Appendix

PUBLIC PARTICIPATION

Including Interagency Consultation

for

Maintenance Plan Updates

for the

Charleston (Kanawha & Putnam Counties), 

Huntington (Cabell & Wayne Counties), 

Parkersburg (Wood County), 

Weirton (Brooke and Hancock Counties) and 

Wheeling (Marshall & Ohio Counties), 

West Virginia 

1997 8-hour Ozone

 Maintenance Areas

Final

March 2011
1

Durham, William F

From: Durham, William F

Sent: Wednesday, January 12, 2011 4:50 PM

To: tony.tarone@fta.dot.gov; Bernadette Dupont (Bernadette.Dupont@fhwa.dot.gov); Bob 

Muransky (bmuransky@belomar.org); carolina.prado@epa.state.oh.us; 

chriscallahan@wvregion3.org; Dave Moore (Dave.Moore1@dot.state.oh.us); Fred Rader 

(fred.rader@movrc.org); Blanton, Jeffrey; Jesse Mayes (jesse.mayes@ky.gov); Kevin 

Burgess (Kevin.Burgess@fhwa.dot.gov); Lee Burkleca (lee.burkleca@epa.state.oh.us); 

Leigh Oesterling (leigh.oesterling@dot.gov); Lynorae Benjamin 

(Benjamin.Lynorae@epa.gov); Martin Kotsch (kotsch.martin@epa.gov); Masood Akhtar 

(masoodakhtar@wvregion3.org); Mike Paprocki (mikepap@bhjmpc.org); Nino Brunello 

(Nino.Brunello@dot.state.oh.us); Patricia Morris (morris.patricia@epa.gov); Paul Braun 

(paul.braun@epa.state.oh.us); Perry.J.Keller@wv.gov; Perry.J.McCutcheon@wv.gov; 

Rakesh Sharma (rsharma@belomar.org); randy.durst@movrc.org; Saleem Salameh; 

Sam Granato (Sam.Granato@dot.state.oh.us); Stew Sonnenberg 

(stew.sonnenberg@fhwa.dot.gov); Terri Sicking (terri@fivco.org); Tracy Higgins 

(tracy.higgins@movrc.org); John Gowins (john.gowins@ky.gov); Jennifer Hunter 

(Jennifer.Hunter@epa.state.oh.us)

Cc: Powers.Marilyn@epamail.epa.gov; Crowder, Laura M

Subject: Public Notice - Maintenance Plan Updates for five WV ozone maintenance areas

Attachments: WVConformity-Maint-Plan-UpdatesJAN2011prop.pdf

NOTICE OF PUBLIC HEARING AND PUBLIC COMMENT PERIOD 

The West Virginia Department of Environmental Protection (DEP), Division of Air Quality is soliciting comment on, and will 

hold a public hearing on, Maintenance Plan Updates for five ozone maintenance areas. These areas include Charleston 

(Kanawha & Putnam Counties), Huntington (Cabell & Wayne Counties), Parkersburg (Wood County), Weirton (Brooke 

and Hancock Counties) and Wheeling (Marshall & Ohio Counties), West Virginia which were formerly designated 

nonattainment for the 1997 8-hour Ozone Standards. All the areas were subsequently redesignated to attainment, with 

federally approved maintenance plans. The comment period will begin on January 14, 2011 and end at the conclusion of 

the public hearing, which will begin at 6 p.m. on February 14, 2011, at the Division of Environmental Protection’s 

Charleston headquarters, 601 57th Street S.E., Charleston, WV 25304. 

The State of West Virginia is requesting that the United States Environmental Protection Agency (EPA) approve revisions 

to the current 8-hour ozone maintenance plans for all five areas. These revisions reallocate emissions from the existing 

“safety margins” to increase the available motor vehicle emission budgets (MVEB) for highway vehicles in each of the 

maintenance plans. The MVEBs are being increased in anticipation of mandatory use of EPA’s most recently approved 

highway vehicle emissions model, the Motor Vehicle Emission Simulator (MOVES), in future transportation conformity 

determinations. Once finalized, the revised Maintenance Plans will be submitted to EPA for approval and incorporation as 

revisions to the State Implementation Plan (SIP). 

Written and oral comments will be accepted during the hearing and will be made part of the official record. Written 

comments will also be accepted for inclusion in the official record by mail, facsimile (304-926-0479), e-mail 

(comments@wv.dep.gov) or other delivery to the Division of Air Quality if postmarked or transmitted by the close of 

business on February 14, 2011. Send written comments to John A. Benedict, Director, Division of Air Quality at the above 

address. 

Copies of the proposed maintenance plans will be available for public review between 8:30 a.m. and 4:30 p.m. at the DEP 

Charleston office located at the above address, and may be viewed electronically on the Division of Air Quality website 

under the public notice and comment section: http://www.dep.wv.gov/daq/General/Pages/PublicNoticeandComment.aspx

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-1 of 30
Volume XXVIII

Issue 2

January 14, 2011

Pages 45 - 103

A Weekly Publication

Administrative Law Division

Judy Cooper, Manager

Natalie E. Tennant

Secretary of State

Administrative Law Division

Bldg. I, Suite 157K

1900 Kanawha Blvd. E.

Charleston, WV 25305-0770

(304) 558-6000

WWW.wvsos.com

WEST

VIRGINIA

REGISTER

Published by theOffice ofthe Secretary ofState

CONTENTS

I. Chronological Index

II. Open Government Meetings Listing

III. Price List

IV. Rule Monitor

V. Notices

a. Legislative Rules

b. Interpretive Rules

c. Procedural Rules

d. Emergency Rules

e. Legislative Rule-Making Review Committee

VI. Legislative Interims

VII. Orders

VIII. Ethics Commission Opinions

IX. Office ofTaxAppeal Decisions

X. Other Documents or Information Filed

XI. Publication Deadlines and Publication Dates

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-2 of 30
AGENCY

Administration

Aeronautics Commission-WVDOT

Air Quality

Alcohol Beverage Control Commission

Architects, WV State Board of

Association of Counties, WV

Barbers and Cosmetologists, WV Board of

Commerce, WV Dept. of

Consolidated Public Retirement Board

Contractors Association of WV

Dental Examiners

Developmental Disabilities Council, WV

Diesel Equipment Commission, Commerce

Early Intervention Interagency Coordinating Council, WV

Eastern WV Comm.

&Tech. College

Economic Development Authority

Ethics Commission, WV

Explosives

& Blasting

Forestry, WV Div. of

Grievance Decisions

Health

Health and Human Resources

Health Care Authority

Higher Education Policy Comm.

Highland Hospital Association

Highways

Infrastructure

& Jobs Development Council

Insurance Commission

Investment Management Board

Justice and Community Services, Div. of

Kanawha Valley Comm.& Tech. College

Licensed Dieticians

Lottery

Medical Services, Bureau for

Medicine

Mine Safety Technology Task Force, Commerce

Mining

& Reclamation

Municipal Pensions Oversight Board

Occupational Therapy Board

Osteopathic Medicine, WV School of

Parkways Authority

Personnel, WV Div. of

Professional Surveyors, WV Bd. Of

Public Defender Corporations

Public Service Commission

Putnam Regional Organization for Tech. Economic Development

Racing Commission

Region 7 Local Elected Official

Region 7 Workforce Investment Board

Respiratory Care, Board of

Risk and Insurance Management

Secretary of State

Solid Waste Management Board, WV

Southern WV Comm.&Tech. College

State Election Commission

State Rail Authority

State Tax Dept. - Property Tax Div.

Surface Mine Board

Tax Appeal Decisions

Tourism, WV Div. of

Treasury Investments, Bd. Of

Water Resources

WorkForce WV

WVEMSTSN

PAGElS)

77-8

46

45,55,73-4,78-81,96

82

97

97

46

46

46

98

91

46

46

47

47

47

47

83

47

95

83-4

74,85

91,98-9

48

48

86

48

91

48

48

48

99

49, 75

49

91,100

49

86-7

49

49

49-50

50-1

51

51

51-2

52

52

88-9

52

52

52

45,55,76

89, 100-3

52-3

53

90

53

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92-4

53

54

90

54

54

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-3 of 30
OTHER

--i

J

For more information on any ofthe DAQrulesca//30./-926-0.J75.

.,'

The WestVirginiaDivisionof Air Qualityis solicitingcomment,and will hOlda public hearin&,li:

on revisionsto proposedlegislativerule 45CSR30- Requirementsfor OperatingPermits. The

commentperiodwill beginon January 14,2011 and end at the conclusion of the public hearing,

whichwill beginat 6 p.m, on February14,2011, at the Divisionof Environmental Protection's

Charlestonheadquarters, 601 57~1 Street S.E.,Charleston,WV 25304.

In order to effect the Title V permit provisionsof the TailoringRuleas soonas practicable,the

State has also adoptedthis rule as an emergencyrule,whichwill becomeeffectiveon February

1,201 I. The proposedrule is identicalto the emergency rule and will ensurecontinuitywhenthe

emergency ruleexpiresafter fifteenmonthsas requiredby law. Uponauthorization and

promulgation of proposedrule 45CSR30,the rule will be submittedto the U.S.Environmental

Protection Agencyas a revisionto the State's OperatingPermitProgramunderTitle V of the

federalCleanAir Act.

Writtencommentsmay be submittedto the PublicInformationOffice at the aboveaddress.

Comments mayalso be e-mailedto commcnls'ii:wv.dcp,gov. Comments willbe limitedto the

proposedrevisionsof the rule and will be madea part of the rulemakingrecord.During the

hearing,oral commentswill also be accepted.Copiesof the proposedrule are availablefromthe

Secretaryof State's officeor fromthe DEPat www.\Vv,dcp.gov!2(Jl~rulcs. You may alsoobtain

hardcopies of the proposedrule by callingthe phonenumberlisted below.

The proposedrevisionsto the Title V permitprogramundcr45CSR30implement the provisions

of the U.S. Environmental ProtectionAgency's finalGreenhouseGasTailoringRule, published

on June 3, 2010at 75 Federal Register31514. The effectof the TailoringRule provisionson the

Title V permitprogramis to limit the applicability of sourcessubjectto greenhouse gas permit

requirements whichbecameeffectiveon January2, 2011. The limitation isimplemented by

effectively raisingthe majorsource applicability thresholdfor greenhouse gases to 100,000tons

per year of carbondioxideequivalentgreenhouse gases. The proposedrevisionsspecify that

greenhouse gasesare not subjectto fees underthe Title V program. Thereare also update

revisionsto the rule whichensure the rulecomportswiththe federalcounterpartregulation.

2Ull Ji,l:ll Pi! 2:39 Public Notice

Proposed Rule 45CSR30

NOTICE OF PUBLIC HEARING AND PUBLIC COMMENT PERIOD

The West Virginia Departmentof EnvironmentalProtection (DEP), Division of Air

Quality is soliciting commenton, and will hold a public hearing on, Maintenance Plan

Updatesfor five ozone maintenanceareas. These areas include Charleston (Kanawha

& Putnam Counties),Huntington(Cabell & Wayne Counties), Parkersburg (Wood

County),Weirton (Brooke and Hancock Counties) and \lVheeling (Marshall & Ohio

Counties),West Virginia which were formerly designated nonattainmentfor the 1997 Shour Ozone Standards.All the areas were subsequentlyredesignated to attainment,

with federally approved maintenanceplans. The comment period will begin on January

14,2011 and end at the conclusion of the public hearing,which will begin at 6 p.m. on

February 14, 2011, at the Division of EnvironmentalProtection's Charleston

headquarters,601 57th Street S.E., Charleston, WV 25304.

The State of West Virginia is requestingthat the United States Environmental Protection

Agency (EPA) approve revisionsto the current a-hour ozone maintenance plans for all

five areas. These revisions reallocate emissionsfrom the existing "safety margins' to

increasethe available motor vehicle emissionbudgets (MVEB) for highway vehicles in

each of the maintenanceplans. The MVEBs are being increased in anticipationof

mandatory use of EPA's most recently approved highway vehicle emissions model, the

Motor Vehicle Emission Simulator(MOVES). in future transportation conformity

determinations.Once finalized,the revised Maintenance Plans will be submittedto EPA

for approval and incorporationas revisionsto the State Implementation Plan (SIP).

Written and oral commentswill be accepted during the hearing and will be made part of

the official record. Written commentswill also be acceptedfor inclusion in the official

record by mail, facsimile (304-926-0479),e-mail (comments@WV,dep gov) or other

delivery to the Division of Air Quality if postmarkedor transmitted by the close of

business on February 14, 2011. Send written comments to John A. Benedict, Director,

Division of Air Quality at the above address.

Copies of the proposed maintenance plans will be available for public review between

8:30 a.m. and 4:30 p.rn, at the DEP Charleston office located at the above address, and

may be viewed electronicallyon the Division of Air Quality website under the public

notice and comment section:

http·//www.dep.wv,gov/dag/GenerallPages/PublicNoticeandComment.aspx

'-,....

;:::

N

<0

en Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-4 of 30
BILLED

TO

L

WVDEP AIR QUALITY

SANDRA ADKINS

601 57TH ST., SE

CHARLESTON WV 25304 USA

Please return this portion with your payment.

Make checks payable to: Charleston Newspapers

AMOUNT PAID:

M

ACCOUNT NBR

CHARLESTON NEWSPAPERS

SALES REP ID

P.O. Box 2993

Charleston, West Virginia 25330

Billing 348-4898

Classified 348-4848 ~_ .•I~• NV..::.O~I,",C-__.lE-.... I..-..:N~B""R ~

1-800-WVA-NEWS Legal pricing is based upon 63 words per column inch.

FErN 55-0676079 Each successive insertion is discounted by 25% of the first insertion rate.

The Daily Mail rate is $.13 per word, the Charleston Gazette rate is $.14 per word, and the Metro Putnam rate is $.13 per word.

INVOICE DATE

8.82

TOTAL INVOICE AMOUNT

AFFIDAVIT OF PUBLICATION

J,/'

/' ~(,(..1~7/

..> :7

of

83.79 83.79

83.79

THE CHARLESTON GAZETTE,

do solemnly swear that the legal notice of:

Public hearing notice an

was duly published in said newspaper(s) at the stated price for ~e respective newspaper(s) and during the dates listed below:

) 01/14/11-01/14/11

. f>' I '

Subscribed and sworn to before me this /.r day of :>'/Cl./[ h'{:~) :5j:l .s. f ..... A,t(i~-

/ ' 0

Notary'Public of Kanawha County, West Virginia

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION

J

page A-5 of 30 .
i

j

NOTICE OF

PUBLIC HEARING

AND PUBLIC

COMMENT PERIOD

The West Virginia Department of Environmental Protection (DEP)' orvision of Air Quality is soliciting comment on, and

will hold a public hearing·

on, Maintenance Plan Updates for five ozone maintencnce areas. These

areas include Charleston

(Kanawha & Putnam

Counties), Huntington

(Ccibell & Wayne Counties), Parkersburg (Wood

County), Weirton (Brooke

and Hancock. Counties)

and Wheeling (Marshall &

Ohio Counties)' West Vir-·

ginia which were torrnertv

designated nonattainment

for the 1997 s-hour Ozone

I Standards. All the areas

. were subsequently

redesignated to attainment, with federally approved rnotntencnco

plans. The comment period will begin on January

14, 2011and end at the con- I

clusion of the public near- I

Ins. which will begin at 6

p.m. on February 14, 2011-

at the Division of Envl ronmental Protection's Charleston headquarters, 601

57th Street S.c., Charleston, WV 25304.

The. store of West Virginia is requesting that

the United States Environmental Protection Agency

(EPA) ooprove revisions

to the current 8-hour ozone

maintenance plans for all

five areas. These revisions reallocate emissions

from the existing 'safety

rnargins· to increase the

available motor vehicle

emission· budgets

(·MVEB) for highwoy vehicles in each of the maintenance plans. The

MVEBs are being increased in anticipation of

mandatory use of EPA'~

most recently· approved

highway vehicle emissions model, the Motor Vehicle Emission Simulator

(MOVES)' in future transportation conformity determinations. Once finalized, the revised Maintenance Plans will be submitted to EPA for approval and incorporation as

revisions to the State Implementation Plun (SI Pl.

Written and oral COI11-

ments will be accepted

during. the heorins and

will be made part of the

official record. Written

comments will also be accepted for inclusion in the

official record by mail.

facsimile (304-926-0479),email (comments@wv.d~!,:

90V) or other delivery to

. theDivision of Air Quality

if postmarked or transmitted by the Close of business on February 14, 2011.

I

Send written comments to

John A. Benedict, Direci tor, Division of Air Quality

I!

at the above address.

Copies of the proposed

maintenance plans wil! be

avai!able for public review between 8:30 a.m .

.1. and 4:30 p.m. at the DEP

Charleston office located

. at the above address, and

i may be viewed electron iI ccllv on the Division of Air

Quality website under the

public notice and comment section:

11Hp:!/www.dep.wv.<;jovl

c1aq/Get1ei-Cli/p~C!ges/P'-:Jb!rc

.NoticeanClCommetlT.aspx

. - .. - -- -. - -(.J5'01-1'{)

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-6 of 30
AFFIDAVIT OF PUBLICATION

STATE OF WEST VIRGINA,

CQ.!L~~Y?OF CA~~L4"TO-WIT: J . '

I, '?/tL t:;' C /~ L1l ...' being first duly sworn, depose and say that I am Legal Clerk for

The Herald- . atch, a corporation who publishes at Huntington, Cabell County, West Virginia, the

newspaper: The Herald-Dispatch, an independent newspaper, the morning seven days each week, Monday

through Sunday including New Year's Day, Memorial Day, the Fourth of July, Labor Day, Thanksgiving

and Christmas; that I have been duly authorized by the Board of Directors of such corporation and the

newspaper mentioned herein; that the legal advertisement attached in the left margin of this affidavit and

made a part hereof and bearing number LH-775676 was duly published in

The Herald-Dispatch

one time, once a week for / successive weeks, commencing with its issue of the 14

day of January, 2011 and ending with the issue of the 14 day of January, 2011 and was posted at the East

door of the Cabell County Courthouse on 14 day of January, 2011: that said legal advertisement was

published on the following dates:

that the cost of publishing said annexed advertisement as aforesaid was $86.45; that such newspaper in

which such legal advertisement was published has been and in now published regularly, at least as

frequently as once a week for at least fifty weeks during the calendar year as prescribed by its mailing

permit, and has been so published in the municipality of Huntington, Cabell County, West Virginia, for at

least one year immediately preceding the date on which the legal advertisement set forth herein was

delivered to such newspaper for publication; that such newspaper is a newspaper of "general circulation" as

defined in Article 3, chapter 59, of the West Virginia Code, within the publication area or areas of the

municipality of Huntington, Cabell and Wayne Counties, West Virginia, and that such newspaper is

circulated to the general public at a definite price or consideration, that such newspaper on each date

published consists of not less than four pages with out a cover; and that it is a newspaper to which the

general public resorts for passing events of a political, religious, commercial and social nature, and for

current happenings, announcements, miscellaneous reading matters, advertisements and other notices.

,,~fI1 __

I ~!'I-'r\- day of ~ \ 11~({f. '1//\ / Taken 5 ,-1 •....• ..J l-: ! .".{I '.'I , subscribed and sworn to before me in my said county this

cHJ rl .

-, 't ".~-\

My Commission expires - -'=~=,\t--L -'"{'-"~L~/t'-"";Ii.i4-f~·7,""'/14j_f' .~' --=;_,;_'I",,-,~';-,! (--,,-{""-,)-,,,~,,-- _ o - l. {

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-7 of 30
NonCE OF PUBLIC

HEARING AND PUBLIC

co,""MENT PERIOD

The ,West Virginia Department of.,f-nviron-:

mental Pr ofection

(DEP), 'DM.sion of. ~rQuality IssoilcltlOg

comment on.. and will

hold 'a, public ileanng

on, Maintenance' PlanUpdates for five !lzone

matntenance '·areas.,

These .areas include'

Chaneston(Kanawha &

Putnam Counties),

Huntington (Cabell &

Wayne Counties), Parkersburg (Wood County) Weirton (Brooke

and Hancock Counties)

and Wheeling (Marshall

~'''-.

& Ohio Counties), West

Virginia Whlch were formerly •-designated OCr!-

attainment for, the

1997 '8-hour Ozone'

Standards. All the

areas were' subse- .

quently redesignated

! to attainment,'With federally approved maintenance plans. The comment period will begin

on January' 14, 2011

and end at the conclusion of the public hearing, which will begin at

6 p.rn. on, February 14,

2011, at the Division

of Environmental Protection's Charleston

headquarters, '601

157th Street S.E.,

: Charleston,'IN 25304.

! The State of West Virginia is requesting that

i the United States EnviI ran mental Protection

Agency' (EPA) approve

revisions to the current

8-hour ozone maintenance plans.for all five

'areas. These' reVisions

reallocate 'emissions

from the existfng "safety margins' to increase

I the' available'motor vehicle, emission' budgets

(MVEB),for hig~way vehicles In' each 'of the

maintenance plans.

The MVEBs, are being

increased in anticipation of mandatory use

of EPA's most recently

approved ,highway.veh~

cle emissions' model,

the Motor YehiCieEmiss ion _S i m u la tor

(MOVES), in future

transportation conformity determinations.

Once finalized, the revised Maintenance

Plans will be submitted

to EPA for approval

and incorporation as

revisions to the State

Implementation Pian

(SIP).

Written and oral comments will be accepted

during the hearing and

will be, made part of

the official' record. Written' comments will also

be accepted for' inclusion in the official, record by mail, facsimile

(304-926-0479), e-mail

(comments@iVv.dep.go

vt or other deliVery to

the Division of Air Qual~

ty if postmarked or

transmitted by. the

close of business on

February 14, 201l.

Send written comments to John A. Benedict, Director, Division

of Air Quality at the

aboveaddress.

Copies of the proposed maintenance

plans will be available

for public review between 8:30 arn. and

4:30 p.m. at . the PEP

Charleston office located at the, a.bove address, and may be

viewed electronically

on the Division of Air

Quality website under

the publicriotice and

commentsection:

~l~~~:n~~~~ie~!/

Publi1:NoticeandComm

ent.aspx:

tH 7156'1~

1~1~20U'

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-8 of 30
NonCEOFPOBLIC

HEARING~NDI1UBUG, '

COMMeNT,pE;RIOD <:

Jha~a;(~lr'glh~~6epa;t-:

mentqt'EnViqj,Pr9~-

,;I~:i:!i'c'" ~,., i;"

............ MARY J BUCK .

Being first duly sworn, says that the

t(Br,Ocik~

ti~s)':and:W

:&JiJbioeiiu

'~~~~~~'"

'for IhaPI Ozon'e

Stariqarditp.Jrltkar,e·as,

,W~re'sqbs~q~ilr:ttTy..f~gesignaIad ,ioatNlirirllent;with

federallyeSlprgV!ldmifintenancll,pransoelba comment

pe'riodwill begjRon Ja:nuary

14,20j 1 an d.e n dat th e

'conclusionofJhEf:p.lblicbearing,'whibf\:WiH:beglnat6 p.m.

on Februarjrf4,:20{ 1, at the

[);vistoj1(9fEn,vifoometjtal

P rpte.ct iSp;,s'C ha (Iest cin

heaag'u:a r t.e-r.s; 60 1.5 7th

.Sttee(S:E'::,'Cf\a,(eslon; WV

25304." . '" "':."

::./;'- ',,:/ .. -....

TheS.f~fi)\pj,ii~s!Njfgjniaii

rl,lqyes e,UfI'ited;

Slate~" t,aI;Pff?tec,-,

tionAg rap'pr.ove

r ev lsl ,cti,'G$nt

8':'ho-ur'oz'e-oe rnalntenance

plans i9r:?\ffi,{(are!,s. Thes'e

reivisions·ie-aUoeated amisslo ns-'f ibm"tIi'Ei; ~x l:s'Ong

"safety mllf\lihs",\t5increase

the 'av'!iintbJemotP:lfveniCle

ernissi(i MV,E~Jfor

higliwain,each of

them~i 'l~hi:.;The

MVEBS,ar"b'l,ingin:Cfe#~d

in a~ticlp!iid'nfo""mahda\oiy

uS9·01 E·Pl'\'§most::t.eceptly,

.approvll.d,jlfgh\'iii'yv!1hiiil:e

.~~r~si~ns:m6,de';'thif~k~1

t '"., _ !?~l:rJ.i!l~-

iioA~Z<D ;Me:~e'

vised'M P!ans-wiil,

',DlhL'b 1;'1":4 forap:

pr "po'rati6ri ~s

rElY . tlff!":lfflple-

- .- :_C->' •. ".";~-~

"NOTICE OF PUBLIC HEARING AND PUBLIC COMMENT

PERIOD",,, ,,,.,,,, .. ,, .. ,,,,.,, .. ,, .. ,, ..... ,,. '" ''''''"."" .. " ".

Hereto attached was printed in the

.XX ...The Parkersburg News and Sentinel,

"""",The Marietta AM,

A daily newspaper published in the City of Parkersburg,

Wood County, West Virginia, for ".ONE"" successive

Week(s), the first publication and posting thereon being on

the .. , 14TH" .... day of ... JANUARY., ... 2011.., and

subsequent publication on the "." .... """"""",,

day (s) of ""."" ... ".20" ... "

Printer's Fee $....66.95 ...

Notarized Signature $"".2.00 ...

Additional Copy Fee $" .."" ....

Total Due: $"" ..68.95".

.y,.~/ ..~.

Subscribed and sworn to before me this

1

day of.

'-_/\

/ ': / /l....-!J~.._j • .'_. .•....

... -..... -........ . .. ··/····/r .... ·· .. ························

Notary Public for Wood Countyj'West Virginia

Copies O:! the -p ropi);;k d

maintenance plans\.vill be

a";aili!blefoFiiug!i~ review

between6:3i.la·rric'a'~d4:30

p.m at the'PEP.~tiarJe;'ston

off ce.l oca,teq. arf~,e ,abov,El

address, and may.be"vJewed

electronica·lly,.~:ifr'ttl'f~_··Dfvisi6n

of AirQuality'_wetiSiteunder

the. pub lie ncrtce.and commentsection;

http"llwwW dep wv gov/dagl

Geoeral/Pages/PybficN°tice

andCommenh:ispX -:

My commission expires :.. : !.~-:, .

Jan14

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-9 of 30
STATE OF WEST VIRGINIA

COUNTY OF HANCOCK

I, LISA L. BOYER, bookkeeper for the

publisher of THE WEIRTON DAILY TIMES

a newspaper in the City of Weirton, State of

West Virginia, hereby certify that the annexed

publication was inserted in said newspaper on

the following date:

Date: 1-14, 2011

Given under my hand this

January, 2011

_=14..;..;__t=h dayof

NOTICE OF PUBLIC HEARING

AND PUBLIC .

COMMENT PERIOD

The West Virginia Department of

Environmental' Protection (DEP),

Division of Air Quality is soliciting

comment on, and will hold a public

hearing on, Maintenance Plan Updates for five ozone maintenance

areas. These areas include

Charleston (Kanawha & Putnam

Counties), Huntington (Gabell &

Wayne Counties), Parkersburg

(Wood County), Weirton (Brooke

and Hancock Counties) and Wheelin€! (Marshall & Ohio Counties),

West Virginia which were formerly

designated non attainment for the

1997 a-hour Ozone Standards. All

the areas are subsequently redesignated to attainment, with federally

approved maintenance plans. The

comment period will begin on January 14, 2011 and end at the conclusion of the public hearing, which

will begin at 6 p.m. on February 14,

2011, .at the Division of Environmental Protection's Charleston

headquarters, 601 57th Street S.E.,

Charleston, WV 25304.

The State of West Virginia is requesting that the United States Environmental Protection Agency

(EPA) approve revisions to the

current a-hour ozone maintenance

plans for all five areas. These revisions reallocate emissions from: the

existing "safety margins"',,> to increase the available motor vehicle

emission budgets (MVEBh for .highway vehicles in each .0Lthe. Maintenance Plans. The MVEBs are being increased iri anticipation of

mandatory use of EPA's most recently approved highway vehicle

emissions model, the Motor Vehicle

Emission Simulator (MOVES), in future transportation conformity

determinations. .Once finalized, the

revised maintenance plans will be

submitted to EPA for approval and

incorporation as revisi9r:~·to the

State Implementation Plan (SIP).

Written and oral comments will be

accepted durjng the hearing and will

be made part of the official record.

Written comments will also be accepted for inclusion in the official

record by mail, facsimile (304

926-0479), e-mail (comments@

wv dep gOY) or other delivery to the

Division of Air. Quality if postmarked or transmitted by· the close

of business on . February 14, 2011.

Send written comments to John A.

Benedict, Director, Division of Air

Quality at the above address.

Copies of the proposed maintenance plans will be available for public review betweeen 8:30 a.m. and

4:30 p.m. at the DEP Charleston

office located at the above address

and may be viewed electronically

on the Division of Air Quality website under the public notice and

comment section:

http://www dep.wv.gov/daql

General/Pages/PublicNoticeand

Comment aspx

/J

cf/.

~ ,

j

//////////////////////////////////////////////

Sworn to and subscribed before me on this

14th day of January, 2011

in and for HANCOCK COUNTY,

WEST VIRGINIA

NOTARY:

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-10 of 30
I~U

11\,;1:UI'"••UtiLI\,;

HEARINGAND PUBLIC

COMMENT PERIOD

The West Virginia Department of Environmental

Protection (DEP), Division,

ofAir Quality is soliciting !

comment on, and will hold!

a public hearing on,

Maintenance Plan Up-

dates for five ozone

maintenance areas.

These areas include Charleston (Kanawha

&

Putnam Counties), Hunt- ington (Cabell & Wayne

Counties), Parkersburg

(Wood County), Weirton I (Brooke and Hancock

Counties) and Wheeling (Marshall & Ohio Counties), West Virginia which were formerly designated

non attainment for. the

1997a-hour Ozone Standards. All the areas were

subsequently- redesignat-

ed to.attainment,with

federally approved

maintenance plans. The

comment period will begin

on January 14, 2011 and

end at the conclusion of

the public hearing, which

will begin at6p.m. on

February 14,2011, at the i Division. of Environmenta! l

Protection's Charleston

headquarters, 601 57th

Street S.E., Charleston,

WV 25304. The State of

West Virginia is request- ing that the United States I Environmental Protection

Agency(EPA) approvere-

visions to the current

a-hour ozone mainte-

nance plans lorall five

areas. Theserevisions

reallocate emissionsfrom

theexisting"safety

margins" to increasethe

available motorvehicle1

emission budgets(MVEB)

forhighwayvehicles in

each of the maintenance

plans. The MVEBsare

being increased' inanticipation of mandatory use

of ERA's mostrecently

approved highwayvehicle

emissions model,theMotor Vehicle Emission

Simulator (MOVES), in future transportation conformity determinations.

Once finalized, the re-

vised Maintenance Plans

will be submitted to EPA

for approval and incor-

poration as revisions to

the State Implementation

Plan (SIP).' Written and

oral comments' will beac-

cepted during the hearing

and will be made' partof

the official record. Written

commentswill also beaccepted for indus ion in th.e

official record by mall,

facsimile (304-926-0479),

,e-mail(comments 'I@wv.dep.gov)orother

deliveryto theDivision of I

Air Quality if postmarked '. or transmitted by the close of business on I February 14, 2011. Send , written comments to John A. Benedict, Director,

Division of Air Qualityat

theabove address.

Copies of.theproposed

maintenance plans willbe

available for public review

between8:30 a.m.and

4:30p.m. atthe DEP

Charlestonoffice located

at the above address, and

may beviewed electronically on the' Division of Air

Qualitywebsite under the

public notice and comment section: I http://www.dep.wv.gov/daqf

GenerallPagesi

PublicNoticeandComment.

aspx

Int. Jan 14, 2011

STATEOF WEST VIRGINIA,

COUNTY OF OHIO.

/', I

r !r.-."!')

I..,YK/V_Xj-1~G-r-. for the publisher

ofthe Intelligencer newspaperpublishedin theCITYOF

WHEELING, STATE OF WESTVIRGINIA, hereby

certify that the annexed publicationwas inserted insaid

newspaperonthe following dates:

rILi-II

Givenundermy handthis __ ...:../_i<-··=Cf--_' '-,--_

.\

day of '+\'_&_' _'f'..., ;:::;_._O_'!,.;"I .•I....__

i,•.•/

Swornto and subscribed before me thisIVfL

,n

day of(j..r;vn 20l( at WHEELING,

! '

OHIO COUNTY,WEST VIRGINIA

otary Public

oj, in andfor OHIOCOUNTY, WEST VIRGINIA.

jlJlttl/l2-2!Z0)L My Commission expires --=- ...::..._-f- __ . I> <-o·"_-:;.~- •..:eA- . ~" .•... - "{

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-11 of 30
west virginia department of environmental protection

Maintenance Plan Updates

for the

Charleston (Kanawha & Putnam Counties), 

Huntington (Cabell & Wayne Counties), 

Parkersburg (Wood County), 

Weirton (Brooke and Hancock Counties) and

Wheeling (Marshall & Ohio Counties), 

West Virginia 

1997 8-hour Ozone

 Maintenance Areas

Proposed

January 2011

Promoting a healthy environment.

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-12 of 30
Maintenance Plan Updates

for the

Charleston (Kanawha & Putnam Counties), 

Huntington (Cabell & Wayne Counties), 

Parkersburg (Wood County), 

Weirton (Brooke and Hancock Counties) and 

Wheeling (Marshall & Ohio Counties), 

West Virginia 

1997 8-hour Ozone

 Maintenance Areas

Proposed

January 2011

TABLE OF CONTENTS

I. REQUEST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 1

II. MAINTENANCE PLAN REVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 1

III. CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 11

Five WV 1997 8-hour Ozone Maintenance Plan Updates: Proposed January 2011 ii

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-13 of 30
Maintenance Plan Updates

for the

Charleston (Kanawha & Putnam Counties), 

Huntington (Cabell & Wayne Counties), 

Parkersburg (Wood County), 

Weirton (Brooke and Hancock Counties) and 

Wheeling (Marshall & Ohio Counties), 

West Virginia 

1997 8-hour Ozone

 Maintenance Areas

Proposed

January 2011

I. REQUEST

The State of West Virginia is requesting that the United States Environmental Protection

Agency (EPA) approve revisions to the 8-hour ozone maintenance plans for the five West

Virginia 1997 8-hour Ozone Maintenance Areas, including Charleston, Huntington, Parkersburg,

Weirton and Wheeling. These revisions simply reallocate emissions from the existing “safety

margins” in each of the maintenance plans to increase the available motor vehicle emission

budgets (MVEB) for highway vehicles. These revisions do not establish budgets for pollutants

and pollutant precursors for air quality standards other than the 1997 8-hour ozone standard (e.g.,

not the 2008 8-hour ozone standard or particulate matter standards). 

The MVEBs are being increased in anticipation of mandatory use of EPA’s most recently

approved highway vehicle emissions model, the Motor Vehicle Emission Simulator (MOVES),

in future transportation conformity determinations. MOVES implements a significantly different

approach to emissions estimation than the previous model (MOBILE6.2). Preliminary use of the

new model indicates that emission estimates can be considerably different than similar

calculations using MOBILE6.2, which was used to create the original MVEBs.

Although the individual maintenance plans were originally submitted to EPA and approved

separately from one another, these revisions have been bundled together into one document

because similar changes are being made to all of the plans, and to reduce the procedural burden

on both the state and EPA. If EPA cannot approve one or more of the revisions, we ask that the

remainder be processed and approved on their individual merits.

II. REVISIONS to the MAINTENANCE PLANS

The table below summarizes the submittal and approval dates for each of the five areas’

ozone maintenance plans (and two subsequent updates). Each maintenance plan established 

Five WV 1997 8-hour Ozone Maintenance Plan Updates: Proposed January 2011 1

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-14 of 30
motor vehicle emission budgets (MVEB) for nitrogen oxides (NOx) and Volatile Organic

Compounds (VOC) which are precursors of ozone. The budgets were developed in consultation

with the Metropolitan Planning Organizations (MPO) responsible for transportation planning in

each area and relied on emission factors for highway vehicles that were developed using the

approved EPA model at the time, MOBILE6.2. The Division of Air Quality does not currently

have the resources to completely redo the highway emissions estimates using the new approved

model, MOVES, with the level of detail required for State Implementation Plans (SIP).

However, all of the existing maintenance plans have adequate “safety margins” to significantly

increase the approved MVEBs and still leave adequate remaining safety margins.

Under 40 CFR 93.101, the term safety margin means the difference between the attainment

level (from all sources) and the projected level of emissions (from all sources) in the

maintenance plan. The attainment level is the level of emissions during one of the years in which

the area met the NAAQS for the pollutant of concern. The safety margin (or a portion of the

safety margin) can be allocated to the transportation sector. However, the total emissions must

remain below the attainment level. In this case the allocation from the safety margin accounts for

uncertainty in the projections expected from changes caused by using a new model, MOVES. In

many respects, these might be characterized as “artificial changes” because the actual vehicle

emissions have not changed. Rather, the model used to estimate emissions has changed and can

result in significantly higher emissions estimates, especially for NOx. In any case, the state

MVEBs are constrained to ensure that the total emissions (i.e., all source categories) do not

exceed the 2004 attainment year emissions of either NOx or VOC thereby ensuring continued

maintenance of the 1997 ozone standards.

Table 1

1997 8-hour Ozone 

West Virginia Maintenance Plans

Area SIP

Submittal

Date

EPA Federal

Register Final

Approval

Effective

Date

Responsible

Metropolitan

Planning

Organization

Charleston 11/30/2005 71 FR 39001,

11 JUL 2006

8/10/2006 Regional

Intergovernmental

Council

Huntington 5/17/2006 71 FR 54421,

15 SEP 2006

10/16/2006 KYOVA

Interstate Planning

Commission

Parkersburg 9/8/2006 72 FR 25967,

08 MAY 2007

6/7/2007 WoodWashington-Wirt

Interstate Planning

Commission

Five WV 1997 8-hour Ozone Maintenance Plan Updates: Proposed January 2011 2

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-15 of 30
Area SIP

Submittal

Date

EPA Federal

Register Final

Approval

Effective

Date

Responsible

Metropolitan

Planning

Organization

Weirton 8/3/2006 72 FR 27060,

14 MAY 2007

6/13/2007 Broke-HancockJefferson

Metropolitan

Planning

Commission

Wheeling 7/24/2006 72 FR 27247,

15 MAY 2007

6/14/2007 BELOMAR

Regional

Council

Charleston

Plan Update

1/8/2007 73 FR 2156

14 JAN 2008

3/14/2008 Regional

Intergovernmental

Council

Parkersburg

Plan Update

8/29/08 73 FR 64548

30 OCT 2008

12/29/2008 WoodWashington-Wirt

Interstate Planning

Commission

The revisions to the maintenance plans are detailed in the tables below and are presented in

alphabetical order by principal city, i.e. Charleston, Huntington, Parkersburg, Weirton and

Wheeling, in that order. There are two tables for each area. One specifies the MVEBs before and

after the reallocation while the other shows the total emissions for all sources combined in the

area.

Five WV 1997 8-hour Ozone Maintenance Plan Updates: Proposed January 2011 3

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-16 of 30
Table 2 - CHARLESTON Area Reallocation of Safety Margin to the MVEBs - (Tons/day)

2004

Base Year

2009

Projection

2018

Projection

Current MVEBs in the Approved Maintenance Plan

VOC 16.1 12.9 7.5

NOx 26.4 22.9 9.5

Proposed MVEBs in the Revised Maintenance Plan

VOC 16.1 16.7 13.7

NOx 26.4 38.9 17.1

Table 3 - CHARLESTON Area Total Emissions (Point, Area and Mobile) Before and After

Reallocation of the Safety Margin to the MVEBs - Tons/Day

2004

Base Year

(Maintenance

Level)

2009

Projection

2018

Projection

Current Total Emissions in the Approved Maintenance

Plan

VOC 52.3 48.1 45.4

NOx 129.4 105.5 81.9

Proposed Total Emissions in the Revised Maintenance

Plan

VOC 52.3 51.9 51.6

NOx 129.4 121.5 89.5

Five WV 1997 8-hour Ozone Maintenance Plan Updates: Proposed January 2011 4

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-17 of 30
Table 4 - HUNTINGTON Area Reallocation of Safety Margin to the MVEBs - (Tons/day)

2004

Base Year

2009

Projection

2009

Projection

Current MVEBs in the Approved Maintenance Plan

VOC 6.0 4.6 3.0

NOx 11.5 8.7 4.1

Proposed MVEBs in the Revised Maintenance Plan

VOC 6.0 7.4 6.6

NOx 11.5 14.0 13.5

Table 5 - HUNTINGTON Area Total Emissions (Point, Area and Mobile) Before and After

Reallocation of the Safety Margin to the MVEBs - Tons/Day

2004

Base Year

(Maintenance

Level)

2009

Projection

2018

Projection

Current Total Emissions in the Approved

Maintenance Plan

VOC 23.7 20.6 19.7

NOx 37.4 31.5 27.0

Proposed Total Emissions in the Revised

Maintenance Plan

VOC 23.7 23.4 23.3

NOx 37.4 36.8 36.4

Five WV 1997 8-hour Ozone Maintenance Plan Updates: Proposed January 2011 5

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-18 of 30
Table 6 - PARKERSBURG Area Reallocation of Safety Margin to the MVEBs - (Tons/day)

2004

Base Year

2009

Projection

2018

Projection

Current MVEBs in the Revised Maintenance Plan

VOC 4.00 3.8 2.4

NOx 5.66 5.5 2.7

Proposed MVEBs in the Revised Maintenance Plan

VOC 4.00 5.5 4.7

NOx 5.66 7.3 7.3

Table 7 - PARKERSBURG Area Total Emissions (Point, Area and Mobile) Before and After

Reallocation of the Safety Margin to the MVEBs - Tons/Day

2004

Base Year

(Maintenance

Level)

2009

Projection

2018

Projection

Current Total Emissions in the Approved Maintenance

Plan

VOC 16.7 14.8 14.1

NOx 15.2 13.2 10.1

Proposed Total Emissions in the Revised Maintenance

Plan

VOC 16.7 16.5 16.4

NOx 15.2 15.0 14.7

Five WV 1997 8-hour Ozone Maintenance Plan Updates: Proposed January 2011 6

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-19 of 30
Table 8 - WEIRTON Area Reallocation of Safety Margin to the MVEBs - (Tons/day)

2004

Base Year

2009

Projection

2018

Projection

Current MVEBs in the Approved Maintenance Plan

VOC 2.6 2.0 1.0

NOx 3.6 2.8 1.2

Proposed MVEBs in the Revised Maintenance Plan

VOC 2.6 3.4 1.9

NOx 3.6 4.2 3.9

Table 9 - WEIRTON Total Emissions (Point, Area and Mobile) Before and After Reallocation

of the Safety Margin to the MVEBs - Tons/Day

2004

Base Year

(Maintenance

Level)

2009

Projection

2018

Projection

Current Total Emissions in the Approved Maintenance

Plan

VOC 13.5 12.0 12.5

NOx 18.2 16.6 15.2

Proposed Total Emissions in the Revised Maintenance

Plan

VOC 13.5 13.4 13.4

NOx 18.2 18.0 17.9

Five WV 1997 8-hour Ozone Maintenance Plan Updates: Proposed January 2011 7

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-20 of 30
Table 10 - WHEELING Area Reallocation of Safety Margin to the MVEBs - (Tons/day)

2004

Base Year

2009

Projection

2018

Projection

Current MVEBs in the Approved Maintenance Plan

VOC 2.8 2.5 1.4

NOx 4.7 4.3 1.7

Proposed MVEBs in the Revised Maintenance Plan

VOC 2.8 10.4 9.1

NOx 4.7 7.7 3.1

Table 11 - WHEELING Total Emissions (Point, Area and Mobile) Before and After

Reallocation of the Safety Margin to the MVEBs - Tons/Day

2004

Base Year

(Maintenance

Level)

2009

Projection

2018

Projection

Current Total Emissions in the Approved Maintenance

Plan

VOC 23.5 14.7 14.9

NOx 101.2 72.9 34.5

Proposed Total Emissions in the Revised Maintenance

Plan

VOC 23.5 22.6 22.6

NOx 101.2 76.3 35.9

Five WV 1997 8-hour Ozone Maintenance Plan Updates: Proposed January 2011 8

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-21 of 30
Air Quality

One important question is how effective the maintenance plans have been in maintaining and

improving the ozone concentrations over the past few years. Fortunately, it can be stated

unequivocally that in every case the air quality has not only continuously met the 1997 ozone

standards since 2004 (maintenance plans base year) but ozone levels have decreased to the

lowest levels in over a decade. (see chart below)

Chart - 1

West Virginia 8-hour ozone design values during the period 2000-2009

Five WV 1997 8-hour Ozone Maintenance Plan Updates: Proposed January 2011 9

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-22 of 30
Emissions Inventory

Another important question is how the emissions may have changed since the maintenance

plans were developed and how accurately the agency has estimated potential growth. The

emissions estimates were separated into source categories, including area (small widely

distributed sources); non-road (off road equipment, marine vessels and airplanes); on-road

(highway motor vehicles) and point ( large individual sources such as power plants,

manufacturing facilities, etc.) For this last category, DAQ has quantitative, quality-assured data

for the period 2004 (maintenance plan base) through 2008, obtained from certified emissions

reporting. County point source emission totals are summarized below.

 Point Source Emissions

Tons per

Year

NOx 2004 2005 2006 2007 2008

 Charleston Total NOx 49,680 47,253 47,359 46,322 23,638

 Huntington Total NOx 26,411 25,463 20,398 26,632 14,371

 Parkersburg Total NOx 11,115 13,908 13,351 12,696 9,265

 Weirton Total NOx 2,003 1,875 1,658 1,572 1,364

 Wheeling Total NOx 41,896 36,391 27,989 27,645 26,031

VOC 2004 2005 2006 2007 2008

 Charleston Total VOC 2,770 2,681 2,535 2,404 2,143

 Huntington Total VOC 598 698 700 848 631

 Parkersburg Total VOC 1,233 1,319 1,160 1,118 858

 Weirton Total VOC 1,711 1,483 1,361 996 855

 Wheeling Total VOC 872 693 421 329 324

The data clearly show significant decreases in point source NOx in all the areas as well as VOC

decreases in most areas. For the other categories, activity levels are primarily a function of

population, which is shown below.

 Nonattainment

Area

2004

Population

2005

Population

2006

Population

2007

Population

2008

Population

2009

Population

 Charleston 247,885 246,699 246,098 246,052 246,506 247,336

 Huntington 137,020 136,206 135,820 135,627 135,713 136,333

 Parkersburg 86,750 86,609 86,180 86,006 86,204 86,888

 Weirton 55,666 55,208 54,504 53,795 53,528 53,238

 Wheeling 79,590 78,774 78,105 77,472 76,872 76,571

It can be readily seen that population is essentially flat over time in all the areas such that related

emissions should also be relatively constant or slightly decreasing. Therefore, the DAQ has a

high degree of confidence that emissions are, and will continue to remain, below maintenance

levels in all the areas.

Five WV 1997 8-hour Ozone Maintenance Plan Updates: Proposed January 2011 10

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-23 of 30
III. CONCLUSION

The State of West Virginia requests that EPA act in a timely manner to approve these

revisions to the 8-hour ozone maintenance plans for the five West Virginia 1997 8-hour Ozone

Maintenance Areas, including Charleston, Huntington, Parkersburg, Weirton and Wheeling.

These revisions simply reallocate emissions from the existing “safety margins” in each of the

maintenance plans to increase the available motor vehicle emission budgets (MVEB) for

highway vehicles. The MVEBs are being increased in anticipation of mandatory use of EPA’s

most recently approved highway vehicle emissions model, the Motor Vehicle Emission

Simulator (MOVES) in future transportation conformity determinations.

Although the individual maintenance plans were originally submitted to EPA and approved

separately from one another, these revisions have been bundled together into one document

because similar changes are being made to all of the plans, and to reduce the procedural burden

on both the state and EPA. If EPA cannot approve one or more of the revisions, we ask that the

remainder be processed and approved on their individual merits.

Five WV 1997 8-hour Ozone Maintenance Plan Updates: Proposed January 2011 11

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-24 of 30
The Department of Environmental Protection asks for the information below so that agency staff may provide responses and information about

decisions to you. The information you voluntarily provide on this sheet becomes part of the public record related to this topic and may be

released if requested under the Freedom of Information Act.

dep DAQ Public Hearing

Ozone Maintenance Plan Updates

WV DEP- Charleston, WV

February 14, 2011 - 6:00 p.m.

Sign-In

west virginia department of environmental protection

Division of Air Quality

Page __ of __

Name Address Organization Email Comment?

\; )JW7 /17M.J v-

(Yes/No)

(J/E/? jJ() ~kt$ ,J/E;?LJAO IV <:» .

-

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-25 of 30
WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION

DIVISION OF AIR QUALITY

rrDl~©~ow~rm1 .

lrli MAR 10 2011 ~!

WV DEP / DlV OF AIR QUALITY

IN THE MATTER OF:

MAINTENANCE PLAN UPDATES FOR

FIVE OZONE MAINTENANCE AREAS

TRANSCRIPT OF PROCEEDINGS held in the above-styled

matter pursuant to the West virginia Rules of civil procedure

on the 14th day of February, 2011, commencing at 6:13 p.m.

and concluding at 6:15 p.m., at the West virginia Department

of Environmental protection, 601 57th Street Southeast,

charleston, Kanawha County, West virginia, pursuant to notice

all interested parties.

BEFORE: JEANNE CHANDLER, Division of Air Quality

CAPITOL CITY REPORTING

"PROFESSIONAL STENOMASK FOR THE RECORD"

POST OFFICE BOX 11394, CHARLESTON WEST VIRGINIA 25339. (304) 344-9505 FAX (304) 344-9506

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-26 of 30
2/14/2011 2

TAB LEO F CON TEN T S

REPORTER'S CERTIFICATE PAGE 5'

CAPITOL CITY REPORTING

Post Office Box 11394

Charleston, West Virginia 25339

(304) 344-9505

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-27 of 30
.~

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

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2/14/2011

PRO C E E DIN G S

MS. CHANDLER: This public hearing on

Maintenance plan Updates for five ozone maintenance

areas will now come to order on this 14th day of

February, 2011 at the West virginia Department of

Environmental protection (DEP) Headquarters. The

affected areas include Charleston, (Kanawha and

Putnam counties), Huntington, (cabell and wayne

counti es) , Parke rsbu rg, (wood County), wei rton,

(Brooke and Hancock counties) and wheeling, (Marshall

and ohio Counties), West virginia, which were

formerly designated nonattainment for the 1997 eight

hour Ozone Standards. All the areas were

subsequently re-designated to attainment with

federally approved maintenance plans.

The State of West virginia is requesting

that the United States Environmental Protection

Agency (EPA) approve revisions to the current eight

hour ozone maintenance plans for all five areas.

These revisions reallocate emissions from the

existing safety margins to increase the available

motor vehicle emission budgets (MVEB) for highway

vehicles in each of the maintenance plans. The motor

vehicle emissions budgets are being increased in

CAPITOL CITY REPORTING

Post Office Box 11394

Charleston, West Virginia 25339

(304) 344-9505

3

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-28 of 30
2/14/2011

11

1 anticipation of mandatory use of EPA's most recently

2 approved highway vehicle emissions model, the Motor

3 vehicle Emission simulator (MOVES), in future

4 transportation conformity determinations. Once

5 finalized, the revised Maintenance plans will be

6 submitted to EPA for approval and incorporation as

7 reV1S1ons to the State Implementation plan (SIP).

8 The floor is now open for any comments on

9 this matter.

10 (WHEREUPON, no comments were made.)

MS. CHANDLER: There being nothing further

12 this public hearing for Maintenance plan updates for

13 five ozone maintenance areas 1S hereby concluded.

14

15 (concluded at 6:15 p.m.)

16

CAPITOL CITY REPORTING

Post Office Box 11394

Charleston, West Virginia 25339

(304) 344-9505

4

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-29 of 30
2/14/2011

REPORTER'S CERTIFICATE

STATE OF WEST VIRGINIA,

COUNTY OF KANAWHA, to wit:

I, Nancy MCNealy, Certified verbatim

Reporter for Tania stricker, Notary Public in and for

the State of West virginia, duly commissioned and

qualified, do hereby certify that the foregoing is, to the

best of my skill and ability, a corrected true and accurate

transcript of all the proceedings as set forth in the

caption hereof.

Given under my hand this 14th day of

Feb ruary, 2011.

~~__ ~ ~LC~~.~r/ :A/ ~_~~_

N'.c. MCNEAL , C. V(. R.

Tania Stricker, C.C.R.

Notary public

My commission explres November 15, 2020.

My commission expires November 27th, 2019.

CAPITOL CITY REPORTING

Post Office Box 11394

Charleston, West Virginia 25339

(304) 344-9505

5

Five WV 1997 8-hour Ozone Maint. Plan Updates: Final March 2011 PUBLIC PARTICIPATION page A-30 of 30