- - Executive Ofice 601 5? StreetSE 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. ShawnM. Garvin Regional Administrator U.S. EPA, Region I11 (3RA00) 1650Arch Street Philadelphia, PA 19103-2029



### RE: Withdrawal of Clean Air Act Section 11 O(a)(2)(A)-(M) Requirements for the 2008 8-Hour OzoneNAAQS from the West Virginia StateImplementation Plan

Dear Administrator Garvin:

With a letter dated October 1,2009,the State ofWest Virginia submitted to U.S. EPA a revision to the StateImplementation Plan (SIP) to satisfjr staterequirements for ozone and fine particulate obligationsunder Clean Air Act Section 1lO(a)(2)(A)-(M). This SIPrevision demonstratedthat West Virginia has adequate resources and authority to implementthe 2006 PM,,, National Ambient Air Quality Standards (NAAQS) and the 2008 8-hourozoneNAAQS.

EPA announced reconsideration of the 2008 primary and secondary ozone standards

on September 16,2009. The agencythenproposed a more stringent primary standard on January 19,2010. Subsequently, EPA Region 111staffadvisedthe West Virginia Division ofAir Qualitythat 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 staffsuggestedthat our agency withdraw the request for approval of the Section 110requirements for the 2008 8-hour ozone NAAQS from the original SIP submittal.

Therefore, West Virginiarequests a withdrawal of the Section 1 1 O(a)(2)(A)-(M) requirements for the 2008 8-hourozoneNAAQS submitted on October 1,2009.Accordingly, the State also withdraws itsrequest for SIP approval of these elements. This actionwould leave in

### place the submitted requirements for the 2006PM,, NMQS. Please find enclosed a strikethroughlunderline document specificallyidentifling the 2008 8-hour ozoneportions of the October 1,2009 SIP submission, which relate to West Virginia's withdrawal request. West Virginia requests that EPA approvethe remaining portion ofthe SIP submittal,which pertains to the State's compliance with Section 1lO(a)(2)(A)-(M) for the 2006PM,,, NAAQS.

### Letterto Shawn

## M. Garvin Page 

### 2 March 

### 18,2010

Ifyou have any questionsregarding this request, or require additional information, please
contact John 

### A. Benedict, Director ofthe DivisionofAir Qualityat 

### (304) 926-0462.

Sincerely,

Cabinet Secretary



## RC Wjlrn



### Enclosures

cc: David L. Arnold 

### (3AP00) John A. 

### Benedict

# dep

west virginia department of environmental protection



# Final West Virginia StateImplementation Plan Revision for Clean Air Act Section 1

# lO(a)(2)(A)-(M)Requirements For Qimwsmd 

# Fine Particulates

October 

# 1,2009

West Virginia Division ofAir Quality 

## 601 57th 

## Street, SE Charleston,W.Va. 25304



## Promoting 

## a healthyenvironment

## Final West Virginia State ImplementationPlan Revision for
Clean Air Act Section llO(a)(2)(A)-(M) Requirementsfor Omae-md

## Fine Particulates

A State ImplementationPlan (SIP) isa plan for each state that identifieshow that state will attain and/ormaintain 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 asplans and inventories, and in some cases additional requirementspromulgated by the U.S. Environmental ProtectionAgency (EPA).The initial SIPsfor states were approved by EPA on May 

### 31, 1972. SIPs can be revised by the state with EPA approval asnecessary.The federally enforceable SIP for West Virginia is compiled in 40 CFR Part 52, Subpart

### XX. In this revision to the SIP,West Virginia is demonstratingthat it has adequate resources and authorityto implement the 2006 PM2.5 NAAQS 

### aa&h&WW 

# v. Additionally, the state is supplementing its existing Section 1 1 O(a)(2)(A)-(M) infiastructure SIP for the 1997PM2.5and 8-hour ozoneNAAQS, only with respect to the enforcement authority requirementsunder CAA Section 110(a)(2)(C). This SIP revision addresses requirements of Section 11 O(a)(2)(A)-(M) of the Clean Air Act (CAA) many ofwhich have been addressed in other SIP revisions. It is a compilation of elements that demonstrate how the 2006 fine particulate (PM2.5) 

# 5 NtMQS (and with respect to CAA Section 1 1 O(a)(2)(C),the 1997ozone and fine particle NAAQS) are being implemented, maintained and enforced in West Virginia. The elements ofthis SIP revision, once approved by EPA, will provide a federally enforceable compilation of how West Virginiawill continue to comply with the Section 110(a)(2)requirements ofthe CAA.
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 ofthe original Commission were subsequently conveyedto the Office of Air Quality and then to the Division ofAir Quality (DAQ) within the West Virginia Department of Environmental Protection (DEP). Staffing, funding and legal authorities now incorporateover 90 full time staff, with a multi-million dollar annualbudget and over 40 legislative rules. DAQ has a variety of substantial funding sources, including constructionlmodificationpermit 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 asmost recently evidencedby federally approved 1997 ozone standard maintenance SIPs, submittedinfiastructure SIPs for the 1997 ozone and fine particle standards (which EPA has found complete) and EPA approved state adoption ofthe federal Clean Air InterstateRule (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 responsibilityfor assuring air quality pursuant to the CAA.

Many elements of Section 1 1 O(a)(2)(A)-(M) already exist in the approved SIP orrecently submitted SIP revisions for other NAAQS. This SIP revision may reiterate and/or reinforce some of these previously submittedand/or approved elements. Some requirements, such asthose 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, Subpart2 ofthe CAA.Section 110(a)element The implementationplanshall:

include enforceable emission limitations and othercontrol measures, means, or techniques (includingeconomic 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 ofthis Act. West Virginia Implementation

Enforceable Emission Limitations:

45CSR2 

### - This SIP approved rule (68FR47473) establishes emission limitations for smoke and particulate matterwhich 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 pollutionfrom 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 matterair pollution from manufacturing processes and associated operations.

45CSR10 

## - The purpose of this SIP approved rule (68FR33002) is to control air pollutionfrom 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 CountyWest 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 forestablishmentand operation ofappropriate devices, methods, systems, and procedures necessary to monitor, compile, andanalyze data on ambientair quality, and upon request, make such data available to theAdministrator; Pursuant to West Virginia Code, §22-5-1 declares the state's public policy "to fulfill its primary responsibility for assuring air quality pursuantto 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, includingthe ambient air quality standards for criteria pollutantscontained 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 hamto 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 CleanAir 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

### 9110(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

the health and welfare of individual citizens. 

# 1

Congress provided for in the CAA, and such standards promulgated by EPA to protect

West Virginia has committed within the 103 grant document to various PM2.5monitoring 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 prescribedAQS procedures. The EPA AQS receives each report within 90 days after the end of the quarterly reporting period. Data is certifiedannually 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 ofinclude a program to provide for the enforcement ofthe measures describedinsubparagraph (A) and regulationofthe modification andconstructionofanystationaly

source within the areas covered bythe plan as necessaryto
assurethat national ambientair quality standards are achieved, includinga permit program as requiredinparts 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 NAAQS

### IrlAC\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, maintenanceand enforcement of the FederalClean 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 pursuantthereto are subjectto civil penalty.

The federally approved provisions of West Virginia's VOC control regulations under State Rules45CSR21 (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 under40 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 significantlyto nonattainmentin, or interfere with maintenanceby, any other state with respect to any such national primary orsecondary ambient air quality standard, or

(11) interfere with measures requiredto be includedin the applicable implementation plan forany other State under part C to prevent significant deterioration ofair quality or to protect visibility,

(ii) ensuring compliance with the applicable requirements of sections 126and 115 (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 submitted45CSR14 to EPA as a final PSD SIP revision on July 20, 2009. This fully-adopted rule includes NOxas a precursor to ozone.

Prohibiting Interference with 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, intendingto 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 requirementsunder sections 11 5 and 126.provide


## (0 necessary assurances that the state (or, except where the Administratordeems inappropriate, the general purpose local government or governments, or a regional agency designatedby the state
orgeneral purpose local governments for suchpurpose) will have adequatepersonnel, funding, andauthority under state (and, as appropriate, local) law to carryout such implementation plan (andis not prohibited by anyprovision of federal orstate law from carrying out such implementationplan 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 ControlAct (APCA),W.Va. Code §22- 5-1, declaresthe 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,rtionthereof.

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, includingthe ambient air quality standardsfor 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 planwith 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 providesadequate 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 underTitleV 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 boardwhich 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, orinstrumentality for the implementation ofany plan provision, the state has responsibilityfor ensuring adequate implementation of such plan provision;

require, as may be prescribed by the Administrator

### -

(i) the installation, maintenance, and replacement ofequipment, and the implementation of other necessary steps by owners or operators ofstationary 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 establishedpursuant to thisAct, which reports shall be available at reasonable times forpublic inspection; Responsibility for Implementation of Assured Local Plan Provision:

-West Virginia did not rely on local or regional entities for the reductions requiredfor 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 emissionsdata.

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) 

### & (15). 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 includeprovide for authority comparable to that insection 

### 303 and adequate contingencyplans to implement such authority;

providefor revision ofsuchplan-


### (i)from time to time as may be necessary to take accountof revisionsofsuch national primaryorsecondary ambient air qualitystandardorthe availabilityofimprovedor more ex~editious methodsof 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 informationconsidered 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 deteriorationof 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 underthe current PM2.5 NAAQS.



### Revision of NAAQS: W.Va. Code $22-5-4(a)(16) authorizes the Secretary to do all things necessary and convenientto prepare and submit a plan. WVDEP has historically revised, and will continue to revise its NAAQS rules as necessary to take account of revisionsof 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 revisionon April 25, 2008. On February8, 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 2006such standard, and


### (ii) except as provided in paragraph (3)(C), whenever the Administratorfinds on the basis ofinformation available to the Administratorthat the planis substantially inadequateto attain the nationalambient air quality standard which itimplements, or to otherwise comply with any additional requirements established under this Act;

Inthe case ofa plan or plan revisionfor an area designated
as a nonattainmentarea, meet the applicable requirementsof part D (relating to nonattainment areas);

meetthe applicable requirements ofsection 121 (relating to consultation) andsection 127 (relating to public notification) PM2.5NAAQS, 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 ProtectionAgency under 40 CFR Part 50 through June 1, 2007.

Inadequate Plan: When, if ever, EPA finds the SIP is substantially inadequateto attain the NAAQS which it implements or otherwise to comply with the CAA, West Virginia will revise the plan as necessaryfor 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 issuesa comprehensiveAir 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 requirementswhich ensure that new or modified sources do not interfere with measures to prevent significant deteriorationof air quality.



### provide for: 

# I

(i) the performance of

### such air qualitymodeling as the Administrator may prescribe for thepurpose ofpredicting the effect on ambientairquality of any emissions ofanyairpollutant for which theAdministrator has establisheda national ambientair qualitystandard, and
(ii) the submission, upon request, ofdata related to such airquality modeling 

### to theAdministrator;

require the owneror 

### operatorof each major stationarysource to pay to thepermitting authority,
as a condition ofanypermit 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 Implementingand Enforcing Permit Conditions: West Virginia has an approved Title V operating permit program under 45CSR30 (66FR50325). Program permit fees are contained in the rule.and 

# r

(ii) if the owner or operator receives a permit for such source, the reasonable costs of implementing and enforcing the terms and conditions ofany 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 affectedby 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.