wv-wv-18477: 45-34 — Emission Standards for Hazardous Air Pollutants

6/4/2026 4:43:21 PM Office of West Virginia Secretary Of State NOTICE OF PUBLIC COMMENT PERIOD AGENCY: Air Quality TITLE-SERIES: 45-34 RULE TYPE: Legislative Amendment to Existing Rule: Yes Repeal of existing rule:No RULE NAME: Emission Standards for Hazardous Air Pollutants CITE STATUTORY AUTHORITY: W. Va. Code § 22-5-4 COMMENTS LIMITED TO: Oral and Written 07/07/2026 6:00 PM DATE OF PUBLIC HEARING: LOCATION OF PUBLIC HEARING: Virtual DATE WRITTEN COMMENT PERIOD ENDS: 07/07/2026 11:59 PM COMMENTS MAY BE MAILED OR EMAILED TO: NAME: Laura Jennings Department of Environmental Protection; Division of Air Quality; 601 57th Street SE ADDRESS: Charleston, WV 25304 EMAIL: laura.m.jennings@wv.gov PLEASE INDICATE IF THIS FILING INCLUDES: No RELEVANT FEDERAL STATUTES OR REGULATIONS: (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) INCORPORATED BY REFERENCE: Yes (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) PROVIDE A BRIEF SUMMARY OF THE CONTENT OF THE RULE: The rule incorporates by reference the National Emission Standards for Hazardous Air Pollutants (NESHAPs) of 40 CFR parts 61 and 63 and 40 CFR part 65 to the extent referenced in 40 CFR parts 61 and 63. The rule adopts associated appendices, reference methods, performance specifications and other test methods which are appended to these standards and contained under 40 CFR parts 61 and 63. This rule also codifies general procedures and criteria to implement emission standards for stationary sources that emit, or have the potential to emit, one or more of the hazardous air pollutants set forth in § 112 (b) of the CAA, or one or more of the eight substances listed as hazardous air pollutants under 40 CFR § 61.01(a). SUMMARIZE IN A CLEAR AND CONCISE MANNER CONTENTS OF CHANGES IN THE RULE AND A STATEMENT OF CIRCUMSTANCES REQUIRING THE RULE: Summary of changes in the rule: Revisions to the rule include the annual incorporation by reference amendments as of June 1, 2026, by revising the IBR dates in subsections 1.6 and 4.1. The 2026 IBR updates include: (1) National Emission Standards for Hazardous Air Pollutants: Chemical Manufacturing Area Sources Technology Review; (2) National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks, and Coke Oven Batteries; Residual Risk and Technology Review, and Periodic Technology Review; (3) National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks, and Coke Oven Batteries; Rescission of Extension of Compliance Deadlines for Coke Oven Facilities; (4) National Emission Standards for Hazardous Air Pollutants: Integrated Iron and Steel Manufacturing Facilities Technology Review: Interim Final Rule; (5) National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units: Final Repeal; (6) National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units: Final Repeal; Correction; (7) Congressional Review Act Revocation of 2024 Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act; and (8) National Emission Standards for Hazardous Air Pollutants: Polyether Polyols Production Industry Review. Statement of circumstances requiring the rule: As provided in 40 CFR §§ 61.04(b) and 63.12(b)(1), section 112 of the CAA directs the Administrator of the EPA to delegate to each State, when appropriate, the authority to implement and enforce standards and other requirements pursuant to section 112 for stationary sources located in that State. Revisions to this rule are necessary to maintain consistency with current federal regulations and for West Virginia to fulfill its responsibilities under the CAA and continue to be the primary enforcement authority for the national emission standards for hazardous air pollutants promulgated by the EPA under 40 CFR parts 61 and 63. This rule is exempt from the Regulatory Moratorium of Executive Order 21-21 under condition 2(g), updating state rules to comply with federal law requirements. Determination of Stringency: Federal counterparts to the proposed rule are incorporated by reference; therefore, no determination of stringency is required. Consultation with the Environmental Protection Advisory Council: The Environmental Protection Advisory Council received a copy of the draft rule in advance of the scheduled June 3, 2026, meeting. SUMMARIZE IN A CLEAR AND CONCISE MANNER THE OVERALL ECONOMIC IMPACT OF THE PROPOSED RULE: A. ECONOMIC IMPACT ON REVENUES OF STATE GOVERNMENT: The proposed revisions to this rule should not impact revenues of state government. B. ECONOMIC IMPACT ON SPECIAL REVENUE ACCOUNTS: The proposed revisions to this rule should not impact special revenue accounts. C. ECONOMIC IMPACT OF THE RULE ON THE STATE OR ITS RESIDENTS: The proposed revisions to this rule should not impact costs of state government beyond that resulting from currently applicable federal requirements, nor should it have an economic impact on the state or its residents. D. FISCAL NOTE DETAIL: Effect of Proposal Fiscal Year 2026 2027 Fiscal Year (Upon Increase/Decrease Increase/Decrease Full (use "-") (use "-") Implementation) 1. Estimated Total Cost 0 0 0 Personal Services 0 0 0 Current Expenses 0 0 0 Repairs and Alterations 0 0 0 Assets 0 0 0 Other 0 0 0 2. Estimated Total 0 0 0 Revenues E EXPLANATION OF ABOVE ESTIMATES (INCLUDING LONG-RANGE EFFECT): The proposed revisions to this rule will have a minimal effect on the costs to the Division of Air Quality because they impose no additional requirements beyond current federal requirements. In accordance with W. Va. Code §22-1A 3(c), the Secretary has determined that this rule will not result in a taking of private property within the meaning of the Constitutions of West Virginia and the United States of America. BY CHOOSING 'YES', I ATTEST THAT THE PREVIOUS STATEMENT IS TRUE AND CORRECT. Yes Isaac Lewis Tincher --By my signature, I certify that I am the person authorized to file legislative rules, in accordance with West Virginia Code §29A-3-11 and §39A-3-2. 45CSR34 TITLE 45 LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY SERIES 34 EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS §45-34-1. General. 1.1. Scope. -- This rule establishes and adopts a program of national emission standards for hazardous airpollutantsandotherregulatoryrequirementspromulgatedbytheUnitedStatesEnvironmentalProtection Agency pursuant to 40 C.F.R. parts 61, 63 and section 112 of the federal Clean Air Act, as amended. This rule codifies general procedures and criteria to implement emission standards for stationary sources that emit (or have the potential to emit) 1 or more of the 8 substances listed as hazardous air pollutants in 40 C.F.R. § 61.01(a), or 1 or more of the substances listed as hazardous air pollutants in section 112(b) of the CAA. The Secretary hereby adopts these standards by reference. The Secretary also adopts associated reference methods, performance specifications and other test methods which are appended to these standards. 1.2. Authority. -- W.Va. Code § 22-5-4. 1.3. Filing Date. -- March 31, 2026. 1.4. Effective Date. -- June 1, 2026. 1.5. Sunset Provision. -- Does not apply. 1.6. Incorporation by Reference. -- Federal Counterpart Regulation. The Secretary has determined that a federal counterpart regulation exists, and in accordance with the Secretary’s recommendation, with limited exception, this rule incorporates by reference 40 C.F.R. parts 61, 63 and 65, to the extent referenced in 40 C.F.R. parts 61 and 63, effective June 1, 20256. §45-34-2. Definitions. 2.1. “Administrator” means the Administrator of the United States Environmental Protection Agency or his or her authorized representative. 2.2. “Clean Air Act” (“CAA”) means the federal Clean Air Act, as amended, 42 U.S.C. § 7401, et seq. 2.3. “Hazardous air pollutant” means any air pollutant listed pursuant to 40 C.F.R. § 61.01(a) or § 112(b) of the CAA. 2.4. “Secretary” means the Secretary of the Department of Environmental Protection or other person to whom the Secretary has delegated authority or duties pursuant to W.Va. Code §§ 22-1-6 or 22-1-8. 2.5. Other words and phrases used in this rule, unless otherwise indicated, shall have the meaning ascribedtothemin40C.F.R.parts61and63. Wordsandphrasesnotdefinedthereinshallhavethemeaning given to them in federal Clean Air Act. §45-34-3. Requirements. 3.1. No person may construct, reconstruct, modify, or operate, or cause to be constructed, reconstructed, modified, oroperated anysource subject to the provisions of 40 C.F.R. parts 61 and 63 which 1 45CSR34 results or will result in a violation of this rule. 3.2. No person may construct or reconstruct any major source of hazardous air pollutants, unless the Secretary determines that the maximum achievable control technology emission limitation under 40 C.F.R. part 63 and this rule for new sources will be met. 3.3. The Secretary shall determine and apply case-by-case maximum achievable control technology standardstoexistingsourcescategorizedbytheAdministratorpursuantto§112(c)(1)oftheCAAforwhich the Administrator has not promulgated emission standards in accordance with §§ 112(d) and 112(e) of the CAA. 3.4. Prior to constructing, reconstructing or modifying any facility subject to this rule, the owner or operator shall obtain a permit in accordance with the applicable requirements of 45CSR13, 45CSR14, 45CSR19, 45CSR30 and this rule. §45-34-4. Adoption of standards. 4.1. The Secretary hereby adopts and incorporates by reference the provisions of 40 C.F.R. parts 61, 63 and 65, to the extent referenced in 40 C.F.R. parts 61 and 63, including any reference methods, performance specifications and other test methods which are appended to these standards and contained in 40 C.F.R. parts 61, 63 and 65, effective June 1, 20256, for the purposes of implementing a program for emission standards for hazardous air pollutants, except as follows: 4.1.1. 40 C.F.R. §§ 61.16 and 63.15 are amended to provide that information shall be available to the public in accordance with W.Va. Code §§ 22-5-1 et seq., 29B-1-1 et seq., and 45CSR31; 4.1.2. Subpart E of 40 C.F.R. part 63 and any provision related to § 112(r) of the CAA, notwithstanding any requirements of 45CSR30 shall be excluded; 4.1.3. Subparts DDDDDD, LLLLLL, OOOOOO, PPPPPP, QQQQQQ, TTTTTT, WWWWW, ZZZZZ, HHHHHH, BBBBBB, CCCCCC, WWWWWW, XXXXXX, YYYYYY, ZZZZZZ, BBBBBBB, CCCCCCC, and DDDDDDD of 40 C.F.R. part 63 shall be excluded; and 4.1.4. Subparts B, H, I, K, Q, R, T, and W; Methods 111, 114, 115 and Appendix D and E of 40 C.F.R. part 61 shall be excluded. §45-34-5. Secretary. 5.1. Any and all references in 40 C.F.R. parts 63 and 65 to the “Administrator” are amended to be the “Secretary” except as follows: 5.1.1. Where the federal regulations specifically provide that the Administrator shall retain authority and not transfer authority to the Secretary; 5.1.2. Where provisions occur which refer to: 5.1.2.a. Alternate means of emission limitations; 5.1.2.b. Alternate control technologies; 5.1.2.c. Innovative technology waivers; 5.1.2.d. Alternate test methods; 5.1.2.e. Alternate monitoring methods; 2 45CSR34 5.1.2.f. Waivers/adjustments to recordkeeping and reporting; 5.1.2.g. Emissions averaging; 5.1.2.h. Applicability determinations; or 5.1.3. Where the context of the regulation clearly requires otherwise. §45-34-6. Permits. 6.1. Nothing contained in this rule shall be construed or inferred to mean that permit requirements in accordance with applicable rules shall in any way be limited or inapplicable. §45-34-7. Inconsistency between rules. 7.1. In the event of any inconsistency between this rule and any other rule of the Division of Air Quality, the inconsistency shall be resolved by the determination of the Secretary and the determination shall be based upon the application of the more stringent provision, term, condition, method or rule. 3