- - 

Executive Ofice 

601 5? Street SE 

Charleston, WV 25304 

west virglniu department of environmental protection 

Joe Manchin 111, Governor 

Randy C. Huffman, Cabinet Secretary 

www.wvdep.org 

March 18,2010 

Mr. Shawn M. Garvin 

Regional Administrator 

U.S. EPA, Region I11 (3RA00) 

1650 Arch Street 

Philadelphia, PA 19 103-2029 

RE: Withdrawal of Clean Air Act Section 11 O(a)(2)(A)-(M) Requirements for the 2008 

8-Hour Ozone NAAQS from the West Virginia State Implementation Plan 

Dear Administrator Garvin: 

With a letter dated October 1,2009, the State of West Virginia submitted to U.S. EPA a 

revision to the State Implementation Plan (SIP) to satisfjr state requirements for ozone and fine 

particulate obligations under Clean Air Act Section 1 lO(a)(2)(A)-(M). This SIP revision 

demonstrated that West Virginia has adequate resources and authority to implement the 2006 

PM,,, National Ambient Air Quality Standards (NAAQS) and the 2008 8-hour ozone NAAQS. 

EPA announced reconsideration of the 2008 primary and secondary ozone standards 

on September 16,2009. The agency then proposed a more stringent primary standard on 

January 19,20 10. Subsequently, EPA Region 111 staff advised the West Virginia Division 

of Air Quality that the submitted Section 1 1 O(a)(2)(A)-(M) requirements for the 2008 8-hour 

ozone NAAQS may not be approvable into the SIP because the ozone standards are under 

reconsideration. The staff suggested that our agency withdraw the request for approval of the 

Section 1 10 requirements for the 2008 8-hour ozone NAAQS from the original SIP submittal. 

Therefore, West Virginia requests a withdrawal of the Section 1 1 O(a)(2)(A)-(M) 

requirements for the 2008 8-hour ozone NAAQS submitted on October 1,2009. Accordingly, 

the State also withdraws its request for SIP approval of these elements. This action would leave 

in place the submitted requirements for the 2006 PM,, NMQS. Please find enclosed a strikethroughlunderline document specifically identifling the 2008 8-hour ozone portions of the 

October 1,2009 SIP submission, which relate to West Virginia's withdrawal request. West 

Virginia requests that EPA approve the remaining portion of the SIP submittal, which pertains to 

the State's compliance with Section 1 lO(a)(2)(A)-(M) for the 2006 PM,,, NAAQS. 
Letter to Shawn M. Garvin 

Page 2 

March 18,20 10 

If you have any questions regarding this request, or require additional information, please 

contact John A. Benedict, Director of the Division of Air Quality at (304) 926-0462. 

Sincerely, 

Cabinet Secretary 

RC Wj lrn 

Enclosures 

cc: David L. Arnold (3AP00) 

John A. Benedict 
dep 

west virginia department of environmental protection 

Final West Virginia 

State Implementation Plan Revision for 

Clean Air Act Section 1 lO(a)(2)(A)-(M) Requirements 

For Qimwsmd Fine Particulates 

October 1,2009 

West Virginia Division of Air Quality 

601 57th Street, SE 

Charleston, W.Va. 25304 

Promoting a healthy environment 

Final West Virginia State Implementation Plan Revision for 

Clean Air Act Section llO(a)(2)(A)-(M) Requirements for Omae-md Fine Particulates 

A State Implementation Plan (SIP) is a plan for each state that identifies how that state will attain and/or maintain the primary and secondary 

National Ambient Air Quality Standards (NAAQS). The SIP is a complex, fluid document containing regulations, source-specific 

requirements, non-regulatory items such as plans and inventories, and in some cases additional requirements promulgated by the U.S. 

Environmental Protection Agency (EPA). The initial SIPs for states were approved by EPA on May 3 1, 1972. SIPs can be revised by the state 

with EPA approval as necessary. The federally enforceable SIP for West Virginia is compiled in 40 CFR Part 52, Subpart XX. In this revision 

v. 

to the SIP, West Virginia is demonstrating that it has adequate resources and authority to implement the 2006 PM2.5 NAAQS aa&h&WW 

Additionally, the state is supplementing its existing Section 1 1 O(a)(2)(A)-(M) infiastructure SIP for the 1997 PM2.5 and 

8-hour ozone NAAQS, only with respect to the enforcement authority requirements under CAA Section 1 10(a)(2)(C). 

This SIP revision addresses requirements of Section 1 1 O(a)(2)(A)-(M) of the Clean Air Act (CAA) many of which have been addressed in 

NtMQS 

enforced 

West 

other 

Virginia 

SIP revisions. 

(and with respect to CAA Section 

in West 

will 

Virginia. The elements 

continue to comply with the Section 

It is a compilation of 

of 

elements that demonstrate how the 2006 

1 1 

this SIP revision, 

O(a)(2)(C), 

1 10(a)(2) 

the 1997 

once 

requirements 

ozone 

approved 

and 

by 

fine particle NAAQS) are being implemented, maintained and 

of 

EPA, 

the 

fine 

will 

CAA. 

particulate 

provide 

(PM2.5) 

a federally enforceable compilation of how 

5 

In 1961, the State Legislature passed the Air Pollution Control Law of West Virginia, making West Virginia the sixteenth state to have a 

statewide air pollution control law. The law provided for a separate state agency composed of a seven member Commission, a Director and 

staff. The powers, authorities and funding of the original Commission were subsequently conveyed to the Office of Air Quality and then to 

the Division of Air Quality (DAQ) within the West Virginia Department of Environmental Protection (DEP). Staffing, funding and legal 

authorities now incorporate over 90 full time staff, with a multi-million dollar annual budget and over 40 legislative rules. DAQ has a variety 

of substantial funding sources, including constructionlmodification permit fees, Title V operating permit fees, non-Title V operating fees, 

general State revenue and federal grant monies. The agency has demonstrated the ability to implement state and federal requirements for 

nearly fifty years as most recently evidenced by federally approved 1997 ozone standard maintenance SIPs, submitted infiastructure SIPs for 

the 1997 ozone and fine particle standards (which EPA has found complete) and EPA approved state adoption of the federal Clean Air 

Interstate Rule (CAIR). Legislative authority for the West Virginia air quality program relating to the responsibilities in the Clean Air Act is 

codified in the West Virginia Air Pollution Control Act, W.Va. Code $22-5, more specifically $22-5- 1, which gives West Virginia the 

primary responsibility for assuring air quality pursuant to the CAA. 

Many elements of Section 1 1 O(a)(2)(A)-(M) already exist in the approved SIP or recently submitted SIP revisions for other NAAQS. This SIP 

revision may reiterate and/or reinforce some of these previously submitted and/or approved elements. 

Some requirements, such as those for intergovernmental consultation, air quality modeling and compliance with part D of the CAA, are 

fulfilled during the development and submission to EPA, as a SIP revision, of attainment plans and related requirements due under Subpart 1 

and, in the case of ozone, Subpart 2 of the CAA. 
Section 

110(a) element The implementation plan shall: 

include enforceable emission 

limitations and other control 

measures, means, or techniques 

(including economic incentives 

such as fees, marketable permits, 

and auctions of emissions rights), 

as well as schedules and 

timetables for compliance as may 

be necessary or appropriate to 

meet the applicable requirements 

of this Act. 

West Virginia Implementation 

Enforceable Emission Limitations: 

45CSR2 - This SIP approved rule (68FR47473) establishes emission limitations for 

smoke and particulate matter which are discharged from fuel burning units. 

45CSR3 - The purpose of this SIP approved rule (67FR63270) is to establish 

particulate matter emission limitations for hot mix asphalt plants and the plant property. 

45CSR5 - The purpose of this SIP approved rule (67FR62379) is to prevent and control 

air pollution from the operation of coal preparation plants, coal handling operations and 

coal refuse disposal areas. 

45CSR6 - This SIP approved rule (74FR12560) 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 a federal counterpart for 

specific combustion sources. 

45CSR7 - The purpose of this SIP approved rule (50FR26732) is to control particulate 

matter air pollution from manufacturing processes and associated operations. 

45CSR10 - The purpose of this SIP approved rule (68FR33002) is to control air 

pollution from the emission of sulfur oxides. 

45CSR21 - The purpose of this SIP approved rule (60FR6022) is to apply reasonably 

available control technology for VOC sources located in Putnam County, Kanawha 

County, Cabell County, Wayne County, and Wood County West Virginia. 

45CSR29 - This SIP approved rule (60FR39855) requires the submission of VOC and 

NOx emissions statements for sources in Putnam, Kanawha, Cabell, Wayne, Wood, 

and Greenbrier counties. 

West Virginia received approval of its CAlR SIP revision on August 4, 2009 

(74FR38536) which contained three State Rules; 45CSR39, 45CSR40 and 45CSR41. 

These rules also contain the monitoring, recordkeeping and reporting requirements 

under 40 CFR Part 75. 
provide for establishment and 

operation of appropriate devices, 

methods, systems, and 

procedures necessary to 

monitor, compile, and analyze 

data on ambient air quality, and 

upon request, make such data 

available to the Administrator; 

Pursuant to West Virginia Code, §22-5-1 declares the state's public policy "to fulfill its 

primary responsibility for assuring air quality pursuant to the 'Federal Clean Air Act', as 

amended." 

The Secretary has the authority under W.Va. Code §§22-54(a)(1) & (3) "to develop 

ways and means for the regulation and control of pollution of the air of the state" and 

"conduct such studies and research relating to air pollution and its control and 

abatement". 

The Secretary has the authority under W.Va. Code §§22-1-3(a), 22-54(a)(4) and 22-5- 

4(a)(17) to promulgate rules in accordance with the Administrative Procedures Act 

(W.Va. Code §§ 29A3-1 et seq.) Approximately forty rules revised under the auspices 

of the APCA are currently in effect and codified at Title 45 of the Code of State Rules, 

including the ambient air quality standards for criteria pollutants contained in 45CSR8. 

Establishment of Monitoring System: Pursuant to West Virginia Code, §22-1-1 (a)(l), 

"protecting the environment is fundamental to the health and welfare of individual 

citizens," and, the state "has a duty to provide and maintain a healthful environment for 

our citizens." Under §22-1-1(a)(2), "the state has the primary responsibility for 

protecting the environment." §22-1-l(b) "declares that the establishment of a 

department of environmental protection is in the public interest" and that "It is the policy 

of the state ..... to use all practical means and measures to prevent or eliminate ham to 

the environment and biosphere, to create and maintain conditions under which man 

and nature can exist in productive harmony, . . . .." 

Additionally, §22-5-1 declares the state's public policy "to fulfill its primary responsibility 

for assuring air quality pursuant to the 'Federal Clean Air Act', as amended." 

As set forth in §22-1-1(b)(5), the WVDEP, "insofar as federal environmental programs 

require state participation" must "endeavor to obtain and continue state primacy in the 

administration of such federally-mandated programs,. . . ..and to cooperate with 

appropriate federal agencies to meet environmental goals." 

Under §22-1-6(a), the WVDEP Cabinet Secretary "is the chief officer of the 

department" with the powers, duties and authority pursuant to §§22-5-2(3) and 22-54. 

The Secretary has the authority under W.Va. Code §§22-5-4(a)(1) & (3) "to develop 

ways and means for the regulation and control of pollution of the air of the state" and 

"conduct such studies and research relating to air pollution and its control and 

abatement". 

Therefore, under manifold statute authority, West Virginia operates and maintains an 
91 10(a)(2)(B) (continued) 

established network of ambient air monitors in West Virginia for the purpose of 

assessing compliance with the National Ambient Air Quality Standards, which 

Congress provided 

the health and welfare 

for in the 

of individual citizens. 

CAA, and such standards promulgated by EPA to protect 1 

West Virginia has committed within the 103 grant document to various PM2.5 monitoring 

and reporting requirements. Additionally, the state has committed within the 105 grant 

document to monitoring and reporting data for SO2, CO, 03, PMlo, and PMZ.5. 

. . --the The existing network and procedures for the PM2.~ NAAQS are 

zied adequate for the revised 2006 PM2, NAAQS, as the pollutant is 

unchanged; only the standard is different. 

Monitoring System Operation: To assess NAAQS compliance, DAQ operates a 

network of monitors in West Virginia that have been designated by EPA as either 

Federal Reference or Federal Equivalent monitors. All ambient air monitors are 

subjected to the Quality Assurance requirements of 40 CFR Part 58, Appendix A. 

Additionally all monitors have met the minimum siting requirements of Part 58, 

Appendix E. 

Availability of Data: In order to keep EPA informed of planned changes to the 

monitoring network, WVDEP provides EPA Region Ill with adequate prior notification. 

Details of these changes and anticipated approvals of the changes are communicated 

to EPA. On an annual basis, WVDEP submits to EPA a network design plan required 

under 40 CFR $58.10, of any changes to the network. This plan also provides for a 

description of each change, the reason for each change, and any other information 

relevant to the change. 

As provided in West Virginia Code, $$22-5-4(a)(2) and 22-5-10, WVDEP collects and 

reports to EPA ambient air quality data for SO2, CO, 03, PMlo, and PM2.5. The reports 

comply with the federal requirements of 40 CFR $58.16. The data is reviewed, edited, 

validated, and entered into the EPA air quality system (AQS) for updating pursuant to 

prescribed AQS procedures. The EPA AQS receives each report within 90 days after 

the end of the quarterly reporting period. Data is certified annually as required under 40 

CFR $58.15. 

WVDEP analyzes such air quality data to determine attainment status or progress, as 

demonstrated by the 8-hour ozone redesignation and maintenance plan requests 

submitted and approved during calendar years 2006, 2007, 2008 and first quarter of 
include a program to provide for 

the enforcement of the measures 

described in subparagraph (A) 

and regulation of the modification 

and construction of any stationaly 

source within the areas covered 

by the plan as necessary to 

assure that national ambient air 

quality standards are achieved, 

including a permit program as 

required in parts C and D; 

Enforcement of Emission Limitations and Control Measures for the 1997 PM2.5 

and 8-hour ozone NAAQS, and the 2006 PM2.5 NAAQSIrlAC\Bs: Pursuant to §22-1-6(a), the WVDEP Cabinet Secretary "is the chief officer of 

the department" with the powers, duties and authority pursuant to §§22-5-2(3) and 22- 

5-4. 

The Secretary has the authority under W.Va. Code §§22-1-3(a), 22-5-4(a)(4) and 22-5- 

4(a)(17) to promulgate rules in accordance with the Administrative Procedures Act 

(W.Va. Code §§ 29A3-1 et seq.) 

The Secretary has the authority under W.Va. Code §22-5-4(a)(5) "to enter orders 

requiring compliance with the provisions of this article and the rules lawfully 

promulgated hereunder." 

The Secretary has the authority under W.Va. Code §22-5-4(a)(9) "to enter and inspect 

any property, premise or place ... . for the purpose of ascertaining the state of 

compliance with this article and the rules promulgated under the provisions of this 

article." 

The Secretary has the authority under W.Va. Code §22-5-4(a)(16) "to do all things 

necessary and convenient to prepare and submit a plan or plans for the 

implementation, maintenance and enforcement of the Federal Clean Air Act . .. .." 

The Secretary also has the authority under W.Va. Code 522-5-5 to enter an order 

directing a person to cease and desist activity which violates the provisions of §22-5-1 

et seq and the rules promulgated pursuant thereto. 

Pursuant to W.Va. Code §22-5-6, violators of the provisions of §22-5-1 et seq and the 

rules promulgated pursuant thereto are subject to civil penalty. 

The federally approved provisions of West Virginia's VOC control regulations under 

State Rules 45CSR21 (60FR6022). 

SIP approved rule 45CSR29 (60FR39855) requires the submission of VOC and NOx 

emissions statements for sources in Putnam, Kanawha, Cabell, Wayne, Wood, and 

Greenbrier counties. 

West Virginia received approval of its CAlR SIP revision on August 4, 2009 

(74FR38536) which contained three State Rules; 45CSR39, 45CSR40 and 45CSR41. 

These rules also contain the monitoring, recordkeeping and reporting requirements 

under 40 CFR Part 75. 
contain adequate provisions - 

(i) prohibiting, consistent with the 

provisions of this title, any source 

or other type of emissions activity 

within the state from emitting any 

air pollutant in amounts which 

will- 

(I) contribute significantly to 

nonattainment in, or interfere with 

maintenance by, any other state 

with respect to any such national 

primary or secondary ambient air 

quality standard, or 

(11) interfere with measures 

required to be included in the 

applicable implementation plan 

for any other State under part C 

to prevent significant 

deterioration of air quality or to 

protect visibility, 

(ii) ensuring compliance with the 

applicable requirements of 

sections 126 and 1 15 (relating to 

interstate and international 

pollution abatement); 

Regulation of the Modification and Construction of Stationary Sources: West 

Virginia's current permitting program includes three SIP approved rules: NSR rule 

45CSR13 (68FR9559) which provides a permitting program for construction and 

modification of minor sources; PSD rule 45CSR14 (71FR64470) which satisfies the 

prevention of significant deterioration permit program requirements in Part C of the 

CAA; and major NNSR rule 45CSR19 (71FR64468) which satisfies the nonattainment 

area new source review permit program requirements in Part D. 

West Virginia submitted 45CSR14 to EPA as a final PSD SIP revision on July 20, 2009. 

This fully-adopted rule includes NOx as a precursor to ozone. 

Prohibiting Interference with Measures for PSD or Visibility: under SIP rule 

45CSR14 (71 FR64470), ". . . ..all applications filed by any person to construct major new 

or modified stationary air pollution sources, intending to locate in areas with air quality 

worse than the levels set to protect the public health and welfare, or that might impact 

those areas, must adequately meet the pre-construction review procedures and 

conditions of the Clean Air Act as amended ....". This rule includes specific federal 

requirements which ensure that new or modified sources do not interfere with 

measures to prevent significant deterioration of air quality. 

West Virginia's Regional Haze SIP was submitted on June 18, 2008. By operation of 

law, it became technically and administratively complete on or about December 18, 

2008. 

Ensuring Compliance with Sections 126 and 115: West Virginia is not currently 

subject to requirements under sections 11 5 and 126. 
provide 

(0 necessary assurances that 

the state (or, except where the 

Administrator deems 

inappropriate, the general 

purpose local government or 

governments, or a regional 

agency designated by the state 

or general purpose local 

governments for such purpose) 

will have adequate personnel, 

funding, and authority under 

state (and, as appropriate, local) 

law to carry out such 

implementation plan (and is not 

prohibited by any provision of 

federal or state law from carrying 

out such implementation plan or 

portion thereoo; 

(ii) requirements that the state 

comply with the requirements 

respecting state boards under 

section 128, and 

Legal Authority: The West Virginia Air Pollution Control Act (APCA), W.Va. Code §22- 

5-1, declares the state's policy "to fulfill its primary responsibility for assuring air quality" 

pursuant to the CAA. The WVDEP Cabinet Secretary is authorized under W.Va. Code 

§§22-1-6(c)(1) and 22-5-4(a)(12) to carry out and represent the state in any and all 

matters pertaining to the implementation plan. The Secretary is also authorized under 

W.Va. Code §22-5-4(a)(16) to do all things necessary and convenient to prepare and 

submit a plan. The Secretary is not prohibited by any provision of federal or state law 

from carrying out the implementation plan or po,rtion thereof. 

The Secretary has the authority under W.Va. Code §§22-1-3(a), 22-5-4(a)(4) and 22-5- 

4(a)(17) to promulgate rules in accordance with the Administrative Procedures Act 

(W.Va. Code §§ 29A3-1 et seq.) Approximately forty rules revised under the auspices 

of the APCA are currently in effect and codified at Title 45 of the Code of State Rules, 

including the ambient air quality standards for criteria pollutants contained in 45CSR8. 

Statutory permitting requirements are set forth in W.Va. Code §§22-5-11 & 12. West 

Virginia has an EPA-approved air permitting program for both major and minor 

facilities, under state rules 45CSR13, 45CSR14, 45CSR19 and 45CSR30 (as 

applicable). 

Personnel: WVDEP has demonstrated adequate personnel to carry out the 

implementation plan with respect to PM2.5 NAAQS requirements. The 

Secretary employs adequate personnel and retains specialists under W.Va. Code 522- 

54(a)(8) that are "necessary, incident or convenient" to accomplish the statutory 

mandate to carry out the implementation plan. 

Funding: The APCA provides adequate funding under W.Va. Code §§22-1-10(a) and 

2-54(a)(17) to carry out the implementation plan. W.Va. Code 522-5-12 sets forth the 

statutory operating permit requirements for stationary sources under Title V of the CAA. 

45CSR30 establishes fees sufficient to cover the direct and indirect costs of 

administering the air pollution control planning process, Title V operating permit 

program, and support the air pollution control program authorized by statute. The 

APCA also authorizes the establishment of fees to cover non-Title V permitting costs 

under 45CSR22. The air quality program also receives revenue from fines and 

penalties (Air Pollution Control Fund) and federal funds under Section 105 and 103 of 

the CAA, special federal funds for PM2.5, and state general appropriations. 

State Boards Under Section 128: Because West Virginia does not have a board which 

approves permits or enforcement orders, this element is not applicable. 
(iii) necessary assurances that, 

where the state has relied on a 

local or regional government, 

agency, or instrumentality for the 

implementation of any plan 

provision, the state has 

responsibility for ensuring 

adequate implementation of such 

plan provision; 

require, as may be prescribed by 

the Administrator - 

(i) the installation, 

maintenance, and replacement 

of equipment, and the 

implementation of other 

necessary steps by owners or 

operators of stationary sources 

to monitor emissions from such 

sources, 

(ii) periodic reports on the 

nature and amounts of 

emissions and emissions-related 

data from such sources, and 

(iii) correlation of such reports 

by the state agency with any 

emission limitations or standards 

established pursuant to this Act, 

which reports shall be available 

at reasonable times for public 

inspection; 

Responsibility for Implementation of Assured Local Plan Provision: 

-West Virginia did not rely on local or 

regional entities for the reductions required for attainment. 

The state will retain primacy for future plans that rely local or regional governments, 

agencies or instrumentalities. 

Monitoring: W.Va. Code §22-5-4(a)(15) authorizes the Secretary to require the 

installation, maintenance and replacement of equipment, and the implementation of 

other necessary steps by owners or operators of stationary sources to monitor 

emissions from such sources as the Secretary may prescribe. Under this authority, 

West Virginia requires the installation, maintenance, and replacement of monitoring 

equipment at stationary sources through permits issued under 45CSR13, 45CSR14, 

45CSR19, 45CSR30, and via compliance orders. The state's NOx SIP Call (45CSR1 & 

45CSR26) and CAlR rules (45CSR39, 45CSR40 & 45CSR41) also require the 

installation, maintenance, and replacement of monitoring equipment. 

Reporting: W.Va. Code §§22-54(a)(15) authorizes the Secretary to require periodic 

reports on the nature and amounts of emissions and emissions-related data from 

owners or operators of stationary sources (monitoring data). Pursuant to W.Va. Code 

§§22-54(a)(14), the Secretary is authorized to require such information as the 

Secretary may require in a form or manner prescribed by the Secretary (emissions 

inventory program). Under this authority, West Virginia requires periodic reports on the 

nature and amounts of emissions and emissions-related data from stationary sources 

through permits issued under 45CSR13, 45CSR14, 45CSR19, 45CSR30, and via 

compliance orders. The state's CAlR rules (45CSR39, 45CSR40 & 45CSR41) also 

require periodic reporting of emissions data. 

Correlation of Reports: W.Va. Code §22-1-6(d)(3) authorizes the Secretary to 

"investigate for violations of statutes or rules which the department is charged with 

enforcing." $22-5-4(a)(3) authorizes the Secretary to correlate periodic emissions 

reports with any emission limitations or standards established pursuant to 45CSR13, 

45CSR14, 45CSR19, 45CSR30 or the CAA. As set forth in W.Va. Code §22-5-10, the 

Secretary makes available at reasonable times for public inspection the periodic 

emissions reported under §§22-54(a)(14) & (1 5). The Secretary has the responsibility 

of making all records, reports or information obtained by the Department or referred to 

at public hearings under the provisions of the APCA available to the public, except to 

the extent the records, reports or information are protected by confidentiality pursuant 

to 45CSR31. The types of records DEP routinely provides access to include 
provide for authority comparable 

to that in section 303 and 

adequate contingency plans to 

implement such authority; 

provide for revision of such plan- 

(i) from time to time as may be 

necessary to take account of 

revisions of such national 

primary or secondary ambient 

air quality standard or the 

availability of improved or more 

ex~editious methods of attainina 

notifications, inspection reports, notices of violation, enforcement orders, applications, 

permit review letters, sample results, monitoring reports, permits, approvals and denials 

that would relate to §110(a)(2)(F). WVDEP generally makes information available for 

public access through its website, but also makes hard copy reports available upon 

written request. 

Comparable Authority: W.Va. Code §22-5-5 authorizes the Secretary to issue an 

order to cease and desist any activity that violates the Air Pollution Control Act. The 

Secretary may also suspend, modify or revoke a source's permit. Under §22-5-6, the 

Secretary may also institute lawsuits for civil penalties. §22-5-7 authorizes the 

Secretary to seek applications for injunctive relief. §22-5-8 authorizes the Secretary, 

with the written authorization of the governor, to shut down a source, thereby 

preventing the emission of air pollutants which substantially contributes to an 

emergency that requires immediate action to protect public health. As provided in West 

Virginia Code, $922-5-4(a)(2) and 22-5-10, the Secretary may consult with EPA to 

affirm accuracy of any information considered while executing authority under §§22-5-5, 

-6, -7 or -8. 

Contingency Plans: SIP approved rule 45CSR11 (58FR34526) provides a mechanism 

to prevent the buildup of ozone and PMio concentrations during periods of adverse 

meteorological conditions in which air pollutants may accumulate, thereby preventing 

the occurrence of an emergency due to the effects of these pollutants on health. To 

achieve this purpose, three (3) stages of criteria (pollutant concentration levels) have 

been established and specific emission reduction plans will be developed which will be 

initiated at each criteria stage to prevent further deterioration of the air supply to any air 

quality region or substantial portion thereof. 

West Virginia satisfies the criteria to be classified a Priority Ill Region under 40 CFR 

§51.150(f) for particulate matter. As set forth in 40 CFR $51.150(c), areas classified as 

Priority Ill do not need to develop episode (contingency) plans. To date, EPA has not 

promulgated a classification system under the current PM2.5 NAAQS. 

Revision of NAAQS: W.Va. Code $22-5-4(a)(16) authorizes the Secretary to do all 

things necessary and convenient to prepare and submit a plan. WVDEP has historically 

revised, and will continue to revise its NAAQS rules as necessary to take account of 

revisions of the national primary or secondary ambient air quality standards or improved 

or more expeditious methods of attaining the standards. 

West Virginia submitted a NAAQS SIP revision on April 25, 2008. On February 8, 2009, 

West Virginia received full SIP approval of its NAAQS rule 45CSR8 (74FR6552). This 

rule contains ambient air aualitv standards for all criteria ~ollutants. includina the 2006 
such standard, and 

(ii) except as provided in 

paragraph (3)(C), whenever the 

Administrator finds on the basis 

of information available to the 

Administrator that the plan is 

substantially inadequate to attain 

the national ambient air quality 

standard which it implements, or 

to otherwise comply with any 

additional requirements 

established under this Act; 

In the case of a plan or plan 

revision for an area designated 

as a nonattainment area, meet 

the applicable requirements of 

part D (relating to nonattainment 

areas); 

meet the applicable requirements 

of section 121 (relating to 

consultation) and section 127 

(relating to public notification) 

PM2.5 NAAQS, equivalent to the national primary and secondary ambient air quality 

standards established under Section 109 of the Clean Air Act, and promulgated by the 

United States Environmental Protection Agency under 40 CFR Part 50 through June 1, 

2007. 

Inadequate Plan: When, if ever, EPA finds the SIP is substantially inadequate to attain 

the NAAQS which it implements or otherwise to comply with the CAA, West Virginia will 

revise the plan as necessary for adequacy. 

 on-~ttainrnent Area SIPS: The Secretary is also authorized under W.Va. Code $22- 

5-4(a)(16) to do all things necessary and convenient to prepare and submit a plan 

under the CAA. In the case of a implementation plan or plan revision for an area 

designated as a non-attainment area, the Secretary shall ensure that the 

implementation plan or plan revision meets the applicable requirements Subchapter I, 

Part D of the CAA. 

Consultation: The APCA provides adequate authority under W.Va. Code §22-5-4(a)(2) 

for West Virginia's practices of consultation with local governments, organizations and 

Land Managers with respect to SIP development. WVDEP also consults with such 

entities regarding implementation plans for air quality maintenance requirements, 

preconstruction review of direct sources, nonattainment requirements, and prevention 

of significant deterioration. As an example, WVDEP consulted with federal Land 

Managers on the development of West Virginia's Regional Haze SIP revision, and 

provided an additional 30-day review and comment period beyond the general public 

review period. 

Notification: W.Va. Code §22-1-12 provides authority for the public notification of 

NAAQS violations and education efforts as required by CAA Section 127. Each year, 

WVDEP issues a comprehensive Air Quality Annual Report, which compares monitored 

air quality data with the NAAQS, and tracks the Air Quality Index. The Report contains 

emissions information and air quality highlights from the previous year, and provides 

public awareness of criteria pollutants and their effects on health; educational website 

links to tips that improve air quality, links to technical websites and outreach efforts. 

West Virginia has also implemented an anti-idling program to reduce pollutants from 

school buses and vehicles at public schools. 
West Virginia's Regional Haze SIP was submitted on June 18, 2008. By operation of 

law, it became technically and administratively complete on or about December 18, 

2008. 

Measures for PSD or Visibility: under SIP rule 45CSR14 (71FR64470). ".....all 

applications filed by any person to construct major new or modified stationary air 

pollution sources, intending to locate in areas with air quality worse than the levels set 

to protect the public health and welfare, or that might impact those areas, must 

adequately meet the pre-construction review procedures and conditions of the Clean 

Air Act as amended . . . .". This rule includes specific federal requirements which ensure 

that new or modified sources do not interfere with measures to prevent significant 

deterioration of air quality. 

provide for: 

I 

(i) the performance of such air 

quality modeling as the 

Administrator may prescribe for 

the purpose of predicting the 

effect on ambient air quality of 

any emissions of any air pollutant 

for which the Administrator has 

established a national ambient air 

quality standard, and 

(ii) the submission, upon request, 

of data related to such air quality 

modeling to the Administrator; 

require the owner or operator of 

each major stationary source to 

pay to the permitting authority, 

as a condition of any permit 

required under this Act, a fee 

sufficient to cover- 

(i) the reasonable costs of 

reviewing and acting upon any 

Air Quality Modeling: West Virginia Code, §§22-54(a)(1) & (3), authorizes the 

Secretary to "develop ways and means for the regulation and control of pollution of the 

air of the state" and "conduct such studies and research relating to air pollution and its 

control and abatement". Inherent in West Virginia's authority to meet the NAAQS and to 

conduct studies and research is the obligation for WVDEP to perform modeling as 

required under the CAA to demonstrate attainment of the NAAQS, as prescribed by the 

Administrator. WVDEP participates in regional planning organizations such as the 

Association for Southeastern Integrated Planning (ASIP), which performs NAAQS 

modeling for member states. West Virginia will continue to perform modeling, as 

required under the CAA to demonstrate attainment of the NAAQS. 

Submission of Data: W.Va. Code §§22-5-4(a)(2), 22-5-10 and 22-54(a)(16) 

authorizes the Secretary to submit, upon request by the Administrator, modeling data 

predicting the effect on ambient air quality of any emissions of any air pollutant for 

which the Administrator has established a national ambient air quality standard. West 

Virginia will continue to submit the air quality modeling data as part of its relevant SIP 

submissions and through Federal grant commitments or in other ways that EPA may 

request. 

Permit Fees for Review Cost: EPA has SIP approved PSD rule 45CSR14 

(71FR64470) and major NSR rule 45CSR19 (71FR64468) (construction permits). 

Program permit fees are contained in the rules. 

Permit Fees for Implementing and Enforcing Permit Conditions: West Virginia has 

an approved Title V operating permit program under 45CSR30 (66FR50325). Program 

permit fees are contained in the rule. 
r and 

(ii) if the owner or operator 

receives a permit for such source, 

the reasonable costs of 

implementing and enforcing the 

terms and conditions of any such 

permit (not including any court 

costs or other costs associated 

with any enforcement action), 

until such fee requirement is 

superseded with respect to such 

sources by the Administrator's 

approval of a fee program under 

title V; 

I application for such a permit, 

provide for consultation and 

participation by local political 

subdivisions affected by the plan; 

Consultation: W.Va. Code 922-5-4(a)(2), authorizes the Secretary to advise, consult 

and cooperate with local political subdivisions affected by the implementation plan. 

West Virginia consults with local governments, organizations and Land Managers with 

respect to SIP development. WVDEP also consults with such entities regarding 

implementation plans for air quality maintenance requirements, preconstruction review 

of direct sources, nonattainment requirements, and prevention of significant 

deterioration.