-dep 

west virginia department of environmental protection ---------------------

Division of Air Quality 

60 I 57'h Street SE 

Charleston, WV 25304 

Phone 304/926-0475 • FAX: 304/926-0479 

Ms. Diana Esher, Director 

Air Protection Division 

USEP A Region III 

1650 Arch Street (3APOO) 

Philadelphia, P A 19103-2029 

Dear Ms. Esher: 

June 5, 2013 

Earl Ray Tomblin, Governor 

Randy C. Huffman, Cabinet Secretary 

www.dep. \vv.gov 

RE: Proposed Air Quality Rules for 2014 Legislative Session 

Enclosed is a notice of public comment period and public hearings, and a copy of seven (7) 

proposed air quality rules: 45CSR8, 45CSR14, 45CSR16, 45CSR18, 45CSR19, 45CSR25 and 

45CSR34 for the West Virginia Department of Environmental Protection, Division of Air Quality 

(DAQ). Once these rules have been authorized and promulgated by the West Virginia Legislature, 

the DAQ is proposing to adopt them in the Spring of2014. 

Please note the DAQ will accept written comments on the proposed rules up to and including 

July 8, 2013. In addition, the agency will receive oral comments at a public hearing to be held on 

July 8, 2013, beginning at 6:00p.m. 

The attached public notice describes which rules the agency is proposing and what action the 

DAQ intends to request of the U.S. Environmental Protection Agency upon the authorization and 

promulgation of the rules in the Spring of 2014. 

Please submit any written comments to my attention at the above address, or feel free to call me 

with any questions regarding this matter at (304) 926-0462. 

JAB/jlm 

Enclosures 

Promoting a healthy environment. 
WEST VIRGINIA 

SECRETARY OF STATE 

cFILED 

4/4/2914 11:45:47 AM 

., ;1- J·~CL ttl· 

V'.tL·~· VIHl.;:~.:~· .. "•L<...:HL..1*1""..,.y ur ·~ r~-,TL 

FOR:\1 6 -- ~OTICE OF F~AL Fll..~G AXD ADOPTIOX OF A LEGISL\ TI\"E RrLE At"THORIZED 

BY THE \\"EST \"IRGL"'l-l LEGISLATrRE 

AGE~CY Air Quali~· 

RULE ITPE Legislatin A:\IE~D:\1EXTTO EXISTIXG RULE Yes TITLE-SERIES 45-08 

RULE XAME Ambi~nt Air Quality Standards 

HOUSE OR SEXA TE BILL ~U~ER 

133 

SECTIO~ 

64-3-l(b) 

PASSED OX 

03108il014 

THIS RULE IS FILED \\lTH THE SECRETARY OF STATE. THIS RULE BECOMES EFFECTIVE 0~ THE 

FOLLOWIXG DATE 

Sunday, June 01, 2014 

BY CHOOSI~G 'YES'. I AITEST THAT TiiE PREVIOUS STATE:YIEXTS ARE TRUE A~D CORRECT. 

Yes 

Kristin A Boggs -- B~- my signature, I certif~- that I am th~ p~rson authorized to file legislatin rul.s, in 

accordance with \\"est \"qinia Code §l9A·3·ll and §39A-3-2. 

1111111111111111111111111111 I 11111111111111111 Ill Ill 1111111111111111111111111111 

Title-Series: 45-08 Rule Id: 9080 Document: 256~4 
§45-8-1. General. 

45CSR8 

TITLE45 

LEGISLATIVE RULE 

DEPARTMENT OF ENVIRONMENfAL PROTECTION 

AIR QUALITY 

SERIES8 

AMBIENT AIR QUALITY STANDARDS 

1.1. Scope. - This rule establishes and adopts ambient air quality standards in West Virginia for sulfur 

oxides, particulate matter, carbon monoxide, ozone, nitrogen dioxide and lead, equivalent to the national 

primacy and secondary ambient air quality standards established under Section 109 of the Oean Air Act, and 

promulgated by the United States Enviromnental Protection Agency under 40 CFRPart SO. National primary 

ambient air quality standards define levels of air quality which the Administrator judges are necessazy, with 

an adequate margin of safety, to protect the public health. National secondary ambient air quality standards 

define levels of air quality which the Administrator judges necessary to protect the public welfare from any 

known or anticipated adverse effec1B of a pollutant This rule also establishes and adopts ambient air 

monitoring reference methods and equivalent methods promulgated by the United States Environmcmtal 

Protection Agency under 40 CFR Part 53. The Secretazy hereby adopts these standards and methods by 

reference. The Secretazy also adopts the appendices to these standards and methods. These standards and 

methods are subject to revision, and additional primary and secondary standards may be promulgated as the 

Administrator deems necessary to protect the public health and welfare. 

1.2. Authority.·- W.Va. Code §22-5-4. 

1.3. Filing Date. - April4, 2014. 

1.4. Effective Date.-· June 1, 2014. 

1.5. Incorporation by Reference. -Federal Counterpart Regulation. The Secretary has detennined that 

a federal counterpart regulation exists, and in accordance with the Secretary's recommendation this rule 

incorporates by reference 40 CFRPart 50, "National Primary and Secondary Ambient Air Quality Standards," 

and 40 CFR Part 53," Ambient Air Monitoring Reference and Equivalent Methods, effective June 1, 2013." 

1.6. Former Rules. -~ This legislative rule amends 45CSR8 - "Ambient Air Quality Standards" which 

was filed on :May 1, 2012 and became effective on June 1, 2012 

§45-8-2. Definitions. 

2.1. "Administrator'' means the Administrator of the United States Environmental Protection Agency 

or his or her authorized representative. 

2.2. "Clean Air Act" or "CAA'' means the federal Clean Air Act, as amended, 42 U. S.C. §7 401 et seq. 

2.3. "Secretary" means the Secretary of the Department of Environmental Protection or such other 

person to whom the Secretary has delegated authority or duties pursuant toW. Va. Code §§22-1-6 or 22-1-8. 

1 
4SCSR8 

2.4. Other words and phrases used in this rule, unless otherwise indicated, shall have the meaning 

ascribed to them in 40 CFR §50.1. Words and phrases not defined therein shall have the meaning given to 

them in the federal Clean Air Act. 

§45-8-3. Adoption of Standards. 

3.1. The Secretaty hereby adopts and incorporates by reference the national primary and secondary 

ambient air quality standards promulgated by the United States Environmental Protection Agency Wlder 40 

CFR. Part 50, effective June 1, 2013. These standards are adopted for the purpose of establishing ambient air 

quality standards in West Virginia that are equivalent to those established under Section 109 of the Clean Air 

Act, as amended. 

3.2. The Secretaty hereby adopts and incmporates by reference the ambient air monitoring reference 

methods and equivalent methods promulgated by the United States Environmental Protection Agency under 

40 CFR. Part 53, effective June 1, 2013. These standards are adopted for the purpose of establishing ambient 

air monitoring reference methods and equivalent methods in West Virginia. 

§45-8-4. Inconsistency Between Rules. 

4.1. In the event of any inconsistency between this role and any other rule of the West Virginia 

Department of Environmental Protection, the inconsistency shall be resolved by the determination of the 

Secretary and the detennination shall be based upon the application of the more stringent provision, term, 

condition, method, or rule. 

2 

WEST VIRGINIA LEGISLATURE

ENROLLED

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2014

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 133

(Senator Snyder, original sponsor)

[Passed March 8, 2014; in effect from passage.]
ENR OLLED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 133

(SENATOR SNYDER, original sponsor)

__________

[Passed March 8, 2014; in effect from passage.]

__________

AN ACT to amend and reenact article 3, chapter 64 of the Code of

West Virginia, 1931, as amended, relating generally to the

promulgation of administrative rules by the Department of

Environmental Protection; legislative mandate or authorization

for the promulgation of certain legislative rules by various

executive or administrative agencies of the state; authorizing

certain of the agencies to promulgate certain legislative rules as

amended by the Legislature; authorizing certain of the agencies

to promulgate certain legislative rules in the form that the rules

were filed in the State Register; authorizing certain of the

agencies to promulgate certain legislative rules with various

modifications presented to and recommended by the Legislative

Rule-Making Review Committee; authorizing certain of the

agencies to promulgate certain legislative rules with various

modifications presented to and recommended by the Legislative

Rule-Making Review Committee and as amended by the

Legislature; authorizing the Department of Environmental

Protection to promulgate a legislative rule relating to horizontal

well development; authorizing the Department of Environmental

Protection to promulgate a legislative rule relating to ambient air
Enr. Com. Sub. for S. B. No. 133] 2

quality standards; authorizing the Department of Environmental

Protection to promulgate a legislative rule relating to permits for

construction and major modification of major stationary sources

for the prevention of significant deterioration of air quality;

authorizing the Department of Environmental Protection to

promulgate a legislative rule relating to standards of performance

for new stationary sources; authorizing the Department of

Environmental Protection to promulgate a legislative rule

relating to the control of air pollution from the combustion of

solid waste; authorizing the Department of Environmental

Protection to promulgate a legislative rule relating to permits for

construction and major modification of major stationary sources

which cause or contribute to nonattainment areas; authorizing the

Department of Environmental Protection to promulgate a

legislative rule relating to the control of air pollution from

hazardous waste treatment, storage and disposal facilities;

authorizing the Department of Environmental Protection to

promulgate a legislative rule relating to emission standards for

hazardous air pollutants; authorizing the Department of

Environmental Protection to promulgate a legislative rule relating

to requirements governing water quality standards; authorizing

the Department of Environmental Protection to promulgate a

legislative rule relating to state certification of activities requiring

federal licenses and permits; and authorizing the Department of

Environmental Protection to promulgate a legislative rule relating

to voluntary remediation and redevelopment.

Be it enacted by the Legislature of West Virginia:

That article 3, chapter 64 of the Code of West Virginia, 1931,

as amended, be amended and reenacted to read as follows:

ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF

ENVIRONMENTAL PROTECTION TO

PROMULGATE LEGISLATIVE RULES.
3 [Enr. Com. Sub. for S. B. No. 133

§64-3-1. Department of Environmental Protection.

1 (a) The legislative rule filed in the State Register on May

2 6, 2013, authorized under the authority of section six, article

3 six-a, chapter twenty-two of this code, approved for

4 promulgation by the Legislature on April 12, 2013, relating

5 to the Department of Environmental Protection (horizontal

6 well development, 35 CSR 8), is authorized with the

7 following amendment:

8 On pages ten and eleven, by striking out all of

9 subdivision 5.7.a. and inserting in lieu thereof a new

10 subdivision 5.7.a. to read as follows:

11 5.7.a. All applications for well work permits shall be

12 accompanied by a well site safety plan to address proper

13 safety measures to be employed for the protection of persons

14 on the well site, as well as the general public in the area

15 surrounding the well site. Each plan shall be specific to the

16 well site described in the permit application and include the

17 surrounding area. The plan shall encompass all aspects of the

18 operation, including the actual well work for which the

19 permit is sought, the anticipated MSDS for the chemical

20 components added to the hydraulic fracturing fluid, and

21 completion, production, and work-over activities. It shall be

22 made available on the well site during all phases of the

23 operation and provide an emergency point of contact and

24 twenty-four (24)-hour contact information for the well

25 operator. At least seven (7) days before commencement of

26 well work or site preparation work that involves any

27 disturbance of the land, the well operator shall provide a copy

28 of the well site safety plan to the local emergency planning

29 committee (LEPC) for the emergency planning district in

30 which the well work will occur or to the county office of

31 emergency services. The operator shall also provide one

32 copy of the Well Site Safety Plan to the surface owner, any
Enr. Com. Sub. for S. B. No. 133] 4

33 water purveyor and any surface owner subject to notice and

34 water testing as provided in section 15 of this rule: Provided,

35 That in the event the Well Site Safety Plan previously

36 provided to a surface owner, water purveyor or surface

37 owner, is later amended, in whole or in part, the operator

38 shall provide a copy of the amendments to the surface owner,

39 water purveyor or surface owner. The operator should work

40 closely with the local first responders to familiarize them with

41 potential incidents that are related to oil and gas

42 development, so that the local first responders have the

43 information they need to provide the support necessary for

44 the operator to implement the well site safety plan. The well

45 site safety plan shall include, at a minimum, the information

46 contained in subdivisions 5.7.b. through 5.7.h.

47 (b) The legislative rule filed in the State Register on July

48 22, 2013, authorized under the authority of section four,

49 article five, chapter twenty-two of this code, relating to the

50 Department of Environmental Protection (ambient air quality

51 standards, 45 CSR 8), is authorized.

52 (c) The legislative rule filed in the State Register on July

53 22, 2013, authorized under the authority of section four,

54 article five, chapter twenty-two of this code, modified by the

55 Department of Environmental Protection to meet the

56 objections of the Legislative Rule-Making Review

57 Committee and refiled in the State Register on September 4,

58 2013, relating to the Department of Environmental Protection

59 (permits for construction and major modification of major

60 stationary sources for the prevention of significant

61 deterioration of air quality, 45 CSR 14), is authorized.

62 (d) The legislative rule filed in the State Register on July

63 22, 2013, authorized under the authority of section four,

64 article five, chapter twenty-two of this code, relating to the

65 Department of Environmental Protection (standards of
5 [Enr. Com. Sub. for S. B. No. 133

66 performance for new stationary sources, 45 CSR 16), is

67 authorized.

68 (e) The legislative rule filed in the State Register on July

69 22, 2013, authorized under the authority of section four,

70 article five, chapter twenty-two of this code, relating to the

71 Department of Environmental Protection (control of air

72 pollution from combustion of solid waste, 45 CSR 18), is

73 authorized.

74 (f) The legislative rule filed in the State Register on July

75 22, 2013, authorized under the authority of section four,

76 article five, chapter twenty-two of this code, relating to the

77 Department of Environmental Protection (permits for

78 construction and major modification of major stationary

79 sources which cause or contribute to nonattainment areas, 45

80 CSR 19), is authorized.

81 (g) The legislative rule filed in the State Register on July

82 22, 2013, authorized under the authority of section four,

83 article five, chapter twenty-two of this code, relating to the

84 Department of Environmental Protection (control of air

85 pollution from hazardous waste treatment, storage or disposal

86 facilities, 45 CSR 25), is authorized.

87 (h) The legislative rule filed in the State Register on July

88 22, 2013, authorized under the authority of section four,

89 article five, chapter twenty-two of this code, relating to the

90 Department of Environmental Protection (emission standards

91 for hazardous air pollutants, 45 CSR 34), is authorized.

92 (i) The legislative rule filed in the State Register on July

93 26, 2013, authorized under the authority of section four,

94 article eleven, chapter twenty-two of this code, modified by

95 the Department of Environmental Protection to meet the

96 objections of the Legislative Rule-Making Review
Enr. Com. Sub. for S. B. No. 133] 6

97 Committee and refiled in the State Register on November 27,

98 2013, relating to the Department of Environmental Protection

99 (requirements governing water quality standards, 47 CSR 2),

100 is authorized with the following amendment:

101 On page thirty-seven, parameter 8.1, by striking out the

102 words “For water with pH <6.5 or >9.0”;

103 And,

104 On page thirty-seven, by striking out all of parameters

105 8.1.1 and 8.1.2.

106 (j) The legislative rule filed in the State Register on July

107 26, 2013, authorized under the authority of section seven,

108 article eleven, chapter twenty-two of this code, modified by

109 the Department of Environmental Protection to meet the

110 objections of the Legislative Rule-Making Review

111 Committee and refiled in the State Register on December 18,

112 2013, relating to the Department of Environmental Protection

113 (state certification of activities requiring federal licenses and

114 permits, 47 CSR 5A), is authorized.

115 (k) The legislative rule filed in the State Register on July

116 26, 2013, authorized under the authority of section three,

117 article twenty-two, chapter twenty-two of this code, modified

118 by the Department of Environmental Protection to meet the

119 objections of the Legislative Rule-Making Review

120 Committee and refiled in the State Register on December 17,

121 2013, relating to the Department of Environmental Protection

122 (voluntary remediation and redevelopment, 60 CSR 3), is

123 authorized, with the following amendment:

124 On page two, subsection 2.22., line twenty-one, following

125 the words “refers to a”, by striking the “A”; and
7 [Enr. Com. Sub. for S. B. No. 133

126 On page three, subsection 2.35., line twenty-six, by striking

127 the words “Section 3 of Article 22”; and

128 On page nine, paragraph 4.3.d.6., line thirty-five, by

129 striking the character “2” at the beginning of the line; and

130 On page nine, paragraph 4.3.d.6., line forty-five, following

131 the words “greater than”, by striking the character “2”; and

132 On page ten, subdivision 5.1.d., line three, following the

133 words “W.Va. Code §22-22”, by inserting a hyphen and the

134 words ‘1, et seq.’; and

135 On page fourteen, subdivision 5.3.k., line four, following

136 the words “and practical knowledge” by striking the

137 semi-colon; and

138 On page fifteen, subdivision 5.5.e., line three, by striking

139 the word “thirty” at the beginning of the line; and

140 On page nineteen, subparagraph 7.4.b.21.A., line twenty, by

141 renumbering the subparagraph as 7.4.b.1.A.; and

142 On page nineteen, subparagraph 7.4.b.31.B., line

143 twenty-four, by renumbering the subparagraph as 7.4.b.1.B.;

144 and

145 On page nineteen, subparagraph 7.4.b. .1.C., line

146 twenty-nine, by renumbering the subparagraph as 7.4.b.1.C.;

147 and

148 On page nineteen, paragraph 7.4.b.52., line thirty-three, by

149 renumbering the paragraph as 7.4.b.2.; and

150 On page nineteen, subparagraph 7.4.b.62.A., line

151 thirty-eight, by renumbering the subparagraph as 7.4.b.2.A.; and
Enr. Com. Sub. for S. B. No. 133] 8

152 On page twenty, subparagraph 7.4.b.72.B, line one, by

153 renumbering the subparagraph as 7.4.b.2.B.; and

154 On page twenty, paragraph 7.4.b.83., line five, by

155 renumbering the it as subparagraph 7.4.b.2.C.; and

156 On page twenty, subparagraph 7.4.b.105, line fifteen, by

157 renumbering the subparagraph as 7.4.b.2.D.; and

158 On page thirty-six, paragraph 10.2.b., at the beginning of

159 line sixteen, by striking the “5", before the words “five days”;

160 and

161 On page thirty-eight, subdivision 11.4., line six,

162 following the words “have been submitted to the”, by striking

163 the word “Division” and inserting in lieu thereof the word

164 “Department”; and

165 On page thirty-eight, paragraph 12.2.a., line thirty-six,

166 following the words “applicant and determine within”, by

167 striking the word “sixty”; and

168 On page thirty-nine, paragraph 12.2.c., line fifteen,

169 following the words “finalreport was properly issued, he”, by

170 inserting the words “or she”.
9 [Enr. Com. Sub. for S. B. No. 133

The Joint Committee on Enrolled Bills hereby certifies that the

foregoing bill is correctly enrolled.

...............................................................

 Chairman Senate Committee

...............................................................

 Chairman House Committee

 

Originated in the Senate.

In effect from passage.

...............................................................

 Clerk of the Senate

...............................................................

 Clerk of the House of Delegates

...............................................................

 President of the Senate

..............................................................

 Speaker of the House of Delegates

__________

The within ........................................................................... this 

the .............. Day of ................................................................., 2014.

.............................................................. 

 Governor
Senator Herb Snyder, Co-Chair 

Delegate Mesha Poore, Co-Chair 

Debra A. Graham, Chief Counsel 

Jared Wyrick, Legislative Analyst 

Mark White, Legislative Analyst 

Trina Hartley, Committee Clerk 

WEST VIRGINIA LEGISLATURE 

August 26, 2013 

RECEIVED 

AUG 2 8 2013 

WV DEPARTMENT OF ENVIRONMENTAl PROTECTION 

EXECUTIVE OFFICE 

Jay Lazell, Associlzte Counsel 

Brian Skinner, Associate Counsel 

Kevin Baker, Associate Counsel 

Robert Willillms, Associate Counsel 

Jeff Johnson, Associate Counsel 

Sarah Stewart, Associate Counsel 

Brandon Hatfield, Associate Counsel 

NOTICE OF ACTION TAKEN BY THE LEGISLATIVE RULE-MAKING REVIEW COMMITIEE 

TO: 

TO: 

FROM: 

Proposed Rule: 

Natalie E. Tennant, Secretary of State, State Register 

Kristin A. Boggs 

DEP - Air Quality 

601 57th Street, SE 

Charleston, WV 25304 

Legislative Rule-Making Committee 

Ambient Air Quality Standards, 45CSR8 

The Legislative Rule-Making Review Committee Recommends that the West Virginia Legislature 

1. Authorize the agency to promulgate the Legislative rule: 

(A) as originally filed 

(B) as modified by the agency 

2. Authorize the agency to promulgate the Legislative rule with certain amendments; amendments 

and a statement of reasons for such recommendation is attached. 

3. Authorize the agency to promulgate the Legislative rule as modified with certain amendments; 

amendments and a statement of reasons for such recommendation is attached. 

4. Recommends that the Legislature rule be withdrawn; a statement of reasons for the 

recommendation is attached. 

Building I, Room MB-49 1900 Kanawha Boulevard, East Chararleston, WV 25305 

X 

Phone: (304) 347~4840 Fax: (304) 347-4901 email: dehra.graham@lwlegislature.gov :jared.wyrick@wvsenate.gov 
WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

cFILED 

7/22/2013 11:28:36 AM 

ADMINISTRATIVE LAW DIVISION t~lo ·:C.~L " ' " 

V'IL ··· Vl f.iC.; ~~ .; .-\ '·L<.;f.fL Tl, ,..,V tJI·· '•f.f", L 

FOR:\13 -- XOTICE OF AGEXCY APPRQYAL OF A PROPOSED Rl."LE AXD FILIXG "lTH THE 

LEGISL\.TIYE Rl"LE-:\lAKIXG RE\-IEW C0:\1.:\IITTEE . 

AGEXCY Air Quality 

RULE TYPE Legislath·e A:VIEXD:viEXT TO EXISTIXG RULE Yes TITLE-SERIES 45-08 

RULE XA~1E Ambient Air Quality Standards 

CITE AUTHORin· :!:!.S·-' 

THE ABOVE PROPOSED LEGISLATI\'E RULE HA \"IXG GOXE TO A PUBLIC H.EARIXG .OR A PUBLIC 

CO:VD.fEXT PERIOD IS HEREBY APPRO\"ED BY TIIE PRO:V!ULGATIXG AGEXCY FOR FILIXG \\lTH 

THE SECRETARY OF STATE AXD THE LEGISLATI\'E RULE-:\1AKI:'\G RE\'IEW C0:\1~1ITTEE FOR 

THEIR RE\ .IE\\". 

legislative Rule-Making 

JUL 2 6 2013 

Review Committee 

BY CHOOSIXG '"fES', I ATTEST THAT 1HE PRE\'IOUS STA TE:\·IEXTS ARE TRUE AXD CORRECT. 

Yes 

Kristio A Boggs - Br my signature, I certify that I am the person authorized to file legislatin rules, in 

accordance with West \"irginia Code §29..\.-3-11 and §39A-3-2. 

11111111111111111!1111111 !II 11111111 ~ 111!1111111 !II 1111111 111111~ 1111111!11 Titl~·Series: 45·08 Rule Id: 9080 Document : 25115 
WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

FORlllO - LEGISLATI\"E Qt"ESTIO:S.:SAIRE (Page 1) 

AGEXtY Air Quality 

cFILED 

7/22/2913 11:28:36 AM 

•• •J ·;C: ~O

\"'JL •· .. v •Hlio!!, ;JO' · ·L{,;.f.il.. t ;,.., y tJ~ • • f ,-, r L 

RULE ITPE Legislatin A:v!EXD:VIE:'\T TO EXISTIX<1 RULE \" es TITLE-SERIES 45-08 

RULE XA~1E Ambient Air Quali~· Standards 

CITE AUTHORITI~ ZZ..S-~ 

.AUTIIORIZIXG STATUTE(S)CITATIOX 

W. \"a. Code 22-54 

DATE FILED IX STATE REGISTER \\"ITH XOTICE OF HEARIXGOR PUBLIC CO:'v!:\1EXTPERIOD 

Thursday~ June 06,2013 

\\liATOTHER :'\OTICE. IXCLUDIXG ADYERTISIXG, DID YOU GI\.E OF THE HEARI G~ 

Public :Xotice placed on Department of EnYironmental Protection's web site, distributed ,.ia the agency's 

mailing list, aod in a Class I legal ad published in the Charleston Xewspapers. 

DATE OF PUBLIC HEARIXG(S) OR PUBLIC C0:\1:\1EXT PERIOD EXDED 

.llondar, Ju~· 08, 2013 

Kristin A Boggs- Br m:r signature, I certify that I am the person authorized to file legislatil·e rules, in 

accordance with West \"irginia Code §29..\-3-11 and §39A-3-2. 

1111111111111111111111111!11 111111111111111111111111 1111111111111111111111111111 

Ti tle-Series: 45-08 Rule I d : 9080 Do cument : 25115 
WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E.- TENNANT 

ADMINISTRATIVE LAW DIVISION 

FOR:.\110 - LEGISLATI\"E Ql"ESTIOX~AIRE .(Page 2) 

AGE~CY AirQuali~· 

cFILED 

7/22/2913 11:28:36 AM 

t r• •· : C L tt ~· 

VI L · · "' \.'Jf.f t;;: ,. : .-\ • · L.<.;J·t L f l d ·JV O J- '• f , ·, T L 

RULE TYPE Legislath·e A:\fE:\D:\·IE:\T TO EXISTI:\G RULE Yes TITLE-SERIES 45-08 

RULE XA:\fE Ambient Air Quali~· Standards 

CITE AUTHORITI~ ZZ-5--' 

ATTACH LIST OF PERSOXS WHO APPEARED AT HEARIXG, C0~1:\fEXTS RECEI\'ED, 

A:\1EXD:\1EXTS, REASOXS FOR A~fEXD:\:IEXTS . 

Anached 

DATE YOU FILED IX STATE REGISTER TIIE AGEXCY APPRO\"ED PROPOSED LEGISLATI\'E RULE 

FOLLO\\lXG PUBLIC HEARIXG: (BE EXACT) 

llonday, Ju~· 22,2013 

XA:\1E, TITI..E, ADDRESS AXD PHOXE FAX E:\:IAIL XU:\:IBERS OF AGEXCY PERSOX(S) TO RECEIVE 

ALL \\"RIITEX CORRESPOXDEXCE REGARDIXG TillS RULE 

Public Information Offiu 

WY Department of EoYironmental Protection 

601 5ith Street, SE 

Charleston, WY 25304 

Phone: (304) 926-0499 

Fax: (304) 926-0447 

E-:\Iail: dep.comments@ w,·.go,· 

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

accordance with \\"est Yirginia Codt- §29A-3-11 and §39A-3-2. 

111111111 111~1~1111111 11 IIIU 11~111111~111111 11111111111111111[ 1111111111 

Title-Series: 45-08 Rul e Id: 9080 Docyment : 25115 
WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

FOR:\110 -- LEGISLATIYE Ql"ESTIO~~AIRE (Page 3) 

AGEXCY Air Qualitr 

cFILED 

7/22/2013 11:28:36 AM 

• a •· !C:L t II· 

\"Jl- • .. "'.'THt; ~. ~\ ~(.;I-lL r l4.J.I"t• ()Jo.o • , T .,-..,r L 

RULE TYPE Legislatin A:\1EXD:\1E~T TO EXISTI~G RULE Yes TITLE-SERIES 45-08 

RULE XA:\·!E Ambient Air Quali~ Standards 

IF DIFFEREXT FR0:\1ABOYE, PLEASE GI\'E XA:\1£, TITLE, ADDRESS, A~D PHO~E ~U:\offiER{S ) OF 

AGE~CY PERSO~(S) \\110 \\"ROTE AXD OR HAS RESPOXSIBILITY FOR TilE CO~TE~TS OF THIS 

RULE 

John A. Benedict, Director 

Di,·ision of Air Quality 

\YY Department of In,·ironmental Prott>crion 

601 57th Street, SI 

Charleston, WY 25304 

Phont>: (304) 926-0499 

Fax: (304) 926-0488 

I-llail: tammy.Lmowrer@ ,n.goY 

IF THE STATUTE UXDER "1IICH YOU PRO:\·IULGATED THE SUB:\-fiiTED RULES REQUIRES 

CERTAIX FI~DI~GS A~D DETER:Vfl~ATIOXS TO BE MADE AS A CO~DITIO~ PRECEDE~T TO THE 

PRO:\.IDLGATIOX. GI\"E THE DATE UPO~ WHICH YOU FILED IX TIIE STATE REGISTERAXOTICE 

OF THE TI:\·IE AXD PLACE OF A HEARIXG FOR 1HE TAKI~G OF EYIDEXCE AXD A GEXERAL 

DESCRIPTIO:\ OF THE ISSUES TO BE DECIDED. 

Thursda~ , Jun~ 06,2013 

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

accordaoct with West \"irginia Code §29.-\-3-11 and §39.-\-3-2. 

1111111111111111111111111111 I 11111111111111111 Ill Ill I llllllllllllllllllllllll Ill 

Titl!·Series: 45-08 Rule Id : 9080 Document: 25115 
WEST VIRGINIA 

SECRETARY OF STATE 

FOR::\110 -- LEGISLATI\"E QT:ESTIOXXAIRE (Page 4) 

AGEXCY Air Quali~· 

cFILED 

7/22/2913 11:28:36 AM 

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RULE ITPE Legislatin A~fEXD~fEXTTO EXISTIXG RULE Yes TITLE-SERIES 45-08 

RULE XA~1E Ambient Air Quality Standards 

CITE AUTHORITY !:!-S-~ 

DATE OF HEARIXG OR C0~1~1EXT PERIOD 

::\Ionda::r, July 08, 2013 

OX WHAT DATE DID YOU FILE IX THE STATE REGISTER THE FIXDIXGS AXD DETER:VIIXATIOXS 

REQUIRED TOGETHER \YITii THE REASOXS THEREFOR'? 

::\Ionda~·: Ju~· 22, 2013 

AITACH FIXDIXGS AXD DETER).fl:\ATIOXS AXD REASOXS 

Attached 

BY CHOOSIXG 'YES', I AITEST THAT THE PREYIOUS STATE:0.1EXTS ARE TRUE AXD CORRECT. 

Yes 

Kristiu A Boggs- B~ my signature, I cutify that I am the penon authorized to file legislatin rules, in 

accordanc~ with West Yirginia Code §29.-\-3-11 and §39.-\-3-2. 

1111111111111111111111111111 IIIIR 111111111111111111 1111111111111111111111111!11 

Titl~·Series: 45-08 Rule Id: 9080 Do cument: 25115 
WEST VIRGINIA 

SECRETARY OF STATE 

FORM 11- FISCAL :SOTE FOR PROPOSED RrLES (Page 1) 

AGE:\CY Air Qualitr 

cFILED 

7/22/2913 11:28:36 AM 

t a J• ;C: L.. ~ 1J· 

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RULE ITPE Legislath·e A).1EXD).1EXT TO EXISTIXG RULE Yes TITLE-SERIES 45-08 

RULE XA.\1E Ambient Air Quali~· Standards 

CITE AUTHORITY ~~-5-~ 

SU.\·1).1..>\RIZE IX A CLEARA:\D COXCISE .\1..>\XXER \\1IAT I:\1PACT THIS .\·lEASURE \\"ILL HAYE OX 

COSTS AXD REYEXUES OF STATE GO\'ERX.\>!E:\T. 

The proposed revisions to this rule should cause no additional impact on costs and rennues of state 

g:on~rnment. 

Kristin A Boggs - Br mr signature, I certify that I am the person authorized to file legislatin rules, in 

accordance with West Yirgini3 Code §29..\-3-11 and §39.-\.-3-2. 

1111111111111111111111111111 111111111111111111111 !II 1111111111111111111111111111 

Title-Series: 45-08 Rule Id : 9080 Document: 25115 
WEST VIRGINIA 

SECRETARY OF STATE 

cFILED 

7/22/2913 11:28:36 AM 

NATALIE E. TENNANT 

,.., J.·a'": E.. "~' ADMINISTRATIVE LAW DIVISION \l'J L ' • • ~·U·H.i: .; ;, • ·L (.;f-I L r ; ,J-1 ,. OJ. •. I ,.·, t L 

FOR:\1 11 --FISCAL :SOTE FOR PROPOSED Rt"LES (Page 2) 

AGE):CY Air Qualirr 

RULE TYPE Legislatin A:\·IEXD:\1EXTTO EXISTI:'\G RULE Yes TITLE-SERIES 45-08 

RULE XA).1E Ambient Air Quality Standards 

CITE AUTHORITY ;:;:.s • .s 

FISCAL XOTE DETAIL-- SHO\\" OYER-ALL EFFECT IX ITE).11 AXD 2 AXD, 1:\" ITE:\13, GI\'E AX 

EXPLAXATIO:'\ OF BREAKDO\\~ BY FISCAL YEAR. 1:\"CLUDI~G LOXG RAXGE EFFECT. 

Effect Of Proposal Current Increase/Decrease ~ext Increast!Decrease 

(use ' - ') (use ' - ') 

Fiscal Year (t'pon 

FuU Implementation) 

ESTI:\L-\.TED e 9 

TOTAL COST 

PERSO~AL SERYICES e e 

CL-RRE:\"T EXPE:\SES e e 

REPAIRS.-\.. "\"D e 9 

.U.TERATIO:XS 

OTHER 9 9 

.ESTUL-\TED e e 

TOT.-\L RE\"E~t:"ES 

Kristin A Boggs -- Br mr signature, I cntif)- that I am the person authorized to file legislatin rules, in 

accordance with West Yirginia Code §29A-3-lland §39A-3-2. 

1111 ~ 1111111111111111111111 111111111111111111111 Ill 1111111111111111111111111111 

Rule Id : 9080 Doc:ument : 25115 

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e 
WEST VIRGINIA 

SECRETARY OF STATE· 

FOR:\I 11 -FISCAL ~OTE FOR PROPOSED RrLES (Page 3) 

AGE);CY Air Quality 

cFILED 

7/22/2013 11:28:36 AM 

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RULE TYPE Legi5bti,·e A::>,.:IE~D~fE);T TO EXISTI~G RULE Yes TITLE-SERIES 45-08 

RULE ~A~·!E Ambient Air Quali~· Standards 

CITE AUTHORITI~ ::.s-~ 

3. EXPLA~ATIO~ OF ABOYE Esrr::-,.1..4-TES (IXCLUDI);G LO~G-R...:\SGE EFFECT). PLEASE I~CLUDE 

AXY I); CREASE OR DECREASE I~ FEES I~ YOUR ESTI:MATED TOTAL REYEXUES. 

The proposed reYisions to this rule will han a minimal effect on the costs to the Dn·ision of Air Quality 

because the~· impose no additional requirements beyond current federal nquirements. Costs ue conred 

under pre,·ious cost estimates. 

Kristin A Boggs- By my signature, I certify that I am the person authorized to file legislatin roles, in 

accordance with West \'irginia Code §29..\-3-11 and §39..\-3-2. 

1111111111111111111111111111 111111111111111111111111 1111111111111111111111111111 

Title-Series: 45- 08 Rule Id : 9080 Document: 25115 
WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

FOR:\111 -FISCAL ~OTE FOR PROPOSED Rt:LES (Page 4) 

AGEXCY Air Quality 

cFILED 

7/22/2013 11:28:36 AM 

1 • • .. . a~ l.. t , • • 

VJ L P• .. \;'11-{ ti•::.:,·, ' ·L<..:f..I L t .,\J-1 \' <J,_ '• f _,·, f L 

RULE TYPE Legislatin A).1EXD).1EXTTO EXISTIXG RULE Yes TITLE-SERIES 45-08 

RULE XA).fE Ambient Air Quali~ Standards 

CITE AUTHORin- ~~..5 .& 

PLEASE IDEXTIFY AXYAREAS OF \"AGUEXESS, TECHXICAL DEFECTS, REASOXS THE PROPOSED 

RULE WOULD XOT HA \"E A FISCAL 1:\:IPACT, AXD OR AXY SPECIAL ISSUES XOT CAPTURED 

ELSE\\ "HERE OX THIS FOR).i. 

BY CHOOSIXG 'YES', I AITEST THAT THE PRE\"IOUS STA TE:\:IEXTS ARE TRUE A:\D CORRECT. 

Kristin _.\ Boggs - B~- my signature, I certify that I am the penon authorized to file legislarin rules, in 

accordance with \Yest \"irginia Code §29A-3-ll and §39A-3-2. 

1111111111111 ~111111 111 Ill 111111111111111111111111 lllllllll ll~ 11111111111111 Ti~le-Scrie s: 45·08 Rule Id: 9080 Document: 25115 
WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

cFILED 

7/22/2913 11:28:36 AM 

, •• J·a":l_ c.,1 .. 

VIL'• ~ Vrf-tt;:~.; ,;, L(.;~L t ;,1-IV (J ~ •, J ~·, t ~ 

FOR~I 12- BRIEF Sl"~HL\RY A:SD STATE~IE:ST OF CIRCt::USTA:SCES (Page 1) 

AGE~CY Air Quality 

RULE TYPE LegisJari,·e A~1ESD~1E~TTO EXISTI~G RULE Yes TI1LE-SERIES 45-08 

RULE ~A~1E Ambient Air Quali~· Standards 

CITE AUTHORITI~ ~~.s-~ 

SU~·t~1ARIZE IX A CLEAR A:\D CO:\CISE ~1AXXER CO~TEXTS OF CHAXGES IX RULE AXD 

STATE~fEXT OF CIRCU:\1STAXCES REQUIRI:\G THE RULE. 

The rule incorporates by reference the ambient air quality standards in West Virginia for 

sulfur ides~ particulate matterJ carbon monoxideJ ozoneJ nitrogen dioxide and leadJ 

equivalent to the national primary and secondary ambient air quality standards (NAAQS ) 

established under §199 of the Clean Air ActJ and promulgated by the United States 

Environmental Protection Agency under 49 CFR Part 59. National primary ambient air 

quality standards define levels of air quality which the Administrator of the U.S. EPA 

judges are necessaryJ with an adequate margin of safety, to protect the public health. 

1-lational secondary ambient air quality standards define levels of air quality •.<Jhich the 

Administrator of the U.S. EPA judges necessary to protect the public ~·Jelfare from any 

kno•.11n or anti cipated adverse effects of a pollutant. 

The rule also incorporates by reference the ambient air monitoring reference methods and 

equivalent methods promulgated by the United States Environmental Protection Agency under 

40 CFR Part 53. These reference methods are used to demonstrate attainment (or nonattainment) of the f·JMQ$. 

The standards and methods under 4e CFR Parts sa and 53 are subject to rev1s1onJ and 

additional primary and secondary standards may be promulgated as the Administrator of the 

U.S. EPA deems necessary to protect the public health and welfare. 

In accordance ~·Jith §199 of the Clean Air Act (CAAL U.S. EPA has promulgated 

BY CHOOSIXG ')'"ES', I AITEST THAT THE PRE\'IOUS STATE~1EXTS ARE TRUE A:\D CORRECT. 

Yes 

Kristiu A Boggs- By my signature, I certify that I am the person authorized to file legislatin rules, in 

accordance with West Yirginia Code §29A-3-ll and §39A-3-2. 

1111111111111111111111111111 1111~111111111111111111 1111111111111111111111111111 

Title-Series : 45·08 Rule Id : 9080 Document : 25115 
WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

cFILED 

7/22/2013 11:28:36 AM 

• a J•a,."":L l ,,. 

\•J'L"• • VU·f(.j, ~. l, · · L<.;f·fl ... t l'l-l\' (H .. ··I., .. .._,~ 

FORU 12- BRIEF SC\HIARY A~D STATE:\IE~T OF CIR.Cr:\ISTA~CES (Page 2) 

AGEXCY AirQuali~· 

RULE ITPE Legislatin A~IEXD).1EXT TO EXISTIXG RULE Yes TITLE-SERIES 45-08 

RULE XA~1E Ambient Air Quality Standards 

CITE AUTHORITI~ :!:!-S-4 

SU~1~iARIZE IX A CLE.~R AXP COXCISE ~1AXXER COXTEXTS OF CHAXGES IX RULE AXD 

STATE~iEXT OF CIRCU~STAXCES REQUIRIXG TilE RULE. 

air quality criteria and r-JAAQS for sulfur oxides, particulate matter, carbon monoxide 1 

ozone, nitrogen dioxide and lead. 45CSR8 will meet the requirements for State 

Implementation Plans under §119 of the CAA through the NAAQS for sulfur oxides, 

particulate matter, carbon monoxide 1 ozone, nitrogen dioxide and lead incorporated by 

reference in this rule. 

Based on its review of the air quality criteria and the national ambient air quality 

standards for particulate matter, EPA has revised the standard for fine particles to 

provide re~uisite protection of public health, and to made corresponding revisions to the 

data handling conventions for particulate matter and to the ambient air monitoring, 

reporting, and network design requirements. 

~vith regard to primary standards for fine particles (Pt·l2.5), the EPA is revising the 

annual P~ \2. 5 standard by lo\·Jering the level from 15 . e to 12.0 micrograms per cubic meter 

(g/m3) so as to provide increased protection against health effects associated Hith long 

and short-term exposures such as premature mortality, increased hospital admissions and 

emergency department visits 1 and development of chronic respiratory disease. The final 

rule retains the 24-hour PN2.5 standard at a level of 35 g/m3. 

45CSR8 incorporates by reference these revised standards. In accordance with §110(a)(2) 

(H) of the CAA, the OAQ \•Jill submit final rule 45CSR8 as a revision to the State 

Implementation Plan. 

BY CHOOSIXG 'YES', I AITEST THAT THE PRE\'IOUS STAT£~1EXTS ARE TRUE A:\D CORRECT. 

Yes 

Kristin A Boggs- By my signature, I certify that I am the person authorized to file legisl:uin~ rules, in 

accordance with " "est Yirginia Code §29...\-3-11 and §39..\-J-2. 

1111111111111 illllllllllllll 111111 111111111111111 !II 1111111111111111111111111111 

Title-Ser ies: 45-08 Rule Id: 9080 Document: 25115 
§45-8-1. General. 

45CSR8 

TITLE4S 

LEGISLATIVE RULE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

AIR QUALITY 

SERIES8 

AMBIENT AIR QUALITY STANDARDS 

1.1. Scope; ..;., This rule establishes and adopts ambient air quality standards in West Virginia for sulfur 

oxides, particulate matter, carbon monoxide, ozone, nitrogen dioxide and lead, equivalent to the national 

primary an~ secondary ambient air q_uality standards established under Section 109 of the Clean Air Act, and . 

promulgated by the United States EnVironmental Protection Agency under 40 CFR Part 50. National primary 

ambient air quality standards define levels of air quality which the Administrator judgeS are necessary, with 

an adequate margin of safety, to protect the public health. National secondary ambient air quality standards 

define levels of air quality which the Administrator judges necessary to protect the public welfare from any 

known or anticipated adverse effects of a pollutant. 1his rule also establishes and adopts ambient air 

monitoring reference methods and equivalent methods promulgated by the United States Environmental 

Protection Agency under 40 CFR Part 53. The Secretary hereby adopts these standards and methods by 

reference. The Secretary also adopts the appendices to these standards and methods. These standards and 

methods are subject to revision, and additional primary and secondary standards may be promulgated as the 

Administrator deems necessary to protect the public health and welfare. 

1.2. Authority. --W.Va. Code §22-5-4. 

1.3. Filing Date. --May 1, 2912. 

1.4. Effective Date. -- :hme 1, 2e12. 

1. 5. Incorporation by Reference. -Federal Counterpart Regulation. The Secretary has detennined that 

a federal counte~part regulation exists, and in accordance with the Secretacy's recommendation this rule 

incorporates by reference 40 CFR. Part 50, "National Primary and Secondary Ambient Air Quality Standards," 

and 40 CFR Part 53, "Ambient Air Monitoring Reference and Equivalent Methods, effective Jane 1, ~611 

June 1, 2013." 

1.6. Fonner Rules.-- This legislative rule amends 45CSR8- "Ambient Air Quality Standards" which 

was filed on Jm.te 16, 2911 May 1. 2012 and became effective on Jnnc 16, 2611 J\Ule 1. 2012. 

§45-8-2. Definitions. 

2.1. "Administrator'' means the Administrator of the United States Environmental Protection Agency 

or his or her authorized representative. 

2.2. "Clean Air Act" or "CAA'' means the federal Clean Air Act, as amended, 42 U.S.C. §7401 et seq. 

2.3. "Secretary" means the Secretary of the Department of Environmental Protection or such other 

1 
4SCSR8 

person to whom the Secretary has delegated authority or duties pursuant to W.Va. Code §§22-1-6 or22-1-8. 

2.4. Other words and phrases used in this rule, Wlless otherwise indicated, shall have the meaning 

ascribed to them in 40 CFR §50.1. Words and phrases not defined therein shall have the meaning given to 

them in the federal Clean Air Act. 

§45-8-3. Adoption of Standards. 

3.1. The Secretary hereby adopts and incorporates by reference the national primary and secondary 

ambient air quality standards promulgated by the United States Enviromnental Protection Agency under 40 

CFR. Part 50, effective June 1, l81 1 June 1. 2013. These standards are adopted for the purpose of establishing 

ambient air quality standards in West Virginia that are equivalent to those established under Section 109 of 

the Clean Air Act, as amended. 

3.2. The Secretary hereby adopts and incorporates by reference the ambient air monitoring reference 

methods and equivalent methods promulgated by the United States Environmental Protection Agency Wlder 

40 CFR Part 53, effective Jane 1, 2611 June 1. 2.013. These standards are adopted for the purpose of 

establishing ambient air monitoring reference methods and equivalent methods in West Virginia. 

§45-84. Inconsistency Between Rules. 

4.1. In the event of any inconsistency between this role and any other rule of the West Virginia 

Department of Environmental Protection, the inconsistency shall be resolved by the determination of the 

Secretary and the determination shall be based upon the application of the more stringent provision, term, 

condition, method, or rule. 

2 
WEST VIRGINIA DEPARTMENT OF ENVIRONMENAL PROTECTION

DIVISION OF AIR QUALITY

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.

MOUNTAIN REPORTING SERVICES, INC.

7720 Sissonville Drive

Charleston, West Virginia 25320

(304) 988-1588
2

1 MR. MASON: This public hearing will now 

2 come to order on this 8th day of July, 2013, at the West 

3 Virginia Department of Environmental Protection 

4 Headquarters. Comments and testimony will be accepted until 

5 the close of this hearing and will be made part of the 

6 rulemaking record. Any substantive question regarding 

7 revisions to the rules will be included with your comments, 

8 and any such question will be answered as part of the response 

9 to comments in the rulemaking record.

10 The purpose of this public hearing is to 

11 satisfy state rulemaking requirements by accepting comments 

12 on proposed revisions to rule 45CSR8 – Ambient Air Quality 

13 Standards. This rule incorporates by reference the national 

14 primary and secondary National Ambient Air Quality Standards 

15 established by the EPA. The proposed rule contains U.S. 

16 EPS’s revised primary PM 2.5 NAAQS to provide requisite 

17 protection of public health with an adequate margin of safety. 

18 Upon authorization and promulgation of 45SCR8, the Division 

19 will submit the rule to the EPA as a revision to the State 

20 Implementation Plan pursuant to the federal Clean Air Act. 

21 The floor is now open for comments. Please state your name 

22 and any affiliation.

23 There being nothing further, this public 

24 hearing for proposed rule 45CSR8 is concluded.

25 ********************
3

1 This public hearing will now come to order 

2 on this 8th day of July, 2013, at the West Virginia Department 

3 of Environmental Protection Headquarters. Comments and 

4 testimony will be accepted until of this hearing and will be 

5 made part of the rulemaking record. Any question regarding 

6 revisions to the rules will be included with your comments, 

7 and any such question will be answered as part of the response 

8 to comments in the rulemaking record.

9 The purpose of this public hearing is to 

10 satisfy state rulemaking requirements by accepting comments 

11 on proposed revisions to rule 45CSR14 – Permits for 

12 Construction and Major Modification of Major Stationary 

13 Sources for the Prevention of Significant Deterioration of 

14 Air Quality. This rule establishes a state construction 

15 permit program consistent with the federal Clean Air Act and 

16 implementing regulations titled “Prevention of Significant 

17 Deterioration of Air Quality.” Revisions to the rule 

18 incorporate implementation of 2012 Particulate Matter NAAQS 

19 requirements with respect to the significant deterioration

20 permitting program. Revisions to the definition of 

21 “Regulated NSR Pollutant” generally excludes the condensable 

22 fraction of PM, and includes PM 2.5 and PM 10 condensable 

23 particulate matter for purposes of PSD permitting. Due to 

24 a DC Circuit court decision, significant impact levels and 

25 significant monitoring concentration levels for PM 2.5 have 
4

1 been vacated and remanded to EPA. Therefore, the significant 

2 impact levels and the PM 2.5 significant monitoring 

3 concentration levels have been struck from the rule. Upon 

4 authorization and promulgation of 45CSR14, the Division will 

5 submit the rule to the EPA as a revision to the State 

6 Implementation Plan pursuant to the federal Clean Air Act. 

7 The floor is now open for comments.

8 There being nothing further, this public 

9 hearing for proposed rule 45CSR14 is concluded.

10 *******************

11 This public hearing will now come to order 

12 on this 8th day of July, 2013, at the West Virginia Department 

13 of Environmental Protection Headquarters. Comments and 

14 testimony will be accepted until of this hearing and will be 

15 made part of the rulemaking record. Any question regarding 

16 revisions to the rules will be included with your comments, 

17 and any such question will be answered as part of the response 

18 to comments in the rulemaking record.

19 The purpose of this public hearing is to 

20 satisfy state rulemaking requirements by accepting comments 

21 on proposed revisions to rule 45CSR16 – Standards of 

22 Performance for New Stationary Sources. This rule 

23 incorporates and adopts national standards of performances 

24 for new stationary sources and other regulatory requirements 

25 promulgated by the EPA pursuant to the federal Clean Air Act. 
5

1 The rule incorporates by reference the New Source Performance 

2 Standards promulgated by EPA under 40 CFR Part 60, effective 

3 June 1, 2013. The floor is now open for comments.

4 There being nothing further, this public 

5 hearing for proposed rule 45CSR16 is concluded.

6 *******************

7 This public hearing will now come to order 

8 on this 8th day of July, 2013, at the West Virginia Department 

9 of Environmental Protection Headquarters. Comments and 

10 testimony will be accepted until the close of this hearing 

11 and will be made part of the rulemaking record. Any question 

12 regarding revisions to the rules will be included with your 

13 comments, and any such question will be answered as part of 

14 the response to comments in the rulemaking record. 

15 The purpose of this public hearing is to 

16 satisfy state rulemaking requirements by accepting comments 

17 on proposed revisions to rule 45CSR18 – Control of Air 

18 Pollution From Combustion of Solid Waste. This rule is part 

19 of West Virginia’s Clean Air Action Section 111(d)/129 plan 

20 for solid waste combustion sources. Revisions to the rule 

21 reflect EPA’s partial reconsideration of its Commercial and 

22 Industrial Solid Waste Incinerator rule. The floor is now 

23 open for comments.

24 There being nothing further, this public 

25 hearing for proposed rule 45CSR18 is concluded.
6

1 *********************

2 This public hearing will now come to order 

3 on this 8th day of July, 2013, at the West Virginia Department 

4 of Environmental Protection Headquarters. Comments and 

5 testimony will be accepted until the close of this hearing 

6 and will be made part of the rulemaking record. Any question 

7 regarding revisions to the rules will be included with your 

8 comments and any such question will be answered as part of 

9 the response to comments in the rulemaking record.

10 The purpose of this public hearing is to 

11 satisfy state rulemaking requirements by accepting comments 

12 on proposed revisions to rule 45CSR19 – Permits for 

13 Construction and Major Modification of Major Stationary 

14 Sources Which Cause or Contribute to Nonattainment Areas. 

15 This rule establishes a state construction permit program 

16 consistent with the federal Clean Air Act, and sets forth the 

17 criteria and procedures for major stationary sources to 

18 obtain a permit to construct, operate and/or modify a major 

19 source located in the nonattainment area or impacting a 

20 nonattainment area. Revisions to the rule remove pollutant 

21 interprecursor trading rations with respect to emissions 

22 offset requirements. The DAQ will submit final rule 45CSR19 

23 as a revision to the State Implementation Plan. The floor 

24 is now open for comments.

25 There being nothing further, this public 
7

1 hearing for proposed rule 45CSR19 is concluded.

2 ******************

3 This public hearing will now come to order 

4 on this 8th day of July, 2013, at the West Virginia Department 

5 of Environmental Protection Headquarters. Comments and 

6 testimony will be accepted until the close of this hearing 

7 and will be made part of the rulemaking record. Any question 

8 regarding revisions to the rules will be included with your 

9 comments, and any such question will be answered as part of 

10 the response to comments in the rulemaking record.

11 The purpose of this public hearing is to 

12 satisfy state rulemaking requirements by accepting comments 

13 on proposed revisions to rule 45CSR25 – Control of Air 

14 Pollution from Hazardous Waste Treatment, Storage and 

15 Disposal Facilities. This rule establishes and adopts 

16 emission standards for the treatment, storage and disposal 

17 of hazardous waste promulgated by the EP pursuant to the 

18 Resource Conservation and Recovery Act. Promulgation of 

19 this rule will enable the Department of Environmental 

20 Protection to continue to be the primary enforcement 

21 authority for the Hazardous Waste Management System in West 

22 Virginia. Revisions to the rule include annual 

23 incorporation by reference updates. The floor is now open 

24 for comments.

25 There being nothing further, this public 
8

1 hearing for proposed rule 45CSR25 is concluded.

2 ******************

3 This public hearing will now come to order 

4 on this 8th day of July, 2013, at the West Virginia Department 

5 of Environmental Protection Headquarters. Comments and 

6 testimony will be accepted until the close of this hearing 

7 and will be made part of the rulemaking record. Any questions 

8 regarding revisions to the rules will be included with your 

9 comments, and any such question will be answered as part of 

10 the response to comments in the rulemaking record.

11 The purpose of this public hearing is to 

12 satisfy state rulemaking requirements by accepting comments 

13 on proposed revisions to rule 45CSR34 – Emission Standards 

14 for Hazardous Air Pollutants. This rule incorporates and 

15 adopts national emissions standards for hazardous air 

16 pollutants and other regulatory requirements promulgated by 

17 the EPA pursuant to the federal Clean Air Act. Promulgation 

18 of this rule is necessary for the State t fulfill its 

19 responsibilities under the Clean Air Act, and will enable the 

20 Department of Environmental Protection to continue to be the 

21 primary enforcement authority for such national emission 

22 standards promulgated by EPA. Revisions to the rule include 

23 annual incorporation of federal counterpart regulations. 

24 The rule incorporates by reference the National Emission 

25 Standards for Hazardous Air Pollutants promulgated by EPA 
9

1 under 40 CFR Part 63, effective June 1, 2013. The floor is 

2 now open for comments.

3 There being nothing further, this public 

4 hearing for proposed rule 45CSR34 is concluded.

5 (WHEREUPON, the hearings

6 were concluded at 6:15 p.m.)

7
Page 10 

1 

2 

3 

4 

5 

6 

7 

8 

REPORTER'S CERTIFICATE 

9 STATE OF WEST VIRGINIA 

10 

11 COUNTY OF KANAWHA, to wit: 

12 

13 

14 I, the undersigned, Joseph M. Miller, a 

15 Certified Court Reporter and Notary Public within and for the 

16 county and state aforesaid, duly commissioned and qualified, 

17 do hereby certify that the foregoing is, to the best of my skill 

18 and ability, a true and accurate transcript of all the 

19 proceedings had in the aforementioned matter. 

20 Given under my hand this 15th day of July 2013 . 

21 

22 

23 

24 

25 

26 

27 

28 

29 

Notary Public 

My Commission expires July 28'"; ~ofa . .;,, 0 . -t: .. 

. ..,.. 

' ' ' 

·, 

,, 
45CSR8

AMBIENT AIR QUALITY STANDARDS 

RESPONSE TO COMMENTS

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 oral comments

on proposed revisions to legislative rules 45CSR8. Written comments were also accepted through

6:00 PM on Monday, July 8, 2013. One commenter submitted written comments regarding

proposed revisions to rule 45CSR8, and no commenter provided substantive verbal comment.

I. COMMENTER: James Kotcon

COMMENT A. The commenter states, “45-CSR-8. We support incorporating the more

stringent PM2.5 standard and related federal updates.”

RESPONSE A. DAQ appreciates support of the new PM2.5 National Ambient Air Quality

Standard. 
July 7, 2013 

Department of Environmental Protection 

Attn: Public Information Office 

601 57th Street, SE 

Charleston, WV 25304 

RE: Comments on Air Quality draft rules 

Please accept the following comments on behalf of the West Virginia Chapter of Sierra 

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 permit 

emissions limits, as required by US-EPA. We are concerned that the proviso exempting 

sources permitted before January 1, 2011 will make it more difficult to achieve 

attainment as standards become progressively tighter, thus we recommend that DEP 

consider a mechanism to sunset this exemption within a reasonable timeframe, so 

that all relevant sources include condensable PMs in their permit limits. 

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. 

“16.10. 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 

effect on March 18, 2013 if: 

16.10.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 

effect at the time the Secretary determined the permit application to be complete; or 

16.10.b. The Secretary has first published before March 18, 2013 a public 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 standards for PM2.5 in effect at the time of first publication of a public notice on 

the preliminary determination.” 

We recommend that section 16.10 be deleted in its entirety. 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 Clean Air Act 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 after January 1, 2011, there can be no 

justification for allowing facilities this extra loophole to avoid compliance. This 
provision sets a terrible precedent and allows a facility to avoid compliance with a final 

rule simply by filing an application early. 

3) Section 25. We continue to object to the use of Plant-wide Applicability Limits (PALs) 

an recommend that the rule be re-written to delete these provisions, e.g., section 2.50-

2.55, and section 25 and any other related language.) 

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 they can be clearly justified. The extension proposed in section 

9.3.b. as well as those in Table 18-1C, 18-2C, 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, 

 James Kotcon 

 Conservation Chair 

 West Virginia Chapter of Sierra Club. 

 WVEC Board of Directors 
dep 

west virginia department of environmental protection SIGN-IN SHEET ------ -----------------------------

Public Hearing on proposed 2014 Division of Air Quality Rules 45CSR8, 45CSR14, 45CSR16, 45CSR18, 45CSR19, 45CSR25 and 45CSR34 

July 8, 2013, 6:00p.m. 

The Department of Environmental Protection asks for the information below so that agency staff may provide responses and information about 

decisions to you. The information you voluntarily provide on this sheet becomes part of the public record related to this topic and may be released if 

requested under the Freedom of Information Act. 

Name (please print) Address Organization Phone E-mail Comment 

YIN 

.J/)41 /1e:~s(.l' .P ~ tP //(;; ("" ;.._ _j ZJM k ~f\\ / , 

. t\l 1 'XD1 .... I)F-P I C) F'J4- J . - I 

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PUI»Uc: NCit!ca· ' · ~14 PI'OIIOttd lbii.S 

T~ Wm Virvlnta DIVI- s fon. of A1r Quality . flas 

scheduled a :PUblic.. hear· 

lng ~ a, 2013 lOt rts · :201.<1 . · Sed 1~1Siat1ve 

rulesr . ~hlctJ will . take 

Pl<ice ' Cit tflel 0hfl;t!9n , :ot Ertvlronmental · ' 10· n's · 0Jcjrle$fl!Q . ucir· 

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1_ I~ lffJ' tie h.tle~ are avalllJ.., bl .. fr m:tbe·SGCI'I!tilf'Y of · St01e'• M.ffqfor trom the . DEP .at llttP''fl\ovww iJep·w · · ;VWV'IPIW.f!a9etl~ules asp \' · X· Y Cl'J .·fflOY. 'QISO . obtain 

A . ha~ .' NIPI"'· of .. , ... IQfor. ) . ;i'l(lt1on t~y . co If up: ·file L ·. .'!..~m~r listed. be- .. w. .~. . .. . . 

, ~~~')'rnnp.mft~ • .•.. ffi(~fll!) Office' ot .'flle ., "'above.Giildr~ tornmentt · . mofi:i~ blle-mo!led tQ d& · '-~~c:oml'l'lents@WV vov The ,.,.,.,ring · elates, locations 

and -comment Cteodllnes 

01'8 !JS (OIIOWS Th.e PubliC 

llecrnn; ftlr all o1r aualltv 

· rules Vflfl take place I* 

.111iimnv at 6 p m on .J.Uiv e. 2013 ·In ~ D<>lly ·SOds 

CQi'fterence Room • . The 

COII'!rrient-periOd w111 began ·on June 7, 2013 and end at 

the,concluslon of the PtiO· 

hchebrlnv 

' . ~•vls i~ of Air Quahtv 

.ASCSRB - Amb1ent ~lr Quality Sfandards ' · _ · .. 

..CSCSI'd4 ·- Pemuts tor 

Construd1on and MaiO!" 

Modification of Motor Sta- tionary sour-Ces for the 

PreventiOn. of $1vnlflcont 

Deter.lsu:afiOn of Atr Quail· 

·.ty,"'.; !· "}~·,· ~ . . . . 

-'~siti6 -.Standards of 

Performance · fo.r New 

Stat10norv Sources 

f -45C.SRl8- Corrfl'c>l of Air 

' 'J>otliiflon frum Combut-

:tlon of SOlid Waste 

! 45CSI"'~ !"'< f'l"!' fer ·-

LEfJAL 

APYERJ18EJIEHr 
BILLED 

TO 

r 

L 

CHARLESTON NEWSPAPERS 

P.O. Box 2993 

Charleston, West Virginia 25330 

Billing 348-4898 

Classified 348-4848 

1-800-WV A-NEWS 

WV DIVISION OF AIR QUALITY 

601 57TH STREET SE 

CHARLESTON wv 

I 

25304 USA 

_j 

Please return this portion with your payment . 

Make checks payable to: Charleston Newspapers 

LEGAL .ADVERTISING INVOICE 

I INVOICE NBR 

AMOUNT PAID: 

CH~=~~IS;=~ERS 1 ~ 1 ;::mm 1 

Classified 348-4848 . =~~R . _ 

1-800-WVA-NEWS Legal pricing is based upon 63 words per column inch. 

FEIN SS-0676079 Each successive insertion is discounted by 25% of the first insertion rate. 

The Daily Mail rate is $.13 per word, the Charleston Gazette rate is$. 14 per word, and the Metro Putnam rate is $.13 r word. 

TOTAL INVOICE AMOUNT 

State of West Virginia, 

THE CHARLESTON GAZETTE, 

do solemnly swear that the legal notice of: 

PUBLICNOTICE2014PROPOSED 

88.20 

rrv .. · 

OFFICIALSEAL ', 

Notary Public, State of West irg~n ia ~ 

MARY T PRILLAMAN ~ 

5508 Ohio Street f 

South Charleston, WV 253m· _, 

My comatlssion expires Api'IJ 12. 2u~ ·~ 

wft~~~~~~~~~~~~ 

88.20 

88 . 20 

was duly published in said newspaper(s) at the stated price for the respective newspaper(s) and during the dates listed below: 

I LJ h IT · .. o 07 /13-06 / 07 / 13 Subscribed and sworn to before me this J T day of 1 J une 
Volume XXX 

Issue 23 

June 7, 2013 

Pages 912-963 

A Weekly Publication 

Administrative Law Division 

Judy Cooper, Manager 

Natalie E. Tennant 

Secretary of State 

Administrative Law Division 

Bldg. I, Suite 157K 

1900 Kanawha Blvd. E. 

Charleston, WV 25305-0770 

(304) 558-6000 

W\\W.\VVSOS.COm 

WEST 

VIRGINIA 

REGISTER 

Published by the Office ofthe Secretary of State 

CONTENTS 

l. Chronological Index 

I l. Open Government Meetings Listing 

Ill. Price List 

IV. Rule Monitor 

V. Notices 

a. Legislative Rules 

b. Interpretive Rules 

c. Procedural Rules 

d. Emergency Rules 

e. Legislative Rule-Making Review Committee 

VI. Legislative Interims 

VII. Orders 

Vlll. Ethics Commission Opinions 

IX. Office of Tax Appeal Decisions 

X. Other Documents or Information Filed 

XI. Publication Deadlines and Publication Dates 
AGENCY 

Administration 

Agriculture 

Air Quality 

Bluefield State College Bd. of Gov. 

Bridgemont Comm. & Tech. College 

Broadband Deployment Council 

Capitol Building Commission 

College Prepaid Tuition and Savings Bd. of Trustees 

Comm. & Tech. College Education 

Corrections 

Corridor G Regional Development Auth. 

Dental Examiners 

Early Intervention Interagency Coordinating Council 

Eastern WV Comm. & Tech. College 

Education 

Election Commission 

EMS Advisory Council Meeting 

Environmental Protection, WV Dept. of 

Environmental Quality Board 

Fire Commission 

Funeral Service Examiners, Bd. of 

Glenville State College 

Grievance Decisions 

Health 

Health Care Authority 

Health Sciences & Technology Academy (HSTA), The 

Higher Education Policy Comm. 

Human Services 

Infrastructure & Jobs Development Council 

Insurance Commission 

Justice and Community Services 

Kanawha Co. 

Labor 

Licensed Practical Nurses 

Lottery 

Motor Vehicles 

Municipal Pensions Oversight Bd. 

Nursing, WV Center for 

Personnel, Div. of 

Physical Therapy, Bd. of 

Pierpont Comm. & Tech. College 

Professional Surveyors, WV Bd. of 

Psychologists, Bd. of Exam. 

Public Broadcasting 

Public Defender Corp. for the 9

1

" Judicial Circuit 

Public Works, WV Bd. of 

Racing Commission 

Real Estate Appraiser Licensing & Cert. Bd. 

Real Estate Commission 

Registered Professional Nurses, WV Bd. of Exam. for 

Sanitarians, WV State Board of 

Secretary of State 

Social Work, WV Bd. of 

South Western WV Region 2 Workforce Investment Bd. 

Southern WV Comm. & Tech. College 

TriRiver Transit Authority 

West Virginia State University 

West Virginia University at Parkersburg 

West Virginia University Hospitals 

Wood Co. Development 

WVSU Bd. of Gov. 

WVSU Metro Area Agency on Aging 

PAGElS) 

914 

912-14,923,939,954 

959 

914 

914 

914 

914 

915 

915 

940-1 

915 

915 

915 

915 

916 

912,923,953 

916 

916 

916 

941 

916 

917 

957-8 

912, 923, 942-3 

955, 959-62 

917 

917 

913,923,944 

917 

955-6 

963 

917 

917, 944-6 

917 

918 

947 

913,923,947 

918 

918 

918 

918 

919 

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919 

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919 

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920 

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922 

922 
Pub! ic Notice 

2014 Proposed Rules 

ii,IJ: 

The West Virginia Di\ ision of Air Quality has scheduled a public hearing on July 8, ~013 [(Hits_ 

:!0 I..J propmcd lcgi'ilati\c rules, 1\hich will take place at the Division of Environmental ,~ 

Protection's Charleston headquaners, 601 57' 11 Street S.E .. Charleston, WV :!530~. Oral lind 

written comments\\ ill he limited to the proposed revisions and will be made ::1 p::~rt of the 

rulcmaking record. Copil's oftht!' ruks are availabl.: from the Secretary ofStatt!''s oflicc or from 

the DEP at !.ltw.;i/~,~~c<J~~-'__,g_l!~il_l_i\..'_/f;l~!l!!lk~ .• ,,J'~- You may also obtain hard copies of the 

infornwtion by calling the phone number listed below. 

Written comments may be submitted to the Public lniOrmntion Oflicc at the above adtln:~s. 

Comments may also bee-mailed to do:p.n•mmcnh 11 111 ':'''. The hearing d;.~tes. loct~tions lliH.I 

comment •kadlincs arc as follll\\1~. The public hearing for llll air quality rules wi!l tab: place 

beginning at 6 p.m. on July I( ::!013 in the Dully Sods Conference Room. The comment period 

I\ ill begin on June 7. :!013 and end at the conclu~ion of the public hearing. 

Dh·ision or Air Qu:tlity 

-l-5CSRI!- Ambient Air Quality Standards 

-15CSR [.) Permits for Construction and f\"lajor Modilicution of Majnr Stationary Sources li.1r 

the Prevention ofSignitic:mt Dderioration of Air Quality 

-l5CSR 16- Standard.~ of PerfOrmance for New Stationary Soun:e~ 

--1-SCSR 18 Control of Air Pollution from Combustion of Solid Wa~te 

-tSCSR 19- Permits for Construction anJ Major Moditication ufMajor Stationary Sources 

Which Cau~c or Contribute to Nonattainment Areas 

45CSR:!5- Control of Air Pollution l'rom llanrdous Waste Tn:atrncnt. Storage and Di~posal 

l"acilities 

45l'SR3-I - Fmis~ion Stundartls for llatardous Air Pollutants 

Upon authorization and promu!gonion ofrc\·i.~ions to 45CSRIL 45CSR l-1 <.ultl 45CSRI9. the 

DAQ will submit the rule.~ to the U.S. Environmental Protection Agency as revisions to the Stutc 

Implementation Plan pursuant to the fetleral Clean Air Act. Upon authorization and . . . 

promulgation of revision~ to 45CSR18. the DAQ v.ill suhmittlu: final rule to the ll:S. IJ'A lor 

approval as a part of West Virginia"s Section lll(d)/119 Plan and program dc!cgat1nn of_thc 

federal Nev. Source Performance Standnrds. Rules 45CSR 16, 45CSR25 and 45CSR34 will be 

submitted to EPA to fullill other fedcml obligations under the Clean Air Act. including 

delegations. plans t~nd program approvals. 

For mon' informal toll •1111111_1" of"tlw DAQ l"lll~ts nt!l J(U-926-IJ.J-;"5 

OTHER WEST VIRGINIA HEALTH CARE AUTHORITY 

CERTIFICATE OF NEED .:f/ i; • I I - !, 

100 Dee Drive 

Charleston, West Virginia 25311-1600 

June 3, 2013 

LEGAL NOTICE 

,_,: I v 

James L. Pitrolo, Jr., Chairman, West Virginia Health Care Authority, announces the 

following Certificate of Need activities tor the week ending May 31, 2013. 

LETTER OF INTENT RECEIVED 

May 1, 2013- St. Mary's Medical Center, Huntington, Cabell County, CON File #13-

2-9888-X, for the development of an urgent care center in the same location as an existing 

ambulatory care facility operated by SMMC; capital expenditure: $980,000. 

AMENDED LETTER OF INTENT RECEIVED 

May 24, 2013- Monongalia General Hospital, Morgantown, Monongalia County, 

CON File #13-6-9870-E, for the development of Megavoltage Radiation Therapy (MAT) 

Services on MGH's campus in Morgantown, Monongalia County; capital expenditure: 

$6,819,000. 

The amendment is to change the capital expenditure from $6,219,000 to 

$6,819,000. 

EXPEDITED APPLICATIONS RECEIVED 

May 30, 2013- Vandalia Acq., LLC and Birch Holdings, LLC, Charleston, Kanawha 

County, CON File #13-7-9904·A, for the acquisition of Braxton Health Care Center, a 65-

bed nursing home located in Sutton, Braxton County; capital expenditure: $9,600,000. 

May 31, 2013- Total Renal Care, Inc. and Tugaloo Dialysis, LLC, Denver, 

Colorado, CON File #13-6-9903-R, for the development of a 9 station dialysis facility in 

Bridgeport, Harrison County; capital expenditure: $1,175,000. 

APPLICATIONS DECLARED COMPLETE AND UNDER REVIEW 

An application declared complete is one in which there is sufficient information for 

the Authority to make an informed decision. It does not mean that the approval of the 

application is warranted. 

EXPEDITED APPLICATIONS 
Volume XXX 

Issue 24 

June 14, 2013 

Pages 964-1019 

A Weekly Publication 

Administrative Law Division 

Judy Cooper, Manager 

Natalie E. Tennant 

Secretary of State 

Administrative Law Division 

Bldg. 1, Suite 157K 

1900 Kanawha Blvd. E. 

Charleston, WV 25305-0770 

(304) 558-6000 

www.wvsos.com 

WEST 

VIRGINIA 

REGISTER 

Published by the Office ofthe Secretary of State 

CONTENTS 

I. Chronological Index 

II. Open Government Meetings Listing 

Ill. Price List 

IV. Rule Monitor 

V. Notices 

a. Legislative Rules 

b. Interpretive Rules 

c. Procedural Rules 

d. Emergency Rules 

e. Legislative Rule-Making Review Committee 

VI. Legislative Interims 

VII. Orders 

VIII. Ethics Commission Opinions 

IX. Office ofT ax Appeal Decisions 

X. Other Documents or Information Filed 

XI. Publication Deadlines and Publication Dates 
AGENCY 

Administration 

Air Quality 

Athletic Commission 

Bluefield State College Bd. of Gov. 

Broadband Deployment Council 

Calhoun Co. Solid Waste Auth. 

Charleston Area Alliance 

Chiropractic Examiners 

Commerce 

Consolidated Public Retirement Board 

Corrections 

Dental Examiners 

Early Childhood Planning Task Force 

Eastern WV Comm. & Tech. College 

Economic Development Auth. 

Education 

Employee Suggestion Award Board 

EMS Advisory Council 

EMSOR 

Environmental Protection 

Ethics Commission 

Fairmont State University 

Fire Commission 

Forestry, Div. of 

Hatfield McCoy Regional Recreation Auth. 

Health Care Authority 

Higher Education Policy Comm. 

Infrastructure & Jobs Dev. Council 

Insurance Commission 

Legislative Interim 

Lottery, WV 

Mountwest Comm. & Tech. College 

Municipal Bond Commission, WV 

Natural Resources 

Osteopathic Medicine, WV School of 

Pharmacy, WV Bd. of 

Public Defender Corporations 

Public Service Commission 

Putnam Co. Dev. Auth. 

Putnam Co. Solid Waste Auth. 

Rehabilitation Services 

Solid Waste Management Bd. 

Water Resources, Div. of Water & Waste Mgmt. 

West Virginia School of Osteopathic Medicine 

West Virginia University Hospitals 

WorkForce West Virginia 

WV Prosecuting Attorneys Institute 

PAGElS! 

969 

964-6, 975, 994-7 

969 

969 

997 

969 

969 

966,975,998 

969 

966,975,998 

999 

966-7,975-6,999-1004 

970 

970 

970 

970 

970 

970 

970 

1018-19 

1016-17 

970 

1004 

970 

1005 

971, 1014, 1018 

971 

971 

1014-15 

1013 

971, 1005-6 

971 

971 

1006-10 

971-2 

1011 

972 

973 

973 

973 

968, 975, 1012 

973 

968,975,1012 

973 

974 

974 

974 
CHRONOLOGICAL INDEX, VOLUME XXX ISSUE 24 

NEW PROPOSED RULES FILED FOR PUBLIC COMMENT THIS WEEK 

AGENCY RULE/TYPE AUTHORITY HEARING/COMMENT PERIOD/LOCATION 

Air Quality Ambient Air Quality Standards §22-5-4 Public Hearing: 

(45-B) Legislative July B, 2013, 6:00 pm 

WV Dept. of Environmental Protection 

Dolly Sods Conference Room (Room 1125) 

601 57'" Street East 

Charleston, WV 25304 

Written Comments: 

July B, 2013, 7:00pm 

Public Information Office 

WV De~t. of Environmental Protection 

601 57' Street East 

Charleston, WV 25304 

Air Quality Permits for Construction and Major §22-5-4 Public Hearing: 

(45-14) Modification of Major Stationary Sources for July B, 2013, 6:00pm 

the Prevention of Significant Deterioration of WV Dept. of Environmental Protection 

Air Quality Dolly Sods Conference Room (Room 1125) 

Legislative 601 57'" Street East 

Charleston, WV 25304 

Written Comments: 

July B, 2013, 7:00 pm 

Public Information Office 

WV De~t. of Environmental Protection 

601 571 Street East 

Charleston, WV 25304 

Air Quality Standards of Performance for New §22-5-4 Public Hearing: 

(45-16) Stationary Sources July B, 2013, 6:00pm 

Legislative WV Dept. of Environmental Protection 

Dolly Sods Conference Room (Room 1125) 

601 57'" Street East 

Charleston, WV 25304 

Written Comments: 

July B, 2013, 7:00 pm 

Public Information Office 

WV De~t. of Environmental Protection 

601 571 Street East 

Charleston, WV 25304 
CHRONOLOGICAL INDEX, VOLUME XXX ISSUE 24 

NEW PROPOSED RULES FILED FOR PUBLIC COMMENT THIS WEEK 

AGENCY RULEffYPE AUTHORITY HEARING/COMMENT PERIOD/LOCATION 

Air Quality Control of Air Pollution from Combustion of §22-5-4 Public Hearing: 

(45-18) Solid Waste July 8, 2013, 6:00 pm 

Legislative WV Dept. of Environmental Protection 

Dolly Sods Conference Room (Room 1125) 

601 57'" Street East 

Charleston, WV 25304 

Written Comments: 

July 8, 2013, 7:00 pm 

Public Information Office 

WV De~t. of Environmental Protection 

601 57' Street East 

Charleston, WV 25304 

Air Quality Permits for Construction and Major §22-5-4 Public Hearing: 

(45-19) Modification of Major Stationary Sources July 8, 2013, 6:00 pm 

Which Cause or Contribute to Nonattainment WV Dept. of Environmental Protection 

Areas Dolly Sods Conference Room (Room 1125) 

Legislative 601 57'h Street East 

Charleston, WV 25304 

Written Comments: 

July 8, 2013, 7:00 pm 

Public Information Office 

WV De~t. of Environmental Protection 

601 57' Street East 

Charleston, WV 25304 

Air Quality Control of Air Pollution from Hazardous §§22-5-4 and 22-18-6 Public Hearing: 

(45-25) Waste Treatment, Storage and Disposal July 8, 2013, 6:00pm 

Facilities WV Dept. of Environmental Protection 

Legislative Dolly Sods Conference Room (Room 1125) 

601 57'h Street East 

Charleston, WV 25304 

Written Comments: 

July 8, 2013, 7:00 pm 

Public Information Office 

WV De~t. of Environmental Protection 

601 57' Street East 

Charleston, WV 25304 
CHRONOLOGICAL INDEX, VOLUME XXX ISSUE 24 

NEW PROPOSED RULES FILED FOR PUBLIC COMMENT THIS WEEK 

AGENCY RULEITYPE AUTHORITY HEARING/COMMENT PERIOD/LOCATION 

Air Quality Emission Standards for Hazardous Air §22-5-4 Public Hearing: 

(45-34) Pollutants July 8, 2013, 6:00 pm 

Legislative WV Dept. of Environmental Protection 

Dolly Sods Conference Room (Room 1125) 

601 57'h Street East 

Charleston, WV 25304 

Written Comments: 

July 8, 2013, 7:00pm 

Public Information Office 

WV De~t. of Environmental Protection 

601 57' Street East 

Charleston, WV 25304 

Chiropractic Examiners, Regulation of Chiropractic Practice §30-16-5 Written Comments Only 

WV Bd. of Legislative July 8, 2013, 5:00pm 

(4-6) Barbara L. Johnson, Executive Secretary 

WV Bd. of Chiropractic Examiners 

415 Y2 D Street, Suite No. 6 

PO Box 8532 

South Charleston, WV 25303 

Consolidated Public Public Employees Retirement System §5-10D-1 Written Comments Only 

Retirement Board Legislative July 12, 2013, 4:00 pm 

(162-5) Jeffrey E. Fleck, Executive Director 

4101 MacCorkle Ave., SE 

Charleston, WV 25304 

Dental Examiners Rule for the WV Board of Dental Examiners §30-4-6 Written Comments Only 

(5-1) Legislative July 12, 2013, 12:00 pm 

WV Bd. of Dental Examiners 

PO Box 1447 

Crab Orchard, WV 25827 

Dental Examiners Formation and Approval of Professional §31B-13-1304 Written Comments Only 

(5-2) Limited Liability Companies July 12, 2013, 12:00 pm 

Legislative WV Bd. of Dental Examiners 

PO Box 1447 

Crab Orchard, WV 25827 

Dental Examiners Fees Established by the Board §§30-1-6 and 30-4-6 Written Comments Only 

(5-3) Legislative July 12, 2013, 12:00 pm 

WV Bd. of Dental Examiners 

PO Box 1447 

Crab Orchard, WV 25827 
PRICE LIST 

AGENCY RULE/ORDER AMOUNT 

Air Quality Ambient Air Quality Standards $4.00 

I (45-8) 

Air Quality Permits for Construction and Major Modilication of Major Stationary Sources for the Prevention $12.80 

I (45-14J of Significant Deterioration of Air Quality 

Air Quality Standards of Performance for New Stationary Sources $4.00 

I (45-16) 

Air Quality Control of Air Pollution from Combustion of Solid Waste $16.40 

{45-1 B) 

Air Quality Permits for Construction and Major Modification of Major Stationary Sources Which Cause or $12.60 

(45-19) Contribute to Nonattainment Areas 

Air Quality Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities $7.60 

(45-25) 

Air Quality Emission Standards for Hazardous Air Pollutants $4.40 

{45-34) 

Chiropractic Examiners Regulation of Chiropractic Practice $4.80 

{4-6) 

Consolidated Public Retirement Bd. Public Employees Retirement System $5.20 

{162-5) 

Dental Examiners Rule for the West Virginia Bd. of Dental Examiners $4.80 

{5-1) 

Dental Examiners Formation and Approval of Professional Limited Liability Companies $3.40 

{5-2) 

Dental Examiners Fees Established by the Board $3.80 

(5-3) 

Dental Examiners Formation and Approval of Dental Corporations and Dental Practice Ownership $3.40 

_15-6) 

Dental Examiners Dental Advertising $3.40 

_15-8) 

Dental Examiners Practitioner Requirements for Accessing the WV Controlled Substance Monitoring Program $3.80 

{5-10) Database 

Dental Examiners Continuing Education Requirements $5.00 

{5-11) 

Dental Examiners Administration of Anesthesia by Dentists $4.40 

{5-12) 

Dental Examiners Expanded Duties of Dental Hygienists and Dental Assistants $4.80 

{5-13) 
. 1.\ uo 

. 

WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

cFILED 

6/6/2013 4:32:25 PM 

FOI~~I I-- NOTICE OF A I'LIUUC IIEARI:'-IG on. COI\1\U:NT PERIOD 0:'\1 A I'ROPOSEI> 

IUILE (l';l~l' I) 

A(JrNCY Air Quality 

IH 11.1·: TYI'I; Lc~i~hlli\'C ATvtENm.-tEN"I TO EXISTING Rlll.l" Yes TITLE-SERIES -15-0S 

!{( IJ .r NA\1L Ambient Air Quality Standards 

Cl'rt: AI ITJIORITY :!:2-5-4 

c·c l\1~11:NI S LIMITED 'I 0 

Oral And Written 

IM IV <>F l't:lll.](' I !FARING 

Munday, .luly 08,2013 6:00 1'1\1 

U l(' A 1101\ OF Pl! BI.IC II EAR!:\( i 

West \'ir~inia Department of Em·ironmentall'rotection 

Uoll~· Sods Conference Room (Room 1125) 

611 I 57th St. E. 

Charll'ston, WV 253(14 

DAlE \\'RIT"l"EN COMMENT PLRIOD E:\"DS 

~Iunday, July 08,2013 7:00 PJ\.1 

\\'Rilli·:N C"<)MfvlENTS 1\·tA Y BE t-.IAILFD TO 

Public lnfurmation Office 

\\'l'~t Vir~inia llepartmt•nf of Environmenf:ll Pruh.'ction 

Mil 57th St. E. 

Charlcstun, WV 2530-1 

BY CIIOOSI:-J<i 'YIS. I ATTEST TIIAT Tl II·: PREVIOUS STATEMFN rs ARE TRLIE AND 

CORRF<.T. 

\'t•s 

Kristin A Bu~~s --By my signature, I certify that I am the pt•rsun uulhoriLcd to file lc~islati\'C rules, 

in accordance with Wl"~t Virginia Code §29A-3-ll and §J9A-3-2. 

lllllllllllllllllllllllllllllllllll llllllllllllllllllllllllllllll lllllllllllllllllllllllllllllllllll Title-Series: 45-eS Rule Id: 9ese Document: 24871 

WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

cFILED 

6/6/2013 4:34:52 PM 

FOR:\11 -- :"OTICF: OF A l'l'UUC IIEAH.I:'\CO OR C0:\1:\IE~T I'EHIO!l 0~ A f'){OI'OSED 

IWLE (l'a~c I) 

MiENCY Air Quality 

Rllt.L TYPI: Ll.'gi~l:ati\'c A\1L!\D\1L:--JT TO LXISTINO RULE \\·s lrJ LE-SERIES -'S·I-1 

Rtll.l·: NA\H·: l'rrmits fur Cunslrurtiun and ;\llljur !\1ut!ificalinn of J\.hjor St:1linnary Snurcl"s fnr lht• 

l'rcnntinn of Si~nifil·:ml Dt•tt•rinnllinn nf Air Qual it) 

CITE Al llJIORI rY 22-5-.t 

('Ot-.1~·11-'NTS Ll!\11 IT:D ·1 0 

Or:1l And Wrillt•n 

DAn: OF PtTBl.IC I II:ARI:\Ci 

Monday, ,July liM, 2111:' ldiiJ 1'.\1 

I.<JCATION OF PliBIJC llt·:MU\"(l 

Wl.'~l Vir~inia fll'p:trtmenl of En,·irunml.'nt:•ll'roh•cliun 

!lolly Sods Conference Room (Room 1125) 

C.lll 57th Strl"l"t, SE 

Charlc~tnn, W\' 25Jtl-4 

DATE WRITTEN ('(l,\1Ml:Nl 1'1.-RHlll E.\/IJS 

!\lomlay, July OH, 2013 7:00 l':'lt 

WRITTEN COM!\1E~TS MAY BE l\1:\11.1-:Il ·1 0 

Wt•st \'ir~inia Dl.'partmcnl of En,·irunmt•nfllil'rntcctinn 

l'uhlic lnformlltion Offil'l" 

(,()1 57th Street, SF: 

Charle~hm, WV 25304 

BY CIIOOSING 'YES'. I ATl EST Til AT Till·: PRE\'IOliS s·J ATI-.MJ-.NTS ARF "I RUE Al\D 

C"<)RRITT. 

Yes 

h:ristin A Bo~~s -- Uy my signature, lt·crlify that I am the person lluthoriJ"cd to file lt·~ish1ti\'C rult•s, 

in accord:mcc "ith We~t Vir~inia Cutlc ~29:\-J-11 :md §JIJA-3-2. 

lllllllllllllllllllllllllllllllllll l:llllllllllllllllllllllllllll lllllllllllll:lllllllllllllllllllll Title-Series: 45-14 Rule Id: 9es1 Document: 24873 

nJ'iiO 

"' "' "" 
WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

eFILED 

6/6/2013 4:14:41 PM 

FORM I ·-NOTICE OF A l'liDUC HEARING OR C0\11\1E~T I'F.RIOO 0~ A I'IU)I'OSED 

IUIU:(l'n~cl) 

AGENCY Air Qu;1lity 

!niLE TYPE Legis latin A\IENDMJ·:NT TO L'\ISTINCi Rlll.E Yes TITLE-SERIES -'5-16 

RULE ~AME St:mdards of l'erformancc for Nl'll' Stalionar:r Snun·c~ 

('1'1 E AtJTJ J(lRITY 22-5-.t 

COMME:-.ITS I.IMITEO 'I 0 

Oral And \\'riltl'n 

DATE OF l't IHLIC III~ARI~(; 

Monday, Jul)' OS, 2013 6:00 I'M 

LOCATION OF PUBLIC IIEARINCi 

Dcpartml'nf of En\·ironmt•nt:l[ Protection 

Holly Sods Conference Room (Room 1125) 

Mil 57th Street, Sf: 

C'harlc..,ton, WV 25304 

DATE \\'RITTFN COMMENT PERIOD ENDS 

Monday, .luly OS, 2013 7:00 I'M 

WRITTFN COMMENTS MAY 111-: r-,.1!\JLI]) TO 

l'uhlic lnform:ation Office 

I>epartment of En,·ironmcntal Prott•ction 

601 57th Street, SE 

Charleston, WV 25304 

BY Cl lOOSING 'YES'. I AlTESl Til AT TilE PREVIOliS STAl E~1F;\'TS ARE TRUE AND 

CORRITT. 

\'es 

Kristin A Boggs-- Uy my signature, I certify that I am the person :mthorized to file le~islati\'e rule~, 

in accordance with West Virginia Code §2 1JA-3-11 :md §39A-3·2. 

lllllllllllllllllllllllllllllllllll llllllllllll llllllllllllllllll lllllllllllllllllllllllllllllllllll . cj) Title·Serie~: 45·16 

Y<;\. Rule Id: 9075 Document: 24863 

WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

eFILED 

6/6/2013 4:17:29 PM 

(»-FI"-L C" 

f V"'"'"'" • •C GHL.T >•'-< UF 

FOR\1 I-- I\OTICE OF A Pl1BLIC IIEAHING rm. COM\IENT PERIOD ON A I'HOI'OSED 

Ju:u:o·~·~c I) 

A(;J:l'\CY 

RULE TYPE 

Air Qu:dity 

Lc~islativc AMJ.:NDMFNT TO EXISTING Rli[J; Yes TITLE-SERIES -15-18 

Rla.L NAME Contrul of Air l'ollution from Combustion of Solid \Vastc 

Cl rE AliTIIORITY ~2-5-.f 

(.'OMMI:N-1 SLIM I n-D TO 

Oral And Wrillt•n 

DATF<>F PllBJJ("JIFARJN(I 

!\Iunday, .July OR, 201J (J:I)() I'J\1 

!DCA TIO'J OF ]'l;Bl.IC IIEARI?\:(1 

Ocp:arfment of [m·ironmcnt:al Protection 

Doll)' Sods Conference Room (Room 1125) 

601 57th Street, SE 

Charleston, WV 25304 

DATE WRITTEN COMMENT PERIOD ENOS 

~Iunday, Jul)' 08,2013 7:00 P.'\1 

WRITrEN CO~MENTS \1A Y BE ~·tAILED TO 

l'ublic Information Office 

Department of f..nvironmcnt:JI Protection 

601 57th Street, Sf. 

Ch:lrlt•ston, WV 25304 

BY CIIOOSINO 'YFS'. I AT'IT:Sl Til AT ll IE PREVIOUS STATEMENTS ARE TRIIE AND 

CORRECT. 

Yes 

Kristin A Bog~s -- By my signature, I certif~· th:at I urn the person :mthorin·d to file legi .. lntivc rules, 

in accord:mce with West Virginia Code §29A-3-Il and §39A-3·2. 

lllllllllllllllllllllllllllllllllll llllllllllllllllllllllllllllll lllllllllllllllllllllllllllllllllll . l Title-Series: 45·18 

~1/ •. "''D Rule Id: 9076 Document: 24865 
WEST VIRGINIA 

SECRETARY OF STATE 

eFILED WEST VIRGINIA .,~'£:SF~t~~., 

LEGISLATIVE .. .. '~. SECRETARY OF STATE \"_ :i~&:J NATALIE E. TENNANT 

eFILED 

NATALIE E. TENNANT 

6/6/2813 4:24:24 PM 

FORJ\1 I-- ~OTICE OF A PllBUC IIF.ARING OR C0\11\tF.NT PERIOD ON A I'IWPOSf.l> 

IHILE (I':I~C I) 

A(iLNCY 

1u:u: tYPE 

Rl ~1.1: NAML 

Air Quality 

Lc~islati\'C /\MEND~1ENTHJ EXISr!!'J(] RULE Yes TITLE-SERIES 45-19 

Permits fur Construction ami M:1jor Modification of :\hjnr St:Jiiunat}' Sources Which 

Cause or Cuntrihutc to Non:ut:1inml'nl Areas 

Clll-: A till IORITY !1-5-.t 

('OMi\11-:N rs UMITIJ) TO 

Or:1l And Written 

IM 11: <>F l'liBLI(' I tEARING 

Munday, .July 08,2013 6:00 PJ\.1 

LOCAl ION OF PliBUC JIEARIN<i 

Wt•st \'iq~inia Ucrartmcnt of En\·irnnmcntall'rotcction 

Uoll)' Sods Conference Room (Room 1125) 

601 57th Street, SF. 

Charh·stun, WV 25304 

D/d F WRITTEN COMMENT l'I:RIOD ENDS 

:\lond:l)', July 08,2013 7:011 PM 

WRII'I FN COM\.11::-.JTS \.lAY BE MAILED TO 

l'uhlic lnfu.-mation Office 

West \'i.-~inia Ocpartmcnl of En,·ironmcntal Protection 

601 57th Strel'l, SE 

Charleston, WV 25304 

BY CIIOOSING 'YIS. I ATTEST Til AT Tl IF PREVIOUS ST ATEMFNTS ARE TRUE ANL) 

CORRI:(. L 

\'cs 

Kristin A Uuggs ~~ By my si~naturc, I certify that I :1m the person authuri;o.cd to file legislative rules, 

in accordance with West Virginia Code §29A-3~11 and §39A~3-2. 

11111111111111111111111111111111111 111111111111111111111111111111 11111111111111111111111111111111111 

~\}-lJJ"itle·Series.: 4S-19 Rule Id: 9e77 Document: 24867 

6/6/2813 4:27:29 PM 

~\;~~;,~;;:: •• ··1'9 

ADMINISTRATIVE LAW DIVISION 

FOH.,I I -~ :\'OTICE OF A l'l'HU(' IIEAIU:"'G OR CO"i\IF:NT PEH.Hln O:"ll A I'HOI'OSEil 

IHIU:(I':I~{'I) 

MiLNCY Air Qualif)' 

RliLE TYI'I·. Legislati\·c Al\11 :Nl>:"-.ILNT 'I 0 1-.XISTl~G Rl JLE Yes TITLL-SLRIES -15-25 

Rl 'I.E NA~!E Cunt.-ol of Air l'ollutiun frnm ll:w1nlous Wa~te Treatment, Storage and l>ispo~al 

Facilitic~ 

CITE AllTIIORITY 22-~-.-.~ 22-IM-fl 

("()l\·1~1FNTS I HvH lTD T< > 

Oral And Writll'n 

DATI: OF 1'1 .'BLIC I lb\Rl]\.'(i 

'lontla~· •. lui;.' UH, 2013 (dlt) I'M 

LOCATIO!\' OF l'llfU.IC IIFARlN<i 

West Virginia Department of En,·ironmental l'rntcction 

llnlly Sods Conft•rcnc{' Room (Room 1125) 

WI 57th St.-ct·t, SE 

Charle~ton, \\'\' 2:"30-1 

DATE \\'RI'r-1 t:\1 ('OMMENT Pl-:J~IOili·:\Jl)S 

:\lunda;.·, .lui~· OR, 2013 7:1111 1'~1 

WRITTEN COI\11\lENTS ~1/\ Y BE 1\l.-\ll.IJ) -10 

l'uh\ic lnfo.-matinn Office 

West Virginia J)cpartmenl of En,·irunmcntal l'rott•t·tion 

Mil 57th Strcct, SF. 

Charle~ton, WV 25304 

11Y CIIOOSINO 'ITS'. I ATTES r '111/\T TilE I'RFVI(){ IS STATEMENTS ARE TRt:r A:-\0 

CORRl"CT. 

Yes 

h:.-istin A Uo~~~ ~~ 11}· my sign;llure, I certify that I am the persnn ;mthorit.cd In fill- legbl:lli\'C rules, 

in lln·urdanc{' with West \'irgini:l Code §29A-3~11 anti §39A-3-2. 

11111111111111111111111111111111111 111111111111111111111111111111 llllillllllll!lllllllll:lllllllllll ~~~ Title-Senes: 4S-2S Rule Id: 9078 Document: 24868 

"' "' "' 
WEST VIRGINIA 

SECRETARY OF STATE eFILED LEGISLATIVE WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

Do Not Mark In This Bo)( 

NATALIE E. TENNANT 

6/6/2013 4:29:43 PM 

ADMINISTRATIVE LAW DIVISION 

FOIU1 I-- NOTICE OF A PUBLIC IIEARil'iG OH COl\.1\lE\'T I'ERIOD 0:\1 A PROPOSE() 

IUILE (Pa~c I) 

MiFNCY Air Quality 

RULE "IYPE Lc~i-~lali\-c MvlFNDMENT TO EXISTING Rlii.E Y~:s TITLE-SERIES -45-3-4 

Rl :u: NAME F:mis~ion St:~ndards fur llaJ.<Irdous Air l'ollutolnh 

CI'IV /\IITIIORITY 22-5-.a 

C.'OMMLN"JS I.J~HTFDTO 

Oml Ami Written 

DATE OF PUBLIC IIEARING 

!\Iunday, .July OH, 11113 6:00 I'M 

LOCATION or PliBLIC IIrARINCl 

\Ve.~t Vir~inia Department of Em·ironmental l'roteetiun 

Dully Sods Conference Room (Room 1115) 

Ml 57th Street, SF. 

Chnrleston, WV 1530-' 

DATE WRITTEN COMMF;-.;T PERIOD ENDS 

Monday, .July 08,1013 7:011 I'M 

WRITTLN COMMENTS MAY BE \1AILJJ) TO 

l'uhlic Information Office 

West Virginia Depa1·tmentof [nvironmentall'rotcction 

601 57th Stn•ct, SF. 

Charleston, WV 2530-' 

BY CIIOOSING ''r'FS'. I ATTIXJ Tl !AT 'II IE PREVIOUS STATEMENTS ARE TRUE AND 

CORRECT. 

Yes 

Kristin A Bo~gs- By my signature, I certify thnt I am the person authorized to file legislati\'c rules, 

in accordance with West Vir~inia Code §29A-3-I I and §39A-3-2. 

11111111111111111111111111111111111 111111111111111111111111111111 11111111111111111111111111111111111 

\\;t.-\.L!DTitle-Series: 45-34 Rule Id: 9e79 Document: 24869 

ADMINISTRATIVE LAW DIVISION 

Ftlnn r.'6 

NOTICE OF FINAL FILING AND ADOPTION OF A LEGISLATIVE RULE AUTHORIZED 

BY THE WEST VIRGINIA LEGISLATURE 

AGI:~CY· 1\rondhanJ DerlovnKnt Cnum:il TITLE !\:l!MnLR~ 

A\1El\DME!'JT TOA:-.1 LXISTI:-.IG IUJLE: YI'S~ 1\0_ 

IF YES, S!'RirS NUMBER OF RULE BUNCi AMENDI'D· __ c_ __ 

Tr! u: Of' IWI.E fH::fN(i AMl:NDED: nroadhanJ Dcployrm:nt Council Pmgram 

IF NO. Sl:RJES NUMBJ'R OF RULE Bl'JNG I'ROI'OSUJ -----

TITI.I·. OF IH.'LE BI'JNG PIWPOSr'.D ------------------

r!JJC Ali0\'10 RULE liAS BEEN AUTIJORI/.UJ BY TJJJO WEST VJR(jJNIA Ll'GJSLATtJRj:_ 

AU rliOR!ZATJON IS ('IT!'[) IN (house or sL'!l!llc hill 11umhc-r) CS:>JO~::!):>!i!_) ----------

S!-t'TI<lN c'c:''::c·:c> Oc:·~' ---------, !'ASSJ:J) ON A Jril 1 J, ::!01 .1 

nm; RULE IS FILED WITH TJJJ; SFC!HOTAin' OF STAlE Tl!!S RULE BECO~·lES l'ITEC!WE ON THE 

I'OLLOWING DATE: June(,, ::!013 
Public Notice 

2014 Proposed Rules 

The West Virginia Division of Air Quality has scheduled a public hearing on July 8, 2013 for its 

2014 proposed legislative rules, which will take place at the Division of Environmental 

Protection’s Charleston headquarters, 601 57th Street S.E., Charleston, WV 25304. Oral and 

written comments will be limited to the proposed revisions and will be made a part of the 

rulemaking record. Copies of the rules are available from the Secretary of State’s office or from 

the DEP at http://www.dep.wv.gov/pio/Pages/Rules.aspx. You may also obtain hard copies of the 

information by calling the phone number listed below. 

Written comments may be submitted to the Public Information Office at the above address. 

Comments may also be e-mailed to dep.comments@wv.gov. The hearing dates, locations and 

comment deadlines are as follows. The public hearing for all air quality rules will take place 

beginning at 6 p.m. on July 8, 2013 in the Dolly Sods Conference Room. The comment period 

will begin on June 7, 2013 and end at the conclusion of the public hearing. 

Division of Air Quality 

45CSR8 – Ambient Air Quality Standards 

45CSR14 – Permits for Construction and Major Modification of Major Stationary Sources for 

the Prevention of Significant Deterioration of Air Quality 

45CSR16 – Standards of Performance for New Stationary Sources 

45CSR18 – Control of Air Pollution from Combustion of Solid Waste 

45CSR19 – Permits for Construction and Major Modification of Major Stationary Sources 

Which Cause or Contribute to Nonattainment Areas 

45CSR25 – Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal 

Facilities 

45CSR34 – Emission Standards for Hazardous Air Pollutants 

Upon authorization and promulgation of revisions to 45CSR8, 45CSR14 and 45CSR19, the 

DAQ will submit the rules to the U.S. Environmental Protection Agency as revisions to the State 

Implementation Plan pursuant to the federal Clean Air Act. Upon authorization and 

promulgation of revisions to 45CSR18, the DAQ will submit the final rule to the U.S. EPA for 

approval as a part of West Virginia’s Section 111(d)/129 Plan and program delegation of the 

federal New Source Performance Standards. Rules 45CSR16, 45CSR25 and 45CSR34 will be 

submitted to EPA to fulfill other federal obligations under the Clean Air Act, including 

delegations, plans and program approvals. 

For more information on any of the DAQ rules call 304-926-0475.
WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TE.NNANT 

ADMINISTRATIVE LAW DIVISION 

cFILED 

6/6/2813 4:32:25 PM 

-:t •· ;CL ,JJ· 

WL' •' VIHt;.::,;,, · ·LC..:HL. 1•"\,..\' O)o "ol•"d\.. 

FOR:U 1 -- ~OTICE OF .A Pl"BLJC HEARIXG OR COlUIE~T PERIOD OX A PROPOSED Rt"LE 

(Page 1) 

AGE~CY AirQuali~· 

RULE TYPE 

RULEXA:\{E 

Legislati\·e A:\1EXD~1E~1TO EXISTIXG RULE Yes TITLE-SERIES 45-08 

Ambient Air Quali~· Standards 

CITE AUTHORITI"' !!-5~ 

CO~i.\t.tEXTS LI~fiT£0 TO 

Oral ..\ad Written 

DATE OF PUBLIC HEARIXG 

lion day, July 08, 2013 6:00 PlJ 

LOCATIO~ OF PUBLIC HEARI~G 

Wtsr ''irginia Department of In,·iroomeoial Protection 

Dolly Sods Confetente Room (Room 1115) 

601 ~7th St. E. 

Charleston, \lT 25304 

DATE \\1UITEX C0:\1:\-IEXT PERIOD EXDS 

llonday, Ju~· 08, 2013 7:00 Pll 

WRITIEX CO)AMEXTS MAY BE :\1AILED TO 

PubUc Information Office 

\\"est \"irginia Deputment of Eu,·ironnlental Protection 

601 ~ith St. E. 

Charleston, "T 2 5304 

legislative Rute~Making 

JUN 7 2013 

Review Committee 

BY CHOOSIXG 'YES'. I AITEST THAT THE PREVIOUS STA TE~~TS ARE TRUE AXD CORRECT. 

\'es 

Kristin A Boggs --By my signatUre, I c:ertify that I am the person authorized to file legislarin rules, iD 

accordance with \\"Ht \"irginia Code §29A-3-11 and §39..\-3-2. 

1111111111111~1~111111111 IUIIIIIIIIIIIIIIIIIII IIIII II~ 111111 II 1111111111 

Rule Id: 9080 Document: 24871 
WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT. 

ADMINISTRATIVE LAW DIVISION 

cFILED 

6/6/2013 4:32:25 PM 

t H J. ; ("":_ ul· 

\ ·'JL ... ~ VJHt;!~. ./, ·. Lt;kL ,l-lv tU• '•li\?t... 

FOR~I 1-- ~OTICI OF A PrBLIC IIEARLXG OR CO~l:UI~T PERIOD OX A PROPOSED Rt"LE 

(Page 2) 

AGE~CY Air Qualitr 

RULE TYPE Legislatin A).1E~D).iE~T TO EXISTIXG RULE Yes TITLE-SERIES 45-08 

RULE ~A).{E Ambient Air Quali~- Standards 

PRO\.IDE A BRIEF SU).-t).fARY OF YOUR PROPOSAL 

The rule in~orporates b~· nferea.ce the ambient air quality standards in West Yirgioia for sulfur oxides, 

partkulate matter, cubon monoxide, ozone, nitrogen dioxide and ltad, equinlent to the national primat1>· 

and ~ton dan· an1bifnt air quali~· standards (:'"A.-\QS) established aader §109 of the Clean Air Ad, and 

promulgated by the rnited States Indroantental Protection Agency under 40 CFR Part SO. ~ational 

prima~· ambi.,ut air quali~' standaTds defiue Ienis of ail" quality "·hicb the Ad~Qiistrator of the r.S. EPA 

judges are necessar,•, with an adequat~ marain of safety, to prote~t th• public health. ~ ational secoadaa,· 

ambient air quality standards defme Ienis of air quality ,\·hicb the Administrator of the t·.s. EPA judges 

necessary to protect the publli: welfare from any kao\\·n or anticipated ad,·ene effects of a poUutant. 

The rule also incorporates by reference the ambient air n1onitoriog reference methods and equh·alent 

methods promulgated by the t·nited States Endronmental Protectiom ..\geucy under 40 CFR Pat1 53. 

These rtference methods art UHd to demonstrate attainn1ent (or nom-attainment) of the ~A.-\QS. 

The standards and methods under 40 CFR Parts SO and 53 are subject to rel'ision, and additional primary 

and secondar,· standards may be promulgated as the Administrator of the l" .S. EPA deems necessarr to 

protect the publi~ health and welfare. 

BY CHOOSI~G 'YES', I AITESTTHAT1HE PRE\.IOUS STATE~1E~TS ARE TRUE A~D CORRECT. 

Yes 

Krisriu A Boggs -- B,.· m~· signature, I certify that I am the person authorized to file legislatin rules, in 

accordance with West \-irginia Code §29A~3~11 and §39.-\·3-2. 

1111111111111111111111111111 11111111111~ lUll I Ill IIIIIIIUIIIIIIIIIIIIIIIII 

Title·Series: 45-08 Rule Id: 9080 Document: 24871 
WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

FOR:\1 11 - FISCAL XOTE FOR PROPOSED Rl"LES (Page 1) 

AGE~CY Air Quality 

cFILED 

6/6/2013 4:32:25 PM 

~ J• f.· ;'-"':L ', •. 

V'JL•· • \l iW:t !.:/' ··L<.,;H L.. : ,.., ~y <,;.. ·. r _,·,rL 

RULE n·PE Legislam·e A:\1EXD:\fEXTTO EXISTIXG RULE Yes TITLE-SERIES 45-08 

RULE ~A:\1£ Ambient Air Quali~· Standards 

CITE AUTHORIT'{ :~..s..J 

SU:\1:\1ARIZE I~ A CLEARAXD COXCISE :\1AXXER WHAT 1:\1PACT THIS :\1EASURE \\1LL HA\'E OX 

COSTS A~D RE\.EXUES OF STATE GOYERXMEXT. 

The proposed re\·isioos to this rule should cause oo additional impact on costs and revenues of state 

go\·eromeot. 

Kristin A Boggs - B~ my signature, I certif~· that I am the person authorized to file legislath·e rules, iD 

accordance with \Yest \"irgioia Code §29A-3-U and §39A-3-2. 

1111111111111111111111111111 111111111111111111111111 llllllllllllllllllllllllllll 

Rule Id: 9080 Document: 24871 
cFILED 

6/6/2013 4:32:25 PM 

• a - •· a -: L " ' ' V'I L · · .. \II C., ~ .. : ; , '·L(.;._.,L f ., y 0 ... ' ·I •'"\ t L. 

FOR:\111 -FISCAL :SOTE FOR PROPOSED Rl"LES (Page 2) 

AGEXCY Air Quality 

RULE TYPE Legislatin A:\1EXD).1EXT TO EXISTIXG RULE Yes TITLE-SERIES 4S-08 

RULE XA~1E Ambient Air Quali~· Standards 

CITE AUIHORITY ::-5--4 

FISCAL XOTE DETAIL -- SHOW OYER-ALL EFFECT IX ITE~11 AXD 2 AXD. IX ITE~13 , GIYE AX 

EXPLAXATIOX OF BREAKDO""X BY FISCAL YEAR. IXCLUDIXG LOXG-RAXGE EFFECT. 

Effect Of Proposal Current locreasetDecrease ~ext Increase.1Decrease 

(use ' • ') (use ' • ') 

ESTI:\U.TED 8 8 

TOTAL COST 

PERSO~.U. S:ER\"ICES e 8 

C~RRE~TEXPE~SES 8 e 

RE~URS~~D 8 e .U.TERATIO~S 

ASSETS 8 8 

OTHER 8 8 

ESTilL-\TED e e 

TOTAL RE\ "E~~ES 

Fiscal \ear (t"pon 

Full Implementation) 

Krisrio A Boggs -- B~· m~· signature, I cutify that I am the person authorized to file legislatin rules, io 

accordance witb \\"est ,-irginia Code §29A-3-ll and §39A-3-2. 

1111111111111111111111111111 I Ill~ 111111111111111111 llllllll~lllllllllllllll!ll Title-Series: 45-08 Rule Id : 9080 Document: 24871 

e 

e 

e 

e 

e 

e 

e 
WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

FOR:\111 -- FISCAL ~OTE FOR PROPOSED RrLES (Page 3) 

AGE~CY Air Quali~· 

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RULE n-PE Legislatin A:\fE~D:\fE~TTO EXISTIXG RULE Yes TITLE·SERIES 45-08 

RULE ~A~1E Ambient Air Quality Standards 

3. EXPLA~ATIO~ OF ABO\"E ESTI:\iATES (I~CLUDIXG LOXG-RA~GE EFFECT). PLEASE l~CLUDE 

A~Y !~CREASE OR DECREASE I~ FEES I~ YOUR ESTI:MATED TOTAL REVEXUES. 

The proposed re\isions to this rule will ha,·e a minimal tffect on the costs to the Dnision of Air Quality 

because the~· impos• no additional r•quirements beyond current federal r•quirem•nts. Costs are co,·ered 

under pre,ious cost estimates. 

KristiD A Boggs -- B}· my signature, I certify that I am the person authorized to file legisbtin~ rules, in 

accordann with \\"est ,-irginia Code §29."-3-11 and §39--'.-3·2. 

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Title-Series: 45-08 Rule Id: 9080 Document: 24871 
cFILED 

6/6/2913 4:32:25 PM 

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FOR:\1 11 -- FISCAL XOTE FOR PROPOSED Rl"LES (Page 4} 

AGE~CY Air Quali~· 

RULE ITPE Legislatin A:ME~D~fESTTO EXISTIXG RULE \"~s TITLE-SERIES 45-08 

RULE XA~ffi Ambient Air Quali~· Standards 

CITE AU1HORIIT !:!-5-l 

PLEASE IDEXTIFY A~YAREAS OF \AGUEXESS, TECHXIC AL DEFECTS, REASOXS TilE PROPOSED 

RULEWOULDXOTHAYEAFISCALI~WACT AXDORA~YSPECIALISSUESXOTCAPlURED 

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BY CHOOSIXG ''YES', I AITEST TIIA T THE PREYIOUS STA 1E\fEXTS ARE TRUE AXD CORRECT. 

Kristin A Boggs - ~· my signature, I certif~· thac I am the person authorized to file legislarin rules, in 

accordance with \Yest Yqinia Code §29A-3-ll and §39..\-3-2. 

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Title-Series: 45-08 Rule Id: 9080 Document : 24871 
WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

cFILED 

6/6/2013 4:32:25 PM 

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FOR~112- BRIEF sr~UL-\RY A:'\D STATE:\IE:ST OF CIR.Cl":\ISTA:SCES (Page 1) 

AGE~CY Air Quality 

RULE n-PE Legislam·e A:\fE~D:\iE~T TO EXISTI~G RULE Yes TITLE-SERIES 45-08 

RULE XA).1E Ambient Air Quali~· Standards 

CITE AUTHORITY :!2-5..-S 

SU).f:\1ARIZE IX A CLEAR AXD COXCISE ).1AXXER COXTEXTS OF CHAXGES IX RULE AXD 

STATE~1E~T OF CIRCU:MSTA~CES REQUIRIXG THE RULE. 

In accordance \•lith §109 of the Clean Air Act (CAA), U.S. EPA has promulgated air quality 

criteria and t.JAAQS for sulfur oxides" particulate matter, carbon monoxide, ozone, 

nitrogen dioxide and lead. 45CSR8 will meet the requirements for State Implementation 

Plans under §110 of the CAA through the NAAQS for sulfur oxides, particulate matter, 

carbon monoxide, ozone, nitrogen dioxide and lead incorporated by reference in this rule. 

Based on its reviet-t of the air quality criteria and the national ambient air quality 

standards for particulate matter, EPA has revised the standard for fine particles to 

provide requisite protection of public health, and to made corresponding revisions to the 

data handling conventions for particulate matter and to the ambient air monitoring, 

reporting, and net\otork design requirements. 

With regard to primary standards for fine particles (PM2.S), the EPA is rev~s1ng the 

annual Pr.\2.5 standard by lo\•lef"ing the level from 15.0 to 12.0 microgran\s per cubic meter 

(g/m3) so as to provide increased protection against health effects associated \•lith long 

and short-term exposures such as premature mortality, increased hospital admissions and 

emergency department visits" and development of chronic respiratory disease. The final 

rule retains the 24-hour PM2.5 standard at a level of 35 g/m3. 

45CSR8 incorporates by reference these revised standards. In accordance \·lith §110(a)(2) 

(H) of the CAA, the DAQ 

BY CHOOSIXG 'YES', I A TIEST THAT THE PREYIOUS STA TE).fE~TS ARE TRUE A~D CORRECT. 

Yes 

Kristin A Boggs -- B~· my signatur~, I certify that I am the person authorized to file legislatn·e rules, in 

accordance with \Yest Yirginia Code §29A~3-ll and §39.-\-3-2. 

1111111111111111111111111111 I Ill ~ 111111111111111 Ill 1111111111111111111111111111 

Title-Series: 45-08 Rule Id: 9080 Document: 24871 
WEST VIRGINIA 

SECRETARY OF STATE 

cFILED 

6/6/2013 4:32:25 PM 

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FORll 12-- BRIEF Sl"~UL.\RY A~D STATEliE~T OF CIR.Cl"liSTA~CIS (Page 2) 

AGE:"CY AirQuali~· 

RULE TYPE Legislatin A:ME:XD:\1E:\TTO EXISTI:XG RULE Yes TITLE-SERIES 45-08 

RULE XA:\1E Ambient Air Quality Standards 

SU~r:\1ARIZE IX A CLEAR AXD COXCISE :\1AXXER COXTEXTS OF CHAXGES I:X RULE AXD 

STATE:\1EXT OF CIRCU:\IISTA:XCES REQUIRI:XG lHE RULE. 

will submit final rule 45CSR8 as a revision to the State Implementation Plan. 

BY CHOOSIXG 'YES', I A TrEST THAT THE PRE\'IOUS STA TE:\IIEXTS ARE TRUE AXD CORRECT. 

\"es 

KristiD A Boggs - B·y my signature, I certify that I am the penon authorized to file legislatin rules, in 

accordance with \\"est \"qinia Code §29A~3-ll and §39A-3~2. 

1111111111111111111111111 Ill I lin IIIII III II IIIII Ill 1111111n 111111111111111111 

Tit l e-Series: 45 - 0 8 Rule I d: 9080 Document : 24871 
145-8-1. OeatnL 

4SCSR8 

Tl'IU!4S 

LBGISLATIVB RULE 

DEPARTMENT OF BNVIRONMENTAL PROTBCI'lON 

AIR QUALITY 

SERIES8 

AMBIENT AIR QUALITY STANDARDS 

1.1. Scope. -This rule establishes and adopts ambient air quality standards in West Virginia fcx sulfur 

oxides, particulate matter, carbon monoxide, ozone, nitrogen dioxide and lead, equivalent to the national 

vrimarY and secondary ambient air quality standards established under Section 109 of the Clean Air Act, and 

promulgated by the United States Enviromnental Protection Agency under 40 CFR Part 50. Natiorial primary 

ambient air quality standards defme levels of air quality which the Administrator judges are necessary, with an 

adequate margin of safety, to protect the public .health. National secondary ambient air quality standards 

defme levels of air quality which the Administrator judges necessary to protect the public welfare from any 

known or anticipated adverse effects of a pollutant. This rule also establishes and adopts ambient air 

monitoring reference methods and equivalent methods promulgated by the United States Environmental 

Protection Agency under 40 CFR Part 53. The Secretary hereby adopts these standards and methods by 

reference. The Secretary also adopts the appendices to these standards and methods. These standards and 

methods are Subject to revision, and additional primary and secondary standards may be promulgated as the 

Administrator deems neceSsary to protect the public health and welfare. 

1.2. Authority. -- W.Va. Code §22-5-4. 

1.3. Filing Date. --May 1, 2812. 

1.4. Effective Date. - J6fte l, 2812. 

1.5. Incorporation by Reference. -- Federal Counterpart Regulation. The Secretary has determined that a 

federal counterpart regulation exists, and in accordance with the Secretary's recommendation this rule 

incorporates by reference 40 CFR Part 50, "National Primary and Secondary Ambient Air Quality Standards," 

and 40 CFR Part 53, "Ambient Air Monitoring Reference and Equivalent Methods, effective J'tlfte 1, 2Gll June 

1. 2013." 

1.6. Former Rules. - This legislative rule amends 45CSR8 - • Ambient Air Quality Standards" which was 

filed on Jtme 16, 2011 May 1, 2012 and became effective on Jtme 16, 2011 June 1. 2012. 

2.1. "Administrator'' means the Administrator of the United States Environmental Protection Agency or 

1 
45CSR8 

his or her authorized representative. 

2.2. "Clean Air Act" or .. CAN means the federal Clean Air Act, as amended, 42 U.S.C. §7401 et seq. 

2.3. "Secretary" means the Secretary of the Department of Environmental Protection or such other person 

to whom the Secretary has delegated authority or duties pursuant to W.Va. Code §§22-1-6 or 22-1-8. 

2.4. Other words and phrases used in this rule, unless otherwise indicated, shall have the meaning 

ascribed to them in 40 CFR §50.1. Words and phrases not defined therein shall have the meaning given to 

them in the federal Clean Ak Act. 

3.1. The Secretary hereby adopts and incorporates by reference the national primary and secondary 

ambient air quality standards promulgated by the United States Environmental Protection Agency under 40 

CPR Part 50, effective Jtme 1, 2911 June 1. 2013. These standards are adopted for the purpose of establishing 

ambient air quality standards in West Virginia that are equivalent to those established under Section 109 of the 

Clean Air Act, as amended. 

3.2. The Secretary hereby adopts and incorporates by reference the ambient air monitoring reference 

methods and equivalent methods promulgated by the United States Environmental Protection Agency under 40 

CFR Part 53, effective J'tifl.e 1, 2811 June 1. 2013. These standards are adopted for the purpose of establishing 

ambient air monitoring reference methods and equivalent methods in West Virginia. 

4.1. In the event of any inconsistency between this rule and any other rule of the West Virginia 

Department of Environmental Protection, the inconsistency shall be resolved by the determination of the 

Secretary and the determination shall be based upon the application of the more stringent provision, term, 

condition, method, or rule. 

2