UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION Ill 1650 Arch Street Philadelphia, Pennsylvania 19103-2029 Mr. William F. Durham, Director West Virginia Department of Environmental Protection Di vision of Air Quality 60 I 57 111 Street SE Charleston, West Virginia 25304 JUL 2 8 2016 Dear Mr. Durham: Thank you for your June 29,2016 letter requesting comment on the fo llowing seven West Virginia Department of Environmental Protection proposed air quali ty rules: 45 C .S.R. l , 45 C.S.R. 8, 45 C.S.R. 13, 45 C.S.R. 14, 45C.S.R. 16, 45 C.S.R. 25, and-45 C.S.R. 34. The U.S . Environmental Protection Agency's comments are enclosed. If you have any questions, please do not hesitate to contact me or have your staff contact Ms. Irene Shandruk, for 45 C.S.R. 1, at 215-814-2 166, or shandruk. irene@epa.gov or Ms. Amy Johansen, for the remaining rules, at 215-814-2156, or johansen.amy@epa.gov. S incerely, ~) David L. Arnold, Acting Division Director Enclosure 0 Printed on 100% recycled/recyclable paper with 100% post-consumer fiber ami process chlorine free. Customer Service Hotline: 1-800-438-2474 Enclos ure EPA's Comm ents on West Virginia's Proposed Air Quality Rules for 2017 L egislative Session 45 C.S. R. 1 - Alternative E mission Limitations during S tartup, Shutdown, a nd Maintenance Operations 1. Please explain provision 45 -1-3.3. The wording is vague and it is unclear why only RACT is mentioned. Perhaps it should say that the alternative emission limitation (AEL) shall otherwise meet applicable West Virginia and C lean Air Act requirements. 2. Please clarify the meaning and intent of provision 45- 1-7. It is unclear how the AEL could be more stringent than an otherwise applicable limitation. If the AEL is less stri ngent, based on this provision, the AEL would not apply to sources during star1up/shutdown/malfunction when the sources cannot meet the otherwise applicable emi ssion limitations. 3. To the extent that West Virginia intends to establi sh AELs for periods of startup/shutdown/malfunction, such limitations must be submitted to EPA for approval into West Virgi nia's state implementation plan (S IP) for SIP compliance purposes. That is, if the AEL is done via permit or enforcement order, the permit or order must be approved by EPA into West Virginia's SIP to ensure that the limi tations are enforceable by EPA. 4. Please define "zero process weight rate" to make the definition of " maintenance operation" clearer. 45 C.S.R. 13- Permits for Construction, Modification, Relocation a nd Operation of Station a r1' So urces of Ai r Pollutants, Notification Requirements, Administrative Updates, Temporary Permits, General Permits, Permission to Com mence Construction, and Procedures for Eva luation 1. Please explain why 45-13-5.8 is being removed. By removing this provision there appears to be no li mit on the timeframe in which the Secretary shall complete review of any application for an existing stationary source operating pem1it. 2. It should be noted that on December 29, 2015 (80 FR 81234), EPA proposed "Revisions to the Public Notice Provisions in Clean Air Act Pennitting Programs," which will remove mandatory requirements to provide public notice of a draft air permit, as well as certain other program actions, through publication in a newspaper and would instead allow for electronic noticing (e-notice) of these actions. EPA suggests West Virginia review that proposed rule as well as the final rule, once published, noting that the proposal is s ubject to change upon going final. 3. West Virg inia is making changes to Public Review Procedures in 45 -1 3-8 and is to be commended for moving to electronic public noticing; however, please explain why West Virginia is removing requirements to public notice applications for operating permits in provision 45-1 3-8.3. 45 C.S.R. 14 - Permits for Construction and Major Modification of Major Stationary Sources for the Prevention of Significant Deterioration of Air Quality I. Please explain the changes made to provision 45- I 4-2.45. It is uncl ear why " under the CAA" is being removed. 2. Please explain your changes to the definition of "PAL permit" in provision 45- 14-2.54. 3. The edits made to 45-14-11.5 are confusing and unclear. It appears the same thing is being said twice. Please clarify. 4. In the provisions under 45-1 4-17 for Public Review Procedures, it appears West Vi rginia will continue to use legal advertisement in a newspaper of general circulation, but are moving to electronic notice under 45-13. Once EPA finali zes " Revisions to the Public Notice Provisions in Clean Air Act Permitting Programs," EPA would recommend one consistent public noticing method , unless there are specific instances where the public would be better served using a CAA approved alternative (i.e. , newspaper).