does not relieve any person ofthe responsibility ofcomplying with any and all rules ofthe Secretary orW.Va. Code§ 22-1-1 et seq. 19.6. [Reserved.] 19.7. Any personwho owns or operates any particular source ormodification which becomes a major stationary source or major modification solely by virtue ofa relaxation in any limitation, enforceable by the Administrator or the Secretary, on the capacity of the source or modification otherwise to emit a pollutant (such as a restriction on hours of operation), shall become subject to the requirements ofthis rule as though constructionhadnotyet commenced onthe source ormodification. 19.8. Except as otherwise providedin subdivision 19.8.f, the following specific provisions apply with respect to any regulated NSR pollutant emitted from projects at existing emissions units at a major stationary source (otherthanprojects at a source with a PAL) in circumstances where there is a reasonable possibility, within the meaning of subdivision 19.8.f, that a project that is not a part of a major modification may result in a significant emissions increase of such pollutant, and the owner or operator elects to use the method specified inparagraphs 2.63.a.1 through 2.63.a.3 for calculating projected actual enuSSlOllS. 19.8.a. Before beginning actual construction ofthe project, the owner or operator shall document andmaintain a record ofthe following information: 19.8.a.l. A description oftheproposedproject;

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19.8.a.2. Identification ofthe emissions unit(s) whose emissions of a regulated NSR pollutant couldbe affectedbythe proposedproject; and 19.8.a.3. A description ofthe applicability test used to determine that the proposed project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under paragraph 2.63.a.2 and an explanationfor why such amount was excluded, and any netting calculations, ifapplicable. 19.8.b. Ifthe emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information required under subdivision 19.8.a to the Secretary. Nothing in subdivision 19.8.b shall be construed to require the owner or operator ofsuch a unit to obtain any determination from the Secretary before beginning actual construction. 19.8.c. The owner or operator shall monitor the emissions ofany regulated NSR pollutant that could increase as a result ofthe project and that is emitted by any emissions unit identified in paragraph 19.8.a.l. The owner or operator shall calculate and maintain a record ofthe annual emissions, intons per year on a calendaryearbasis, for a period of5years following resumption ofregular operations after the change, or for a period of 10 years following resumption ofregular operations after the change ifthe project increases the design capacity oforpotential to emitthatregulatedNSRpollutant at such emissions unit. 19.8.d. Ifthe unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the Secretary within 60 days after the end ofeach year during which records must be generated under subdivision 19.8.c setting out the unit's annual emissions during the calendar year that preceded submission ofthe report. 19.8.e. Ifthe unitis an existing unit otherthanan electric utility steam generating unit, the owner or operator shall submit a reportto the Secretary ifthe annual emissions, intons peryear, from the project identified in subdivision 19.8.a, exceed the baseline actual emissions (as documented and maintained pursuant to paragraph 19.8.a.3), by a significant amount (as defined in subsection 2.74) for that regulated NSR pollutant, and if such emissions differ from the preconstruction projection as documented and maintained pursuant to paragraph 19.8.a.3. Such report shall be submitted to the Secretary within 60 days afterthe end ofsuchyear. The report shall containthe following: 19.8.e.l. The name, address andtelephone number ofthe major stationary source; 19.8.e.2. The annual emissions as calculatedpursuantto subdivision 19.8.c; and 19.8.e.3. Any other informationthat the owner or operator wishes to include inthe report (e.g., anexplanation as to why the emissions differ from the preconstructionprojection). 19.8.f.A "reasonable possibility" under subsection 19.8 occurs when the owner or operator calculates the project to result in either: 19.8.f.l. A projected actual emissions increase of at least 50 percent ofthe amount that is a "significant emissions increase," as defined under subsection 2.75 (without reference to the amountthat is a significantnet emissions increase), for the regulated NSRpollutant; or

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19.8.f.2. A projected actual emissions increase that, added to the amount ofemissions excluded under paragraph 2.63.a.3, sums to at least 50 percent of the amount that is a "significant emissions increase," as defined under subsection 2.75 (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only within the meaning ofthis paragraph, and not also within the meaning ofparagraph 19.8.f.l, thenprovisions under subdivisions 19.8.b through 19.8.e do not apply to the project. 19.9. The owner or operator of the source shall make available the information required to be documented and maintained pursuant to subsection 19.8 for review upon a request for inspection by the Secretary orthe general public pursuantto the requirements containedin 45CSR30. §45-14-20. Disposition ofPermits. 20.1. Inthe eventthatthe Secretary promulgates changes to this rule orinthe event ofa redesignation ofan attainment or non-attainment area (in accordance with§ 107 ofthe CAA) prior to final disposition ofa permit, the Secretary shall make final disposition ofthe permit application in accordance with such newly promulgated standards orredesignation. §45-14-21. Conflictwith OtherPermittingRules. 21.1. For sources required to obtain a permit under this rule, the provisions of45CSR13 requiring a permit do not apply, so that only a single permit is required; provided, however, that: 2l.l.a. The base permit application fee of $1,000 pursuant to 45CSR22, subdivision 3.4.a shall apply to such sources in additionto other applicable fees; and 2l.l.b. Any permit issued under this rule includes conditions that ensure compliance with the provisions of45CSR13 to the extent applicable to any regulated air pollutant (as definedin45CSR13) not otherwise coveredunderthis rule. 21.2. For sources that may be subject to 45CSR13, 45CSR14 and/or 45CSR19, the more stringent provisions ofeach applicable rule shall apply. §45-14-22. [Reserved.] §45-14-23. [Reserved.] §45-14-24. [Reserved]. §45-14-25. Actuals PALs. 25.1. Applicability. 25.l.a. The Secretary may approve the use ofan actuals PAL for any existing major stationary source ifthe PAL meets the requirements in subsections 25.1 through 25.15. The term "PAL" shall mean "actuals PAL" throughout section 25. 25.l.b. Any physical change in or change inthe method ofoperation ofa major stationary source

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that maintains its total source-wide emissions below the PALlevel, meets the requirements in subsections 25.1 through 25.15, and complies withthe PALpermit: 25.l.b.l. Is not a majormodificationforthe PALpollutant; 25.l.b.2. Does nothave to be approvedthroughthe PSD program; and 25.l.b.3. Is not subject to the provisions in subsection 19.4 (restrictions onrelaxing enforceable emission limitations that the major stationary source used to avoid applicability of the major NSR program). 25.l.c. Except as provided under paragraph 25.l.b.3, a major stationary source shall continue to comply with all applicable Federal or State requirements, emission limitations, and work practice requirements that were establishedpriorto the effective date ofthe PAL. 25.2. Definitions. --For the purposes ofthis section 25, the definition in subdivision 25.2.a applies. When a term is not defined in these paragraphs, it shall have the meaning given in section 2 or in the CAA. 25.2.a. Allowable emissions means "allowable emissions" as defined in subsection 2.6, except as modified according to paragraphs 25.2.a.1 and 25.2.a.2. 25.2.a.l. The allowable emissions for any emissions unit shall be calculated considering any emissionlimitations that are enforceable as a practical matter onthe emissions unit's potential to emit. 25.2.a.2. An emissions unit's potential to emit shall be determined using the definition in subsection 2.58, except that the words "or enforceable as a practical matter" should be added after "federally enforceable." 25.3. Permit applicationrequirements.-- As part ofa permit application requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the Secretary for approval: 25.3.a. A list ofall emissions units at the source designated as small, significant or major based on their potential to emit. In addition, the owner or operator ofthe source shall indicate which, ifany, Federal or State applicable requirements, emissionlimitations, orwork practices apply to eachunit. 25.3.b. Calculations ofthe baseline actual emissions (with supporting documentation). Baseline actual emissions are to include emissions associated not only with operation of the unit, but also emissions associated with startup, shutdown, andmalfunction. 25.3.c. The calculationprocedures thatthe major stationary source owner or operatorproposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-monthrolling total for eachmonth as requiredby subdivision25.13.a. 25.4. General requirements for establishing PALs. 25.4.a. The Secretary is allowedto establish a PAL at a major stationary source, provided that at a minimum, the requirements inparagraphs 25.4.a.1 through 25.4.a.7 are met.

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25.4.a.l. The PAL shall impose an annual em1sswn limitation in tons per year, that is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period after the first 12 months of establishing a PAL, the major stationary source owner or operator shall show that the sum ofthe monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). For each month during the first 11 months from the PAL effective date, the major stationary source owner or operator shall show thatthe sum ofthe preceding monthly emissions from the PAL effective date for each emissions unitunderthe PALis less thanthe PAL. 25.4.a.2. The PAL shall be established in a PAL permit that meets the public participation requirements in section 17. 25.4.a.3. The PALpermit shall contain all the requirements ofsubsection 25.7. 25.4.a.4. The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit orhave the potential to emit the PALpollutant at the major stationary source. 25.4.a.5. EachPAL shall regulate emissions ofonly one pollutant. 25.4.a.6. EachPAL shall have a PAL effective period of 10 years. 25.4.a.7. The owner or operator ofthe major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in subsections 25.12 through 25.14 for each emissions unitunderthe PALthroughthe PAL effective period. 25.4.b. At no time during or after the PAL effective period are emissions reductions of a PAL pollutant that occur during the PAL effective period creditable as decreases for purposes of offsets pursuant to 45CSR19 unless the level ofthe PAL is reduced by the amount ofsuch emissions reductions and suchreductions wouldbe creditable inthe absence ofthe PAL. 25.5. Public participation requirements for PALs.-- PALs for existing major stationary sources shall be established, renewed, or increased through a procedure that is consistent with 45CSR13. This includes the requirement that the Secretary provide the public with notice ofthe proposed approval ofa PALpermit and at least a 30-day periodfor submittal ofpublic comment. The Secretary must address all material comments before taking final action onthe permit. 25.6. Setting the 10-year actuals PALlevel. 25.6.a. Except as provided in subdivision 25.6.b, actuals PALlevel for a major stationary source shall be established as the sum ofthe baseline actual emissions (as defined in subsection 2.8) ofthe PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under subsection 2.74 or under the CAA, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24-month period must be used to determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24-month period may be used for each different PAL pollutant. Emissions associated with units that were permanently shutdown after this 24-month period must be subtracted from the PAL level. Emissions from units on which actual construction began after the 24-month period must be added to the PAL level in an amount equal to the potential to emit of the units. The Secretary shall specifY a reduced PAL

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level(s) (in tons/yr) in the PAL permit to become effective on the future compliance date(s) of any applicable Federal or State regulatory requirement(s) thatthe Secretary is aware ofpriorto issuance ofthe PAL permit. For instance, ifthe source owner or operator will be required to reduce emissions from industrial boilers in halffrom baseline emissions of60 ppm NOx to a new rule limit of30 ppm, then the permit shall contain a future effective PALlevel that is equal to the current PALlevel reduced by halfof the original baseline emissions ofsuchunit(s). 25.6.b. For newly constructed units (which do not include modifications to existing units) on which actual constructionbegan after the 24-month period, in lieu ofadding the baseline actual emissions as specifiedin subdivision 25.6.a, the emissions mustbe addedto the PALlevel in an amount equal to the potential to emit ofthe units. 25.7. Contents ofthe PALpermit.-- The PALpermit must contain, at a minimum, the information in subdivisions 25.7.athrough 25.7.j. 25.7.a. The PALpollutant andthe applicable source-wide emissionlimitationintons peryear. 25.7.b. The PALpermit effective date and the expiration date ofthe PAL (PAL effective period). 25.7.c. Specification in the PAL permit that if a major stationary source owner or operator applies to renew a PAL in accordance with subsection 25.10 before the end ofthe PAL effective period, then the PAL shall not expire at the end ofthe PAL effective period. It shall remain in effect until a revisedPALpermitis issuedbythe Secretary. 25.7.d. A requirement that emission calculations for compliance purposes must include emissions from startups, shutdowns, andmalfunctions. 25.7.e. A requirement that, once the PAL expires, the major stationary source is subject to the requirements ofsubsection 25.9. 25. 7.f.The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total as requiredby subdivision 25.13.a. 25.7.g. A requirement that the major stationary source owner or operator monitor all emissions units in accordance withthe provisions under subsection 25.12. 25.7.h. A requirement to retain the records required under subsection 25.13 on site. Such records may be retainedin an electronic format. 25.7.i.A requirement to submit the reports required under subsection 25.14 by the required deadlines. 25.7.j.Any other requirements that the Secretary deems necessary to implement and enforce the PAL. 25.8. PAL effective period and reopening ofthe PAL permit.

-- The requirements in subdivisions 25.8.a and 25.8.b apply to actuals PALs.

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25.8.a. PAL effective period.-- The Secretary shall specify a PAL effective periodof 10 years. 25.8.b. Reopening ofthe PALpermit. 25.8.b.l. During the PAL effective period, the Secretary must reopenthe PALpermitto: 25.8.b.l.A. Correct typographical or calculation errors made in setting the PAL orreflect a more accurate determination ofemissions usedto establishthe PAL; 25.8.b.l.B. Reduce the PALifthe owner or operator ofthe major stationary source creates creditable emissions reductions for use as offsets pursuant to 45CSR19; and 25.8.b.l.C. Revise the PALto reflect an increase in the PAL as provided under subsection 25.11. 25.8.b.2. The Secretary shall have discretionto reopenthe PALpermitfor the following: 25.8.b.2.A. Reduce the PALto reflect newly applicable Federal requirements (for example, NSPS) with compliance dates afterthe PAL effective date; 25.8.b.2.B. Reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the State may impose on the major stationary source under the State ImplementationPlan; and 25.8.b.2.C. Reduce the PAL ifthe Secretary determines that a reduction is necessary to avoid causing or contributing to a National Ambient Air Quality Standard (NAAQS) or PSD increment violation, or to an adverse impact on an air quality related value that has been identified for a Federal Class I areaby a Federal LandManager and for whichinformationis available to the general public. 25.8.b.3. Except for the permit reopening in subparagraph 25.8.b.l.A for the correction of typographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried outin accordance withthe public participationrequirements ofsubsection 25.5. 25.9. Expiration of a PAL.

-- Any PAL that is not renewed in accordance with the procedures in subsection 25.10 shall expire at the end ofthe PAL effective period, and the requirements in subdivisions 25.9.athrough 25.9.e shall apply. 25.9.a. Each emissions unit (or each group ofemissions units) that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the procedures inparagraphs 25.9.a.l and 25.9.a.2. 25.9.a.l. Within the time frame specified for PAL renewals in subdivision 25.10.b, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each group of emissions units, if such a distribution is more appropriate as decided by the Secretary) by distributing the PAL allowable emissions for the major stationary source among each ofthe emissions units that existedunderthe PAL. Ifthe PALhadnotyetbeen adjustedfor an applicable requirementthat became effective during the PAL effective period, as requiredunder subdivision 25.10.e, such distribution shall be made as ifthe PALhadbeen adjusted.

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25.9.a.2. The Secretary shall decide whether and how the PAL allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group ofemissions units, as the Secretary determines is appropriate. 25.9.b. Each emissions unit(s) shall comply with the allowable em1sswn limitation on a 12-month rolling basis. The Secretary may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the allowable emissionlimitation. 25.9.c. Until the Secretary issues the revised permit incorporating allowable limits for each emissions unit, or each group ofemissions units, as required under paragraph 25.9.a.2, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emissionlimitation. 25.9.d. Any physical change or change in the method ofoperation at the major stationary source will be subject to major NSR requirements ifsuch change meets the definition ofmajor modification in subsection 2.40. 25.9.e. The major stationary source owner or operator shall continue to comply with any State or Federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that had been established pursuant to subsection 19.4, but were eliminated by the PAL in accordance with the provisions inparagraph 25.l.b.3. 25.10.Renewal ofa PAL.-- The Secretary shall follow the procedures specified in subsection 25.5 in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the Secretary. 25.10.a. Application deadline.

-- A major stationary source owner or operator shall submit a timely application to the Secretary to request renewal of a PAL. A timely application is one that is submitted at least 6 months prior to, but not earlier than 18 months from, the date ofpermit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. Ifthe owner or operator ofa major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewedPALis issued. 25.10.b. Application requirements.

-- The application to renew a PAL permit shall contain the informationrequiredinparagraphs 25.10.c.1 through 25.10.c.4. 25.10.b.l. The informationrequiredin subdivisions 25.3.a through 25.3.c. 25.10.b.2. A proposedPALlevel. 25.10.b.3. The sum of the potential to emit of all em1sswns units under the PAL (with supporting documentation).

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25.10.b.4. Any other information the owner or operator wishes the Secretary to consider in determining the appropriate level forrenewing the PAL. 25.10.c. PAL adjustment.

-- In determining whether and how to adjust the PAL, the Secretary shall consider the options outlined inparagraphs 25.10.d.l and 25.10.d.2. However, in no case may any such adjustmentfail to comply withparagraph 25.10.d.3. 25.10.c.l. Ifthe emissions level calculated in accordance with subsection 25.6 is equal to or greater than 80 percent ofthe PAL level, the Secretary may renew the PAL at the same level without considering the factors setforth inparagraph 25.10.d.2; or 25.10.c.2. The Secretary may set the PAL at a level that he or she determines to be more representative of the source's baseline actual emissions, or that he or she determines to be more appropriate considering air quality needs, advances in control technology, anticipated economic growthin the area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as specifically identifiedby the Secretary inhis orherwrittenrationale. 25.10.c.3. Notwithstanding paragraphs 25.10.d.l and 25.10.d.2: 25.10.c.3.A. Ifthe potential to emit ofthe major stationary source is less than the PAL, the Secretary shall adjust the PALto a level no greaterthanthe potential to emit ofthe source; and 25.10.c.3.B. The Secretary shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has compliedwith the provisions ofsubsection 25.11 (increasing a PAL). 25.10.d. Ifthe compliance date for a State or Federal requirement that applies to the PAL source occurs during the PAL effective period, and if the Secretary has not already adjusted for such requirement, the PAL shall be adjusted at the time ofPAL permit renewal or title V permit renewal, whichever occurs first. 25.11.Increasing a PAL during the PAL effective period. 25.ll.a. The Secretary may increase a PAL emission limitation only ifthe major stationary source complies withthe provisions inparagraphs 25.ll.a.l and 25.ll.a.2. 25.ll.a.l. The owner or operator of the major stationary source shall submit a complete application to request an increase inthe PAL limit for a PAL majormodification. Such application shall identifY the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or exceedits PAL. 25.ll.a.2. As part of this application, the major stationary source owner or operator shall demonstrate that the sum ofthe baseline actual emissions ofthe small emissions units, plus the sum ofthe baseline actual emissions of the significant and major emissions units assuming application ofBACT equivalent controls, plus the sum ofthe allowable emissions ofthe new or modified emissions unit(s) exceeds the PAL. The level of control that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time

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the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unitmust currently comply. 25.1l.a.3. The owner or operator obtains a major NSR permit for all enusswns unit(s) identified in paragraph 25.1l.a.1, regardless ofthe magnitude ofthe emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the major NSR process (for example, BACT), even though they have also become subject to the PAL or continue to be subjectto the PAL. 25.1l.a.4. The PALpermit shall require that the increasedPALlevel shall be effective on the day any emissions unitthatis part ofthe PAL major modification becomes operational andbegins to emit the PALpollutant. 25.1l.b. The Secretary shall calculate the new PAL as the sum ofthe allowable emissions for each modified or new emissions unit, plus the sum ofthe baseline actual emissions ofthe significant andmajor emissions units (assuming application of BACT equivalent controls as determined in accordance with paragraph 25.1l.a.2), plus the sum ofthe baseline actual emissions ofthe small emissions units. 25.1l.c. The PALpermit shall be revisedto reflect the increasedPALlevel pursuant to the public notice requirements ofsubsection 25.5. 25.12.Monitoring requirements for PALs. 25.12.a. General requirements. 25.12.a.l. Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions ofthe PAL pollutant interms ofmass per unit of time. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in a judicialproceeding to enforce the PALpermit. 25.12.a.2. The PAL monitoring system must employ one or more of the four general monitoring approaches meeting the minimum requirements set forth in paragraphs 25.12.b.1 through 25.12.b.4 andmustbe approvedby the Secretary. 25.12.a.3. Notwithstanding paragraph 25.12.a.2, you may also employ an alternative monitoring approachthat meets paragraph 25.12.a.1 ifapprovedby the Secretary. 25.12.a.4. Failure to use a monitoring system that meets the requirements ofthis rule renders the PALinvalid. 25.12.b. Minimum performance requirements for approved monitoring approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimumrequirements in subdivisions 25.12.c through 25.12.i:

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25.12.b.l. Mass balance calculations for activities using coatings or solvents; 25.12.b.2. CEMS; 25.12.b.3. CPMS orPEMS; and 25.12.b.4. Emissionfactors. 25.12.c. Mass balance calculations.

-- An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements: 25.12.c.l. Provide a demonstrated means of validating the published content of the PAL pollutantthatis containedin or createdby all materials usedin or at the emissions unit; 25.12.c.2. Assume that the emissions unit emits all ofthe PAL pollutant that is contained in or createdby any raw material orfuel used in or at the emissions unit, ifit cannot otherwise be accounted for inthe process; and 25.12.c.3. Where the vendor ofa material or fuel, which is used in or at the emissions unit, publishes a range ofpollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the Secretary determines there is site-specific data or a site-specific monitoring programto support another contentwithinthe range. 25.12.d. CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meetthe following requirements: 25.12.d.l. CEMS must comply with applicable Performance Specifications found in 40 CFR Part 60, appendix B; and 25.12.d.2. CEMS must sample, analyze and record data at least every 15 minutes while the emissions unit is operating. 25.12.e. CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements: 25.12.e.l. The CPMS orthe PEMS mustbe based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation ofthe emissions unit; and 25.12.e.2. Each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the Secretary, while the emissions unit is operating. 25.12.f. Emission factors.

-- An owner or operator using em1sswn factors to monitor PAL pollutant emissions shall meet the following requirements: 25.12.f.l.All emission factors shall be adjusted, if appropriate, to account for the degree of



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uncertainty orlimitations inthe factors' development; 25.12.f.2.The emissions unit shall operate within the designated range ofuse for the emission factor, ifapplicable; and 25.12.f.3.Iftechnically practicable, the owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within 6 months ofPAL permit issuance, unless the Secretary determines thattesting is notrequired. 25.12.g. A source owner or operator must record andreportmaximumpotential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period oftime that there is no monitoring data, unless another method for determining emissions during suchperiods is specifiedinthe PALpermit. 25.12.h. Notwithstanding the requirements in subdivisions 25.12.c through 25.12.g, where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the Secretary shall, at the time ofpermitissuance: 25.12.h.l. Establish default value(s) for determining compliance with the PAL based on the highestpotential emissions reasonably estimated at such operating point(s); or 25.12.h.2. Determine that operation ofthe emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL. 25.12.i. Re-validation.

-- All data used to establish the PAL pollutant must be re-validated through performance testing or other scientifically valid means approved by the Secretary. Such testing must occurat least once every 5years afterissuance ofthePAL. 25.13.Recordkeeping requirements. 25.13.a. The PAL permit shall require an owner or operator to retain a copy of all records necessary to determine compliance with any requirement of section 28 and of the PAL, including a determination ofeach emissions unit's 12-monthrolling total emissions, for 5years from the date ofsuch record. 25.13.b. The PAL permit shall require an owner or operator to retain a copy ofthe following records for the duration ofthePAL effective periodplus 5years: 25.13.b.l. A copy ofthe PAL permit application and any applications for revisions to the PAL; and25.13.b.2. Each annual certification ofcompliance pursuantto title V andthe data relied onin certifYing the compliance. 25.14.Reporting and notification requirements.

-- The owner or operator shall submit semi-annual monitoring reports andprompt deviation reports to the Secretary in accordance with the applicable title V

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operating permit program. The reports shall meet the requirements in subdivisions 25.14.a through 25.14.c. 25.14.a. Semi-annual report.-- The semi-annual report shall be submitted to the Secretary within 30 days of the end of each reporting period. This report shall contain the information required in paragraphs 25.14.a.l through 25.14.a.7. 25.14.a.l. The identification ofowner and operator andthe permitnumber. 25.14.a.2. Total annual emissions (tons/year) based on a 12-month rolling total for each monthinthe reporting periodrecordedpursuant to subdivision 25.13.a. 25.14.a.3. All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, in calculating the monthly and annual PALpollutant emissions. 25.14.a.4. A list of any emissions units modified or added to the major stationary source during the preceding 6-monthperiod. 25.14.a.5. The number, duration, and cause of any deviations or monitoring malfunctions (otherthanthe time associated with zero and span calibration checks), and any corrective actiontaken. 25.14.a.6. A notification ofa shutdown ofany monitoring system, whether the shutdownwas permanent ortemporary, the reasonfor the shutdown, the anticipated date that the monitoring systemwill be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation ofthe emissions of the pollutant orthe number determinedby methodincludedinthe permit, as providedby subdivision 25.12.g. 25.14.a.7. A signed statement by the responsible official (as defined by the 45CSR30-2.38) certifying the truth, accuracy, and completeness ofthe informationprovidedinthe report. 25.14.b. Deviation report.-- The major stationary source owner or operator shall promptly submit reports ofany deviations or exceedance ofthe PALrequirements, including periods where no monitoring is available. A report submitted pursuant to 45CSR30-5.l.c.3 shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by the applicable program implementing 45CSR30-5.l.c.3. The reports shall containthe following information: 25.14.b.l. The identification ofowner and operator andthe permitnumber; 25.14.b.2. The PALrequirement that experiencedthe deviation orthat was exceeded; 25.14.b.3. Emissions resulting from the deviation orthe exceedance; and 25.14.b.4. A signed statement by the responsible official (as defined by the applicable title V operating permit program) certifying the truth, accuracy, and completeness ofthe informationprovidedin the report. 25.14.c. Re-validationresults.-- The owner or operator shall submit to the Secretary the results of any re-validationtest ormethodwithin 3 months after completion ofsuchtest ormethod.

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25.15.Transitionrequirements. 25.15.a. The Secretary may not issue a PAL that does not comply with the requirements in subsections 25.1 through 25.15 after the effective date ofEPA approval and promulgation ofa revisionto the WV SIP incorporating this rule. 25.15.b. The Secretary may supersede any PAL that was established prior to the effective date of EPA approval and promulgation of a revision to the WV SIP incorporating this rule with a PAL that complies withthe requirements ofsubsections 25.1 through 25.15. §45-14-26. Inconsistency Between Rules. 26.1. In the event of any inconsistency between this rule and any other rule of the West Virginia Department ofEnvironmental Protection, suchinconsistency shall be resolvedbythe determination ofthe Secretary and such determination shall be based upon the application ofthe more stringent provision, term, condition, method orrule.

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