45CSR14

TITLE 45 LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION

AIR QUALITY SERIES 14 PERMITS FOR CONSTRUCTION AND MAJOR MODIFICATION OF MAJOR STATIONARY SOURCES OF AIR POLLUTION FOR THE PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUAL ITY

§45-14-1. General. 1.1. Scope. -- This rule establishes and adopts a pr econstruction permit program in accordance with the policy of §101(b)(1) of the Clean Air Act (CAA), th e purposes of §160 of the CAA, and the prevention o f significant deterioration of air quality requiremen ts of 40 CFR §51.166. Preconstruction permits issu ed pursuant to this rule shall contain emission limita tions and such other measures as may be necessary f or the prevention significant deterioration of air quality . This rule provides: 1.1.a. A mechanism to ensure that economic growth wi ll occur in harmony with the preservation of existing clean air resources; to prevent the develo pment of any new non-attainment problems; to protec t the public health and welfare from any adverse effects which might occur even at air quality levels betterthan the West Virginia andNational Ambient Air Quality Standards; and to pre serve, protect, and enhance the air quality in areas of special natural, recreation al, scenic, or historic value. It is the intent of the Secretary to register and evaluate sources of air pollutants and to preclude the construction or relocation of a ny major stationary source or major modification in any areaclassified as attaining National or West VirginiaAmbient Air Quality Standards or unclassifiable in which th e establishment of such source or modification may interfere with the goals of the prevention of signi ficant deterioration of air quality levels; and 1.1.b. A method to quantitatively define significantdeterioration of air quality with respect to the desired degree of preservation of air quality for v arious areas and to set forth procedures for registration and reporting, and the criteria for obtaining a permit to construct or relocate a major stationary source or make a major modification to a stationary source within a designated attainment or unclassified area of the State of West Virginia. Such construction, modification, or relocation without such a permit is a violation of this rule. 1.2. Authority. -- W. Va. Code §22-5-4. 1.3. Filing Date. -- June 16, 2011

. 1.4. Effective Date. -- June 16, 2011

. 1.5. Federal Regulation. -- Unless otherwise indicat ed, where reference to a federal regulation or standard appears in this rule, such regulation or s tandard will, for the purpose of this rule, be cons trued as that version which was in effect as of June 1, 2010 June 1, 2011

. 1.6. Former Rules. -- This legislative rule amends 4 5CSR14 - “Permits for Construction and Major Modification of Major Stationary Sources of Air Pol lution for the Prevention of Significant Deteriorat ion”

145CSR14

which was filed on April 30, 2010 June 16, 2011 and became effective on June 1, 2010 June 16, 2011

. §45-14-2. Definitions. 2.1. “Actual emissions” means the actual rate of emi ssions of a pollutant from an emissions unit, as described below, except that this definition shall not apply for calculating whether a significant emi ssions increase has occurred, or for establishing a PAL un der section 25. Instead, subsections 2.63 and 2.8 shall apply for those purposes. 2.1.a. In general, actual emissions as of a particul ar date shall equal the average rate, in tons per y ear, at which the unit actually emitted the pollutant du ring a consecutive 24-month period which precedes the particular date and which is representative of norm al source operation. The Secretary may allow the u se of a different time period upon a determination that i t is more representative of normal source operation . Actual emissions shall be calculated using the unit’s actu al operating hours, production rates, and types of materials processed, stored, or combusted during the selectedtime period. 2.1.b. The Secretary may presume that source-specifi c allowable emissions for the unit are equivalent to the actual emissions of the unit. 2.1.c. For any emissions unit which has not begun no rmal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date. 2.1.d. For an electric utility steam generating unit(other than a new unit or the replacement of an existing unit) actual emissions of the unit followi ng the physical or operational change shall equal the representative actual annual emissions of the unit following the physical or operational change, provi ded the source owner or operator maintains and submits to the Director, on an annual basis for a period of fiv e (5) years from the date the unit resumes regular operat ion, information demonstrating that the physical or operational change did not result in an emissions i ncrease. A longer period, not to exceed ten (10) y ears, may be required by the Director if the Director determi nes such a period to be more representative of norm al source operations following the physical or operati onal change. 2.2. “Actuals PAL” for a major stationary source mea ns a PAL based on the baseline actual emissions (as defined in subsection 2.8) of all emissions uni ts (as defined in subsection 2.27) at the source, that emit or have the potential to emit the PAL pollutant. 2.3. “Administrator” means the Administrator of the United States Environmental Protection Agency. 2.4. “Adverse impact on visibility” means visibilityimpairment which interferes with the management, protection, preservation or enjoyment of the visito r's visual experience of the Federal Class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensit y, duration, frequency and time of visibility impairme nt, and how these factors correlate with (1) times of visitor use of the Federal Class I area, and (2) th e frequency and timing of natural conditions that r educe visibility. 2.5. “Air pollutants” means solids, liquids, or gase s which, if discharged into the air, may result in statutory air pollution. 2.6. “Air pollution” or “statutory air pollution” me ans and is limited to the discharge into the air by the

245CSR14

act of man substances (liquid, solid, gaseous, orga nic or inorganic) in a locality, manner and amount as to be injurious to human health or welfare, animal or plant life, or property, or which would interfere w ith the enjoyment of life or property. 2.7. “Allowable emissions” means the emission rate o f a stationary source calculated using the maximum rated capacity of the source (unless the so urce is subject to federally enforceable limits or limits enforceable by the Secretary which restrict the ope rating rate, or hours of operation, or both) and th e most stringent of the following: 2.7.a. The applicable standards as set forth in 40 C FR Parts 60 and 61; 2.7.b. The applicable State of West Virginia emissio ns limitations or permit conditions, including those with a future compliance date; or 2.7.c. The applicable federally enforceable emission s limitations or permit conditions, including those with a future compliance date. 2.8. “Baseline actual emissions” means the rate of e missions, in tons per year, of a regulated NSR pollutant, as determined in accordance with subdivi sions 2.8.a through 2.8.d. 2.8.a. For any existing electric utility steam gener ating unit, baseline actual emissions means the average emission rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner o r operator within the 5-year period immediately preceding when the owner or operator begins actual construction of the project. The Secretary shall a llow the use of a different time period upon a determina tion that it is more representative of normal sourc e operation. 2.8.a.1. The average rate shall include fugitive emi ssions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctio ns. 2.8.a.2. The average rate shall be adjusted downwardto exclude any noncompliant emissions that occurred while the source was operating above any e mission limitation that was legally enforceable dur ing the consecutive 24-month period. 2.8.a.3. For a regulated NSR pollutant, when a proje ct involves multiple emissions units, only one consecutive 24-month period must be used to det ermine the baseline actual emissions for the emissi ons units being changed. A different consecutive 24-mo nth period can be used for each regulated NSR pollu tant. 2.8.a.4. The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this a mount if required by paragraph 2.8.a.2. 2.8.b. For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons pe r year, at which the emissions unit actually emitte d the pollutant during any consecutive 24-month period se lected by the owner or operator within the 10-year period immediately preceding either the date the ow ner or operator begins actual construction of the p roject, or the date a complete permit application is receiv ed by the Secretary for a permit required under thi s rule, whichever is earlier, except that the 10-year perio d shall not include any period earlier than Novembe r 15,

345CSR14

1990. 2.8.b.1. The average rate shall include fugitive emi ssions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctio ns. 2.8.b.2. The average rate shall be adjusted downwardto exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable duri ng the consecutive 24-month period. 2.8.b.3. The average rate shall be adjusted downwardto exclude any emissions that would have exceeded an emission limitation with which the majo r stationary source must currently comply, had such major stationary source been required to comply wit h such limitations during the consecutive 24-month period. However, if an emission limitation is partof a maximum achievable control technology standar d that the Administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need onl y be adjusted if the State has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements o f 45CSR19-8.6. 2.8.b.4. For a regulated NSR pollutant, when a proje ct involves multiple emissions units, only one consecutive 24-month period must be used to det ermine the baseline actual emissions for all the emissions units being changed. A different consecu tive 24-month period can be used for each regulatedNSR pollutant. 2.8.b.5. The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this a mount if required by paragraphs 2.8.b.2 and 2.8.b.3. 2.8.c. For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initia l construction and operation of such unit shall equ al zero; and thereafter, for all other purposes, shall equal the unit’s potential to emit. 2.8.d. For a PAL for a stationary source, the baseli ne actual emissions shall be calculated for existin g electric utility steam generating units in accordan ce with the procedures contained in subdivision 2.8 .a, for other existing emissions units in accordance with the procedures contained in subdivision 2.8.b, and f or a new emissions unit in accordance with the procedure s contained in subdivision 2.8.c. 2.9. Baseline Area. 2.9.a. “Baseline area” means any county of the State of We st Virginiaintrastate area (and every part thereof) designated as attainment or unclassifiable under §107(d)(1)(A)(ii) or (iii) of the CAAin which athe major source or major modification establishing the minor source baseline date would construct or woul d have an air quality impact equal to or greater than 1 μ g/m 3 (annual average) of forthe pollutant for which the minor source baseline date is established. , equal to or greater than the following:

Pollutant Air Quality Impact (annual average) SO 2 1 μg/m 3

445CSR14

NO 2 1 μg/m 3 PM 10 1 μg/m 3 PM 2.5 0.3 μg/m 3

2.9.b. Area redesignations under §107(d)(1)(A)(ii) or (iii ) of the CAA cannot intersect or be smaller than the area of impact of any major stationary sou rce or major modification which: 2.9.b.1. Establishes a minor source baseline date; or 2.9.b.2. Is subject to 40 CFR §52.21 or this rule, and wouldbe constructed in the same state as the state proposing the redesignation. 2.9.c. Any baseline area established originally for the TS P increments shall remain in effect and shall apply for purposes of determining the amount of ava ilable PM 10 increments, except that such baseline area shall not remain in effect if the Secretary rescind s the corresponding minor source baseline date in accordance with subdivision 2.42.d. 2.10. “Baseline concentration” means that ambient co ncentration level which exists in the baseline area at the time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and includes: 2.10.a. The allowable emissions of major stationary sources which commenced construction before the major source baseline date, but were not in ope ration by the applicable minor source baseline date

. 2.10.b. The actual emissions representative of sourc es in existence on the applicable minor source baseline date. However, the following will not be included in the baseline concentration and will aff ect the applicable maximum allowable increase(s): 2.10.b.1. actual emissions from any major stationarysource on which construction commenced after the major source baseline date; and 2.10.b.2. actual emissions increases and decreases a t any stationary source occurring after the minor source baseline date. 2.11. “Begin actual construction” means, in general, initiation of physical on-site construction activi ties on an emissions unit which are of a permanent natur e. Such activities include, but are not limited to , installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a ch ange in method of operation, this term refers to th ose onsite activities, other than preparatory activities, which mark the initiation of the change. 2.12. “Best available control technology (BACT)” mea ns an emissions limitation (including a visible emissions standard) based on the maximum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or major modification which the Secretary, on a case-by-case basis, taking into account energy, e nvironmental and economic impacts and other costs, determines is achievable for such source or modific ation through application of production processes o r

545CSR14

available methods, systems, and techniques, includi ng fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant . In no event shall application of best available control technology result in emissions of any pollutant whi ch would exceed the emissions allowed by any federa lly enforceable emissions limitations or emissions limi tations enforceable by the Secretary. If the Secre tary determines that technological or economic limitatio ns on the application of measurement methodology to a particular emissions unit would make the impositi on of an emissions standard infeasible, a design, equipment work practice, operational standard or co mbination thereof, may be prescribed instead to sat isfy the requirement for the application of best availab le control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, wo rk practice or operation, and shall provide for compli ance by means which achieve equivalent results. 2.13. “Building, Structure, Facility, or Installatio n” means all of the pollutant-emitting activities w hich belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or person s under common control). Pollutant-emitting activi ties are a part of the same industrial grouping if they belong to the same “Major Group” (i.e., which have the same two (2)-digit code) as described in the Standard Industrial Classification Manual, 1987 (United S tates Government Printing Office stock number GPO 1987 0- 185-718:QL 3). 2.14. “CAA” means the Clean Air Act, 42 U.S.C. 7401, et seq., as amended by Pub. L. No. 101-549 (November 15, 1990). 2.15. “Clean Coal Technology” means any technology, including technologies applied at the precombustion, combustion, or post combustion stage , at a new or existing facility which will achieve significant reductions in air emissions of sulfur d ioxide or oxides of nitrogen associated with the ut ilization of coal in the generation of electricity, or proces s steam which was not in widespread use as of Novem ber 15, 1990. 2.16. “Clean coal technology demonstration project” means a project using funds appropriated under the heading “Department of Energy -- Clean Coal Technol ogy”, up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology, or similar projects funded through appropriations f or USEPA. The Federal contribution for a qualifying p roject shall be at least twenty (20) percent of the total cost of the demonstration project. 2.17. [Reserved]. 2.18. “Commence” as applied to construction of a maj or stationary source or major modification means that the owner or operator has all necessary precon struction approvals or permits and either has: 2.18.a. begun, or caused to begin, a continuous prog ram of actual on-site construction of the source, to be completed within a reasonable time; or 2.18.b. entered into binding agreements or contractu al obligations, which cannot be canceled or modified without substantial loss to the owner or o perator, to undertake a program of actual construct ion of the source to be completed within a reasonable time

. 2.19. “Complete” means, in reference to an applicati on for a permit, that the application contains all of the information necessary for processing the applic ation. Designating an application complete for purposes of permit processing does not preclude the Secretar y from requesting or accepting any additional infor mation.

645CSR14

2.20. “Construction” means any physical change or ch ange in the method of operation (including fabrication, erection, installation, demolition, ormodification of an emissions unit) which would res ult in a change in actual emissions. 2.21. “Continuous emissions monitoring system (CEMS) ” means all of the equipment that may be required to meet the data acquisition and availabil ity requirements, to sample, condition (if applicab le), analyze, and provide a record of emissions on a con tinuous basis. 2.22. “Continuous emissions rate monitoring system ( CERMS)” means the total equipment required for the determination and recording of the pollutant ma ss emissions rate (in terms of mass per unit of time). 2.23. “Continuous parameter monitoring system (CPMS) ” means all of the equipment necessary to meet the data acquisition and availability requirements, to monitor process and control device operational parameters (for example, control device secondary v oltages and electric currents) and other informatio n (for example, gas flow rate, O2 or CO2 concentrations), and to record average operational parameter value(s ) on a continuous basis. 2.24. “Department of Environmental Protection” or “D EP” means the Department of Environmental Protection as defined in W. Va. Code §22-1-4. 2.25. “Electric utility steam generating unit” means any steam electric generating unit that is constru cted for the purpose of supplying more than one-third of its potential electric output capacity and more th an twenty-five (25) MW electrical output to any utilit y power distribution system for sale. Any steam su pplied to a steam distribution system for the purpose of p roviding steam to a steam-electric generator that w ould produce electrical energy for sale is also consider ed in determining the electrical energy output capa city of the affected facility. 2.26. “Emission” means the release, escape or discharge of air pollutants into the air. 2.27. “Emissions unit” means any part of a stationar y source that emits or would have the potential to emit any regulated NSR pollutant and includes an el ectric utility steam generating unit as defined in subsection 2.25. For purposes of this rule, there are two types of emissions units as described in su bdivisions 2.27.a and 2.27.b. 2.27.a. A new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than 2 years from the date suc h emissions unit first operated. 2.27.b. An existing emissions unit is any emissions unit that does not meet the requirements in subdivision 2.27.a. A replacement unit, as definedin subsection 2.68, is an existing emissions unit. 2.28. “Federal Land Manager” means, with respect to any lands in the United States, the Secretary of the department with authority over such lands. 2.29. “Federally enforceable” means all limitations and conditions which are enforceable by the Administrator including those requirements develope d pursuant to 40 CFR Parts 60, 61 and 63, rules of the approved West Virginia State Implementation Plan, a ny permit requirements established pursuant to 40 C FR §52.21 or this rule, and any operating permits issu ed under a program that is incorporated into the St ate Implementation Plan and expressly requires adherenc e to any permit issued under such program.

745CSR14

2.30. [Reserved.] 2.31. “Fugitive emissions” means those emissions whi ch could not reasonably pass through a stack, chimney, vent or other functionally equivalent open ing. 2.32. [Reserved.] 2.33. [Reserved.] 2.34. [Reserved.] 2.35. [Reserved.] 2.36. “Innovative control technology” means any syst em of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater cont inuous emissions reduction than any control system in curr ent practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air quality environmental impacts. 2.37. “Lowest achievable emission rate (LAER)” means , for any source, the more stringent of the following: 2.37.a. The most stringent emissions limitation whic h is contained in the implementation plan of any State for such class or category of stationary source, unless the owner or operator of the propose d stationary source demonstrates that such limitation s are not achievable; or 2.37.b. The most stringent emissions limitation whic h is achieved in practice by such class or category of stationary sources. This limitation, w hen applied to a modification, means the lowest ach ievable emission rate for the new or modified emissions uni ts within the stationary source. In no event shall the application of the term permit a new or proposed ne w or modified stationary source to emit any polluta nt in excess of the amount allowable under an applicable new source standard of performance. 2.38. [Reserved.] 2.39. Major emissions unit means: 2.39.a. Any emissions unit that emits or has the pot ential to emit 100 tons per year or more of the PAL pollutant in an attainment area; or 2.39.b. Any emissions unit that emits or has the pot ential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the CA A for nonattainment areas. For example, in accordance wi th the definition of major stationary source in §18 2(c) of the CAA, an emissions unit would be a major emis sions unit for VOC if the unit is located in a seri ous ozone non attainment area and it emits or has the p otential to emit 50 or more tons of VOC per year. 2.40. “Major modification” means any physical change in or change in the method of operation of a major stationary source which results in: a signifi cant emissions increase (as defined in subsection 2 .75) of any regulated NSR pollutant (as defined in subsecti on 2.66); and a significant net emissions increase of that pollutant from the major stationary source. Any si gnificant emissions increase (as defined at subsect ion

845CSR14

2.75) from any emissions units or net emissions inc rease (as defined in subsection 2.46) at a major st ationary source that is significant for volatile organic com pounds or NO Xshall be considered significant for ozone. However, the following actions do not constitute a physical change or change in the method of operatio n: 2.40.a. Routine maintenance, repair, and replacement

. 2.40.b. Use of an alternative fuel or raw material b y reason of any order under sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant t o the Federal Power Act. 2.40.c. Use of an alternative fuel by reason of an o rder or rule under §125 of the CAA. 2.40.d. Use of fuel generated from municipal solid w aste as an alternative fuel at a steam generating unit. 2.40.e. Use of an alternative fuel or raw material b y a stationary source, provided that: 2.40.e.1. Prior to January 6, 1975, the source was c apable of accommodating such alternative fuel or raw material, unless such change would be prohib ited under any federally enforceable permit conditi on which was established after January 6, 1975 pursuan t to 40 CFR §52.21 or under any permit issued or or der entered pursuant to any rule of the Secretary afterJanuary 6, 1975; 2.40.e.2. The source is approved to use the alternat ive fuel or raw material under any permit issued under 40 CFR §52.21 or under any permit issued or o rder entered pursuant to any rule of the Secretary. 2.40.f. An increase in the hours of operation unless such increase would be prohibited by a Federal permit issued pursuant to 40 CFR §52.21 or by any p ermit issued or order entered pursuant to any rule of the Secretary. 2.40.g. An increase in the production rate unless su ch increase would be prohibited by a Federal permit issued pursuant to 40 CFR §52.21 or by any p ermit issued or order entered pursuant to any rule of the Secretary. 2.40.h. Any change in ownership at a stationary sour ce. 2.40.i. [Reserved.] 2.40.j. The installation, operation, cessation, or r emoval of a temporary clean coal technology demonstration project, provided that the project co mplies with: 2.40.j.1. The State Implementation Plan; and 2.40.j.2. Other requirements necessary to attain andmaintain the National Ambient Air Quality Standards during the project and after it is termin ated. 2.40.k. The installation or operation of a permanentclean coal technology demonstration project that constitutes repowering, provided that the proj ect does not result in an increase in the potential to emit

945CSR14

of any regulated NSR pollutant emitted by the unit. This exemption shall apply on a pollutant-by-poll utant basis. 2.40.l. The reactivation of a very clean coal-fired electric utility steam generating unit. 2.40.m. This definition shall not apply with respectto a particular regulated NSR pollutant when the major stationary source is complying with the requi rements under section 25 for a PAL for that polluta nt. Instead, the definition at subsection 2.53 shall ap ply. 2.41. “Major modification for ozone” means a major m odification for volatile organic compounds or NO X . 2.42. “Major and minor source baseline date.” 2.42.a. “Major source baseline date” means: 2.42.a.1. in the case of particulate matterPM 10 and sulfur dioxide, January 6, 1975; and 2.42.a.2. in the case of nitrogen dioxide, February 8, 1988. ; and
2.42.a.3. in the case of PM 2.5 ,October 20, 2010. 2.42.b. “Minor source baseline date” means the earli est date after the trigger date on which a major stationary source or a major modification subject t o the requirements of 40 CFR §52.21 or to this rule submits a complete application under this rule. Th e trigger date is: 2.42.b.1. In the case of particulate matterPM 10 and sulfur dioxide, August 7, 1977, and 2.42.b.2. In the case of nitrogen dioxide, February 8, 1988. ; and 2.42.b.3. In the case of PM 2.5 , October 20, 2011. 2.42.c. The baseline date is established for each po llutant for which increments or other equivalent measures have been established if: 2.42.c.1. The area in which the proposed source or m odification would construct is designated as attainment or unclassifiable under §107(d)(i)(D) or(E) §107(d)(1)(A)(ii) or (iii) of the CAA for the pollutant on the date of its complete application under 40 CF R §52.21 or this rule; and 2.42.c.2. In the case of a major stationary source, the pollutant would be emitted in significant amounts, or in the case of a major modification, th ere would be a significant net emissions increase o f the pollutant. 2.42.d. Any minor source baseline date established o riginally for the TSP increments shall remain in effect and shall apply for purposes of determini ng the amount of available PM 10 increments, except that the Secretary may rescind any such minor source bas eline date where it can be demonstrated to the Secretary’s satisfaction that the emissions increas e from the major stationary source, or the net emis sions

1045CSR14

increase from the major modification, responsible f or triggering that date did not result in a signifi cant amount of PM 10 emissions. 2.43. “Major stationary source” means: 2.43.a. Any of the following stationary sources of a ir pollutants which emits or has the potential to emit, one hundred (100) tons per year or more of an y regulated NSR pollutant: • Fossil Fuel-fired Steam Electric Plants of More th an 250 Million Btu/hr Heat Input, • Coal Cleaning Plants (with thermal dryers), • Kraft Pulp Mills, • Portland Cement Plants, • Primary Zinc Smelters, • Iron and Steel Mill Plants, • Primary Aluminum Ore Reduction Plants (with therma l dryers), • Primary Copper Smelters, • Municipal Incinerators Capable of Charging More th an 250 Tons of Refuse per Day, • Hydroflouric, Sulfuric and Nitric Acid Plants, • Petroleum Refineries, • Lime Plants, • Phosphate Rock Processing Plants, • Coke Oven Batteries, • Sulfur Recovery Plants, • Carbon Black Plants (furnace process), • Primary Lead Smelters, • Fuel Conversion Plants, • Sintering Plants, • Secondary Metal Production Plants, • Chemical Process Plants (which does not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140), • Fossil Fuel Boilers (or combinations thereof) Tota ling More than 250 Million Btu/hour Heat Input, • Petroleum Storage and Transfer Units with a Total Storage Capacity Exceeding 300,000 Barrels, • Taconite Ore Processing Plants, • Glass Fiber Processing Plants, and • Charcoal Production Plants; 2.43.b. Notwithstanding the stationary source size s pecified in subdivision 2.43.a, any stationary source which emits or has the potential to emit, tw o hundred fifty (250) tons per year or more of any regulated NSR pollutant; or 2.43.c. Any physical change at a stationary source, not otherwise qualifying under subdivision 2.43.a as a major stationary source, if the change itself would constitute a major stationary source. 2.43.d. A major source that is major for volatile or ganic compounds or NO Xshall be considered major for ozone. 2.43.e. The fugitive emissions of a stationary sourc e shall not be included in determining whether

1145CSR14

it is a major stationary source, unless the source is listed in Table 1. 2.43.f. In addition to those facilities covered unde r subdivision 2.43.e, all coal preparation plants as defined under 40 CFR §60.251(a) which process mo re than 200 tons per day shall count fugitive emiss ions from all “affected facilities” at the source. 2.43.g. For the purpose of subdivision 2.43.f, the t erm “affected facilities” means those facilities which are listed or identified as “affected facilit ies” in the applicable standard promulgated under § §111 or 112 of the CAA.” Table 1

SOURCE CATEGORIES WHICH MUST INCLUDE FUGITIVE EMISS IONS • Fossil-Fuel-Fired Steam Electric Plants Greater Th an 250 Million Btu/Hour Heat Input • Coal Cleaning Plants (with thermal dryers) • Kraft Pulp Mills • Portland Cement Plants • Primary Zinc Smelters • Iron and Steel Mill Plants • Primary Aluminum Ore Reduction Plants • Primary Copper Smelters • Municipal Incinerators Capable of Charging GreaterThan 250 Tons of Refuse/Day • Hydrofluoric, Sulfuric, and Nitric Acid Plants • Petroleum Refineries • Lime Plants • Phosphate Rock Processing Plants • Coke Oven Batteries • Sulfur Recovery Plants • Carbon Black Plants (furnace process) • Primary Lead Smelters • Fuel Conversion Plants • Sintering Plants • Secondary Metal Production Plants • Chemical Process Plants - The term chemical proces sing plant shall not include ethanol production facilities that produce ethanol by natural fermenta tion included in NAICS codes 325193 or 312140 • Fossil Fuel Boilers (or combinations thereof) Tota ling More Than 250 Million Btu/Hour Heat Input • Petroleum Storage and Transfer Units with a Total Storage Capacity Exceeding 300,000 Barrels • Taconite Ore Processing Plants • Glass Fiber Processing Plants • Charcoal Production Plants • Any other stationary source category which, as of August 7, 1980, is being regulated under §§111 or 1 12 of the CAA. 2.43.f. In addition to those facilities covered under subdi vision 2.43.e, all coal preparation plants as defined under 40 CFR §60.251(a) which process mo re than 200 tons per day shall count fugitive emiss ions from all “affected facilities” at the source. 2.43.g. For the purpose of subdivision 2.43.f, the term “af fected facilities” means those facilities

1245CSR14

which are listed or identified as “affected facilit ies” in the applicable standard promulgated under § §111 or 112 of the CAA.” 2.44. “Major stationary source for ozone” means a ma jor stationary source of volatile organic compounds or NO X . 2.45. “Necessary preconstruction approvals or permit s” means those permits or approvals required under the CAA and rules promulgated under W.Va. Code §22- 5-4. 2.46. “Net emissions increase” means, with respect t o any regulated NSR pollutant emitted by a major stationary source, the amount of emissions by whichthe sum of the following exceeds zero: 2.46.a. The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated purs uant to subsection 3.4; 2.46.b. Any other increases and decreases in actual emissions at the major source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions fo r calculating increases and decreases under subdivisi on 2.46.b shall be determined as provided in subsec tion 2.8 of this section , except that paragraphs 2.8.a.3 and 2.8.b.4 shall not apply; 2.46.c. An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs not more than f ive (5) years prior to the date on which constructi on on the particular change commences nor later than the date on which the increase from the particular change o ccurs. 2.46.d. An increase or decrease in actual emissions is creditable only if: 2.46.d.1. The increase or decrease in actual emissio ns has not been relied upon by the United States Environmental Protection Agency in issuing apermit pursuant to 40 CFR §52.21; or 2.46.d.2. By the Secretary in issuing a permit purs uant to this rule and such permit is in effect on the date on which the increase in emissions from th e particular change occurs. 2.46.e. The increase or decrease in actual emissions of particulate matter, sulfur dioxide, or nitrogen oxides which occurred prior to the applicable minorsource baseline date was required to be consideredand calculated in determining the amount of maximum all owable increases remaining available. With respect to particulate matter, only PM 10 emissions can be used to evaluate the net emission s increase for PM 10 ; 2.46.f. An increase in actual emissions is creditabl e only to the extent that the new level of actual emissions exceeds the old level; 2.46.g. A decrease in actual emissions is creditable only to the extent that: 2.46.g.1. The old level of actual emissions or the o ld level of allowable emissions, whichever is lower, exceeds the new level of actual emissions; 2.46.g.2. It is federally enforceable and is enforce able by the Secretary at and after the time that the actual construction on the particular change be gins;

1345CSR14

2.46.g.3. The decrease in actual emissions must have approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular chan ge; 2.46.g.4. [Reserved.] 2.46.h. An increase that results from a physical cha nge at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes op erational only after a reasonable shakedown period, not to exceed one hundred eighty (180) days. 2.46.i. Subdivision 2.1.a shall not apply for determining c reditable increases and decreases.
2.47. “PM 10 " means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method basedon Appendix J of 40 CFR Part 50 and designated in accordance with 40 CFR Part 53 or by an equivalent method designated in accordance with 40 CFR Part 53

. 2.48. “Particulate matter emissions” means all finel y divided solid or liquid material, other than uncombined water, emitted to the ambient air as mea sured by applicable reference methods, or an equiva lent or alternative method, specified in 40 CFR Part 60, Appendix B, or by a test method specified in any rule of the Secretary which has been incorporated as par t of the federally approved State Implementation Pl an. All references to particulate or particulate matterin this rule shall mean particulate matter emissio ns. 2.49. “Person” means any and all persons, natural orartificial, including the State of West Virginia o r any other state and all agencies or divisions there of, any state political subdivision, the United Sta tes of America, any municipal, public, statutory or privat e corporation or association organized or existing under the laws of this or any state or country, and any f irm, partnership, or association of whatever nature

. 2.50. “Plantwide applicability limitation (PAL)” mea ns an emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and establishe d sourcewide in accordance with subsections 25.1 through 25 .15. 2.51. “PAL effective date” generally means the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date anyemissions unit that is part of the PAL major modif ication becomes operational and begins to emit the PAL poll utant. 2.52. “PAL effective period” means the period beginn ing with the PAL effective date and ending 10 years later. 2.53. “PAL major modification” means, notwithstandin g subsections 2.40 and 2.46 (the definitions for major modification and net emissions increase), anyphysical change in or change in the method of oper ation of the PAL source that causes it to emit the PAL po llutant at a level equal to or greater than the PAL

. 2.54. “PAL permit” means the major NSR permit, the minor NSR permit, or the State operating permit under a program that is approved into the State Imp lementation Plan, or the title V permit issued by t he Secretary that establishes a PAL for a major statio nary source. 2.55. “PAL pollutant” means the pollutant for which a PAL is established at a major stationary source.

1445CSR14

2.56. [Reserved.] 2.57. “Pollution prevention” means any activity thatthrough process changes, product reformulation or redesign, or substitution of less polluting raw mat erials, eliminates or reduces the release of air po llutants (including fugitive emissions) and other pollutants to the environment prior to recycling, treatment, or disposal; it does not mean recycling (other than ce rtain “in-process recycling” practices), energy rec overy, treatment, or disposal. 2.58. “Potential to emit” means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the so urce to emit a pollutant, including air pollution control e quipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or pr ocessed, shall be treated as part of its design onl y if the limitation or the effect it would have on emissions is federally enforceable or is enforceable by the Secretary in any permit and/or consent order issued by the Un ited States Environmental Protection Agency or by the Secretary. Secondary emissions do not count in det ermining the potential to emit of a stationary sour ce. 2.59. “Predictive emissions monitoring system (PEMS) ” means all of the equipment necessary to monitor process and control device operational parameters ( for example, control device secondary voltages and electric currents) and other information (for examp le, gas flow rate, O 2 or CO 2 concentrations), and calculate and record the mass emissions rate (for example, lb /hr) on a continuous basis. 2.60. “Prevention of Significant Deterioration (PSD) program” means a major source preconstruction permit program that has been approved by the Admini strator and incorporated into the State Implementat ion Plan, or the program in 40 CFR §52.21. Any permit issued under such a program is a major new source review (NSR) permit. 2.61. [Reserved.] 2.62. “Project” means a physical change in, or chang e in the method of operation of, an existing major stationary source. 2.63. “Projected actual emissions” means the maximum annual rate, in tons per year, at which an existin g emissions unit is projected to emit a regulated NSRpollutant in any one of the 5 years (12-month peri od) following the date the unit resumes regular operati on after the project, or in any one of the 10 years following that date, if the project involves increasing the e missions unit’s design capacity or its potential to emit that regulated NSR pollutant and full utilization of the unit would result in a significant emissions incre ase or a significant net emissions increase at the major sta tionary source. 2.63.a. In determining the projected actual emission s under subsection 2.63 (before beginning actual construction), the owner or operator of the major s tationary source: 2.63.a.1. Shall consider all relevant information, i ncluding but not limited to, historical operational data, the company's own representations, the compan y's expected business activity and the company's hi ghest projections of business activity, the company's fil ings with the State or Federal regulatory authoriti es, and compliance plans under the approved State Implement ation Plan; and 2.63.a.2. Shall include fugitive emissions to the ex tent quantifiable, and emissions associated with

1545CSR14

startups, shutdowns, and malfunctions; and 2.63.a.3. Shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit’s emissions follo wing the project that an existing unit could have accommodated during the consecutive 24-month periodused to establish the baseline actual emissions un der subsection 2.8 and that are also unrelated to the p articular project, including any increased utilizat ion due to product demand growth; or 2.63.a.4. In lieu of using the method set out in par agraphs 2.63.a.1 through 2.63.a.3, may elect to use the emissions unit’s potential to emit, in tons per year, as defined under subsection 2.58. 2.64. “Reactivation of a very clean coal-fired electric utility steam generating unit” means any physic al change or change in the method of operation associa ted with the commencement of commercial operations by a coal-fired utility unit after a period of disc ontinued operation where the unit: 2.64.a. Has not been in operation for the two-year p eriod prior to the enactment of the Clean Air Act Amendments of 1990, and the emissions from suchunit continue to be carried in the Secretary’s emissions inventory at the time of enactment; 2.64.b. Was equipped prior to shutdown with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide of no less than eighty-five (85) percent and a removal efficie ncy for particulates of no less than ninety-eight (98) perc ent; 2.64.c. Is equipped with low-NO Xburners prior to the time of commencement of opera tions following reactivation; and 2.64.d. Is otherwise in compliance with the requirements of the CAA. 2.65. [Reserved.] 2.66. “Regulated NSR pollutant” means the following: 2.66.a. Any pollutant for which a National Ambient A ir Quality Standard has been promulgated and any pollutant identified under this subdivision as a constituent or precursor to such pollutant. Prec ursors identified by the Administrator for purposes of NSRare the following: 2.66.a.1. Volatile organic compounds and nitrogen ox ides are precursors to ozone in all attainment and unclassifiable areas. 2.66.a.2. Sulfur dioxide is a precursor to PM 2.5 in all attainment and unclassifiable areas. 2.66.a.3. Nitrogen oxides are presumed to be precurs ors to PM 2.5 in all attainment and unclassifiable areas, unless the Secretary demonstr ates to the Administrator’s satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area’s ambient PM 2.5 concentrations. 2.66.a.4. Volatile organic compounds are presumed no t to be precursors to PM 2.5 in any attainment

1645CSR14

or unclassifiable area, unless the Secretary demons trates to the Administrator’s satisfaction or EPA demonstrates that emissions of volatile organic com pounds from sources in a specific area are a signif icant contributor to that area’s ambient PM 2.5 concentrations. 2.66.b. Any pollutant that is subject to any standar d promulgated under §111 of the CAA; 2.66.c. Any Class I or II substance subject to a sta ndard promulgated under or established by title VI of the CAA; 2.66.d. Any pollutant that otherwise is subject to r egulation under the CAA as defined in subsection 2.80. 2.66.e. Notwithstanding subdivisions 2.66.a through 2.66.d, the term regulated NSR pollutant shall not include any or all hazardous air pollutants either listed in §112 of the CAA, or added to the listpursuant to §112(b)(2) of the CAA, and which have not been d elisted pursuant to §112(b)(3) of the CAA, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under §108 of the CAA. 2.66.f. [Reserved.] 2.67. “Relocate” or “Relocation” means the physical movement of a source outside of its existing plant boundaries. 2.68. “Replacement unit” means an emissions unit forwhich all the criteria listed in subdivisions 2.68 .a through 2.68.d are met. No creditable emission red uctions shall be generated from shutting down the e xisting emissions unit that is replaced. 2.68.a. The emissions unit is a reconstructed unit w ithin the meaning of 40 CFR §60.15(b)(1), or the emissions unit completely takes the place of an existing emissions unit; 2.68.b. The emissions unit is identical to or functi onally equivalent to the replaced emissions unit; 2.68.c. The replacement does not change the basic de sign parameter(s) of the process unit; and 2.68.d. The replaced emissions unit is permanently r emoved from the major stationary source, otherwise permanently disabled, or permanently barr ed from operation by a permit that is enforceable a s a practical matter. If the replaced emissions unit i s brought back into operation, it shall constitute a new emissions unit. 2.69. “Repowering” means replacement of an existing coal-fired boiler with one of the following clean coal technologies: atmospheric or pressurized fluid ized bed combustion, integrated gasification combin ed cycle, magnetohydrodynamics, direct and indirect co al-fired turbines, integrated gasification fuel cel ls, or as determined by the Administrator, in consultation with the Secretary of Energy, a derivative of one or more of these technologies, and any other technology cap able of controlling multiple combustion emissions simultaneously with improved boiler or generation e fficiency and with significantly greater waste redu ction relative to the performance of technology in widesp read commercial use as of November 15, 1990.

1745CSR14

2.69.a. Repowering shall also include any oil and/orgas-fired unit which has been awarded clean coal technology demonstration funding as of January1, 1991, by the Department of Energy. 2.69.b. The Secretary shall give expedited considera tion to permit applications for any source that satisfies the requirements of this subsection 2.69 and is granted an extension under §409 of the CAA. 2.70. [Reserved.] 2.71. “Representative actual annual emissions” means the average rate, in tons per year, at which the source is projected to emit a pollutant for the two -year period after a physical change or change in the method of operation of a unit, (or a different consecutive two-year period within ten (10) years after that c hange, where the Secretary determines that such period is more representative of normal source operations), considering the effect any such change will have on increasing or decreasing the hourly emissions rate and on projected capacity utilization. In projecting f uture emissions the Secretary shall: 2.71.a. Consider all relevant information, including but not limited to, historical operational data, the company's own representations, filings with the State or Federal regulatory authorities, and compl iance plans under Title IV of the CAA; and 2.71.b. Exclude, in calculating any increase in emis sions that results from the particular physical change or change in the method of operation at an e lectric utility steam generating unit, that portion of the unit's emissions following the change that could ha ve been accommodated during the representative base line period and is attributable to an increase in projec ted capacity utilization at the unit that is unrela ted to the particular change, including any increased utilizat ion due to the rate of electricity demand growth fo r the utility system as a whole. 2.72. “Secondary emissions” means emissions which wo uld occur as a result of the construction or operation of a major stationary source or major mod ification, but do not come from the major stationar y source or major modification itself. For the purpo se of this rule, secondary emissions must be specif ic, well defined, quantifiable, and impact the same general area as the stationary source or modification whichcauses the secondary emissions. Secondary emissions inclu de, but are not limited to emissions from any off-s ite support facility which would not otherwise be constructed or increase its emissions except as a resultof the construction or operation of the major stationary s ource or major modification. Secondary emissions d o not include any emissions which come directly from a mo bile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel. 2.73. “Secretary” means the Secretary of the Department of Environmental Protection as defined in W. Va. Code §§22-1-6 or 22-1-8. 2.74. “Significant” means: 2.74.a. In reference to a net emission increase or the potential of a source to emit any of the following pollutants, a rate of emissions that woul d equal or exceed any of the following rates:

Pollutant and Pollutant Emission Rate

(tons per year)

1845CSR14

Carbon monoxide: 100 tpy Nitrogen oxides: 40 tpy Sulfur dioxide: 40 tpy Particulate matter: 25 tpy PM 10 : 15 tpy PM 2.5 : 10 tpy of direct PM 2.5 emissions PM 2.5 : 40 tpy of SO 2 emissions PM 2.5 : 40 tpy of NO Xemissions (unless demonstrated not to be a PM 2.5 precursor under subsection 2.66). Ozone: 40 tpy of VOC or NO X Lead: 0.6 tpy Fluorides: 3 tpy Sulfuric acid mist: 7 tpy Hydrogen sulfide (H 2 S): 10 tpy Total reduced sulfur: 10 tpy (including H 2 S) Reduced sulfur compounds (including H 2 S): 10 tpy
Municipal waste combustor organics (as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans): 3.5x10 -6 tpy Municipal waste combustor metals (as particulate ma tter): 15 tpy Municipal waste combustor acid gases (as the sum of SO 2 and HCl): 40 tpy Municipal solid waste landfill emissions (as nonmethane organic compounds): 50 tpy

2.74.b. In reference to a net emissions increase or the potential of a source to emit a regulated NSR pollutant that is not listed in subdivision 2.74.a, any emissions rate; and 2.74.c. Notwithstanding subdivision 2.74.a, any emis sions rate or any net emissions increase associated with a major stationary source or major modification, which would construct within ten (10) kilometers of any Class I area, and have an impact on such area equal to or greater than 1 μ g/m 3 (twenty-four

1945CSR14

(24) hour average). 2.75. “Significant emissions increase” means, for a regulated NSR pollutant, an increase in emissions that is significant (as defined in subsection 2.74) for that pollutant. 2.76. “Significant emissions unit” means an emission s unit that emits or has the potential to emit a PA L pollutant in an amount that is equal to or greater than the significant level (as defined in subsectio n 2.74 or in the CAA, whichever is lower) for that PAL pollut ant, but less than the amount that would qualify th e unit as a major emissions unit as defined in subsection 2.39. 2.77. “Significant impact” means an increase in the ambient air concentration for a particular pollutan t as follows: Averaging time (hours) Annual 24 8 3 1 Ambient Air Concentration Increase ( μ g/m 3 ) SO 2 1.0 5.0 25.0 PM 10 1.0 5.0 NO 2 1.0 Ambient Air Concentration Increase (mg/m 3 ) CO 0.5 2.0

2.78. “Small emissions unit” means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant le vel for that PAL pollutant, as defined in subsectio n 2.74 or in the CAA, whichever is lower. 2.79. “Source” or “Stationary source” means, for thepurpose of this rule, any building, structure, fac ility, or installation which emits or may emit a regulatedNSR pollutant. 2.80. “Subject to regulation” means, for any air pol lutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-app licable regulation codified by the Administrator un der Title 40, Chapter I, Subchapter C of the Code of Federal Regulations, that requires actual control of the qu antity of emissions of that pollutant, and that such a con trol requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of thatpollutant released from the regulated activity. E xcept that: 2.80.a. Greenhouse gases (GHGs), the air pollutant d efined in 40 CFR §86.1818–12(a) as the aggregate group of six greenhouse gases: carbon dio xide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall no t be subject to regulation except as provided in subdivisions 2.80.d and 2.80.e. 2.80.b. For purposes of subdivisions 2.80.c through 2.80.e, the term tpy CO 2 equivalent emissions (CO 2 e) shall represent an amount of GHGs emitted, and s hall be computed as follows:

2045CSR14

2.80.b.1. Multiplying the mass amount of emissions ( tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas’s associated global warming potential published at Table A-1 to SubpartA of 40 CFR Part 98 - Global Warming Potentials. 2.80.b.2. Sum the resultant value from paragraph 2.8 0.b.1 for each gas to compute a tpy CO 2 e. 2.80.c. The term emissions increase as used in subdi visions 2.80.d and 2.80.e shall mean that both a significant emissions increase (as calculated usi ng the procedures in subsection 3.4) and a signific ant net emissions increase (as defined in subsections 2.46 and 2.74) occur. For the pollutant GHGs, an emissi ons increase shall be based on tpy CO 2 e, and shall be calculated assuming the pollutant G HGs is a regulated NSR pollutant, and “significant” is defined as 75,000 tpy CO 2 e instead of applying the value in subdivision 2.74 .b. 2.80.d. Beginning January 2, 2011, the pollutant GHG s is subject to regulation if: 2.80.d.1. The stationary source is a new major stati onary source for a regulated NSR pollutant that is not GHGs, and also will emit or will have the po tential to emit 75,000 tpy CO 2 e or more; or 2.80.d.2. The stationary source is an existing majorstationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions i ncrease of a regulated NSR pollutant, and an emissi ons increase of 75,000 tpy CO 2 e or more; and, 2.80.e. Beginning July 1, 2011, in addition to the p rovisions in subdivision 2.80.d, the pollutant GHGs shall also be subject to regulation: 2.80.e.1. At a new stationary source that will emit or have the potential to emit 100,000 tpy CO 2 e; or 2.80.e.2. At an existing stationary source that emit s or has the potential to emit 100,000 tpy CO 2 e, when such stationary source undertakes a physical c hange or change in the method of operation that wil l result in an emissions increase of 75,000 tpy CO 2 e or more. 2.80.f. Notwithstanding subdivisions 2.80.d. and 2.8 0.e., and subject to the public notice requirements set forth in subdivision 2.80.g., the preconstruction permit requirements of this rule sh all not apply to a source’s GHG emissions if any of the fol lowing actions result in GHGs not being subject to regulation under the otherwise applicable federal p revention of significant deterioration requirements set forth in 40 CFR §51.166: 2.80.f.1. A US EPA final rule; 2.80.f.2. An act of the United States Congress; 2.80.f.3. A Presidential Executive Order; 2.80.f.4. A final order of the District of Columbia Circuit Court of Appeals, if the specified time for appealing the order has lapsed and no appeals, petitions seeking clarification or rehearing, or other petitions regarding the order have been filed, or, if any appeals or petitions are filed, the resoluti on of any and all appeals and petitions regarding the final o rder are complete and have upheld the relevant

2145CSR14

determination(s). Moreover, a stay shall also crea te an exemption during the effective length of the stay. These two specific exemptions shall become effectiv e only if US EPA does not object in writing by the end of the notice period set forth in subdivision 2.80. g.; or 2.80.f.5. An order of the United States Supreme Cour t. 2.80.g. The exemption set forth in subdivision 2.80. f. shall become effective after the Secretary provides a thirty day notice of such exemption to U S EPA and the public. Such notice shall be publishe d in the West Virginia Register and explain the circumst ances justifying the exemption. 2.81. “TSP” or “Total suspended particulate matter” means particulate matter as measured by the methods described in Appendix B of 40 CFR Part 50. 2.82. “Temporary clean coal technology demonstration project” means a clean coal technology demonstration project that is operated for a periodof five (5) years or less, and which complies withthe State Implementation Plan and other requirements necessar y to attain and maintain the National Ambient Air Quality Standards during and after the project is t erminated. 2.83. [Reserved.] 2.84. “US EPA” means the United States Environmental Protection Agency. 2.85. “Volatile organic compounds (VOC)” is as defin ed in 40 CFR §51.100(s). §45-14-3. Applicability. 3.1. The requirements of this rule apply to the cons truction of any new major stationary source (as defined in subsection 2.43) or any proposed projectat an existing major stationary source in an area designated as attainment or unclassifiable under §§ 107(d)(1)(A)(ii) or (iii) of the CAA. 3.2. The requirements of sections 7 through 13 and s ections 17 through 19 apply to the construction of any new major stationary source or the major mod ification of any existing major stationary source, except as this rule otherwise provides. 3.3. No new major stationary source or major modific ation to which the requirements of sections 7 through 13 and sections 17 through subsection 19.7 apply shall begin actual construction without a per mit issued by the Secretary that states that the major stationary source or major modification will meet those requirements. 3.4. Determination of major modification. -- The det ermination as to whether a proposed project is a major modification for a regulated NSR pollutant sh all be determined in accordance with the specific provisions set forth in subdivisions 3.4.a through 3.4.f. 3.4.a. Except as otherwise provided in subsections 3 .5 and 3.6, and consistent with the definition of major modification contained in subsection 2.40, a project is a major modification for a regulated NSR pollutant if it causes two types of emissions incre ases -- a significant emissions increase (as define d in subsection 2.75), and a significant net emissions i ncrease (as defined in subsections 2.46 and 2.74). The

2245CSR14

proposed project is not a major modification if it does not cause a significant emissions increase. I f the proposed project causes a significant emissions inc rease, then the project is a major modification onl y if it also results in a significant net emissions increas e. 3.4.b. The procedure for calculating (before beginni ng actual construction) whether a significant emissions increase (i.e., the first step of the pro cess) will occur depends upon the type of emissions units being modified, according to subdivisions 3.4.c thr ough 3.4.f. The procedure for calculating (before beginning actual construction) whether a significan t net emissions increase will occur at the major st ationary source (i.e., the second step of the process) is co ntained in the definition in subsection 2.46. Regardless of any such preconstruction projections, a major modif ication results if the project causes a significant emissions increase and a significant net emissions increase. 3.4.c. Actual-to-projected-actual applicability testfor projects that only involve existing emissions units. -- A significant emissions increase of a reg ulated NSR pollutant is projected to occur if the s um of the difference between the projected actual emissions ( as defined in subsection 2.63) and the baseline actual emissions (as defined in subdivisions 2.8.a and 2.8 .b), for each existing emissions unit, equals or ex ceeds the significant amount for that pollutant (as defin ed in subsection 2.74). 3.4.d. Actual-to-potential test for projects that on ly involve construction of a new emissions unit(s). -- A significant emissions increase of a regulated NSRpollutant is projected to occur if the sum of the difference between the potential to emit (as define d in subsection 2.58) from each new emissions unit following completion of the project and the baselin e actual emissions (as defined in subdivision 2.8.c ) of these units before the project equals or exceeds th e significant amount for that pollutant (as definedin subsection 2.74). 3.4.e. [Reserved] 3.4.f. Hybrid test for projects that involve multipl e types of emissions units. -- A significant emissi ons increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in subdi visions 3.4.c through 3.4.d as applicable with resp ect to each emissions unit, for each type of emissions uni t equals or exceeds the significant amount for that pollutant (as defined in subsection 2.74). 3.5. For any major stationary source subject to a PA L for a regulated NSR pollutant, the major stationary source shall comply with the requirement s set forth in section 25. §45-14-4. Ambient Air Quality Increments and Ceiling s. 4.1. No increases in pollutant concentrations over the baseline concentrations are allowed in excess of those listed below:

Maximum Allowable Pollutant Concentration Increase over Baseline Concentration ( μ g/m 3 ) Class I Areas

2345CSR14

Particulate matter: PM 2.5 , Annual arithmetic mean 1 PM 2.5 , 24-hour maximum 2 PM 10 , Annual geometric arithmetic mean 4 PM 10 , 24-hour maximum 8 Sulfur dioxide: Annual arithmetic mean 2 24-hour maximum 5 3-hour maximum 25 Nitrogen dioxide: Annual arithmetic mean 2.5 Class II Areas Particulate matter: PM 2.5 , Annual arithmetic mean 4 PM 2.5 , 24-hour maximum 9 PM 10 , Annual geometric arithmetic mean 17 PM 10 , 24-hour maximum 30 Sulfur dioxide: Annual arithmetic mean 20 24-hour maximum 91 3-hour maximum 512 Nitrogen dioxide: Annual arithmetic mean 25 Class III Particulate matter: PM 2.5 , Annual arithmetic mean 8 PM 2.5 , 24-hour maximum 18 PM 10 , Annual geometric arithmetic mean 34 PM 10 , 24-hour maximum 60 Sulfur dioxide: Annual arithmetic mean 40 24-hour maximum 182 3-hour maximum 700 Nitrogen dioxide: Annual arithmetic mean 50 4.2. For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one (1) such period per year at any one location. 4.3. No pollutant concentration shall exceed any pri mary or secondaryair quality standard promulgated:

2445CSR14

4.3.a. by the Secretary; or 4.3.b. by the US EPA. §45-14-5. Area Classification. 5.1. Dolly Sods Wilderness Area and Otter Creek Wild erness Area are designated as Class I Areas; 5.2. The Spruce Knob-Seneca Rocks National Recreatio nal Area, the Cranberry National Wilderness, and the New River Gorge National Scenic River are d esignated as Class II Areas; and 5.3. The remainder of the State of West Virginia is designated as a Class II Area. §45-14-6. Prohibition of Dispersion Enhancement Tech niques. 6.1. The use of stack heights which exceed good engi neering practice or any dispersion techniques to reduce the concentration of any air pollutant and thereby, affect the degree of emission limitation re quired is prohibited unless a stack existed or dispersion technique was implemented before December 31, 1970. §45-14-7. Registration, Reporting and Permit Require ments for Major Stationary Sources and Major Modifications. 7.1. No person shall cause, suffer, allow, or permitthe construction or relocation of any major stationary source or a major modification to be commenced after the effective date of this rule in any area designated as attainment or unclassifiable under §1 07 of the CAA, without notifying the Secretary of s uch intent and obtaining prior to beginning actual cons truction, or modification (as defined by subsection 2.10) a permit(s) to so construct, modify, or relocate th e major stationary source or major modification as herein provided. If the area in which such source would b e constructed or the area in which such modificatio n would occur is designated as nonattainment under §1 07 of the CAA, as amended, for any pollutant which the source or modification would emit in significan t amounts (as defined by subsection 45CSR19-2.65), the source or modification shall meet all requirements of 45CSR19 for that pollutant and shall not be subj ect to the requirements of this rule for that pollutant. 7.2. The owner or operator of the source shall file with the Secretary a timely and complete permit application containing sufficient information as, i n the judgment of the Secretary, will enable the Se cretary to determine whether such source construction, modi fication, or relocation will be in conformance withthe provisions of any rules promulgated by the Secretar y in general and with the requirements of this rule . Such information may include, but not be limited to: 7.2.a. A description of the nature, location, design capacity, and typical operating schedule of the source or modification, including specifications an d drawings showing its design and plant layout; 7.2.b. A detailed schedule for construction of the s ource or modification; 7.2.c. A detailed description as to what system of c ontinuous emission reduction is planned by the source or modification, emission estimates, and any other information as necessary to determine that b est available control technology as applicable would be applied;

2545CSR14

7.2.d. The air quality impact of the source or modif ication, including meteorological and topographical data necessary to estimate such impact; and 7.2.e. The air quality impacts and the nature and ex tent of any or all general commercial, residential, industrial, and other growth which has occurred sin ce August 7, 1977, in the area the source or modifi cation would affect. 7.3. Each permit application shall be signed by the owner or operator of the major stationary source or major modification, and such signature shall consti tute an agreement that the applicant will assume responsibility for the construction, modification, or relocation, and operation of the major stationar y source or major modification in accordance with applicable rules of the Secretary, the permit application, an d any permit issued pursuant to this rule. 7.4. Within thirty (30) days of the receipt of a per mit application for construction or relocation of a major stationary source or for a major modification , the Secretary shall determine if the application is complete or if there exists any deficiency in the application or information submitted, and shall noti fy the applicant of all such deficiencies, if any. In the event of such a deficiency, the date of receipt of the application shall be the date on which the Secretar y received all required information. 7.5. Within six (6) months of the receipt of a compl ete permit application for construction or relocati on of a major stationary source or for a major modific ation, the Secretary shall issue such a permit unle ss the Secretary determines that the proposed major statio nary source or major modification has not satisfiedthe requirements of this rule, will violate applicable emission standards, will interfere with the attainment or maintenance of applicable ambient air quality stand ards, or will be inconsistent with the intent and p urpose of this rule, in which case the Secretary shall iss ue an order for the prevention of such construction , modification, or relocation. 7.6. If the Secretary denies a permit application fo r the proposed construction or relocation of any ma jor stationary source or major modification, the order shall set forth the Secretary’s reasons with reason able specificity. 7.7. The Secretary may impose any reasonable conditi ons as part of a granted construction, modification, or relocation permit. Such condition s may include, but not be limited to, the submissio n of periodic progress or operation reports, the provisi ons of a suitable sampling site, the installation o f pollutant monitoring devices, and the operation and maintenan ce of ambient air quality monitoring stations. §45-14-8. Control Technology Requirements. 8.1. Any person proposing to construct or relocate amajor stationary source or major modification shal l meet each applicable emissions limitation promulgat ed by the Secretary and any applicable emissions standard or standard of performance under 40 CFR Parts 60, 61 and 63. 8.2. Any person proposing to construct a new major s tationary source shall apply best available control technology for each regulated NSR pollutant that itwould have the potential to emit in significant am ounts. 8.3. Any person proposing a major modification of a stationary source shall apply best available contro l technology for each regulated NSR pollutant for whi ch such proposed major modification would cause a

2645CSR14

significant net emissions increase from such source . This requirement applies to each proposed emissi ons unit at which a net emissions increase in the pollu tant would occur as a result of a physical change o r change in the method of operation in the unit. 8.4. For any proposed construction of a major statio nary source or major modification which is a phased construction project, the determination of best ava ilable control technology shall be reviewed and mod ified as appropriate at the last reasonable time which oc curs no later than eighteen (18) months prior to commencement of construction of each independent ph ase of the project. At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy of any previo us determination of best available control technology for the source. §45-14-9. Requirements Relating to the Source’s Impa ct on Air Quality. 9.1. Required Demonstration. -- Any person proposing to construct or relocate a maj or stationary source or to make a major modification shall demonstrate that allowable emission increases from the proposed source or modification, in conjunction with all oth er applicable emission increases or reductions (inc luding secondary emissions) would not cause or contribute to air pollution in violation of: 9.1.a. Any National or West VirginiaAmbient Air Quality Standard in any air quality co ntrol region ; or 9.1.b. Any applicable maximum allowable increase ove r the baseline concentration in any area. 9.2. A major source or major modification will be co nsidered to cause or contribute to a violation of a National Ambient Air Quality Standards when the a mbient impact of the emissions from such source or modification would, at a minimum, exceed the signif icant impact levels defined in subsection 2.63. Significant Impact Levels. -- For purposes of PM 2.5 , the demonstration required in subsection 9.1 is d eemed to have been made if the emissions increase from th e new stationary source alone or from the modificat ion alone would cause, in all areas, air quality impact s less than the following amounts:

Pollutant Averaging Time Class I Area Class II Area Class III Area

PM 2.5 Annual 0.06 μ g/m 3 0.3 μ g/m 3 0.3 μ g/m 3

24-hour 0.07 μ g/m 3 1.2 μ g/m 3 1.2 μ g/m 3 §45-14-10. Modeling Requirements. 10.1. All estimates of ambient concentrations requir ed under section 9 shall be based on the applicable air quality models, data bases, and other requireme nts specified in the Appendix W of 40 CFR Part 51 (Guideline on Air Quality Models). 10.2. Where an air quality impact model specified in Appendix W of 40 CFR Part 51 (Guideline on Air Quality Models) is inappropriate, the model may be modified or another model substituted, provided tha t said modification or substitution is approved in writing by the Administrator. §45-14-11. Air Quality Monitoring Requirements.

2745CSR14

11.1. Any person proposing to construct or relocate a major stationary source shall provide an analysis of the ambient air quality in the area that the maj or stationary source would affect for each pollutan t that it would have the potential to emit in a significant a mount. 11.2. Any person proposing to make a major modificat ion to a stationary source shall provide an analysi s of the ambient air quality in the area that the maj or modification would affect for each pollutant forwhich it would result in a significant net emissions incr ease. 11.3. For those pollutants for which no National or West Virginia Ambient Air Quality Standard exists, the analysis shall contain such air quality monitor ing data as the Secretary determines is necessary t o assess ambient air quality for that pollutant in any area that the emissions of that pollutant would affect. 11.4. For those pollutants (other than non-methane h ydrocarbons) for which such an ambient air quality standard does exist, the analysis shall contain con tinuous air quality monitoring data gathered for pu rposes of determining whether emissions of that pollutant would cause or contribute to a violation of the sta ndard or any maximum allowable increase. 11.5. All ambient air quality monitoring data that i s required shall have been gathered over a period o f one (1) year and shall represent the year preceding receipt of the application, except that, if the Se cretary determines that a complete and adequate analysis ca n be accomplished with monitoring data gathered ove r a period shorter than one (1) year (but not to be l ess than four (4) months), the data that is require d shall have been gathered over at least that shorter period. 11.6. Any person proposing to construct or relocate a major stationary source or make a major modification shall, after construction of the stati onary source or modification, conduct such ambient monitoring as the Secretary determines is necessaryto determine the effect emissions from the station ary source or modification may have, or are having, on air quality in any area. 11.7. Operation of monitoring stations required by s ection 11 shall meet the requirements of Appendix B of 40 CFR Part 58 during the operation of the mon itoring stations. §45-14-12. Additional Impact Analysis Requirements. 12.1. Any person proposing to construct or relocate a major stationary source or make a major modification shall provide: 12.1.a. An analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the source or modification and general commercia l, residential, industrial, and other growth associ ated with the source or modification. The owner or oper ator need not provide an analysis of the impact on vegetation having no significant commercial or recr eational value; and 12.1.b. An analysis of the air quality impact projec ted for the area as a result of general commercial, residential, industrial and other growth associatedwith the source or modification. §45-14-13. Additional Requirements and Variances forSources Impacting Federal Class I Areas. 13.1. Notice to EPA. -- The Secretary shall transmitto the Administrator a copy of each permit

2845CSR14

application relating to a major stationary source o r major modification impacting a Class I area and p rovide notice to the Administrator of every action relatedto the consideration of such permit. 13.2. Notice to Federal land managers. -- The Secret ary shall provide written notice of any permit application for a proposed major stationary source or major modification, the emissions from which may affect a Class I area, to the Federal land manager or the Federal official, charged with direct respon sibility for management of any lands within any such area. Such notification shall include a copy of all infor mation relevant to the permit application and shall be giv en within 30 days of receipt and at least 60 days p rior to any public hearing on the application for a permit to construct. Such notification shall include an a nalysis of the proposed source's anticipated impacts on vis ibility in the Federal Class I area. 13.3. The Secretary shall also provide the Federal l and manager or such Federal officials with a copy of the preliminary determination required under sub section 17.2, and shall make available to them any materials used in making that determination, prompt ly after the Secretary makes such determination. F inally, the Secretary shall also notify all affected Federa l land managers within 30 days of receipt of any ad vance notification of any such permit application. 13.4. Federal Land Manager. -- The Federal Land Mana ger or the Federal official, charged with direct responsibility for management of such lands has an affirmative responsibility to protect the air quali ty related values (including visibility) of such lands and to consider, in consultation with the Secretary, wheth er a proposed source or modification will have an advers e impact on such values. 13.5. The Federal Land Manager of the affected Class I area may present to the Secretary during the public review process described in section 17 a dem onstration that the emissions from the proposed maj or stationary source or major modification would have an adverse impact on the air quality-related values (including visibility) of any Federal mandatory Cla ss I lands, notwithstanding that the change in air quality resulting from emissions from such source or modifi cation would not cause or contribute to concentrati ons which would exceed the maximum allowable increases for a Class I area. If the Secretary concurs with such demonstration, the Secretary shall deny the permit to construct. 13.6. Class I variances. -- The owner or operator of a proposed source or modification may demonstrate to the Federal Land Manager that the emissions from such source or modification would have no adverse impact on the air quality related values of any suc h lands (including visibility), notwithstanding tha t the change in air quality resulting from emissions from such source or modification would cause or contrib ute to concentrations which would exceed the maximum al lowable increases for a Class I area. If the Feder al land manager concurs with such demonstration and he so certifies, the Secretary may issue the permit: Provided, That the applicable requirements of this section are otherwise met, to issue the permit withsuch emission limitations as may be necessary to assure that emissions of sulfur dioxide, particulate matte rPM 2.5 , PM 10 , and nitrogen oxides would not exceed the followin g maximum allowable increases over minor source baseline concentration for such pollutants:

Maximum Allowable Pollutant Concentration Increase over Minor Source Baseline Concentration ( μ g/m 3 )

2945CSR14

Particulate Matter: PM 2.5 , annual arithmetic mean 4 PM 2.5 , 24-hr maximum 9 PM-10 PM 10 , annual arithmetic mean 17 PM-10 PM 10 , 24-hr maximum 30 Sulfur dioxide: Annual arithmetic mean 20 24-hr maximum 91 3-hr maximum 325 Nitrogen dioxide: Annual arithmetic mean 25 13.7. An applicant for a permit pursuant to this rul e shall be allowed the Class I variances as provide d in 40 CFR §§51.166(p)(4), (5), (6), and (7) as cont ained in the Code of Federal Regulations on July 1, 1994, provided, that all requirements of said 40 CFR §§51 .166(p)(4), (5), (6), and (7) are met and written notification of variance in accordance with said se ction(s) is provided to the Secretary. §45-14-14. Procedures for Sources Employing Innovati ve Control Technology. 14.1. Any person proposing to construct or modify a major stationary source or major modification may petition the Secretary to approve a system of innov ative control technology in lieu of best available control technology. Any such proposed innovative control t echnology shall meet the following conditions: 14.1.a. The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or func tion; 14.1.b. The proposed source or modification must ach ieve a level of continuous emissions reduction equivalent to that which would have been required u nder section 8 by a date specified by the Secretary ; 14.1.c. The source or modification would meet requir ements equivalent to all requirements of this rule that a stationary source employing a system of best available control technology would be require d to meet; 14.1.d. Before the date specified in subsection 14.4 , the source or modification would:

14.1.d.1. Not cause or contribute to any violation o f an applicable National Ambient Air Quality Standard; 14.1.d.2. Not impact any area where an applicable in crement is known to be violated;

14.1.d.3. Meet all other applicable requirements inc luding those for public participation; and 14.1.e. The provisions of 40 CFR §51.166(p) (relatin g to Class I areas) have been satisfied with respect to all periods during the life of the sourc e or modification.

3045CSR14

14.2. The Secretary shall consult with the governor( s) of other state(s) and the Federal Land Manager(s ) of areas impacted by the proposed source or modific ation. 14.3. The Secretary, with the concurrence of the gov ernor(s) of other state(s) and the Federal Land Manager(s), may make a determination that the sourc e or modification would be employing innovative control technology. 14.4. The Secretary shall specify a date by which th e source or modification must meet the requirements and conditions of subsection 14.1. Such date shall not be later than four (4) years from the time of start-up or seven (7) years from permit issuance. 14.5. The Secretary shall withdraw any approval to e mploy a system of innovative control technology made under this section 14 if: 14.5.a. The proposed system fails by the specified d ate to achieve the required continuous emissions reduction rate; or 14.5.b. The proposed system fails before the specifi ed date so as to contribute to an unreasonable risk to public health, welfare, or safety; or 14.5.c. The Secretary decides at any time that the p roposed system is unlikely to achieve the required level of control or to protect the public health, welfare, or safety. 14.6. If the source or modification fails to meet th e required level of continuous emissions reduction within the specified time period, or if the approva l is withdrawn in accordance with subsection 14.5, the Secretary shall specify a date by which the source or modification shall meet the requirement for the application of best available control technology th rough use of a demonstrated system of control. Thi s date shall not exceed three (3) years from the date of the end of the specified time period or the date tha t the approval is withdrawn, whichever is earlier. §45-14-15. Exclusions From Increment Consumption. 15.1. The following concentrations shall be excludedin determining compliance with a maximum allowable increase: 15.1.a. Concentrations attributable to the increase in emissions from stationary sources which have converted from the use of petroleum products, natur al gas, or both by reason of an order in effect und er sections 2(a) and (b) of the Energy Supply and Envi ronmental Coordination Act of 1974 (or any supersed ing legislation as of the effective date of this rule) over the emissions from such sources before the eff ective date of such an order; 15.1.b. Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason of natural gas cur tailment plan in effect pursuant to the Federal Pow er Act over the emissions from such sources before the eff ective date of such plan; 15.1.c. Concentrations of particulate matter attribu table to the increase in emissions from construction or other temporary emission-related ac tivities of new or modified sources; and

3145CSR14

15.1.d. Concentrations attributable to the temporary increase in emissions of sulfur dioxide, particulate matter, or nitrogen oxides from station ary sources so long as such exclusion meets the fol lowing requirements:

15.1.d.1. The temporary emissions increase of sulfurdioxide, particulate matter or nitrogen dioxides does not exceed two (2) years in duration;

15.1.d.2. The exclusion period for the temporary emi ssions increase is not renewable; and 15.1.d.3. The exclusion allows no emissions increase s from a stationary source which would: 15.1.d.3.A. Impact a Class I area or an area where a n applicable increment is known to be violated; or 15.1.d.3.B. Cause or contribute to a violation of a National Ambient Air Quality Standard.

15.1.d.4. The exclusion requires limitations to be i n effect at the end of the exclusion period specified in paragraph 15.1.d.1, which ensures thatthe emissions levels from stationary sources wouldnot exceed those levels occurring from such sources bef ore the temporary increase. 15.2. No exclusion of such concentrations shall appl y more than five (5) years after the effective date of the order to which subdivision 15.1.a refers or the plan to which subdivision 15.1.b refers, whiche ver is applicable. If both such order and plan are applic able, no such exclusion shall apply more than five (5) years after the later of such effective dates. §45-14-16. Specific Exemptions. 16.1. A non-profit health or non-profit educational institution proposing to construct or relocate a ma jor stationary source or to make a major modification m ay petition the Secretary for an exemption from the requirements of subsections 8.2, 8.3 and 8.4 and se ctions 9, 11 and 12. 16.2. The source or modification that would be a maj or stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification and such source d oes not belong to any of the source categories list ed in Table 1 may petition the Secretary for exemption fr om the requirements of subsections 8.2, 8.3, 8.4 an d sections 9, 11 and 12. 16.3. Any person proposing to relocate a source or m odification that is a portable stationary source wh ich has previously received a permit under this rule ma y petition the Secretary for an exemption from the requirements of subsections 8.2, 8.3 and 8.4 and se ctions 9, 11 and 12. The Secretary shall grant thi s exemption if the following conditions are met: 16.3.a. The source proposes to relocate and emission s of the source at the new location would not exceed two (2) years; 16.3.b. The emissions from the source would not exce ed its allowable emissions;

3245CSR14

16.3.c. The emissions from the source would impact n o Class I area and no area where an applicable increment is known to be violated; 16.3.d. The source identifies the proposed new locat ion and the probable duration of operation at the new location; and 16.3.e. Such petition shall be submitted to the Secr etary not less than ten (10) days in advance of the proposed relocation unless a different time dur ation is previously approved by the Secretary. 16.4. Requirements equivalent to those contained in subsections 8.2, 8.3 and 8.4 and sections 9, 11 and 12 do not apply to a major stationary source or maj or modification with respect to a particular pollut ant if the owner or operator demonstrates that, as to thatpollutant, the source or modification is located i n an area designated as nonattainment under §107 of the CAA. 16.5. Any person proposing to construct or relocate a major stationary source or make a major modification may petition the Secretary for an exem ption from the requirements of sections 9 through 1 2 with respect to a particular pollutant and the Secr etary shall grant such exemption, if the allowable emissions of that pollutant from a new source, or the net emi ssions increase of that pollutant from a modificati on, would not exceed two (2) years, would not impact any Clas s I area and would not impact any area where an applicable increment is known to be violated. 16.6. Any person proposing to modify a major station ary source located in a Class II area that was in existence prior to March 1, 1978 may petition the S ecretary for an exemption from the requirements of sections 9, 11 and 12 as they relate to any maximum allowable increase for a Class II area. The Secre tary shall grant such exemption if the net increase in a llowable emissions of each regulated NSR pollutant from the modification after the application of best avai lable control technology would be less than fifty ( 50) tons per year. 16.7. Any person proposing to construct or relocate a major stationary source or make a major modification may petition the Secretary for an exem ption from the requirements of section 11 with resp ect to a particular pollutant if: 16.7.a. The applicant demonstrates that the emission s increase of the pollutant from a new stationary source or the net emissions increase of the polluta nt from a modification would cause, in any area, an air quality impact less than the amounts listed in Tabl e 2; or 16.7.b. The applicant demonstrates that the concentr ations of the pollutant in the area that the source or modification would affect are less than the conc entrations listed in Table 2; or 16.7.c. The applicant’s request is for any pollutantwhich is not listed in Table 2. Table 2 - De Minimis Air Quality Impacts

Pollutant Concentration ( μ g/m 3 ) Averaging Time

Carbon Monoxide 575 8-hour

3345CSR14

Nitrogen Dioxide 14 annual PM 2.5 4 24-hour PM 10 10 24-hour Sulfur Dioxide 13 24-hour Ozone 1 None NA Lead 0.1 3-month Fluorides 0.25 24-hour Hydrogen Sulfide 0.2 1-hour Total Reduced Sulfur 10 1-hour Reduced Sulfur Compounds 10 1-hour

1 No de minimis air quality level is provided for oz one. However, any net emissions increase of 100 to ns per year or more of volatile organic compounds or nitrogen oxides subject to PSD would b e required to perform an ambient impact analysis, i ncluding the gathering of air quality data. 16.8. The permitting requirements contained in subdi vision 9.1.b do not apply to a stationary source or modification with respect to any maximum allowable increase for nitrogen oxides if the owner or operat or of the source or modification submitted an applicat ion for a permit to the Secretary before the provis ions embodying the maximum allowable increase took effec t as part of the plan and the Secretary subsequentl y determines that the application as submitted before that date was complete. 16.9. The permitting requirements contained in subdi vision 9.1.b shall not apply to a stationary source or modification with respect to any maximum allowab le increase for PM 10 if: 16.9.a. The owner or operator of the source or modif ication submitted an application for a permit to the Secretary before the provisions embodying th e maximum allowable increases for PM 10 took effect as part of the plan, and 16.9.b. The Secretary subsequently determines that the application as submitted before that date was complete. Instead, the applicable requirements of subdivision 9.1.b shall apply with respect to the m aximum allowable increases for TSP as in effect on the dat e the application was submitted. §45-14-17. Public Review Procedures. 17.1. At the time that an application for a construc tion, modification or relocation permit is filed, the applicant shall place a Class I legal advertisementin a newspaper of general circulation in the area where the source will be located. No permit shall be iss ued to any applicant until at least thirty (30) day s notice has been provided to the public. The advertisementshall contain at a minimum, the name of the applic ant, the type and location of the source, the type and a mount of air pollutants proposed to be discharged, the nature of the permit being sought, the proposed start-up date for the source and a contact telephone n umber for more information.

3445CSR14

17.2. After finishing the review of a complete appli cation, the Secretary shall make a preliminary determination whether a permit should be approved, approved with conditions, or disapproved. 17.3. The Secretary shall make available in at leastone location in the region in which the proposed source would be constructed a copy of all materials the applicant submitted (excluding data entitled t o protection as confidential information under 45CSR3 1), a copy of the preliminary determination, and a copy or summary of other materials, if any, considered i n making the preliminary determination. 17.4. The Secretary shall place a Class I legal adve rtisement in a paper of general circulation in the area where the proposed source would be constructed, mod ified, or relocated. The advertisement shall conta in, as a minimum, the name of the applicant, the type a nd location of the source, the proposed start-up da te, the preliminary determination, the degree of increment consumption that is expected from the source or modification, notification of the opportunity for w ritten public comment, provisions for requesting a public meeting, details concerning the time and place of s uch a meeting if one is scheduled, and notification of the opportunity for comment at a public meeting if suchmeeting is to be conducted. A public comment peri od of thirty (30) days shall be provided and so statedin the advertisement. 17.5. The Secretary shall send a copy of the adverti sement to the applicant, to the Administrator, and to officials and agencies having cognizance over the l ocation where the proposed construction would occuras follows: any other State or local air pollution con trol agencies, the chief executives of the city andcounty where the source would be located; any comprehensiv e regional land use planning agency, any State, and any Federal Land Manager, whose lands may be affect ed by emissions from the source or modification. 17.6. The Secretary shall consider public comments s ubmitted within thirty (30) days after the Secretary’s public notification of an opportunity f or comment upon a proposed construction or relocati on of a major stationary source or major modification, and comments submitted within a specified period n ot to exceed fifteen (15) days after any public meetin g to receive comment on such proposed construction, modification, or relocation before making a final d ecision on the approvability of the application. T he Secretary shall make copies of all comments availab le for public inspection in the same locations wher e the Secretary made available preconstruction informatio n relating to the proposed source or modification. 17.7. The Secretary shall make a final determination whether construction should be approved, approved with conditions, or disapproved. 17.8. The Secretary shall notify the applicant in wr iting of the final determination and make a copy of such notification available for public inspection a t the same location where the Secretary made available preconstruction information and public comments rel ating to the proposed source or modification. §45-14-18. Public Meetings. 18.1. Public meetings to receive comments on permit applications shall be held when the Secretary deems it appropriate or when substantial interest i s expressed, in writing, by persons who might reaso nably be expected to be affected by the proposed major so urce or major modification. 18.2. The Secretary or the Secretary’s designee shal l preside over such meetings and ensure that all interested parties have ample opportunity to presen t comments. Such meetings shall be held at a conve nient place as near as practicable to the location of the proposed major source or major modification.

3545CSR14

18.3. At a reasonable time prior to such meetings, the Secretary shall provide appropriate information to news media in the area where the proposed source or modification is to be located. §45-14-19. Permit Transfer, Cancellation and Respons ibility. 19.1. A permittee may petition the Secretary for a transfer of a permit previously issued in accordance with this rule. The Secretary shall approve such p ermit transfer provided the following conditions ar e met: 19.1.a. The permittee, in the petition, describes th e reasons for the requested permit transfer and certifies that the subject source is in compliance with all the provisions and requirements of its per mit, and 19.1.b. The transferee provides written acknowledgme nt that it accepts and will comply with all the requirements, terms, and conditions as contained in the subject permit. 19.2. The Secretary shall suspend or revoke a permitif, after eighteen (18) months from the date of issuance the holder of the permit cannot provide th e Secretary, at the Secretary’s request, with writt en proof of a good faith effort that such construction, modi fication, or relocation has commenced and remains ongoing. Such proof shall be provided not later th an thirty (30) days after the Secretary’s request. 19.3. The Secretary may suspend, modify, or revoke the permit if the plans and specifications upon which the approval was based or the conditions established in the permit are not adhered to. Upon not ice of the Secretary’s intent to suspend, modify or rev oke a permit, the permittee may request a conferenc e with the Secretary in accordance with the provisions of W.Va. Code §22-5-5 to show cause why the permit sho uld not be suspended, modified or revoked. 19.4. Any owner or operator who constructs, modifies or relocates any stationary source not in accordance with the application submitted pursuant to this rule or with the terms of any permit to con struct, modify or relocate, or any owner or operator of a s ource subject to this rule who commences constructi on after the effective date of this rule without apply ing for and receiving approval hereunder, shall be subject to appropriate enforcement action. 19.5. Possession of a permit does not relieve any pe rson of the responsibility of complying with any an d all rules of the Secretary or W.Va. Code § 22-1-1 e t seq. 19.6. [Reserved.] 19.7. Any person who owns or operates any particularsource or modification which becomes a major stationary source or major modification solely by v irtue of a relaxation in any limitation, enforceabl e by the Administrator or the Secretary, on the capacity of the source or modification otherwise to emit a poll utant (such as a restriction on hours of operation), shal l become subject to the requirements of this rule a s though construction had not yet commenced on the source ormodification. 19.8. Except as otherwise provided in subdivision 19 .8.f, the following specific provisions apply with respect to any regulated NSR pollutant emitted from projects at existing emissions units at a major st ationary source (other than projects at a source with a PAL) in circumstances where there is a reasonable possi bility, within the meaning of subdivision 19.8.f, that a pr oject that is not a part of a major modification ma y result in a significant emissions increase of such polluta nt, and the owner or operator elects to use the method

3645CSR14

specified in paragraphs 2.63.a.1 through 2.63.a.3 f or calculating projected actual emissions. 19.8.a. Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information:

19.8.a.1. A description of the proposed project; 19.8.a.2. Identification of the emissions unit(s) wh ose emissions of a regulated NSR pollutant could be affected by the proposed project; and

19.8.a.3. A description of the applicability test us ed to determine that the proposed project is not a major modification for any regulated NSR pollutan t, including the baseline actual emissions, the pro jected actual emissions, the amount of emissions excluded under paragraph 2.63.a.2 and an explanation for why such amount was excluded, and any netting calculati ons, if applicable. 19.8.b. If the emissions unit is an existing electri c utility steam generating unit, before beginning actual construction, the owner or operator shall pr ovide a copy of the information required under subd ivision 19.8.a to the Secretary. Nothing in subdivision 19 .8.b shall be construed to require the owner or ope rator of such a unit to obtain any determination from the Secretary before beginning actual construction. 19.8.c. The owner or operator shall monitor the emis sions of any regulated NSR pollutant that could increase as a result of the project and that is emi tted by any emissions unit identified in paragraph 19.8.a.1. The owner or operator shall calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of 5 years follow ing resumption of regular operations after the chan ge, or for a period of 10 years following resumption of re gular operations after the change if the project in creases the design capacity of or potential to emit that re gulated NSR pollutant at such emissions unit. 19.8.d. If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the Secretary within 60 days aft er the end of each year during which records must b e generated under subdivision 19.8.c setting out the unit’s annual emissions during the calendar year th at preceded submission of the report. 19.8.e. If the unit is an existing unit other than a n electric utility steam generating unit, the owner or operator shall submit a report to the Secretary if the annual emissions, in tons per year, from the project identified in subdivision 19.8.a, exceed the baseli ne actual emissions (as documented and maintained pursuant to paragraph 19.8.a.3), by a significant a mount (as defined in subsection 2.74) for that regu lated NSR pollutant, and if such emissions differ from th e preconstruction projection as documented and maintained pursuant to paragraph 19.8.a.3. Such re port shall be submitted to the Secretary within 60 days after the end of such year. The report shall conta in the following:

19.8.e.1. The name, address and telephone number of the major stationary source; 19.8.e.2. The annual emissions as calculated pursuan t to subdivision 19.8.c; and 19.8.e.3. Any other information that the owner or op erator wishes to include in the report (e.g., an explanation as to why the emissions differ from the preconstruction projection).

3745CSR14

19.8.f. A “reasonable possibility” under subsection 19.8 occurs when the owner or operator calculates the project to result in either:

19.8.f.1. A projected actual emissions increase of a t least 50 percent of the amount that is a “significant emissions increase,” as defined under subsection 2.75 (without reference to the amount th at is a significant net emissions increase), for the regu lated NSR pollutant; or

19.8.f.2. A projected actual emissions increase that , added to the amount of emissions excluded under paragraph 2.63.a.3, sums to at least 50 perce nt of the amount that is a “significant emissions i ncrease,” as defined under subsection 2.75 (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant. For a project for which a reasonable possibility occurs o nly within the meaning of this paragraph, and not also within the meaning of paragraph 19.8.f.1, then prov isions under subdivisions 19.8.b through 19.8.e do not app ly to the project. 19.9. The owner or operator of the source shall make available the information required to be documented and maintained pursuant to subsection 19 .8 for review upon a request for inspection by the Secretary or the general public pursuant to the req uirements contained in 45CSR30. §45-14-20. Disposition of Permits. 20.1. In the event that the Secretary promulgates ch anges to this rule or in the event of a redesignati on of an attainment or non-attainment area (in accorda nce with § 107 of the CAA) prior to final dispositi on of a permit, the Secretary shall make final dispositio n of the permit application in accordance with suchnewly promulgated standards or redesignation. §45-14-21. Conflict with Other Permitting Rules. 21.1. For sources required to obtain a permit under this rule, the provisions of 45CSR13 requiring a permit do not apply, so that only a single permit i s required; provided, however, that: 21.1.a. The base permit application fee of $1,000 pu rsuant to 45CSR22, subdivision 3.4.a shall apply to such sources in addition to other applicab le fees; and 21.1.b. Any permit issued under this rule includes c onditions that ensure compliance with the provisions of 45CSR13 to the extent applicable to a ny regulated air pollutant (as defined in 45CSR13) not otherwise covered under this rule. 21.2. For sources that may be subject to 45CSR13, 45 CSR14 and/or 45CSR19, the more stringent provisions of each applicable rule shall apply. §45-14-22. [Reserved.] §45-14-23. [Reserved.] §45-14-24. [Reserved]. §45-14-25. Actuals PALs.

3845CSR14

25.1. Applicability. 25.1.a. The Secretary may approve the use of an actu als PAL for any existing major stationary source if the PAL meets the requirements in subsect ions 25.1 through 25.15. The term “PAL” shall mean “actuals PAL” throughout section 25. 25.1.b. Any physical change in or change in the meth od of operation of a major stationary source that maintains its total source-wide emissions belo w the PAL level, meets the requirements in subsecti ons 25.1 through 25.15, and complies with the PAL permi t: 25.1.b.1. Is not a major modification for the PAL po llutant; 25.1.b.2. Does not have to be approved through the P SD program; and 25.1.b.3. Is not subject to the provisions in subsec tion 19.4 (restrictions on relaxing enforceable emission limitations that the major stationary sour ce used to avoid applicability of the major NSR pro gram). 25.1.c. Except as provided under paragraph 25.1.b.3, a major stationary source shall continue to comply with all applicable Federal or State require ments, emission limitations, and work practice requirements that were established prior to the eff ective date of the PAL. 25.2. Definitions. -- For the purposes of this secti on 25, the definition in subdivision 25.2.a applies

. When a term is not defined in these paragraphs, it shall have the meaning given in section 2 or in the CAA. 25.2.a. Allowable emissions means “allowable emissio ns” as defined in subsection 2.6, except as modified according to paragraphs 25.2.a.1 and 25.2. a.2. 25.2.a.1. The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a prac tical matter on the emissions unit’s potential to e mit. 25.2.a.2. An emissions unit’s potential to emit shal l be determined using the definition in subsection 2.58, except that the words “or enforceable as a practical matter” should be added after “f ederally enforceable.” 25.3. Permit application requirements. -- As part of a permit application requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the Secretary for approval: 25.3.a. A list of all emissions units at the source designated as small, significant or major based on their potential to emit. In addition, the owner oroperator of the source shall indicate which, if an y, Federal or State applicable requirements, emission limitati ons, or work practices apply to each unit. 25.3.b. Calculations of the baseline actual emission s (with supporting documentation). Baseline actual emissions are to include emissions associate d not only with operation of the unit, but also emi ssions associated with startup, shutdown, and malfunction. 25.3.c. The calculation procedures that the major st ationary source owner or operator proposes to

3945CSR14

use to convert the monitoring system data to monthl y emissions and annual emissions based on a 12-month rolling total for each month as required by subdivi sion 25.13.a. 25.4. General requirements for establishing PALs. 25.4.a. The Secretary is allowed to establish a PAL at a major stationary source, provided that at a minimum, the requirements in paragraphs 25.4.a.1 through 25.4.a.7 are met. 25.4.a.1. The PAL shall impose an annual emission li mitation in tons per year, that is enforceable as a practical matter, for the entire major station ary source. For each month during the PAL effectiv e period after the first 12 months of establishing a PAL, th e major stationary source owner or operator shall s how that the sum of the monthly emissions from each emission s unit under the PAL for the previous 12 consecutiv e months is less than the PAL (a 12-month average, ro lled monthly). For each month during the first 11 months from the PAL effective date, the major stati onary source owner or operator shall show that the sum of the preceding monthly emissions from the PAL eff ective date for each emissions unit under the PAL i s less than the PAL. 25.4.a.2. The PAL shall be established in a PAL permit that meets the public participation requirements in section 17. 25.4.a.3. The PAL permit shall contain all the requi rements of subsection 25.7. 25.4.a.4. The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the P AL pollutant at the major stationary source. 25.4.a.5. Each PAL shall regulate emissions of only one pollutant. 25.4.a.6. Each PAL shall have a PAL effective periodof 10 years. 25.4.a.7. The owner or operator of the major station ary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requiremen ts provided in subsections 25.12 through 25.14 for each emissions unit under the PAL through the PAL effect ive period. 25.4.b. At no time during or after the PAL effective period are emissions reductions of a PAL pollutant that occur during the PAL effective perio d creditable as decreases for purposes of offsets p ursuant to 45CSR19 unless the level of the PAL is reduced b y the amount of such emissions reductions and such reductions would be creditable in the absence of th e PAL. 25.5. Public participation requirements for PALs. -- PALs for existing major stationary sources shall b e established, renewed, or increased through a proced ure that is consistent with 45CSR13. This includes the requirement that the Secretary provide the public w ith notice of the proposed approval of a PAL permitand at least a 30-day period for submittal of public co mment. The Secretary must address all material comments before taking final action on the permit. 25.6. Setting the 10-year actuals PAL level. 25.6.a. Except as provided in subdivision 25.6.b, ac tuals PAL level for a major stationary source

4045CSR14

shall be established as the sum of the baseline actual emissions (as defined in subsection 2.8) of the PAL pollutant for each emissions unit at the source; pl us an amount equal to the applicable significant le vel for the PAL pollutant under subsection 2.74 or under th e CAA, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only one co nsecutive 24-month period must be used to determine the baseline actual emissions for all existing emission s units. However, a different consecutive 24-monthperiod may be used for each different PAL pollutant. Emis sions associated with units that were permanently shutdown after this 24-month period must be subtrac ted from the PAL level. Emissions from units on wh ich actual construction began after the 24-month periodmust be added to the PAL level in an amount equal to the potential to emit of the units. The Secretary shall specify a reduced PAL level(s) (in tons/yr) i n the PAL permit to become effective on the future compliance date(s) of any applicable Federal or State regulat ory requirement(s) that the Secretary is aware of priorto issuance of the PAL permit. For instance, if the source owner or operator will be required to reduce emissi ons from industrial boilers in half from baseline e missions of 60 ppm NO Xto a new rule limit of 30 ppm, then the permit sha ll contain a future effective PAL level that is equal to the current PAL level reduced by half o f the original baseline emissions of such unit(s). 25.6.b. For newly constructed units (which do not in clude modifications to existing units) on which actual construction began after the 24-month period , in lieu of adding the baseline actual emissions a s specified in subdivision 25.6.a, the emissions mustbe added to the PAL level in an amount equal to th e potential to emit of the units. 25.7. Contents of the PAL permit. -- The PAL permit must contain, at a minimum, the information in subdivisions 25.7.a through 25.7.j. 25.7.a. The PAL pollutant and the applicable source- wide emission limitation in tons per year. 25.7.b. The PAL permit effective date and the expira tion date of the PAL (PAL effective period). 25.7.c. Specification in the PAL permit that if a ma jor stationary source owner or operator applies to renew a PAL in accordance with subsection 25.10 before the end of the PAL effective period, then th e PAL shall not expire at the end of the PAL effectiv e period. It shall remain in effect until a revise d PAL permit is issued by the Secretary. 25.7.d. A requirement that emission calculations forcompliance purposes must include emissions from startups, shutdowns, and malfunctions. 25.7.e. A requirement that, once the PAL expires, th e major stationary source is subject to the requirements of subsection 25.9. 25.7.f. The calculation procedures that the major st ationary source owner or operator shall use to convert the monitoring system data to monthly emiss ions and annual emissions based on a 12-month rolli ng total as required by subdivision 25.13.a. 25.7.g. A requirement that the major stationary sour ce owner or operator monitor all emissions units in accordance with the provisions under subsection 25.12. 25.7.h. A requirement to retain the records requiredunder subsection 25.13 on site. Such records may be retained in an electronic format.

4145CSR14

25.7.i. A requirement to submit the reports requiredunder subsection 25.14 by the required deadlines. 25.7.j. Any other requirements that the Secretary de ems necessary to implement and enforce the PAL. 25.8. PAL effective period and reopening of the PAL permit. -- The requirements in subdivisions 25.8.a and 25.8.b apply to actuals PALs. 25.8.a. PAL effective period. -- The Secretary shall specify a PAL effective period of 10 years. 25.8.b. Reopening of the PAL permit. 25.8.b.1. During the PAL effective period, the Secre tary must reopen the PAL permit to: 25.8.b.1.A. Correct typographical or calculation err ors made in setting the PAL or reflect a more accurate determination of emissions used to es tablish the PAL;

25.8.b.1.B. Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for use as offsets pursuant to 45CSR19; and

25.8.b.1.C. Revise the PAL to reflect an increase in the PAL as provided under subsection 25.11. 25.8.b.2. The Secretary shall have discretion to reo pen the PAL permit for the following:

25.8.b.2.A. Reduce the PAL to reflect newly applicab le Federal requirements (for example, NSPS) with compliance dates after the PAL effective date;

25.8.b.2.B. Reduce the PAL consistent with any otherrequirement, that is enforceable as a practical matter, and that the State may impose on the major stationary source under the State Impleme ntation Plan; and 25.8.b.2.C. Reduce the PAL if the Secretary determin es that a reduction is necessary to avoid causing or contributing to a National Ambient Air Q uality Standard (NAAQS) or PSD increment violation, or to an adverse impact on an air quality related v alue that has been identified for a Federal Class Iarea by a Federal Land Manager and for which information is available to the general public. 25.8.b.3. Except for the permit reopening in subpara graph 25.8.b.1.A for the correction of typographical/calculation errors that do not increa se the PAL level, all other reopenings shall be carried out in accordance with the public participation require ments of subsection 25.5. 25.9. Expiration of a PAL. -- Any PAL that is not re newed in accordance with the procedures in subsection 25.10 shall expire at the end of the PALeffective period, and the requirements in subdivis ions 25.9.a through 25.9.e shall apply. 25.9.a. Each emissions unit (or each group of emissi ons units) that existed under the PAL shall

4245CSR14

comply with an allowable emission limitation under a revised permit established according to the proce dures in paragraphs 25.9.a.1 and 25.9.a.2. 25.9.a.1. Within the time frame specified for PAL re newals in subdivision 25.10.b, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or ea ch group of emissions units, if such a distribution is more appropriate as decided by the Secretary) by distributing the PAL allowable emissions for the ma jor stationary source among each of the emissions u nits that existed under the PAL. If the PAL had not yetbeen adjusted for an applicable requirement that b ecame effective during the PAL effective period, as requi red under subdivision 25.10.e, such distribution sh all be made as if the PAL had been adjusted. 25.9.a.2. The Secretary shall decide whether and how the PAL allowable emissions will be distributed and issue a revised permit incorporatin g allowable limits for each emissions unit, or eachgroup of emissions units, as the Secretary determines is appropriate. 25.9.b. Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling basis. The Secretary may approve the use o f monitoring systems (source testing, emission fact ors, etc.) other than CEMS, CERMS, PEMS, or CPMS to demo nstrate compliance with the allowable emission limitation. 25.9.c. Until the Secretary issues the revised permi t incorporating allowable limits for each emissions unit, or each group of emissions units, a s required under paragraph 25.9.a.2, the source sha ll continue to comply with a source-wide, multi-unit e missions cap equivalent to the level of the PAL emi ssion limitation. 25.9.d. Any physical change or change in the method of operation at the major stationary source will be subject to major NSR requirements if such change meets the definition of major modification in subsection 2.40. 25.9.e. The major stationary source owner or operato r shall continue to comply with any State or Federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL effective peri od except for those emission limitations that had b een established pursuant to subsection 19.4, but were e liminated by the PAL in accordance with the provisi ons in paragraph 25.1.b.3. 25.10. Renewal of a PAL. -- The Secretary shall foll ow the procedures specified in subsection 25.5 in approving any request to renew a PAL for a majorstationary source, and shall provide both the prop osed PAL level and a written rationale for the proposed PAL level to the public for review and comment. Du ring such public review, any person may propose a PAL le vel for the source for consideration by the Secretary. 25.10.a. Application deadline. -- A major stationarysource owner or operator shall submit a timely application to the Secretary to request renewal of a PAL. A timely application is one that is submitt ed at least 6 months prior to, but not earlier than 18 mo nths from, the date of permit expiration. This dea dline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major stationary source submits a complete application to renew the PAL within this t ime period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is i ssued.

4345CSR14

25.10.b. Application requirements. -- The applicatio n to renew a PAL permit shall contain the information required in paragraphs 25.10.c.1 throug h 25.10.c.4. 25.10.b.1. The information required in subdivisions 25.3.a through 25.3.c. 25.10.b.2. A proposed PAL level. 25.10.b.3. The sum of the potential to emit of all e missions units under the PAL (with supporting documentation). 25.10.b.4. Any other information the owner or operat or wishes the Secretary to consider in determining the appropriate level for renewing the PAL. 25.10.c. PAL adjustment. -- In determining whether a nd how to adjust the PAL, the Secretary shall consider the options outlined in paragraphs 25.10.d .1 and 25.10.d.2. However, in no case may any such adjustment fail to comply with paragraph 25.10.d.3. 25.10.c.1. If the emissions level calculated in acco rdance with subsection 25.6 is equal to or greater than 80 percent of the PAL level, the Secre tary may renew the PAL at the same level without considering the factors set forth in paragraph 25.1 0.d.2; or 25.10.c.2. The Secretary may set the PAL at a level that he or she determines to be more representative of the source's baseline actual emis sions, or that he or she determines to be more appr opriate considering air quality needs, advances in control technology, anticipated economic growth in the area , desire to reward or encourage the source's voluntary emiss ions reductions, or other factors as specifically i dentified by the Secretary in his or her written rationale. 25.10.c.3. Notwithstanding paragraphs 25.10.d.1 and 25.10.d.2: 25.10.c.3.A. If the potential to emit of the major s tationary source is less than the PAL, the Secretary shall adjust the PAL to a level no greate r than the potential to emit of the source; and

25.10.c.3.B. The Secretary shall not approve a renew ed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions of subsection 25.11 (increasing a PAL). 25.10.d. If the compliance date for a State or Feder al requirement that applies to the PAL source occurs during the PAL effective period, and if the Secretary has not already adjusted for such require ment, the PAL shall be adjusted at the time of PAL permitrenewal or title V permit renewal, whichever occur s first. 25.11. Increasing a PAL during the PAL effective per iod. 25.11.a. The Secretary may increase a PAL emission l imitation only if the major stationary source complies with the provisions in paragraphs 25.11.a. 1 and 25.11.a.2. 25.11.a.1. The owner or operator of the major statio nary source shall submit a complete application to request an increase in the PAL limitfor a PAL major modification. Such application sh all

4445CSR14

identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stat ionary source's emissions to equal or exceed its PAL. 25.11.a.2. As part of this application, the major st ationary source owner or operator shall demonstrate that the sum of the baseline actual emi ssions of the small emissions units, plus the sum o f the baseline actual emissions of the significant and ma jor emissions units assuming application of BACT equivalent controls, plus the sum of the allowable emissions of the new or modified emissions unit(s) exceeds the PAL. The level of control that would r esult from BACT equivalent controls on each signifi cant or major emissions unit shall be determined by cond ucting a new BACT analysis at the time the applicat ion is submitted, unless the emissions unit is currentl y required to comply with a BACT or LAER requiremen t that was established within the preceding 10 years. In such a case, the assumed control level for tha t emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must current ly comply. 25.11.a.3. The owner or operator obtains a major NSRpermit for all emissions unit(s) identified in paragraph 25.11.a.1, regardless of the magnitude of the emissions increase resulting from them (tha t is, no significant levels apply). These emissions unit (s) shall comply with any emissions requirements re sulting from the major NSR process (for example, BACT), eve n though they have also become subject to the PAL or continue to be subject to the PAL. 25.11.a.4. The PAL permit shall require that the inc reased PAL level shall be effective on the day any emissions unit that is part of the PAL majo r modification becomes operational and begins to emit the PAL pollutant. 25.11.b. The Secretary shall calculate the new PAL a s the sum of the allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and m ajor emissions units (assuming application of BACT equiv alent controls as determined in accordance with paragraph 25.11.a.2), plus the sum of the baseline actual emissions of the small emissions units. 25.11.c. The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements of subsection 25.5. 25.12. Monitoring requirements for PALs. 25.12.a. General requirements. 25.12.a.1. Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL per mit must be based on sound science and meet general ly acceptable scientific procedures for data quality a nd manipulation. Additionally, the information gen erated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enfo rce the PAL permit. 25.12.a.2. The PAL monitoring system must employ one or more of the four general monitoring approaches meeting the minimum requirements set for th in paragraphs 25.12.b.1 through 25.12.b.4 and mu st be approved by the Secretary.

4545CSR14

25.12.a.3. Notwithstanding paragraph 25.12.a.2, you may also employ an alternative monitoring approach that meets paragraph 25.12.a.1 if approvedby the Secretary. 25.12.a.4. Failure to use a monitoring system that meets the requirements of this rule renders the PAL invalid. 25.12.b. Minimum performance requirements for approv ed monitoring approaches. The following are acceptable general monitoring approaches when c onducted in accordance with the minimum requirement s in subdivisions 25.12.c through 25.12.i: 25.12.b.1. Mass balance calculations for activities using coatings or solvents; 25.12.b.2. CEMS; 25.12.b.3. CPMS or PEMS; and 25.12.b.4. Emission factors. 25.12.c. Mass balance calculations. -- An owner or o perator using mass balance calculations to monitor PAL pollutant emissions from activities usi ng coating or solvents shall meet the following requirements: 25.12.c.1. Provide a demonstrated means of validatin g the published content of the PAL pollutant that is contained in or created by all ma terials used in or at the emissions unit; 25.12.c.2. Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accoun ted for in the process; and 25.12.c.3. Where the vendor of a material or fuel, w hich is used in or at the emissions unit, publishes a range of pollutant content from such ma terial, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissio ns unless the Secretary determines there is site-sp ecific data or a site-specific monitoring program to suppo rt another content within the range. 25.12.d. CEMS. An owner or operator using CEMS to m onitor PAL pollutant emissions shall meet the following requirements: 25.12.d.1. CEMS must comply with applicable Performa nce Specifications found in 40 CFR Part 60, appendix B; and 25.12.d.2. CEMS must sample, analyze and record dataat least every 15 minutes while the emissions unit is operating. 25.12.e. CPMS or PEMS. An owner or operator using C PMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements: 25.12.e.1. The CPMS or the PEMS must be based on current site-specific data demonstrating

4645CSR14

a correlation between the monitored parameter(s) an d the PAL pollutant emissions across the range of operation of the emissions unit; and 25.12.e.2. Each CPMS or PEMS must sample, analyze, a nd record data at least every 15 minutes, or at another less frequent interval approved by th e Secretary, while the emissions unit is operating. 25.12.f. Emission factors. -- An owner or operator u sing emission factors to monitor PAL pollutant emissions shall meet the following requirements: 25.12.f.1. All emission factors shall be adjusted, i f appropriate, to account for the degree of uncertainty or limitations in the factors' development; 25.12.f.2. The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and 25.12.f.3. If technically practicable, the owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollu tant emissions shall conduct validation testing to determine a site-specific emission factor within 6 months of PAL permit issuance, unless the Secretary determines that testing is not required. 25.12.g. A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or ope rational restrictions for an emissions unit during any period of time that there is no monitoring data, un less another method for determining emissions durin g such periods is specified in the PAL permit. 25.12.h. Notwithstanding the requirements in subdivi sions 25.12.c through 25.12.g, where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) a nd the PAL pollutant emissions rate at all operating p oints of the emissions unit, the Secretary shall, a t the time of permit issuance: 25.12.h.1. Establish default value(s) for determinin g compliance with the PAL based on the highest potential emissions reasonably estimated atsuch operating point(s); or 25.12.h.2. Determine that operation of the emissions unit during operating conditions when there is no correlation between monitored parameter(s) an d the PAL pollutant emissions is a violation of the PAL. 25.12.i. Re-validation. -- All data used to establis h the PAL pollutant must be re-validated through performance testing or other scientifically valid means approved by the Secretary. Such testing must occur at least once every 5 years after issuance of the P AL. 25.13. Recordkeeping requirements. 25.13.a. The PAL permit shall require an owner or op erator to retain a copy of all records necessary to determine compliance with any requirement of sec tion 28 and of the PAL, including a determination o f each emissions unit’s 12-month rolling total emissi ons, for 5 years from the date of such record. 25.13.b. The PAL permit shall require an owner or op erator to retain a copy of the following records

4745CSR14

for the duration of the PAL effective period plus 5 years: 25.13.b.1. A copy of the PAL permit application and any applications for revisions to the PAL; and 25.13.b.2. Each annual certification of compliance p ursuant to title V and the data relied on in certifying the compliance. 25.14. Reporting and notification requirements. -- T he owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the Secretary in accordance with the applicable tit le V operating permit program. The reports shall meet the requirements in subdivisions 25.14.a through 25. 14.c. 25.14.a. Semi-annual report. -- The semi-annual repo rt shall be submitted to the Secretary within 30 days of the end of each reporting period. This rep ort shall contain the information required in parag raphs 25.14.a.1 through 25.14.a.7. 25.14.a.1. The identification of owner and operator and the permit number. 25.14.a.2. Total annual emissions (tons/year) based on a 12-month rolling total for each month in the reporting period recorded pursuant to subdiv ision 25.13.a. 25.14.a.3. All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, in calculating the monthly and annual PAL pollutant emissions. 25.14.a.4. A list of any emissions units modified oradded to the major stationary source during the preceding 6-month period. 25.14.a.5. The number, duration, and cause of any de viations or monitoring malfunctions (other than the time associated with zero and span calibra tion checks), and any corrective action taken. 25.14.a.6. A notification of a shutdown of any monit oring system, whether the shutdown was permanent or temporary, the reason for the shutdown , the anticipated date that the monitoring system w ill be fully operational or replaced with another monit oring system, and whether the emissions unit monito red by the monitoring system continued to operate, and the calculation of the emissions of the pollutant o r the number determined by method included in the permit, as provided by subdivision 25.12.g. 25.14.a.7. A signed statement by the responsible off icial (as defined by the 45CSR30-2.38) certifying the truth, accuracy, and completeness of the information provided in the report. 25.14.b. Deviation report. -- The major stationary s ource owner or operator shall promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report submitted pursuant to 45CSR 30-5.1.c.3 shall satisfy this reporting requirement . The deviation reports shall be submitted within the time limits prescribed by the applicable program implementing 45CSR30-5.1.c.3. The reports shall co ntain the following information: 25.14.b.1. The identification of owner and operator and the permit number;

4845CSR14

25.14.b.2. The PAL requirement that experienced the deviation or that was exceeded; 25.14.b.3. Emissions resulting from the deviation orthe exceedance; and 25.14.b.4. A signed statement by the responsible off icial (as defined by the applicable title V operating permit program) certifying the truth, acc uracy, and completeness of the information providedin the report. 25.14.c. Re-validation results. -- The owner or oper ator shall submit to the Secretary the results of any re-validation test or method within 3 months af ter completion of such test or method. 25.15. Transition requirements. 25.15.a. The Secretary may not issue a PAL that does not comply with the requirements in subsections 25.1 through 25.15 after the effective date of EPA approval and promulgation of a revision to the WV SIP incorporating this rule. 25.15.b. The Secretary may supersede any PAL that wa s established prior to the effective date of EPA approval and promulgation of a revision to the WV S IP incorporating this rule with a PAL that complies with the requirements of subsections 25.1 through 25.15. §45-14-26. Inconsistency Between Rules. 26.1. In the event of any inconsistency between this rule and any other rule of the West Virginia Department of Environmental Protection, such incons istency shall be resolved by the determination of the Secretary and such determination shall be based upo n the application of the more stringent provision, term, condition, method or rule.

49