FORM 4 -- SOTICE OF RL-LE ~IODIFIC.4TIOS OF -4 PROPOSED RrLE 

AGESCY Air Qualiv 

RULE TYPE Legislative AlfESDMEST TO ESISTISG RULE Yes TITLE-SERIES 45-14 

RULE XAlE Permits for Construction and Major Modification of Major Staticmap Sources for the 

Prerention of Significant Deterioration of Air Quality 

CITE AUTHORITk' 224-4 

THE ABOVE PROPOSED LEGISLATIYE RULES; FOLLOIYISG REVIEW BY THE LEGISLATI\-E RULE 11;1AKISG REVIEII' C'OMlIITTEE, IS HEREBY MODIFIED AS A RESULT OF REVIEIV ASD COM-MEST 

BY THE LEGISL-4fIImE RULE 1UKISG REl'IEIV COhfl9ITTEE. THE ATTACHED MOFIC'ATIOSS ARE FILED WITH THE SECRETARY OF STATE. 

BY CHOOSISG 'YES', I AlTEST THAT THE PREI'IOUS STATEMEST IS TRUE ASD CORRECT. 

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

accordance with West Virginia Code S29-4-3-11 and 53963-2. 

Pule Td: 5981 
AIR QUALlTY 

SERIES 14 

PERMITS FOR CONSTRUCTION AND MAJOR MODIFICATION OF 

MAJOR STATIONARY SOURCES FOR THE 

PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY 

1.1. Scope. -- This nxle establishes and adopts a preconstnrction pennit program in accordance with the 

policy of §lOl(b)(l) of the Clean Air Act (CAA), the purposes of 9160 of the CAA, and the pvention of 

significant deterioration of air quaIity requirements of 40 CFR 851.166. PreconsEruction pedts issued 

pwmt to this rule shall contain emission limitations and such other measura as may be necessary for the 

prevention significant deterioration of air quality. This rule provides: 

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

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

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

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

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

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

modification in any area classified as attaining National Ambient Air Quality Standards or unclarrsifiable in which the establishment of such source or modification may interfere with the goals of the prevention of 

significant deterioration of air quality levels; and 

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

&sired &me of plleservation of air quality for various areas and to set forth procedures for registration and 

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

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

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

rule. 

1.2. Authority. -- W. Va. Code 522-5-4. 1.3. Fili Date. -- Mala. 1.4. Effective Date. -- -.1.5. Federal Regulation. -- Unless otherwise indicated, where reference to a federal regulation or 

standard appears in this rule, such reguIation or standardwill, fm tke purpose of this rule, be construed as that 

version which was in effect as of June 1.2013. 

1.6. Former Rules. -- This legislative rule amends 45CSRl4 - "Permits for Construction and Major 

Modification of Major Stationary Sources for the Prevention of Sigdicant Deterioration of Air Quality" 
2.1. "Actual emissions" means the actual rate of emisshns of a pollutant hm an emissions unit, as 

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

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

apply for those purposes. 

2.1 .a. In general, actual emissions as of a particular date shall eqd the average rate, in tons per year, 

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

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

a different time puiod 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 of materials 

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

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

to the actual emissions of the unit. 

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

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

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

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

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

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

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

operational change did not result in an emissions increase. Alonger period, not to exceed ten (10) years, may 

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

source operations following the physical or operational change. 

2.2. "Actuals PAL" for a major stationary source means a PAL based w the baseline acid emissions 

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

or have the potential to emit the PAL pollutant. 

2.3. "Administratorn means the Administrator of the United States Environmental Protection Agency. 2.4. "Adverse impact onvisibility" meam 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, frequency and rime of visibility impairment, and how these factors correlate with (1) times ofvisitor 

use of the Federal Class I area, and (2) the frequency and timing of natural conditions 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 pollution" or "statutory air polldon" means and 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 
y 

g 

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

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

stringent of the following: 

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

2.7.b. The applicable State of West Vi-a emissions limitations orpermit conditions, includhgthose 

with a future compliance date; or 

2.7.c. The applicable federally enforceable emissions limitations orpe-t conditions, including those 

with a future 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 actual emissions means the 

average emissionrate, intons per year, at whi~hhhe unit actually emitted the pollutant during any consecutive 

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

owner or operator begins actual ~onstruction of the project. The Secretary shall allow the use of a different 

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

2.8.a. I. The average rate shall include fugitive emissim to the extent quantifiable, and emissions 

associated with startups, shutdowns, and rnabnctions. 

2.8.a.2. The averagerab shall be adjusted downward to exclude any noncompliant emissib 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 pollutant, when a projectinvolvesmdtiple emissions units, only one 

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

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

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

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

if required by paragraph 2.8.a.2. 

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

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

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

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

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

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

1990. 

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

consecutive 24-month period. 

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

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

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

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

the Administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only 

bc adjusted if the State has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of 45CSR19-8.6. 

2.8.b.4. For aregulatedNSRpollutant, whenaprojectinvolvesmultiple emissions units, only one 

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

units being changed. A different consecutive 24-month period can beused for each regulated 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 unit, the baseline actual emissions for purposes of detemking the 

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

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

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

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

other existing emissions unitsin accordance with the procedures contained in subdivision 2.8.b, and for a new 

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

2.9. Baseline ha. 

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

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

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

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

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

4 

Pollutant 

SQ 

NO2 

PM10 

m.5 

Air Quality Impact (annual average) 

1 &m3 1 &m3 1 pg/m3 

0.3 pg/m3 
2.9.b.2. Is subject to 40 CFR 852.21 or this rule, and would be constructed in the same state as 

the state proposing the redesignation. 

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

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

shall not remainin effect if the Secretary rescinds the companding minor source baseline date inaccordance 

with subdivision 2.42.d. 

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

at the time of the appIicable minor same baseline date. A baseline concentration is determined for each 

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

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

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

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

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

applicable maximum allowable increase(s): 

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

af€er the major source baseline date; and 

2.1 0.b.2. actual emissions increases and decreases at any stationary some occurring aAer the minor 

source baseline date. 

2.1 1. "Bagin actual constnxction" means, ingeneral, initiation of physical on-site construction activities 

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

instidlation of building supports and foundations, laying of underground pipework, and construction of 

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

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

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

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

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

detenniues is achievable for such source or modification hugh application of prodwtion processes or 

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

combustion techniques for control of such pollutant. In no event shalI application of best available control 

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

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

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

particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment 

work practice, operational standard or combination thereof, may be prescribed instead to satis* 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 
belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are 

under the control of the same person (or persons under common control). Pollutant-emitting 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 Classification Manual, 1987 (United States 

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

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

(November 15, 1990). 

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

precombustion, combustion, or post combustion stage, at a new orexisting facility which dl achieve 

sigdicant,reductions in air emissions of sulfi dioxide or oxides of nitrogen associated with the utilization 

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

1990. 

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

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

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

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

cost of the demonstration project. 

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

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

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

to be completed within a reasonable time; or 

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

modified without substantia1 loss to the owner or operator, to undertake a program of actual constructian of 

the source to be completed within a reasonable time. 

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

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

of pennit processing does not preclude the Secretary from requesf ng or accepting any additional infomation. 

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

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

change in actual emissions. 

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

required to meet the &ta 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 
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parameten (for example, control device secondary voltages and electric currents) and other information (for 

example, gas flow rate, 02 or C02 concentrations), and to record average operational parameter value(s) on a continuous basis. 

2.24. "Department of Environmental Protection" or "DEP" means the Department of Environtl~ental 

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

2.25. "Electric utility steam generating unit" means any steam electric generating unit that is constructed 

for the purpose of supplying more than one-third of its potential electric output capacity and more than 

twenty-five (25) MW electrical output Eo any utility power distribution system for sale. Any &am supplied 

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

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

the &ted facility. 

2.26. "Emission" means the release, escape or discharge of air pollutants into 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 electric utility steam generating unit as defined in 

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

2.27.a and 2.27.b. 

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

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

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

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

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

department with authority over such lands. 

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

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

approved West Virginia State ImplementationPlan, any permit requirements established purauant to 40 CFR 

$52.21 or this rule, and any operating permits issued under a program that is incorporated into the State 

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

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

chimney, vent or other functionally equivalent opening. 

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

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

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

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

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

following: . , 

2.37.a. Themost stsingent emissions limitationwhichis containedinthe implementation plan of any 

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

source demonstrates that such limitations are not achievable; or 

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

category ofstationary sources. This limitation, when applied to amodiiication, 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 permit a new or proposed new or modified stationary some to emit any pollutant in 

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

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 ofthe 

PAL pollutant in an attainment area; or 

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

is equal to or greater than the major source threshold for the PAL pouutant as defined by the CAA for nonattabment areas. For example, in accordance with the defmition 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 ozonc 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 defined in subsection 2.75) of 

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

pollutant bm the major stationary source. Any sigdicant emissions increase (as definedat subsection 2.75) 

from any emissions units or net emissions increase (as definedin subsection 2.44) at amajor stationary source that is significant for volatile organic compounds or NO, shall 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 repla~ement. 

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

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

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

2.40.e. 1. Prior to January 6,1975, the souroe was capable of accommodating such aIternative fbel 

or raw material, unless such change would be prohibited under any federafly enforceable permit condition 

which was established after January 6,1975 pursuant to 40 CF'R $52.21 or under any permit issued or order 

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

2.40.e.2. The source is approved to use the alternative fuel orraw materialunder any permit issued 

under 40 CFR 552.21 or under any permit issued or order entered pursuant to any rule of the Secretary. 

2.40f. .. An increase in the hours of operation unless suchincrease would be prohibited by a Federal 

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

Secretary. 

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

permit issued pursuant to 40 CEiR 552.21 or by any permit issued or order enteredpmuant to any rule of the 

Sec~etary. 

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

2.40.j. The installation, operation, cessation, or removal of n temporary clean cod technology 

demonstration project, pmvided that the project complies with.. 

2.40.j.l. The State Implementation Plan; and 

2.40.j.2. Other requirements necessary to attain and maintain the National Ambient Air Quality 

Standards during the project and after it is terminated. 

2.40.k. TheinstaIlationor operation of a permanent clean coal technology demonstration project that 

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

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

2.40.1. The reactivation of a very clean coal-fued electric utility steam gmerating 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 &fition at subsection 2.53 shall apply. 

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

NO,. 
2.42.a.l. In the case of PM,, and sulfur dioxide, Janllary 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 PM&,October 20,2010. 

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

stationary source or a major modification subject tothe requirements of 40 Ct;R 552.21 or tothis rule submits 

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

2.42.b.1. In the case of PM,, and suLfur dioxide, August 7, 1977, and 

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

2.42ib.3. In the case of PM,,, October 20,20 11. 

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

measures have been established if: 

2.42.c. 1. The area in which the proposed source or modification would constrVct 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 stationary source, the pollutant would be emitted in significant 

amounts, or in the case of a major modification, there would be a signtEcant 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 PMl0 increments, except that 

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

Secretary's satisfaction that the emissions increase fiom the major stationasy source, or the net emissions 

inmeaseftom the major modification, responsible for triggering that date didnot result in a significant amount 

of PM,, emissions. 

2.43. "Major stationary source" means: 

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

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

Fossil Fuel-fired Steam Electric Plants of More than 250 Million BWhr Heat Input, 

Cod Cleaning Plants (with thermal dryers), 

Kraft Pulp Mills, 

Portland Cement Plants, 

Primary Zinc Smelters, 
Municipal Incinerators Capable of Charging More than 250 Tons ofRefuse per Day, Hydroflouric, Sulfuric and Nitric Acid Plants, 

Petroleum Refineries, Lime Plants, 

* Phosphate Rock Processing Plants, 

Coke Oven Batteries, 

Sulk Recovery Plants, 

Carbon Black Plants (fimace process), 

Ptimary Lead Smelters, 

Fuel Conversion F'lants, 

Sintering Plants, 

Secondary Metal Production Plants, Chemical Process Plmts (which does not include ethanol production facilities that produce ethanol by 

natural fermentation included in NAICS codes 325193 or 31 2140), 

Fossil Fuel Boilers (or combinations thereof) Totaling More than 250 MilIion Btu/hour Heat Input, 

Petroleum Storage and Transfer Units with a Total Storage Capacity Exceedmg 300,000 Banels, 

Taconite Ore Processing Plants, 

Glws Rber Processing Plants, and Charcoal Production Plants; 

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

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

NSR pollutant; or 

2.43.~. Any physical change at astationary some, not otherwise qualifying under subdivision2.43.a 

as a major stationary source, ifthe change itself would constitute a major stationary source. 

2.43.d. A major source that is major for volatile organic compounds or NOx shall be consikred 

major for ozone: 

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

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

Table 1 

SOURCE CATEGORTES WHICH MUST INCLUDE FUGITIVE EMISSIONS 

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

Coal Cleaning Plants (with thermal dryers) 

KraRPulp Mills Portland Cement Plants -ry Zinc Smelters Iron and Steel Mjll Plants 

Primary Aluminum Ore Reduction Plants 

Primary Copper Smelters Municipal Incinerators Capable of Charging Greater Than 250 Tons of RefUseDay 
- Phosphate Rock Processing Plants 

Coke Oven Batteries 

Sulfur Recovery Plants 

Carbon Black Plants (furnace pmcess) 

Primary Lead Smelters 

Fuel Conversion Plants 

Sintering Plants Secondary Metal Production Plants 

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

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

Fossil Fuel Boilers (or combinations thereof) Totaling More Than 250 Million Btu/Hour Heat Input - Petroleum Storage and Transfer Unit. with a Total Storage Capacity Exceeding 300,000 Bmds 

Tacorrite Ore Processing Plants 

Glass Fiber Processing Plants 

Charcoal hduction Plants 

* Any other stationary source category which, as of August 7,1980, ia being regulated under $51 11 or 112 

of the CAA. 

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

as defmedunhr 40 CFX 560.25l(a) which process more than 200 tons per day shall count fugitive emissions 

from all "affected facilities" at the source. 

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

which are listed or identified as "affected facilities" in the applicable standard promulgated under 55 111 or 

112 of the CAA." 

2.44. "Major stationary source for ozone" means a major stationary gourca of volatile organic compounds 

or NO,. 

2.45. "Necessary preconstruction approvals or permits" means those permits or approvals requiredunder 

the CAA and rules promulgated under W.Va. Code 522-5-4. 

2.46. "Net emissions increase" means, with respect to my 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 fiom a particular physical change or change in the method of 

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

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

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

calculating increases and decreases under subdivision 2.46.b shall be determined as pmvided 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. Theincrease or decrease in actual emissions has not beenreliedupon by theunited States 

Environmental Protection Agency in issuing a pennit pursuant to 40 CFR 952.21; 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 hm the particular change occurs. 

2.46.e. The increase or decrease in actual emissions of particulatematter, sulfur dioxide, or nitrogen 

oxides which occurred prior to the applicable minor source baseline &te was required to be considered and 

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

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

emissions exceeds the old level; 

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

2.46.g. 1. The 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 enforceable and is enfmeable by the Secretq at and &er the the that 

the actual construction on the particular change begins; 

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

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

2.46.h. An increase that results fiom a physical change at a source occurs when the emissions unit 

on which construction occurred 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 (1 80) days. 

2.46.i. Subdivision 2.l.a shall not apply for determining creditable in~reases 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 SO and designated in 

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

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

uncombined water, emittedto the ambient air as measured by applicable mference methods, or an equivalent 

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

the Secretary which has been incorporated as part of the federally approved State Implementation Plan. A11 

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

2.49. "Person" means any and a11 persons, natural or artificial, including the State of West Virginia or 
2.50. "Plantwide applicability limitation(PAL)" means an emission Wtation expressed in tons 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. "PAL effective date" generally means the date of issuance of the PAL pennit. However, the PAL 

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

becomes operational and begins to emit the PAL, pollutant. 

2.52. "PAL effective period" means the period be-g with the PAL effective date and ending 10 years 

later. 

2.53. ' "PAL mjor modification" means, notwithatanding subsections 2.40 and 2.46 (the definitions for 

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

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

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

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

Secretary that establishes a PAL for a major stationq source. 

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

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

redesign, or substitution of less polluting raw materials, eliminates or reduces the release of air pollutants 

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

disposal; it does not mean recycling (other than certain '5n-process recycling" practices), energy recovery, 

treatment, or disposal. 

2.58. "Potential to emit" means the dum capacity of a stationary source to emit a pollutant under 

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

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

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

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

in any permit andor consent order issued by the United States Environmental Protection Agency or by the 

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

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

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

electric cmts) and other information (for example, gas flow rate, 4 or CO, concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis. 

2.60. "Prevention of Significant Deterioration (PSD) program" means a major source preconstructicm 

pennit program that has been apprwedby the Administrator and incorporated into the State Implementation 
2.62. "Project" means a physical change in, or change in the method of operation of, an existing major 

stationary source. 

2.63. "Projected actual emissions" means the rnaximummualrate, in tons per year, at which an existing 

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

following the date the unit resumes regular operation aRer 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 full 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 

construction), the owner or operator of the major stationary source: 

2.63.a. 1. Shall.consider allrelevantitlf~on, including but not limited to, historical operational 

data, the company's ownrepresentations, the company's expected business activity andthe 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 fugitive emissions to the extent qmtifiable, and emissions associated with 

startups, shutdowns, and malfunctions; and 

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

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

accommodated duringthe consecutive 24-month period usedto establish the baseline actual emissions under 

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

product demand growth; or 

2.63.4.4. jn lieu of using the method set out in paragraphs 2.63.al 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 avery clean coal-fired electric utility steam generating unit" means any physical 

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

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

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

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

inventory at the time of enactment; 

2.64.b. Was equippedprior to shutdown with a continuous system of emissions control that achieves 

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

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

2.64.c. Is equipped with ~ow-NO, burnen 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 promulgatectdnct 

aa a 

. . . . 

s. ThmmvIw 

mms includes. but is not limited to. &following: 

2.66.a.l. m, emissions. and PM,, emissions shall include gaseous emissions hm a source or 

activitv which condense to form oarticulatematter at ambient temoeratures. On or after January 1.201 1. such, 

condensable uartjculate matter shall be accounted for in ap~ficabilitv determinations and in establishune, 

=missions limitations for Ph4,, and PM,, in PSD ~errrtits. Corn~liance with emissions limitations for PW., and Pw1, issued mior to this date shall not be based on condensable ~arlicular matter unless reauired bv We 

tenns and conditions of the uermit or the amlicable implementation plan. Amlicabilitv determinations made 

prior to this date without accounting for condensable narticular matter shall not be considered in violation unless the amlicable imolementation elan reuuired condensable oarticuIar matter to be included; 

2.66.a.2. Any ~ollutimt identified under this ~araarauh as a constituent or mecursor to a pollutant 

for which a national ambient air aualitv standard has been womul~ated. Precursors identified bv the 

Adminisirator for Dumoses of NSR are the follow- 

%6z& 2.66.a.2.A. volatile organic compounds and nitrogen oxides are precursors to ozone in 

all attainment and unclassifiable areas. 

+i%&a5? 2.66.a.2.B. Sulfur dioxide is a precursor to PM,, in all attainment and unclassitiable 

areas. 

-2.66.a.2.G xtrogen oxides are presumed to be precursors to PM,, inall attainment and 

unclass~b1e areas, unless the Secretary demollstrates to the Adtninistrator's satisfaction or EPA 

demonstrates that emissions of nitrogen oxides fiom sources in a specific area are not a significant contributor 

to that area's ambient PM,, concentrations. 

2.66~2.D. Volatile organic compounds are presumed not to be precumors to Ph$, in 

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

or EPA demonstrates that emissions ofvolatile organic compounds h sources in a specific area are a 

signifioant comibutor to that area's ambient PW, 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. Arry pollutant that othhse is subject to regulation under the CAA as defhedin subsection 

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

$1 08 of the CAA. 

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

boundaries. 

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

through 2.68.dare met. No creditable emissionreductions shall be generatedhm shuttjng down the existing 

emissions unit that is replaced. 

. - 

2.68.a. The emissions unit is a recrmatnu:ted unit within the meaning of 40 CPR §~1.15(bXl), n' 

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

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

2.68.c. The replacement does not change the basic design parameter(s) of the process unit; and 

2.68.d. The replaced emissions unit is permanently =moved fiom the major stationary source, 

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

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

emissions unit. 

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

coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined 

cycle, magnetohydrodynamics, direct 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 controlling multiple combustion emissions 

simultaneously with improved boiler or generation efEiciency and with significantly greater waste reduction 

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

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

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

2.69.b. The Secretary shall give expedited consideration to pht applications for any source that 

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

2.70. [Reserved] 

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

source is projected to emit a pollutant for the two-year period after a phy sicaI change or change in the method 

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

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

considering the effect any such change will have on increasing or decreasing the hourly emissions rate and 
the company's own representations, filings with the State or Federal regulatory authorities, and compliance 

plans under Title n! of the CAA, and 

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

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

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

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

particular change, including any increased utilization due to the rate of elec~city demand growth for the 

utility system as a whole. 

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

operation of a major stationary some or major modification, but do not come fbm the major stationary 

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

&fined, quantifiable, andimpact the same general area as the stationary source or modification which causes 

the secondary emissions. Secondary emissions include, but are not limited to emissions from any of£-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 fiom a mobile source, such as emissions krn the tailpipe of a 

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

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

Va. Code gg22-1-6 or 22-1-8. 

2.74. "Significantw means: 

2.74.a. In reference to a net emission increase or the potential of a source 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 Rate 

(tons per year) 

Carbon monoxide: 100 ~PY 

Nitrogen oxides: 40 tPY 

Sulfur dioxide: 40 tPY 

Particulate matter: 25 tPY 

PM,,: 15 tpy m2.3 : lo m' 

of direct P&, emissions 

pW2.5: 40 m' of SO, enrissions 
Ozone: 40 rpY 

of VOC or NOx 

Lead: 0.6 tpy 

m 

Fluorides: 3tPY 

Sulfuric acid mist: 7 tPY 

Hydrogen sulfide mS): 10 WY 

Total reduced sulfur: 10 fPY 

(including 6s) 

Redwed sulfur compounds 10 tpy 

(incldng HzS): 

Municipal waste combustor organics (as total tetra- through octachlorinated 3.5~10'~ tpy 

dibenzop-dioxins and dibenwfurans): 

Municipal waste combustor metals (as particulate matter): 15 tpy 

Municipal waste combustor acid gases (as the sum of SO, and HCl): 40 @Y 

Municipal solid waste landfill emissions (as nomnehne organic compounds): 50 WY 

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

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

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

associated with a major stationary some or major modXcation, which would construct within ten (10) 

kilometers of any ClaseI area, and have an impact on such area equal to or greater than 1 pg/m3 (twenty-four 

(24) hour average). 

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

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

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

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

as a major emissions unit as defined in subsection 2.39. 

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

as follows: 

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

pollutant in an amount less than the signscant level for that PAL pollutant, as defined in subsection 2.74 or 

in the CAA, whichever is lower. 

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

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

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

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

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

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

limit or restrict the quantity of emissions of that pollutant released from the regulated activity. Except that: 

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

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

perfluorocarbons, and sul.fur heduoride, shall not be subject to regulation except as provided in 

subdivisions 2.80.d and 2.80.e. 

jg

2.80.b. For purposes of subdivisions 2.8O.c through 2.80.e, the term tpy CO, equivalent emissions 

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

302 

pM10 NO2 

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

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

of 40 CFR Part 98 - Global Warming Potentials. 0 2l, 2C: 

2.80.b.2. Sum the resultant value fiom parapaph 2.80.b.I for each gas to compute a tpy C02e. 

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

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

- 

1.0 25.0 1.0 

1 .o 

Ambient Air Concentration Increase (mg/d) 

5.0 5.0 

CO I I 0.5 I I 2.0 
2.80.d Beginning January 2, 2011, the pollutant GHGs is subject to regulation if . 

2.80.d. I. The stationary 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 CO,e or more; or 

2.80.d.2. The stationary source is anexisting major stationary source for aregulated NSRpollutant 

that is not GHGs, and also will have an emissions increase of a regulated NSR pollutanty and an emissions 

increase of 75,000 tpy C0,e or more; and, 

2.80.e. Beginning July 1, 201 1, in addition to the provisions in subdivision 2.80.4 the pollutant 

GHGs shall also be subject to regulation: 

2.80.e.l. At anew stationmy source that will emit or have the potential to emit 100,000 tpy C0,e; 

or 

2.8O.e.2. At an existing stationary source that emits or has the potential to emit 100,000 tpy CO,e, 

when such stationary source wdertakes a physical change or change in the method of operation that will 

result in an emissions increase of 75,000 tpy C0,e or more. 

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

requirements set forth in subdivision 2.80.g., the preconsrtuction pemit requirements of this rule shall not 

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

regulationunderthe otherwise applicable federal prevention of significant deteiorationrequirements sd forth 

in 40 CFR 551.165: 

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

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

2.80.f.3. A Presidential Executive Order; 

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

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

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

alf appeaIs and petitions regarding the final order are complete and have upheld the relevant detehtion(s). 

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

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

set forth in subdivision 2.80.g.; or 

2.80.f.S. An order of the United States Supreme Court. 

2.80.g. The exemption set forth in subdivision 2.80.f. ahall become effective. after the Secmtary 

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 justifling the exemption. 
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 after the project is terminated. 

2.84. "US EPA" means the United States Environmental Protection Agency. 2.85. "Volatile organic compounds (VOC)" is as defined in 40 CFR §51.100(s). 

545-1.43. Applicability. 

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

defined in subsection 2.43) or-any proposed 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.: The requirements of sections 7 through 13 and sections 17 through 19 apply to the construction of 

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

as this rtile othemke provides. 

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

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

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

requirements. 

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

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

provisions set forth in subdivisions 3.4.a through 3.4.2 

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

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

pollutant if it causes two types of emissions increases -- a significant 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 sigdicant 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 signEtcant net emissions increase. 

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

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

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

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

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

any suchpreconstructionpj~cti~ll~, amajor modification results ifthe project causes a significant emissions 

increase and a significant net emissions increase. 
(

)

g 

q

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 anew emissions unit@). -- 

A significant emissions increase of aregdated NSR pollutant is projected to occur if the sum of the difference 

between the potential to ernit (as &fined in subsection 2.58) from each new emissions unit following 

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

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

3.4.e. [Reserved] 

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

increase of a regulated NSR pollutant is projected to occw if the sum of the emissiom in~reases for each 

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

eachemissions unit, foreachtype of emissions unit equals or exceeds the significant amount for hat pollutant 

(as defined in subsecticnt 2.74). 

3.5. For any major stationary source subject to aPGLforaregulatedNSRpoflutant, the major stationary 

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

545-14-4. Ambient Air Quality Increments and Ceilings. 

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

those listed below: 

Maximum Allowable Pollutant Concentration Increase cwer Baseline Concentration 

(Wm3) 

Class I Areas 

- 

Particulate matter: 

PM,,, Annual arithmetic mean I PN,, 24-hour maximum 2 PM,,, Annual arithmetic mean 4 

PM,,, 24-hour maximum 8 

Sulfur dioxide: 

Annual arithmetic mean 2 

24-how maximum 5 3-hour maximum 25 

dioxide: 

Annual arithmetic mean 2.5 

Class I1 Areas 
PM,,, Annual arithmetic mean 17 

, PM,,, 24-hour maximum 30 

Sulfur dioxide: 

Annual arithmetic mean 20 

24-hour maximum 91 

3-hour maximum 5 12 

Nitrogen dioxide: 

Annual arithmetic mean 25 

Class III 

Particulate matter: 

Pq,, Annual arithmetic mean 8 

Pw,,, 24-hour maximum 18 PM,,, Annual arithmetic mean 34 PM,,, 24-hour maximum 60 

SW dioxide: 

Annual arithmetic mean 40 24-hour mdnum 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 dMng one (1) such period per year at any one location. 

4.3. No pollutant concentration shall exceed any primary or secondary air quality standard promulgated: 

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 as Class I Areas; 5.2. The Spruce Knob-Seneca Rocks National Recreational Area, the Cranberry National Wit&mess, 

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

5.3. The remainder of the State of West Virginia is designated as a Class IT Area. 

845-14-6. Prohibition of Dispersion Enhancement Techniques. 
545-14-7. Registration, Reporting and Permit Requirements far Major Stationary Sources and 

Major Modifications. 

7.1. No person shall allow the construction or relocation of any major stationary some or a major 

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

unclassifiable under $107 of the CAA, without notifying the Secretary of such intent and obtainkg prior to 

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

mod*, or relocate the major statiomy source or major moddication as herein provided Ethe area in which 

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

~nattainment under 5 107 of the CAA, as amended, for any pollutant which the source or modification would 

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

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

pollutant. 

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

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

to determine whether such source constnctiq modification, or relocation will be in conformance 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 description of the nature, location, design capacity, and typical operating schedule of the 

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

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

... 

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

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

available control technology as applicable would be applied; 

7.2.d. The air qdty impact of the source or modification, including meteorological andtopographical 

data necessary to estimate such impact; and 

7.2.e. The air quality impacts and the nature and extent of any or a11 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 construction, modification, or relocation, and operation of the major stationary source 

or major modification in accordance with applicable des of the Secretary, the permit application, and any 

permit issued pursuant to this de. 

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 
7.5. W~thin six (6) months of the receipt of a complete permit application for construction or relocation 

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

Secre.tary detennines that the proposed major stationary source or major modification has not satisfied the 

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

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

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

modificatioq or relocation. 

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

stationary source or major modification, the order hall set forth the Secretary's reasons with reasonable 

specificity. 

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

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

periodic progress or operation rkports, the provisions of a suitable sampling site, the installation of pollutant 

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

845-14-8. Control Technology Requirements 

8.1. Any person proposing to consl~~ct or relocate a major stationary source or major modifxation shall 

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

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

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

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

8.3. Any personproposing a majormodiflcation of a stationary source shall apply best available control 

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

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

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

in the method of operation in the unit. 

8.4. For any proposedconstruction of a major stationary some or major modillcation which is a phased 

co118truction project, the determination of best available control technology shall be reviewed and modjfied 

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

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

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

detemination of be~t available control technology for the source. 

545-14-9. 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 amajormodification shall demonstrate that allowable emissionincreasa fiomthe proposed source 

or modscation, in conjunction with all other applicable emission increases or reductions (including 
9.1 .b. Any applicable maximum allowable increase over the baseline concentration in any arca. 

545-14-10. Modeling Requirements. 

. , 

1.0.1. All estimates of ambient concentrations required under section 9 shali be based on the applicable 

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

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

Quality Models)is inappropriate, themodelmay be modified or another model substituted, provi&dW said 

modification or substitution is approved in writing by the Administrator. 

545-14-11. Air Quality Monitoring Requirements. 

1i.l. Any person proposing to construct or relocate a major stationary source s'~ provide an anaIysis 

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

would have the potential to emit in a significant amount 

11.2. Any person proposing to make amajor modification to a stationary source shall provide ananalysis 

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

it would result in a significant net emissions increase. 

11.3. For those polIutants for which no National or West Virginia Ambient Air Quality Standard exis$, 

the analysis shall contain such air quality monitoring data as the Secretq determines is necessary to assess 

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

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

standard does exist, the analysis shall contain continuous air quality monitoring data gathered for putposes 

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

or any maximum allowable increase. 

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

one (1) year and shall represent the year 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 
11.6. Any person proposing to construct or relocate a major stationary source or make a major 

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

monitoring as the Secretary detelmines is necessary to determine the &ect emissions f?cm the stationary 

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

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

B of 40 CFR Past 58 during the operation of the monitoring stations. 845-14-12. Additional Impact Analysis Requirements 

12.1. Any persdn proposing to construct or relocate a major stationary source or make i major 

modification shall provide: 

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

ofthe source or modification andgeneral connmercial, residential, indushid, and other growth associated with 

the source or modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial or recreational value; and 

12.1.b. An analysis of the air quality impact pmjectedfor the area as a result ofgeneral commercial, 

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

565-14-13. 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 source or major modificationimpacting a Class I area and provide 

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

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

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

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

for management of any lands within any such area. Such notification shall include a copy of all information 

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

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

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

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

the preliminixy determination required under subsection 17.2, and shallmake available to them any materials 

used in making that determination, prompdy after the Secretary makes such determination. Fidly, the 

Secretary shall also not@ all affected Federal land managers within 30 days of receipt of any advance 

notification of any such pennit application. 

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

responsibility for management of suchlands has an afEmative 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 an adverse impact on such values. 
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resulting from emissions fiom such source or modification would not cause or contribute to kncentrations 

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

demofistration, the Secretary shaII deny the pennit to construct 

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

to the Fe&ral Land Manager that the emissions hrn such source or modification would have no adverse 

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

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

to concentrations which would exceed the maximum allowable increase$ for a Class I area. Ifthe Federal 

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

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

emissicm limitations as may be necessary to assure that emissions of sulfw dioxide, Pw,, FM,,, and nitrogen 

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

concentration for such pollutants: 

Maximum Mowable Pollutant Concentration Increase over Minor Source Baseline Concentration 

(dm3) 

Particulate Matter: 

I)&.,, Annual arithmetic mean 4 P&,, 24-hr maximum 9 PM,,, Annual arithmetic mean 17 PM,,, 24-hr maximum 30 

Sulfur dioxide: 

Annual arithmetic mean 20 

24-hr maximum 91 3-hr lnaxhum 325 

Nitrogen dioxide: 

Annual arithmetic mean 25 

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

in 40 CFR $§51m166(p)(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(p)(4), (5), (6), and (7) are met and written notification of variance in accordance with said section(#) is provided to the Secretary. 

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

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

petition the Secmtary to appmve a system of innovative control technology in lieu of best available control 

technology. Any such proposed i~ovative control technology shall meet the following conditions: 

14.l.a. The proposedcontrol system wouldnot cause or contribute to anunreasonable risk to public 

health, weIfare, or safety in its operation or function; 
14.l.c. The source or modification would meet requirements equivalent to all requirements of this 

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

meet; 

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

14.1.d. 1. Not cause or contribute to any violation of an applicable National Ambient Air Quality 

Standard; 

14.1.d.2. Not impact any area where an applicable increment is known to be violated; 14.1.d.3. Meet all other applicable requirements including those for public participation; and 

14.1.e. The provisions of40 CFR §51.166(p) (relating to Class I areas) have been satisfied with 

respect to all peri~ds during the life of the some or modification. 

14.2. The Secretaxy shall consult with the gavemor(s) of other state(s) and the Federal Land Manager(s) 

of areas impacted by the proposed source or modification. 

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

-Manager@), may make a determination that the source or modification would be employing innovative 

control technology. 

14.4. The Secretary shall specify a date by which the source or modification must meet the requirements 

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

or seven (7) yem &om permit issuance. 

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

made under this section 14 if: 

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

reduction rate; or 

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

risk to public health, welfare, or safety; or 

14.5.c. The Secretaq decides at any time that the proposedsystemis unlikely to achieve the required 

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

14.6. If the source or modXcation fails to meet the required level of continuous 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 ofa demonstrated system of cont~ol. This date 

shall not exceed three (3) years from the date of the end of the specified time period or the date that the approval is withdrawn, whichever is earlier. 
15.1.a. Concentrations attributable to the increase in emissions ftom stationary sources which have 

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

sections 2(a) and @) of the Energy Supply and EnvironmentaI Coordination Act off 974 (or any superseding 

legislation as of the effective date of this rule) over the emissions from such sources before the effective date 

of such an order; .. . 

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

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

over the emissions from such sources before the effeotive date of such plan; 

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

comtructiw or other temporary emissionalated activities of new or modified sources; and - 

15.1.d. ' Concentrations athibutable to the temporary increase in emissions of adfur dioxide, 

particulate matter, or nitrogen oxides fiom stationary sources so long as such exclusion meets the folIowing 

requirements: 

15.1.61. The temporary emissions increase of sulfur dioxide, particulate matter or nitrogen 

dioxides does not exceed two (2) years in duration; 

15.1.d.2. The exclusion period far the temporary emissions increase is not renewable; and 

15.1.d.3. The exclusion allows no emissions increases from a stationary sburce which would: 

15.l.d.3.A. Impact a Class I area or an area where an applicable increment is known to be 

violatad, or 

15.l.d.3.B. Cause or contribute to a violation of a National Ambient Air Quality Standard. 

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

specified in paragraph 15.l.d.1, which ensures that the emissions levels fiom stationary sources would not 

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

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

the order to which subdivision 15.l.a refers or the plan to which subdivision 15.1.b refers, whichever is 

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

after the later of such effective dates. 

845-14-16. Specific Exemptions 

16.1. A non-profit health or non-profit educational institution 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. 
y 

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Table. 1 may petition the Secretary for exemption hm the requirements of subsections 8.2, 8.3, 8.4 and 

sections 9,11 and 12. 

16.3. Any person proposing to relocate a source or modification that is aportable stationary source which 

has previously received a permit under this rule may petition the Secretary for an exemption fmm the 

requirements of subsections 8.2, 8.3 and 8.4 and sections 9, 11 and 12. The Secretary shall grant this exemption if the following conditions are met: 

16.3.a. The source proposes to relocate and hssions of the source at the new location would not 

exceed two (2) years; 

16.3.b. - The emissions hrn the source would not exceed its allowable emissions; 

16.3.c. The emissions fiom 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 idenrifies the proposed new location and the probable duration of operation at 

the new location; and 

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

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

16.4. ~e~uirements equivalent to those contained in subsections 8.2, 8.3 and 8.4 and sections 9, 11 and 

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

owner or operator demonstrates that, as to that pollutant, the source -or m~cation is located in an area 

designated as nonattainment under €J 107 of the CAA. 

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

modification may petition the Secretary for an exemption fi-om the requirements of sections 9 through 12 with respect to a particular pollutant and the Secretary shall grant such exemption, if rhe allowable emissions of 

that pollutant from a new source, or the net emissions increase of that pollutant fimn a momcation, 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 mom a major stationary source located in a Class 11 area that was in 

existence prior to March 1, 1978 may petition the Secretary for an exemption bin the requirements of 

sections 9, 11 and 12 as they relate to any maximum allowable increaae for a Class II area. The Secretary 

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

the modification after the application of best available control technology would be less than fifty (50) tons 

per year. 

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

modification may petition the Secretary for an exemption hm the requirements of section 11 with respect 

to a particular pollutant if: 
16.7.b. The applicant demonstrates that the concentrations ofthe pollutant in the ma that the source 

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

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

16.8. The permitting requirements contained in subdivision 9.l.b do not apply to a stationary source or 

moclijication with respect to any maximum allowable increase for nitrogen oxides if the owner or operator 

of the source or modification submitted an appliclLtion for a permit to the Secretary before the provisions 

embodying the maximum allowabIe increase took effect as part of the plan and the Secretary subsequently 

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

Table 2 - De Minimis Air Quality Impacts 

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

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

Pollutant 

Carbon Monoxide 

Nitrogen Dioxide 

w3- PMIO 

Sulfur Dioxide 

Ozone1 

Lead 

Fluorides 

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

to the Secretary before the provisions embodying the maximum allowable increases for PM,, took effect as 

part of the plan, and 

Concentration 

(M51m3) 

575 

14 

+ 

10 13 

None 

0.1 

0.25 

Averaging Time 

8-hour 

annual 

. 5hbhutw 

24-hour 

24hour 

NA 

3-month 

24-hour 

Hydrogen Sulfide 

Total Reduced Sub 

Reduced Sulfur Compounds ' No & miuiiis air quality Iwel is provided for ozone. However, my net emissions incresse of 100 tons pa yw or more ofvolatile organic compounds nnihogen oxidessubjcct to PSDwould berequired to paform ambient imp& analysis, including thegathering ofair quality data 

0.2 

10 

10 

1-hour 1-hour 1 -hour 
16.10. Tfie reauirements of subsection 91 shaU not amlv to a staiionarv some or modification with 

resuect to the national ambient air aualitv standards for PI%. in effect on March 18.2013 5 

16.30.a The Secretarv has detamined a nmnit amlication subiect to this section to be comulete on 

or before December 14. 2012. Instead the reauirernents in subsection 9.1 shall amlv with resuect to the 

national ambient air aualitv standards for PM,., in effect at the time the Secretarv detemined the permit 

aunlication to be coaete: qg 

16.10.b. The Secretarv has kt ~ublished before March 18,2013 a ~ublic notice of a weliminarv 

detemthati~ for the vermit amlication subiect to this section. Instead the reaizirements in subsection 9.1 

shall amlv with resmct to the national ambient air aualitv standards for PM, in effect at the time of first 

publication of a public notice on the tlreliminarv determination. 

845-14-17. , Public Review Procedures. 

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

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

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

been provided to the public. The advertisement shall contain at a minimum, the name of the applicant, the type and location of the source, the type and amount of air pollutants proposed to be discharged, the nature 

of the permit being sought, the proposed start-up date for the source anda contact telephone number formore 

information. 

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

&termination whether a permit should be apprcwed, apptoved with conditions, or disapproved. 

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

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

protection as confidential infinmation under 45CSR31X a copy of the preliminary determination, and a copy 

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

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

where thc pmposed source would be consbucted, modified, or relocated. The advertisement shall cantah, 

as a mhhum, the name of the applicant, the type and location of the source, the proposed start-up date, the 

preliminary determination, the degree of increment consumption that is expected &om the source or 

modification, notification ofthe opportunity for written public comment, provisions for requesting a public 

meeting, details concerning the rime 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 thirty (30) days shall be provided and so stated in the advertisement. 

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

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

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

where the source would be located; any ~omprehensive regional landuse planning agency, any State, and any 
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 spec$ed period not to exceed 

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

or relocation before making a final decision on the approvability of the application. The Secretary shall make 

copies of all comments available for public inspection in the same locations where the Secretary made 

available preconstruction information relating to the proposed source or modiication. 

17.7. The Secretary shall make a final determination whether construction should be approved, approved 

with conditions, or disapproved. 

17.8. The Secretary shall notify the applicant in writing of the iid detemhation and make a copy of 

such notification available for public inspection at the same location where the Secretary made available 

preconsrruction infimation and public comments relating to the proposed source or modification. 

w5-14-18, Public Meetings. 

18.1. Public meetings to receive c0~dment.s onpermit applications shall beheld whenthe Secretary deems 

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

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

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

interested parties have ample opporhmity to present comments. Such meetings shall be held at a cmenient 

pIace as mar as practicable to the location of the 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 or modification is to be located. 

845-14-19. Permit Transfer, Cancellation and Responsibility. 

19.1. A pennittee may petition the Secretaq for a transfer of a permit previously issued in accordance 

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

19.1.a. The permittee, in the petition, describes the =sons for the requested permit transfer and 

cdes that the subject source is in compliance with all the pmvisiom and requirements of its permit, and 

19.I.b. The transferee provides written acknowledgment that it accepts and will comply with 11 the 

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

19.2. The Secretary shall suspend or revoke a permit if, after eighteen (18) months hm the &te of 

issuance the holder of the peht cannot provide the Secretary, at the Secretaxy's request, with written proof 

of agood faith effort that such construction, modification, or relocationhas commenced and remains ongoing. 

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

19.3. The Secretary may suspend, mod@, or woke the pemit ifthe plans and specificalions uponwhich 

the approval war, based or the conditions established in the permit are not adhered to. Upon notice of the 
19.4. Any owner or operator who constructs, modifies or relocates any stationary source not in 

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

modifi or relocate, or any owner or operator of a source subject ta this rule who commences construction 

after the effective date of this rule yithout applying for and receiving approval hereunder, shall be subject 

to appropriate enforcement action. 

19.5. Possession of a permit does not relieve any person of the responsibility ofcomplying with any and 

all rules of the Secretary or W.Va. Code 5 22-1-1 et seq. 

19.6. [Reserved.] 

19.7. Any person who owns or operates any particular souice or modification which becomes a major 

stationary source or major modification solely by virtue of a relaxation in any limitation, enforceable by the 

Administrator or the Secretary, on the capacity of the source or modification otherwise to emit a pollutant 

(such as a restriction on hours of operation), shd become subject to the requirements of this rule as though 

construction bad not yet commenced on the some or modification. 

19.8. Except as otherwise provided in subdivision 19.8.s the following specific provisions apply with 

respect to any regulated NSR pollutant emithdfmm projects at existing emissions units at a major stationary 

source (other than projects at a source with a PAL) in circumstances where there is a reasonable possibility, 

within the meaning of subdivision 19.8.c that a project that is not a part of a major modification may result in a significant emissions increase of such pollutant, and the owner or operator elects to use the method 

spedied in paragraphs 2.63.a. 1 through 2.63.a.3 for calculating projected actual emissions. 

19.8.a. Before beginning actual constnu:tion of the project, the owner or operator shall document 

and maintain a record of the following infomation: 

19.8.a. 1. A description of the proposed project; 

. . 

19.8.a.2. Identification of the emissions unit@) whose emissions of a regulated NSR pollutant could 

be affected by the proposed project; and 

19.8.a.3. A description of the applicability test used to determine that the proposed project is not 

a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected 

actual emissions, the amount of emissions excluded under paragraph 2.63 .a.2 and anexplanation for why such 

amount was excluded, and any netting calculations, if applicable. 

19.8.b. @the emissions unit is an existing electric utility steam generating unit, before beginning 

actual construction, the owner or operator shall provide a copy of the information requiredunder subdivision 

19.8.a to the Secretary. Nothing in subdivision 19.8.b shall be constmed to require the owner or operator of 

such a unit to obtain any determination from the Secretary before beginning actual construction. 

19.8.c. The owner or operator shall monitor the emissions of any regulated NSR pollutant that could 

increase as a result of the project and that is emitted by any emissions unit identified in paragraph 19.8.a.l. 
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19.8.d. If the unit is an existing electric utility steam generating unit, tho owner or operator shall 

submit a report to the Secretary within 60 days after the end of each year dming 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 existhg unit other than an electric utility steam generating unit, the owner 

or operator shall submit a report to the Secretary if the annual emissim, in tons per year, £+om the project 

identified in subdivision 19.8.q exceed the baseline actuaI emissions (as documentedandmaintained pursuant 

to paragraph 19.8.a.3), by. a significant amount (as defined in subsection 2.74) for that regulated NSR pollutant, and if such emissions differ fiwm the preconstmction projection as documented and maintained 

pursuant to paragraph 19.8.a.3. Such report shall be submitted to the Secretary within 60 days after the end 

of such year. The report shall contain the following: 

19.8.e, 1. The name, address and telephone number of the major stationary source; 

19.8.e.2. The annual emissions as calculaiedpllrsuant to subdivision 19.8.c; and 

19.8.e.3. Arry other information that the owner or operator wishes to include in the report (eg., an 

explanation as to why the emissions differ fiwn the preconstruction projection). 

19.8.f. A "reasonable possibility" under subsection 19.8 occurs wha the owner or operator 

calculates the project to result in either: 

19.8.f.l.. A projected acid emissions increase of at least 50 percent of the amount that is a 

"significant emissions increase," as defmed under subsection 2.75 (without reference to the amount that is 

a significant net emissions increase), for the regulated NSR pollutant; or 

19.8.f.2. A projected actual emissions increase that, added to the amount of emissions excluded ' 

under paragraph 2.63.a.3, sums to at least 50 percent of the amount that is a "sigpilicant emissions increase," 

as definedunder subsection 2.75 (without reference to the amount that is asignificant net emissions increase), 

for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only within the 

meaning of this paragraph, and not also within the meaning of paragraph 19.8.f.1, then provisions under 

subdivisions 19.8.b through 19.8.e do not apply to the project. 

19.9. The owneror operator ofthe some shall make available theinformationrequired tobe 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. 

845-14-20. Disposition of Permits. 

20.1. In the event that the Secretary promdgates changes to this rule or in the event of a redesignation 

of an attainment or non-attainment area (in accordance with 5 107 of the CAA) prior to final disposition of 

a permit, the Secretary shaIl make final disposition of the permit application in accordance with such newly 
21.1. For sources required to obtain a permit under this rule, the provisions of 45CSR13 requiring a 

permit do not apply, so that only a single pennit is required; provided, however, that: 

2 l.l.a. The base permit applicationfee of $1,000 pursllantto 45CSR.22, subdivision3.4.a shall apply 

to such sources in addition to other applicable fees; and 

21.1.b. Any permit issued under this rule includes ~onditions that ensure compliance with the 

provisions of 45CSR13 to the extent applicable to any regulated air pollutant (as defined in 45CSR13) not 

otherwise covared under tbis de. 

21.2. For sources that may bc subject to 45CSR13, 45CSR14 andlor 45CSR19, the more stringent 

provisions of each applicable rule shall apply. 

945-14-25. Actuals PALS. 

25.1. Applicability. 

25.l.a. The Secretary may approve the use of an actuals PAL for any existing major stationary 

source if the PAL meets the requirements in subsections 25.1 through 25.15. The term "PAL" shall mean 

"actuals PAL" throughout section 25. 

25.l.b; Any physical change in or change in the method of operation of a major stationary source 

that maintains its total source-wide emissions below the PAL level, meets the requirements in sub~ections 

25.1 through 25.15, and complies with the PAL permit: 

25.1.b. 1. 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 limitations that the major stationary source used to avoid applicability of the major NSR program). 

25.l.c. Except as provided under paragraph 25.1 .b.3, a major stationary source shall continue to 

comply with all applicable Federal or State requirements, emission limitations, and work practice 

requirements that were established prior to the effective date of the PAL. 

25.2. Definitions. - For the purposes of this section 25, the definition in subdivision 25.2.a applies. 

When a tenn is not defined in these paragraphs, it shall have the meaning given in section 2 or in the CAA. 
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emission Iimitations that are enforceable as a practical matter on the emissions unit's potential to emit. 

25.2.a.2. An emissions unit's potential to emit shall be detemined using the def~tim in 

subsection 2.58, except that the words "or enforceable as a practical matter" should be ad&d after "federally 

enforceable." 

25.3. Permit application requirements. - As part of a permit application requesting a PAL, the owner or 

operator of a major stationary source shdl submit the following information to the Secretary for approval: 

25.3.a. A list of all emissions units at the some designated as small, significant.or major based on 

their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, Federal 

or State applicable requirements, emission limitations, or work practces apply to each unit. 

25.3.b. Calculations of-the baseline actual emissions (with supporting documentatian). Baseline 

actual emissions are to include emissions associated not only with operation of the unit, but also emissions 

associated with startup, shutdown, and malfunction. 

25.3.c. The calculation procedures that the major stationary source owner or operator proposes to 

use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by subdivision 25.13.a. 

25.4. General requirements for establishing PALS. 

25.4.a. The Secretary is allowed to establish a PAL at a major stationary some, provided that at a 

minimum, the requirements in paragraphs 25.4.a.1 through 25.4.a.7 aremet. 

25.4.a. 1. The PAL shall impose an annual emission limitation in tons per year, that is enfmeable 

as a practical matter, for the entire major stationary source. For each month during the PAL effective period 

after the first 12 months of establishing aPAL, the major stationary source owner or operator shall show that 

tbe sum ofthe monthly emissions h each emissions unit under the PAL for the previous 12 consecutive 

months is less than the PAL (a 12-month average, rolled monthly). For each month dm the first I 1 months 

from the PAZ. effective date, the major stationary source owner or operator shall show that the sum of the 

preceding monthly emissions fiom the PAL effective date for each emissions unit under the PAL is less than the PAL. 

25.4.a.2. The PAL shall be established in a PAL permit that meets the public participation 

requirements 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, fiom all emissions 

units that emit or have the potential to emit the PAL pollutant at the major stationary source. 

25.4.a.5. Each PAL shall regulate emissions of only one pollutant. 
monitoring, 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 lime 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 ofiets pursuant 

to 45CSR19 unless .the level .of the PAL is reduced by the amount of such omissions 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 

established, renewed, or increased through a procedure that is consistent with 45CSR13. This includes the 

requirement that the Secretary provide the public with notice of the proposed approval of a PAL permit and 

at least a 30-day period for submittal of public comment. The Secretary must address all material comments 

before taking final action on the permit. 

25.6. Setting the.,lO-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 actual emissions (as defined in subsection 2.8) of the PAL 

pollutant for each emissions unit at the source; plus an amount equal to the applicable simcant level for 

the PAL pollutant under subsection 2.74 or under the CAA, whichever is low~r. When establishing the 

actuals PAL level, for a PAL pollutant, only one consecutive 24-month period must be used to determine the 

baseline actual emissions for all existing emissions units. However, a different consecutive 24-month period 

may be used for each different PAL pollutant. Emissions associated with units that were permanently 

shutdown after this 24-month period must be subtracted from the PAL level. Emissions from units on which 

actual wnstruction began after the 24-month period must be added to the PAL level in art amount equal to 

the potential to emit of the units. The Secretary shall specify a reduced PAL level(s) (in tons/yr) in the PAL 

permit to become effective on the fuhue compliance date(s) of any applicable Federal or State regulatory 

requirement@) that the Secretary is aware of prior to issuance of the PAL pennit. For instance, if the source owner or operator will be required to reduce emissions fromindustfiaI boilers inhalffimbaseline emissions 

of 60 ppm NO, to a new rule limit of 30 ppm, then the pennit shafl 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 newfy constructed units (which do not include modifications to existing units) on which 

actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as specified in subdivision 25.6.a, the emissions must be added to the PAL level in an amount equal to the 

potential to emit of the units. 

25.7. Contents of the PAL permit. -- The PAL pennit must contain, at a minimum, the information in 

subdivisions 25.7.a through 25.7.j. 

25.7.a. The PAL pollutant and the applicable source-wide emission limitation in tons per year. 

25.7.b. The PAL pdt effective date and the expiration date of the PAL (PAL effective period). 

25.7s. Specificationin the PAL pemrit that if a major stationary source owner or operator applies 
25.7.d. A requirement that emission calculations for compliance purposes must include emissions 

hm startups, shutdowns, and rnalfimctions. 

25.7s. A requirement thaq once the PAL expires, the major stationary source is subject to the 

requirements of subsection 25.9. 

25.7.f. The calculation procedures that tlte major stationary source owner or operator shall use to 

convert the monitoring,eystem data to monthly emissions and annual emissions based on a 12-month rolling 

total as required by subdivision 25.13.a. 

25.7.g: A requirement that the major stationary source owner or operator monitor all emissions units 

in accordance with the provisions under subsection 25.12. 

25.7.h. A requirement to retain the records required under subsection 25.13 on dte. Such records 

may be retained in an electronic fomrat. 

25.7.i. A requirement to submit the reports required under subsection 25.14 by the required 

deadlines. 

25.7.j. Any other requirements that the Secretary deems necessary to implement and enforce the 

PAL. 

25.8. PAL effective period and reopening of the PAL pennit. -- The requirements in subdivisions 25.8.a 

and 25.8.1, apply to actuals PALS. 

25.8.a. PAL effective period. - The Secretary shall specify a PAF. effective pehdd of 10 years. 

25.8.b. Reopening of the PAL, permit. 

25.8.b. 1. During the PAL effective period, the Secretary must reopen the PAL permit to: 

25.8.b.l.A. Correct typographical or oalculation emrs made in setting the PAL or reflect a 

more accurate determination of emissions used to establish tlte PAL, 

25.8.b.l.B. Reduce the PAL if tlte owner or operator of the major stationary source creates 

creditable emissions reductions for use as offiets pursuant to 45CSR19; and 

25.8.b.l.C. Revise the PAL to reflect an increase in the PAL as provided under subsection 

25.11. 

25.8.b.2. The Secretary shall have discretion to reopen the PAL permit for the following: 

25.8.b.2.A. Reduce the PAL to reflect newly applicable Federal requirements (for example, 

NSPS) with compliance dates after the PAL effective date; 
25A.b.2.C. Reduce the PAL ifthe Secretary determines that a reduction is necessary to avoid 

causing or contributing to a National Ambient Air Quality Standard (NAAQS) or PSD increment violation, 

or to an adverse impact on an air quality related vdue that has been identified for a Federal Class I area by 

a Federal Lmd Manager and for which infition is available to the general public. 

25.8.b.3. Except for &e permit reopening in subparagraph 25.8.b.l.A for the correction of 

typographicallcalculation errors that do not increase the PAL level, all other reopenings shall be carried out 

in accordance with the public participation requiremerits of subsection 25.5. 

25.9. Expiration of a PAL. - Any PAL that is not renewed in accordance with the procedures in 

subsection 25.10 shall expire at the end ofthe PAL effective period, and the requirements in subdivisions 

25.9.a through 25.9.e shall apply. 

25.9.a. Each mt.issions unit (or each group of emissions'units) Ehat existed under tlte PAL shall 

comply with an allowable emissionlimitation under a mised permit established according to the procedures 

in paragrapha 25.9.a.1 and 25.9.a.2. 

25.9.a.1. Within the time f?ame specified for PAL renewals in subdivision 25.10.b, the major 

~tationary source shali submit aproposed allowable emissionlimitation for eachemissionsunit (oreachgroup 

of emissions units, if such a distributionis more appropriate as decided by the Secretary) by distributing the 

PAL allowable emissions for the major stationary source among each ofthe emissions units that existed under 

the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during 

the PAL effective period, as required under subdivision 25.1 O.e, such dishibution shall be made as if the PAL 

had been adjusted. 

25.9.a.2. The Secretary shall decide whether and how the PAL allowable emissions will be 

distTibuted and issue a revised pht incorporating allowable limits for each emissions unit, or each group of emissions units, as the Secretary determines is appropriate. 

25.9.b. Each emissions unit@) shall comply with the allowable emission limitation on a 12-manth 

rolling basis. The Seaetary may approve the use of monitoring systems (source testing, emission factors, 

etc.) other than CEMS, CERMS, PEW, or CPMS to demonstrate compliance with the allowable emission 

limitation. 

25.9.c. Until the Secretary issues the =vised permit incorporating allowable limits for each 

emissions unit, or each pup of emissions units, as required under paragraph 25.9.a.2, the some shall 

continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission 

limitation. 

25.9.6 Any physical change or change in the method of operation at the major stationary source will 

be subject to major NSR requirements if such change meets the definition of major modification in subsection 

2.40. 

25.9.e. The major stationary source owner or operator shall continue to comply with any State or 
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25.10. Renewal of a PAL. - The Secretary shall follow the procedures specifiedin subsection 25.5 in 

approving any request to renew a PAL for a major stationary source, and shall provide both the proposedPAL 

level and a written rationale for the proposed PAL level to the public for review and comment. During such 

public review, any person may propose a!PAL level for the some for consideration by the Secretary. 

25.10.a. Application deadline. -- A major stationary some owner or operator shall submit a timely 

application to the Secretary to request renewal of a PAL. A timely application is one that is submitted at least 

6 months prior to, but not earlier than 18 months from, the date of permit expiration. This deadline for 

application submittal is to ensure that the permit will not expire before the permit is renewed. Ifthe owner 

or operator of a major stationary source submits a complete application to renew the PAL within this the 

period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued. 

25.10.b. Application requirements. -- The application to renew a PAL permit shall contain the 

infiation required in paragraphs 25.1O.c.l throe 25.10.c.4. 

25.10.b.l. The information required in subdivisions 25.3.a through 25.3.c. 25.10.b.2. A proposed PAL level. 

25.10.b.3. The sum of the potential to emit of all emissions units under tltePAL (with supporting 

documentation). 

25.10.b.4. Any other information the owner or operator wishes the Secretary to consider in 

determining the appropriate level for renewing the PAL. 

25.10.~. PAL adjustment. -- In determining whether and how to adjust the PAL, the Secretary shall 

consider the options outlined in paragraphs 25.10.61 and 25.10.62. However, in no case may any such 

adjustment fail to comply with paragraph 25.10.d.3. 

25.10.c.l. If the emissions level calculated in accordance with subsection 25.6 is equal to or 

greater than 80 percent of the PAL level, the Secretary may renew the PAL at the same level without 

conaidering the factors set forth in paragraph 25.10.62; or 

25.10.c.2. The Secretary may set the PAL at a level that he or she determines to be more 

representative of the source's basefine actual emissions, or that he or she detemtines to be more appropriate 

considering air quality needs, advances in control technology, anticipated econmnic growthin the area, &sire 

to reward or encourage the source's voluntary emissions reductions, or other factors as specifically identified 

by the Secretary in his or her written rationale. 

25.10.c.3. Notwithstanding paragraph 25.10.d.l and 25.10.d.2: 

25.10.c.3.A. If the potential to emit of the major stalionary source is less than the PAL, the 

Secretary shall adjust the PAL to a level no greater than the potential to emit of the source; and 
25.10.d. If the compliance date for a State or Federal requirement that applies to the PAL source 

occurs dwing the PAL effective peaiod, and if the Secretary has not already adjusted for such requirement, 

the PAL shall be adjusted at the time of PAL permit renewal or title V pennit renewal, whichever occurs first. 

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 

complies with the provisiois in paragraphs 25.11.a. 1 and 25.11 .a.2. 

25.11.a.l. The owner or operator of the major stationary source shall submit a complete 

application to zequest an increase in the PAL limit for a PAL major modification. Such application shall 

identify the emissions unit(s) ccm~buting to the increase in emissions so as to cause the major stationary 

source's emissions to equal or exceed its PAL. 

25.11.a.2. As part of this application, the major stationary source owner or operator shall 

demonstrate that the sum of the baseline actual emissions of the small ernissions units, plus the sum of the 

baseline actual emissions of the significant and major emissions units assuming application of BACT 

equivalent contro1s, plus the sum of the alIowable emissions of the new armodifiedemissions unit(s) exceeds 

the PAL. The level of control that would result f3om B ACT equivalent controls on each significant or major 

emissions unit shall be determined by conducting a new BACT analysis at the rime the application is 

submitted, unless the emissions unit is currently required to comply withaBACT or LAER requirement that 

was established within the preceding 10 years. In such a case, the assumed control level for that missions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply. 

,25.ll.a.3. The owner or operator obtains a major NSR permit for all emissions unit(s) identified 

in paragmph 25. I l.a.1, regardless of the magnitude of the emissions increase resulting fiom them (that is, no 

sigiuficant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting 

from the major NSR process (for example, BACT), even though they have also become subject to the PAL or continue to be subject to the PAL. 

25.11.a.4. The PAL permit shall require that the increased PAL level shall be effective on the 

day any emissions unit that is part of the PAL major modification becomes operational and begins to emit 

the PAL pollutant. 

25.11.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 the baseline actual emissions of the significant and major 

emissions units (assuming application of BACT equivalent controls as determined in aocordance with 

paragraph 25.11.a.21 plus the sum of the baseline actual ernissions of the small emissions units. 

25.11.~. 'Ihe PAL permit shalI be revised to reflect the increased PAL level pursuant to the public 

notice requirements of subsection 25.5. 

25.12. MoIlitoring requirements for PALS. 

25.12.a. General requirements. 
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by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce 

the PAZ, permit. 

25.12.a.2. The PAL monitoring system must employ one ormore of the four general mwitoring 

approaches meeting the mhimlgll requirements set forthin paragraphs 25.12.b. 1 through 25.12.b.4 and must 

be approved by the Secretary. 

25.12.a.3. Notwithstandingparagraph 25.12.a.2,youmay also emploji an dternativemollitoring 

approach that meets paragraph 25.12.a.l if approved by the Secretary. 

25.12.a.4. Failure to use a monitoring system that meets the requirements ofthis de renders the 

PAL invalid.. 

25.12.b. Minimum performance requiments for approved monitoring approaches. The followingare acceptable general moniito- approaches when conductedin accordance withthe minimum requirements 

in subdivisions 25.12.c through 25.1 2.i: 

25.12.b.l. Mass baIance calculations for activities wing coating8 or solvents; 

25.12.b.2. CEMS; 

25.12.b.3. CPMS or PEMS; and 

25.12s. Mass balance calculations. -- An owner or operator using mass balance calculati&s to 

monitor PAL pollutant emissions from activities using coating or solvents shall meet the following 

requirements: 

25.12.c.l. Provide a demonstratedrneans ofvalidating the published content of the PAL pollutant 

that is contained in or created by all materials used in or at the emissions uni* 

25.12.c.2. Assume that the emissions unit emits all of the PAL pollutant that is contained in or 

created by arry raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for 

in the process; and 

25.12.c.3. Where the vendor of a material or fuel, which is used in or at the emissions unit, 

publishes a range of pollutant content hn such material, the owner ar operator must use the highest due 

of the rme to calculate the PAL pollutant emissions unless the Secretary determines there is site-speczc data or a site-specitic monitoring program to support another content within the range. 

25.12.d. CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet 

the following requirements: 
25.12.d.2. CEMS must sample, analyze and record data at least every 15 minutes while the 

emissions unit is operating. 

25.12.e. CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutmt 

emissions shall meet the following requirements: 

25.12.e.l. The CPMS or the PEMS must be based on current site-specific data demonstrding 

a correlation between the monitored parmeter(s) and the PAL pollutant emissions across the range of 

operation of the emissions unit; and . 

' 25.12.e.2. Each CPMS orPEMS must sample, analyze, andrecord dataat least every 15 minutes, 

m at another less frequent interval approved by the Secretary, while the emissions unit is operating. 

25.12.f. Emission factors. - An owner or operator using emission factors to monitor PAL pollutant 

emissions shall meet the following requirements: 

25.12.f.l. All emission factors shall be adjusted, if appropriate, to account for the degree of 

uncertainty or limitations in the factors' development; 

25.12.f.2. The emissions unit shall operate within the designated range of use for the emission 

factor, $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 calculatePAL pollutant emissions shall conduct validation testing to determine 

a sitespecific emission factor within 6 months of PAL permit issuance, unless the Secretary determines that 

testing is not required. 

25.14.g. A source owner or operator must mcord and report maximum potential emissions without 

considering enforceable emission limitations or operational restrictions for an emissions unit during any 

period of rime that there is no monitoring data, unless another method for detemining emissions during such 

periods is specified in the PAL pdt. 

25.12.h. Notwithstanding the requirements in subdivisions 25.12.0 through 25.12.& where an owner 

or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the Secretary shall, at the time 

of permit issuance: 

25.12.h.1. Establish default value(s) for determinifig compliance with the PAL based on the 

highest potential missions reasonably estimated'at such operating point(s); or 

25.12.h.2. Determine that operation of the emissions unit during operating conditions when there 

is no cmelation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL. 

25.12.i Re-validation. -- All data used to estabIish the PAL pollutant rnut be re-validated through 

perfice testing or other scientifically valid means approved by the Secretary. Such testing must occur 
25.13.a. The PAZ. permit shall require an owner or operator to retain a copy of all records necessary 

to &tennine compliance with any requirement of section 28 and of the PAL, including a determination of 

each emissions unit's 12-month rolling total emissions, for 5 years from the date of such mcord 

25.13.b. The PAL permit shall require an owner or operator to retain a copy of the following records 

far the duration ofthe PAL effective period plus 5 years: 

25.13.b. 1. A copy of the PAL permit application and any applications for revisions to he PAL; 

and 

25.13.b.2. Each annual ceaification of compliance pursuant to title V and the data relied on in 

cewing the compliance. 

25.14. Reporting and notification requirements. -- The owner or operator shall submit sewi-annual 

monitoring reports and prompt deviation reposts to the Secretary in accordance with the applicable title V 

operating permit program. The reports shall meet the requirements in subdivisions 25.1 4.a through 25.14.c. 

25.14.a. Semi-annual 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 information required in paragraphs 

25.14.a.1 through 25.14.a.7. 

25.14.a.1. The idenfication of owner and operator and the permit number. 

25.14.a.2. Total annual emissions (tons/year) based on a 12-month rolling total for each month 

in the reporting peiiod recorded pursuant to subdivision 25.13.a. 

25.14.a.3. All data relied upon, including, but not limited to, any Quality Assurance or Quality, 

Control data, in calculating the monthly and annual PAL pollutant emissions. 

25.14.a.4. A list of any emissions units modified or added to the major stationary source during 

the preceding 6-month period. 

25.14.a.5. The number, duration, and cause of any deviations or monitoring 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 monitoring system, whether the shutdown was 

permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be 

Mly 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 Biped statement by the responsible official (as defined by the 45CSR.0-2.38) 

certifying the truth, accuracy, and completeness of the information provided in the report. 
deviation reports shall be 'submitted within the time limits prescribed by the applicable program implktienting 

45CSR30-5.l.c.3. The reports shall cantain the following infomation: 

25.14.b. 1. The identification of owner and operator and the permit number, 

25.14.b.2. The PAL requirement that experienced the deviation or that was exceeded; 

25.14.b.3. ,Emissions resulting hm the deviation or the exceedance; and 

25.14.b.4. A signed statement by the responsible oficial (as defined by the applicable title V 

operating permit program) cewing the truth, accuracy, and completeness of the info&tion provided in 

the report. 

25.14.c. Re-validation results. -- The owner or operator shall submit to the Secretary the results of 

any re-validation test or method within 3 months after corripletim of such test or method. 

25.15. Transition 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 after the effective date of EPA approval and promulgation of a revision to 

the W SIP incorporating this rule. 

25.15.b. The Secretary may supersede any PAL that was establishedprior to the effective date ofEPA 

approval and promulgation of a revisionto the WV SIP incorporating this rule with a PAL that complies with 

the requirements of subsections 25.1 through 25.15. 

545-1436. Inconsistency Between Rules. 

26.1. h the event of any inconsistency between this rule and any other rule of the West Virginia 

Depar?tment of Environmental Protection, such inconsistency shall be resolved by the &tenmination of the 

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

condition, method or rule.