ENCLOSURE 1
**COMMONWEA LTH OF VIRGINIA**  **STA TE IMPLEMENTA** 

**TION PLA N REVISION**  **FOR IMPLEMENTA** 

**TION OF BEST A**  **VA ILA**  **BLE RETROFIT TECHNOLOGY STA**  **TE OPERA**

**TING PERMIT FOR**  **O -**  **N Minerals (Chemstone)**
Section 110 of the federal Clean Air Act prescribes the requirements for the contents, adoption and submittal of the state implementation plan (SIP)

. Section 110 (a)(2)(D)(i)(II) requires that the plan contain adequate provisions prohibiting emissions in amounts which will interfere with measures required to be included in the plan to pre vent significant deterioration of air quality or to protect visibility. Part C (Prevention of Significant Deterioration of Air Quality) of § 160 establishes the purposes of the part as follows: (1) to protect public health and welfare from any actual o r potential adverse effect which in the Adm inistrator's judgment may reasonably

be anticipated to occur from air pollution or from exposures to pollutants in other media, which pollutants originate as emissions to the ambient air, notwithstanding attainm en t and maintenance of all national ambient air quality standards; (2) to preserve, protect and enhance the air quality in national parks, national wilderness areas, national m onum ents, national seashores, and other areas of special national or regional n atural, recreational, scenic or historical value; (3) to insure that economic growth will occur in a manner consistent with the preservation of existing clean air resources; (4) to assure that emissions from any source in any

state will not interfere with any portion of the applicable im plem entation plan to prevent significant deterioration of air quality for any other state; and (5) to assure that any

decision to permit increased air pollution in any area to which this section applies is made only after careful evaluation of all the consequences of such a decision and after adequate procedural opportunities for informed public participation in the decision making process. Section 165 addresses the preconstruction requirements for major sources to be built in areas classified as PSD areas (federal c lass I areas). Section 165 (b)(2) addresses the responsibility of the federal land manager that has authority over federal class I areas: The Federal Land Manager and the Federal official charged with d irect responsibility for ma nagem ent of such lands shall have an affirmative responsibility to protect the air quality related values (including visibility) of any such lands within a class I area and to consider, in consultation with the Adm inistrator, whether a proposed major emitting facility will have an adverse im pact on such values.

. . . In cases where the Federal Land Manager demonstrates to the satisfaction of the state that the emissions from such facility will have an adverse im pact on the air qua lity related values(including visibility)

. . . a permit shall not be issued.

Section 169(A) addresses visibility protection for federal class I areas: Congress hereby

declares as a national goal the prevention of any future, and the remedying of any existing, impairment of visibility in m andatory

class I Federal areas which impairment results from ma nm ade air pollution. This section also provides timeframes by which the Secretary of the Interior and the Administrator will interact to assess visibility , develop federal regulations including specific source exemptions and public participation and the promulgation of those regulations. Section 169(B) addresses the need for studies and assessment of current sources of visibility, impacts of other provisio ns, establishment of visibility transport regions and commissions, duties of the Administrator and the establishment of the Grand Canyon Visibility Transport Commission. 40 CFR 51.166, SIPs for new source review and source modifications, requires that the plans (in accordance with the policy of § 101(b)(1) and the purpose of § 160 contain emission limitations and such other measures as may be necessary to prevent significant deterioration of air quality. V isibility is specifically addressed in 40 CFR 51.1 66 (o) , a dditional impact analysis: (1) The owner or operator shall provide an analy sis of the 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.... 40 CFR 51.166 (p) addresses sources affecting federal c lass I areas
- additional requirements. (p)(2) The Federal Land Manager and the Federal official charged with direct responsibility for ma n agem ent of Class I lands have an affirmative responsibility to protect the air quality related values (including visibility) of any such lands and to consider, in consultation with the with the Adm inistrator, whether a proposed source or modification would have an adverse impact on such values. On July 1, 1999, EPA published a final rule to address regional haze (64 FR 35714). The regional haze rule requires states to submit SIPs to address regional haze visibility impairment in federally protected parks and wilderness areas, which are known as “mandatory Class I federal areas” or “Class I areas.” The 1999 rule was issued to fulfill the requirements of §§ 169A and 169B. In this rule, EPA included a requirement for BART for certain large stationary source s that were put in place between 1962 and 1977. The regulatory requirements for BART were codified at 40 CFR 51.308(e) and in definitions that appear in 40 CFR 51.301. Sections 169A(b)(2)(A) and 169A(g)(7) use the term “major stationary source” to descri be those sources that are the focus of the BART requirement. To avoidconfusion with other requirements which also use the term “major stationary source,”

the regional haze rule uses the term “BART
- eligible source.” BART
- eligible sources (i) have the pot ential to emit 250 tons or more of a visibility
- impairing air pollutant, (ii) were in place between August 7, 1962 and August 7, 1977, and (iii) have operations that fall within one or more of 26 listed source categories. BART is required for any BART
eli gible source which a state determines “emits any air pollutant which may reasonably be anticipated to cause or contribute to any impairment of visibility in any such area.” Accordingly, for stationary sources meeting these criteria, states must address th e BART requirement when developing regional haze SIPs. Section 169A(g)(7) requires that states consider the following factors in making BART determinations: (i) the costs of compliance, (ii) the energy and nonair quality environmental impacts of complianc e, (iii) any existing pollution control technology in use at the source, (iv) the remaining useful life of the source, and (v) the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology. These sta tutory factors for BART were codified at 40 CFR 51.308(e)(1)(ii). In response to various legal challenges , the D.C. Circuit Court issued a ruling in 2002 striking down the regional haze rule in part and upholding it in part. On July 6, 20 05 (70 FR 39103) , EPA promulgated final regulations to address the court’s decisions (40 CFR 51.302 and 51.308), and to provide BART determination guidance (Appendix Y to 40 CFR Part 51). The purpose of the guidelines is to assist states as they identify which of their B ART
- eligible sources should undergo a BART analysis, and select controls in light of the statutory factors (the BART determination). O
- N Minerals (Chemstone) Company , located in Shenandoah County, Virginia, has been identified as a source subject to the B ART requirements

. A legally enforceable mechanism (federally enforceable state operating permit) has been drafted to ensure compliance with the BART requirements and is included as Attachment A. Attachment B presents the statement of basis to support the terms and conditions of the permit , including the determination and analysis to support the BART determination for the control of visibility
- impairing pollutants ( particulate matter, nitrogen oxides, and sulfur dioxide) from the facility. The permit is b eing issued pursuant to Article 52 (9 VAC 5
-40
- 7550 et seq.) of 9 VAC 5
-40 (Existing Stationary Sources) and Article 5 (9 VAC 5
- 80
- 800 et seq.) of 9 VAC 5
- 80 (Permits for Stationary Sources) of state regulations and is federally enforceable upon issuance.

TEMPLATES \SOURCE
- SPECIFIC\ PLN01 SRCESPEC\ O
- N MINERALS \ ONM
- SIP
- 1 .DOCATTACHMENT A
**LEGA LLY ENFORCEA** **BLE MECHA NISM (PERMIT)**  **TO ENSURE COMPLIA NCE WITH**  **BA RT**  **REQUIREMENTS FOR**  **O -**  **N Minerals (Chemstone) Company**  **Shenandoah County**  **, Virginia Registration No.**  **80252** Under the au thority provided in 9 VAC 5
- 170
- 180 and Section I I of Agency Policy Statement No. 3
- 200 6 (dated October 20, 200 6 ) , the Director of the Valley Regional Office approved and issued the permit on December 28, 2009 , to be effective that same day. The permit wa s approved and issued following the procedural requirements of Virginia's federally enforceable state operating permit program, Article 5 (9 VAC 5
- 80
- 800 et seq.) of Part II of 9 VAC 5
- 80 (Permits for Stationary Sources)

.REMOVE THIS PAGE AND INSERT CO PY OF PERMIT

EPA REQUIREMENTS: Wh en submitting a permit, plan approval or consent agreement/order to be approved as a source
- specific SIP revision, be certain that it has no expiration date. EPA cannot SIP approve a document with an expiration date. You may issue them to sources with an expiration date, but must remove the expiration date if you submit the permit, plan approval or consent agreement/ order as a SIP revision.ATTACHMENT B
**STA TEMENT OF BA** **SIS FOR DETERMINA** 

**TION OF THE CONTROL OF VISIBILITY**  **- IMPA** **IRING PO LLUTA**  **NTS**

**FROM O**  **- N Minerals (Chemstone)**  **Company Shenandoah County**  **, Virginia Registration No.**  **80252**REMOVE THIS PAGE AND INSERT COPY OF STATEMENT OF BASIS

EPA REQUIREMENTS: Wh en submitting a permit, plan approval or consent agreement/order as a sourc e - specific SIP revision imposing emission reduction requirements under a SIP
- approved generic rule, you must include a document generated by your agency in which your agency evaluates the source’s emissions reduction plan against all of the requirements of your approved generic rule. In this document, your agency must determine and conclude what the appropriate emission reduction requirements are for each applicable emission unit. The form of this document can be a memorandum from a staff project officer/engineer to the file or to his/her supervisor. A source - specific SIP revision is incomplete that only includes the source’s (company’s) proposal and the permit, plan approval or consent agreement/order. That said, the company’s proposal/pl an must also be included in the state submittal and may not be simply cited or referenced.**COMMONWEA LTH OF VIRGINIA**  **STA TE IMPLEMENTA** 

**TION PLA N REVISION**  **FOR IMPLEMENTA** 

**TION OF BEST A**  **VA ILA**  **BLE RETROFIT TECHNOLOGY ENGINEERING A**  **NA LYSIS** 

**FOR O**  **- N Minerals (Chemstone)**  **Company She**  **nandoah County , Virginia**  **Registration No. 80252 FEDERA**  **L LA ND MA**  **NA GER REVIEW**  As provided in 40 CFR 51.302(b)(2), the FLMs were given the opportunity to comment on this permit on January 15, 2009. NPS provided comments on March 2, 2009; DEQ responded to the comments in a letter dated September 22, 2009. This correspondence is attached.REMOVE THIS PAGE AND INSERT FLM DOCUMENTS