West Virginia Demonstration of Compliance with the … O3...iv WV 2008 Ozone Transport SIP List of Appendices ... SIP elements such as requirements for monitoring, basic program requirements

west virginia department of environmental protection

West Virginia Demonstration of Compliance

with the Good Neighbor Requirements of

Clean Air Act Section 110(a)(2)(D)(i)(I)

for the 2008 Ozone National Ambient Air Quality Standard

PROPOSED

November 2017

West Virginia Division of Air Quality

601 57th Street, SE

Charleston, WV 25304

Promoting a healthy environment.

[This page intentionally left blank.]

i

WV 2008 Ozone Transport SIP

Table of Contents

1.0. Introduction ....................................................................................................................................... 1

2.0. Request .............................................................................................................................................. 1

3.0. Background ....................................................................................................................................... 2

4.0. Ozone ................................................................................................................................................ 4

4.1. Formation ...................................................................................................................................... 4

4.2. Ozone Precursors – NOx and VOC ............................................................................................... 4

4.3. EPA’s Designation Process ........................................................................................................... 5

4.4. EPA Transport Modeling .............................................................................................................. 6

4.4.a. 2008 Ozone NAAQS Transport Assessment Modeling ........................................................ 7

4.4.b. 2008 Ozone NAAQS SIP Requirement Rule Modeling ....................................................... 8

4.4.c. CSAPR Modeling ................................................................................................................. 9

4.4.d. CSAPR Update Model .......................................................................................................... 9

4.5. West Virginia’s Contributions to Nonattainment and Maintenance Receptors .......................... 11

4.6. Clean Data Findings .................................................................................................................... 13

5.0. Contributions to “Link” Upwind State to Downwind Nonattainment and Maintenance Receptors

15

6.0. Control Measures ............................................................................................................................ 19

6.1. Federal/State Programs ............................................................................................................... 19

6.1.a. Acid Rain Program (ARP) .................................................................................................. 19

6.1.b. NOx SIP Call ....................................................................................................................... 19

6.1.c. CAIR ................................................................................................................................... 20

6.2. Federal Programs ........................................................................................................................ 21

6.2.a. CSAPR ................................................................................................................................ 21

6.2.b. CSAPR Update ................................................................................................................... 22

6.2.c. 2007 Heavy-Duty Highway Rule (40 CFR Part 86, Subpart P) .......................................... 23

6.2.d. Tier 2 Vehicle and Gasoline Sulfur Program (40 CFR Part 80, Subpart H; 40 CFR Part 85,

40 CFR Part 86) .................................................................................................................................. 23

6.2.e. Nonroad Diesel Emissions Program (40 CFR Part 89) ....................................................... 24

6.3. State Programs ............................................................................................................................ 24

6.3.a. New Source Review (NSR) Permit Program ...................................................................... 24

ii


6.3.b. New Source Performance Standards (40 CFR Part 60) ...................................................... 26

6.3.c. Solid Waste Incineration Rules (40 CFR Part 60) .............................................................. 27

6.3.d. Maximum Achievable Control Technology (MACT) Program (40 CFR Part 63) ............. 28

7.0. Weight of Evidence ......................................................................................................................... 29

7.1. West Virginia Emissions ............................................................................................................. 29

7.2. EGU and Non-EGU Emission Reductions ................................................................................. 32

8.0. Conclusion ...................................................................................................................................... 38

iii


Tables and Charts TABLES

Table 1 – West Virginia’s Projected Ozone Contributions Based on 2008 Ozone NAAQS To

Nonattainment and Maintenance-Only Receptors .........................................................12

Table 2 – EPA’s Ozone Design Value Reports (ppm) 2013-2016 ................................................13

Table 3 – CSAPR Update Projected Nonattainment Receptors in the Eastern U.S. .....................16

Table 4 – CSAPR Update Projected Maintenance-Only Receptors in the Eastern U.S. ...............17

Table 5 – West Virginia Tier 1 Criteria Pollutant: NOx ................................................................31

Table 6 – West Virginia Non-EGU Sources in the > 100 Tons Per Year Reduction Group .........36

CHARTS

Chart 1 – West Virginia Ozone Season EGU NOx Emissions 2000-2016 ....................................34

Chart 2 – West Virginia Ozone Season non-EGU NOx Emissions (as reported to CAMD)

2003-2016 ......................................................................................................................35

iv


List of Appendices

Appendix A: Emission Inventory ....................................................................................Page A-1

Emission Inventory Documentation .........................................................................Page A-3

EPA’s Revision Log for the Oil and Gas Tool (Production) ....................................Page A-6

EPA’s Revision Log for the Oil and Gas Tool (Exploration) ...................................Page A-9

WV Oil and Gas Point Sources NOx Emissions per SCC ......................................Page A-14

WV Oil and Gas Exploration NOx Emissions per SCC ..........................................Page A-16

NEI Trends Data (Unmodified) TIER 1 .................................................................Page A-18

NEI Trends Data (WV modified Petroleum & Related Industries) TIER 1 ...........Page A-19

Appendix B: EGU ............................................................................................................. Page B-1

American Electric Power Service Corp., et al. – Consent Decree ............................ Page B-3

Virginia Electric and Power Company – Consent Decree .................................... Page B-127

Harrison Power Station – Title V Permit Modification ........................................ Page B-247

Pleasants-Willow Island Power Station – Title V Permit Modification ............... Page B-331

EGUs Permanently Retired ................................................................................... Page B-429

Kammer Plant .................................................................................................. Page B-431

Kanawha River Plant ....................................................................................... Page B-435

Philip Sporn Plant............................................................................................ Page B-439

Appendix C: Non-EGU Sources in the >100 Tons Per Year Reduction Group ......... Page C-1

Non-EGU Sources in the >100 Tons Per Year Reduction Group ............................ Page C-3

Documentation to Support Process Shutdowns ........................................................ Page C-9

Process Shutdowns 2011-2016 .......................................................................... Page C-11

Certification of Data Accuracy .......................................................................... Page C-25

Documentation to Support Switch in Processes (2017) ........................................ Page C-111

Bayer CropScience LP ..................................................................................... Page C-113

Documentation to Support Facility Shutdowns .................................................... Page C-139

SABIC Innovative Plastics US LLC ................................................................. Page C-141

Pineville/Wolf Pen Compressor Station........................................................... Page C-147

Documentation to below Title V Applicability .................................................... Page C-151

QG Printing II Corp......................................................................................... Page C-153

Dominion – Kennedy Station ........................................................................... Page C-173

Columbia Gas – Majorsville Compressor Station ........................................... Page C-203

Columbia Gas – Rockport Compressor Station ............................................... Page C-233

Cranberry Pipeline – Bradley Compressor Station ......................................... Page C-261

v


Acronyms and Abbreviations

ARP Acid Rain Program

BACT Best Available Control Technology

CAA Clean Air Act

CAAA Clean Air Act Amendments

CAIR Clean Air Interstate Rule

CAMD Clean Air Market Division

CAMx Comprehensive Air Quality Model with Extensions

CBSA Core Based Statistical Area

CFB Circulating Fluidized Bed

CFR Code of Federal Regulations

CISWI Commercial and Industrial Solid Waste Incinerators

CO Carbon Monoxide

CoST Control Strategy Tool

CPP Clean Power Plan

CSAPR Cross State Air Pollution Rule

CSR Code of State Rules

CT Connecticut

D.C. District of Columbia

DAQ Division of Air Quality

DE Delaware

DEP Department of Environmental Protection

EG Emission Guidelines

EGU Electric(ity) Generating Unit

EIS Emissions Inventory System

EPA Environmental Protection Agency

FIP Federal Implementation Plan

FR Federal Register

g/bhp-hr Grams per Brake Horsepower-Hour

HAP Hazardous Air Pollutant

HMIWI Hospital, Medical, Infectious Waste Incinerator

ICI Industrial/Commercial/Institutional

IPM Integrated Planning Model

KY Kentucky

LAER Lowest Available Control Technology

lb/MMBtu Pounds Per Million British Thermal Units

LEV Low Emission Vehicle

MACT Maximum Available Control Technology

MATS Mercury and Air Toxic Standard

MD Maryland

N/A Not Applicable or Not Available

NAAQS National Ambient Air Quality Standard

NBP NOx Budget Trading Program

NEI National Emissions Inventory

NESHAP National Emission Standards for Hazardous Air Pollutant

vi


Acronyms and Abbreviations (Continued)

NJ New Jersey

NMHC Non-Methane Hydrocarbons

NOx Nitrogen Oxides

NODA Notice of Data Availability

NSPS New Source Performance Standard

NSR New Source Review

NY New York

O3 Ozone

OH Ohio

OTAG Ozone Transport Assessment Group

OTR Ozone Transport Region

PA Pennsylvania

PM Particulate Matter

PM2.5 Particulate Matter Less Than 2.5 Microns in Diameter

ppb Parts per Billion

ppm Parts per Million

PSD Prevention of Significant Deterioration

RACM Reasonably Available Control Measure

RACT Reasonably Available Control Technology

SCC Source Classification Code

SCOTUS Supreme Court of the United States

SCR Selective Catalytic Reduction

SIL Significant Impact Level

SIP State Implementation Plan

SLEIS State and Local Emissions Inventory System

SLT State, Local, and Tribal

SNCR Selective Non-Catalytic Reduction

SO2 Sulfur Dioxide

TSD Technical Support Document

U.S. United States

VA Virginia

VOCs Volatile Organic Compounds

> Greater Than

1


West Virginia Demonstration of Compliance

with the Good Neighbor Requirements of

Clean Air Act Section 110(a)(2)(D)(i)(I)

for the 2008 Ozone National Ambient Air Quality Standard

1.0. Introduction

Sections 110(a)(1) and (2) of the Clean Air Act (CAA) require all states to adopt and submit to the

Environmental Protection Agency (EPA) any necessary revisions to their State Implementation

Plans (SIP) which provide for the implementation, maintenance, and enforcement of a new or

revised National Ambient Air Quality Standard (NAAQS). Such revisions are commonly referred

to as “infrastructure SIPs”. The EPA revised the ozone NAAQS in March 2008 and completed

the designation process to identify nonattainment areas in July 2012. The West Virginia

Department of Environmental Protection (DEP) subsequently submitted West Virginia’s

infrastructure SIP on February 17, 2012, but did not address one of the required components, CAA

Section 110(a)(2)(D)(i)(I), which is commonly referred to as the “Good Neighbor” provision.

2.0. Request

CAA section 110(a)(2)(D)(i)(I) prohibits emissions from states that will contribute significantly to

nonattainment or interfere with maintenance in any other state with respect to any primary or

secondary NAAQS. However, “EPA does not view the obligation under the good neighbor

provision as a requirement for upwind states to bear all of the burden for resolving downwind air

quality problems. Rather, it is an obligation that upwind and downwind states share responsibility

for addressing air quality problems. If, after implementation of reasonable emissions reductions

by an upwind state, a downwind air quality problem persists, whether due to international

emissions or emissions originating within the downwind state, the EPA can relieve the upwind

2


state of the obligation to make additional reductions to address that air quality problem. But the

statue does not absolve the upwind state of the obligation to make reasonable reductions in the

first instance” [81 FR 74536, 26 Oct 2016].

The State of West Virginia is requesting the EPA to approve the West Virginia Demonstration of

Compliance with the Good Neighbor Requirements of Clean Air Act Section 110(a)(2)(D)(i)(I) for

the 2008 Ozone National Ambient Air Quality Standard as a revision to the SIP. This revision

supplements DEP’s February 17, 2012 infrastructure SIP submittal, and addresses the CAA section

110(a)(2)(D)(i)(I) (i.e., “Good Neighbor”) requirements to demonstrate that all reasonable

measures, which have been identified as economically and technically feasible by today’s

standards, have been implemented by West Virginia to address downwind states’ inherent

problem.

3.0. Background

On March 27, 2008, EPA promulgated a revised NAAQS for ozone based on 8-hour average

concentrations [73 FR 16436]. EPA revised the level of the 8-hour ozone NAAQS to 0.075 parts

per million (ppm). EPA completed the designation process to identify nonattainment areas in July

2012; all areas of West Virginia were designated as attainment/unclassifiable [77 FR 30088, 21

May 2012].

Pursuant to section 110(a) of the CAA, states are required to submit SIPs to provide for the

implementation, maintenance, and enforcement of a new or revised NAAQS within three (3) years

following the promulgation of such NAAQS, or within a shorter period as EPA may prescribe.

More specifically, section 110(a)(1) provides the procedural and timing requirements for SIPs.

Section 110(a)(2) lists specific elements that states must meet for ‘‘infrastructure’’ SIP

3


requirements related to a newly established or revised NAAQS. These requirements include basic

SIP elements such as requirements for monitoring, basic program requirements and legal authority

that are designed to assure attainment and maintenance of the NAAQS.

On February 17, 2012, West Virginia submitted a plan to satisfy the requirements of section

110(a)(2) of the CAA for the 2008 ozone NAAQS. This submittal addressed the following

infrastructure elements, or portions thereof: section 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H),

(J), (K), (L), and (M) of the CAA. On April 7, 2014, EPA approved the submittal [79 FR 19001].

EPA took separate action on the portions of CAA section 110(a)(2) infrastructure elements for the

2008 ozone NAAQS as they related to West Virginia’s Prevention of Significant Deterioration

(PSD) program, as required by part C of Title I of the CAA, including portions of CAA section

110(a)(2)(C), (D)(i)(II) and (J). EPA also took separate action on CAA section 110(a)(2)(E)(ii)

for the 2008 ozone NAAQS as it relates to CAA section 128, “State Boards”.

On August 21, 2012, in the EME Homer City decision, the U.S. Court of Appeals for the D.C.

Circuit found that a state was not required to submit a SIP pursuant to section 110(a) which

addresses section 110(a)(2)(D)(i)(I) until EPA has defined a state’s contribution to nonattainment

or interference with maintenance in another state. West Virginia’s February 17, 2012

infrastructure SIP submission for the 2008 ozone NAAQS did not include a component to address

110(a)(2)(D)(i)(I). Therefore, EPA did not address CAA section 110(a)(2)(D)(i)(I) in their April

7, 2014 infrastructure SIP approval.

However, on April 29, 2014, the EME Homer City decision was reversed by the Supreme Court

of the United States (SCOTUS), which found that the CAA does not require that EPA quantify a

state’s obligation under that section before states are required to submit 110(a)(2)(D)(i)(I) SIPs.

4


Because of the SCOTUS decision, on July 13, 2015, EPA issued Findings of Failure to Submit a

Section 110 State Implementation Plan for Interstate Transport for the 2008 National Ambient Air

Quality Standards for Ozone [80 FR 39961] for 24 states, including West Virginia, that failed to

submit SIPs to satisfy CAA section 110(a)(2)(D)(i)(I). These findings of failure to submit establish

a 2-year deadline for EPA to promulgate a Federal Implementation Plan (FIP) to address the

interstate transport SIP requirements pertaining to significant contribution to nonattainment and

interference with maintenance unless, prior to EPA promulgating a FIP, the state submits, and the

EPA approves, a SIP that meets these requirements.

4.0. Ozone

4.1. Formation

Ground-level ozone, (O3), is a gas that is not emitted directly into the air, but is a secondary

pollutant formed by the reaction of oxides of nitrogen (NOx) and volatile organic compounds

(VOCs) in the presence of sunlight. Many types of sources emit these precursor pollutants,

including power plants and industrial facilities, on-road and off-road motor vehicles and engines,

and smaller sources, collectively referred to as area sources. Ozone is predominately a

summertime pollutant; however, high ozone concentrations have been observed in cold months in

a few high elevation areas. Ozone and ozone precursors (NOx and VOCs) can be transported

hundreds of miles.

4.2. Ozone Precursors – NOx and VOC

The Good Neighbor provision of the CAA “provides both the states and the EPA with the

flexibility to develop a remedy targeted at a particular air quality problem, including the flexibility

to tailor the remedy to address the particular precursor pollutants and sources that would most

5


effectively address the downwind air quality problem” [82 FR 6516, 19 Jan 2017]. “In order to

address the regional transport of ozone…., the EPA has promulgated four (4) regional interstate

transport rules focusing on the reduction of NOx emissions, as the primary meaningful precursor

to address regional ozone, from certain sources located in states in the eastern half of the U.S.” [82

FR 6516, 19 Jan 2017]. The Ozone Transport Assessment Group (OTAG) Regional and Urban

Scale Modeling and Air Quality Analysis Work Groups concluded, with which EPA agreed,

“Regional NOx emissions reductions are effective in producing ozone benefits; the more NOx

emissions reduced, the greater the benefit to air quality; and VOC controls are effective in reducing

ozone locally and are most advantageous to urban nonattainment areas.” The EPA concluded, “a

regional strategy focusing on NOx reductions across a broad portion of the region will help mitigate

the ozone problem in many areas of the East” [82 FR 6517, 19 Jan 2017].

4.3. EPA’s Designation Process

On March 27, 2008, the EPA revised both the primary and secondary NAAQS for ozone to a level

of 0.075 ppm; annual fourth-highest daily maximum 8-hour average concentration, averaged over

3 years [73 FR 16436]. Most areas were designated based on 2008-2010 design values; some

states certified the 2009-2011 design values early so that more recent data could be used in

designation decisions.1 EPA announced and promulgated initial area designations for most areas

of the country with respect to the 2008 primary and secondary ozone NAAQS, in accordance with

the requirements of CAA section 107(d), on May 21, 2012 [77 FR 30089]. All counties in West

Virginia were designated “unclassifiable/attainment” for the 2008 8-hour ozone NAAQS [77 FR

30155 and 77 FR 30156].

1 https://www3.epa.gov/airquality/greenbook/ozone2008_notes.html

https://www3.epa.gov/airquality/greenbook/ozone2008_notes.html

6


4.4. EPA Transport Modeling

EPA has undertaken multiple air quality modeling efforts using a 2011-base platform, to help states

address the requirements of CAA section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS.

• Air Quality Modeling for the 2008 Ozone NAAQS Transport Assessment (January 2015)

• Air Quality Modeling for the 2008 Ozone NAAQS SIP Requirement Rule (August 2015)

• Air Quality Modeling for the Cross-State Air Pollution Rule (CSAPR) (November 2015)

• Air Quality Modeling for the CSAPR Update (August 2016)

Each preliminary modeling exercise used a screening threshold of one percent (1%) of the NAAQS

to identify contributing upwind states warranting further review and analysis.

EPA developed a 4-step framework for addressing the requirements of the “Good Neighbor”

provision in the CSAPR for the 1997 ozone NAAQS and the 1997 and 2006 PM2.5 (particulate

matter less than 2.5 microns) NAAQS:

(1) identify downwind receptors that are expected to have problems attaining or maintaining

the NAAQS;

(2) determine which upwind states significantly contribute (or are “linked”) to the downwind

air quality problems;

(3) for states that are “linked”, quantify the level of upwind emissions that need to be addressed

to satisfy the “Good Neighbor” provision; and,

(4) adoption of permanent and enforceable emission reductions, in “linked” upwind states.

7


4.4.a. 2008 Ozone NAAQS Transport Assessment Modeling

On January 22, 2015, EPA issued guidance2 to assist states with the development of SIP revisions

to address the interstate transport “Good Neighbor” provision of the CAA, section

110(a)(2)(D)(i)(I), for the 2008 ozone NAAQS. The guidance discussed elements previously used

to address interstate transport and presented EPA’s new, preliminary ozone air quality modeling

results for the year 2018.

EPA’s Air Quality Modeling Technical Support Document for the 2008 Ozone NAAQS Transport

Assessment3 modeling projected ozone concentrations at individual monitoring sites to 2018 and

estimated state-by-state contributions to those 2018 concentrations. The photochemical model

simulations performed for this assessment used the Comprehensive Air Quality Model with

Extensions (CAMx version 6.10).4 “The 2018 electric generating unit (EGU) projected inventory

represented demand growth, fuel resource availability, generating technology cost and

performance, and other economic factors affecting power sector behavior. The EGU emissions

were developed using the Integrated Planning Model (IPM) version 5.13.”5 Note, the EGU

projections reflect impacts from the Final Mercury and Air Toxics Standards (MATS) announced

on December 21, 2011 and the Clean Air Interstate Rule (CAIR) issued March 10, 2005. CSAPR

was not included, because at the time of this modeling, CSAPR had been vacated by the D.C.

Circuit Court. In addition, the EGU projections used for this analysis pre-dated and did not reflect

2 Memorandum from Stephen Page to EPA Regional Air Directors, Regions 1-10 on Information on the Interstate Transport “Good Neighbor” SIP Provisions for the 2008 Ozone National Ambient Air Quality Standards NAAQS under Clean Air Act (CAA) Section 110(a)(2)(D)(i)(I), January 22, 2015. The guidance document can be found at: https://www.epa.gov/sites/production/files/2015-11/documents/goodneighborprovision2008naaqs.pdf 3 EPA, Air Quality Modeling Technical Support Document for the 2008 Ozone NAAQS Transport Assessment, January 2015. 4 Id., p. 2. 5 Id., p. 12.

https://www.epa.gov/sites/production/files/2015-11/documents/goodneighborprovision2008naaqs.pdf

8


the expected impacts from the proposed Clean Power Plan (CPP) issued in June 2014. West

Virginia’s largest identified contribution to downwind 8-hour ozone nonattainment and

maintenance receptors was 2.79 parts per billion (ppb) and 2.88 ppb, respectively. West Virginia

was projected to be “linked” to four (4) downwind 2018 nonattainment receptors and six (6)

maintenance receptors.

4.4.b. 2008 Ozone NAAQS SIP Requirement Rule Modeling

Subsequently, the EPA’s final 2008 Ozone NAAQS SIP Requirement Rule [80 FR 12264, 06 Mar

2015] established the attainment deadline of July 20, 2018 for ozone nonattainment areas currently

designated as Moderate. Due to the attainment date falling during the 2018 ozone season, the 2017

ozone season will be the last full season from which data can be used to determine attainment of

the NAAQS by the July 20, 2018 attainment date. Therefore, consistent with the court’s instruction

in North Carolina v. EPA6, the EPA established emission budgets and implementation of these

emission budgets starting with the 2017 ozone season. EPA released updated air quality modeling7

in August 2015 that projected ozone concentrations at individual monitoring sites in 2017 and

estimated state-by-state contributions to those 2017 concentrations. The August 2015 modeling

identified West Virginia’s largest contribution to downwind 8-hour ozone nonattainment and

maintenance receptors of 2.99 ppb and 3.11 ppb, respectively. West Virginia was projected to be

“linked” to six (6) downwind 2017 nonattainment receptors and eight (8) maintenance receptors.

6 531 F.3d 896,911-912 (D.C. Cir. 2008) 7 EPA, Updated Air Quality Modeling Technical Support Document for the 2008 Ozone NAAQS Transport Assessment, August 2015.

9


4.4.c. CSAPR Modeling

EPA, again, released updated air quality modeling8 in November 2015 that projected ozone

concentrations at individual monitoring sites in 2017 and estimated state-by-state contributions to

those 2017 concentrations. The photochemical model simulations performed for this assessment

used the CAMx version 6.11.9 The November 2015 updated modeling identified West Virginia’s

largest contribution to downwind 8-hour ozone nonattainment and maintenance receptors of 0.95

ppb and 3.11 ppb, respectively.10 The updated modeling projected West Virginia to be “linked” to

two (2) downwind 2017 nonattainment receptor and twelve (12) maintenance receptors.

4.4.d. CSAPR Update Model

The stated purpose of the Cross-State Air Pollution Rule Update for the 2008 Ozone NAAQS

(CSAPR Update) is “to protect public health and welfare by reducing interstate emission transport

that significantly contributes to nonattainment, or interferes with maintenance, of the 2008 ozone

NAAQS in the eastern U.S.” [81 FR 74505, 26 Oct 2016]. The CSAPR Update addresses

contributions of ozone from states in the eastern U.S. and builds on previous efforts focused on

addressing interstate transport (e.g. NOx SIP Call, CAIR, CSAPR). The CSAPR Update is only a

partial remedy to address ozone transport issues; limiting ozone season (May 1 through September

30) NOx emissions from EGUs in 22 eastern states.

The final CSAPR Update air quality modeling11 was released in August 2016. The updated

modeling projected ozone concentrations at individual monitoring sites in 2017 and estimated

8 EPA, Air Quality Modeling Technical Support Document for the 2008 Ozone NAAQS Cross-State Air Pollution Rule Proposal, November 2015. 9 Id., p. 2. 10 Id., p.23. 11 EPA, Air Quality Modeling Technical Support Document for the Final Cross State Air Pollution Rule Update, August 2016.

10


state-by-state contributions to those 2017 concentrations while utilizing the same 4-step

framework developed by EPA for addressing interstate transport in CSAPR, but updated with

respect to the newer 2008 ozone NAAQS and in response to stakeholder comments and various

court decisions. The photochemical model simulations performed for this assessment used the

CAMx version 6.20.12 Modeling for the CSAPR Update did not include the CPP due to several

uncertainties associated with measuring the effects of the CPP in 2017. The CSAPR Update

modeling identified West Virginia’s largest contribution downwind to 8-hour ozone nonattainment

and maintenance receptors of 1.04 ppb and 3.31 ppb, respectively [81 FR 74537, 26 Oct 2016].

The CSAPR Update modeling projected West Virginia to be “linked” to one (1) downwind 2017

nonattainment receptor [81 FR 74538, 26 Oct 2016] and seven (7) maintenance receptors [81 FR

74539, 26 Oct 2016].

In EPA’s Notice of Availability of the Environmental Protection Agency’s Preliminary Interstate

Ozone Transport Modeling Data for the 2015 Ozone National Ambient Air Quality Standard

(NAAQS) [82 FR 1733, 6 Jan 2017], preliminary interstate ozone transport modeling data and

associated methods relative to the 2015 ozone NAAQS (i.e., 0.070 ppm) was available for public

review and comment. Modeling projected ozone concentrations at individual monitoring sites to

2023 and estimated state-by-state contributions, at a significant impact level (SIL) of 1% of the

2015 ozone NAAQS (i.e., 0.70 ppb) to those 2023 concentrations. The photochemical model

simulations performed for this assessment used the CAMx version 6.30.13 The updated EGU

projections included the CPP. Air quality modeling (in the NODA) was based on IPM v5.16

projections [82 FR 1736, 6 Jan 2017]. The NODA modeling identified West Virginia’s largest

12 Id., p. 2. 13 EPA, Technical Support Document (TSD) Updates to Emissions Inventories for the Version 6.3, 2011 Emissions Modeling Platform for the Year 2023, December 2016.

11


contribution to downwind 8-hour ozone nonattainment and maintenance receptors of 2.59 ppb and

0.92 ppb, respectively [82 FR 1739 and 82 FR 1740]. The NODA modeling projected West

Virginia to be “linked” to three (3) downwind 2023 nonattainment receptor and three (3)

maintenance receptors.14

The future of the CPP is uncertain. The CPP was stayed by the Supreme Court in February 2016;

followed by President Trump signing an Executive Order “Promoting Energy Independence and

Economic Growth” on March 28, 2017 and the proposal to repeal said rule, published in the FR

on October 16, 2017 [82 FR 48035]. Based on the delays, the proposed timeline in the CPP will

change; therefore, making the modeling including the CPP moot. The 2023 modeling cannot be

relied upon to help states develop Good Neighbor SIPs for the 2008 ozone standard.

Therefore, West Virginia concluded that since the CSAPR Update modeling does not include the

CPP, it is the most credible and appropriate modeling to assess downwind contributions to address

ozone transport.

4.5. West Virginia’s Contributions to Nonattainment and Maintenance Receptors

As noted above, the EPA has provided modeling on four different occasions (i.e., January 2015,

August 2015, November 2015, and August 2016) identifying upwind states’ contributions to

projected downwind nonattainment and maintenance receptors based on varying assumptions,

models, and projected year based on the 2008 ozone NAAQS. A comparison of the modeling

results is provided in Table 1 below.

14 https://www.epa.gov/airmarkets/notice-data-availability-preliminary-interstate-ozone-transport-modeling-data-2015-ozone, 2015 Ozone NAAQS Preliminary Transport Assessment Design Values and Contributions

https://www.epa.gov/airmarkets/notice-data-availability-preliminary-interstate-ozone-transport-modeling-data-2015-ozone

https://www.epa.gov/airmarkets/notice-data-availability-preliminary-interstate-ozone-transport-modeling-data-2015-ozone

12


Table 1

West Virginia’s Projected Ozone Contributions

Based on 2008 Ozone NAAQS

To Nonattainment and Maintenance-Only Receptors

DATE OF MODELING JANUARY

201515

AUGUST

201516

NOVEMBER

201517

AUGUST

201618

PROJECTED YEAR 2018 2017 2017 2017

PROJECTED MAXIMUM CONTRIBUTIONS (ppb)

NONATTAINMENT RECEPTOR 2.79 2.99 0.95 1.04

MAINTENANCE RECEPTOR 2.88 3.11 3.11 3.31

RECEPTOR SITE ID Contribution

(ppb)

Contribution

(ppb)

Contribution

(ppb)

Contribution

(ppb)

Fairfield, CT 90010017 0.87 N/A N/A 0.82

Fairfield, CT 90013007 0.97 0.92 0.92 0.94

Fairfield, CT 90019003 0.88 0.95 0.95 1.04

New Haven, CT 90099002 0.82 N/A N/A N/A

Baltimore, MD 240053001 N/A 2.65 2.65 N/A

Harford, MD 240251001 2.79 2.99 2.99 3.31

Camden, NJ 340071001 1.17 1.07 1.07 N/A

Gloucester, NJ 340150002 2.22 2.35 2.35 N/A

Middlesex, NJ 340230011 N/A 1.91 1.91 N/A

Ocean, NJ 340290006 N/A 1.08 1.08 N/A

Queens, NY 360810124 N/A 0.92 0.92 N/A

Richmond, NY 360850067 2.03 1.64 1.64 1.92

Suffolk, NY 361030002 0.99 0.98 0.98 0.98

Hamilton, OH 390610006 N/A 0.97 0.97 0.98

Allegheny, PA 420031005 N/A 2.47 2.47 N/A

Philadelphia, PA 421010024 2.88 3.11 3.11 3.03

Contributions shown in RED are to nonattainment receptors.

N/A – West Virginia is not “linked” (i.e., 1% of NAAQS) to a given receptor in model

15 EPA, Air Quality Modeling Technical Support Document for the 2008 Ozone NAAQS Transport Assessment, January 2015. 16 EPA, Updated Air Quality Modeling Technical Support Document for the 2008 Ozone NAAQS Transport Assessment, August 2015. 17 EPA, Air Quality Modeling Technical Support Document for the 2008 Ozone NAAQS Cross-State Air Pollution Rule Proposal, November 2015. 18 EPA, Air Quality Modeling Technical Support Document for the Final Cross State Air Pollution Rule Update, August 2016.

13


Based on the methodology and parameters set for the given models, the data provided in Table 1

(above) provides conflicting conclusions as to what is considered a nonattainment or maintenance-

only receptor, as well as the varying level of contribution West Virginia is projected to have to a

downwind state, if any.

4.6. Clean Data Findings

Table 2 shows the design values for the nonattainment and/or maintenance receptors West Virginia

has been “linked” to in CSAPR Update.

Table 2

EPA’s Ozone Design Value Reports (ppm)

2013 to 2016

Monitor Site ID 2011-201319 2012-201420 2013-201521 2014-201622

Fairfield, CT 90019003 0.087 0.085 0.084 0.085

Fairfield, CT 90010017 0.083 0.082 0.081 0.080

Fairfield, CT 90013007 0.089 0.084 0.083 0.081

Harford, MD 240251001 0.085 0.075 0.071 0.073

Richmond, NY 360850067 0.078 0.073 0.074 0.076

Suffolk, NY 361030002 0.081 0.073 0.072 0.072

Hamilton, OH 390610006 0.081 0.075 0.070 0.072

Philadelphia, PA 421010024 0.080 0.075 0.073 0.077

Design values highlighted in green meet the 2008 ozone NAAQS.

19 2013 Ozone Design Value Report, Table 1a. Design Values in Areas Previously Designated Nonattainment for the 2008 8-Hour Ozone NAAQS. https://www.epa.gov/air-trends/air-quality-design-values#report. 20 2014 Ozone Design Value Report, Table 1a. Design Values in Areas Previously Designated Nonattainment for the 2008 8-Hour Ozone NAAQS. https://www.epa.gov/air-trends/air-quality-design-values#report. 21 2015 Ozone Design Value Report, Table 1a. Design Values in Areas Previously Designated Nonattainment for the 2008 8-Hour Ozone NAAQS. https://www.epa.gov/air-trends/air-quality-design-values#report. 22 2016 Ozone Design Value Report, Table 1a. Design Values in Areas Previously Designated Nonattainment for the 2008 8-Hour Ozone NAAQS. https://www.epa.gov/air-trends/air-quality-design-values#report.

https://www.epa.gov/air-trends/air-quality-design-values#report




14


All states to which West Virginia is “linked,” except for Ohio, are located in the Ozone Transport

Region (OTR).

On June 1, 2015 [80 FR 30941], EPA determined the Baltimore, MD moderate nonattainment area

attained the 2008 8-hour ozone NAAQS based on complete, quality-assured, and certified

monitoring data for the 2012-2014 monitoring period. The Harford, MD maintenance monitor

(Site ID 240251001), located in the Baltimore, MD moderate nonattainment area, was projected

to have West Virginia’s largest contribution to a nonattainment or maintenance receptor at 3.31

ppb (in CSAPR Update, August 2016 model).

In another clean data determination [82 FR 18268, 18 Apr 2017], EPA proposed to find the

Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE marginal nonattainment area attained the

2008 8-hour ozone NAAQS based on the 2013-2015 monitoring period data. The Philadelphia,

PA maintenance monitor (Site ID 421010024), which was projected to have West Virginia’s

second largest contribution to a nonattainment or maintenance receptor at 3.03 ppb (in CSAPR

Update, August 2016 model), is in the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE

marginal nonattainment area.

EPA is also proposing to determine the Washington, DC-MD-VA marginal ozone nonattainment

area attained the 2008 8-hour ozone NAAQS based on the 2013-2015 monitoring period. West

Virginia was not identified as contributing to any monitors in this area.

15


5.0. Contributions to “Link” Upwind State to Downwind Nonattainment

and Maintenance Receptors

The 4-step process, outlined below, was used to address the requirements of the “Good Neighbor”

provision for the 2008 ozone NAAQS:

Step 1

Step 1 involves identifying downwind receptors that are expected to have problems attaining or

maintaining clean air standards (i.e., NAAQS). To apply Steps 1 and 2, the EPA used air quality

modeling23 to project ozone concentrations at air quality monitoring sites in 2017. Due to the

limited modeling expertise at DEP, and being the best comprehensive modeling available at this

time, EPA’s modeling data for the CSAPR Update was used to further evaluate the potential impact

West Virginia may have to “linked” downwind nonattainment and maintenance receptors.

In the CSAPR Update [81 FR 74531, 26 Oct 2016], the EPA identified a nonattainment receptor

as a monitor that both currently measures nonattainment (i.e., 2013-2015 design values) and the

EPA projects will have a 2017 average design value that exceeds the NAAQS (i.e., 2017 average

design values of 76 ppb or greater). Maintenance-only receptors include both: (1) sites with

projected 2017 average design values above the NAAQS that are currently measuring clean data

(i.e., 2013-2015 design values) and (2) sites with projected 2017 average design values below the

level of the NAAQS, but with a projected 2017 maximum design value of 76 ppb or greater.24

23 EPA, Air Quality Modeling Technical Support Document for the Final Cross State Air Pollution Rule Update, August 2016, p. 1. 24 Id., p. 12.

16


Below, in Table 3, are the average and maximum 2009-2013 and 2017 base case 8-hour ozone

design values and 2013-2015 and 2014-2016 design values (ppb) at projected nonattainment sites

in the eastern U.S.25

Table 3

CSAPR Update

Projected Nonattainment Receptors in the Eastern U.S.

Monitor ID State County

Average

Design

Value

2009-

2013

Maximum

Design

Value

2009-

2013

Average

Design

Value

2017

Maximum

Design

Value

2017

2013-

2015

Design

Value

2014-

2016

Design

Value26

090019003 Connecticut Fairfield 83.7 87 76.5 79.5 84 85

090099002 Connecticut New Haven 85.7 89 76.2 79.2 78 76

480391004 Texas Brazoria 88.0 89 79.9 80.8 80 75

484392003 Texas Tarrant 87.3 90 77.3 79.7 76 73

484393009 Texas Tarrant 86.0 86 76.4 76.4 78 75

551170006 Wisconsin Sheboygan 84.3 87 76.2 78.7 77 79

*West Virginia “linked” to monitor highlighted in Red.

Average and maximum 2009-2013 and 2017 base case 8-hour ozone design values and 2013-2015

and 2014-2016 design values (ppb) at projected maintenance-only sites in the eastern U.S. are

provided below in Table 4.27

25 Id., p. 14. 26 2016 Ozone Design Value Report, https://www.epa.gov/air-trends/air-quality-design-values#report 27 Id., p. 15.


17


Table 4

CSAPR Update

Projected Maintenance-Only Receptors in the Eastern U.S.

Monitor ID State County

Average

Design

Value

2009-

2013

Maximum

Design

Value

2009-

2013

Average

Design

Value

2017

Maximum

Design

Value

2017

2013-

2015

Design

Value

2014-

2016

Design

Value28



211110067 Kentucky Jefferson 85.0 85 76.9 76.9 N/A* 74

240251001 Maryland Harford 90.0 93 78.8 81.4 71 73

260050003 Michigan Allegan 82.7 86 74.7 77.7 75 75

360850067 New York Richmond 81.3 83 75.8 77.4 74 76

361030002 New York Suffolk 83.3 85 76.8 78.4 72 72

390610006 Ohio Hamilton 82.0 85 74.6 77.4 70 72

421010024 Pennsylvania Philadelphia 83.3 87 73.6 76.9 73 77

481210034 Texas Denton 84.3 87 75.0 77.4 83 80

482010024 Texas Harris 80.3 83 75.4 77.9 79 79

482011034 Texas Harris 81.0 82 75.7 76.6 74 73

482011039 Texas Harris 82.0 84 76.9 78.8 69 67

*The 2013-2015 design value at this site is not valid due to incomplete data for 2013. There are valid 4th high measured concentrations for 2014

and 2015 and therefore the site may have valid design value data when the 2014-2016 data are complete. The 2014 4th high value at this site was

70 ppb and the 2015 4th high value at this site was 76 ppb. In addition, there is one other monitoring site in Jefferson County, KY which has a

valid 2013-2015 design value of 66 ppb. There is one other site in the Louisville CBSA which has a slightly higher 2013-2015 design value of 68

ppb (site 211850004 in Oldham County, KY). Since there are no valid design value data that indicate that the Jefferson County receptor or any

other monitoring site in Jefferson County or the Louisville metropolitan area is currently exceeding the 2008 NAAQS, for the purposes of this

final rule, the Jefferson County, KY receptor will be considered a maintenance receptor.

**West Virginia “linked” to monitor highlighted in Red.

The EPA projected, in the CSAPR Update modeling, six (6) sites to be nonattainment receptors

and 13 sites to be maintenance receptors in 2017.

Step 2

Step 2 involves determining which upwind states contribute to identified problem areas in amounts

sufficient to “link” them to the downwind air quality problems.

28 2016 Ozone Design Value Report, https://www.epa.gov/air-trends/air-quality-design-values#report


18


Based on the SIL for further evaluation of 1% of the NAAQS (i.e., >0.75 ppb) in the CSAPR

Update, West Virginia’s largest identified contribution to downwind 8-hour ozone nonattainment

and maintenance receptors were 1.04 ppb and 3.31 ppb, respectively. West Virginia was “linked”

to one (1) downwind 2017 nonattainment receptor [81 FR 74538, 26 Oct 2016] and seven (7)

maintenance receptors [81 FR 74539, 26 Oct 2016].

Step 3

In Step 3, for states that are “linked” to downwind air quality problems, it is necessary to identify

upwind emissions that significantly contribute to downwind nonattainment or interfere with

downwind maintenance of a standard.

To reduce interstate emission transport under the authority provided in CAA section

110(a)(2)(D)(i)(I), the CSAPR Update further limits ozone season (May 1 through September 30)

NOx emissions from EGUs in 22 eastern states using the same framework used by the EPA in

developing the original CSAPR. To apply the third step, the EPA quantified emission budgets that

limit allowable emissions and represent the emission levels that remain after each state makes

EGU NOx emission reductions that are necessary to reduce interstate ozone transport for the 2008

ozone NAAQS. West Virginia’s final 2017 EGU NOx ozone season emission budget for CSAPR

Update is 17,815 tons, with a variability limit of 3,741 tons, for an assurance level of 21,566 tons

[81 FR 74567, 26 Oct 2016].

Step 4

In Step 4, for states that are found to have emissions that significantly contribute to nonattainment

or interfere with maintenance of the NAAQS downwind, implement means, via regional emission

allowance trading programs, to reduce the identified upwind emissions.

19


6.0. Control Measures

6.1. Federal/State Programs

6.1.a. Acid Rain Program (ARP)

The ARP, which began in 1995, covers fossil fuel fired power plants across the contiguous U.S.

and is designed to reduce sulfur dioxide (SO2) and NOx emissions, the primary precursors of acid

rain. The ARP’s market-based SO2 cap and trade program sets an annual cap on the total amount

of SO2 that may be emitted by EGUs. The final annual SO2 emissions cap was set at 8.95 million

tons in 2010, a level of about one-half of the emissions from the power sector in 1980. NOx

reductions under the ARP are achieved through a rate-based approach that applied to a subset of

coal-fired EGUs.29

West Virginia implements the ARP through 45CSR33 – Acid Rain Provisions and Permits, which

incorporated by reference the Clean Air Act Title IV Acid Rain Program as part of the state’s Title

V requirements, which were approved on December 15, 1995 with the interim approval of the

state’s Title V program.

6.1.b. NOx SIP Call

In October 1998, EPA finalized the “Finding of Significant Contribution and Rulemaking for

Certain States in the Ozone Transport Assessment Group Region for Purposes of Reducing

Regional Transport of Ozone”— commonly called the NOx SIP Call. The NOx SIP Call was

designed to mitigate significant transport of NOx. The NOx Budget Trading Program (NBP) was

a cap and trade program created to reduce the regional transport of NOx emissions from power

29 https://www3.epa.gov/airmarkets/progress/reports/pdfs/2015_full_report.pdf. EPA, 2015 Program Progress – Cross-State Air Pollution Rule and Acid Rain Program, p. 7.

https://www3.epa.gov/airmarkets/progress/reports/pdfs/2015_full_report.pdf

20


plants and other large combustion sources in the eastern U.S. The NBP began in 2003 and was

designed to reduce NOx emissions during the warm summer months (i.e., ozone season), when

ground-level ozone concentrations are highest. The NBP was a central component of the NOx SIP

Call, which was implemented from 2003 to 2008.30

West Virginia implemented the NOx SIP call through the adoption of 45CSR1 – NOx Budget

Trading Program as a Means of Control and Reduction of Nitrogen Oxides from Non-Electric

Generating Units (Rule 1) and 45CSR26 – NOx Budget Trading Program as a Means of Control

and Reduction of Nitrogen Oxides from Electric Generating Units (Rule 26). Both rules were

approved as a revision to the SIP in 2002 [67 FR 31733], and were subsequently repealed in 2009

when replaced with the Clean Air Interstate Rule (CAIR). EPA approved the repeal of 45CSR1

and 45CSR26 [75 FR 6305] effective February 9, 2010, as a revision to the SIP.

6.1.c. CAIR

Beginning in 2009, the NBP was effectively replaced by the ozone season NOx program under the

CAIR, which required further summertime NOx reductions from the power sector. EPA’s CAIR

addressed regional interstate transport of soot (fine particulate matter) and smog (ozone). CAIR

required 28 eastern states to make reductions in SO2 and NOx emissions that contribute to

unhealthy levels of fine particle and ozone pollution in downwind states. CAIR was replaced by

CSAPR as of January 1, 2015.31

30 https://www.epa.gov/airmarkets/nox-budget-trading-program 31https://archive.epa.gov/airmarkets/programs/cair/web/html/index.html

https://archive.epa.gov/airmarkets/programs/cair/web/html/index.html

21


West Virginia implemented the CAIR through the adoption of three (3) state rules, which were

approved as revisions to the SIP [74 FR 38536, effective 04 Aug 2009]:

• 45CSR39 – Control of Annual Nitrogen Oxide Emissions to Mitigate Interstate Transport

of Fine Particulate Matter and Nitrogen Oxides;

• 45CSR40 – Control of Ozone Season Nitrogen Oxide Emissions to Mitigate Interstate

Transport of Fine Particulate Matter and Nitrogen Oxides; and

• 45CSR41 – Control of Annual Sulfur Dioxide Emissions to Mitigate Interstate Transport

of Fine Particulate Matter and Sulfur Dioxide.

These rules were subsequently repealed, with the exception of a portion of 45CSR40 dealing with

non-EGUs, effective July 1, 2016, due to the replacement of the CAIR program with the federal

CSAPR. The CSAPR became effective January 1, 2015, as set forth in an October 23, 2014

decision by the U.S. Court of Appeals for the D.C. Circuit.

6.2. Federal Programs

6.2.a. CSAPR

On July 6, 2011, the EPA finalized the CSAPR, limiting the interstate transport of emissions of

NOx and SO2 that contribute to harmful levels of fine particle matter (PM2.5) and ozone in

downwind states. The CSAPR requires 28 states in the eastern U.S. to reduce SO2, annual NOx

and ozone season NOx emissions from fossil fuel-fired power plants that affect the ability of

downwind states to attain and maintain compliance with the 1997 and 2006 PM2.5 NAAQS and the

1997 ozone NAAQS.

22


The CSAPR achieves these reductions through emissions trading programs, with Phase 1

beginning in January 2015 for the annual programs and May 2015 for the ozone season program.

Phase 2 began in January 2017 for the annual programs and May 2017 for the ozone season

program.

The total emissions allowed in each compliance period under CSAPR equals the sum of the

affected state emission budgets in the program. The budget for each program in 2015 was:

• SO2 Group 1 – 2.55 million tons

• SO2 Group 2 – 917,787 tons

• Annual NOx – 1.27 million tons

• Ozone Season NOx – 628,392 tons32

6.2.b. CSAPR Update

On September 7, 2016, the EPA revised the CSAPR ozone season NOx emission program by

finalizing the CSAPR Update for the 2008 ozone NAAQS.33 Starting in May 2017, the CSAPR

Update will reduce summertime (May - September) NOx emissions from power plants in 22

states in the eastern U.S. The CSAPR Update will reduce air quality impacts of ozone pollution

that crosses state lines and will help downwind areas meet and maintain the 2008 ozone air

quality standard.34 The combined state emission budgets in the CSAPR Update equals 316,464

tons of ozone season NOx emissions in 2017 and 313,626 tons of emissions for 2018 and later

32 https://www3.epa.gov/airmarkets/progress/reports/pdfs/2015_full_report.pdf. EPA, 2015 Program Progress – Cross-State Air Pollution Rule and Acid Rain Program, p. 8. 33 https://www.epa.gov/csapr/cross-state-air-pollution-rule-csapr-regulatory-actions-and-litigation 34 https://www.epa.gov/airmarkets/final-cross-state-air-pollution-rule-update


23


years.35 The Final 2017 EGU NOx ozone season emission budget for West Virginia is 17,815

tons [81 FR 74508, 26 Oct 2016], which is a reduction of 7,468 tons (29.5%) and 5,476 tons

(23.5%), respectively, of the budgeted amounts, in CSAPR, of 25,283 tons for 2012-2013 and

23,291 tons for 2014 and beyond [76 FR 48263, 08 Aug 2011].

6.2.c. 2007 Heavy-Duty Highway Rule (40 CFR Part 86, Subpart P)

In this regulation, EPA set a particulate matter (PM) emission standard for new heavy-duty engines

of 0.01 g/bhp-hr, which took effect for diesel engines in the 2007 model year. This rule also

included standards for NOx and non-methane hydrocarbons (NMHC) of 0.20 g/bhp-hr and 0.14

g/bhp-hr, respectively. The diesel engine NOx and NMHC standards were successfully phased in

together between 2007 and 2010. The rule also required that sulfur in diesel fuel be reduced to

facilitate the use of modern pollution control technology on these trucks and buses. The EPA

required a 97 percent reduction in the sulfur content of highway diesel fuel – from levels of 500

ppm (low sulfur diesel) to 15 ppm (ultra-low sulfur diesel). These requirements were successfully

implemented on the timeline in the regulation.

6.2.d. Tier 2 Vehicle and Gasoline Sulfur Program (40 CFR Part 80, Subpart H; 40 CFR

Part 85, 40 CFR Part 86)

The EPA’s Tier 2 fleet averaging program for on-road vehicles, modeled after the California LEV

II standards became effective in the 2005 model year. The Tier 2 program allows manufacturers

to produce vehicles with emissions ranging from relatively dirty to very clean, but the mix of

vehicles a manufacturer sells each year must have average NOx emissions below a specified value.

35 https://www3.epa.gov/airmarkets/progress/reports/pdfs/2015_full_report.pdf. EPA, 2015 Program Progress – Cross-State Air Pollution Rule and Acid Rain Program, p. 8.


24


Mobile emissions continue to benefit from this program as motorists replace older, more polluting

vehicles with cleaner vehicles.

6.2.e. Nonroad Diesel Emissions Program (40 CFR Part 89)

The EPA adopted standards for emissions of NOx, hydrocarbons, and carbon monoxide (CO) from

several groups of non-road engines, including industrial spark-ignition engines and recreational

non-road vehicles. Industrial spark-ignition engines power commercial and industrial applications

and include forklifts, electric generators, airport baggage transport vehicles, and a variety of farm

and construction applications. Non-road recreational vehicles include snowmobiles, off-highway

motorcycles, and all-terrain vehicles. These rules were initially effective in 2004 and were fully

phased in by 2012.

The non-road diesel rule sets standards that reduced emissions by more than 90 percent from non-

road diesel equipment.

6.3. State Programs

6.3.a. New Source Review (NSR) Permit Program

CAA section 172(c)(5) requires a permit program consistent with the requirements of section 173.

On June 13, 1984, West Virginia requested that the EPA approve rule 45CSR14 – Permits for the

Construction and Major Modification of Major Stationary Sources of Air Pollution for the

Prevention of Significant Deterioration, as a revision to the SIP. The EPA approved PSD SIP

revisions in 1986 [51 FR 12517], 1993 [58 FR 34526], 1996 [61 FR 54734], 2006 [71 FR 64470],

2011 [76 FR 30832], 2012 [77 FR 63736], 2013 [78 FR 27062], 2015 [80 FR 36483], and 2016

[81 FR 53008]. The EPA fully approved, in its entirety, West Virginia’s PSD regulations in

25


45CSR14. On June 7, 2017, West Virginia submitted to the EPA a SIP revision which included

updates to 45CSR14, effective June 1, 2017.

West Virginia has also had as part of its SIP since 1972, 45CSR13 – Permits for Construction,

Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification

Requirements, Administrative Updates, Temporary Permits, General Permits, Permission to

Commence Construction, and Procedures for Evaluation. 45CSR13 sets 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, to modify a non-major stationary source,

to make modifications which are not major modifications to an existing major stationary source,

to relocate non-major stationary sources within the state of West Virginia, and to set forth

procedures to allow facilities to commence construction in advance of permit issuance. Such

construction, modification, relocation, and operation without a required permit is a violation of

this rule. This rule also establishes the requirements for obtaining an administrative update to an

existing permit, a temporary permit, or a general permit registration, and for filing notifications

and maintaining records of changes not otherwise subject to the permit requirements of this rule.

This rule does not apply to non-road engines, non-road vehicles, motor vehicles, or other emission

sources regulated under Subchapter II of the CAA; however, the Secretary may regulate such

sources pursuant to another rule promulgated for that purpose. The EPA last approved 45CSR13

as a SIP revision effective August 20, 2014 [79 FR 42212]. West Virginia submitted the current

version of 45CSR13, effective June 1, 2017, to the EPA as a revision to its SIP on June 7, 2017.

West Virginia has a nonattainment NSR program under 45CSR19 – Permits for Construction and

Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment

Areas, with an effective date of June 1, 2014. West Virginia submitted a revision to its SIP on

26


July 1, 2014. EPA approved the SIP revision with the latest version of 45CSR19, effective June

25, 2015 [80 FR 29972]. West Virginia has had a SIP approved nonattainment NSR program

under 45CSR19 since EPA first approved the SIP, effective August 1, 1985 [50 FR 27247].

Presently any major sources wishing to construct or make a major modification within the West

Virginia portion of a nonattainment area are required to obtain a NSR Permit in accordance with

45CSR19. An engineering evaluation and analysis of information pertaining to the source will be

performed prior to issuance of any permit. The PSD program requires that a modeling

demonstration be performed to ensure ongoing NAAQS compliance. These, along with

requirements of the minor source permit program covered under 45CSR13 and the compliance and

enforcement program, address and assure the maintenance of the NAAQS. 45CSR13, 45CSR14,

and 45CSR19 in aggregate address any new or significantly modified stationary source.

6.3.b. New Source Performance Standards (40 CFR Part 60)

Section 111 of the CAA authorizes the EPA to develop technology based standards which apply

to specific categories of stationary sources. These standards are referred to as New Source

Performance Standards (NSPS) and are found in 40 CFR Part 60. The NSPS apply to new,

modified and reconstructed affected facilities in specific source categories such as EGUs,

industrial-commercial-institutional steam generating units (boilers), manufacturers of glass,

cement, rubber tires and wool fiberglass.

West Virginia implements the NSPS program through the adoption of 45CSR16 – Standards of

Performance for New Stationary Sources, which incorporates by reference federal NSPS (40 CFR

Part 60), with limited exceptions. This is a delegated program for which EPA first delegated

authority to the state on December 14, 1984 [49 FR 48692]. West Virginia has submitted annual

27


versions of 45CSR16 to EPA and has received automatic delegation to enforce the NSPS. The

last effective date of 45CSR16 is June 1, 2017.

6.3.c. Solid Waste Incineration Rules (40 CFR Part 60)

6.3.c.1. Commercial and Industrial Solid Waste Incinerators (CISWI)

Section 129 of the CAA directs the Administrator to develop regulations under section 111 of the

Act limiting emissions of nine (9) air pollutants, including NOx, from four (4) categories of solid

waste incineration units: municipal solid waste; hospital, medical and infectious solid waste;

commercial and industrial solid waste; and other solid waste.

EPA promulgated the NSPS and emission guidelines (EG) to reduce air pollution from commercial

and industrial solid waste incineration (CISWI) units, for Subparts CCCC and DDDD on

December 1, 2000. Those standards and guidelines applied to incinerators used by commercial

and industrial facilities to burn non-hazardous solid waste. The NSPS and EG were designed to

substantially reduce emissions of harmful air pollutants such as lead, cadmium, mercury, and

dioxins/furans, which are known or suspected to cause adverse health and environmental effects.

On March 21, 2011, EPA promulgated the revised NSPS and EG to address voluntary remand that

was granted in 2001 and the vacatur of the CISWI definition rule in 2007. In addition, the revised

standards accounted for the 5-year technology review of the NSPS and EG required under Section

129. Following promulgation of the 2011 CISWI rule, EPA received petitions for reconsideration

requesting numerous provisions in the 2011 CISWI rule. EPA granted reconsiderations on specific

issues and promulgated CISWI reconsideration rule on February 7, 2013. Subsequently, EPA

received petitions to further reconsider certain provisions of the 2013 NSPS and EG for CISWI

28


units. On January 21, 2015, EPA granted reconsideration on four (4) specific issues and finalized

the reconsideration of the CISWI NSPS and EG on June 2, 2016.

6.3.c.2. Hospital, Medical, Infectious Waste Incinerators (HMIWI)

Section 129 of the CAA, titled, “Solid Waste Combustion,” requires the EPA to develop and adopt

standards for solid waste incineration units pursuant to CAA sections 111 and 129. EPA

promulgated NSPS, EG, and FIP for HMIWI. The rule set limits for nine (9) pollutants, including

NOx.

West Virginia implements the CSIWI and HMIWI through the adoption of 45CSR18 – Control of

Air Pollution from Combustion of Solid Waste. 45CSR18 is a NSPS delegation rule, which also

requires CAA sections 111(d) and 129 plan approvals. This rule was first approved effective June

10, 2003 [68 FR 17738], with the latest SIP revision submitted to EPA for approval on November

21, 2016.

6.3.d. Maximum Achievable Control Technology (MACT) Program (40 CFR Part 63)

The first National Emission Standards for Hazardous Air Pollutants (NESHAPs) were originally

required by the 1970 CAA. These standards were developed for sources and source categories

that were determined to pose adverse risk to human health by the emission of HAPs. The EPA

Administrator was directed to set the standard “at the level which in his judgment provides an

ample margin of safety to protect the public health from such hazardous air pollutants”. These

risk-based NESHAPs are in 40 CFR 61 and incorporated by reference in 45CSR34. The

NESHAPs applies to all existing and new/modified sources.

29


Congress directed EPA to develop a program to further the regulation of HAPs in section 112 of

the 1990 Clean Air Act Amendments (CAAA). While the standards for major sources of HAPs

developed per this section are also designated as NESHAPs, they are established in accordance

with MACT requirements. MACT is a technology-based standard, as opposed to the original

conception of NESHAPs as a risk-based standard. These technology-based NESHAPs are located

at 40 CFR 63 and incorporated by reference in 45CSR34. The last effective date of 45CSR34 is

June 1, 2017.

West Virginia implements the MACT rules through the adoption of 45CSR34 – Emission

Standards for Hazardous Air Pollutants, which incorporates by reference federal NESHAPs for

source categories as set forth in 40 CFR Parts 61 and 63. This is a delegated program for which

the state received partial delegation effective March 19, 2001 and full delegation effective June 3,

2002.

7.0. Weight of Evidence

7.1. West Virginia Emissions

The National Emissions Inventory (NEI) is a comprehensive and detailed estimate of air emissions

of criteria pollutants, criteria precursors, and hazardous air pollutants from air emissions sources.

The NEI is released every three (3) years (i.e., 2008, 2011, 2014 . . .) based primarily upon data

provided by State, Local, and Tribal (SLT) air agencies for point, non-point, and mobile sources

in their jurisdictions and supplemented by data developed by the EPA. The NEI is built using the

Emissions Inventory System (EIS) first to collect the data from SLT air agencies and then to blend

that data with other data sources.

30


The EPA also maintains a database of current emissions trends data, which includes annual data

estimates for TIER 1 Categories for 1990 through 2016. Off year trends data, such as 2015 and

2016, are estimated by the EPA and are not based on actual SLT submitted data for those years.

The 2014, 2015, and 2016 NOx emissions provided below in Table 5 were last updated on

September 19, 2017 from the NEI Air Pollutant Emissions Trends Data website.36 The

methodology for estimating emissions is continually changing with the advancement of knowledge

regarding emissions from sources and revisions to the EPA’s emission estimating tools. West

Virginia reviewed this data for potential errors and updated emission calculations. West Virginia

determined that the 2014 emissions and the 2015 and 2016 projections for the Petroleum and

Related Industry category were overestimated due to the use of the 2014 NEI Version 1 as the

basis. Therefore, West Virginia updated the data for 2014, 2015 and 2016 in Table 5 for the

Petroleum and Related Industry category, as described below and in Appendix A.

At the time of this proposal (November 2011), the EPA has not finalized Version 2 of the 2014

NEI. Therefore, the Version 1 data set was used as the basis for projections in the EPA’s NEI

trends data.

West Virginia utilizes the EPA’s various emission estimating tools, such as the Oil and Gas Tool.

For the 2014 NEI Version 1 submittal, West Virginia used the beta version of the Oil and Gas Tool

to estimate the non-point Oil and Gas production and exploration activity emissions. After the

Version 1 submittal, the EPA’s software contractor made numerous tool corrections,

improvements, and enhancements. This revision (2.1) to the Oil and Gas Tool incorporates the

36 EPA, Air Pollutant Emissions Trends Data, https://www.epa.gov/air-emissions-inventories/air-pollutant-emissions-trends-data

https://www.epa.gov/air-emissions-inventories/air-pollutant-emissions-trends-data

https://www.epa.gov/air-emissions-inventories/air-pollutant-emissions-trends-data

31


current and most accurate data and assumptions available. A list of Oil and Gas Tool production

and exploration revisions are presented in Appendix A.

In May 2017, West Virginia re-submitted the 2014 Oil and Gas emissions for the NEI Version 2

using the previous beta version’s activity data and the Oil and Gas Tool, Version 2.1. The 2014

NEI Version 2 NOx emissions estimates were significantly reduced as compared to the NEI

Version 1 submittal and are more consistent with the 2011 Oil and Gas NOx emissions when

considering changes in production and exploration. Version 2.1 of the Tool was also used to

estimate 2015 and 2016 NOx emissions using actual 2015 and 2016 West Virginia production and

exploration activity data. In addition, point source Oil and Gas sources are inventoried annually

by the West Virginia DAQ. These actual point source emissions for 2014, 2015, and 2016 and the

non-point Oil and Gas NOx emissions estimated by the Tool were summed for each year to

represent the total Petroleum & Related Industry NOx emissions.

NOx emissions were revised to: 25,885 tons (2014); 25,953 tons (2015); and 28,046 tons (2016).

These revisions are reflected in the Petroleum & Related Industry projections in Table 5. Point

and non-point emission source’s NOx emissions per SCC are shown in Appendix A.

32


Table 5

West Virginia

Tier 1 Criteria Pollutant: NOx

TIER 1 CATEGORY NOx

Emissions (x 1,000 tons)

2008 2011 2014 2015 2016

Fuel Comb. Elec. Util. 99.373 54.289 70.695 58.729 43.695

Fuel Comb. Industrial 19.261 16.592 15.721 15.721 15.721

Fuel Comb. Other 8.706 8.661 7.749 7.749 7.749

Chemical & Allied Product Mfg. 0.836 0.402 0.310 0.310 0.310

Metals Processing 1.432 1.806 1.842 1.842 1.842

Petroleum & Related Industries 0.690 22.041 25.885* 25.953* 28.046*

Other Industrial Processes 7.739 2.464 2.403 2.403 2.403

Solvent Utilization 0.000 0.000 0.000 0.000 0.000

Storage & Transport 0.002 0.004 0.004 0.004 0.004

Waste Disposal & Recycling 1.162 1.152 0.796 0.796 0.796

Highway Vehicles 51.846 41.879 26.253 25.141 24.028

Off-Highway 22.442 22.397 20.606 19.505 18.405

Miscellaneous 0.008 0.027 0.003 0.003 0.003

Wildfires 0.188 0.516 1.146 1.146 1.146

Prescribed Fired 1.537 0.752 0.819 0.819 0.819

Totals 215.222 172.982 174.232 160.121 144.967 *NOx emissions (x 1,000 tons) from DAQ based on actual production, exploration, and point sources.

7.2. EGU and Non-EGU Emission Reductions

NOx emissions have declined dramatically under the ARP, NOx Budget Trading Program (NBP),

CAIR, and CSAPR program; with majority of the reductions coming from coal-fired units. These

reductions have occurred while electricity demand (measured as heat input) remained relatively

stable, indicating that the emission reductions were not driven by decreased electric generation.

These emission reductions are a result of an overall increase in the efficiency at affected sources

as power generators installed controls, ran their controls year-round, switched to lower emitting

fuels, or otherwise reduced their NOx emissions while meeting relatively steady electric demand.37

37 https://www3.epa.gov/airmarkets/progress/reports/pdfs/index.html, EPA, 2015 Program Progress – Cross-State Air Pollution Rule and Acid Rain Program, p. 23.

https://www3.epa.gov/airmarkets/progress/reports/pdfs/index.html

33


Since 1997, power plants affected by these programs, along with other regional and state NOx

emission control programs, have cut ozone season NOx emissions by over 75 percent, a reduction

of almost 2 million tons. During the 2000 to 2015 time-period, average ozone concentrations

across the U.S. have fallen by approximately 17 percent.38 West Virginia ozone season NOx

emissions have decreased 85 percent from 1997 – 2017.39

On October 26, 2016, EPA published the CSAPR Update Rule [81 FR 74504] to address interstate

transport of ozone pollution with respect to the 2008 ozone NAAQS, requiring additional cost-

effective NOx reductions from EGUs beginning with the 2017 ozone season. The ozone season

NOx budgets were established to assist states in meeting the 2018 deadline for compliance with

the 2008 ozone NAAQS. EPA estimated that the CSAPR Update and other changes already

underway in the power sector will cut ozone season NOx emissions from power plants in the

eastern U.S. by 20 percent; a reduction of 80,000 tons in 2017 compared to 2015 levels.40 West

Virginia is subject to the CSAPR Update FIP, and expects additional reductions in NOx emissions

as the FIP is implemented. West Virginia’s final 2017 EGU NOx ozone season emission budget

for the CSAPR Update is 17,815 tons, with a variability limit of 3, 741 tons, for an assurance level

of 21,556 tons [81 FR 74567, 26 Oct 2016]. Preliminary data reported to EPA’s Clean Air Market

Division shows West Virginia’s 2017 ozone season emissions were 18,187 tons, which is below

the CSAPR assurance level for West Virginia.

38 Fact Sheet Final Cross-State Air Pollution Rule Update for the 2008 NAAQS, p.2. https://www3.epa.gov/airmarkets/CSAPRU/FINAL_FinalCSAPRUR_Factsheet.pdf 39 https://ampd.epa.gov/ampd/. EPA Air Markets Program Data 40 Fact Sheet Final Cross-State Air Pollution Rule Update for the 2008 NAAQS, p.2. https://www3.epa.gov/airmarkets/CSAPRU/FINAL_FinalCSAPRUR_Factsheet.pdf

https://www3.epa.gov/airmarkets/CSAPRU/FINAL_FinalCSAPRUR_Factsheet.pdf

https://ampd.epa.gov/ampd/

https://www3.epa.gov/airmarkets/CSAPRU/FINAL_FinalCSAPRUR_Factsheet.pdf

34


There are 36 EGUs located in West Virginia:

a. 12 coal-fired EGUs equipped with SCR, all of which have permitted NOx limits or

consent order NOx limits of 0.25 lb/MMBtu or less (see Appendix B);

b. 2 coal-fired EGUs equipped with SNCR-trim;

c. 4 CFB units equipped with SNCR; and,

d. 20 natural gas-fired simple cycle peaking units.

As shown in Charts 1 and 2, the three rules which have been implemented (i.e., NOx SIP Call,

CAIR, and CSAPR) have resulted in significant ozone season NOx reductions from subject sources

in West Virginia, including EGUs (80% since 2000) and non-EGUs41 (87% since 2003).

Documentation regarding permanent retirement of EGUs, as of June 1, 2015, is also provided in

Appendix B.

41 Non-EGUs that report to CAMD are industrial boilers with a heat input rate at >250 MMBtu/hr.

35


Chart 1

West Virginia Ozone Season EGU NOx Emissions

2000-2017*

Data source: https://ampd.epa.gov/ampd/

*Preliminary data, as of 10/26/2017, was used for 2017. All sources reported ozone season data.

Chart 2

West Virginia Ozone Season non-EGU NOx Emissions

(as reported to CAMD)

2003-2017*

Data source: https://ampd.epa.gov/ampd/

*Preliminary data, as of 10/26/2017, was used for 2017. All sources reported ozone season data.



36


The Final Technical Support Document (TSD)42 for the CSAPR Update Rule focused on emissions

and control measures for sources of NOx other than EGUs. The information provided more detail

about why EGUs are the focus of the CSAPR Update Rule, namely the uncertainty regarding

whether significant non-EGU source NOx emissions were achievable by the 2017 ozone season.

The TSD evaluated whether non-EGU emissions could be reduced in a cost-effective manner for

specific categories, assessed available NOx emission reductions from such categories, and

presented the category-by-category emissions reduction potential. The NOx emissions reduction

EPA recommended, from the Control Strategy Tool (CoST), for West Virginia was 793 tons/O3

season for sources in the greater than (>) 100 tons per year reduction group and 334 tons/O3 season

for sources in the 25 to 100 tons per year reduction group. Reviewing (a portion of) the > 100

tons per year reduction group for West Virginia, DAQ identified emission reductions of 1,036.2

tons/O3 season from 2011 to 2017 from either process or facility shutdowns. A summary of the

emissions by source categories are provided below in Table 6.

42 EPA, Assessment of Non-EGU NOx Emission Controls, Cost of Controls, and Time for Compliance Final TSD, August 2016.

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Table 6

West Virginia

Non-EGU Sources in the > 100 Tons Per Year Reduction Group

SOURCES Total 2011 NOx

Emissions (tons)

Total 2016 NOx

Emissions (tons)

Boilers & Process Heaters 1,080.82 924.15

By-Product Coke Manufacturing 681.32 504.203

Coal Cleaning – Thermal Dryer 150.88 109.75

Gas Turbines 277.05 178.15

ICI Boilers 5,043.18 3,753.68

Incinerators 103.58 67.65

Natural Gas RICE Miscellaneous 6,283.30 3,647.07

Natural Gas RICE Pipeline Compressors, Lean

Burn/Clean Burn

6,772.89 4,607.78

Natural Gas RICE Pipeline Compressors, Rich Burn 363.93 37.91

Cement Kilns 1,494.50 952.50

TOTAL (tons/year) 22,251.45 14,782.84

Emission Reduction (tons) Due to Process

Shutdowns

975.12 annual / 406.3 O3 season

Emission Reduction (tons) Due to Process

Shutdowns in 2017

1,383.571 annual / 562.2 O3 season

Emission Reduction (tons) Due to Facility

Shutdowns


Emission Reduction (tons) Due to Facility No

Longer Covered Under Title V


1The process that shutdown in 2017 had reported emissions of 1,549.13 ton/year in 2011 and 1,318.6 tons/year in

2016. The 2017 permitted NOx emission limit is 55.19 tons/year for new Boilers 16, 17, and 18 (each) and 17.17

tons/year for new Boiler 19 and 20 (each). The annual reduction in emissions from 2011 (actuals) to 2017

(potential) is 1,349.23 tons. 2The emission reductions for facilities identified as no longer being Title V Facilities was not included in the 1036.2

tons of ozone season NOx reductions. 3Zero (0) emissions were reported in the CoST tool due to an unidentified SCC used. Actual emissions from

Mountain State Carbon, LLC are reported from WV SLEIS.

The emission reductions attributed to facility process shutdowns, facility shutdowns, and facilities

no longer covered under Title V are summarized in Appendix C. Also, provided in Appendix C

is documentation to support the process and/or facility shutdowns from 2011 to 2017.

To calculate NOx emission reductions during the ozone season, which is five (5) months out of a

year (May – September), it was assumed 5/12 of the reported emission reductions were during

38


ozone season. EPA was recommending a NOx reduction of 793 tons/year for > 100 tons per year

reduction group. West Virginia’s total estimated reduction, for a portion of this group, was 1,036.2

tons/O3 season. This includes: 406.3 tons and 67.7 tons for process and facility shutdowns in 2016,

respectively, and another 562.2 tons attributed to a process being shut down in 2017.

As stated above, the EPA’s analysis in the Final TSD for the CSAPR Update Rule recommended

NOx emission reductions of 793 tons/O3 season for West Virginia sources in the >100 tons/year

reduction group, and additional reductions of 334 tons/O3 season for West Virginia sources in the

25 to 100 ton/year reduction group, for total recommended NOx reductions of 1,127 tons/O3

season. West Virginia has identified 1,036.2 tons/O3 season of NOx reductions as the result of

process and facility shutdowns, and an additional 291.5 tons/O3 season due to facilities reducing

emissions to below Title V thresholds, for a total of 1,327.7 tons of NOx reductions. The identified

NOx reductions of 1,327.7 tons are greater than the recommended reductions of 1,127 tons;

therefore, West Virginia has demonstrated that all reasonable measures are being taken to reduce

NOx emissions.

8.0. Conclusion

CAA section 110(a)(2)(D)(i)(I) prohibits emissions, from states, that will contribute significantly

to nonattainment or interfere with maintenance in any other state with respect to any primary or

secondary NAAQS. However, “EPA does not view the obligation under the good neighbor

provision as a requirement for upwind states to bear all of the burden for resolving downwind air

quality problems. Rather, it is an obligation that upwind and downwind states share responsibility

for addressing air quality problems. If, after implementation of reasonable emissions reductions

by an upwind state, a downwind air quality problem persists, whether due to international

39


emissions or emissions originating within the downwind state, the EPA can relieve the upwind

state of the obligation to make additional reductions to address that air quality problem. But the

statue does not absolve the upwind state of the obligation to make reasonable reductions in the

first instance” [81 FR 74536, 26 Oct 2016]. All measures, which have been identified as

economically and technically feasible by today’s standards, need to be implemented by all states

to address the air quality problem.

West Virginia is subject to the CSAPR Update FIP which was “promulgated partially address the

EPA’s outstanding CAA obligations to prohibit interstate transport of air pollution which will

contribute significantly to nonattainment in, or interfere with maintenance by, any other state with

respect to the 2008 ozone NAAQS”.43 The CSAPR Update addresses West Virginia’s EGU

obligations under the Good Neighbor provisions.

West Virginia has identified permanent non-EGU NOx emissions reductions of 1,327.7 tons

resulting from facility and process shutdowns, and reductions due to synthetic minor permit

limitations. West Virginia’s permitting program requires the construction or modification of a

source with the potential to emit more than 6 pounds per hour and 10 tons per year, or greater than

144 pounds per calendar day, of a regulated pollutant which includes NOx, to obtain a permit under

state rule 45CSR13 (minor source NSR). 45CSR13 §5.7 requires the Secretary to consider whether

the “proposed construction, modification, registration or relocation will violate applicable

emission standards, will interfere with attainment or maintenance of an applicable ambient air

quality standard, cause or contribute to a violation of an applicable air quality increment, or be

inconsistent with the intent and purpose of this rule or W. Va. Code § 22-5-1, et seq., in which

43 81 FR 74506, 26 OCT 2016.

40


case the Secretary shall issue an order denying such construction, modification, relocation and

operation”. 45CSR13 is the mechanism under which NSPS, NESHAPs, including MACT

standards, are applied to a given minor source. Reductions from existing sources subject to NSPS

and NESHAP are assumed to be equivalent to RACT/RACM (reasonably available control

technology/reasonably available control measures).

The construction or modification of a major source requires a permit under state rules 45CSR14

(PSD) and/or 45CSR19 (non-attainment NSR). 45CSR14 requires the application of BACT (best

available control technology) and 45CSR19 requires the application of LAER (lowest achievable

emission rate), which are both more stringent than RACT/RACM.

The State of West Virginia is requesting the EPA approve the West Virginia Demonstration of

Compliance with the Good Neighbor Requirements of Clean Air Act Section 110(a)(2)(D)(i)(I) for

the 2008 Ozone National Ambient Air Quality Standard as a revision to the SIP to address the

CAA section 110(a)(2)(D)(i)(I) requirements, and as demonstrating that all measures, which have

been identified as economically and technically feasible, have been implemented by West

Virginia.

Documents

West Virginia Demonstration of Compliance with the … O3...iv WV 2008 Ozone Transport SIP List of Appendices ... SIP elements such as requirements for monitoring, basic program requirements