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

						REGION III

					      1650 Arch Street

				   Philadelphia, Pennsylvania 19103-2029			

  ADVANCE \x 0 

									DATE:  January 23, 2007

SUBJECT:	Technical Support Document for West Virginia

	    	State Implementation Plan 45 CSR 13 – Minor New Source Review
Program

			

  ADVANCE \x 0 FROM:	Rosemarie Nino

                      Permits and Technical Assessment Branch

  ADVANCE \x 0 TO:               David Campbell, Chief

                      Permits and Technical Assessment Branch

                             		TECHNICAL SUPPORT DOCUMENT

				         EPA-R03-OAR-2006-0915

WEST VIRGINIA SIP REVISION

I.	 BACKGROUND

	On September 10, 2003, the West Virginia Department of the
Environmental Protection (WVDEP) formally submitted a revision to the
West Virginia State Implementation Plan (SIP) pursuant to Section
110(a)(2)(C) and 112(l) of the Clean Air Act, and 40 CFR
§§51.160-51.164. WVDEP requests that EPA approve the amendments to
West Virginia Legislative rule 45CSR13 – Permits for Construction,
Modification, Relocation and Operation of Stationary sources of Air
Pollutants, Notification Requirements, Administrative Updates, Temporary
Permits, General Permits and Procedures for Evaluation as a revision to
the State’s minor new source review program.

	

	The purpose of this rule is to set forth the procedures for stationary
source reporting and the criteria for obtaining a permit to construct
and operate a new stationary source which is not a major stationary
source and to modify a non-major stationary source.  This rule also
establishes the requirements for obtaining an administrative update to
an existing permit, temporary permit or a general permit, and for
filling notifications and maintaining records of changes not 

otherwise subject to the permit requirements of this rule.  The rule
establishes public participation requirements as well as procedures for
the transfer, suspension and revocation of permits.

II.	SUMMARY OF ACTION

	EPA is proposing to approve this SIP revision to the Minor New Source
Revision Provision submitted by WVDEP.  

	Program Review

	What is being addressed in this document?

West Virginia Legislative Rule 45CSR13 is part of the West Virginia SIP
approved by the USEPA to assure attainment and maintenance of attainment
with the national ambient air quality standards (NAAQS).  The proposed
revisions were initiated by the West Virginia Department of the
Environment Protection (WVDEP) as part of an effort to streamline the
permitting program by eliminating unnecessary permitting requirements
for insignificant sources, broadening the general permit mechanism,
reducing agency review timeframes for permit action, modifying
applicability thresholds and reducing application fees for general
permits. 

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

	Amendments are summarized as follows:

Permitting thresholds for modification and stationary sources have been
revised from six (6) pounds per hour (pph) or more or ten (10) tons per
year (tpy) or more to six (6) pph and ten (10) tpy or more, or more than
144 pounds per calendar day (ppd) in any regulated air pollutant
(Section 2.17.a) and (Section 2.24b).  WVDEP recognizes that both
thresholds, the 6 pph and 10 tpy and the 144 ppd have the potential to
allow some sources to emit up to 26 tons a year without obtaining a
permit, but WVDEP believes the 144 ppd threshold and the agency’s
authority to prevent “statutory air pollution” will serve as useful
backstops in those relatively uncommon situations.  EPA approves these
changes.

The de minimis list in Table 45-13B has been expanded to include
additional commercial and residential maintenance and upkeep activities.
(Table 45-13B, Nos. 39 and 40).  EPA approves these changes.

WVDEP reviews times have been shortened from 180 day to 90 days for
Class II general permit registrations, 180 days to 60 days for temporary
permits, and 180 days to 45 days for Class I general permits (Section
5.7).  WVDEP will be able to meet the deadlines in this rule.  EPA
approves this change.

Revisions to general permit language to expand authority by removing
“facility-wide” restriction.  Also, a provision for simpler general
permits (Class I) has been added which does not require public notice
for each Class I registration and requires a smaller fee – Section
5.12.  WVDEP has added general permit requirements to Section 5.12.  EPA
approves this change.

A revision to provide authority to revise general permit registrations
through administrative updates Section 4.   EPA approves this change.

 A revision to public notice requirements, from a 45-day notice at draft
permit 

stage, to a 30-day notice and restored 30-day notice by applicant at
application stage – Section 8.4.  EPA approves this change.

A reduction of registration application fees for general permits from
$1,000 to $250 for Class I and $500 for Class II general permits, with
an exception for “small businesses” applying for Class I general
permits.  Also, an exemption for Class I general permits from the
additional fees for NSPS, NESHAPs, etc – Section 12.1.  EPA approves
this change.

Revised language which clarifies that commercial display ad and sign
requirements occur contemporaneously with the WVDEP’s legal ad (at
draft permit stage), unless the applicant wishes to place the ad/sign
earlier – Section 8.4.a and 8.5.a.  EPA approved this change.

Various technical revisions to the rule, i.e., changed Director to
Secretary.  EPA approves these changes.

IV.	CONCLUSION

	This approval consist of amendments to West Virginia 45CSR13 –
Permits for Construction, Modification, Relocation and Operation of
Stationary sources of Air Pollutants, Notification Requirements,
Administrative Updates, Temporary Permits, General Permits and
Procedures for Evaluation as a revision to the state’s minor new
source review program.  The amendments are consistent with 40 CFR 51.160
– 164 and the Clean Air Act).

V.	RECOMMENDED AGENCY ACTION

	This submittal for a revision to the West Virginia SIP should be
approved.

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