FOR31 3 - SOTICE OFXGESCY APPROIXL OF-4 PROPOSED RCLE -4SD FILISG \\'ITH THE 

LEGISL--TEE RrLE JL-IKISG REVIEIY COlL3ZITTEE 

AGESCY Air Qualit?' RULE TYPE Legislative AMESDlEST TO ESISTISG RULE Yes TITLE-SERIES 45-14 RULE SAME Permits for Construction and Major Modification of llajor Stationa~ Sources for the 

Prevention of Significant Deterioration of Air Quality 

CITE AUTHORITY 22-5-4 

THE ABOI'E PROPOSED LEGISLATIVE RULE H.4I'ISG GOSE TO A PUBLIC HEARISG OR A PUBLIC CO3nEST PERIOD IS HEREBY APPRO'C'ED BY THE PROh.ILTLG.1TISG AGESCY'FOR FILISG IYITH 

THE SECRETARY OF STATE ASD THE LEGISL-STIVE RULE-1LAKISG REI'IEI.' COhfhlIT'TEE FOR 

THEIR REI'IEI'. 

Legislative Rule-Ma king 

JUL 2 6 2013 

Review Committee 

BY CHOOSISG 'YES': 1 ATT'EST THAT THE PREVIOUS STATEhESTS ARE TRUE ASD CORRECT 

Yes Kristin -4 Boggs -- By my signature, I certify that I am the person authorized to fiIe legislative rules, in 

accordance with West Virginia Code 829X-3-11 and 839.4-3-2. 

Title-Series : 45-14 

l Ill l llll llll I1 ll Ill Ill 

Rrrle Id: 9G5? 
FORM 10 -- LEGISLATKE QrESTIOSSdIRE (Page 1) 

AGESCY Air Quality 

RULE TYPE Legislative AMESDM'EST TO ESISTISG RULE Yes TITLE-SERIES 45-14 

RULE SAME Permits for Constrvction and Major Modification of llajor Staticmarl\. Sources for the 

Prevention of Significant Deterioration of Air Quality 

CITE AUTHORITk' 22-5-4 

DATE FILED IS STATE REGISTER IVITH SOTICE OF HEARISG OR PUBLIC COhlXEST PERIOD Thursday, June 06,2013 

nXAT OTHER SOTICE: ISCLUDISG ADVERTISISG, DID YOU GIIrE OF THE HEARISG? Public Sotice placed on Department of En~iroamental Protection's web site? distributed via the agency's mailing list, and in a Class I legal ad published in the Charleston Sewspapers. 

DATE OF PUBLIC HEARISG(S) OR PUBLIC COlNEST PERIOD ESDED )Ionday, Juiy 08,2013 

Kristin -4 Boggs -- By my signamre, I certify that I am the person authorized to file legtlative rules, in accordance with West Viinia Code 929-4-3-11 and g39.4-3-2. 

Title-Series : 45-10 Rule Id: 5081 Document: 25118 
FORM 10 -- LEGISLATn-E QIL'ESTIOSSAIRE (Page 2) 

AGESCY Air Quality 

RULE TYPE Legisla tir-e AMESDhEST TO ESISTISG RLTLE , Yes TITLE-SERIES 45-14 

RULE SAME Permits for Construction and Major JIodification of IIajor Stationaq- Sources for the 

Prevention of Significant Deterioration of Air QUPEQCITE AUTHORIW 22-5-J 

ATTACH LIST OF PERSOSS U'HO APPEARED AT HEARISG, COMMESTS FS,CEII'ED, 

AMESDMESTS, REASOSS FOR A>fESDhESTS. DATE YOU FILED IS STATE REGISTER THE AGESCY APPROVED PROPOSED LEGISLATIVE RULE 

FOLLOIYISG PUBLIC HEARISG: (BE EXACT) 

JIonda>*, Jub 22,2013 

SAME: TITLE, ADDRESS ASD PHOSE FAX ElIAIL SUhIBERS OF AGESCY PERSOS(S) TO RECEIVE 

ALL IIRITIZS CORRESPOSDESCE REGARDISG THIS RULE Public Information Office 

111' Department of En~ironmental Protection 601 57th Street, S.E. Charleston, Nl* 25304 Phone: (304) 926-0499 

Fax: (304) 926-0443 E-mail: dep.comments:~ \~c.go\- 

Kristin -4 Boggs -- By my signature, I ceMy that X am the person authorized to file IegisIatil-e rules, in 

accordance with West Yiinia Code 529-4-3-11 and 539X-3-2. 

Title-Series: 45-14 Rule Id: 4881 Dacumentr 25118 
FORM 10 -- LEGISL=tTn'E QTESTIOSSAIRE (Page 3) 

AGESCY Air Quality 

RULE NPE Legislative AlfESDMEST TO EXISTISG RULE Yes TITLE-SERIES 45-1 4 

RULE SAME Permits for Constructioa and Major Modification of Major Stationary Sources f0.r the 

Brevea tion of Significant Deterioration of Air Qualit?. 

CITE .AUTHORITY 

IF DIFFEREST FROM ABOF'E: PLEASE GIYE SAME, TITLE: ADDRESS: ASD PHOSE SUlIBER(5) OF 

AGESCY PERSOS(S) U'HO IIROTEASD OR HAS.RESPOSS1BILITYFOR THE COSTESTS OF THIS 

RULE 

Jobn -4. Benedict, Director 

Division of Air Quali~ 

MT Department of Environmentai Protection 601 57th Street, S.E. CharIeston, IJT 25304 

Phone: (304) 926-0499 Fax: (304) 926-0488 E-Mail: tarnmy.Lmo~vrer~ ~~-vcgolIF THE STATUTE USDER RHICH YOU PROMULGATED THE SUBMITTED RULES EQUIRES 

CERTAIS FISDISGS -4SD DETER&iISATIOSS TO BE MADE AS A COSDITIOS PRECEDEST TO THE PROMULGATIOS. GIYE THE DATE UPOS IWICH YOU FILED IS THE ST-ATE REGISTER A SOTICE 

OF THE TIME ASD PLACE OF G HEARISG FOR THE TAKISG OF EYIDESCE AXD A GESERAL 

DESCRIPTIOS OF THE ISSUES TO BE DECIDED. Thursday, June 06,2013 

Kristin -4 Boggs - By my signature, I certify that I am the person authorized to file legislah-e rules, in 

accordance with \Yest 1-iqinia Code 529-4-3-11 and $39-43-2. 

Title-Series: 45-14 Rule Id: 9081 Document: 25118 
FORM 10 -- LEGISL--ITI\"E QrESTIOSS-4IRE (Page 4) 

AGESCY Air Qualip RULE TYPE Legislative AMESDhfEST TO EXISTISG RULE Yes TITLE-SERIES 45-14 

RULE XA>,fE Permits for Construction and Major 1\Iodification of llajor Stationan- Sources for the 

Prev~ntion of Significant Deterioration of Air Quality 

CITE .AUTHORITY 23-5-1 

DATE ,OF HEARISG OR CO53hEST PERIOD llandag*, Jub- 08,2013 

OS IIHAT D.4E DID YOU FILE IS THE STATE REGISTER THE FISDISCTS ASD DETERMSATIOSS 

REQUIRED TOGETHER IYITH THE REASOSS THEREFOR? JIonday, Jub 22,2013 

ATTACH FISDISGS ASD DETERhIISATIOSS ASD REASOSS 

Sone 

BY CBOQSISG 'YES': I AlTEST THAT THE PREl'IOUS STATEMESTS ARE TRUE AXD CORRECT. 

Yes Kristin X Bogp -- By my signature, 1 certify that I am the person authorized to file legislative rules, in accordance with West I-irginia Code 329-4-3-11 and 539A-3-2. 
FORM 11 -- FISC-4L SOTE FOR PROPOSED RZ'LES (Page 1) 

AGESCY Air Quality 

RULE TYPE Legisla tire AMESDMEST TO EXISTISG RULE Yes TITLE-SERIES 45-14 

RULE SAME Permits for Construction and Major Jlodification of Major Stationa? Sources for the 

Prel-ention of Significant Deterioration of Air Qualiv 

CITE AUTHORITY 22-54 

SUh353.4RIZE IS A CLEAR ASD C'OSCISE MASSER II'HAT IMPACT THIS MEASURE WILL HAI'E OS' 

COSTS ASD REI'ESUES OF STATE: GOI'ERS-MEST. SO impact above that resulting from currenth applicable federal emission standards. 

Kristin -4 Boggs -- B>- my signature, I certify that I am the person authorized to file legislative rules, in accordance with West Yiinia Code S29-1-3-11 and 839.43-2. 

Title-Series: 45-14 Document: 25118 
FORM 11 -- FISCAL SOTE FOR PROPOSED RZ'LES (Page 2) 

AGESCY .Air Quali~ RULE IYPE Legislative AMESDMEST TO ESISTISG RULE Yes TITLE-SERIES 45-14 RULE SAME Permits for Construction and Major AIodification of Major Stationaq Sources for the 

Pre~ention of Significant Deterioration of.Air Quality 

CITE AUTHORITE' 22-54 

FISCAL SOTE DETAIL -- SHOIV OI'ER-ALL EFFECT IS ITEM 1 AAS D ASSD, IS ITEM 3: GIVE AS 

ESPLASATZOS OF BREAKDOFIS BY FISCALYEAR, ISCLUDISG LOSG-RASGE EFFECT. 

Effect Of Proposal Current 1ncrease;Decrease Sext Increase!Decrease Fiscal \:ear (Upon 

(use ' - ') (use ' - ') Full Implementation) 

ESTIJL4TED 

TOTAL COST 

CCRREST EXPESSES 

REPAIRS -4SD 

..u.TERATlOSS 

ASSETS 

OTHER 

ESTIILaTED 

TOTAL RE\Z>TES 

Kristin -4 Boggs -- By my signature, I certify that I am the person authorized to file 1agislati.c.c mles, in accordance with West Yiinia Code 529-4-3-11 and 839.4-3-2. 

IIIIII IIII 1111111111O Il111 IIIIII IIII IIIIIIIIllllllllR 
FORM 11 -- FISCAL SOTE FOR PROPOSED RrLES (Page 3) 

AGESCY Air Quality RULE TYPE Legisla tire G?(ESDlEST TO ESISTISG RULE Yes TITLE-SERIES 45-1 .i 

RULE SAME Perds for Construction and Major llodification of Major Stationan. Sources for the 

Prevention of Significant Deterioration of Air Quality 

CITE AUTHORITY ::-s-d 

3. ESPLASATIQX OF A30I.E ESTIlWTES (ISCLUDISG LOSG-RASGE EFFECT). PLEASE ISCLUDE 

ASY ISCREASE OR DECREASE IS FEES IX YOUR ESTIhlATED TOTAL REI'ESUES. 

Costs anticipated to be incurred by revision to this rule are included in prior cost estimates prepared for 

state implementation' of Title 1' of the Clean Air Act, as amended, under 41CSR30. Full Title Y program 

approraI was issued by the T.S. Ensironmental Protection Agency on Sovember 19,2001. 

Kristin X Boggs -- By my signature, I certify that I am the person authorized to file legislake rules, in 

accordance with \Yest Virginia Code 529-43-11 and 939.4-3-2. 

Title-Series: 45-14 Document: 25118 
FOR11 11 -- FISCAL SOTE FOR PROPOSED RC'LES (Page 4) 

AGESC'Y Air Quality 

RULE TYPE Legislath-e AMESDhIEST TO EXISTISG RULE Yes TITLE-SERIES 45-14 

RULE SAME Perrnits for Construction and 1lajor llodification of Major Stationan- Sources for the 

Preven tian of Significant Deterioration of ,Air Quiliv 

CITE AUTHORIZ"f 2zj-A 

PLEASE IDEST'IFY ASYAREAS OF YAGUESESS: TECHSICAL DEFECTS, REASOSS THE PROPOSED RULE 'Si*OULD SOT HAVE A FISCAL IMPACT: XSD OR ASY SPECIAL ISSUES SOT CAPTURED 

ELSENXERE OS THIS FORM. 

Kristin -4 Boggs -- B?- my signature, I certify that I am the person authorized to file legislative rules, in accordance with \Yest 1-irgiuia Code 829-4-3-11 and 339-4-3-2. 
FORM 12 -- BRIEF SZ'JIlL4RY ASD STATEMEST OF CIRC~JZST-4SCES (Page 1) 

AGESCY Air Quality RULE IYPE. Legishtire AMESDhEST TO ESISTISG RULE Yes TITLE-SERIES 43-14 

RULE SAME Permits for Construction and Major Modification of Major Stationap Sources for the 

Preyention of Significant Deterioration of Air Quality 

CITE. AUTHORITY E-S-1 

SUlLMRIZE IS A CLEAR ASD COSCISE 114SSER COXTESTS OF CHASGES IS -RULE ASP 

STATEMEST OF CIRCUMSTASCES REQUlRISG THE RULE. 

This rule establishes -a state construction permit program consistent toiith the federal 

Clean Air Acts Title I program and implementing regulations at 40 CFR 551.166, Prevention 

of Significant Deterioration of Air Quality. 05CSR14 is part of the State Implementation 

Plan and sets forth the criteria and procedures for major stationary sources to obtain a 

permit to construct, operate and/or modify a major stationary source. 

As required by 40 CFR Part 51, Subpart I - Review af New Sources and i~lodifications, this 

rule adopts criteria and procedures for the prevention of significant deterioration of 

air quality that are consistent with the governing federal regulation at 40 CFR 551.166. 

Promulgation of this rule by the Legislature is necessary far the State to fulfill its 

responsibilities under 40 CFR Part 51 and the CAA, as amended. 

Revisions to the rule incorporate implementation of 2012 Particulate ;latter FIAAQS 

requirements with respect ro the significant deterioration permitting program. The revision contains a grandfathering provision in the Specific Exemptions for PSD 

permitting requirements associated with the revised PA hIAAQS that othervise apply to permits issued on or after ;larch 18, 2013. Pevmit applications that qualify for 

grandfathering are not required to show that emissions increases will not cause or 

contribute to a violation of the revised annual P:,l2.S tJAAQ5, and rather may continue to 

BY CHOOSISG 'YES', I ATTEST THAT TElE PREVIOUS STATEMESTS ARE TRUE ASD CORRECT. 

Yes Kristin A Boggs -- By my signature, I certify that I am the person authorized to file legislative mles, in accordance with West 1-irginia Code 529.4-3-11 and g39-4-3-2. 

Title-Series: 45-14 Rule Id: 4881 Document: 25118 
FORM 12 -- BRIEF STlI,\L-ARY ASI) ST--1TEIIEST OF CIRCl-IlST-ASCES (Page 2) 

AGEXCY Air Quality RULE TYPE Legislative AMESD3EST TO EXISTISG RULE Yes TITLE-SERIES 45-14 RULE SAME Permits for Construction and Major llodification of Major Stationary Sources for the 

Prel-ention of Significant Deterioration of Air Quality 

CITE AUTHORITY ::Z-r 

.SUI.IMARIZE IS A CLEAR ASD COSCISE hL4SSER COSTESTS OF CHASGES IS RULE ASD 

STATEJEST OF CIRCUMSTASCES REQUIRISG THE RULE. 

be processed in accordance with the previously applicable PPI MAAQS. 

The existing definition of Regulated NSR Pollutant (at subsection 2.66) generally excludes the measurement of condensable fraction of Pil in the context of the PSD regulations. However, the rule does preserve the requirement in some particular cases to include condensable Pi4 as required by other regulations, such as neb) source performance 

standards. For purposes of PSD, the revised definition of Regulated NSR Pollutant 

includes the measurement of PM2.S and PM18 condensable particulate matter in all cases. 

Due to a lanuary 22, 2013 DC Circuit court decision, significant impact levels and 

significant monitoring concentration levels for Pi42.5 have been vacated and remanded to EPA. Therefore, the significant impact levels and the Pt42.S significant monitoring 

concentration levels have been struck from the rule. 

The DAQ will submit final rule 45CSR14 as a revision to the State Implementation Plan. 

BY CHOOSISG 'ITS', I ATEST MAT THE PREI'IOUS STATEMESTS ARE TRUE ASD CORRECT 

Yes Kristin -4 Boggs -- By my signahre, I certify that I am the person authorized to file legislative rules, in accordance with \Yest Viinia Code 529.4-3-11 and 939A-3-2. 

AIR QUALITY 

SERIES 14 

PERMITS FOR CONSTRUCTION AND WOR MODIFICATION OF 

MAJOR STATIONARY SOURCES FOR THE 

PREVENTION OF s1~mcA'iYT DETERIORATION OF AIR QUALITY 

w5-14-1. General. 

1.1. Scope. - %is rule establishes and adopts a precoristruction permit programin accordance with the 

policy of §101@)(1) of the Clean Air Act (CAA), the purposes of 5160 ofthe CAA, and the prevention of 

significant deterioration of air quality requirements of 40 CFR $51.166. PreconsEruction permits issued 

pursuant to this rule shall contain emission limitations and such other measures as may be necessary for the prevention significant deterioration of air quality. This de provibes: 

1.1 .a. A mechanism to ensure that economic growth will occur in harmony with the preservation of 

existing clean air resources; to prevent the development of any new non-atkhment problems; to prmct the 

public health and welfare from any adverse effects which might occur even at air quality levels better than 

the National Ambient Air Quality Standards; and to preserve, protect, and enhance the air quality in areas of 

special natural, recreational, scenic, or historic value. It is the intent of the Secretary to register and evaluate 

sources of air pollutants and to preclude the constmction or relocation of any major stationary source or major 

modification in any area classzed as attaining National Ambient Air Wty Standards or unclassifiable in 

which the establishment of such source or modification may interfere with the goals of the prevention of 

significant deterioration of air quality levels; and 

1.l.b. A method to quantitatively define significant deterioration of air quality with respect to the 

desired degree of presentation of air quality for various areas and to set forth procedures for registration and 

reporting, and the criteria for obtaining a permit to construct or relocate a major stationary source or make 

a major modification to a statianary source within a designated attainment or unclassified area of the State 

of West Virginia. Such construction, modification, or relocation without such a permit is a violation of this 

rule. 

1.2. Authority. -- W. Va. Code g22-5-4. 

1.3. Filing Date. -- v. 

1.4. Effective Date. -- SL i, 233. 

1.5. Federal Regulation. -- Unless otherwise indicated, where reference to a federal regulation or 

standard appears in this de, such regulation or standardwill, for the purpose of this rule, be construed as that 

version which was in effect as of ' - :, 2tM June 1.2013. 

1.6. Former Rules. -- This legislative rule amends 45CSR14 - "P&ts for Construction and Major 

Modification of Major Stationary Sources for the Prevention of Significant Deterioration of Air Quality" 
2.1. 'Actual emissionsn means the actual rate of emissions of a pollutant fiom an emissions unit, as 

described below, except that this definition shall not apply for calculating whether a significant emissions 

increase has occurred, or for establishing a PAL under section 25. Instead, subsections 2.63 and 2.8 shall 

apply fm those purposes. 

2.l.a. In. general, actual emissions as of apdcular date shall equal the average rate, in tom per year, 

at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the 

particular date and which is representative of normal source operation. The Secretary may allow the use of 

a different time period upon a determination that it is more representative of normal source operation. Actual 

emissions shall be cal~idate~using theunit's actual operating hours, productionrates, and types of materials 

processed, stored, or cornbusted during the selected time period. 

2.1 .b. The Secretary may presume that source-specific allowable emissions for the unit are equivalent 

to the actual emissions of the unit. 

2.1 .c. For any emissions unit which has not begun nod operations on the particular date, actual 

emissions shall equal the potential to emit of the unit on that date. 

2.l.d. For an electric utility steam generating unit (other than a new unit or the replacement of an 

existing unit) actual emissions of the unit following the physical or operational change shall equal the 

representative actual annual emissions of the unit following the physical or operational change, provided the 

source owner or operator maintains and submits to the Director, on an annual basis for a period of five (5) 

years from the date the unit resumes regular operation, information demonstrating that the physical or 

operational change did not result in an emissions increase. A longerperiod, not to exceed ten (lO)years, may 

be required by the Director if the Director determines such a period to be more representative of normal 

source operations following the physical or operational change. 

2.2. "Actuals PAL" for a major stationary source means a PAL based on the baseline actual emissions 

(as defined in subsection 2.8) of all emissions units (as defined in subsection 2.27) at the source, that emit 

or have the potential to emit the PAL pollutant. 

2.3. "AdministratorJy means the Administrator of the United States Environmental Protection Agency. 2.4. "Adverse impact on visibility" means visibility impairment which Meres withthe management, 

protection, preservation or enjoyment of the visitor's visual experience of the Federal Class I area. This 

determination must be made on a case-by-case basis taking into account the geographic extent, intensity, 

duration, fiequenq and time of visibility impairment, and how these factors correlate with (1) times ofvisitor 

use of the Federal Class 1 area, and (2) the frequency and timing of natural conditions that reduce visibility. 

2.5. "'Air pollutantsJ' means solids, liquids, or gases which, if discharged into the air, may result in 

statutory air pollution. 

2.6. "Air poltution" or "statutory air pollutionJ' means and is limited to the discharge into the air by the 

act ofman substances (liquid, solid, gaseous, organic or inorganic) in a locality, manner and amount as to be 
2.7. "Allowable eraissions" means the emission rate of a stationary source calculated using the 

maximum rated capacity of the source (unless the source is subject to federally enficeable limits or limits 

enforceable by the Secretary which restrict the operating rate, or hours of operation, or both) and the most 

stringent of the following: 

2.7.a. The applicable standards as.set forth in 40 CFR Parts 60 and 61; 

2.7.b. The applicable State of west ~irginia emissions limitations or permit conditions, includingthose 

with a future compliance date; or 

2.7.c. The applicable federally enfomeable emissions limitations orpennitconditions, including those 

with a fitire compliance date. 

2.8. "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated NSR 

poIlubnt, as deteed in accordance.~th subdivisions 2.8.a through 2.8.d. 

2.8.a. For any existing electric utility steam generating unit, baseline actual emissions means the 

average emission rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 

24-month period selected by the owner or operator within the 5-year period immediately preceding when the 

owner or operator begins actual construction of the project. TJK Secretary shall allow the use of a different 

time period upon a determination that it is more representative of normal source operation. 

2.8.a.l. The average rate shall include fugitive e~nissions to the extentquantifable, and emissions 

associated with startups, shutdowns, and malfunctions. 

2.8.a.2. The average rate shall be adjusteddownward to exclude any noncompliant emissions that 

occurred while the source was operating above any emission limitation that was legally enforceable duing 

the consecutive 24-math period. 

2.8.a.3. For aregulated NSR pollutant, when a projectitrvolves multiple emissions units, only one 

consecutive 24-month period must be used to determine the baseline aotual emissions for the emissions units 

being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant. 

2.8.a.4. The average rate shall not be based on my consecutive 24-month period for which there 

is inadequate infarmation for determining annd emissions, in tons per year, and for adjusting this amount 

if required by paragraph 2.8.a.2. 

2.8.b. For an existing emissions unit (other Utan an electric utility steam generating unit), baseline 

actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the 

pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period 

immediately preceding either the date the owner or operator begins actual construction of the project, or the 

date a complete permit application is received by the Secretary for a permit required under this rule, 

whichever is earlier, except that the 10-year period shall not include any period earlier than November 15, 

1990. 

2.8.b.l. The average rate shall include fugitive emissions to the extent quanaable, and emissions 
occurred while the source was operating above an emission limitation that was legally enficeable during the 

consecutive 24-month period. 

2.8.b.3. The average rate shall be adjusted downward to exclude any emissions that would have 

exceeded an emission limitation with which the major stationary source must currently comply, had such 

major stationary source been required to comply with such limitations dming the wmecutive 24-month 

period. However, if an emissionlimitationis part of a maximum achievable cmtd technology standard that 

tbe.Administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissiuirs need only be adjusted if the State has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of 45CSR19-8.6. 

2.3.b.4. FmafegdatedNSRpollutant, when aprojectinvolves mulliple emissions units, only ane 

consecutive 24-month period must be used to detedne the baseline actual emissions for all the emissions 

units being changed A Werent consecutive 24monthpe1iod can be used for each regulated NSR pollutant. 

2.8.b.5. The merage rate shall not be based on aqy consecutive 24-month period for which there 

is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount 

if required by paragraphs 2.8.b.2 and 2.8.b.3. 

2.8.c. For a new emissions unit, the baseline actual emissions for purposes of determining the 

emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit. 

2.8.d. For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing 

electric utility steam generating units in accordance with the procedures contained in subdivision 2.8.a, for 

other existing emissions units in accordance with the procedures contained in subdivision 2.8.b, and for anew 

emissions unit in accordance with the procedures contained in subdivision 2.8.c. 

2.9. Baseline Area. 

2.9.a. "Baseline area" means any intrastate area (and every part thereof) designated as athhment or 

unclassifiable under $107(d)(l)(A)(ii) or (iii) of the CAA in which the major source or major modification 

establishing the minor source baseline date would construct or would have an air quality impact fm the 

pollutant for which the basehe date is established, equal to or greater than the following: 

2.9.b. Area redesignations under §107(d)(l)(A)(ii) or (iii) of the CAA cannot intersect or be smaller 

4 

Pollutant 

SO2 

NO2 

PM10 

PM1.s 

Air Quahty Jmpact (annual average) 

1 pdm3 1 pdm3 

1 lrglnn3 

0.3 pg/m3 
2.9.b.2. Is subject to 40 CFR g52.21 or this rule, and would be constructed in the same state as 

the state proposing the redesignation. 

2.9.c. Atry baseline area established originally for the TSP increments shall remainin effect and shall 

apply for purposes of determining the amount of available PM1, increments, except that such baseline area shall not remainin effect ifthe Secretary rescinds the corresponding minor source baseline dateinaccordance 

- with subdivision 2.42.d. 

2.10. "Baseline concentration" means that ambient concentration level which exists in the baseline area 

at the he of the applicable minor source baseline date. A baseline concentration is determined for each 

pollutant for which a minor source baseline date is estabrished and includes: 

2.10.a. The allowable emissions of major stationary sources which commenced constructionbefore 

the major source baseline date, but were not in operation by the applicable minor source bascline date. 

2.10.b. The actual emissions representative of sources in existence on the applicable mhor source 

baseline date. However, the following will not be included in the baseline concentration and will affect the 

applicable maximum allowable increase(s): 

2.10.b.l. actual emissions hm any major stationary source on which constmcf on commenced 

after the major source baseke date; and 

2.10.b.2. actual emissions increases and decreases at any stationary source occurring after the minor 

source baseline date. 

2.11. "Begin actual construction" means, in general, hitiation of physical on-site construction activities 

on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, 

installation of building supports and foundations, laying of un&rgromd pipework, and construction of 

permanent storage structures. With respect to a change in method of operation, this term refers to those onsite activities, other than preparatory activities, which mark the initiation of the change. 

2.12. "Best available control technology PACT)" means an emissions limitation (including a visible 

emissions standard) based on the maximum degree of reduction for each regulated NSR pollutant which 

would be emitted hm any proposed major stationary some or major modification which the Secretary, on 

a case-by-case basis, taking into account energy, environmental and economic impacts and other costs, 

detennines is achievable for such source or modification through application of production processes or 

available methods, systems, and techniques, including fie1 cleaning or treatment or innovative fuel 

combustion techniques for control of such pollutant. In no event shall application of best mailable control 

technology result in emissions of arry pollutant which would exceed the emisions dowed by any federally 

enforceable emissions limitations or emissions limitations enforceable by the Secretary. If the Secretary 

determines that technologicaS or economic limitations on the application of measurement methodology to a 

particular emissions unit wouldmake the impo~ition of an emissions standard iafeasible, a design, equipment 

work practice, operational standard or combination thereof, may be prescribed instead to satisfy the 

requirement for the application of best available control technology. Such standard shall, ta the degree 

possible, set fZhrth the emissions reduction achievable by implementation of such design, equipment, work 
belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are 

under the control of the same person (or pemons under common control). Pollutant-emitting activities are 

a part of the same indushial grouping if they belong to the same "Major Group" (i.e., which have the same 

two (2)-digit code) as described in the Standard Industrial Classification Manual, 1987 (United States 

Government Printing Office stock number GPO 1987 0-185-718:QL 3). 

2.14. "CAA" means the Clean Air Act, 42 U.S.C. 7401, et aeq., as amended by Pub. L. No. 101-549 

(November 15,. 1990). 

2.15. "Clean Coal Techdogy" means any technology, including technologies applied at the 

pr~combustion, combmtiotl, or post cumbustion stage, at a new or existing facility which wiu achieve significant reductions in air emissions of suth dioxide or oxides of nitmgen associated with the utilization 

of coal in the generation of electxicity, or process steam which was not in widespread use as ofNovember 15, 

1990. 

2.16. "Clean cod kclutology &monstsationproject"mem a project using funds appropriated under the 

heading "Department of Energy -- Clean Coal Technology", up to a total amount of $2,500,000,000 for 

comercia1 demonstration of clean coal technology, or similar projects fimded through appropriatim for 

USEPA. The Federal contribution for a qualifling project shall be at least twenty (20) percent of the total 

cost of the demonstration project 

2.17. [Reserved]. 2.18. "Commence" as applied to construction of a major stationary source or major modificationmeans 

that the owner or operator has all necessary preconstmtion approvals or permits and either has: 

2.1 8.a begun, or caused to begin, a continuous program of actual on-site construction of the some, 

to be completed within a reasonable time; or 

2.18.b. entered into binding agreements or contractual obligations, which cannot be canceled or 

modified without substantial loss to the owner or operator, to undertake a program of actual construction of 

the source to be completed within a reasonable time. 

2.19. "Complete" means, in reference to an application for a pemit, that the application contains all of 

the information necessary for processing the application. Designating an application complete for purposes 

ofpennit processing does not preclude the Secretary fiom requesting or accepting any additional information. 

2.20. "Construction" means any physical change or change in the method of opmtion (including 

fabrication, erection, installation, demolition, or modification of an emissions unit) which would result in a 

change in actual emissions. 

2.21. "Continuous emissions monitokg system (CEMS)" means all of the equipment that may be 

required to meet the data acquisition and availability requirements, to sample, condition (if applicable), 

analyze, and provide a record of emissions on a conEinuous basis. 

2.22. "Continuous emissions rate monitoring system (CERMS)" means the total equipment required for 
the data acquisition and availability requirements, to monitor process and control device operational 

parameters (for example, control device secondary voltages and electric currents) and other information (for 

example, gas flow rate, 02 or C02 concentrations), and to record average operational parametervalue(s) on 

a continuous basis. 

2.24. "Department of Environmental Protection" or "DEP" means the Department of Environmental 

Protection as defined in W. Va. Code 522- 1-4. 

2.25. "EIectric utility steamgenerating unit" means any steam elec~c generating unit that is constructed 

for the purpose of supplying more than one-third of its potential electric output capacity and more than twenty-five (25) MW electrical output to my utilitypower distribution system for sale. Any steam supplied 

to a steam distribution system for the purpose of providing steam to a steam-electric generator that would 

produce electrical energy for sale is also considered in determining ehe electrical energy output capacity of the affected facility. 

2.26. "Emission" means the release, escape or discharge of air pollutslnts into the air. 

2.27. "Emissions unit" means any part of a stationary source that emits or would have the potential to 

emit my regulated NSR pollutant and includes an electric utility steam generating unit as defined in 

subsection 2.25. For purposes ofthis rule, there are twotypes of emissions units as describedin subdivisions 

2.27.a and 2.27.b. 

2.27.a. Anew emissions unit is any emissions mil: that is (or will be) newly constructed and that has 

existed for less than 2 years fiom the date such emissions unit first operated. 

2.27.b. An existing emissions unit is any emissions unit that does not meet the requirements in 

subdivision 2.27.a. A replacement unit, as defined in subsection 2.68, is an existing emissions unit. 

2.28. "Federal Land Manager" means, with respect to asy lands in the United States, the Secretary of the 

department with authority over such lands. 

2.29. "Federally enforceable" means all limitations and conditions which are enforceable by the 

Administrator including those requirements developed pursuant to 40 CFR Parts 60,61 and 63, rules of the 

approved West Virginia State ImplementationPlan, any permit requirements established pursuant to 40 CF'R 552.21 or this rule, and any operating permits issued under a program that is incorporated into the State 

Implementation Plan and expressly requires adherence to any permit issued under such program. 

2.30. [Reserved.] 2.31. "Fugitive emissions" means those emissions which could not reasonably pass through a stack, 

chimney, vent or other bctiodly equivalent opening. 

2.32. [Reserved.] 2.33. [Reserved.] 
2.36. "Innovative control technology" means any system of air pollution control that has not been 

adequately demonstrated in practice, but would have a substantidlikelihood of achieving greater continuous 

emissions reduction thanany control systemin current practice or of achieving at least comparable reductions 

at lower cost in tenns of energy, economics, or non-air quality environmental impacts. 

2.37. "Lowest achievable emission rate &AERY' means, for any source, the more stringent of the 

follo~g : 

2.37.a. The most stringent endssionslimitation whichis containedin the implementation plan of any 

State fox such class or category of stationary source, unless the owner or operator of the proposed stationary 

source demonstsates that such limitations are not achievable; or 

2.37.b. The most stringent emissions limitation which is achieved in practice by such class or 

categwy of stationary sources. This limitation, wh applied to amodiiication, means the lowest achievable 

emisrrion rate for the new or modified emissions units within the stationary source. In no event shall the 

application of the term permit a new or proposed new or modified stationary source to emit any pollutant in 

excess of the amount allowable under an applicable new source standard of performance. 

2.38. [Reserved.] 

2.39. Major emissions unit means: 

2.39.a. Any emissions unit that emits or has the potential to emit 100 tons per year or more of the 

PAL pollutant in an attainment area; or 

2.39.b. Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that 

is equal to or greater than the major source threshold for the PAL pollutant as defined by the CAA for 

nonattainment areas. For example, in accordance with the definition of major stationary source in ij182(c) 

of the CAA, an emissions unit would be a majar emissions unit for VOC if the unit is located in a serious 

ozone non attainment area and it emits or has the potentid to emit 50 or more tom of VOC per year. 

2.40. "Major modification" means any physical change in or change in the method of operation of a 

major stationary source which results in: a significant emissions increase (as defined in subsection 2.75) of 

any regulated NSR pollutant (as defined in subsection 2.66); and a significant net emissions increase of that 

pollutant from the major stationary source. Any significant emissionsincrease (as defined at subsection 2.75) 

from any emissions units or net emissions increase (as defined in subsection 2.46) at amajor stationary source 

that is significant for volatiIe organic compounds or NO, shall be considmd significant for ozone. However, 

the following actions do not constitute a physical change or change in the method of operation: 

2.40.a. Routine maintenance, repair, and replacement. 2.40.b. Use of an altemtive fuel orraw material by reason of any order under sections 2(a) and (b) 

of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by 

reason of a natural gas cmailment plan pursuant to the Federal Power Act. 
unit. 

2.40.e. Use of an alternative fuel or raw material by a stationary source, provided that: 

2.40.e.l. =or to January 6, 2975, the source was capable of accommodating such alternative fuel 

or raw material, unless ,such change would be prohibited under arry federally enforceable permit condition 

which was established after January 6,1975 pursuant to 40 CFR 552.21 or under any permit issued or order 

entered pursuant to any rule of the Secretary after January 6, 1975; .. 

2.40.e.2. The source is approved to use the alternative fueI orraw material under any permit issued 

under 40 CFR 852.21 or under any pennit issued or order entered pursuant to any rule ofthe S~c~tasy. 

2.40.f. An increase in the hours of operationunless suchincrease would be prohibited by aFederal 

permit issued pursuant to 40 CFR 552.21 or by any permit issmd or order entered pursuant to any rule of the 

Secr ztary. 

2.40.g. AII increase in the production rate unless such increase would be prohibited by a Federal 

permit issued pursuant to 40 CFR 552.21 or by any permit issued or order entered pursuant to any rule of the 

Secretary. 

2.40h. Arry change in ownership at a stationary source. 

2.40.j. The installation, operation, cessation, or removal of a temporary clean coal technology 

demonstration project, provided that the project complies with: 

2.40.j.l. The State Implementation Plan, and 2.40.j.2. Other requirements necessary to attain and maintain the National Ambient Air Quality 

Standards during the project and after it is terminated. 

2.40.k. The installation or operation of a permanent clean coal technology demonstration project that 

constitutes repowering, provided that the project does not result in an increaae in the potential to emit of any 

redated NSR pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis. 

2.401. The reactivation of a very clean coal-fired electric utility steam generating unit. 

2.40.m This definition shall not apply with respect to a particular regulated NSR pollutant when the 

major stationary source is cmp1ying with the requirements under section 25 for a PAL for that pollutant. 

Instead, the definition at subsection 2.53 shall apply. 

2.41. "Major modification for ozone" means a major modification for volatile organic compounds or 

N%- 
2.42.a.1. In the case of PM,, and sulfur dioxide, January 6, 1975; and 

2.42.a.2. In the case of nitrogen dioxide, February 8, 1988; and 

2.42~3. In the case of PA&,October 24 2010. 

2.42.b. "Minor source baseline date" means the earliest date after the trigger date on which a major 

stationary source or a major modificationsubject to the requirements of 40 CFR 552.21 or to this nzle submils 

a complete application under this rule. The trigger date ia: 

2.42.b.l. In the case of PM,, and sulfUr dioxide, August 7, 1977, and 

2.42.b.2. In the case of nitrogen dioxide, February 8, 1988; and 

2.42.b.3. In the case of PW,, October 24 201 1. 

2.42s. The baseline date is established for each pollutant for which increments or other equivalent 

measures have been established if: 

2.42.c.1. The area in which the proposed source or modification would construct is designated as 

attainment or unclassifiable under §107(d)(l)(A)(ii) or (iii) of the CAA for the pollutant on the date of its complete application under 40 CFR 552.21 or this rule; and 

2.42.c.2. In the case of a major stationary source, the pollutant would be emitted in significant 

amounts, or .in the case of a major momcation, there would be a significant net emissions increase of the 

pollutant. 

2.42.d. Any minor source baseline date established originally for the TSP increments shall remain 

in effect and shall apply for purposes of determining the amount of available PM,, increments, except that 

the Secretary may rescind any such minor soume baseline date where it can be demonstrated to the 

Secretary's satisfaction that the emissions increase from the major stationary some, or the net emissions 

increase fiom the majorm&cation, responsible for triggem that date did not result in a significant amount 

of PA$, emissions. 

2.43. "Major stationary source" means: 

2.43.a. Any of the following stationary sources of air pollutants which emits or has the potential to 

emit, one hundred (100) tons per year or more of any regulated NSR pollutant: 

Fossil Fuel-fu-ed Steam Electric Plants of More than 250 Million Btuilu Heat Input, 

Coal Cleaning Plants (with thermal dryers), 

Kraft Putp Mills, Portland Cement Plants, 

Primary Zinc Smelters, 
MuIlicipal Incinerators Capable of Charging More than 250 Tons of Rehe per Day, 

* Hydroflouric, Sulfirric and Nitric Acid Plants, 

Petroleum Refineries, 

Lime Plants, Phosphate Rock Processing Plants, 

Coke Oven Batteries, 

Sulfur Recovery Plants, 

Carbon Black man& (furnace process), 

- Primary Lead Smelters, 

Fuel Conversion Plants, 

Sintering PIants, . 

Secondary Metal Production Plants, 

Chemical Process Plants (which does not include ethanol production facilities that'produce ethanol by 

natural fermentation included in NAICS codes 325193 or 312140), 

Fossil Fuel Boilers (or combinations thereof) Totaling More-than 250 MiUiorl Btur'hour Heat Input, 

Petroleum Storige and Transfer Units with a Total Storage Capacity Exceeding 300,000 Barrels, 

Taconite Ore Processing Plants, Glass Fiber Processing Plants, and 

Charcoal Production Plants; 

2.43.b. Notwithstanding the stationary source size specified in subdivision 2.43.a, any stationary 

source which emits or has the potential to emit, two hundmdfifky (250) tons per year or more of any regulated 

NSR pollutant; or 

2.43.c. Any physical change at a stationary source, not otherwise quallfjringunder subdivision 2.43.a 

as a major stationa~~ source, if the change itself would constitute a majw stationary source. 

2.43.d. A major source that is major for volatile organic compounds or NO, shall be considered 

major for ozone. 

2.43.e. The fugitive emissions of a stationary source shall not be included in determining whether 

it is a major stationary source, unless the source is listed in Table 1. 

Table 1 

SOURCE CATEGOFUES WHICH MUST INCLUDE FUGITIVE EMISSIONS 

Fossil-Fuel-Fired Steam Electric Plants Greater Than 250 Million Btu/Hour Heat Input 

Coal Cleaning Plants (with thermal dryers) 

KraA Pulp Mills Portland Cement Plants Primary Zinc Smelters Lron and Steel Mill Plants Primary Aluminum Ore Reduction Plants Primary Copper Smelters 

- Municipal Incinerators Capable of Charging Greater Than 250 Tons of Refuse/Day 
Phosphate Rock Processing Plants 

* Coke Oven Batteries 

Sulfur Recovery Plants 

Carbon Black Plants (fhace process) Primary Lead Smelters 

Fuel Comersim Plants 

Sintering Plants 

+ Secondary Metal f oduction Plants 

* Chemical Process Plants - The tenn chemical processing plant shall not include ethanol production 

facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140 

* Fossil.Fuel Boilers (or combinations thereof) Totaling More Than 250 Million Btu/Hour Heat Input 

Petroleum Storage and Transfer Units with a Total Storage Capacity Exceeding 300,000 Barrels 

Taconite Ore Processing Plants 

Glass Fiber Processing Plants - Charcoal Production Plants 

Any other stationq source category which, as of August 7, 1980, is being regulated under 551 11 or 112 of the CAA. 

2.43.f. In addif on to those facilities covered under subdivision 2.43.e, all coal preparation plants 

as definedunder 40 CFR §60.251(a) which process more than 200 tons per day shall count fugitive emissions 

hm all "fiected facilities" at the source. 

2.43.g. For the purpose of subdivision 2.43.c the term "affected facilities" means those facilities 

which are listed or identified as "affected facilities" in the applicable standard promulgated under $5 11 1 or 

112 of the CAA." 

2.44. "Major stationary source for ozone" means a major stationary source ofvolatile organic compounds 

or NO,. 

2.45. "Necessary pxeconstruction approvals or permits" means those pennits or approvals requiredunkr 

the CAA and rules promulgated under W.Va. Code g22-5-4. 

2.46. "Net emissions increase" means, with respect to any regdated NSR pollutant emitted by a major 

stationary source, the amount of emissions by which the sum of the following exceeds zro: 

2.46.a. The increase in emissions fiom a particular physical change or change in the method of 

operation at a stationary source as calculated pursuant to subsection 3.4; 

2.46.b. Any other inc~ases and decreases in actual emissions at the major source that are 

contemporaneous with the particular change and are otherwise creditable. Baseline xtual emissions for 

calculating increases and decreases under subdivision 2.46.b shall be determined as provided in subsection 

2.8 , except that paragraphs 2.8.a.3 and 2.8.b.4 shall not apply; 

2.46.c. An increase or decrease in actual emissions is contemporaneous with the increase hm the 

particular change only if it occurs not more than five (5) years prior to the date on which consrntion on the 
2.46.d. 1. The increase or decrease in actual emissions has not ken relied upon by the United States 

Environmental Protection Agency in issuing a pemit pursuant to 40 ClX 552.21; or 

2.46.d.2. By the Secretary in issuing a permit pmuant to this de and such permit is in effect on 

the date on which the increase in emissions hm the particular change occurs. 

2.46.e. The increase or decrease in actual emissions ofparticulate matter, sulfiu dioxide, or nitrogen 

oxides which occurred prim to.the applicable minor source baseline date was required to be considered and 

calculated in determining the amount of maximum allowable increases remaining available.; 

2.462, An increase in actual emissions is creditable only to the extent that the new level of actual 

emissions exceeds the old level; 

2.46.g. A decrease in actual emissions is creditable only to the extent that: 

2.46.g.1. The oldlevel of actual missions or the old level af allowable emissions, whichever is 

lower, exceeds the new level of actual emissions; 

2.46.g.2. It is federally enforceable and is enfmeable by the Secretary at and aRer the time that 

the actual construction on the particular change begins; 

2.46.g.3. The deorease in actual emissions must have approximately the same qualitative 

significance for public health and welfare as that attributed to the increase &om the particular change; 

2.46.g.4. [Reserved.] 

2.4651. An increase that results hm a physical change at a source occurs when the emissions unit 

w which construction occurred becomes operational and begins to emit a particular pollutant. Any 

replacement unit that requires shakedownbecomes operational only after a reasonable shakedown period, not 

to exoeed one hundred eighty (1 SO) days. 

2.46.i. Subdivision 2.l.a shall not apply for determining creditable increases and decreases. 

2.47. "PMl," means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 

micrometers as measured by a reference method based on Appendix J of 40 CFR Part 50 and designated in 

accordance with 40 CFRPart 53 or by an equivalent method designated in accordance with 40 CFR Part 53. 

2.48. "Particulate matter emissions" means all finely divided solid or liquid material, other than 

uncombined water, emitted to the ambient air as measured by applicable reference methods, or a. equivalent 

or alternative method, specified in 40 CFR Part 60, Appendix B, or by a test method specified in any rule of 

the Secretary which has been incorporated as part of the federally approved State Implementation Han. All 

referencee to particulate or particulate matter in this rule hall mean particulate matter emissions. 

2.49. "Person" means any and all persons, natural or artificial, including the State of West Virginia or 
2.50. "Plantwide applicability limitation(PAL)" means an emission limitation expresed in tonsperyear, 

for a poIlutant at a major stationary source, that is enforceable as a practical matbr and established sourcewide in accordance with subsections 25.1 through 25.15. 

2.51. "PAL effective &ten generally means the date of issuance of the PAL permit. However, the PAL 

effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification 

becomes operational and begins to emit the PAL pollutant. 

2.52. "PAL effective period" means the period beginning with the PAL effective date and ending 1 Oy ears 

later. 

2.53. "PAL major modification" means, notwithstanding subsections 2.40 and 2.46 (the &finitions for 

major modification and net emissions incrtase), any physical change in or change in the method of operation 

of the PAL source that c3uses it to emit,.the PAL pollutant at a level equal to or greater than the PAL. 

2.54. "PAL permit" means the major NSR permit, the minor NSR pennit, or the State operating permit 

un&r a program that is approved into the State Implementation Plan, or the title V permit issued by the 

Secretary that establishes a PAL for a major stationary source. 

2.55. "PAL pollutant" means the pollutant for which a PAL is established at a major stationary source. 2.56. [Reserved.] 

2.57. "Pollution prevention" means any activity that through process changes, product reformulation or 

redesign, or substitution of less polluting raw materials, eliminates or reduces the release of air po!lutants 

(including fugitive emissions) and other pollutants to the environment prior to recycling, treatment, or 

disposal; it does not mean recycling (other than certain "in-process recycling" practices), energy recovery, 

treatment, or disposal. 

2.58, "Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under 

its physical and operational design. Any physical or operational Limitation on the capacity oftlte source to emit a 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 dy ifthe 

limitation or the effect it would have on emissions is federally enforceable or is enforceable by the Secntary 

in any pennit andlor consent order issued by the United States Environmental Protection Agency or by the 

Secretary. Secondary emissions do not count in determining the potential to emit of a stationary source. 

2.59. "Predictive emissions monitoring system @'EMS)" means all ofthe equipment necessary to monitor 

process and control &vice operational parameters (for example, control device secondary voltages and 

electric curents) and other inf'tion (for example, gas flow rate, 0, or C02 concentrations), and calculate 

and record the mass emissions rate (for example, lblhr) on a conhuous basis. 

2.69. "Prevention of Significant Deterioration (PSD) program" means a major source preconstruction 

permit program that has been approved by the Administrator and incorporatedinto the State Implementation 
2.61. [Reserved.] 

2.62. "Project" means a physical change in, or change in the method of operation of, an existing major 

stationary source. 

2.63. "Projected actual emissions" means the maximum annual rate, in tons per year, at wltich an existing 

emissions unit is projected to emit a regulated NSR pollutant in arry one of the 5 years (12-month period) 

following the date the unit resumes regular operation after the project, or inany oneof the f 0 years following 

that date, if the project involves increasing the emissions unit's &sign capacity or its potential to emit that 

regulated NSR pollutant and 111 utilization of the unit would result in a significant emissions increase or a 

signif~cant net emissions increase at the major stationary source. . 

2.63.a. In determining the projected actual emissions un&r subsection 2.63 (before beginning actual 

construc~on), the owner or operator of the major stationary source: 

2.63.a. 1. Shall consider all relevant information, including but not limited to, historical operational 

data, the company's own representations, the company's expected business activity and the company's bighest 

projections of business activity, the company's filings with the State or Federal regulatory authorities, and 

compliance plans under the approved State Implementation Plan; and 

2.63.a.2. Shall include fugitive emissions to the extent quantifiable, and emissiom associated with 

startups, shatdawns, and malfunctions; and 

2.63.a.3. Shall exclude, in cdcularing any in~rease in emissions that results from the particular 

project, that portion of the unit's emissions following the praject that an existing unit could have 

accommodated during the consecutive 24-month period usedto establish the baseline actual emissions under subsection 2.8 and that are also unrelated to the particular project, including any increased utilization due to 

product demand growth; or 

2.63.a.4. In lieu of using the method set out in paragraphs 2.63.a. 1 through 2.63.a.3, may elect to 

use the emissions unit's potential to emit, in tons per year, as defined under subsection 2.58. 

2.64. "Reactivation of a very clean coal-fied electric utility steam generating unit" means any physical 

change or change in the method of operation associated with the commencement of commercial operations 

by a coal-fired utility unit after a period of discontinued operation where the unit: 

2.64.a. Has not beeninoperatian forthe two-year peiodprior to the enactment of the Clean Air Act 

Amendments of 1990, and the emissions fiom such unit continue to be carried in the Secretary's emissions 

inventory at the time of enactment; 

2.64.b. Was equippedpriorto shutdownwith a continuous system of emissions control that achieves 

a removal &ciency for sulfur dioxide of no less than eighty-five (85) percent and a removal efficiency for 

pariiculates of no less than ninety-eight (98) percent; 

2.64.c. Is equipped with low-NO, burners prior to the time of commencement of operations 
2.65. [Reserved.] 

2.66. "Regulated NSR pollutant" means the following: 

2.66.a. Any pollutant for which aNational Ambient Air Quality Standard has been pmnulgatedd 

. . ... 

*, . . 

*. Frmmers 

di -This includes. but is not limited to. the following: 

2.66.a.1. PM, emissions. and PM,, emissions ahall include gaseous emissions f?om a source or 

mfi 

condensable articulate matter shall be accounted for in aualicabilitv determinations and in establishing 

emissions limitations for PM, . and PM,, in PSD uermits. Comuliance with emissions limitations for PNI, , 

and PM,, issued nrior to this ciaf e shall not be based on condensable aarticular matter unless reauired bv thk terms and conditions of the pennit or the amlicabf e implementation plan. A~plicabilitv determinations made 

prior to this date without accounting for condensable particular matter shall not be considered in violation 

unless the awlicable imvlernentation afan required condensable uarticular matter to be included; 

2.66.a.2. Anv pollutant identified under this ~araera~h as a constituent or wecursor to a ~ollutant 

for which a national ambient air uualitv standard has been womuleated. Precursors identified bv the 

Administrator for oumoses of NSR are the followk: 

-2.66.a.2.A. Volatile organic compounde and nitrogen oxides are precursors to ozone in 

all attainment and nclassifiable areas. 

2x56~~2 2.66.a.2.B. Sulfur dioxide is a precursor to PM,, in all attainment and unclassifiable 

areas. 

W~t5~32.66.a.2.C. Nitrogen oxides are presumed to be precursors to PMz3 indl attainment and 

unclassifable areas, unless the Secretary demonstrates to the Administrator's satisfaction or EPA 

demonstrates that emissions of nitrogen oxides fiom sources ina spe~ific area are not a significant contibutor 

to that area's ambient PM2, concentrations. 

%6a+ 2.66.a.2.D. Volatile organic compounds are presumed not to be precursors to PQ., in 

any attainment or unclassifiable area, unless the Secretary demonstrates to the Administrator's satisfaction 

or EPA demonstrates that emissions of volatile organic compounds firm sources in a specific area are a 

significant contributor to that area's ambient PM,, concentrations. 

2.66.b. Any pollutant that is subject to any standard promulgated under 51 11 of the CAA; 

2.66s. Any Class I or I1 substance subject to a standard promulgated under or established by title 

VI of the CAA, 

2.66.d. Any poUutant that otherwise is subject to regulation under the CAA as defined in subsection 

2.80. 
listed hazardous air pollutant is also regulated as a constituent or precursor of ageneral pollutant listed under 

5108 of the CAA. 

2.67. "Relocate" or "Relocation" means the physical movement of a source outside of its existing plant 

boundaries. 

2.68. "Replacement unit" means an emissions unit fm which all the criteria listed in subdivisions 2.68.a 

through 2.68 .dare met. No creditable emission reductions shall be generated fiomshutting down the existing 

emissions wit that is replaced. 

2.68.a. The emissions unit is a reconstmted unit within the meaning of 40 CFR §60.15(b)(l), or 

the emissions unit completely takes the place of an existing emissions unit; 

2.68.b. The emissions unit is identical to or functionally equivalent to the kplaced emissions unit; 

2.68.c. me replacement does not change the basic design paramter(s) of the pmxss unit; and 

2.68.d. The replaced emissions unit is permanently removed from the major stationary source, 

otherwise permanently disabled, or permanently barred hm operation by a permit that is enforceable as a 

practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new 

emissions unit. 

2.69. "Repowering" means replacement of an existing coal-fired boiler with one of the following clean 

coal technologies: atmospheric or psssurizsd fluidized bed combustion, integrated gaskiication combined 

cycle, magnetohy drodynamics, direct and indirect cod-fired turbines, integrated gasiiication fuel cells, or as 

determined by the Admirustrator, in consultation with the Secretary of Energy, a derivative of one or more 

of these technologies, and any other technology capable of controlling multiple combustion emissions 

simultaneously with impved boiler or generation ef3iciency and with significantly greater waste reduction 

relative to the performance of technology in widespread commercial use as of November 15,1990. 

2.69.a Repowering shall also include any oil andfor gas-fired unit which has been awarded clean 

coal technology demonstration funding as of January 1,1991, by the Department of Energy. 

2.69.b. The Secretary shalt give expedited consideration to permit applications for any source that 

satisfies the requirements of this subsection 2.69 and is granted an extension under 5409 of the CAA. 

2.71. "Representative actual annual emissions" means the average rate, in tons per year, at which the 

source is projected to emit apollutant forthe two-year period after a physical change or change in the method 

of operation of a unit, (or a different consecutive two-year period within ten (10) years after that change, 

where the Secretary determines that such period is more representative of nmal some operations), 

considering the effect any such change will have on increasing or decreasing the hourly emissions rate and 
the company

s own representations, filings with the State or Federal regulatory authorities, and compliance 

plans under Title IV of the CAA; and 

2.71.b. Exclude, in calculating any increase in emissions that results from the particular physical 

change or change in the method of operation at an electric utility steam generating unit, that portion of the 

unit's emissions following the change that could have been accommodatedduring the representative baseline 

period and is attributable to an increase in projected capacity utilization at the unit that is unrelated to the 

particular change,4ncluding any increased utilization due to the rate of electricity demand growth for the 

utility system as s whole. 

2.72. "Secondary emiesions" mem missions which would occur as a result of the construction or 

operation of a major stationary source or. mjor modification, but do not come fim~ the major stationary 

source or major modification itself. For the purpose of this rule, seoondary emissions must be specific, well 

defhed, -able, andimpact the same general area as the stationary some or modification which causes 

the secondary emissions. Secondary emissions include, but are not limited to emissions from any off-site 

support facility which would not otherwise be constructed or increase its emissions except as a result of the 

construction or operation of the major stationary some or major modification. Secondary emissions do not 

include any emissions which come directly hom a mobile source, such as emissions ftom the tailpipe of a 

motor vehicle, fiom a train, or from a vessel. 

2.73. "Secretary" means the Secretary of the Department ofEmrironmenta1 Protection as defined in W. 

Va. Code #22-1-6 or 22-1-8. 

2.74. "Significant" means: 

2.74.a. In reference to a nei emission increase or the potential of a source to emit any of the 

following pollutan~, arate of emissions that would equal or exceed any of the following rates: 

Pollutant and PolIutmt Emission Rate 

(tons per year) 

Carbon monoxide : 100 tPY 

Nitrogen oxides: 40 @Y 

Sulfur dioxide: 40 tPY 

Particulate matter: 25 rpY 

PMlo: 15 tPY pw.5: 10 w of direct Pw, emissions 

pw.5 : 40 rpy of SO, emissions 
2.74.b. In reference to a net emissions increase or the potential of a source to emit a regulated NSR 

pollutant that is not listed in subdivision 2.74.a, any emissions rate; and 

? 

2.74.c. Notwithatanding subdivision 2.74.a, any emissions rate or any net emissions increase 

associated with a major stationary source or major modification, which would constsuct witbin ten (10) 

kilometers of aqy Class I ma, and have an impact on such area equal to or greater than 1 pg/m3 (kventy-four 

(24) hour average). 

(unless demonstrated not to be a PM,., precursor under subsection 2.66). 

Ozone: 40 QY 

of VOC or NO, 

Lead: 0.6 QY 

Fluorides: 3Q.Y 

Sulfuric acid mist: 7fpy 

Hydrogen sulfide WS): 10 tPY 

Total reduced sulfur: 10 QY 

(including &S) 

Reduced suk compounds 10 QY 

(including Has): 

Municipal waste combustor organics (as total tetra- through octachlorinated 3.5x1O6 tpy 

dibenzo-p-dioxins and dibenzufurans): 

Municipal waste combustor metals (as particulate matkr): 15 tPY Municipal waste combustor acid gases (as the sum of SO2 and HCl): 40 @Y 

Municipal sdid waste landfill emissions (as nonmethane organic com~omds): 50 WY 

2.75. "Significant emissionsincrease" means, for aregulatedNSR pollutant, an increase in emissions that 

is significant (as &fined in subsection 2.74) for that pollutant. 

2.76. "Significant emissions unit" means an emissions unit that emits or has the potential to emit a PAL 

pollutant in an amount that is equal to or greater than the significant level (as defined in subsection 2.74 or in the CAA, whichever is lower) for that PAL pollutant, but less than the mount that would qualify the unit 

as a major emissions unit as defined in subsection 2.39. 

2.77. "Significant impact" means an increase in the ambient air concentsation for a particular pollutant 

as follows: 

I Averaging time (om) I 
2.78 "Small emissions unit" means an emissions unit that emits or has the potential to emit the PAL 

polluiant in m amount less than the significant level for that PAL pollutant, as defined in subsection 2.74 or in the CAA, whichever is lower. 

2.79. "Source" or "Stationary source" means, for the purpose of this rule, any building, stmture, facility, 

or installation which emits or may emit a regulated NSR polIutant. 

so2 

p%o NO2 

2. SO. "Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a provision 

in the Clan Air Act, or a nationally-applicable regulation codified by the Administrator under Title 40, 

Chapter I, Subchapter C of the Code of Federal Regulations, 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: 

2.80.a. Greenhouse gases (GHGs), the air pollutant defined in 40 CFR §86.1818-12(a) as the 

aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, mehe, hydrofluorocarbons, 

perfluorocarbons, and sutfur hexafluoiide, shall not be subject to regulation except as provided in 

subdivisions 2.80.d and 2.80.e. 

Ambient Air Concentration Increase (mg/m3) 

CO I I I 0.5 I I T.0 

1 .O 

1 .O 1 .o 

2.80.b. For purposes of subdivisions 2.80.c through 2.80.e, the team tpy CO, equivalent emissions 

(C02e) shall represent an amount of GHGs emitted, and shall be computed as follows: 

2.80.b. 1. Multiplying the mass amount of emissions (tpy), for each ofthe six greenhouse gases in 

the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to Subpart A 

of 40 CFR Part 98 - Global Warming Potentials. For purposes of this paragraph, pior to July 21,2014, the 

mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting fkom the 

combustion or decomposition of non-fossilized and biodegradable organic matelial originating from plants, 

animals, or micro-organisms (including products, by-products, residues and waste fiam agriculture, forestry 

and related industries as well as the non-fossilized and biodegradable organic &actions of industrial and 

municipal wastes, including gases and liquids recavered hm the decomposition of non-fossilized and 

biodegradable organic material). 

5.0 5.0 

2.8O.b.2. Sum the resultant value from paragraph 2.80.b.l for each gas to compute a tpy Cole. 

25.0 

2.80.c. The term emissions increase as used in subdivisions 2.80. d and 2.80.e shall mean that both 

a significant emissions increase (a calculated using the procedures in subsection 3.4) and a significant net 
2.80.d. Beginning January 2, 2011, the pollutant GHGs is subject to regulation if: 

2.80.d.l. The stationary source is a new major stationary source for a regulatedNSR pollutant that 

is not GEES, and also will emit or will have the potential to emit: 75,000 tpy CO,e or more; or 

2.80.d.2. The stationary source is an existing major stationary source for a regulated NSR pollutant 

that is not GHG, and also will have an emissions increase of a regulated NSH pollutant, and an emissions 

increase of 75,000 tpy CO,e or more; and, 

2.W.e. Beginning July 1, 2011, in addition to the provisions in subdivision 2.80.4 the pollutant 

GHGs shall also be subject to regulation: 

2.80.e. 1. At a new stationary soura that will emit or have the potential to emit 100,000 tpy CO,c; 

or 

2.80.e.2. At an existing stationary source that emits or has the potential to emit 100,000 tpy COze, 

when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of 75,000 tpy CO,e or more. 

2.80.f. Notwithstanding subdivisions 2.80.d. and 2.80.e., and subject to the public notice 

requirements set forth in subdivision 2.8O.g., the preconstruction permit requirements of this rule shall not 

apply to a source's GHG emissions if any of the following actions result in GHGs not being subject to 

regulationunder the otherwise applicable federal prevention of si@cant&teriorationrequirrnents set forth 

in 40 CFR $51.166: 

2.80.f.l. A US EPA final rule; 2.80.f.2. An act of the United States Congress; 2.80.f.3. A Presidential Executive Order; 

2.80.f.4. A final order of the DisMct of Columbia Circuit Court of Appeals, ifthe spec8edrime 

for appealing the order has lapsed and no appeals, petitions seeking clarification or reheming, or other 

petitions regarding the ordm have been filed, or, if any appeals or petitions are filed, the resolution of any and 

all appeals and petitions regarding the M order are complete and have upheldthe relevant determinatiion(s). Moreover, a stay shall also create an exemption during the effective length of the stay. These two specific 

exemptions shall become effective only if US EPA does not object in writing by the end of the notice period 

set forth in subdivision 2.80.g.; or 

2.803.5. An order of the United States Supreme Court. 

2.80.g. The exemption set forth in subdivision 2.80.f. shall become effective after the Secretary 

provides a thirty day notice of such exemption to US EPA and the pubic. Such notice shall be published in 

the West Virginia Register and explain the circumstances juswng the exemption. 
2.82. 

Temporary clean coal technology demonstration projecP means a clean coal technology 

demonstration project that is operated for a period of five (5) years or less, and which complies with the State 

Implementation Elan and other requirements necessary to attain and maintain the National Ambient Air 

Quality Standards during and after the project is terminated. 

2.83. [Reserved.] 

2.84. "US EPA" means the United States Environmental Protection Agency. 

2.85. "Volatile organic compounds (VOC)" is as defined in 40 CFR 55 1.100(s). 

w5-14-3. Applicability. 

3.1. The requirements of this rule apply to the construction of any new major stationary source (as 

&fined in subsection 2.43) or any proposed project at an existing major stationq source in an area 

designated as atta-ent or unclassifiable under #107(d)(l)(A)(ii) or (i) of the CAA. 

3.2. The requirements of secf ons 7 through 13 and sections 17 through 19 apply to the conshuction of 

any new major stationary source or the major modification of any existing major stationary source, except 

as this rule otherwise provides. 

3.3. No new major stationary source or major modification to which the requirements of sections 7 

though 13 and sections 17 through subsection 19.7 apply shall begin actual construction without a permit 

issued by the Secretary that states that the major stationary source or major mod.%cation will meet those 

requirements. 

3.4. Determination of major modification. -- The determination as to whether a proposed project is a 

major modification for a mgulated NSR pollutant shall be determined in accordance with the specific provisions set forth in subdivisions 3.4.a through 3.4f. 

3.4.a. Except ai otherwise pruvided in subsections 3.5 and 3.6, and consistent with the definition of 

major modification contained in subsection 2.40, a project is a major modification for a regulated NSR 

pollutant if it causes two types of emissions increases -- a significant missions increase (as defined in 

subsection 2.75), and a significant net emissions increase (as defmed in subsections 2.46 and 2.74). The 

proposed project is not a major rnodihaticm if it does not cause a si-cant emissions increase. If the 

proposed project causes a signijlcant emissions increase, then the project is a major modification only if it 

also results in a dgdicant net emissions increase. 

3.4.b. The procedure for calculating (before beginning actual construction) whether a significant 

emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units 

being modified, according to subdivisions 3.4.c through 3.4.f. The procedure for calculating (before 

beginning actual construction) whether a significant net emissions increase will occur at the major stationary 

source (i.e., the second step of the process) is contained in the definition in subsection 2.46. Regardless of 

any suchpreconstructionprojectiom, amajor modification results ifthe project causes a significant emissions 

increase and a significant net emissions increase. 
emissions (as defined in subdivisions 2.8.a and 2.8.b), for each existing emissions unit, equals or exceeds the 

significant amount for that pollutant (as defined in subsection 2.74). 

3.4.d. Actual-to-potential test forprojech that only involve constmction of a new emissions unit@). -- 

A significant emissions increase of aregulatedNSR pollutant is projectedto occur ifthe sum of the difference 

between the potential to emit (as defined in subsection 2.58) fiom each new emissions unit following 

completion of the project and the baseline actual emissions (as definedin subdivision 2.8.c) of these units 

before the project equals or exceeds the significant amount for that pollutant (as &fined in subsection 2.74). 

3.4.e. [Reserved] 

3.4.f. Hybrid test for projects that involve multiple types of emissions units. -- A significant emissions 

increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each 

emissions unit, using the method specified in subdivisions 3.4.c through 3.4.d as applicable with respect to 

each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant 

(as defined in subsection 2.74). 

3.5. Forany major statiomuy source subject to aPALfor aregulatedNSRpollutant, the major stationary 

source shall comply with the requirements set forth in section 25. 

§45-14-4. Ambient Air Quality Increments and Ceilings. 

4.1. No increases in pollutant concentrations over the baseline concentrations are allowed in excess of 

those listed below: 

Maximum Allowable Pollutant Concentration Increase over Baseline Concentration 

(c18/m3) 

Class I Areas 

Particulate matter: 

PM,.,, Annual arithmetic mean 1 PM,,, 24-hour maximum 2 PM,,, Annual arithmetic mean 4 

PM,,, 24-hour maximum 8 

Sulfur dioxide: 

Annual arithmetic mean 2 24-hour maximum 5 

3-hour maximum 25 

Nitrogen dioxide: 

Annual arithmetic mean 2.5 

Class 11 Areas 
PM,,, Annual arithmetic mean 17 

PM,,, 24-hour maximum 30 

s* dioxide: 

Annual arithmetic mean 20 24-how mxim~m 91 

3-hour maximum 512 

N~trogen dioxide: 

Annual arithmetic mean 25 

Class LII 

Particulate matter: 

PM,,, Annual arithmetic mean 8 PW,, 24-horn maximum 18 PM,, Annual arithmetic mean 34 PM,, 24-hour maximum 60 

Sulfur dioxide: 

Annual arithmetic mean 40 24-ho~r maxim= 182 

ltlax~um 700 

Nitrogen dioxide: 

Annual arithmetic mean 50 

4.2. For any period other than an annual period, the applicable maximum allowable increase may be 

exceeded during one (1) such period per year at any one location. 

4.3. No pollutant concentration shall exceed any primary or secondary air quality st;u~dardpromulgated: 

4.3.a. by the Secretary; or 4.3.b. by the US EPA. 

g45-14-5. Area Classification. 

5.1. Dolly Sods Wilderness Area and Otter Creek Wilderness Area are designated as Class I Areas; 

5.2. The Spe Knob-Seneca Rocks National Recreational Area, the Qanbeny National Wilderness, 

and the New River Gorge National Scenic River are designated as Class I1 Areas; and 

5.3. The remainder of the Sfate of West Virginia is designated as a Class 11 Area. 

645-14-6. Prohibition of Dispersion Enhancement Techniques. 
545-14-7. Registration, Reporting and Permit Requirements for Major Stationary Sources and 

Major Modifications. 

7.1. No person shall allow the consIruction or relocation of my major stationary source or a major 

modification to be commenced after the effective date of this rule in any area designated as attainment or 

unclassiiiable under $107 of the CAA, without notifying the Secretary of such intent and obtaining prior to 

beginning actual construction, or modification (as defined by subsection 2.10) a permit(s) to so construct, 

modi@, or relocate the major stationary source or major modification as herein provided. Ethe areain which 

such source would be constructed or the area in which such modification would occur is de5ignated as 

nunattainment under $107 of the C AA, as amended, for my pollutant whkh the somc or rnodificabion would 

emit in significant amounts (as definedby subsection 45CSR19-2.65), the source or modification shall meet 

all requirements of 45CSR19 for that pollutant and shall not be subject tothe requirements of this rule for that 

pollutant. 

7.2. The owner or operator of the source shall file with the Secretary a timely and complete permit 

application containing su.f%cient information as, in the judgment of the Secretary, will enable the Secretary 

to debmine whether such source construction, modification, or relocation will be in conformance with the 

provisions of any rules promuIgated by the Secretary in general and with the requirements of this rule. Such 

informati on may include, but not be limited to: 

7.2.a. A description of the nature, location, design capacity, and typical operating schedule of the 

source or modification, including specifications and drawings showing its design and plant layout; 

7.2.b. A detailed schedule for construction of the source or modification; 

7.2.c. A detailed description as to what system of continuous emission reduction is planned by the 

source or modification, emission estimates, and any other information as necessary to determine that best 

available control technology as applicable would be applied; 

7.2.d. The air quality impact ofthe source or modification, including meteorological andtopographical 

data necessary to estimate such impact; and 

7.2.e. The air quality impacts and the nature and extent of any or all general commercial, residential, 

industrial, and other growth which has occurred since August 7,1977, in the area the source or modification 

would affect. 

7.3. Each permit application shall be signed by the owner or operator of the major stationary source or 

major modiiication, and such signature shaU constitute an agreement that the applicant will assume 

responsibility for the cmtructiw, modification, or relocation, and operation of the major stationary source 

or major modification in accordanoe with applicable rules of the Secretary, the permit application, and any 

pennit issued pursuant to this rule. 

7.4. Within thirty (30) days of the receipt of a pdt application for constmtion or relocation of a 

major stationary source or for a major modifxation, the Secretary shall determine if the application is 
7.5. Within six (6) months of the receipt of a complete permit application for construction or relocation 

of a major stationary source or for a major modification, the Secretary shall issue such a permit unless the 

Secretary determines that the proposed major stationary source or major modification has not satisfied the 

requirements of this rule, will violate applicable emission standards, will interfere with the attainment or 

maintenance of applicable ambient air quality standards, or will be inconsistent with the intent and purpose 

of this rule, in which case the Secretary shall issue an order for the prevention of such construction, 

modification, or relocation. 

7.6. Ifthe Secretary denies a permit application for the proposed construction or relocation of any major 

stationary source or major modification, the order shall set fnrth the Secretary's reasons with reasomtile 

specificity. 

7.7. The Secretary may impose any reasonable conditions as part of a granted construction, 

modification, or.reIocation permit. Such conditions may include, but not be limited to, the submission of 

periodic progress or operation reports, the provisions of a suitable sqhg site, the installation of pollutant monitoring devices, and the operation and maintenance of ambient air quality monitoring stations. 845-14-8. Control Technology Requirements. 

8.1. Any person propasing to construct or relocate a major st.onaq source or major modification shall 

meet each applicable emissions limitation promulgated by the Secretary and any applicable emissions 

standard or standard of perfomance under 40 CFR Parts 60,61 and 63. 

8.2. Any penon proposing to construct a new m4or stalionary source shall apply best available control 

technology for each regulated NSR pollutant that it would have the potential to emit in significant amounts. 

8.3. Any pmon proposing a major modification of a stationary source shall apply best available control 

technology for each regdated NSR pollutant far which such proposed major modification would cause a 

significant net emissions increase fiom such source. This requirement applies to each proposed emissions 

unit at which a net emissions increase in the pollutant would occur as a result of a physical change or change 

in the method of operation in the unit. 

8.4. For any proposed constructionof amajorstationiny source or rnajormo~cationwhichis aphased 

construction project, the determination of best available control technology shall be reviewed and modified 

as appropriate at the last reasonabie time which occurs no later than eighteen (18) months prior to 

commencement of construction of each independent phase ofthe project. At such time, the owner or operator 

of the applicable stationary source may be required to demonstrate the adequacy of any previous 

determination of best available control technology for the source. 

§45-14-9. Requirements Relating to the Source's Impact on Air Quality. 

9.1. Required Demonstration. -Any person proposing to construct or relocate a major stationary source 

or to make a major modification Bhall demonstrate that allowable emissionincreases fiom the proposed some or modification, in conjunction with all other applicable emission increases or reductions (including 
9.1 .b. Any applicable maximum allowable increase over the basefine concentration in any area. 

845-14-10. Modeling Requirements. 

10.1. All estimates of ambient concentrations required under section 9 shall be based on the applicable 

air quality models, data bases, and other requirements specified in the Appendix W of 40 CFR Part 51 (Guideline on Air Quality Models). 

10.2. Where an air quality impact model specified in Appendix W of 40 CFR Part 51 (Guideline on Air 

Quality Models) is inappropriate, the model may be modified or another model substituted, provided that said 

modification or substitution is appmved in writing by the Administrator. w5-14-11. Air Quality Monitoring ~eqnirements. 

11 .l. Any person proposing to construct or relocate a major stationary source shall provide an analysis 

of the ambient air quality in the area that the major stationary source would affect for each pollutant that it 

would have the potential to emit in a significant amount. 

11.2. Any person proposing to make amajor modificationto a stationary source shall provide an analysis 

of the ambient air quality in the area that the major modification would sect for each poutant for which 

it would result in a significant net emissions increase. 

11.3. Forthose pollutants for which no National or West Virginia Ambient Air Quality Standard exists, 

the analysis shall contain such ah quality monitoring data as the Secretary determines is necessary to assess 

ambient air quality for that pollutant in any area that the emissions of that pollutant would affect. 

11.4. For those pollutants (other than non-methane hydrocarbons) for which such an ambient air quality 

standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contiibute to a violation of the standard or arry maximum allowable increase. 

11.5. A11 ambient air quality monitoring data that is required shall have been gathered over a period of 

one (1) year and shall represent the year preceding receipt of the application, except that, ifthe Secretary 

determines that a complete and adequate analysis can be accornpIished with monitoring data gathered over 
11.6. hy person proposing to construct or relocate a major stationary source or make a major 

modification shall, after construcf on of the stationary some or modification, conduct such ambient 

monitaring as the Secretary determines is necessary to &tennine the &at emissions ham the stationary 

source or modification may have, or are having, on air quality in any ma. 

11.7. Operation of monitoring stations required by section 11 shall meet the requirements of Appendix 

B of 40 CFR Part 58 during the operation of the monitoring stations. 545-14-12. Additional Impact Analysis Requirements 

12.1. Any person proposia to construct or relocate a major stationary source or make a major 

modification shall provide: 

12.1.a. An analysis of the impairment to visibility, soils, andvegetation that would occur as a result 

of the source or modScation and general commercial, residential, industrial, and other growth associated with 

the source or modification. The owner or operator need not provide an analysis of the impact on vegetation 

having no significant commercial or recreational value; and 

12.1 .b. An analysis ofthe air quality impact projected for the area as aresult of general commercial, 

residential, industrial and other growth associated with the source or modification. 

545-14-13. Additional Requirements and Variances for Sources Impacting Federal CIass I Areas. 

13.1. Notice to EPA. -- The Secretary shall transmit to the Administrator a copy of each permit 

application relating to a major stationary some or major modification impacting a Class I area and provide 

notice to the Administrator of every action related to the consideration of such permit. 

13.2. Notice to Federal land managers. -- The Secretary shall provide written notice of any permit 

application for a proposed major stationary source or major modification, the emissions fiom which may 

affect a Class I area, to the Federal land manager or the Federal official, charged with direct responsibility for management of any lands within any such area. Such notification shall include a copy of all information 

relevant to the pennit application and shall be given within 30 days of receipt and at least 60 days prior to 

any public hearing on the application for a permit to constmt. Such notification shall include an analysis 

of the proposed source's anticipated impacts on visibility in the Federal Class I area. 

13.3. The Secretary shall also provide the Federal land manager or suchFederal officials with a copy of 

the preliminary dete~tionrequiredunder subsection 17.2, and shall make available to themany materials 

used in making that determination, promptly aRer the Secretary make8 such aletentination. Finally, the 

Secretary shall also notify all affected Federal land managem within 30 days of receipt of any advance 

notification of any such permit application. 

13.4. Federal Land Manager. -- The Federal Land Manager or the Federal official, charged with direct 

respomibility for management of such lands has an afkmtive responsibilily to protect the air @ty related 

values (including visibility) of such lands and to consider, in consultation with the Secretary, whether a 

proposed source or modificatian will have an adverse impact on such values. 
(including visibility) of any Federal mandatory Class I lands, notwithstanding that the change.in air quality 

resulting from emissions from such source or modification would not cause or contribute to concentrations 

which would exceed the maximum allowable increases for a Class I area. Ifthe Secretary concurs with such 

demonstration, the Secretary shall deny the permit to construct. 

13.6. Class I variances. -- The owner or operator of a proposed source or modification may demonstrate 

to the Federal Land Manager that the emissions fiom such source or modification would have no adverse 

impact on the air quality related values of any such lands (including visibility), notwithstanding that the 

change in air quality resulting fKrm emissions fimn such source or modification would cause or contribute 

to concentrations which would exceed tho maximum allowable increases for a Class I area. If the Federal 

land manager concurs with such demonstration and he so certilies, the Secretary may issue the pennit: 

Provided, That the applicable requirements of this section are otherwise met, to issue the pdt with such 

emission limitations as may be necessary to assure that emissions of sulfur dioxide, PX,, PM,,, andnitrogen 

oxides would not exceed tho following maximum allowable increases over minor source baseline 

concentration for such pollutants: 

Maximum Allowable Pollutant Concentration Increase aver Minor Source Baseline Concentration 

(Irg/m3) 

Particulate Matter: 

PW*,, Annual arithmetic mean 4 

Ph&, 24-hr maximum 9 

PM,,, Annual arithmetic moan 17 PM,,, 24-hr maximum 30 

Sulfut dioxide : 

Annual arithmetic mean 20 

24-hr maximum 91 

3-hr maximum 325 

Nitrogen dioxide: 

Annual arithmetic mean 25 

13.7. An applicant for a permit pursuant to this rule shall be allowed the Class I variances as provided 

in 40 CFR §§51.166@)(4), (5), (61, and (7) as contained in the Code of Federal Regulations on July 1,1994, 

provided, that all requirements of said 40 CFR §§51.166@)(4), (5), (61, and (7) are met and written 

notification of variance in accordance with said section(s) is provided to the Secretary. 

545-14-14. Procedures Wr Sources Employing Innovative Control Technology. 

14.1. Any person proposing to construct or mow a major stationary source or major modification may 

petition the Secretary to approve a system of innovative control technology in lieu of best available control 

technology. Any such proposed innovative control technology shall meet the following conditions: 

14.1 .a. The proposed control system wouldnot cause or conttibute to anunreasonable risk to public 

health, welfare, or saEety in its operaf on or function; 
14.1 .c. The source or modification would meet requirements equivalent to all requirements of this 

rule that a stationary source employing a system of best available control technology would be required to 

meet; 

14.1.d. Before the date specified in subsection 14.4, the some or modification would: 

14.l.d.l. Not cause or contribute to any violation of an applicable National Ambient Air Quality 

Standard; 

14.l.d.2. Not impact any area where an applicable increment ia known to be violated; 

14.l.d.3. Meet all other applicable requirements including those for public participation; and 

14.l.e. The provisions of 40 CFR 851.1 66(p) (relating to Class I areas) have been satisfied with 

respect to all periods during the Life of the some or modification. 

14.2. The Secretary hall consult with the governor(s) of other state(#) and the Federal Land Manager@) 

of areas impacted by the proposed some or modification. 

14.3. The Secretary, with the concurrence of the governor(s) of other state(s) and the Federal Land 

Managerls), may make a determination that the source or modification would be employing innovative 

cwml ~chtlology. 

14.4. The Secretary shall spec* a date by which the source or modilication must meet the requirements 

and conditions of subsection 14.1. Such date shall not be later than four (4) years fiom the time of start-up 

or seven (7) years fhn permit issuance. 

14.5. The Secretary shall withdraw any approval to employ a system of innovative control technology 

made under this section 14 if 

14.5.a. The proposed system fails by the specified date to achieve the required continuous emissions 

reduction rate; or 

14.5.b. The proposed system fails before the spec~edate so as to contribute to an unreasonable 

risk to public health, weKbre, or safety; or 

14.5.c. The Secretary decides at any time that the proposed systemis unlikely to achieve therequi~d 

level of control or to protect the public health, welfare, or safety. 

14.6. If the source or modification fails to meet the required level of cantinuous emissions reduction 

within the specified time period, or if the approval is withdrawn in accordance with subsection 14.5, the 

Secretary shall specify a date by which the source or modification shall meet the requirement for the 

application of best available control technology through use of a demonstrated system of contsol. This date 

shalI not exceed three (3) years hm the date of the end of the speczed time period or the date that the 

approval is withdrawn, whichever is earlier. 
allowable increase: 

15.1.a. Concentrations atlributable to the increase in emissions fiom stationary sources which have 

converted fiom the use of petroleum products, natural gas, or both by reason of an order in effect under 

sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding 

legislation as ofthe effective date of this de) over the emissions fi-om such Bources before the effective-date 

of such an order; 

15; 1.b. Concentrations attributable to the increase in emissions &om sources which have converted 

hm using natural gas by reason of natural gas curtailment plan in effect pursuant to the Federal Power Act 

over the emissions from such sources before the effective date of such plaa; 

15.l.c. Concentrations of particulate matter attributable to the increase in emissions from 

construction or other temporary emission-related activities of new or modiiied sources; and 

15.l.d. Concentrations athibutable to the temporary increase in emissions of suk dioxide, 

particulate matter, or nitrugen oxides hm stationary sources so long as ~uch exclusion meets the following 

requirements : 

15.1.d.l. The temporary einissions increase of suIfbr dioxide, pasticdate matter or nitrogen 

dioxides does not exceed two (2) years in duration; 

15.l.d.2. The exclusion period for the temporary emissions increase is not renewable; and 

15.1.63. The exclusion allows no emissions increases fiom astationary source which would: 

15.l.d.3.A. Impact a Class I area or an ma where an applicable incament is known to be 

violated; or 

15.l.d.3.B. Cause or contribute to aviolation of a National Ambient Air Quality Standard. 

15.1.64. The exclusion requires limitations to be in &ect at the end of the exclusion period 

specified in paragraph 15.l.d.1, which ensures that the emissions levels fimn stationary sources would not 

exceed those levels occdg from such sources before the temporary increase. 

15.2. No exclusion of such concentrations shall apply more than five (5) years after the effective date of 

the order to which subdivision 15.1.a refers or the plan to which subdivision 15.1.b refers, whichever is 

applicable. If both such order and plan are applicable, no such exclusion shall apply Ilibre than five (5) years after the later of such effective dates. 

845-14-16. Specific Exemptions. 

16.1. A non-profit health or non-profit educational institution praposing to construct or relocate a major 

stationary source or to make a major modification may petition the Secretary for an exemptim fiom the 

requirements of subsections 8.2,8.3 and 8.4 and sections 9, 11 and 12. 
Table 1 may petition the Secretary for exemption from the requirements of subsections 8.2, 8.3, 8.4 and 

sections 9,11 and 12. 

16.3. Any person proposing to relocate a source or modification that is a portable stationary source which 

has previously received a permit under this rule may petition the Secretary for an exemption from the 

requirements of subsections 8.2, 8.3 and 8.4 and sections 9, 11 and 12. The Secretary shall grant this 

exemption if the following conditions are met: 

16.3.a. The source proposes to relocate and emissiorfi of the source at the new locaf on wodd not 

exceed two (2) years; 

16.3.b.. The esions fiom the source would not exceed its allowable emissions; 

16.3.c. The emissions fiomthe source wouldimpact no Class I area andno areawhere an applicabIe 

increment is known to be violated; 

16.3.d. The source identifies the proposed new location and the probable duration of operation at 

the new location; and 

16.3.e. Such petition shall be submitted to the Secretary not less than ten (10) days in advance of 

the proposed reIocation unless a different time duration is previously approved by the Secretary. 

16.4. Requirements equivalent to those contained in subsections 8.2,8.3 and 8.4 and sections 9, 11 and 

12 do not apply to a major stationary source or major modification with respect to a particular pollutant if the 

owner or operator demonstrates that, as to that pollutant, the source or modification is located in an area 

designated as nonattaimnent under 5107 of the CAA. 

16.5. Any person proposing to construct or relocate a major stationary source or make a major 

modificationmay petition the Secretary for an exemption hm the requirements of sections 9 through 12 with 

respect to a pdcdar pollutant and the Secretary shall grant such exemption, if the allowable emissions of that pollutant fiom a new source, or the net emissions increase ofthat pollutant fiom a modification, would 

not exceed two (2) years, would not impact any Class I area and would not impact any area where an 

applicable increment is known to be violated. 

16.6. Any person proposing to modify a major stationary source located in a Class II area that was in 

existence prior to March 1, 1978 may petition the Secretary for an exemption fmm the requirements of 

sections 9,11 and 12 as they relate to any maximum allowable increase for a Class II area. The Secretary 

shall pant such exemption if the net increase in allowable emissions of each regulated NSR pollutant from 

the modification after the application of best available control technology would be less than fifty (50) tons per year. 

16.7. Any person proposing to construct or relocate a major stationary source or make a major 

modification may petition the Secretary for an exemption from the requirements of section 11 with respect 

to a particular pollutant if: 
16.7.b. The applicant demonstrates that the concentrations of the pollutant in the area that the source 

or modification would affect are less than the con~entrations listed in Table 2; or 

16.7.c. The applicant's request is for any pollutant which is not listed in Table 2. 

16.8. The pennitling requirements contained in subdivision 9.1.b do not apply to a stationary source or 

modification with respect to any maximum allowable increase for nitrogen oxides if the owner or operator 

of the source or modification submitted an application for a permit to the Secretary before the provisions embodpg the maximum allowable increase took effect as part of the plan and the Secretaty subsequently 

determines that the application as submitted before that date was complete. 

Table 2 - De Minimis Air Quality Impacts . . ' 

16.9. The permitting requirements cmtainedin subdivision 9.1.b shall not apply to a stationary source 

or modification with respect to any maximum allowable increase for Pw, if: 

Pollutant 

Carbon Monoxide , 

Nitrogen Dioxide 

%- . . 

PM10 

Sulh Dioxide 

ozone1 

Lead 

Fluorides 

Hydrogen Sulfide 

Total Reduced Sulk 

Reduced Sulfur Compounds 

16.9.a. The owner or operator of the source or modification submitted an application for a permit 

to the Secretary before the provisions embodying the maximum allowable increases for PM,, took effect as 

part of the plan, and 

No dc rninimii air qulity lwd is providtd for ozone. However, any net emisions increase of 100 tons per year or marc of volatile organic 

ccmpounds ornikogeu axidtssubjcct toPSD would be required to perform an ambient impact analysis, includingtlle gathering of air qualirj data. 

Concentration 

!pg/m31 

575 

14 

. .. 

4 4. 

10 

13 

None 

0.1 

0.25 

0.2 

10 

10 

Averaging Time 

%hour 

annual 

24=htr 

24-hour 24-hour 

NA 

3-month 

24-hour 

I -hour 1-how 1-hour 
7 

16.10. The reauirments of subsection 9.1 shall not amlv to a stationarv source or modification with 

resoect to the national ambient air uualitv standards for PM,, in effect on March 18,2013 if: 

16.10.a. 'I% e S ecre tarv has determined a nermit mulication subiect t~ this section to be comolete on 

or before December 14. 2012. Instead the reauirements in subsection 9.1 shall amlv with respect to the 

national ambient air aualitv standards for I'M,, in effect at the time the Secretarv ktermined the permit 

a~~lication to be comulete: or 

16.10.b. The Secretarv has first published before March 18. 2013 a public notice of a weliminm 

detenninatian for the verrnit aupfication subiect to this section. Instead the requirements in subsection 9.1 

shall amlv with respect to the national ambient air clualitv standards for PM,, in effect at the time of frst 

publication of a public notice on the ~reliminarv determination. 

545-14-17. Public Review Procedures. 

17.1. At the time that an application for a construction, modification or relocation permit is filed, the 

applicant shall place a Class I legal advertisement in a newspaper of general circulation in the area where the 

source will be located. No permit shall be issued to any applicant until at least thirty (30) days notice has 

been provided to the public. The advertisement shall contain at a minimum, the name of the applicant, the 

type and iocation of the some, the type and amount of air pollutants proposed to be discharged, the nature 

of the permit being sought, the proposed start-up date for the source and a contact telephone number for more 

information. 

17.2. After finishing the review of a complete application, the Secretary shall make a preliminary 

determination whether a permit should be approved, approved with conditions, or disapproved. 

17.3. The Secretary shall make available in at least one location in the region in which the proposed 

source would be constructed a copy of all materials the applicant submitted (excluding data entitled to 

protection as confidential information under 45CSR31X a copy of the preliminary &termination, and a copy 

or su~m~~~ry of other materials, if any, considered in making the preliminary determination. 

17.4. The Secretary shall place a Class I legal advertisement in a paper of general circulation in the area 

where tho proposed source would be conshructed, modified, or relocated. The advertisement shall contain, 

as a minimum, the name of the applicant, the type and location of the source, the proposed start-up date, the 

preliminary determination, the degree of increment consumption that is expected from the source or modScatian, notification of the opportunity for written public comment, provisions for requesting a public meeting, details concerning the time and place of such a meeting if one is scheduled, and nomcation of the 

opportunity for comment at a public meeting if such meeting is to be conducted. A public comment period of thirty (30) days shall be provided and so stated in the advertisement. 

17.5. The Secretary shall send a copy of the advertisement to the applicant, to the Administrator, and to 

officials and agencies having cognizance over the location where the pmposed construction would occur as 

follows: any other State or local air pollution control agencies, the chief executives of the city and county where the source would be located; any comprehensive regional landuse plantling agency, any State, and any 
public notiBcation of an opportunity for comment upon a proposed construction or relocation of a major 

stationary source or major modification, and comments submitted with a specified period not to exceed 

fifteen (1 5) days after any public meeting to receive comment on such proposed construction, modification, 

or relocation before making a find decision anthe approvability of the application The Secretary shall make 

copies of alf comments avdable for public inspection in the same locations where the Secretary made 

available preconstruction Sonnation relating to the proposed source or mocWcation. 

17.7. The Secretary shall make a ha1 determination whether construction should be approved, approved 

with conditions, or disapproved. 

17.8. The Secretary shall notify the applicant in writing of the; final determination and make a copy of 

such notification available for public inspection at the same location where the Secretary made available 

preconstruction information and public comments relating to the proposed some or modification. 

645-14-18. Public Meetings. 

18 .I. Public meetings to receive comments on pemit applications shallbe held whenthe Secretary deems 

it appropriate or when substantial interest is expressed, in writing, by persons who might reasonably be 

expected to be affected by the pposed major source or major modification. 

18.2. The Secretary or the Secretary's designee shall preside over such meetings and ensure that all 

interested parties have ample opportunity to present comments. Such meetings shall be held at a cwenient 

place as near as practicable to the location of the proposed major source or major mod3ication. 

18.3. At a reasonable time prior to such meetings, the Secretary shall provide appropriate information 

to news media in the area where the proposed source or modification is to be located. 

845-14-19. Permit Transfer, Cancellation and Responsibility. 

19.1. A permittee may petition the Secretary for a transfer of a pernoit previously issued in accordance 

with this rule. The Secretary shall approve such permit transfer provided the following conditions are met: 

19.1.a. The pennittee, in tlte petition, describes the reasons for the requested permit transfer and 

ceriifies that the subject source is in compliance with all the provisions and reqwimments of its permit, and 

19.1 .b. The transferee provides written acknowledgment that it accepts and will comply with all the 

requirements, tern, and conditions as contained in the subject permit. 

19.2. The Secretary shall suspend or revoke a permit if, after eighteen (18) months from the date of 

issuance the holder of the permit cannot provide the Secretary, at the Secretary's request, with written proof 

of agood fbith effort that such construction, modification, or relocation has commenced andremains ongoing. 

Such proof shall be provided not later than thirty (30) days aftex the Secretary's request. 

19.3. The Secretary may suspend, modify, or revoke the pennit ifthe plans and specifications uponwhich 

the approval was based or the conditiom established in the permit are not adhered to. Upm notice of the 
19.4. Amy owner or operator who constructs, modifies or relocates any stationary source not in 

accordance with the application submitted pursuant to this rule or with the tenns of any permit to construct, 

modify or relocate, or any owner or operator of a source subject to this rule who commences construction 

after the effective date of this rule without applying for and receiving approval hereunder, shall be subject 

to appropriate enforcement action. 

19.5. Possession of a.pemit does not relieve any person of the respoasibiiity of complying with any arid 

all rules of the Secretary or W.Va. Code ij 22-1-1 et seq. 

19.6. [Reserved.] 

19.7. Amy person who owns or operates arry particular source or modification which becomes a major 

stationary source or major modification solely by virtue of a relaxation in any limitation, enforceable by the 

Administrator or the Secretary, on the capacity of the source or modification othe~wise to emit a pollutant 

(such as a restriction on hours of operation), shall become subject to the requirements of this rule as though 

construction had not yet commenced on the source or modification. 

19.8. Except as otherwise provided in subdivision 19.8.g the following specific provisions apply with 

respect to any regulated NSR pollutant emitted from projects at exisling emissions units at a major stationary 

source (other than projects at a source with a PAL) in circumstances where there is a reasonable possibiity, 

within the meaning of subdivision 19.8.s that a project that is not a part of a major modification may result 

in a significant emissions increase of such pollutant, and the owner or operator elects to use the method 

specified in paragraphs 2.63.a. 1 through 2.63.a.3 for calculating projected actual emissions. 

19.8.a. Before beginning actual construction of the project, the owner or operator shall document 

and maintain a record of the following infonuation: 

19.8.a. 1. A description of the propased project; 

19.8.a.2. Identification of the emissionsdt(s) whose emissions of aregulated NSR pollutant could 

be afEected by the proposed project; and 

19.8.a.3. A description of the applicability test used to determine that the proposed project is not 

a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected 

actualemislsions, the amount of emissions excludedunder paragraph 2.63.a.2 and an explanation for why such 

amount was excluded, and any netting calculations, if applicable. 

19.8.b. Ifthe emissions unit is an existing electric utility steam generating unit, before beginning 

actual construction, the owner or operator shall provide a copy of the infomation requiredmder subdivision 

19.8.a to the Secretary. Nothing in subdivision 19.8.b shall be construed to require the owner or operator of 

such a unit to obtain any determination fiom the Secretary before beginning actual construction. 

19.8,~. The owner or operator shall monitor the emissions of any regulated NSRpollutant that could 

increase as a result of the project and that is emitted by any emissions unit identiiied in paragraph 19.8.a.l. 
the design capacity of or potential to emit that regulated NSR pollutant at such emissions unit. 

19.8.d. If the unit is an existing electric utility steam generating unit, the owner or operator shall 

submit a report to the Secretary within 60 days after the end of each year during which records must be 

generated under subdivision 19.8.c setring out the unit's annual emissions during the calendar year that 

preceded submission of the report. 

19.8.e. Hthe unit is an exisring unit other than an electric utility steam generating unit, the owner 

or operator shall submit a report to the Secretary if the annual emissions, in tons per year, from the project 

identified in subdivision 19.8.a, exceedthe baseline actual emissions (as docmentedandmaintained pursuant 

to paragraph 19.8.a.3), by a significant amount (as defined in subsection 2.74) for that regulated NSR 

pollutant, and if such emissions differ from the preconstruction projection as documented and maintained pursuant to paragraph 19.8.a.3. Such report shall be submitted to the Secretary within 60 days after the end of such year. The report shall contain the following: 

19.8.e.1. The name, address and telephone number of the major stationary source; 

19.8.e.2. The annual emissions as calculated pursuant to subdivision 19.8.c; and 

19.8.e.3. Any other information that the owner or operator wishes to include in the report (e,g., an 

explanation as to why the emissions dif3er hm the preconstruction projection). 

19.8.f. A "reasonable possibility" under subsection 19.8 occurs when the owner or operator 

calculates the project to result in either: 

19.8.f.l. A projected actual emissions increase of at least 50 percent of the amount that is a 

"significant emissions increase," as &fined under subsection 2.75 (without reference to the amount that is 

a signiscant net emissions increase), for the regulated NSR pollutant; or 

19.8.f.2. A projected actual emissions increase that, added to the amount of emissions excluded 

under paragraph 2.631.3, sums to at least 50 percent of the amount that is a "significant emissions increase," 

as defined under subsection 2.75 (without reference to the amount that is asimcant net emissions increase), 

for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only within the 

meaning of this paragraph, and not also within the meaning of paragraph 19.8.f.1, then provisions under 

subdivisions 19.8.b through 19.8.e do not apply to the project. 

19.9. The owner or operator ofthe some shall make available the infmationrequiredto be documented 

and maintained pmuant to subsection 19.8 for review upon a request for inspection by the Secretary or the 

general public pmuant to the requirements contained in 45CSR30. 

845-14-20. Disposition of Permits. 

20.1. In the event that the Secretary promulgates changes to this rule or in the event of a redesignation 

of an attainment or non-attainment area (in accordance with 5 107 of the CAA) prior to ~al disposition of 

a permit, the Secretary shall make final disposition of the permit application in accordance with such newly 
21.1. For sources required to obtain a pennit m&r this de, the provisions of 45CSR13 requiring a 

permit do not apply, so that only a single permit is required; provided, however, that: 

21.1 .a. The base permit applicationfee of $1,000 pursuant to 45CSR22, subdivision3.4.a shalI apply 

to such sources in addition to other applicable fees; and 

2.l.l.b. Any permit issued under this rule includes conditions that ens* compliance with the 

provisions of 45CSR13 to-the extent applicable to any regulated air pollutant (as defmed in 45CSRl3) not 

otherwise covered under this rule. 

21.2. For sources that may be aubject to 45CSR13, 45CSR14 and/or 45CSR19, the more stringent 

provisions of each applicable rule shall apply. 

845-14-23. [Reserved.] 845-1435. Actuals PALS. 

25.1. Applicability. 

25.l.a. The Secretary may approve the use of an actual8 PAL for any existing major staticmary 

source if the PAL meets tk requirements in subsections 25.1 through 25.15. The tern "PAL" shall mean "actuals PAL" throughout section 25. 

25.l.b. Any physical change in or change in the method of operation of a major stationary source 

that maintains its totf source-wide emissions below the PAL level, meets the requirements in subsections 

25.1 through 25.15, and complies with the PAL permit: 

25.1 .b.l . Is not a major modification for the PAL poll-, 

25.1.b.2. Does not have to be approved through the PSD program; and 

25.1.b.3. Is not subject to the provisions in subsection 19.4 (resbtictions on relaxing enforceable 

emission limitations that the major stationary source used to avoid applicability of the major NSR program). 

25.1.~. Except as provided under paragraph 25.1.b.3, a major stationary source shall continue to 

comply with all applicable Federal or State requirements, emission limitations, and work practice 

requirements that were established prior to the effective date of the PAL. 

25.2. Definitions. - For the purposes of this section 25, the definition in subdivision 25.2.a applies. 

When a term is not defined in these paragraphs, it shall have the meaning given in section 2 or in the CAA. 
25.2.a.l. The allowable emissions for any emissions unit shall be calculated considering any 

emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit. 

25.2.a.2. An emissions unit's potential to emit shall be determined using the definition in 

subsection 2.58, except that the words "or enforceable as a practical matter" should be added after "federally 

enfmeable." 

25.3. Permit application requirements. -- As part of a perinit application requesting a PAL, the owner or 

operator of a major stationary source shall submit the following information ti the Secretary for approval: 

25.3.a. - A list of all. emi~sions units at the source designated as. small, significant or major based on 

their poWal to emit. In addition, the owner or operator of the source shall indicate which, if any, Federal 

or State applicable requirements, emission limitations, or work practices apply to each unit. 

. 25.3.b. Calculations of the baseline actual emissions (with supporting documentation). Baseline 

actual emissions are to include emissions associated not only with operation of the unit, but also emissions 

associated with startup, shutdown, and malfunction. 

25.3.c. The calculation procedures that the major stationary source owner or operator proposes to 

use to cmert the monitoring system data to monthly emissions and annual emissions based on a 12-month 

rolling total for each month as required by subdivision 25.13.a. 

25.4. General requirements for establishing PALA. 

25.4.a. The Secretary is allowed to establish a PAL at a major stationary source, provided that at a 

minimum, the requirements in paragraphs 25.4.a.1 through 25.4.a.7 are met. 

25.4.a.l. The PAL shall impose an annual emission limitation in tons per year, that is enforceable 

as a practical matter, for the entire major stationary source. For each month during the PAL effective period 

after the ht 12 months of establishing a PAL, the major stationary source owner or operator shall show that 

the sum of the monthIy emissions fixnn each emissions unit under the PAL for the previous 12 consecutive 

months is less than the PAL (a 12-month average, rolledmonthly ). For each month during the first 1 1 months 

hm the PAT, effective date, the major stationary source owner or operator shall show that the sum of the 

preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than 

the PAL. 

25.4.a.2. The PAL shall be established in a PAL permit that meets the public participation 

requirements ia section 17. 

25.4.a.3. The PAL permit shall contain all the requirements of subsection 25.7. 

25.4.a4. The PAL shall include fugitive emissions, to the extent quantifiable, fram all emissions 

units that emit or have the potential to emit the PAL pollutant at the major stationary source. 

25.4.a.5. Each PAL shall regulate emissions of only one pollutant. 
monitoring, recordkeefing, and reporting requirements providedin subsections 25.12 through 25.14 for each 

emissions unit under the PAL through the PAL effective period. 

25.4.b. At no time during or after the PAL effective period are emissions reductions of a PAL 

pollutant that 0c.c~ during the PAL effective period creditable as decreases for purposes of ofbets pursuant 

to 45CSR19 unless the leveI of the PAL is reduced by the amount of such emissions reductions and such reductions would be creditable in the absence of the PAL. 

25.5. Public participation requirements for PALS. --PALS for exis- major stationary sources shall be 

established, renewed, or increased through a procedure that is consistent with 45CSR13. This includes the 

requirement that the Secretary provide the public with notice of the proposed approval of a PAL pennit and 

at least a 30-day period for submittal of public comment. The Secretary must address all material comments 

before taking final action on the pennit. 

25.6. Setting the 10-year actuals PAL level. 

25.6.a. Except as provided in subdivision 25.6.b, actuals PAL level fm a mjor stationary source 

shall be established as the sum of the baseline actual emissions (as defined in subsection 2.8) of the PAL 

pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under subsection 2.74 or under the CAA, whichever is lower. When establishing the 

actuals PAL level, for a PAL pollutant, only one consecutive 24-month pniodmust be usedto &tennine the 

baseline actual emissions for all existing emissions units. However, a different consecutive 24-montlr period 

may be used for each different PAL pollutant. Emissions associated with units that were permanently shutdown aRer this 24-month period mustbe subtracted fiom the PAL level. Emissions h units on which 

actual construction began after the 24-month period must be added to the PAL level in an amount equal to 

the potential to emit of the units. The Secretary shall specify a reduced PAL level(s) (in tons/yr) in the PAL pennit to become effective on the future compliance date(@ of any applicable Federal or State regulatory 

requirement(s) that the Secretary is aware of prior to issuance of the PAL permit. For instance, if the source 

owner or operator will be mquired toreduce emissions hmindushial boilers in halffiom baseline emissions 

of 60 ppm NO, to a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level that 

is equal to the current PAL level mduced by half of the original baseline emissions of such unit(s). 

25.6.b. For newly constructed units (which do not include modiscations to existing units) on which 

actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as 

specified in subdivision 25.6.a, the emissions must be added to the PAL level in an amount equal to the 

potential to emit of the units. 

25.7. Contents of the PAL pennit. - The PAL permit must contain, at a minimum, the information in 

subdivisions 25.7.a through 25.7.j. 

25.7.a. The PAL pollutant and the applicable source-wide emission limitation in tons per year. 

25.7.b. The PAL pennit ef€ective date and the expiration date of the PAL (PAL effective period). 

25.7.c. Specification in the PAL permit that if a major stationary source owner or operator applies 
25.7.d. A requirement that emission calculations for compliance purposes must include emissions 

hrn startups, shutdowns, and malfunctions. 

25.7.e. A requirement that, once the PAL expirea, the major stationary source is subject to the 

a requirements of subsection 25.9. 

25.7f. The calculation procedures that the major stationary source owner or operator shall use to 

convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling 

total as required by subdivision 25.13.a. 

25.7.g. A requirement that the major stationary source owner or operator monitor dl emissions units 

in accordance with the provisions under subsection 25.12. 

25.7.h. A requirement to retain the records required under subsection 25.13 an site. Such records 

may be retained in an electronic format. 

25.7.i. A requirement to submit the reports required under subsection 25.14 by the required 

deadlines. 

25.7.j. Any other requirements that the Secretary deems necessary to implement and enfo~e the 

PAL. 

25.8. PAL effective period and reopening ofthe PAL permit. -- lie requirements in subdivisions 25.8.a 

and 25.8.b apply to actuals PALS. 

25.8,- PAL effective period. -- The Secretary shall spec* a PAL effective period of 10 years. 

25.8.b. Reopening of the PAL permit. 

25.8.b.l. Dwing the PAL effective period, the Secretary must reopen the PAL permit to: 

25.8.b.l.A. Correct typographical or calculation errors made in setting the PAL or reflect a 

more accurate determination of emissions used to establish the PAL; 

25.8.b.l.B. Reduce the PAL if the owner or opera& of the major staf onasy source creates 

creditable emissions reductions for use as ofiets pursuant to 45CSR19; and 

25.8.b.l.C. Revise the PAL to reflect an increase in the PAL as provided under subsection 

25.11. 

25.8.b.2. The Secretary shall have discretion to reopen the PAL permit for the following: 

25.8.b.2.A. Reduce the PAL to reflect newly applicable Federal requirements (for example, 

NSPS) with compliance dates after the PAL effective date; 
25.8.b.2.C. Reduce the PAL if the Secretary determines that areduction is necessary to avoid 

causing or contributing to a National Ambient Air Quality Standard (NAAQS) or PSD increment violation, 

or to an adverse impact on an air quality related value that has been idenlified for a Federal Class I area by 

a Federal Land Manager and for which information is available to the general public. 

25.8.b.3. Except for the permit reopening in subparagraph 25.8.b.l.A for the correction of 

typographical/calcul.~tion errors that do not increase the PAL lwel, all other reopenings shall be carried out 

in accordance with the public participation requirements of subsection 25.5. 

25;9. Expiration of a P.41,. -- Any PAL that is not renewed in accordance with the procedures in 

subsection 25.10 shall expire at the end,of the PAL effective period, and the requirements in subdivisiom 

25.9.a through 25.9.e shall apply. 

25.9.a. Each emissions unit (m each group of emissions units) that existed under the PAL shall 

comply with anallowable mission limitation under a revisedpennit established according to the procedures 

in paragraphs 25.9.a.1 and 25.9.a.2. 

25.9.a.l. Within the time fiame specxed for PAL renewals in subdivision 25.10.b, the major 

stationary source shall submit a proposed allowable emissionlimitation for eachemissions unit (or each group 

of emissions units, if such a distribution is more appropriate as decided by the Secretary) by distributing the 

PAL allowable emissions for the major stationary source among each of the emissions units that existedunder 

the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during 

the PAL effective period, as requiredunder subdivision 25.1 0.e, such distribution shdl be made as if the PAL 

had been adjusted. 

25.9.a.2. The Secretary shall decide whether and how the PAL allowable emissions will be 

distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group 

of emissions units, as the Secretary determines is appropriate. 

25.9.b. Each emissions unit@) shall comply with the allowable emission limitation on a 12-month 

rolling basis. The Secretary may approve the use of monitoring systems (source testing, emission factors, 

etc.) other than CEMS, CERMS, PEMS, or CPMS to demonstrate cmpliance with the allowable emission 

limitation. 

25.9.c. Until the Secretary issues the revised permit incorporating allowable limits for each 

emissions unit, or each group of emissions units, as required under paragraph 25.9.a.2, the source shall 

continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission 

limitation. 

25.9.d. Arry physical change or change in the methodof operation at the major stationary source will 

be subject to major NSR requirements if such change meets the defhitionof major modification in subsection 2.40. 

25.9.e. The major stationary source owner m operator shall conhue to comply with any State or 
in paragraph 25.l.b.3. 

25.10. Renewal of a PAL. -- The Secretary shall follow the procedures specified in subsection 25.5 in 

approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL 

level and a written rationale for the proposed PAL level to the public for review and comment. During such 

public review, any person may propose a PAL level for the source for consideration by the Secretary. 

25.10.a Application deadline. -- A major statianary source owner or operator shall submit a timely 

application to the Secretary to request renewal of a PAL. A timely applimtion is one that is submitted at least 

6 months prior to, but not earlier than 18 months hm, the date of pennit expiration. This deadline for 

application submittal is to ensure that the pennit will not expire before the permit is renewed. Ethe owner 

- or operator of a major stationary source submits a complete application to renew the PAL within this time 

period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued. 

25.10.b. Application requirements. -- The application to renew a PAL pemit shall contain the 

infomation required in paragraphs 25.10.c.l ,through 25.10.c.4. 

25.10.b. 1. The information required in subdivisions 25.3.a through 25.3.c. 

25.10.b.2. A proposed PAL level. 

25.10.b.3. The sum ofthe potential to emit of all emissions unitsunder the PAL (withsupporting 

documentation). 

25.10.b.4. Any other information the owner or operator wishes the Secretary to consider in 

determining the appropriate level for renewing the PAL. 

25.1O.c. PAL adjustment. --In determining whether and how to adjust the PAL, the Secretary shall 

consider the options outlined in paragraphs 25.10.d 1 and 25.10.d.2. However, in no case may any such 

adjustment fail to comply with paragraph 25.10.d.3. 

25.1O.c.l. If the emissions level calculated in accordance with subsection 25.6 is equal to or 

greater than 80 percent of the PAL level, the Secretary may renew the PAL at the same level without 

considering the factors set forth in paragraph 2510.62; or 

25.10.c.2. The Secretary may set the PAL at a level that he or she determines to be more 

representative of the source's baseline actd emissions, or that he or she determines to be more appropriate 

considering air quality needs, advances in control technology, anticipatedeconomic growthin the area, desire 

to reward or encourage the source's voluntary emissions reductions, or other factors as specifically identified by the Secretary in his or her written rationale. 

25.10.c.3. Notwithstanding paragraphs 25.10.d.l and 25.10.d2: 

25.10.c.3.A. If the potential to emit of the major stationary source is less than the PAL, the 

Secretary shall adjust the PAL to a level no greater than the potential to omit of the source; and 
25.10.d. If the compliance date for a State or Federal requirement that applies to the PAL source 

occurs during the PAL effective period, and if the Secretary has not already adjusted for such requirement, 

the PAL shall be adjusted at the time of PAL permit renewal or title V pennit renewal, whichever occurs ht. 

25.1 1. Increasing a PAL duing the PAL effective period. 

25.11 .a. The Secretary may increase a PAL emission limitation only if the major stationary source 

complies with the provisiol~s in paragraphs 25.1 1.a.l and 25.11 .a.2. 

25.11.a.l. The owner or operator of the major stationary source shall submit a complete 

appIication to request an increase .in the PAL limit for a PAL major modification: Such application shall 

identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary 

source's emissions to equal or exceed its PAL. 

25.11.a.2. As part of this application, the major stationary source owner or operator shall 

demonstrate that .the sum of the baseline actual cmivsions of the small emissions units, plus the sum of the 

baseline actual emissions of the significant and major emissions units assuming application of BACT 

equivalent conmls, plus the sum of the allowable emissions of the new or modified emissions unit@) exceeds 

the PAL. The level of control that would result fi-om3 ACT equivalent controls on each signiscant or major 

emissions unit shall be determined by cmducthg a new BACT analysis at the time the appIication is 

submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that 

was established within the precedk 10 years. In such a case, the assumed control level fm that emissions 

unit shall be equal to the level of BACT or LAER with which that emissions mit must currently comply. 

25.11 .a.3. The owner or operator obtains a major NSR permit for all emissions unit(s) identified 

in paragraph 25.11 .a. 1, regardless of the magnitude of the emissions increase resulting from them (that is, no significant levels apply). These emissions unit@) shall comply with any emissions requirements resulting 

from the major NSR process (for example, BACT), even though they have also become subject to the PAL 

or continue to be subject to the PAL. 

25.ll.a.4. The PAL permit shall require that the increased PAL level shall be effective on the 

day any emissions unit that is part of the PAL major modification becomes operational and begins to emit 

the PAL pollutant. 

25.1l.b. The Secretary shall calculate the new PAL as the sum afthe allowable emissions for each 

modified or new emissions unit, plus the sum of the baseline actuaI emissions of the significant and major 

emissions units (assuming application of BACT equivalent controls as determined in accordance with 

paragraph 25.11.a.21, plus the sum of the baseline actual emissions of the small emissions units. 

25.11.~. The PAL permit shall be revised to reflect the increased PAL level pursuant to the public 

notice requirements of subsection 25.5. 

25.1 2. Monitoring requirements for PALS. 

25.12.a. General requirements. 
acceptable scienac procedures for data quality and manipulation. Additionally, the information generated 

by such system must meet minimum legal requirements for admissibility m a judicial proceeding to dmce the PAL permit. 

25.12.a.2. The PALmonitoring ~ystem must employ one or more of the four general monitoring 

approaches meeting the x.ahimum requirements set fbrthin paragraphs 25.12.b. 1 through 25.12.b.4 andmust 

be approved by the Secretary. 

25.12.a.3. Notwithstandingparagraph25.12.a.2, youmay also employ an alternative monitoring 

approach that meets paragraph 25.12.a.l if approved by the Secretary. 

25.12.a.4. Failure to use a monitoring system that meets the requirements of this rule renders the 

PAL invalid. 

25.12.b. Minimum performance requirements for approved monitoring approaches. The following 

are acceptable general monitoring approaches when conductedin accordance with the minimum requirements 

in subdivisions 25.1 2.c through 25.12.i: 

25.12.b. 1. Mass balance calculations for activities using coatings or solvents; 

25.12.b.2. CEMS; 

25.12.b.3. CPMS or PEMS; and 

25.12.b.4. Emission factors. 

25.12.~. Mass Mmce calculations. - An owner or operator using mass balance calculations to 

manitor PAL pollutant emissions from activities using coating or solvents shall meet the following 

requirements: 

25.12.c.l. Provide ademonstratedmeans ofvalidating the published content of the PAL pollutant 

that is contained in or created by all materials used in or at the emissions unit 

25.12.c.2. Assume that the emissions unit emits all of the PAL pollutant that is contained in or 

created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for 

in the process; and 

25.12.c.3. Where the vendor of a material or fuel, which is used in or at the emissions unit, 

publishes a range of pollutant content fiom such material, the owner or operator must use the highest value 

of the range to calculate the PAL pollutant emissions unless the Secretary determines there is site-specific 

data or a site-specjfic monitoring pmgram to support another content within the range. 

25.12.6 CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet 

the following requirements: 
25.12.d.2. CEMS: must sample, analyze and record data at least every 15 minutes while the 

emissions unit is operating. 

25.12.e. CPMS or PEMS. An owner or operator using CPMS or PEM to monitor PAL pollutant 

emissions shall meet the following requirements: 

25.12.e.l. The CPMS or the PEMS must be based on current site-specific data demonstrating 

a correlation between the monitored parameter@) and the PAL pollutant emissions across the range of operation of the emissions unit; and 

25.12.e.2. . Each CPMS orPEMS must sample, analyze, andrecord data at least every 15 minutes, 

or at another less fiequent interval approved by the Secretary, while the emissions unit is operating. 

25.12.f. Emission factors. -- An owner or operator using emission factors to monitor PAL pollutant 

emissions shall meet the following requirements: 

25.12.f.l. All emission factors shall be adjusted, if appropriate, to account for the degree of 

uncertainty or limitations in the factors' development; 

25.12.f.2. The emissions unit shall operate within the designated range of use for the emission 

factor, if applicable; and 

25.12.f.3. If technicaIly practicable, the owner or operator of a significant emissions unit that 

relies on an emission factor to calculatePAL pollutant emissions shall conductvalidationtesting to determine 

a site-specific emission factor within 6 months of PAL pennit issuance, unless the Secretary determines that 

testing is not required. 

25.12.g. A source owner or operator must record and report maximum potential emissions without 

conside enforceable emission lintitations or operational restrictions for an emissions unit during any 

period oftime that there is no monitoring data, unless another method for determining emissions during such 

periods is specified in the PAL permit. 

25.12.k Notwihtandmg the requirements in subdivisions 25.12s through 25.12.g where an owner 

or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter@) and 

the PAL pollutant emissions rate at dl operating points of the emissions unit, the Secretary shall, at the time 

of permit issuance: 

25.12.kl. Establish default value(s) for determining compliance with the PAL based on the 

highest potential missions reasonably estimated at such operating point@); or 

25.12.h.2. Determine that operation of the emissions unit during operating conditions when there 

is no correlation between monitored parmeter(s) and the PAL pollutant emissions is a violation of the PAL. 

25.12.i. Re-validation. -- AU data used to establish the PAL pollutant must be revalidated through 

performance testing or other scientifically valid means approved by the Secretary. Such testing must occur 
p

g 

q

25.13.a. The PAL permit shall require an owner or operator to retain a copy of all records necessary 

to determine compliance with any requirement of section 28 and of the PAL, including a determination of 

each emissions unit's 12-month rolling total emissions, for 5 years fiom the date of such record. 

25.13.b. The PAL pemiit shall require an owner or operator to retain a copy of the following records 

for the duration of the PAL effective period plus 5 years: 

25.13.b. 1. A copy of the PAL permit application and any applications for revisions to the PAL; 

and 

25.13.b.2. Each annual certification of compliance pursuant to'title V and the data relied on in 

certifying the compliance. 

25.14. Reporting and notification requirements. - The owner or operator shall submit semi-annual 

monitoring reports and prompt deviation reports to the Secretary in accordance with the applicable title V operating permit program. The reports shall meet the requirements in subdivisions 25.14.a through 25.14.~. 

25.14.a. Semi-annual report. -- The semi-annul report shall be submitted to the Secretary within 30 

days of the end of each reporting period. This report shall contain the information required in paragraphs 

25.14.a.1 through 25.14.a.7. 

25.14.a.1. Tho identification of owner and operator and the permit number. 

25.14.a.2. Total annd emissions (tomiyear) based on a 12-month rolling total fix each month 

in the reporting period recorded pursuant to subdivision 25.13.a. 

25.14.a.3. All data relied upon, including, but not limited to, any Quality Assurance or Quality 

Control data, in calculating the monthly and annual PAL pollutant emissions. 

25.14.a.4. A list of any emissions units modified or added to the major stationary source during 

the preceding 6-month period. 

25.14.a.5. The number, duration, and cause of any deviations or monitoring malfhctions (other 

than the time associated with zero and span calibration checks), and any corrective action taken. 

25.14.a.6. A notification of a shutdown of any monitoring system, whether the shutdown was 

pemment or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be 

fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by subdivision 25.12.9. 

25.14.a.7. A signed statement by the responsible official (as defined by the 45CSR30-2.38) 

certifying the hth, accuracy, and completeness of the idomation provided in the report. 
&viation reports shall be submitted within the time limits prescribed by the applicable program implementing 

45CSR30-5.l.c.3. The reports shall contain the following information: 

25.14.b. 1. The identification of owner and operator and the permit number; 

25.14.b.2. The PAL requirement that experienced the deviation or that was exceeded; 

25.14.b.3. Emissions resulting hm the deviation or the exceedance; and 

25.14.b.4. A signed statement by the responsible official (as defined by the applicable tide V 

operating permit program) cert;fjring the tsuth, accuracy, and completeness of the information provided in 

the report. 

25.14.~. Re-validation results. -- The owner or operator shall submit to the Secretary the results of 

any re-validation test or method within 3 months after completion of such test.or method. 

25.1 5. Transition requirements. 

25.15.a. The Secretary may not issue a PAL that does not comply with the requirements in 

subsections 25.1 though 25.15 after the effective date of EPA approval and promulgation of a revision to 

the WV SIP incorporating Xhis de. 

25.15.b. The Secretary may supersede any PAL that was established priorto the effective date offiPA 

approval and promulgation of a revision to the WV SIPincorporatirg this rule with a PAL that complies with 

the requirements of subsections 25.1 through 25.1 5. 545-14-26. Inconsistency Between RuIes. 

26.1. In the event of any inconsistency between this rule and any other rule of the West Virginia 

Department of Environmental Protection, such inconsistency shall be resolved by the &termhation of the 

Secretary and such determination shall be based upon the application of the more stringent provision, term, 

condition, method or rule. 
IN RE: 

PUBLIC HEARINGS FOR 

2014 PROPOSED LEGISLATIVE RULES 

Transcript of proceedings of the 

above-entitled public hearings taken on the 7th day of July 2013, commencing at 6:02 p.m, at the headquarters of the West 

Virginia Department of Environmental Protection, 601 57th 

Street, Charleston, West Virginia, pursuant to notice. 
the close of this hearing and will be made part of the 

rulemaking record. Any substantive question regarding 

revisions to the rules will be included with your comments, 

and any such question will be answered as part of the response 

to comments in the rulemaking record. 

The purpose of this public hearing is to 

satisfy state rulemaking requirements by accepting comments 

on proposed revisions to rule 45CSR8 - Ambient Air Quality 

Standards. This rule incorporates by reference the national 

primary and secondary National Ambient Air Quality Standards 

established by the EPA. The proposed rule contains U.S. 

EPSrs revised primary PM 2.5 NAAQS to provide requisite 

protection of public health with an adequate margin of safety. 

Upon authorization and promulgation of 45SCR8, the Division 

will submit the rule to the EPA as a revision to the State 

IsnpP~m~ntation Plan pursuant to the federal Clean Air Act. 

The floor is now open for comments. Please state your name 

and any affiliation. 

There being nothing further, this public 

hearing for proposed rule 45CSR8 is concluded. 

.................... 
made part of the rulemaking record. Any question regarding 

revisions to the rules will be included with your comments, 

and any such question will be answered as part of the response 

to comments in the rulemaking record. 

The purpose of this public hearing.is to 

satisfy state rulemaking requirements by accepting comments 

on proposed revisions to rule 45CSR14 - Permits for 

construction and Major Modification of Major Stationary Sources for the Prevention of Significant Deterioration of 

Air Quality. This rule establishes a state construction 

permit program consistent with the federal Clean Air Act and 

implementing regulations titled "Prevention of Significant 

Deterioration of Air Quality." Revisions to the rule 

incorporate implementation of 2012 Particulate Matter NAAQS 

requirements with respect to the significant deterioration 

permitting program. Revisions to the definition of 

"Regulated NSR Pollutant" generally excludes the condensable 

fraction of PM, and includes PM 2.5 and PM 10 condensable 

particulate matter for purposes of PSD permitting. Due to 

a DC Circuit court decision, significant impact levels and 

significant monitoring concentration levels for PM 2.5 have 
5 

1 submit the rule to the EPA as a revision to the State 

6 

Implementation Plan pursuant to the federal Clean Air Act. 

8 9 

There being nothing further, this public 

hearing for proposed rule 45CSR14 is concluded. 

11 

7 

This public hearing will now come to order 

15 

16 

The floor is now open for comments. 

made part of the rulemaking record. Any question regarding 

revisions to the rules will be included with your comments, 

17 

18 19 

23 1 incorporates and adopts national standards of performances I 

12 

13 

14 

and any such question will be answered as part of the response 

to comments in the rulemaking record. 

The purpose of this public hearing is to 

20 21 I 

on this 8th day of July, 2013, at the West Virginia Department 

of Environmental Protection Headquarters. Comments and 

testimony will be accepted until of this hearing and will be 

satisfy state rulemaking requirements by accepting comments 

on proposed revisions to rule 45CSR16 - Standards of 

24 

25 

22 

for new stationary sources and other regulatory requirements 

promulgated by the EPA pursuant to the federal Clean Air Act. 

Performance for New Stationary Sources. This rule 
hearing for proposed rule 45CSR16 is concluded. 

******************* 

This public hearing will now come to order 

on this 8th day of July, 2013, at the West Virginia Department 

of Environmental Protection Headquarters. Comments and 

testimony will be accepted until the close of this hearing 

and will be made part of the rulemaking record. Any question 

regarding revisions to the rules will be included with your 

comments, and any such question will be answered as part of 

the response to comments in the rulemaking record. 

The purpose of this public hearing is to 

satisfy state rulemaking requirements by accepting comments 

on proposed revisions to rule 45CSR18 - Control of Air 

Pollution From Combustion of Solid Waste. This rule is part 

of West Virginia' s Clean Air Action Section 111 (d) /12 9 plan 

for solid waste combustion sources. Revisions to the rule 

reflect EPA's partial reconsideration of its Commercial and 

Industrial Solid Waste Incinerator rule. The floor is now 

open for comments. 

There being nothing further, this public 

hearing for proposed rule 45CSR18 is concluded. 
testimony will be accepted until the close of this hearing 

and will be made part of the rulemaking record. Any question 

regarding revisions to the rules will be included with your 

comments and any such question will be answered as part of 

the response to comments in the rulemaking record. 

The purpose of this public hearing is to 

satisfy state rulemaking requirements by accepting comments 

on proposed revisions to rule 45CSR19 - Permits for 

Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas. 

This rule establishes a state construction permit program 

consistent with the federal Clean Air Act, and sets forth the 

criteria and procedures for major stationary sources to 

obtain a permit to construct, operate and/or modify a major 

source located in the nonattainment area or impacting a 

nonattainment area. Revisions to the rule remove pollutant 

interprecursor trading rations with respect to emissions 

offset requirements. The DAQ will submit final rule 45CSR19 

as a revision to the State Implementation Plan. The floor 

is now open for comments. 

There being nothing further, this public 
of Environmental Protection Headquarters. Comments and 

testimony will be accepted until the close of this hearing 

and will be made part of the rulernaking record. Any question 

regarding revisions to the rules will be included with your 

coments, and any such question will be answered as part of 

the response to comments in the rulemaking record. 

The purpose of this public hearing is to 

satisfy state rulemaking requirements by accepting comments 

on proposed revisions to rule 45CSR25 - Control of Air 

Pollution from Hazardous Waste Treatment, Storage and 

Disposal Facilities. This rule establishes and adopts 

emission standards for the treatment, storage and disposal 

of hazardous waste promulgated by the EP pursuant to the 

Resource Conservation and Recovery Act. Promulgation of 

this rule will enable the Department of Environmental 

Protection to continue to be the primary enforcement 

authority for the Hazardous Waste Management System in West 

Virginia. Revisions to the rule include annual 

incorporation by reference updates. The floor is now open 

for comments. 

There being nothing further, this public 
of Environmental Protection Headquarters. Comments and 

testimony will be accepted until the close of this hearing 

and will be made part of the rulemaking record. Any questions 

regarding revisions to the rules will be included with your 

comments, and any such question will be answered as part of 

the response to comments in the rulemaking record. 

The purpose of this public hearing is to 

satisfy state rulemaking requirements by accepting comments 

on proposed revisions to rule 45CSR34 - Emission Standards 

for Hazardous Air Pollutants. This rule incorporates and 

adopts national emissions standards for hazardous air 

pollutants and other regulatory requirements promulgated by the EPA pursuant to the federal Clean Air Act. Promulgation 

of this rule is necessary for the State t fulfill its 

responsibilities under the Clean Air Act, and will enable the 

Department of Environmental Protection to continue to be the 

primary enforcement authority for such national emission 

standards promulgated by EPA. Revisions to the rule include 

annual incorporation of federal counterpart regulations. 

The rule incorporates by reference the National Emission 

Standards for Hazardous Air Pollutants promulgated by EPA 
2, 

g 

p

p

5 6 

7 

(WHEREUPON, the hearings 

were concluded at 6:15 p.m.) 
STATE OF WEST VIRGINIA 

COUNTY OF KANAWHA, to wit: 

I, the undersigned, Joseph M. Miller, a 

Certified Court Reporter and Notary Public within and for the 

county and state aforesaid, duly commissioned and qualified, 

do hereby certify that the foregoing is, to the best of my skill 

and ability, a true and accurate transcript of all the 

proceedings had in the aforementioned matter. 

Given under my hand this 15th day of July 2013. 

Notary Pub 

-L 

Reporter 

lic 
RE: Comments on Air Quality draft rules 

Please accept the following comments on behalf of the West Virginia Chapter of Siema 

Club and the West Virginia Environmental Council. 

45-CSR-8. We support incorporating the more stringent PM2.5 standard and related federal 

updates. 

45-CSR- 14. 

1) Section 2.66.a. We support the addition of condensable Particulate Matter to PSD pennit 

emissions limits, as required by US-EPA. We are concerned that the proviso exempting 

sources pemitted before January 1,201 1 will make it more difficult to achieve 

attainment as standards become progressively tighter, thus we recommend that DEP 

consider a mechanism to sunset this exemution within a reasonable timeframe, so 

that a11 relevant sources include condensable PMs in their permit lirnits. 

2) Section 16.10 exempts sources with applications determined to be complete before Dec. 

14,2012 or with a preliminary determination before March 18,2013 from Section 9.1. 

"1 6.10. The requirements ofsubsection 9.1 shall not apply to a stationary source or 

modification with respect to the national ambienf air quality standards for FM2.5 in 

effect on March 18, 2013 zx 

16. I0.a. The Secretary has determined a permit application subject to this section 

to be complete on or before December 14,2012. Instead, the requirements in subsection 

9.1 shall apply with respect to the national ambient air quality standards for PM2.5 in 

eflect at the time the Secretary determined the permit applicatiun to be complete; or 

I6 10. b. The Secretary has Jrst published before March 18, 2013 a pu blic notice of 

a preliminary determination for the permit application subject to this section. Instead, the 

requirements in subsection 9.1 shall apply with respect to the national ambient air 

quality standardsfor PM2.5 in effect at the time offirstpublication ofa public notice on 

the preliminary determination. " 

We recommend that section 16.10 be deleted in its emtbetv. This appears to create a 

new loophole to obstruct efforts to force better pollution controls on new sources. I am unaware of any similar provision to delay implementation and application of new rules 

for other types of pollutants. The Clem Air Ad intends air standards to be technologyforcing to push polluting industries to reduce their emissions as much as possible. The 

best time to do that is before construction of new facilities has started. Since EPA 

required condensable PMs to be regulated &er January 1,201 1, there can be no 

justificion for allowing facilities this extra loophole to avoid compliance. This 
45-CSR-16. Incorporates federal updates. No comments. 45-CSR- 18. 

4) It is not clear why the deadline for compliance provided in section 9.3.a. as been 

extended to Dec. 1,2005. This creates the appearance of retroactively authorizing 

noncompliance with a rule. We recommend that the changes to this section be removed unless tltev can be clearly iustified. The extension am~osed in section 9.3.b. as well as those in Table 18-1C, 182C. 18-6C, etc. should also be removed. 

5) The emissions limits in Tables 18-7C to 18-9C appear to have been increased 

considerably in some cases. That is especially worrisome for constituents such as dioxin, 

mercury, cadmium and lead. If these changes are not required by federal rules, we 

recommend that the increases be omitted. 

45-CSR- 19. 

6) We support the changes in section 17.9 as they will strengthen and simplify the rule. 7) We again recommend that any language allowing PALS be deleted as it needlessly 

complicates enforcement without providing an obvious air quality benefit. 

45-CSR-25. No comments. Incorporates federal updates. 45-CSR-34. No comments. Incorporates federal updates. 

60-CSR-3. Brownfields Rule. We support the needed funding for the program, as well as 

updating the Risk-Based Clean-Up Standards (Table 60-3B) to match federal counterpart 

standards. 

Thank you for the opportunity to comment. 

Sincerely, 

Jatnes Kotcon 

Conservation Chair 

West Virginia Chapter of Sima Club. WVEC Board of Directors 
RESPONSE TO COlMMENTS 

On June 7, 2013, the Division of Air Quality (DAQ) commenced a thirty day public 

comment period and subsequently held a public hearing on July 8,2013 to accept ad comments 

on proposedrevisions to legislative rules 45CSR14. Written comments were also accepted through 

690 PM on,Monday, July 8, 2013. One commenter submitted written comments regarding 

proposed revisions to rule 45CSR14, and no commenter provided substantive verbal comment. I. COMMENTER: James K-on 

COMMENT A. The commenter states, "Section 2.66.~. We support the addition of 

condensable Particulate Matter to PSD permit emissions limits, as required by US-EPA. We me concerned that fhe proviso exempting sources permitted before Janaav 1, 201 1 will make it more 

dzflcult to achieve attuinment as standards become progressively tighter, thus we recommend thut 

DEP consider a mechanism to sunset this aem&on Mhh a reasm& t!imefiame, so that all 

relevant suurces include cunciensable PMs in their permit limits. " 

RESPONSE A. DAQhas accountedfor condensable particulate matter in all PSD pennits and 

applicability determinations since January 201 1 as required by the federal counterpast regulation. 

A sunset mechanism as suggested would be contrary to the federal counterpart. Future revisions 

to any PSD pennit issued before January 1,201 1 will account for condensable particulate matter in 

establishing relevant emission limitations. The revised language is consistent with an approvable 

PSD program into West Virginia's State Implementation Plan. 

COMMENT B. The comrnenter states, "Section 16.10 exempts sources with applications 

determined to be complete before Dee. 14,201 2 or with apreliminaty determination before March 

18, 2013pom Section 9.1. 

"16.1 0. The requirements of subsection 9.1 shall not apply to a stationary source or modification 

with respect to the national ambient air quality standards for PM2.5 in efect on March 18, 201 3 

g 

I 6.10, a. The Secretary has determined a permit application subject to this section to be complete 

on or before December 14, 2012. Instead. the requirements in subsection 9.1 shall apply with respect to the national ambient air quality standards for PM2.5 in @ect at the time the Secretary 

determined the permit application to be complete; or 
ff

f

p

f 

y 

provision to delay implementation and crpplication of new rules for other types ofpotlutants. The 

CleanAirAct intends air standards to be technology-forcing, to push polluting industries to reduce 

their emissions as much as possible. The best time to do that is before co~~structionf new facilities 

has started Since EPA required condensable PMs to be regulated afler January 1,201 1, there can 

be no justification for allowing faciliiies this extra lmphob to avoid compliance. This provision 

sets a terrible precedent and allows afacility to avoid compliance with aJinal rule simply by filing 

an application early. '" 

RESPONSE B. DAQ notes that under the federal PSD program, the new PSD PM,, 

requirements are not retroactive to some earlier permits or permitthg actions. DAQ has not created 

a loophole to obstruct the Clean Air Act. Rather, the new language in subsection 16.10 correctly 

comports with the federal counterpart PSD program under 40 CFR 851.166. The new language 

contains a provision itl the PSD Specific Exemptions at subsection 16.10 which exempts PSD 

permitting requirements associated with the revised PM NAAQS that otherwise apply to permits 

issued on or after March 18,20 13. Permit applications that qualify for under this provision are not 

required to show that emissions increases will not cause or contribute to a violation of the revised 

annual PM,, NAAQS, and rather may continue to be processed in accordance with the previously 

applicable PM NAAQS. This is a normal progression of a states's approvable PSD program, and 

does not necessarily diverge fiom EPA's previous implementation strategies of earlier PSD program 

revisions. The revised language is consistent with an approvable PSDprogrm into West Virginia's 

State Implementation Plan. 

COMMENT C. The commenter states, "Section 25. We contime to object to the use of 

Plant-wide Applicability Limits (l34Ls) an recommend that the nrle be re-writren to delete these 

provisions, e.g., section 2.50-2.55, and section 25 and any other related language.) " 

RESPONSE C. DAQ notes the PSD PAL provisions were not subject to revision in the 

proposed rule, as they comport to the federal counterpart. A PAL is an approach that provides 

owners or operators of major stationary sources, with the ability to manage facility-wide emissions 

without triggering major NSR. The added flexibility of a PAL allows industry to respond rapidly 

to market changes consistent with the goals of the NSR program. EPA requires that states adopt the 

PAL provisions of the counterpart federal PSDNSR Rule, Prevention of Significant Deterioration 

(PSD) and Nonatkthment New Source Review (NSR) [67FR80 1891. That is the primary reason the 

PAL provisions are incorporated into 45CSR14. But the agency is also convinced that PALS benefit 

the public and the environment. DAQ can only establish a PAL by using a public process that 

affbrds citizens the opportunity to comment upon the proposed PAL. This process is designed to 

assure local communities that air emissions £+om major stationary sources will not exceed the 

facility-wide cap set forth in the permit unless the sources first meet the major NSR requirements. 
sources to control existing and new emissions units to maintain a maximum amount of operational 

flexibility under the PAL. Most importantly, for pollutants subjectto a PAL, the rule prohibits serial, 

small, unrelated emissions increases, which otherwise could have occurred under previous 

regulations.