TECHNICAL SUPPORT DOCUMENT (TSD) 

FOR THE STATE OF WEST VIRGINIA 111(d)/129 PLAN

 REVISION #1 FOR THE CONTROL OF EMISSIONS FROM 

COMMERCIAL AND INDUSTRIAL SOLID WASTE INCINERATOR 

(CISWI) UNITS 

Submitted By the West Virginia Department of Environmental Protection on
May 11, 2009

TSD Prepared by James B. Topsale, P.E.

Air Quality Analysis Branch, 3AP22

U.S. Environmental Protection Agency, Region 3

1650 Arch Street

Philadelphia, Pennsylvania 19103

(215) 814-2190

/s/

___________________________________

Reviewed by Walter Wilkie, Chief

Air Quality Analysis Branch

___July 8, 2009_

Date Signed

	

                                                                  TABLE
OF CONTENTS

                                                                        
                                                                        
                 Page

I.     General provisions . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       3

       A.   What action is EPA approving?  . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .       3

       B.   What pollutant(s) will this action control? . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .      3

       C.   What are the expected environmental and public health
benefits from controlling 

              commercial/industrial solid waste incinerator (CISWI)
emissions?  . . . . . . . . . . . . . .      3

 

II.   Federal requirements the West Virginia (WV) 111(d)/129 Plan
revision must meet 

       for approval . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   
  3

                   A.	 What general requirements must the WV Department
of Environmental Protection

                         meet in order to receive approval of its CISWI
111(d)/129 plan revision ?   . . . . . . . .      3

       B.   What does the WV plan revision contain? . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .    3

                   C.   Does the WV plan revision meet all EPA
requirements for approval?  . . . . . . . . . . . .  .   4

 

            III.   Requirements for affected CISWI unit owners/operators
 . . . . . . . . . . . . . . . . . . . . . . . . . . .  14

        A.   What general requirements must I meet under the approved
plan revision?  . . . . . .  . .   14

        B.    Is there a requirement for obtaining a Title V permit?  .
. . . . . . . . . . . . . . . . . . . . . . . .   14

IV. Conclusion  . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
14

        WEST VIRGINIA COMMERCIAL AND INDUSTRIAL SOLID WASTE 

INCINERATOR (CISWI) 111(d)/129 PLAN REVISION #1

I. General Provisions

Q. What action is EPA approving?

A.  The West Virginia Department of Environmental Protection, Division
of Air Quality (DAQ) has streamlined its regulatory structure for Clean
Air Act, Section 129, incinerator units by consolidating all applicable
requirements (WV45CSR6, 18, and 24) into one state rule, WV45CSR18.  On
May 11, 2009,  the DAQ forwarded to EPA a revision to its approved
111(d)/129 plan ( the “plan”) for existing CISWI units, 40 CFR 62,
Subpart XX.  The scope of EPA’s plan revision approval is limited to
Part 60 and 62 provisions relevant to existing CISWI units, and related
new source performance standard provisions, subpart CCCC, as referenced
in the emission guidelines, subpart DDDD.  Other types of Section 129
incinerator rules are not included in this approval action.  

Q. What pollutant(s) will this action control?

A. The pollutants are dioxins/furans, carbon monoxide, metals (cadmium,
lead, mercury, particulate matter), opacity, and acid gases (hydrogen
chloride, sulphur dioxide, and nitrogen oxides).

 

Q. What are the expected environmental and public health benefits from
controlling CISWI emissions?

A. The benefits are explained in the original EPA plan approval
technical support document dated March 21, 2003.

II. Federal Requirements the WV CISWI 111(d)/129 plan revision must meet
for approval

Q. What general requirements must the DAQ meet to receive approval of
its 111(d)/129 plan revision?

A.  The West Virginia plan must meet the requirements of 1) 40 CFR Part
60, Subpart B, Sections 60.23 through .26, except the provisions
relating to electric generating units; 2) 40 CFR Part 60, Subpart DDDD,
Sections 60.2500 through 60.2875; and 3) 40 CFR Part 62, Subpart A

Q. What does the WV plan revision contain?

The revision contains a modified DAQ rule, 45CSR18, that streamlines the
state’s regulatory structure by incorporating all 40 CFR Part 60
requirements for existing Section 129 solid waste combustion units into
one rule.  The submitted plan revision contains all the required
elements as listed in EPA’s WV plan approval Federal Register notice
of April 11, 2003.  (68 FR17738).

Q.  Does the WV 111(d)/129 plan revision meet all EPA requirements for
approval?

A. Yes. The completeness and approvability of the WV plan revision in
the context of 40 CFR Part 60, Subparts B, and DDDD; and 40 CFR Part 62,
section 62.09 are discussed in the narrative and tables below.

How WV45CSR18 meets EPA(s Commercial and Industrial Waste Incinerator
(CISWI) EG, Subpart DDDD (((60.2500 through 60.2875) Model Rule
Requirements

CISWI RULE (WV45CSR 18) REVISIONS

Subpart DDDD – Federal  Requirements, Sec.	    State Rule Series 
Revised Series 18 Meets Federal Requirements	Comment(s)

	 Approved Series18	Revised Series 18









60.2500 thru 2545

	Yes	General State requirements

60.2550, Scope	1.1	1.1	Yes

	60.2875, Definitions	2	2	Yes

	60.2550, Designated facilities	2.5	2.11	Yes

	60.2670 thru 2685, MACT limits.	4.3.a	7.3.a	Yes

	60.2635 thru 2665, Operator Training & Certification	4.3.d	7.3.d	Yes

	60.2620 thru 2630, Waste Management Plan	4.3.c	7.3.c	Yes

	60.2690 thru 2735, Compliance, Performance Test’g, and Monitoring
4.3.a, & 4.3.f thru. i

Table 1	7.3.a, & 

7.3.f thru . i

Table 18-B



60.2740 thru 2800, Report’g & Records 	4.3.j	7.3.j	Yes

	60.2805, T5 Permit	6.1	10.3	Yes	See the revised plan submittal
narrative, Section I, Permits, regarding the need for a Title V permit
revision.

60.2575 thru 2615,

Compliance Schedule	4.3.c, 7, & Consent Order (CO)	12.5	Yes	Paragraph
12.5 supersedes the compliance date provisions of the January 2003 DAQ
and DuPont Consent Order. 

60.2810 thru 2870, ACI	45CSR 6,

Sec. 4.6	7.3.k	Yes	Paragraph 7.3k supersedes the provisions of 45CSR 6





Evaluation of the West Virginia Plan Revision #1 against the
requirements of 40 CFR Parts 60, Subpart B, Sections 60.23 through
60.26, excluding electric generating unit provisions, and Part 62,
Section 62.09

40 CFR 60.23 - Adoption and submittal of State plan revision; public
hearings.

Federal Requirements

DAQ Submittal





(60.23(a)(1) Within nine months after notice of the availability of a
final guideline document is

published under (60.22(a), each State shall adopt and submit to the
Administrator, in accordance with ( 60.4, a plan for the control of the
designated pollutant to which the guideline document applies.

See EPA’s 3/21/03 technical support document (TSD).  The applicable
ACI and CISWI  regulations, and state DuPont Consent Order (CO) became
effective on July 1, 2001 and May 1, 2002; and January 23, 2003,
respectively.  





(2) Within nine months after notice of the availability of a final
revised guideline document is published as provided in (60.22(d)(2),
each State shall adopt and submit to the Administrator any plan revision
necessary to meet the requirements of this subpart.

Not applicable; the requested revision is not an EPA requirement.





(60.23(b) If no designated facility is located within a State, the
State shall submit a letter of certification to that effect to the
Administrator within the time specified in paragraph (a) of this
section.  Such  certification shall exempt the State from the
requirements of this subpart for that designated pollutant.



Not applicable.  

                                                                        
              

(60.23(c)(1)  Except as provided in paragraphs (c)(2) and (c)(3) of this
section, the State shall, prior to the adoption of any plan or revision
thereof, conduct one or  more public hearings within the State on such
plan or plan revision.					

Public hearings were held in Charleston, WV on July 21, 2008 and April
21, 2009 for the plan revision.



( 60.23(d) Any hearing required by paragraph (c) of this section shall
be held only after reasonable notice. Notice shall be given at

least 30 days prior to the date of such hearing.

A certified copy of the required public notices was provided.  The
requirements of Part 62, ( 62.09 were met.

( 60.23(e)  The State shall prepare and retain, for a minimum of 2
years, a record of each hearing for inspection by any interested party. 
The record shall contain, as a minimum, a list of witnesses together
with the text of each presentation.

A copy of records from the public hearings were submitted with the plan,
and amendment.







( 60.23(f)  The State shall submit with the plan or revision:

(1)  Certification that each paragraph (c) of this section was held in
accordance with the notice required by paragraph (d) of this section;
and 

           (2)  A list of witnesses and their organizational
affiliations, if any, appearing at the hearing and a brief written
summary of each presentation or written submission.                     
     



The State submitted the required certification and list of witnesses. 







( 60.23(g) provides for alternate procedures to insure public
participation.

Not applicable.





40 CFR 60.24  --  Emission standards and compliance schedules

( 60.24(a)  Each plan shall include emission standards and compliance
schedules.

The Series 18 regulation incorporates by reference (IBR) the required
emission standards. 





( 60.24(b)(1) Emission standards shall prescribe allowable rates of
emissions except when it is clearly impracticable.  Such cases will be
identified in the guideline documents issued under ( 60.22.  Where
emission standards prescribing equipment specification are established,
the plan shall, to the degree possible, set forth the emission
reductions achievable by implementation of such specifications, and may
permit compliance by the use of equipment determined by the State to be
equivalent to that prescribed.  

Not applicable.







         (2) Test methods and procedures for determining compliance with
the emission standards shall be specified in the plan.  Methods other
than those specified in Appendix A to this part may be specified in the
plan if shown to be equivalent or alternative methods are defined in (
60.2(t) and (u).       

The plan IBR the required test methods and procedures specified in the
EG and related NSPS.

                                                                    







(3)  Emission standards shall apply to all designated facilities within
the State.  A plan may contain emission standards adopted by local
jurisdictions provided that the standards are enforceable by the State.

See EPA’s 3/21/03 technical support.





( 60.24(c)  Except as provided in paragraph (f) of this section where
the Administrator has determined that a designated pollutant may cause
or contribute to endangerment or public health, emission standards,
shall be no less stringent than the corresponding emission guideline(s)
specified in Subpart C of this part, and final compliance shall be
required as expeditiously as practicable but no later than the
compliance times specified in Subpart C of this part.

The emission limits remain as stringent and protective as required by
the EG.





( 60.24(d)  Where the Administrator has determined that a designated
pollutant may cause or contribute to endangerment of public welfare but
that adverse effects on public health have not been demonstrated, States
may balance the emission guidelines, compliance times, and other
information provided in the applicable guideline document against other
factors of public concern in establishing emission standards, compliance
schedules, and variances.  Appropriate consideration shall be given to
the factors specified in ( 60.22(b) and to information presented at the
public hearing(s) conducted under ( 60.23(c).



Not applicable.







( 60.24(e)(1)  Any compliance schedule extending more than 12 months
from the date required for submittal of the plan shall include legally
enforceable increments of progress to achieve compliance for each
designated facility or category of facilities.  Increments of progress
shall include, where practicable, each increment of progress specified
in ( 60.21(h) and such additional increments of progress as may be
necessary to permit close and effective supervision of progress toward
final compliance.

The initial compliance date for the one known affected source, DuPont
Washington Works, is still 9/30/03, as now stipulated in the
revised/modified rule 45CSR18, section 12.5.  Any undiscovered affected
source is subject to a compliance date no later than October 4, 2004.  







(2)  A plan may provide that compliance schedules for individual sources
or categories of sources will be formulated after plan submittal.  Any
such schedule shall be the subject of a public hearing held accordingly
to ( 60.23 and shall be submitted to the Administrator within 60 days
after the date of adoption of the schedule but in no case later than the
date prescribed for submittal of the first semiannual report required by
( 60.25(e).

Not applicable.







( 60.24(f)  On a case-by-case basis for particular designated
facilities, or classes of facilities, States may provide for the
application of less stringent emission standards or longer compliance
schedule than those otherwise required by paragraph (c) of this section,
provided that the State demonstrated with respect to each facility (or
class of facilities):

(1)  Unreasonable cost of control resulting from plant age, location or
basic process design:

(2)  Physical impossibility of installing necessary control equipment;
or 

(3)  Other factors specific to the facility (or class of facilities)
that make application of a less stringent standard or final compliance
time significantly more reasonable.

Applicability determinations for ACI will be on a case-by-case basis.
See DAQ(s letter of 9/25/02 - first issue.







( 60.24(g)  Nothing in this subpart shall be construed to preclude any
State or political subdivision thereof from adopting or enforcing

(1)  emission standards more stringent than emission guidelines
specified in Subpart C of this part or in applicable guideline 
documents or 

(2)  compliance schedules requiring final compliance at earlier times
than those specified in Subpart C or in applicable guideline documents. 

Not applicable









40 CFR 60.25  --  Emission inventories, source surveillance, reports.

( 60.25(a)  Each plan shall include an inventory of all designated
facilities, including emission data for the designated pollutants and
information related to emissions as specified in Appendix D to this
part.  Such data shall be  summarized in the plan, and emission rates of
designated facilities shall be correlated with applicable emission
standards.  As used in this subpart, "correlated" means presented in
such a manner as to show the relationship between measured or estimated
amounts of emissions and the amounts of such emissions allowable under
applicable emission standards.

Plan identifies one affected facility, Dupont, and includes facility
emissions data. The emissions inventory is based on source test data and
material balances.





( 60.25(b)  Each plan shall provide for monitoring the status of
compliance with applicable emission standards.  Each plan shall, as a
minimum, provide for:

Included in plan narrative section on legal authority.





(1)  Legally enforceable procedures for requiring owners and operators
of designated facilities to maintain records and periodically report to
the State information on the nature and amount of emissions from such
facilities, and/or such information as may be necessary to enable the
State to determine whether such facilities are in compliance with
applicable portions of the plan.

See EPA’s 6/12/08 plan revision comment letter to DAQ relating to
Retention of Federal Authority.  The EPA Administrator retains authority
for several tasks, as stipulated in (45-18-9.1, including the granting
of waivers for initial and annual compliance testing requirements.







            (2)  Periodic inspection and, when applicable, testing of
designated facilities. 







( 60.25(c)  Each plan shall provide that information obtained by the
State under paragraph (b) of this section shall be correlated with
applicable emission standards (see ( 60.25(a)) and made available to the
general public.

DAQ has the authority to make emissions data available to the public.





( 60.25(d)  The provisions referred to in               paragraphs (b)
and (c) of this section shall be specifically identified.  Copies of
such be submitted with the plan unless:                                 
    

      

(1) They have been approved as portions of a preceding plan submitted
under this subpart or as portions of an implementation plan  submitted
under Section 110 of the Act, and

      (2) The State demonstrates: 

    (i) That the provisions are applicable                  to the
designated pollutant(s) for                   which the plan is
submitted, and 

               (ii) That the requirements of (60.26                     
     are met.                                                           
              

Copies of the WV CISWI plan,

including applicable rules (45CSR18), and the DuPont CO were made
available during the public comment periods.                            
                                           



(60.25(e)  The State shall submit reports on progress in plan
enforcement to the Administrator on an annual (calendar year) basis,
commencing with the first full report period after approval of a plan or
after promulgation of a plan by the Administrator.  Information required
under this paragraph must be included in the annual report required by (
51.321 of this chapter.



The DAQ will submit on an annual basis a report which details the
progress in enforcement of the 111(d)/129 plan in accordance with 40 CFR
60.25. The first progress report will be submitted to EPA one year after
the approval of the State plan. 



( 60.25(f)  Each progress report shall include: 

(1) Enforcement actions initiated against designated facilities during
the reporting period, under any emission standard or compliance schedule
of the plan.

(2) Identification of the achievement of any increment of progress
required by the applicable plan during the reporting period. 

(3) Identification of designated facilities that have ceased operation
during the report period.

(4) Submission of emission inventory data as described in paragraph (a)
of this section for designated facilities that were not in operation at
the time of plan development but began operation during the reporting
period.

Same as above.





(5)  Submission of additional data as necessary to update the
information submitted under paragraph (a) of this section or in previous
progress reports.





            (6)  Submission of copies of technical reports on all
performance testing on designated facilities conducted under paragraph
(b)(2) of this section, complete with concurrently recorded process
data. 

( 60.26  --  Legal authority

( 60.26(a)  Each plan shall show that the State has legal authority to
carry out the plan, including authority to: 

(1)  Adopt emission standards and compliance schedules applicable to
designated facilities.

(2)  Enforce applicable laws, regulations, standards, and compliance
schedules, and seek injunction relief.

(3)  Obtain information necessary to determine whether designated
facilities are in compliance with applicable laws, regulations,
standards, and compliance schedules, including authority to require
recordkeeping and to make inspections and conduct tests of designated
facilities.

(4)  Require owners or operators of designated facilities to install,
maintain, and use emission monitoring devices and to make periodic
reports to the State on the nature and amounts of emissions from such
facilities; also authority for the State to make such data available to
the public as reported and as correlated with applicable emission
standards.





DEP(s legal authority is derived from W.Va.(( 22-5-1 et seq. and
22-5-4(a)(4).  The authority to IBR emission guideline requirements into
its state rules is addressed in Karen Watson(s 11/29/01 letter to Donald
Welsh, Regional Administrator.

( 60.26(b)  The provisions of law or regulations which the State
determines provide the authorities required by this section shall be
specifically identified.  Copies of such laws or regulations shall be
submitted with the plan unless: 

(1)  They have been approved as portions of a preceding plan submitted
under this subpart or as portions of an implementation plan submitted
under section 110 of the Act, and	

(2)  The State demonstrates that the laws or regulations are applicable
to the designated pollutant(s) for which the plan is submitted.

Same as above. EPA has approved previous WV 111(d)/129 plans – CISWI,
HMIWIs and landfills. 







( 60.26(c) The plan shall show that the legal authorities specified in
this section are available to the State at the time of submission of the
plan.  Legal authority adequate to meet the requirements of paragraphs
(a)(3) and (4) of this section may be delegated to the State under
section 114 of the Act.

Same as above. Legal authority cited in the submitted plan.





( 60.26(d)  A State governmental agency other than the State air
pollution control agency may be assigned responsibility for carrying out
a portion of a plan if the plan demonstrates to the Administrator's
satisfaction that the State governmental agency has the legal authority
necessary to carry out that portion of the plan.

Not applicable.





( 60.26(e)  The State may authorize a local agency to carry out a plan
or portion thereof, within the local agency's jurisdiction if the plan
demonstrates to the Administrator's satisfaction that the local agency
has the legal authority necessary to implement the plan or portion
thereof, and that the authorization does not relieve the State of
responsibility under the Act for carrying out the plan or portion
thereof.

Not applicable.



III. Requirements affected CISWI owners/operators must meet

Q. What general requirements must an owner/operator meet under the
approved EPA 111(d)/129 plan revision?

A. An owner/operator must meet the same applicability, emission limits,
operating, testing, monitoring, recordkeeping, reporting, compliance
schedules, and other requirements as the initial EPA 111(d)/129 CISWI
plan approval of April 11, 2003.  This plan revision approval does not
negate or void any of the original state CISWI rule,WV45CSR18,
requirements.  

Q. Is there a requirement for obtaining a Title V permit revision?

A. Yes, as a result of the rule streamlining, an affected facility will
need to submit a Title V permit application revision.  Accordingly, the
DAQ will complete the Title V permit revision as soon as practicable.  

IV. Conclusion

The West Virginia CISWI plan revision for streamlining and consolidating
it regulatory requirements for section 129 pollutants is approvable. 
The 111(d)/129 plan revision approval does not negate or void any of the
initial plan approval requirements for DuPont or any other affected
facility.  The scope of the plan revision approval is limited to the
provisions of 40 CFR Part 60 and 62 provisions relating to existing
CISWI units, and the new source performance standard provisions, subpart
CCCC, as referenced in the emission guidelines, subpart DDDD.  Other
types of Section 129 incinerator rules are not included in this approval
action.  

The EPA Administrator continues to retain authority for several tasks,
as stipulated in 45 CSR 18, (45-18-9.1; this retention of federal
authority also includes the granting of waivers for initial and annual
compliance testing requirements.

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