LEGXSLATKE RI-LE-lLAmG RE\-IEIY COIIJLITTEE 

AGESCY Air Quality 

RULE TYPE Lqishtke AhIESDMEST TO ESISTIXG RULE I-es TITLE-SERIE S 45-30 RULE SAME Requirements for Qperatiug Permits 

CITE: AU~ORI~ \V. Ya. Code g22-34 THE ABOI'E PROPOSED LEGISLATII'E RULE HA'ISG GOSE TO A PUBLIC HEARISG OR A PUBLIC C05.LMEST PERIOD IS HEREBY APPROI'ED By THE PROMJLGATESG AGESCY FOR FILISG IVITH 

THE SECRETARY OF STATE ASD THE LEGISLATI\*E RULE-MAKISG REl'IEK CO3IMIT'TEE FOR 

THEIR REI'IEIV. 

Legislative Rule-Making 

JUL 2 5 m4 

Review Committse 

By CXOOSISG 'YES: E ATTEST THAT THE PREVIOUS STATEMESTS ARE TRUE ASD CORRECT. 

Yes 

Kristin .I Bogp - B?- my signature, I certify that I am the person authorized to file legislath-e rules, in accordance with West Virginia Code 529-4-3-12 and 839.13-2. 

Title-Series: 45-30 Rule Id: 9481 Document: 26032 
AGESCY Air Qualiv 

RULE TYPE Legklatke AMESDMEST TO ESISTISG RULE Yes TITLE-SERIES 45-30 

RULE SAME Requirements for Operating Permits AUTH ORIZISG STA'I"CTTE(S) CITATIOS 

W. 1-a. Code 522-5-4 

DATE FILED IS STATE REGISTER IlITH SOTICE OF HEARISG OR PUBLIC COMMEST PERIOD Frida~, June 06,2014 

IIlHAT OTHER SOTICE: ISCLUDISG AD\'ERTISISG, DID YOU GII'E OF THE HEARISG? 

Pobh Sotice placed on Department of Enrironmental Protection's web site, and in a Class I legal ad published in the Charleston Sewspapers. 

DATE OF PUBLIC HEARfSG(S) OR PUBLIC COlf3EST PERIOD ESDED 

Ilonda~, Jub 07,2014 

Kristin -4 Bow -- By my signamre, I certify that I am the pem authorized to file legirbtk-e rules, in accordance with Wen \'irginia Code S29X-3-11 and 339.43-2. 

Title-Series : 45-30 Rule Id: 8481 Document: 26032 
AGESCY Air Quality RULE NPE Legislative AMESDMEST TO EX1 STISG RULE Yes TITLE-SERIES 45-30 

RULE SAME Requirements for Operaeing Permits CIE AmORIm \I-. \i. Code 522-5.4 

ATTACH LIST OF PERSOSS IIXO APPEARED AT HEARISG, COhLMESTS RECEI\'ED, A3ESDILIESTS: REASOSS FOR AMESDMESTS. So comments receil-ed 

DATE YOU FILED IS STATE REGISTER THE AGESCY APPROVED PROPOSED LEGISLATII'E RULE 

FOLLO\\-ISG PUBLIC HEARISG: (BE EXACT) Friday? &I$ 25,2014 

SAME: TITLE, ADDRESS ASD PHOSE FAX EMAIL SUMBERS OF AGESCY PERSOS(S) TO RECEIVE 

ALL IIXITTES CORRESPOSDESCE REGARDISG THIS RULE William F. Durham, Director 

601 57th Street, S.E. CbarIeston, \IT 25304 Phone: (304) 926-0499 ext. 1966 Fax: (304) 926-0488 

l~illiam.f.durbam:~ w\-cgov Kristin X Boggs -- B:- my signature, I certify that I am the person authorized to file legislath-e rules, in accordance with West 1-irginia Code 529.43-11 and 839A-3-2. 

Title-Series: 45-30 Rule Id: 9481 Document: 26032 
AGESCY Air Quality RULE TYPE Legislative AMESDMEST TO ESISTISG RULE Yes TITLE-SERIE S 45-30 

RULE SA-ME Requirements for Operating Permits 

IF DIFFEREST FROM ABOVE: PLEASE GIVE SAME, TITLE, ADDRESS, ASD PHOSE SUMBER(S) OF 

AGESCY PERSOS(S) 11x0 IVROTE ASD OR HAS RESPOSSIBILIN FOR THE COSTESTS OF TIXIS 

RULE 

IF NE STATUTE USDER IIXICH YOU PROhZULGATED THE SUBMITTED RULES REQUIRES 

CERTAIX FISDISGS ASD DETERMISATZOSS TO BE -MADE AS A COSDITIOS PRECEDEST TO THE PROWLGATIOS. GIVE THE DATE UP03 UWICH YOU FILED IS THE STATE REGISTERA SOTICE 

OF THE TI_= ASD PLACE OF A HEARISG FOR THE TAKIXG OF El'IDESCE ASD A GEXERAL 

DESCRIPTIOS OF THE ISSUES TO BE DECIDED. 

Friday, June 06,2014 

Kristin .A Boggs -- B?- my signature, I certify that I am the person authorized to fib legislath-e ruler, in 

accordance with West Yiinia Code 829,4-3-11 and 339.43-2. 

Title-Series: 45-30 Rule Id: 9381 Document: 26032 
AGESCY Air Quality 

RULE lTPE Legislative AMESDMEST TO EXISTISG RULE Yes TITLE-SERIES 45-30 RULE SAXE Requirements for Operating Permits 

CITE A~ORI~ W. \-a. Code 522-5-4 

DATE OF HEARIXG OR COlfI\EST PERIOD b1onda:-, July 07,2014 OX IlXAT DATE DID YOU FILE IS THE STATE REGISTER THE FISDISGS ASD DETERMS.4TIOSS 

REQUIRED TOGETHER I'ITH THE REASOSS THEREFOR? 

Friday, Juh- 25,2014 

BY CHOOSISG 'YES', I ATEST THAT THE PREVIOUS STATEMESTS ARE TRUE ASD CORRECT. 

Yes 

Kristin -4 Boggs -- B?- my signature, I certify that f am the person authorized to file legislath-e rules, in accordance with \Test l'irginia Code 829A-3-11 and 8396-3-2. 

Title-Series: 45-30 Rule Id; 9181 Document: 26032 
AGESCY -4irQuali~ 

RULE TYPE Legislative AMESDMEST TO ESISTISG RULE Yes TITLE-SERIE S 45-30 

RULE SAME Requirements for Operating Permits 

CITE A~ORI~ IV. \-a. Code p2-54 

SUhIXtARIZE IS A CLEAR ASD COSCISE hUSSER \!'HAT IMPACT THIS MEASURE 11-ILL HAVE OX COSTS ASD REYESUES OF STATE GOI'ERS,MEST. 

The proposed Operating Permit fee revisions in this rule should positirdy impact re\-enues of the state .Air 

Quality Title P' Operating Permit Program. 

Kristin X Boggs -- B?- my signature, I certify that I am the person authorized to file legblah-e rules, ia accerdance with West Virgiiia Code 329-4-3-11 and 939-4-3-2. 

Title-Ssrits: 45-30 Rule Id: 9481 Document: 25032 
g

) 

AGESCY Air Quality 

RULE TYPE Legislative AkESDhEST TO EX1 STISG RULE Yes TITLE:SERIE S 45-30 RULE SA-ME Requirements for Operating Permits 

FISCAL SOTE DETAIL -- SHOIV OVER-ALL EFFECT IS ITEM 1 -ASD 2 ASD, IS ITEM 3, GII'E AS EXPLASAXOS OF BREAKDOI'C?; BY FISCAL YEAR, ISCLUDISG LOSG-RASGE EFFECT. 

f Hect Of Proposal Current Increase;Decrease Sex t 1ncrease:Decrease Fiscal Year &pan 

(use ' - ') (use ' - ') Full Implemntation) 

ESTISLATED 

TOT.= COST 

CUKREST EXPESSES 

OTHER 

Kristin -4 Boggs - B?- my signature, I certify that I am the person authorized to file legislath-e rules, in accordance with West Yirg;iaia Code 329-4-3-11 and 839-4-3-2. 

Title-Series: 45-38 Rule Id: 9481 Document: 25032 
AGESCY Air Quality 

RULE TYPE Legislative A>lESD>E?;T TO ESISTISG RULE yes TITLE-SERIES 45-30 RULE SAME Requirements for Operating Permits 

CITE A~OH~ IT. \-a. Code 5235.4 3. ESPLASATTOX OF ABO\'E ESTIJ1ATES (ISCLUDISG LOSG-RASGE EFFECT). PLEASE ISCLUDE 

ASY ISCREASE OR DECREASE IS FEES IS YOUR ESTIMATED TOTAL REYESUES. 

The proposed revisions to this rule implement an hcrease in Air Qualiv Title Y operating fees from 

SLSiton to S28iton. The increase in fees will correct a dotvn~vard trend in fee coUection, and will keep the 

Title 1- Operating P errnit Program saltrut in accordance with the federal Clean Air Act. 

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

accordance with West 1-irginia Code 529-4-3-11 and 539.4-3-2. 

Title-Series: 45-30 Rule Id: 9181 Document: 25032 
AGEXCY Air Quality 

RULE TYPE Legislatke AILIESDMEST TO ESISTISG RULE Yes TITLE-SERIES 45-30 RULE SAXE Requirements for Operating Permits CITE AU~OM~ I\'. 1%. Code 5223-4 

PLEASE IDESTIFY ASYAREAS OF \'AGUESESS. TECHSICAL DEFECTS, REASOSS THE PROPOSED RULE 11-OULD SOT HAI'E A FISCAL. IMPACT, ASD OR ASY SPECIAL ISSUES SOT CAPTURED ELSEUHERE OX THIS FORM. 

BY CHOOSISG 'YES. I ATTEST THAT THE PREVIOUS STATEhEYTS ARE TRUE ASD CORRECT. 

Kristin -4 Boggs -- B?- my signature, I certify that I am the person authalind to file 1egirLth-e rules, in 

accordance with West Virginia Code 329-4-3-11 and 539-43-2. 

Title-Series: 45-30 Rule Id: 9181 Document: 25832 
AGESCY Air Quality 

RULE NPE Legislative AhlESDMEST TO EXISTISG RULE 1-es TITLE-SERIES 45-30 RULE SAME Requirements for Operating Permits 

CITE AUTHORITY W. \-a. Code 822-54 

SUMh!IARZZE IS A CLEAR ASD COSCISE 3iiASSER COXTESTS OF CHASGES IS RULE ASD STATElEST OF CIRCUMSTASCES REQUIRISG THE RULE. 

This rule establishes a comprehensive air quality operating permits program consistent 

with the requirements of Title V of the federal Clean Air Act (CAA) and 40 CFR Part 70. 

The operating permits program is directed toward major sources and sources as defined in 

the rule, and contains the fo1lo:lring: requirements for permit applications; monitoring 

and reporting requirements; annual fees to cover all reasonable costs required to develop and administer the program; provisions for public participation; provisions to revise 

permits consistent with new standards; and operational flexibility within the permit 

provisions. These elements have been further refined and defined under the provisions of 

Title V and 40 CFR Part 70. 

The provisions of Title V of the CAA require that all states submit to the U.S. Environmental Protection Agency (EPA) a comprehensive permits program (including effective regulations) on or before November 15, 1993. tli'est Virginia submitted its 

operating permits program under 4SCSR30 on November 12, 1993 and on flovember 15, 1995, €PA granted the State interim approval of its operating permit program. On t-lovember 19, 

2801, the State obtained full approval (primacy) of the Title V operating permit program. 

Revisions to the rule implement an increase in Title V operating fees from S18/ton to S28/ton. The increase in fees will correct a downward trend in fee collection, and ;dill 

keep the Title V Operating 

BY CHOOSISG 'YES', I AlTEST THAT THE PREI'IOUS STATEMESTS ARE TRUE ASD CORRECT. 

Yes Kristin .A Boggs -- By mm\- signature, I cerfify that I am the person authorized to file legislath-e rules, in accordance with West Tibia Code 829-4-3-11 and 539-4-3-2. 

Title-Series: 45-30 Rule Id: 9581 Document: 26032 
.SGESCY Air Quaw 

RULE TYPE Legislative ALESDLEST TO ESISnSG RULE Yes TITLE-SERIES 45-30 RULE SA1f.E Requirements for Operating Permits SUhLMARIZE IS A CLEAR ASD CQSCISE ,USSER COSTESTS OF CHASGES IS RULE ASD 

STATZMEST OF CIRCUMSTASCES REQUIRISG THE RULE. Permit Program solvent in accordance with the federal Clean Air Act. BY CHOOSISG 'YES, I ATTEST THAT THE PRE\'IOUS STATELESTS ARE TRUE ASD CORRECT. 

Yes Kristin X Boggs - BF my signature, 1 certify that I am the person authorized to file legislative rules, in 

accordance with West l-irginia Code 529A-3-11 and $39-A-3-2. 

Title-Series: 45-30 Rule Id: 9181 Document: 26032 
SEmS 30 

REQUJ[REMENTS FOR OPERATING PERMITS 

845-30-1. General. 

1.1. Scope. -- This rule provides for the establishment of a comp~ehensive air quality permitting 

system consistent with the requirements of Title V of the Clean Air Act. All fees coIlected pursuant to 

this rule shall be expended solely to cover all reasonable direct and indirect costs required to administer 

the Title V operating permit program and accounted for in accordance with this rule. 

1.2. Authority. - W.Va. Code 522-5-4. 

1.3. Filing Date. -- M@+XW. 

1.4. Effective Date. - 3imA+M. 

1.5. Former Rules. -- This legislative rule amends 45CSR3O "Requirements for Operating Permits" 

which was filed Mq4+XW Mav 1.2013, and which became effective M+l+W June I. 20 13. 

84530-2. Definitions. 

2.1. "Actual emissions" means, for the purpose of sections 7 and 8, the actual total mass of regulated 

air pollutants emitted to the atmosphere during a particular calendar year and includes dl mutine as well 

as non-routine (e.g. abnormal or emergency operations) emissions. 

2.2. "AfTected sourceyy means a source that includes one or more affected units under 45CSR33 and 

Title IV of the Clean Air Act (Acid Deposition Control). 

2.3. "Affected states" ate all states: 

2.3.a. Whose air qual'i may be affected and that are contiguous to the state in which a Title V 

operating pennit, permit modification or pennit renewal is being proposed; or 

2.3.b. That are within fifty (50) miles of the permitted source. 

2.4. "Affected unit" means a fossil fuel-fired combustion device that is subject to emission reduction 

requirements or limitations under 45CSR.33 and Title IV of the Clean Air Act. 

2.5. "Air pollutanPY has the meaning ascribed to it in $302 of the Clean Air Act. 
2.7. "Applicable reqwhruents'' means all of the following as they apply to emissions units in a Title 

v source. 

2.7.a. Any standard or other requirement provided for in the State hplementation Plan approved 

by U.S. EPA or promulgated by U. S. EPA hugh rulemaking under Title I of the Clean Air Act that 

implements the relevant requirements of the Act, including any revisions to that State Implementation 

Plan; 

2.7.b. Any term or condition of any preconstruction permits issued pursuaot to regulations 

approved or pmmdgated through rulemaking under Title I, including parts C or D, of the Clean Air Act, 

including any permits issued under 45CSRl3,45CSR14,45CSRlS, and 45CSR19; 

2.7.c. Any standard or other requirement under 3 11 1, including 8 11 l(d), of the Clean Air Act; 2.7.d. Any standard or other requbents under 5112 of the Clean Air Act, including any 

requirement concerning accident prevention under 5 112(r)(7) of the Clean Air Act, but not including the contents of any risk management plan required under 4 1 12(r) of the Clean Air Act; 

2.7.e. Any standard or other requirement of the acid deposition control program under Title IV of 

the Clean Air Act or the regulations promulgated thereunder; 

2.7.f. Any requirements established pursuant to §504(b) or 4 114(a)(3) of the Clean Air Act; 

2.7.g. Any standard or other requirement under @126(a)(l) and (c) of the Clean Aii Act; 

2.7.h. Any standard or other nequirement governing solid waste incineration under 5129 of the 

Clean Air Act; 

2.7.i. Any standard or other requirement for consumer and commercial products under §183(e) of 

the Clean Air Act; 

2.7.j. Any standard or other requirement for tank vessels under 8 183(f) of the Clean Air Act; 

2.7.k. Any standard or other requirement of the regulations promulgated to protect stratospheric 

ozone under Title VI of the Clean Air Act, unless the Secretary determines that such requirements need 

not be contained in a Title V permit pursuant to an exemption by U.S. EPk, 

2.7.1. Any national ambient air quality standard or increment or visibility requirement under part C 

of Title I of the Clean Air Act, but only as it would apply to temporary sources permitted pursuant to 

§504(e) of the Clean Air Act; 
2.8. "Approved replicable methodology" or "ARM" means terms in a permit pursuant to section 3 

that: 

2.8.a. Specify a protocol which is consistent with and impIements an applicable requirement, or 

requirement of this rule, such that the protocol is based on sound scientific andm mathematical principles 

and provides reproducible results using the same inputs; and 

2.8.b. Require the results of ht protocol to be recorded and used for 8s- compliance with 

such applicable requiremenf any other applicable requirement implicated by implementation of the ARM, 

or requirement of this rule, including where an ARM is used for determining applicability of a specific 

requirement to a particular change. 

2.9. "Area source" means any non-major source subject to a standard or other requirement under 

5112 ofthe Clean Air Act. 

2.10. "Clean Air Act" means the Clean Air Act, 42 U.S.C. $7401, et seq., as amended. 

2.11. "Construction" means any physical change or change in the method of option (including 

fabrication, erection, installation, demolition, or modification of an emission unit) which wouId result in a 

change in actual emissions. 

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

Protection as created by the provisions of W.Va. Code 522-1 - 1 et seq. 

2.13. "Designated ~sentativeYy shall have the meaning given to it in §402(26) of the Clean Air Act 

and the regulations promulgated thereunder. 

2.14. "Draft permit" means the version of a pennit for which the Secretary offers public participation 

under subsection 6.8 or af5'ected state review under subsection 7.2. 

2.15. "Effective date of the operating permit program" means the date tbat U.S. EPA formally 

provides interim, partial, or full approval of the operating pennit programs established under this rule. 

2.16. "Emissions allowable under the permit'' means a federally enforceable permit term or condition 

determined at issuance to be required by an applicable requirement that establishes an emissions limit 

(including a work practice standard) or an enforceable emissions cap that the source has assumed to avoid 

an applicable requirement to which the source would otherwise be subject. 

2.17. "Emission point" means a stack, vent, process unit, or a definable arei (such as an open 

materials storage yard) fiom which the emission of any air pollutant occurs. 
2.19. ccEnforceable'y means enforceable by the Secretary and U.S. EPA, unless specifically designated 

to mean otherwise. 

2.20. "EPA" or "U.S. EPA" means the United States Environmental Protection Agency. 

2.21. 'Tinal permit" means the Title V operating permit issued pursuant to this rule that has 

completed all review procedures required under sections 6 and 7. 

2.22. "Fugitive emissions" are those emissions which could not reasonably pass through a stack, 

chimneyy vent, or other functionally-equivalent opening. 

2.23. 'Yieneral permit" means a Title V operating permit that meets the requirements of subsection 

5.4. 

2.24. "Hazardous air pollutanr' mea~s any substance listed on Table 45-30A. 

2.25. "Case-by-case maximum achievable control technology" or "MACT" means an emissions 

limitation requjriug the application of the maximum degree of reduction and control which the Secretary 

determines is achievable for each source or category of source which requires a case-by-case MACT 

determination pursuant to the provisions of subsections 12.1,12.2, and 12.3. 

2.25.11. In the case of sources constructed or modified afh the effective date of this rule, MACT 

shall not be less stringent than the most stringent emissions level that is achieved in practice by similar 

sources or processes. 

2.25.b. For existing sources, MACT may be less stringent than MACT requirements for new or 

modified sources in the same category, but shall not be less shingent than the following: 

2.25.b.1. For categories or subcategories with thitty (30) or more sources, the average emission 

limitation achieved by the best performing twelve (12) percent ofthe existing sources in the United States 

(for which the Secretaiy has or can reasonably obtain emission infodon). In making this 

determination the Secretary shall exclude sources that have achieved a level of emission rate or emission 

reduction equivalent to the lowest achievable emission rate (as defined in $171 of the Clean Air Act) 

applicable to the source category and prevailing at the time; or 

2.25.b.2. The average emission limitation achieved by the best performing five (5) sources in 

~e United States (for which the Secre&uy has or could reasonably obtain emissions information) within a 

category or subcategory with fewer than thirty (30) sources in the United States. 

2.25.c. For dl facilities, MACT shall represent the maximum degree of emission reduction that 

the Secretary determines is achievable taking into consideration the cost of achieving such emission 
g

; 

2.25.d.2. Enclose or seal equipment or systems to eliminate hazardous air pollutant emissions; 

2.25.d.3. Collecf capture, destroy and/or otherwise treat hamdous air pollutants released from 

a process, stack storage, or fugitive emissions point; 

2.25.d.4. Are work pdce or operational methods; or 

2.25.d.5. Are a combination of the above. 

2.26. Wajor source'' means any stationary source (or any group of stationary sources that are located 

on one or more contiguous or adjacent properties, and are under common control of the same person (or 

persons under common control)) belonging to a single major industrid grouping and that is described in 

subdivisions 2.264 2.26.b, or 2.26.c. For the purpose of defining %major source," a stationary source or 

group of statiwary sources shall be considered part of a single industrial grouping if all of the pollutant 

emitting activities at such source or group of sources on contiguous or adjacent properties belong to same 

Major Group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification 

Manual, 1987, except that a research and development facility may be treated as a separate source from other stationary sources that are part of the same industrial grouping, are located on contiguous or 

adjacent property, and are under common control. 

2.26.a. A major source mde~ 4 112 of the Clean Air Act, which is defined as: 

2.26.a.1. For pollutants other than mdionuclides, any stationary source or pup of stationary 

sources located within a contiguous area and under common control that emits or has the potential to 

emit, in the aggregate, ten (10) tons per year (tpy) or more of any hazardous air pollutant which has been listed pursuant to $1 12(b) of the Clean Air Act, or twenty-five (25) tpy or more of any combination of such hazardous air pollutants. Refer to Table 45-30A for a listing of hazardous air pollutants regulated 

pursuant to this rule. Notwithstanding the preceding sentence, emissions from any oil or gas exploration 

or production well (with its associated equipment) and emissions fiom any pipeline compressor or pump 

station shall not be aggregated with emissions fiom other similar units, whether or not such units are in a 

contiguous area or under common control, to determine whether such units or stations are major sources; 

or 

2.26.a.2. Radionuclides. -- In the event the Serretary obtains regulatory authority to implement 

federa1 requirements regarding radionuclides, the Secretary shall define "major source" consistent with 

the federal requirements. 

2.26.b. A major stationary source of air pollutants, as defined in $302 of the Clean Air Act, that 

directly emits or has the potential to emit, one hundred (100) tpy or more of my air pollutant subject to 

regulation (including any major soutre of fugitive emissions of my such pllutt~~t, as determined by rule 

of the Secretary). The fugitive emissions of a statiomq source shall not be considered in determining 
2.26.b.3. Pdand cement plants; 

2.26.b.4. Primary zinc smelters; 2.26.b.5. Iron and steel mills; 

2.26.b.6. Primary aluminum ore reduction plants; 2.26.b.7. Primary copper smelters; 

2.26.b.8. Municipal incinerators (or combidon thereof) capable of charging more than fifty 

(50) tons of refuse per day; 

2.26.b.9. Hydrofluoric, ssulfurc, or nitric acid plants', 2.26.b. 10. Petroleum deries; 2.26.b. 1 1. Lime plants; 

2.26.b.12. Phosphate rock processing plants; 

2.26.b.13. Coke oven batteries; 2.26.b. 14. Sulk recovery plants; 

2.26.b. 15. Carbon black plants (furnace process); 

2.26.b. 16. Primary lead smelters; 

2.26.b.17. Fuel conversion plants; 2.26.b.18. Sintering plants; 2.26.b. 19. Secondary metal production plants; 

2.26.b.20. Chemical process plants - the term chemical processing plant shall not include 

ethanol production facilities that produce ethanol by natural fermentation included in NALCS codes 

325193 or 3 12140; 

2.26.b.21. Fossil-he1 boilers (or combhation thereof) tutaJing more than 150 million British 

thermal units per hour heat input; 
2.26.b.24. Glass fiber processing plants; 2.26.b.25. Charcoal production plants; 

2.26.b.26. Fossil fuel-fmd steam eldc plants of more than 250 million British tfid 

units per hour heat input; 

2.26.b.27. Ammonium sulfhte mauuf8cturi~g plants; 

2.26.b.28. Asphalt concrete plants; 2.26.b.29. Asphalt processing/roof111g manufacturing plants; 

2.26.b.30. Buk gasoline terminals; 

2.26.b.3 1. Dry cleaning plants; 2.26.b.32. Glass manufactutiug plants; 

2.26.b.33. Grain elevators; 2.26.b.34. Graphic arts (rotogravure) plants; 

2.26.b.35. Hazardous waste incineration facilities; 

2.26.b.36. Lead-acid battery mmufaduring plants, 2.26.b.37. Mineral processing plants; 

2.26.b.38. Natural gas processing facilities; 2.26.b.39. Phosphate fertilizer production and storage facilities; 

2.26.b.40. Rubber tire manufacturing plants; 2.26.b.4 1. Sewage treatment plants; 

2.26.b.42. Synthetic fiber production plants; 

2.26.b.43. Surface coating and printing operations; and 
tons or more per year of voIatile organic compounds (VOCs) or oxides of nitrogen (Nod in areas 

classified as "marginal" or 'Werate," fifty (50) tons or more ger year in areas classified as "serious," 

twenty-five (25) tons or more per year in areas classified as "severe," and ten (10) tons or more per year 

in areas classified as "extreme"; except that the references in this clause to one hundred (loo), £ifty (SO), 

twenty-five (25), and ten (10) tons per year of nitrogen oxides shall not apply with respect to any source 

for which U.S. EPA has made a finding, under $181(f)(1) or (2) of the Clean Air Act, that requirements 

under 9 18 1(f) of the Clean Air Act do not apply; 

2.26.c.2. For ozone transport regions established pursuant to $184 of the Clean Air Act, sources 

with the potential to emit fVq (50) tons or more per year of volatile organic compounds (VOCs); 

2.26.c.3. For carbon monoxide ("COW) nonattainmimt areas that are classified as "serious," and 

in which stationary sources contribute significantly to carbon monoxide levels, sources with the potential 

to dt fifty (50) tons or more per year of carbon monoxide; and 

2.26.c.4. For particulate matter (PMIO) nonattaimnent areas classified as "serious," sources 

with the potential to emit seventy (70) tons or more per year of PM10. 

2.27. 'Termit'' means any pemit or group of permits covering a source or sources of emissions that 

are issued, renewed, amended, or revised pursmt to this rule. 

2.28. "Permit modification" means a revision to a Title V aperating pemit issued under this rule that 

meets the requirements of subsection 6.5. 

2.29. "Permit revision" means any permit modification or administrative permit amendment. 

2.30. "Person" means any and all persons, natmd or artificial, including the State of West Virginia or 

any other State, the United States of America, any municipal, statutory, public, or private corporation, 

organized or existing under the laws of this or any other state or country, and any firm, partnership, or 

association of whatever nature. 

2.3 1. "Potential to emit" means the maximum capacity of a stationary some to emit my air pollutant 

under its physical and operational design. Any physical or operational limitation on the capacity of a 

source to emit an air pollutant, including air pollution control equipment and restrictions on hours of 

operation or on the type or mount of material cornbusted, stored, or processed, shall be treated rts part of 

its design if the limitation is enforceable. This term does not alter or affect the use of .this term for any 

other purposes under the Clean Air Act, or the term "capacity factor" as used in Title W of the Clean Air Act (Acid Deposition Cootrol) or the regulations promulgated thereunder. 

2.32. "Proposed permit" means the version of a permit that the Secretary proposes to issue and 

forwards to U.S. EPA for review in compliance with section 7. 
2.33.c. Any pollutant that is subject to any stmdard promulgated under 511 1 of the Clean Air 

Act; 

2.33.6. Any Class I or II substance subject to a standard pmmulgated under or established by 

Title VI of the Clean Air Act (9602). Refer to Table 45-30B for a listing of Class I and D substances 

regulated pursuant to this rule; 

2.33.e. Auy poilutant subject to a standard or other requirement under 5 1 12 of the Clean Air Act, 

including $9 1 12(g), (j), and (r), inciudhg the following: 

2.33.e.1. Any pollutant subject to requirements under (5 1 12(j) of the Clean Air Act. If the U.S. 

EPA fails to promulgate a standard by the date established pursuant to 5 112(e) of the Clean Air Act, my 

pollutant for which a subject somx would be major shall be considered to be regulated on the date 18 

months after the applicable date established pursuant to 5 112(e) of the Clean Air Act. 

2.33.e.2. Any pollutant fur which the requirements of 9 112(g)(2) of the Clean Air Ad have 

been met, but only with respect to the individual source subject to that 5 112(g)(2) requirement. 

2.33.f.Any other pollutant regulated by the West Virgjnia Department of Envitolltnental Protection 

under an emission standard or ambient air quality standard. 

2.34. 'XeguIated pollutant (for fee calculation)," which is used only for purposes of section 8, 

excludes greenhouse gases as defined in 40 CFR $86.181&12(a) and means any 'kgulated air pollutant" 

except the following: 

2.34.a. Carbon monoxide provided that emissions of carbon monoxide do not fall under the 

provisions of paragraph 2.26.c.3; 

2.34.b. Any Class I or 11 substance which is a regulated air pollutant solely because it is listed 

pursuant to $602 of the Clean Air Act. Refer to Table 45-30B for a listing of Class I and Class II 

substances; 

2.34.c. Any pollutant that is a regulated air pollutant only because it is subject to a standard or 

regulation under 51 12(r) of the Clean Air Act; or 

2.34.d. Any pollutant that is a regulated air pollutant solely because it is listed in 45CSR27. 

2.35. "Relocation" means the physical movement of a source outside its existing plant boundaries. 2.36. "Renewal" means the process by which a permit is reissued at the end of its term. 
and development into new processes and products, that is operated under the close supervision of 

technically trained personnel, and that is not engaged in the manufacture of products for sale or exchange 

for commmial profit; or the experimental fuhg of any fuel or combination of fuels in a boiler, heater, 

bace, or dryer for the purpose of conducting research and development of more efficient combustion or 

more effective prevention or control of air pollutant emissions, provided that the heat generated is not 

used for production purposes or for producing a product for sale or exchange for commemial profit. 

2.38. LcResponsibb official" means one of the following: 

2.38.a. For a corporation: a president, secretary, tmastreasurer, or vice-president of the corporation in 

charge of a principal business fixnction, or any other person who performs similar policy or decisionmakiig functions for the corporation, or a duly authorized representative of such person if the 

representative is responsible for the overall operation of one or more manufacturing, production, ar operating facilities applying for or subject to a permit and either: 

2.38.a.1. The facilities employ more than 250 persons or have gross annual sales or 

expenditures exceeding $25 million (in second quarter 1980 dollars), or 

2.38.a.2. The delegation of authority to such representative is approved in advance by the 

Secretary; 

2.38.b. For a partnership or sole proprietorship: a general partner or the proprietor, respectively; 

2.38.c. For a municipality, State, Federal, or other public agency: either a principal executive 

officer or ranking elected official. For the purposes of this rule, s principal executive officer of a Federal 

agency includes the chief executive officer having responsibility for the overall options of a principal 

geographic unit of the agency (e-g., a Regional Adminishator of U.S. EPA); or 

2.38.d. For affkcted sources: 

2.38.d.1. The designated representative in so far as actions, standards, requirements, or 

prohibitions under Title IV of the Clean Air Act (Acid Deposition Control) or the regulations 

promulgated thereunder are concerned; and 

2.38.d.2. The designated representative for any other purposes under this rule. 

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

person to whom the Secretary has delegated authority or duties pursuant to W-Va Code 5522- 1-6 or 22-1 - 

8. 

2.40. "Section 502(b)(lO)" changes or "§502(b)(lO)" changes are changes that contravene sn express 
5 1 12(b) of the Clean Air Act. 

2.42. "Source-specific permit" means a single Title V operating pamit addressing all of the relevant 

emission units and operations which are subject to applicable requirements at a particular source or major 

som. 

2.43. "Subject to regulation" means, for my air pollutant, that the pollutant is subject to either a 

provision in the Clean Air Act, or a nationally-applicable regulation codified by the Administrator, 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 m restrict the quantity of emissions of that pollutant 

released fiom the regulated activity. Except that: 

2.43.a. Greenhouse gases, the air pollutant defined in 40 CFR 586.1818-12(a) as the aggregate 

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

perfluorocarbons, and sub hexafluoride, shall not be subject to regulation unless, as of July 1,201 1, the 

greenhouse gas emissions are at a stationary source emitting or having the potential to emit 100,000 tpy CQ equivalent emissions; and 

2.43.b. The term tpy C02 equivalent emissions (CQe) shall mpresent an amount of GHGs 

emitted, and shall be computed by multiplying the mass amount of emissions (tpy), for each of the six 

greenhouse gases in the pollutant greenhouse gases, by the gas's associated global warming potential 

published at Table A-1 to Subpart A of40 CFR Part 98 - Global Warming Potentials, and summing the resultant value for each to compute a tpy COze. For purposes of this subdivision, prior to July 21,2014, 

the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from 

the combustion or decomposition of non-fossilized and biodegradable organic material originating fiom plants, animals, or micro-organisms (including products, by-products, residues and waste from agriculture, foreshy and related industries as well as the nm-fossilized and biodegradable organic 

fractions of industrial and municipal wastes, including gases and liquids recovered hm the 

decomposition of non-fossilized and biodegradable organic material). 

2.44. "Title V operating permit'' means a permit issued under the provisions of this rub. 2.45. "Title V source" means a source required to obtain a Title V operating permit. 2.46. 'Volatile organic compound" (VOC) means theterm as defined in 40 CFR 55 1.100(s). 

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

ascribed to them in W.Va. Code 522-5-1 et seq. and 40 CF'R $70.2. 
3.1 .a. 1. Any major source; 

3.l.a.2. Any souroe, including an area source, subject to a standard or other requirements 

promulgated under 5 1 1 1 of the Clean Air Act; 

3.1.a.3. Any source, including an area source, subject to a standard or other requirements 

under § 112 of the Clean Air Act, except that a source is not required to OW a permit solely because it is subject to regulations or requirements under 8 1 12(r) of the Clean Air Act; 

3.1 .a.4. Any d3-d source; and 

3.l.b. If, on the effective date of the operating permit program, a source is not subject to 

enForceable emissions limitations or such other enforceable measures that require the continued operation and maintenance of air pollution control equipment andh other operational limitations that make the 

source non-major, the source shall be treated as a major source subject to the requirements of this rule. 

3.2. Exemptions and deWs. 

3.2.a. Except as provided in section 4, all sources listed in subsection 3.1 that are not major 

sources, affected sources, or solid waste incineration units required to obtain a permit pursuant to 8 129(e) 

of the Clean Air Act may be deferred by the Secretary on a specific source category his from the 

obligation to obtain a Title V operating permit under this rule. Any such deferral by ?he Secretary shall be 

consistent with the timetable established by U.S. EPA for nm-major sources to which this rule applies 

except as provided under subdivision 4.1 .a. 

3.2.b. [Reserved]. 

3.2.c. Unless otherwise required by this rule to have a Title V opetating permit, the following 

source categories are exempted hm the obligation to obtain a Tie V operating permit: 

3.2.c.l. All sources and source categories that would be required to obtain a permit solely 

because they are subject to 40 CFR Part 60, Subpart AAA (1988) - Standards of Perf~mance for New 

Residential Wood Heaters; and 

3.2.c.2. All sources and source categories that would be re@ to obtain a permit solely 

because they are subject to 40 CFR Past 61, Subpart M (1984) - National Emission Standard for 

Hazardous Air Pollutants for Asbestos, 40 CFR 861.145, Standard for Demolition and Renovation. 

3.2.d. As provided in this subdivision, the following units or activities within a stationary source 

subject to this rule may be deemed to be insignificant 
generated by or released fi-om specific units of equipment. 

3.2.d.4. Indoor or outdoor kerosene heaters. 

3.2.d.S. Space heaters operating by direct heat transfer. 

3.2.d.6. Repairs or maintenance where no strud repairs are made and where no new air 

pollutant emitting facilities are installed or modified. 

3.2.d.7. Ait contaminant detectors or recorders, combustion controllers or shutoffs. 

3.2.d.8. Brazing, soldering or welding equipment used as an auxiliary to the principal 

equipment at the source. 

3.2.d.9. Any consumer product used in the same manner as h normal consumer use, provided 

the use results in a duration and fi.equency of exposure which are not greater than those experienced by 

comumm, and which may include, but not be limited to, personal use items janitorial cleaning supplies, 

office supplies and supplies to maintain copying equipment. 

3.2.d.10. Equipment on the premises of industrial and manufacturing operations used solely for 

the purpose of pneparing food for human consumption. 

3.2.d. 11. Portable generators. 

3.2.d.12. Firefighting equipment and the equipment used to train firefighters. 

3.2.d. 13. Such other sowes or activities as the Secretary may determine with EPA approval. 

3.2.e. Potential emissions hm the units or activities listed under subdivision 3.2.d. shall not be 

excluded in the determination as to whether a stationary source is a major source for the purpose of 

determhimg applicability of this rule; nor shall units subject to applicable requirements be deemed to be 

insignificant emission units. Units or activities deemed insignificant shall be identified in the permit 

application, and the owner or operator shall upon request provide sufficient information for the Secretary 

to verlfy that such units or activities are insignificant, provided that for all units or activities deemed 

insignificant because of their size, production rate or amount of pollutant emitted, or for which applicable 

requirements may apply, the owner or operator shall provide information sufficient for the Secretary to 

verify that the unit or activity is insignificant at the time the permit application is submitted. 

3 -3. Emission units snd sources. 

3.3.a. For major sources, the Secretary shall include in the permit all applicable requirements for 
the permit application and all operating permits issued under this rule in the same msnner as stack 

emissions, regardless of whether the source category in question is included in the list of sources 

contained in the definition of major source. 84530-4.Application for Permits. 

4.1. Duty to apply. -- For each source, the owner or operator shall submit a timely and complete 

permit application in accordance with this section. 

4.1 .a. Timely application. 

4.l.a.l. Except as otherwise provided, applications for permits for sources which are in 

existence on the effective date of the operating permit program shall be submitted in accordance with the 

following schedule: 

4.1.al.A.Applications for coal preparation plants as defined in 40 CFR 5560.250 and 251, 

whether major or minor sources, which are subject to performance standards under 40 CFR Part 60, 

Subpart Y, and all other coal preparation plants which are major sources shall be submitted to the 

Secretary within ninety (90) days of the effective date of tbe operating permit program. 

4.1 .a. 1 .B. Applications for natural gas processing plants or natural gas pipeline compressor 

engines subject to this rule shall be submitted to the Secretary within ninety (90) days of the effective date 

of the operating permit program. 

4.1.a. 1 .C. Applications for all hot mix asphalt plants subject to the requirements of 40 CFR 

Part 60 Subpart I including area sources and all hot mix asphalt plants which are major sources shall be 

submitted to the Secretary within ninety (90) days of the effective date of the operating permit program. 

4.l.a.l.D.Applicatiom for glass manufacturing plants subject to this rule includmg area 

sources subject to 40 CFR Part 60 Subpart CC shall be submitted to the Semetary within me hundred 

eighty (1 80) days of the effective date of the operating pennit program. 

4.1 .a.l .E. Applications for chemical manufig plants or any other stationary sources 

subject to the requirement of this rule which contain fewer than 100 emission points shall be submitted 

withim one hundred eighty (1 80) days of the effective date of the operating permit program. 

4.1 .a. 1.F. Application for all other stationary sources subject to this rule shall be submitted to 

the Secretary within twelve (12) months of the effedive date of the operating permit program. 

4.1.a.2. Sources required to meet requirements under § 112(g) of the Clean Air Ac.4 or to have 

a permit under the preconstmction review program approved into the State Implementation Plan under 
all applicable precoastruction permitting rules. 

4.l.a3. A permit renewal application is timely if it is submitted at least six (6) months prior to 

the date of permit expiration. 

4.l.a.4. Applications for initial Phase II (as defined in Title IV of the Clean Air Act) aid 

deposition control permits shall be submitted to the Secretary by Jruluary 1, 1996 for sulfur dioxide, and 

by January 1,1998 for Nh. 

4: l.a.5. Within eighteen (18) months following the date established by U.S. EPA's failure to 

timely promulgate a standard in accordance with the requirements of §1.12(e) of the Clean Air Act, the 

owner or operator of a major source subject to this paragraph shall file an application for a permit. If the 

owner or operator of a source has submitted a timely and complete application for a permit required by section 4, any failure to have a permit shall not be a violation of the requirements of this rule, unless the 

delay in final action is due to the failure of the applicant to timely submit infohation required or 

requested by the Secretary to process the application on fonns to be made available by the Secretary. 

4.1.b. Complete application. -- To be deemed complete, an application must provide all 

information required pursuant to subsection 4.3, except that applications for permit revision need supply 

such infarmation only if it is reW to the proposed change. Idonnation requited under subsection 4.3 

must be sufficient for the Secretary to evaluate the subject source and its application and to determine all applicable requirements. A responsible official shall certify the submitted infomation consistent with subsection 4.4. Unless the Secretary determines that an application is not complete within sixty (60) days of receipt of the application, such application &all be deemed to be complete, except in the case of minor 

permit modifications made pursuant to subsection 6.5. Any application which is timely submitted and 

subsequently determined to be complete within the initial sixty (60) day completeness review period by 

the Secretary shall be deemed to be complete on the date that it was filed. If, during processing an 

application that has been determined or deemed to be complete, the Secretary determines that additional 

information is necessary to evaluate or take final don on that application, the Secretary may request 

such Somation in writing and set a reasonable deadline for a response. The source's abiiity to operate 

without a pennit, as set forth in subsection 6.2, shall be in effect hm the date the application is 

determined or deemed to be complete until the final permit is issued, provided that the applicant submits 

any requested additional information by the deadline specified by the Secrebsy. 

4.1 .c. Confidential information. - In the case where a source has submitted information to the 

State under a claim of confidentiality pursuant to W.Va. Code $22-5-10 and 45CSR31, the Secretary may 

also require the source to submit a copy of such information directly to the U.S. EPA. 

4.2. Duty to supplement or carrect application. - Any applicant who fails to submit any relevant 

fizcts or who has submitted incorrect information in a permit application shall, upon becoming aware of 

such failure or incorrect submittai, promptly submit such supplementary facts or corrected information. 
which is not insignificant as defmed in subdivision 3.2.4 shall be included in the application, except that 

a list of insignificant activities or emission units must be included in the application. An application shall 

contain all information necessary to determine ~e applicability of, or to impose, any applicable 

requirement, and to evaluate the fke amount required under section 8. The application forms shall 

incIude, but not be limited to, the elements specified below: 

4.3.a. Identifying idonnation, inchding company name and address (or plant name and address if 

different from the company name), owner's name and agent, and telephone number and names of plant 

site manager/contact. 

4.3.b. A description of the source's processes and products (by Standard Industrial Classification 

Code) including those associated with my proposed alternative operating scenario identified by the 

source. 

4.3.c. The following emission-related idomtion: 

4.3.c.l. AU emissions of poIlutants for which the source is major, and all emissions of 

regulated air pollu~. A permit application shall describe dl emissions of regulated air pollutants 

emitted fiom any emissions unit, except where such units qualify as insignificant emission units as 

defmed in subdivision 3.2.d or are exempted under subsection 3.1. In the case of insignificant emission 

units or activities defined under subdivision 3.2.4 an applicant shd provide information regarding emissions to the extent required under subdivision 3.2.e. The Secretary shall require additional 

information related to the emissions of air pollutants sufficient to verify which requirements are 

applicable to the source, and other iafomation necessary to collect any permit fees owed under the fee schedule approved pursuant to section 8. 

4.3 .c.2. Identification and description of all points of emissions described in paragraph 4.3.c. l 

in sufficient detail to establish the basis for fees and applicabiiily of requirements of this rule, W.Va. 

Code $22-5- 1 et seq., and the Clean Air Act. 

4.3.c.3. Emissions rates in tons per year and in such terms as are necessary to establish 

compliance consistent with the applide standard reference test method. For emissions units subject to 

an annual emissions cap, tons per year can be reported as part of the aggregate emissions associated with 

the cap, except where more specific information is needed, including where necessary to determine dor 

assure compliance with an appIicable requirement. 

4.3.c.4. The following information to the extent it is needed to deternine or regulate 

emissions: fuels, fuel use, raw materials, production rates, and operating schedules. 

4.3.c.5. Identification and description of air pollution contml equipment and compliance 

monitoring devices or activities. 
Engineering Practices as Applicable to Stack Heights"), such as the location of emissions units, flow 

rates, building dimensions, and stack parameters (including height, diameter, and plume temperature) for all regulated air pollutants. 

4.3.c.8. Caioulations or test data on which the information in paragraphs 4.3.c.l through 

4.3.c.7. above is based. 

4.3.d. The following air pollution control requirements: 

4.3 .d. 1. Citation and description of all applicable requirements; 

4.3.d.2. Description of or reference to my applicable test method for determining comlplisnce 

with each applicable requirement; and 

4.3.d.3. A list of all e&ctive air quality-related permits and orders and a list of all such permit 

applications which are pending action by the Secreteuy or U.S. EPA. 

4.3.e. Other specific information that may be necessary to implement and enforce other 

requirements of the W.Va. Code $922-5-1, et seq. and 22-18-1, et seq. or the Clean Air Act or to 

determine the applicability of such requirements. 

4.3.f. An explanation of any proposed exemptions hm otherwise applicable requirements. 4.3.g. Additional information as determined to be necessary by the Secretary to define proposed 

alternative operating scenarios identified by the source pursuant to subdivision 5.1.i or to define permit 

terns and conditions implementing any alternative operating scenario under subdivision 5.l.i or 

implementing subsection 5.8 or subdivision 5.l.j, or define alternative equivalent emission limits pursuant 

to paragraph 5.1 .a.3. The permit application sWI include documentation demonstrating that the source 

has obtained all authwization(s) required under the applicable requirements relevant to any proposed alkmative operating scenario, or a certification that the source has submitted all relevant materials to the 

Secretary for obtaining such authorization(s). 

4.3 .h. A compliance plan for all sources that contains all the following: 

4.3.h. 1. A description of the compliance status of the source and a schedule for wmpliance by 

the some with respect to dl applicable requirements, as follows: 

4.3.h.l.A. For applicable requirements with which the source is in compliance, a 

statement that the source will continue to comply with such requirements. 

4.3.h. 1 .B.For applicable requirements that will become effective during the permit term, a 
permit issuance. Such a schedule sbll include a schedule of remedial measures, including an enforceable 

sequence of actions with milestones, leading to compliance with any applicable requirements for which 

the source will be in noncompliance at the time of pennit issuance. This compliance schedule shall 

resemble and be at least as stringent as that contained in any judicial consent decree or administrative 

order to which the source is subject. Any such schedule of complimce shall be supplemental to, and shall 

not sanction noncompliance with, the applicable requirements on which it is based. 

4.3.h.l.D. For applicabIe requirements associated with a proposed alternative operating 

scenario, a statement that the source will meet such requirements upon implementation of the alternative 

operating scenario. If a proposed alternative operating scenario would implicate an applicable 

requirement that will become effective during the permit term, a statement that the source will meet such 

requirements on a timely basis. A statement .that the source will meet in a timely manner applicable 

requirements that become effective during the permit term will satisfy this provision, unless a more 

detailed schedule is expressly required by the applicable requimnent. 

4.3.h.2. A schedule for submission of certified progress reports where applicable no less 

frequently than every six (6) months. For sources required to have a schedule of compliance to remedy a 

violation, a more fbquent period no greater than once a month as specified by the Secretary4.3.h.3. The compliance plan content requirements specified in subdivision 4.3.h shall apply 

and be included in the acid deposition control portion of a compliance plan for an affected source except 

as specifically superseded by 45CSR33. 

4.3 .i. Requirements for compliance certification, including the following: 

4.3.i.l. A certification of compliance with all qp1icable requirements by a responsible 

official consistent with subsection 4.4 and 5 114(a)(3) of the Clean Air Act; 

4.3.i.2. A statement of methods used for determining compliance, including a description of 

monitoring, recordkeeping, and reporting requirements and test methods; 

4.3.i.3. A schedule for submission of compliance certifications during the pennit term, to be 

submitted no less kquently than annually, or more frequently if specified by the underlying applicable 

requirement or by the Secretary; and 

4.3.i.4. A statement indicating the source's compliance status with any applicable enhanced 

monitoring and compliance certification requirements of the Clean Air Act and the rules of the West 

Virginia Department of Environmental Protection. 

4.3.j. The use, where applicable, of nationally standardized foms for Title IV of the Clean Air Act 

portions of pennit applications and compliance plans. 
5.1. Standard permit requirements. - Each Title V operating permit issued under section 6 shall 

include dl applicable requirements that apply to the source at the time of permit issuance and the 

following elements: 

5.1 .a. Emission limitations and standards, including those ojmational requirements and limitations 

that assure compliance with all applicable requirements at the time of permit isswce. Such requirements 

and limitations may include approved replicable methodologies identified by the source in its permit 

application as approved by Secretary, provided that no approved repliable methodology shall contravene 

any tams needed to comply with any otherwise applicable requirement or requirement of this rule or 

circumvent any applicable requirement that would apply as a result of implementing the approved 

qlicable methodology. 

5. I .a. 1. The permit shall specify and rebnce the origin of and authority far each term or 

condition, and identie any difference in form as compared to the applicable requirement upon which the 

term or condition is based. 

5.1.a.2. Tbe pennit shall state that, where applicable regukments of the Clean Air Act m 

more stringent than any applicable requirement of 45CSR33, both provisions shall be incorporated into the permit and shall be enforceable by the Secretary and U.S. EPA. 

5.1 .a3. If the mles promulgated by the Secretary pursuant to provisions of Title I ofthe Clean 

Air Act and contained in tbe State Implementation Plan allow a determination of an alternative equivalent 

emission limit at a source to be made in the permit issuance, renewal, or significant modification process, 

any permit containing such equivalency determination shall contain provisions to en- that any 

resulting emissions limit has been demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures. 

5.1 .b. Permit duration. -- The Secrw shall issue permits for a fixed tenn of five (5) years for all 

sources regulated pursuant to this rule. 

5.1 .c. Monitoring and related recordkeeping and reporling requkanents. 

5.1 .c.l. Each pennit shall contain the following requirements with respect to monitoring: 

5.l.c.l.A.All emissions monitoring and analysis procedures or test methods required under 

the applicable requirements, including any procedures and methods promulgated pursuaflt to §9504(b) or 

114(a)(3) of the Clean Air Act; 

5.1 .c. 1 .B. Where the applicable requirement does not require periodic testing or iusQummtal 

or noninstrumental monitoring (which may consist of recordkeeping designed to serve as monitoring), 
5.1 .c. 1 .C. As necessary, requirements concerning the use, maintenance, and, where 

appropriate, installation of monitoring equipment or methods. 

5.I.c.2. With respect to recordkeeping, the permit shall incorporate all applicable 

recordkeeping requirements and require the following: 

5.1 .c.2.A.Records of monitoring information that include the following: 

5.l.c.2.A.1. The date, place as defined in the permit, and time of sampling or 

measurements. 

5.1 .c.2.A.2. The date@) dyses were performed. 

5.l.c.2.A.3. The company or entity that performed the analyses. 

5.l.c.2.A.4. The analytical techniques or methods used. 

5.1 .c.2.A.5. The results of such analyses. 

5.1 .c.2.A.6. The operating conditions existing at the time of sampling or measurement. 

5.l.c.2.B.Retention of records of all required monitoring data and support information for a 

period of at least five (5) years fiom the date of monitoring sample, measurement, report, or application. 

Support infomation includes all calibration and maiotemnce records and all original strip-chart 

recordings for continuous monitoring instrumentation, and copies of all reports required by the permit. 

Whe~ appropriate, the permit may allow rewrds to be maintained in computerized form in lieu of the above records. 

5.l.c.3. With respect to reporting, the permit shall incorporate all applicable reporting 

requirements and quire the following: 

5.1 .c3 .A. Submittal of reports of any required monitoring at least every six (6) months, but 

no more often than once per month. All instances of deviations fiom permit requirements must be clearly 

identified in such reports. All required report. must be certitied by a responsible official consistent with 

subsection 4.4. To the extent practicable, the schedule fm submission of such reports shall be timed to 

coincide with ather periodic reports required by the permit, including the permittees' compliance 

certifications. 

5.1 .c3 -3. Reporting of deviations from permit requirements, including those attniutable to 

upset conditions as defined in the permit, the probable cause of such deviations, and any corrective 

actions or preventive measures taken in acwrdance with any rules of the West Virginia Department of 
subsection 5.7, shall be reported by telephone or telek within one (1) working day ofthe date on which 

the permittee becomes aware of the deviation, if the permittee desires to assert the affmative defense 

authorized by subsection 5.7. A written report of such deviation, which shall incMe the probable cause of 

such deviations, and any corrective actions or preventive measunes taken, shall be submitted and certified 

by a responsible official within ten (1 0) days of the deviation. 

5.l.c.3.C.2. Any deviation that poses an imminent and substantial danger to public 

health, safety, or the environment shall be reported to the Secretzlry immediately by telephone or telefax. 

A written report of such deviation, which shall include the probable cause of such deviation, and any 

corrective actions or preventive measures taken, shall be submitted by a responsible official within ten 

(1 0) days of the deviation. 

5.l.c.3.C.3. Any other deviation that is identified in the pennit as requiring more 

frequent reporting than the permittee's reports of required monitoring shall be reported on the schedule 

specified in the pennit. 

5.l.c.3.C.4. All reports of deviations shall identifjr the probable cause of the deviation 

and any corrective actions or jmventative measures taka. 

5.l.c.3.D.Every report submitted under this subsection shall be certified by a responsible 

official. 

5.1 .c.3 .E. A permittee may request confidential treatment for infomation submitted under 

this subsection pursuant to the limitations and procedures of W.Va Code 522-5-10 and 45CSR31. 

5.1 .d. A permit condition prohibiting emissions exceeding any allowances that the source lawfUlly 

holds under Title N of the Clean Air Act or 45CSR33. 

5.1 .d. 1. No permit revision shall be required for increases in emissions that are authorized by 

allowances acquired pursuant to the acid deposition control program, provided that such increases do not 

require a permit revision under any other applicable requirement. 

5.1 .d.2. No limit shall be placed on the number of allowances held by the source. The source 

may not, however, use allowances as a dehnse to noncompliance with any other applicable requirement. 

5.1 .d.3. Any such allowance &dl be accounted for according to the procedures established in 

rules promulgated under Title IV of the Clean Air Act. 

5.1.e. A severability clause to ensure the continued validity of the various permit requirements in 

the event of a challenge to any portion of the permit. 

5.1 .f. Provisions stating the following: 
5.1.f.2. Need to halt or reduce activity not a defense. -- It shall not be a defense for a 

permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit. However, nothing in this 

paragraph shall be construed as precluding consideration of a need to halt or reduce activity as a mitigating factor in determining penalties for noncompliance if the health, safety, or environmental 

impacts of halting or reducing operations would be more serious than the impacts of continued operations. 

5.1 .f3. Permit actions. -- The permit may be modified, revoked, reopened and reissued, or 

terminated for cause. The filing of a request by the permittee for a permit modification, revocation and 

reissuance, or termination, or of a notScation of planned changes or anticipated noncompliance does not 

stay any permit condition. 

5.1 .f.4. Property rights. The permit does not convey any property rights of any sort, nor any 

exclusive privilege. 

5.1 .f.5. Duty to provide information. - The permittee shall furnish to the Secretary, within a 

reasonable time, any information that the Secretary may request in writing to determine whether cause 

exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with 

the permit. Upon request, the permittee shall furnish to the Secretary copies of records required to be kept by the permit. For information claimed to be confidential, the permittee shall furnish such records to the 

Secretary and directly to U.S. EPA dong with their claim of confidentiality. 

5.1.g. Fees. -- A provision to ensure that a source pays fees to the Division of Air Quality 

consistent with section 8. 

5.1 .h. Emissions trading. - A provision stating that no permit revision shall be required, under any 

approved economic incentives, marketable permits, emissions trading, and other similar programs or 

processes for changes that ase provided for in the permit md that are. in accordance with all applicable 

requirements. 

5.1 .i. Terms and conditions for reasonably anticipated alternative operating scenarios identified by 

the source in its application and which are approved by the Secretary. Such terms and conditions: 

5.1.i.l. Shall require the source, contemporaneously with making a change from one 

operating scenario to anotber, to record in a log at the permitted facility a mrd of the alternative 

operating scenario under which it is operating.; 

5.l.i.2. Shall extend the permit shield described in subsection 5.6 to all terms and conditions 

under each such abrnative operating scenario; and 

5.l.i.3. Shall ensure that the terms and conditions of each such alternative operating scenario 
trading such increases and decreases without a caseby-case approval of each emissions trade. Such tms 

and conditions: 

5. Shall include dl terms required under subsections 5.1 and 5.3 to determine 

compliance; 

5.1.j.2. Shall extend the permit shield described in subsection 5.6 to all terms and conditions 

that allow such increases and decreases in emissions; and 

5 1 Shall meet all applicable requirements and requirements of this rule. 

5.2. Federallyenforceable requirements. 

5.2.a. All tenns and conditions in a permit issued pursuant to this rule, including any provisions 

designed to limit a source's potential to emit and excepting those provisions that are specifically 

designated in the permit as " ~nforceable ow, ate enforceable by the Secretary, U.S. S.A, and citizens under the Clean Air Act. 

5.2.b. Notwithstanding subdivision 5.2.a, the Secretary shall spec~ly designate as not being 

federally enforceable under the Clean Air Act any terms and conditions included in the permit that are not 

required under the Clean Air Act nor under any of its applicable requirements. Terms and conditions of 

pennits issued under this rule which are state enforceable only me not subject to the requirements of 

section 7 nor shall they be subject to objection, requests for permit reopening, or enforcement by U.S. 

EPA. Permit revisions and reopening for state-only requirements shall be accomplished by using the procedures of section 6, except that such revisions are not subject to U.S. EPA or affected state review. 

5.3. Compliance requirements. -- All Title V operating permits shall contain the following elements 

with respect to compliance: 

5.3.a Consistent with subdivision 5.l.c : compliance certification, testing, monitoring, reporting, 

and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the 

permit. Any document, including reports, required by a Title V operating permit shall contain a 

certification by a responsible official that meets the requirements of subsection 4.4. 

5.3.b. Inspection and entry requirements that require that, upon presentdon of credentials and 

other documents as may be required by law, the permittee shall allow fhe Secretary or an authorized 

designee of the Secretary to perfonn tbe following: 

5.3.b.l. At all reasonable times (including all times in which the facility is in operation) enter 

upon the permittee's premises where a source is located or emissions related activity is conducted, or 

where records must be kept under the conditions of the permit; 
operations regulated or required under the permit; and 

5.3.b.4. Sample or monitor at msonable times substances or parameten to determine 

compliance with the permit or applicable requirements or ascertain the amounts and types of pollutants 

discharged. 

5.3.c. A schedule of compliance consistent with subdivision 4.3.h. 

5.3.d. Progress reports consistent with m applicable schedule of compliance and subdivision 4.3.h 

to be submitted at least semiannualty, or at a more mueat period if specified in the applicable 

requirement or by the Secretary. Such pro~s reports shall contain the following: 

5 -3 .d. I. Dates for achieving the activities, milestones, or compliance required in the schedule 

of compliance, and dates when such activities, milestones or compliance were achieved; and 

5.3.d.2. An explanation of why any dates in the schedule of compliance were not or will not 

be met, and any preventive or corrective measures adopted. 

5.3.e. Requirements for compliance certification with terms and conditions cantahed in the permit, 

including emission limitations, standards, or work practices. - Permits shall include each of the 

following: 

5.3.e.l. The hquency (not less than annually or a more fiequent period as specified in the 

applicable requirement or by the Secretary) of submissions of compIiance certif~cations; 

5.3.e.2. In accordance with subdivision 5.1.~~ a means for assessing or monitoring the 

compliance of the source with its emissions limitations, standards, and work practices; 

5.3.e.3. A requirement that the compliance certification include the followiug: 

5.3.e.3.A.The identification of each term or condition of the permit that is the basis of the 

certification; 

5.3.e.3.B.The identification of the method(s) or other means used by the owner or operator 

for determining the compliance status with each tam and condition during the certification period, as 

shown by test or monitoriug data, records, and other information reasonably available to the permittee. 

Such methods and other means shall include, at a minimum, the methods and means required under 

subdivision 5.l.c; 

5.3.e.3.C.The status of compliance with the tenns and conditions of the pamit for the period 

covered by the certification, including whether compliance during the period was continuous or 
5.3.e.3.D.Such other f'acts as the Secretary may require to determine the compliance status of 

the source; 

5.3.e.4. A requirement that all compliance certifications be submitted to U.S. EPA as well as 

to the Sectetmy; and 

5.3.f. Such other provisions as the Secretary may require to detm.nine the compliance status of the 

source. 

5.4. General permits. 

5.4.a. The Secretary may, &er notice and opportunity for public participation as contained in 

section 6, issue a general permit covering numerous similar sources. Any general permit shall comply 

with all requirements applicable to other Title V operating pennits and shall identie criteria by which 

sources may quaFifjr for the general permit. To sources that qualm, the Secretary shall grant the 

conditions and terms of the general permit. Notwithstanding the shield provisions of subsection 5.6, the 

source shall be subject to enfircement action for operation without a Title V operating pennit if the 

source is later determined not to qualify for the conditions and terms of the general permit. General 

permits shall not be authorized for affected sources under Title IV of the Clean Air Act unless otherwise 

provided in rules promulgated by the Secretary in accordance with that Title IV of the Clean Air Act. 

5.4.b. A general permit may be issued for ihe following pwposes: 

5.4.b.l. To establish terms and conditions to implement applicable requirements for a source 

c*gary; 

5.4.b.2. To establish terms and conditions to implement applicable requirements for specified 

categories of changes to permitted sources; 

5.4.b.3. To establish terms and conditions for new requirements that apply to sources with 

existing permits; and 

5.4.b.4. To establish enforceable caps on emissions hm sources in a specified category. 

5.4.c. Sources that would qualify for a general permit must apply to the Secretary for coverage 

under the terms of the general permit or must apply for a Title V operating permit consistent with section 

4. The Secretary may, in the gened permit, provide for applications which deviate hm the 

requirements of section 4, provided that such applications meet. the requirements of Title V of the Clean 

Air Act, and include all information necessary to determine qualification for, and to assure compliance with, the general permit. The Secretary may grant a request for a source to operate under a general permit 

without repeating the public participation procedures as required by subsection 6.8, and such grant shall 
activities even if the source must file a sourcespecific pennit application for other emissions units or 

activities. In the event that both a general permit and a source-specific permit are granted to the same 

source, the sourcespecific permit shall incorporate the applicable general permit@). 

5.4.e.l. In the event that a source is issued a general permit for one or more emissions units at 

a source, any subsequent application for a sourcespecific permit shall include the source subject to the general permit. The incorporation of the general permit into the source-specific application shall subject 

the general permit source to all procedures and processes, including public comment, to which the entire 

application and permit process are subject. The tenns and duration of any general pennit incorporated 

under a source-specific permit shall be void upon the issuance of such source-specific permit and the 

terms and duration of such some-specific permit shall then control. 

5.4.e.2. In the event that a source obtains a general permit subsequent to the issuance of a 

source-specific pennit, such general permit shall be applicable only for the remainder of the term, of the 

source-specific permit. The general permit source shall be included in the renewal application for the 

source specific permit and subject to all procedures and processes, including public comment, to which 

the renewal is subject. 

5.5. Temporary sources. -- Tbe Secretary may issue a single pennit authorizing emissions fkom 

similar operations by the same source owner or operator at multiple temporary locations. The operation 

must be temporary and involve at least one change of location during the tenn of the permit. Temporary 

sources must comply with preconstruction review requhments under 45CSR13, 45CSR14, 45CSR15, 

and 45CSR19. No affected source shall be permitted as a temporary source. Permits for temporary 

sources shall include provisions that will assure compliance with all applicable requirements at all 

authorkd locations. The owner or operator shall notify the Secretary at least ten (10) days in advance of 

each change in location. 

5.6. Permit shield. 

5.6.a. Except as otherwise provided in this rule, the Secretary shall include in a Title V operating 

permit a provision stating that compliance with the conditions of the permit shall be deemed compliance 

with any applicable requirements as of the date of permit issuance, provided that: 

5.6~1. Such applicable requirements are included and are specifically identified in the 

permit; or 

5.6.a.2. The Secretary, in ing on the permit application or revision, determines in writing 

that other requirements specificafly identified are not appiicable to the source, and the permit includes 

such a determination or a concise summary thereof. 

5.6.b. A Title V operating permit that does not exp~ssfy state that a permit shield exists shall be 
requirements prior to or at the time of permit issuance; or 

5.6.c.2. The applicable requirements of the Code of West Virginia and TitIe lV of the Clean 

Air Act, consistent with §408(a) of the Clean Air Act. 

5.6.c.3. The authority of the Administrator of U.S. EPA to require information under 01 14 of 

the Clean Air Act or to issue emergency orders under $303 of the Clean Air Act. 

5.7. Emergency provision. 

5.7.a. Destion. - An "emergency" mans my situation arising hn sudden and reasonably 

unforeseeable events beyond the control of the source, including ads of God, which situation requires 

immediate cdve don to restore normal operation, and that causes the source to exceed a 

technology-based emission limitation under the permif due to unavoidable increases in emissions 

attributable to tfie emergency. An emergency shall not include noncompliance to the extent caused by 

improperly designed equipment, lack of preventative maintenance, careless or improper operation, or 

operator mr. 

5.7.b. Effat of any emergency. -- An emergency constitutes an aflknative defm to an action 

brought for noncompliance with such technology-based emission limitations if the conditions of 

subdivision 5.7.c are met. 

5.7.c. The afliiative defense of emergency shall be demonstrated through properly signed, 

contemporaneous operating logs, or other relevant evidence that: 

5.7.c.l. An emergency occurred md that the permittee can identify the cause(s) of the 

emergency; 

5.7.c.2. The permitted facility was at the time being properly operated; 5.7.c.3. During the period of the emergency the permittee took all reasonable steps to 

minimize levels of emissions that exceeded the emission standards, or atha requirements in the permit; 

and 

5.7.c.4. Subject to the requirements of part 5.1 -0.3.C. 1, the permittee submitted notice of the 

emergency to the Secret. within one (I) working day of the time when emission limitations were 

exceeded due to the emergency and made a request for variance, and as applicable rules provide. This 

notice, report, and variance request fulfills the requirement of subparagraph 5.l.c.3.B. This notice must contain a detailed description of the emergency, any steps taken to mitigate emissions, and corrective 

actions taken. 
make changes within the kility, as provided by $502(b)(10) of the Clean Air Act. Such operational 

flexibility shatl be provided in the permit in conformance with the permit application and applicable 

requirements. No such changes shall be a modification under any provision of Title I of the Clean Air 

Act promulgated by the Secretary (including 45CSR14 and 45CSR19), and the change shall not result in a 

1eveI of emissions exceeding the emissions allowable under the permit. 

5.8.a. Before making a change under this provision, the permittee shall provide advance written 

notice to the Secretary and to U.S. EPA, describing the change to be made, the date on which the change 

will occur, any changes in emissions, and any permit terms and conditions that ase affected. The permittee 

shall thder maintain a copy of the notice with the permit, and the Secretary shall place a copy with the 

permit in the public file. The written notice shd be provided to the Secretary and U.S. EPA at least 

seven (7) days prior to the date that the change is to be made, except that this period may be shortened or 

eliminated as necessary for a change that must be implemented more quickly to address unanticipated 

conditions posing a significant health, safety, or environmental hd. If less than seven (7) days notice 

is provided because of a need to respond more quickly to such unanticipated conditions, the permittee 

shall provih notice to the Secretary and U.S. EPA as soon as possible afkr learning of the need to make 

the change. 

5.8.b. A permitted source may trade inacmes and deaeases in emissions within the facility, where 

rules promulgated by the Secretary pursuant to provisions of Title I of the Clean Air Ad and which are 

contained in the State Implementation Plan for West Vzginia provide for such emissions trades without a 

permit modification. h such a case, the advance written notice provided by the permittee shall iden* 

the applicable requirements allowing trading and shall state when the change will occur, the types and 

quantities of emissions to be traded, the permit terms or other applicable requirements with which the source will comply through emissions trading, and such other information as may be required by the Secretary. 

5.8.c. The permit shield provided under subsection 5.6 shall not apply to changes made under 

subsection 5.8 except those provided for in subdivision 5.8.d. However, the protection of the permit 

shield will continue to apply to operations and emissions that are not affected by the change, provided that 

the permittee complies with the terms and conditions of the permit applicable to such operations and emissions. The permit shield may be reinstated for emissions and operations affected by the change: 

5.8.c.l. Jf subsequent changes cause the facility's operations and emissions to revert to those 

authorized in the pennit and the permittee resumes compliance with the terms and conditions of the 

pennit, or 

5.8.c.2. If the permittee obtains h1 approval of a significant modification to the permit to 

incorporate the change in the permit. 

5.8.d. Upon the request of a permit applicant, the Secretary may issue a permit that contains terms 
authorizing such increases and decreases in emissions. The mitten notification required above shall state 

when the change will occur and shall describe the changes in emissions that will result and how these 

increases and decreases in emissions will comply with the terms and conditions of the permit. 

5.9. Off-permit changes. -- Except as provided in subdivision 5.9.e, a facility may make any change 

in its operations or emissions that is not addressed nor prohibited in its pennit and which is not considered 

to be construction nor modification under my rule promulgated by the Secretary without obtaining an 

amendment or modification of its permit. Such changes shall be subject to the following requirements 

and restrictions: 

5.9.a. The change must meet all applicable requirements and may not violate any existing permit 

tern or condition. 

5.9.b. The permittee must provide a written notice of the change to the Secretary and to U.S. EPA 

within two (2) business days following the date of the change. Such written notice shall describe each 

such change, including the date, any change in emissions, pollutants emitted, and any applicable 

requirement that would apply as a result of the change. 

5.9.c. The change shdl not qualify for the permit shield. 

5.9.d. The permittee shall keep mods describing all changes made at the source that result in 

emissions of regulated air pollutants, but not otherwise regulated under the permit, and the emissions 

resulting from those changes. 

5.9.e. No permittee may make any change subject to any requirement under 45CSR33 or Title IV 

of the Clean Air Act pursuant to the provisions of subsection 5.9. 

5.9.f. No permittee may make any changes which would require pr8~0nstsuction review under any 

provision of %tie I of the Clean Air Act (including 45CSR14 and 45CSR19) pursuant to the provisions of 

subsection 5.9. 

84530-6.Pemit Issuance, Renewal, Reopenings and Revisions. 

6.1. . Action on application. 

6.1.a. A permit, permit rnodificaiion, or renewal may be issued only if all of the following 

conditions have been met: 

6.1 .a. 1. The Secretary has received a compIete application fa a permit, permit modification, 

or permit renewal, except that a complete application need not be received before issuance of a general. 

permit under subsection 5.4; 
affected States as required by subsection 7.2; 

6.1 .a.4. The conditions of the permit provide for compliance with all applicable requirements 

and the requirements of this rule; and 

6.l.a.5. The Secretary has provided a copy of the permit and any notices required under 

subsections 7.1 and 72 to U.S. EPA, and U.S. EPA has not objected to issuance of the permit under 

subsection 7.3 within the time period specified therein. 

6.1 .b. Except as provided under the initial transition plan provided for under section 9 and as may 

be required by 45CSR33, the Secretary sMl take fd action on each permit application within twelve 

(12) months after the application is deemed complete. 

6.1 .c. Priority shall be given to taking action on applications for construction or modfication under 

45CSR13,45CSR14,45CSR15 or 45CSR19. 

6.1 .d. The Secretary shall promptly provide notice of the completeness to the applicant. Unless the 

Secretary request. additional information or otherwise notifies the applicant of incompleteness within sixty (60) days of receipt of an application, the application shall be deemed complete. No completeness 

determination need be made fix minor permit modification applications pursuant to subdivision 6.5 .a. 

6.l.e. Following receipt and review of an application, the Secretary shall issue a draft permit, 

pennit modification or renewal for public comment. In accardance with subsection 6.9, the Secretary 

shall develop a statement that sets forth the legal and fgtual basis for the draft permit conditions 

(including refms to the applicable statutory or regulatory provisions). The Secretary shall send this statement to the U.S. EPA and to any person who requests it. 

6.1 .f. The submittal of a complete application shall not affect the requirement that any some have 

all preconstruction permits required under the rules of the West Virginia Department of Environmental 

Protection except that a source may, with approval of the Secretary, elect to file a single permit 

application to obtain any required preconstruction permits and a Title V operating permit or permit 

revisig if the procedures required by the applicable preconstruction rule and all requirements of the 

preconstruction permitting rules are complied with in the issuance of a Title V operating permit. 

6.2. Requirement for a permit. - Except as provided in paragraph 6.5.a.5, subsection 5.8, and as 

further provided in this subsection, no source may operate after the time that it is required to submit a 

timely and complete application under this rule except in compliance with an effective permit under this rule. If a source submits a timely and complete application for permit issuance (including for renewal), 

the source's failure to have a Title V operating permit is not a violation of this rule until the Secretary 

takes final action on the permit application, except as noted in this subsection. This protection shall cease 

to apply if, subsequent to the completeness determination made pursuant to subdivision 6.l.d and as 
public participation, that apply to initial permit issuance. 

6.3.b. Permit expiration terminates the source's right to operate unless a timely and complete 

renewal application has been submitted consistent with subsection 6.2 and paragraph 4.1 .a.3. 

6.3.c. If the Secretary fails to take final action to deny or approve a timely and complete permit 

application before the end of the term of the previous permit, the permit shall not expire until the renewal 

pennit has been issued or denied, and any pennit shield granted for the permit shall continue in effect during that time. 

6.4. Administrative permit amendments. 

6.4.a. An "WsWve permit amendment"is a permit revision that: 

6.4.a. 1. Corrects typographical mm; 

6.4.a.2. Identifies a change in the name, address, or phone number of any person identified in 

the permit, or provides a similar minor administrative change at the source; 

6.4.a.3. Requires more kquent monitoring or reporting by the permittee; 6.4.a.4. Mows for a change in ownership or operational control of a source where tbe 

Secretary determines that no other change in the permit is necessary, provided that a written agreement 

containing a specific date for ttansfw of permit responsibility, coverage, and liability between the current 

and new permittee has been submitted to the Secretary; 

6.4.a.5. Incorporate into the Title V operating permit all provisions required under this rule 

and all preconstruction requirements under Title I of the Clean Air Act (including requirements of 

45CSR14 and 45CSR19); or 

6.4.a.6. Is approved pursuaut to 45CSR.33. 

6.4.b. An administrative permit amendment may be made by the Secretary consistent with the 

following: 

6.4.b. 1. The Secw shall take no more than sixty (60) days from receipt of a request for an 

administrative permit amendment to take final adion on such request, and may incorporate such changes 

without providing notice to the public or affid staks pmvided that the Secretary designates any such 

pmit revisions as having been made pursuant to subsection 6.4. 

6.4b.2. The Secretary shdl submit a copy of the revised permit to the U.S. EPA. 
significant permit modifications. 

6.5. Permit modification. -- A permit modifidon is any revision or modification to a Title V 

operating permit that cannot be accomplished under the provisions for administrative permit amendments 

under subsection 6.4. Permit modifications for the purposes of the acid deposition control portion of the 

permit shall be governed by 45CSR33. 

6.5 a. Minor permit modification procedures. 

6.5.a.l. Criteria. 

6.5.a.l.A.Minor permit modification pcedms may be used only for those permit 

modifications tbat: 

6.5.a. 1 .A. 1. Do not violate any applicable requirement; 6.5.a.lA.2. Do not invohe significant changes to existing monitoring, reporting, or 

recordkeeping requirements in the permit; 

6.5.alA.3. Do not require or change a case-by-case detembtion of an emission 

limitation or other standard, or a sourcespecific determination for temporary sources of ambient air 

quality impacts, or a visibility or increment analysis; 

6.5.a.l.A.4. Do not seek to establish or change a permit term or condition for which 

there is no corresponding underlying applicable requirement and which permit or condition has been used 

to avoid an applicable requirement to which the source would otherwise be subject. Such terms and 

conditions include, but are not limited to, a federally enforceable emissions cap used to avoid 

classification as a modification under any provision of Title I or any alternative emissions limit approved 

pursuant to regulations promulgated uuder 5 1 12(i)(5) of the Clean Air Act; 

6.5.a.l.A.5. Do not involve preconstrudion review under Title I of the Clean Air Act or 

4SCSR14 and 45CSR19; and 

6.5.a.l.A.6. Are not required under any rule of the Secretary to be processed as a 

significant modification. 

6.5 .a.l .B.Notwit.hsQnding subparagraph 6.5 a. 1 .A, minor permit modification pmcedures 

may be used for permit modifications involving the use of economic incentives, marketable permits, 

emissions trading, and other similar approaches, to the extent that such minor permit modification 

procedures are explicitly provided for in rules of the We& Virginia Department of Environmental 

Protection which are approved by U.S. EPA as part of the State Implementation Plan under the Clean Air 
procedures shall meet the requirements of subsection 4.3 and shall include the following: 

6.5.a.2.A.A description of the change, the emissions resulting from the change, and any new 

applicable requirements that will apply if the change occurs; 

6.5 .a.2.B. The source's suggested draft permit; 

6.5.a.2.C.Certification by a responsible official, consistent with subsection 4.4, that the 

proposed m&cation meets the criteria for use of minor permit modification procedures and a request 

that such procedures be used; and 

6.5.a.2.D.Completed forms for the Secretary to use to nd@ U.S. EPA and aflkcted states as 

required under section 7. 

6.5.a.3. U.S. EPA and affected states notification. -- Within 5 working days of receipt of a 

complete permit modifidon application, the Secretary shall meet the obli@on under subdivisions 7.1 .a and 7.2.a to notify U.S. EPA and affected states of the requested permit modification. The proposed 

permit shall be the same as the draft permit for this putpose. The Semetary shall promptly send any 

notice required under subdivision 7.2.b to U.S. EPA. All such notifications shall be by certified mail, return receipt requested. 

6.5.a.4. Timetable for issuance. - The Secretary shall not issue a final permit modification 

until after U.S. EPA's forty-five (45) day review period or until U.S. EPA has notified the Secretary that U.S. EPA will not object to the issuance of the permit modification, whichever is fust, although the 

Secretary may approve the permit modification prior to that time. Within ninety (90) days of the Secretary's receipt of an application under minor permit modification procedure or fifteen (15) days after 

the end of U.S. EPA's forty-five (45) day review period under subsection 7.3, whichever is later, the 

Secretary shall: 

6.5.a.4.A.Xssue the permit modification as proposed, 

6.5.a.4.B. Deny the permit modification application; 

6.5.a.4.C.Determine that the requested modification does not meet the minor permit 

modification procedure criteria and should be reviewed under the significant modification procedures; or 

6.5.a4.D.Revise the draft permit modification and transmit to U.S. EPA, and, if appropriate, 

&ected states, the new proposed permit modification in accordance with subdivisions 7.1.a and 7.2. In 

the event that draft permit modifioations are made, the Secretary shall utiliza the same procedures 

outlined in paragraph 6.5.a.4. 
need not comply with the existing permit terms and conditions it seeks to modify. However, if the some 

fails to comply with its proposed permit terms and conditions during this time period, the existing pennit 

terms and conditions it seeks to modifl may be enforced against it and violation of the proposed terms 

and conditions is relevant in considering any sanction. 

6.5.a.6. Permit shield. -- The permit shield under subsection 5.6 shall not extend to minor 

pennit modifications. 

6.5 .b. Significant modification procedures. 

6.5.b.l. Criteria. -- Significant modification procedures shall be used for applications 

requesting significant permit modifications that do not qualify as minor permit modifications or as 

administrative amendments including, but not limited to, the following: 

6.5.b. J.A. Modifications under any provision of Title I of the Clean Air Act, except those 

that qualify for processing as adnnlnistrative permit amendments under subsection 6.4 or any rule of the 

Secretary required under Title I of the Clean Air Act; 

6.5.b.lB.A significant change in existing monitoring permit terms or conditions, or 

constitute a relaxation of reporting or recadkeeping pemit tenns or conditions; 

6.5.b.l.C.A change to a case-by-case determination of an emission limitation or other 

standard, or a source-specific determination for temporary sources of ambient impacts, or a visibility or 

increment analysis; 

6.S.b.l.D. Establishment of or change to a pemit or condition for which there is no 

conespondmg underlying applicable requirement, and 

6.5.b. 1.E.Proposed changes which in the judgement of the Secretary would require decisions 

to be made on significant or complex issues that generate or are likely to generate significant material 

adverse comment hm the public, affected states, or U.S. EPA with respect to the determination of 

applicable requirements or air quality impacts. 

6.5.b.2. Signifcant permit modifmtions shall meet all requirements of section 6, including 

those for applications, for public participation, review by &d states and review by U.S. EPA as they 

apply to pennit issuance and permit renewal. The Secretary shall complete the review process for 

significant permit modifications within six (6) months after receipt of a complete application. 

6.6. Reopening for cause. 

6.6.a. Each issued permit shall include provisions specifling the conditions under which the pemit 
requirement. No such reopening is required if the effective date of the requirement is later than the date 

on which the permit is due to expire, udess the original permit or any of its terms and conditions has been 

extended pursuant to one of the foUowing: 

6.6.a. 1 .A.The permit shall not expire until the renewal permit has been issued or denied and 

any permit shield that may be granted pursuant to subsection 5.6 may extend beyond the origid permit 

term until renewaI; or 

6.6.a 1 .Baal the terms and conditions of the pennit including any permit shield that may be 

granted pursuant to subsection 5.6 shal.1 remain in effect until the renewal pennit has been issued or denied. 

6.6.a.2. Additional requirements (including excess emissions requirements) become 

applicable to an affected source under 45CSR33 and Titie N of the Clean Air Act or other rules of the 

West Virginia Department of Environmental Protection. Upon appmval by U.S. EPA, excess emissions 

ofbet plans shall be incorporated into the permit, 

. 6.6.a.3. The Secretary or U.S. EPA determines that the permit contains a material mistake or 

that inaccurate statements were made in establishing the emissions standards or other terms or conditions 

of the permit. 

6.6.a.4. The Secretary or U.S. EPA determines that the permit must be revised or revoked and 

reissued to asswe compIiance with the applicable requirements. 

6.6.b. Proceedings to mpen md issue a permit shall follow the same procedures as apply to initial 

permit issuance and shall affect only those parts of the permit for which cause to reopen exists. Such 

reopening shall be made as expeditiously as practicable. 

6.6.c. Reopenings under subdivision 6.6.a shdl not be initiated before a notice of such intent is 

provided to the source by the Secretary at least thirty (30) days in advance of the date that the permit is to 

reopened, except that the Secrehy may provide a sharter time period in the case of an emergency. The 

notice shall include a statement of the reasom for the reopening of the pennit. Until such time as a permit 

is reissued pursuant to the reopening, the source shall be entitled to the continued protection of any permit 

shield provided in the permit, unless the Secretary specifically suspends the shield upon a fmding that 

such suspension is necessary to implement applicable requirements. 

6.7. Reopeniugs for cause resulting fiom U.S. EPA notice. 

6.7.a. The SecreCary shall, withim ninety (90) days after receipt of a notification hm U.S. EPA 

that cause exists to terminate, modie, or revoke and reissue a permit, forward to U.S. EPA a proposed 

determination of termination, modification, or revocation and reissuance, as is appropriate. The Secretary 
accordance with U.S. EPA's objection. In accordance with the Clean Air Act and federal rules 

promulgated thereundery U.S. EPA has authority to terminatey modifj, or revoke and reissue a Title V 

operating permit after failure of the State and permit holder to resolve a U.S. EPA objection and upon 

proper notice to the permit holder. 

6.8. Public participation. -- Except for modifications qualifying for minor permit modification 

procedures, all permit proceedings, including initial permit issuance, significaut modifications, and 

renewals, shall provide adequate procsdures for public notice including o&ring an opportunity for public 

comment and a hearing on the draft permit. These procedures shail include the following: 

6.8.a. Public notice. 

6.8.a.I. Scope: 

6.8.a 1 .A.Public notice shall be given that the foIlowing actions 

have occurred: 

6.8.a. 1 .A. 1. A draft permit has been prepared, and 

6.8.a. 1 .A.2. A hearing has been scheduled pursuant to subparagraph 6.8.a.2.B. 

6.8.a. 1 .B.Public notices may describe more than one (I) permit or permit part. 

6.8.a.2. Timing. 

6.8.a.Z.A.Public notice of the preparation of a draft permit sball allow at least t. (30) 

days for public comment. Upon request of the pennit applicant the public comment period may be 

extended for an additional thirty (30) days. Further extension of the comment period may be granted by 

the Secretary for good cause shown but in no case may the further extension exceed an additional thirty 

(30) days. 

6.8.a.2.B.Public notice of a public hearing shall be given at least thirty (30) days before the 

hearing. Public notice of the hearing may be given at the same time as public notice of the draft permit 

and the two (2) notices may be combined. 

6.8.a3. Methods. - Public notice shall be given by the following methods: 

6.8.a3.A.By mailing a copy of a notice to the following persons (any person otherwise 

entitled to receive notice under this subparagraph may waive his or her rights to receive notice for any 

classes and categories or permits): 
6.8.a3.A.3. Federala State, and interstate agencies with jurisdiction over public hdth 

and the environment, the State Historic Preservation Unit of the Department of Culture and History when 

new site acquisition is involved, and other appropriate government authorities, including the Federal Land 

Manager when Federal Class 1 areas, as defined in 45CSR14, are potentially acted; 

6.8.a.3.A.4. Pmns on a mailing list developed by: 

6.8.a.3.A.4.(a). Including those who request in writing to be on the list; 

6.Bma.3.A.4.(b). Soliciting persons for "area lists" hm participants in gast permit 

proceedings in that area; and 

6.8.a.3A.4.(~). Not- the public of the opportunity to be put on the mailing list 

through periodic publication in the public press and in such publications as regional and State funded 

newsletters or environment. bulletins. (The Secretary may update the mailing list fiom time to time by 

requesting written indication of continued interest from those listed. The Secretary may delete from the 

list the names of any person who fails to respond to such a request.) 

6.8.a.3.A.5. Any unit of local government having jurisdiction over the area where the 

facility is proposed to be located. 

6.8.a.3B.w the Secretary publishing the public notice as a Class I legal advertisement in a 

newspaper in general circulation for the county where the emission dl occur. 

6.8.a.3.C.Any other method reasonably calculated to give actual notice of the action in 

question to the persons potentially x€Fd by it, including press releases or any other forum or medium to elicit public participation. 

6.8.a.4. Contents. 

6.8.a.4.A.All public notices. - All public notices issued under this rule shall contain the 

following minimum infbrmation: 

6.8.a.4.A.l. Name and address of the Division of Air Quality; 

6.8.a.4.A.2. Name and address of the permittee or permit applicant and, if different, of 

the facility or activity regulated by the permit, except in the case of general permits; 

6.8.a.4.A.3. A brief description of the business conducted at the facilily or activity 

described in the permit application or in tbe dtaR permit, when there is no application; 
procedures to request a hearing (unless a hearing has already been scheduled) and other procedures by 

which the public may participate in the final permit decision; and 

6.8.a.4.B.Public notices for hearhgs. -- Xn addition to the requirements of subparagraph 

6.8.a.4.Ay public notice of a hearing shall contain the following infodon: 

6.8.a.4.B.l. Reference to the date of previous public notices relating to the permit; 

6.8.a.4.B.2. Date, he, and place of the hearing; and 

6.8.a4.B.3. A brief description of the nature and purpose of the hearing, including the 

applicable rules aud procedures. 

6.8.a.4.C.In addition to the general public notice described in. subparagraph 6.8.a4.A, all 

persons identified in paragraph 6.8.a.3 shall be mailed a copy of the fact sheet, if any, and notification of 

where to inspect or how to receive a copy of the draft permit and application. 

6.8.b. Public comments and requests for public hearings. -- During the public comment period 

provided under subdivision 6.8.h any interested person my submit written comments w the draft permit and may request a public hearing, if no public hearing has already been scheduled. The Secretary shall 

grant such a request for a bearing if he concludes that a public hearing is appropriate after consideration 

of the criteria in paragraph 6.8.c.l. A request for a public hearing shall. be in writing and shall state fhe 

nature of the issues proposed to be raised in the hearing. AIl comments shall be considered in making the 

frnal decision and shall be responded to as provided in subdivision 6.8.c. 

6.8.c. Public hearings. 

6.8.c.l. The Secretary shdl hold a public hearing whenever he or she finds, on the basis of 

requests, a significant degree of public interest on issues relevant to the draft permiqs). The Secretary 

may also hold a public hearing at his or her discretion, whenever, for inmce, such a hearing might 

chr@ one (1) or more issues involved in the permit decision. 

6.8.c.2. Any person may submit oral or written statements and data concerning the draft 

pennit. Reasonable limits may be set upon the time allowed for oral shhnelltsy and the submission of 

statements in writing under paragraph 6.8.a.2 shall automatically be extended to ten (10) days after the 

close of any public hearings under subdivision 6.8.c. 

6.8.c.3. A recarding or written trimscript of the hearing shalI be made available to the public, 

upon request. 

6.8.c.4. Any public hearing required under the provisions of subsection 6.8 shall be held in the 
other than the permit applicant, the Secretary detamines to revise any condition of the permit that has 

been subject to initial public notice, the Secretary shall take one (1) or more of the following actions: 

6.8.d. 1.A. Prepare a new draft permit, appropriately modified, under section 5; 

6.8.d. 1 .B.Prepare a revised fact sheet under subsection 6.9; or 

6.8.d.l.C.Reopen or extend the comment period under subdivision 6.8.a. to give interested 

persons an opportunity to comment on the information or arguments submitted. 

6.8.d.2. Comments filed during the reopened comment period shall be limited to the 

substsntkl new questions that caused its reopening. The public notice shall defme the scope of the 

reopening. 

6.8.e. Response to comments. 

6.8.e.l. At the time that any fud permit is issued, the Secretary shall issue a response to 

comments. This response shall: 

6.8.e.lA.Specifjr which provisions, if any, of the dtaft permit have been changed in the final 

pennit decision, and the reasons for the change; and 

6.8.e.l.B.Brieff.y describe and respond to all signscant comments on the draft permit raised 

during the public comment period, or durjng any hearing. 

6.8.e.2. The response to comments shall be delivered to any person who commented or any 

person who quests the same. 

6.9. Fact sheet. 

6.9.a. A fact sheet Ml be prepared for every draft permit (including general permits) and for 

every facility or activity subject to this rule. The Eact sheet shall briefly set forth the principal fhcts and 

the significant factual, legal, methodological. and policy questions considered in preparing the draft permit. The Secretary shall send this fbct sheet to the applicant and, on request, to any other person and 

to the persons required under paragraph 6.8.a.3. 

6.9.b. When a term or condition of the fmal permit differs from ehe draft permit the Secretary shall 

prepare a statement of basis fhat briefly describes each change h the changes in the draA permit and 

the reasons for the changes. The statement of basis shall be sent to the applicant, and to any other person 

upon request. 

6.9.c. The fact sheet shall include, when applicable: 
6.9.c.3. A brief summary of the basis for the draft pennit conditions including references to 

applicable statutory or regulatory provisions; 

6.9.c.4. Reasons why any requested variauces or alternatives to required standards do or do 

not appear justified; 

6.9.c.S. A description of the procedures for ne8ch'ing a find decision on the draft permit 

including; 

6.9.c.SA.The beginning and ending dates of the comment period under subdivision 6.8.a 

and the address where comments will be received; 

6.9.c.5.B.Procedures for requesting a hearing and the nature of that hearing; and 

6.9.c.5.C.h~ other procedures by which the public may participate in the final decision. 

6.9.c.6. Name and telephone number of a person to contact for additional information; 

6.9.c.7. Any calculations or other necessary exphtim of the derivation of specific 

emissions limitations and conditions including a citation to the applicable emission regulations, control 

technology guideline, or performance standard provisions and reasons why they are applicable or an 

explanation of bow any albrnative emission limitations were developed; and 

6.9.c.8. When appropriate, a sketch or detailed description of the location of the emission 

sourcs(s) described in the application. 

945-30-79ermit Review by U.S. EPA and Affected States. 

7.1. Transmission of information to U.S. EPA. 

7.1.a. The Secretary shall provide to the U.S. EPA a copy of each permit application (including 

any application for permit modific~on), each proposed permit, and each final Title V operating permit. 

The applicant may be required by the Seaehq to provide a copy of the permit application (including the 

compliance plan) directly to the U.S. EPA. Upon agreement with the U.S. EPA, the Secretary may 

submit to the U.S. EPA a permit application summary form and any relevant portion of the permit 

application and compliance plan in place of the complete permit application and compliance plan. To the 

extent practicable, the preceding information shall be provided in computer-readable format compatible 

with U.S. EPA's national database management system. 

7.l.b. The Secretary shan retain for five (5) years such records and submit to U.S. EPA such 

information as U.S. EPA may reasonably require to ascertain whether the state Title V operating permit 
subdivision 6.5.a allows the timing of the notice to be different. 

7.2.b. The Secretary, as part of the submittal of the proposed pennit to U.S. EPA, (or as soon as 

possible after the submittal for minor pennit modification procedures allowed under subdivision 6.5.a) 

shall notify U.S. EPA and any affected state in writing of any refusal by the Seer* to accept 

recommendations for the proposed permit that the affected state submitted during the public or affected 

state review period The notice shdl include the Secretary's reasons for not accepting any such 

recommendation. The Secretary is not required to accept recommendations that ase not based on 

applicable requirements or th requirements of this rule. 

7.3. U.S. EPA objection. 

7.3.a. A permit shall not be issued by the Secretary if U.S. EPA objects in writing to the issuance 

of the pennit within forty-five (45) days of the receipt of the proposed permit and all necessary supporting 

information pursuant to 9505 of the Clean Air Act. 

7.3.b. For consideration by the Secretary as a U.S. EPA objection mder subdivision 7.34 the 

objection must contain a statement of U.S. EPA's reasons for objection and a description of the terms and 

conditions that U.S. EPA believes the permit must include to respond to the objections. 

7.4. Public petitions to the U.S. EPA. -- If the U.S. EPA does not object in writing under subsection 

7.3, any person may petition U.S. EPA within sixty (60) days after the expiration of U.S. EPA's forty-five 

(45)-day review period to make such objection. Any such petition shall be based only on objections to 

the permit: that were raised with reasonable specificity during the public comment period provided for in 

subsection 6.8, unless tbe petitioner demonstrates that it was impracticable to raise such objections within 

such period, or unless the grounds for such objection arose & such period. If the U.S. EPA objects to 

the permit as a result of a won filed under this subsection, the Secretary shall nat issue the permit until 

U.S. EPAYs objection has been resolved, except that a petition for review does not stay the effectiveness 

of a permit or its mqbents if the permit was issued after the end of the farty-five (45)-day review 

period and prior to an U.S. EPA objection. In accordance with the provisions of the Clean Air Act and 

federal rules promulgated thereunder, U.S. EPA may issue, deny, modifj, terminate, or revoke a Title V 

permit upon failure of the Secretary to resolve a U. S. EPA objection to a proposed permit or if the 

Secretary issues a permit prior to the dpt of a U.S. EPA objection under subsections 7.3 and 7.4. 

7.5. Prohibition on dehlt issuance. - No Title V operating permit (including a permit renewal or 

modification) shall be issued by the Secretary dl affected states and U.S. EPA have had an opportunity 

to review the proposed permit as required under this section. 

$45-3&8. Fees. 

8.1. After the effective date of this rule, all stationary sources which are or will be required to obtain 

an operating permit under this rule shall pay fees in accordance with the folIowing: 
thewdk annual fees for all stationary sources requiring Title V operating permits shall be 

twentv-ei@t (28) dollars per ton subject to an adjustment enumerated in subdivision 8.l.c, for actual 

emissions of all regulated pollutants (for fee calculation) discharged during the most recent calendar year 

or portion thereof. 

8.1 .c. On or before May 1, 1995 and each May 1 thder, the Secretary shall determine whether 

to adjust the fees required under subdivision 8.1 .b to adequately reflect the reasonable cost of the Title V 

operating pennit program. The Secretary may make such an adjustment in fees of up to $2 per ton. The fees adjusted pursuant to this subdivision ate not cwnulative and shall remain adjusted for not more than one year. 

8.1.d. No ke shall be required under this rule with respect to emissions hm any affected unit 

under 8404 of the Clean Air Act until the period beginning January 1, 2000. %ereafter, fees will be 

calculated in accordance with subdivision 8. l .b. 

8.1 dl. Facilities which contain only affected units under 5404 of the Clean Air Act continue 

be subject to fees under 45CSR22 until the period beginning January 1,2000. 

8.l.d.2. Facilities which contain affected units under' $404 of the Clem Air Act and other 

affected units, under 45CSR33 and Title IV of the Clean Air Act, continue to be subject to fees under 

45CSR22 for the entire facility until the period beginning January 1,2000, and are subject to fees for such 

other affected units calculated in accordance with subdivisions 8. 1 .a and 8.1 .b. 

8.2. Fee cap. -- In determining fees under section 8, emissions of each regulated pollutant (for fee 

calculation) by a source in excess of four thousand tons per year (4,000 tpy) shall not be included in fee 

calculations. 

8.3. mum fees. -- Any non-major source required to have a Title V operating permit under this 

rule shd pay fees in accordance with subsection 8.1, unless such calculated fees are less thm the 

minimum fee of $200.00 per year. In such cases where the calculated fee is less than the minimum fee, 

the source shall be subject to the mini fee. 

8.4. Consumer price index riser. -- Fees calculated for each fiscal year under the fee schedule in 

subdivision 8.1 .b shall be increased by the percentage, if any, by which the Consumer Price Index for the 

most recent calendar year ending before the beginning of such year exceeds the Consumer Price Index for 

the calendar year 1993. For purposes of this clause: 

8.4.a. The Consumer Price Index for any calendar year is the average of the Consumer Price Index 

for all-urban consumers published by the Department of Labor, as of the close of the twelve (12) month 

period ending on August 3 1 of each calendar year, and 

8.4.b. The revision of the Consumer Price Jndex, if any, which is most consistent wit!^ the 
8.6. Penalties and interest. -- Any person who operates a stationary source in violation of section 8 

shall be subject to a penalty equal to five (5) percent of the Title V operating permit fee for e%h calendar 

month or portion thereof in which the violation continues in addition to the annual fee required to be paid 

under section 8. Fees due for the fiscal year beginning July 1 shall not be subject to any penalties if paid 

on or before July 31 of that fiscal year. This penalty for delinquent payment is separate hm and 

unrelated to any other penalties assessed by a court or collected by the Secretary pursuant to W.Va. Code 

522-5-1 et seq., or any mles of the West Virginia Department of Environmental Protection. 

8.7. Certified emissions statement. 

8.7.a. Fees will be based upon a certsed emissions statement hm a responsible official. The 

certified emissions statement shall contain an accurate accounting of the actual emissions of all regulated 

air pollutants and dl regulated pollutants (for fee calculation) from the source as defined in subdons 2.33 md 2.34 for the most recent calendar year. 

8.7.b. Each cer!5ed emissions statement shall be subject to review by the Secretary. The 

Secretary shall make or shall quire the responsible official to make such adjustments or corrections to 

the certified emissions as the Secretary determines to be necessary. 

8.7.b.l. The source shall be liable for any increased fees resulting hm any adjustments to the 

certified emissions statements de pursuant to subdivision 8.7.b. 

8.7.b.2. The Secrehry shall not issue a Title V operating permit until such adjustments have 

been made and any such liability satisfied. 

8.7.b.3. The Serretary shall credit the some with any decreasing adjustments to the certified 

emissions statement made pursuant to subdivision 8.7.b. 

8.7.b.4. The Secretary shall periodically provide or publish information and criteria for the 

purpose of emission statement and permit application prepmation. Such information may be provided by reference to available U.S. EPA or other documents. 

8.7.c. Fees and certified emissions statements shall be due on July 1, 1994, and on July 1 of each 

year thereafter. 

8.8. Beginning in 1995, the Secretary shall, on or before October 1 of each fiscal year, prepare an 

accounting of all Title V fees received in the previous fiscal year and the mmer in which they were used 

to fund the Title V operating pennit program. 

545-30-9.Tmitiom plan. 

9.1. The Secretsry shall assign for review and processing each application for operating permit and 
9.l.c. Anticipated schedule for f&A and state enactment of new applicable requirements which 

are anticipated to be incorporated into the permit; 

9.1.d. Type and amounts of air pollutants that will be discharged; 

9.1 .e. Availability and particular training of reviewing M, and 9.1.f. Attainment status of area in which the stationary source is located or other geographical 

factors. 

9.2. Notwithstanding other provisions of section 9, the Secretary may re-prioritize or reclassie any 

permit application based on changes in regulatory requirements, area attainment status, or other relevant 

factors. 

9.3. In establishing and periodically revising the timetable required in subsection 9.1, the Secretary 

shall assure that fiod action is taken on at least onethird of all Title V permit applications annualIy over a 

period not to exceed three (3) years from the effective date of the operating permit progratn. w5-30-10. Enforcemeat. 

10.1. Gened. -- The provisions of this rule may be enfoxed by all of the applicable provisions of 

W.Va. Code 522-5-1, et seq. 

10.2. Violations. - Civil penalties dud1 be recoverable for the violation of any applicable 

requirement, permit condition, fee or fihg requirement, duty to allow or carry out inspections, entry or monitoring activity, requirement for submission of reports, rule of the West Virginia hparhent of 

Environmental Protection or order ofthe Secretary. Such violations shall constitute serious violations for 

purposes of civil enforcement as contained in W.Va. Code $22.5-6. 

10.3. Federal enforcement. -- For purposes of federal enforcement of any Title V operating permit or 

provision established under this rule, any reference to the Secretary shall also mean the Administrator of 

the U.S. EPA. 

10.4. Tampering prohibited. -- Pursuant to W.Va. Code 522-5-6, criminal penalties shall be 

recovemble against any person who knowingly renders inaccurate my reqM emission or process 

monitoring device or method. 

845-30-11. Permit Suspension, Modification, Revocation and Reissuance. 

The Secretary may suspend, modify, or revoke and reissue a Title V operating permit in accordance 

with the provisions contained in W.Va. Code $22-5-5. 
for each source category or subcategory for which U.S. EPA fails to timely promulgate a standard in 

accordance with the requirements of $1 1 qe) of the Clam Air Act. 

12.2. [ Reserved.] 

12.3. ARer the effective date of the operating permit program, the Secre!ta~~ shall determine and 

apply caseby4ase MACT standards to construction or recmstmction of my majar source of hdous air pollutants where no applicable emissions limitations have been adopted by the Secretary. Such 

MACT standards must be equivalent to any applicable standard (if any) promulgated for such sources by U.S. EPA. 

12.4. Xn determining case-by-case MACT standards, the Secretary shall grant reasonable compliance 

schedules far existing somes, as provided under 9112(e) of the Clean Air Act, and shall not require 

application for MACT under paragraph 4.1 .a.5 where a source has met the early reduction requirement of 

1 12(i)(5) of the Clean Air Act. 

12.5. The Secretary may accept delegation of authority hm U.S. EPA to administer permits issued 

by U.S. EPA under the provisions of 45CSR33 and Title lV of the Clean Air Act. 

12.6. The Secretary may accept delegation of authority to administer permits issued by U.S. EPA 

under the early reduction program for hazardous air pollutants of 9 1 12(iX5) of the Clean Air Act. Such 

authority shall include the ability to collect emission-based fees under section 8. 

12.7. The Secretary may incorporate any provision into a permit which has been proposed by or 

agreed to by a permit applicant and which does not conflict with any applicable req-t. All such 

provisions shall be enforceable after issuance of a final permit. 

13.1. The provisions of this rule are severable and if my provision or part thereof shall be held 

invalid, unconstitutional, or inapplicable to any person or circumstance, such invalidity, 

unconstitutionality, or inapplicability shall not &ect or impair my other remaining provisions, sections, 

or parts of this rule or their application to any persons and circumstances. 

845-30-14. Conflict with Other Rules. 

14.1. If a source is required to obtain an operating permit pursuant to this rule and is also required to 

obtain an operating permit under any other ruIe of the Secretary (not including preconstrudion permits), 

then the provisions of this rule shall supersede the provisions of such other de of the Secretary which 

requires an operating permit. 
75058 98862 53963 

107028 

7906 1 79 107 

107131 

10705 1 

9267 1 

62533 

90040 

1332214 

71432 92875 98077 

100447 

92524 

117817 

542881 

75252 

106990 

156627 133 062 

63252 

75150 56235 

463581 

120809 

133904 

57749 

7782505 

79118 

532274 

108907 

510156 

67663 

107302 126998 

13 19773 

95483 

108394 

Acetonitrile 

Acetophenone 2-Acetylaminofluorene Acmlein 

Acrylamide 

Acrylic acid Acrylonitrile Ally1 chloride 4Aminobiphenyl 

Aniline 

o-Anisdine 

Asbestos 

Beme (including benmne hm gasoline) 

Benzidine 

Benzotrichloride 

Benzyl chloride 

Biphenyl Bis(2-ethylhexyl) phthalate (DEHE') 

Bis(chlorometby1) ether 

Bmoform 

1,3-Butadiene 

Calcium cyanamide capbn CarbaTyl 

Carbon disulfide 

Carbon tetrachloride 

Carbonyl sulfide Catechol Chloramben Chlordane 

Chlorine Chloroacetic acid 

2-Chloroacetophenone Chlorobne 

Chlorobenzilate 

Chloroform 

Chloromethyl methyl ether Chloroprene CresoldCresylic acid isomers and mixture) 

0-Cresol 

rn-Cresol 
1,2-Dibromo-3-chloroppane 

Dibutylphthalate 

1,4-Dichlorobenzen~) 

3,3-Dichloro~dene 

Dichloroethyl ether Bis(2-ch1oroethyl)ether) 

1,3 -Dichlompropene 

Dichlorvos Diethanolamine 

N,N-Diethyl anilinem,N-Dimethyldine) 

Diethy1 surate 

3,3-Diethoxybenzidine 

Dimethyl aminggu)beme 

3,3-Dimethy1 bemidine 

Dimethyl carbamoyl chloride 

Dimethyl fodde 

1,l -Dimethyl hydrazine 

Dimethyl phthalate Dimethyl sulfate 

4,6-DiniWresol, and salts 

Z,.l-Dinitrophenol 

2,4-Dinittotoluene 

1,4-Dioxaue (1,4-Diethyieneoxide) 1,2-Diphenylhydrazine 

Epichlorohydrin (1-Chloxo-2,3-~poxypmpene) 

1,2-Expoxybu~e 

Ethyl acrylate 

Ethyl benzene Ethyl carbarnate (Urethane) 

Ethyl chloride (Chlmethane) 

Ethylene dibmide CJ)ibromoethane) Ethylene dichloride (13-Dichloroethane) 

Ethylene glycol 

Ethylene imine (Aziridine) 

Ethylene oxide 

Ethylene thiourea 

Ethylidene dichloride (l,l-Dichluroethane) Formaldehyde Heptachlor 

Hexachlorobenzene 

Hexachlorobutadiene 

Hexachlorocyclo-pentadiene 
yd

oge

uo

de (

y

uo

c ac

d) 

Hydroquiuone Isophorone 

Lindane (all isomers) Maleic anhydride 

Methanol Methoxychlor 

Methyl bromide (Bromomethane) 

Methyl chloride (Chloromethane) 

Methyl chloroform(l, l ,l -Trichlmethane) 

Methyl hydrazine 

Methyl iodide (Todomethane) 

Methyl isobutyl ketone (Hexone) 

Methyl isocyanate 

Methyl methacrylate 

Methyl tert butyl ether 

474-Methylene bis (2-chlmmiline) 

Methylene chloide (Dichloromethane) 

Methylene diphenyl diisoqmmte (MDI) 

4,4'-Methylenedianiline 

Naphthalene 

Nitrobenzene 

b~itrobiphenyl 4-Nitrophenol 

2-Nitropropane 

N-Nitroso-N-methylurea 

N-Nitrosodimethylamine 

N-Nitrosomorpholine 

Parathion 

Pentachloro-nitrobenzene (Quinmbenzene) 

Pentachlorophenol 

Phenol 

p-Phenylenediamine 

Phdsgene 

Phosph 

Phosphorus 

Phthalic anhydride PoIychlorinated biphenyls (Aroclors) 

1,3-Propane sultone 

beta-Propiolactone 
Qu mne ' 

Styrene 

Styrene oxide 

2,3,7,8-e~hlorodibenzo-p-dioxin 

1,1,2,2-Tetrachlomethme 

Tetrachloroethylene (Pmhloroethylene) 

Titanium tetrachloride 

Toluene 2,4-Toluene diamine 

2,4-Toluene diisocyanate 

o-Tohidine 

Toxaphene (chlorinated camphene) 

1,2,4-Trichlorobemene 

1 ,I ,2-Trichioroethane 

Trichloroethylene 

2,4,5-Trichlorophenol 2,4,BTrichlomphenol 

Triethylamine 

Trifluralin 2,2,4-Trimethylpentane 

Vinyl acetate 

Vinyl bromide 

Vinyl chloride 

Viylidene chloride (1,l -Dichloroethylene) 

Xylenes (isomers and mixture) o-Xylenes 

m-Xylenes 

p-Xylenes 

Antimony Compounds 

Arsenic Compounds (inorganic including mine) 

Beryllium Compounds 

Cadmium Compounds 

Chromium Compounds Cobalt Compounds Coke Oven Emissions 

Cyanide Corn oundsl 

Glywl ethers I' 

Lead Compounds 

Manganese Compounds Mercury Compounds Fine mineral fibers3 
substance that conEains the named chemicals (i.e., antimony, arsenic, etc.) as part of that chemical

s 

infhstru-. 

1 X'CN where X = H' or my other group where a formal dissociation may occur. For example KCN 

or C~(CNh 

*Includes mono- and di-ethers of ethylene glycol, diethylene glycoI, and triethylene glycol R- 

(0CH2CH2),,-ORa. Where: 

R = allcyl C7 or less; or 

R = phenyl or alkyl substituted phenyl; 

R' = H or alkyl C7 or less; or 

OR' constituting of carboxylic acid ester, suW, phosphate, nitrate, or sdfonate. 

The substance etby1ene glycol monobutyl ether (EGBE, 2-Butoxyethanol) (CAS Number 11 1-76- 

2) is deleted fiom the list of hazardous air pollutants established by 42 U.S.C. 7412(b)(l). 

3~ncludes mineral fiber emissions hm facilities manufhng or processing glass, rock, or slag 

fibers (m other mineral derived fibers) of average diameter 1 micrometer or less. 

4~cludes organic compounds with more than one benzeae ring, and which have a boiling point 

greater than or equal to IOO0C. 

5 A type of atom which spontaneously undergoes radioactive decay. 
chlorofluorocatbon-11 (CFC-11) chlorofluorocarbon- 12 (CFC-12) 

chIorofluorocarbon-113 (CFC- 1 1 3) chlorofluorocarbon-1 14 (CFC-114) 

chlorofluorocarbon-1 15 (CFC- 1 15) 

Group I1 

halon- 12 1 1 

halon- 1301 

halon-2402 

Group m chlorofluorocarhn-13 (CFC- 13) 

chlorofluorocarbon-1 1 1 (CFC-Ill) chl~~ofl~orocarbon-112 (CFC-112) 

chlomfluorocarbon-2 1 1 (CFC-2 1 1) 

chlorofluorocarbon-2 12 (CFC-2 12) 

chIorofluorocarbon-2 13 (CFC-2 13) chlorofluorocarbon-2 14 (CFC-2 14) chloroflumo~on-2 15 (CFC-2 1 5) 

chlorofluorocarbon-2 16 (CFC-2 16) chlorofluorocarbon-2 17 (CFC-2 17) 

Group IV 

carbon tetrachloride Group V 

methyl chloroform 

This list also includes the isomers of the 

substances Iisted above, other than 1,1,2- 

gichloroethane (an isomer of methyl chloroform). 

hydrochloroflu~on-22 ()TCFC-22) 

hydrochImofluorocarbon-3 1 (HCFC-3 1) 

hydrochlorofluorocarbon- 121 (HCFC- 12 1) 

hydrochIorofluorocarbon-122 (HCFC- 122) hydrochlomfluomcarbon-123 (HCFC-123) 

hydrochlmfluorocarbon-124 (HCFC- 124) hydrochloroflumcarbon- 13 1 (HCFC-13 1) 

hydrochlorofluorocarbon- 132 (HCFC- 13 2) 

hydrochlorofluomcarbon- 133 (HCFC-133) 

hydrochlarofluorocarbon-14 1 (HCFC-14 1) 

hydrochlorofluorocarbon- 142 WC- 1 42) 

hydrochlomfluorocarbon-22 1 (HCFC-221) hydroc~~fluoroc~bon-222 (HCFC-222) 

hydrochlorofluorocarbon-223 (HCFC-223) hydrochlorofluorocarbon-224 (HCFC-224) 

hydrochlorofluoro~bon-225 (HCFC-225) hydrochlmfluorocatbon-226 (HCFC-226) hydn>chloroflutmx;arbon-23 1 (HCFC-23 1) 

hydrochlorofluorocabmn-232 (HCFC-232) hydrochlmfluorocarbon-233 mCFC-233) 

hydrochlorofluorocarbon-234 (HCFC-234) 

hydrochlorofluorocarbon-235 (HCFC-235) hydrochlorofluorocarbon-24 1 (HCFC-24 1) 

hydtochlorofluorocarbon-242 (HCFC-242) 

hydrochlorofluo~bon-243 WCFC-243) hydrochlorofluorocarbon-244 (HCFC-244) hydrochlorofluorocarbon-25 1 (HCFC-25 1) 

hydrochlorofluorocarbon-252 (HCFC-252) hydrochlorofluorocarbon-253 (HCFC-253) hydrochlorofluorocarbon-26 1 (HCFC-26 1) 

hydrochloroflu~on-262 (HCFC-262) 

hydrochlorofluorocarbon-27 1 (HCFC-27 1) 

This list also includes the isomers of the 

substmces listed above. 

In re: 

45CSR30 -Requirements for Operating Permits 

Transcript of proceedings had at a public 

hearing in the above-styled matter taken at the West 

Virginia Department of Environmental Protection, Division 

of Air Quality, Conference Room, 601 57th Street, S.E. 

Charleston, West Virginia, commencing at 6:08 p.m., on the 7th day of July, 2014, pursuant to notice. 

MISSY Lm YOUNG, C.C.R. 

POST OFFICE BOX 13622 

CHARLESTON, WEST VIRGINIA 25360 

304-539-6192 
Comments and testimony will be accepted until the close of 

this hearing and will be made part of the rulemaking 

record. Any relevant question regarding revisions to the 

rules will be included with your comments, and any such 

question will be addressed as part of the response to 

comments in the rulemaking record. 

The purpose of this public hearing is to satisfy 

state rulemaking requirements by accepting comments on 

proposed revisions to rule 45CSR30 - Requirements for 

Operating Permits. This rule establishes a comprehensive 

air quality operating permits program consistent with the 

requirements of Title V of the federal Clean Air Act. 

Revisions to the rule implement an increase in Title V 

operating fees from $18 per ton to $28 per ton. The 

increase in fees will correct a downward trend in fee 

collection, and will keep the Title V Operating Permit 

Program solvent in accordance with the Clean Air Act. Upon 

authorization and promulgation of 45CSR30, the rule will be 

submitted to the EPA as a revision to the West Virginia 

MISSY L. YOUNG, C.C.R. 304-539-6192 
for proposed rule 45CSR30 is concluded. 

(WHEREUPON, the hearing was 

concluded at 6:17 p.m.) 

MISSY L. YOUNG, C.C,R. 304-539-6192 
I, the undersigned, Missy L. Young, a 

Certified Court Reporter and Notary Public within and for 

the State of West Virginia, duly commissioned and 

qualified, do hereby certify that the foregoing, was taken 

to the best of my skill and ability, a true and accurate 

transcript of all the proceedings had in the aforementioned 

matter. 

Given under my hand and official seal this 

14th day of July 2014. 

Notary Public @i the kdate%f West Virginia 

My commission expires April 15, 2018. 

MISSY L. YOUNG, C.C,R. 304-539-6192 
On June 6,2014, the Division ofAir Quality@AQ) commenced a thirty day public comment 

period and subsequently held a public hearing on July 7,2014 to accept oral comments on proposed 

revisions to legislative rule 45CSR.30, Written comments were also accepted through 690 PM on 

Monday, July 7,2014. No commenter submitted written comments regarding proposed revisions 

to de 45CSR14, and no commenter provided relevant verbal comment.