  SEQ CHAPTER \h \r 1 			UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

						REGION III

					      1650 Arch Street

				   Philadelphia, Pennsylvania 19103-2029			

  ADVANCE \x 0 

DATE:	February 2, 2007

SUBJECT:	Technical Support Document - State Operating Permit Programs;
West Virginia; Amendment to the Definitions of a “Major Source” and
“Volatile Organic Compound”

   	

  ADVANCE \x 0 FROM:	Rosemarie Nino  /s/

                      Permits and Technical Assessment Branch

  ADVANCE \x 0 TO:               David Campbell, Chief

                      Permits and Technical Assessment Branch

TECHNICAL SUPPORT DOCUMENT

EPA-R03-OAR-2006-0625

West Virginia; Amendment to the Definitions of a “Major Source” and 

“Volatile Organic Compounds”

I.	 	BACKGROUND

	On September 10, 2003, EPA Region III received a revision to West
Virginia’s legislative rule 45 CSR 30 - Requirements for Operating
Permits, which became effective June 1, 2003, as an amendment to West
Virginia’s fully approved Title V Operating Permit Program under 40
CFR Part 70.  The State amended this regulation to correct (1) the
definition of “major source;” (2) strike the existing definition of
“volatile organic compound” (VOC) and insert in its place the
reference to the federal definition of VOC; and, (3) to make other
administrative corrections, i.e., revise Director to Secretary, Division
to Department, Office to Division and filing and effective date changes.

	West Virginia is seeking approval of these amendments to this rule
pursuant to the Clean Air Act (CAA) Amendments of 1990 that required
States to submit to EPA program revisions in accordance with the Federal
Title V regulations.

II.	SUMMARY OF ACTION

	EPA is taking direct final action to amend WV’s Legislative Rule 45
CSR 30 – Requirements for Operating Permits submitted by WVDEP on
September 10, 2003.

 

III.	PROGRAM REVIEW

	What is the State Operating Permit Program?

The Clean Air Act Amendments of 1990 required all States to develop
operating permit programs that meet certain Federal criteria.  When
implementing the operating permit programs, the States require certain
sources of air pollution to obtain permits that contain all of their
applicable requirements under the Clean Air Act (CAA).  The focus of the
operating permit program is to improve enforcement by issuing each
source a permit that consolidates all of its applicable CAA requirements
into a Federally-enforceable document.  By consolidating all of the
applicable requirements for a given air pollution source into an
operating permit, the source, the public, and the State environmental
agency can more easily understand what CAA requirements apply and how
compliance with those requirements is determined.

Sources required to obtain an operating permit under this program
include “major” sources of air pollution and certain other sources
specified in the CAA or in EPA’s implementing regulations.  For
example, all sources regulated under the acid rain program, regardless
of size, must obtain operating permits.  Examples of “major” sources
include those that have the potential to emit 100 tons per year or more
of volatile organic compounds, carbon monoxide, lead, sulfur dioxide,
nitrogen oxides, or particulate matter (PM10 and PM2.5); those that emit
10 tons per year of any single hazardous air pollutant (HAP)
specifically listed under the CAA; or those that emit 25 tons per year
or more of a combination of HAPs.  In areas that are not meeting the
national ambient air quality standards (NAAQS) for ozone, carbon
monoxide, or particulate matter, major sources are defined by the
gravity of the nonattainment classification. 

B.	What are the State Operating Permit Program Requirements?

The minimum program elements for an approvable operating permit program
are those mandated by Title V of the Clean Air Act Amendments of 1990
and established by EPA’s implementing regulations at title 40, part 70
- “State Operating Permit Programs” in the Code of Federal
Regulations (40 CFR part 70).  Title V required state and local air
pollution control agencies to develop operating permit programs and
submit them to EPA for approval by November 15, 1993.  Under Title V,
State and local air pollution control agencies that implement operating
permit programs are called “permitting authorities.”   

	The State was granted final full approval effective on November 23,
2001. On September 10, 2003, West Virginia submitted an amendment to its
currently EPA-approved Title V operating permit program.  In general,
West Virginia amended its operating permit program regulation (45 CSR
30) to correct (1) the definition of “major source;” (2) strike the
existing definition of “volatile organic compound” (VOC) and insert
in its place the reference to the federal definition of VOC; and (3) to
make other administrative corrections, i.e., revise Director to
Secretary, Division to Department, Office to Division and filing and
effective date changes.

These changes will make regulation 45 CSR 30 consistent with the
corresponding provisions of 40 CFR Part 70, which went into effect on
November 27, 2001.    

C.	What is being addressed in this document?

	EPA is not opening the entirety of West Virginia’s Title V operating
permit program up to public comment, we are only addressing the changes
listed below. 	

D.	What are the program changes that EPA is approving?

	West Virginia’s has revised 45 CSR 30, Section 2, Definitions of the
State of West Virginia Regulations Governing the Control of Air
Pollution to be consistent with the provisions of 40 CFR Part 70.2 which
went into effect on November 27, 200l.  West Virginia amended the
definition of a “major source” by removing part of the existing
definition which stated “All other stationary source categories
regulated by a standard promulgated under § 111 or § 112 of the Clean
Air Act, but only with respect to those air pollutants that have been
regulated for that category” and inserted in it place “Any other
stationary source category, which as of August 7, 1980 is being
regulated under section 111 or 112 of the Clean Air Act.”  This would
require a source belonging to a source category subject to federal New
Source Performance Standards (NSPS) or National Emission Standards for
Hazardous Air Pollutants Standards (NESHAPs) standard to include
fugitive emissions of all regulated pollutants, not just the pollutants
regulated by the particular NSPS or NESHAP, in its calculation of major
source status only if the relevant standard was promulgated as of August
7, 1980.

	West Virginia has stricken the definition of “volatile organic
compound” (VOC) and inserted in its place the reference to the federal
definition of VOC.  This change will make this aspect of 45 CSR 30
consistent with the Federal rule.  EPA has no objection to this
revision.   

	In addition, West Virginia included the following administrative
corrections: (1) revise Director to Secretary, Division to Department,
Office to Division; and, (2) changed the filing date from June 21, 2001
to April 21, 2003, the effective date from July 1, 2001 to June 1, 2003;
and the former rule dates for filing from April 27, 1994 to June 21,
2001 and effective April 27, 1994 to July 1, 2001.  EPA has no objection
to these revisions.	

E.	Change to West Virginia’s Program that Corrects a Deficiency

The EPA has reviewed West Virginia’s September 10, 2003 program
amendment in conjunction with the portion of West Virginia’s program
that was earlier approved.  Based on this review, EPA is granting full
approval of West Virginia’s amended operating permit program.  The EPA
has determined that this amendment to West Virginia’s operating permit
program adequately addresses the deficiency.  West Virginia’s
operating permit program, including this amendment submitted on
September 10, 2003, fully meets the minimum requirements of 40 CFR Part
70.

F.  	What Action is Being Taken by EPA?

The State of West Virginia has satisfactorily addressed a program
deficiency created when EPA made a change to the Federal rule.  The
operating permit program amendment that is the subject of this document
considered together with that portion of West Virginia’s operating
permit program that was earlier approved fully satisfy the requirements
of 40 CFR part 70 and the Clean Air Act.  Therefore, EPA is taking
direct final action to fully approve the West Virginia Title V operating
permit program in accordance with 40 CFR 70.2 definitions of “a major
source” and “VOC.”

The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments.  However, in the “Proposed Rule” section of
today’s Federal Register EPA is publishing a separate document that
will serve as the proposal to approve this amendment to West
Virginia’s operating permit program if adverse comments are filed
relevant to the issues discussed in this action.  This rule will be
effective on [Insert date 60 days from date of publication in the
Federal Register].  If EPA receives adverse comments, EPA will publish a
timely withdrawal in the Federal Register informing the public that the
rule will not take effect.  The EPA will address all public comments in
a subsequent final rule based on the proposed rule.  The EPA will not
institute a second comment period on this action.  Any parties
interested in commenting must do so at this time.  Please note that if
EPA receives adverse comment on an amendment, paragraph or section of
this rule and if that provision may be servered from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not subject of an adverse comment.

  

 PAGE   4 

 PAGE   4 

