# WEST 

# VIRGINIA SECRETARY OF STATE NATALIE 

# E. TENNANT ADMINISTRATIVE LAW DIVISION 

# cFILED 9/4/2813 18:36:81 AM

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### RULE Yes TITLE-SERIES 45-14 RULE**~A:\·lE** 

### Permits for Constr·uction and**~Iajor ~Iodification**  

### of**~lajor** 

### Stationuy Sources for the Prenntion of Significant Deterioration ofAir Quality CITE AUTHORITY**~~-5-~** 

### THE ABO\"E PROPOSED LEGISLATI\"E RULES.**FOLLO\\"I~G** 

### RE\"IE\\" BY THE LEGISLATI\"E RULE**:\I.A.KI~G** 

### RE\"IE\\" C0:\-1:\U I'I EE. IS HEREBY :\·!ODIFIED AS A RESULT OF RE\"IE\\"**A~D CO::V!::V!E~T**  

### BY THE LEGISLATI\"E RULE**::Vl.l.KI~G** 

### RE\"IE\\" CO:::V!:\!1 I'I EE. THE ATTACHED**::V!OFICATIO~S** 

### ARE FILED \\"ITH THE SECRETARY OF STATE.

BY**CHOOSI~G** 

### 'YES'. I AI'IEST THAT THE PRE\"IOUS**STATDIE~T** 

### IS TRUE**A~D** 

### CORRECT Yes Kristin A Boggs

-- By my signature, I certify that I am the person authm·ized to file legislatin rules, in accordance with West \"irginia Code §29A-3-ll and §39A-3-2. 

# IIII IIIII III Title-Series: 45-14 Rule Id: 9081 Document: 2529545CSR14

TITLE 45 LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY SERIES 14 PERMITS FOR CONSTRUCTION AND MAJOR MODIFICATION OF MAJOR STATIONARY SOURCES FOR THE PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY

§45-14-1. General. 1.1. Scope.

-- This rule establishes and adopts a preconstructionpermitprogramin accordance withthe policy of §lOl(b)(l) ofthe Clean Air Act (CAA), the purposes of§160 ofthe CAA, and the prevention of significant deterioration of air quality requirements of 40 CFR §51.166. Preconstruction permits issued pursuant to this rule shall contain emission limitations and such other measures as may be necessary for the prevention significant deterioration ofair quality. This rule provides: l.l.a. A mechanism to ensure that economic growth will occur in harmony with the preservation of existing clean air resources; to prevent the development ofany new non-attainment problems; to protect the public health and welfare from any adverse effects which might occur even at air quality levels better than the National Ambient Air Quality Standards; andto preserve, protect, and enhance the air quality in areas of special natural, recreational, scenic, orhistoric value. Itis the intent ofthe Secretary to register and evaluate sources ofairpollutants andto preclude the constructionorrelocation ofany major stationary source ormajor modification in any area classified as attaining National Ambient Air Quality Standards or unclassifiable in which the establishment of such source or modification may interfere with the goals ofthe prevention of significant deterioration ofair quality levels; and l.l.b. A method to quantitatively define significant deterioration of air quality with respect to the desired degree ofpreservation ofair quality forvarious areas and to setforth procedures for registration and reporting, and the criteria for obtaining a permit to construct or relocate a major stationary source or make a major modification to a stationary source within a designated attainment or unclassified area ofthe State ofWest Virginia. Such construction, modification, orrelocation without such a permit is a violation ofthis rule. 1.2. Authority.-- W.Va. Code §22-5-4. 1.3. Filing Date.-- 

### Ma) 1, 2013. 1.4. Effective Date.-- Jmrc 1, 2013. 1.5. Federal Regulation.

-- Unless otherwise indicated, where reference to a federal regulation or standard appears inthis rule, suchregulation or standardwill, for the purpose ofthisrule, be construed as that version which was in effect as ofJmrc 1, 2012 June 1, 2013. 1.6. Former Rules. --This legislative rule amends 45CSR14

- "Permits for Construction and Major Modification ofMajor Stationary Sources for the Prevention of Significant Deterioration of Air Quality"

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which was filed on MaJ 1, 2012 May 1, 2013 and became effective on :fmte 1, 2012 June 1, 2013. §45-14-2. Definitions. 2.1. "Actual emissions" means the actual rate ofemissions ofa pollutant from an emissions unit, as described below, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under section 25. Instead, subsections 2.63 and 2.8 shall apply for those purposes. 2.1.a. Ingeneral, actual emissions as ofa particular date shall equal the average rate, intons peryear, at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative ofnormal source operation. The Secretary may allow the use of a differenttime periodupon a determinationthatitis morerepresentative ofnormal source operation. Actual emissions shall be calculated using the unit's actual operating hours, productionrates, andtypes ofmaterials processed, stored, or combusted during the selected time period. 2.1.b. The Secretary may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions ofthe unit. 2.l.c. For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit ofthe unit on that date. 2.l.d. For an electric utility steam generating unit (other than a new unit or the replacement of an existing unit) actual emissions of the unit following the physical or operational change shall equal the representative actual annual emissions ofthe unitfollowing the physical or operational change, providedthe source owner or operator maintains and submits to the Director, on an annual basis for a period offive (5) years from the date the unit resumes regular operation, information demonstrating that the physical or operational change didnotresultin an emissions increase. A longerperiod, notto exceedten (1 0) years, may be required by the Director ifthe Director determines such a period to be more representative of normal source operations following the physical or operational change. 2.2. "Actuals PAL" for a major stationary source means a PALbased on the baseline actual emissions (as defined in subsection 2.8) ofall emissions units (as defined in subsection 2.27) at the source, that emit or have the potential to emit the PAL pollutant. 2.3. "Administrator" means the Administrator ofthe United States Envirornnental Protection Agency. 2.4. "Adverse impact onvisibility" meansvisibility impairmentwhichinterferes withthe management, protection, preservation or enjoyment ofthe visitor's visual experience ofthe Federal Class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency andtime ofvisibility impairment, andhowthese factors correlate with (1) times of visitor use ofthe Federal Class I area, and (2) the frequency and timing ofnatural conditions that reduce visibility. 2.5. "Air pollutants" means solids, liquids, or gases which, if discharged into the air, may result in statutory air pollution. 2.6. "Airpollution" or "statutory airpollution" means andis limited to the discharge into the air by the act ofman substances (liquid, solid, gaseous, organic orinorganic) in a locality, manner and amount as to be

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injurious to human health or welfare, animal or plant life, or property, or which would interfere with the enjoyment oflife orproperty. 2.7. "Allowable emissions" means the enusswn rate of a stationary source calculated using the maximum rated capacity ofthe source (unless the source is subject to federally enforceable limits or limits enforceable by the Secretary which restrict the operating rate, or hours ofoperation, or both) and the most stringent ofthe following: 2.7.a. The applicable standards as set forth in 40 CFR Parts 60 and 61; 2.7.b. The applicable State ofWestVirginiaemissionslimitations orpermitconditions, includingthose with a future compliance date; or 2.7.c. The applicablefederally enforceable emissionslimitations orpermitconditions, includingthose with a future compliance date. 2.8. "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with subdivisions 2.8.a through 2.8.d. 2.8.a. For any existing electric utility steam generating unit, baseline actual emissions means the average emissionrate, intons peryear, at whichthe unit actually emittedthepollutant during any consecutive 24-monthperiod selectedby the owner or operatorwithinthe 5-yearperiodimmediately preceding whenthe owner or operator begins actual construction ofthe project. The Secretary shall allow the use ofa different time period upon a determination that it is more representative ofnormal source operation. 2.8.a.l. The averagerate shallincludefugitive emissions to the extentquantifiable, andemissions associated with startups, shutdowns, and malfunctions. 2.8.a.2. The averagerate shallbe adjusteddownwardto exclude any noncompliantemissionsthat occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period. 2.8.a.3. ForaregulatedNSRpollutant, whenaprojectinvolvesmultiple emissionsunits, only one consecutive 24-monthperiodmustbe used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant. 2.8.a.4. The average rate shall not be based on any consecutive 24-monthperiod for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount ifrequired by paragraph 2.8.a.2. 2.8.b. For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutantduring any consecutive 24-monthperiod selectedbythe owneroroperatorwithinthe 10-yearperiod immediately preceding eitherthe date the owner or operatorbegins actual construction ofthe project, or the date a complete permit application is received by the Secretary for a permit required under this rule, whichever is earlier, except that the 10-year period shall not include any period earlier than November 15, 1990. 2.8.b.1. The averagerate shallincludefugitive emissions to the extentquantifiable, andemissions 345CSR14

associated with startups, shutdowns, and malfunctions. 2.8.b.2. The averagerate shall be adjusteddownwardto exclude any noncompliantemissionsthat occurredwhile the source was operating above an emissionlimitationthat was legally enforceable during the consecutive 24-month period. 2.8.b.3. The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, ifanemissionlimitationis part ofa maximum achievable control technology standardthat the Administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted ifthe State has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of45CSR19-8.6. 2.8.b.4. ForaregulatedNSRpollutant, whenaprojectinvolvesmultiple emissionsunits, only one consecutive 24-month period must be used to determine the baseline actual emissions for all the emissions units being changed. A different consecutive 24-monthperiod canbeusedfor eachregulatedNSRpollutant. 2. 8.b.5. The average rate shall not be based on any consecutive 24-monthperiod for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount ifrequired by paragraphs 2.8.b.2 and 2.8.b.3. 2.8.c. For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation ofsuch unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit. 2.8.d. For a PAL for a stationary source, the baseline actual emissions shall be calculatedfor existing electric utility steam generating units in accordance with the procedures contained in subdivision 2.8.a, for otherexisting emissionsunitsinaccordancewiththeprocedures containedinsubdivision2. 8.b, andfor anew emissions unit in accordance with the procedures contained in subdivision 2.8.c. 2.9. Baseline Area. 2.9.a. "Baseline area" means any intrastate area (and every part thereof) designated as attainment or unclassifiable under§ 107(d)(1)(A)(ii) or (iii) ofthe CAA in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact for the pollutant for which the baseline date is established, equal to or greater than the following:

Pollutant Air Quality Impact (annual average) 

## so, 1**~g/m 3**  N02 1**~g/m 3**  PM10 1**~g/m 3**  PM2

_ 5 0.3**~g/m 3**  2.9.b. Area redesignations under§ 107(d)(1)(A)(ii) or (iii) ofthe CAA cannot intersect orbe smaller

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than the area ofimpact ofany major stationary source or major modification which: 2.9.b.l. Establishes a minor source baseline date; or 2.9.b.2. Is subject to 40 CFR §52.21 or this rule, and would be constructed in the same state as the state proposing the redesignation. 2.9.c. Any baseline area established originally for the TSP increments shall remainin effect and shall apply for purposes ofdetermining the amount ofavailable PM 10 increments, except that such baseline area shall notremainineffectifthe Secretaryrescinds the correspondingminor sourcebaseline date inaccordance with subdivision 2.42.d. 2.10. "Baseline concentration" means that ambient concentration level which exists in the baseline area at the time ofthe applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and includes: 2.1 O.a. The allowable emissions ofmajor stationary sources whichcommenced constructionbefore the major source baseline date, but were not in operation by the applicable minor source baseline date. 2.10.b. The actual emissions representative ofsources in existence on the applicable minor source baseline date. However, the following will not be included in the baseline concentration and will affect the applicable maximum allowable increase(s): 2.10.b.l. actual emissions from any major stationary source on which construction commenced after the major source baseline date; and 2.1 O.b.2. actual emissionsincreases and decreases at any stationary source occurring afterthe minor source baseline date. 2.11. "Begin actual construction" means, ingeneral, initiation ofphysical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method ofoperation, this term refers to those onsite activities, other than preparatory activities, which mark the initiation ofthe change. 2.12. "Best available control technology (BACT)" means an emissions limitation (including a visible emissions standard) based on the maximum degree ofreduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or majormodification which the Secretary, on a case-by-case basis, taking into account energy, environmental and economic impacts and other costs, determines is achievable for such source or modification through application ofproduction processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control ofsuch pollutant. In no event shall application ofbest available control technology result in emissions ofany pollutant which would exceed the emissions allowed by any federally enforceable emissions limitations or emissions limitations enforceable by the Secretary. Ifthe Secretary determines that technological or economic limitations on the application ofmeasurement methodology to a particularemissionsunitwouldmakethe impositionofan emissions standardinfeasible, a design, equipment work practice, operational standard or combination thereof, may be prescribed instead to satisfY the requirement for the application ofbest available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation ofsuch design, equipment, work 545CSR14

practice or operation, and shall provide for compliance by means which achieve equivalent results. 2.13. "Building, Structure, Facility, or Installation" means all ofthe pollutant-emitting activities which belong to the same industrial grouping, are located on one ormore contiguous or adjacent properties, and are under the control ofthe same person (or persons under common control). Pollutant-emitting activities are a part ofthe same industrial grouping ifthey belong to the same "Major Group" (i.e., which have the same two (2)-digit code) as described in the Standard Industrial Classification Manual, 1987 (United States Government Printing Office stock number GPO 1987 0-185-718:QL 3). 2.14. "CAA'' means the Clean Air Act, 42 U.S.C. 7401, et seq., as amended by Pub. L. No. 101-549 (November 15, 1990). 2.15. "Clean Coal Technology" means any technology, including technologies applied at the precombustion, combustion, or post combustion stage, at a new or existing facility which will achieve significant reductions in air emissions ofsulfur dioxide or oxides ofnitrogen associated with the utilization ofcoal inthe generation ofelectricity, orprocess steam whichwas notinwidespreaduse as ofNovember 15, 1990. 2.16. "Cleancoal technology demonstrationproject" means a projectusing funds appropriatedunderthe heading "Department ofEnergy-- Clean Coal Technology", up to a total amount of $2,500,000,000 for commercial demonstration ofclean coal technology, or similar projects funded through appropriations for USEPA. The Federal contribution for a qualifYing project shall be at least twenty (20) percent ofthe total cost ofthe demonstration project. 2.17. [Reserved]. 2.18. "Commence" as applied to construction ofa major stationary source or majormodificationmeans that the owner or operator has all necessary preconstruction approvals orpermits and either has: 2.18.a. begun, or causedtobegin, a continuous programofactual on-site constructionofthe source, to be completed within a reasonable time; or 2.18.b. entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program ofactual construction of the source to be completed within a reasonable time. 2.19. "Complete" means, inreference to an application for a permit, that the application contains all of the informationnecessary for processing the application. Designating an application complete for purposes ofpermitprocessing does notprecludethe Secretaryfromrequesting or accepting any additionalinformation. 2.20. "Construction" means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification ofan emissions unit) which would result in a change in actual emissions. 2.21. "Continuous emissions monitoring system (CEMS)" means all of the equipment that may be required to meet the data acquisition and availability requirements, to sample, condition (if applicable), analyze, and provide a record ofemissions on a continuous basis. 2.22. "Continuous emissions rate monitoring system (CERMS)" means the total equipment required for 645CSR14



### the determination and recording ofthe pollutant mass emissions rate (in terms ofmass per unit oftime). 2.23. "Continuous parametermonitoring system (CPMS)" means all ofthe equipmentnecessary to meet the data acquisition and availability requirements, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and otherinformation (for example, gas flow rate, 02 or C02 concentrations), and to record average operational parametervalue(s) on a continuous basis. 

### 2.24. "Department ofEnvirornnental Protection" or "DEP" means the Department ofEnvironmental Protection as defined in W. Va. Code §22-1-4. 2.25. "Electric utility steamgenerating unit" means any steamelectric generating unitthatis constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than twenty-five (25) MW electrical output to any utility power distribution systemfor sale. Any steam supplied to a steam distribution system for the purpose ofproviding steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility. 2.26. "Emission" means the release, escape or discharge ofair pollutants into the air. 2.27. "Emissions unit" means any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric utility steam generating unit as defined in subsection 2.25. Forpurposes ofthisrule, there are twotypes ofemissions units as describedin subdivisions 2.27.a and 2.27.b. 2.27.a. A new emissions unitis any emissions unitthatis (orwill be)newly constructed andthathas existed for less than 2 years from the date such emissions unit first operated. 2.27.b. An existing emissions unit is any emissions unit that does not meet the requirements in subdivision 2.27.a. A replacement unit, as defined in subsection 2.68, is an existing emissions unit. 2.28. "Federal LandManager" means, withrespectto any lands inthe United States, the Secretary ofthe department with authority over such lands. 2.29. "Federally enforceable" means all limitations and conditions which are enforceable by the Administrator including those requirements developed pursuant to 40 CFR Parts 60, 61 and 63, rules ofthe approved West Virginia State ImplementationPlan, any permitrequirements establishedpursuantto 40 CFR §52.21 or this rule, and any operating permits issued under a program that is incorporated into the State Implementation Plan and expressly requires adherence to any permit issued under such program. 2.30. [Reserved.] 2.31. "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening. 2.32. [Reserved.] 2.33. [Reserved.]

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2.34. [Reserved.] 2.35. [Reserved.] 2.36. "Innovative control technology" means any system of air pollution control that has not been adequately demonstratedinpractice, butwouldhave a substantiallikelihood ofachieving greater continuous emissions reductionthanany control systemincurrentpractice orofachieving atleastcomparablereductions at lower cost in terms ofenergy, economics, or non-air quality environmental impacts. 2.37. "Lowest achievable emission rate (LAER)" means, for any source, the more stringent of the following: 2.37.a. Themost stringentemissionslimitationwhichis containedinthe implementationplanofany State for such class or category ofstationary source, unless the owner or operator ofthe proposed stationary source demonstrates that such limitations are not achievable; or 2.37.b. The most stringent emissions limitation which is achieved in practice by such class or category ofstationary sources. This limitation, when appliedto a modification, means the lowest achievable emission rate for the new or modified emissions units within the stationary source. In no event shall the application ofthe term permit a new or proposed new or modified stationary source to emit any pollutant in excess ofthe amount allowable under an applicable new source standard ofperformance. 2.38. [Reserved.] 2.39. Major emissions unit means: 2.39.a. Any emissions unit that emits or has the potential to emit 100 tons per year or more ofthe PAL pollutant in an attainment area; or 2.39.b. Any emissions unitthatemits orhas thepotentialto emitthe PALpollutantin an amountthat is equal to or greater than the major source threshold for the PAL pollutant as defined by the CAA for nonattainment areas. For example, in accordance with the definition ofmajor stationary source in §182(c) ofthe CAA, an emissions unit would be a major emissions unit for VOC ifthe unit is located in a serious ozone non attainment area and it emits or has the potential to emit 50 or more tons ofVOC per year. 2.40. "Major modification" means any physical change in or change in the method of operation of a major stationary source which results in: a significant emissions increase (as defined in subsection 2.75) of any regulated NSR pollutant (as defined in subsection 2.66); and a significant net emissions increase ofthat pollutantfrom the major stationary source. Any significantemissionsincrease (as defined at subsection2.75) from any emissions units ornet emissions increase (as definedin subsection2.46) at amajor stationary source thatis significantforvolatile organic compounds orNOx shallbe considered significantfor ozone. However, the following actions do not constitute a physical change or change in the method ofoperation: 2.40.a. Routine maintenance, repair, and replacement. 2.40.b. Use ofan alternative fuel orraw material by reason ofany order under sections 2(a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason ofa natural gas curtailment plan pursuant to the Federal Power Act.

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2.40.c. Use ofan alternative fuel by reason ofan order or rule under §125 ofthe CAA. 2.40.d. Use offuel generatedfrom municipal solidwaste as an alternative fuel at a steamgenerating unit. 2.40.e. Use ofan alternative fuel or raw material by a stationary source, provided that: 2.40.e.l. Priorto January 6, 1975, the source was capable ofaccommodating such alternative fuel or raw material, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975 pursuant to 40 CFR §52.21 or under any permit issued or order entered pursuant to any rule ofthe Secretary after January 6, 1975; 2.40.e.2. The source is approvedto use the alternative fuel orrawmaterialunderany permitissued under 40 CFR §52.21 or under any permit issued or order entered pursuant to any rule ofthe Secretary. 2.40.f. Anincrease in the hours ofoperationunless suchincrease would be prohibited by a Federal permit issuedpursuant to 40 CFR §52.21 orby any permit issued or order entered pursuant to any rule ofthe Secretary. 2.40.g. An increase in the production rate unless such increase would be prohibited by a Federal permit issuedpursuant to 40 CFR §52.21 orby any permit issued or order enteredpursuantto any rule ofthe Secretary. 2.40.h. Any change in ownership at a stationary source. 2.40.i. [Reserved.] 2.40.j. The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with: 2.40.j.l. The State Implementation Plan; and 2.40.j.2. Other requirements necessary to attain and maintain the National Ambient Air Quality Standards during the project and after it is terminated. 2.40.k. Theinstallationoroperationofapermanentcleancoaltechnology demonstrationprojectthat constitutes repowering, provided that the project does notresult in an increase inthe potential to emit ofany regulated NSR pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis. 2.40.1. The reactivation ofa very clean coal-fired electric utility steam generating unit. 2.40.m. This definition shall not apply withrespectto a particularregulatedNSRpollutant whenthe major stationary source is complying with the requirements under section 25 for a PAL for that pollutant. Instead, the definition at subsection 2.53 shall apply. 2.41. "Major modification for ozone" means a major modification for volatile organic compounds or NOx.

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2.42. "Major and minor source baseline date." 2.42.a. "Major source baseline date" means: 2.42.a.l. In the case ofPM10 and sulfur dioxide, January 6, 1975; and 2.42.a.2. In the case ofnitrogen dioxide, February 8, 1988; and 2.42.a.3. In the case ofPM2

_ 5,0ctober 20, 2010. 2.42.b. "Minor source baseline date" means the earliest date after the trigger date onwhich a major stationary source or a majormodification subjecttothe requirements of40 CFR §52.21 ortothis rule submits a complete application under this rule. The trigger date is: 2.42.b.l. In the case ofPM 10 and sulfur dioxide, August 7, 1977, and 2.42.b.2. In the case ofnitrogen dioxide, February 8, 1988; and 2.42.b.3. In the case ofPM2

_ 5 , October 20, 2011. 2.42.c. The baseline date is established for eachpollutant for which increments or other equivalent measures have been established if: 2.42.c.l. The area in which the proposed source or modificationwould construct is designated as attairnnent or unclassifiable under §1 07(d)(1)(A)(ii) or (iii) ofthe CAA for the pollutant on the date ofits complete application under 40 CFR §52.21 or this rule; and 2.42.c.2. In the case of a major stationary source, the pollutant would be emitted in significant amounts, or in the case of a major modification, there would be a significant net emissions increase ofthe pollutant. 2.42.d. Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM10 increments, except that the Secretary may rescind any such minor source baseline date where it can be demonstrated to the Secretary's satisfaction that the emissions increase from the major stationary source, or the net emissions increasefromthe majormodification, responsiblefortriggeringthat date didnotresultina significantamount ofPM10 emissions. 2.43. "Major stationary source" means: 2.43.a. Any ofthe following stationary sources ofair pollutants which emits or has the potential to emit, one hundred (1 00) tons per year or more ofany regulated NSR pollutant:

• Fossil Fuel-fired Stearn Electric Plants ofMore than 250 Million Btu/hr Heat Input, • Coal Cleaning Plants (with thermal dryers), • Kraft Pulp Mills, • Portland Cement Plants, • Primary Zinc Smelters,

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• Iron and Steel Mill Plants, • Primary Aluminum Ore Reduction Plants (with thermal dryers), • Primary Copper Smelters, • Municipal Incinerators Capable ofCharging More than 250 Tons ofRefuse per Day, • Hydroflouric, Sulfuric and Nitric Acid Plants, • Petroleum Refineries, • Lime Plants, • Phosphate Rock Processing Plants, • Coke Oven Batteries, • Sulfur Recovery Plants, • Carbon Black Plants (furnace process), • Primary Lead Smelters, • Fuel Conversion Plants, • Sintering Plants, • Secondary Metal Production Plants, • Chemical Process Plants (which does not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140), • Fossil Fuel Boilers (or combinations thereof) Totaling More than 250 Million Btu/hour Heat Input, • Petroleum Storage and Transfer Units with a Total Storage Capacity Exceeding 300,000 Barrels, • Taconite Ore Processing Plants, • Glass Fiber Processing Plants, and • Charcoal Production Plants; 2.43.b. Notwithstanding the stationary source size specified in subdivision 2.43.a, any stationary source which emits orhas the potential to emit, two hundredfifty (250) tons peryearormore ofany regulated NSR pollutant; or 2.43.c. Anyphysical change ata stationary source, not otherwise qualifYingunder subdivision 2.43.a as a major stationary source, ifthe change itselfwould constitute a major stationary source. 2.43.d. A major source that is major for volatile organic compounds or NOx shall be considered major for ozone. 2.43.e. The fugitive emissions ofa stationary source shall not be included in determining whether it is a major stationary source, unless the source is listed in Table 1. Table 1 SOURCE CATEGORIES WHICH MUST INCLUDE FUGITIVE EMISSIONS

• Fossil-Fuel-Fired Stearn Electric Plants Greater Than 250 Million Btu/Hour Heat Input • Coal Cleaning Plants (with thermal dryers) • Kraft Pulp Mills • Portland Cement Plants • Primary Zinc Smelters • Iron and Steel Mill Plants • Primary Aluminum Ore Reduction Plants • Primary Copper Smelters • Municipal Incinerators Capable ofCharging Greater Than 250 Tons ofRefuse/Day

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• Hydrofluoric, Sulfuric, and Nitric Acid Plants • Petroleum Refineries • Lime Plants • Phosphate Rock Processing Plants • Coke Oven Batteries • Sulfur Recovery Plants • Carbon Black Plants (furnace process) • Primary Lead Smelters • Fuel Conversion Plants • Sintering Plants • Secondary Metal Production Plants • Chemical Process Plants

- The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140 • Fossil Fuel Boilers (or combinations thereof) Totaling More Than 250 Million Btu/Hour Heat Input • Petroleum Storage and Transfer Units with a Total Storage Capacity Exceeding 300,000 Barrels • Taconite Ore Processing Plants • Glass Fiber Processing Plants • Charcoal Production Plants • Any other stationary source category which, as ofAugust 7, 1980, is being regulated under §§111 or 112 ofthe CAA. 2.43.f. In addition to those facilities covered under subdivision 2.43.e, all coal preparation plants as definedunder40 CFR §60.251(a)whichprocess more than 200 tons per day shall countfugitive emissions from all "affected facilities" at the source. 2.43.g. For the purpose of subdivision 2.43.f, the term "affected facilities" means those facilities which are listed or identified as "affected facilities" in the applicable standard promulgated under§§ 111 or 112 ofthe CAA." 2.44. "Majorstationary sourcefor ozone" means amajor stationary source of volatile organic compounds or NOx. 2.45. "Necessarypreconstructionapprovals orpermits" means thosepermits or approvals requiredunder the CAA and rules promulgated under W.Va. Code §22-5-4. 2.46. "Net emissions increase" means, with respect to any regulated NSR pollutant emitted by a major stationary source, the amount ofemissions by which the sum ofthe following exceeds zero: 2.46.a. The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to subsection 3.4; 2.46.b. Any other increases and decreases in actual emissions at the major source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under subdivision 2.46.b shall be determined as provided in subsection 2.8, except that paragraphs 2.8.a.3 and 2.8.b.4 shall not apply; 2.46.c. An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only ifit occurs not more than five (5) years priorto the date onwhich construction on the

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### particular change commences norlaterthanthe date onwhichthe increase from the particular change occurs. 2.46.d. An increase or decrease in actual emissions is creditable only if: 2.46.d.l. The increase or decrease inactual emissions has notbeenrelieduponbythe United States Environmental Protection Agency in issuing a permit pursuant to 40 CFR §52.21; or 2.46.d.2. By the Secretary inissuing a permit pursuant to this rule and such permit is in effect on the date on which the increase in emissions from the particular change occurs. 2.46.e. The increase ordecrease inactual emissions ofparticulatematter, sulfur dioxide, ornitrogen oxides which occurred prior to the applicable minor source baseline date was required to be considered and calculated in determining the amount ofmaximum allowable increases remaining available.; 2.46.f. An increase in actual emissions is creditable only to the extent that the new level ofactual emissions exceeds the old level; 2.46.g. A decrease in actual emissions is creditable only to the extent that: 2.46.g.l. The old level ofactual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level ofactual emissions; 2.46.g.2. It 

### is federally enforceable and is enforceable by the Secretary at and after the time that the actual construction on the particular change begins; 2.46.g.3. The decrease in actual emissions must have approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; 2.46.g.4. [Reserved.] 2.46.h. An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacementunitthatrequires shakedownbecomes operational only after areasonable shakedownperiod, not to exceed one hundred eighty (180) days. 2.46.i. Subdivision 2.l.a shall not apply for determining creditable increases and decreases. 2.47. "PM10 " 

### means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method based on Appendix J 

### of40 CFR Part 50 and designated in accordance with 40 CFRPart 53 or by an equivalent method designated in accordance with 40 CFRPart 53. 2.48. "Particulate matter emissions" means all finely divided solid or liquid material, other than uncombined water, emittedto the ambient air as measuredby applicable reference methods, or an equivalent or alternative method, specified in 40 CFRPart 60, Appendix B, or by a test method specified in any rule of the Secretary whichhas been incorporated as part ofthe federally approved State Implementation Plan. All references to particulate or particulate matter in this rule shall mean particulate matter emissions. 2.49. "Person" means any and all persons, natural or artificial, including the State ofWest Virginia or

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any other state and all agencies or divisions thereof, any state political subdivision, the United States of America, any municipal, public, statutory or private corporation or association organized or existing under the laws ofthis or any state or country, and any firm, partnership, or association ofwhatever nature. 2.50. "Plantwide applicabilitylimitation(PAL)" means an emissionlimitationexpressedintons peryear, for a pollutant at a major stationary source, that is enforceable as a practical matter and established sourcewide in accordance with subsections 25.1 through 25.15. 2.51. "PAL effective date" generally means the date ofissuance ofthe PAL permit. However, the PAL effective date for an increased PALis the date any emissions unit that is part ofthe PAL major modification becomes operational and begins to emit the PAL pollutant. 2.52. "PALeffectiveperiod" meanstheperiodbeginningwiththe PALeffective date andending 1Oyears later. 2.53. "PAL major modification" means, notwithstanding subsections 2.40 and 2.46 (the definitions for majormodification and net emissions increase), any physical change in or change inthe method ofoperation ofthe PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL. 2.54. "PAL permit" means the major NSR permit, the minor NSR permit, or the State operating permit under a program that is approved into the State Implementation Plan, or the title V permit issued by the Secretary that establishes a PAL for a major stationary source. 2.55. "PAL pollutant" means the pollutant for which a PAL is established at a major stationary source. 2.56. [Reserved.] 2.57. "Pollutionprevention" means any activity that through process changes, product reformulation or redesign, or substitution ofless polluting raw materials, eliminates or reduces the release of air pollutants (including fugitive emissions) and other pollutants to the environment prior to recycling, treatment, or disposal; it does not mean recycling (other than certain "in-process recycling" practices), energy recovery, treatment, or disposal. 2.58. "Potential to emit" means the maximum capacity ofa stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity ofthe source to emit a pollutant, including air pollution control equipment and restrictions on hours ofoperation or on the type or amount ofmaterial combusted, stored, or processed, shall be treated as part ofits design only ifthe limitation orthe effectit wouldhave on emissions is federally enforceable or is enforceable by the Secretary in any permit and/or consent order issued by the United States Envirornnental Protection Agency or by the Secretary. Secondary emissions do not count in determining the potential to emit ofa stationary source. 2.59. "Predictive emissions monitoring system (PEMS)" means all ofthe equipmentnecessaryto monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, 0 2 or C02 concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis. 2.60. "Prevention of Significant Deterioration (PSD) program" means a major source preconstruction permit program that has been approvedby the Administrator andincorporatedinto the State Implementation

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Plan, or the program in 40 CFR §52.21. Any permit issued under such a program is a major new source review (NSR) permit. 2.61. [Reserved.] 2.62. "Project" means a physical change in, or change in the method ofoperation of, an existing major stationary source. 2.63. "Projectedactual emissions" means the maximumannual rate, intons peryear, at whichan existing emissions unit is projected to emit a regulated NSR pollutant in any one ofthe 5 years (12-month period) following the date the unitresumes regular operation afterthe project, orinany one ofthe 10 years following that date, ifthe project involves increasing the emissions unit's design capacity or its potential to emit that regulated NSR pollutant and full utilization ofthe unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source. 2.63.a. Indetermining theprojected actual emissionsunder subsection2.63 (beforebeginning actual construction), the owner or operator ofthe major stationary source: 2.63.a.l. Shall considerall relevantinformation, includingbutnotlimitedto, historical operational data, the company's ownrepresentations, the company's expectedbusiness activity andthe company's highest projections ofbusiness activity, the company's filings with the State or Federal regulatory authorities, and compliance plans under the approved State Implementation Plan; and 2.63.a.2. Shall include fugitive emissions tothe extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions; and 2.63.a.3. Shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-monthperiodusedto establishthe baseline actual emissions under subsection 2.8 and that are also unrelated to the particularproject, including any increased utilization due to product demand growth; or 2.63.a.4. In lieu ofusing the method set out inparagraphs 2.63.a.1 through 2.63.a.3, may elect to use the emissions unit's potential to emit, in tons per year, as defined under subsection 2.58. 2.64. "Reactivation ofa very clean coal-fired electric utility steam generating unit" means any physical change or change in the method ofoperation associated with the commencement ofcommercial operations by a coal-fired utility unit after a period ofdiscontinued operation where the unit: 2.64.a. Has notbeeninoperationforthe two-yearperiodpriorto the enactment ofthe Clean Air Act Amendments of 1990, and the emissions from such unit continue to be carried in the Secretary's emissions inventory at the time ofenactment; 2.64.b. Was equippedpriorto shutdownwitha continuous systemofemissions controlthat achieves a removal efficiency for sulfur dioxide ofno less than eighty-five (85) percent and a removal efficiency for particulates ofno less than ninety-eight (98) percent; 2.64.c. Is equipped with low-NOx burners prior to the time of commencement of operations

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following reactivation; and 2.64.d. Is otherwise in compliance with the requirements ofthe CAA. 2.65. [Reserved.] 2.66. "Regulated NSR pollutant" means the following: 2.66.a. Any pollutantforwhich aNational Ambient Air Quality Standardhas beenpromulgatedand atry p<>lltt!anl identified mtdet thi• •ttbdi•i•i<>n a. a e<>t

.. tilttenl "' pteett'""' I<> •neh p<>lltt!ant. Pteett'""'" identified

### by the Achninishatm fm pmposcs vfHSR arc the This includes. but is not limited to. the following: 2.66.a.l. PM,_, emissions. and PM10 emissions shall include gaseous emissions from a source or activity whichcondense to formparticulatematterat ambienttemperatures. On orafterJanuarv 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2

_ 5 and PM10 in PSD permits. Compliance with emissions limitations for PM2

_ 5 and PM10 issued prior to this date shall not be based on condensable particularmatter unless requiredby the terms and conditions ofthepermitorthe applicable implementationplan. Applicability determinationsmade prior to this date without accounting for condensable particular matter shall not be considered in violation unless the applicable implementation plan required condensable particular matter to be included; 2.66.a.2. Any pollutant identified under this paragraph as a constituent or precursor to a pollutant for which a national ambient air quality standard has been promulgated. Precursors identified by the Administrator for pumoses ofNSR are the following: 2.66.a.l. 2.66.a.2.A. Volatile organic compounds andnitrogen oxides are precursors to ozone in all attainment and unclassifiable areas. 2.66.a.2. 2.66.a.2.B. Sulfur dioxide is a precursor to PM2

_ 5 in all attainment and unclassifiable areas. 2.66.a.3. 2.66.a.2.C. Nitrogenoxides are presumedto beprecursors to PM2

_ 5inall attainment and unclassifiable areas, unless the Secretary demonstrates to the Administrator's satisfaction or EPA demonstrates thatemissions ofnitrogen oxides from sources ina specific area are nota significantcontributor to that area's ambient PM2

_ 5 concentrations. 2.66.a.4. 2.66.a.2.D. Volatile organic compounds are presumed not to be precursors to PM2

_ 5 in any attainment or unclassifiable area, unless the Secretary demonstrates to the Administrator's satisfaction or EPA demonstrates that emissions ofvolatile organic compounds from sources in a specific area are a significant contributor to that area's ambient PM2

_ 5 concentrations. 2.66.b. Any pollutant that is subject to any standard promulgated under §111 ofthe CAA; 2.66.c. Any Class I or II substance subject to a standard promulgated under or established by title VI ofthe CAA; 2.66.d. Any pollutantthat otherwise is subjecttoregulationunderthe CAA as definedin subsection 2.80.



### 1645CSR14

2.66.e. Notwithstanding subdivisions 2.66.athrough 2.66.d, the termregulatedNSRpollutant shall not include any or all hazardous airpollutants either listed in §112 ofthe CAA, or added to the list pursuant to §112(b)(2) ofthe CAA, and which have not been delisted pursuant to §112(b)(3) ofthe CAA, unless the listedhazardous airpollutantis also regulated as a constituent orprecursor ofa general pollutant listedunder §108 ofthe CAA. 2.66.f. [Re•ened.] 2.67. "Relocate" or "Relocation" means the physical movement ofa source outside ofits existing plant boundaries. 2.68. "Replacementunit" means an emissions unit for which all the criteria listed in subdivisions 2.68.a through 2.68 .daremet. No creditable emissionreductions shallbegeneratedfrom shutting downthe existing emissions unit that is replaced. 2.68.a. The emissions unit is a reconstructed unit within the meaning of40 CFR §60.15(b)(1), or the emissions unit completely takes the place ofan existing emissions unit; 2.68.b. The emissions unit is identical to or functionally equivalent to the replaced emissions unit; 2.68.c. The replacement does not change the basic design parameter(s) ofthe process unit; and 2.68.d. The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. 2.69. "Repowering" means replacement ofan existing coal-fired boiler with one ofthe following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct andindirect coal-fired turbines, integratedgasificationfuel cells, or as determined by the Administrator, in consultation with the Secretary ofEnergy, a derivative ofone or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler orgeneration efficiency and with significantly greaterwaste reduction relative to the performance oftechnology in widespread commercial use as ofNovember 15, 1990. 2.69.a. Repowering shall also include any oil and/or gas-fired unit which has been awarded clean coal technology demonstration funding as ofJanuary 1, 1991, by the Department ofEnergy. 2.69.b. The Secretary shall give expedited consideration to permit applications for any source that satisfies the requirements ofthis subsection 2.69 and is granted an extension under §409 ofthe CAA. 2.70. [Reserved.] 2.71. "Representative actual annual emissions" means the average rate, in tons per year, at which the source is projectedto emit a pollutantforthe two-yearperiod after a physical change orchange inthe method of operation of a unit, (or a different consecutive two-year period within ten (1 0) years after that change, where the Secretary determines that such period is more representative of normal source operations), considering the effect any such change will have on increasing or decreasing the hourly emissions rate and

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### on projected capacity utilization. In projecting future emissions the Secretary shall: 2.7l.a. Consider all relevant information, including but not limited to, historical operational data, the company's own representations, filings with the State or Federal regulatory authorities, and compliance plans under Title IV ofthe CAA; and 2.7l.b. Exclude, in calculating any increase in emissions that results from the particular physical change or change in the method ofoperation at an electric utility steam generating unit, that portion ofthe unit's emissions following the change that couldhave been accommodatedduring the representative baseline period and is attributable to an increase in projected capacity utilization at the unit that is unrelated to the particular change, including any increased utilization due to the rate ofelectricity demand growth for the utility system as a whole. 2.72. "Secondary emissions" means emissions which would occur as a result of the construction or 

### operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose ofthis rule, secondary emissions must be specific, well defined, quantifiable, andimpactthe same general area as the stationary source ormodificationwhichcauses the secondary emissions. Secondary emissions include, but are not limited to emissions from any off-site support facility which would not otherwise be constructed or increase its emissions except as a result ofthe construction or operation ofthe major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe ofa motor vehicle, from a train, or from a vessel. 

### 2.73. "Secretary" means the Secretary ofthe Department ofEnvironmental Protection as defined in W. Va. Code §§22-1-6 or 22-1-8. 2.74. "Significant" means: 

### 2.74.a. In reference to a net emission increase or the potential of a source to emit any of the following pollutants, a rate ofemissions that would equal or exceed any ofthe following rates: Pollutant and Pollutant Emission Rate (tons per year) Carbon monoxide: 100 tpy Nitrogen oxides: 40 tpy Sulfur dioxide: 40 tpy Particulate matter: 25 tpy PM10 : 

### 15 tpy PM2

_ 5 : 

### 10 tpy ofdirect PM2

_ 5 

### emissions PM2

_ 5 : 

### 40 tpy of S02 

### emissions

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PM2

_ 5 : 40 tpy ofNOx emissions (unless demonstrated not to be a PM2

_ 5 precursor under subsection 2.66). Ozone: 40 tpy ofVOC orNOx Lead: 0.6 tpy Fluorides: 3 tpy Sulfuric acid mist: 7 tpy Hydrogen sulfide (H2S): 10 tpy Total reduced sulfur: 10 tpy (including H2S) Reduced sulfur compounds 10 tpy (including H2S): Municipal waste combustor organics (as total tetra- through octachlorinated 3.5x1o-' tpy dibenzo-p-dioxins and dibenzofurans): Municipal waste combustor metals (as particulate matter): 15 tpy Municipal waste combustor acid gases (as the sum of S02 and HCl): 40 tpy Municipal solid waste landfill emissions (as nornnethane organic compounds): 50 tpy 2.74.b. Inreference to a net emissions increase or the potential ofa source to emit a regulated NSR pollutant that is not listed in subdivision 2.74.a, any emissions rate; and 2.74.c. Notwithstanding subdivision 2.74.a, any emissions rate or any net enusswns increase associated with a major stationary source or major modification, which would construct within ten (1 0) kilometers ofany Class I area, andhave animpact on such area equal to orgreaterthan 111g/m 3 (twenty-four (24) hour average). 2.75

_ "Significantemissionsincrease" means, for aregulatedNSRpollutant, anincreaseinemissionsthat is significant (as defined in subsection 2.74) for that pollutant. 2.76. "Significant emissions unit" means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level (as defined in subsection 2.74 or in the CAA, whicheveris lower) for that PALpollutant, but less than the amount that would qualifY the unit as a major emissions unit as defined in subsection 2.39. 2.77. "Significant impact" means an increase in the ambient air concentration for a particular pollutant as follows: 

# I Averaging time (hours)

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Annual 24 8 3 1 Ambient Air Concentration Increase (11g/m3 ) 

## so, 1.0 5.0 25.0 PM10 1.0 5.0 N02 1.0 Ambient Air Concentration Increase (mg/m3 ) 

## co 0.5 2.0 2.78. "Small emissions unit" means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less thanthe significant level for that PAL pollutant, as defined in subsection 2.74 or in the CAA, whichever is lower. 2.79. "Source" or "Stationary source" means, for the purpose ofthis rule, any building, structure, facility, or installation which emits or may emit a regulated NSR pollutant. 2. 80. "Subjectto regulation" means, for any airpollutant, thatthe pollutantis subjectto either a provision in the Clean Air Act, or a nationally-applicable regulation codified by the Administrator under Title 40, Chapter I, Subchapter C ofthe Code ofFederal Regulations, that requires actual control ofthe quantity of emissions ofthat pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity ofemissions ofthat pollutant released from the regulated activity. Except that: 2.80.a. Greenhouse gases (GHGs), the air pollutant defined in 40 CFR §86.1818-12(a) as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation except as provided in subdivisions 2.80.d and 2.80.e. 2.80.b. Forpurposes ofsubdivisions 2.80.c through 2.80.e, the term tpy C02 equivalent emissions (C02e) shall represent an amount ofGHGs emitted, and shall be computed as follows: 2.80.b.l. Multiplying the mass amount ofemissions (tpy), for each ofthe six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to Subpart A of40 CFR Part 98- Global Warming Potentials. 

# p.,, ptttp.,•e• "fthi• pmagtaph, ptim !" Jttry 21, 2014, the nrass of the greenhouse gas carbon dioxide shail not include carbon dioxide cnrissions resulting flmn the emnbtt•ti"n "' dee"n'P"•itimt "fn.,n·fuMilized and bi.,degtadable "'gmtie ma!eti:d "'iginating frmn plant•, 

### and related industries as well as the non-fossilized and biodegradable mganic flactions ofindashial and bi.,degtadable "'gan:ie ma!eti:d). 2.80.b.2. Sum the resultant value from paragraph 2.80.b.1 for each gas to compute a tpy C02e. 2.80.c. The term emissions increase as used in subdivisions 2.80.d and 2.80.e shall mean that both a significant emissions increase (as calculated using the procedures in subsection 3.4) and a significant net



### 2045CSR14

emissions increase (as defined in subsections 2.46 and 2.74) occur. For the pollutant GHGs, an emissions increase shall be based ontpy C02e, and shall be calculated assuming the pollutant GHGs is a regulatedNSR pollutant, and "significant" is defined as 75,000 tpy C02e instead ofapplying the value insubdivision 2.74.b. 2.80.d. Beginning January 2, 2011, the pollutant GHGs is subject to regulation if: 2.80.d.l. The stationary source is a newmajor stationary source for a regulatedNSRpollutantthat is not GHGs, and also will emit or will have the potential to emit 75,000 tpy C02e or more; or 2.80.d.2. The stationary sourceis an existingmajor stationary sourcefor a regulatedNSRpollutant that is not GHGs, and also will have an emissions increase ofa regulated NSR pollutant, and an emissions increase of75,000 tpy co,e or more; and, 2.80.e. Beginning July 1, 2011, in addition to the provisions in subdivision 2.80.d, the pollutant GHGs shall also be subject to regulation: 2.80.e.l. At a new stationary source that will emit or have the potential to emit 100,000 tpy C02e; or 2.80.e.2. At an existing stationary source that emits orhas the potential to emit 100,000tpy C02e, when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of75,000 tpy C02e or more. 2.80.f. Notwithstanding subdivisions 2.80.d. and 2.80.e., and subject to the public notice requirements set forth in subdivision 2.80.g., the preconstruction permit requirements ofthis rule shall not apply to a source's GHG emissions if any ofthe following actions result in GHGs not being subject to regulationunderthe otherwise applicablefederal preventionofsignificantdeteriorationrequirements setforth in 40 CFR §51.166: 2.80.f.l. A US EPA final rule; 2.80.f.2. An act ofthe United States Congress; 2.80.f.3. A Presidential Executive Order; 2.80.f.4. A final order ofthe District ofColumbia Circuit Court ofAppeals, ifthe specified time for appealing the order has lapsed and no appeals, petitions seeking clarification or rehearing, or other petitions regardingthe orderhave beenfiled, or, ifany appeals orpetitions are filed, the resolution ofany and all appeals andpetitionsregardingthefinal orderare complete andhaveupheldtherelevantdeterrnination(s). Moreover, a stay shall also create an exemption during the effective length ofthe stay. These two specific exemptions shall become effective only ifUS EPA does not object inwriting by the end ofthe notice period set forth in subdivision 2.80.g.; or 2.80.f.5. An order ofthe United States Supreme Court. 2.80.g. The exemption set forth in subdivision 2.80.f. shall become effective after the Secretary provides a thirty day notice ofsuch exemption to US EPA and the public. Such notice shall be published in the West Virginia Register and explain the circumstancesjustifYing the exemption.

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### 2.81. "TSP" or "Total suspendedparticulatematter" meansparticulatematter as measuredbythe methods described in Appendix B of40 CFR Part 50. 2.82. "Temporary clean coal technology demonstration project" means a clean coal technology demonstrationprojectthatis operatedfor a period offive (5) years orless, and which complies withthe State Implementation Plan and other requirements necessary to attain and maintain the National Ambient Air Quality Standards during and after the project is terminated. 2. 83. [Reserved.] 2.84. "US EPA" means the United States Envirornnental Protection Agency. 2.85. "Volatile organic compounds (VOC)" is as defined in 40 CFR §51.100(s). §45-14-3. Applicability. 

### 3.1. The requirements ofthis rule apply to the construction of any new major stationary source (as defined in subsection 2.43) or any proposed project at an existing major stationary source in an area designated as attairnnent or unclassifiable under §§107(d)(l)(A)(ii) or (iii) ofthe CAA. 3.2. The requirements ofsections 7 through 13 and sections 17 through 19 apply to the construction of any new major stationary source or the major modification ofany existing major stationary source, except as this rule otherwise provides. 3.3. No new major stationary source or major modification to which the requirements of sections 7 through 13 and sections 17 through subsection 19.7 apply shall begin actual construction without a permit issued by the Secretary that states that the major stationary source or major modification will meet those requirements. 

### 3.4. Determination ofmajor modification.

-- The determination as to whether a proposed project is a major modification for a regulated NSR pollutant shall be determined in accordance with the specific provisions set forth in subdivisions 3.4.a through 3.4.f. 3.4.a. Except as otherwise provided in subsections 3.5 and 3.6, and consistent with the definition of major modification contained in subsection 2.40, a project is a major modification for a regulated NSR pollutant if it causes two types of emissions increases

-- a significant emissions increase (as defined in subsection 2.75), and a significant net emissions increase (as defined in subsections 2.46 and 2.74). The proposed project is not a major modification ifit does not cause a significant emissions increase. Ifthe proposed project causes a significant emissions increase, then the project is a major modification only ifit also results in a significant net emissions increase. 

### 3.4.b. The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step ofthe process) will occur depends upon the type ofemissions units being modified, according to subdivisions 3.4.c through 3.4.f. The procedure for calculating (before beginning actual construction) whether a significantnet emissions increase will occur at the major stationary source (i.e., the second step ofthe process) is contained in the definition in subsection 2.46. Regardless of any suchpreconstructionprojections, amajormodificationresults iftheprojectcauses a significantemissions increase and a significant net emissions increase.



### 2245CSR14

3.4.c. Actual-to-projected-actual applicability test for projects that only involve existing emissions units. --A significant emissions increase ofa regulated NSR pollutant is projected to occur ifthe sum ofthe difference between the projected actual emissions (as defined in subsection 2.63) and the baseline actual emissions (as definedin subdivisions 2.8.a and 2.8.b), for each existing emissions unit, equals orexceeds the significant amount for that pollutant (as defined in subsection 2.74). 3.4.d. Actual-to-potential test for projects that only involve construction ofa new emissions unit(s).

-- A significant emissions increase ofaregulatedNSRpollutantis projectedto occurifthe sumofthe difference between the potential to emit (as defined in subsection 2.58) from each new emissions unit following completion ofthe project and the baseline actual emissions (as defined in subdivision 2.8.c) ofthese units before the project equals or exceeds the significant amount for that pollutant (as defined in subsection 2.7 4). 3.4.e. [Reserved] 3.4.f. Hybridtestfor projects thatinvolve multipletypes ofemissions units.-- A significant emissions increase of a regulated NSR pollutant is projected to occur ifthe sum ofthe emissions increases for each emissions unit, using the method specified in subdivisions 3.4.c through 3.4.d as applicable with respect to eachemissions unit, for eachtype ofemissions unitequals orexceeds the significantamountforthatpollutant (as defined in subsection 2.74). 3.5. Forany major stationary source subjectto aPALforaregulatedNSRpollutant, the major stationary source shall comply with the requirements set forth in section 25. §45-14-4. Ambient Air Quality Increments and Ceilings. 4.1. No increases in pollutant concentrations over the baseline concentrations are allowed in excess of those listed below:

Maximum Allowable Pollutant Concentration Increase over Baseline Concentration (11g/m3 ) Class I Areas Particulate matter: PM2

_ 5, Annual arithmetic mean 1 PM2

_ 5, 24-hour maximum 2 PM10, Annual arithmetic mean 4 PM10, 24-hour maximum 8 Sulfur dioxide: Annual arithmetic mean 2 24-hour maximum 5 3-hour maximum 25 Nitrogen dioxide: Annual arithmetic mean 2.5 Class II Areas

2345CSR14

Particulate matter: PM2 .5, Annual arithmetic mean 4 PM2 .5, 24-hour maximum 9 PM10, Annual arithmetic mean 17 PM10, 24-hour maximum 30 Sulfur dioxide: Annual arithmetic mean 20 24-hour maximum 91 3-hour maximum 512 Nitrogen dioxide: Annual arithmetic mean 25 Class III Particulate matter: PM2 .5, Annual arithmetic mean 8 PM2 .5, 24-hour maximum 18 PM10, Annual arithmetic mean 34 PM10, 24-hour maximum 60 Sulfur dioxide: Annual arithmetic mean 40 24-hour maximum 182 3-hour maximum 700 Nitrogen dioxide: Annual arithmetic mean 50 4.2. For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one (1) such period per year at any one location. 4.3. Nopollutantconcentration shall exceedanyprimary or secondary air quality standardpromulgated: 4.3.a. by the Secretary; or 4.3.b. by the US EPA. §45-14-5. Area Classification. 5.1. Dolly Sods Wilderness Area and Otter Creek Wilderness Area are designated as Class I Areas; 5.2. The Spruce Knob-Seneca Rocks National Recreational Area, the Cranberry National Wilderness, and the New River Gorge National Scenic River are designated as Class II Areas; and 5.3. The remainder ofthe State ofWest Virginia is designated as a Class II Area. §45-14-6. Prohibition ofDispersion Enhancement Techniques.

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### 6.1. The use ofstack heights which exceed good engineering practice or any dispersion techniques to reduce the concentration ofany air pollutant and thereby, affect the degree ofemission limitation required is prohibited unless a stack existed or dispersion technique was implemented before December 31, 1970. §45-14-7. Registration, Reporting and Permit Requirements for Major Stationary Sources and Major Modifications. 

### 7.1. No person shall allow the construction or relocation of any major stationary source or a major modification to be commenced after the effective date ofthis rule in any area designated as attainment or unclassifiable under §107 ofthe CAA, without notifying the Secretary ofsuch intent and obtaining prior to beginning actual construction, or modification (as defined by subsection 2.10) a permit(s) to so construct, modify, orrelocate the major stationary source ormajormodification as hereinprovided. Ifthe area inwhich such source would be constructed or the area in which such modification would occur is designated as nonattainmentunder §107 ofthe CAA, as amended, for any pollutantwhichthe source ormodification would emitin significant amounts (as definedby subsection 45CSR19-2.65), the source or modification shall meet all requirements of45CSR19 for thatpollutant and shall notbe subjectto the requirements ofthisrule forthat pollutant. 7.2. The owner or operator ofthe source shall file with the Secretary a timely and complete permit application containing sufficient information as, in thejudgment ofthe Secretary, will enable the Secretary to determine whether such source construction, modification, or relocation will be in conformance with the provisions ofany rules promulgated by the Secretary in general and with the requirements ofthis rule. Such information may include, but not be limited to: 7.2.a. A description ofthe nature, location, design capacity, and typical operating schedule ofthe source or modification, including specifications and drawings showing its design and plant layout; 7.2.b. A detailed schedule for construction ofthe source or modification; 7.2.c. A detailed description as to what system of continuous emission reduction is planned by the source or modification, emission estimates, and any other information as necessary to determine that best available control technology as applicable would be applied; 7.2.d. The air quality impact ofthesource ormodification, includingmeteorological andtopographical data necessary to estimate such impact; and 7.2.e. The air quality impacts and the nature and extent ofany or all general commercial, residential, industrial, and othergrowth which has occurred since August 7, 1977, inthe area the source or modification would affect. 7.3. Each permit application shall be signed by the owner or operator ofthe major stationary source or major modification, and such signature shall constitute an agreement that the applicant will assume responsibility for the construction, modification, or relocation, and operation ofthe major stationary source or major modification in accordance with applicable rules ofthe Secretary, the permit application, and any permit issued pursuant to this rule. 7.4. Within thirty (30) days ofthe receipt of a permit application for construction or relocation of a major stationary source or for a major modification, the Secretary shall determine if the application is



### 2545CSR14

complete or ifthere exists any deficiency in the application or information submitted, and shall notifY the applicant of all such deficiencies, if any. In the event of such a deficiency, the date of receipt of the application shall be the date on which the Secretary received all required information. 7.5. Within six (6) months ofthereceipt ofa complete permit applicationfor construction orrelocation ofa major stationary source or for a major modification, the Secretary shall issue such a permit unless the Secretary determines that the proposed major stationary source or major modification has not satisfied the requirements ofthis rule, will violate applicable emission standards, will interfere with the attainment or maintenance ofapplicable ambient air quality standards, or will be inconsistent with the intent and purpose of this rule, in which case the Secretary shall issue an order for the prevention of such construction, modification, or relocation. 7.6. Ifthe Secretary denies apermit applicationfortheproposedconstruction orrelocation ofany major stationary source or major modification, the order shall set forth the Secretary's reasons with reasonable specificity. 7. 7. The Secretary may impose any reasonable conditions as part of a granted construction, modification, or relocation permit. Such conditions may include, but not be limited to, the submission of periodic progress or operation reports, the provisions ofa suitable sampling site, the installation ofpollutant monitoring devices, and the operation and maintenance ofambient air quality monitoring stations. §45-14-8. Control Technology Requirements. 8.1. Anypersonproposingto construct orrelocate a major stationary source ormajormodification shall meet each applicable emissions limitation promulgated by the Secretary and any applicable emissions standard or standard ofperformance under 40 CFR Parts 60, 61 and 63. 8.2. Any personproposing to construct a new major stationary source shall apply best available control technology for each regulated NSR pollutant that it would have the potential to emit in significant amounts. 8.3. Anypersonproposing a majormodificationofa stationary source shall apply best available control technology for each regulated NSR pollutant for which such proposed major modification would cause a significant net emissions increase from such source. This requirement applies to each proposed emissions unit at which a net emissions increase inthe pollutant would occur as a result ofa physical change or change in the method ofoperation in the unit. 8.4. Forany proposedconstructionofamajor stationary source ormajormodificationwhichis aphased construction project, the determination ofbest available control technology shall be reviewed and modified as appropriate at the last reasonable time which occurs no later than eighteen (18) months prior to commencement ofconstructionofeachindependentphase oftheproject. At suchtime, the owner oroperator of the applicable stationary source may be required to demonstrate the adequacy of any previous determination ofbest available control technology for the source. §45-14-9. Requirements Relating to the Source's Impact on Air Quality. 9.1. RequiredDemonstration. --Anypersonproposingto constructorrelocate amajorstationary source orto make amajormodification shall demonstratethat allowable emissionincreasesfromthe proposedsource or modification, in conjunction with all other applicable emission increases or reductions (including



### 2645CSR14

secondary emissions) would not cause or contribute to air pollution in violation of: 9.l.a. Any National Ambient Air Quality Standard in any air quality control region; or 9.l.b. Any applicable maximum allowable increase over the baseline concentration in any area. 9.2. Significant Impael Le•

### e!.

. .. Frn pmp<,.e• <>f**P~4,,** !lie aelftOflStratioft re""irea ifl SHeseetioft 9.1 is dccnrcd to have been nradc 

### if the cnrissions increase flmn the ncvv stationary somcc alone VI flmn the

P<>llttlanl il:•etaging 'fime Ela" I il:tea Ela" II il:tea Ela" III il:tea il:nm"d 8. 86 Jtgini' 8.3 

### J:tginr" 8.3 

### J:tginr" 

### PM, 8.87 Jtgini' 1.2 p:g/nr"' 1.2 p:g/nr"' 24·h<>m §45-14-10. Modeling Requirements. 10.1. All estimates ofambient concentrations required under section 9 shall be based on the applicable air quality models, data bases, and other requirements specified in the Appendix W of 40 CFR Part 51 (Guideline on Air Quality Models). 10.2. Where an air quality impact model specified in Appendix W of40 CFR Part 51 (Guideline on Air Quality Models)is inappropriate, themodelmay bemodifiedoranothermodel substituted, providedthat said modification or substitution is approved in writing by the Administrator. §45-14-11. Air Quality Monitoring Requirements. 11.1. Any person proposing to construct or relocate a major stationary source shall provide an analysis ofthe ambient air quality in the area that the major stationary source would affect for each pollutant that it would have the potential to emit in a significant amount. 11.2. Any personproposing to make a majormodificationto a stationary source shall provide ananalysis ofthe ambient air quality in the area that the major modification would affect for each pollutant for which it would result in a significant net emissions increase. 11.3. Forthose pollutants for which no National or West Virginia Ambient Air Quality Standard exists, the analysis shall contain such air quality monitoring data as the Secretary determines is necessary to assess ambient air quality for that pollutant in any area that the emissions ofthat pollutant would affect. 11.4. Forthose pollutants (other thannon-methane hydrocarbons) for which such an ambient air quality standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes ofdetermining whether emissions ofthat pollutant would cause or contribute to a violation ofthe standard or any maximum allowable increase. ll.5. All ambient air quality monitoring data that is required shall have been gathered over a period of one (1) year and shall represent the year preceding receipt ofthe application, except that, ifthe Secretary determines that a complete and adequate analysis can be accomplished with monitoring data gathered over

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a period shorterthan one (1) year (butnotto be less thanfour (4) months), the data that is required shall have been gathered over at least that shorter period. 11.6. Any person proposing to construct or relocate a major stationary source or make a major modification shall, after construction of the stationary source or modification, conduct such ambient monitoring as the Secretary determines is necessary to determine the effect emissions from the stationary source or modification may have, or are having, on air quality in any area. 11.7. Operation ofmonitoring stations required by section 11 shall meet the requirements ofAppendix B of40 CFR Part 58 during the operation ofthe monitoring stations. §45-14-12. Additional Impact Analysis Requirements. 12.1. Any person proposing to construct or relocate a major stationary source or make a major modification shall provide: 12.l.a. An analysis oftheimpairmentto visibility, soils, andvegetationthat would occur as a result ofthe source ormodification andgeneral commercial, residential, industrial, andothergrowthassociatedwith the source or modification. The owner or operator need not provide an analysis ofthe impact onvegetation having no significant commercial or recreational value; and 12.l.b. An analysis ofthe air quality impact projectedfor the area as a result ofgeneral commercial, residential, industrial and other growth associated with the source or modification. §45-14-13. Additional Requirements and Variances for Sources Impacting Federal Class I Areas. 13.1. Notice to EPA.

-- The Secretary shall transmit to the Administrator a copy of each permit application relating to a major stationary source or major modification impacting a Class I area and provide notice to the Administrator ofevery action related to the consideration ofsuch permit. 13.2. Notice to Federal land managers. -- The Secretary shall provide written notice of any permit application for a proposed major stationary source or major modification, the emissions from which may affect a Class I area, to the Federal land manager or the Federal official, charged with direct responsibility for management ofany lands within any such area. Such notification shall include a copy ofall information relevant to the permit application and shall be given within 30 days ofreceipt and at least 60 days prior to any public hearing on the application for a permit to construct. Such notification shall include an analysis ofthe proposed source's anticipated impacts on visibility in the Federal Class I area. 13.3. The Secretary shall also provide the Federal land manager or such Federal officials with a copy of thepreliminary determinationrequiredunder subsection 17.2, and shall make availabletothemany materials used in making that determination, promptly after the Secretary makes such determination. Finally, the Secretary shall also notify all affected Federal land managers within 30 days of receipt of any advance notification ofany such permit application. 13.4. Federal Land Manager.-- The Federal Land Manager or the Federal official, charged with direct responsibility for managementofsuchlands has an affirmative responsibility to protectthe air quality related values (including visibility) of such lands and to consider, in consultation with the Secretary, whether a proposed source or modification will have an adverse impact on such values.



### 2845CSR14

13.5. The Federal Land Manager ofthe affected Class I area may present to the Secretary during the public review process described in section 17 a demonstration that the emissions from the proposed major stationary source or major modification would have an adverse impact on the air quality-related values (including visibility) ofany Federal mandatory Class I lands, notwithstanding that the change in air quality resulting from emissions from such source or modification would not cause or contribute to concentrations which would exceedthe maximum allowable increases for a Class I area. Ifthe Secretary concurs with such demonstration, the Secretary shall deny the permit to construct. 13.6. Class I variances.-- The owner or operator ofa proposed source or modification may demonstrate to the Federal Land Manager that the emissions from such source or modification would have no adverse impact on the air quality related values of any such lands (including visibility), notwithstanding that the change in air quality resulting from emissions from such source or modification would cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I area. Ifthe Federal land manager concurs with such demonstration and he so certifies, the Secretary may issue the permit: Provided, That the applicable requirements ofthis section are otherwise met, to issue the permit with such emissionlimitations as maybenecessaryto assure that emissions ofsulfurdioxide, PM2

_ 5, PM10, andnitrogen oxides would not exceed the following maximum allowable increases over minor source baseline concentration for such pollutants:

Maximum Allowable Pollutant Concentration Increase over Minor Source Baseline Concentration (11g/m3 ) Particulate Matter: PM2

_ 5, Annual arithmetic mean 4 PM2

_ 5, 24-hr maximum 9 PM10, Annual arithmetic mean 17 PM10, 24-hr maximum 30 Sulfur dioxide: Annual arithmetic mean 20 24-hr maximum 91 3-hr maximum 325 Nitrogen dioxide: Annual arithmetic mean 25 13.7. An applicant for a permit pursuant to this rule shall be allowed the Class I variances as provided in 40 CFR §§51.166(p)(4), (5), (6), and (7) as containedin the Code ofFederal Regulations onJuly 1, 1994, provided, that all requirements of said 40 CFR §§51.166(p)(4), (5), (6), and (7) are met and written notification ofvariance in accordance with said section(s) is provided to the Secretary. §45-14-14. Procedures for Sources Employing Innovative Control Technology. 14.1. Any person proposing to construct or modifY a major stationary source ormajormodification may petition the Secretary to approve a system ofinnovative control technology in lieu ofbest available control technology. Any such proposed innovative control technology shall meet the following conditions: 14.l.a. The proposedcontrol systemwouldnot cause or contribute to anunreasonable risktopublic health, welfare, or safety in its operation or function; 

### 2945CSR14



### 14.l.b. Theproposed source ormodificationmust achieve alevel ofcontinuous emissionsreduction equivalent to that which would have been required under section 8 by a date specified by the Secretary; 14.l.c. The source or modification would meet requirements equivalent to all requirements ofthis rule that a stationary source employing a system ofbest available control technology would be required to meet; 

### 14.l.d. Before the date specified in subsection 14.4, the source or modification would: 14.l.d.l. Not cause or contribute to any violation ofan applicable National Ambient Air Quality Standard; 14.l.d.2. Not impact any area where an applicable increment is known to be violated; 14.l.d.3. Meet all other applicable requirements including those for public participation; and 14.l.e. The provisions of40 CFR §51.166(p) (relating to Class I areas) have been satisfied with respect to all periods during the life ofthe source or modification. 14.2. The Secretary shall consultwiththe govemor(s) ofother state(s) and the Federal LandManager(s) ofareas impacted by the proposed source or modification. 14.3. The Secretary, with the concurrence ofthe govemor(s) of other state(s) and the Federal Land Manager(s), may make a determination that the source or modification would be employing innovative control technology. 14.4. The Secretary shall specify a date by whichthe source ormodificationmustmeetthe requirements and conditions ofsubsection 14.1. Such date shall not be later than four (4) years from the time ofstart-up or seven (7) years from permit issuance. 14.5. The Secretary shall withdraw any approval to employ a system ofinnovative control technology made under this section 14 if: 14.5.a. Theproposed systemfails by the specifieddate to achieve the requiredcontinuous emissions reduction rate; or 

### 14.5.b. The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or 14.5.c. The Secretary decides at any time thatthe proposedsystemis unlikelyto achieve the required level ofcontrol or to protect the public health, welfare, or safety. 14.6. Ifthe source or modification fails to meet the required level of continuous emissions reduction within the specified time period, or ifthe approval is withdrawn in accordance with subsection 14.5, the Secretary shall specify a date by which the source or modification shall meet the requirement for the application ofbest available control technology through use ofa demonstrated system ofcontrol. This date shall not exceed three (3) years from the date ofthe end ofthe specified time period or the date that the approval is withdrawn, whichever is earlier.

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§45-14-15. Exclusions From Increment Consumption. 15.1. The following concentrations shall be excluded in determining compliance with a maximum allowable increase: 15.l.a. Concentrations attributable to the increase in emissions from stationary sources whichhave converted from the use ofpetroleum products. natural gas. or both by reason of an order in effect under sections 2(a) and (b) ofthe Energy Supply andEnviromnental Coordination Act of 1974 (or any superseding legislation as ofthe effective date ofthis rule) overthe emissions from such sources before the effective date ofsuch an order; 15.l.b. Concentrations attributable to the increase in emissions from sources whichhave converted from using natural gas by reason ofnatural gas curtailment plan in effect pursuant to the Federal Power Act over the emissions from such sources before the effective date ofsuch plan; 15.l.c. Concentrations of particulate matter attributable to the increase in em1sswns from construction or other temporary emission-related activities ofnew or modified sources; and 15.l.d. Concentrations attributable to the temporary increase in emissions of sulfur dioxide. particulate matter. or nitrogen oxides from stationary sources so long as such exclusionmeets the following requirements: 15.l.d.l. The temporary em1sswns increase of sulfur dioxide. particulate matter or nitrogen dioxides does not exceed two (2) years in duration; 15.l.d.2. The exclusion period for the temporary emissions increase is not renewable; and 15.l.d.3. The exclusion allows no emissions increases from a stationary source which would: 15.l.d.3.A. Impact a Class I area or an area where an applicable increment is known to be violated; or 15.l.d.3.B. Cause or contribute to a violation ofa National Ambient Air Quality Standard. 15.l.d.4. The exclusion requires limitations to be in effect at the end of the exclusion period specified in paragraph 15.l.d.1. which ensures that the emissions levels from stationary sources would not exceed those levels occurring from such sources before the temporary increase. 15.2. No exclusion ofsuch concentrations shall apply more thanfive (5) years afterthe effective date of the order to which subdivision 15.l.a refers or the plan to which subdivision 15.l.b refers. whichever is applicable. Ifboth such order andplan are applicable. no such exclusion shall apply more thanfive (5) years after the later ofsuch effective dates. §45-14-16. Specific Exemptions. 16.1. A non-profit health ornon-profit educational institutionproposing to construct orrelocate a major stationary source or to make a major modification may petition the Secretary for an exemption from the requirements ofsubsections 8.2. 8.3 and 8.4 and sections 9. 11 and 12.

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16.2. The source or modification that would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification and such source does not belong to any ofthe source categories listed in Table 1 may petition the Secretary for exemption from the requirements of subsections 8.2, 8.3, 8.4 and sections 9, 11 and 12. 16.3. Anypersonproposingto relocate a source ormodificationthatis aportable stationary sourcewhich has previously received a permit under this rule may petition the Secretary for an exemption from the requirements of subsections 8.2, 8.3 and 8.4 and sections 9, 11 and 12. The Secretary shall grant this exemption ifthe following conditions are met: 16.3.a. The source proposes to relocate and emissions ofthe source at the new location would not exceed two (2) years; 16.3.b. The emissions from the source would not exceed its allowable emissions; 16.3.c. The emissions from the source wouldimpactno Class I area andno areawhere an applicable increment is known to be violated; 16.3.d. The source identifies the proposed new location and the probable duration ofoperation at the new location; and 16.3.e. Such petition shall be submitted to the Secretary not less than ten (10) days in advance of the proposed relocation unless a different time duration is previously approved by the Secretary. 16.4. Requirements equivalent to those contained in subsections 8.2, 8.3 and 8.4 and sections 9, 11 and 12 do not apply to a major stationary source ormajormodification withrespectto a particularpollutant ifthe owner or operator demonstrates that, as to that pollutant, the source or modification is located in an area designated as nonattainrnent under §107 ofthe CAA. 16.5. Any person proposing to construct or relocate a major stationary source or make a major modificationmaypetitionthe Secretaryfor anexemptionfrom therequirements ofsections 9through 12 with respect to a particular pollutant and the Secretary shall grant such exemption, ifthe allowable emissions of that pollutant from a new source, or the net emissions increase ofthat pollutant from a modification, would not exceed two (2) years, would not impact any Class I area and would not impact any area where an applicable increment is known to be violated. 16.6. Any person proposing to modifY a major stationary source located in a Class II area that was in existence prior to March 1, 1978 may petition the Secretary for an exemption from the requirements of sections 9, 11 and 12 as they relate to any maximum allowable increase for a Class II area. The Secretary shall grant such exemption ifthe net increase in allowable emissions ofeach regulated NSR pollutant from the modification after the application ofbest available control technology would be less than fifty (50) tons per year. 16.7. Any person proposing to construct or relocate a major stationary source or make a major modification may petition the Secretary for an exemption from the requirements ofsection 11 with respect to a particular pollutant if:

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16.7.a. The applicantdemonstrates thatthe emissions increase ofthepollutantfrom anew stationary source or the net emissions increase ofthe pollutant from a modification would cause, in any area, an air quality impact less than the amounts listed in Table 2; or 16.7.b. The applicantdemonstrates thatthe concentrations ofthepollutantinthe areathatthe source or modification would affect are less than the concentrations listed in Table 2; or 16.7.c. The applicant's request is for any pollutant which is not listed in Table 2.

Table 2 -De Minimis Air Quality Impacts Pollutant Concentration Averaging Time (11g/m3 ) Carbon Monoxide 575 8-hour Nitrogen Dioxide 14 annual 

### I'M,- 4 

### z4·h"m PM10 10 24-hour Sulfur Dioxide 13 24-hour Ozone1 None NA Lead 0.1 3-month Fluorides 0.25 24-hour Hydrogen Sulfide 0.2 1-hour Total Reduced Sulfur 10 1-hour Reduced Sulfur Compounds 10 1-hour

1 No de minimis air quality level is provided for ozone. However, any net emissions increase of 100 tons per year or more ofvolatile organic compounds ornitrogen oxides subjectto PSDwouldberequiredto perform an ambient impact analysis, including the gathering ofair quality data. 16.8. The permitting requirements contained in subdivision 9.l.b do not apply to a stationary source or modification with respect to any maximum allowable increase for nitrogen oxides ifthe owner or operator ofthe source or modification submitted an application for a permit to the Secretary before the provisions embodying the maximum allowable increase took effect as part ofthe plan and the Secretary subsequently determines that the application as submitted before that date was complete. 16.9. The permitting requirements contained in subdivision 9.l.b shall not apply to a stationary source or modification with respect to any maximum allowable increase for PM10 if: 16.9.a. The owner or operator ofthe source or modification submitted an application for a permit to the Secretary before the provisions embodying the maximum allowable increases for PM 10 took effect as part ofthe plan, and

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16.9.b. The Secretary subsequently determines thatthe application as submittedbefore that date was complete. Instead, the applicable requirements ofsubdivision 9.l.b shall apply withrespect to the maximum allowable increases for TSP as in effect on the date the application was submitted. 16.10. The requirements ofsubsection 9.1 shall not apply to a stationarv source or modification with respect to the national ambient air quality standards for PM2

_ 5 in effect on March 18, 2013 if: 16.10.a. The Secretarv has determined a permit application subject to this section to be complete on or before December 14, 2012. Instead, the requirements in subsection 9.1 shall apply with respect to the national ambient air quality standards for PM,_, in effect at the time the Secretary determined the permit application to be complete; or 16.10.b. The Secretary has first published before March 18, 2013 a public notice of a preliminary determination for the permit application subject to this section. Instead. the requirements in subsection 9.1 shall apply with respect to the national ambient air quality standards for PM,_, in effect at the time offirst publication ofa public notice on the preliminary determination. §45-14-17. Public Review Procedures. 17.1. At the time that an application for a construction, modification or relocation permit is filed, the applicant shall place a Class I legal advertisementin a newspaper ofgeneral circulationin the area where the source will be located. No permit shall be issued to any applicant until at least thirty (30) days notice has been provided to the public. The advertisement shall contain at a minimum, the name ofthe applicant, the type and location ofthe source, the type and amount ofair pollutants proposed to be discharged, the nature ofthe permitbeing sought, the proposed start-up date for the source and a contacttelephone numberformore information. 17.2. After finishing the review of a complete application, the Secretary shall make a preliminary determination whether a permit should be approved, approved with conditions, or disapproved. 17.3. The Secretary shall make available in at least one location in the region in which the proposed source would be constructed a copy of all materials the applicant submitted (excluding data entitled to protection as confidential informationunder 45CSR31), a copy ofthe preliminary determination, and a copy or summary ofother materials, ifany, considered in making the preliminary determination. 17.4. The Secretary shall place a Class I legal advertisement in a paper ofgeneral circulation in the area where the proposed source would be constructed, modified, or relocated. The advertisement shall contain, as a minimum, the name ofthe applicant, the type and location ofthe source, the proposed start-up date, the preliminary determination, the degree of increment consumption that is expected from the source or modification, notification ofthe opportunity for written public comment, provisions for requesting a public meeting, details concerning the time and place ofsuch a meeting ifone is scheduled, and notification ofthe opportunity for comment at a public meeting ifsuch meeting is to be conducted. A public comment period ofthirty (30) days shall be provided and so stated in the advertisement. 17.5. The Secretary shall send a copy ofthe advertisement to the applicant, to the Administrator, and to officials and agencies having cognizance over the location where the proposed construction would occur as follows: any other State or local air pollution control agencies, the chiefexecutives ofthe city and county where the source wouldbe located; any comprehensive regional landuseplanning agency, any State, and any

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Federal Land Manager, whose lands may be affected by emissions from the source or modification. 17.6. The Secretary shall considerpublic comments submittedwithinthirty (30) days afterthe Secretary's public notification of an opportunity for comment upon a proposed construction or relocation of a major stationary source or major modification, and comments submitted within a specified period not to exceed fifteen (15) days after any public meeting to receive comment on such proposed construction, modification, orrelocationbeforemaking a final decision onthe approvability ofthe application. The Secretary shallmake copies of all comments available for public inspection in the same locations where the Secretary made available preconstruction information relating to the proposed source or modification. 17.7. The Secretary shall make a final determinationwhetherconstruction shouldbe approved, approved with conditions, or disapproved. 17.8. The Secretary shall notifY the applicant in writing ofthe final determination and make a copy of such notification available for public inspection at the same location where the Secretary made available preconstruction information and public comments relating to the proposed source or modification. §45-14-18. Public Meetings. 18 .1. Publicmeetingstoreceive comments onpermitapplications shallbeheldwhenthe Secretary deems it appropriate or when substantial interest is expressed, in writing, by persons who might reasonably be expected to be affected by the proposed major source or major modification. 18.2. The Secretary or the Secretary's designee shall preside over such meetings and ensure that all interestedparties have ample opportunity to present comments. Suchmeetings shall be held at a convenient place as near as practicable to the location ofthe proposed major source or major modification. 18.3. At a reasonable time prior to such meetings, the Secretary shall provide appropriate information to news media in the area where the proposed source or modification is to be located. §45-14-19. Permit Transfer, Cancellation and Responsibility. 19.1. A permittee may petition the Secretary for a transfer ofa permit previously issued in accordance with this rule. The Secretary shall approve such permit transfer provided the following conditions are met: 19.l.a. The permittee, in the petition, describes the reasons for the requested permit transfer and certifies that the subject source is in compliance with all the provisions and requirements ofits permit, and 19.l.b. The transferee provides written acknowledgment thatit accepts andwill comply with all the requirements, terms, and conditions as contained in the subject permit. 19.2. The Secretary shall suspend or revoke a permit if, after eighteen (18) months from the date of issuance the holder ofthe permit cannot provide the Secretary, at the Secretary's request, with written proof ofagoodfaith effortthat suchconstruction, modification, orrelocationhas commencedandremains ongoing. Such proofshall be provided not later than thirty (30) days after the Secretary's request. 19.3. The Secretarymay suspend, modifY, orrevoke thepermitiftheplans and specifications uponwhich the approval was based or the conditions established in the permit are not adhered to. Upon notice ofthe

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Secretary's intent to suspend, modifY or revoke a permit, the permittee may request a conference with the Secretary in accordance withthe provisions ofW.Va. Code §22-5-5 to show cause why the permit shouldnot be suspended, modified or revoked. 19.4. Any owner or operator who constructs, modifies or relocates any stationary source not in accordance with the application submitted pursuant to this rule or with the terms ofany permit to construct, modifY or relocate, or any owner or operator ofa source subject to this rule who commences construction after the effective date ofthis rule without applying for and receiving approval hereunder, shall be subject to appropriate enforcement action. 19.5. Possession ofa permit does not relieve any person oftheresponsibility ofcomplying with any and all rules ofthe Secretary or W.Va. Code § 22-1-1 et seq. 19.6. [Reserved.] 19.7. Any person who owns or operates any particular source or modification which becomes a major stationary source or majormodification solely by virtue ofa relaxation in any limitation, enforceable by the Administrator or the Secretary, on the capacity ofthe source or modification otherwise to emit a pollutant (such as a restriction on hours ofoperation), shall become subject to the requirements ofthis rule as though construction had not yet commenced on the source or modification. 19.8. Except as otherwise provided in subdivision 19.8.f, the following specific provisions apply with respectto any regulatedNSRpollutant emittedfrom projects at existing emissions units at a major stationary source (other than projects at a source with a PAL) in circumstances where there is a reasonable possibility, within the meaning ofsubdivision 19.8.f, that a project that is not a part ofa major modification may result in a significant emissions increase of such pollutant, and the owner or operator elects to use the method specified in paragraphs 2.63.a.1 through 2.63.a.3 for calculating projected actual emissions. 19.8.a. Before beginning actual construction ofthe project, the owner or operator shall document and maintain a record ofthe following information: 19.8.a.l. A description ofthe proposed project; 19.8.a.2. Identificationofthe emissionsunit(s)whose emissions ofaregulatedNSRpollutantcould be affected by the proposed project; and 19.8.a.3. A description ofthe applicability test used to determine that the proposed project is not a major modification for any regulated NSRpollutant, including the baseline actual emissions, the projected actual emissions, the amountofemissions excludedunderparagraph2.63 .a.2 andanexplanationfor why such amount was excluded, and any netting calculations, ifapplicable. 19.8.b. Ifthe emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owneroroperator shall provide a copy ofthe informationrequiredunder subdivision 19.8.ato the Secretary. Nothing in subdivision 19.8.b shall be construedto require the owner or operator of such a unit to obtain any determination from the Secretary before beginning actual construction. 19.8.c. The owneroroperator shall monitorthe emissions ofany regulatedNSRpollutantthat could increase as a result ofthe project and that is emitted by any emissions unit identified in paragraph 19.8.a.l.

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The owner or operator shall calculate and maintain a record ofthe annual emissions, in tons per year on a calendar year basis, for a period of 5 years following resumption ofregular operations after the change, or for a period of 10 years following resumption ofregular operations after the change ifthe project increases the design capacity ofor potential to emit that regulated NSR pollutant at such emissions unit. 19.8.d. Ifthe unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the Secretary within 60 days after the end of each year during which records must be generated under subdivision 19.8.c setting out the unit's annual emissions during the calendar year that preceded submission ofthe report. 19.8.e. Ifthe unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the Secretary ifthe annual emissions, in tons per year, from the project identifiedinsubdivision 19.8.a, exceedthebaseline actual emissions (as documentedandmaintainedpursuant to paragraph 19.8.a.3), by a significant amount (as defined in subsection 2.74) for that regulated NSR pollutant, and if such emissions differ from the preconstruction projection as documented and maintained pursuant to paragraph 19.8.a.3. Suchreport shall be submitted to the Secretary within 60 days after the end ofsuch year. The report shall contain the following: 19.8.e.l. The name, address and telephone number ofthe major stationary source; 19.8.e.2. The annual emissions as calculated pursuant to subdivision 19.8.c; and 19.8.e.3. Any other information that the owner or operatorwishes to include in the report (e.g., an explanation as to why the emissions differ from the preconstruction projection). 19.8.f. A "reasonable possibility" under subsection 19.8 occurs when the owner or operator calculates the project to result in either: 19.8.f.l. A projected actual emissions increase of at least 50 percent of the amount that is a "significant emissions increase," as defined under subsection 2.75 (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant; or 19.8.f.2. A projected actual emissions increase that, added to the amount ofemissions excluded underparagraph 2.63.a.3, sums to atleast 50 percent ofthe amountthatis a "significant emissions increase," as definedunder subsection2.75 (withoutreferencetothe amountthatis a significantnetemissions increase), for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only within the meaning ofthis paragraph, and not also within the meaning ofparagraph 19.8.f.1, then provisions under subdivisions 19.8.b through 19.8.e do not apply to the project. 19.9. The owneroroperatorofthe source shallmake availabletheinformationrequiredtobe documented and maintained pursuant to subsection 19.8 for review upon a request for inspection by the Secretary or the general public pursuant to the requirements contained in 45CSR30. §45-14-20. Disposition ofPermits. 20.1. In the event that the Secretary promulgates changes to this rule or in the event ofa redesignation ofan attainment or non-attainment area (in accordance with§ 107 ofthe CAA) prior to final disposition of a permit, the Secretary shall make final disposition ofthe permit application in accordance with such newly

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promulgated standards or redesignation. §45-14-21. Conflict with Other Permitting Rules. 21.1. For sources required to obtain a permit under this rule, the provisions of 45CSR13 requiring a permit do not apply, so that only a single permit is required; provided, however, that: 2l.l.a. Thebasepermitapplicationfee of$1,000pursuantto 45CSR22, subdivision3.4.a shall apply to such sources in addition to other applicable fees; and 2l.l.b. Any permit issued under this rule includes conditions that ensure compliance with the provisions of45CSR13 to the extent applicable to any regulated air pollutant (as defined in 45CSR13) not otherwise covered under this rule. 21.2. For sources that may be subject to 45CSR13, 45CSR14 and/or 45CSR19, the more stringent provisions ofeach applicable rule shall apply. §45-14-22. [Reserved.] §45-14-23. [Reserved.] §45-14-24. [Reserved]. §45-14-25. Actuals PALs. 25.1. Applicability. 25.l.a. The Secretary may approve the use of an actuals PAL for any existing major stationary source ifthe PAL meets the requirements in subsections 25.1 through 25.15. The term "PAL" shall mean "actuals PAL" throughout section 25. 25.l.b. Any physical change in or change in the method ofoperation ofa major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements in subsections 25.1 through 25.15, and complies with the PAL permit: 25.l.b.l. Is not a major modification for the PAL pollutant; 25.l.b.2. Does not have to be approved through the PSD program; and 25.l.b.3. Is not subject to the provisions in subsection 19.4 (restrictions on relaxing enforceable emissionlimitations that the major stationary source used to avoid applicability ofthe majorNSR program). 25.l.c. Except as provided under paragraph 25.l.b.3, a major stationary source shall continue to comply with all applicable Federal or State requirements, emission limitations, and work practice requirements that were established prior to the effective date ofthe PAL. 25.2. Definitions.-- For the purposes ofthis section 25, the definition in subdivision 25.2.a applies. When a term is not defined in these paragraphs, it shall have the meaning given in section 2 orin the CAA.

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25.2.a. Allowable emissions means "allowable emissions" as defined in subsection 2.6, except as modified according to paragraphs 25.2.a.1 and 25.2.a.2. 25.2.a.l. The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit. 25.2.a.2. An emissions unit's potential to emit shall be determined using the definition in subsection 2.58, exceptthatthe words "orenforceable as a practical matter" should be added after "federally enforceable." 25.3. Permit applicationrequirements.-- As part ofa permit application requesting a PAL, the owner or operator ofa major stationary source shall submit the following information to the Secretary for approval: 25.3.a. A list ofall emissions units at the source designated as small, significant or major based on their potential to emit. In addition, the owner or operator ofthe source shall indicate which, ifany, Federal or State applicable requirements, emission limitations, or work practices apply to each unit. 25.3.b. Calculations ofthe baseline actual emissions (with supporting documentation). Baseline actual emissions are to include emissions associated not only with operation ofthe unit, but also emissions associated with startup, shutdown, and malfunction. 25.3.c. The calculation procedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by subdivision 25.13.a. 25.4. General requirements for establishing PALs. 25.4.a. The Secretary is allowed to establish a PAL at a major stationary source, provided that at a minimum, the requirements in paragraphs 25.4.a.1 through 25.4.a.7 are met. 25.4.a.l. The PAL shall impose an annual emission limitation in tons peryear, that is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period afterthe first 12 months ofestablishing a PAL, the major stationary source owner or operator shall show that the sum ofthe monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less thanthe PAL(a 12-monthaverage, rolledmonthly). Foreachmonth during the first 11 months from the PAL effective date, the major stationary source owner or operator shall show that the sum ofthe preceding monthly emissions from the PAL effective date for each emissions unit underthe PALis less than the PAL. 25.4.a.2. The PAL shall be established in a PAL permit that meets the public participation requirements in section 17. 25.4.a.3. The PAL permit shall contain all the requirements ofsubsection 25.7. 25.4.a.4. The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit orhave the potential to emit the PAL pollutant at the major stationary source. 25.4.a.5. Each PAL shall regulate emissions ofonly one pollutant.

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### 25.4.a.6. Each PAL shall have a PAL effective period of 10 years. 25.4.a.7. The owner or operator ofthe major stationary source with a PAL shall comply with the monitoring, recordkeeping, andreporting requirements providedinsubsections 25.12through 25.14for each emissions unit under the PAL through the PAL effective period. 25.4.b. At no time during or after the PAL effective period are emissions reductions of a PAL pollutant that occur during the PAL effective period creditable as decreases for purposes ofoffsets pursuant to 45CSR19 unless the level ofthe PAL is reduced by the amount ofsuch emissions reductions and such reductions would be creditable in the absence ofthe PAL. 25.5. Public participation requirements for PALs. --PALs for existing major stationary sources shall be established, renewed, or increased through a procedure that is consistent with 45CSR13. This includes the requirement that the Secretary provide the public with notice ofthe proposed approval ofa PALpermit and at least a 30-day periodfor submittal ofpublic comment. The Secretary must address all material comments before taking final action on the permit. 25.6. Setting the 10-year actuals PAL level. 25.6.a. Except as provided in subdivision 25.6.b, actuals PAL level for a major stationary source shall be established as the sum ofthe baseline actual emissions (as defined in subsection 2.8) ofthe PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under subsection 2.7 4 or under the CAA, whichever is lower. When establishing the actuals PALlevel, for a PALpollutant, only one consecutive 24-monthperiodmustbe usedto determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24-monthperiod may be used for each different PAL pollutant. Emissions associated with units that were permanently shutdown after this 24-monthperiodmustbe subtractedfrom the PALlevel. Emissions from units onwhich actual construction began after the 24-month period must be added to the PAL level in an amount equal to the potential to emit ofthe units. The Secretary shall specifY a reducedPALlevel(s) (in tons/yr) in the PAL permit to become effective on the future compliance date(s) ofany applicable Federal or State regulatory requirement(s) that the Secretary is aware ofprior to issuance ofthe PALpermit. For instance, ifthe source owneroroperatorwill be requiredtoreduce emissions from industrial boilers inhalffrombaseline emissions of60 ppm NOx to a new rule limit of30 ppm, then the permit shall contain a future effective PALlevel that is equal to the current PAL level reduced by halfofthe original baseline emissions ofsuch unit(s). 25.6.b. Fornewly constructedunits (which do notinclude modifications to existing units) onwhich actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as specified in subdivision 25.6.a, the emissions must be added to the PAL level in an amount equal to the potential to emit ofthe units. 25.7. Contents ofthe PAL permit.

-- The PAL permit must contain, at a minimum, the information in subdivisions 25.7.a through 25.7.j. 25.7.a. The PAL pollutant and the applicable source-wide emission limitation in tons per year. 25.7.b. The PAL permit effective date and the expiration date ofthe PAL (PAL effective period). 25.7.c. Specification in the PALpermit that ifa major stationary source owner or operator applies

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to renew a PALin accordance with subsection 25.10 before the end ofthe PAL effective period, thenthe PAL shall not expire at the end ofthe PAL effective period. It shall remain in effect until a revised PAL permit is issued by the Secretary. 25.7.d. A requirement that emission calculations for compliance purposes must include emissions from startups, shutdowns, and malfunctions. 25.7.e. A requirement that, once the PAL expires, the major stationary source is subject to the requirements ofsubsection 25.9. 25.7.f. The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system datato monthly emissions and annual emissions based on a 12-monthrolling total as required by subdivision 25.13.a. 25.7.g. A requirementthatthemajor stationary source owneroroperatormonitor all emissions units in accordance with the provisions under subsection 25.12. 25.7.h. A requirement to retain the records required under subsection 25.13 on site. Such records may be retained in an electronic format. 25.7.i. A requirement to submit the reports required under subsection 25.14 by the required deadlines. 25.7.j. Any other requirements that the Secretary deems necessary to implement and enforce the PAL. 25.8. PAL effective period andreopening ofthe PALpermit.-- The requirements in subdivisions 25.8.a and 25.8.b apply to actuals PALs. 25.8.a. PAL effective period.-- The Secretary shall specify a PAL effective period of 10 years. 25.8.b. Reopening ofthe PAL permit. 25.8.b.l. During the PAL effective period, the Secretary must reopen the PAL permit to: 25.8.b.l.A. Correct typographical or calculation errors made in setting the PAL or reflect a more accurate determination ofemissions used to establish the PAL; 25.8.b.l.B. Reduce the PAL ifthe owner or operator ofthe major stationary source creates creditable emissions reductions for use as offsets pursuant to 45CSR19; and 25.8.b.l.C. Revise the PAL to reflect an increase in the PAL as provided under subsection 25 .11. 25.8.b.2. The Secretary shall have discretion to reopen the PAL permit for the following: 25.8.b.2.A. Reduce the PAL to reflect newly applicable Federal requirements (for example, NSPS) with compliance dates after the PAL effective date;

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25.8.b.2.B. Reduce the PAL consistent with any other requirement, that is enforceable as a practicalmatter, andthatthe Statemay impose onthe major stationary source underthe State Implementation Plan; and 25.8.b.2.C. Reduce the PAL ifthe Secretary determines that a reductionis necessary to avoid causing or contributing to a National Ambient Air Quality Standard (NAAQS) or PSD increment violation, or to an adverse impact on an air quality related value that has been identified for a Federal Class I area by a Federal Land Manager and for which information is available to the general public. 25.8.b.3. Except for the permit reopening in subparagraph 25.8.b.l.A for the correction of typographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried out in accordance with the public participation requirements ofsubsection 25.5. 25.9. Expiration of a PAL.

-- Any PAL that is not renewed in accordance with the procedures in subsection 25.10 shall expire at the end ofthe PAL effective period, and the requirements in subdivisions 25.9.a through 25.9.e shall apply. 25.9.a. Each emissions unit (or each group of emissions units) that existed under the PAL shall comply with anallowable emissionlimitationunder a revisedpermit established according to the procedures in paragraphs 25.9.a.1 and 25.9.a.2. 25.9.a.l. Within the time frame specified for PAL renewals in subdivision 25.10.b, the major stationary source shall submitaproposedallowable emissionlimitationfor eachemissionsunit (oreachgroup ofemissions units, ifsuch a distributionis more appropriate as decided by the Secretary) by distributing the PAL allowable emissions forthe major stationary source among eachofthe emissions unitsthatexistedunder the PAL. Ifthe PAL had not yet been adjusted for an applicable requirement that became effective during the PALeffective period, as requiredunder subdivision25.1O.e, suchdistribution shallbemade as ifthe PAL had been adjusted. 25.9.a.2. The Secretary shall decide whether and how the PAL allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group ofemissions units, as the Secretary determines is appropriate. 25.9.b. Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling basis. The Secretary may approve the use ofmonitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the allowable emission limitation. 25.9.c. Until the Secretary issues the revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under paragraph 25.9.a.2, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level ofthe PAL emission limitation. 25.9.d. Any physical change orchange inthe methodofoperation at the major stationary sourcewill be subjecttomajorNSRrequirements ifsuchchange meets the definition ofmajormodificationinsubsection 2.40. 25.9.e. The major stationary source owner or operator shall continue to comply with any State or

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Federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that had been established pursuant to subsection 19.4, but were eliminated by the PAL in accordance with the provisions inparagraph 25.l.b.3. 25.10. Renewal ofa PAL. --The Secretary shall follow the procedures specifiedin subsection 25.5 in approving anyrequestto renew a PALfor a major stationary source, and shall provideboththeproposedPAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the Secretary. 25.10.a. Application deadline.-- A major stationary source owner or operator shall submit a timely applicationto the Secretary to requestrenewal ofa PAL. A timely applicationis one thatis submitted at least 6 months prior to, but not earlier than 18 months from, the date ofpermit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. Ifthe owner or operator ofa major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued. 25.10.b. Application requirements.

-- The application to renew a PAL permit shall contain the information required in paragraphs 25.10.c.1 through 25.10.c.4. 25.10.b.l. The information required in subdivisions 25.3.a through 25.3.c. 25.10.b.2. A proposed PAL level. 25.10.b.3. The sum ofthepotential to emit ofall emissions units underthe PAL (with supporting documentation). 25.10.b.4. Any other information the owner or operator wishes the Secretary to consider in determining the appropriate level for renewing the PAL. 25.10.c. PAL adjustment.-- In determining whether and how to adjust the PAL, the Secretary shall consider the options outlined in paragraphs 25.10.d.1 and 25.10.d.2. However, in no case may any such adjustment fail to comply with paragraph 25.10.d.3. 25.10.c.l. Ifthe emissions level calculated in accordance with subsection 25.6 is equal to or greater than 80 percent of the PAL level, the Secretary may renew the PAL at the same level without considering the factors set forth in paragraph 25.10.d.2; or 25.10.c.2. The Secretary may set the PAL at a level that he or she determines to be more representative ofthe source's baseline actual emissions, or that he or she determines to be more appropriate considering air quality needs, advancesincontroltechnology, anticipatedeconomicgrowthinthe area, desire to reward or encourage the source's voluntary emissions reductions, or otherfactors as specifically identified by the Secretary in his or her written rationale. 25.10.c.3. Notwithstanding paragraphs 25.10.d.1 and 25.10.d.2: 25.10.c.3.A. Ifthe potential to emit ofthe major stationary source is less than the PAL, the Secretary shall adjust the PAL to a level no greater than the potential to emit ofthe source; and

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### 25.10.c.3.B. The Secretary shallnotapprove a renewedPALlevel higherthanthe currentPAL, unless the major stationary source has compliedwith the provisions ofsubsection 25.11 (increasing a PAL). 25.10.d. Ifthe compliance date for a State or Federal requirement that applies to the PAL source occurs during the PAL effective period, and ifthe Secretary has not already adjusted for such requirement, the PAL shall be adjusted at the time ofPALpermitrenewal ortitle V permitrenewal, whicheveroccurs first. 25 .11. Increasing a PAL during the PAL effective period. 25.ll.a. The Secretary may increase a PAL emission limitation only ifthe major stationary source complies with the provisions in paragraphs 25.ll.a.l and 25.ll.a.2. 25.ll.a.l. The owner or operator of the major stationary source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identifY the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or exceed its PAL. 25.ll.a.2. As part of this application, the major stationary source owner or operator shall demonstrate that the sum ofthe baseline actual emissions ofthe small emissions units, plus the sum ofthe baseline actual emissions of the significant and major emissions units assuming application of BACT equivalentcontrols, plus the sumofthe allowable emissions ofthe new ormodifiedemissions unit(s) exceeds the PAL. The level ofcontrol that wouldresultfrom BACT equivalent controls on each significant ormajor emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently requiredto comply with a BACT or LAERrequirementthat was established within the preceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level ofBACT or LAER with which that emissions unit must currently comply. 25.ll.a.3. The owner oroperatorobtains a majorNSRpermitfor all emissions unit(s) identified inparagraph 25.ll.a.l, regardless ofthe magnitude ofthe emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the major NSR process (for example, BACT), even though they have also become subject to the PAL or continue to be subject to the PAL. 25.ll.a.4. The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part ofthe PAL major modification becomes operational and begins to emit the PAL pollutant. 25.ll.b. The Secretary shall calculate the new PAL as the sum ofthe allowable emissions for each modified or new emissions unit, plus the sum ofthe baseline actual emissions ofthe significant and major emissions units (assuming application of BACT equivalent controls as determined in accordance with paragraph 25.ll.a.2), plus the sum ofthe baseline actual emissions ofthe small emissions units. 25.ll.c. The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements ofsubsection 25.5. 25.12. Monitoring requirements for PALs. 25.12.a. General requirements.

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25.12.a.l. Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions ofthe PALpollutant in terms ofmass per unit oftime. Any monitoring system authorizedfor use in the PALpermitmust be based on sound science and meet generally acceptable scientific procedures for data quality andmanipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in ajudicial proceeding to enforce the PAL permit. 25.12.a.2. The PALmonitoring systemmust employ one ormore ofthefour general monitoring approaches meeting the minimumrequirements setforthinparagraphs 25.12.b.l through 25 .12.b.4 andmust be approved by the Secretary. 25.12.a.3. Notwithstandingparagraph25.12.a.2,youmay also employ analternative monitoring approach that meets paragraph 25.12.a.l ifapproved by the Secretary. 25.12.a.4. Failure touse a monitoring systemthatmeets therequirements ofthisrule renders the PAL invalid. 25.12.b. Minimum performance requirements for approved monitoring approaches. The following are acceptable generalmonitoring approaches whenconductedinaccordance withthe minimumrequirements in subdivisions 25.12.c through 25.12.i: 25.12.b.l. Mass balance calculations for activities using coatings or solvents; 25.12.b.2. CEMS; 25.12.b.3. CPMS or PEMS; and 25.12.b.4. Emission factors. 25.12.c. Mass balance calculations.

-- An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements: 25.12.c.l. Provide a demonstratedmeans ofvalidatingthepublishedcontent ofthePALpollutant that is contained in or created by all materials used in or at the emissions unit; 25.12.c.2. Assume that the emissions unit emits all ofthe PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, ifit cannot otherwise be accounted for in the process; and 25.12.c.3. Where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a range ofpollutant content from such material, the owner or operator must use the highest value ofthe range to calculate the PAL pollutant emissions unless the Secretary determines there is site-specific data or a site-specific monitoring program to support another content within the range. 25.12.d. CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements:

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25.12.d.l. CEMS mustcomply withapplicablePerformance Specifications foundin40 CFRPart 60, appendix B; and 25.12.d.2. CEMS must sample, analyze and record data at least every 15 minutes while the emissions unit is operating. 25.12.e. CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements: 25.12.e.l. The CPMS or the PEMS must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation ofthe emissions unit; and 25.12.e.2. EachCPMS orPEMS must sample, analyze, andrecorddata atleastevery 15 minutes, or at another less frequent interval approved by the Secretary, while the emissions unit is operating. 25.12.f. Emission factors. --An owner or operator using emission factors to monitor PALpollutant emissions shall meet the following requirements: 25.12.f.l. All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors' development; 25.12.f.2. The emissions unit shall operate within the designated range ofuse for the emission factor, ifapplicable; and 25.12.f.3. Iftechnically practicable, the owner or operator ofa significant emissions unit that relies onanemissionfactorto calculatePALpollutantemissions shall conductvalidationtestingto determine a site-specific emissionfactor within 6 months ofPALpermit issuance, unless the Secretary determines that testing is not required. 25.12.g. A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period oftimethat there is no monitoring data, unless anothermethodfor determining emissions during such periods is specified in the PAL permit. 25.12.h. Notwithstanding the requirements in subdivisions 25.12.c through 25.12.g, where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PALpollutant emissions rate at all operating points ofthe emissions unit, the Secretary shall, at the time ofpermit issuance: 25.12.h.l. Establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s); or 25.12.h.2. Determinethatoperationofthe emissionsunitduring operatingconditionswhenthere is no correlation between monitoredparameter(s) andthe PALpollutant emissions is a violation ofthe PAL. 25.12.i. Re-validation.

-- All data used to establish the PAL pollutant must be re-validated through performance testing or other scientifically valid means approved by the Secretary. Such testing must occur

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### at least once every 5 years after issuance ofthe PAL. 25.13. Recordkeeping requirements. 25.13.a. The PALpermit shall require an owner or operator to retain a copy ofall records necessary to determine compliance with any requirement ofsection 28 and ofthe PAL, including a determination of each emissions unit's 12-month rolling total emissions, for 5 years from the date ofsuch record. 25.13.b. The PALpermit shall require an owner or operatorto retain a copy ofthe following records for the duration ofthe PAL effective period plus 5 years: 25.13.b.l. A copy ofthe PALpermit application and any applications for revisions to the PAL; and 25.13.b.2. Each annual certification ofcompliance pursuant to title V and the data relied on in certifYing the compliance. 25.14. Reporting and notification requirements. --The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the Secretary in accordance with the applicable title V operating permit program. The reports shall meetthe requirements in subdivisions 25 .14.a through 25 .14.c. 25.14.a. Semi-annual report. --The semi-annual report shall be submittedto the Secretary within 30 days ofthe end ofeach reporting period. This report shall contain the information required in paragraphs 25.14.a.1 through 25.14.a.7. 25.14.a.1. The identification ofowner and operator and the perrnit number. 25.14.a.2. Total annual emissions (tons/year) based on a 12-monthrolling total for each month in the reporting period recorded pursuant to subdivision 25.13.a. 25.14.a.3. All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, in calculating the monthly and annual PAL pollutant emissions. 25.14.a.4. A list ofany emissions units modified or added to the major stationary source during the preceding 6-month period. 25.14.a.5. The number, duration, and cause ofany deviations ormonitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken. 25.14.a.6. A notification ofa shutdown ofany monitoring system, whether the shutdown was permanent ortemporary, the reasonfor the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation ofthe emissions ofthe pollutant or the number determined by method included in the permit, as provided by subdivision 25.12.g. 25.14.a.7. A signed statement by the responsible official (as defined by the 45CSR30-2.38) certifYing the truth, accuracy, and completeness ofthe information provided in the report.



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25.14.b. Deviation report.-- The major stationary source owner or operator shall promptly submit reports ofany deviations or exceedance ofthe PALrequirements, including periods where no monitoring is available. A report submitted pursuant to 45CSR30-5.l.c.3 shall satisfy this reporting requirement. The deviationreports shallbe submittedwithinthe time limits prescribedbythe applicableprogramimplementing 45CSR30-5.l.c.3. The reports shall contain the following information: 25.14.b.l. The identification ofowner and operator and the permit number; 25.14.b.2. The PAL requirement that experienced the deviation or that was exceeded; 25.14.b.3. Emissions resulting from the deviation or the exceedance; and 25.14.b.4. A signed statement by the responsible official (as defined by the applicable title V operating permit program) certifying the truth, accuracy, and completeness ofthe information provided in the report. 25.14.c. Re-validation results.-- The owner or operator shall submit to the Secretary the results of any re-validation test or method within 3 months after completion ofsuch test or method. 25.15. Transition requirements. 25.15.a. The Secretary may not issue a PAL that does not comply with the requirements in subsections 25.1 through 25.15 after the effective date ofEPA approval and promulgation ofa revision to the WV SIP incorporating this rule. 25.15.b. The Secretarymay supersede any PALthat was establishedpriorto the effective date ofEPA approval and promulgation ofa revisiontothe WV SIPincorporating this rule witha PALthat complies with the requirements ofsubsections 25.1 through 25.15. §45-14-26. Inconsistency Between Rules. 26.1. In the event of any inconsistency between this rule and any other rule of the West Virginia Department ofEnvironmental Protection, such inconsistency shall be resolved by the determination ofthe Secretary and such determination shall be based upon the application ofthe more stringent provision, term, condition, method or rule.

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