SIERRA CLUB 

WEST VIRGINIA CHAPTER 

P. 0 . Box 4142 

Morgantown, WV 26504 

July II , 20 11 

West Virginia Division of Air Quality 

Department of Environmental Protection, 

601 571h Street S.E., 

Charleston, WV 25304. 

Re: Comments on Air Rules. 

Please accept the fo llowing comments on behalf of the West Virginia Chapter of Sierra Club. 

I. 45-CSR-14. PSD Construction Permits. The terms" 2.9 "Baseline Area" and 2.42 "Baseline 

Date" do not appear to have any application outside of the Plantwide Applicability Limitations 

(PALs)? I don't seem to see them used anywhere else. How many fac ilities in West Virginia 

currently have PALs in their permits? How would this apply to something like the TransGas 

Coal-to-Liquids plant in Mingo County? We believe that it would make a lot more sense to get 

rid of these PALs. Applying pollution emission limits at each emission point would make it 

much simpler to monitor these emissions and identify the best control technologies. We 

recommend that this rule be revised to strike all reference to PALs. 

3) 45-CSR-1 8. Solid Waste Incinerators. This rule is extensively re-written and appears to 

open the door to out-of-state garbage incinerators. We are concerned that the changes weaken 

the rul e and do not preserve the earlier legislative intent to prohibit such technologies? We 

oppose the proposed changes as they are inconsistent with the WV Solid Waste 

Management hierarchy of promoting waste reduction, reuse and recycling. Air pollution 

rules should not authori ze practices that are prohibited elsewhere instate code. 

4) 45-CSR-30. Operating permits. 

Section 2.6 and 2.8. What is an "Alternative Operating Scenario" or an "Approved Replicable 

Methodology"? Why are these needed, and how would the agency enforce them (e.g., section 

5. 1 )? Would there be opportunities for public comment on either of these should an applicant 

choose to adopt them? We recommend that the rules be revised to delete these changes, or 

at a minimum, to allow public notice and comment on these before the agency approves 

their application at any facility. 

Not Blind Opposition To Progress, But Opposition To Blind Progress 

Section 2.43 defines "Subject to Regulation" but then exempts greenhouse gases under a wide 

range of scenarios (Act of Congress, Court Order, etc.). Why is this language included for 

greenhouse gases, and not for other pollutants subject to regulation? How do the repotiing 

requirements under Title V compare to those in the rule being proposed for de letion ( 45-42)? 

We recommend that this language be deleted from the final .-ule. 

Table 45-30C. Why is this Table being deleted? Where did it come from and to what does it 

refer? It does not seem to be referenced anywhere else in the rule? 

5) 45-CSR-42. To what extent is West Virginia going backwards by deleting this rule and 

relying solely on the federal counterpart? The goal needs to be to develop greenhouse gas 

monitoring, control, and emissions reductions, and almost every other state in the Northeast is 

ahead of West Virginia in this regards. We oppose deletion of the rule and r ecommend that, 

instead, DEP be pursuing additional greenhouse gas controls in the next legislative session. 

Thank you for the oppotiunity to comment. Please feel fi·ee to contact me if I can provide 

further information to clarify these comments. 

Sincerely, 

Energy Comm= ittee 

West Virginia Chapter 

304-594-3322 (home) 

304-293-8822 (office) 

jkotcon@gmai l.com 
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