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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.]
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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
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WV 2008 Ozone Transport SIP
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
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WV 2008 Ozone Transport SIP
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
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WV 2008 Ozone Transport SIP
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
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WV 2008 Ozone Transport SIP
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
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WV 2008 Ozone Transport SIP
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
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WV 2008 Ozone Transport SIP
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
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WV 2008 Ozone Transport SIP
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
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WV 2008 Ozone Transport SIP
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.
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WV 2008 Ozone Transport SIP
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
WV 2008 Ozone Transport SIP
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
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WV 2008 Ozone Transport SIP
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.
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WV 2008 Ozone Transport SIP
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.
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WV 2008 Ozone Transport SIP
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.
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WV 2008 Ozone Transport SIP
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.
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WV 2008 Ozone Transport SIP
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.
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WV 2008 Ozone Transport SIP
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
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WV 2008 Ozone Transport SIP
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.
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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.
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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.
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WV 2008 Ozone Transport SIP
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.
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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.
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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
090010017 Connecticut Fairfield 80.3 83 74.1 76.6 81 80
090013007 Connecticut Fairfield 84.3 89 75.5 79.7 83 81
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
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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.
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WV 2008 Ozone Transport SIP
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.
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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
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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.
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WV 2008 Ozone Transport SIP
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
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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.
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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
WV 2008 Ozone Transport SIP
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
WV 2008 Ozone Transport SIP
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
WV 2008 Ozone Transport SIP
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
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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
WV 2008 Ozone Transport SIP
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.
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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
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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.
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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.
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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
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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.
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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.
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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
162.58 annual / 67.7 O3 season
Emission Reduction (tons) Due to Facility No
Longer Covered Under Title V
699.572 annual / 291.5 O3 season
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
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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
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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.
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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.