Loading (50 kb)...'
(continued)
91-30.
Follansbee Steel Corp............ Consent Order CO-SIP- 11/14/91 7/25/94, 59 FR 37696 (c)(26)
91-31.
Koppers Industries, Inc.......... Consent Order CO-SIP- 11/14/91 7/25/94, 59 FR 37696 (c)(26)
91-32.
International Mill Service, Inc.. Consent Order CO-SIP- 11/14/91 7/25/94, 59 FR 37696 (c)(26)
91-33.
Starvaggi Industries, Inc........ Consent Order CO-SIP- 11/14/91 7/25/94, 59 FR 37696 (c)(26)
91-34.
Quaker State Corporation......... Consent Order CO-SIP- 1/9/95 11/27/96, 61 FR 60191 (c)(35)
95-1.
Weirton Steel Corporation........ Consent Order CO-SIP- 1/9/95 11/27/96, 61 FR 60191 (c)(35)
95-2.
PPG Industries, Inc.............. Consent Order CO-SIP- 1/25/00 8/2/00, 65 FR 47339 (c)(44)(i)(B)(1)
2000-1.
Bayer Corporation................ Consent Order CO-SIP- 1/26/00 8/2/00, 65 FR 47339 (c)(44)(i)(B)(2)
2000-2.
Columbian Chemicals Company...... Consent Order CO-SIP- 1/31/00 8/2/00, 65 FR 47339 (c)(44)(i)(B)(3)
2000-3.
PPG Industries, Inc.............. Consent Order CO-SIP- 7/29/03 4/28/04, 69 FR 23110 (c)(58)
C-2003-27.
Wheeling-Pittsburgh Steel Operating Permit R13- 8/19/03 05/05/04, 69 FR 24986 (c)(59)(i)(B)(1)
Corporation. 1939A.
Weirton Steel Corporation........ Consent Order CO-SIP- 8/4/03 05/05/04, 69 FR 24986 (c)(59)(i)(B)(2)
C-2003-28.
----------------------------------------------------------------------------------------------------------------
(e) EPA-approved nonregulatory and quasi-regulatory material.
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional
revision geographic area date explanation
----------------------------------------------------------------------------------------------------------------
PM-10 Attainment Plan........... Folansbee Area..... 11/15/91 7/25/94, 59 FR 37688 52.2522(f);
renumbered as (d)
at 60 FR 33925.
11/22/95 11/15/96, 61 FR 58481 52.2522(g).
Sulfur Dioxide Attainment City of Weirton 12/29/03 05/05/04, 69 FR 24986 52.2525(b).
Demonstration. Butler and Clay
Magisterial
Districts (Brooke
& Hancock
Counties).
1990 Base Year Emissions Greenbrier County.. 12/22/92 8/4/95, 60 FR 39857 52.2531.
Inventory-VOC, CO, NOX.
Small Business stationary source Statewide.......... 1/13/93 9/15/93, 58 FR 48309 52.2560.
technical and environmental
compliance assistance program.
Lead (Pb) SIP................... Statewide.......... 6/13/80 10/29/81, 46 FR 53413 52.2565(c)(15).
Air Quality Monitoring Network.. Statewide.......... 11/4/83 4/27/84, 49 FR 18094 52.2565(c)(21).
Ozone Maintenance Plan, Huntington Area 8/10/94 12/21/94, 59 FR 65719 52.2565(c)(30).
emissions inventory & (Cabell &
contingency measures. Wayne Counties).
Ozone Maintenance Plan, Parkersburg Area 8/10/94 9/6/94, 59 FR 45978 52.2565(c)(31).
emissions inventory & (Wood County).
contingency measures.
Ozone Maintenance Plan, Charleston Area 8/10/94 9/6/94, 59 FR 45985 52.2565(c)(32).
emissions inventory & (Kanahwa &
contingency measures. Putnam Counties).
Sulfur Dioxide Plan............. Grant Magisterial 2/17/95 11/27/96, 61 FR 60253 52.2565(c)(35).
District (Hancock
County).
Ozone Maintenance Plan & Greenbrier County.. 9/9/94 8/4/95, 60 FR 39857 52.2565(c)(36).
contingency measures.
Sulfur Dioxide Plan............. Marshall County.... 2/17/00 8/2/00, 65 FR 47339 52.2565(c)(44).
Ozone Maintenance Huntington Area 8/10/94 2/8/02, 67 FR 5953 52.2565(c)(45).
Plan_amendments. (Cabell &
Wayne Counties).
Sulfur Dioxide Maintenance Plan. City of Weirton; 7/27/04 01/10/05, 70 FR 1664 The SIP-effective
Butler and Clay date is 3/11/05.
Magisterial
District (Hancock
County).
Sulfur Dioxide Maintenance Plan. New Manchester- 7/27/04, .........................
Grant Magisterial 6/08/05,
District in 70 FR
Hancock County. 33368
Attainment Demonstration and Berkeley and 12/29/04 8/17/05, 70 FR 48287
Early Action Plan for the Jefferson Counties.
Eastern Panhandle Region Ozone
Early Action Compact Area.
----------------------------------------------------------------------------------------------------------------
[70 FR 7027, Feb. 10, 2005, as amended at 70 FR 11553, Mar. 9, 2005; 70 FR 33368, June 8, 2005; 70 FR 48289, Aug. 17, 2005]
§ 52.2521 Classification of regions.
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The West Virginia plan was evaluated on the basis of the following classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
----------------------------------------------------------
Air quality control region Photochemical
Particulate Sulfur Nitrogen Carbon oxidants
matter oxides dioxide monoxide (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Steubenville-Weirton-Wheeling Interstate............. I I III III III
Parkersburg-Marietta Interstate...................... I II III III III
Huntington-Ashland-Portsmouth-Ironton Interstate..... I III III III III
Kanawha Valley Intrastate............................ I III III III III
Southern West Virginia Intrastate.................... III III III III III
North Central West Virginia Intrastate............... I III III III III
Cumberland-Keyser Interstate......................... I I III III III
Central West Virginia Intrastate..................... III III III III III
Allegheny Intrastate................................. III III III III III
Eastern Panhandle Intrastate......................... III III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10902, May 31, 1972]
§ 52.2522 Approval status.
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With the exceptions set forth below in this subpart, the Administrator approves West Virginia's plan for the attainment and maintenance of the national standards.
(a) The Administrator approves the deletion of the provisions found in section 3.03(b) of regulation X except as it applies to the Rivesville plant, Monongahela Power Co.
(b) The Administrator hereby extends the interim limitation of 5.12 lbs. SO2 per million BTU for the Harrison power plant until a permanent emission limitation is approved.
(c) The Administrator approves the amended Sections 3.01(2) and 3.03(1) of West Virginia Air Pollution Control Commission Regulation X submitted January 25, 1978 and amended September 13, 1978, as a plan for attainment of the primary SO2 NAAQS. The Administrator does not approve the State's control strategy for attainment and maintenance of the secondary SO2 NAAQS submitted on those dates, so far as it applies to the Mitchell and Harrison power stations.
(d)–(f) [Reserved]
(g) The Administrator approves West Virginia's November 22, 1995 SIP submittal for the Follansbee, West Virginia PM–10 nonattainment area as fulfilling the section 189(a)(1)(B) requirement for a demonstration that the plan is sufficient to attain the PM–10 NAAQS.
(h) EPA disapproves the portion of 45 CSR 13 subsection 1 referencing major stationary sources which have not been issued a permit pursuant to 45 CSR 30 and section 11.2, submitted by the West Virginia Department of Environmental Protection on August 26, 1994, as revisions to the West Virginia SIP. These provisions do not meet the requirements of 40 CFR 51.160 for scope. EPA also disapproves 45 CSR 13 section 9, submitted by the West Virginia Department of Environmental Protection on August 26, 1994, as a revision to the West Virginia SIP. These provisions do not meet the requirements of 40 CFR 51.161 for public participation.
(i) EPA is granting conditional approval of West Virginia's March 31, 2005 SIP revision consisting of West Virginia emergency rule 45CSR1. For West Virginia's emergency rule 45CSR1 to become fully approvable, the State must, in accordance with its August 15, 2005 commitment, fulfill the following conditions:
(1) Adopt a permanent rule that corresponds to emergency rule 45CSR1, but with an effective date prior to the sunset date of the emergency rule, and
(2) Submit the permanent rule as a SIP revision to EPA by July 1, 2006.
[38 FR 16170, June 20, 1973, as amended at 45 FR 39255, June 10, 1980; 45 FR 54051, Aug. 14, 1980; 45 FR 74480, Nov. 10, 1980; 47 FR 55396, Dec. 9, 1982; 59 FR 37688, July 25, 1994; 60 FR 33925, June 29, 1995; 61 FR 58482, Nov. 15, 1996; 65 FR 2046, Jan. 13, 2000; 68 FR 51464, Aug. 27, 2003; 71 FR 1697, Jan. 11, 2006]
§ 52.2523 Attainment dates for national standards.
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The New Manchester and Grant Magisterial Districts in Hancock County are expected to attain and maintain the secondary sulfur dioxide (SO2) standards as soon as the Sammis Power Plant meets the SO2 limitations in the Ohio State Implementation Plan.
[61 FR 16063, Apr. 11, 1996]
§ 52.2524 Compliance schedules.
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(a) The requirements of §51.262(a) of this chapter are not met since compliance schedules with adequate increments of progress have not been submitted for every source for which they are required.
(b) Federal compliance schedules. (1) The owner or operator of any boiler or furnace of more than 250 million Btu per hour heat input subject to the emission limitation requirements of West Virginia Administrative Regulations, Chapter 16–20, Series X (hereinafter regulation X), section 3.01(a) or section 3.03(a), shall notify the Administrator, no later than October 1, 1973, of his intent to meet the requirements of said regulation by utilizing low-sulfur fuel, stack gas desulfurization, or a combination of stack gas desulfurization and low-sulfur fuel.
(2) Any owner or operator of a stationary source subject to paragraph (b)(1) of this section who elects to utilize low-sulfur fuel, either alone or in combination with stack gas desulfurization, shall be subject to the following compliance schedule:
(i) November 1, 1973—Submit to the Administrator a projection of the amount of fuel, by types, that will be substantially adequate to enable compliance with the applicable regulation on June 30, 1975, and for at least one year thereafter.
(ii) December 31, 1973—Sign contracts with fuel suppliers for fuel requirements as projected above.
(iii) January 31, 1974—Submit a statement as to whether boiler modifications will be required. If modifications will be required, submit plans for such modifications.
(iv) March 15, 1974—Let contracts for necessary boiler modifications, if applicable.
(v) May 15, 1974—Initiate onsite modifications, if applicable.
(vi) February 28, 1975—Complete onsite modifications, if applicable.
(vii) June 30, 1975—Final compliance with the requirements of regulation X, section 3.01(a) or section 3.03(a).
(3) Any owner or operator of a stationary source subject to paragraph (b)(1) of this section who elects to utilize stack gas desulfurization, either alone or in combination with low-sulfur fuel, and any owner or operator of a stationary source subject to the emission limitation requirements of regulation X, section 3.05, shall be subject to the following compliance schedule:
(i) October 15, 1973—Let necessary contracts for construction.
(ii) February 28, 1974—Initiate onsite construction.
(iii) February 28, 1975—Complete onsite construction.
(iv) June 30, 1975—Final compliance with the requirements of regulation X, section 3.01(a), section 3.03(a), or section 3.05.
(4) The owner or operator of any boiler or furnace of more than 250 million Btu per hour heat input subject to the emission limitation requirements of regulation X, section 3.01(b) or section 3.03(b) shall notify the Administrator, no later than July 31, 1975, of his intent to meet the requirements of said regulation by utilizing low-sulfur fuel, stack gas desulfurization, or a combination of stack gas desulfurization and low-sulfur fuel.
(5) Any owner or operator of a stationary source subject to paragraph (b)(4) of this section who elects to utilize low-sulfur fuel, either alone or in combination with stack gas desulfurization, shall be subject to the following compliance schedule:
(i) August 31, 1975—Submit to the Administrator a projection of the amount of fuel, by types, that will be substantially adequate to enable compliance with the applicable regulation on June 30, 1978, and for at least one year thereafter, as well as a statement as to whether boiler modifications will be required. Submit final plans for modifications if they will be required.
(ii) October 31, 1975—Sign contracts with fuel suppliers for fuel requirements as projected above.
(iii) December 31, 1975—Let contracts for necessary boiler modifications, if applicable.
(iv) April 30, 1976—Initiate onsite modifications, if applicable.
(v) April 30, 1977—Complete onsite modifications, if applicable.
(vi) June 30, 1978—Final compliance with the requirements of regulation X, section 3.01(b) or section 3.03(b).
(6) Any owner or operator of a stationary source subject to paragraph (b)(4) of this section who elects to utilize stack gas desulfurization, either alone or in combination with low-sulfur fuel, shall be subject to the following compliance schedule:
(i) October 30, 1975—Submit to the Administrator a final control plan, which describes at a minimum the steps which will be taken by the source to achieve compliance with the applicable regulations.
(ii) February 28, 1976—Let necessary contracts for construction.
(iii) August 31, 1976—Initiate onsite construction.
(iv) December 31, 1977—Complete onsite construction.
(v) June 30, 1978—Final compliance with the requirements of regulation X, section 3.01(b) or section 3.03(b).
(7) Any owner or operator subject to the compliance schedule in paragraph (b) (2), (3), (5) or (6) of this section shall certify to the Administrator within five days after the deadline for each increment of progress, whether or not the required increment of progress has been met.
(8) If a performance test is necessary for a determination as to whether compliance has been achieved, such a test must be completed by the final compliance date in the applicable regulation. Ten days prior to such a test, notice must be given to the Administrator to afford him the opportunity to have an observer present.
(9) (i) None of the above paragraphs shall apply to a source which is presently in compliance with applicable regulations and which has certified such compliance to the Administrator by October 1, 1973. The Administrator may request whatever supporting information he considers necessary for proper certification.
(ii) Any compliance schedule adopted by the State and approved by the Administrator shall satisfy the requirements of this paragraph for the affected source.
(iii) Any owner or operator subject to a compliance schedule in this paragraph may submit to the Administrator no later than October 1, 1973, a proposed alternative compliance schedule. No such compliance schedule may provide for final compliance after the final compliance date in the applicable compliance schedule of this paragraph. If promulgated by the Administrator, such schedule shall satisfy the requirements of this paragraph for the affected source.
(iv) The requirements of this paragraph shall not apply to the following sources for which a request for a postponement of the applicability of regulation X had been submitted pursuant to section 110(f) of the Act prior to the date of publication of this regulation:
------------------------------------------------------------------------
Source Location
------------------------------------------------------------------------
Kammer Station, Ohio Power Company........ Moundsville.
Mitchell Station, Ohio Power Company...... Do.
Harrison Station, Monongahela Power Haywood.
Company.
Fort Martin Station, Monongahela Power Maidsville.
Company.
------------------------------------------------------------------------
(10) Nothing in this paragraph shall preclude the Administrator from promulgating a separate schedule for any source to which the application of the compliance schedule in paragraph (b) (2), (3), (5), or (6) of this section fails to satisfy the requirements of §§51.261 and 51.262(a) of this chapter.
[38 FR 16170, June 20, 1973, as amended at 38 FR 22751, Aug. 23, 1973; 38 FR 24342, Sept. 7, 1973; 39 FR 32560, Sept. 9, 1974; 40 FR 3569, Jan. 23, 1975; 51 FR 40676, 40677, Nov. 7, 1986; 54 FR 25258, June 14, 1989]
§ 52.2525 Control strategy: Sulfur dioxide.
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(a) The provisions of §51.112(a) are not met because the State did not adequately demonstrate that the deletion of section 3.03(b) of West Virginia regulation X as it applies to the Rivesville plant would not interfere with attainment and maintenance of the national ambient air quality standard.
(b) EPA approves the attainment demonstration State Implementation Plan for the City of Weirton, including the Clay and Butler Magisterial Districts area in Hancock County, West Virginia, submitted by the West Virginia Department of Environmental Protection on December 29, 2003.
[43 FR 52240, Nov. 9, 1978, as amended at 51 FR 40676, Nov. 7, 1986; 69 FR 24992, May 5, 2004]
§ 52.2526 Control strategy: Particulate matter.
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EPA approves West Virginia's November 15, 1991 SIP submittal for fulfilling the PM10-specific requirement of part D for contingency measures required under section 172(c)(9) of the Clean Air Act applicable to the Follansbee, West Virginia PM10 nonattainment area.
[68 FR 51464, Aug. 27, 2003]
§ 52.2527 [Reserved]
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§ 52.2528 Significant deterioration of air quality.
top
(a) The requirements of Sections 160 through 165 of the Clean Air Act are met since the plan includes approvable procedures for the Prevention of Significant Air Quality Deterioration.
(b) Regulations for Preventing Significant Deterioration of Air Quality, the provisions of §52.21(p) (4), (5), (6), and (7) are hereby incorporated and made a part of the applicable state plan for the state of West Virginia.
[51 FR 12518, Apr. 11, 1986]
§§ 52.2529-52.2530 [Reserved]
top
§ 52.2531 1990 base year emission inventory.
top
EPA approves as a revision to the West Virginia State Implementation Plan the 1990 base year emission inventories for the Greenbrier county ozone nonattainment area submitted by the Secretary, West Virginia Department of Commerce, Labor & Environmental Resources on December 22, 1992. These submittals consist of the 1990 base year point, area, non-road mobile, biogenic and on-road mobile source emission inventories in Greenbrier County for the following pollutants: Volatile organic compounds (VOC), carbon monoxide (CO), and oxides of nitrogen (NOX).
[60 FR 39862, Aug. 4, 1995]
§ 52.2532 [Reserved]
top
§ 52.2533 Visibility protection.
top
(a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas.
(b) Regulation for visibility monitoring and new source review. The provisions of §§52.26 and 52.28 are hereby incorporated and made a part of the applicable plan for the State of West Virginia.
(c) Long-term strategy. The provisions of §52.29 are hereby incorporated and made part of the applicable plan for the State of West Virginia.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]
§ 52.2534 Stack height review.
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The State of West Virginia has declared to the satisfaction of EPA that no State Implementation Plan emission limits, other than those for the Kammer power plant, have been affected by stack height credits greater than good engineering practice or any other prohibited dispersion technique as defined in EPA's stack height regulations, as revised on July 8, 1985. This declaration was submitted to EPA on September 16, 1988.
[55 FR 21752, May 29, 1990]
§ 52.2560 Small business technical and environmental compliance assistance program.
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On January 13, 1993, the Secretary of the West Virginia Department of Commerce, Labor and Environmental Resources submitted a plan for the establishment and implementation of a Small Business Technical and Environmental Compliance Assistance Program as a state implementation plan revision (SIP), as required by title V of the Clean Air Act. EPA approved the Small Business Technical and Environmental Compliance Assistance Program on September 15, 1993, and made it part of the West Virginia SIP. As with all components of the SIP, West Virginia must implement the program as submitted and approved by EPA.
[58 FR 48312, Sept. 15, 1993]
§ 52.2565 Original identification of plan.
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(a) This section identifies the original “Air Implementation Plan for the State of West Virginia” and all revisions submitted by West Virginia that were federally approved prior to December 1, 2004.
(b) The plan was officially submitted on January 27, 1972.
(c) The plan revisions listed below were submitted on the dates specified.
(1) Addition to the plan regarding legal authority to enforce State laws in the City of Wheeling submitted on March 30, 1972, by the West Virginia Air Pollution Control Commission.
(2) Addition to the plan clarifying Resources section of SIP submitted April 20, 1972, by the West Virginia Air Pollution Control Commission.
(3) Revision to plan regarding “Permit to Construct” rule, Regulation XIII of the West Virginia Air Pollution Control Regulations, submitted May 5, 1972, by the West Virginia Air Pollution Control Commission.
(4) Revision to the plan allowing John E. Amos power plant variance to sulfur-in-fuel regulations submitted November 14, 1973, by the West Virginia Air Pollution Control Commission.
(5) AQMA designations were submitted on June 13, 1974, by the Governor of West Virginia.
(6) Indirect Source Review plan submitted on June 17, 1974, by the West Virginia Air Pollution Control Commission.
(7) Particulate matter regulation for Primary aluminum plants submitted on November 8, 1974, by the West Virginia Air Pollution Control Commission.
(8) Deletion of secondary annual and 24 hour sulfur dioxide standards from Regulation VIII submitted on March 16, 1976 by the Governor of West Virginia.
(9) Amendments to regulation X (to prevent and control air pollution from the emission of sulfur oxides) (section 2.07 added), section 2.08 (former section 2.07), section 2.09 (former section 2.08), section 2.10 (former section 2.09), section 2.11 (former section 2.10), section 2.12 (former section 2.11), section 2.13 (former section 2.12), section 2.14 (former section 2.13), section 2.15 (former section 2.14), section 2.16 (former section 2.15), section 3.01 is superseded by new section 3.01 except section 3.01(1) Kammer Power Station which retains the old section 3.01(a), section 3.02 is replaced by new section 3.02, section 3.03 is superseded by new section 3.03 except for section 3.03(2) Rivesville Power Station, which retains the old section 3.03(a) and section 3.01(b), section 3.03(1) (Harrison Power Plant) is approved as an interim emission limitation only, sections 3.05, 3.06, and 3.07 (added), section 3.08 (former section 3.05), section 6.01 is superseded by new section 6.01, new section 10 is added, section 11 (replaces former section 10) of the West Virginia Administrative Regulations submitted on January 25, 1978 (as amended September 13, 1978), by the Governor.
(10) Revised plans for attaining primary air quality standards for TSP and SO2 submitted to EPA by the Governor of West Virginia on June 18, 1979. These plans are contained in a document entitled, “Revisions to the State Implementation Plan to Achieve and Maintain Air Quality Standards for Particulates, Sulfur Oxides, and Ozone.”
(11) Revised plan for attaining the ozone standard submitted to EPA by the Governor of West Virginia on November 21, 1979.
(12) Revised Regulations III and VIII, and new Regulations XXI, XXIII, and XXIV, submitted to EPA by the Governor of West Virginia on December 19, 1979.
(13) Amended Sections 3.01(2) and 3.03(1) of Regulation X (to prevent and control air pollution from the emission of sulfur oxides), submitted on January 25, 1978 and amended September 13, 1978 by the Governor.
(14) Amended Regulations VI and VII, and an Identification and Analysis of the Impact of the 1979 West Virginia State Implementation Plan, submitted by the Governor of West Virginia on June 13, 1980.
(15) An Implementation Plan for lead submitted by the Governor of West Virginia on June 13, 1980, and supplementary information subsequently submitted to show that lead sources would be subject to new source review.
(16) Test Procedure for Quantifying Emissions From Bulk Gasoline Loading Terminals, submitted by the Governor of West Virginia on November 6, 1980.
(17) West Virginia's plans for attaining the secondary National Ambient Air Quality Standard for total suspended particulate submitted by the Governor of West Virginia on November 14, 1980.
(18) The consent order allowing alternative emission limitations for the Mountaineer Carbon Company, Moundsville, West Virginia, submitted on July 2, 1982 by the West Virginia Air Pollution Control Commission.
(19) Consent Order dated July 6, 1982 between National Steel Corporation, Weirton Steel Division and the West Virginia Air Pollution Control Commission submitted on July 6, 1982 by Mr. Donald R. Richardson providing for an alternate emission control plan (bubble) for the Weirton, West Virginia steel mill.
(20) Amended Regulation VII of the West Virginia Air Pollution Control Regulations submitted by the West Virginia Air Pollution Control Commission on April 29, 1983.
(21) A revision submitted by the State of West Virginia on November 4, 1983 which establishes an Ambient Air Quality Monitoring Network.
(22) Amended Regulation XIX of the West Virginia Air Pollution Control Regulations submitted by the West Virginia Air Pollution Control Commission on April 29, 1983.
(23) Regulation XIV (Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration) and a commitment letter submitted on June 13, 1984, and December 16, 1985, respectively, by the Chairman of the West Virginia Air Pollution Control Commission.
(i) Incorporation by reference.
(A) Regulation XIV (Permits for the Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration) adopted by the State of West Virginia on June 14, 1984.
(B) Letter of December 16, 1985, in which the West Virginia Air Pollutant Control Commission committed to comply with the July 8, 1985 rulemaking notice concerning stack heights in its PSD permitting.
(24) Revisions to the State Implementation Plan submitted by the West Virginia Air Pollution Control Commission.
(i) Incorporation by reference.
(A) Letter from the West Virginia Air Pollution Control Commission dated September 14, 1990, submitting a revision to the West Virginia State Implementation Plan.
(B) A Consent Order, dated and effective September 12, 1990, issued by the West Virginia Air Pollution Control Commission to the Columbia Gas Transmission Corporation limiting the emissions and operation of a compressor engine at its Lost River Compressor Station in Mathias, Hardy County, West Virginia.
(ii) Additional materials—remainder of the State submittal.
(25) As of July 7, 1993 the rules in this paragraph (c)(25) are superseded by the rules contained in paragraph (c)(33) of this section. Revisions to the State Implementation Plan submitted by the West Virginia Air Pollution Control Commission, which define and impose RACT to control volatile organic compound emissions from bulk gasoline terminals, petroleum refineries, and storage of petroleum liquids in fixed roof tank facilities.
(i) Incorporation by reference.
(A) A letter from the West Virginia Air Pollution Control Commission dated June 4, 1991, submitting a revision to the West Virginia State Implementation Plan.
(B) Amendments to Series 21, 23, and 24 of the regulations of the West Virginia Air Pollution Control Commission, submitted June 4, 1991, and effective May 6, 1991.
(ii) Additional materials.
(A) The nonregulatory portions of the state submittal.
(26) Bilateral consent orders between the West Virginia Air Pollution Control Commission and six companies to limit emissions of particulate matter. The effective date of the consent order with Koppers is November 15, 1991; the effective date of the five other orders cited in paragraph (i)(B), below, is November 14, 1991.
(i) Incorporation by reference.
(A) Letter dated November 12, 1991 from the West Virginia Department of Commerce, Labor, and Environmental Resources transmitting six consent orders.
(B) Consent orders with the following companies (West Virginia order number and effective date in parentheses): Follansbee Steel Corporation (CO-SIP–91–31, November 14, 1991); International Mill Service, Incorporated (CO-SIP–91–33, November 14, 1991); Koppers Industries, Incorporated (CO-SIP–91–32, November 15, 1991); Standard Lafarge (CO-SIP–91–29, November 14, 1991); Starvaggi Industries, Incorporated (CO-SIP–91–34, November 14, 1991); and Wheeling-Pittsburgh Steel Corporation (CO-SIP–91–29, November 14, 1991).
(27) Revision to the State implementation plan consisting of a good engineering practice (GEP) for stack heights regulation as submitted by the Secretary, West Virginia Department of Commerce, Labor, and Environmental Resources on April 2, 1990:
(i) Incorporation by reference.
(A) Letter from the Secretary, Department of Commerce, Labor, and Environmental Resources dated April 2, 1990, submitting a revision to the West Virginia State implementation plan.
(B) Regulation 20 (45CSR20)—“Good Engineering Practice as Applies to Stack Heights” adopted by the State of West Virginia on April 8, 1989. The regulation became effective on July 14, 1989.
(ii) Additional materials.
(A) Remainder of the State implementation plan revision submitted by the West Virginia Department of Commerce, Labor, and Environmental Resources on April 2, 1990.
(28) Revisions to the State Implementation Plan submitted by the West Virginia Department of Commerce, Labor, and Environmental Resource on August 15, 1990.
(i) Incorporation by reference.
(A) Letter from the West Virginia Department of Commerce, Labor, and Environmental Resources dated August 15, 1990 submitting a revision to the West Virginia State Implementation Plan.
(B) Amendments to the West Virginia Code Chapter 16, Article 20—Regulation VIII—“Ambient Air Quality Standards for Sulfur Oxides and Particulate Matter”; Regulation XI—“Prevention of Air Pollution Emergency Episodes”; and Regulation XIV—“ Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration”. All three rules were adopted on March 19, 1990 and became effective April 25, 1990.
(ii) Additional materials.
(A) Remainder of the State Implementation Plan revision request submitted by the West Virginia Department of Commerce, Labor, and Environmental Resources on August 15, 1990.
(29) Revisions to the State Implementation Plan submitted by the Secretary, West Virginia Department of Commerce, Labor, and Environmental Resources on April 2, 1990.
(i) Incorporation by reference.
(A) Letter from the Secretary, Department of Commerce, Labor, and Environmental Resources dated April 2, 1990 submitting a revision to the West Virginia State Implementation Plan.
(B) WVAPCC Rule TP–2—“Compliance Test Procedures for Regulation II—‘To Prevent and Control Particulate Air Pollution From Combustion of Fuel in Indirect Heat Exchangers’” adopted by the State of West Virginia on April 8, 1989.
(ii) Additional materials.
(A) Remainder of the State Implementation Plan revision request submitted by the West Virginia Department of Labor, Commerce, and Environmental Resources on April 2, 1990.
(30) The ten year ozone maintenance plan including emission projections and contingency measures for Huntington, West Virginia (Cabell and Wayne counties) as revised and effective on August 10, 1994 and submitted by the West Virginia Division of Environmental Protection:
(i) Incorporation by reference.
(A) The ten year ozone maintenance plan including emission projections and contingency measures for Huntington, West Virginia (Cabell and Wayne counties) revised and effective on August 10, 1994.
(31) The ten year ozone maintenance plan including emission projections and contingency measures for Parkersburg, West Virginia (Wood County) as revised and effective on August 10, 1994 and submitted by the West Virginia Division of Environmental Protection; Office of Air Quality:
(i) Incorporation by reference.
(A) The ten year ozone maintenance plan including emission projections and contingency measures for Parkersburg, West Virginia (Wood County) revised and effective on August 10, 1994.
(32) The ten year ozone maintenance plan including emission projections and contingency measures for Charleston, West Virginia (Kanawha and Putnam Counties), as revised and effective on August 10, 1994 and submitted by the West Virginia Division of Environmental Protection; Office of Air Quality:
(i) Incorporation by reference.
(A) The ten year ozone maintenance plan including emission projections and contingency measures for the Charleston, West Virginia (Kanawha and Putnam Counties) revised and effective August 10, 1994.
(33) Revisions to the West Virginia State Implementation Plan submitted on August 12, 1993 by the West Virginia Department of Commerce, Labor & Environmental Resources.
(i) Incorporation by reference.
(A) Letter of August 10, 1993 from the West Virginia Department of Commerce, Labor & Environmental Resources transmitting Title 45 Legislative Rules, Series 21, Regulation to Prevent and Control Air Pollution from Emission of Volatile Organic Compounds.
(B) Title 45 Legislative Rules, Series 21, Regulation to Prevent and Control Air Pollution from Emission of Volatile Organic Compounds, sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 36, 39, 41, 42, 43, 44, 45, 46, 47, and 48, and Appendix A, which were adopted May 26, 1993 and effective July 7, 1993.
(ii) Additional material.
(A) Remainder of August 10, 1993 State submittal pertaining to the rules referenced in paragraph (c)(33)(i) of this section.
(iii) Additional information.
(A) The rules in this paragraph (c)(33) supersede the rules contained in paragraph (c)(25) of this section.
(34) Revisions to the West Virginia State Implementation Plan submitted by the Secretary, West Virginia Department of Commerce, Labor, and Environmental Resources, Office of Air Quality, on August 10, 1993.
(i) Incorporation by reference.
(A) Letter dated August 10, 1993 from the Secretary, West Virginia Department of Commerce, Labor, and Environmental Resources, Office of Air Quality submitting 45 Code of State Regulations (CSR) Series 29 “Rule Requiring the Submission of Emission Statements for Volatile Organic Compounds and Oxides of Nitrogen Emissions” as a revision to the West Virginia State Implementation Plan. The effective date of this rule, 45CSR29 is July 7, 1993.
(B) West Virginia Regulation Title 45, Series 29, “Rule Requiring the Submission of Emission Statements for Volatile Organic Compounds and Oxides of Nitrogen Emissions,” consisting of Subsections: 1. General; 2. Definitions; 3. Applicability; 4. Compliance Schedule; 5. Emission Statement Requirements; 6. Enforceability; and 7. Severability, effective July 7, 1993.
(ii) Additional Material.
(A) Remainder of August 10, 1993 State submittal pertaining to 45 CSR Series 29, “Rule Requiring the Submission of Emission Statements for Volatile Organic Compounds and Oxides of Nitrogen Emissions.”
(B) [Reserved]
(35) Revisions to the West Virginia implementation plan for sulfur dioxide (SO2) in New Manchester Grant-Magisterial District, Hancock County submitted on February 17, 1995, as amended on May 3, 1996 by West Virginia Division of Environmental Protection:
(i) Incorporation by reference.
(A) Letter of February 17, 1995 from Mr. David C. Callaghan, Director, West Virginia Division of Environmental Protection transmitting a SIP revision for the New Manchester-Grant Magisterial District, Hancock County SO2 nonattainment area.
(B) Letter of May 3, 1996 from Mr. Laidley Eli McCoy, Ph.D., Director, West Virginia Division of Environmental Protection transmitting an amendment to the February 17, 1995 SIP revision submittal for the New Manchester-Grant Magisterial District, Hancock County SO2 nonattainment area.
(C) Implementation plan document (as amended, May 3, 1996), entitled “Revision to the West Virginia State Implementation Plan to Achieve and Maintain the National Ambient Air Quality Standards for Sulfur Dioxide in the New Manchester-Grant Magisterial District”.
(D) Consent order entered into by and between the State of West Virginia and the Quaker State Corporation on January 9, 1995. The consent order was effective on January 9, 1995.
(E) Consent order entered into by and between the State of West Virginia and the Weirton Steel Corporation on January 9, 1995. The consent order was effective on January 9, 1995.
(ii) Additional material.
(A) Remainder of West Virginia's February 17, 1995 submittal, as amended on May 3, 1996.
(36) The ten year ozone maintenance plan including emission projections and contingency measures for Greenbrier County, West Virginia effective on September 1, 1994 and submitted by the West Virginia Division of Environmental Protection:
(i) Incorporation by reference.
(A) Letter of September 9, 1994 from the West Virginia Division of Environmental Quality transmitting the ozone maintenance plan for Greenbrier County.
(B) The ten year ozone maintenance plan including emission projections and contingency measures for Greenbrier County, West Virginia effective on September 1, 1994.
(ii) Additional Material.
(A) Remainder of September 9, 1994 State submittal pertaining to the maintenance plan referenced in paragraph (c)(36)(i) of this section.
(B) [Reserved]
(37) Revisions to the West Virginia State Implementation Plan submitted on May 16, 1995 by the West Virginia Division of Environmental Protection:
(i) Incorporation by reference.
(A) Letter of May 16, 1995 from West Virginia Division of Environmental Protection, transmitting the General Conformity Rule.
(B) Title 45, Legislative Rule, Series 35 (45CSR35), Requirements for Determining Conformity of General Federal Actions to Applicable Air Quality Implementation Plans (General Conformity), effective May 1, 1995.
(ii) Additional material.
(A) Remainder of May 16, 1995 State submittal pertaining to 45CSR35 referenced in paragraph (c)(37) of this section.
(38) [Reserved]
(39) Revisions to the West Virginia Regulations 45 CSR 14 submitted on August 10, 1993 by the West Virginia Department of Commerce, Labor & Environmental Resources:
(i) Incorporation by reference.
(A) Letter of August 10, 1993 from the West Virginia Department of Commerce, Labor & Environmental Resources transmitting revisions to 45 CSR 14 “Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration”.
(B) Revisions to 45 CSR 14, effective July 7, 1993, including revisions to definitions and the addition of NO2 increment provisions. Not included in this incorporation by reference are 45 CSR 14 paragraphs 1.1, 1.2, 2.1, 2.4, 2.9, 2.11, 2.13, 2.13, 2.22, 2.26, 2.27, 2.32, 2.33 to 2.38, 3.2, 4.1 to 4.3, 5.1, 7.1 to 7.4, 8.1, 10.1, 10.4, 10.7, and 11.1.
(40) Revisions to the West Virginia Regulations 45 CSR 14 submitted on May 20, 1996 by the West Virginia Division of Environmental Protection:
(i) Incorporation by reference.
(A) Letter of May 20, 1996 from the West Virginia Division of Environmental Protection transmitting revisions to 45 CSR 14 “Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration”.
(B) Revisions to 45 CSR 14, effective May 1, 1995, including the addition of PM–10 increment provisions, revisions to definitions, and preconstruction review requirements for electric steam generating units. Not included in this incorporation by reference are 45 CSR 14 paragraphs 4.1 to 4.3, 7.3, 8.1, 10.1, 10.2, 10.4, and 11.1.
(41) [Reserved]
(42) Revisions to the West Virginia Regulations for coal preparation and handling facilities 45CSR5 submitted on August 10, 1993 by the West Virginia Department of Commerce, Labor and Environmental Resources:
(i) Incorporation by reference.
(A) Letter of August 10, 1993 from the West Virginia Department of Commerce, Labor, and Environmental Resources transmitting revisions to West Virginia's regulation 45CSR5 “To Prevent and Control Air Pollution From the Operation of Coal Preparation Plants and Coal Handling Operations”.
(B) Revisions to West Virginia regulation 45CSR5 regarding coal preparation and handling plants specifically: Revisions to 45CSR5 which require specific emission limits on particulate matter emissions at coal preparation and handling facilities in the Follansbee PM10 nonattainment area, monitoring of thermal driers and control equipment statewide, revised permitting, testing and reporting requirements.
(ii) Additional Material—Remainder of the August 10, 1993 submittal on 45CSR5.
(43) Revisions to West Virginia Regulation 45 CSR 13 submitted on August 26, 1994 by the West Virginia Department of Environmental Protection.
(i) Incorporation by reference.
(A) Letter of August 26, 1994 from the West Virginia Department of Environmental Protection transmitting 45 CSR 13 “Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Temporary Permits, General Permits, and Procedures for Evaluation”.
(B) Revised version of 45 CSR 13 “Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Temporary Permits, General Permits, and Procedures for Evaluation”, sections: 1 except for the reference in subsection 1.1 to major stationary sources which have not been issued a permit pursuant to 45 CSR 30, 2–8, 10, 11 except for subsection 11.2, and Tables 45–13A and 45–13B, effective April 27, 1994.
(ii) Additional Material.
(A) Remainder of August 26, 1994 State submittal pertaining to 45 CSR 13, “Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Temporary Permits, General Permits, and Procedures for Evaluation”.
(B) Letter of September 5, 1996 from the West Virginia Office of Air Quality requesting EPA approval of 45 CSR 13 under 112(l) of the Clean Air Act, and clarifying that the definition of “major stationary source” in 45 CSR 13 will be interpreted consistently with the 45 CSR 14 and 45 CSR 19 programs as to the types of source categories which need to include fugitive emissions.
(44) Revisions to the West Virginia Regulations to attain and maintain the sulfur dioxide national ambient air quality standards in Marshall County submitted on February 17, 2000, by the Director, West Virginia Division of Environmental Protection:
(i) Incorporation by reference.
(A) Letter of February 17, 2000, from the Division of Environmental Protection transmitting a revision to the State Implementation Plan (SIP) for Attainment and Maintenance of Sulfur Dioxide National Ambient Air Quality Standards.
(B) Consent Orders entered between the West Virginia Office of Air Quality and:
(1) CO–SIP–2000–1, PPG Industries, Inc., Dated January 25, 2000.
(2) CO–SIP–2000–2, Bayer Corporation, Dated January 26, 2000.
(3) CO–SIP–2000–3, Columbian Chemicals Company, Dated January 31, 2000.
(ii) Additional Material.—Remainder of February 17, 2000 SIP revision submittal.
(45) Revisions to the West Virginia Regulations amending the ten-year maintenance plan for Huntington, West Virginia (Cabell and Wayne Counties) submitted on November 29, 2001 and December 18, 2001 by the West Virginia Department of Environmental Protection:
(i) Incorporation by reference.
(A) Letter of November 29, 2001 from the West Virginia Department of Environmental Protection transmitting amendments to the ten-year maintenance plan for Huntington, West Virginia (Cabell and Wayne Counties).
(B) Letter of December 18, 2001 from the West Virginia Department of Environmental Protection transmitting amendments to the ten-year maintenance plan for Huntington, West Virginia (Cabell and Wayne Counties).
(C) Amendments to the Huntington, West Virginia (Cabell and Wayne Counties) ozone maintenance plan submitted by the West Virginia Department of Environmental Protection effective November 16, 2001. This plan establishes motor vehicle emissions budgets for VOCs of 11.20 tons/day for 2002, and 11.00 tons/day for 2005. This plan also establishes motor vehicle emissions budgets for NOX of 11.56 tons/day for 2002, and 11.43 tons/day for 2005.
(ii) Additional Material.—Remainder of the November 29, 2001 and December 18, 2001 submittals pertaining to the revisions to the West Virginia Regulations amending the ten-year maintenance plan for Huntington, West Virginia (Cabell and Wayne Counties) revisions.
(46) Revisions to the West Virginia Rules 45CSR26 and 45CSR1 submitted on May 1, 2002 by the West Virginia Department of Environmental Protection:
(i) Incorporation by reference.
(A) Letter of May 1, 2002 from the Secretary of the West Virginia Department of Environmental Protection transmitting rules 45CSR26 and 45CSR1 to implement West Virginia's NOX Budget Trading Program and requirements for reductions in NOX emissions from cement manufacturing kilns.
(B) West Virginia Rule Title 45 Series 26, “Nitrogen Oxides Budget Trading Program as a Means of Control and Reduction of Nitrogen Oxides from Electric Generating Units,” consisting of sections 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 14, 20, 21, 22, 23, 24, 30, 31, 40, 41, 42, 43, 50, 51, 52, 53, 54, 55, 56, 57, 60, 61, 62, 70, 71, 72, 73, 74, 75, and 76 effective May 1, 2002.
(C) West Virginia Rule Title 45 Series 1, “Nitrogen Oxides Budget Trading Program as a Means of Control and Reduction of Nitrogen Oxides,” consisting of sections 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 14, 20, 21, 22, 23, 24, 30, 31, 40, 41, 42, 43, 50, 51, 52, 53, 54, 55, 56, 57, 60, 61, 62, 70, 71, 72, 73, 74, 75, 76, 80, 81, 82, 83, 84, 85, 86, 87, 88, and 100, effective May 1, 2002.
(ii) Additional Material—Other materials submitted by the State of West Virginia in support of and pertaining to Rules 45CSR26 and 45CSR1 listed in paragraphs (c)(46)(i)(B) and (C) of this section.
(47) Revisions to West Virginia Regulations to prevent and control air pollution from the operation of coal preparation plants, coal handling operations, and coal refuse disposal areas, submitted on September 21, 2000 by the West Virginia Division of Environmental Protection: (continued)