At the Skyview meeting in Morgantown, Bill Hughs of WCAG said that attempts to have air emissions from aggregated sources from drilling sites properly monitored under WVDEP's rules have repeatedly failed. In fact, their lawyers blocked any such requests.
WVDEP's rules need to be changed. An opportunity to request changes is coming up as shown below.
-Jonathan
-------- Original Message -------- Subject: DEP Public Notice - 2012 Proposed Air Rules AvailaHearing Set Date: Mon, 13 Jun 2011 16:49:39 -0400 From: dep.online@wv.gov To: freesource@cheat.org
The following was sent to you because you are a Member of the DEP Public Notice mailing list. =========================================================== Monday, June 13, 2011 @ 4:49 PM ===========================================================
2012 Proposed Air Rules Hearing Set and Rules Available on DEP Website for Review
The West Virginia Division of Air Quality has scheduled a public hearing on July 11, 2011 for its 2012 proposed legislative rules, which will take place at the Division of Environmental Protection’s Charleston headquarters, 601 57th Street S.E., Charleston, WV 25304. Oral and written comments will be limited to the proposed revisions and will be made a part of the rulemaking record. Copies of the rules are available from the Secretary of State’s office or from the DEP at http://www.dep.wv.gov/pio/Pages/Rules.aspx. You may also obtain hard copies of the information by calling the phone number listed below.
Written comments may be submitted to the Public Information Office at the above address. Comments may also be e-mailed to dep.comments@wv.gov. The hearing dates, locations and comment deadlines are as follows:
Division of Air Quality 45CSR8 – Ambient Air Quality Standards 45CSR14 – Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration 45CSR16 – Standards of Performance for New Stationary Sources 45CSR18 - Control of Air Pollution from Combustion of Solid Waste 45CSR19 – Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution Which Cause or Contribute to Nonattainment 45CSR25 – Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities 45CSR30 – Requirements for Operating Permits 45CSR34 – Emission Standards for Hazardous Air Pollutants 45CSR35 – Requirements for Determining Conformity of General Federal Actions to Applicable Air Quality Implementation Plans (General Conformity) 45CSR42 – Greenhouse Gas Emissions Inventory Program
The public hearing for all air quality rules will take place beginning at 6 p.m. on July 11, 2011 in the Dolly Sods Conference Room. The comment period will begin on June 10, 2011 and end at the conclusion of the public hearing on July 11, 2011. Upon authorization and promulgation of revisions to 45CSR8, 45CSR14, 45CSR19 and 45CSR35, the DAQ will submit the rules to the U.S. Environmental Protection Agency as revisions to the State Implementation Plan pursuant to the federal Clean Air Act. Upon authorization and promulgation of revisions to 45CSR18, the DAQ will submit the final rule to the U.S. EPA for approval as a part of West Virginia’s Section 111(d)/129 Plan and program delegation of the federal New Source Performance Standards. Rules 45CSR16, 45CSR25 and 45CSR34 will be submitted to EPA to fulfill other federal obligations under the Clean Air Act, including delegations, plans and program approvals. Upon authorization and promulgation of 45CSR30, the rule will be submitted to the U.S. Environmental Protection Agency as a revision to the State’s Operating Permit Program under Title V of the federal Clean Air Act. Rule 45CSR42 is proposed to be repealed.
For more information on any of the DAQ rules call 304-926-0475.
=========================================================== To view past notices of open public comment periods or to unsubscribe from this Mailing List, login at: http://apps.dep.wv.gov//MLists2/
Please note, comments at the hearing will only be accepted on the rule changes already proposed by DEP. I have draft copies of those rules if anyone wants to review them.
Below is a set of questions I sent to Don Garvin and Larry Harris for the DEP Advisory Board meeting June 1. Most of the rule changes being proposed for air have very little impact and are minor clean-up and updating to meet EPA requirements. I suggest that, if it is possible to do anything, 45-CSR-14 and 45-CSR-30 would be the only relevant opportunities.
JBK
"James Kotcon" jkotcon@wvu.edu 5/31/2011 3:03 PM >>>
I was working on a set of comments this weekend, but the weekend screwed with my internal timing, I assumed that Wednesday was a long ways off, but now it is tomorrow. I have pretty detailed comments on some of these at home, but you will need these before then, so in lieu of complete comments, here are some questions to ask regarding the key highlights.
1. 33-20 Hazardous waste management. The rule adds a requirement for certain RCRA facilities to conduct a "pre-application" public meeting, but specifically exempts them from doing public notice and hearing at the application stage. For the public to make meaningful comments on a facility, they need a lot of the detailed information that only comes with the permit application. While I support early input, to be useful, it must be based on complete information. Why not include public hearing requirements at the application stage?
2. 45-14. PSD Construction Permits. Do the terms" 2.9 "Baseline Area" and 2.42 "Baseline Date" have any application outside of the Plantwide Applicability Limitations (PALs)? I don't seem to see them used anywhere else. How many facilities in West Virginia currently have PALs in their permits? Wouldn't it make a lot more sense to get rid off these PALs? How would this apply to something like the TransGas Coal-to-Liquids plant in Mingo County?
3) 45-18. Solid Waste Incinerators. This rule is extensively re-written and appears to open the door to out-of-state garbage incinerators. How do the changes weaken the rule and do they preserve the earlier legislative intent to prohibit such technologies?
4) 45-30. Operating permits. What is an "Alternative Operating Scenario" (Section 2.6)? Why is this needed, and how would the agency enforce this (e.g., section 5.1)?
Section 2.8. What is an "Approved Replicable Methodology"? Why is this needed and how would the agency enforce it? Would there be opportunities for public comment on either of these should an applicant choose to adopt them?
Section 2.43 defines "Subject to Regulation" but then exempts greenhouse gases under a wide range of scenarios (Act of Congress, Court Order, etc.). Why is this langauge included for greenhouse gases, and not for other pollutants subject to regulation? How do the reporting requirements under Title V compare to those in the rule being proposed for deletion (45-42)?
Table 45-30C. Why is this Table being deleted? Where did it come from and to what does it refer? It does not seem to be referenced anywhere else in the rule?
5) 45-42. To what extent is West Virginia going backwards by deleting this rule and relying solely on the federal counterpart? The goal needs to be to develop greenhouse gas monitoring, control, and emissions reductions, and almost every other state in the Northeast is ahead of West Virginia in this regards. Will DEP be pursuing additional greenhouse gas controls in the next legislative session?
Hope these help. I will have more detailed comments later, but the answers to these five questions would be appreciated.
Jim Kotcon
Jonathan Rosenbaum freesource@cheat.org 6/14/2011 1:54 PM >>>
At the Skyview meeting in Morgantown, Bill Hughs of WCAG said that attempts to have air emissions from aggregated sources from drilling sites properly monitored under WVDEP's rules have repeatedly failed. In fact, their lawyers blocked any such requests.
WVDEP's rules need to be changed. An opportunity to request changes is coming up as shown below.
-Jonathan
-------- Original Message -------- Subject: DEP Public Notice - 2012 Proposed Air Rules AvailaHearing Set Date: Mon, 13 Jun 2011 16:49:39 -0400 From: dep.online@wv.gov To: freesource@cheat.org
The following was sent to you because you are a Member of the DEP Public Notice mailing list. =========================================================== Monday, June 13, 2011 @ 4:49 PM ===========================================================
2012 Proposed Air Rules Hearing Set and Rules Available on DEP Website for Review
The West Virginia Division of Air Quality has scheduled a public hearing on July 11, 2011 for its 2012 proposed legislative rules, which will take place at the Division of Environmental Protection’s Charleston headquarters, 601 57th Street S.E., Charleston, WV 25304. Oral and written comments will be limited to the proposed revisions and will be made a part of the rulemaking record. Copies of the rules are available from the Secretary of State’s office or from the DEP at http://www.dep.wv.gov/pio/Pages/Rules.aspx. You may also obtain hard copies of the information by calling the phone number listed below.
Written comments may be submitted to the Public Information Office at the above address. Comments may also be e-mailed to dep.comments@wv.gov. The hearing dates, locations and comment deadlines are as follows:
Division of Air Quality 45CSR8 – Ambient Air Quality Standards 45CSR14 – Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration 45CSR16 – Standards of Performance for New Stationary Sources 45CSR18 - Control of Air Pollution from Combustion of Solid Waste 45CSR19 – Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution Which Cause or Contribute to Nonattainment 45CSR25 – Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities 45CSR30 – Requirements for Operating Permits 45CSR34 – Emission Standards for Hazardous Air Pollutants 45CSR35 – Requirements for Determining Conformity of General Federal Actions to Applicable Air Quality Implementation Plans (General Conformity) 45CSR42 – Greenhouse Gas Emissions Inventory Program
The public hearing for all air quality rules will take place beginning at 6 p.m. on July 11, 2011 in the Dolly Sods Conference Room. The comment period will begin on June 10, 2011 and end at the conclusion of the public hearing on July 11, 2011. Upon authorization and promulgation of revisions to 45CSR8, 45CSR14, 45CSR19 and 45CSR35, the DAQ will submit the rules to the U.S. Environmental Protection Agency as revisions to the State Implementation Plan pursuant to the federal Clean Air Act. Upon authorization and promulgation of revisions to 45CSR18, the DAQ will submit the final rule to the U.S. EPA for approval as a part of West Virginia’s Section 111(d)/129 Plan and program delegation of the federal New Source Performance Standards. Rules 45CSR16, 45CSR25 and 45CSR34 will be submitted to EPA to fulfill other federal obligations under the Clean Air Act, including delegations, plans and program approvals. Upon authorization and promulgation of 45CSR30, the rule will be submitted to the U.S. Environmental Protection Agency as a revision to the State’s Operating Permit Program under Title V of the federal Clean Air Act. Rule 45CSR42 is proposed to be repealed.
For more information on any of the DAQ rules call 304-926-0475.
=========================================================== To view past notices of open public comment periods or to unsubscribe from this Mailing List, login at: http://apps.dep.wv.gov//MLists2/
-
James Kotcon -
Jonathan Rosenbaum