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ADMINISTRATIVE LAW DIVISION 

AGESCY .lir Qualih 

RULE TiPE Legislative AMESDMEST TO ESISTISG RULE Yes TITLE-SERIES 15-30 

RULE SAME Requirements for Operating Pennits 

eFILED 

4/7/2015 9:35:26 AM 

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CITE .AUTHORITY Sz:-s-d 

HOUSE OR SESATE BILL SU1,BER 

HE2283 

SECTIOS PASSED OS 

S64-3-l(d) 03!31:2015 

THIS RULE IS FILED \\?TH THE SECRETARE70F ST.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 

Yes 

Kristin .l Boggs -- B:- n~>- signature, I certif:- that I am the person authorized to file legislati\-e rules, 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. --This rule provides for the establishment of acomprehensive air quality permitting system 

consistent with the requirements of Title V of the Clean Air Act. All fees collected pursuant to this rule shall 

be expended solely to cover all reasonable direct and indirect costs required to administer the Title V 

operating permit 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 

operating permit, 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 limitations under 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 to 
section 3 that involves a change at the source for aparticular emissions unit, and that either results in the unit 

being subject to one or more applicable requirements which differ fromthose applicable to the emissions unit 

prior to implementation ofthe change or renders inapplicable one or more 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 Implementation Plan 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 of the 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 $ 11 1, including $ 11 l(d), of the Clean Air Act; 

2.7.d. Any standard or other requirements under $ 112 ofthe Clean Air Act, including any requirement 

concerning accident prevention under $ 1 12(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 of the 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 $1 14(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 $ 129 of the Clean 

Air Act; 

2.7.i. Any standard or other requirement for consumer and commercial products under $ 183(e) of the 

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 of the regulations promulgated to protect 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 

of Title I of the Clean Air Act, but only as it would apply to 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; and 
2.7.n. Any requirement imposed pursuant to the provisions of 45CSR4 and 45CSR27 and any other 

state-only requirement for state enforceable purposes only. 

2.8. "Approved replicablemethodology" or "ARM means terms in apermit pursuant to 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 of that 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 of the operating permit program" means the date that 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 of the term "affected unit" for purposes of Title IV of the 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 

equivalent to the lowest achievable emission rate (as defined in 8 17 1 of the 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. Reduce or 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 properties belong to same 

Major Group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification 

Manual, 1987, except that a research and development facility may be treated as a separate source from other 

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 

sources located 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 Table 45-30A for a listing of hazardous air pollutants regulated pursuant 

to this rule. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production 

well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not 

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 obtains regulatoq authority to implement 

federal requirements regarding radionuclides, the Secretaq shall define "major source" consistent with the 

federal requirements. 

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 (including any major source of fugitive emissions of any such pollutant, as determined by rule of 

the Secretaq). The fugitive emissions of a stationary source shall not be considered in determining whether 

it is a major stationaq source for the purposes of $302(j) ofthe Clean Air 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 of charging 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 -the termchemicalprocessingplant 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 of August 7, 1980 is being regulated 

under $81 11 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"; except that the references in this clause to one hundred (loo), fifty (50), twenty-five (25), and 

ten (10) tons per year of nitrogen 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 Clean 
Air 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 capacity of a source 

to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or 

on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the 

limitation is 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 apermit that the Secretaq proposes 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 subject to any standard promulgated under $ 11 1 of the Clean Air Act; 

2.33.d. Any Class I or I1 substance subject to a standard promulgated 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 $81 12(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 established pursuant to $1 12(e) of the Clean Air Act. 

2.33.e.2. Any pollutant for which the requirements of $ 112(g)(2) of the 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 other pollutantregulatedby the WestVirginiaDepartment ofEnvironmenta1 Protection 

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 $86.18 18-12(a) and means any "regulated air pollutant" except the 

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 $602 of the Clean Air Act. Refer to Table 45-30B 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 $ 1 12(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 existing plant 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 sources whose activities are conducted for nonprofit 

scientific or educational purposes; sources whose activities are conducted to test more efficient production 

processes or methods for preventing or reducing adverse environmental impacts, provided that the activities 

do not include the production of an intermediate or final product for sale or exchange for commercial profit; 

a research or laboratoq facility the primaq purpose of which is to conduct research 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 

of conductingresearch and development of more efficient combustion or more effective prevention 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 corporation in 
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: either aprincipal 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 for the 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 as actions, standards, requirements, or prohibitions 

under Title IV of the Clean Air 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 Secretaq has 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 changes that would 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, forthe purpose ofthisrule, anybuilding, structure, facility, 

or installation that emits or may emit any regulated air pollutant or any pollutant listed under 8 112(b) of the 

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 of the quantity of emissions of that pollutant, and that such a control requirement has 

taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released 

from the regulated activity. Except that: 
2.43.a. Greenhouse gases, the air pollutant defmed in40 CFR 886.18 18-12(a) as the aggregate group 

of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and 

sulfur hexafluoride, shallnot be subject to regulation unless, as of July 1,201 1, 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 GHGs emitted, 

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 Subpart A of 40 CFR Part 98 - Global Warming Potentials, and summing the resultant value for each 

to compute a tpy C0,e. For purposes of this 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 of non-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 1 11 of the Clean Air Act; 

3.1.a.3. Any source, including an area source, subject to a standard or other requirements under 

8 112 of the 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 of the 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 equipment and/or other operational limitations that make the source non- 
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 3.1 that are not major sources, 

affected sources, or solid waste incinerationunits required to obtain apermitpursuant to 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 established by U.S. EPA for non-major sources to which this rule 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 categories thatwould 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 categories thatwouldbe required to obtain apermit solely 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, soldering or welding equipment used as an auxiliaq to the principal equipment 

at the source. 

3.2.d.9. Any consumer product used in the samemanner as innormal consumer use, provided the 
use 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 for the Secretaq to 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. --Fugitive emissions from a source subject to this rule shall be 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 submit a timely and complete permit 

application in accordance with this section. 

4.1.a. Timely application 

4.1.a. 1. Except as otherwiseprovided, applications for permits for sources which are in 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 coal preparation plants as defined in 40 CFR §§60.250 and 25 1, 
whether major or minor sources, which are subject to performance standards under 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 operating permit program. 

4.1.a. 1.B. Applications for natural gas processing plants or natural gas pipeline compressor 

engines subject to this rule shall be submitted to the Secretaq within ninety (90) days of the effective date 

of the operating permit program. 

4.1.a. 1.C. Applications for all hot mix asphalt plants subject to the requirements of 40 CFR 

Part 60 Subpart I including area sources and all hot mix asphalt plants which are major sources shall be 

submitted to the Secretary within ninety (90) days of the effective date of the operating permit program. 

4.1.a. 1.D. Applications for glass manufacturing plants subject to this rule including area 

sources subject to 40 CFR Part 60 Subpart CC shall be submitted to the Secretaq within one hundred eighty 

(180) days of the effective date of the operating permit 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 operating permit program. 

4.1.a. 1.F. Application for all other stationary sources subject to this rule shall be submitted 

to the Secretary within twelve (12) months of the effective date of the operating permit program. 

4.1.a.2. Sources required to meet requirements under $1 12(g) of the Clean Air Act, or to have 

apermit under the preconstruction review program approved into the State Implementation Plan under Parts 

C or D of Title I of the Clean Air Act, including 45CSR14 and 45CSR19, or any other source which becomes 

subject to this rule after the effective date of the operating permit 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 single permit in accordance with all applicable provisions and procedures of this rule and all applicable 

preconstmction permitting rules. 

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 control permits 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 standard in accordance with the requirements of $ 1 12(e) of the Clean Air Act, the owner 

or operator of a major source subject to this paragraph shall file an application for a permit. If the owner or 

operator of a source has submitted a timely and complete application for a permit required by section 4, 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 available by the Secretaq. 
4.1.b. Complete application. -- To be deemed complete, an application must provide all information 

required pursuant to subsection4.3, except that applications for permit revision need supply such information 

only if it is related to the proposed change. Information required under subsection 4.3 must be sufficient for 

the Secretaq to evaluate the subject source and its application and to determine all applicable requirements. 

A responsible official shall certify the submitted information consistent with subsection 4.4. Unless the 

Secretaq determines that an application is not complete within sixty (60) days of receipt ofthe application, 

such application shall be deemed to be complete, except in the case of minor permit modifications made 

pursuant to subsection 6.5. Any application which is timely submitted and subsequently determined to be 

complete within the initial sixty (60) day completeness review period by the Secretary shall be deemed to 

be complete on the date that it was filed. If, during processing an application that has been determined or 

deemed to be complete, the Secretaq determines that additional information is necessary to evaluate or take 

final action on that application, the Secretaq may request such information in writing and set a reasonable 

deadline for a response. The source's ability to operate without 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. Confidential information. -- In the case where a source has submitted information to the State 

under a claim of confidentiality pursuant to W.Va. Code 822-5-10 and 45CSR31, the Secretaq may also 

require the source to submit a copy of such information directly to the U.S. EPA. 

4.2. Duty to supplement or correct application. --Any applicant who fails to submit any relevant 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 shall provide for a standard 

application form or forms. Information, as described below, for each emissions unit at a source which 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 necessaq to determine the applicability of, or to impose, any applicable requirement, and to 

evaluate the fee amount required under 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 from the company name), owner's name and agent, and telephone number and names of plant 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 identified by the source. 

4.3.c. The following emission-related information: 

4.3.c. 1. All emissions of pollutants for which the source is major, and all emissions of regulated 

air pollutants. A permit application shall describe all emissions of regulated air pollutants emitted from any 

emissions unit, except where such units qualify as insignificant emissionunits as defined in subdivision 3.2.d 
or 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 

subdivision 3.2.e. The Secretaq shall require additional information related to the emissions of air 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 of requirements 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 information is needed, including where necessaq to determine andlor assure 

compliance with an applicable requirement. 

4.3.c.4. The following information to 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. Other informationrequiredby 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 paragraphs 4.3.c.l through4.3.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 information that may be necessaq to 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 scenarios identified by the source pursuant to subdivision 5.1.i or to 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 relevant materials 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. Aschedule of compliance, includinganarrative description ofhow the source will 

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 certification of compliance with all applicable requirements by a responsible official 

consistent with subsection 4.4 and $1 14(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 reporting requirements 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 compliance certification requirements of the Clean Air Act and the rules of the 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 applications and compliance plans. 

4.4. Any application form, report, or compliance certification submitted pursuant to this rule shall 

contain certification by a responsible official of truth, accuracy, and completeness. This certification and 

any other certification required under 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. --Each Title V operating permit issuedunder section 6 shall include 

all applicablerequirements that apply to the source atthe time ofpermit issuance and the followingelements: 

5.1.a. Emission limitations and standards, including those operational requirements and limitations 

that assure compliance with all applicable requirements 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 applicable requirement that would apply as a result of implementing the approved replicable 

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 applicable requirement upon which the 

term or condition is based. 

5.1.a.2. The permit shall state that, where applicable requirements of the Clean Air Act are more 

stringent than any applicable requirement of 45CSR33, both provisions shall be incorporated into the permit 

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 alternative equivalent 

emission limit at a source to be made in the permit issuance, renewal, or significant modification 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 

sources regulated pursuant to this rule. 

5.l.c. Monitoring and related recordkeeping and reporting requirements 

5.l.c. 1. Each permit shall contain the following requirements with respect to monitoring: 

5.l.c. 1.A. All emissions monitoring and analysis procedures 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 applicablerequirement doesnotrequire periodic testingor instmental 

or noninstmental monitoring (which may consist of recordkeeping designed to serve as monitoring), 

periodic monitoring sufficient to yield reliable data from the relevant time periods that are representative of 

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 

conventions consistent with the applicable requirement. Recordkeeping provisions may be sufficient to meet 

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, the permit shall incorporate 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 as definedinthe permit, and time of sampling or measurements. 

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 of records 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 above 
records. 

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 of reports of any required monitoring at least every six (6) months, but 

no more often than once per month. All instances of deviations from permit 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 attributable to 

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 addition to monitoringreportsrequired by 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 

subsection 5.7, shall be reported by telephone or telefax within one (1) working day of the date on which the 

permittee becomes aware ofthe deviation, if the permittee desires to assert the affirmative defense 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 deviation that poses an imminent and substantial danger to public health, 

safety, or the environment shall be reported to the Secretary immediately by telephone or telefax. A written 

report of such deviation, which shall include the probable 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 identified in the permit as requiring more frequent 

reporting than 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 identify the probable cause of the deviation and 

any corrective actions or preventative measures taken. 

5.l.c.3.D. Every report submitted under this subsection shall be certified by a responsible 

official. 

5.l.c.3.E. A permittee may request confidential treatment for information submitted under 

this subsection pursuant 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 shall be placed on the 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 of the 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. Duty to comply. --The permitteemust comply with all conditions ofthe TitleV operating 

permit. Any permit noncompliance constitutes a violation of the Code of West Virginia and Clean Air Act 

and is grounds for enforcement action by the Secretaq or 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 as precluding consideration of aneed to halt or reduce activity as a mitigating factor in determining 

penalties for noncompliance if the health, safety, or environmental impacts of halting 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 of anotification of planned changes or anticipatednoncompliance does 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 

reasonable time, any information that the Secretaqmay request 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 furnish to the Secretary copies ofrecords required to be kept by 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. --A provision 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 applicable 
requirements 

5.1.i. Terms and conditions for reasonably anticipated alternative operating scenarios identified by 

the source in its application and which are approved by the Secretaq. Such terms and conditions: 

5.1.i. 1. Shall require the source, contemporaneously with making a change from one operating 

scenario to another, to record in a log at the permitted facility a record of the alternative operating 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 alternative operating 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 applicable requirements 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 5.1 and 5.3 to determine compliance; 

5.1 j 2 Shall extend the permit shield described in subsection 5.6 to all terms and conditions that 

allow such increases and decreases in emissions: and 

5.13 Shall meet all applicable requirements 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 

designed to limit a source's potential to emit and excepting those provisions that are specifically designated 

in the permit as " state-enforceable only", are enforceable by 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 state enforceable only are not subject to the requirements of section 

7 nor shall they be subject to objection, requests for permit reopening, or enforcement by 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 subject to 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 subdivision 5.1 .c : compliance certification, testing, monitoring, reporting, and 
recordkeeping requirements sufficient to assure compliance with the terms and conditions of the 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 orparameters to determine 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.h to 

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. Inaccordance with subdivision 5.l.c, ameans for assessing or monitoringthe 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 of the method(s) or other means used by the owner or operator 

for determining the 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 status of compliance with the terms and conditions ofthe permit for the period 

coveredby the certification, including whether compliance during the period 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 as well 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 as contained 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 sources may 

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 of the 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 under 
the terms of the general permit or must apply for a Title V operating permit consistent with section 4. The 

Secretaq may, in the general permit, provide for applications which deviate fromthe requirements of section 

4, provided that such applications meet the requirements of Title V of the Clean Air Act, and include all 

informationnecessary to determine qualification for, and to assure compliance with, 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) days to approve or deny arequest to be covered under 

a general permit. 

5.4.e. A source may 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 ofthe general 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. The terms 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. In the 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 subject to all procedures and processes, including public comment, to which the renewal 

is subject. 

5.5. Temporaq sources. -- The Secretaq may issue a single permit 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 of location during the term of the 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 aprovision stating that compliance with the conditions of the permit 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 on the permit application or revision, determines in writing that 
other requirements specifically identified are not applicable to the source, and the permit includes such a 

determination or a concise summaq thereof. 

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 5.6 or 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 of the Code of West Virginia and Title IV of the Clean Air 

Act, consistent with $408(a) of the Clean Air Act. 

5.6.c.3. The authority ofthe Administrator of U.S. EPA to require information under $ 114 of the 

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 source to 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 of preventative 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 such technology-based emission limitations ifthe conditions of subdivision 

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 emergency occurredand thatthe permittee can identify the cause(s) ofthe emergency; 

5.7.c.2. The permitted facility was at the time being properly operated; 

5.7.c.3. During the period of the 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 

emergency to the Secretaq within one (1) working day of the 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 (including 45CSR14 and 45CSR19), 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 Secretaq and to U.S. EPA, describing the change to be made, the date on which the change will occur, 

any changes in emissions, and any permit terms and conditions that are affected. The permittee shall 

thereafter maintain a copy of the 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 and U.S. EPA at least 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 quickly to 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 change will 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 applicable to 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. 

5 2.d. Upon the request of a permit applicant, the Secretary may issue a permit that 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 shield under subsection 5.6 shall apply to 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 subdivision 5.9.e, a facility may 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 requirements and may not 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 of the change. Such written notice shall describe each such 

change, including the date, any change in 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 requirement under 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 (including 45CSR14 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 of the following conditions 

have been met: 

6.1.a. 1. The Secretaq has received a complete application for apermit, permit modification, or 

permit renewal, except that a complete application need 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 required by subsection 7.2; 

6.1.a.4. The conditions ofthe permitprovide for compliance withal1 applicablerequirements and 

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 as provided under the initial transition plan 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 applications for construction or modification under 

45CSR13,45CSR14,45CSR15 or 45CSR19. 

6.1.d. The Secretaq shall promptly provide notice of the completeness to the applicant. Unless the 

Secretaq requests additional information or otherwise notifies the applicant of 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 applications pursuant to subdivision 6.5.a. 

6.1.e. Following receipt and review of an application, the Secretaq shall issue a draft permit, permit 

modification or renewal for public comment. In accordance with subsection 6.9, the Secretaq shall develop 

a statement that sets forth the legal and factual basis for the draft permit conditions (including references to 

the applicable statutoq or regulatoq provisions). The Secretaq shall send this statement to 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 single permit 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 operating permit. 

6.2. Requirement for apermit. --Except as provided 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 (including for renewal), the source's 

failure to have a Title V operating permit is not a violation of this 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 a timely 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 has been issued or denied, and any permit shield granted for the permit shall continue in 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 change in the name, address, or phone number of any person identified in 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 source where 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 Title V operating permit all provisions required under this rule and 

all preconstmction requirements under Title I of the Clean Air Act (includingrequirements of 45CSR14 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 source may implement the changes addressed in the request for an administrative 

amendment immediately upon 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 modification is any revision or modification to aTitle V 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 

modifications that: 

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 determination of 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 requirement and which 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 $1 12(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 any ruleofthe Secretayto beprocessedasasignificant 

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 of the West Virginia Department of Environmental Protection which are 

approved by U.S. EPA as part of the State Implementation Plan 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. -- Anapplicationrequestingtheuse ofminor permit modification procedures 

shall meet the requirements of subsection 4.3 and shall include the following: 

6.5.a.2.A. A description of the change, the emissions resulting fromthe change, and any new 
applicable 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 of minor permit modification procedures and arequest that 

such procedures be used; and 

6.5.a.2.D. Completed forms for the Secretaq to 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.a to notify U.S. EPA and affected states of the requested permit modification. The proposed permit 

shall be the 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 until U.S. EPA has notifiedthe Secretaq that 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 of the 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 and transmitto 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.A through 6.5.a.4.C, the source must comply with both the applicable requirements governing the 

change and the proposed permit terms and conditions. During this time period, the source need not comply 

with the existing permit terms and conditions it seeks to 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 of the proposed terms and conditions is relevant 

in considering any sanction. 
6.5.a.6. Permit shield. --The permit shield under subsection 5.6 shall not extend to minor permit 

modifications. 

6.5.b. Significant modification procedures 

6.5.b. 1. Criteria. -- Significant modification procedures shall be 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. Modifications under any provision ofTitle I ofthe Clean Air Act, except thosethat 

qualify for processing as administrative permit amendments under subsection 6.4 or any rule of the 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 inthejudgement ofthe Secretruywouldrequire decisions 

to be made on significant or complex issues that generate or 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 modifications shallmeet all requirements ofsection 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 of the permit. A permit shall be reopened and revised under any of the 

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 of the 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 shall not expire until the renewal permit has been issued or denied and 

any permit shield that may be granted pursuant to subsection 5.6 may extend beyond the original permit term 
until 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. Additional requirements (including excess emissions requirements) become applicable 

to an affected source under 45CSR33 and Title IV of the Clean Air Act or other rules of the West Virginia 

Department of Environmental Protection. Upon approval by U.S. EPA, excess emissions offset plans shall 

be incorporated into the permit. 

6.6.a.3. The Secretaq or U.S. EPA determines that the permit contains amaterial mistake or that 

inaccurate statements were made in establishing the emissions standards or other terms or conditions of the 

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 applicable requirements. 

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 shall have ninety (90) days fromreceipt of aU.S. EPA objection to resolve any 

objection that U.S. EPA makes and to terminate, modify, or revoke and reissue the permit in accordance with 

U.S. EPA's objection. In accordance with the Clean Air Act and federal rules promulgated thereunder, U.S. 

EPA has authority to terminate, modify, or revoke and reissue a Title V operating permit after failure of the 

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 initial permit issuance, significantmodifications, andrenewals, 

shall provide adequate procedures for public notice including offering an opportunity for public comment 
and 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 for public comment. Upon request of the permit applicant the public comment period may be extended 

for an additional thirty (30) days. Further extension of the comment period may be granted by 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 of the 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 

entitled to receive notice under this subparagraph may waive his or her rights to receive 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 Secretaq knows 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 permit 
proceedings 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 from those listed. The Secretaq may 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 Secretaq publishing 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 of the permittee or permit applicant and, if different, of the 

facility or activity regulated by the permit, except in the case of general permits; 

6.8.a.4.A.3. A briefdescription ofthe businessconductedatthe 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 of the 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 may request apublic hearing, if no public hearing has 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 a public hearing shall be 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 significant degree of public interest on issues relevant to the draft permit(s). The Secretaq may 

also hold a public hearing at his or her discretion, whenever, for instance, such a hearing might clarify one 

(1) or more issues involved in the permit decision. 

6.8.c.2. Any person may submit oral or written statements and data concerning the 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 hearing required under the provisions of subsection 6.8 shall be 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 comment period raise 

substantial new questions concerning a permit, or if as aresult of comments submittedby someone other than 

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 opportunity to 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. Specify whichprovisions, if any, ofthe draft permithave been changed in the final 

permit decision, and the reasons for the change; and 

6.8.e. 1.B. Briefly describe andrespond to all significant comments onthe draftpermit raised 

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 requests the same. 

6.9. Fact sheet 

6.9.a. A fact sheet shall be prepared for eveq draft permit (including general 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 and policy questions considered in preparing the draft permit. 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 of the final permit differs from the draft permit the Secretaq shall 

prepare a statement of basis that briefly describes each change from the changes in the draft permit and the 

reasons for the changes. The statement of basis shall be 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 alternatives to required standards do or do not 

appear justified; 

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 telephone number of a person to contact for additional information; 

6.9.c.7. Any calculations or other necessaq explanation of the derivation of specific emissions 

limitations and conditions including a citation to the applicable emission regulations, control technology 

guideline, or performance standard provisions and reasons why they are applicable or an explanation ofhow 

any alternative emission limitations were 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. Transmission of 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 operating permit. 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 agreement with 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 

compliance plan in place ofthe complete permit application and compliance plan. To the extent practicable, 

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.a allows 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 after the submittal for minor permit modification procedures allowedunder subdivision 6.5.a) shall 

notify U.S. EPA and any affected state in writing of any refusal by the Secretaq to accept recommendations 

for the proposed permit that the affected state submitted during the public or affected state review period. 

The notice shall include the Secretaq's reasons for not accepting any such recommendation. The Secretaq 

is not required to accept recommendations that are not based on applicable requirements or the requirements 

of this rule. 

7.3. U.S. EPA objection. 

7.3.a. A permit shall not 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 the U.S. EPA. --If the 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 of U.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 

thatwere raised 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 of the Clean Air Act and federal rules promulgated 

thereunder, U.S. EPA may issue, deny, modify, terminate, or revoke a Title V permit upon failure of the 

Secretaq to 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 Secretaq until 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 or before 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 1 of each year thereafter annual 

fees for all stationaq sources requiring Title V operating permits shall be twenty-eight (28) dollars per ton 

subject to 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, 1995 and 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 of up to $2 per ton. The fees 

adjusted pursuant to this subdivision are not cumulative and shall remain adjusted for not more than one year. 

8.1.d. No fee shall be required under this rule with respect to emissions from any affected unit under 

$404 of the 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 of the Clean Air Act continue to 

be subject to fees under 45CSR22 until the period beginning January 1,2000. 
8.1.d.2. Facilities which contain affectedunits under $404 ofthe Clean Air Act and other affected 

units, under 45CSR33 and Title IV of the Clean Air Act, continue to be subject to 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 source required to have a Title V operating permit under this rule 

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 of the Consumer Price Index, if any, which is most consistent with the Consumer 

Price Index for 1993 shall be used. 

8.5. Fee merger. --Any source subject to annual operating certificate fees under 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. --Any person who operates a stationaq source inviolation of section 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 fiscal year. This penalty for delinquent payment is separate from and unrelated to any 

other penalties assessed by a court or collected by the Secretaq pursuant 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 all regulated 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 Secretaq shallnot issue a Title V operating permit until such adjustments 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 shall be due on July 1, 1994, and on July 1 of 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 Secretaq shall assign for review andprocessingeach application for operatingpermit and 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 ofnew applicablerequirements which 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 of area in which the stationaq source is located 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 is taken 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. --The provisions ofthis rule may be enforced by all ofthe applicable provisions of W.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 of the 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 of the 

U.S. EPA. 

10.4. Tamperingprohibited. --Pursuant to W.Va. Code 822-5-6, criminal penalties shall be recoverable 

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 of the 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 

source categoq or 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 from U.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 of this 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 of this rule 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 other rule 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 

10705 1 

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 (including benzene 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-Cresol 
Cumene 

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-Dimethyl benzidine 

Dimethyl carbamoyl chloride 

Dimethyl formamide 

1,l-Dimethyl hydrazine 

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-diisocyanate 
Hexamethyl-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-Propane sultone 

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-Toluene diamine 

2,4-Toluene diisocyanate 

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 (including radon)' 

Selenium Compounds 
NOTE: For all listings above which contain the word "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 11 1-76-2) 

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 1 micrometer 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 ofmethyl chlorofom). 

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.