SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST ( In accordance with 40 CFR Part 51

- App. V)

SI P 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 desig nee, 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, o r 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. I f so it is not acceptable as a SI P 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 approve d plan, 4. Copy of Regulation enclosed XEPA 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 SI P 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 comm ents and the State's response thereto. 8. Comments were provided in SI P package X

Technical Materials

1. I dentification of all regulated pollutants affected by t he plan. 1. PSD sources are identified in the plan package X

2. I dentification 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 emiss ions 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. XEPA 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 analy sis. 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 p ractice 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 technolo gical justifications required by any applicable EPA policies. (I f 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 y e ars after redesignation. 10. N/A