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### AMESDMESTTO ESISTISG RULE Yes 

### TITLE-SERIES 15-30 

### RULE SAME Requirements for Operating Pennits 

# eFILED 4/7/2015 9:35:26 

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### SECTIOS PASSED OS S64-3-l(d) 03!31:2015 

### THIS RULE IS FILED \\?TH THE SECRETARE70FST.ATE THIS RULE BECOMES EFFECTI\.E 0s THE FOLLOIVISG DATE Friday: \lay 01: 2015



### BY CHOOSISG 'YES'. I ATTEST THAT THE PRE\.IOUS STATE\,lESTS ARE TRUE ASD CORRECT

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### Boggs -- 

### B:- n~>- signature, I certif:- that I am the person authorized to file legislati\-erules, in accordance with \Vest \-irginia Code S29.1-3-11 and S39.l-3-2.

Title-Series: 45-30 Rule Id: 9481 Document: 26567

### TITLE 45 LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY SERIES 30 REQUIREMENTS FOR OPERATING PERMITS

545-30-1. General. 1.1. Scope. --Thisruleprovides for the establishmentof acomprehensiveair qualitypermittingsystem consistent with therequirements ofTitle V ofthe Clean Air Act. All fees collectedpursuantto this rule shall be expended solely to cover all reasonable direct and indirect costs required to administer the Title V operatingpermit program and accounted for in accordance with this rule. 1.2. Authority. -- W.Va. Code $22-5-4.

1.4. Effective Date. -- May 1, 2015 1.5. Former Rules. -- This legislative rule amends 45CSR30 "Requirements for Operating Permits" which was filed May 1, 2013, and which became effective June 1,2013. 

### 545-30-2. Definitions. 2.1. "Actual emissions" means, for the purpose of sections 

### 7 and 

### 8, the actual total mass of regulated air pollutants emitted to the atmosphere during a particular calendar year and includes all routine as well as non-routine (e.g. abnormal or emergency operations) emissions. 2.2. "Affected source" means a source that includes one or more affected units under 45CSR33 and Title IV of the Clean Air Act (Acid Deposition Control). 2.3. "Affected states" are all states: 2.3.a. Whose air quality may be affected and that are contiguous to the state in which a Title V operatingpermit, permit modification or permit renewal is being proposed; or 2.3.b. That are within fifty (50) miles of the permitted source. 2.4. "Affected unit" means a fossil fuel-fired combustion device that is subject to emission reduction requirements or limitationsunder 45CSR33 and Title IV of the Clean Air Act. 2.5. "Air pollutant" has the meaning ascribed to it in $302 of the Clean Air Act 2.6. "Alternative operating scenario" or "AOS" means a scenario authorized in a permit pursuant tosection 3that involves a change atthe source for aparticular emissions unit, and that either results in the unit being subjectto one ormore applicable requirements which differ fromthoseapplicabletothe emissions unit priorto implementationofthechange or renders inapplicable oneormore requirements previously applicable to the emissions unit prior to implementation of the change. 2.7. "Applicable requirements" means all of the following as they apply to emissions units in a Title V source. 2.7.a. Any standard or other requirement provided for in the State ImplementationPlan approved by U.S. EPA or promulgated by U. S. EPA through rulemaking under Title I of the Clean Air Act that implements the relevant requirements ofthe Act, including any revisions to that State Implementation Plan; 2.7.b. Any term or condition of any preconstmction permits issued pursuant to regulations approved or promulgated through rulemaking under Title I, includingparts C or D, of the Clean Air Act, including any permits issued under 

### 45CSR13,45CSR14,45CSR15, and 45CSR19; 2.7.c. Any standard or other requirement under 

### $ 111, including 

### $ 11l(d), of the Clean Air Act; 2.7.d. Any standard or other requirements under 

### $ 112ofthe Clean Air Act, including any requirement concerning accident prevention under 

### $ 112(r)(7)of the Clean Air Act, but not including the contents of any risk management plan required under 

### $ 112(r) of the Clean Air Act; 2.7.e. Any standard or other requirement ofthe acid deposition control programunder Title IV of the Clean Air Act or the regulations promulgated thereunder; 2.7.f. Any requirements established pursuant to $504(b) or $114(a)(3) of the Clean Air Act; 2.7.g. Any standard or other requirement under 

## $8 126(a)(l) and (c) of the Clean Air Act; 2.7.h. Any standard or other requirement governing solid waste incineration under 

### $ 129ofthe Clean Air Act; 2.7.i. Any standard or other requirement for consumer and commercial products under 

### $ 183(e)ofthe Clean Air Act; 2.7.j. Any standard or other requirement for tank vessels under $183(f) of the Clean Air Act; 2.7.k. Any standard or otherrequirement ofthe regulationspromulgated toprotect stratospheric ozone under Title VI of the Clean Air Act, unless the Secretary determines that such requirements need not be contained in a Title V permit pursuant to an exemption by U.S. EPA; 2.7.1. Any national ambient air quality standard or increment or visibility requirement under part C ofTitle I ofthe CleanAir Act, but only as it would applyto temporay sources permitted pursuant to $504(e) of the Clean Air Act; 2.7.m. Any emissions cap and related requirements established for the source by agreement with the Secretay and U.S. EPA or otherwise applicable under the rules of the West Virginia Department of Environmental Protection; and2.7.n. Any requirement imposed pursuant to the provisions of45CSR4 and 45CSR27 and any other state-only requirement for state enforceable purposes only. 2.8. "Approved replicablemethodology" or "ARMmeans terms in apermitpursuantto section 3 that: 2.8.a. Specify a protocol which is consistent with and implements an applicable requirement, or requirement of this rule, such that the protocol is based on sound scientific andlor mathematical principles and provides reproducible results using the same inputs; and 2.8.b. Require the results ofthat protocol to be recorded and used for assuring compliance with such applicable requirement, any other applicable requirement implicated by implementation of the ARM, or requirement of this rule, including where an ARM is used for determining applicability of a specific requirement to a particular change. 2.9. "Area source" means any non-major source subject to a standard or other requirement under 

### $ 112 of the Clean Air Act. 2.10. "Clean Air Act" means the Clean Air Act, 42 U.S.C. $7401, et seq., as amended 2.11. "Construction" means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emission unit) which would result in a change in actual emissions. 2.12. "Department of Environmental Protection" or "DEP means the Department of Environmental Protection as created by the provisions of W.Va. Code $22-1-1 et seq. 2.13. "Designated representative" shall have the meaning given to it in $402(26) of the Clean Air Act and the regulations promulgated thereunder. 2.14. "Draft permit" means the version of a permit for which the Secretaq offers public participation under subsection 6.8 or affected state review under subsection 7.2. 2.15. "Effective date ofthe operating permit program" means the datethat U.S. EPA formally provides interim, partial, or full approval of the operating permit programs established under this rule. 2.16. "Emissions allowable under the permit" means a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or an enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject. 2.17. "Emission point" means a stack, vent, process unit, or a definable area (such as an open materials storage yard) from which the emission of any air pollutant occurs. 2.18. "Emissions unit" means any part or activity of a stationaq source that emits or has the potential to emit any regulated air pollutant or any pollutant listed under 

### $ 112(b)of the Clean Air Act. This term is not meant to alter or affect the definition ofthe term "affected unit" for purposes ofTitle IV ofthe Clean Air Act (Acid Deposition Control).2.19. "Enforceable" means enforceable by the Secretaly and U.S. EPA, unless specifically designated to mean otherwise. 2.20. "EPA" or "U.S. EPA" means the United States Environmental Protection Agency. 2.21. "Final permit" means the Title V operating permit issued pursuant to this rule that has completed all review procedures required under sections 

### 6 and 7. 2.22. "Fugitive emissions" are those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening. 2.23. "General permit" means a Title V operating permit that meets the requirements of subsection 5.4. 2.24. "Hazardous air pollutant" means any substance listed on Table 45-30A 2.25. "Case-by-case maximum achievable control technology" or "MACT" means an emissions limitation requiring the application of the maximum degree of reduction and control which the Secretary determines is achievable for each source or categoly of source which requires a case-by-case MACT determination pursuant to the provisions of subsections 12.1, 12.2,and 12.3. 2.25.a. In the case of sources constructed or modified after the effective date of this rule, MACT shall not be less stringent than the most stringent emissions level that is achieved in practice by similar sources or processes. 2.25.b. For existing sources, MACT may be less stringent than MACT requirements for new or modified sources in the same categoly,but shall not be less stringent than the following: 2.25.b. 1. For categories or subcategories with thirty (30) or more sources, the average emission limitation achieved by the best performing twelve (12) percent of the existing sources in the United States (for which the Secretary has or can reasonably obtain emission information). In making this determination the Secretaly shall exclude sources that have achieved a level of emission rate or emission reduction equivalentto the lowest achievable emissionrate (as defined in 

## 8 171ofthe Clean Air Act) applicable to the source categoly and prevailing at the time; or 2.25.b.2. The average emission limitation achieved by the best performing five (5) sources in the United States (for which the Secretaly has or could reasonably obtain emissions information) within a categoly or subcategoly with fewer than thirty (30) sources in the United States. 2.25.c. For all facilities, MACT shall represent the maximum degree of emission reduction that the Secretaly determines is achievable taking into consideration the cost of achieving such emission reduction, and public health and environmental impacts. 2.25.d. MACT measures shall include but not be limited to measures which: 2.25.d. 1. Reduceor eliminatethe emissionrate ofhazardous air pollutants through process changes or substitution of materials; 2.25.d.2. Enclose or seal equipment or systems to eliminate hazardous air pollutant emissions;2.25.d.3. Collect, capture, destroy andlor otherwise treat hazardous air pollutants released from a process, stack storage, or fugitive emissions point; 2.25.d.4. Are work practice or operational methods; or 2.25.d.5. Are a combination of the above 2.26. "Major source" means any stationary source (or any group of stationaq sources that are located on one or more contiguous or adjacent properties, and are under common control of the same person (or persons under common control)) belonging to a single major industrial grouping and that is described in subdivisions 2.26.a, 2.26.b, or 2.26.c. For the purpose of defining "major source," a stationaq source or group of stationaq sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent propertiesbelong to same Major Group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987,except that aresearch and developmentfacilitymay be treated as a separate source fromother stationaq sources that are part of the same industrial grouping, are located on contiguous or adjacent property, and are under common control. 2.26.a. A major source under 

### $ 112 of the Clean Air Act, which is defined as: 2.26.a.1. For pollutants other than radionuclides, any stationaq source or group of stationaq sourceslocated within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, ten (10) tons per year (tpy) or more of any hazardous air pollutant which has been listed pursuant to 

### $ 112(b) of the Clean Air Act, or twenty-five (25) tpy or more of any combination of such hazardous air pollutants. Refer to Table45-30A for a listing ofhazardous air pollutantsregulated pursuant to thisrule. Notwithstandingthepreceding sentence,emissions fromany oil or gasexplorationor production well (with its associated equipment) and emissions from any pipeline compressor or pump station shallnot be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or 2.26.a.2. Radionuclides. -- In the event the Secretaq obtainsregulatoq authority to implement federalrequirements regarding radionuclides, the Secretaq shall define "major source" consistentwith the federalrequirements. 2.26.b. A major stationaq source of air pollutants, as defined in $302 of the Clean Air Act, that directly emits or has the potential to emit, one hundred (100) tpy or more of any air pollutant subject to regulation (includingany major source of fugitiveemissions of any suchpollutant, as determinedby rule of the Secretaq). The fugitiveemissions of a stationary source shallnot be considered in determining whether it is a major stationaq source for the purposes of $302(j) ofthe CleanAir Act, unless the source belongs to one of the following categories of stationaq sources: 2.26.b.1. Coal cleaning plants (with thermal dyers); 2.26.b.2. Kraft pulp mills; 2.26.b.3. Portland cement plants; 2.26.b.4. Primaq zinc smelters;

### 2.26.b.5. Iron and steel mills; 2.26.b.6. Primaq aluminum ore reduction plants; 2.26.b.7. Primaq copper smelters; 2.26.b.8. Municipal incinerators (or combination thereof) capable ofcharging more than fifty (50) tons of refuse per day; 2.26.b.9. Hydrofluoric, sulfuric, or nitric acid plants; 2.26.b. 10. Petroleum refineries; 2.26.b. 11. Lime plants; 2.26.b. 12. Phosphate rock processing plants; 2.26.b. 13. Coke oven batteries; 2.26.b.14. Sulfur recovev plants; 2.26.b. 15. Carbon black plants (furnace process); 2.26.b. 16. Primaq lead smelters; 2.26.b. 17. Fuel conversion plants; 2.26.b. 18. Sintering plants; 2.26.b. 19. Secondaq metal production plants; 2.26.b.20. Chemical process plants -thetermchemicalprocessingplant

### shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140; 2.26.b.21. Fossil-fuel boilers (or combination thereof) totaling more than 150 million British thermal units per hour heat input; 2.26.b.22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 2.26.b.23. Taconite ore processing plants; 2.26.b.24. Glass fiber processing plants; 2.26.b.25. Charcoal production plants; 2.26.b.26. Fossil fuel-fired steam electric plants of more than 250 million British thermal units

### per hour heat input; 2.26.b.27. Ammonium sulfate manufacturing plants; 2.26.b.28. Asphalt concrete plants; 2.26.b.29. Asphalt processing/roofing manufacturing plants; 2.26.b.30. Bulk gasoline terminals; 2.26.b.3 1. Dry cleaning plants; 2.26.b.32. Glass manufacturing plants; 2.26.b.33. Grain elevators; 2.26.b.34. Graphic arts (rotogravure) plants; 2.26.b.35. Hazardous waste incineration facilities; 2.26.b.36. Lead-acid battely manufacturing plants; 2.26.b.37. Mineral processing plants; 2.26.b.38. Natural gas processing facilities; 2.26.b.39. Phosphate fertilizer production and storage facilities; 2.26.b.40. Rubber tire manufacturing plants; 2.26.b.41. Sewage treatment plants; 2.26.b.42. Synthetic fiber production plants; 2.26.b.43. Surface coating and printing operations; and 2.26.b.44. Any other stationary source category, which as ofAugust 7, 1980is being regulated under $8111 or 112 of the Clean Air Act. 2.26.c. A major stationaq source as defined in Part D of Title I 

### of the Clean Air Act, including: 2.26.c. 1. For ozone nonattainment areas, sources with the potential to emit one hundred (100)tons or more per year of volatile organic compounds (VOCs) or oxides of nitrogen (NO,) in areas classified as "marginal" or "moderate," fifty (50) tons or more per year in areas classified as "serious," twenty-five (25) tons or more per year in areas classified as "severe," and ten (10) tons or more per year in areas classified as "extreme"; exceptthatthe references in this clause to one hundred (loo),fifty (50),twenty-five (25), and ten (10) tons per year ofnitrogen oxides shall not apply with respect to any source for which U.S. EPA has made a finding, under 

## 8 18l(f)(l)or (2) of the Clean Air Act, that requirements under 

## 8 18l(f)of the CleanAir Act do not apply; 2.26.c.2. For ozone transport regions established pursuant to $184 of the Clean Air Act, sources with the potential to emit fifty (50) tons or more per year of volatile organic compounds (VOCs); 2.26.c.3. For carbon monoxide ("CO) nonattainment areas that are classified as "serious," and in which stationaq sources contribute significantly to carbon monoxide levels, sources with the potential to emit fifty (50) tons or more per year of carbon monoxide; and 2.26.c.4. For particulate matter (PM 10)nonattainment areas classified as "serious," sources with the potential to emit seventy (70) tons or more per year of PM10. 2.27. "Permit" means any permit or group of permits covering a source or sources of emissions that are issued, renewed, amended, or revised pursuant to this rule. 2.28. "Permit modification" means a revision to a Title V operating permit issued under this rule that meets the requirements of subsection 6.5. 2.29. "Permit revision" means any permit modification or administrative permit amendment. 2.30. "Person" means any and all persons, natural or artificial, including the State of West Virginia or any other State, the United States of America, any municipal, statutoq, public, or private corporation, organized or existing under the laws of this or any other state or county, and any firm, partnership, or association of whatever nature. 2.3 1. "Potential to emit" means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacityof a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount ofmaterial combusted, stored, or processed, shallbe treated as part of its design if the limitationis enforceable. This term does not alter or affect the use of this term for any other purposes under the Clean Air Act, or the term "capacity factor" as used in Title IV of the Clean Air Act (Acid Deposition Control) or the regulations promulgated thereunder. 2.32. "Proposed permit" means the version of apermitthat the Secretaqproposes to issue and forwards to U.S. EPA for review in compliance with section 7. 2.33. "Regulated air pollutant" means the following: 2.33.a. Nitrogen oxides (NO,) or any volatile organic compound; 2.33.b. Any pollutant for which a national ambient air quality standard has been promulgated; 2.33.c. Any pollutant that is subjectto any standardpromulgated under 

### $ 111ofthe Clean Air Act; 2.33.d. Any Class I or I1 substance subject to a standardpromulgated under or established by Title VI of the Clean Air Act ($602). Refer to Table 45-30B for a listing of Class I and I1 substances regulated pursuant to this rule;2.33.e. Any pollutant subject to a standard or other requirement under 

### $ 112 of the Clean Air Act, including $8112(g), (j), and (r), including the following: 2.33.e. 1. Any pollutant subject to requirements under 

### $ 112(j)of the Clean Air Act. If the U.S. EPA fails to promulgate a standard by the date established pursuant to 

### $ 112(e) of the Clean Air Act, any pollutant for which a subject source would be major shall be considered to be regulated on the date 18 months after the applicable date establishedpursuant to $112(e) of the Clean Air Act. 2.33.e.2. Any pollutant for which the requirements of 

### $ 112(g)(2) ofthe Clean Air Act have been met, but only with respect to the individual source subject to that 

### $ 112(g)(2)requirement. 2.33.f. Any otherpollutantregulatedby theWestVirginiaDepartment ofEnvironmenta1Protection under an emission standard or ambient air quality standard. 2.34. "Regulated pollutant (for fee calculation),"which is used only for purposes of section 8, excludes greenhouse gases as defined in 40 CFR $86.1818-12(a)and means any "regulated air pollutant" exceptthe following: 2.34.a. Carbon monoxide provided that emissions of carbon monoxide do not fall under the provisions of paragraph 2.26.c.3; 2.34.b. Any Class I or I1 substance which is a regulated air pollutant solely because it is listed pursuant to $602ofthe Clean Air Act. Referto Table45-30B for a listing of Class I and Class I1 substances; 2.34.c. Any pollutant that is a regulated air pollutant only because it is subject to a standard or regulation under 

### $ 112(r)of the Clean Air Act; or 2.34.d. Any pollutant that is a regulated air pollutant solely because it is listed in 45CSR27. 2.35. "Relocation" means the physical movement of a source outside its existingplant boundaries. 2.36. "Renewal" means the process by which a permit is reissued at the end of its term. 2.37. "Research and development facility" means sourceswhose activities are conducted for nonprofit scientific or educational purposes; sourceswhose activities are conducted to test more efficientproduction processes or methods for preventing orreducingadverse environmentalimpacts,provided that the activities do not include the production of an intermediate or finalproduct for sale or exchange for commercialprofit; a research or laboratoq facility the primaq purpose of which is to conductresearch and development into new processes and products, that is operated under the close supervision of technically trained personnel, and that is not engaged in the manufacture of products for sale or exchange for commercial profit; or the experimental firing of any fuel or combination of fuels in a boiler, heater, furnace, or dqer for the purpose ofconductingresearchanddevelopmentofmore efficientcombustion or more effectiveprevention or control of air pollutant emissions, provided that the heat generated is not used for production purposes or for producing a product for sale or exchange for commercial profit. 2.38. "Responsible official" means one of the following: 2.38.a. For a corporation: a president, secretaq, treasurer, or vice-president of the corporationin

### charge of aprincipal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either: 2.38.a. 1. The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars), or 2.38.a.2. The delegation of authority to such representative is approved in advance by the Secretaq; 2.38.b. For a partnership or sole proprietorship: a general partner or the proprietor, respectively; 2.38.c. For amunicipality,State, Federal, or other public agency: eitheraprincipal executive officer or ranking elected official. For the purposes of this rule, a principal executive officer of a Federal agency includes the chief executive officer having responsibility forthe overall operations of aprincipal geographic unit of the agency (e.g.,a Regional Administrator of U.S. EPA); or 2.38.d. For affected sources: 2.38.d. 1. The designated representative in so far asactions, standards, requirements,orprohibitions under Title IV ofthe CleanAir Act (Acid Deposition Control) or the regulations promulgated thereunder are concerned; and 2.38.d.2. The designated representative for any other purposes under this rule 2.39. "Secretary" means the Secretary of the Department of Environmental Protection or such other person to whom the Secretaqhas delegated authority or duties pursuant to W.Va. Code 8822-1-6 or 22-1-8. 2.40. "Section 502(b)(10)" changes or "§502(b)(10)" changes are changes that contravene an express permit term. Such changes do not include changesthatwould violate applicable requirements or contravene enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements. 2.41. "Source" 0r"stationary source"means, forthepurpose ofthisrule, anybuilding,structure, facility, or installation that emits or may emit any regulated air pollutant or any pollutant listed under 

## 8 112(b)ofthe Clean Air Act. 2.42. "Source-specific permit" means a single Title V operating permit addressing all of the relevant emission units and operations which are subject to applicable requirements at a particular source or major source. 2.43. "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, that requires actual control ofthe quantity of emissions ofthatpollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity. Except that:2.43.a. Greenhouse gases, the airpollutant defmedin40CFR 886.1818-12(a)asthe aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shallnotbe subjecttoregulation unless, as ofJuly 1,2011, the greenhouse gas emissions are at a stationary source emitting or having the potential to emit 100,000 tpy CO, equivalent emissions; and 2.43.b. The term tpy CO, equivalent emissions (C0,e) shall represent an amount of GHGsemitted, and shall be computed by multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant greenhouse gases,by the gas's associated global warming potential published at Table A-1 to SubpartA of40 CFR Part 98 - Global Warming Potentials, and summing the resultant value for each to compute a tpy C0,e. For purposes ofthis subdivision, prior to July 2 1,2014,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, or micro-organisms (including products, by-products, residues and waste from agriculture, forestly 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 and biodegradable organic material). 2.44. "Title V operating permit" means a permit issued under the provisions of this rule 2.45. "Title V source" means a source required to obtain a Title V operating permit. 2.46. "Volatile organic compound" (VOC) means the term as defined in 40 CFR §51.100(s) 2.47. Other words and phrases used in this rule, unless otherwise indicated, shall have the meaning ascribed to them in W.Va. Code 822-5-1 et seq. and 40 CFR 870.2. 

### 545-30-3. Applicability. 3.1. Permit requirement 3.1.a. On and after the effective date of the operating permit program, no person shall violate any requirement of a permit issued under this rule nor shall any person operate any of the following sources, except in compliance with a permit issued under section 6: 3.1.a.1. Any major source; 3.1.a.2. Any source, including an area source, subject to a standard or other requirements promulgated under 

## 8 111 of the Clean Air Act; 3.1.a.3. Any source, including an area source, subject to a standard or other requirements under 

## 8 112ofthe Clean Air Act, except that a source is not required to obtain a permit solely because it is subject to regulations or requirements under 

## 8 112(r) of the Clean Air Act; 3.1.a.4. Any affected source; and 3.1.b. If, on the effective date ofthe operating permit program, a source is not subject to enforceable emissions limitations or such other enforceable measures that require the continued operation and maintenance of air pollution control equipmentand/orother operational limitations that make the sourcenon-

### major, the source shall be treated as a major source subject to the requirements of this rule 3.2. Exemptions and deferrals. 3.2.a. Except as provided in section 4, all sources listed in subsection 3.1that are not major sources, affected sources, or solid waste incinerationunitsrequiredto obtainapermitpursuantto 

## 8 129(e)ofthe Clean Air Act may be deferred by the Secretaq on a specific source categoq basis from the obligation to obtain a Title V 

### operating permit under this rule. Any such deferral by the Secretaq shall be consistent with the timetable establishedby U.S. EPA for non-major sourcesto whichthisrule applies except as providedunder subdivision 4.1.a. 3.2.b. [Reserved] 3.2.c. Unless otherwise required by this rule to have a Title V 

### operating permit, the following source categories are exempted from the obligation to obtain a Title V 

### operating permit: 3.2.c.1. All sources and source categoriesthatwould berequiredto obtainapermit solely because they are subject to 40 CFR Part 60, Subpart 

### AAA (1988) - 

### Standards of Performance for New Residential Wood Heaters; and 3.2.c.2. All sources and source categoriesthatwouldberequiredto obtainapermitsolely because they are subject to 40 CFR Part 61, Subpart M 

### (1984) - 

### National Emission Standard for Hazardous Air Pollutants for Asbestos, 40 CFR 861.145, Standard for Demolition and Renovation. 3.2.d. As provided in this subdivision, the following units or activities within a stationaq source subject to this rule may be deemed to be insignificant: 3.2.d.1. Flares used solely to indicate danger to the public. 3.2.d.2. Combustion units designed and used exclusively for comfort heating that use liquid petroleum gas or natural gas as fuel. 3.2.d.3. Comfort air conditioning or ventilation systems not used to remove air contaminants generated by or released from specific units of equipment. 3.2.d.4. Indoor or outdoor kerosene heaters 3.2.d.5. Space heaters operating by direct heat transfer. 3.2.d.6. Repairs or maintenance where no structural repairs are made and where no new air pollutant emitting facilities are installed or modified. 3.2.d.7. Air contaminant detectors or recorders, combustion controllers or shutoffs. 3.2.d.8. Brazing, solderingor welding equipment used as an auxiliaqto the principal equipment at the source. 3.2.d.9. Any consumer product used in the samemanner as innormal consumer use, provided theuse results in a duration and frequency of exposure which are not greater than those experienced by consumers, and which may include, but not be limited to, personal use items janitorial cleaning supplies, office supplies and supplies to maintain copying equipment. 3.2.d.10. Equipment on the premises of industrial and manufacturing operations used solely for the purpose of preparing food for human consumption. 3.2.d.11. Portable generators 3.2.d.12. Firefighting equipment and the equipment used to train firefighters 3.2.d.13. Such other sources or activities as the Secretary may determine with EPA approval 3.2.e. Potential emissions from the units or activities listed under subdivision 3.2.d. shall not be excluded in the determination as to whether a stationaq source is a major source for the purpose of determining applicability of this rule; nor shall units subject to applicable requirements be deemed to be insignificant emission units. Units or activities deemed insignificant shall be identified in the permit application, and the owner or operator shall upon request provide sufficient information for the Secretaq to verify that such units or activities are insignificant, provided that for all units or activities deemed insignificant because of their size, production rate or amount of pollutant emitted, or for which applicable requirements may apply,the owner or operator shall provide information sufficient forthe Secretaqto verify that the unit or activity is insignificant at the time the permit application is submitted. 3.3. Emission units and sources 3.3.a. For major sources, the Secretaq shall include in the permit all applicable requirements for all emission units in the major source. 3.3.b. For any non-major source,the Secretary shall include in the permit all applicable requirements for emission units that cause the source to be subject to this rule. 3.4. Fugitive emissions. --Fugitiveemissions from a source subject to this rule shallbe included in the permit application and all operating permits issued under this rule in the same manner as stack emissions, regardless of whether the source categoq in question is included in the list of sources contained in the definition of major source. 

### 545-30-4. Application for Permits. 4.1. Duty to apply. --For each source, the owner or operator shall submita timely and complete permit application in accordance with this section. 4.1.a. Timely application 4.1.a. 1. Except asotherwiseprovided, applications for permits for sources which arein existence on the effective date of the operating permit program shall be submitted in accordance with the following schedule: 4.1.a. 1.A. Applications for coalpreparation plants as defined in 40 CFR §§60.250 and 25 1,whether major or minor sources,which are subject to performance standardsunder 40 CFR Part 60, Subpart Y, and all other coal preparation plants which are major sources shall be submitted to the Secretaq within ninety (90) days of the effective date of the operatingpermit program. 4.1.a. 1.B. Applicationsfor natural gas processing plants or natural gas pipeline compressor engines subject to this rule shall be submitted to the Secretaqwithin ninety (90) days of the effective date of the operating permit program. 4.1.a. 1.C. Applicationsfor all hot mix asphaltplants subject to the requirementsof40 CFR Part 60 Subpart I including area sources and all hot mix asphalt plants which are major sources shall be submitted to the Secretarywithin ninety (90) days of the effective date of the operatingpermit program. 4.1.a. 1.D. Applications for glass manufacturing plants subject to this rule including area sources subjectto 40 CFR Part 60 Subpart CC shallbe submittedto the Secretaqwithin one hundred eighty (180) days of the effective date of the operatingpermit program. 4.1.a. 1.E. Applications for chemical manufacturing plants or any other stationaq sources subject to the requirement of this rule which contain fewer than 100 emission points shall be submitted within one hundred eighty (180) days of the effective date of the operatingpermit program. 4.1.a. 1.F. Application for all other stationary sources subjectto this rule shall be submitted to the Secretary within twelve (12) months of the effective date of the operatingpermit program. 4.1.a.2. Sources required to meet requirements under $112(g) of the Clean Air Act, or to have apermit under the preconstruction review program approved into the StateImplementationPlan under Parts C or D of Title I ofthe CleanAir Act, including45CSR14 and 45CSR19, or any other source which becomes subject to this rule after the effective date ofthe operatingpermit program shall file a complete application to obtain the Title V operating permit or permit revision within twelve (12) months after commencing operation. Where an existing Title V operating permit would prohibit such construction or change in operation, the source must obtain a permit revision before commencing operation or the source may apply for a singlepermit in accordance with all applicableprovisions and procedures ofthis rule and all applicable preconstmction permittingrules. 4.1.a.3. A permit renewal application is timely if it is submitted at least six (6) months prior to the date of permit expiration. 4.1.a.4. Applications for initial Phase I1 (as defined in Title IV of the Clean Air Act) acid deposition controlpermits shall be submitted to the Secretary by January 1, 1996 for sulfur dioxide, and by January 1, 1998 for NO,. 4.1.a.5. Within eighteen (18) months following the date established by U.S. EPA's failure to timely promulgate a standardin accordance with the requirementsof 

### $ 112(e)ofthe CleanAir Act,the owner or operator of a major source subjectto this paragraph shall file an application for a permit. If the owner or operator of a sourcehas submitted a timely and complete application for a permit required by section4, any failure to have a permit shall not be a violation of the requirements of this rule, unless the delay in final action is due to the failure of the applicant to timely submit information required or requested by the Secretaq to process the application on forms to be made availableby the Secretaq.4.1.b. Complete application. -- To be deemed complete, an applicationmust provide all information required pursuantto subsection4.3,exceptthat applicationsforpermitrevisionneed supply such information only if it is related to the proposed change.Information required under subsection4.3 must be sufficientfor the Secretaqto evaluate the subject source and its application andto determine all applicable requirements. A responsible official shall certify the submitted information consistent with subsection 4.4. Unless the Secretaqdetermines that an application is not completewithin sixty (60) days ofreceipt ofthe application, such application shall be deemed to be complete, except in the case of minor permit modificationsmade pursuant to subsection 6.5. Any applicationwhich is timely submitted and subsequently determined to be complete within the initial sixty (60) day completenessreview period by the Secretary shall be deemed to be complete on the date that it was filed. If, duringprocessing an application that has been determined or deemedto be complete, the Secretaqdetermines that additional information is necessary to evaluate or take final action on that application, the Secretaqmay request such information in writing and set a reasonable deadlinefor aresponse. The source's ability to operatewithout apermit, as set forth in subsection 6.2, shall be in effect from the date the application is determined or deemed to be complete until the final permit is issued,provided that the applicant submits any requested additional information by the deadline specified by the Secretaq. 4.l.c. Confidentialinformation. -- In the case where a source has submitted information to the State under a claim of confidentialitypursuant to W.Va. Code 822-5-10 and 45CSR31, the Secretaq may also require the source to submit a copy of such information directlyto the U.S. EPA. 4.2. Duty to supplement or correct application.--Any applicantwho fails to submit anyrelevant facts or who has submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide additional information as necessaq to address any requirements that become applicable to the source after the date it filed a complete application but prior to release of a draft permit. 4.3. Standard application form and required information.-- The Secretaq shallprovide for a standard application formor forms. Information, as described below, for each emissionsunit at a sourcewhich is not insignificant as defined in subdivision 3.2.d, shall be included in the application, except that a list of insignificant activities or emission units must be included in the application. An application shall contain all information necessaqto determinethe applicability of, or to impose, any applicable requirement,and to evaluate the fee amountrequiredunder section 

### 8. The application forms shall include, but not be limited to, the elements specified below: 4.3.a. Identifying information, including company name and address (or plant name and address if different fromthe companyname), owner's name and agent, and telephonenumber and names ofplant site managerlcontact. 4.3.b. A description of the source's processes and products (by Standard Industrial Classification Code) including those associated with any proposed alternative operating scenario identifiedby the source. 4.3.c. The following emission-related information: 4.3.c. 1. All emissions ofpollutants for which the source is major, and all emissions of regulated airpollutants. A permit application shall describeall emissions of regulated air pollutants emitted from any emissionsunit,except where suchunitsqualify as insignificant emissionunits as defined in subdivision 3.2.dor are exempted under subsection 3.1. In the case of insignificant emission units or activities defined under subdivision 3.2.d, an applicant shall provide information regarding emissions to the extent required under subdivision3.2.e. The Secretaqshall require additional information related to the emissions ofair pollutants sufficient to verify which requirements are applicable to the source, and other information necessaq to collect any permit fees owed under the fee schedule approved pursuant to section 8. 4.3.c.2. Identification and description of all points of emissions described in paragraph 4.3.c.l in sufficient detail to establish the basis for fees and applicability ofrequirements of this rule, W.Va. Code 822-5-1 et seq., and the Clean Air Act. 4.3.c.3. Emissions rates in tons per year and in such terms as are necessaq to establish compliance consistent with the applicable standard reference test method. For emissions units subject to an annual emissions cap, tons per year can be reported as part of the aggregate emissions associated with the cap,except where more specific informationisneeded, including wherenecessaqto determineandlor assure compliance with an applicable requirement. 4.3.c.4. The following informationto the extent it is needed to determine or regulate emissions: fuels, fuel use, raw materials, production rates, and operating schedules. 4.3.c.5. Identification and description of air pollution control equipment and compliance monitoring devices or activities. 4.3.c.6. Limitations on source operation affecting emissions or any work practice standards, where applicable, for all regulated pollutants at the source. 4.3.c.7. Otherinformationrequiredby any applicablerequirements (includinginformationrelated to stack height limitations developed pursuant to $123 of the Clean Air Act and 45CSR20, "Good Engineering Practices as Applicable to Stack Heights"), such as the location of emissions units, flow rates, building dimensions, and stack parameters (including height, diameter, and plume temperature) for all regulated air pollutants. 4.3.c.8. Calculations or test data on which the information in paragraphs4.3.c.lthrough4.3.c.7. above is based. 4.3.d. The following air pollution control requirements: 4.3.d.1. Citation and description of all applicable requirements; 4.3.d.2. Description of or reference to any applicable test method for determining compliance with each applicable requirement; and 4.3.d.3. A list of all effective air quality-related permits and orders and a list of all such permit applications which are pending action by the Secretaq or U.S. EPA. 4.3.e. Other specific informationthatmay be necessaqto implement and enforce other requirements of the W.Va. Code 8822-5-1, et seq. and 22-18-1, et seq. or the Clean Air Act or to determine the applicability of such requirements.4.3.f. An explanation of any proposed exemptions from otherwise applicable requirements 4.3.g. Additional information as determined to be necessaq by the Secretaq to define proposed alternative operating scenariosidentified by the sourcepursuant to subdivision 5.1.iorto define permit terms and conditions implementing any alternative operating scenario under subdivision 5.1.i or implementing subsection 5.8 or subdivision 5.l.j,or define alternative equivalent emission limits pursuant to paragraph 5.1.a.3. The permit application shall include documentation demonstrating that the source has obtained all authorization(s) required under the applicable requirements relevant to any proposed alternative operating scenario, or a certification that the source has submitted all relevantmaterials to the Secretaq for obtaining such authorization(s). 4.3.h. A compliance plan for all sources that contains all the following: 4.3.h. 1. A description of the compliance status of the source and a schedule for compliance by the source with respect to all applicable requirements, as follows: 4.3.h. 1.A. For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements. 4.3.h. 1.B. For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. A statement that the source will meet in a timely manner applicable requirements that become effective during the permit term shall satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement. 4.3.h. 1.C. Ascheduleofcompliance, includinganarrative description ofhowthe sourcewill achieve compliance, for sources that are not in compliance with all applicable requirements at the time of permit issuance. Such a schedule shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirements for which the source will be in noncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based. 4.3.h. 1.D. For applicable requirements associated with a proposed alternative operating scenario, a statement that the source will meet such requirements upon implementation of the alternative operating scenario. If aproposed alternative operating scenario would implicate an applicable requirement that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. A statement that the source will meet in a timely manner applicable requirements that become effective during the permit term will satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement. 4.3.h.2. A schedule for submission of certified progress reports where applicable no less frequently than every six 

### (6) months. For sources required to have a schedule of compliance to remedy a violation, a more frequent period no greater than once a month as specified by the Secretary. 4.3.h.3. The compliance plan content requirements specified in subdivision 4.3.h shall apply and be included in the acid deposition control portion of a compliance plan for an affected source except as specifically superseded by 45CSR33.4.3.i. Requirements for compliance certification, including the following: 4.3.i. 1. A certificationof compliance with all applicable requirements by a responsible official consistentwith subsection 4.4 and $114(a)(3)of the Clean Air Act; 4.3.i.2. A statement of methods used for determining compliance, including a description of monitoring, recordkeeping,and reportingrequirements and test methods; 4.3.i.3. A schedule for submission of compliance certifications during the permit term, to be submitted no less frequently than annually, or more frequently if specified by the underlying applicable requirement or by the Secretaq; and 4.3.i.4. A statement indicating the source's compliance status with any applicable enhanced monitoring and compliancecertificationrequirements ofthe Clean Air Act and therules ofthe West Virginia Department of Environmental Protection. 4.3.j. The use, where applicable, of nationally standardized forms for Title IV of the Clean Air Act portions of permit applicationsand compliance plans. 4.4. Any application form, report, or compliance certification submitted pursuant to this rule shall contain certificationby a responsible official of truth, accuracy, and completeness. This certification and any other certification requiredunder this rule shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. 545-30-5. 

### Permit Content. 5.1. Standardpermitrequirements.--EachTitleV operatingpermitissuedunder section

### 6 shall include all applicablerequirements that applyto the source atthetimeofpermitissuanceandthe followingelements: 5.1.a. Emission limitations and standards, including those operational requirements and limitations that assure compliance with all applicablerequirements at the time of permit issuance. Such requirements and limitations may include approved replicable methodologies identified by the source in its permit application as approved by Secretaq,provided that no approved replicable methodology shall contravene any terms needed to comply with any otherwise applicable requirement or requirement of this rule or circumvent any applicablerequirementthat would apply as aresult of implementingthe approvedreplicable methodology. 5.1.a.1. The permit shall specify and reference the origin of and authority for each term or condition, and identify any difference in form as compared to the applicablerequirement upon which the term or condition is based. 5.1.a.2. The permit shall state that, where applicable requirements ofthe Clean Air Act aremore stringentthan any applicable requirementof45CSR33,both provisions shallbe incorporatedintothepermit and shall be enforceable by the Secretaq and U.S. EPA. 5.1.a.3. If the rules promulgated by the Secretaq pursuant to provisions of Title I of the Clean Air Act and contained in the State Implementation Plan allow a determination of an alternativeequivalent emission limit at a source to be made in the permit issuance, renewal, or significantmodification process,any permit containing such equivalency determination shall contain provisions to ensure that any resulting emissions limit has been demonstrated to be quantifiable, accountable, enforceable,and based on replicable procedures. 5.1.b. Permit duration. -- The Secretaq shall issue permits for a fixed term of five (5) years for all sourcesregulated pursuant to this rule. 5.l.c. Monitoring and related recordkeeping and reportingrequirements 5.l.c.1. Each permit shall contain the following requirements with respect to monitoring: 5.l.c.1.A. All emissions monitoring and analysisprocedures or test methods required under the applicable requirements, including any procedures and methods promulgated pursuant to §§504(b) or 114(a)(3) of the Clean Air Act; 5.l.c.1.B. Wherethe applicablerequirementdoesnotrequireperiodic testingor instmental or noninstmental monitoring (which may consist of recordkeeping designed to serve as monitoring), periodicmonitoring sufficientto yield reliable data from the relevant time periods that are representativeof the source's compliance with the permit, as reported pursuant to paragraph 5.l.c.3. Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventionsconsistent withthe applicable requirement. Recordkeeping provisions may be sufficient tomeet the requirements of this paragraph 5.l.c.1; and 5.l.c.1.C. As necessary, requirements concerning the use, maintenance, and, where appropriate, installation of monitoring equipment or methods. 5.l.c.2. With respectto recordkeeping, thepermit shallincorporate all applicable recordkeeping requirements and require the following: 5.l.c.2.A. Records of monitoring information that include the following: 5.1.c.2.A.1. The date,place asdefinedinthepermit,andtimeof samplingormeasurements. 5.l.c.2.A.2. The date(s) analyses were performed 5.l.c.2.A.3. The company or entity that performed the analyses. 5.l.c.2.A.4. The analytical techniques or methods used 5.l.c.2.A.5. The results of such analyses. 5.l.c.2.A.6. The operating conditions existing at the time of sampling or measurement. 5.l.c.2.B. Retention ofrecords of all required monitoring data and support information for a period of at least five (5) years from the date of monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, and copies of all reports required by the permit. Where appropriate, the permit may allow records to be maintained in computerized form in lieu of the aboverecords. 5.l.c.3. With respect to reporting, the permit shall incorporate all applicable reporting requirements and require the following: 5.l.c.3.A. Submittal ofreports of any required monitoring at least every six 

### (6) months,but no more often than once per month. All instances of deviations frompermit requirements must be clearly identified in such reports. All required reports must be certified by a responsible official consistent with subsection 4.4. To the extent practicable, the schedule for submission of such reports shall be timed to coincide with other periodic reports required by the permit, including the permittees' compliance certifications. 5.l.c.3.B. Reporting of deviations frompermit requirements, including those attributableto upset conditions as defined in the permit, the probable cause of such deviations,and any corrective actions or preventive measures taken in accordance with any rules of the West Virginia Department of Environmental Protection. 5.l.c.3.C. In additionto monitoringreportsrequiredby the permit,supplemental reports and notices are deemed to be prompt if submitted in the following fashion: 5.l.c.3.C.1. Any deviation resulting from an emergency or upset condition, as defined in subsection5.7,shallbe reported by telephone or telefaxwithin one (1)working day ofthe date on which the permittee becomes awareofthedeviation,ifthepermittee desiresto assert the affirmativedefense authorized by subsection 5.7. A written report of such deviation, which shall include the probable cause of such deviations, and any corrective actions or preventive measures taken, shall be submitted and certified by a responsible official within ten (10) days of the deviation. 5.l.c.3.C.2. Any deviationthat poses an imminent and substantialdangerto public health, safety,or the environment shallbe reported to the Secretary immediately by telephone or telefax. A written reportof such deviation,which shall include theprobable cause of such deviation,and any corrective actions or preventive measures taken, shall be submitted by a responsible official within ten (10) days of the deviation. 5.l.c.3.C.3. Any other deviation that is identifiedin the permit as requiringmore frequent reportingthan the permittee's reports of required monitoring shall be reported on the schedule specified in the permit. 5.l.c.3.C.4. All reports of deviations shall identifythe probable cause ofthe deviation and any corrective actions or preventativemeasures taken. 5.l.c.3.D. Every report submitted under this subsection shall be certifiedby a responsible official. 5.l.c.3.E. A permittee may request confidential treatment for information submitted under this subsectionpursuant to the limitations and procedures of W.Va. Code 822-5-10 and 45CSR31. 5.1.d. A permit condition prohibiting emissions exceeding any allowances that the source lawfully holds under Title IV of the Clean Air Act or 45CSR33.5.1.d.1. No permit revision shall be required for increases in emissions that are authorized by allowances acquired pursuant to the acid deposition control program, provided that such increases do not require a permit revision under any other applicable requirement. 5.1.d.2. No limit shallbeplaced onthe number of allowances held by the source. The sourcemay not, however, use allowances as a defense to noncompliance with any other applicable requirement. 5.1.d.3. Any such allowance shall be accounted for according to the procedures established in rules promulgated under Title IV of the Clean Air Act. 5.1 .e. A severability clause to ensure the continued validity ofthe various permit requirements in the event of a challenge to any portion of the permit. 5.1.f. Provisions stating the following: 5.1.f.1. Dutyto comply.--Thepermitteemustcomply with all conditions oftheTitleVoperating permit. Any permit noncompliance constitutes a violation of the Code ofWest Virginia and Clean Air Act and is grounds for enforcement action by the Secretaqor U.S. EPA; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. 5.1.f.2. Need to halt or reduce activity not a defense. -- It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit. However, nothing in this paragraph shall be construed asprecluding consideration ofaneedto halt orreduce activityas amitigating factor in determining penalties for noncompliance if the health, safety, or environmental impacts ofhalting or reducing operations would be more serious than the impacts of continued operations. 5.1.f.3. Permit actions. -- The permit may be modified, revoked, reopened and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or ofanotification ofplanned changesor anticipatednoncompliancedoes not stay any permit condition. 5.1.f.4. Property rights. The permit does not convey any property rights of any sort, nor any exclusive privilege. 5.1.f.5. Duty to provide information. -- The permittee shall furnish to the Secretaq, within a reasonabletime, any informationthatthe Secretaqmayrequest in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit. Upon request, the permittee shall furnishto the Secretary copies ofrecords required to be keptby the permit. For information claimed to be confidential, the permittee shall furnish such records to the Secretaq and directly to U.S. EPA along with their claim of confidentiality. 5.1.g. Fees. --Aprovision to ensure that a source pays fees to the Division of Air Quality consistent with section 

### 8. 5.1.h. Emissions trading. -- A provision stating that no permit revision shall be required, under any approved economic incentives, marketable permits, emissions trading, and other similar programs or processes for changes that are provided for in the permit and that are in accordance with all applicablerequirements 5.1.i. Terms and conditions for reasonably anticipated alternative operating scenarios identified by the source in its application and which are approvedby the Secretaq. Such terms and conditions: 5.1.i.1. Shall require the source,contemporaneouslywith making a change from one operating scenario to another, to record in a log at the permitted facility a record ofthe alternativeoperating scenario under which it is operating.; 5.1.i.2. Shall extend the permit shield described in subsection 5.6 to all terms and conditions under each such alternative operating scenario; and 5.1.i.3. Shall ensure that the terms and conditions of each such alternativeoperating scenario meet all applicable requirements and the requirements of this rule. The Secretaq shall not approve a proposed alternative operating scenario into the permit until the source has obtained all authorizations required under any applicable requirement relevant to that alternative operating scenario. 5.1. Terms and conditions, if the permit applicant requests them, for the trading of emissions increases and decreases in the permitted facility,to the extent that the applicablerequirements provide for trading such increases and decreases without a case-by-case approval of each emissions trade. Such terms and conditions: 5.1.j.l. Shall include all terms required under subsections 5.1and 5.3to determine compliance; 5.1 j 2 Shall extend the permit shield describedin subsection5.6to all terms and conditions that allow such increases and decreases in emissions: and 5.13 Shall meet all applicablerequirements and requirements of this rule. 5.2. Federally-enforceable requirements 5.2.a. All terms and conditions in a permit issued pursuant to this rule, including any provisions designedto limit a source's potential to emit and exceptingthoseprovisionsthat are specifically designated in the permit as "state-enforceableonly", are enforceableby the Secretaq,U.S.EPA, and citizens under the Clean Air Act. 5.2.b. Notwithstanding subdivision 5.2.a, the Secretary shall specifically designate as not being federally enforceable under the Clean Air Act any terms and conditions included in the permit that are not required under the Clean Air Act nor under any of its applicable requirements. Terms and conditions of permits issued under this rule which are stateenforceable only are not subjectto the requirements of section 

### 7 nor shallthey be subjectto objection,requests for permit reopening, or enforcementby U.S. EPA. Permit revisions and reopenings for state-only requirements shall be accomplished by using the procedures of section 6, except that such revisions are not subjectto U.S. EPA or affected state review. 5.3. Compliance requirements. -- All Title V operating permits shall contain the following elements with respect to compliance: 5.3.a. Consistent with subdivision5.1.c :compliancecertification, testing,monitoring,reporting,andrecordkeeping requirements sufficient to assure compliance with the terms and conditions ofthe permit. Any document, including reports, required by a Title V operating permit shall contain a certification by a responsible official that meets the requirements of subsection 4.4. 5.3.b. Inspection and entry requirements that require that, upon presentation of credentials and other documents as may be required by law, the permittee shall allow the Secretaq or an authorized designee of the Secretaq to perform the following: 5.3.b.1. At all reasonable times (including all times in which the facility is in operation) enter upon the permittee's premises where a source is located or emissions related activity is conducted, or where records must be kept under the conditions of the permit; 5.3.b.2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit; 5.3.b.3. Inspect at reasonable times (including all times in which the facility is in operation) any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit; and 5.3.b.4. Sample ormonitor atreasonable times substances orparameterstodetermine compliance with the permit or applicable requirements or ascertain the amounts and types of pollutants discharged. 5.3.c. A schedule of compliance consistent with subdivision 4.3.h 5.3.d. Progress reports consistent with an applicable schedule of compliance and subdivision 4.3.hto be submitted at least semiannually, or at a more frequent period if specified in the applicable requirement or by the Secretaq. Such progress reports shall contain the following: 5.3.d.1. Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates when such activities,milestones or compliance were achieved; and 5.3.d.2. An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted. 5.3.e. Requirements for compliance certification with terms and conditions contained in the permit, including emission limitations, standards, or work practices. -- Permits shall include each of the following: 5.3.e.l. The frequency (not less than annually or a more frequent period as specified in the applicable requirement or by the Secretary) of submissions of compliance certifications; 5.3.e.2. Inaccordancewith subdivision 5.l.c,ameansfor assessing ormonitoringthe compliance of the source with its emissions limitations, standards, and work practices; 5.3.e.3. A requirement that the compliance certification include the following: 5.3.e.3.A. The identification of each term or condition of the permit that is the basis of the certification;5.3.e.3.B. The identification ofthe method(s) or other means used by the owner or operator for determiningthe compliance status with each term and condition during the certification period, as shown by test or monitoring data, records, and other information reasonably available to the permittee. Such methods and other means shall include, at a minimum, the methods and means required under subdivision 5.l.c; 5.3.e.3.C. The statusofcompliance with theterms and conditions ofthepermit fortheperiod coveredbythe certification, including whether compliance duringtheperiod was continuous or intermittent. The certification shall be based on the method or means designated in subparagraph 5.3.e.3.B. The certification shall identify each deviation and take it into account in the compliance certification. The certification shall also identify as possible exceptions to compliance any periods during which compliance is required and in which an excursion or exceedance as defined under 40 CFR Part 64 occurred; and 5.3.e.3.D. Such other facts as the Secretaq may require to determine the compliance status of the source; 5.3.e.4. A requirement that all compliance certifications be submitted to U.S. EPA aswell as to the Secretaq; and 5.3.f. Such other provisions as the Secretaq may require to determine the compliance status of the source. 5.4. General permits 5.4.a. The Secretary may, after notice and opportunity for public participation ascontained in section 6, issue a general permit covering numerous similar sources. Any general permit shall comply with all requirements applicable to other Title V operating permits and shall identify criteria by which sourcesmay qualify for the general permit. To sources that qualify, the Secretaq shall grant the conditions and terms of the general permit. Notwithstanding the shield provisions of subsection 5.6,the source shall be subject to enforcement action for operation without a Title V operating permit if the source is later determined not to qualify for the conditions and terms of the general permit. General permits shall not be authorized for affected sources under Title IV ofthe Clean Air Act unless otherwise provided in rules promulgated by the Secretaq in accordance with that Title IV of the Clean Air Act. 5.4.b. A general permit may be issued for the following purposes: 5.4.b.l. To establish terms and conditions to implement applicable requirements for a source categoq; 5.4.b.2. To establish terms and conditions to implement applicable requirements for specified categories of changes to permitted sources; 5.4.b.3. To establish terms and conditions for new requirements that apply to sources with existing permits; and 5.4.b.4. To establish enforceable caps on emissions from sources in a specified categoq 5.4.c. Sources that would qualify for a general permit must apply to the Secretaq for coverage underthe terms of the general permit or must apply for a Title V operating permit consistent with section 4. The Secretaqmay, in the general permit, provide for applications which deviate fromtherequirements ofsection 4, provided that such applications meet the requirements of Title V of the Clean Air Act, and include all informationnecessaryto determine qualification for, andto assure compliancewith, the general permit. The Secretaq may grant a request for a source to operate under a general permit without repeating the public participation procedures as required by subsection 6.8, and such grant shall not be a fmal permit action for judicial review. 5.4.d. The Secretaq shall act withinninety (90) daysto approve or deny arequest tobe covered under a general permit. 5.4.e. A sourcemay apply for coverage under a general permit for some emissions units or activities even if the source must file a source-specific permit application for other emissions units or activities. In the event that both a general permit and a source-specific permit are granted to the same source, the sourcespecific permit shall incorporate the applicable general permit(s). 5.4.e.1. In the event that a source is issued a general permit for one or more emissions units at a source, any subsequent application for a source-specific permit shall include the source subject to the general permit. The incorporation ofthegeneral permit into the source-specific application shall subject the general permit source to all procedures and processes, including public comment, to which the entire application and permit process are subject. Theterms and duration of any general permit incorporated under a source-specific permit shall be void upon the issuance of such source-specific permit and the terms and duration of such source-specific permit shall then control. 5.4.e.2. Inthe event that a source obtains a general permit subsequent to the issuance of asourcespecific permit, such general permit shall be applicable only for the remainder of the term of the sourcespecific permit. The general permit source shall be included in the renewal application for the source specific permit and subjectto all procedures and processes, including public comment, to which therenewal is subject. 5.5. Temporaq sources. -- The Secretaqmay issue a singlepermit authorizing emissions from similar operations by the same source owner or operator at multiple temporaq locations. The operation must be temporaq and involve at least one change oflocation duringthe term ofthe permit. Temporary sources must 

### complywithpreconstructionreviewrequirementsunder45CSR13,45CSR14,45CSR15, and45CSR19. No affected source shall be permitted as a temporary source. Permits for temporary sources shall include provisions that will assure compliance with all applicable requirements at all authorized locations. The owner or operator shall notify the Secretaq at least ten (10) days in advance of each change in location. 5.6. Permit shield. 5.6.a. Except as otherwise provided in this rule, the Secretaq shall include in a Title V operating permit aprovisionstating that compliance with the conditions ofthepermit shall be deemed compliance with any applicable requirements as of the date of permit issuance,provided that: 5.6.a.1. Such applicable requirements are included and are specifically identified in the permit; or 5.6.a.2. The Secretaq,in acting onthe permit application or revision, determines in writingthatother requirements specifically identified are not applicable to the source, and the permit includes such a determination or a concise summaqthereof. 5.6.b. A Title V operating permit that does not expressly state that a permit shield exists shall be presumed not to provide such a shield. 5.6.c. Nothing in subsection 5.6or in any Title V operating permit shall alter or affect the following: 5.6.c.l. The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance; or 5.6.c.2. The applicable requirements ofthe Code of West Virginia and Title IV ofthe CleanAir Act, consistent with $408(a) of the Clean Air Act. 5.6.c.3. The authority oftheAdministrator ofU.S. EPAto require information under 

### $ 114ofthe Clean Air Act or to issue emergency orders under $303 of the Clean Air Act. 5.7. Emergency provision 5.7.a. Definition. -- 

### An "emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes the sourceto exceed a technologybased emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. 

### An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack ofpreventative maintenance, careless or improper operation, or operator error. 5.7.b. Effect of any emergency. -- 

### An emergency constitutes an affirmative defense to an action brought for noncompliance with suchtechnology-based emission limitations iftheconditions ofsubdivision 5.7.c are met. 5.7.c. The affirmative defense of emergency shall be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that: 5.7.c.1. 

### An emergencyoccurredandthatthepermittee can identifythe cause(s) oftheemergency; 5.7.c.2. The permitted facility was at the time being properly operated; 5.7.c.3. During the period ofthe emergency the permittee took all reasonable steps to minimize levels of emissions that exceeded the emission standards, or other requirements in the permit; and 5.7.c.4. Subject to the requirements of part 5.l.c.3.C.1,the permittee submitted notice of the emergencyto the Secretaqwithin one (1) working day ofthe time when emission limitations were exceeded due to the emergency and made a request for variance, and as applicable rules provide. This notice, report, and variance request fulfills the requirement of subparagraph 5.l.c.3.B. This notice must contain a detailed description of the emergency, any steps taken to mitigate emissions, and corrective actions taken. 5.7.d. In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof.5.7.e. This provision is in addition to any emergency or upset provision contained in any applicable requirement. 5.8. Operational flexibility. -- Each permit issued under this rule shall provide that a permittee may make changes within the facility, as provided by §502(b)(10) of the Clean Air Act. Such operational flexibility shall be provided in the permit in conformance with the permit application and applicable requirements. No such changes shall be a modification under any provision of Title I of the Clean Air Act promulgated by the Secretaq (including45CSR14 and45CSR19), and the change shall not result in a level of emissions exceeding the emissions allowable under the permit. 5.%a.Before making a change under this provision, the permittee shall provide advance written notice to the Secretaqand to U.S. EPA, describing the changeto be made, the date on which the changewill occur, any changes in emissions, and any permit terms and conditions that are affected. The permittee shall thereafter maintain a copy ofthe notice with the permit, and the Secretaq shall place a copy with the permit in the public file. The written notice shall be provided to the Secretary andU.S. EPA atleast seven (7) days prior to the date that the change is to be made, except that this period may be shortened or eliminated as necessaq for a change that must be implemented more quickly to address unanticipated conditions posing a significant health, safety, or environmental hazard. If less than seven (7) days notice is provided because of aneed to respond more quicklyto such unanticipated conditions, the permittee shall provide notice to the Secretaq and U.S. EPA as soon as possible after learning of the need to make the change. 5.8.b. A permitted source may trade increases and decreases in emissions within the facility, where rules promulgated by the Secretary pursuant to provisions of Title I of the Clean Air Act and which are contained in the State Implementation Plan for West Virginia provide for such emissions trades without a permit modification. In such a case, the advance written notice provided by the permittee shall identify the applicable requirements allowing trading and shall state when the changewill occur, the types and quantities of emissions to be traded, the permit terms or other applicable requirements with which the source will comply through emissions trading, and such other information as may be required by the Secretaq. 5.8.c. The permit shield provided under subsection 5.6 shall not apply to changes made under subsection 5.8 except those provided for in subdivision 5.8.d. However, the protection of the permit shield will continue to apply to operations and emissions that are not affected by the change, provided that the permittee complies with the terms and conditions of the permit applicableto such operations and emissions. The permit shield may be reinstated for emissions and operations affected by the change: 5.8.c.1. If subsequent changes cause the facility's operations and emissions to revert to those authorized in the permit and the permittee resumes compliance with the terms and conditions of the permit, or 5.8.c.2. If the permittee obtains final approval of a significant modification to the permit to incorporate the change in the permit. 52.d. Upon the request of a permit applicant, the Secretary may issue a permitthat contains terms and conditions allowing for the trading of emissions increases and decreases in the permitted facility solely for the purpose of complying with a federally-enforceable emissions cap that is established in the permit independent of otherwise applicable requirements. The permit applicant shall include in its application proposed replicable procedures and permit terms that assure that the emissions trades are quantifiable, accountable, enforceable, andreplicable, and comply with all applicablerequirements and subdivision 5.1.j.

### The permit shieldunder subsection5.6 shall applyto permit terms and conditions authorizing such increases and decreases in emissions. The written notification required above shall state when the change will occur and shall describe the changes in emissions that will result and how these increases and decreases in emissions will comply with the terms and conditions of the permit. 5.9. Off-permit changes. -- 

### Except as provided in subdivision5.9.e,a facilitymay make any change in its operations or emissions that is not addressed nor prohibited in its permit and which is not considered to be construction nor modification under any rule promulgated by the Secretaq without obtaining an amendment or modification of its permit. Such changes shall be subject to the following requirements and restrictions: 5.9.a. The changemustmeet all applicable requirementsand maynot violate any existingpermit term or condition. 5.9.b. The permittee must provide a written notice of the change to the Secretary and to U.S. EPA within two (2) business days following the date ofthe change. Suchwritten notice shall describe each such change, including the date, any changein emissions, pollutants emitted,and any applicable requirement that would apply as a result of the change. 5.9.c. The change shall not qualify for the permit shield 5.9.d. The permittee shall keep records describing all changes made at the source that result in emissions of regulated air pollutants, but not otherwise regulated under the permit, and the emissions resulting from those changes. 5.9.e. No permittee may make any change subject to any requirementunder 45CSR33 or Title IV 

### of the Clean Air Act pursuant to the provisions of subsection 5.9. 5.9.f. No permittee may make any changes which would require preconstruction review under any provision of Title I 

### of the Clean Air Act (including45CSR14 and 45CSR19) pursuant to the provisions of subsection 5.9. 545-30-6. Permit Issuance, Renewal, Reopenings and Revisions. 

### 6.1. Action on application. 6.1.a. A permit, permit modification, or renewal may be issued only if all ofthe following conditions have been met: 6.1.a.1. The Secretaqhas received a complete application for apermit,permit modification, or permit renewal, except that a complete applicationneed not be received before issuance of a general permit under subsection 5.4: 6.1.a.2. Except for modifications qualifying for minor permit modification procedures under subdivision 6.5.a,the Secretaq has complied with the public participation procedures for permit issuance specified under subsection 6.8; 6.1.a.3. The Secretaq has complied with the requirements for notifying and responding to

### affected States as requiredby subsection 7.2; 6.1.a.4. Theconditionsofthepermitprovidefor compliancewithal1 applicablerequirementsand the requirements of this rule; and 6.1.a.5. The Secretaq has provided a copy of the permit and any notices required under subsections 7.1 and 7.2 to U.S. EPA, and U.S. EPA has not objected to issuance of the permit under subsection 7.3 within the time period specified therein. 6.1.b. Except asprovided under the initial transitionplan provided for under section 9 and as may be required by 45CSR33, the Secretaq shall take final action on each permit application within twelve (12) months after the application is deemed complete. 6.l.c. Priority shall be given to taking action on applicationsfor constructionor modification under 45CSR13,45CSR14,45CSR15or 45CSR19. 6.1.d. The Secretaq shall promptly provide notice of the completeness to the applicant. Unless the Secretaqrequests additional information or otherwise notifies the applicantof incompleteness within sixty (60) days of receipt of an application, the application shall be deemed complete. No completeness determination need be made for minor permit modification applicationspursuant to subdivision 6.5.a. 6.1.e. Following receipt and review of an application, the Secretaq shall issue a draft permit,permit modification orrenewal for public comment. In 

### accordance with subsection 6.9, the Secretaq shalldevelop a statement that sets forth the legal and factualbasis for the draftpermit conditions (including referencesto the applicable statutoq or regulatoq provisions). The Secretaq shall send this statementto the U.S. EPA and to any person who requests it. 6.1.f. The submittal of a complete application shall not affect the requirement that any source have all preconstruction permits required under the rules of the West Virginia Department of Environmental Protection except that a source may, with approval of the Secretaq,elect to file a singlepermit application to obtain any required preconstruction permits and a Title V operating permit or permit revision, if the procedures required by the applicable preconstruction rule and all requirements of the preconstruction permitting rules are complied with in the issuance of a Title V operatingpermit. 6.2. Requirement for apermit. --Except asprovided in paragraph 6.5.a.5,subsection 5.8,and as further provided in this subsection,no source may operate after the time that it is required to submit a timely and complete application under this rule except in compliance with an effective permit under this rule. If a source submits a timely and complete application for permit issuance (includingfor renewal), the source's failure to have a Title V operatingpermit is not a violation ofthis rule until the Secretary takes final action on the permit application, except as noted in this subsection. This protection shall cease to apply if, subsequent to the completeness determination made pursuant to subdivision 6.1.d and as required by subdivision 4.l.b,the applicant fails to submit by the deadline specified in writing by the Secretary any additional information identified as being needed to process the application. 6.3. Permit renewal and expiration. 6.3.a. Permits being renewed are subject to the same procedural requirements, including those for public participation, that apply to initial permit issuance.6.3.b. Permit expiration terminates the source's right to operate unless atimely and complete renewal application has been submitted consistent with subsection 6.2 and paragraph 4.1.a.3. 6.3.c. If the Secretary fails to take final action to deny or approve a timely and complete permit application before the end of the term of the previous permit, the permit shall not expire until the renewal permit hasbeen issued or denied, and any permit shield granted for the permit shall continuein effect during that time. 6.4. Administrative permit amendments. 6.4.a. An "administrative permit amendment" is a permit revision that: 6.4.a.1. Corrects typographical errors; 6.4.a.2. Identifies a changein the name, address, or phone number of anyperson identifiedin the permit, or provides a similar minor administrative change at the source; 6.4.a.3. Requires more frequent monitoring or reporting by the permittee; 6.4.a.4. Allows for a change in ownership or operational control of a sourcewhere the Secretaq determines that no other change in the permit is necessaq, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the Secretaq; 6.4.a.5. Incorporate into the TitleV operating permit all provisions required under this rule and allpreconstmctionrequirements under Title I ofthe Clean Air Act (includingrequirements of45CSR14 and 45CSR19); or 6.4.a.6. Is approved pursuant to 45CSR33 6.4.b. 

### An administrative permit amendment may be made by the Secretaq consistent with the following: 6.4.b.1. The Secretaq shall take no more than sixty (60) days from receipt of a request for an administrative permit amendment to take final action on such request, and may incorporate such changes without providing notice to the public or affected states provided that the Secretaq designates any such permit revisions as having been made pursuant to subsection 6.4. 6.4.b.2. The Secretruy shall submit a copy of the revised permit to the U.S. EPA 6.4.b.3. The sourcemay implement the changes addressed in the request for an administrative amendment immediatelyupon submittal of the request. 6.4.c. The Secretaq may, upon taking final action granting a request for an administrative permit amendment, allow coverage by the permit shield in subsection 5.6 for administrative permit amendments made pursuant to paragraph 6.4.a.5, which meets the relevant requirements of sections 5, 6, and 

### 7 for significant permit modifications.6.5. Permit modification. --Apermit modificationis anyrevision ormodificationto aTitleV operating permit that cannot be accomplished under the provisions for administrative permit amendments under subsection 6.4. Permit modifications for the purposes of the acid deposition control portion of the permit shall be governed by 45CSR33. 6.5.a. Minor permit modification procedures 6.5.a.1. Criteria 6.5.a.l.A. Minor permit modification procedures may be used only for those permit modificationsthat: 6.5.a. 1.A.1. Do not violate any applicable requirement; 6.5.a.l.A.2. Do not involve significant changes to existing monitoring, reporting, or recordkeeping requirements in the permit; 6.5.a. 1.A.3. Donotrequire orchangeacase-by-case determinationof an emissionlimitation or other standard, or a source-specific determination for temporay sources of ambient air quality impacts, or a visibility or increment analysis; 6.5.a. 1.A.4. Do not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirementandwhich permit or condition has been used to avoid an applicable requirement to which the source would otherwise be subject. Such terms and conditions include, but are not limited to, a federally enforceable emissions cap used to avoid classification as a modification under any provision of Title I or any alternative emissions limit approved pursuant to regulations promulgated under $112(i)(5)of the Clean Air Act; 6.5.a. 1.A.5. Do not involve preconstruction review under Title I of the Clean Air Act or 45CSR14 and 45CSR19; and 6.5.a. 1.A.6. Arenotrequiredunder anyruleofthe Secretaytobeprocessedasasignificant modification. 6.5.a. 1.B. Notwithstanding subparagraph 6.5.a.l.A,minor permit modification procedures may be used for permit modifications involving the use of economic incentives, marketable permits, emissions trading,and other similar approaches, to the extent that suchminor permit modification procedures are explicitly provided for in rules ofthe West Virginia Department of Environmental Protection which are approved by U.S. EPA as part of the State ImplementationPlan under the Clean Air Act, or which may be otherwise provided for in the Title V operating permit issued under this rule. 6.5.a.l.C. When a permit is modified, only the conditions subject to modification can be reopened, and all other conditions of the permit remain in effect. 6.5.a.2. Application. --Anapplicationrequestingtheuseofminorpermit modification procedures shall meet the requirements of subsection 4.3 and shall include the following: 6.5.a.2.A. Adescriptionofthe change, the emissions resulting fromthe change,and anynewapplicable requirements that will apply if the change occurs; 6.5.a.2.B. The source's suggested draft permit; 6.5.a.2.C. Certification by a responsible official, consistent with subsection 4.4, that the proposed modification meets the criteria for use ofminor permit modification procedures and arequest that such procedures be used; and 6.5.a.2.D. Completed forms for the Secretaqto use to notify U.S. EPA and affected states as required under section 7. 6.5.a.3. U.S. EPA and affected states notification. -- Within 5 working days of receipt of a complete permit modification application, the Secretaq shall meet the obligation under subdivisions 7.1.a and 7.2.ato notify U.S. EPA and affected states of the requested permit modification. The proposed permit shallbethe same as the draft permit for this purpose. The Secretaq shall promptly send any notice required under subdivision 7.2.b to U.S. EPA. All such notifications shall be by certified mail, return receipt requested. 6.5.a.4. Timetable for issuance. --The Secretaq shall not issue a final permit modification until after U.S. EPA's forty-five (45) day review period or untilU.S.EPA has notifiedthe Secretaqthat U.S. EPA will not object to the issuance of the permit modification, whichever is first, although the Secretaq may approve the permit modification prior to that time. Within ninety 

### (90) days ofthe Secretaq's receipt of an application under minor permit modification procedure or fifteen (15) days after the end 0fU.S.EPA's fortyfive (45) day review period under subsection 7.3, whichever is later, the Secretaq shall: 6.5.a.4.A. Issue the permit modification as proposed; 6.5.a.4.B. Deny the permit modification application; 6.5.a.4.C. Determine that the requested modification does not meet the minor permit modification procedure criteria and should be reviewed under the significant modification procedures; or 6.5.a.4.D. Revise the draft permitmodification andtransmitto U.S. EPA, and, if appropriate, affected states,the new proposed permit modification in accordance with subdivisions 7.1.a and 7.2. In the event that draft permit modifications are made, the Secretary shall utilize the same procedures outlined in paragraph 6.5.a.4. 6.5.a.5. Permittee's ability to make change. -- A permittee may not make a change to a source proposed in aminor permit modification application unless it has submitted the permit application at least seven (7) days prior to making the proposed change. After the source makes the proposed change allowed by the preceding sentence, and until the Secretaq takes any of the actions specified in subparagraphs 6.5.a.4.Athrough 6.5.a.4.C,the source must comply with both the applicable requirements governing the change and the proposed permit terms and conditions. Duringthis time period, the source need not comply with the existing permit terms and conditions it seeksto modify. However,if the source fails to comply with its proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to modify may be enforced against it and violation ofthe proposed terms and conditions is relevant in considering any sanction.6.5.a.6. Permit shield. --Thepermit shieldunder subsection 5.6 shallnot extend to minor permit modifications. 6.5.b. Significant modification procedures 6.5.b. 1. Criteria. -- Significant modification procedures shallbe used for applications requesting significant permit modifications that do not qualify as minor permit modifications or as administrative amendments including, but not limited to, the following: 6.5.b. 1.A. Modificationsunder anyprovisionofTitleI oftheClean Air Act, exceptthosethat qualifyforprocessing as administrative permit amendmentsunder subsection 6.4 or anyrule ofthe Secretaq required under Title I of the Clean Air Act; 6.5.b.l.B. A significant change in existing monitoring permit terms or conditions, or constitute a relaxation of reporting or recordkeeping permit terms or conditions; 6.5.b.l.C. A change to a case-by-case determination of an emission limitation or other standard, or a source-specific determination for temporaq sources of ambient impacts, or a visibility or increment analysis; 6.5.b.l.D. Establishment of or change to a permit or condition for which there is no corresponding underlying applicable requirement, and 6.5.b. 1.E. Proposedchanges which inthejudgementoftheSecretruywouldrequire decisions to be made on significantor complex issues that generateor are likely to generate significant material adverse comment from the public, affected states, or U.S. EPA with respect to the determination of applicable requirements or air quality impacts. 6.5.b.2. Significantpermit modificationsshallmeet all requirementsofsection 6,includingthose for applications, for public participation, review by affected states and review by U.S. EPA as they apply to permit issuance and permit renewal. The Secretaq shall complete the review process for significant permit modifications within six (6) months after receipt of a complete application. 6.6. Reopening for cause 6.6.a. Each issued permit shall include provisions specifying the conditions under which the permit will be opened prior to the expiration ofthe permit. A permit shallbe reopened and revised under any ofthe following circumstances: 6.6.a.1. Additional applicable requirements under the Clean Air Act or the Secretruy's rules become applicable to a major source with a remaining permit term of three 

### (3) or more years. Such a reopening shall be completed not later than eighteen (18) months after promulgation of the applicable requirement. No such reopening is required if the effective date ofthe requirement is later than the date on which the permit is due to expire, unless the original permit or any of its terms and conditions has been extended pursuant to one of the following: 6.6.a. 1.A. The permit shallnot expireuntil the renewal permit has been issued or denied and anypermit shield that maybe grantedpursuant to subsection5.6may extend beyond the original permit termuntil renewal; or 6.6.a.

### 1.B. All the terms and conditions of the permit including any permit shield that may be granted pursuant to subsection 5.6 shall remain in effect until the renewal permit has been issued or denied. 6.6.a.2. Additionalrequirements (including excess emissions requirements) become applicable to an affected sourceunder 45CSR33 and Title IV ofthe CleanAir Act or other rules ofthe West Virginia Department of Environmental Protection. Upon approval by U.S. EPA, excess emissions offsetplans shall be incorporatedinto the permit. 6.6.a.3. The Secretaqor U.S.EPA determinesthat thepermit containsamaterialmistake or that inaccuratestatements were made in establishing the emissions standardsor other terms or conditions ofthe permit. 6.6.a.4. The Secretaq or U.S. EPA determines that the permit must be revised or revoked and reissued to assure compliance with the applicable requirements. 6.6.b. Proceedings to reopen and issue a permit shall follow the same procedures as apply to initial permit issuance and shall affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as practicable. 6.6.c. Reopenings under subdivision 6.6.a shall not be initiated before a notice of such intent is provided to the source by the Secretaq at least thirty (30) days in advance of the date that the permit is to reopened, except that the Secretaq may provide a shorter time period in the case of an emergency. The notice shall include a statement of the reasons for the reopening of the permit. Until such time as a permit is reissued pursuant to the reopening, the source shall be entitled to the continued protection of any permit shield provided in the permit, unless the Secretaq specifically suspends the shield upon a finding that such suspension is necessaq to implement applicablerequirements. 6.7. Reopenings for cause resulting from U.S. EPA notice. 6.7.a. The Secretaq shall, within ninety (90) days after receipt of a notification from U.S. EPA that cause exists to terminate, modify, or revoke and reissue a permit, forward to U.S. EPA a proposed determination of termination, modification, or revocation and reissuance, as is appropriate. The Secretaq may request an extension of this ninety (90) day period for an additional ninety (90) days if the Secretary finds that a new or revised permit application is necessary or that the Secretaq must require the permittee to submit additional information. 6.7.b. The Secretaq shallhave ninety (90) days fromreceipt of aU.S.EPA objection to resolve any objectionthat U.S.EPAmakes andto terminate,modify, or revoke andreissue thepermit in accordance with U.S. EPA's objection. In accordance with the Clean Air Act and federal rulespromulgatedthereunder, U.S. EPA has authority to terminate,modify, or revoke and reissue a TitleV operatingpermit after failure ofthe State and permit holder to resolve a U.S. EPA objection and upon proper notice to the permit holder. 6.8. Public participation. -- Except for modifications qualifying for minor permit modification procedures,allpermitproceedings, including initialpermitissuance,significantmodifications, andrenewals, shall provide adequate procedures for public notice including offering an opportunity for public commentand a hearing on the draft permit. These procedures shall include the following: 6.8.a. Public notice. 6.8.a.l. Scope: 6.8.a.1.A. Public notice shall be given that the following actions have occurred: 6.8.a.1.A.1. A draft permit has been prepared, and 6.8.a.1.A.2. A hearing has been scheduled pursuant to subparagraph 6.8.a.2.B 6.8.a.1.B. Public notices may describe more than one (1) permit or permit part. 6.8.a.2. Timing. 6.8.a.2.A. Public notice of the preparation of a draft permit shall allow at least thirty (30) days forpublic comment. Upon request ofthe permit applicant the public comment period may be extended for an additional thirty (30) days. Further extension ofthe comment period may be grantedby the Secretaq for good cause shown but in no case may the further extension exceed an additional thirty (30) days. 6.8.a.2.B. Public notice of a public hearing shall be given at least thirty (30) days before the hearing. Public notice ofthe hearing may be given at the same time as public notice of the draft permit and the two (2) notices may be combined. 6.8.a.3. Methods. -- Public notice shall be given by the following methods: 6.8.a.3.A. By mailing a copy of a notice to the following persons (any person otherwise entitledtoreceive notice under this subparagraph may waive his or her rights toreceive notice for any classes and categories or permits): 6.8.a.3.A.l. The applicant; 6.8.a.3.A.2. Any other State or Federal agency which the Secretaqknows has issued or is required to issue a permit for the same facility or activity under the Federal Resource Conservation and Recoveq Act (RCRA) or other relevant statutes; 6.8.a.3.A.3. Federal, State, and interstate agencies with jurisdiction over public health and the environment, the State Historic Preservation Unit of the Department of Culture and Histoq when new site acquisition is involved, and other appropriate government authorities, including the Federal Land Manager when Federal Class I areas, as defined in 45CSR14, are potentially affected; 6.8.a.3.A.4. Persons on a mailing list developed by: 6.8.a.3.A.4.(a). Including those who request in writing to be on the list; 6.8.a.3.A.4.(b). Soliciting persons for "area lists" from participants in past permitproceedings in that area; and 6.8.a.3.A.4.(~). Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press and in such publications as regional and State funded newsletters or environmental bulletins. (The Secretaq may update the mailing list from time to time by requesting written indication of continued interest fromthose listed. The Secretaqmay delete from the list the names of any person who fails to respond to such a request.) 6.8.a.3.A.5. Any unit of local government having jurisdiction over the area where the facility is proposed to be located. 6.8.a.3.B. By the Secretaqpublishing the public notice as a Class I legal advertisement in a newspaper in general circulation for the county where the emission will occur. 6.8.a.3.C. Any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation. 6.8.a.4. Contents 6.8.a.4.A. All public notices. -- All public notices issued under this rule shall contain the following minimum information: 6.8.a.4.A.

### 1. Name and address of the Division of Air Quality; 6.8.a.4.A.2. Name and address ofthe permittee or permit applicant and, if different, ofthe facility or activity regulated by the permit, except in the case of general permits; 6.8.a.4.A.3. A briefdescription ofthebusinessconductedatthe facility or activity described in the permit application or in the draft permit, when there is no application; 6.8.a.4.A.4. Name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit or draft general permit, fact sheet, and the application; 6.8.a.4.A.5. A brief description of the comment procedures required by subdivisions 6.8.b and 6.8.c and the time and place of any hearing that will be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled) and other procedures by which the public may participate in the final permit decision; and 6.8.a.4.B. Public notices for hearings. -- In addition to the requirements of subparagraph 6.8.a.4.A,public notice of a hearing shall contain the following information: 6.8.a.4.B.

### 1. Reference to the date of previous public notices relating to the permit; 6.8.a.4.B.2. Date, time, and place of the hearing; and 6.8.a.4.B.3. A brief description of the nature and purpose of the hearing, including the

### applicable rules and procedures 6.8.a.4.C. In 

### addition to the general public notice described in subparagraph 6.8.a.4.A, all persons identified in paragraph 6.8.a.3 shall be mailed a copy of the fact sheet, if any, and notification of where to inspect or how to receive a copy ofthe draft permit and application. 6.8.b. Public comments and requests for public hearings. -- 

### During the public comment period provided under subdivision 6.8.a, any interested person may submit written comments on the draft permit and mayrequest apublichearing,ifno public hearinghas already been scheduled. The Secretaq shall grant such a request for a hearing if he concludes that a public hearing is appropriate after consideration of the criteria in paragraph 6.8.c.1. A request for apublic hearing shallbe in writing and shall state the nature of the issues proposed to be raised in the hearing. All comments shall be considered in making the final decision and shall be responded to as provided in subdivision 6.8.c. 6.8.c. Public hearings 6.8.c.l. The Secretaq shall hold a public hearing whenever he or she finds, on the basis of requests, a significantdegree ofpublic interest on issues relevant to the draftpermit(s). The Secretaqmay also hold a public hearing at his or her discretion,whenever, for instance, such ahearing might clarify one (1) or more issues involved in the permit decision. 6.8.c.2. Any person may submitoral or written statements and data concerningthe draft permit. Reasonable limits may be set upon the time allowed for oral statements,and the submission of statements in writing under paragraph 6.8.a.2 shall automatically be extended to ten (10) days after the close of any public hearings under subdivision 6.8.c. 6.8.c.3. A recording or written transcript of the hearing shall be made available to the public, upon request. 6.8.c.4. Any public hearingrequired under the provisions of subsection 6.8 shallbe held in the general area or the county in which a facility is located. 6.8.d. Reopening of the public comment period 6.8.d.1. If any data,information or arguments submitted during the public commentperiod raise substantialnew questions concerning apermit,or ifas aresult ofcommentssubmittedby someone otherthan the permit applicant,the Secretary determines to revise any condition of the permit that has been subject to initial public notice, the Secretaq shall take one (1) or more of the following actions: 6.8.d.1.A. Prepare a new draft permit, appropriately modified, under section 5; 

### 6.8.d.1.B. Prepare a revised fact sheet under subsection 6.9; or 6.8.d.1.C. Reopen or extend the comment period under subdivision 6.8.a. to give interested persons an opportunityto comment on the information or arguments submitted. 6.8.d.2. Comments filed during the reopened comment period shall be limited to the substantial new questions that caused its reopening. The public notice shall define the scope of the reopening.

### 6.8.e. Response to comments. 6.8.e.l. At the time that any final permit is issued, the Secretaq shall issue a response to comments. This response shall: 6.8.e. 1.A. Specifywhichprovisions,ifany,ofthe draftpermithavebeen changedin the final permit decision, and the reasons for the change; and 6.8.e. 1.B. Brieflydescribe andrespond to all significantcommentsonthedraftpermitraised during the public comment period, or during any hearing. 6.8.e.2. The response to comments shall be delivered to any person who commented or any person who requeststhe same. 6.9. Fact sheet 6.9.a. A fact sheet shall be prepared for eveq draft permit (includinggeneral permits) and for eveq facility or activity subject to this rule. The fact sheet shall briefly set forth the principal facts and the significant factual, legal,methodological andpolicy questionsconsidered in preparing the draftpermit. The Secretaq shall send this fact sheet to the applicant and, on request, to any other person and to the persons required under paragraph 6.8.a.3. 6.9.b. When a term or condition ofthe final permit differs from the draft permit the Secretaq shall prepare a statementofbasis that briefly describes each change from the changes in the draft permit and the reasons for the changes. The statementofbasis shallbe sent to the applicant,and to any other person upon request. 6.9.c. The fact sheet shall include,when applicable: 6.9.c.l. A brief description of the type of facility or activity which is the subject of the draft permit; 6.9.c.2. The type and quantity of emissions which are proposed to be or are being discharged; 6.9.c.3. A brief summaq of the basis for the draft permit conditions including references to applicable statutoq or regulatoq provisions; 6.9.c.4. Reasons why any requested variances or alternativesto required standards do or do not appearjustified; 6.9.c.5. A description of the procedures for reaching a final decision on the draft permit including; 6.9.c.5.A. The beginning and ending dates of the comment period under subdivision 6.8.a and the address where comments will be received; 6.9.c.5.B. Procedures for requesting a hearing and the nature of that hearing; and

### 6.9.c.5.C. Any other procedures by which the public may participate in the final decision. 6.9.c.6. Name and telephonenumber of a person to contact for additional information; 6.9.c.7. Any calculationsor other necessaq explanation ofthe derivation of specific emissions limitations and conditions including a citation to the applicable emission regulations, control technology guideline,or performance standardprovisions and reasons why they are applicableor an explanationofhow any alternativeemission limitationswere developed; and 6.9.c.8. When appropriate, a sketch or detailed description of the location of the emission source(s) described in the application. 

### 545-30-7. Permit Review 

### by U.S. EPA and Affected States. 

### 7.1. Transmissionof information to U.S. EPA 7.1.a. The Secretaq shall provide to the U.S. EPA a copy of each permit application (including any application for permit modification),each proposed permit, and each final Title V 

### operatingpermit. The applicant may be required by the Secretaq to provide a copy of the permit application (including the compliance plan) directly to the U.S. EPA. Upon agreementwith the U.S. EPA, the Secretaq may submit to the U.S. EPA apermit application summaq form and any relevant portion of the permit application and complianceplan in place ofthe complete permit application and complianceplan. To the extentpracticable, the preceding information shall be provided in computer-readable format compatible with U.S. EPA's national database management system. 7.1.b. The Secretaq shall retain for five (5) years such records and submit to U.S. EPA such information as U.S. EPA may reasonably require to ascertain whether the state Title V 

### operating permit program complies with the requirements of the Clean Air Act. 7.2. Review by affected states. 7.2.a. The Secretaq shall give notice of each draft permit to any affected state on or before the time that the Secretary provides this notice to the public under subsection 6.8, except to the extent subdivision 6.5.aallows the timing of the notice to be different. 7.2.b. The Secretaq, as part of the submittal of the proposed permit to U.S. EPA, (or as soon as possible afterthe submittalfor minor permit modification procedures allowedunder subdivision 6.5.a) shall notify U.S. EPA and any affected statein writingof anyrefusalby the Secretaqto acceptrecommendations for the proposed permit that the affected state submitted during the public or affected state review period. The notice shall include the Secretaq'sreasonsfor not acceptingany such recommendation. The Secretaq is notrequired to acceptrecommendationsthat arenot based on applicablerequirementsor therequirements of this rule. 7.3. U.S. EPA objection. 7.3.a. A permit shallnot be issued by the Secretaq if U.S. EPA objects in writing to the issuance of the permit within forty-five (45) days of the receipt of the proposed permit and all necessaq supporting information pursuant to $505 of the Clean Air Act.

### 7.3.b. For consideration by the Secretaq as a U.S. EPA objection under subdivision 7.3.a, the objection must contain a statement of U.S. EPA's reasons for objection and a description of the terms and conditions that U.S. EPA believes the permit must include to respond to the objections. 7.4. Public petitions to theU.S. EPA. --Ifthe U.S. EPA does not object in writing under subsection 7.3, any person may petition U.S. EPA within sixty (60) days after the expiration ofU.S. EPA's forty-five (45)- day review period to make such objection. Any such petition shall be based only on objections to the permit thatwereraised with reasonable specificity during the public comment period provided for in subsection 6.8, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. If the U.S. EPA objects to the permit as a result of a petition filed under this subsection, the Secretaq shall not issue the permit until U.S. EPA's objection has been resolved, except that a petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the forty-five (45)-day review period and prior to an U. S. EPA objection. In accordance with the provisions ofthe CleanAir Act and federal rules promulgated thereunder, U.S. EPA may issue, deny, modify, terminate, or revoke a Title V 

### permit upon failure of the Secretaqto resolve a U. S. EPA objection to a proposed permit or if the Secretaq issues a permit prior to the receipt of a U.S. EPA objection under subsections 7.3 and 7.4. 7.5. Prohibition on default issuance. -- 

### No Title V 

### operating permit (including a permit renewal or modification) shall be issued by the Secretaquntil affected states and U.S. EPA have had an opportunity to review the proposed permit as required under this section. 545-30-8. Fees. 

### 8.1. After the effective date of this rule, all stationary sources which are or will be required to obtain an operating permit under this rule shall pay fees in accordance with the following: 8.1.a. Transition fees. --Annual fees for all stationary sources shall be due on orbefore July 1, 1994, in the amount of fifteen (15) dollars per ton for actual emissions of all regulated pollutants (for fee calculation) discharged during the calendar year 1993. 8.1.b. Title V 

### operating permit fees. -- 

### On July 1,20 15, and on July 1of each year thereafter annual fees for all stationaq sources requiring Title V 

### operating permits shall be twenty-eight (28) dollars per ton subjectto an adjustment enumerated in subdivision 8.1.c,for actual emissions of all regulated pollutants (for fee calculation) discharged during the most recent calendar year or portion thereof. 8.l.c. On or before May 1, 1995and each May 1 thereafter, the Secretary shall determine whether to adjust the fees required under subdivision 8.1.b to adequately reflect the reasonable cost of the Title V 

### operating permit program. The Secretary may make such an adjustment in fees ofup to $2 per ton. The fees adjusted pursuantto this subdivision arenot cumulative and shall remain adjusted fornotmore than one year. 8.1.d. No fee shall be required under this rule with respect to emissions from any affected unit under $404 ofthe Clean Air Act until the period beginning January 1,2000. Thereafter, fees will be calculated in accordance with subdivision 8.1 .b. 8.1.d.1. Facilities which contain only affected units under $404 ofthe Clean Air Act continueto be subject to fees under 45CSR22 until the period beginning January 1,2000.

### 8.1.d.2. Facilities which contain affectedunitsunder $404oftheCleanAirAct and other affected units, under 45CSR33 and Title IV of the Clean Air Act, continue to be subjectto fees under 45CSR22 for the entire facility until the period beginning January 1,2000,and are subject to fees for such other affected units calculated in accordance with subdivisions 8.1 .a and 8.1.b. 8.2. Fee cap. -- 

### In determining fees under section 8, emissions of each regulated pollutant (for fee calculation) by a source in excess of four thousand tons per year (4,000 tpy) shall not be included in fee calculations. 8.3. Minimum fees. --Any non-major sourcerequired to have a Title V operating permit under thisrule shall pay fees in accordance with subsection 8.1,unless such calculated fees are less than the minimum fee of $200.00 per year. In such cases where the calculated fee is less than the minimum fee, the source shall be subject to the minimum fee. 8.4. Consumer price index riser. -- 

### Fees calculated for each fiscal year under the fee schedule in subdivision 8.1.b shall be increased by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of such year exceeds the Consumer Price Index for the calendar year 1993. For purposes of this clause: 8.4.a. The Consumer Price Index for any calendar year is the average of the Consumer Price Index for all-urban consumers published by the Department of Labor, as of the close of the twelve (12) month period ending on August 3 1 of each calendar year, and 8.4.b. The revision ofthe Consumer Price Index, if any, which is most consistent with the Consumer Price Index for 1993 shall be used. 8.5. Feemerger. --Any source subjectto annual operating certificate feesunder 45CSR22 "Air Quality Management Fee Program" and subject to fees under this rule shall be required to pay only the higher calculated fee. 8.6. Penalties and interest. --Anyperson who operates a stationaqsource inviolation ofsection 8 shall be subject to a penalty equal to five (5) percent of the Title V operating permit fee for each calendar month or portion thereof in which the violation continues in addition to the annual fee required to be paid under section 8. Fees due for the fiscal year beginning July 1 shall not be subject to any penalties if paid on or before July 3 1 of that fiscalyear. This penalty for delinquent payment is separate from and unrelated to any other penalties assessed by a court or collected by the Secretaqpursuant to W.Va. Code $22-5-1 et seq.,or any rules of the West Virginia Department of Environmental Protection. 8.7. Certified emissions statement 8.7.a. Fees will be based upon a certified emissions statement from a responsible official. The certified emissions statement shall contain an accurate accounting of the actual emissions of all regulated air pollutants and allregulated pollutants (for fee calculation) fromthe source as defined in subsections 2.33 and 2.34 for the most recent calendar year. 8.7.b. Each certified emissions statement shall be subject to review by the Secretruy. The Secretaq shall make or shall require the responsible official to make such adjustments or corrections to the certified emissions as the Secretaq determines to be necessaq.

### 8.7.b.1. The source shall be liable for any increased fees resulting from any adjustments to the certified emissions statements made pursuant to subdivision 8.7.b. 8.7.b.2. The Secretaqshallnotissue a TitleV 

### operating permit until suchadjustments have been made and any such liability satisfied. 8.7.b.3. The Secretaq shall credit the source with any decreasing adjustments to the certified emissions statement made pursuant to subdivision 8.7.b. 8.7.b.4. The Secretaq shall periodically provide or publish information and criteria for the purpose of emission statement and permit application preparation. Such information may be provided by reference to available U.S. EPA or other documents. 8.7.c. Fees and certified emissions statements shallbe due on July 1, 1994, and on July 1of each year thereafter. 8.8. Beginning in 1995, the Secretaq shall, on or before October 1 of each fiscal year, prepare an accounting of all Title V 

### fees received in the previous fiscal year and the manner in which they were used to fund the Title V 

### operating permit program. 545-30-9. 

### Transition plan. 9.1. The Secretaqshall assign for review andprocessingeach application for operatingpermitand shall set a timetable for the issuance of each permit in accordance with the following criteria: 9.1.a. Date of receipt of application; 9.1.b. Relative complexity of the application; 9.1.c. Anticipated schedule for federal and state enactment ofnewapplicablerequirementswhich are anticipated to be incorporated into the permit; 9.1.d. Type and amounts of air pollutants that will be discharged; 9.1.e. Availability and particular training of reviewing staff; and 9.1.f. Attainment status ofarea inwhich the stationaqsourceislocated or other geographical factors. 9.2. Notwithstanding other provisions of section 9, the Secretary may re-prioritize or reclassify any permit application based on changes in regulatoq requirements, area attainment status, or other relevant factors. 9.3. In establishing and periodically revisingthe timetable required in subsection 9.1, the Secretaq shall assure that final action istaken on at least one-third of all Title V 

### permit applications annually over aperiod not to exceed three (3) years from the effective date of the operating permit program. 545-30-10. 

### Enforcement.

### 10.1. General. --Theprovisions ofthisrule may be enforced by all oftheapplicable provisions ofW.Va. Code 822-5-1, et seq. 10.2. Violations. -- 

### Civil penalties shall be recoverable for the violation of any applicable requirement, permit condition, fee or filing requirement, duty to allow or carry out inspections, entry or monitoring activity, requirement for submission of reports, rule of the West Virginia Department of Environmental Protection or order ofthe Secretaq. Such violations shall constitute serious violations for purposes of civil enforcement as contained in W.Va. Code 822-5-6. 10.3. Federal enforcement. -- 

### For purposes of federal enforcement of any Title V operating permit or provision established under this rule, any reference to the Secretaq shall also mean the Administrator ofthe U.S. EPA. 10.4. Tamperingprohibited. --Pursuantto W.Va.Code 822-5-6,criminal penalties shallberecoverable against any person who knowingly renders inaccurate any required emission or process monitoring device or method. 545-30-11. Permit Suspension, Modification, Revocation and Reissuance. 

### The Secretary may suspend,modify, or revoke and reissue a Title V operating permit in accordance with the provisions contained in W.Va. Code 822-5-5. 545-30-12. Authority of the Secretary to Establish Applicable Requirements. 

### 12.1. After the effective date ofthe Title V operating permit program, the Secretaq shall determine and apply case-by-case MACT standards to each categoq contained in the "Initial List of Categories of Sources Under 112(c)(l) of the Clean Air Act Amendments of 1990," 57 Fed. Reg. 31576 (July 16, 1992) for each sourcecategoqor subcategoq for which U.S. EPA fails to timely promulgate a standard in accordance with the requirements of 

## 8 112(e) of the Clean Air Act. 12.2. [ 

### Reserved.] 12.3. After the effective date of the operating permit program, the Secretaq shall determine and apply case-by-case MACT standards to construction or reconstruction of any major source of hazardous air pollutants where no applicable emissions limitations have been adopted by the Secretaq. Such MACT standards must be equivalent to any applicable standard (if any) promulgated for such sources by U.S. EPA. 12.4. In determining case-by-case MACT standards, the Secretaq shall grant reasonable compliance schedules for existing sources, as provided under §112(e) of the Clean Air Act, and shall not require application for MACT under paragraph 4.1.a.5 where a source has met the early reduction requirement of 

## 8 112(i)(5) of the Clean Air Act. 12.5. The Secretaq may accept delegation of authority fromU.S. EPA to administer permits issued by U.S. EPA under the provisions of 45CSR33 and Title IV of the Clean Air Act. 12.6. The Secretary may accept delegation of authority to administer permits issued by U.S. EPA under the early reduction program for hazardous air pollutants of 

## 8 112(i)(5) of the Clean Air Act. Such authority shall include the ability to collect emission-based fees under section 8.

### 12.7. The Secretary may incorporate any provision into a permit which has been proposed by or agreed to by a permit applicant and which does not conflict with any applicable requirement. All such provisions shall be enforceable after issuance of a final permit. 

### 545-30-13. Severability. 

### 13.1. The provisions ofthis rule are severable and if any provision or part thereof shall be held invalid, unconstitutional, or inapplicable to any person or circumstance, such invalidity, unconstitutionality, or inapplicability shall not affect or impair any other remaining provisions, sections, or parts ofthisrule or their application to any persons and circumstances. 

### 545-30-14. Conflict with Other Rules. 

### 14.1. If a source is required to obtain an operating permit pursuant to this rule and is also required to obtain an operating permit under any otherrule ofthe Secretaq(not including preconstruction permits), then the provisions of this rule shall supersede the provisions of such other rule of the Secretaq which requires an operating permit.TABLE 45-30A CAS

Number 

### 75070 60355 75058 98862 53963 107028 7906 1 79107 107131 107051 9267 1 62533 90040 1332214

71432 92875 98077 100447 92524 117817 542881

75252 106990 156627 133062 63252 75150 56235 463581 120809 133904 57749 7782505 79118 532274 108907 510156

67663 107302 126998 1319773

95487 108394 106445 HAZARDOUS AIR POLLUTANTS Chemical Name 

### Acetaldehyde Acetamide Acetonitrile Acetophenone 2-Acetylaminofluorene Acrolein Acrylamide Acrylic acid Acrylonitrile Ally1 chloride 4-Aminobiphenyl Aniline o-Anisdine Asbestos Benzene (includingbenzene from gasoline) Benzidine Benzotrichloride Benzvl chloride Biphenyl Bis(2-ethylhexyl) phthalate (DEHP) 

### Bis(chloromethy1) ether Bromoform 1,3-Butadiene Calcium cyanamide Captan Carbaryl Carbon disulfide Carbon tetrachloride Carbonyl sulfide Catechol Chloramben Chlordane Chlorine Chloroacetic acid 2-Chloroacetophenone Chlorobenzene Chlorobenzilate Chlorofonn Chloromethyl methyl ether Chloroprene Cresols/Cresylic acid isomers and mixture) o-Cresol m-Cresol p-CresolCumene 2,4-D, salts and esters DDE Diazomethane Dibenzofurans 

### 1,2-Dibromo-3-chloropropane Dibutylphthalate 1,4-Dichlorobenzene@) 3,3-Dichlorobenzidene Dichloroethyl ether Bis(2-chloroethy1)ether) 1,3-Dichloropropene Dichlorvos Diethanolamine N,N-Diethyl 

### aniline(N,N-Dimethylaniline) Diethyl sulfate 3,3-Dimethoxybenzidine Dimethyl aminoazobenzene 3,3-Dimethylbenzidine Dimethyl carbamoyl chloride Dimethyl formamide 1,l-Dimethylhydrazine Dimethyl phthalate Dimethyl sulfate 4,6-Dinitro-o-cresol,and salts 2,4-Dinitrophenol 29-Dinitrotoluene 1,4-Dioxane(l,4-Diethyleneoxide) 1,2-Diphenylhydrazine Epichlorohydrin 

### (1-Chloro-2,3-epoxypropene) 1,2-Expoxybutane Ethyl acrylate Ethyl benzene Ethyl carbarnate (Urethane) Ethyl chloride (Chloroethane) Ethylene dibromide (Dibromoethane) Ethylene dichloride (1,2-Dichloroethane) Ethylene glycol Ethylene imine (Aziridine) Ethylene oxide Ethylene thiourea Ethylidene dichloride (1,l-Dichloroethane) Formaldehyde Heptachlor Hexachlorobenzene Hexachlorobutadiene Hexachlorocyclo-pentadiene Hexachloroethane 

### Hexamethylene-l,6-diisocyanateHexamethyl-phosphoramide 

### Hexane Hydrazine Hydrochloric acid Hydrogen fluoride (Hydrofluoric acid) Hydroquinone Isophorone Lindane (all isomers) Maleic anhydride Methanol Methoxychlor Methyl bromide (Bromomethane) Methyl chloride (Chloromethane) Methyl chlorofonn(l,l,1-Trichloroethane) Methyl hydrazine Methyl iodide (Iodomethane) Methyl isobutyl ketone (Hexone) Methyl isocyanate Methyl methaclylate Methyl tert butyl ether 4,4-Methylene bis (2-chloroaniline) Methylene chloride (Dichloromethane) Methylene diphenyl diisocyanate (MDI) 4,4'-Methylenedianiline Naphthalene Nitrobenzene 4-Nitrobiphenyl 4-Nitrophenol 2-Nitropropane N-Nitroso-N-methylurea N-Nitrosodimethylamine N-Nitrosomorpholine Parathion Pentachloro-nitrobenzene 

### (Quintobenzene) Pentachlorophenol Phenol p-Phenylenediamine Phosgene Phosph'ine Phosphorus Phthalic anhydride Polychlorinated biphenyls (Aroclors) 1,3-Propanesultone beta-Propiolactone Propionaldehyde Propoxur (Baygon) Propylene dichloride (1,2-Dichloropropane)Propylene oxide 1,2-Propylenimine(2-Methyl aziridine) Quinoline Quinone Styrene Styrene oxide 

### 2,3,7,8-etrachlorodibenzo-p-dioxin 1,1,2,2-Tetrachloroethane Tetrachloroethylene(Perchloroethylene) Titanium tetrachloride Toluene 2,4-Toluenediamine 2,4-Toluenediisocyanate o-Toluidine Toxaphene (chlorinated camphene) 1,2,4-Trichlorobenzene 1,1,2-Trichloroethane Trichloroethylene 2,4,5-Trichlorophenol 2,4,6-Trichlorophenol Triethylamine Trifluralin 2,2,4-Trimethylpentane Vinyl acetate Vinyl bromide Vinyl chloride Vinylidene chloride (1,l-Dichloroethylene) Xylenes (isomers and mixture) o-Xylenes m-Xylenes p-Xylenes Antimony Compounds Arsenic Compounds (inorganic including arsine) Beryllium Compounds Cadmium Compounds Chromium Compounds Cobalt Compounds Coke Oven Emissions Cyanide Compounds1 Glycol ethers2 Lead Compounds Manganese Compounds Mercury Compounds Fine mineral fibers3 Nickel Compounds Polycylic Organic Malter4 Radionuclides (includingradon)' Selenium CompoundsNOTE: For all listings above which contain theword "compounds" and for glycol ethers,the following applies: Unless otherwise specified, these listings are defined as including any unique chemical substance that contains the named chemicals (i.e., antimony, arsenic, etc.) as 

### part of that chemical's infrastructure. 'X'CN where X =H' or any other group where a formal dissociation may occur. For example KCN or Ca(CN), 'Includes mono- and di-ethers of ethylene glycol, diethylene glycol, and triethylene glycol R- (OCH,CH,),-OR'. Where:

R = alkyl C7 or less; or R =phenyl or alkyl substituted phenyl; R' = H or alkyl C7 or less; or OR' constituting of carboxylic acid ester, sulfate, phosphate, nitrate, or sulfonate. The substance ethylene glycol monobutyl ether (EGBE, 2-Butoxyethanol) (CAS Number 111-76-2) is deleted from the list of hazardous air pollutants established by 42 U.S.C. 7412(b)(l). 'Includes mineral fiber emissions from facilities manufacturing or processing glass, rock, or slag fibers (or other mineral derived fibers) of average diameter 

### 1micrometer or less. 'Includes organic compounds with more than one benzene ring, and which have a boiling point greater than or equal to 100°C. 'A type of atom which spontaneously undergoes radioactive decay.

### TABLE 45-30B CLASS I 

### AND CLASS I1 

### SUBSTANCES Class 

### I Substances Group I chlorofluorocarbon-1 1 (CFC-11) chlorofluorocarbon- 12 (CFC- 12) chlorofluorocarbon-1 13 (CFC-113) chlorofluorocarbon-1 14 (CFC-114) chlorofluorocarbon-1 15 (CFC-115) Group I1 halon-121 1 halon-1301 halon-2402 Group I11 chlorofluorocarbon-13 (CFC-13) chlorofluorocarbon-1 1 1 (CFC-111) chlorofluorocarbon-1 12 (CFC-112) chlorofluorocarbon-21 1 (CFC-2 11) chlorofluorocarbon-212 (CFC-2 12) chlorofluorocarbon-213 (CFC-2 13) chlorofluorocarbon-214 (CFC-214) chlorofluorocarbon-215 (CFC-2 15) chlorofluorocarbon-216 (CFC-2 16) chlorofluorocarbon-217 (CFC-217) Group 

### IV carbon tetrachloride Group 

### V methyl chloroform This list also includes the isomers of the substances listed above, other than 1,1,2- trichloroethane (an isomer ofmethylchlorofom). 

### Class I1 

### Substances hydrochlorofluorocarbon-21 (HCFC-21) hydrochlorofluorocarbon-22 (HCFC-22) hydrochlorofluorocarbon-3 1 (HCFC-3 1) hydrochlorofluorocarbon-121 (HCFC-12 1) hydrochlorofluorocarbon-122 (HCFC-122) hydrochlorofluorocarbon-123 (HCFC-123) hydrochlorofluorocarbon-124 (HCFC-124) hydrochlorofluorocarbon-13 1 (HCFC-13 1) hydrochlorofluorocarbon-132 (HCFC-132) hydrochlorofluorocarbon-133 (HCFC-133) hydrochlorofluorocarbon-141 (HCFC-141) hydrochlorofluorocarbon-142 (HCFC-142) hydrochlorofluorocarbon-22 1 (HCFC-22 1) hydrochlorofluorocarbon-222 (HCFC-222) hydrochlorofluorocarbon-223 (HCFC-223) hydrochlorofluorocarbon-224 (HCFC-224) hydrochlorofluorocarbon-225 (HCFC-225) hydrochlorofluorocarbon-226 (HCFC-226) hydrochlorofluorocarbon-23 1 (HCFC-23 1) hydrochlorofluorocabron-232 (HCFC-232) hydrochlorofluorocarbon-233 (HCFC-233) hydrochlorofluorocarbon-234 (HCFC-234) hydrochlorofluorocarbon-235 (HCFC-235) hydrochlorofluorocarbon-24 1 (HCFC-24 1) hydrochlorofluorocarbon-242 (HCFC-242) hydrochlorofluorocarbon-243 (HCFC-243) hydrochlorofluorocarbon-244 (HCFC-244) hydrochlorofluorocarbon-25 1 (HCFC-25 1) hydrochlorofluorocarbon-252 (HCFC-252) hydrochlorofluorocarbon-253 (HCFC-253) hydrochlorofluorocarbon-26 1 (HCFC-26 1) hydrochlorofluorocarbon-262 (HCFC-262) hydrochlorofluorocarbon-271 (HCFC-271) This list also includes the isomers of the substances listed above.