UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGIONW 1650 Arch Street Philadelphia,PenDsylvaDia 19103-2029 

### August 26, 2008



### Mr. John Benedict, Director West Virginia Department ofEnvironmental Protection Division ofAir Quality 601 57th 

### Street, S.E. Charleston, WV 25304**~:** 

### Proposed Air Quality Rules for 2009 

### Legislative Session Dear 

### Mr. Benedict: The United States Environmental Protection Agency (EPA) would like to thank you for the opportunity to comment on your proposed air 

### quality rules forthe 2009 

### legislative session,

. specifically 45 

### CSR 13 and 

### 45 

### CSR 14. Our

### comments and suggestions on your minor source permitting regulations (45 

### CSR 13) 

### and your major source permitting regulations (45 

### CSR 14) 

### are provided in Enclosures A and B 

### to this letter. These comments should be addressed prior to formal submittal ofyour air quality rules (45 

### CSR 13 

### and 45 

### CSR 14) 

### for approval into the West Virginia State Implementation Plan (SIP). EPA stands ready to help West Virginia address any concerns they may have regarding our comments and suggestions, so they can be approved into the West Virginia SIP. Ifyou have any questions, please contactme or Amy Caprio ofmy staffat 215 814-2156. 

### SiI#rely,

## ~

# \...:;~¥f.:. Judiih M. Katz, Direc Air Protection Division

cc: Neil Bigioni, US EPA (w/enclosures) Fred Durham, WVDEP (w/enclosures) Jim Mason, WVDEP (w/enclosures) Enclosures



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### Enclosure A EPA's Comments on WestVirginia's Series 13 Regulations Titled Permits for Construction, Modification, Relocation and Operation ofStationary Sources ofAir Pollutants Notification Requirements, Administrative Updates, Temporary Permits, General Permits, Permission to Commence Construction, and Procedures for Evaluation (45 

### CSR 13) 1. 40 CFR Section 51.161(a) requires the following information to be included as information available for public comment, "the agency's analysis ofthe effect of construction ormodification on ambient air quality, including the agency's proposed approval or disapproval." Rule 45-13-8.7 requires that, "priorto issuance ofany permit subject to public notice under subsections 8.4 or 8.5, prepare an engineering evaluation supporting his or her stated intentto issue such a permit and shall transmit to 

### U.S. EPA and any other interested party which so requests, a nonconfidential copy ofthe engineering evaluation'and a draft copy ofthe permit which is proposed for issuance." Canthe West VirginiaDepartment ofEnvironmental Protection (WVDEP) confirm that the type ofinformation or an equivalent ofthe information required in 40 CFR Section 51.161(a) is coveredby the materials made available through 45-13-8.7 or is otherwise made available for public comment, for each type ofpermit issued pursuant to the requirements ofsubsection 8,4 or 8.5, and explain whether such materials are available to the public for permits issued pursuant to**subsectio~** 8.3. 2. EPA understands the process for permit application and reporting requirements for construction ofand modifications to stationary sources laid outin rules 45-13-S,7(a) and 45-13-5.7(b). However, EPA unclear about the process laid out in 45-13-S.7(c) for action on complete temporary or relocation permit applications. EPA believes that the 30 day completeness review required by 45-13-5.9 pertains to permits issued pursuant 45-13­ S.7(a), (b) and (c). However, we are not certain why these provisions use non-identical languageto address the completeness criteria. We are concerned that use ofdifferent language inthe 45-13.S.7(c)

-- as <;ompared to 45-13.5.7(a) and (b)

-- when referring to the completeness requirement may cause confusion in the regulated community ifWest Virginia does notprovide clarification ofhow the 45-13-5.9 completeness determination works within the time frames specified by 45-13-S.7(c). 3. 

### It is EPA's experience that netting analysis often lack adequate information, contain errors, and reach inappropriate conclusions. Sources that are "netting out" ofthe major source preconstruction permitting provisions have a greater likelihood ofultimately being subject to the major source provisions and its intended control technology requirements than other classes ofminor sources or minor modifications. Ifsuch a source is authorized to begin construction ontheirnew source ormodification and it is later determined that the application in fact represents a new major source or major modification, it is likely that the applicant may be required by their construction permitto redesign the source to include pollution control equipment. EPA continues to ,believe that these types ofsources do not make good candidates for advance construction. 4. The term· "federally enforceable is used in 45-13-16.2(b) as a term ofart and is undefined in section 45-13-2 ofthe regulations. EPA suggests that WVDEP add the definition of {) Printedon 100'" recyc/ed/recyclablepaper with 100'"post-consumer fiber and process chlorine free. Customer Service Hotline: 1-800-438-2474

### Particulate matter: PMI0, annual arithmetic mean. 17 PMI0,24-hrmaximum

... 30 

### Sulfur dioxide: Annual arithmetic mean..20 24-hr maximum

............. 91 3-hrmaximum

............... 512 

### Nitrogen dioxide: Annual arithmetic mean..25 Class III 

### Particulate matter: PMI0. annual arithmetic mean ..34 

### PM10, 24-hrmaximum

... 60 

### Sulfur dioxide: Annual arithmeticmean..40 24-hr maximum .•........... 182 3-hrmaximum

............... 700 

### Nitrogen dioxide: Annual 

### arithmetic mean..50 For anyperiod other

### than an annual period, the applicable maximum allowable increase may be exceeded during one suchperiod peryear 

### at anyone location. (2) 

### Where the State 

### can demonstrate that ithas alternative measures in its plan otherthan maximum allowable increases that satisfy the requirements in sections 166(c) and 166(d) ofthe Clean Air Act for nitrogen oxides. the reguirements for maximum allowable increases for nitrogen dioxide underparagraph (c)(n ofthis section shall not awlyupon approval ofthe planbythe Administrator.

. 4. 

### Clarifications to add "ReplacementUnit" and PAL Baseline - § 51.165 Permit requirements. Section 51.166 

### is amended: a. 

### Byrevising paragraph (b )(7)(ii). b. By adding paragraph (b)(32). c. Byrevising paragraph (w)(6). The revisions read as follows: 

### § 51.166 Prevention ofsignificant deterioration ofair quality. 

### (b)(7)(ii) 

### An existing emissions unit is any emissions unit that does not meetthe requirements in paragraph 

### (b)(7)(i) ofthis section. 

### A re.placement unit as defined in paragraph (b)(32) ofthis section. is an existing emissions unit (32) [Resetvedl 

### Replacement unitmeans anemissions unit for which all the criteria listed inparagraphs (b)(32)(i) through (iv) ofthis section are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is 

# o Prilltedon 100" recycled/recyclablepaper with 100%post-colISumer fiber and procus chlorine free. CustomerServiceHotline: 1-800-438-2474replaced. CO The emissions unit is a reconstructed unit within the meaning of § 60. 15(b)(l) ofthis chapter, or the emissions unit completely takes the place ofan existing emissions unit. (m The emissions unit is identical to or functionally eguivalent to the replaced emissions unit. (iii) The replacement does not change the basic design parameter(s) (as discussed inparagraph (y)(2) ofthis section) ofthe process unit. (iv) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a pennitthat is enforceable as a practical matter. lfthe replaced emissions unit is brought back into operation. it shall constitute a new emissions unit. (w)(6) 

### Setting the 10-yearactuals PAL level. (i) Except as provided in paragraph (w)(6)(ii) ofthis section, the plan shall provide that the actuals PAL level for a major stationary soutce shall be established as the sum ofthe baseline actual emissions (as defined inparagraph (b)(47) ofthis section) ofllie PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under paragraph (b)(23) ofthis section or under the Act, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24­ month period must be used to determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24-month period may be used for each different PALpollutant. Emissions associated with units that were permanently shut down after this 24-monthperiod must be subtracted from the PAL level. Emissions from units on which actual construction began afterthe 24-month period mustbe added to the PAL level in an amount equal to the potential to emit ofthe units. The reviewing authority shall specify a reduced PAL level(s) (in tonslyr) in the PAL permit to become effective on the future compliance date(s) ofany applicable Federal or State regulatory requirement(s) that the reviewing authority is aware ofprior to issuance ofthe PAL permit. For instance, ifthe source owner or operator will be required to reduce emissions from industrial boilers inhalffrom baseline emissions of60 ppmNOX to a new rule limit of30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by halfofthe original baseline emissions ofsuch unites). (ii) For newly constructed units (which do not include modifications to existing units) on which actual construction began after the 24-month period, in lieu ofadding the baseline actual emissions as specified in paragraph (w)(6)(i) ofthis section, the emissions must be added to the PAL level in an amount equal to the potential to emit ofthe units.



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### Attachment B EPA's Comments on West Virginia's Series 14 Permits for Construction andMajor Modification ofMajor Stationary Sources ofAirPollution for the Prevention ofSignificant Deterioration

. 

### With respect to 45 CSR 14, we seek clarification regarding West Virginia's intention regarding the following NSR reform provisions that were not included in the regulatory package we received on August 11, 2008. Please refer to the following 40 CFR Section 51.166 (prevention ofSignificant Deterioration ofAir Quality) changes [Underline is used to 

### denote new EPA regulatory text and strikeem is used to indicate removed text that was not included in the West Virginiaregulatory package]:
1. 

### New Source Review: Reasonable Possibility in Recordkeeping

- 

### § 51.166 Permit requirements is amended by revising paragraph (r)(6) introductory text and adding paragraph (r)(6)(vi) to read as follows: 

### (a)(6) Each plan shall provide that, 

### except as otherwise provided in paragraph (a)(6)(vi) ofthis section. the following specific provisions applyte with respect to any regulated NSR pollutant emitted from projects at existing emissions units at a major stationary source (other than projects at a Clean UBit erat a source with a PAL) in circumstances where there is a reasonable possibility, within the meaning ofparagraph (a)(6)(vi) ofthis section, that a projectthat is not apart ofa major modification may result in

### a significant

. emissions increase ofsuch pollutant, andthe oWner or operator elects to use the method

specified in paragraphs (a)(I)(xxviii)(B)(I) through (3) ofthis section for calculating projected actual emissions. Deviations from these provisions will be 

### approved only ifthe State specifically demonstrates that the submitted provisions are more stringent than 

### or at least as stringent in all respects as the corresponding provisions in paragraphs (a)(6)(i) through

## M (vi) ofthis section. (vi) A "reasonable possibilitv" under paragraph (r)(6) ofthis section occurs when the owner or operator calculates the project to result in either: (a) A projected actual emissions increase ofatleast 50 percent ofthe amount that is a "significant emissions increase," as defined under paragraph (b)(39) ofthis section (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant; or (b) A projected actual emissions increase that added to the amount ofemissions excluded under paragraph (b)(40)Cii)(c), sums to at least 50 percent ofthe amount that is a "significantemissions increase," as defined under paragrlilPh (b)(39) ofthis section (withoutreference to the amount that 

### is a significantnet emissions increase>. for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only within the meaning ofparagraph (r)(6)(vi)(b) ofthis section, and not also within the meaning ofparagraph (a)(6)(vi)(a) ofthis section. then provisions (a)(6)(ii) through (v) do not apply to the project. 2. TreatmentofCertain EthanolProduction Facilities Under "MajorEmitting Facility" Definition

- § 

### 51.166 Prevention ofsignificant deterioration ofair quality. Section 51.166 is 

### amended by revising paragraphs (b)(l)(i)(a), (b)(l)(iii)(t), 

### and (i)(l)(ii)(t): 

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### CustomerService Hotline: 1-800-438-2474(b)(I)(i)(a) Any ofthe following stationary sources ofair pollutants which emits, or has the potential to emit, 100 tons per year or more ofany regulated NSRpollutant: Fossil fuel-fired steam electric plants ofmore than 250 million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel 

### niill plants, primary aluminum ore reduction plants (with thermal dryers), primary copper smelters, municipal incinerators capable of charging more 

### than 250 tons ofrefuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphaterock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversionplants, sintering plants, secondary metal production plants, chemical process plants (which does notinclude ethanol production facilities thatproduce ethanol by natural fermentation included in NArcs codes 325193 or 312140), fossil-fuel boilers (or combinations thereof) totaling more than 250 million British thermal units per hourheat input, petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber processing plants, and charcoal production plants; (b)( 1 )(iii)(t) Chemical process plants-Theterm chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140; (i)(1 )(ii)(t) Chemical process plants-The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NArCS codes 325193 or 312140; 

### 3. Prevention ofSignificant Deterioration for Nitrogen Oxides Increments - § 51.166 Prevention ofsignificant deterioration ofair quality. Section 51.166 is amended by 

### revising paragraph (c) to read as follows: (c) 

### Ambientair increments andother measures. 

## ill The plan shall contain emission limitations and such other measures as may be necessary to assure that in areas designated as Class I, II, orIII, increases inpollutant concentrations overthe baseline concentration shall be limited to the following: Pollutant and Maximum Allowable increase (micrograms per cubic meter) Class I 

### Particulate matter: 

### PMIO, annual arithmetic mean.. 4 PMI0, 24-hr maximum

... 8 

### Sulfur dioxide: Annual arithmetic mean.. 2 24-hr maximum

............. 5 3-hrmaximum

............... 25 

### Nitrogen dioxide: Annual arithmetic mean..2.5 Class II 

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### "federally enforceable" from 45-14-2.29 to 45-13-2 to clarify the use ofthe term in 45 CSR 13.



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