Summary of West Virginia NSR Changes

Submittal 45CSR19 Reg Text Comments

2012 1.1 Summary of the scope of 

45CSR19 added.

2014 1.3-6

Regulatory text was 

updated to reflect filing 

and effective date of this 

version of 45CSR19

2012 1.6

Rule title changed to 

"45CSR19 - "Permits for 

Construction and Major 

Modification of Major 

Stationary Sources of Air

Pollution Which Cause or 

Contribute to 

Nonattainment" and the 

filing date and effective 

date of the rule was 

updated.

2010 2.1

Changed regulated 

pollutant to regulated 

NSR pollutant in 

definition of Actual 

Emissions

2012 2.4.b

Regulatory text updated. 

"The" changed to "Any" 

and "State of West 

Virginia" was changed to 

"State Implementation 

Plan"

2010 2.9

Changed regulated 

pollutant to regulated 

NSR pollutant in 

definition of Baseline 

Actual Emissions

2010 2.9.a.3

Changed regulated 

pollutant to regulated 

NSR pollutant

2012 2.9.b.3

Changed "part 63 of this 

chapter" to "40 CFR part 

63" and "State" to 

"Secretary"

2010 2.9.b.4

Changed regulated 

pollutant to regulated 

NSR pollutant
2010 2.11

Changed regulated 

pollutant to regulated 

NSR pollutant and fixed 

typo

2012 2.13 Removed citation from 

definition of "CAA"

2012 2.22

Added "of this rule" to 

definition of "Continuous 

parameter monitoring 

system"

2010 2.16 Removed clean emission 

unit definition

2010 2.26

Changed regulated 

pollutant to regulated 

NSR pollutant

2010 2.26.b

Updated the definition of 

existing emissions unit 

and replacement unit

2012 2.28

Amended definition of 

"Federally enforceable." 

Replaced "rules and 

regulation of the 

approved State 

Implementation Plan of 

West Virginia" and with 

"requirements within any 

applicable State 

implementation plan"

2010 2.33.a

Changed regulated 

pollutant to regulated 

NSR pollutant

2010 2.33.b Updated citation

2010 2.33.c.3 Formatting change

2012 2.33.c.6 Formatting change

2010 2.33.c.8 Removed pollution 

control project language

2010 2.33.e

Added provisions for NOx 

as a precursor to ozone 

relating to reasonable 

possibility provisions

2010 2.33.f

Added provisions for 

VOCs as a precursor to 

ozone in extreme non-

attainment areas
2010 2.35.a

Changed regulated 

pollutant to regulated 

NSR pollutant. Added 

provisions for lower 

major source thresholds 

for nonattainment areas 

for ozone, carbon 

monoxide, and 

particulate matter

2012 2.35.a

Replaced "which" with 

"that" under definition of 

"Major Stationary Source"

2010 2.35.b

Added provisions for 

major stationary source 

thresholds for NOx as a 

precursor to ozone.

2012 2.35.b

Replaced "ozone 

attainment areas" with 

"areas subject to Title 1, 

Part D, Subpart 2"

2010 2.35.c

Updated citation, 

removed now redundant 

language

2010 2.35.e Formatting change

2012 2.35.e Removed "this" from 

regulatory text

2010 2.35.e.20

Updated chemical 

process plant definition 

to exclude ethanol 

production facilities

EPA is taking no action 

on these provisions

2010 2.35.e.27 Formatting change

2012 2.35.e.27 Replaced "§111" with 

"§§111"

2011 2.35.f

Changed fugitives to 

fugitive emissions and 

removed extra language 

for affected facilities

2011 2.35.g

Added definition for 

"affected facilities" for 

2.35.f

2012 2.38 Replaced "regulations" 

with "rules"

2012 2.39.a Replaced "Any" with 

"The"
2010 2.39.b.2.C Removal of clean unit 

provisions

2010 2.39.b.5

Removal of clean unit and 

pollution control project 

provisions

2010 2.39.b.5

Previously 2.39.b.6, 

updated replacement unit 

language

2012 2.39.b.5 Updated language for 

replacement units

2012 2.44

Added definition of 

"PM2.5" and adjusted 

subsequent regulatory 

citations (2.45 to 2.53)

2010 2.53 Removed pollution 

control project language

2012 2.59.a

Added "and" to clarify 

definition of "Projected 

actual emissions"

2012 2.59.c

Added "or" to clarify 

definition of "Projected 

actual emissions"

2010 2.61.c

Added language for 

precursors of ozone and 

PM2.5

2010 2.61.d

Added provisions for 

condensable particulate 

matter

2012 2.61.d Replaced "section" with 

"rule"

2010 2.62 Added provisions for 

replacement units

2010 2.63 Formatting change

2012 2.63 Removed definition of 

"Reviewing authority"
2010 2.66

Added table of significant 

emission rates, included 

significant emission rates 

for PM2.5 and its 

precursors, and included 

significant emission rates 

for increases of VOCs in 

serious or severe 

nonattainment areas, 

NOx in nonattainment 

areas or the ozone 

transport region, carbon 

monoxide in 

nonattainment areas, and 

VOCs in extreme 

nonattainment areas

2010 2.69

Added chart for 

significant impact 

increases

2012 2.69

Added PM2.5 Ambient Air 

Concentration Increases 

and removed TSP 

Ambient Air 

Concentration Increases 

from the chart in the 

definition of "Significant 

Impact"

2012 2.71

Changed definition of 

"Source, Stationary 

Source" to "Source, or 

stationary source" and 

replaced "emit any 

regulated air pollutant" 

with "emit a regulated 

NSR pollutant"

2010 2.74 Formatting change

2012 2.77

Updated language to 

include the federal Clean 

Air Act

2012 3.3.a

Added chart for 

significance levels 

(including PM2.5) that 

were previously in Table 

45-19B

2010 3.4

Changed regulated 

pollutant to regulated 

NSR pollutant
2010 3.4.a

Changed regulated 

pollutant to regulated 

NSR pollutant and 

updated citations

2010 3.4.e Removed clean unit 

provisions

2010 3.4.f

Removed clean unit 

provisions, updated 

citations, changed 

regulated pollutant to 

regulated NSR pollutant

2010 3.5

Changed regulated 

pollutant to regulated 

NSR pollutant

2010 3.6 Removed provisions for 

pollution control projects

2012 3.7.a Replaced "emission" with 

"emissions"

2010 3.7.a.20

Updated chemical 

process plant definition 

to exclude ethanol 

production facilities

EPA is taking no action 

on these provisions

2011 3.7.b

Changed fugitives to 

fugitive emissions and 

removed extra language 

for affected facilities

2011 3.7.c

Added definition for 

"affected facilities" for 

3.7.b

7.2

Updated regulatory text 

for determining emission 

offsets

2010 7.4

Revised provisions for 

emission reductions 

requirements

2012 7.4.a

Added "surplus" to be a 

criteria for an emission 

reduction to be creditable

2010 7.5

Added provision for 

emission reductions 

requirements

2010 7.6 Formatting change
2012 8.2.b

Replaced "total 

suspended particulate 

(TSP)" with "fine 

particulate matter 

(PM2.5) and replaced 

"should" with "shall"

2012 8.5.a Replaced "TSP" with 

"PM2.5"

2012 8.6 Replaced "and" with "or"

2010 8.7 Removed clean unit 

provisions

2010 8.8 Removed clean unit 

provisions

2012 12.2.a Replaced "administrator" 

with "Administrator"

2012 14.1.b Replaced "the state" with 

"West Virginia"

2012 14.4.b Replaced "should" with 

"shall"

2012 15.6 Replaced "should" with 

"shall"

2010 17.4

Updated language for 

reasonable possibility 

provisions

2012 17.4.b

Replaced "operator of the 

a unit" with "operator of 

such a unit" and 

"department" with 

"Secretary" 

2010 17.4.d Formatting change

2012 17.4.e Replaced "department" 

with "Secretary"

2010 17.4.f Added language for 

reasonable possibility

2010 17.5 Added language for 

reasonable possibility

2010 17.6

Added requirements for 

NOx waivers under 182(f) 

of the CAA

2010 17.7

Added language for 

emission offset ratios, 

including interpollutant 

trading ratios

Provisions were 

subsequently removed in 

the 2014 submittal
2014 17.9

Removed provisions for 

interpollutant trading 

ratios which were 

originally included in 

45CSR17.7 in the 2010 

submittal

2012 18.1 Replaced "section §107" 

with "§107"

2010 20 Removed clean unit test 

provisions

2010 21 Removed clean unit 

provisions

2010 22

Removed pollution 

control project 

requirements

2012 23.2

Clarified typographical 

error and corrected 

citations for definition of 

"allowable emissions

2012 23.6

Removed redundant 

language in 23.6.a already 

included in 23.6.b

2010 23.6.a Revised language for 

setting PAL levels

2010 23.6.b

Added provisions for 

setting PAL levels for 

newly constructed units

2012 23.8.b.2.C Replaced "State" with 

"Secretary"

2012 23.13.b.2 Replaced "title V" with 

"45CSR30"

2012 23.14

Replaced "the applicable 

title V operating permit 

program" with "45CSR30"

2012 23.14.a.7

Replaced "the applicable 

title V operating permit 

program" with "45CSR30"

2012 23.15.a

Replaced "regulations" 

with "rules", "WV" with 

"West Virginia", and 

removed redundant 

language
2012 24.1

Replaced "single permit" 

with "single 

preconstruction permit"

2010 Table 45

-

19A

Removed and revised 

table added to regulatory 

text

2010 Table 45

-

19B

Removed and revised 

table added to regulatory 

text