west virginiadepartment of environmentalprotectionFinal West VirginiaState Implementation Plan Revision forClean Air Act Section 110(a)(2)(A)-(M) RequirementsFor Ozone and Fine ParticulatesOctober 1, 2009West Virginia Division of Air Quality601 57thStreet, SECharleston, W.Va. 25304Promoting a healthy environmentThis page intentionally left blank.1Final West Virginia State Implementation Plan Revision forClean Air Act Section 110(a)(2)(A)-(M) Requirements for Ozone and Fine ParticulatesA State Implementation Plan (SIP) is a plan for each state thatidentifies how that state will attain and/or maintain the primary and secondaryNational Ambient Air Quality Standards (NAAQS). The SIP is acomplex, fluid document containing regulations, source-specificrequirements, non-regulatory items such as plans and inventories,and in some cases additional requirements promulgated by theU.S.Environmental Protection Agency (EPA). The initial SIPs for states were approvedby EPA on May 31, 1972. SIPs can be revised bythe statewith EPA approval as necessary. The federally enforceable SIP forWest Virginia is compiled in 40CFR Part 52, Subpart XX. In this revisionto the SIP, West Virginia is demonstrating that it has adequate resources and authority to implement the 2006 PM2.5NAAQS and the 2008 8-hour ozone NAAQS. Additionally, the state issupplementing its existing Section 110(a)(2)(A)-(M) infrastructure SIP for the 1997 PM2.5and8-hour ozone NAAQS, only with respectto the enforcement authority requirements under CAA Section 110(a)(2)(C).This SIP revision addresses requirements of Section 110(a)(2)(A)-(M) of the Clean Air Act (CAA) many of which have been addressed inother SIP revisions. It is a compilation of elements that demonstrate how the 2006 fine particulate (PM2.5) and the 2008 eight-hour ozoneNAAQS (and with respect to CAA Section 110(a)(2)(C), the 1997 ozone and fine particleNAAQS) are being implemented, maintainedandenforced in West Virginia. The elementsof this SIP revision, once approved by EPA,will provide a federally enforceable compilation of howWest Virginia will continue to comply withthe Section 110(a)(2) requirements of the CAA.In 1961, the State Legislature passed the AirPollution Control Law of WestVirginia, making West Virginia the sixteenth stateto have astatewide air pollution control law. The lawprovided for a separate state agency composed of a seven member Commission, a Director andstaff. The powers, authorities and funding of the original Commission were subsequently conveyed to the Office of Air Quality and then tothe Division of Air Quality (DAQ) withinthe West Virginia Department of Environmental Protection (DEP). Staffing, funding andlegalauthorities now incorporate over 90 full timestaff, with a multi-million dollar annualbudget and over 40 legislative rules. DAQ has a varietyof substantial funding sources, includingconstruction/modification permit fees, Title V operating permit fees, non-Title V operating fees,general State revenue and federal grant monies. The agency has demonstrated the ability to implement state and federal requirements fornearly fifty years as most recently evidenced by federally approved 1997 ozone standard maintenance SIPs, submitted infrastructure SIPs forthe 1997 ozone and fine particlestandards (which EPA has found complete) and EPA approved state adoption of the federal CleanAirInterstate Rule (CAIR). Legislative authority for the West Virginia air quality program relatingto the responsibilities in theClean Air Act iscodified in the West Virginia Air Pollution Control Act, W.Va. Code §22-5, more specifically §22-5-1, which gives West Virginiatheprimary responsibility for assuringair quality pursuant to the CAA.Many elements of Section 110(a)(2)(A)-(M) already exist inthe approved SIP or recently submitted SIP revisions for other NAAQS. This SIPrevision may reiterate and/or reinforce some of these previously submitted and/or approved elements.Some requirements, such as those for intergovernmental consultation, air quality modeling and compliance with part D of the CAA, arefulfilled during the development and submission to EPA, as a SIPrevision, of attainment plans and related requirements due under Subpart 1and, in the case of ozone, Subpart 2 of the CAA.2Section110(a) elementThe implementation plan shall:West Virginia Implementation§110(a)(2)(A)include enforceable emissionlimitations and other controlmeasures, means, or techniques(including economic incentivessuch as fees, marketable permits,and auctions of emissions rights),as well as schedules andtimetables for compliance as maybe necessary or appropriate tomeet the applicable requirementsof this Act.Enforceable Emission Limitations:45CSR2 - This SIP approved rule (68FR47473)establishes emission limitations forsmoke and particulate matter which are discharged from fuel burning units.45CSR3 - The purpose of this SIP approved rule (67FR63270) is to establishparticulate matter emission limitations forhot mix asphalt plants and the plant property.45CSR5 - The purpose of this SIP approved rule (67FR62379)is to prevent and controlair pollution from the operation of coal preparation plants, coal handling operations andcoal refuse disposal areas.45CSR6 - This SIP approved rule (74FR12560) establishes emission standards forparticulate matter and requirements for activities involving incineration of refuse whichare not subject to, or are exempted fromregulation under a federal counterpart forspecific combustion sources.45CSR7 - The purpose of this SIP approved rule(50FR26732) is to control particulatematter air pollution from manufacturing processes and associated operations.45CSR10 - The purpose of this SIP approved rule (68FR33002) is to control airpollution from the emission of sulfur oxides.45CSR21 - The purpose of this SIP approved rule (60FR6022) is to apply reasonablyavailable control technology for VOC sources located in Putnam County, KanawhaCounty, Cabell County, Wayne County, and Wood County West Virginia.45CSR29 - This SIP approved rule (60FR39855) requires the submission of VOC andNOXemissions statements for sources inPutnam, Kanawha, Cabell, Wayne, Wood,and Greenbrier counties.West Virginia received approval of its CAIR SIP revision on August 4, 2009(74FR38536) which contained three StateRules; 45CSR39, 45CSR40 and 45CSR41.These rules also contain the monitoring, recordkeeping and reporting requirementsunder 40 CFR Part 75.3Pursuant to West Virginia Code, §22-5-1 declares the state’s public policy “to fulfill itsprimary responsibility for assuring air quality pursuant to the‘Federal Clean Air Act’, asamended.”The Secretary has the authority under W.Va. Code §§22-5-4(a)(1) & (3) “to developways and means for the regulation and controlof pollution of the air of the state” and“conduct such studies and research relating to air pollution and its control andabatement”.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 auspicesof the APCA are currently in effect and codifiedat Title 45 of the Code of State Rules,including the ambient air quality standards for criteria pollutants contained in 45CSR8.§110(a)(2)(B)provide for establishment andoperation of appropriate devices,methods, systems, andprocedures necessary tomonitor, compile, and analyzedata on ambient air quality, andupon request, make such dataavailable to the Administrator;Establishment of Monitoring System:Pursuant to West Virginia Code, §22-1-1(a)(1),“protecting the environment is fundamental to the health and welfare of individualcitizens,” and, the state “has a duty to provide and maintain a healthful environment forour citizens.” Under §22-1-1(a)(2), “thestate has the primary responsibility forprotecting the environment.” §22-1-1(b) “declares that the establishment of adepartment of environmental protection is in the public interest” and that “It is the policyof the state .....to use all practical means and measures to preventor eliminate harm tothe environment and biosphere, to createand maintain conditions under which manand nature can exist in productive harmony, .....”Additionally, §22-5-1 declares the state’s public policy “to fulfill its primary responsibilityfor assuring air quality pursuant to the‘Federal Clean Air Act’, as amended.”As set forth in §22-1-1(b)(5), the WVDEP, “insofar as federal environmental programsrequire state participation” must “endeavorto obtain and continue state primacy in theadministration of such federally-mandated programs,.....and to cooperate withappropriate federal agencies tomeet environmental goals.”Under §22-1-6(a), the WVDEP Cabinet Secretary “is the chief officer of thedepartment” 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 §§22-5-4(a)(1) & (3) “to developways and means for the regulation and controlof pollution of the air of the state” and“conduct such studies and research relating to air pollution and its control andabatement”.Therefore, under manifold statute authority, West Virginia operates and maintains an4§110(a)(2)(B)(continued)established network of ambient air monitorsin West Virginia for the purpose ofassessing compliance with the National Ambient Air Quality Standards, whichCongress provided for in the CAA, and suchstandards promulgated by EPA to protectthe health and welfare of individual citizens.West Virginia has committed within the 103 grant document to various PM2.5monitoringand reporting requirements. Additionally, thestate has committed within the 105 grantdocument to monitoring and reporting data for SO2, CO, O3, PM10, and PM2.5.In general, the existing network and procedures for the 1997 ozone NAAQS areconsidered adequate for the revised 2008 ozone NAAQS, as the pollutant isunchanged; only the standard (or level) is different.Similarly, the existing network and procedures for the PM2.5NAAQS are consideredadequate for the revised 2006 PM2.5NAAQS, as the pollutant is unchanged; only thestandard is different.Monitoring System Operation:To assess NAAQS compliance, DAQ operates anetwork of monitors in West Virginia that have beendesignated by EPA as eitherFederal Reference or Federal Equivalentmonitors. All ambient air monitors aresubjected 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 themonitoring network, WVDEP provides EPA Region III with adequate prior notification.Details of these changes and anticipated approvals of the changes are communicatedto EPA. On an annual basis, WVDEP submits to EPA a network design plan requiredunder 40 CFR §58.10, of any changes to thenetwork. This plan also provides for adescription of each change, the reason for each change, and any other informationrelevant to the change.As provided in West Virginia Code, §§22-5-4(a)(2) and 22-5-10, WVDEP collects andreports to EPA ambient air quality data for SO2, CO, O3, PM10, and PM2.5. The reportscomply with the federal requirements of 40CFR §58.16. The data is reviewed, edited,validated, and entered into the EPA air quality system (AQS) for updating pursuant toprescribed AQS procedures. The EPA AQS receives each report within 90 days afterthe end of the quarterly reporting period. Datais certified annually as required under 40CFR §58.15.WVDEP analyzes such air quality data to determine attainment status or progress, asdemonstrated by the 8-hour ozone redesignation and maintenance plan requestssubmitted and approved during calendar years 2006, 2007, 2008 and first quarter of2009.5§110(a)(2)(C)include a program to provide forthe enforcement of the measuresdescribed in subparagraph (A)and regulation of the modificationand construction of any stationarysource within the areas coveredby the plan as necessary toassure that national ambient airquality standards are achieved,including a permit program asrequired in parts C and D;Enforcement of Emission Limitations and Control Measures for the 1997 PM2.5and 8-hour ozone NAAQS, the 2006 PM2.5NAAQS, and the 2008 8-hour ozoneNAAQS:Pursuant to §22-1-6(a), the WVDEP Cabinet Secretary “is the chief officer ofthe department” with the powers, duties andauthority 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 ordersrequiring compliance with the provisionsof this article and the rules lawfullypromulgated hereunder.”The Secretary has the authority under W.Va.Code §22-5-4(a)(9) “to enter and inspectany property, premise or place .... for the purpose of ascertaining the state ofcompliance with this article and the rules promulgated under the provisions of thisarticle.”The Secretary has the authority under W.Va. Code §22-5-4(a)(16) “to do all thingsnecessary and convenient to prepare and submit a plan or plans for theimplementation, maintenance andenforcementof the Federal Clean Air Act .....”The Secretary also has the authority under W.Va. Code §22-5-5 to enter an orderdirecting a person to cease and desist activitywhich violates the provisions of §22-5-1et seq and the rules promulgated pursuant thereto.Pursuant to W.Va. Code §22-5-6, violators ofthe provisions of §22-5-1 et seq and therules promulgated pursuant thereto are subject to civil penalty.The federally approved provisions of WestVirginia's VOC control regulations underState Rules 45CSR21 (60FR6022).SIP approved rule 45CSR29 (60FR39855) requires the submission of VOC and NOXemissions statements for sources in Putnam, Kanawha, Cabell, Wayne, Wood, andGreenbrier counties.West Virginia received approval of its CAIR SIP revision on August 4, 2009(74FR38536) which contained three StateRules; 45CSR39, 45CSR40 and 45CSR41.These rules also contain the monitoring, recordkeeping and reporting requirementsunder 40 CFR Part 75.6Regulation of the Modification and Construction of Stationary Sources:WestVirginia's current permitting program includes three SIP approved rules: NSR rule45CSR13 (68FR9559) which provides a permitting program for construction andmodification of minor sources; PSD rule45CSR14 (71FR64470) which satisfies theprevention of significant deterioration permit program requirements in Part C of theCAA; and major NNSR rule 45CSR19 (71FR64468) which satisfies the nonattainmentarea new source review permit program requirements in Part D.West Virginia submitted 45CSR14 to EPA as a final PSD SIP revision on July 20, 2009.This fully-adopted rule includes NOXas a precursor to ozone.§110(a)(2)(D)contain adequate provisions -(i) prohibiting, consistent with theprovisions of this title, any sourceor other type of emissions activitywithin the state from emitting anyair pollutant in amounts whichwill-(I) contribute significantly tononattainment in, or interfere withmaintenance by, any other statewith respect to any such nationalprimary or secondary ambient airquality standard, or(II) interfere with measuresrequired to be included in theapplicable implementation planfor any other State under part Cto prevent significantdeterioration of air quality or toprotect visibility,(ii) ensuring compliance with theapplicable requirements ofsections 126 and 115 (relating tointerstate and internationalpollution abatement);Prohibiting Interference with Measures for PSD or Visibility:under SIP rule45CSR14 (71FR64470), “.....all applications filed by any person to construct major newor modified stationary air pollution sources, intending to locate in areas with air qualityworse than the levels set to protect the public health and welfare, or that might impactthose areas, must adequately meet thepre-construction review procedures andconditions of the Clean Air Act as amended....”. This rule includes specific federalrequirements which ensure that new ormodified sources do not interfere withmeasures to prevent significantdeterioration of air quality.West Virginia’s Regional Haze SIP wassubmitted on June 18, 2008. By operation oflaw, it became technically and administratively complete on or about December 18,2008.Ensuring Compliance with Sections 126 and 115: West Virginiais not currentlysubject to requirements under sections 115 and 126.7§110(a)(2)(E)(i)provide(i) necessary assurances thatthe state (or, except where theAdministrator deemsinappropriate, the generalpurpose local government orgovernments, or a regionalagency designated by the stateor general purpose localgovernments for such purpose)will have adequate personnel,funding, and authority understate (and, as appropriate, local)law to carry out suchimplementation plan (and is notprohibited by any provision offederal or state law from carryingout such implementation plan orportion thereof);Legal Authority:The West Virginia Air Pollution Control Act (APCA), W.Va. Code §22-5-1,declares the state'spolicy "to fulfill its primary responsibility for assuring air quality"pursuant to the CAA. The WVDEP CabinetSecretary is authorized under W.Va. Code§§22-1-6(c)(1) and 22-5-4(a)(12) to carry outand represent the state in any and allmatters pertaining to the implementation plan. The Secretary is also authorized underW.Va. Code §22-5-4(a)(16) to do all thingsnecessary and convenient to prepare andsubmit a plan. The Secretary is not prohibited by any provision of federal or state lawfrom carrying out the implementation plan or portion thereof.The Secretary has the authority under W.Va. Code §§22-1-3(a), 22-5-4(a)(4) and 22-5-4(a)(17) to promulgate rules in accordance with the Administrative Procedures Act(W.Va. Code §§ 29A3-1 et seq.) Approximately forty rules revised under the auspicesof the APCA are currently in effect and codifiedat Title 45 of the Code of State Rules,including the ambient air quality standards for criteria pollutants contained in 45CSR8.Statutory permitting requirements are set forth in W.Va. Code §§22-5-11 & 12. WestVirginia has an EPA-approved air permitting programfor both major and minorfacilities, under state rules 45CSR13, 45CSR14, 45CSR19 and 45CSR30 (asapplicable).Personnel:WVDEP has demonstrated adequate personnel to carry out theimplementation plan with respect to 8-hour ozone and PM2.5NAAQS requirements. TheSecretary employs adequate personnel and retains specialists under W.Va. Code §22-5-4(a)(8) that are "necessary, incidentor convenient" to accomplish the statutorymandate to carry out the implementation plan.Funding:The APCA provides adequate funding under W.Va. Code §§22-1-10(a) and2-5-4(a)(17) to carry out the implementation plan. W.Va. Code §22-5-12 sets forth thestatutory operating permit requirements for stationary sources under Title V of the CAA.45CSR30 establishes fees sufficient to cover the direct and indirect costs ofadministering the air pollution control planning process, Title V operating permitprogram, and support the air pollution control program authorized by statute. TheAPCA also authorizes the establishment of fees to cover non-Title V permitting costsunder 45CSR22. The air quality program also receives revenue from fines andpenalties (Air Pollution Control Fund) and federal funds under Section 105 and 103 ofthe CAA, special federal funds for PM2.5, and state general appropriations.§110(a)(2)(E)(ii)(ii) requirements that the statecomply with the requirementsrespecting state boards undersection 128, andState Boards Under Section 128:Because West Virginia does not have a board whichapproves permits or enforcement orders, this element is not applicable.8§110(a)(2)(E)(iii)(iii) necessary assurances that,where the state has relied on alocal or regional government,agency, or instrumentality for theimplementation of any planprovision, the state hasresponsibility for ensuringadequate implementation of suchplan provision;Responsibility for Implementation ofAssured Local Plan Provision:Because themodeling and consequent determination regardingthe attainment status of the EasternPanhandle counties relied on federal interstatetransport programs only rather than themeasures contained in the EAC (70FR48287),West Virginia did not rely on local orregional entities for the reductions required for attainment.The state will retain primacy for future plans that rely local or regional governments,agencies or instrumentalities.§110(a)(2)(F)require, as may be prescribed bythe Administrator -(i) the installation,maintenance, and replacementof equipment, and theimplementation of othernecessary steps by owners oroperators of stationary sourcesto monitor emissions from suchsources,(ii) periodic reports on thenature and amounts ofemissions and emissions-relateddata from such sources, and(iii) correlation of such reportsby the state agency with anyemission limitations or standardsestablished pursuant to this Act,which reports shall be availableat reasonable times for publicinspection;Monitoring:W.Va. Code §22-5-4(a)(15) authorizes the Secretary to require theinstallation, maintenance and replacement of equipment, and the implementation ofother necessary steps by owners or operators of stationary sources to monitoremissions from such sources as the Secretary may prescribe. Under this authority,West Virginia requires the installation, maintenance, and replacement of monitoringequipment at stationary sources throughpermits issued under 45CSR13, 45CSR14,45CSR19, 45CSR30, and via compliance orders. The state’s NOx SIP Call (45CSR1 &45CSR26) and CAIR rules (45CSR39, 45CSR40 & 45CSR41) also require theinstallation, maintenance, and replacement of monitoring equipment.Reporting:W.Va. Code §§22-5-4(a)(15) authorizes the Secretary to require periodicreports on the nature and amounts of emissions and emissions-related data fromowners or operators of stationary sources(monitoring data). Pursuant to W.Va. Code§§22-5-4(a)(14), the Secretary is authorized to require such information as theSecretary may require in a form or manner prescribed by the Secretary (emissionsinventory program). Under this authority, West Virginia requires periodic reports on thenature and amounts of emissions and emissions-related data from stationary sourcesthrough permits issued under 45CSR13, 45CSR14, 45CSR19, 45CSR30, and viacompliance orders. The state’s CAIR rules (45CSR39, 45CSR40 & 45CSR41) alsorequire periodic reporting of emissions data.Correlation of Reports:W.Va. Code §22-1-6(d)(3) authorizes the Secretary to“investigate for violations of statutes orrules which the department is charged withenforcing.” §22-5-4(a)(3) authorizes the Secretary to correlate periodic emissionsreports with any emission limitations or standards established pursuant to 45CSR13,45CSR14, 45CSR19, 45CSR30 or the CAA. Asset forth in W.Va. Code §22-5-10, theSecretary makes available at reasonabletimes for public inspection the periodicemissions reported under §§22-5-4(a)(14) & (15). The Secretary has the responsibilityof making all records, reports or information obtained by the Department or referred toat public hearings under the provisions ofthe APCA available to the public, except tothe extent the records, reports or information are protected by confidentiality pursuantto 45CSR31. The types of records DEP routinely provides access to include9notifications, inspection reports, notices ofviolation, enforcement orders, applications,permit review letters, sample results, monitoring reports, permits, approvals and denialsthat would relate to §110(a)(2)(F). WVDEP generally makes information available forpublic access through its website, but alsomakes hard copy reports available uponwritten request.§110(a)(2)(G)provide for authority comparableto that in section 303 andadequate contingency plans toimplement such authority;Comparable Authority:W.Va. Code §22-5-5 authorizes the Secretary to issue anorder to cease and desist any activity thatviolates the Air Pollution Control Act. TheSecretary may also suspend, modify or revoke a source’s permit. Under §22-5-6, theSecretary may also institute lawsuits for civil penalties. §22-5-7 authorizes theSecretary to seek applications for injunctive relief. §22-5-8 authorizes the Secretary,with the written authorization of the governor, to shut down a source, therebypreventing the emission of air pollutantswhich substantially contributes to anemergency that requires immediate action toprotect public health. As provided in WestVirginia Code, §§22-5-4(a)(2) and 22-5-10, the Secretary may consult with EPA toaffirm accuracy of any information considered while executing authority under §§22-5-5,-6, -7 or -8.Contingency Plans:SIP approved rule 45CSR11 (58FR34526) provides a mechanismto prevent the buildup of ozone and PM10concentrations during periods of adversemeteorological conditions in which air pollutants may accumulate, thereby preventingthe occurrence of an emergency due to the effects of these pollutants on health. Toachieve this purpose, three (3) stages of criteria (pollutant concentration levels) havebeen established and specific emission reduction plans will be developed which will beinitiated at each criteria stage to prevent further deterioration of the air supply to any airquality region or substantial portion thereof.West Virginia satisfies the criteria to be classified a Priority III Region under 40 CFR§51.150(f) for particulate matter. As set forth in 40 CFR §51.150(c), areas classified asPriority III do not need todevelop episode (contingency) plans. To date, EPA has notpromulgated a classification system under the current 8 hour ozone and PM2.5NAAQS.§110(a)(2)(H)provide for revision of such plan-(i) from time to time as may benecessary to take account ofrevisions of such nationalprimary or secondary ambientair quality standard or theavailability of improved or moreexpeditious methods of attainingRevision of NAAQS:W.Va. Code §22-5-4(a)(16) authorizes the Secretary to do allthings necessary and convenient to prepareand submit a plan. WVDEP has historicallyrevised, and will continue to revise its NAAQS rules as necessary to take account ofrevisions of the national primary or secondary ambient air quality standards or improvedor more expeditious methods of attaining the standards.West Virginia submitted a NAAQS SIP revision on April 25, 2008. On February 8, 2009,West Virginia received full SIP approval of its NAAQS rule 45CSR8 (74FR6552). Thisrule contains ambient air quality standards for all criteria pollutants, including the 200610such standard, and(ii) except as provided inparagraph (3)(C), whenever theAdministrator finds on the basisof information available to theAdministrator that the plan issubstantially inadequate to attainthe national ambient air qualitystandard which it implements, orto otherwise comply with anyadditional requirementsestablished under this Act;PM2.5NAAQS, equivalent to the national primary and secondary ambient air qualitystandards established under Section 109 ofthe Clean Air Act, and promulgated by theUnited States Environmental Protection Agency under 40 CFR Part 50 through June 1,2007.West Virginia submitted a NAAQS SIP revision (45CSR8) on July 20, 2009 whichadopts the 2008 8-hour ozone standard.Inadequate Plan:When, if ever, EPA finds the SIPis substantially inadequate to attainthe NAAQS which it implements or otherwise tocomply with the CAA, West Virginia willrevise the plan as necessary for adequacy.§110(a)(2)(I)In the case of a plan or planrevision for an area designatedas a nonattainment area, meetthe applicable requirements ofpart D (relating to nonattainmentareas);Non-Attainment 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 planunder the CAA. In the case of a implementation plan or plan revision for an areadesignated as a non-attainment area,the Secretary shall ensure that theimplementation plan or plan revision meets the applicable requirements Subchapter I,Part D of the CAA.§110(a)(2)(J)meet the applicable requirementsof section 121 (relating toconsultation) and section 127(relating to public notification)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 andLand Managers with respect to SIP development. WVDEP also consults with suchentities regarding implementation plans for air quality maintenance requirements,preconstruction review of direct sources,nonattainment requirements, and preventionof significant deterioration. As an example, WVDEP consulted with federal LandManagers on the development of West Virginia’s Regional Haze SIP revision, andprovided an additional 30-day review and comment period beyond the general publicreview period.Notification:W.Va. Code §22-1-12 provides authority for the public notification ofNAAQS violations and education efforts asrequired by CAA Section 127. Each year,WVDEP issues a comprehensiveAir Quality Annual Report, which compares monitoredair quality data with the NAAQS, and tracks theAir Quality Index. The Report containsemissions information and air quality highlights from the previous year, and providespublic awareness of criteriapollutants and their effects on health; educational websitelinks 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 fromschool buses and vehicles at public schools.11Measures for PSD or Visibility:under SIP rule 45CSR14 (71FR64470), “.....allapplications filed by any person to construct major new or modified stationary airpollution sources, intending to locate in areas with air quality worse than the levels setto protect the public health and welfare,or that might impact those areas, mustadequately meet the pre-construction reviewprocedures and conditions of the CleanAir Act as amended ....”. This rule includesspecific federal requirements which ensurethat new or modified sources do not interfere with measures to prevent significantdeterioration of air quality.West Virginia’s Regional Haze SIP wassubmitted on June 18, 2008. By operation oflaw, it became technically and administratively complete on or about December 18,2008.§110(a)(2)(K)provide for:(i) the performance of such airquality modeling as theAdministrator may prescribe forthe purpose of predicting theeffect on ambient air quality ofany emissions of any air pollutantfor which the Administrator hasestablished a national ambient airquality standard, and(ii) the submission, upon request,of data related to such air qualitymodeling to the Administrator;Air Quality Modeling:West Virginia Code, §§22-5-4(a)(1) & (3), authorizes theSecretary to “develop ways and means for theregulation and control of pollution of theair of the state” and “conduct such studiesand research relating to air pollution and itscontrol and abatement”. Inherent in West Virginia's authority to meet the NAAQS and toconduct studies and research is the obligation for WVDEP to perform modeling asrequired under the CAA to demonstrate attainment of the NAAQS, as prescribed by theAdministrator. WVDEP participates in regional planning organizations such as theAssociation for Southeastern IntegratedPlanning (ASIP), which performs NAAQSmodeling for member states. West Virginiawill continue to perform modeling, asrequired under the CAA to demonstrate attainment of the NAAQS.Submission of Data:W.Va. Code §§22-5-4(a)(2), 22-5-10 and 22-5-4(a)(16)authorizes the Secretary to submit, upon request by the Administrator, modeling datapredicting the effect on ambient air qualityof any emissions of any air pollutant forwhich the Administrator has established a national ambient air quality standard. WestVirginia will continue to submit the air quality modeling data as part of its relevant SIPsubmissions and through Federal grant commitments or in other ways that EPA mayrequest.§110(a)(2)(L)require the owner or operator ofeach major stationary source topay to the permitting authority,as a condition of any permitrequired under this Act, a feesufficient to cover-(i) the reasonable costs ofreviewing and acting upon anyPermit Fees for Review Cost:EPA has SIP approved PSD rule 45CSR14(71FR64470) and major NSR rule 45CSR19(71FR64468) (construction permits).Program permit fees are contained in the rules.Permit Fees for Implementing and Enforcing Permit Conditions:West Virginia hasan approved Title V operating permit program under 45CSR30 (66FR50325). Programpermit fees are contained in the rule.12application for such a permit,and(ii) if the owner or operatorreceives a permit for such source,the reasonable costs ofimplementing and enforcing theterms and conditions of any suchpermit (not including any courtcosts or other costs associatedwith any enforcement action),until such fee requirement issuperseded with respect to suchsources by the Administrator'sapproval of a fee program undertitle V;§110(a)(2)(M)provide for consultation andparticipation by local politicalsubdivisions affected by the plan;Consultation:W.Va. Code §22-5-4(a)(2), authorizes the Secretary to advise, consultand cooperate with local political subdivisions affected by the implementation plan.West Virginia consults with local governments, organizations and Land Managers withrespect to SIP development. WVDEP also consults with such entities regardingimplementation plans for air quality maintenance requirements, preconstruction reviewof direct sources, nonattainment requirements, andprevention of significantdeterioration.