FORM 6 

 SOTICE OF FIS.4L FILISG -4SD -4DOPTIOS OF

A LEGISL

ATn

E RrLE ,4CTHORIZED 

BY THE WEST \'IRGISL-I LEGISL,ATrRE 

AGESCY .Air Qualie 

RULE =PE Legislative AMESDMEST TO EXISTTSG RULE Yes TITLE-SERIES 45-14 

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

P reventian of Significant Deterioration of Air Quality 

CITE AUTHORITY 22-5-4 HOUSE OR SESATE BILL SU5fBER SECTIOS 133 64-3-l(c) 

PASSED OX 03iQ8i20 14 

THIS RULE IS FILED IIITH THE SECRETARY OF STATE. THIS RULE BECOMES EFFECTIVE OX THE 

FOLLOIYISG DATE Sunday, June OX, 2014 

BY CHOOSISG 'YES': I AT'I'EST THAT THE PREVIOUS STATEMESTS ARE TRUE ASD CORRECT. 

Yes Kristin -4 Boggs - B?- m?- signature, I certify that I am the person authorized to file legislhe rules, in 

accordaace with West Virginia Code 429A-3-11 and 839-43-2. 

Title-Series: 45-14 Rule Id: 9081 Document: 25632 
SERIES 14 

PERMITS FOR CONSTRUCTION AND MAJOR MODIFICATION OF 

MAJOR STATIONARY SOURCES FOR THE 

PREVENTION OF SIGMFICANT DETERIORATION OF AIR QUALITY 

845-14-1. General. 

1.1. Scope. - 'Ihis rule establishes and adopts a preconstruction permit program in accordance with the 

poIicy of §lOl(b)(l) of the Clean Air Act (CAA), the purposes of 5160 of the CAA, and the preventSon of significant deterioration of air quality requirements of 40 CFR g51.166. Precmstruction pennits issued 

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

1 .l .a. A mechanism to ensure that economic growth will occur in hamtony with the preservation of 

existing clean air resources; to prevent the development of any new non-attainment problems; to protect the 

public health and weLfare fbm any adveme effects which might occur even at air quality levels better than the National Ambient Air Quality Standards; and to preserve, protect, and enhance the air quality in areas of 

specid natural, recreationad, scenic, or historic value. It is the intent of the Secretmy to register and evaluate 

sources of airpollutant^ and to preclude the comtruction or relocation of any major stationary source or major 

modification in any area classified as attaining Natid Ambient Air Quality Standards or udassifiable in 

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

significant deterioration of air quality levels; and 

1.1.b. A method to quantitatively &fine significant deterioration of air quality with respect to the 

desired degree of preservation of air qdity for various areas and to set forth procedures for registration and 

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

a major modification to a stationargr source within a designated attainment or unclassified ma of the State of West Virginia. Such construction, modification, or relocation without such a permit is aviolatim afthis 

rule. 

1.2. Authority. -- W. Va. Code $22-5-4. 1.3. Filing Date. -- April 3,2014. 

1.4. Effective Date. -- June 1, 2014. 

1.5. Federal Regulation. -- Unless otherwise indicated, where reference to a fe&d regulation or 

standard appears in this rule, such regulation or standard will, for the purpose ofthis rule, be construed as that 

version which was in &ect as of June 1,2013. 

1.6. Former Rules. -- This legislative rule amends 45CSR14 - "Permits for Constsuction and Major 

MocWcation of Major Stationary Sources for the Prevention of Significant X)eteZioration of Air Quality" 
2.1. 

Actual emissions

 means the actual rate of emissions of a pollutant hm an emissions unit, as 

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

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

apply for those purposes. 

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

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

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

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

emissions shall be calculated using the unit's actual operating hours, production rates, and types ofmaterials 

processed, stored, or cambusted during the selected he period. . 

2.1 .b. ?he Secretary may presume that some-specific allowable emissions for the unit are equivalent 

to the actual emissions of the unit. 

2.l.c. For any emissions unit which has not begun normal operations on the particular date, actual 

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

2.1.d. For an eledc utility steam generating unit (other than a new unit or the replacement of an 

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

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

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

years hm the date the unit resumes regular operation, information demonstrating that the physical m 

operational change did not result in an emissions increase. A longer period, not to exceed ten (1 0) years, may 

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

source operations following the physical or operational change. 

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

(,y defined in nubsection 2.8) of all emissions units cap, defined in subsection 2.27) at the source, that emit or have the potential to emit the PAL pollutant. 

2.3. "Administratorn means the Administrator of the United States Environmental Protection Agency. 2.4. "Adverse impact on visibility" means visibility impairment which interferes with the management, 

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

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

duration, fi-equency and the of visibitity impairment, andhow these factors correlate with(1) times ofvisitor 

use of the Federal Class I area, and (2) the fhquency and thing of natural mditiom that reduce visibility. 

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

statutory air pollution. 

2.6. "Air pollutionn or "statutory air pollution" means md is limited to the discharge into the air by the 

act of man substances (liquid, solid, gaseous, organic or inorganic) in a locality, manner and amount as to be 
maximum rated capacity of the some (unless the source is subject to federally enfmeable linita or limits 

enforceable by the Secretary which restrict the operating rate, or horn of apetation, or both) and the most 

skingent of the following: 

2.7.a. The applicable standards as set firth in 40 CFR Pads 60 and 61; 2.7.b. The applicable State of West Virginia emissionslimitations or permit conditions, including those 

with a future compliance date; or 

2.7s. The applicable federally ,enfieable emissions limitations or permit conditions, including those 

with a fiture compliance date. 

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

pollutant, as determined in accordance with subdivisions 2.8.a through 2.8.d. 

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

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

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

owner or operator begins actual construction of the project. The Secretary shall allow the use of a different time period upon a detenmination that it is more representative of normal source operation. 

2.8.a.l. The average rate shall include figitive emissions to the extent quantifiable, and emissions 

associated with startups, shutdowns, and mlfimtions. 

2.8.a2. The average rate shall be adjusted downward to exclude any noncompliant emissions that 

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

the consecutive 24-month period. 

2.8.a.3. For a regulated NSR pollutarit, when a project involves multiple emissions units, only one 

consecutive 24-month periodmust be used to determine the baseline actual emissions forthe emissions units 

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

2.8.a.4. The average rate shall not be based on any conse~utive 24-month period for which there 

is inadequate idormatian for determining annual emissions, in tons per year, and for adjusting thi~ amount 

if required by paragraph 2.8.a.2. 

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

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

pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construction of the project, or the 

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

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

1990. 

2.8.b. 1. The average rate shall include kgitive emissions to the extent quantifiable, and emissions 
consecutive 24-month p&od. 

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

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

major stationary source been required to comply with such limitations during the consecutive 24-month 

period. However, if an emission limitation is part of a maximum achievable control technology standard that the Administrator proposed or promulgated under 40 CFR Part 63, the bacreline actual emissions need only be adjusted if the State has taken credit far such emissions reductions in an attainment demonstration or 

maintenance plan consistent with the requirements of 45CSR19-8.6. 

2.8.b.4. Fora regulated NSR pollutant, when a project involves multiple emissions units, only one 

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

units being changed. A different consecutive 24-month period can beused fm each regdated NSR pollutant. 

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

is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraphs 2.8.b.2 and 2.8.b.3. 

2.8.c. For a new emissions unif the baseline actual emissions for purposes of &temhing the 

emissions increase that wiU result from the initial construction and operation of such unit shall equal zero; 

and thereafter, for all other purposes, shall equal the unit's potential to emit. 

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

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

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

emissions unit in accordance with the proceduaes contained in subdJvision 2.8.c. 

2.9. Baseline Atea. 

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

unclassifiable under §lO?(d)(l)(A)(ii) or (iii) of the CAA in which the major source or major modification 

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

pollutant for which the baseliie date is established, equal to or water than the following: 

2.9.b. Area redesignations under 5 IO7(d)(l)(A)(ii) or (iii) of the CAA cannot intersect or be smaller 

4 

Pollutant 

SOa 

NO2 

PMl, 

PMzs 

Air Quality Impact (annual average) 

1 pdm3 1 pdm3 1 &m" 

0.3 w/m3 
j

, 

the state proposing the redesignation. 

2.9s. Any baseline area established originally for the TSP increments shall remain in effect and shall 

apply for purposes of determining the amount of available PM, increments, except that such baseline area 

shalt not remain in effect if the Secretary ~scinds the corresponding minor source baseline date in accordance 

with subdivision 2.42.d. 

2.10. "Baseline concentration" meam that ambient concentration level which exisas in the baseline ma 

at the time of the applicable ntinor source baseline date. A baseline concentration is &te&ed for each 

pollutant for which a minor some baseline date is established and includes: F 

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

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

2.10.b. The actual emissions repsentative of sources in existence on the applicable minor source 

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

applicable maximum allowable increase(s): 

2.10.b.l. actual emissions hrn any major staticmary source on which construction commenced 

after the major source baseline date; and 

2.1 0.b.2. actual emissionsinmases anddecreases at any stationary source occusring afterthe minor 

source baseline date. 

2.11. "Begin actual construcdon" means, in general, initiation ofphysical on-site construction activities 

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

installation of building supportrr and foundations, laying of underground pipework, and construction of 

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

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

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

would be emitted from any proposed major stationary source or major modification which the Secretary, on 

a case-by-case basis, taking into account energy, dronmental and economic impacts and other coats, 

htermines is achievable fix rruch source or modification through application of production processes or 

available methods, systems, and techniques, induditig fuel cleaning or treatment or innovative fuel 

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

technology result in emissions of any pollutant which would exceed the emissions allowed by any federally 

enfmeable emissions limitations or emissions hitations enfaceable by the Secretary. lf the Secretary 

debnnines that technologicd or economic limitations on the application of measurement methodology to a 

particular emissions unit wouldmake the imposition of an emissions standard infeasible, a design, equipment work practice, operational standard or combination thereof, may be prescribed instead to aatisfjl the 

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

possible, set forth the emissions reduction achievable by implementation of such design, equipment, work 
under the control of the same person (or persons under common control). Pollutant-emitring activities are 

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

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

Gavernment Printing Ofiice stock number GPO 1987 0-185-718:QL 3). 

2.14. "CAAW means the Clean Air Act, 42 U.S.C. 7401, et seq., as mended by Pub. L. No. 101-549 

(November 15, 1990). 

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

precombustion, cambustion, or post combusf on. stage, at a new or existing facility which will achieve 

significant mductions in air emissions of sulk dioxide or oxides of nifrogen associated with the utilization 

of coal in the generation of electricity, or process steam which was not in widespnzad use as of November 15, 

1990. 

2.16. "Clean coal technology demonstration projectn means a project using hds appropriated under the 

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

commercial demonstration of clean coal technology, or Bidar projects funded through appropriations for 

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

cost of the demonstration project. 

2.17. [Reserved]. 2.18. "Commencen as applied to comtnrction of a major stationary source or major modification means 

that the owner or operator has all necessary preconstruction approvals or pmits and either has: 

2.18.a. begun, or caused to begin, a conthuotw program of actual on-site construction of the source, 

to be completed within a reasonable the; or 

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

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

the source to be completed within a reasonable time. 

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

the information necessasy for processing the application. Designating an application complete fat purposes of permit processing does not preclude the Secretary fromrequesting or accepting my additional Wonnation. 

2.20. "Constnu;ticm" means any physical change or change in the method of operation (including 

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

change in actual emissions. 

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

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

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

2.22. "Continuous emissions rate monitoring system (CERMS)" means the total equipment required for 
p

(

p

, 

y 

g

) 

(

example, gas flaw rate, 02 or C02 concentrations), and to record average operational parameter value(s) on 

a continuaus basis. 

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

Protection as defined in W. Va. Code 822-1-4. 

2.25. "Electric utility steamgenerating unit" means any steam elec~c generating unit that ig constructed 

for the purpose of supplying more than one-- of its pbkntial electric output capacity and mare than twenty-five (25) MW electrical output to any utility power distribution aystern for sde. Any steam supplied 

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

produce electrical energy for sale is also considered in determining the electrical energy output capacity of 

the affected facility. 

2.26. "Emission" means the release, escape or discharge of air pollutants irrto the air. 2.27. "Emissions unit" means any part of a stationary source that emits or would have the potential to 

emit any regulated NSR pollutant and includes an electsic utility steam generating unit as &fined in 

subsection 2.25. For purposes ofthis rule, there at.e two types of emissions units as described in subdivisions 

2.27.a and 2.27.b. 

2.27.a. A new emissions uait is any emissions unit that is (or will be) newly constructed and that has 

existed for less than 2 years firm the date E~UC~ emissions unit first operated. 

2.27.b. An exieting emissions unit is any emiseions uait that does not meet the requirements in 

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

2.28. "Federal Land Manager" means, with ~spect toany lands in the United States, the Secretary af the 

department with autharity aver such lads. 

2.29. "Federally enforceable" mem all limitations and cmditions which are enfmceable by the 

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

approved West Virginia State Implementation Plan, any permit requirements established pursuant to 40 CFR 

552.21 or this de, and any operating permits is~ued under a program that is incorporated into the State 

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

2.30. [Reserved] 

2.31. "Fugitive emissions" means those emissions which could not reasonably pass thr0ugh.a stack, 

chimney, vent or other hctidy equivalent opening. 

2.32. [Resewed] 2.33. [Reserved.] 
2.36. 

Innovative conml technology

 means any system of air pollution control that has not been 

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

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

at lower cost in terms of energy, economics, or non-air quality ertvironmental impacts. 

2.37. "Lowest achievable emission rate (LAER)" means, far any source, the more stringent of the 

following: 

2.37.a. The most stringent emissions limitationwhichis containedintheimplementation planof any 

State for such class or category of stationary source, unlees the owner or operator of the proposed stationary 

source demonstrates that such limitations are not achievable; or 

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

category of stationary sources. This limitation, when applied to a modification, means the lowest achievable 

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

application of the term pdt anew or pmposed new crr modified stationary source to emit any pollutant in 

excess of the amount allowable under an applicable new some standard of perfiice. 

2.38. . [Reserved.] 2.39. Major emissions unit means: 

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

PAL pollutant in. an attainment area; or 

2.39.b. Any emissions unit that emit8 or has the potential to emit the PALpollutant in an amount that 

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

nonattabment areas. For example, in &X~daItCe with the definition of major stationary source in §182(c) 

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

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

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

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

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

pollutant -bum the major stationary source. Any signEcant emissions increase (as defined at subsection 2.75) hmany emissions units or net emisaim increase (as definedin subsection 2.46) at a major stationary source 

that is sidcant forvolatile organic compounds or NGshall be considered significant for ozone. However, 

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

2.40.a. Routine maintenance, repair, and replacement. 

2.40.b. Use of an alternative fuel or raw material by reason of any order under sections 2(a) and (b) 

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

reason of a natural gas cuaailment plan pursuant to the Federal Power Act. 
2.40.e. Use of an altemarive fuel or raw material by a stationary some, provided that: 

2.40.e. 1. Prior to January 6,1975, the Borne was capable of accommodating such aftemative fuel 

or raw material, unless such change would be prohibited under any federally enforceable pennit condition 

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

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

2.40.e.2. The source is approvedto use the alternative fuel or raw material under any permit issued 

under 40 CFR 352.21 or under any permit issued or order entered pursuant to any rule of the Secretary. 

2.40.f. An increase in the hours of operation unless such increase would be prohibited by aFe&ral 

pennit issued pursuant to 40 CFR g52.21 or by any permit issued or order entered pmuant to any rule of the 

Secretary. 

2.40.g. An increase in the producf on rate unless such increase would be prohibited by a Federal 

permit issued pursuant to 40 CFR $52.21 or by any penrtit issued or order entered pwsuant to any rule of the 

SeG~tary. 

2.40.h. Any change in ownership at a stationary sowe. 

2.40.i. [Resewed.] 2.40j. The installation, operation, cessatiw, or removal of a temporary clean coal technology 

&monstration project, provided that the praject complies with: 

2.40.j. 1. The State Implementation Plan; and 2.40 $2. Other requirements necessary to attain and maintain the Natiod Ambient Air Quality 

Standards duing the prqject and after it is terminated. 

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

constitutes repowering, provided that the project does not result in ~II increase in the potential to emit of any 

regulated NSR pollutant emitted by the dt. This exemption shall apply an a pollutant-by-pollutant basis. 

2.40.1. The reactivation afa very clean coal-hd electric utility steam generating unit. 2.40.m. This definition shall not apply with respect to a particular regulated NSR pollutant when the 

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

Instead, the definition at subsection 2.53 shall apply. 

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

NQX- 
2.42.al. In the case of PM,, and edfh dioxide, January 6,1975; and 2.42.a.2. In the case of nitrogen dioxide, February 8,1988; and 2.42.a.3. In the case of P&,,October 20,2010. 

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

stationary source or a major~odificationsubject to the requirements of 40 CFR 552.21 or tothis de submits a complete application under this rule. The trigger date is: 

2.42.b. 1. In tha case of PM,, and sulfur dioxide, August 7, 1977, and 2.42.b.2. In h case of nitrogen dioxide, February 8, 1988; and 

2.42.b.3. h the case of PW,, October 20,201 1. 

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

meafnxres have bem established E 

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

attainment or unclassifiable under §107(d](l)(A)(ii) or (iii) of the CAA for the pollutant on the date of its 

complete application under 40 CFR 852.21 or this rule; and 

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

amounts, or in the case of a major modification, there would be a s-cant net emissions increase of the 

pollutant. 

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

in effect and shall apply for purposes of determining the amount of available PM,, increments, except that the Secretary may rescind any such ininor eource baseline date where it can be demomtrated to the 

Secretary's satisfaction that the emissions increase from the major stdonary source, or the net emissions 

increase fkom the major modification, responsible for triggering that date didnot result in a significant amount of Pqo emissions. 

2.43. "Major stationary source" means: 

2.43.a. Arry of the following stationary sources of air pollutants which emits or haP the potential to 

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

Fossil Fuel-fired Steam Elect~ic Plants of More than 250 Million Btu/hr Heat Input, 

Coal Cleaning Plants (witfi thermal dryers), 

+ KraR Pulp Mills, 

Portland Cment Plants, 

+ Pimary Zinc Smelters, 
y

, 

Petroleum Refineries, LimePlants, Fhosphate Rock Processing Plants, 

Coke Oven Battelies, 

Sulfur Recovery Plants, 

Carbon Black Plants (hce process), 

Primary Lead Smelters, Fuel Cornremion Plants, 

Sintering Plants, 

Secondary Metal Production Plants, 

Chemical Process Plants (which daes not include ethanol produclim facilities that pruduce ethanol by 

natural fermentation included in NAICS codes 325193 or 3 12140), 

Fossil Fuel Boilera (or c@mations thereof) Totaling More than 250 Million Btuhur Heat Input, 

a Petraleunz Storage and Transfm Umts with a Total Storage Capacity Exceeding 300,000 Barrels, 

* Taconite Ore Processing Plants, 

Glass Fiber Processing Plants, and 

Charcoal Productian Plants; 

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

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

NSR pollutant; or 

2.43.c. Any physical change at a stationary source, not othde qdifling under subdivision 2.43.a 

as a major statioq source, if the change itselfwould constitute a major stationary source. 

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

major fm ozone. 

2.43.e. The fugitive emission8 of a stationary source shall not be included in determining whether 

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

Table 1 

SOURCE CATEGORIES WHICH MUST INCLUDE FUGITIVE EMISSIONS 

Fossil-Fuel-Fired Steam Electric Plants Greator Than 250 Mion BtulHour Heat Input 

Coal Cleaning Plants (with thd dryers) 

Kraft PuIp Mills 

Portland Cement Plants Primary Zinc Smelters Iron and Steel Mill Plants Primary Aluminum Ore Reduction Plants Primary Copper Smelters Municipal Incinerators Capable of Chaq$ng Greater Than 250 Tons of RefuselDay 
Coke Wen Batteries 

Sulk Recovery Plants 

Carbon Black Plants (fimace process) 

Primary Lead Smelters 

Fuel Conversion Plants 

Sinteriag Pzants Secondary Metal Production Plants 

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

facilities that produce ethanol by natural fermentation included in NAICS codes 325 193 or 3 12140 

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

Petroleum Starage and Transfm U~ts with a Total Storage Capacity Exceeding 300,000 Banreis 

Taconite Ore Processing Plants 

Glass Fiber Processing Plants 

Charcoal Production Plants 

Any other stationary gource category which, as of August 7,1980, is being regulated under $51 11 or 11 2 of the CAA. 

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

as Mmedund~40 CFR §60.25l(a) which process more than 200 tons per day shall count fugitive emissions 

from all "affected facilities" at the some. 

2.438. For the purpose of subdMsiw 2.43.f; the Brm "eected fwiililies" means those facilities 

which are listed or identified as '$affected facilities" in the applicable standard promulgated under 95 11 1 or 

112 of the CAA." 

2.44. "Major stationary source for ozone" means amajor stationary some ofvolatile organic compounds 

or NO,. 

2.45. "Necessarypreconstnu:tion approvals or permi$" means those pemits or approvals requiredunder 

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

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

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

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

operation at a stationary some as calculated pursuant to.subsection 3.4; 

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

contemporaneous with the particular change and are otherwise creditable. Baseliue actual endssims for 

calculating incremes and decreases under subdivision 2.46.b shall be detdned as provided in subsection 

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

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

particular change only if it occurs not more than five (5) years prior to the date on which construction on the 
2.46.d. 1. The inaease or decrease in actual ertiiseions has not been reliedupon by the United States 

Environmental Protection Agency in issuing a permit pursuant to 40 CFR 352.21; or 

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

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

2.46.e. he increase or&crease in actual emissions of particulate matter, sulk dioxide, or nitrogen 

oxides which occmd prior to the applicable mincrr some baseline date was required to be considered and 

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

2.46.f. An increase in actual emissions is creditable onty to the extent that the new level of actual 

emissions exceeds the old level; 

2.46.g. A decreaae in actual emissions is creditable only b the extent that: 

2.46.g.l. The old level of actual emissions or the old level of allowable emissions, whichever is 

lower, exceeds the new level of actual emissions; 

2.46.g.2. It is federally enfieable and is enforceable 4 the Secretary at and after the time that 

the actual construction on the particular change begins; 

2.46.g.3. The decrease in actual missions must have approximately the same qualitative 

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

2.46.g.4. [Reserved.] 

2.46.h. An increase hat reaults from a physical change at a source occurs when the emiasions unit 

on which construction occmed becomes operational and begins to emit a particular pollutant. Any 

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

to exceed one hundred eighty (180) clays. 

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

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

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

accordance with 40 CFR Part 53 or by an equivalmt method desimated in accordance with 40 CFR Part 53. 

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

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

or alternative method, specified in 40 CFRPart 60, Appendix 3, or by a test method specified in any rule of 

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

references to particulate or particdam matter in this rule shall mean particulate matter emissions. 

2.49. "Person" means any and all persons, nahual or artificial, including the State of West Virginia or 
2.50. 

Plantwide applicability limitation (PAL)

 means an emission limitation expressed izi tans per year, 

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

2.5 1. 'LPAL effective date" generally means the date of issuance of the PAL permit. However, the PAL 

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

becomes operational and begins to emit the PAL pollutant. 

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

later. 

2.53. "PAL major m&cation" means, notwithstanding subsections 2.40 and 2.46 (the definitions for 

major modification and net emiesions increase), any physical change h or change in the method of operation 

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

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

under a program that is appraved into the State Implementation Plan, or the title V permit issued by the 

Secretary that establishes a PAL for a majar stationary source. 

2.55. "PAL pollut.am&" means the pollutant for which a PAL is established at a major stalionary source. 2.56. [Reserved] 2.57. "Poilution prevention" means any activity that through process changes, product refmutation or 

redesign, or substitution of lees polluting raw makrials, eliminates or reduces the release of air pollutants 

(including fbgitive emissions) and other pollutants to the environment prior to xecycling, treatment, or 

disposal; it does not mean recycling (othei than certain '"n-process recycling" practices), energy recovery, 

treatment, or disposal. 

2.58. *Potential to emit" means the maximum capacity of a statirmary source to emit a pollutant under 

its physical and operational &sign. Any physical or operational limitation on the capacity of the source to 

emit a pollutant, including air pallution control equipment and restrictions on hours of operation or on the 

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

limitation or the effect it would have on emissions is federally eaforceable or is enforceable by the Sec~tary 

in any permit and/or consent order issued by the United States Envirmental Protection Agency or by the 

Secretary. Secandary emissions do not count in detemining the potential to emit of a stationary source. 

2.59. "Predictive emissions monitoring system (PEMS)" means all ofthe equipment necessary to monitor 

process and control device operational parametem (for example, control device secondary voltages and 

electric cumnts) and other infonnation (far example, gas flow rate, 0, ar C4 concentrations), and calculate and record the mass emissions rate (for example, 1Whr) on a continuous basis. 

2.60. "Provention of Significant Deterioration (PSD) program" means a major source prewnstruction 

permit program that has been approved by the Administrator and hcorporated into the State Zmplementation 
2.62. "Project" meana a physical change in, or change in the method of operation og an existing major 

stationary source. 

2.63. "Projected actual emissions" means the maximum annual rate, in tons peryear, at which an existing 

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

following the date the unit resumes regular operalion aAer the project, or in any one of the 10 years following 

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

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

significant net emissions increase at the major stationary source. 

2.63.a. In determining the projected actual emissions under subsection 2.63 (before beginning actual 

constsuctim), the owner or operator of the major statimaty source: 

2.63.a 1. Shall consider all relevant infomation, including but not limited to, historical opemtional 

data, the company's ownrepresentatim, the company's expected business activity and the company's highest 

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

compliance plans under the approved State Implementation Plan; and 

2.63~2. Shall include hgitive emissions tothe extent quantifiable, and emissio~u associated with 

startups, shutdowns, and malfimctions; and 

2.63.a.3. Shall exclude, in calculating any increase in emissions that results from the particular 

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

accommodated during the consecutive 24-manth period used to establishthe baseline actual emissions under 

subsection 2.8 and that are also unrelated to the particular project, including any increased utilization due to 

product demand growth., or 

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

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

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

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

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

2.64.a. Has not been in operation for the two-year period psior to the enactmat of the Clem Air Act 

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

inventory at the time of enactment; 

2.64.b. Was equippedprior to shutdownwith acontinuous systemof emissions control that achieves 

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

particulates of no less than ninety-eight (98) penent; 

2.64.c. Is equipped with low-NO, bumen prior to the time of commencement of operations 
2.65. [Reserved.] 2.66. "Regulated NSR pollutant" means the following: 

2.66.a. Any pollutant for which a National Ambient Air Quality Standard has been promulgated. 

This includes, but is not limited to, the following: 

2.66.a.l. Pw, emissions, and mM,, emissions shall include gaseous emissions from a sowrce or 

activity which condense to fonn pdculate matter at ambient temperatures. On or after January 1,201 1, such 

condensable particulate matter shall be accounted for in applicability determinations and in establishing 

emissions limitations for 9, and PM,, in PSD permits. Compliance with emissions limitations for PW, 

and PMlo issued prim to this date shall not be based on condensable particular matter unless required by the tenns and conditions of the pdt or the applicable implementation plan. Applicability deteminations made 

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

unless the applicable implementation plan required condensable particular matter to be included; 

2.66.a2. Any pollutant identified under this paragraph as a constituent or precursor to a pollutant 

fm which a national ambient air quality stmdard has been promulgated. Precursors identified by the Administrator for purposes of NSR are the following: 

2.66.a.2.A. Volatile organic compounds and nitrogen oxides are precursors to ozone in all 

attainment and unclassiflable areas. 

2.66.a2.B. Sulfur dioxide is a precursor ta PW, in a11 attainment and uncfassifiable areas. 

2.66.a.2.C. Nitrogen oxides are presumed to be prea.mora to PK, in all attainment and 

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

demonstrates that emissions of nitrogen oxides hm source# in a specific area are not a significant contributor 

to that area's ambient PM,, concentrations. 

2.66.a2.D. Volaiile organic compounds are presumed not to be precursors to lPM,., in any 

attainment or unclassifiable area, unless the Secretary demonstrates to the Administrator's satisfaction or EPA demonstraks that emissions of volatile organic compounds fbm sources in a specific area m a si@cant 

contributor to that area's ambient PM2., concentrations. 

2.66.b. Any pollutant that is subject to any standard promulgated under $11 1 of the CAA; 2.66.c. Any Class I or II substance subject to a standard promulgated under or established by title 

VI of the CAA; 

2.66.d. Any pollutant that otherwise is subject to regulation under the.CAA as definedin subsection 

2.80. 

2.66.e. Notwithstanding subdivisions 2.66.a through 2.66.d, the term regulated NSR pollutant shall 
2.67. "Relocate" or "Relocation" means the physical movement of a rrource outside of its existing plant 

boundaries. 

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

through2.68.d are met. No creditable emission reductions shall be generated fiom shutting down the existing 

emissions unit that is replaced. 

2.68.a. The emirtsions unit &a reconstructed unit within the meaning of40 CFR §6O.lS(bXl), or 

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

2.68.b. The emissions unit is identical to or hctionally equivalent to the replaced missions unit; 

2.68.c. The replacement does not change the basic &sign parameter@) of le process unit; and 

2.68.d. The replaced emissions unit is permanently removed fnrm the major stationary some, 

otherwise permanently disabled, or permanently basred fbm operation by a permit that is enforceable as a 

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

emissions unit. 

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

cod technologies: atmospheric or pressurized fluidized bed combustian, integrated gartihation combined 

cycle, magnetokrydrodymmics, kct and indirect coal-fired turbines, integrated gasification fuel cells, or as 

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

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

simultaneously with improved boiler or generation eficiency and with signXcantly greater waste reduction 

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

2.69.a. Repowdng shall also include any oil andlor gas-fmd unit which has been awarded clean 

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

2.69.b. me Secretary shall give expedited consideration to pdt applications for any source that 

satisfies the requirements ofthis subsection 2.69 and is granted an extension under $409 of the CAA. 

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

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

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

where the Secretary dctcrmines that such period is more representative of normal source operations), 

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

on projected capacity utilization. In projecting future emissions the Secretary shalt 

2.71.a. Consider all relevant infomtion, including but not limited to, historical operational data, 
change or change in the method of operation at an electric utility steam generating unit, that portion of the 

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

period and is athibutable to an increase in projected capacity utilization at tho unit that is unrelated to the particular change, including any inc~ased utilization due to the rate of electricity demand growth for the utility system as a whole. 

2.72. "Secondary emissions" .means emissim which would occur as a result of the construction or 

operation of a major stationary source or major modification, but do not come limn the major stationary 

source or major modiftcation itself. For the purpose of fhis rule, secondary emissions muat be specific, well 

defined, quantifiable, and impact the same general area as the stationary some or modification which causes 

the secondary emissions. Secondaty emissions include, but are not limited to emirrsions Erom any off-site 

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

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

include any emissions which come directly fbm a mobile source, such as emissions fiom the tailpipe of a 

motor vehicle, krn a train, or fi.om a vessel. 

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

Va. Code 5 822-1-6 or 22-1-8. 

2.74. "Significant" means: 

2.74.a. In reference to it net emission increase or the potential of a some to emit any of the 

following pollutants, a rate of emissions that would equal or exceed any of the following rates: 

Pollutant and Pollutant Emission Rab 

per year) 

Carbon monoxi&: 100 tlpy 

Nitrogen oxides: 40 tPY 

Sulfur dioxide: 40 tpy 

Particulate matter: 25 WY PMio: 15 tp~ PM2.5: 10 tpy 

of direct P5, emissions 

pw.5: 

of SO, emissions 

pw.3: 40 Epy 

of NO, emissions 

(unless demonstrated not to be a PN, precursor under subsection 2.66). 
Fluorih: 3tpy 

Sulfuric acid mist: 7 ~PY 

Hydrogen sulfide &S): 10 rpy Total reduced sulk 10 @Y (including &S) 

Reduced sulfur compounds 10 tpy 

(including KS): 

Municipal waste combustor Mgafiics (as total tetra- through octachlorinated 3.5x106tpy 

dibenzo-p-dioxins and dibenmfurans): 

Municipal waste combustor metaIs (as particulate matter): 15 my Municipal waste combustor acid gases (as the awn of SO, and HCI): am' 

Municipal solid waste landfill emissions (as nomethane organic compounds): 50 tpy 

2.74.b. Tn refertnce to a net emissions increase or the potential of a source to emit a regulated NSR 

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

2.74s. Notwithstanding subdivision 2.74.a, any emissions rate or any net emissions increase 

associated with a major stationary source or major modification, which would construct within ten (10) 

kilometers of any Class I area, and have an impact on such area equal to or greater than 1 Wm' (twenty-four 

(24) hour average). 

2.75. "Significant emissions increase" means, for aregulated NSRpoUutant, anincrease inemissions that 

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

2.76. "Significant emissions unit" means an emission8 unit that emits or has the potential to emit a PAL 

polfutant in an amount that is equal to or greater than the significant level (as &fined in subaction 2.74 or 

in the CAA, whichever is lower) for that PAL pollutant, but leu than the amount that would qualify the unit 

as a major emissions unit ae defined in subsection 2.39. 

2.77. "SignXcant impact" means an increase in tlte ambient air concentration fm a particular pollutant 

as follows: 

Averaging time (how) 

I Annual I 24 I 8 I 3 I 1 

Ambient Air Concentration Increase (pg/m3) 
2.78. "Small emissions unit" means an emisions unit that emits or has the potential to emit the PAL 

pollutant in an amount less than the significant level for that PAL pollutant, as &fined in subsection 2.74 or in the CAA, whichever is lower. 

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

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

NO, 

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

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

Chapter I, Subchapter C of the Code of Federal Regulations, that requires actual control of the quantity of 

emissions ofthat pollutant, and that such a control requirement has taken effect and is operative to control, 

limit or restrict the quantity of emissions of that pollutant released fiorn the regdated activity. Ex~ept that: 

2.ttO:a. Greenhouse gases (GHGs), the air pollutant &fined in 40 CFR 586.1818-12(a) as tht 

aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hrydrofluorocarbons, 

petlluorocarbons, and sulfur hexafluoride, shall not be subject to regulation except as provided in 

subdivisions 2.80.d and 2.8O.e. 

Ambient Air Concentration Increase (mghd) 

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

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

1.0 

W I I 

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

the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to Subpart A of 40 CFR Part 98 - Global Warning Potentials. 

I 

0.5 I I 2.0 

2.80.b.2. Sum the resultant value fiom paragraph 2.80.b.l for each gas to compute a tpy C0,e. 

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

a significant emissions increase (as calculated using the procedures in subsection 3.4) and a sig&caat net 

missions increase (as defined in subsections 2.46 and 2.74) occur. For the pollutant GHGs, an emissions 

increase shall be based on tpy CO,e, and shall be calculatedassuming the pollutant GHGs is a regulated NSR 

pollutant, and "si@;nificant" is &fined as 75,000 tpy CO,e instead of applying the value in subdivision 2.74.b. 

2.80.d. Beginning January 2,201 1, the pollutant GHGs is subject to regulation E 

2.80.d.1. The stiltionasy source is anew major stationary source for aregulated NSR pollutant that 

is not GHGs, and also will emit or will have the potential to emit 75,000 tpy COze or more; or 

2.80.d.2. The stationary some is an existing major stationary source fma regulated NSRpollutant 
G

Gs s

a

a

so be subject to 

egu

at

o

: 

2.80.e. 1. At a new stationary source that will emit or have the potential to emit 100,000 tpy C0,e; 

or 

2.80.e.2. At an existing stationary source that emits or has the potenlid to emit 100,000 Epy Cole, 

when such stationafy source undertakes a physical change or change in the method of operation that will 

result in an emissions increase of 75,000 tpy Cole or more. 

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

requirements set forth in subdivision 2.8D.g., the preconstruction pennit requiments of this rule shall not 

apply to a source's GHG emissions if any of the following actions result in GHGEl not being ~ubjecto 

regulation under the otherwise applicable fed& prevention ofsignificant deterioration requirements set forth 

in 40 fZFR 851.166: 

2.80.f.l. A US EPA final rule; 

2.80.f.2. An act of the United States Congress; 

2.80.f.3. A Presidential Executive Order; 

2.80.E.4. A final order of the District of Columbia Circuit Court of Appeals, if the specified time 

far appealing the order has lapsed md no appeals, petitions seeking clarification or rehearing, or other 

petitions regardiug the order have been filed, or, if any appeals or petitions are filed, the resolution of any and 

all appeals and petitions regarding the hal order are complete and have upheld themlevant detemination(s). 

Moreover, a stay shall also create an exemption during the effective length of the stay. These two specfic 

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

set forth in subdivision 2.80.g.; or 

2.80.f.5. An order of the United States Supreme Corn. 

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

provides a thirty day notice of such exemption to US EPA and the public. Such notice shall be published in the West Virginia Register and explain the circumstances justifying the exemption. 

2.81. $'TSP9' or "Total suspendedparticulate matter" means particulate matter as measured by the methods 

described in Appendix B of 40 CFR Part 50. 

2.82. "Temporary clean coal technology demonstration project" means a clean coal technology 

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

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

Quality Standards during and afkr the project is terminated. 

2.83. [Reserved.] 
95-14-3. Applicability. 

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

defined in subsection 2.43) or any pmposed project at an existing major stationary source in an area 

designated as attainment or unclassifiable under §§107(d)(l)(A)(ii) or (iii) of the CAA. 

3.2. 'Ihe requirements of sections 7 though 13 and sections 17 through 19 apply to the comtrw;tion of 

any new major statianary source or the major modification of any existing major stationary source, except as this de otherwise provides. 

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

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

issued by the Secretary that states that the mjor stationary source or major modification will meet those 

reqllimnents. 

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

major modification fm a regulated NSR pollutant shall be determined in accordance with the specific 

provisions set fa in subdivisions 3.4.a through 3.4f. 

3.4.a. Except as otherwise provided in subsections 3.5 and 3.6, and consistent with the dewtion of 

major modification contained in subsection 2.40, a project is a major modification for a regulated NSR pollutarnt if it causes two types of emissions increases -- a sigdicant emissions increase (as defined in subsection 2.75), and a significant net emissions increase (as defined in subsections 2.46 and 2.74). The 

proposed project: is not: a major modification if it does not cause a significant emissions increase. If the 

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

also results in a significant net emissions increase. 

3.4.b. The procedure for calculating (befm beginning actual cmtruction) whether a significant 

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

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

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

source (is., the second step of the process) is contained in the de~tion insubsection 2.46. Regardless of 

any smhpreconsttuction projections, a major modificationresults if the project causes a sigiticant emissions 

increase and a significant net emissions increase. 

3.4.c. Actual-to-pmjected-actual applicability test fm projects that only invalve existing emissions 

units. -- A sigdicant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the 

dieerence between the projected actual emissions (as defined in subsection 2.63) and the baseline actual 

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

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

3.4.d. Actual-to-potential test for projects that only involve construction of a new emissions unit(s). -- 

A significant emissions increase ofa regulated NSR pollutant is projected to occur ifthe sum of the difference 
3.4.e. [Reserved] 

3.43. Hybrid test fm projects that involve multiple types of emissions unite. -- A significant emissions 

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

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

eachemissions unit, for each type ofemissions unit equals or exceeds the si@cant amount for that pollutant 

(as defined in subsection 2.74). 

3.5. For any major stationary some subject to aPAL for aredated NSR pollutant, the major stationary 

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

p5-14-4. Ambient Air Quality Increments and Ceilings. 

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

thoere listed below: 

Maximum Mowable Pollutant Concentration Increase aver Baseline Concentration 

(&m3) 

Class I Areas 

Particulate matter: 

PM,.,, Annual arithmetic mean 1 

PW,, 24-how maximum 2 

PM,, Annual arithmetic mean 4 

PM,, 24-hour maximum 8 

Sulf' dioxide: 

Annual arithmetic mean 2 24-hour maximum 5 3-hour m&mum 25 

Nitrogen dioxide: 

Annual arithmetic mean 2.5 

Class I1 Areas 

Particulate matter: 

PN,, Annual arithmetic mean 4 PM,,, 24-how maximum 9 PM,,, Amual luitlrmetic mean 17 PM,,, 24-hour maximum 30 
Nitragen dioxide: 

Annual arithmetic man 25 

Class m 

Particulate matter: 

PM,.,, Annual arithmetic mean 8 P%,, 24-hour 18 PM,, Annual arithmetic mean 34 PM,, 24-hour maximum 60 

Sulfw dioxide: 

Annual arithmetic mean 40 24-hour maximum 182 3-hour maximum 700 

Nitrogen dioxide: 

Annual arithmetic mean 50 

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

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

4.3. No pollufaat'concenttation shalt exceedany primary or secondary air quality standardpmulgated: 

4.3.a. by the Secretary; or 

4.3.b. by the US EPA. 

845-14-5. Area Classification. 

5.1. Dolly Sods Wilderness Area and Otter Creek Wilderness Area are designated Class I Areas; 5.2. The Spruce Knob-Seneca Rocks National Recreational Area, the Cranbeq National Wilderness, 

and the New River Gorge National Scenic River are designated as Class II Areae; and 

5.3. The remainder of the State of West V'inia is designated aa a Class II Area. 

g5-14-6. Prohibition of Dispersion Enhancement Techniques. 

6.1. The use of stack heights which exceed good engineering practice or any dispersion techniques to 

reduce the concentration of any air pollutant and thereby, aEect the degree of emission limitation required is prohibited unless a stack existed or dispemion technique was implemented before December 31, 1970. 

g45-14-7. Regstration, Reporting and Permit Requirements for Major Stationary Sources and 
unclassifiable under 5 107 of the CAA, without notifying the Sec

tary of such intent and obtaining prior to 

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

modiEy, or relocate the major stationary source or major modification as herein provided Ifthe arsa in which 

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

nonattainment under 8107 of the CAA, as amended, for any pollutant which the source or modification would 

emit in significant amounts (as defined by sulxsectim 45CSR19-2.65), the source or modification shall meet 

all requirements of 45CSR19 for that pollutant and shall not be subject to the requirements ofthis rule for that 

pollutant. 

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

application containing sacient information as, in the judgment of the Secretary, will enable the Secretary 

to debmine whether such source construction, m~d~cation, or relocation will be in cdmce with the 

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

information may include, but not be limited to: 

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

source or rnoflcation, including specificatiom and drawings showing its design and plant layout; 

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

7.2.c. A detailed description as to what system of continuous emission reduction is p1med by the 

source or modification, emission estimates, md any other infomation as necessary to determine that best 

available control technology as applicable would be applied; 

7.2.d. me air quality impact of the source or modificatimy including meteomlogicat and topographical 

data necessary to estimate such impact; and 

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

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

would affect. 

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

major modification, and such signature shall constitute an agreement that the applicant will assume 

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

or major madiiicatim in accordance with applicable des of the Secretary, the perntit application, and any 

permit issued pursuant to this rule. 

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

major stationary source or for a major modification, the Secretary shall determine if the application is 

complete or if there exists any deficiency in the application or infomation submitted, and shall notify the 

applicant of all such deficiencies, if my. In the event of such a deficiency, the date of receipt of the 

application shall be the date on which the Secretary received all required information. 

7.5. Within six (6) months of the receipt of a complete permit application for construction or relocatian 
of this rule, in which case the Secretary shall issue an order for the prevention of such construction, 

modification, or relocation. 

7.6. If the Secretary &nies a permit application for the proposedcmtruction or relocationof any major 

statimary source or major modification, the order shall set forth the Secretary's reasons with reasonable 

specxcity . 

7.7. The Secretary may impose my reasonable condih~~ as part of a granted constntction, 

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

periodic progress or operation reports, the provisim of a suitable sampling site, the installation of pollutant 

monitoring devices, and the operation and maintenance of ambient air quality monitoring stations. 

845-14-8. Control Technology Requirements. 

8.1. Any person proposing to construct or relocate a major stationary some or major modification shall 

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

standard or atadldard of performanoe under 40 CER Parts 64 61 and 63. 

8.2. Any person proposing to construct a new major stationary source shall apply best available control 

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

8.3. Any person proposing amajor modification of a stationary source ahall apply best available control 

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

significant net emissions increase h such some. This requirement applies to each proposed emissions 

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

in the method of operation in the unit. 

8.4. For any proposed construction of a major stationary source or major modification which is a phased 

cmtnu;tion pmject, the detmmination of best available control technology shall be reviewed and modified 

as appropriate at the last =asonable time which occura no later than eighteen (18) months prior to 

commencement of constructionof each independent phase ofthe eject. At such time, the owner or operator 

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

detemination of best available control technology for the source. 

g45-14-9. Requirements Relating to the Source's Impact on Air Quality. 

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

or to make amajor modification shall demonatrate that allowable emiseionincreases fkom the proposedsource 

or modification, in conjunction with dl other applicable emission increases or reductions (including 

secondary emissions) would not cause or contribute to air pollution in violation of: 

9.1.a. Any National Ambient Air Quality Standard in any air quality control region; or 9.1.b. Any applicable maximum allowable increase over the baseline concentration in any area. 
(Gu

de

e o

Qua

ty 

ode

s). 

10.2. Where an air quality impact model specified in Appendix W of 40 CFR Part 5 1 (Guideline on Air 

Quality Models) is inappropriate, the model may be moddiedor another model subeti tuted, provided that said 

modification or substitution is approved in writing by the Administrator. 

845-14-1 1. Air Qualsty Monitoring Requirements. 

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

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

would have the potential to emit in a significant amaunt. 

11.2. Atty person proposing to make a major modificationto a stationary fiource ahall provide an analysis 

of the ambient air quality in the area that the major modification would affect for each pollutant: for which 

it would result in a sigdicant net emissions increase. 

11 -3. For those po1lutmts for which no National ar West Virginia Ambient Air Quality Standard exisb, 

the analysis shall contain such air quality monitoring data as the Secretary determines is aeecessary to assess 

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

1 1.4. For those pollutants (other than non-methane hydrocarbons) for which such an ambient air quality 

standard doea exist, the analysis shall contain continuous air quality monitoring data gathered for purposes 

of detenninina, whether emissions of that pollutant would cause or contribute to a violation of the standard 

or any maximum ailowable increase. 

11.5. All ambient air quality monitohg data that is required shall have been gathered over a mod of 

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

determines that a complete and adequate analysis can be accomplished with monitoring data gathered over 

a period shorter than one (1)year (but not to be less than four (4) months), the data that is required shall have 

been gathered over at least that shorter period. 

11.6. Any person proposing to construct or relocate a major stationary source or make a major 

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

monitoring as the Secretary determines is necessary to detemine the effect emissione hm the stationary 

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

11.7. Operation of monit&ng stations required by section 11 shall meet the requirements of Appendix 

B of 40 CFR Part 58 during the operation of the monitoring stations. g45-14-12, Additional Impact Analysis Requirements. 

12.1. Any person proposh to construct or relocate a major stationary same or make a major 

modification shall provide: 
12.1 .b. An analysis of the air quality impact projected for the area as a result of general commercial, 

residential industrial and othar growth associated with the source or modification. 

845-14-13. Additional Requirements and Variances for Sources Impacting Federal Class I Areas. 

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

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

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

13.2. Notice to Fe&ral land managers. -- Tht Secretary shall provide wxitEen notice of any permit 

application for a proposed major stationary sowce or major modification, the emissions fhmt which may 

affect a Bass I area, to the Federal land manager or the Federal official, charged with direct responsibility 

for management of atry lmds within any such area. Such notification shall include a copy of dl infhnation 

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

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

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

13.3. The Secretary shall also provide the Federal landmanager or such Federal officials with a copy of 

the preliminary detemination required under subsection 17.2, and shall make available to them any materials 

used in making that determination, promptly after the Secretary makes such determination. Finally, the 

Secretary shall also not@ all afFected Federal land managers within 30 da. of receipt of any advance 

notification of any such permit application. 

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

responsibility for management of such lands has an hative responsibility to protect the air quality related 

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

proposed source or modification will have m adverse impact on such values. 

13.5. The Federal Land Manager of the affected Class I area may present to the Secretary during the 

public review process described in section 17 a &momtration that the emissions fbm the proposed major 

stationary source or major modification would have an adverse impact on the air quality-related values 

(including visibility) of any Federal mandatory Class I lands, notwithstanding that the change in air quality 

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

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

demonstration, the Secretary shall deny the pennit to construct. 

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

to the Federal Land Manager that the emissions from such sowce or modification would have no adverse 

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

change in air quality resulting hm emissions from such source or modification would cause or contribute 

to concentrations which wdd exceed the maximum allowable increases for a Claes I area If the Federal 

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

Frovide4 That the applicable requirements of this section are otherwise met, to issue the permit with such 
Maximum Allowable Pollutant Concentration Increase over Mhor Sme Baseline Concentration 

tMm3) 

Particulate Matter: 

m.,, Annual arithmetic mean 4 PM&, 24-hr maximum 9 PMl,, Annual arithmetic mean 17 

FM1, 24-hr maximum 30 

S& dioxide: 

Annual arithmetic mean 20 24-hr maximum 91 3-hr maximum 325 

Nitrogen dioxide: 

Annual arithmetic mean 25 

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

in 40 CFR 55 51.166@)(4), (5), (6), and (7) as contained in the Code of Federal Regulations on July 1, 1994, 

provided, that all requirements of said 40 CFR §§51.166@)(4), (S), (6), and (7) are met and written notification afvariance in accordance with said section(s) is provided to the Secretary. 

845-14-14. Procedures for Sources Employing Innovative Control Technology. 

14.1. Any person proposing to construct or moq amajor stationary source or major modification may 

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

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

14.1 .a. The proposed control system would not cause or contribute to an weas onable risk to public 

hedth, welfare, or safety in its operation or function; 

14.1 .b. The proposed some or modificationmust achieve a level of continuous emissions reduction 

equivalent to that which would have been required under section 8 by a date specified by the Secretary; 

14.l.c. The source or modification would meet requirements equivalent to all requirements of this 

rule that a stationary source emplaying a system ofbest available control technology would be required to 

meet; 

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

14.1.d.l. Not cause w contribute to any violation of an applicable ~ational~mbient Air Quality 

Standard; 

14.l.d.2. Not impact any area where an applicable increment is known to be violated; 
14.2. The Secretary ahdl cansult with the gwernor(s) of other state@) and the Federal LandManager(s) 

of areas impacted by the proposed source or modification. 

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

Manager(s), may make a determination that the some or moMcation would be employing innovative 

control technology. 

14.4. The Secretary shall specifil a date by which the source or modificationmust meet the requirements 

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

or seven (7) years from permit issuance. 

14.5. The Se~retary shall withdraw any approval to employ a system of innovative control technology 

ma& under this section 14 it 

14.5.a. The proposed system fails by the speciiied date to achieve the requiredcodnuous emissions 

~duclion rate; or 

14.5.b. The proposed system fails before the speczed date so as to contribute to an mmonablt 

risk to public health, wefire, or safkty; or 

14.5.~. The Secretary decides at any he that the proposed systemis unfikely to achieve the required 

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

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

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

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

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

shall not exceed three (3) years fiom the date of the end of the specified he period or the date that the 

approval is withdrawn, whichever is earlier. 

&45-14-15. Exclusions From Increment Consumption. 

15.1. The following concentratim shall be excluded in determining compliance with a maximum 

allowable increase: 

15.1 .a. Concentrations attributable to the increase in emissians frvrm stationary sources which have 

converted from the use of petroleum productrjl, natural gas, or both by reason of m order in effect under sections 2(a) and @) of the Energy Supply and Environmental Coordination Act of 1974 (ar any superseding 

legislation as ofthe effective date of this rule) ovw the emissions £+om such sources befm the effective date 

of such an order, 

15.1 ,b. Concentrations attributable to the increase in emissions from sources which have converted 

hm using natural gas by reason of natural gas curtailment plan in effect pursuant to the Federal Power Act 
15.l.d. Concentrations attributable to the temporary increase in emissions of sulfur dioxide, 

particulate matter, or nitrogen oxides from stationary sources so long as such exclusionmeets the following 

requirements: 

15.1.d.l. The kmporary emissions increase of sulfiu dioxide, particulate matter or nitrogen 

dioxi&s does not exceed two (2) yeam in duration; 

15.1.6.2. The exclusion periad for the temporary emissions increase is not renewable; and 15.l.d.3. The exclusion allows no emissions increases fiom a stationary source which would: 

151.d3.A. Impact a Class I area or an area wher~ an applicable incmnent is known to be 

violated; or 

15.l.d.S.B. Cause or contribute to aviolation of a National Ambient Air Quality Standasd. 

15.l.d.4. The exclusion requires limitations to be in effect at the end of the exclusion period 

specified in paragraph 15.1 .d. 1, which ensures that the emissions levels fi-om stationary sources would not 

exceed those levels occumhg from such sources before the temporary increase. 

15.2. No exclusion of such concentrations shall apply more than five (5) yam after the effective date of 

the order to which subdivision 15.1.a refers or the plan ta which subdivision 15.1.b refers, whichever is 

applicable. Ifboth such order and plan are applicable, no such exclusion shall apply more than five (5) years 

after the later of such effective dates. 

845-14-16. Specific Exemptions. 

16.1. A non-profit health or ncm-pmfit educational institution proposing to construct or relocate a major 

stationary source or to make a major modification may petition the Secretary for an exemption from the 

requirements of subsections 8.2,8.3 and 8.4 and sections 9,11 and 12. 

16.2. The source or modification that would be a major stationary source or major modification only if 

fugitive emissiom, to the extent quantifiable, are considered in calculating the potential to emit of the 

stationary source or modification and such source does not belong to any of the source categories listed in 

Table 1 may petition the Secretary for exemption from tb requiremen@ of subsections 8.2, 8.3, 8.4 and sections 9,11 and 12. 

16.3. Anypersonpropohg to relocate asource ormodificationthat is aportable stationary some which 

has previously received a permit lmder this nxle may petition the Secretary for an exemption hm the requirements of subsections 8.2, 8.3 and 8.4 and sections 9, 11 and 12. The Secretw shall grant this 

exemption if the following conditions are met: 

16.3.a. The some proposes to relocate and emissions of the source at the new location would not 
16.3.c. The emission8 &om the source would impact no Class I area and no area where an applicable 

increment is known to be violated; 

16.3.d. The source identifies the proposed new location and the probable duration of operation at 

the new location; and 

16.3.e. Such petition shall be submitted to the Secretary not lese than ten (10) days in advance of 

the proposed relocation unless a different time duration is previously approved by the Secretary. 

16.4. Requirements equivalent to those contained in subsections 8.2,8.3 and 8.4 and sedm 9,11 and 

12 do not apply to a major stationary source or major modification with respect to a particular pollutant if the 

owner a. operator demonstrates that, asi to that pollutant, the source' or modification is located in an area 

&s@pted as nimattainmcnt under $107 of the CAA. 

16.5. Any person proposing to construct or relocate a major stationary source or make a major 

modifi~ation may petition the Secretary for an exemption fhm the requirements of sections 9 hugh 12 with respect to a particular pollutant and the Secretary shall grant such exemption, if the allowable emissions of 

that pollutant fbm a new some, or the net emissions increase of that pollutant hm a modification, would 

not exceed two (2) years, would not impact any Class I area and would not impact any area where an 

applicable increment is known to be violated. 

16.6. Any person proposing to modifjr a major stationary source located in a Class II area that was in 

existence prior to March 1, 1978 may petition the Semtary for an exemption fico111 the requirements of sections 9, 11 and 12 as they relate to any maximum allowable increase for a Class I1 area. The Secretary 

shall grant such exemption if the net increase in allowable emissions of each regulated NSR pollutant hm 

the modification after the application of best available control technology would be less than fifty (50) tans per year. 

16.7. Any person proposing to construct or relocate a major stationary source or make a major 

modification may petition the Secretary for an exemption from the requirements of mcdon 11 with respect 

to a particular pollutant if: 

16.7.a. The applicant demonstrates that the emissiom increase ofthe pollutant fiom anew stationary 

source or the net emissions increase of the pollutant fiom a modification would cause, in any area, an air quality impact less than the amounts listed in Table 2; or 

16.7.b. The applicant demonstrates that the concentrations of the pollutant in the ma that the source 

or modification would affect are less than the concentrations listed in Table 2; or 

16.7.c. The applicant's request is for any pollutant which is not listed in Table 2. 

I Table 2 - De Minimis Air Quality Impacts 
16.8. The permitting xequirements contained in subdivision 9.l.b do not appl J to a stationary source or 

modification with respect to any maximum aflowable increase for nitmgm oxides if the owner or operator 

of the source or mMcation submitted an application for a pemit to the Secretary before the provisions embodying the maximum allowable increase took effect as part of the plan and the Secretary subsequently 

determines that the application as submitted before that date was complete. 

Nitrogen Dioxide 

P~,, 

Sulfur Dioxide 

Ozone1 

Lead 

w. 

Fluorides Hydrogen Sulfide 

Total Reduced Sulfur 

Reduced Sullixr Compomdsi 

16.9. The permitting requirements contained in subdivision 9.l.b shalf not apply to a stationary source 

or modification with respect to any maxim allowable increase for PM,, if 

16.9.a. The owner or operator of the some or modification submitted an application for a permit 

to the Secretmy befme the provisions embodying the maximum allowable increases for PM,, took effect as part of the plan, and 

No de minimis air quality levd is provided for ozone. Howcvu, my net emisions increase dl00 tons pa year or mm dvoIatile organic 

compoundsornitrogm oxidessubjedtoPSDwould beretpired taperformmnmbientimpadanolysis, includingthcgathtriag ofair quality data. 

14 

10 

16.9.b. 'Zhe Secretary subsequently detenaines that the application as submittedbefore that date was 

complete. Inatead, the applicable requirements of subdivision 9.1 .b shall apply with respect to the maximum 

allowable increases for TSP as in effect on the date the application was submitted. 

annual 

24-hour 

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 P%, in effect on March 18,2013 if: 

16.10.a The Secretary has determined a pennit application subject to this section to be complete on 

or bdore December 14, 2012. Instead, the requirements in subsection 9.1 shall apply with respect to the 

national ambient air quality etandarda for P&, in effect at the the the Secretary determined the permit 

application to be complete; or 

13 

None 

0.1 

0.25 

0.2 

10 10 

24-hour 

NA 

3moa 

24-hour 

1-hour 

I-hour 1-hour 
845-14-17. Public Review Procedures. 

17.1. At the time that an application for a construction, modification or relocation permit is filed, the 

applicant shall place a Class I legal advertisement in a newspaper of general circulation in the area where the 

source will be located. No permit shall be issued to my applicant until at least thirty (30) days notice has 

been provi&d to the public. The advertisement shall contain at a minimum, the name of the applicant, the type and location of the source, the type and mount of air pollutants praposed to be discharged, the nature 

of the permit being sought, the proposed start-up date far the source and a contact telephone number for more 

information 

17.2. After finishing the review of a complete application, the Secretary shall make a preliminary 

&te!rmhation whether a permit should be approved, approved with conditions, or disapproved. 

17.3. The Secretary ahall make available in at least one location in the region in which tho proposed 

source would be constructed a copy of all materials the applicant submitted (excluding data entitled to 

protedion as confidential infixmation under 45CSR31), a copy of the preliminary determination, and a copy 

or summary of other materiala, if any, considered in making the preliminary determination. 

17.4. The Secretary shall place a Class I legal advertisement in a paper of general circulation in the area 

where the proposed source would be constructed, modified, or relocated. The advertisement shall contain, 

as a minimum, the name of the applicang the type and location of the source, the proposed start-up date, the 

preliminary determination, the degree of increment consumption that is expected ffom the source or modification, notification of the opportunity for written public comment, pdsions for requesting a public meeting, details concerning the time and place of such a meeting if one is scheduled, and notification of the 

opportunity for comment at a public meeting if such meeting is to be conducted. A public comment period 

of tlu.rty (30) days shall be provided and so stated in the advertisement. 

17.5. The Secretary shall send a copy of the advertisement to the applicant, to the Administrator, and to 

officials and agencies having cognizance over the lowtian where the proposed construction would occur as 

follows: any other State or local air pollution control agencies, the chief executives of the city and county 

where the source would be located; any comprehensive regional land use planning agency, any State, and any 

Federal Land Manager, whose lands may be affected by emissions fiwn the source or rnodiiicdon. 

17.6. The Secretary shall consider public commenta submittedwithin thirty (30) days after the Secretary's 

public notification of an opportunity for comment upon a proposed construction or relocation of a major stationary source or major modification, and comments submitted within a specified period not to exceed 

fifteen (1 5) days after any public meeting to receive comment on such proposed construction, modification, 

or relocation before making a final decision on the approvability of the application. The Secretary shallmake copies of all comtnmb available for public inspection in the same locations where the Secretary made available preconatruction information relating to the proposed source or modification. 

17.7. The Secretary shal~~e a fd &teminationwhetherconstnrction should be approve4 approved 

with conditions, or disapproved. 
5

5

8, 

ub

c 

eet

gs. 

18.1. Public meetings to receive comments onpennit applicalions shall be held when the Secretary &ems 

it appropriate or when substantial interest is expressed, in writing, by persons who might reasonably be 

expected to be affiected by the proposed major source or major modification. 

18.2. The Secretary or the Secretary's designee shall preside over such meetings and ensure that all 

interested parties have ample opportunity to present comments. Such meetings shall be held at a convenient 

place as near as practicable to the location ofthe proposed major source or major modification. 

18.3. At a reasonable time prior to such meetings, the Secretary shall provide appropriate information 

to news media in the area where the proposed source m modification is to be located. 

g45-14-19. Permit Transfer, CancelIation and Responsibility. 

19.1. A pennittee may petition the Secretary fm a transfer of a pennit previously issued in accordance 

with this rule. The Secretary shall approve such permit transfer provided the following conditions are met: 

19.l.a. The permittee, in the petition, describes the reasons for the requested permit transfer and 

certifies that the subject source is in compliance with all the! prwisions and requirements of its permit, and 

19.1.b. The transferee provides written acknowledgment that it accepts and will comply with all the 

requirements, terms, and conditions as contained in the subject permit. 

19.2, The Secretary shall suspend or revoke a permit after eighteen (18) months from the date of 

issuance the holder ofthe permit cannot provide the Secretary, at the Sec~tary 's request, with written proof 

of a good faith effort that such canstruction, modification, or relocation has commenced and mmains ongoing. 

Such proof hall be provided not later than thirty (30) days after the Secretary's request. 

19.3. The Secretary may suspend, modify, or revoke the permit if the plam and specifications upon which 

the approval was based or the conditions established in the permit are not adhered to. Upon notice of the 

Secretary's intent to suspend, modi@ or revoke a permit, the permittee may request a conference with the Secretary in accordance with the pmvieions of W.Va. Code 522-5-5 to show cause why the permit should not 

be suspended, modified or revoked. 

19.4. Any owner or operator who constructs, moditiss or relocates any stationary source not in 

accordance with the application submitted pursuant to this rule or with the terms of any pennit to construct, 

modify or relocate, or any owner or operator of a source subject to this rule who commences construction 

after the effective date of this rule without applying for and receiving appraval hereunder, shall be subject 

ta appropriate enforcement action. 

19.5. Possession of a pedt does not relieve any peraon of the responsibility of complying with any and 

all rules of the Secretary or W.Va. Code § 22-1-1 et seq. 
Administrator or the Sec~tary, on the capacity of the source or moacation otherwise to emit a pollutant 

(such as a restriction on hours of operation), shall become subject to the requirements of this rule as though 

construction had not yet commenced on the source or modification. 

19.8. Except as otherwise provided in subdivision 19.fl.g the following specific provisions apply with 

respect to any regulated NSR pollutant emitted fiom projects at existing emissions uttitil at a major stationary 

source (other than pmjecb at a source with a PAL) in circumstancer~ where there is a reasonable possibility, 

within the meaning of subdivision 19.8.g that a project that is not a part of a major rnodificalion may result in a significant emissions increase of such pollutant, and the owner or operator elects to use the method specified in paragraphs 2.63.a. 1 through 2.63.a3 for calculating projected actual emissions. 

19.8.a. Before .beginning actual cons~on of the project, the owner ar operator shall document 

and maintain a record of the following infinmation: 

19.8.a. 1. A description of the proposed project; 

19.S.a2. Identification of the emissions unit(s) whose emissions of aregutated NSR pollutant could 

be aEected by the proposed project; and 

19.8.a.3. A description of the applicability test used to determine that the proposed project is not 

a major modification fm any regulated NSRpollutant, including the baseline actual emissions, the prajected 

actual emissions, the mount of emissions excluded under paragraph 2.63 .a.2 and an explanation for why such 

amount was excluded, and any netting calcula?ions, if applicable. 

19.8.b. If the emissions unit is an existing electric utility steam generating unit, before beginning 

actual constmction, the owner or operator shall pruvih a copy of the infinmation required under subdivision 

19.8.a to the Secretary. Nothinp; in subdivision 19.8.b shall be construed to require the owner or operator of 

such a unit to obtain any determination h the Secretary before beginning actual construction. 

19.8.c. The owner or operator shallmonitor the emisions of any regulatedNSRpollutant that could 

increase as a result of the project and that is emitted by any emissions unit identified in paragraph 19.8.n.l. 

The owner or operator shall calculate and maintin a record of the annual emissions, in tm per year on a 

calendar year basis, for a period of 5 yem following resumption of regular operations after the change, or 

for a period of 10 years following resumption of regular operations after the change if the project increases 

the &sign capacity of or potential to emit that regulated NSR pollutant at such emissions unit. 

19.8.d. If the unit is an existing electric utility steam generating unit, the owner or operator shall 

submit a report to the Secretary within 60 days aRer the end of each year during which records must be 

generated under subdivision 19.8.c setting out the unit's annual emissions during the calendar year that 

preceded submission of the report. 

19.8.e. If the unit is an existing unit other than an electric utility steam generating unit, the owner 

or operator shall submit a rqort to the Semtary if the annual emissions, in tons per year, fhm the project 

identified insubdivision 19.8.q exceedthe baseline actual emissions (as documentedmdmaintainedpmuatlt 
19.8.e. 1. The name, address and telephone number of the major stationary source; 

19.8.e.2. The annual emissions as calculated pursuant to subdivision 19.8.c; and 

19.8.e.3. Airy other information that the owner or operator wishes to include in the report (e.g., an 

explanation as to why the emissions differ fhm the preconstruction projection). 

19.8.f. A "mawmable possibility" under subsection 19.8 occurs when the owner or operator 

calculates the project to result in either: 

19.8.f.l. A projected actual emissions increase of at least 50 percent of the amount that is a 

"significant emissions increase," as defined under subsection 2.75 (without reference to the amount that is a siefioant net emissions increase), for the regulated NSR pollutant; or 

19.H.f.2. A projected actual emissions increase that, added to the amount of emissiom excluded 

un&r paragraph 2.63.a.3, sums to at least 50 percent of the amount that is a "significant emissions increase," 

as definedunder subsection 2.75 (without ref~mce to the amount that is a significant net emissions increase), 

for the regulated NSR pollutant. For a project for which a aso on able possibility occurs only within the 

meaning of this paragraph, and not also within the meaning of paragraph 19.8.f.1, then provisions under 

subdivisions 19.8.b through 19.8.e do not apply to the project. 

19.9. The owner or operator ofthe source shall make available the idomtion requiredto be documented 

and maintained pursuant to subsection 19.8 for review upon a request for inspection by the Secretary or the 

general public pursuant to the requirements contained in 45CSR30. 

w5-14-20. Disposition of Permits. 

20.1. In the event that the Secretary pnmulgates changes to this rule or in the event of a redesignation 

of an attainment or non-attainment area (in accordance with 5 107 of the CAAj prior to final disposition of 

a permit, the Secretary shall make final dispohlition dthe permit application in accordance with such newly 

promulgated standards or redesignation. 

845-14-21. Conflict with Other Permitting Rules. 

21.1. For sources required to obtain a pennit under this fie, the provisions of 45CSR13 requiring a 

penmit do not apply, so that only a single pennit is required; provided, however, that: 

2 1.1 .a. The base permit application fee of $1,000 pussuant t~ 45~~~22, subdivision 3.4.a shall apply 

to such sources in addition to other applicable fees; and 

21.1.25. Any pennit issued under this do includes C~~diti~ns that ensure compliance with the 

provisions of 45CSR13 to the extent applicable to any regulated air pollutant (as defined in 45CSR13) not 

othetwise covered mder this de. 
25.1. Applicability. 

25.l.a. The Secretary may appme the use of an actuah PAL for any existing major stationary 

source ifthe PAL meeb the requirements in subsections 25.1 through 25.15. The term "PAL" shall mean 

"actuals PAL" throughout section 25. 

25.1.b. Any physical change in or change in the methad of operation of a major stationary source 

that maintains its total source-wide cmiesions below the PAL level, meets the requirements in subsections 

25.1 through 25.15, and complies with the PAL permit: 

25.1.b. I. Is not a major modification for the PAL pollutant; 25.1.b.2. Does not have to be approved through the PSD program; and 25.1.b.3. Is not subject to the provisions in subsection 19.4 (restrictions on relaxing enforceable 

emission limitatians that the major stationary some used to avoid applicability of the major NSR program). 

25.l.c. Except ,t provide under paragraph 25.1.b.3, a major stationary aaurce shall continue to 

comply with all applicable Federal or State requirements, emission limitations, and work practice 

requirements that wm established prior to the effective date of the PAL. 

25.2. Definitions. -- For the purposes of this section 25, the definition in subdivision 25.2.a appliw. 

When a term is not defined in them paragraphs, it shall have the meaning given in section 2 or in the CAA. 

25.2.a. Allowable emissions means "allowable emissions" as defined in subsection 2.6, except as 

modified according to paragraphs 25.2.a.1 and 25.2.a.2. 

25.2.a.l. The allowable emissions for any emissions unit shall be calculated considering any 

emission limitations that are enforceable as a practical matter a the emissions unit's potential to emit. 

25.2.a.2. An emissions unit's potential to emit shall be determined using the ddhition in 

subsection 2.58, except that the words "or enforceable as a practical matter" should he added after "federally 

enficeable." 

25.3. Pennit application requirements. -- As part of a permil: application requesting a PAL, the owner or 

operator of a major stationary source shall submit the following information to the Secretary for approval: 
25.3.b. Calculations of the baseline actual emissions (with supporting documentation). Baseline 

ad emissions are to include emissions associated not only with operation of the unit, but also emissions 

associated with startup, shutdown, and malhction. 

25.3.c. The calculation procedures that the major stationary source owner or operator proposes to 

use to convert the monit~ng system data to mdy emissions and annual emissions based on a 12-mtmth 

rolling total fm each month as required by subdivision 25.13.a. 

25.4. General requiremen@ for establishing PALS. 

25.4.a. The Secretary is allowed to establish a PAL at a major stationary source, provided that at a 

minimum, the requirements in paragraphs 25.4.a.1 through 25.4.a.7 are met. 

25.4.a. 1. The PAL shall impose an annual emission limitation in tone per year, that is eafmeable 

as a practical matter, for the entire major stationary source. For each month during the PAL effective period 

aRer the first 12 months of establishing a PAL, the major stationary source owner or operator shall show that 

the sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive 

months is less thanthe PAL(a 12-month average, rolled monthly). For eachmonth during the first 11 months hm the PAL effective date, the major stationary source owner or operator shall show that the sum of the preceding monthly emissions &om the PAL effective date for each emissions unit under the PAL is less than the PAL. 

25.4.a2. The PAL shall be established in a PAL pennit: that meets the public participation 

requimments in section 17. 

25.4.a.3. The PAL permit shall contain all the requirements of subsection 25.7. 

25.4.a.4. The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions 

units that emit or have the potential to emit the PAL pollutant at the major stationary source. 

25.4.a.5. Each PAL shall regulate emissions of only me pollutant. 25.4.a6. Each PAL shall have a PAL effective period of 10 years. 25.4.a.7. The owner or operator of the major stationary source with a PAL shall comply with the 

monitoring, recordkeeping, and reporting requirements provided in subsections 25.12 through 25.14 for each 

emissions unit under the PAL through the PAL effective period. 

25.4.b. At no time during or after the PAL effective period are emissions reductions of a PAL 

pollutant that occur during the PAL effective period creditable as decreases for purposes of offieta pursuant 

to 45CSR19 unless the level of the PAL is reduced by the amount of such emissions reductions and such 

reductions would be creditable in the absence of the PAL. 

25.5. Public participation requirements for PALS. -- PALS for existing major stationary sources shall be 
25.6. Setting the 10-year actuals PAL level. 

25.6.a. Except as provided in subdivision 25.6.b, actuals PAL level for a major stationary source 

shall be established as the sum of the baseline stud emissions (as &fined in subsection 2.8) of the PAL 

pollutant: fix each emissions unit at the source; plus an amount equal to the applicable significant level for 

the PAL pollutant under subsection 2.74 or under the CAA, whichever is lower. When establishing the 

actuals PAL level, for aPAL, pollutant, only one consecutive 24-month p~od must be used to determine the 

baseline actual emissions for all exieting emissions units. However, a diffe~ent consecutive 24-month period 

may be used for each different PAL pollutant. Emissions associated with units that were pmanently 

shutdown after this 24monthperiod must be subtracted fnrm the PAL level. Emissions iimn units on which actual construction began idler the 24-month period must be added to the PAL level in an amount equal to 

the potential to emit ofthe units. Tfie Secretazy shall specm a reduced PAL level(s) (in tomtyr) in the PAL pennit to become effective on the future compliance &te(s) of any applicable Federal or State regulatory 

requirement(s) that the Secretary is aware of prior to issuance ofthe PAL pennit. For instance, ifthe source 

owner or operator will be required to reduce emissions from industtial boilers in halffiombaseline emissions of 60 ppm NOx to a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level that 

is equal to the current PAL level reduced by half of the original baseline emissions of such unit(s). 

25.6.b. For newly constructed units (which do not include modificatians to existing units) onwhich 

actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as 

specified in subdivision 25.6.q the emissions must be added to the PAL level in an amount equal to the 

potential to emit ofthe units. 

25.7. Contents of the PAL permit. - The PAL pennit must contain, at a minimum, the infiation in 

subdivisicms 25.7.a tlxrough 25.7 j. 

25.7.a. The PAL pollutant and the applicable source-wide emission limitation in tons per year. 25.7.b. The PAL permit flective date and the expiration date of the PAL (PAL effective period). 

25.7.c. Specification in the PAL pdt that if a major stationary source owner or operator applies 

to renew aPAL in accordance with subsection 25.10 before the end of the PAL effective paiod, then thePAL 

shall not expire at the end of the PAL effective period. It shall remain in effect until s revised PAL pennit 

is issued by the Secretary. 

25.7.d. A requirement that emission calculations for compliance purpoeres must include emissions 

hm startups, shutdowns, and malfunctim. 

25.7.e. A requkment that, once the PAL expires, the major stationary source is subject to the 

requirements of subsection 25.9. 

25.7f. The calculation procedures that the major stationary source owner or operator shall use to 

convert the monitoring system data to monthly emissions and annual emissions based on a 12aronthrolling 
25.7.h. A requirement to retain the records required under subsection 25 .I3 on site. Such records 

may be retained in an electronic format. 

25.7.i. A requirement to submit the reports requhd under subsection 25.14 by the required 

deadlines. 

25.7.j. Any other requirements that the Secretary deems necessary to implement and enforce the 

PAL. 

25.8. PAL effective period and reopening of the PALet. -- The requirements in subdivisions 25.8.a 

and 25.8.b apply to actuab PALS. 

25.8.a. PAL effective period. -- The Secretary shall specify a PAL effective, period of 10 years. 25.8.b. Reopening of the PAL permit. 

25.8.b.l. During the PAL, effective period, the Secretary must reopen the PAL permit to: 

25.8.b.l.A. Correct typographical or calculation errors made in setling the PAL or reflect a 

more accurate determination of emissions used to establish the PAL; 

25.8.b.l.B. Reduce the PAL if' the owner or operator of the major staticmay some creates 

creditable emissions reductions for use as offsets pursuant to 45CSR19; and 

25.8*b.l.C. Revise the PAL to reflect an increase in the PAL as provided under subsection 

25.11. 

25.8.b.2. The Secretary shall have discretion to reopen the PAL permit for the following: 

25.8.b.2.A. Reduce the PAL to reflect newly applicable Federal requirement8 (for example, 

NSPS) with compliance dates after the PAL effixtive date; 

25.H.b.2.B. Reduce the PAL consistent with any other requimment, that is enfomable as a 

practical matter* and that the State may impose on the major stationary source under the State Implementation Plan; and 

25.8.b.2.C. Reduce the PAL if the Secretary detexmines that a reduction is necessary to avoid 

causing or conhibuting to a National Ambient Air Quality Standard (NAAQS) or PSD increment violation, 

or to an adverse impact on an air quality related value that has been identified for a Federal Class I area by 

a Federal Land Manager and for which information is available to the general public. 

25.8.b.3. Except for the pennit reopening in subparagraph 25.8.b.l.A fix the correction of 

typographicaVcalculation mom that do not increase the PAL Id, all other reopenings shall be carried out 
25.9.a through 25.9.e shall apply. 

25.9.a. Each &saions unit (or each group of emissions units) that existed under the PAL shall 

comply with an allowable dsion limitation undm arevised pennit established according to the procedures 

in paragraphs 25.9.a.1 and 25.9.a.2. 

25.9.al. Within the the fiarne specified for PAL renewals in subdivision 25.10.b, the major 

stationary source shall submit a proposed allowable emission limitation for eachemissions wit (or eachgroup 

of emissions units, if such a distribution is more appropriate as decided by the Secretary) by dietributing the 

PAL allowable emissions for the major stationary source among eachof the emissions units that existed under 

the PAL. If the PAL. had not yet been adjusted for an applicable reqlrirement that became effective during 

the PAL effective period, as requiredundm subdivision 25.10.e, such distribution shalI be made as if the PAL 

had been adjusted. 

25.9.a.2. The Seamy ahall decide whether and how the PAL allowable' emissions will be 

distributed and issue a revised pennit incorporating allowable limits for each emissions unit, or each group 

of emissions units, as the Secretary detednes is appropriate. 

25.9.b. Each emissions unit@) shall comply with the allowable emission LimitaCon on a 12-math 

rolling basis. The Secretary may approve the use of monitoring system (source testing, emission factors, 

etc.) other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the allowable emission 

limitation. 

25.9.c. Until the Secretary issues the revised permit incorporating allowable limits for each 

emissions unif or each group of emissions units, as required under paragraph 25.9.a.2, the source shall 

continue to comply with a source-wide, multi-dt emissions cap equivalent to the level of the PAL emission 

limitation. 

25.9.d. Any physical change or change in themethod of operation at themajor stationary source will 

be subject to major NSR requirements if such change meets the definition ofmajor modifiEationin subsection 

2.40. 

25.9.e. The major stationary source owner or operator shall continue to comply with any State or 

Federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL 

effective period or prior to the PAL effective period except for those emission limitations that had been 

established pursuant to subsection 19.4 but were eSiminatd by the PAL in accordance with the provisions 

in paragraph 25.1.b.3. 

25.10. Renewal of a PAL. - The Secretary shall follow the procedures specified in subsection 25.5 in 

approving any request to renew a PAL, for a major stationary source, and shall provide both the proposed PAL 

level and a htten rationale for the proposed PAL level to the public for review and comment. Mng such 

public review, my person may propose a PAL level for the source for consideration by the Secretary. 

25.10.a. Application deadline. -- A major stationary source owner or operator shall submit a timely 
period, then the 

, s

a

co

t

ue to be e

ect

ve u

t

t t

e 

ev

sed pe

t w

t

t

e 

ewed 

s 

ssued. 

25.10.b. Application requirements. -- The application to renew a PAL permit shall contain the 

infomation required in paragraphs 25.10.c.l through 25.10.c.4. 

25.10.b.l. The infomation required in subdivisions 25.3.a through 25.3.c. 

25.10.b.2. A proposed PAL level. 

25. f 0.b.3. The sum of the potential to emit d all emissions units underthe PAL (with supporting 

documentation). 

25.10.b.4. Any other infomation the owner or operator wishes the Secretary to consida. in 

determining the appropriate level for renewing the PAL. 

25.10.~. PAL adjustment. -- In dekmhing whether and how to adjust the PAL, the Secretary shall 

consider the options outlined in paragraphs 25.10.61 and 25.10.d.2. However, in no case may any such 

adjustment fail to cornply with paragraph 25.10.d.3. 

25.10.c.l. If the Qnissions level calculated in accordance with subsection 25.6 is equal to or 

greater than 80 percent of the PAL level, the Secretary may renew the PAL at the same level withaut 

considering the factors set forth in paragraph 25.10.d.2; or 

25.1Q.c.2. The Secretary may set the PAL at a level that he or she determines to be more 

representative of the source's baseline actual emissions, or that he or she determines to be more appropriate 

considering air qudity needs, advances in control technology, anticipated economic growthin the area, desire 

to reward or encourage the source's voluntaty emissions reductions, or other factors as specifically identified 

by the Secretary in his or her written rationale. 

25.10.c.3. Notwithstanding paragraphs 25.10.d.l and 25.10.d.2: 

25.10.c.3.A. If the pokntial to emit ofthe major stationary source is less than the PAL, the 

Secretary shall adjust the PAL ta a level no greater than the potential to emit ofthe source; and 

25.10.c.3.B. The Secretary shall not approve a renewed PAL level higher than the cmnt PAL, 

unless the major stationmy source has complied with the pmvisiona of subsection 25.11 (increasing a PAL). 

25.10.d. If the compliance date for a State or Federal requirement that applies to the PAL source 

occurs during the PAL effective period, and if the Secretary has not already adjusted for such requirement, 

the PAL shall be adjusted at the lime ORAL permit renewal or title V permit renewal, whichever occurs fiat. 

25.1 1. Increasing a PAL during the PAL effective period. 

25.11.a The Secretary may increase a PAL emission limitation only if the major stationary source 
identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary 

source's emissians to equal or exceed its PAL. 

25.ll.a.2. As part of this application, the major stationary source owner or operator ahall 

demonstrate that the rn of the baseline actual emisdona of the small emissions units, plus the sum of the 

baseline actual emissions of the significant and major emissions units assuming application of BACT 

equivalent controls, plus the sum of the allowable emissions of the new or modified emissions unit@) exceeds 

the PAL. The level of control that would result from BACT equivalent conlrols on each significant or major emissions lmit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that 

was established within the preceding 10 years. In such a case, the assumed control level for that emissions unit shall be eqyal to the level of BACT or LAER with which that emissions unit must cmntly comply. 

25.11 .a.3. The owner or operator obtains a major NSR permit for all-emissim unit(s) identified 

in paragraph 25.1 l.a.1, regardleers of the magnitude ofthe emissions increase resulting from them (that is, no 

significant levers apply). These emissions unit(s) shall comply with any emissions requirements resulting 

hm the major NSR process (for example, B ACT). even though they have also become subject to the PAL 

or continue to be subject to the PAL. 

25.1 l.a.4. The PAL permit shall require that the increased PAL level shall be effective on the 

day any emissitma unit that is part of the PAL major modification becomes operational and begins to emit 

the PAL pollutant. 

25.11.b. The Secretary shall calculate the new PAL as the sum of the allowable emissions for each 

modified or new emissions unit, plus the sum of tb baseline actual emissions of the significant and major 

emissions units (assuming application of BACT equivalent controls as determined in-accordance with 

paragraph 25.11.a.2), plus the sum ofthe baseline actual emissions of the small emissions units. 

25.1 1.c. The PAL permit shall be revised to reflect the increased PAL level pursuant to the public 

notice requirements of subsection 25.5. 

25.12. Monitoring requirements for PALS. 

25.12.a. General requirements. 

25.12.a. 1. Each PAL permit must contain enforceable requirements for the monitoring system 

that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL pennit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation Additionally, the information generated by such system must meet minimum legal reqvirements for admissibility in a judicial proceeding to enforce the PAL permit. 

25.12.a.2. The PAL monitoring system must employ one or more ofthe four general monitorbig 

approaches meeting the minhumrequiremenh set forth in paragraphs 25.12.b. 1 through 25.12.b.4 and must 
25.12.a.4. Failure to use a monitoring system that meets the requirements of Fhia rule renders the 

PAL idid. 

25.12.b. Minimum perf'ce sequiremenb for approved monitoring approaches. The following 

are acceptable general monitoring approaches when conducted in accordance with the minimum requirements 

in subdivisions 25.12.c through 25.12.i: 

25.12.b. 1. Mass bf ance calculatim for a~tiviti es using coatings or solvents; 

25.12.b.2. CEMS; 

25.123.3. CPMS or PEhfS; and 

25.12.b.4. Emission factors. 

25.12.c. Mass balance calculations. -- An owner or operator using mass balance calculatiom to 

monitor PAL pollutant emissions hm activities using coathg or solvents shall meet the following 

requirements: 

25.12.~. I. Provide ademonstratedmeans ofvalidating the published content ofthePALpoUutant 

that is contained in or created by all materjals used in or at the emissions unit; 

25.12.c.2. Assume €hat tht ernissicme unit emits all of the PAL pollutant that is contained in or 

created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for 

in the process; and 

25.12.c.3. Where the vendor of a material or fuel, which is used in or at the emissions unit, 

a range of pollutant content hm such material, the owner or operator must use the highest value 

of the range to ~alculate the PAL pollutant emissions unless tlte Secretary determines there is site-specific data or a sitespecific monitoring program to support another content within the range. 

25.12.d. CEMS. An owner or operator wing CEMS to monitor PAL pollutant emissions shall meet 

the following requirements: 

25.12.d.l. CEMSmust comply withapplicable Performance Specifications foundin 40 CFRPart 

60, appendix B; and 

25.12.62. CEMS must sample, analyze and record data at least every 15 minutes while the 

emissions unit is operating. 

25.12.e. CPMS or PEW. An owner or operatm using CPMS or PEMS to monitor PAL pollutant 

emissions shall meet the following requirements: 
25.12.e.2. Each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, 

or at another less firequmt interval approved by the Secretary, while the emissions unit is operating. 

25.12.f. Emission factors. - An owner or operator using emission factm to monitor PAL pollutant 

emissions shall meet the following requirements: 

25.12.f.l. All emission factors shall be adjusted, if appropriate, to account for the degree of 

uncertainty or limitations in the factors' development; 

25.12.f.2. The emissions unit shall operate within the designated range of use for the emission 

factor, if applicable; and 

25.12.f.3. If technically practicable, the owner or operator of a significant emissions unit that 

relies on an emission factor to calculate PAL pollutant emissions sfiall conduct validation testing to ddemine 

a site-specific emission factor within 6 months of PAL permit issuance, unless the Secretary determines that 

testing is not required. 

25.12.g. A source owner or operator must record and report maximum potential emiirgions without 

considering dorceable emission limitations or operational restrictions for an emissions unit during any 

period of time that there is no monitoring data, unless another method for debmining emissions during such 

periods is specified in the PAL permit. 

25.12.h. Notwithstanding the requirements in subdivisions 25.12.~ through 25.12.g, where an owner 

or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter@) and the PAL pollutant emissions rate at dl operating points of the emisaions unit, the Secretary shall, at the time of permit issuance : 

25.12.h.l. Establish default value(s) for determiniag compliance with the PAL based m the 

highest potential emissions reasonably estimated at such operating point(s); or 

25.12.h.2. Dehnnhe that opmationofthe. emissions unit during operating conditions when there 

is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL. 

25.12.i. Re-validation. -- AU data used to establish the PAL pollutant must be re-validated through 

performance testing or other scientiflcalIy valid means approved by the Secretary. Such testing must occur 

at least once every 5 years after issuance of the PAL. 

25.13. Recordkeeping requirements. 

25.13.a. 'Ihe PAL pernit shall requi~ an owner or operator to retain a copy of all recorda necessary 

to determine compliance with any requirement of section 28 and of the PAL, including a &tenthation af 

each emissions unit's 12-month rolling total emissions, for 5 years &om the date of such record. 

25.13.b. The PAL permit shall require an owner or operator to retain a copy of the following records 
25.13.b.2. Each annual certification of compliance pursuant to title V and the data relied on in 

c-ing the compliance. 

25.14. Reporting md notification requirements. -- The owner or operator &all submit semi-annd 

monitoring reporb and prompt deviation reports to the Secretary in accordance with the applicable title V 

operating permit program. The reports shall meet the requhements in subdivisions 25.14.a through 25.14.c. 

25.14.a. Semi-amual report. -- The semi-annual report shall be submitted to the Secretary within 30 

days of the end of each reporting period. This report shall contain the infiiation required in paragraphs 

25.14.a.l through 25.14.a.7. 

25.14.a.l. The identification of owner and operator and the pecntit nwnber. 

25.14.a.2. Total annual emissions (tonsbear) baaed on a 12-month ding total for each month 

in the rep- period recorded pursuant t~ subdivision 25.13.a. 

25.14.a.3. AT1 data relied upon, including, but not limited to, any Quality Assurance or Quality 

Control data, in calculating the monthly and annual. PAL pollutant emissions. 

25.14.a.4. A list of any emissions units modified or added to the major stationary source during 

the preceding 6-month period. 

25.14.a.5. The number, duration, and cause of any deviations or monitoring malfunctions (other 

than the time associated with zero and span calibration checks), and any corrective action taken. 

25.14.a.6. A notification of a shutdown of any monitaing system, whether the shutdown was 

permanent or temporary, the reason for the shutdown, the anticipated date that the monit~ng system will be 

fully operational or replaced with another monitoring system, and whether the emissions unit monitored by 

the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the 

number determined by method included in the permit, as provided by subdivision 25.12.g. 

25.14.a.7. A signed statement by the responsible official (as defined by the 45CSR30-2.38) 

cer@hg the truth, accuracy, and completeness of the infinmation provided in the report. 

25.14.b. Deviation repolt. - The major stationssy source owner or operator shall promptly submit 

reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring is 

available. A report submitted pursuant to 45CSR30-5.l.c.3 shall eatis@ this reporting requirement. The 

deviation reports shall be submitted within the time limits prescribed by the applicable program implementing 

45CSR30-5.l.c.3. The reports shall contain the following infiation: 

25.14.b. 1. The identification of owner and operator and the pemit number; 

25.14.b.2. The PAL requirement that experienced the deviation or that was exceeded; 
the report. 

25.14.c. Re-validation msults. -- The owner or operator shall submit to the Secretary the results of 

any re-validation test or method within 3 months after completion of such test or method. 

25.1 5. Trdtion requirements. 

25.15.a The Secretary may not issue a PAL that does not comply with the requirements in 

subsections 25.1 through 25.15 aRer the effective date af EPA approval and promulgation of a revision to 

the WV SIP incorporating this mle. 

25.15.b. The Secretay m;ry supersede any PALthat was establishedplior to the effective date of EPA 

approval and promulgation of a revision to the W SIP incorporating this rule with a PAL that cornpries with the requirements of subsectiom 25.1 through 25.1 5. $45-14-26. Inconsistency Eetween Rules. 

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

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

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

condition, method or rule.