## 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 pollutant2010 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 areas2010 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 pollutant2010 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 change2012 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 submittal2014 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

language2012 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