FORM 1 - SOTICE OF A PL-BLIC HEdRIXG OR CO3LJIEST PERIOD OS -4 PROPOSED RZ'LE 

(Page 1) 

AGESCY Air Quam 

RULE TYPE Legislatire AXIESDMEST TO ESISTISG RULE Yes TITLE-SERIES 45-30 

RULE SAME Requirements for Operating Permits 

WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

CITE AUTHORIW \\T Code g22-5-4 

cFILED 

6/4/2014 11:09:54 AM 

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COhfMESTS LI-WTED TO Oral ..And 11-ritten DATE OF PUBLIC HEARISG 3Iolrday, July 07,1014 6:00 PXI 

LOCATIOS OF PUBLIC HEARISG 

nist \-irginia Department of E nrhnmentat Pratertion Doh- Sods Conference Room (Room 1125) 

601 57th Street, SE 

Charleston, 11-est l-kginia 25304 

DATE ~'CIRITTES COMMEST PERIOD ESDS 

llonda?, Juh- 07,2014 7:00 PM 

\lWTTES CO-MWSTS .MAY BE MAILED TO Public Information Office 

113- Department of Environmental Protection 

Do* Sods Conference Room (Room 1125) 601 57th Street, SE 

Charleston, \Vest Virginia 25304 

Legislative Rule-Making 

JUN 42014 

Review Committee 
,,,J~IY"'~,,, 

1 Ic *EST b - %- WEST VlRGlNlA 

. .. k SECRETARY OFSTATE 

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FOR11 1 -- SOT ICE OF-& PrBLIC HEARISG OR COlDXEST PERIOD OX -4 PROPOSED RrLE Page 2) 

AGESCY air qualit?. 

RULE TkrPE Legislative AWSDLEST TO ESISTISG RULE Yes I7TL.E-SERIES 45-30 

RULE SAME Requirements for Operating Permits 

PROVIDE A BRIEF SU5flURY OF \'OUR PROPOSAL This rule establishes s camprehensit-e air quab operating permits program consistent with the 

requirements of Title 1' of the federal Clean Air Act (C.4.4) and 40 CFR Part 70. 

The operatiog permits program is directed toward major sources and sources as defined in the rule, and contains the follo~riug: requirements for permit applicatioas; monitoriog and reporting requirements; 

annual fees to cover aU reasonable costs required to devetop and administer the program; prcn-isions for 

public partiripation; provisions to revise pernits consistent with new standards; and operational 

flexibi?i~- within the permit prot-Kmns. These elements hare been further refimrd and defined under the 

pro\-isions of Title 1- and 40 CFR Part -0. 
FORM 11 -- FISCAL SOTE FOR PROPOSED RZ'LES (Page 1) 

WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

AGESCY Air Quality RULE TYPE Legistatire AMESDMEST TO EXISTISG RULE 1-es TITLE-SERIES 45-30 RULE SAXE Requirements for Operating Permits 

cE'ILED 

6/4/2814 ll:e9:54 AM 

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SUMLURIZE IS A CLEAR ASD COSCISE 54ASSER nXAT IMPACT THIS MEASURE \.ILL HAVE OX 

COSTS ASD REYESUES OF STASE GO\'ERShfElT. The proposed Operating Permit fee rex-isions in this rule should positivek impact revenues of the state Air Qualie Title I' Operating Permit Program. 
FORM 11 -- FISCAL SOTE FOR PROPOSED RULES (Page 2) 

WEST VlRGlNlA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE tAW DIVISION 

AGESCY Air Quality RULE =PE Legidatire ALfESDMEST TO ESISTISG RULE Yes TITLE-SERIES 45-30 RULE SAME Requirements for Operating Permits 

6/4/2014 11:09:54 AA 

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FISCAL SOTE DETAIL -- SHOW OVERALL EFFECT IS ITEhl1 ASD 1 ASD, IS ITEM 3, GIVE AS 

EXPLASATIOS OF BREAKDOII3- BY FISCAL YEAR, ISCLUDISG LOSG-RASGE EFFECT. 

Effect Of Proposal Current IncreasetWecrease Sext Increaset'Decreare Fiscal Year &port 

(use ' - *) (use ' - *) Full ImpLmentatLn) 

PERSOY-U. SERYICES 

CURREST EXPESSES REP-MRS ASD 

.-U.TER4TIOSS 

OTHER 
FORM 11 -- FISCAL SOTE FOR PROPOSED RrLES (Page 3) 

WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E.TENNANT 

AbMl NISTRATIVE LAW DIVISION 

AGESCY Air Qualiv RULE TYPE Legislative AMESDNIEST TO EXISTISG RULE Yes TI'TLE-SERIES 45-30 RULE SAME Requirements for Operating Permits 

cFILED 

6/4/2014 11 ! 89 : 54 AM 

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3. ESPLASrSTIOS OF ABOVE ESTIMATES (ISCLUDISG LOSG-RASGE EFFECT). PLEASE IXCLUDE 

ASY ISCREASE OR DECREASE IS FEES IS YOUR ESTI-MATED TOTAL REVESUES. The proposed revisions co this rule implement an increase in -Air Quality Title 1- operating fees from S18iton to S28itan. The increase in fees will correct a dawn~vard trend in fee collection, and \dl keep the 

Title V Operahg Permit Program sohent in accordance with the federal CIean Air Act. 
FOR11 11 - FISCAL SOTE FOR PROPOSED RrLES (Page 4) 

WEST VIRGINIA 

OF STATE 

E. TENNANT 

ADMINISTRATIVE LAW DMSlON 

AGESCY du Quality 

RULE IYPE Legislatire AMESDMEST TO ESISTISG RULE Yes TITLE-SERIES 45-30 

RULE SAME Requirements for Operating Permits 

cFILED 

6/4/2014 11:89:54 AM 

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PLEASE IDESTIFY ASY AREAS OF YAGUESESS, fECHSICAL DEFECTS, REASOSS THE PROPOSED 

RULE If-OULD SOT HAVE A FISCAL IlPACT. ASD OR ASY SPECIAL ISSUES SOT CAPTURED ELSEfI'HERE OS THIS FORM. 

BY CHOOSISG 'YES'

I ATEST THAT THE PRELrIOUS STATZMESTS ARE TRUE ASD CORRECT
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WEST VIRGINIA 

-$&.IP ::< *Q= gi? SECRETARY OF STATE 

FORM 12 - BRIEF SrlIlL4RY ASD STATE1XEST OF CIRCI-IISTdSCES (Page 1) 

cFILED 

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3.8 e' NATALIE E. TENNANT 

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+,8flfl,,J~d~'' ADMINISTRATIVE LAW DIVISION 

AGESC Y Air Quality RULE TYPE Legislative A4fESDlEST TO EXISTISG RULE Yes 'TITLE-SERIES 45-30 RULE SAME Requirements for Operating Permits 

6/4/2814 I1 : 09 : 54 AM 

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SU>f.IlLRIZE IS A CLEAR ASD COSCISE MASSER COXTESTS OF CHASGES IS RULE ASD STAT1E,%ST OF CIRCUMSTASCES REQUIRIXG THE RULE. 

The provisions of Title V of the CAA require that all states submit to the U.S. Environmental Protection Agency (EPA) a comprehensive permits program (including 

effective regulations) on or before November 15, 1993. West Virginia submitted its operating permits program under 45CSR30 on November 12, 1993 and on November 15, 1995, EPA granted the State interim approval of its operating permit program. On Movember 19, 

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

Revisions to the rule implement an increase in Title V operating fees from $18/ton to 

828/ton. The increase in fees wi13 correct a downward trend in fee collection, and will keep the Title V Operating Permit Program solvent in accordance with the federal Clean 

Air Act. 

f 

A

THE 

O

S 

TITLE 45 

LEGISLATIVE RUIX 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

AIR QUALITY 

SERIES 30 

REQUtREMENTS FOR OPERATING PERMITS 

W5-30-1. General. 

I .I. Scope. -- This rule provides far the establishment of a comprehensive air quality permitting 

system consistent with the requirements of Title V of the Clean Air Act. All fees collected pmt to 

this rub shall be expended solely to cover dl reasonable direct and indirect wsts required to administer the 

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

1.2. Authority. -- W.V& Code S22-5-4. 

1.3. Filing Date. -- -. 1.4. Effective Date. - hne&Nl3. 

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

which was filed Mayl&U2 Mav 1.20 13, and which became effective &4+3&0X2 June 1.20 13. 

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

air pollutants emitted to the atmosphere during a particular calendar year and includes all routine as well as 

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

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

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

2.3. "Affected states" are all states: 

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

operating pennit, permit modification or permit renewal is being proposed; or 
section 3 that involves a change at the source for a particular emissions unit, and that either results in the 

unit being subject to one or more applicable requirements which difh fhm those applicable to the 

emissions unit prior to implementition of the change or mders inapplicable one or more requirements 

previously applicable to the emissions unit prior to implementation of the change. 

2.7. "Applicable requirements" means dl of the following as they apply to emissions units in a Title 

V source. 

2.7.a. Any standard or other requirement provided for in the State Implementation Plan qpmved by 

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

implements the relevant requirements of the Act, including any revisions to that State Imp1ementation 

Plan; 

2.7.b. Any term or condition of any preoonstruction pennits issued pursuant to regulations approved 

or promulgated through rulemaking under Title I, including parts C or Dy of the Clean Air Act, including any permits issued under 45CSR13,45CSR14,45CSR15, and 45CSR19; 

2.7.c. Any standard or other requirement under 91 11, including 51 1 l(d), of the Clem Air Act; 

2.7.d. Any standard or other requirements under 5112 of the Clean Air Act, including any 

requirement concerning accident prevention under 31 12(r)(7) of the Clean Air Act, but not including the 

contents of any risk management plan required under 91 12(r) of the Clean Air Act; 

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

the Clean Air Act or the regulations promulgated thereunder, 

2.7.f. Any requirements established pursuant to §504(b) or 91 14(a)(3) of the Clean Air Act; 

2.7.g. Any standard or other requirement under §§126(a)(1) and (c) of the Clean Air Act; 

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

Clean Air Act; 

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

the Clean Air Act; 

2.74. Any standard or other reqbent fm tank vessels under 81 83(f) of the Clean Air Act; 

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

ozone under Title VI of the Clean Air Act, unless the Secretary determines that such requbments need not 
Environmental Protection; and 

2.7.n. Any requbment imposed pursuant to the provisions of 45CSR4 and 45CSR27 and any other 

stateonly requirement for state enfomable purposes only. 

2.8. "Approved replicable methodology" or "ARM" means terms in a permit pursuant to section 3 

that: 

2.8.a. Specie a protocol which is consistent with and implements an applicable requirement, or 

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

and provides reproducible results using the same inputs; and 

2.8.b. Require the results of that protocol to be recorded and used for assuring compliance with such 

applicable requirement, any other applicable requirement implicated by implementation of the ARM, or 

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

requirement to a particular change. 

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

§ 1 12 of the Clean Air Act. 

2.10. "Clean Air Act" means the Clean Air Act, 42 U.S.C. 57401, et seq., as amended. 2.11. "Construction" means any physical change or change in the method of operation (including 

Wrication, erection, installation, demolition, or modification of an emission unit) which would result in a 

change in actual emissions. 

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

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

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

and the regulations promulgated thereunder. 

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

under subsection 6.8 or affected state review under subsection 7.2. 

2.15. "~ffective date of the operating permit pmgram" m-s the date that U.S. EPA formally provides 

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

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

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

(including a work practice standard) or an enforceable emissions cap that the source has assumed to avoid 
Air Act (Acid Deposition Control). 

2.19. "Enforceablen means enforceable by the Secretary and U.S. EPA, unless specifically designated 

to mean otherwise. 

2.20. "EPA" or "U.S. EPA" means the United States Environmental Protection Agency. 2.2 1. "Final permit" means the Title V operating permit issued pursuant to this rule that has completed 

all review pmedms required under sections 6 and 7. 

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

chimney, vmt, or other functionally-equivalent opening. 

2.23. 'General permit" means a Title V operating permit that meets the req&ents of subsection 5.4. 

2.24. "Hazardous air pollutant' means any substance listed on Table 45-30A. 

2.25. "Case-by-case maximum achievable control technolo@ or "MACT" mems an emissions 

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

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

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

2.2S.a. Jn the case of sources constructed or modified afkr the effective date of this rule, MACT 

sball not be less stringent than the most stringent emissions leveI that is achieved in practice by similar 

sources or processes. 

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

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

2.25.b. 1. For categoties ur subcategories with thirty (30) or more sources, the average emission 

limitation achieved by the best performing twelve (12) petcent of the existing sources in the United States 

(for which the Secretary has or can reasonably obtain emission information). In making this 

determination the Secretmy &dl exclude soutces that have achieved a Ievel of emission rate or emission 

reduction equivalent to the lowest achievable emission rate (as defied in 5171 of the Clem Air Act) 

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

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

United States (for which the Secretary has or could reasonably obtain emissions information) within a 

category or subcategory with fewer than thirty (30) sources in the United States. 
2.25.d.2. Enclose or seal equipment or systems to eliminate hazardous air pollutant emissions; 

2.25.d.3. Collect, capture, destroy and/or otherwise treat hazardous air pollutants released from a 

process, stack storage, or fugitive emissions point; 

2.25.d.4. Are work practice or operational methods, or 

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

2.26. "Major source" means any stationary source (or any group of stationary sources that are located 

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

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

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

gmup of stationary sources shall be considered part of a single industrial grouping if all of the pollutant 

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

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

Manual, 1987, except that a research and development facility may be treated as a separate source from 

other stationary sources that are part of the same industrial grouping, are located on cmtiguous or adjacent 

property, and are under common control. 

2.26.a. A major source under 51 12 of the Clean Air Act, which is defiued as: 

2.26.a.1. For pollutants other than radionuclides, any stationary source or group of stationary 

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

in the aggregate, ten (10) tons per year (tpy) or more of any hazardous air pollutant which has been listed 

pursuant to 51 12(b) of the Clean Air Act, or twenty-five (25) tpy or more of any combination of such hazardous air pollutants. Refer to Table 45-30A for a listing of hazardous air pollutants regulated 

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

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

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

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

or 

2.26~2. Radionuclides. -- In the event the Secretary obtains regulatory authority to implement 

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

fedeml requirements. 

2.26.b. A major stationary source of air pollutants, as defined in 5302 of the Clean Air Act, that 

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

regulation (including any major source of fugitive emissions of any such pollutant, as determined by rule 
2.26.b.3. Portland cement plants; 

2.26.b.4. pr&ary zinc. smelters; 

2.26.b.5. Iron and steel mills; 

2.26.b.6. Primary aluminum ore reduction plants; 2.26.b.7. Primary copper smelters; 2.26.b.8. Municipal incinerators (or comb~on thereof) capable of chatging more than fiRy 

(50) tons of refuse per day; 

2.26.b.9. Hydrofluaric, sulfuric, or nitric acid plants; 

2.26.b. 10. Petroleum refineries; 2.26.b.11. Lime plants; 2.26.b. 12. Phosphate rock processing plants; 2.26.b. 13. Coke 0v.m batteries; 

2.26.b.14. Sulfur recovery plants; 

2.26.b.15. Carbon black plants (fhace process); 2.26.b. 16. Primary lead smelters; 

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

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

ethanol pmduction facilities that produce ethanol by natural fermentation included in NAICS codes 

325193 or 312140; 

2.26.b.21. Fossil-fuel boilers (or combination thereof) totaling more than 150 million British 

thd units per hour heat input; 
2.26.b.25. Charcoal production plants; 

2.26.b.26. Fossil fuel-fired steam electric plants of more than 250 million British thermal units 

per hour heat input; 

2.26.b.27. Ammonium suIfate rnanuf-g plants; 

2.26.b.28. Asphaltconcreteplants; 2.26.b.29. Asphalt processing!roofing manufacturing plants; 2.26.b.30. Bulk gasoline terminals; 

2.26.b.3 1. Dry cleaning plants; 

2.26.b.32. Glass mauu~g plants; 2.26.b.33. Grain elevators; 2.26.b.34. Graphic arts (rotogravure) plants; 

2.26.b.35. Hazardous waste incinedon facilities; 2.26.b.36. Lead-acid battery manufacturing plants; 

2.26.b.37. Mineral pmrocessing plants; 2.26.b.3 8. Natural gas processing facilities; 

2.26.b.39. Phosphate fertilizer production and storage fixilities; 2.26.b.40. Rubber tire mauufacturiug plants; 

2.26.b.41. Sewage treatment plants; 2.26.b.42. Synthetic fiber produ@on plants; 

2.26.b.43. Surf.. coating and printing operations; and 

2.26.b.4.4. Any other stationary source category, which as of August 7, 1980 is being regulated 
areas classified as "extremem; except that the references in this clause to one hundred (100X fifty (50), 

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

which U.S. EFA has made a finding, under !$181(fXl) or (2) of the Clean Air Act, that requirements under 51 8 1 (f) of the Clean Air Act do not apply; 

2.26.c.2. For ozone transport regions established pursuant to 51 84 of the Clean Air Act, sources 

with the potential to emit fifty (50) tons or mote per year of volatile organic compounds Ws); 

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

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

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

2.26.c.4. For particulate matter (PMIO) nonattajnment areas olassified as "serious," sources with 

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

2.27. "Permit" means any permit or group of permits covering a some or sources of emissions that are 

issued, renewed, amended, or revised pursuant to this rule. 

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

meets the requirements of subsection 6.5. 

2.29. "Permit revision" means any permit modificativn w administrative permit amendment. 2.30. "Person" means any and all persons, natural or Mcial, including the State of West Virginia or 

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

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

association of whatever nature. 

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

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

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

operation or on the type or amount of material combusted, stored, or processed, &all be treated as part of its design if the limitation is enforceable. This term does not alter or affect the use of this tenn for any 

other purposes under the Clam Air Act, or the term "capwity factor" as used in Title IV of the Clean Air 

Act (Acid Deposition Control) or the regulations promulgated thereunder. 

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

forwards to U.S. EPA for review in comphce with section 7. 

2.33. "Regulated air polluta~t'~ means the following: 
2.33 .d. Any Class I or ll substance subject to a standard promulgated under or established by Title 

VI of the Clean Air Act (5602). Refer to Table 45-30B for a listing of Class I and 1I substances regulated 

pursuant to this rule; 

2.33.e. Any pollutant subject to a standard or other requirement under 51 12 of the Clean Air Act, 

including %112(8), Cj), and (r), including the following: . 

2.33.e. 1. Any pollutant subject to requirements under §112(j) of the Clean Air Act. If the U.S. 

EPA fails to promulgate a standard by the date established pursuant to 91 12(e) of the Clean Air Act, any 

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

months afk the applicable date established pursuant to 3 1 12(e) of the Clean Air Act. 

2.33.e.2. Any pollutant for which the requirements of 51 12(g)(2) of the Clean Air Act have been 

met, but only with respect to the individual source subject to that §I 12(g)(2) requirement. 

2.33.fAny other pollutant regulated by the West Virginia Department of Environmental Protection 

under an emission standard or ambient air quality standard. 

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

greenhouse gases as defined in 40 CFR 586.1818-12(a) and means any "regulated air pollutant" except the 

following: 

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

provisions of paragraph 2.26.c.3; 

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

pursuant to 5602 of the Clean Air Act. Refer to Table 45-30B for a listing of Class I and Class II 

substances; 

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

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

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

2.35. "Relocation" means the physical movement of a source outside its existing pht boundaries. 2.36. "Renewal" means the process by which a permit is reissued at the end of its tern. 

2.37. "Research and development facility" means sources whose activities are conducted for nonprofit 

scientii7c or educational purposes; sources whose activities are conducted to test more efficient production 
for production purposes or fm producing a product for sale or exchange for commercial profit. 

2.38. "Responsible official" means one of the following: 

2.38.a For a corporation: a president, saxe-, treasurer, or vice-president of the corpomtion in 

charge of a principal business function, or any other person who performs similar policy or 

decision-making functions for the corporation, or a duly authorized representative of such person if the 

representative is responsible for the overall operation of one or more kuf-g, production, or 

operating facilities applying for or subject to a pennit and either: 

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

exceeding $25 miIIion (in second quatter 1980 dollars), or 

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

se-9 

2.38.b. For a partnership or sole proprietorship: a general partner or the proprietor, respectively; 2.38.c. For a municipality, State, Federal, or other public agency: either a principal executive 

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

agency includes the chief executive officer having responsibility far the overall o~ons of s priucipal 

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

2.38.d. Fbr affkcted sources: 

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

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

thereunder are concerned; and 

2.38.6.2. The designated representative fbr any other purposes under this rule. 

2.39. "Secretary" means the Secretmy of the Department of Environmental Pmtection or such other 

person to whom the Secretary has delegated authority or duties pursuant to W.Va Code s22-1-6 or 22-1-8. 

2.40. "Section 502(b)(lO)" changes or "§502(b)(lO)" changes are changes that contravene an express 

permit tern. Such changes do not include chges that would violate applicable requirements or 

contravene enforceable permit tams and conditions fhat are monitoring (including test methods), recordkeeping, reporting, or compliance certif~cation requirements. 

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

provision in the Clean Air Act, or a .nationally-applicable regulation codified by the Administrator, that 

requires actual control of the quantity of emissions of that pollutant, and that such a control requirement 

has taken effect and is operative to control, limit or =strict the quantity of emissions of that pollutant 

released from the regulated activity. Except that: 

2.43.a. Greenhouse gases, the air pollutant defmerl in 40 CFR 986.1 8 18-12(a) as the aggregate 

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

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

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

COz equivalent emissions; and 

2.43.b. The term tpy C02 equivalent emissions (CGe) shalt represent an amount of GHGs 

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

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

published at Table A-1 to Subpart A of 40 CFR Part 98 - Global Warming Potentials, and summing the 

resultant value for each to compute a tpy C02e. For purposes of this subdivision, prior to July 21,2014, 

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

the combustion or decomposition of non-fossilized and biodegradable organic material originating from 

plants, animals, or micro-organisms (including products, by-products, residues and waste hm agriculture, 

forestry and related industries as well as the non-fossilized and biodegradable organic fractions of 

industrial and municipal wastes, including gases and liquids recovered fkom the decomposition of 

non-fossilized and biodegradable organic material). 

2.44. 'Title V operating permit" means a permit issued under the provisions of this rule. 

2.45. "Title V source" means a some required to obtain a Title V operating permit. 

2.46. "Volatile organic compound" (VOC) means the term as defined in 40 CFR 55 1.100(s). 

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

ascribed to them in W.Va. Code 922-5-1 et seq. and 40 CFR 970.2. 

3.1 . Permit requirement. 

3.1 .a. On and after the effective date of the operating permit program, no person shall violate any 

requirement of a permit issued under this rule nor shall any person operate any of the following sources, 

except in compliance with a permit issued under section 6: 
subject to regulations or requirements under 81 12(r) of the Clean Air Act; 

3. I .a.4. Any affected source; and 

3.1 .b. If, on the effective date of the operating permit program, a soure is not subject to enforceable 

emissions limitations or such other enforceable measures that require the continued operation and 

maintenance of air pollution control equipment andlor other operational limitations that make the source 

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

3.2. Exemptions and deferrals. 

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

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

Clean Air Act may be deferred by the Secretary on a specific source category basis fhn the obligation to 

obtain a Title V operating permit under this rule. Any such defenal by the Secretary shall be consistent 

with the timetable established by U.S. EPA for non-major sources to which this rule applies except as provided under subdivision 4.1 .a. 

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

some categories are exempted from the obligation to obtain a Title V operating permit: 

3.2.c.l. Ail sources and source agories that would be required to obtain a permit sosolely 

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

Residential Wood Heaters; and 

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

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

Air Pollutants for Asbestos, 40 CFR 961.145, Standard for Demolition and Renovation. 

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

subject to this rule may be deemed to be insignificant 

3.2.d.l. Flares used solely to indicate danger to the public. 

3.2.6.2. Combustion units designed and used exclusively for comfort heating that use liquid 

petroleum gas or natural gas as fuel. 

3.2.d.3. Comfort air conditioning or ventilation systems not used to remove air contaminants 

generated by or released from specific units of equipment
3.2.d.7. Air contaminant detectors or recorders, combustion controllers or shutofj%. 

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

equipment at the soume. 

3.2.6.9. Any consumer produd used in the same manuer as in normal consumer use, provided 

the use results in a duration and fkquency of exposure which are not greater than those experienced by consumers, and which may include, but not be limited to, personal use items janitorid cleaning supplies, 

office supplies and supplies to maintain copying equipment. 

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

the purpose of preparing food for human consumption. 

3.2.d.11. Portable generators. 

3.2.6.12. Firefighting equipment and the equipment used to train firef@~ters. 

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

3.2.e. Potential emissions fkom the units or activities listed under subdivision 3.2.6. shall not be 

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

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

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

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

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

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

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

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

3.3. Emission units and sources. 

3.3.a. For major sources, the Secretary shall include in the pennit all applicable requirements for all 

emission units in the major source. 

3.3.b. For any non-major source, the Secretary shall . include in the permit all applicable 

requirements for emission units that cause the source to be subject to this rule. 

3.4. Fugitive emissions. -- Fugitive emissions fiom a source subject to this rule shall be included in 

the pennit application and all operating permits issued under this rule in the same manner as stack 
4.1 .a. Timely application. 

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

existence on the effective date of the operating permit pmgram shall be submitted m accordance with the 

following schedule: 

4.1 .a. 1 .A.Applications for coal preparation plants as defined in 40. CFR M60.250 and 25 1, 

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

Subpart Y, and all other coal preparation plants which are major sources shall be submitted to the Secretary within ninety (90) days of the effdve date of the operating permit program. 

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

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

of the operating permit program. 

4.l.al.C.Applications for dl hot mix asphalt plants subject to the qhents of 40 CFR 

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

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

4.l.a.1,D.Appiications for glass man-g plants subject to this rule incIuding area 

sources subject to 40 CFR Part 60 Subpart CC shall be submitted to the Secretary within one hundred 

eighty (1 80) days of the efYective date of the operating permit program. 

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

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

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

4.1 .a1 .F. Application for all other stationary sources subject to this rule shall be submitted to 

the Seaetary within twelve (12) months of the effective date of the operating permit program. 

4.1.a.2, Sources required to meet requirements under 61 12(g) of the Clean Air Act, or to have 

a permit under the preconstruction review program approved into the State Implementation Plan under 

Parts C or D of Title 1 of the Clean Air Act, including 45CSR14 and 45CSR19, or any other source which 

becomes subject to this rule after the effective date of the operating pennit program shall file a complete 

application to obtain the Title V operating permit or permit revision within twelve (12) months after 

commencing operation. Where an existing Title V operating permit would prohibit such constnrction or change in operation, the some must obtain a permit revision before commencing operation or the source 

may apply for a single permit in accordance with aU applicable provisions and procedures of this rule and ail applicable preconstruction permitting rules. 

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hely promulgate a standard in accordance with the requirements of 51 12(e) of the Clean Air Act, the 

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

owner or operator of a source has submitted a timely and complete application for a permit required by 

section 4, any failure to have a permit shall not be a violation of the requirements of this rule, unless the 

delay in final action is due to the mure of the applicant to timely submit information reqM or requested 

by the Secretmy to process the application on foms to be made available by the Secretary. 

4. l .b. Complete application. - To be deemed complete, an application must provide all infixmation 

required putsuaut to subsection 4.3, except that applications for permit revision need supply such 

infmation only if it is related to the proposed change. I&ormation required under subsection 4.3 must be 

sufficient for the Secretary to evaluate the subject source and its application and to determine all applicable 

requirements. A responsible official shall certim the submitted information consistent with subsection 

4.4. Unless the Secretary determines that an application is not complete within sixty (60) days of receipt 

of the application, such application shall be deemed to be complete, except in the case of minor permit 

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

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

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

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

infmation is necessary to evaluate or take fd action on that application, the Secretary may request such 

infodon in writing and set a reasonable deadline for a response. The source's ability to operate 

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

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

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

4.1 .c. Confidential infition. - In the case where a some has submitted information to the State 

under a claim of confidentiality pursuant to W-Va. Code 922-5-10 and 45CSR3 1, the Secretary may also 

require the source to submit a copy of such inf-tiun directly to the U.S. EPA. 

4.2. Duty to supplement or correct application. - Any applicant who tXls to submit any relevant facts 

or who has submitted incorrect information in a pennit application shall, upon becoming awm of such 

failure or incorrect submittal, promptly submit such supplementary facts or corrected information. In 

addition, an applicant shall provide additional infodim as necessery to address any requirements that 

become applicable to the source after the date it filed a complete application but prior to release of a draft 

permit. 

4.3. Standard application form and required information. -- The Secretary shall provide for a standard 

application form or forms. Wormation, as described below, for each emissions unit at a source which is 

not insignificant as defmed in subdivision 3.2.d, shall be included in the application, except that a list of 

insignificant activities or emission units must be included in the application. An application shall contain 

all infodon necessary to determine the applicability of, or to impose, any applicable requirement, and to 
Code) including those associated with any proposed alternative operating scenario identified by the source. 

4.3 .c. The following emission-related infixmation: 

4.3.c.l. All emissions of pollutants fir. which the source is major, and all emissions of 

regulated air pollutants. A permit application shall describe all emissions of regulated air pollutants 

emitted from any emissions unit, except where such units qualify as insignifwant emission units as defmed 

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

activities defjned under subdivision 3.2.d, an applicant shall provide infodon regarding emissions to 

the extent requined under subdivision 3.2.e. The Secretary shall require additional information related to the emissions of air pollutants fllfficient to verify which requirements are applicable to the source, and other infonnation necessary to collect any permit fees owed under the fee schedule approved pursuant to section 8. 

4.3.c.2.. Identification and description of all points of emissions described in paragraph 4.3.c.1 

in sufficient detail to establish the basis for fees and applicability of reqments of this rule, W.Va. Code 

522-5-1 et seq., and the Clean Air Act. 

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

compliance consistent with the applicable standard refkrence test method. For emissions units subject to an 

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

cap, except where more specific infonnatiw is needed, including where necessary to determine andlor 

assure compliance with an applicable requirement. 

4.3.c.4. The following information to the et it is needed to determine or regulate emissions: 

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

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

monitoring devices or activities. 

4.3.c.6. Limitations on source operation affecting emissians or any work practice standards, 

where applicable, for all regulated pollutants at the source. 

4.3.c.7. 0th~ infonnation required by any appIicab1e requirements (including information 

related to stack height limitations developed pursuant to 9123 of the Clean Air Act and 45CSR20, 'Good 

Engineering Practices as Applicable to Stack Heights"), such as the location of emissions units, flow rates, 

building dimensions, and stack parameters (including height, diameter, and plume temperature) for a11 

regulated air pollutants. 

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

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4.3.d.3. A list of all effective air quality-=fated permits and orders and a list of all such permit 

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

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

requirements of the W.Va. Code s22-5-1, et seq. and 22-18-1, et seq. or the Clean Air Act or to 

determine the applicability of such requirements. 

4.3.f. An explanation of any proposed exemptions fiom otherwise applicable requirements. 

4.3.g. Additional information as determined to be necessary by the Secretary to define proposed 

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

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

implementing subsection 5.8 or subdivision 5.14, or define alternative equivalent emission limits pursuant 

to paragraph 5.1.a.3. The permit app1ication shall include documentation demonstrating that the source has 

obtained all aufhorization(s) required under the applicable requirements relevant to any proposed 

alternative operating scenario, or a certification that the source has submitted all relevant materids to the 

Secretary for obtaining such authorization(s). 

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

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

the source with respect to all applicable requirements, as follows: 

4.3 .h. 1 .A. For applicable requirements with which the source is in compliance, a statement 

that the source will continue to comply with such requirements. 

4.3.h.l.B. For applicable requirements that will become effective during the permit term, a 

statement that the source will meet such requirements on a timely basis. A statement that the source will 

meet in a timely manner applicable requirements that become effective during the permit term shall satisfl 

this provision, unless a more detailed schedule is expressly required by the applicable requirement. 

4.3.h.l.C. A schedule of compliance, including a narrative description of how the source 

will achieve compliance, for sources that are not in compliance with aU applicable requirements at the time 

of permit issuance. Such a schedule shall include a schedule of remedial measutes, including an 

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

for which the source will be in noncompliance at the time of permit issuance. This compliance schedule 

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

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

not sanctio~ noncompliance with, the applicable requirements on which it is based. 
4.3.h.2. A schedule for submission of c&ed progress reparts whexe applicable no less 

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

violation, a more frequent period no greater than once a month as specified by the s-. 

4.3.h.3. The &npliance plan content requirements sped&d in subdivision 4.31 shall apply 

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

specifically superseded by 45CSR33. 

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

4.3.i.1. A certification of compliance with all applicable requirements by a responsible official 

consistent with subsection 4.4 and 51 14(a)(3) of the Clean Air Act; 

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

monitoring, recordkeeping and reporting reqhents and test methods; 

43.i.3. A schedule for submission of compliance certifications during the permit tam, to be 

submitted no less firequently than annually, or more fi-equently if specified by the underlying applicable 

requirement or by the Sam, and 

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

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

Virginia Department of Environmental Protection. 

4.34. The use, where applicable, of nationally standaxdized forms for Title IV of the Clean Air Act 

portions of permit applications and compliance plans. . 

4.4. Any application form, report, or compliance certification submitted pursuant to this rule shall 

contain &cation by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under this rule shall state that, based on information and belief f-ed after 

reasonable inquiry, the statements and information in the document are true, accurate, and complete. 94530-5.Permit Content. 

5.1. Standard permit requirements. -- Each Title V operating permit issued under secti~n 6 shall 

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

elements: 

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

tbat assure compliance with all applicable requirements at the time of permit issuance. Such requirements 

and Limitations may include appmved replicable methodologies identified by the source in its permit 
term or condition is based. 

5.l.a2. The permit shall state that, where -applicable requirements of the Clean Air Act are 

more stringent than any applicable requirement of 45CSR33, both provisions shall be incorporated into the 

pennit and shall be enforceable by the Secretary and U.S. EPA. 

5.1 .a.3. If the rules promulgated by the Secretary pursuant to provisions of Title 1 of the Clean 

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

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

any permit contahhg such equivalency detem~on shall contain provisions to ensure that any resulting 

emissions limit has been demonstrated to be quantifiable, accountable, enforceable, and based on 

replicable procedures. 

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

sources regulated pursuant to this rule. 

5.1 .c. Monitoring and related recordkeeping and reporting requirements. 

5.1 .c. 1. Each permit shall conbin the following requirements with respect to monitoring: 

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

the applicable requirements, including any procedures and methods promulgated pursuant to 9§504@) or 

1 14(a)(3) ofthe Clean Air Act; 

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

or noninstrumental monitoring (which may wnsist of recordkeeping designed to serve as monitoring), 

periodic monitoring sufficient to yield reliable data fiorn the relevant time periods that are representative of 

the source's compliance with the permit, as reported pursuant to paragraph 5.l.c.3. Such monitoring 

requirements shall assure use of terms, test methods, units, averaging periods, and other statistical 

conventions consistent with the applicable requirement. Recordkeeping provisions may be sufficient to meet the requirements of this paragraph 5.1 .c. 1; and 

5.1.c.l.C.A~ nksary, requirements concerning the use, maintenance, and, where 

appropriate, installation of monitoring equipment-or methods. 

5.1.c.2. With respect to recmdkeeping, the permit &all incorporate all applicable 

recordkeeping requirements and require the following: 

5.1 .c.2.A.Records of monitoring Somation that include the following: 
5.1 .c.2.A.5. The results of such analyses. 

5.l.c.2.A.6. The operatjng conditions existing at the the of sampling or measurement. 

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

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

Support information includes all calibration and maintenance records and dl original strip-chart recordings 

for continuous monito&g instrumentation, and copies of all reparts required by the permit. Where 

appropriate, the permit may allow records to be maintained in computerized fonn in lieu of the above 

records. 

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

requirements and require the following: 

5.1 .c.3.A. Submittal of reports of any required monitoring at least every six (6) months, but no 

more ob than once per month. All instances of deviations hm permit requiremats must be clearly 

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

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

coincide with other periodic reports required by the permit, including the permi-s' compliance 

certifications. 

S.l.c.3.B.Reporting of deviations from pennit requirements, including those attributable to 

upset conditions as defined in the pennib the probable cause of such deviations, and any carrective actions 

or preventive measures taken in accordance with any rules of the West Virginia Department of 

Environmental Protection. 

5.l.c.3 .C.h addition to monitoring reports required by the permit, supplemental reports and 

notices are deemed to be prompt if submitted in the following hhion: 

5.1 .c.3 .C. 1. Any deviation resulting hm an emergency or upset condition, as defied in 

subsection 5.7, shall be reported by telephone or telefax within one (1) working day of the date on which 

the pennittee becomes aware of the deviation, if the permittee desims to assert the afEmative defense 

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

such deviations, and any col7ective actions or preventive measures taken, shall be submitted and certified 

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

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

health, safety, or the environment shall be reported to the Secretary immediateIy by telephone or telefsx. 

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

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and any corrective actions or preventative measures taken. 

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

official. 

5.1 .c.3 .E. A pennittee may request cogidential treatment for information submitted under this 

subsection pursuant to the limitations and procedures of W.Va. Code S22-5-10 and 45CSR3 I. 

5.l.d. A permit condition prohibiting emissions exceeding any allowances that the some Iawfhlly 

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

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

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

require a permit revision under any other applicable requirement. 

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

may not, however, use allowmcxs as a defense to nmcomptiance with other qplicable requirement. 

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

rules promulgated under Title IV of the Clean Air Act. 

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

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

5.1 .f. Provisions statiug the following: 

51.1 Duty to comply. -- The permittee must comply with all conditions of the Title V 

operating permit. Any permit noncompliance constitutes a violation of the Code of West Virginia and 

Clean Air Act and is grounds for enforcement action by the Secretary or U.S. EPA, for pennit tamination, 

revocation and reissuance, or modification; or for denial of a permit renewal application. 

5.1 .f.2. Need to halt or reduce activity not a defense. -- It shall not be a defense for a permittee 

in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order 

to maintain compliance with the conditions of the pennit. However, nothiig in this paragraph shall be 

construed as precluding consideration of a need to halt or reduce activity as a mitigating factor in 

determining penalties for noncompliance if the health, safety, or environmental impacts of halting or 

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

5.1 .f.3. Pennit actions. - The permit may be modified, revoked, reopened and reissued, or 

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

reissuance, or termination, or of a notification of planned changes or anticipated noncompliance does not 
pennit. Upon request, the permittee shall furnish to the Serretary copies,of records required to be kept by 

the permit. For information claimed to be confidential, the permittee shall furnish such records to the 

S- and diiy to U.S. EPA along with their claim of confidentiality. . 

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

with section 8. 

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

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

processes for changes that are provided for in the permit and that are in accordance with all applicabb requirements. 

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

the source in its application and which m appmved by the Secreta~~. Such terms and conditions: 

5.1 .i.l. Shall require the source, mntempol~lneously with making a change hm one operating 

scenario to mother, to record in a log at the permitted facility a record of the dternative operating scenario 

under which it is operating.; 

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

under each such alternative operating Mo; and 

5.1.i.3. Shall ensure that the terms and conditions of each such altemative opemtiug scenario 

meet all applicable requimnents and the requirements of this rule. The Secretary shall not approve a 

proposed alternative opefating scenario into the permit until the source has obtained all authorizations 

required under any applicable requirement relevant to that alternative operating scenario. 

5. Ij. Terms and conditions, if the permit applicant requests them, for the trading of emissions 

increases and decreases in the permitted facility, to the extent that the applicable requirements pmvide for 

ding such increases and denesses without a case-by-case appd of each emissions trade. Such terms 

and conditions: 

5.lj.l. Shall include all terms required under subsections 5.1 and 5.3 to determine 

compliance; 

5.12 Shall extend the permit shield described in subsection 5.6 to all terms and conditions 

that allow such increases and decreases in emissions; and 

5 1.3. Shall meet all applicable requirements and requirements of this rule. 

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

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

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

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

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

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

with respect to compIiance: 

5.3 .a. Consistent with subdivision 5.1 .c : compliance certification, testing, monitoring, reporting, 

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

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

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

5.3.b. Inspection and entry requkments that require that, upon presentation of credentials and other 

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

the Secretary to pdorm the following: 

5.3.b.1. At all reasonable times (including all times in which the fdity is in operation) enter 

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

records must be kept under the conditions of the p-, 

5.3.b.2. Have access to and copy, at reasonable times, any records that must be kept under the 

conditions of the permit; 

5.3.b.3. Inspect at mabb times (including all times in which the facility is in operation) 

any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit; and 

5.3.b.4. Sample or monitor at reasonable times substances or parametexs to determine 

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

discharged. 

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

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

to be submitted at least semi&udly, or at a more frequent period if specified in the applicable 

requirement or by the Secretary. Such progres's reports shall contain the following: 
5.3.e.1. The fiesuency (not less than annually or a more frequent period as specified in the 

applicable requirement or by the Swmtary] of submissions of compliance &cations; 

5.3.e.2. In accordance with subdivision 5.l.c, a means for assessing or monitoring the 

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

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

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

certiticatim; 

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

for determining the compliance status with each term and condition during the dcation period, as 

shown by test or monitoring data, records, and other information reasonably available to the permittee. Such methods and dher means shall include, at a minimum, the methods and means required under 

subdivision 5.1 .c; 

5.3.e.3.C.The status of campfiance with the terms and conditions of the permit fm the period 

covered by the certification, including whether compliance during the period was continuous or 

intermittent. The certilTcation shall be based on the method or rneans designated in subparagraph 

5.3.e.3.B. The certification shall identi* each deviation and take it into account in the compliance 

certification. The certification shall also identifjr as possible exceptions to compliance any periods during 

which compliance is required and in which an excursion or edance as defined under 40 CFR Part 64 occurred; and 

5.3.e.3.D.Such other facts as the Secretary may require to determine the compliance status of 

the source; 

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

the Secretary; and 

5.3.E Such ether provisions as the Secretary may require to determine the compliance status of the 

source. 

5.4. General permits. 

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

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

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

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

category; 

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

categories of changes to permitted sources; 

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

existing permits; and 

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

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

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

4. The Secre&uy may, in the general permit, provide for applications which deviate fiom the 

requirements of section 4, provided that such applications meet the requirements of Title V of the Clean Air Act, and include a11 information necessary to determine qualification for, and to assure compliance with, the general permit. The Secretary may grant a request for a source to operate under a general permit 

without repeating the public participation procedures as required by subsection 6.8, and such grant shall 

not be a final permit don for judicial review. 

5.4.d. The Secretary shall act within ninety (90) days to approve or deny a request to be covered 

under a general permit. 

5.4.e. A source may apply for coverage under a general permit for some emissions units or activities 

even if the source must file a sourcespecific pennit application for other emissions units or activities. In 

the event that both a general permit and a so~specific permit are granted to the same source, the 

sourcespecific permit shall incorporate the applicable general pdt(s). 

5.4.e. 1. In the event that a source is issued a general permit for one or more emissions units at a 

source, any subsequent application for a som-specific permit shall include the source subject to the 

general permit. The incorpdon of the general permit into the source-specific application shall subject 

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

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

under a so~specific permit hall be void upon the issuance of such source-specific permit and the terms 

and duration of such source-specific permit shall then control. 

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

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

source-specific permit. The general permit source shall be included in the renewal application for the 
shall include provisions that will assure campliance with all applicable requirements at all authorized 

locations. The owner or operator shall noti@ the Secretary at least ten (10) days in advance of each 

change in location. 

5.6. Pennit shield. 

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

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

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

5.6.a. 1. Such applicable requirements are included and are specifically identified in the permit; 

or 

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

that 0th requirements specifically identified are not applicable to the source, and the permit includes such 

a determination m a concise summary thereof. 

5.6.b. A Title V operating that does not expressly state that a permit shield exists shall be 

presumed not to provide such a shield. . 

5.6.c. Nathing in subsection 5.6 or in any Title V operating permit shall alter or affect the 

following: 

5.6.c.l. The liability of an owner or operator of a source for any violation of applicable 

requirements prior to or at the time of permit issuance; or 

5.6.c.2. The applicable requirements of the Code of West Virginia and Title IV of the Clean 

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

5.6.c.3. The authority of the Administrator 0fU.S. EPA to require information under 51 14 of 

the Clem Air Act or to issue emergency orders under S303 of the Clean Air Act. 

5.7. Emergency provision. 

5.7.a. Definition. -- An "emergency" means any situation arising from sudden and reasonably 

unforeseeable events beyond the control of the some, including acts of God, which situation requires 

immediate comtive action to restore nonnal operation, and that causes the source to exceed a 

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

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

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

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

emergency; 

5.7.c.2. The permitted facility was at the time being properly operated; 

5.7.c.3. During the period of the emergency the permitlee took all reasonable steps to minimize 

levels of emissions that exceeded the emission standards, or other requirements in the pemic and 

5.7.c.4. Subject to the requirements of part 5.l.c.3.C.1, the pmnittee submitted notice of the 

emergency to the Secretw within one (1) working day of the the when emission limitations were 

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

notice, report, and variance request filfills the requirement of subparagraph 5.l.c.3.B. This notice must 

contain a detailed description of the emergency, any steps taken to mitigate emissions, and corrective 

actions taken. 

5.7.d. In any enforcement proceeding, the permittee seeking to establish tZle occurrence of an 

emergency has the burden of proof. 

5.7.e. This provision is in addition to any emergency or upset provision contained in any applicable 

requirement. 

5.8. - Operational flexibility. -- Each permit issued under this rule shall provide that a permittee may 

make changes within the facility, as provided by §502(bX10) of the Clean Air Act. Such operational 

flexibility shall be provided in the pennit in conformance with the permit application and applicable 

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

Act promulgated by the Secretary (including 4SCSR14 and 45CSR19), and the change shall not result in a 

level of emissions exceeding the emissions allowable under the pennit. 

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

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

will occur, any changes in emissions, and any permit terms and conditions that are &d. The permittee 

shzdl thereafter maintain a copy ofthe notice with the pennit, and the Secretary shall place a copy with the 

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

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

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

conditions posing a significant health, safety, or environmental hazard. If less than seven (7) days notice is provided because of a need to respond more quickly to such unanticipated conditions, the permittee. shall 

provide notice to the Secretary and U.S. EPA as soon as possible after learning of the need to make the 

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

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

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

the permittee complies with the terms and conditions of the permit applicable to such operations and 

emissions. The permit shield may be reinstated for emissions and operations ~~ by the change: 

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

authorized in the permit and the permittee resumes compliance with the terms and conditions of the permit, 

or 

5.8.c.2. If the permittee obEains W approval of a significant modification to the permit to 

incorporak the change in the permit. 

5.8.d. Upon the request of a perinit applicm4 the Secretary may issue a permit that contains terms 

and conditions allowing for the trading of emissions increases and decreases in the permitted facility solely 

for the purpose of complying with a federally-enforceable emissions cap that is established in the permit 

independerrt of othefwise applicable requirements. The permit applicant shall include in its application 

proposed replicable pmceduxes and permit terms that assure that tbe emissions trades are quantifiable, 

accountable, enforceable, and replicable, and comply with all applicable requirements and subdivision 

51 The pennit shield under subsection 5.6 shall apply to permit terms and conditions authorhing such 

increases and decreases in emissions. The written notification required above shall state when the change 

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

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

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

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

to be construction nor modification under any rule promulgated by the Secretary without obtaining an amendment or modification of its permit. Such changes shall be subject to the following requirements 

and restrictions: 

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

term or condition. 

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

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

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

requirement that would apply as a result of the change. 

5.9.c. The change shall not qualify for the permit shield. 
5.9.f. No pennittee may make any changes which would require preconstruction review under any 

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

subsection 5.9. 

W5-30-&Permit Issuance, Renewal, Reopenfngs and Revisions. 

6.1. Action an application. 

6.l.a. A pexmit, permit modification, or renewal may be issued only if all of the following 

conditions have been met: 

6.1 .a.l. The Secretary has received a complete application for a permit, permit modification, or 

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

under subsection 5.4; 

6.1~2. Except for modifications qualifjrhg for minor permit modification procedures under 

subdivision 6.5.h the Secretary has complied with the public participation procedures for permit issuance 

specified under subsection 6.8; 

6.l.a.3. The Secretary has complied with the requirements for notifying and responding to 

affb3e-d States as required by subsation 7.2; 

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

and the requirements of this rule; and 

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

subsections 7.1 and 7.2 to U.S. EPA, and U.S. EPA has not objected to issuance of the permit under 

subdon 7.3 within the time period specified therein. 

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

be required by 45CSR33, the Secretary shall take final action on each pennit application within twelve (12) months after the application is deemed complete. 

6.1s. Priority shall be given to taking action on applications for construction or modification under 

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

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

Semetary requests additional information or otherwise notifies the applicant of incompleteness within sixty 

(60) days of receipt of an application, the application shall be deemed complete. No completeness 

determination need be mde for minor permit modification applications pursuant to subdivision 6.5.a. 
all preconsttuction pennits required under the rules of the West Virginia Department of Environmental 

Protection except that a source may, with approval of the Secretary, elect to file a single permit application to obtain any required preconstnrction permits and a Title V operating permit or permit revision, if the 

procedures required by the applicable preconsbuction rule and all requirements of the precmstruction 

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

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

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

timely and complete application under this rule except in compliance with an effective permit under this 

rule. If a source submits a timely and complete application for permit issuance (including for renewal), 

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

final acticm on the permit application, except as noted in this subsection. This protection shall cease to apply if, subsequent to the completeness detenninatim made pursuant to subdivision 6.1 .d arid as required 

by subdivision 4.1 .by the applicant fails to submit by the deadline specified in writing by the Secretary any 

additional infntion iden=ed as being needed to process the application. 

6.3. p&t renewal and expiration. 

6.3.a Permits being renewed are subject to the same procedural requkmentq including those for 

public participation, that apply to initial pmit issuance. 

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

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

6.3.c. If the Secretary f~ls to take fmal action to deny or approve a timely and compleM permit 

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

permit has been issued or denied, and any permit shield granted for the permit shall continue in effect 

during that time. 

6.4. Administrative permit amendments. 

6.4.a. An "administrative permit amendment" is a permit revision that 

6.4.a. 1. Comts typographical errow; 6.4.a.2. Iden=es a change in the name, address, or phone number of any person identified in 

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

6.4.a.3. Requires more frequent monitoring or reporting by the permittee; 

6.4.a.4. Allows for a change in ownership or operational control of a source where the 

Secretary determines that no other change in the permit is necessary

provided that a written agreement 
6.4.a.6. Is approved pursuant to 45CSR33. 

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

following: 

6.4.b.l. The Secretary &a11 take no more than sixty (60) days from receipt of a request for an 

administrative permit amendment to take fmal action on such request, and may incorporate such changes 

without providing notice to the public or affected states provided that the Secretary designates any such 

permit revisions as having been made pursuant to subsection 6.4. 

6.4.b.2. The Secretary shall submit a copy of the revised permit to the U.S. EPA. 6.4.b.3. The source may implement the changes addressed in the request for an administrative 

amendment immediately upon submittal of the request. 

6.4.c. The Secretmy may, upon taking final action granting a request for an administrative permit 

amendment, allow coverage by the permit shield in subsection 5.6 for administrative permit amendments 

made pursuant to paragraph 6.4.a.5, which meets the relevant requirements of sections 5, 6, and 7 for 

significant permit modifications. 

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

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

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

permit shall be governed by 45CSR33. 

6.5.a. Minox permit modification procedures. 

6.5.a.l. Criteria 

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

modifications that: 

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

recordkeeping requirements in the permit; 

6.5.a.l.A.3. Do not require or change a case-by-case determination of an emission 

litation or other standard, or a source-specific determination for temporary sources of ambient air quality 

impacts, or a visibility or increment analysis; 
6.5.a.l.A.5. Do not involve preconstmction review under Title I of the Clean Air Act or 

45CSR14 and 45CSR19; and 

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

significant modification. 

6.5.a. 1 B.Notwithstanding subparagraph 6.5.a. 1 .A, minor permit modification procedures 

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

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

procedures are explicitly provided for in rules of the West Virginia Departmat of Environmental 

Pratecticm which are approved by U.S. EPA as part of the State Implementation Plan under the Clean Air 

Act, or which may be otherwise provided for in the Title V operating pmit issued under this mle. 

6J.a.l.C.When a permit is modified, only the conditions subject to moditicatiun can be 

reopened, and all other conditions of the permit remain in effect. 

6.5.a.2. Application. -- An application requesting the use of minor pennit modification 

procedures shall meet the requirements of subsection 4.3 and shall include the following: 

6.5.a.Z.A.A description of the change, the emissions resulting hm the change, and my new 

applicable requirements that will apply if the change occurs; 

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

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

proposed modification meets the criteria for use of minor permit modification procedures and a request that 

such procedures be used; and 

6.5.a.2.D.Complete.d forms for the Secretary to use to not@ U.S. EPA and aected strites as 

required under section 7. 

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

complete pdt modifidon application, the Secretary shall meet the obligation under subdivisions 7.1 .a and 7.2.a to noti@ U.S. E,PA and afkzted states of the requested permit modification. The proposed 

permit shall be the same as the draft permit for this purpose. The Secretary shall promptly send any 

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

return receipt requested. 

6.5.a.4. Timetable for issuance. -- The Secretary shall not issue a final permit modification 

until after U.S. EPA's forty-five (45) day review period or until U.S. EPA has notifled the Secretary that 

U

S

EPA will not object to the issuance of the permit modification

whichever is first

although the 
6.5.a.4.B.Deny the permit modification application; 

6.5.a.4.C.Determine that the requested modification does not meet the- minor permit 

modification procedure criteria and should be reviewed under the signZcant modification procedures; or 

6.5.a.4.D.Revise the draft permit modification and transmit to U.S. EPA, and, if appropriate, 

affected states, the new propod permit modification in accordance with subdivisions 7.1.a and 7.2. In 

the event that draft permit modifications are made, the Secretary shall utilize the same procedures outlined 

in paragraph 6.5~4. 

6.5.a.5. Permittee's ability to make change. -- A permittee may not make a change to a source 

proposed in a minor pdt modification application unless it has submitted the permit application art least 

seven (7) days prior to making the proposed change. After the source makes the proposed change 

allowed by the pnxxding sentence, and until the Secretmy takes any of the actions specified in 

subparagraphs 6.5.a.4A through 6.5.a.4.CY the source must comply with both the applicable reqdents 

governing the change and the proposed permit terms and conditions. During this time period, the source 

need not comply with the existing permit terms md conditions it seeks to mode. However, if the som 

fails to compiy with its proposed permit terms and conditions during this time period, the existing permit 

terns and conditions it seeks to mdi may be enforced against it and violation of the proposed terms and 

conditions is relevant in considering any sanction. 

6.5.a.6. Pennit shield. - The permit shield under subsection 5.6 shall not extend to minor 

permit modifications. 

65 .b. Significant modification procedures. 

6.5.b.l. Criteria. - Significant modification procedures shall be used for applications 

requesting signscant permit modifications that do not qualify as minor permit modifications or as 

administrative amendments including, but not limited to, the folIowing: 

6.5.b.l.A. Modifications under any provision of Titb I of the Clean Air Act, except those 

that qualify for processing as administrative permit amendments under subsection 6.4 or any rule of the 

Secretary required under Title I of the Clean Air Act, 

6.5.b.l.B. A significant change in existing monitoring pennit terms or conditions, or 

constitute a relaxation of reporting or recordkeeping permit terms or conditions; 

6.5.b.l.C. A change to a case-by-case determination of an emission limitation or other 

standard, or a source-specific determination for temporary sources of ambient impacts, or a visibility or 

increment analysis; 
6.5.b.2. Significant permit mdicatims shall meet all requirements of section 6, including 

those for applications, for public participation, review by affeckd states and review by U.S. EPA as they 

apply to permit issuance and permit renewal. The Secretary shall complete the review process for 

si@cant permit modifications within six (6) months after receipt of a complete application. 

6.6. Reopening for cause. 

6.6.a. Each issued permit shall include provisions specifjhg the conditions under which .the permit 

will be opened prior to the expiration of the permit. A permit shall be reopened and revised under any of 

the following circumsCances: 

6.6~~1. Additional applicable requirements under the Clean Air Act or the Secretary's rules 

become applicable to a major source with a remaining permit term of three (3) or more years. Such a 

reopening shall be compIeted not later than eighteen (18) months after promulgation of the applicable 

requirement. No such reopening is required if the effective date of the requirement is later than the date 

on which the permit is due to expire, unless the original permit or any of its terms ad conditions has been 

extended pursuant to one of the following: 

6.6.a.l.A.The pennit shall not expire until the renewal permit has been issued or denied and 

any pamit shield that may be granted pursuant to subdon 5.6 may extend beyond the original permit 

term until renewaI; or 

6.6.a 1 .B.A11 the terms and conditions of the permit including any permit shield that may be 

granted pursuant to subsection 5.6 shdl remain in eff'ect until the renewal permit has been issued or denied. 

6.6.a2. Additional requirements (including excess missions requirements) become applicable 

to an affected source under 45CSR33 and Title N of the Clean Air Act or other rules of the West Virginia 

Dep-ent of Environmental Protection. Upon approval by U.S. EPA, excess emissions offset plans 

shall be incorporated into the permit. 

6.6.a.3. The Secretary or U.S. EPA determines that the permit contains a material mistake or 

that inaccm statements were made in establishing the emissions standards or other terms or conditions 

of the permit. 

6.6.a.4. The Secretary or U.S. EPA determines that the permit must be revised or revoked and 

reissued to assure compliance with the applicable requirements. 

6.6.b. Proceedhgs to reopen and issue a permit shall follow the same procedures as apply to initial 

pennit iss

ance and shall affect onl

those parts of the permit for 

hich ca

se to reopen exists

Such 
shield provided in the permit, unless the Secretary specifically suspends the shield upon a fmcling that such 

suspension is necessary to implement applicable requirements. 

6.7. Reopenings for cause resulting hm U.S. EPA notice. 

6.7.a. The Secretary shall, withjn ninety (90) days &r receipt of a notification fbm U.S. EPA that 

cause exists to terminate, modify, or revoke and reissue a permit, forward to U.S. EPA a proposed 

determination of termination, modification, or revocation and reissuance, as is appropriate. The Secretary 

may request an ex$ension of this ninety (90) day period for an additional ninety (90) days if the Secretary 

finds that a new or revised permit application is necessary or that the Secretary must require the permittee 

to submit additional information. 

6.7.b. The Secretary shall have ninety (90) days hm receipt of a U.S. EPA objection to resolve any 

objection that U.S. EPA makes and to terminate, modifl, or revoke and reissue the permit in accordance 

with U.S. EPA's objection. In accordance with the Clem Air Act and fdral rules promulgated 

thereunder, U.S. EPA has authority to termhate, modify, or revoke and reissue a Title V operating permit 

after failure of the State and permit holder to resolve a U.S. EPA objection and upon proper notice to the 

permit holder. 

6.8. Public participation. -- Except for modifications qualmg for minor permit modiiTcation 

procedures, all permit proceedings, including initial pennit issuaace, signiscant modifications, and 

renewals, shall provide adequate procedures for public notice including offering an opportunity for public 

comment and a hearing on the draft permit. These procedures shall include the following: 

6.8.a. Public notice. 

6.8.a.l. Swpe: 

6.8.a.l .A.Public notice shall be given that the following adions 

have occurred: 

6.8.a. 1 .A. 1. A draft permit has been prepared, and 

6.8.a. 1 .A.2. A hearing has been scheduled pursuant to subparagraph 6.8.a.2.B. 

6.8.a. 1 .B.Public notices may describe more than one (I) permit or permit p&. 

6.8.a.2. Timing. 

6.8.a.2.A.Public notice of the preparation of a draft pennit shall allow at least thirty (30) days 
6.8.a3. Methods. -- Public notice sball be given by the foIlowing methods: 

6.8.a.3.A.B~ mailing a copy of a notice to the following persons (any person othemise 

entitled to receive notice under this subparagraph may waive his or her rights to receive notice for my 

classes and categories or permits): 

6.8.a.34.1. The applicant; 6.8.a.3A.2. Any other State or Federal agency which the Secretary knows has issued or is 

required to issue a permit for the same facility or activity under the Federal Resource Conmation and Recovery Act (Ro or other relevant statutes; 

6.8.a.3.A.3. Federal, State, and interstate agencies with jurisdiction over public health 

and the environment, the State Historic Preservation Unit of the Department of Culture and History when 

new site acquisition is involved, and other appropriate government authorities, including the Federal Land 

Manager when Federal Class I areas, as dehed in 45CSR14, are potentially affd, 

6.8.a.3.A.4. Persons on a mailing list developed by: 

6.#.a.3.A.4.(a). Fncluding those who request in writing to be on the fist; 6.8.a3.A.4.(b). Soliciting persons for "area lists" fbm participants in past permit 

proceeding in that area; and 

6.8.a.3.A.4.(c). Notifying the public of the opportunity to be put on the mailing list 

though periodic publication in the public press and in such publications as regional and State funded 

newsletters or environmental bulletins. (Tbe Secretq may update the mailing List hm time to time by 

requesting written indication of continued interest from those listed. The Secretary may delete fbm the 

list the names of any person who fails to respond to such a request.) 

6.8.a.3.A.5. Any unit of local government having jurisdiction over he area where the 

EaciJity is proposed to be located. 

6.8.a.3.B.B~ the Secretary publishing the public notice as a Class I legal advertisement in a 

newspaper in general circulation for the county where the emission will occur. 

6.8.a.3.C.Any other method -ably calculated to give actual notice of the action in 

question to the persons potentially affect. by it, including press releases or any other fonun or medium to 

elicit public participation. 
6.8.a.4.A.2. Name and address of the permittee or permit applicant and, if different, of 

the facility or activity regulated by the permit, except in the case of general permits; 

6.8.a.4.A.3. A brief description of the busjness conducted at the facility or activity 

described in the permit application or in the draft permit, when there is no application; 

6.8.a.4.A.4. Name, address, and telephone number of a person hm whom interested 

persons may obtain further Sonnation, including copies ,of the draft permit or draft general pennit, fact 

sheet, and the application; 

6.8.a.4.A.5. A brief description of the comment procedures required by subdivisions 

6.8.b and 6.8.c and the time and place of any hearing that will be held, including a statement of procedures 

to request a hearing (unless a hearing has already been scheduled) and other procedures by which the 

public may participate in the final permit decision; and 

6.H.a.4.B.Public notices for hearings. -- In addition to the requirements of subparagraph 

6.8.a.4.A, public notice of a hearing shall contain the following infmation: 

6.8.a.4.B.1. Refmce to the date of previous public notices relating to the permit; 

6.8.a4.B.2. Date, time, andplaceofthehmiag; and 

6.8.a.4.B.3. A brief description of the nature and purpose of the hearing, including the 

applicable rules and procedures. 

6.8.a.4.C.111 addition to the general public notice described in subparagraph 6.8.a.4.A, all 

persons identified in paragraph 6.8.a.3 shall be mailed a copy of the hct sheet, if any, and notification of 

where to inspect or how to receive a copy of the draft permit and application. 

6.8.b. Public comments and requests for public hearings. - During the public comment period 

provided under subdivision 6.8.q any interested person may submit written comments on the draft -it 

and may request a public heating, if no public hearing has already been scheduled. The Secretary shall grant such a request for a hearing if he concludes that a public hearing is appropriate after consideration of 

the criteria in paragraph 6.8.c.l. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hewing. All comments shall be considered in making the final decision and shall be responded to as provided in subdivision 6.8.c. 

6.8.c. Public hearings. 

6.8.c.l. The Secretary shall hold a public hearing whenever he or she fmds, on the basis of 
6.8.c.3. A recording or written transcript of the hearing shall be made available to the public, 

upon request. 

6.8.c.4. Any public hearing required under the provisions of subsection 6.8 shall be held in the 

general area or the county in which a facility is ld. 

6.8.d. Reopening of the public comment period. 

6.8.d.l. If any data, information or arguments submitted during the public comment period 

raise substantial new questions concerning a permit, or if as a resuit of comments submitted by sameone 

other than the permit applicant, the Serretary determines to revise any condition of the that has been 

subject to initial public notice, the Secretary shall take one (1) or more of the following actions: 

6.8.d. 1 .A. Prepare a new draft permit, appropriately modified, under section 5; 

6.8.d.l.B. Prepare a revised kt sheet under subsection 6.9; or 

6.8.d.l.C. Reopen or extend the comment period under subdivision 6.8.a. to give interested 

persons an opportunity to comment on the infarmation or arguments submitted. 

6.8.d.2. Comments filed during the reopened cmment period shall be limited to tbe substantial 

new questions that caused its reopening. The public notice shall define the scope of the reopening. 

6.8.e. Response to comments. 

6.8.e.l. At the time tbat any fkal permit is issued, the Secretary shall issue a response to 

comments. This response shall: 

6.8.e.l.A.Specify which provisions, if any, of thk draft pennit have been changed in the final 

permit decision, and the reasons for the change; and 

6.8.e.l.B.Briefly descriie asld respond to all significant comments on the drsR permit raised 

during the public comment period, or during any hearing. 

6.8.e.2. The response to comments &all be delivered to any person who commented or any 

person who requests the same. 

6.9. Fact sheet. 

6.9.a. A fact sheet shall be prepared for every-draft permit (including general permits) and for every 

hility or acti

it

s

bject to this r

le

The kt sheet shall briefly set farth the principal facts and the 
upon request. 

6.9.c. The fact sheet shall include, when applicable: 

6.9.c.1. A brief description of the type of facility or activity which is the subject of the draft 

pemit; 

6.9.c.2. The type and quantity of emissions which are proposed to be or are being discharged; 

6.9.c.3. A brief summary of the basis for the draft permit conditions including references to 

applicable statutory or regulatory provisions; 

6.9.c.4. Reasons why any requested variances or alternatives to required standards do or do not 

appear justified; 

6.9.c.5. A description of the procedures for reach'mg a final decision on the draft permit 

including; 

6.9.c.5 AThe beginning and ending dates of the comment period under subdivision 6.8.a and 

the address whem comments will be received; 

6.9.c.S.B.kedures for requesting a hearing and the nature of that hearing; and 

6.9.c.5 .C.Any other procedures by which the public may participate in the final decision. 

6.9.c.6. Name and telephone number of a person to contact for additional information; 

6.9.c.7. Any calculations or other necessary explanation of the derivation of specific emissions 

limitations and conditions including a citation to the applicable emission regulations, control technology 

guideline, or performance standard provisions and reasons why they are applicable or an @don of 

how any alternative emission limitations were developed; and 

6.9.c.8. When appropriate, a sketch or detailed description of the location of the emission 

SOUIY:~(S) described in the application. 

54530-7.Permit Review by U.S. EPA and Affected States. 

7.1. Transmission of information to U.S. EPA. 

7.1 .a. The Secretary shall provide to the U.S. EPA a copy of each permit application (including any 
7.1.b. The Secretary shall retain for five (5) years such records and submit to U.S. EPA such 

information as U.S. EPA may reasonably require to ascertain whether the state Title V operating pennit 

program complies with the requirements of the Clean Air Act. 

7.2. Review by affected states. 

7.2.a. The Semtay shall give notice of each draft permit to my affected state on or before the time 

that the Secretary provides this notice to the public under subsection .6.8, except to the extent subdivision 

6.5.a allows the timing of the notice to be diffkrent. 

7.2.b. The Secretary, as part of the submittal of the proposed permit to U.S. EPA, (or as soon as 

possible after the submittal for minor permit modifidon procedures allowed under subdivision 6.5.a) 

shall notify U.S. EPA and any affected state in writing of any refusal by the Secretmy to accept 

recommendations for the proposed permit that the dkted state submitted during the public or affected 

state miew period. The notice shall include the Secretary's reasons for not accepting any such 

recommendation. The Secretary is not required to accept recorrunendations that are not based on 

applicable requirements or the requirements of this rule. 

7.3. U.S. EPA objection. 

7.3.a. A pennit shall not be issued by the Secretary if U.S. EPA objects in writing to the issuance of 

the permit within forty-five (45) days of the receipt of the proposed permit ad all necessary supporting 

information pmant to §505 of the Clean Air Act. 

7.3.b. For cansideration by the Serretary as a U.S. EPA objection under subdivision 7-34 the 

, objection must contain a statement of U.S. EPA's reasons for objection and a description of the terms and 

conditions that U.S. EPA believes the permit must include to respond to the objections. 

7.4. Public petitions to the U.S. EPA. - If the U.S. EPA does not object in writing under subsection 

7.3, any person may petition U.S. EPA within sixty (60) days aRer the expiration of U.S. EPA's forty-five 

(45)-day review period to make such objection. Any such petition shall be based only on objections to 

the permit that were raised with reasonable specificity during the public comment period provided for h 

subsection 6.8, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection mse after such period. If the U.S. EPA objects to 

the permit as a result of a petition filed under this subsection, the Secretary shall not issue the permit until 

U.S. EPA's objection has been resolved, except that a petition for review does not stay the effectiveness of 

a permit or its ~quimnents if the pennit was issued after the end of the forty-five (45)day review period and prior to an U.S. EPA objection. In accordance with the provisions of the Clean Air Act and federal 

rules promulgated thereunder, U.S. EPA may issue, deny, modify, terminate, or revoke a Title V permit 

upon failure of the Secretary to resolve a U. S. EPA objection to a proposed pennit or if the Secretary 

issues a permit prior to the mipt of a U.S. EPA objection under subsections 7.3 and 7.4. 
an operating permit under this rule shall pay fees in accordance with the following: 

8.1.a. Transition fees. -- Annual fees for all stationary sources shall be due on or before July 1, 

1994, in the mount of fifteen (15) dollars per ton for actual emissions of all regulated pollutants (for fee 

calculation) discharged during the calendar year 1993. 

8.l.b.' Title V operating permit fees. -- On 1, 1% Juh, 1. 2015, and on July 1 of each year 

thereafter annual fees for all stationary sources requiring Title V operating permits shall be 

twentv-ei&t (281 dollam per ton subject to an adjustment enumerated in subdivision 8.l.c, for actual 

emissions of all regulated pollutants (for fee calculation) discharged during the most recent calendar year or portion thereof. 

8.l.c. On or before May 1, 1995 and each May 1 themdk, the Secretary shall determine whether 

to adjust the fees required under subdivision 8.l.b to adequately rdect the reasonable cost of the Title V 

operating pennit program. The Secretary may make such an adjustment in fees of up to $2 per ton. The 

fees adjusted pursuant to this subdivision are not cumulative and shall remain adjusted for not more than 

one year. 

8.1 .d. No fee shall be required under this rule with respect to emissions fiom any affected unit under 

&I04 of the Clean Air Act until the period beginning January 1,2000. Thereafter, fees will be calculated 

in accordance with subdivision 8.1 .b. 

8.1 .d. 1. Facilities which contain only &ckd units under 5404 of the Clean Air Act continue 

to be subject to fees under 45CSR22 until the period beginning January 1,2000. 

8.1.d.2. Facilities which contain &kted units under SO4 of the Clean Air Act and other 

a-ffiected units, under 45CSR33 and Title N of the Clean Air Act, continue to be subject to fees under 45CSR22 for the entire facility until the period beginning January 1,2000, and are subject to fees for such 

other affected units calculated in accordance with subdivisions 8. I .a and 8.l.b. 

8.2. Fee cap. -- In determining fees under section 8, emissions of each reguIated pollutant (for fee 

calculation) by a source in excess of four thousand tons per year (4,000 tpy) shall not be included m fw calculations. 

8.3. Minimum fees. -- Any non-major some required to have a Title V operating permit under this 

rule shall pay fees in accordance with subsection 8.1, unless such calculated fees are less than the 

minimum fee of $200.00 per year. h such cases where the calcuIated fee is less than the minimum fee, 

the source shall be subject to the minimum fee. 

8.4. Consumer price index riser. -- Fees calculated for each fiscal year under the fee schedule in 

subdivision 8.1 .b shall be increased by the percentage, if any, by which the Consumer Price Iudex for the 
Consumer Price Index for 1993 shall be used. 

8.5. Fee merger. -- Any source subject to annual operating cmcate fees under 45CSR22 "Air 

Quality Mauagement Fee Program" and subject to fees under this de shall be required to pay only the 

higher calculated fee. 

8.6. Penalties and interest. - Any person who operates a stationary source in violation of section 8 

shall be subject to a penalty eqd to five (5) percent of the Title V operating pennit fee for each calendar 

month or portion thereof in which the violation continues in addition to the annual fee required to be paid under don 8. Fees due for the fiscal year beginning July 1 shall not be subject to any penalties if paid 

on or before July 31 of that fiscal year. This penalty for delinquent payment is separate hrn and 

unrelated to any other penalties assessed by a court or collected by the Secretary pursuant to W.Va. Code 

922-5-1 et seq., or any rules of the West Virginia Department of Envhmmental Protection. 

8.7. Certified emissions statement. 

8.7.a. Fees will be based upon a certified emissions statement from a responsible official. The 

c&ed emissions statement shall contain an accurate accounting of the actual emissions of all regulated 

air pollutants and all regulated pollutants (for fee calculation) fiom the source as defmed in subsections 2.33 and 2.34 for the most recent calendar year. 

8.7.b. Each certified emissions statement shall be subject to review by the Secretary. The 

Secretary shall make or shall require the responsible official to make such adjustments or corrections to tbe 

cemed emissions as the Secretary determiaes to be necessary. 

8.7.b.l. The source shall be liable for any increased fees resulting km any adjustments to the 

certified emissions statements made pursuant to subdivision 8.7.b. 

8.7.b.2. The Secretary shall not issue a Title V operating permit until such adjustments have 

been made and any such liability satisfied. 

8.7.b.3. The Sectetary shall credit the source wlth any decreasing adjustments to the certified 

emissions statement made pursuant to subdivision 8.7.b. 

8.7.b.4. The Secrew shall periodically provide or publish infarmation and criteria for the 

purpose of emission statement and permit application preparation. Such information may be provided by 

reference to available U.S. EPA or other documents. 

8.7.c. Fees and certified emissions statements shall be due on July 1, 1994, and on July 1 of each 

year thereafkr. 

8

8

Beginning in 1995

the Secretary shall

on or before October 1 of each fiscal year

prepare an 
9.1 .a. Date of receipt of application; 

9.1 .b. Relative complexity of the application; 

9.1 .c. Anticipated schedule for federal and state enactment of new applicable requirements which 

are anticipated to be incorparated into the permit; 

9.1 .d. Type and amounts of air pollutants that will be discharged; 

9.1 .e. Availability and particular training of reviewing e, and 

9.1.f. Attainment status of area in which the stationary source is located or other geographical 

fkctors. 

9.2. Notwithstanding other provisions of section 9, the Secret. may re-prioritize or reclassifj. any 

permit application based on changes in regulatory requirements, area attainment status, or other relevant 

factors. 

9.3. In establishing and periodically revising the timetable required in subsection 9.1, the Seem 

shall assure that final action is taken on at least one-th'd of all Title V permit applications mually over a 

period not to exceed three (3) years from the effective date of the operating permit program. 

95-30-10. Enforcement. 

10.1. General. - The provisions of this rule may be enforced by all of the applicable provisions of 

W.Va. Code S22-51, e!t seq. 

10.2. Violations. - Civil penalties shall be recoverable for the violation of any applicable requirement, 

permit condition, fee or filing requirement, duty to allow or carry out inspections, entry or monitoring 

activity, requirement for submission of reports, rule of the West Virginia Department of Environmental 

Protection or order of the Seem. Such violations shall constitute serious violations for purposes of 

civil enfarcement as contained in W.Va. Code 522-5-6. 

10.3. Federal enfoment. -- For purposes of federal enforcement of any Title V operating permit or 

provision established under this rule, any reference to the Secretary shall also mean the Administrator of 

the U.S. EPA. 

10.4. Tampering prohibited. -- Pursuant to W.Va. Code 522-5-6, criminal penalties shall be 

recoverable against any person who knowingly renders inaccurate any required emission or process 
12.1. A& the effective date of the Title V operating pennit program, the Secrdary shall determine 

and apply casebyase MACT standards to each category contained in the 'Initial List of Categories of 

Sources Under 1 12(c)(l) of the Clean Air Act Amendments of 1990," 57 Fed. Reg. 3 1576 (July 16, 1992) 

for each source category or subcategory for which U.S. EPA fails to timely promulgate a standard in accordance with the requirements of 51 l2(e) of the Clean Air Act. 

12.2. [Reserved.] 12.3. After the effective date of the operating permit program, the Secretary shall determine and apply 

cas&y-case MACT standards to construction or reconstruction of any major source of hazardous air 

pollu~ts where no applicable emissions limitations have been adopted by the Secretary. Such MACT 

standards must be equivalent to any applicable standard (if any) p~nnulgated for such sources by U.S. 

EPA. 

12.4. In determining case-by-case MACT standards, the Secretary shall grant reasonable compliance 

schedules for existing sources, as provided under §112(e) of the CIean Air Act, and shall not require 

application for MACT under paragraph 4.1 .a.5 where a source has met the early reduction requirement of 

91 12(iX5) of the Clean Air Act. 

12.5. The Senretary may accept &leeti& of authority hm U.S. EPA to administer permits issued by 

U.S. EPA under the provisions of 45CSR33 and Title IV of the Clean Air Act. 

12.6. The Seem may accept delegation of authority to administer permits issued 4 U.S. EPA 

under the eady reduction program for hazardous rtir pollutauts of 91 12(i)(5) of the Clean Air Act. Such 

authority shall include the ability ta coIlect emission-based fees under section 8. 

12.7. The Secretary may incorporate any provision into a permit which hs been proposed by or agreed 

to by a pdt applicaut and which does not conflict with any applicable requirement. All such provisions 

shall be enfieable after issuance of a final permit. 

13.1. The provisions of this rule are severable and if my provision or part thereof shall be held invalid, 

unconstitutional, or inapplicable to any perm or circumstance, such invalidity, unconstitutionality, or 

inapplicability shall not affect or impair any other remaining provisions, sections, or parts of this rule or 

their application to any persons and circumstances. 

§4530-14. Conflict with Other Rules. 

14.1. If a source is required to a&' m operating permit pursuant to this de and is also required to 

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TABLE 4530A 

HAZARDOUS AIR POLLUTANTS 

CAS 

Number 

75070 

603 55 

75058 98862 

53963 

107028 

7906 1 

79 107 

107131 

107051 

92671 

62533 

90040 

1332214 

71432 

92875 

98077 

100447 

92524 

117817 

542881 

75252 

106990 156627 

133062 

63252 

75150 

5623 5 

463581 

120809 

133904 

57749 

7782505 

791 18 

532274 

108907 

Chemical Name 

Acetaldehyde Acetamide Acetonitrile 

Acetopkenone 

2-Acetylarninoflume 

Acmlein 

Acrylamide 

Acrylic acid Acrylonitrile 

Allyl chloride 

4-Ammobiphenyl 

Aniline 

@Anisdine 

Asbestos 

Benzene (including benzene hm gaSoliae) Benzidine 

Benzotrichloride 

Benzyl chloride 

Biphenyl 

Bis(2-ethylhexyl) phthalate (DEHP) 

Bis(chIoromethy1) ether 

Bromoform 

1,3 -Butadiene 

Calcium cyanamide 

Captan 

Carbatyl 

Carbon disulfide Carbon tetrachloride 

Carbonyl sulfide 

Catechol 

Chloramben 

Chlordane Chlorine C hloroacetic acid 

2-Chloroaxtophenone 

Chlorobenzene 
Cumene 

2,4-D, salts and esters 

DDE Diazomethane Dibenmhs 

1,2-Dibmmo-3-chloropmpane 

Dibutylphthalate 

1,4-Dichlorob~e(p) 

3,3 -Dichlorobenzidene 

Dichloroethyl ether Bis(2-chloroethy1)ether) 

1,3-Dichloropropene 

Dichlorvos Diethanolamine 

N,N-Diethyl aniline(rJ,N-Dh&ylmi1'me) 

Diethyl sulfate 3,3 -Dimethoxybenzidine 

Dimethyl minoambenzene 

3,3 -Dimethyl benzidine 

Dimethyl carbamoyl chloride 

Dimethyl formamide 

1,l -Dimethyl hydrazine 

Dimethyl phthalate 

Dimethyl sulfate 4,6-Dinitro-o-cresol, and salts 2,4-DiniWph~01 2,4-Diaib'Otoluene 

1,4-Dioxane (1,4-Diethyleneoxide) 1,2-DiphenyIhydmzine 

Epichlorohydrin (1-Chloro-2,3-epoxypmpene) 

1,2-Expoxybutane 

Ethyl acrylate 

Ethyl benzene 

Ethyl cdamate (Urethane) Ethyl chloride (Chlotoetbane) 

Ethylene dibromide (Di'bromoethane) 

Ethylene dichloride (1,2-Dichloroethane) 

Ethylene glycol Ethylene hine (Aziridine) 

Ethylene oxide 

Ethylene thiourea 

Eth

lid

di

hi

id

(I

1 

Di

hl

th

) 
Hexamethyl-phosphoramide 

Hexane 

Hydrazine 

Hydrochloric acid 

Hydrogen fluoride (J3ydrofluoric acid) 

Hydroquinone 

Isophorone 

Lindane (all isomers) 

Maleic anhydride Methanol Methoxychlor Methyl bromide (Bromomethane) Methyl chloride (Chlomethane) Methyl ch10rofonn(l, 1,l-Trichloroethane) 

Methyl hy-e 

Methyl iodide (lodomethane) 

Methyl isobutyl ketone (Hexone) 

Methyl isocyanate 

Methyl metkacrylate 

Methyl tert butyl. ether 

4,4-Methylene bis (2chlo&ine) Methylene chloride (Dichlmmethane) Methylene diphenyl diisocyanate (MDI) 

4,4'-Methylenedianiline 

Naphthalene 

Nitrobenzene 

4-Nitrobiphenyl 

4-Nittophenol 

2-Nitrop~pane N-Nitroso-N-methylurea 

N-Nitrosodimethylamine N-Nitrosomorpholine 

Parathion Pentach1m-o-nitrobenzene (Quintobenzene) 

Pentachlorophenol 

Phenol p-Pheny1enediamine Phosgene 

Phosphine 
Prapylene oxide 

1,2-Propylenimine (2-Methyl aziridine) 

Quiuoline Quinone 

styrene Styrene oxide 

2,3,7,8-etrachlomdibm-p-dioxin 

1,1,2,2-Tetrachlomethme 

Tetrachloroethylene (Perchloroethylene) Titanium tetrachloride Toluene 

2,4-Toluene dirrmine 

2,CToIuene diisocyafiate o-Toluidme Toxaphene (chlorinated camphene) 

1,2,4-Trichlorobenzene 

1,1,2-Trichlmane 

Trichlmethylene 2,4,5-Trichlorophenol 2,4,6-Trichlorophenol Triethylamine Trifluralin 2,2,4-Trimethylpentrine 

Vinyl acetate 

Vinyl bromide Vinyl chloride 

Vinylidene chloride (1,l -Dichloroethylene) 

Xylenes (isomers and mixture) 

0-Xylenes 

m-Xylenes 

pXylenes Antimony Compounds Arsenic Compounds (inorganic including arsine) Beryllium Compounds Cadmium Compounds Chromium Compounds Cobalt Compounds 

Coke Oven Emissions 

Cyanide compounds' Glycol ethers2 

L

d Compo

nds 
NOTE: For all listings above which contain the word "compounds" and for gIycol ethers, the following 

applies: Unless otherwise specified, these listings are defined as including any unique chemical substance 

that contains the named chemicaIs (i.e., antimony, arsenic, etc.) as part of that chemical's infrastructure. 

'X'CN where X = H' or any other pup where a farma1 dissociation may occur. For example KCN 

or CNCNh 

2~ncludes mono- and di-ethers of ethylene glycol, diethylene glycol, and triethylene glycol 

R-(OCH2CH2)n-OR'. 

Where: 

R = alkyl C7 or less; or 

R = phenyl or am1 substituted phenyI; 

R' = H or akyl C7 or less; or 

OR' constituting of carboxylic acid ester, sulfate, phosphate, nitrate, or sulfonak 

The substance ethylene glycol monobutyl ether (EGBE, 2-Butoxyeihanol) (CAS Number 

1 1 1-76-2) is deleted hm the list of hazatdous air pollutants established by 42 U.S.C. 7412(b)(l). 

3~ncludes mineral fiber emissions fjram facilities msndbg or processing glass, rock, or slag 

fibers (or other mineral derived fibers) of average diameter 1 micrometer or less. 

'bcludes organic compounds with more than one benzene ring, and which have a boiling point 

greater than or equal to 1OO0C. 

5 A type of atom which spontaneously undergoes radioactive decay. 
TABLE 4530B 

CLASS I AND CLASS I1 SUBSTANCES 

Class I Substances Group I chl~uorocdon-11 (CFC-11) chloroflu~~carbon- 12 (CFC-12) 

chlorofluorocarbon-1 13 (CFC-113) 

chlorofl~~mcafbon-114 (CFC-114) chlomfluorocarbon-115 (CFC- 1 15) 

Group Il 

halon- 12 1 1 halon- 13 0 1 

halon-2402 

Group III chlmfluorocarbon-13 (CFC- 13) ~hl~roflu~-lll (CFC-Ill) 

chlorofluomcarbon- 1 12 (CFC-112) 

chlomfluomcarbon-2 1 1 (CFC-2 1 1) 

chlorofl~orocarbon-212 (CFC-2 12) . 

chloroflumcarbon-213 (CFC-2 13) 

chlomflu01~)carbon-214 (CFG214) chlorofluorocarbon-2 15 (CFC-2 15) 

chlorofluorombon-2 16 (CFC-2 16) 

chloroflu~bon-217 (CFC-217) 

Group Iv carbon tetrachloride Group v 

methyl chloroform 

This list also includes the isomers of the 

substances listed above, other than 

1,1,2-trichloroethane (an isomer of methyl 

chloroform). 

Class II Substances hydrochl0~)flumcarbon-2 1 (HCFC-21) 

hydrochlomfluorocarbon-22 (HCFC-22) 

hydrochlorofluoroc~on-3 1('HCFC-3 1) hydrochlorofluorocarbon-12 1 (HCFC-121) 

hydrochloro fluo~bon- 122 WCFC- 122) 

hydrochlorofluorocarbon- 123 (HCFC-123) 

hydrochlorofluorocarbon- 124 (HCFC- 1 24) 

hydrochlorofluorocarbon- 13 1 (HCFC-13 1) 

hydrochlorofluorocarbon-1 32 (HCFC-132) 

hydrochlorofluorocarbon- 133 (HCFC- 13 3) 

hydrochlorofluorocarbon- 14 1 (HCFC- 14 1) 

hydmchlorofluor &n- 142 (HCFC-142) 

hydmhlomflu~bon-22 1 WCFC-22 1) 

h~dFochl0~0fl~0fo~;t~b0n-222 (HCPC-222) hydrochloroflu~~carbon-223 (HCFC-223) 

hydrochlorofluorocarbon-224 (HCFC-224) 

hy~chlmofluorocarbon-225 (HCFC-225) hydrochlo~)flu~cssb0tl-226 (HCFC-226) 

hydrochlorofluorocarbon-23 1 (HCFC-23 1) 

hydrochlorofluorocabron-232 (HCFC-232) 

hydrochloroflu~bon-233 (HCFC-233) 

hydrochloroflu01~3~8~bm-234 (HCFC-234) hydrochlomflumocarbon-235 (HCFC-235) hydrochlorofluorocatbon-24 1 (HCFC-24 1) hydrochlo1y)fluorocarbon-242 (HCFC-242) 

hydrochlorofluorocarbon-243 (HCFC-243) 

hydmchlomfluorocarbon-244 (WCFC-244) 

hydrochlorofluomarbon-25 1 (HCFC-25 1) hydrochlorofluorocasbon-252 (HCFC-252) hydrochlorofluor~bon-253 (HCFC-253) 

hydrochlordu~bon-261 (HCFC-261) hydrochlorofluorocarbon-262 (HCFC-262) 

hydroch1orofluorocarbon-27 1 (HCFC-271) 

This list also includes the isomers of the 

substances listed above.