SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST

(In accordance with 40 CFR Part 51 - App. V)

 SIP Submitted by: West Virginia Department of Environmental Protection

 Date Submitted: July 20, 1999

 Subject: 45 CSR 14 – PSD regulations (NOx as precursor)

Completeness Review 

Completed by: Sharon McCauley

 Date Completed: May 13, 2010

Administrative Materials

ACCEPTABLE

EPA REQUIREMENT STATE SUBMITTAL (X)

1. A formal letter of submittal from the Governor or his 

designee, requesting EPA approval of the plan or revision 

thereof.

1. Letter of Submission from Cabinet Secretary dated July 20, 

2009

X

2. Evidence that the State has adopted the plan in the State code 

or body of regulations; or issued the permit, order, or consent 

agreement in final form. That evidence shall include the date 

of adoption or final issuance as well as the effective date of the 

plan, if different from the adoption/issuance date.

Check to see if the regulation, permit, order or consent decree 

has a sunset or expiration date. If so it is not acceptable as a 

SIP submission. 

2. Rule was passed on April 30, 2009 by Senate Bill 153 and 

became effective on June 1, 2009

X

3. Evidence that the State has the necessary legal authority

under State law to adopt and implement the plan.

3. WV Register notices are enclosed X

4. A copy of actual regulation, or document submitted for 

approval and incorporation by reference into the plan, including 

indication of the changes made to the existing approved plan, 

4. Copy of Regulation enclosed

X
EPA REQUIREMENT STATE SUBMITTAL (X)

where applicable. The submittal shall be a copy of the official 

State regulation/document signed, stamped, dated by the 

appropriate State official indicating that it is fully enforceable 

by the State. The effective date of the regulation/document

shall, whenever possible, be indicated in the document itself.

5. Evidence that the State followed all of the procedural 

requirements of the State's laws and constitution in conducting 

and completing the adoption/issuance of the plan.

5. Evidence is provided in SIP package X

6. Evidence that public notice was given of the proposed 

change consistent with procedures approved by EPA, including 

the date of publication of such notice.

6. Public notice information included X

7. Certification that public hearings were held in accordance 

with the information provided in the public notice and the 

State's laws and constitution, if applicable.

7. Public hearing notification enclosed X

8. Compilation of public comments and the State's response 

thereto.

8. Comments were provided in SIP package X

 Technical Materials

1. Identification of all regulated pollutants affected by the plan. 1. PSD sources are identified in the plan package X

2. Identification of the locations of affected sources including 

the EPA attainment/nonattainment designation of the locations 

and the status of the attainment plan for the affected area(s).

2. PSD sources identified X

3. Quantification of the changes in plan allowable emissions 

from the affected sources; estimates of changes in current 

actual emissions from affected sources or, where appropriate, 

quantification of changes in actual emissions from affected 

sources through calculations of the differences between certain 

baseline levels and allowable emissions anticipated as a result 

of the revision.

3. N/A

4. The State's demonstration that the national ambient air 4. PSD sources are identified. X
EPA REQUIREMENT STATE SUBMITTAL (X)

quality standards, prevention of significant deterioration 

increments, reasonable further progress demonstration, and 

visibility, as applicable, are protected if the plan is approved 

and implemented. 

5. Modeling information required to support the proposed 

revision, including input data, output data, models used, 

ambient monitoring data used, meteorological data used, 

justification for use of offsite data (where used), modes of 

models used, assumptions, and other information relevant to the

determination of adequacy of the modeling analysis.

5. N/A

6. Evidence, where necessary, that emission limitations are 

based on continuous emission reduction technology.

6 N/A

7. Evidence that the plan contains emission limitations, work 

practice standards and recordkeeping/reporting requirements, 

where necessary, to ensure emission levels.

7. N/A

8. Compliance/enforcement strategies, including how 

compliance will be determined in practice.

8 N/A

9. Special economic and technological justifications required by

any applicable EPA policies. (If a policy is not appropriate, 

explain why.)

9. N/A

10. A Section 107 request must be accompanied by a 

maintenance plan demonstrating maintenance to the relevant 

NAAQS for at least 10 years after redesignation.

10. N/A