The article “Regional Reports: EPA Region 3” by Gale Lea Rubrecht first appeared in the Air Quality Committee Newsletter, Vol. 12, No. 1, June 2009,
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REGIONAL REPORT: EPA REGION 3
management of the SEU. RFPs were solicited
March 9, 2009, and proposals were due April 17,
2009.
Gale Lea Rubrecht
Jackson Kelly PLLC
Charleston, West Virginia
galelea@jacksonkelly.com
On Feb. 27, 2009 DE DNREC opened the public
comment period on the Governor’s Energy Advisory
Council’s draft Delaware Energy Plan. The draft
includes a review of existing energy programs and
ninety-five recommendations for changes to
Delaware’s energy policy and programs. The draft
identifies ways to foster stable and reasonable energy
prices, reliability, and environmentally preferable
energy resources, including renewable energy and
energy efficiency as a means of insuring the security
and long-term sustainability of Delaware’s energy
resources. For example, the draft recommends that
DE DNREC develop combined heat and power
regulations for boilers/power plants on an energy
output basis and study, and if appropriate, develop a
set-aside of allowance allocations for energy efficiency
and renewable energy in Delaware’s nitrogen oxides
(NOx) and carbon dioxide (CO2) trading programs.
The draft also recommends that the governor establish
a greenhouse gas (GHG) goal and a Climate Change
Commission to develop a detailed Climate Change
Action Plan for Delaware, including a trajectory for the
reduction in GHG emissions and an adaptation plan,
incorporating periodic review and evaluation of the
plan. The draft would task the Delaware SEU with
undertaking recommendations pertaining to distributed
renewable energy, retrofitting of existing homes for
energy efficiency, energy efficiency financing of new
and existing homes, enhanced energy efficient
construction of new homes, and alternative fuel/fuel
efficient vehicles. The development of the draft plan
has been guided by the following principles: increasing
energy end-use efficiency and conservation, reducing
the environmental impacts (footprint) of energy used
and generated in Delaware, reducing energy use for
transportation, maximizing clean energy economic
development opportunities, maintaining and improving
the reliability and security of Delaware’s energy
systems, and minimizing energy-related costs and
I. EPA Region 3 Developments
U.S. EPA Region 3 has a new acting air director,
Diane Esher. Her background is in water. Judy Katz,
the former U.S. EPA Region 3 air director, is now
acting regional counsel.
On April 9, 2009, U.S. EPA allocated $1.73 million to
each state in U.S. EPA Region 3 under the American
Reinvestment and Recovery Act (ARRA) of 2009 or
stimulus bill to support clean diesel projects and loan
programs. Eligible projects include engine idle
reduction and retrofit technologies, engine replacement,
vehicle replacement, and clean diesel emerging
technologies. State, local governments, non-profits,
and tribal agencies can also compete for a portion of
$206 million under ARRA’s national clean diesel
funding program.
II. State Developments
Delaware
1. Climate Change: On Feb. 22, 2009, the Delaware
Energy Office of the Delaware Department of Natural
Resources and Environmental Control (DE DNREC)
opened the public comment period on the draft request
for proposal (RFP) to hire a fiscal agent for the
Delaware Sustainable Energy Utility (SEU). The SEU
is a public/private partnership created by the Delaware
Legislature on June 28, 2007, and tasked with
operating programs to deliver comprehensive end-user
energy efficiency and customer-sited renewable energy
services to households and businesses in Delaware.
Funding is achieved by leveraging public and private
funds, as well as utilizing special purpose bond
proceeds. The fiscal agent will assist with the financial
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2. RACT: On March 25, 2009, U.S. EPA published a
proposed rule (74 Fed. Reg. 12,778) proposing to
approve a District of Columbia SIP revision consisting
of a demonstration that the District meets the
reasonably available control technology (RACT)
requirements for NOx and volatile organic compounds
(VOCs). The SIP revision demonstrates that all
requirements for RACT are met through either:
(1) certification that previously adopted RACT
controls in the District’s SIP that were approved by
U.S. EPA under the 1-hour ozone standard are based
on the currently available, technically and economically
feasible controls, and that they continue to represent
RACT for 8-hour ozone implementation purposes,
and (2) a negative declaration demonstrating that no
facilities exist in the District for the applicable control
technology guidelines category. Comments were due
April 24, 2009.
impacts on Delaware citizens. Public hearings were
held March 4, 5, and 9, 2009, and comments were
due March 12, 2009.
On March 20, 2009, DE DNREC’s Acting Secretary
David S. Small announced that Delaware will receive
$2.88 million from the Regional Greenhouse Gas
Initiative (RGGI) auction of CO2 emissions allowances
held March 18, 2009. Pursuant to legislation passed in
2008, 65 percent of the auction proceeds will be
directed to the SEU, 15 percent of the auction
proceeds will be directed to low income consumers,
10 percent will be used for GHG reduction projects in
Delaware, and the remaining 10 percent may be used
to administer RGGI and climate change programs
within DE DNREC. All of Delaware’s allowances for
the 2009 vintage were sold at a clearing price of $3.51
per allowance. In a parallel offering, Delaware sold
66,698 allowances for the second 3-year control
period beginning in 2012 for $3.05 per allowance. The
next auction is scheduled for June 17, 2009.
Maryland
1.Climate Change: The Maryland Legislature passed
the Greenhouse Gas Reduction Act of 2009, House
Bill 315, and the governor signed the bill on May 7,
2009. The legislation requires Maryland to reduce
GHG emissions by 25 percent from 2006 levels by
2020 and directs the Maryland Department of the
Environment (MDE) to finalize regulations by 2012 to
achieve those reductions. The legislation expands upon
RGGI by addressing emissions from industrial sources
as well as utilities. The 25 percent reduction
requirement will be met half-way by programs in place,
which once fully implemented, will reduce emissions by
over 12 percent by 2012. These programs include a
10 percent energy reduction in state buildings from
2005 levels, the Clean Cars Act, the Healthy Power
Act, and RGGI. Last year, the Maryland legislature
failed to pass climate change legislation. Legislation
considered in 2008 would have mandated a
90 percent reduction by 2050. This year’s legislation is
an outgrowth of stakeholder work groups that included
representatives from labor, manufacturing,
transportation, and environmental advocates.
2. NAAQS: On April 6, 2009, U.S. EPA published a
correcting amendment (74 Fed. Reg. 15,477) to its
notice of adequacy pertaining to the 2008 Reasonable
Further Progress Plan for the Delaware portion of the
Philadelphia-Wilmington-Atlantic City 8-hour ozone
nonattainment area (NAA) motor vehicle emission
budgets. The amendment corrects a table in the notice
of adequacy. The amendment took effect April 6,
2009.
On April 17, 2008, U.S. EPA published a final rule
(74 Fed. Reg. 17,771) announcing updates to
materials submitted by Delaware that are incorporated
by reference into the Delaware state implementation
plan (SIP). Under the “good cause” exemption in
Section 553(b)(3)(B) of the Administrative Procedures
Act, the final rule took effect immediately on April 17,
2009.
District of Columbia
1. NAAQS: On March 19, 2009, U.S. EPA published
a final rule (74 Fed. Reg. 11,664) announcing updates
to materials submitted by the District of Columbia that
are incorporated by reference into the District’s SIP.
The final rule took effect immediately.
On April 8, 2009, the Maryland Legislature passed the
budget, including a provision redirecting revenue
received by the state from the sale of allowances under
RGGI away from energy efficiency and towards
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quality permit to construct for synthetic minor permits
without expanded public review and promised a
4-month turnaround time for those permit applications.
In addition, the MDE reduced the turnaround time for
renewals of Part 70 (Title V) permits to operate from
18 months to 12 months.
helping low-income families pay for energy bills. The
new budget reduces funding for energy efficiency and
renewable energy from approximately $65 million to
$30 million. The bill takes effect July 1, 2009.
2. NAAQS: On March 19, 2009, U.S. EPA published
a final rule (74 Fed. Reg. 11,647) announcing updates
to the materials submitted by Maryland that are
incorporated by reference into the Maryland SIP. The
final rule took effect immediately.
Pennsylvania
1. Mobile Sources: The Pennsylvania Department of
Environmental Protection (PA DEP) has also
announced that one of the Pittsburgh public schools
largest school bus contractors is retrofitting fifty older
buses to reduce diesel emissions and limit children’s
exposure to potentially harmful pollution. The buses
will be equipped with exhaust filters and enclosed
crankcases to cut exhaust up to 90 percent and
prevent seepage into the cabins. The first year of the
program is being funded with grants. After the first
year, contractors must start paying $300 to $500 per
bus for yearly cleaning of filters.
On March 25, 2009, U.S. EPA published a proposed
rule (74 Fed. Reg. 12,777) and a direct final rule
(74 Fed. Reg. 12,556) to approve a Maryland SIP
revision pertaining to Maryland’s major source VOC
RACT regulation and minor source VOC
requirements. U.S. EPA is converting the conditional
limited approval status of Maryland’s VOC RACT
regulation to a full approval because U.S. EPA has
approved all of the case-by-case RACT
determinations submitted by Maryland pursuant to the
generic provisions of its VOC RACT regulation as well
as all of the RACT requirements for categories of
VOC sources submitted by Maryland in accordance
with the requirements of the Clean Air Act. Because
U.S. EPA did not receive adverse written comment by
April 24, 2009, the rule automatically takes effect
May 26, 2009.
On March 13, 2009, the PA DEP awarded grants to
three regional air quality organizations to help the
trucking industry comply with Pennsylvania’s anti-idling
law, the Diesel-Powered Motor Vehicle Idling Act. The
law was signed in October 2008 by Pennsylvania’s
Governor and restricts heavy-duty diesel vehicles from
idling more than 5 minutes in any continuous 60-minute
period. The law took effect Feb. 6, 2009.
On March 27, 2009, U.S. EPA published notices of
adequacy (74 Fed. Reg. 13,433) announcing that the
Agency has found that the motor vehicle emissions
budgets (MVEBs) in the Reasonable Further Progress
(RFP) Plans submitted by Maryland on June 4, 2007,
for the Baltimore and the Maryland portion of the
Philadelphia-Wilmington-Atlantic City 8-hour ozone
nonattainment areas (NAAs) are adequate for
transportation conformity purposes. As a result of
U.S. EPA’s finding, Maryland must use the MVEBs
from the RFP Plans for future transportation conformity
determinations for the 8-hour ozone standard. The
MVEBs took effect April 13, 2009.
2. NAAQS: On Feb. 13, 2009, PA DEP announced a
series of public meetings to hear comments on
proposed air quality designations for Pennsylvania
counties. Based on 2006-2008 air quality data, PA
DEP is proposing that the following counties be
designated nonattainment for the 8-hour ozone
standard: Adams, Allegheny, Armstrong, Beaver,
Berks, Butler, Carbon, Chester, Cumberland, Dauphin,
Delaware, Erie, Fayette, Greene, Indiana, Lancaster,
Lebanon, Lehigh, Mercer, Monroe, Montgomery,
North Hampton, Perry, Philadelphia, Washington,
Westmoreland, and York. PA DEP is proposing that
boundaries for the designated areas generally follow
metropolitan area and county boundaries, similar to the
approach used for designated areas under the 1997 8hour ozone National Ambient Air Quality Standard
3. Permitting: The MDE has completed its annual
review of permit application turnaround times and has
changed the turnaround times for several permit types
for 2009. The MDE added a new category of air
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(NAAQS). Public meetings were held March 3 and 4,
2009, and comments were due March 6, 2009.
declaration on climate change with Germany. The
declaration does not set GHG emission reduction caps
but commits each government to “combating the
effects of climate change.” Under the declaration, both
governments pledge to exchange data and best
practices on market-based emissions trading systems.
They further agree to joint development and
application of solar photovoltaic, offshore wind, and
geothermal energy technologies. They also agree to
work together on advancing research on clean
combustion technologies. Virginia has not committed to
GHG emission reduction goals but has a Climate
Change Action Plan that calls for GHG reductions of
25 percent from 1990 levels by 2020 and 80 percent
by 2050 and the establishment of a mandatory
economy-wide cap-and-trade program.
On March 19, 2009, U.S. EPA published final rules
approving Pennsylvania’s request that the Greene
County (74 Fed. Reg. 11,671) and the Clearfield and
Indiana Counties (74 Fed. Reg. 11,674) ozone NAAs
be redesigned as attainment for the 1997 8-hour ozone
NAAQS. U.S. EPA is also approving the associated
maintenance plans and 2002 base-year inventories for
the two areas. In addition, U.S. EPA is approving the
adequacy determinations for the MVEBs that are
identified in the maintenance plans for purposes of
transportation conformity and is approving those
MVEBs. The final rule took effect April 20, 2009.
On March 25, 2009, U.S. EPA published a final rule
(74 Fed. Reg. 13,014) updating the materials
submitted by Pennsylvania that are incorporated by
reference into the Pennsylvania SIP. The final rule took
effect immediately.
2. NAAQS: On March 19, 2009, U.S. EPA published
a proposed rule (74 Fed. Reg. 11,702) proposing to
approve Virginia’s SIP revision demonstrating that the
Virginia portion (Cities of Alexandria, Fairfax, Falls
Church, Manassas, and Manassas Park; Counties of
Arlington, Fairfax, Loudoun, and Prince William) of the
Washington, DC-MD-VA Area meets the requirements
of RACT for NOx and VOCs. The SIP revision
demonstrates that all requirements for RACT are met
either through: (1) certification of previously adopted
RACT controls in Virginia’s SIP that were approved
by U.S. EPA under the 1-hour ozone NAAQS are
based on the currently available, technically and
economically feasible controls, and that they continue
to represent RACT for 8-hour ozone implementation
purposes, (2) a negative declaration demonstrating that
no facilities exist in the Virginia portion of the
Washington, DC-MD-VA Area for certain control
technology guidelines categories, and (3) a new RACT
determination for a specific source. Comments were
due April 20, 2009.
On April 29, 2009, U.S. EPA published a proposed
rule (74 Fed. Reg. 19,471) and a direct final rule
(74 Fed. Reg. 19,451) to approve SIP revisions
establishing transportation conformity requirements.
The SIP revision consists of eighteen executed
memoranda of agreement (MOAs) with the various
Metropolitan Planning Organizations and Rural
Planning Organizations in Pennsylvania. The MOAs
address the three provisions of the federal rule required
under the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act: A Legacy for Users and
include consultation procedures, certain control
measures, and mitigation measures. Unless U.S EPA
receives adverse written comment by May 29, 2009,
the final rule automatically takes effect June 29, 2009.
3. Regulations and Guidance: On April 4, 2009,
PA DEP published in the Pennsylvania Bulletin a
proposed regulation pertaining to VOC emissions from
adhesives, sealants, primers, and solvents. The public
comment period closes June 8, 2009.
On March 19, 2009, U.S. EPA published a final rule
(74 Fed. Reg. 11,661) approving Virginia’s SIP
revision pertaining to amendments of Virginia’s open
burning regulation. The final rule took effect April 20,
2009.
Virginia
On March 25, 2009, U.S. EPA published a proposed
rule (74 Fed. Reg. 12,775) and a direct final rule
(74 Fed. Reg. 12,572) approving Virginia SIP
1. Climate Change: On April 29, 2009, Virginia
Gov. Tim Kaine signed a transatlantic bilateral
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4. Regulations: The agenda for the April 24, 2009
meeting of the Virginia Air Pollution Control Board
included the following regulations and petition:
(1) proposed consumer and commercial products
regulations, (2) final permit actions before the board,
(3) final ambient air quality standards for lead, and
(4) an opacity petition. First, the proposed consumer
and commercial products regulations are intended to fill
the gap between the 8-hour ozone NAAQS and actual
air quality for the Northern Virginia, Fredericksburg
and Spotsylvania County, and Richmond areas. The
proposed regulations would expand the applicability of
the regulations into the Richmond VOC Emissions
Control Area and add a temporary exemption for one
of the product categories for VOC emissions from
adhesives, adhesive primers, sealants, and sealant
primers. The proposed action would also modify many
of the compliance dates. In addition, the proposed
regulations would establish new standards for portable
fuel containers, architectural and industrial maintenance
coating, adhesives and sealants, asphalt paving
operations, and mobile equipment repair and refinishing
operations. Second, the regulation pertaining to permit
actions before the board is a request for board action
on exempt final regulations to correct the public
participation language for sources subject to minor new
source review (NSR). The minor source regulatory
language is contrary to the Virginia Code and currently
provides that permit applications for all sources subject
to the minor NSR program meet the public
participation requirement that extends the public
comment for 15 days beyond the date of the public
hearing. However, the Virginia Code limits these
requirements to permit applications for major
stationary sources and major modifications. Because
permit applications for sources subject to the minor
NSR program are not subject to the public
participation requirements of the Virginia Code, the
regulatory language is being corrected. Third, the lead
ambient air quality standards regulation updates the
Virginia standard to be consistent with U.S. EPA’s new
lead NAAQS of 0.15 :g/m3. Finally, the opacity
petition seeks to revise the opacity standard for
Northern Virginia from 20 percent to at least
10 percent. The Metropolitan Washington Air Quality
Committee and City of Alexandria support the petition,
while VA DEQ and industry oppose the petition.
revisions pertaining to a state operating permit
containing terms and conditions for the control of VOC
emissions from Reynolds Consumer Products
Company’s facility in Richmond, Virginia. The SIP
revision is for the purpose of meeting the requirements
for RACT in order to implement the maintenance plan
for the Richmond 8-hour ozone maintenance area.
Because U.S. EPA did not receive adverse written
comment by April 24, 2009, the rule automatically
takes effect May 26, 2009.
On May 12, 2009, the Virginia Department of
Environmental Quality (VA DEQ) opened a public
comment period on a proposed SIP revision pertaining
to the definition of volatile organic compound. The
proposed revision will make the state regulations
consistent with the 2007 amendments to the federal
regulations excluding a compound known as
(1) 1,1,1,2,2,3,4,5,5,5-declafluoro-3-methoxy-4trifluromethyl-pentane (HFE-7300). Because the
amendments are necessary to meet the requirements of
the federal Clean Air Act and do not differ materially
from the pertinent U.S. EPA regulations, the state
regulations are exempt from the state administrative
procedures for adoption of regulations. Further,
because the amendments are exempted from
administrative procedures for the adoption of
regulations, VA DEQ is seeking public comment only
on the issue of whether the regulations should be
submitted as a revision to the SIP and not on the
content of the amendments themselves.
3. Permitting: On March 30, 2009, VA DEQ opened
the public comment period on a notice of intended
regulatory action (NOIRA) pertaining to a biomass
energy generator general permit. The purpose of the
proposed action is to develop a general permit
applicable to emissions units that meet the requirements
of a qualified energy generator. Under Virginia law,
such sources generate no more than 5MW of
electricity or produce the equivalent amount of energy
in the form of fuel, steam, or other energy product, and
energy is generated or produced from biomass and
sold to unrelated persons or used in a manufacturing
process. VA DEQ will form technical advisory
committee to assist in the development of the proposal.
The comment period closed April 29, 2009.
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VA DEQ opposes the petition on the grounds that
Virginia already complies with the PM2.5 NAAQS and
VA DEQ budgetary constraints.
delegation of the following area sources: clay ceramics
manufacturing; primary copper smelting; secondary
copper smelting; primary nonferrous metals—zinc,
cadmium, and beryllium; carbon black production;
chemical manufacturing; chromium compounds; glass
manufacturing; and electric arc furnace steel making
facilities—stainless and non-stainless steel
manufacturing.
West Virginia
1. Air Toxics: The West Virginia Department of
Environmental Protection (WV DEP) has addressed
area source maximum achievable control technology
(MACT), rejecting, accepting, and seeking delegation
status for various area sources. The WV DEP
rejected delegation status for the following area source
MACT rules: gasoline distribution bulk terminal, bulk
plant and pipeline facilities; gasoline distribution,
gasoline dispensing facilities; PVC and copolymer
production; oil and natural gas production; paint
stripping operations, miscellaneous surface coating,
autobody refinishing; acrylic/modacrylic fibers
production; flexible polyurethane foam fabrication and
production; lead acid battery manufacturing; wood
preserving; national emission standards for hospital
ethylene oxide sterilizers; plating and polishing;
reciprocating internal combustion engines (RICE)—
new; steel and iron foundries; metal fabrication and
finishing: electrical and electronic equipment
manufacturing; metal fabrication and finishing:
fabricated and metal products; metal fabrication and
finishing: fabricated plate work (boiler shops); metal
fabrication and finishing: fabricated structural metal
manufacturing; metal fabrication and finishing: heating
equipment, except electric; metal fabrication and
finishing: industrial machinery and equipment
manufacturing; metal fabrication finishing: iron and steel
forging; metal fabrication and finishing: primary metal
products manufacturing; metal fabrication and finishing:
valves and pipe fittings; RICE—existing. The WV DEP
has accepted delegation of the following area sources:
hazardous waste incineration; mercury cell chlor-alkali
plants; portland cement; dry cleaning facilities; chromic
acid anodizing, decorative chromium electroplating,
hard chromium electroplating; commercial sterilization
facilities; secondary aluminum production; halogenated
solvent cleaners/degreasing organic cleaners;
publically-owned treatment works; secondary lead
smelting; municipal landfills; medical waste
incinerators—HMIWI; and other solid waste
incineration units—OSWI. The WV DEP is seeking
The WV DEP does not plan to issue guidance on the
§ 112 (j) case-by-case process with respect to the
boiler and process heater MACT in advance of
U.S. EPA. However, after discussion with U.S. EPA
Region 3, the WV DEP is finalizing a permit condition
it will be using in all of its Title V permit renewals, as
well as modifications/amendments that specifically
affect boilers or process heaters, regarding § 112(j)
Part 1 and Part 2 submittals, during the interim until
U.S. EPA issues a final rule. This language will replace
the older boiler and process heater MACT
placeholder language, and require a Part 1 § 122(j)
case-by-case submittal timed to coincide with U.S
EPA’s court-ordered deadline of July 15, 2010, for a
re-promulgated boiler and process heaters MACT.
2. Climate Change: On March 31, 2009, the
WV DEP mailed letters to all sources required to
submit a 2008 Air Emissions Inventory (AEI) report.
The AEI request letter included guidance that 2008
GHG emission reporting is mandatory for the current
reporting year (CY2008 emissions). Previously, GHG
reporting was voluntary. Pursuant to the guidance, the
deadline for submission of calendar year 2008 AEI
data is June 30, 2009, but 2009 calendar year
inventories will have an earlier AEI submittal deadline.
Pursuant to the requirements of 45 CSR 42,
“Greenhouse Gas Emissions Inventory Program,” the
WV DEP is now requiring that sources provide
emissions data for six categories of GHG pollutants,
(carbon dioxide, methane, nitrous oxide,
hydroflurocarbons, perfluorocarbons, and sulfur
hexafluoride), as listed in Rule 42. The WV DEP will
conduct an AEI workshop May 22, 2009.
On March 30, 2009, Alstom and Dow Chemical
announced a project to install a CO2 scrubber system
on coal-fired boiler at Dow’s South Charleston Plant.
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The system will use advanced amine-based scrubbing
technology and operate under low pressure. The
system is expected to capture 1,800 tons/yr of CO2
and should be operational at the earliest by late July.
The project does not address storage of carbon. If
successful, the companies plan to ramp up the system
to capture carbon emissions at Europe’s largest coalfueled thermal power station in Poland.
air-related rules: 45 CSR 16, “Standards of
Performance for New Stationary Sources”; 45 CSR 1,
“Control and Reduction of Nitrogen Oxides from
Non-Electric Generating Units as a Means of
Mitigating the Transport of Ozone Precursors”; 45
CSR 8, “Ambient Air Quality Standards”; 45 CSR 13,
“Permit 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 Procedure for
Evaluation”; 45 CSR 14, “Permits for Construction
and Major Modification of Major Stationary Sources
of Air Pollution for the Prevention of Significant
Deterioration”; 45 CSR 25, “Control of Air Pollution
from Hazardous Waste Treatment, Storage and
Disposal Facilities”; 45 CSR 26, “NOx Budget Trading
Program as a Means of Control and Reduction of
Nitrogen Oxides from Electric-Generating Units”;
45 CSR 34, “Emission Standards for Hazardous Air
Pollutants”; and 45 CSR 37, “Mercury Budget Trading
Program to Reduce Mercury Emissions.”
3. NAAQS: On March 25, 2009, U.S. EPA published
a proposed rule (74 Fed. Reg. 12,776) and a direct
file rule (74 Fed. Reg. 12,560) approving a West
Virginia SIP revision consisting of amendments to the
control of air pollution from combustion of refuse.
Specifically, the West Virginia SIP revision consists of
amendments to 45 CSR 6, which establishes emission
standards for particulate matter and requirements for
activities involving incineration of refuse, which are not
subject to, or are exempted from, regulation under
various federal counterpart regulations for specific
combustion source categories. The SIP revision
prohibits, with limited exception, open burning and sets
forth the registration, permitting, reporting, testing,
emergency, natural disaster, and exemption provisions
for activities involving the combustion of refuse and
land clearing debris. The SIP revision does not prohibit
bond fires, camp fires, or other forms of open burning
for the purposes of a personal enjoyment and comfort.
The SIP revision has new provisions for open burning
or incineration of animal or poultry carcasses during a
declared state of emergency involving highly contagious
animal or poultry disease and a new provision for
prescribed burning as approved by the West Virginia
Division of Forestry. The SIP revision also has revised
language and a new definition for pathological waste
incinerators burning at least 90 percent pathological
waste, which are exempted from 45 CSR 18. Other
revisions to the rule include a revised title, addition of
new language for posted incinerator operating
instructions, a new exemption section, and general
language clarification and correction. Unless U.S. EPA
received adverse written comment by April 24, 2009,
the rule automatically takes effect May 26, 2009.
5. Permitting: On March 19, 2009, the WV DEP
opened the comment period on its Class I G65-C and
Class II G60-C general permits for the construction,
modification, relocation of, and operation of
emergency generators pursuant to Rule 35 CSR 13.
The WV DEP has revised both general permits to
incorporate the New Source Performance Standards
of 40 C.F.R. 60, Subpart JJJJ - Standards for
Performance for Stationary Spark Ignition Internal
Combustion Engines. Comments were due April 20,
2009.
4. Regulations: The West Virginia Legislature passed,
and the governor has signed, Senate Bill 153, the
bundle of environment rules that includes the following
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