                     Summary of West Virginia NSR Changes
                                   Submittal
                                    45CSR19
Reg Text
Comments
                                       
                                       
                                     2012
                                       
                                      1.1
Summary of the scope of 45CSR19 added.
 
                                       
                                       
                                       
                                     2014
                                     1.3-6
Regulatory text was updated to reflect filing and effective date of this version of 45CSR19
 
                                       
                                       
                                     2012
                                       
                                      1.6
Rule title changed to "45CSR19 - "Permits for Construction and Major Modification of Major Stationary Sources of Air
Pollution Which Cause or Contribute to Nonattainment" and the filing date and effective date of the rule was updated.
 
                                     2010
                                       
                                       
                                       
                                      2.1
Changed regulated pollutant to regulated NSR pollutant in definition of Actual Emissions
 
                                       
                                       
                                     2012
                                       
                                     2.4.b
Regulatory text updated. "The" changed to "Any" and "State of West Virginia" was changed to "State Implementation Plan"
 
                                     2010
                                       
                                       
                                       
                                      2.9
Changed regulated pollutant to regulated NSR pollutant in definition of Baseline Actual Emissions
 
                                     2010
                                       
                                       
                                       
                                    2.9.a.3
Changed regulated pollutant to regulated NSR pollutant
 
                                       
                                       
                                     2012
                                       
                                    2.9.b.3
Changed "part 63 of this chapter" to "40 CFR part 63" and "State" to "Secretary"
 
                                     2010
                                       
                                       
                                       
                                    2.9.b.4
Changed regulated pollutant to regulated NSR pollutant
 
                                     2010
                                       
                                       
                                       
                                     2.11
Changed regulated pollutant to regulated NSR pollutant and fixed typo
 
                                       
                                       
                                     2012
                                       
                                     2.13
Removed citation from definition of "CAA"
 
                                       
                                       
                                     2012
                                       
                                     2.22
Added "of this rule" to definition of "Continuous parameter monitoring system"
 
                                     2010
                                       
                                       
                                       
                                     2.16
Removed clean emission unit definition
 
                                     2010
                                       
                                       
                                       
                                     2.26
Changed regulated pollutant to regulated NSR pollutant
 
                                     2010
                                       
                                       
                                       
                                    2.26.b
Updated the definition of existing emissions unit and replacement unit
 
                                       
                                       
                                     2012
                                       
                                     2.28
Amended definition of "Federally enforceable."  Replaced "rules and regulation of the approved State Implementation Plan of West Virginia" and with "requirements within any applicable State implementation plan"
 
                                     2010
                                       
                                       
                                       
                                    2.33.a
Changed regulated pollutant to regulated NSR pollutant
 
                                     2010
                                       
                                       
                                       
                                    2.33.b
Updated citation
 
                                     2010
                                       
                                       
                                       
                                   2.33.c.3
Formatting change
 
                                       
                                       
                                     2012
                                       
                                   2.33.c.6
Formatting change
 
                                     2010
                                       
                                       
                                       
                                   2.33.c.8
Removed pollution control project language
 
                                     2010
                                       
                                       
                                       
                                    2.33.e
Added provisions for NOx as a precursor to ozone relating to reasonable possibility provisions
 
                                     2010
                                       
                                       
                                       
                                    2.33.f
Added provisions for VOCs as a precursor to ozone in extreme non-attainment areas
 
                                     2010
                                       
                                       
                                       
                                    2.35.a
Changed regulated pollutant to regulated NSR pollutant.  Added provisions for lower major source thresholds for nonattainment areas for ozone, carbon monoxide, and particulate matter
 
                                       
                                       
                                     2012
                                       
                                    2.35.a
Replaced "which" with "that" under definition of "Major Stationary Source"
 
                                     2010
                                       
                                       
                                       
                                    2.35.b
Added provisions for major stationary source thresholds for NOx as a precursor to ozone.
 
                                       
                                       
                                     2012
                                       
                                    2.35.b
Replaced "ozone attainment areas" with "areas subject to Title 1, Part D, Subpart 2"
 
                                     2010
                                       
                                       
                                       
                                    2.35.c
Updated citation, removed now redundant language
 
                                     2010
                                       
                                       
                                       
                                    2.35.e
Formatting change
 
                                       
                                       
                                     2012
                                       
                                    2.35.e
Removed "this" from regulatory text
 
                                     2010
                                       
                                       
                                       
                                   2.35.e.20
Updated chemical process plant definition to exclude ethanol production facilities
EPA is taking no action on these provisions
                                     2010
                                       
                                       
                                       
                                   2.35.e.27
Formatting change
 
                                       
                                       
                                     2012
                                       
                                   2.35.e.27
Replaced "§111" with "§§111"
 
                                       
                                     2011
                                       
                                       
                                    2.35.f
Changed fugitives to fugitive emissions and removed extra language for affected facilities
 
                                       
                                     2011
                                       
                                       
                                    2.35.g
Added definition for "affected facilities" for 2.35.f
 
                                       
                                       
                                     2012
                                       
                                     2.38
Replaced "regulations" with "rules"
 
                                       
                                       
                                     2012
                                       
                                    2.39.a
Replaced "Any" with "The"
 
                                     2010
                                       
                                       
                                       
                                  2.39.b.2.C
Removal of clean unit provisions
 
                                     2010
                                       
                                       
                                       
                                   2.39.b.5
Removal of clean unit and pollution control project provisions
 
                                     2010
                                       
                                       
                                       
                                   2.39.b.5
Previously 2.39.b.6, updated replacement unit language
 
                                       
                                       
                                     2012
                                       
                                   2.39.b.5
Updated language for replacement units
 
                                       
                                       
                                     2012
                                       
                                     2.44
Added definition of "PM2.5" and adjusted subsequent regulatory citations (2.45 to 2.53)
 
                                     2010
                                       
                                       
                                       
                                     2.53
Removed pollution control project language
 
                                       
                                       
                                     2012
                                       
                                    2.59.a
Added "and" to clarify definition of "Projected actual emissions"
 
                                       
                                       
                                     2012
                                       
                                    2.59.c
Added "or" to clarify definition of "Projected actual emissions"
 
                                     2010
                                       
                                       
                                       
                                    2.61.c
Added language for precursors of ozone and PM2.5
 
                                     2010
                                       
                                       
                                       
                                    2.61.d
Added provisions for condensable particulate matter
 
                                       
                                       
                                     2012
                                       
                                    2.61.d
Replaced "section" with "rule"
 
                                     2010
                                       
                                       
                                       
                                     2.62
Added provisions for replacement units
 
                                     2010
                                       
                                       
                                       
                                     2.63
Formatting change
 
                                       
                                       
                                     2012
                                       
                                     2.63
Removed definition of "Reviewing authority"
 
                                     2010
                                       
                                       
                                       
                                     2.66
Added table of significant emission rates, included significant emission rates for PM2.5 and its precursors, and included significant emission rates for increases of  VOCs in serious or severe nonattainment areas, NOx in nonattainment areas or the ozone transport region, carbon monoxide in nonattainment areas, and VOCs in extreme  nonattainment areas
 
                                     2010
                                       
                                       
                                       
                                     2.69
Added chart for significant impact increases
 
                                       
                                       
                                     2012
                                       
                                     2.69
Added PM2.5 Ambient Air Concentration Increases and removed TSP Ambient Air Concentration Increases from the chart in the definition of "Significant Impact"
 
                                       
                                       
                                     2012
                                       
                                     2.71
Changed definition of "Source, Stationary Source" to "Source, or stationary source" and replaced "emit any regulated air pollutant" with "emit a regulated NSR pollutant"
 
                                     2010
                                       
                                       
                                       
                                     2.74
Formatting change
 
                                       
                                       
                                     2012
                                       
                                     2.77
Updated language to include the federal Clean Air Act
 
                                       
                                       
                                     2012
                                       
                                     3.3.a
Added chart for significance levels (including PM2.5) that were previously in  Table 45-19B
 
                                     2010
                                       
                                       
                                       
                                      3.4
Changed regulated pollutant to regulated NSR pollutant
 
                                     2010
                                       
                                       
                                       
                                     3.4.a
Changed regulated pollutant to regulated NSR pollutant and updated citations
 
                                     2010
                                       
                                       
                                       
                                     3.4.e
Removed clean unit provisions
 
                                     2010
                                       
                                       
                                       
                                     3.4.f
Removed clean unit provisions, updated citations, changed regulated pollutant to regulated NSR pollutant
 
                                     2010
                                       
                                       
                                       
                                      3.5
Changed regulated pollutant to regulated NSR pollutant
 
                                     2010
                                       
                                       
                                       
                                      3.6
Removed provisions for pollution control projects
 
                                       
                                       
                                     2012
                                       
                                     3.7.a
Replaced "emission" with "emissions"
 
                                     2010
                                       
                                       
                                       
                                   3.7.a.20
Updated chemical process plant definition to exclude ethanol production facilities
EPA is taking no action on these provisions
                                       
                                     2011
                                       
                                       
                                     3.7.b
Changed fugitives to fugitive emissions and removed extra language for affected facilities
 
                                       
                                     2011
                                       
                                       
                                     3.7.c
Added definition for "affected facilities" for 3.7.b
 
                                       
                                       
                                       
                                       
                                      7.2
Updated regulatory text for determining emission offsets
 
                                     2010
                                       
                                       
                                       
                                      7.4
Revised provisions for emission reductions requirements
 
                                       
                                       
                                     2012
                                       
                                     7.4.a
Added "surplus" to be a criteria for an emission reduction to be creditable
 
                                     2010
                                       
                                       
                                       
                                      7.5
Added provision for emission reductions requirements
 
                                     2010
                                       
                                       
                                       
                                      7.6
Formatting change
 
                                       
                                       
                                     2012
                                       
                                     8.2.b
Replaced "total suspended particulate (TSP)" with "fine particulate matter (PM2.5) and replaced "should" with "shall"
 
                                       
                                       
                                     2012
                                       
                                     8.5.a
Replaced "TSP" with "PM2.5"
 
                                       
                                       
                                     2012
                                       
                                      8.6
Replaced "and" with "or"
 
                                     2010
                                       
                                       
                                       
                                      8.7
Removed clean unit provisions
 
                                     2010
                                       
                                       
                                       
                                      8.8
Removed clean unit provisions
 
                                       
                                       
                                     2012
                                       
                                    12.2.a
Replaced "administrator" with "Administrator"
 
                                       
                                       
                                     2012
                                       
                                    14.1.b
Replaced "the state" with "West Virginia"
 
                                       
                                       
                                     2012
                                       
                                    14.4.b
Replaced "should" with "shall"
 
                                       
                                       
                                     2012
                                       
                                     15.6
Replaced "should" with "shall"
 
                                     2010
                                       
                                       
                                       
                                     17.4
Updated language for reasonable possibility provisions
 
                                       
                                       
                                     2012
                                       
                                    17.4.b
Replaced "operator of the a unit" with "operator of such a unit" and "department" with "Secretary" 
 
                                     2010
                                       
                                       
                                       
                                    17.4.d
Formatting change
 
                                       
                                       
                                     2012
                                       
                                    17.4.e
Replaced "department" with "Secretary"
 
                                     2010
                                       
                                       
                                       
                                    17.4.f
Added language for reasonable possibility
 
                                     2010
                                       
                                       
                                       
                                     17.5
Added language for reasonable possibility
 
                                     2010
                                       
                                       
                                       
                                     17.6
Added requirements for NOx waivers under 182(f) of the CAA
 
                                     2010
                                       
                                       
                                       
                                     17.7
Added language for emission offset ratios, including interpollutant trading ratios
Provisions were subsequently removed in the 2014 submittal
                                       
                                       
                                       
                                     2014
                                     17.9
Removed provisions for interpollutant trading ratios which were originally included in 45CSR17.7 in the 2010 submittal
 
                                       
                                       
                                     2012
                                       
                                     18.1
Replaced "section §107" with "§107"
 
                                     2010
                                       
                                       
                                       
                                      20
Removed clean unit test provisions
 
                                     2010
                                       
                                       
                                       
                                      21
Removed clean unit provisions
 
                                     2010
                                       
                                       
                                       
                                      22
Removed pollution control project requirements
 
                                       
                                       
                                     2012
                                       
                                     23.2
Clarified typographical error and corrected citations for definition of "allowable emissions
 
                                       
                                       
                                     2012
                                       
                                     23.6
Removed redundant language in 23.6.a already included in 23.6.b
 
                                     2010
                                       
                                       
                                       
                                    23.6.a
Revised language for setting PAL levels
 
                                     2010
                                       
                                       
                                       
                                    23.6.b
Added provisions for setting PAL levels for newly constructed units
 
                                       
                                       
                                     2012
                                       
                                  23.8.b.2.C
Replaced "State" with "Secretary"
 
                                       
                                       
                                     2012
                                       
                                   23.13.b.2
Replaced "title V" with "45CSR30"
 
                                       
                                       
                                     2012
                                       
                                     23.14
Replaced "the applicable title V operating permit program" with "45CSR30"
 
                                       
                                       
                                     2012
                                       
                                   23.14.a.7
Replaced "the applicable title V operating permit program" with "45CSR30"
 
                                       
                                       
                                     2012
                                       
                                    23.15.a
Replaced "regulations" with "rules", "WV" with "West Virginia", and removed redundant language
 
                                       
                                       
                                     2012
                                       
                                     24.1
Replaced "single permit" with "single preconstruction permit"
 
                                     2010
                                       
                                       
                                       
                                 Table 45-19A
Removed and revised table added to regulatory text
 
                                     2010
                                       
                                       
                                       
                                 Table 45-19B
Removed and revised table added to regulatory text
 
                                       
