On March 10, 2017, EPA acknowledged in the Federal Register that last October it delegated its authority to West Virginia to implement and enforce National Emissions Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS) that had been updated since the previously approved delegation. This latest delegation came after last year’s rule package included incorporating by reference federal NESHAP and NSPS modifications by EPA now found in 45 CSR 34—‘‘Emission Standards for Hazardous Air Pollutants,’’ and 45 CSR 16—‘‘Standards of Performance for New Stationary Sources.’’ Those revised Rules became effective on July 1, 2016.

As part of its annual rules package, WVDEP asked the legislature to approve the following proposed rules changes affecting state air quality:

45CSR1 – Alternative Emission Limitations During Startup, Shutdown and Maintenance (SSM) Operations: This proposed rule sets forth the criteria for establishing an alternative emission limitation during SSM periods. The rule was developed in response to EPA’s June 2015 State Implementation Plan (SIP) call informing 36 states, including West Virginia, that certain SIP provisions are substantially inadequate to meet federal Clean Air Act (CAA) requirements concerning periods of startup, shutdown or malfunction. It authorizes the state to establish an alternative emission limitation as a practically enforceable permit. A numerical limitation, a technological control requirement or a work practice requirement would apply during periods of SSM as a component of the continuous allowable emission limitation.

45CSR8 -- Ambient Air Quality Standards: This proposed rule establishes and adopts ambient air quality standards for sulfur oxides, particulate matter, carbon monoxide, ozone, nitrogen dioxide and lead equivalent to the national primary and secondary ambient air quality standards established under Section 109 of the CAA and promulgated by the EPA under 40 CFR Part 50, and 40 CFR Part 53

45CSR13 -- Permits for Construction, Modification, Relocation, and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Administrative Updates, Temporary Permits, Permission to Commence Construction, and Procedures for Evaluation: This proposed rule sets forth (1) the procedures for stationary source reporting, (2) the criteria (a) for obtaining a permit to construct and operate a new stationary source, which is not a major stationary source, (b) to modify a non-major stationary source, to make modifications, which are not major modifications to an existing major stationary source, and (c) to relocate non-major stationary sources within West Virginia, and (3) to set forth procedures to allow facilities to commence construction in advance of permit issuance.

45CSR14 -- Permits for Construction of and Major Modifications of Major Stationary Sources for the Prevention of Significant Deterioration of Air Quality: This proposed rule establishes pre-construction permit emission limitations and such other measures as may be necessary for the prevention of significant deterioration of air quality and adopts a preconstruction permit program in accordance with the policy of Section 101(b)(1) of the Clean Air Act (CAA), the purposes of Section 160 of the CAA, and the Prevention of Significant Deterioration of air quality requirements of 40 CFR 51.166.

45CSR16 -- Standards of Performance for New Stationary Sources: This proposed rule establishes and adopts standards of performance for new stationary sources promulgated by the EPA pursuant to section 111(b) of the CAA. It codifies general procedures and criteria to implement the NSPS set forth in 40 CFR Part 60 except for Subparts B, C, Ca, Cb, Cc, Cd, Ce, Ea, Eb, Ec, WWW, AAAA, BBBB, CCCC, DDDD, EEEE, FFFF, LLLL and MMMM. It also specifically excludes the 2015 amendments to subpart AAA and Subpart QQQQ relating to wood-burning heaters and appliances.

45CSR25 -- Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities: This proposed rule establishes and adopts a program of regulation over air emissions and emission standards for the treatment, storage and disposal of hazardous waste promulgated by EPA pursuant to the Resource Conservation and Recovery Act (RCRA), as amended by codifying general procedures and criteria to implement emission standards set forth in the 40 CFR Parts 260, 261, 262, 264, 265, 266, 270 and 279 as listed in Table 25-A.

45CSR34 -- Emission Standards for Hazardous Air Pollutants (HAP): This proposed rule establishes and adopts a program of national emission standards for HAPs and other regulatory requirements promulgated by EPA pursuant to 40 CFR Parts 61, 63 and section 112 of the CAA, as amended. It codifies general procedures and criteria to implement emission standards for stationary sources that emit (or have the potential to emit) one or more of the eight substances listed as HAPs in 40 CFR 61.01(a), or Section 112(b) of the CAA with the exception of the following subparts: (1) E of 40 CFR Part 63 and any provision related to Section 112(r) of the CAA, (2) DDDDDD, LLLLLL, OOOOOO, PPPPPP, QQQQQQ, TTTTTT, WWWWW, ZZZZZ, HHHHHH, BBBBBB, CCCCCC, WWWWWW, XXXXXX, YYYYYY, ZZZZZZ, AAAAAAA, BBBBBBB, CCCCCCC, and DDDDDDD of 40 CFR Part 63; and (3) B, H, I, K, Q, R, T, and W; Methods 111, 114, 115 and Appendix D and E of 40 CFR Part 61.