west virginia department of environmental protection

Appendix Q

Public Participation

Documentation

Promoting a healthy environment.

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 1
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Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 2
Table of Contents

Public Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Q - 5

Public Notice 7-17-09 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Q - 7

Public Notice 9-25-09 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Q - 9

Transmittal Letters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Q- 11

Transmittal Letter to EPA 7-16-09 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Q - 13

Transmittal Letter to EPA 9-24-09 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Q - 15

Transmittal Letter to EPA 11-4-09 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Q - 17

Legal Ads (7-17-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Q - 19

State Register 7-17-09 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Q - 21

Charleston Gazette 7-17-09 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Q - 25

Legal Ads (9-25-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Q - 27

State Register 9-25-09 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Q - 29

Charleston Gazette 9-25-09 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Q - 33

Public Hearing Sign-In Sheets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Q - 35

Hearing Sign-In Sheet 8-18-09 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Q - 37

Hearing Sign-In Sheet 10-27-09 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Q - 39

Public Hearing Transcripts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Q - 41

Hearing Transcript 8-18-09 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Q - 43

Hearing Transcript 10-27-09 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Q - 49

Public Comments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Q - 55

EPA Comments 8-25-09 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Q - 59

EPA Comments 9-2-09 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Q - 69

Response to Comments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Q - 71

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 3
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Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 4
Public Notice

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 5
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Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 6
NOTICE OF PUBLIC COMMENT AND HEARING

The West Virginia Department of Environmental Protection (DEP) is offering an opportunity for

public comment, and will hold a public hearing, on a proposed revision to the State

Implementation Plan (SIP) to attain and maintain the national ambient air quality standards for 

fine particulate matter (PM2.5). In this proposed revision to the SIP, DEP demonstrates that the

Charleston, WV PM2.5 nonattainment area, comprising Kanawha and Putnam Counties, will meet

the annual PM2.5 standard by the mandatory date of April 2010. Further, DEP shows that the

expected air quality improvement will be achieved through federally enforceable emission

reduction measures. The area was designated as nonattainment with the 1997 PM2.5 annual

National Ambient Air Quality Standard (NAAQS) in the January 5, 2005 Federal Register [70

FR 944], effective April 5, 2005.

Once finalized, the West Virginia 1997 Fine Particle (PM2.5 ) Attainment Demonstration and

State Implementation Plan for the Charleston, West Virginia Nonattainment Area, Comprising

Kanawha and Putnam Counties will be submitted to U. S. EPA for approval and incorporation as

a revision to the State Implementation Plan (SIP). Written and oral comments will be accepted

until the close of the public hearing and will be made part of the formal record. The public

hearing shall be held in the Dolly Sods Conference Room beginning at 6:00 p.m. on August 18,

2009 at DEP headquarters: 601 57th Street SE, Charleston WV 25304. Written comments will

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

(Tammy.L.Mowrer@wv.gov) or other delivery to the Division of Air Quality if received by the

close of business on August 18, 2009. Send written comments to be included in the formal

record to John A. Benedict, Director, Division of Air Quality at the address above. Please

identify the document to which the comments apply, the commenter’s name, address, and

telephone number.

Copies of the proposed SIP revision may be viewed on weekdays between 8:30 a.m. and 4:30

p.m. at the Division of Air Quality, 601 57th SE, Charleston, WV 25304. The proposed SIP

revision may also be accessed via the following web address:

http://www.wvdep.org/item.cfm?ssid=8&ss1id=376

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 7
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Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 8
NOTICE OF PUBLIC COMMENT AND HEARING

The West Virginia Department of Environmental Protection (DEP) is offering an opportunity for

public comment, and will hold a public hearing, on one specific element of a proposed revision

to the State Implementation Plan (SIP) to attain and maintain the national ambient air quality

standards (NAAQS) for fine particulate matter (PM2.5). In the proposed revision to the SIP, DEP

demonstrates that the Charleston, WV PM2.5 nonattainment area, comprising Kanawha and

Putnam Counties, will meet the 1997 PM2.5 standard by the mandatory date of April 2010.

Further, DEP shows that the expected air quality improvement will be achieved through

federally enforceable emission reduction measures. The area was designated as nonattainment

with the 1997 PM2.5 NAAQS in the January 5, 2005 Federal Register [70 FR 944], effective

April 5, 2005. DEP previously offered a 30 day comment period on this proposed SIP revision

and only received comments from the U.S. EPA. In response, we have established PM2.5 and

Nitrogen Oxides (NOx) Motor Vehicle Emissions Budgets (MVEB) for highway vehicles;

significantly revised the Transportation Conformity chapter (Chapter 2.5); and are reopening the

comment period only with respect to this chapter of the proposed SIP revision.

Once finalized, the West Virginia 1997 Fine Particle (PM2.5 ) Attainment Demonstration and

State Implementation Plan for the Charleston, West Virginia Nonattainment Area, Comprising

Kanawha and Putnam Counties will be submitted to U. S. EPA for approval and incorporation as

a revision to the State Implementation Plan (SIP). Written and oral comments will be accepted

until the close of the public hearing and will be made part of the formal record. The public

hearing will be held in the Dolly Sods Conference Room beginning at 6:00 p.m. on October 27,

2009 at DEP headquarters: 601 57th Street SE, Charleston WV 25304. Written comments will

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

(Tammy.L.Mowrer@wv.gov) or other delivery to the Division of Air Quality if received by the

close of business on October 27, 2009. Send written comments to be included in the formal

record to John A. Benedict, Director, Division of Air Quality at the address above. Please

identify the document to which the comments apply, the commenter’s name, address, and

telephone number.

Copies of the proposed SIP revision may be viewed on weekdays between 8:30 a.m. and 4:30

p.m. at the Division of Air Quality, 601 57th SE, Charleston, WV 25304. The proposed SIP

revision may also be accessed via the following web address:

http://www.wvdep.org/item.cfm?ssid=8&ss1id=376

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 9
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Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 10
Transmittal Letters

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 11
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Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 12
west virginia department of environmental protection -- - - - 

Division of Air Quality 

601 57'h Street SE 

Charleston, WV 25304 

Phone: 304.926.0475 + Fax: 304.926.0479 

Joe Manchin 111, Governor 

Randy C. Huffman, Cabinet Secretary 

www.wvdep.org 

July 16,2009 

Diana Esher, Director 

Air Protection Division 

U.S. EPA Region I11 

1650 Arch Street (3AP00) 

Philadelphia, PA 19 103-2029 

Re: Proposed Revision to the West Virginia SIP to Demonstrate Attainment of the 1997 PM,,, 

NAAQS for the Charleston, WV Nonattainment Area 

Dear Ms. Esher: 

The West Virginia Department of Environmental Protection, Division of Air Quality is 

herein submitting for your review and comment the enclosed West Virginia 1997 Fine Particle 

(PM,.,) Attainment Demonstration and State Implementation Plan for the Charleston, West 

Virginia Nonattainment Area, Comprising Kanawha and Putnam Counties (proposed). We are 

providing a hard copy of the primary narrative but the supporting documentation is being 

supplied on a digital compact disk because of the extremely large volume of a comparable print 

out. 

As you know, the Charleston area, comprising Kanawha and Putnam Counties, was 

designated as nonattainment with the 1997 PM,,, National Ambient Air Quality Standard 

(NAAQS) in the January 5,2005 Federal Register [70 FR 9441, effective April 5,2005. Upon 

finalization, the State of West Virginia plans to request that the EPA approve the Charleston 

attainment demonstration, with a projected attainment date of April 2010, as a revision to the 

state implementation plan (SIP). 

Charleston, WV 1997 PM2.5 SIP

Promoting a 

Appendix Q

healthy environment. 

Page Q - 13
Letter to Diana Esher 

July 16,2009 

Page 2 

Written and oral comments will be accepted until the close of the public hearing and will be 

made part of the formal record. The public hearing shall be held beginning at 6:00 p.m. on 

August 18,2009 in the Dolly Sods Conference Room of the DEP Headquarters, 601 57'h Street, 

Charleston, West Virginia 25304. Written comments will also be accepted for inclusion in the 

formal record by mail, facsimile (304-926-0479), e-mail (Tamm~.L.MowrerOwv.crov) or other 

delivery to the Division of Air Quality if received by the close of business on August 18,2009. 

Send written comments to be included in the formal record to John A. Benedict, Director, 

Division of Air Quality via any of the mechanisms noted above. Mail should be sent to the 

address shown in the letterhead. Please identify the document to which the comments apply, the 

commenter's name, address, and telephone number 

If you or your staff have any questions, have any difficulty reading the CD or would like 

additional information, please feel free to contact Fred Durham, Deputy Director, at the address 

shown in the letterhead or at (304) 926-0499, ext. 1242. 

y~ohn A.Benedict, Director 

Division of Air Quality 

Enclosures 

Charleston, WV 1997 PM2.5 SIP

Promoting a 

Appendix Q

healthy environment. 

Page Q - 14
west virginia department of environmental protection 

Division of Air Quality 

601 57" Street SE 

Charleston, WV 25304 

Phone: 304.926.0475 + Fax: 304.926.0479 

Joe Manchin 111, Governor 

Randy C. Huffman, Cabinet Secretaq 

www.wvdep.org 

September 24,2009 

Diana Esher, Acting Director 

Air Protection Division 

U.S. EPA Region I11 

1650 Arch Street (3AP00) 

Philadelphia, PA 19 103-2029 

Re: Proposed Revision to the West Virginia SIP to Demonstrate Attainment of the 1997 PM2., 

NAAQS for the Charleston, WV Nonattainment Area - Reopening Comment Period on 

Transportation Conformity Chapter 

Dear Ms. Esher: 

The West Virginia Department of Environmental Protection, Division of Air Quality is 

offering an opportunity for public comment, and will hold a public hearing, on one specific 

element of a proposed revision to the State Implementation Plan (SIP) to attain and maintain the 

national ambient air quality standards (NAAQS) for fine particulate matter (PM,,,). In the 

proposed revision to the SIP, DEP demonstrates that the Charleston, WV PM2,, nonattainment 

area, comprising Kanawha and Putnam Counties, will meet the 1997 PM2., standard by the 

mandatory date of April 201 0. We are herein submitting for your review and comment the 

enclosed West Virginia 1997 Fine Particle (PM,, ,) Attainment Demonstration and State 

Implementation Plan for the Charleston, West Virginia Nonattainment Area, Comprising 

Kanawha and Putnam Counties (proposed September 2009). DEP previously offered a 30 day 

comment period on the proposed SIP revision and only received comments from the U.S. EPA. 

In response, we have established PM,., and Nitrogen Oxides (NOx) Motor Vehicle Emissions 

Budgets (MVEB) for highway vehicles; significantly revised the Transportation Conformity 

chapter (Chapter 2.5); and are reopening the comment period only with respect to this chapter of 

the proposed SIP revision. 

Written and oral comments will be accepted until the close of the public hearing and will be 

made part of the formal record. The public hearing will be held beginning at 6:00 p.m. on 

October 27,2009 in the Dolly Sods Conference Room of the DEP Headquarters, 601 57th Street, 

Charleston, West Virginia 25304. Written comments will also be accepted for inclusion in the 

formal record by mail, facsimile (304-926-0479), e-mail (Tammv.L.Mowrer@,wv.qov) or other 

delivery to the Division of Air Quality if received by the close of business on October 27,2009. 

Promoting a healthy environment, 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 15
Letter to Diana Esher 

September 24,2009 

Page 2 

Send written comments to be included in the formal record to John A. Benedict, Director, 

Division of Air Quality via any of the mechanisms noted above. Mail should be sent to the 

address shown in the letterhead. Please identify the document to which the comments apply, the 

commenter's name, address, and telephone number 

If you or your staff have any questions or would like additional information, please feel free 

to contact Fred Durham, Deputy Director, at the address shown in the letterhead or at (304) 926- 

0499, ext. 1242. 

/~ohn A. Benedict, Director 

Division of Air Quality 

Enclosures 

Promoting a healthy environment. 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 16
- 

west virginia department of environmental protection -- -- -- -- - - -- - - 

Executive Office Joe Manch~n 111, Governor 

601 5Th Street SE Randy C Hufhan, Cabinet Secretary 

CharIeston, WV 25304 www wvdep org 

November 4,2009 

Mr. William C. Early 

Acting Regional Administrator 

U.S. EPA, Region I11 (3RA00) 

1650 Arch Street 

Philadelphia, PA 19 103-2029 

Re: Final Charleston, WV PM2,, Attainment 

Demonstration State Implementation Plan 

(SIP) Pursuant to the Federal Clean Air 

Fine Particle Implementation Rule (40 

CFR 5 1, Subpart Z) 

Dear Administrator Early: 

In a letter dated July 16,2009, this agency submitted to the Air Division a proposed revision 

to the State Implementation Plan (SIP) for the State of West Virginia to meet its obligations 

under the Clean Air Act (CAA) and the Federal Clean Air Fine Particle Implementation Rule, for 

the Charleston, WV PM2., nonattainment area (1 997 standard). Based upon comments received 

from EPA, DEP made revisions; reopened the comment period and notified EPA in a letter dated 

September 24,2009. We have now completed the public participation process and are herein 

submitting the final SIP. We certifj7 that the public hearing required by 40 CFR 55 1.102(a) was 

held in accordance with the applicable state laws and the requirements of 40 CFR 55 1.102(d). 

Please be advised that pursuant to 40 CFR 5 1.1 16 (Data Availability), and in consultation 

with EPA Region 3 senior staff, certain detailed data and calculations are being provided in 

electronic form but not in hard copy. The State of West Virginia requests that the EPA approve 

this Charleston attainment demonstration, with a projected attainment date of April 201 0, as a 

revision to the SIP. If you have any questions regarding this submittal or require additional 

information, please contact John A. Benedict, Director of the Division of Air Quality, at (304) 

926-0462. 

-9- Randy C. H an 

Cabinet Secretary 

Enclosure 

cc: Judy Katz, EPA 

John A. Benedict, DEP 

Promoting a healthy environment. 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 17
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Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 18
Legal Ads

(7-17-09)

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 19
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Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 20
WEST

VIRGINIA

REGISTER

Volume XXVI

Issue 29

July 17,2009

Pages 1306 - 1353

A Weekly Publication

Administrative Law Division

Judy Cooper, Manager

Natalie E. Tennant

Secretary of State

Administrative Law Division

Bldg. 1, Suite 157K

1900 Kanawha Blvd. E.

Charleston, WV 25305-0770

(304) 558-6000

www.wvsos.com

Published by the Office ofthe Secretary of State

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 of Tax Appeal Decisions

X. Other Documents or Information Filed

XI. Publication Deadlines and Publication Dates

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 21
AGENCY

Accountancy, VI/V Board of

Administration

Agriculture

Athletic Commission, WV State

City Hospital, Inc

Coal Heritage Highway Authority

Commerce, Dept. of- Div. of Forestry

Conservation Agency, WV

Consolidated Public Retirement Board

Corrections, WV Div. of

Counseling Board

Dental Examiners, WV Board of

DEP

Development Office, WV

Developmental Disabilities Council, WV

Education

Film Office, WVlDivision of Tourism

Forestry, Division of-DOC

Grievance Report

Health Care Authority

Highland Hospital Association

Human Rights Commission

Information Technology Council

Infrastructure & Jobs Development Council

Insurance Commission

Licensed Practical Nurses

Lottery

Miners' Health, Safety & Training

Natural Resources

Physical Therapy Board

Public Defender Corporation 18th Judicial Circuit

Public Service Commission

Real Estate Appraiser Licensing & Certification Board

Real Estate Commission

Region 7 Workforce Investment Board

Secondary Schools Activities Commission

Speech-Pathology and Audiology

State Auditor's Office

Tax Department

Waste Management

Wheeling-Ohio County Board of Health

WorkForce West Virginia

INDEX

PAGElS)

1307

1307

1338

1307

1307

1307

1307

1307

1307-8

1347

1308

1350

1308, 1352

1308

1308

1306,1308,1312,1338-9

1309

1309

1351

1306,1312,1339,1344-5,1350

1309

1350

1309

1309

1345-6

1340

1309, 1340-1

1310

1341-2

1310

1310

1310

1342, 1348

1350

1311

1343

1348

1311

1352-3

1349

1311

1311

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 22
SUBJECT: ECONOMIC OPPORTUNITY TAX CREDIT - - Notice of

Statewide Average Nonfarm Payroll Wage for Tax Years

Beginning In 2010

Application of CurrentYear Annual CradltAllowance - As stated In subsectfon

11-13Q-7(b) of the W. Va. Code, the amount of aggregate annual credit

allowance for the currant taxable year Is allowed as a credit against eighty

percentof that portionof the Taxpayer's Statetax liabilitywhich Is attributable to

and the direct rasultof the Taxpayer's qualified Investment, and applied against

the taxes enumerated in W.Va. Code subsectIons 11-13Q-7(c) through

11-13Q-7(f), both Inclusive, and In the order specffied: Provided, That If the

median salary of the new Jobs is higher than the atatewlde average nonfarm

payroll wage, as determined annually by the West VirgInia Bureau of

Employment Programs, the amountof aggregate annualcredit allowance for the

curranttaxableyear la allowed as a credit againstone hundred percentof that

portionof the Taxpayer's Statetax liabilitywhich is attributable to and the direct

resultof the Taxpayer's qualffied Investment, and shallbe applied, as proVided In

W.Va.Codesubsections 11-13Q-7(c) through 11-13Q-7(f), both inclusive, and In

the orderspecified.

Accordingly, for taxyearsbeginning dUring calendar year 2010:

"Statewide Average Nonfarm Payroll Wage" for purposes of

determining the portionof the Taxpayer's Statetax liability againstwhich

the Economic Opportunity Tax Creditmaybe applied, Is $35,985.

A summary of the applicable annual Statewide Average Nonfarm Payroll

Wage criteria, by calendar year,for tax yearsbaglnnlng Inauchyears,follows:

CRITERIA

NOTICE OF PUBLIC COMMENTANDHEARINQU09 JUL 14 PH 4:50

TheWestVirginia Department of Environmental Protection (DEP)IsOffering~pf.lrtunlty ~NIA

publiccomment, andwillholda publichearing, ona proposed revision to the ~ir~ii' (IF STATE

Implementation Plan(SIP)toattainandmaintain the national ambient air quail d'a1'IIsTor

fineparticulate matter(PMu>. In thisproposed revision to the SIP,DEPdemonstrates thatthe

Charleston, WVPMu nonattalnment area, comprising Kanawha andPutnam Counties, willmeet

theannual PMu standard bythe mandatory dateof April2010.Further, DEPshowsthat the

expected airquality Improvement willbe achieved throughfederally enforceable emission

reduction measures. The area wasdesignated asnonattalnment withthe 1997PMu annual

National Ambient AirQuality Standard (NAAQS) Inthe January S,2005Federal RBgister [70

FR944],effective AprilS, 2005.

Oncet1naIlzcd, theWestVirginia 1997 FineParticle (PMuJ Attainment Demonstration and

StateImplementation Plan/or theCharleston, West Virginia Nonattainment Area.Comprising

Kanawha andPutnam Counties willbe submitted to U. S. EPAforapproval and Incorporation as a revision to theStateImplementation Plan(SIP).Written andoralcommenta willbe accepted

untilthecloseof the publichearingandwillbe madepart ofthe formal record. Thepublic

hearing shallbe heldInthe DollySodsConference Room beginning at 6:00p.m.on August 18,

2009at DEPhcadquartara: 601 57'"StreetSE,Charleston WV25304.Written commenta will

alsobe accepted forInclusion Inthe formal record by mall,facsimile (304-926-0479), e-mail

(Tammy.L.Mowrcr@wv.gov)orotherdellverytothe Division of AirQuality ifreceived bythe

closeofbuslncssonAugust 18,2009. Sendwritten commentsto be Included Inthe formal

record to JohnA. Benedict, Director, Division of AirQuality at theaddress above. Please

IdentitY thedocument to whichthe comments apply, the commenter's name,address, and

telephone number.

Copies of.theproposed SIPrevision ~ay be vlcwed on weekdays between 8:30am. and4:30

p.m.at theDivision of AirQuality, 601 57'"SE,Charleston, WV25304.Theproposed SIP

revision mayalsobe accessedviathe following webaddress:

http;/{www.wvdc:p.orgJltem&fm1ssld=8&sslld=376

OTHER

STATE OF WEST VIRGINIA

Department of Revenue

State Tax Department

Joe Mancblnm

Governor

ADMINISTRATIVE NOTICE 2009-23

Christopher G. Monis State TaxCommlaloner

CalendarYear Statewide Average Nonfarm Payroll Wage

2003 $27,981

2004 $28,615

2005 $29,284

LEllALDMSlON,P.D.BOX1005.CHARLllSTON, WV:I5324005 TELEPHONlI (304) 558-5330

FAX(304) 558-1721

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 23
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Charleston, WV 1997 PM2.5 SIP Appendix Q 
LEGAL. 

AWERTlSEMENT ' 

The West Virginia Dewrtment of Envlronmentat Protection (DEP) 1s 

offering an oppartunltv for 

public comment, and wlll 

hold a public hearing, on o proposed revision to the 

State Im lamentation 

Plan (SIP) Po attain and 

mainlain the national ambient air quality standards 

for fine mrticulate matter 

(PM2.5)' In this proposed revlslon to the SIP. DEP 

demonstrates that the 

Charleston, WV PM25 

nonattainment area, com- prising Kanowha and 

Putnam Counties, will 

meet the annual PM25 

standard by the mandato- rv date of April 2010. Further, DEP shows that the 

expected air quality lmprovement will be achieved through . feerally enforceable emlsslon re- duction measures. The area was desleyted as nonattalnment wlth the 

1997 PM2.5 annual National Ambient Air Quolitv 

Standard (NAAQS) In the 

January 5, 2005 Federal 

Resister [70 FR 9441, effediveAprll5,2005. 

Once flnalized, the West 

Virginia T997 Fine Particle (PM2.5) Attainment 

Demonstration and State 

lm~lementatlon Plan for 

the Charleston. West Virginia Nonottalnment 

Arm, Corn rising Kanawha and Butnam 

Counties will be submitted 

to U. S. EPA for a~~roval 

and incorwrotlon as a re- vision to the State Imple mentatlon Plan (SIP). Written and oral com- ments will be accepted un- til the close of the publ~c hearing and wlll be made 

part of the formal record. 

The public hearlng shall 

be held in the Dollv Sods 

Conference Room begin- ning at 6:W a.m. on August 18,2009 at DEP hwdquarters: 601 57b Street 

SE, Charleston WV 25304. 

Wr~tten comments w!ll al- K) be accepted for ~nclusion in the formal record 

by mail, facsimile (304- 92684791, e-mail 

(Tammv.L.Mowrer@wv.g 

OV) or other dellvery to 

the Division of Air Quality if received by the close of 

busi~ on August 18. 

2009. Send written com- ments to be included in the 

formal record to John A. 

~enediti, Director, Division of Air Quality at the 

address above. Please 

identify the document to 

which the comments ap ply, the commenter's 

name, address, and teleMane number. 1 Copfes of the pro~ed SIP revision mav be ] viewed on weekdovs between 8:30 a.m. and 4:30 

p.m. at the Division of Air 

Qualltv. 601 57' SE, Charleston, WV 25304.The pro- posed SIP revislon may also be accessed via the 1 followins web address: 

I http:!!www.wvde or ~t 

etfififi?s_sid=JBs&&=?i6 - TW259) 

- --- 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 25
CHARLESTON NEWSPAPERS 

P.O. Box 2993 

Charleston, West Virg~nia 25330 

Billing 348-4898 

Classified 348-4848 

1-800-WVA-NEWS 

I WVDEP AIR QUALITY 

SANDRA ADKINS 

:ILLED 601 57TH ST., SE 

TO CHARLESTON WV 25304 USA 

A 

LEGAL ADVERTISING INVOICE 

I SALES REP ID I VVJJ 

INVOICE NBR 598294UUI 

Please return this portion with your payment. AMOUNT PAID: 

Make checks payable to: Charleston Newspapers 

INVOICE DATE M 

ACCOUNT NBR 

u//zu/uY 

013644105 I\ II U -2 

INVOICE DATE 

ACCOUNT NBR 

SALES REP ID 

INVOICE NBR 

State of West Virginja, AFFIDAVIT OF PUBLICATION 

-- . - 

I, 

, of 

u I/LU/UY 

013644105 

U0Y.j 

598294UUl 

CHARLESTON NEWSPAPERS 

P 0 Box 2993 

Charleston, West Vlrgln~a 25330 

Bllllng 348-4898 

Classified 348-4848 

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

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

The Daily Mail rate is $.I3 per word, the Charleston Gazette rate is $. 14 per word, and the Metro Putnam rate 1s $. 13 per word. 

THE CHARLESTON GAZETTE, 

do solemnly swear that the legal notice of: 

Notice of public comment 

NET AEQWT 

74.97 

74.97 

was duly published in said newspaper(s) at the stated pri 

Subscribed and sworn to before me this day of 

GR059 AMOUNT 

74.97 

ISSUE 

DM+"l' 

AD 

TYPE 

DESCRIPTION 

PUB [mrnmcE am wxwHAsE ameR t -1 mBER : 

//l/ 

AD Sf ZE 

mu RUN / RITE 

LEG U3Y325Y 1XU8SU 

8.50 

GL 

8.82 

Notlce ot public corn 

.398294001 

TOTAL INVOICE AMOUNT 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 26
Legal Ads

(9-25-09)

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 27
[This page intentionally left blank.]

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 28
Volume XXVI

Issue 39

Sepurrnber25,2009

Pages 1806 - 1848

A Weekly Publication

Administrative Law Division

Judy Cooper, Manager

Natalie E. Tennant

Secretary of State

Administrative Law DMsion

Bldg. 1, Suite 157K

1900 Kanawha Blvd. E.

Charieston, VVV 2530~0770

(304) 558-6000

WWW.wvsos.com

WEST

VIRGINIA

REGISTER -~

Published by the Office ofthe Secretary of State

CONTENTS

I. Chronological Index

II. Open Govemment Meetings Listing

III. Price List

IV. Rule Monitor

V. Notices

a. Legislative Rules

b. Interpretive Rules

c. ProceduraI Rules

d. Emergency Rules

e. Legislative Rule-Making Review Committee

VI. Legislative Interims

VII. Orders

VIII. Ethics Commission Opinions

IX. Office of Tax Appeal Decisions

X. Other Documents or Information Filed

XI. Publication Deadlines and Publication Dates

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 29
INDEX

AGENCY

AccessWV

Agriculture

Center for Nursing, WV

Conservation Agency, WV

Consolidated Public Retirement Board

Corridor G Regional Development Authority

Courthouse Facilities Improvement Authority

Culture and History

DEP

Education

Environmental Protection'

Ethics Commission

FairShake--Networkilnc.~-~··_~~-_··_----_·__·

Forestry, Division of

Funeral Service Examiners, Board of

GOHELP

HCA

Health and Human Resources

Health Care Authority

Health Enhancement and Lifestyle Planning, Governors Office of

Higher Education Policy Commission

Highways

Information Technology Council

Infrastructure & Jobs Development Council

McDowell Co Solid Waste Authority

Medicine

Military Affairs and Public Safety

Motor Vehicles

Natural Resources, Division of

New River Community and Technical College

Outdoor Heritage Conservation Fund Board

Partnership to Promote Community Well-Being

Property Tax Division, Dept. of Revenue

Prosecuting Attorneys Institute

Pubic Transit, WV Division of

Public Works, WV Board of

Real Estate Appraiser Licensing and Certification Board

Real Estate Division

REAP, Environmental Protection, Dept. of

Ron Yost Personal Assistance Services Board

School Building Auth. of WV

Statewide Independent Living Council, WV

Tax Department

Treasury Investments, Board of

Water Resources

WorkForce West Virginia

PAGE(S)

1807

1833

1807

1807

1807, 1834-5

1807

1807

1807

1807

1807-8

1846

1808 .. _..__..---. ,.'.-"'1808- .... ~.- .._---

1808

1808

1806,1812

1809

1836

1844, 1845, 1847-8

1835, 1841

1809

1841-2

1809

1809

1809

1844

1809

1842-3

1809

1809

1836

1810

1810

1840

1810--

1810'

1837

1810

1810

1810

1811

1811

1837

1811

1838-9

1811

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 30
e.g..

NOTICE OF PUBLIC COMMENT ANDHEARING

I

TheWestVirginia Department ofEnVlronmentai Protection (DBP) is offering an opportunity for

publiccomment, andwill holda publ!chearing,on one specific elementof a proposed revision

to theStateImplementation Plan(SIP> to attain and maintain thenational ambientair quality

standards (NAAQS) forfinc~'c. matter (pM:u).In theproposed revision to the SIP,DEP

demonstrates thattheCharleston, PMu nonattalnment area,comprising Kanawha and

PutnamCounties, willmeetthe 1997· Mu standard by themandatorydate of April2010.

Further, DEPshowsthatthe air qualityimprovement willbe achieved through federally

enforceable emlsaion reduction measures. Theareawas designated as nonattalnment withthe

1997PM:uNAAQSinthe January 5,12005 Federal Register [70FR 944], effective April5,

2005.DEPpreviously offereda 30 daycomment periodonthis proposed SIPrevision and only

receivedcomments fromthe U.S.EP~. In response, wehaveestablished PM:uandNitrogen

Oxides (NOx)MotorVehicle Emissl ns Budgets (MVEB) for highway vehicles; signIficantly

revised theTransportation Conformt chapter (Chapter 2.5);and are reopening the comment

periodonlywithrespectto this chaPT oftheproposed SIPrevision. .

Once:finalizcd, the WestVirginia 19~7 FineParticle (pM2.s) Affalnment Demonstration and

StateImplementation Plan/orths Charleston, WestYlrglnla Nonaffalnment Area,Comprising

Kanawha andPutnam Counties will submitted to U. S. EPAfor approval and incorporation as

a revision to the StateImplemcntatiot1 Plan(SIP).Written andoralcomments will be accepted

untilthe closeofthepublichearing ~d willbe madepartoftheformal record. Thepublic

hearingwillbe heldinthe DollySod!! Conference RoombeginnIng at 6:00p.m,on October 27,

2009at DEPheadquarters: 60157th S~ SE,Charleston WV 25304.Written comments will

also be accepted forinclusion in the~rma1 recordby mall,facsimile (304-926-0479), e-mail

(TarnmyL.Mowrer@wv.gov)orotherdeliveryto theDivision of AIrQualIty ifrecclvedbythe

closeof business on October 27, 200~. Sendwrittencomments to be included in theformal

recordto JohnA.Benedict, Director, Division ofAir Quality at the address above. Please

identifythedocument to whichthecdmments apply,thecommenter's name,addreas, and

telephone number. 1

Copiesofthe proposed SIPrevision . y be viewedonweekdays between 8:30a.m.and4:30

p.m, at theDivision of AIrQuality, 60157th SE,Charleston, WV 25304.The proposed SIP

revisionmayalso be accessed viatheIfollowlng webaddress:

htto:/lwww.wvdep.orglitem.cfi:n?ssid.b8&sslid=376

OTHER

-n

-ro-

\n'

\ \

r -::

en r: f1' Q

,'"l"\.

~:

~"i..

~~

*-'~

NOTICEOF PUBLICHEARING CAN'cE1:.LATION ,

IntheAugust 21,2009 West Virginia RJlgister, theW~ Virginia Department of

Environmental Protection (DBP) announced anopportunity fora public hearing ona proposed

revision totheStateImplementation Plan (SIP) toattain andmaintain theNational Ambient Air

Quality standards forozone andveryfine particulate matter. Inthisproposed revision to the

SIP,WestVirginia Isdemonstrating compliance withspecific Clean AirAct(CAA) section

IIO(a)(2) requlrcmcnisthrough a document affirming thattheStatemeets these express

requirements through authorities grantedunderstate laws andregulations, aswell as

Implementation ofexIsting airprograms. DEP 50ught commehts onwhether thedocument

adequately demonstrates WestVlrglnla's compliance with the!pertlnent federal eAA mandates

related to these so-called Inftastructure elements. Thepublic Comment period began August 21,

2009 andended September 21,2009. Nocomments were rcce!lved andnoperson requested a

public hcsrlng. Therefore thepublic hearing tentatively schedUled onSogtember 28.2009 Is

hereby cancelled. I

\;'I

~~~ ::a II ~;

:i:: N , N

Q;:; -0 rT\ :II:

~-::: 'iJ r- ~I!!.>: >F- en

0

-

CO

en

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 31
[This page intentionally left blank.]

Charleston, WV 1997 PM2.5 SIP Appendix Q 
NOTICE OF PUBLIC 

COMMENT AND 

HEARING 

The West Virginia Department of Environmental Protectlon (DEP) is 

offering an opportunity for 

public comment, and will 

hold a public hearing, on one specific element of a proposed revision to the 

State Implementation Plan (SIP) to attain and 

maihtain the national am- bient air quality standards 

(NAAQS) for fine particu- late matter (PM2.5). In 

the proposed revision to 

the SIP, DEP demonstrates that the Charleston, WV PM2.5 

nonattainment area, com- prising Kanawha and 

Putnam Counties, will 

meet the 1997 PM2.5 

stondard by the mandatory date of April 2010. Further, DEP shows that the 

expected air pualitv improvement w~ll be achieved through ,f+erallv enforceable emlsslon re- duction measures. The area was designated as nanattainment with the 1 1997 PM2.5 NAAQS in the 

January 5, 2005 Federal 

Reglster [70 FR 9441, effective April 5, 2005. DEP 

previousty offered a 30 

' day comment Period on this proposed S!P revision 

and onlv recetved romtor Vehicle Emissions 

Budgets {MVEB] for.highway vehlcles; stgn~flcont- iv revised the Transwrta1 posed SIP revision. 

Once finalized, the West 

Virginia 1997 Fine Particle (PM2.5 ) Attainment 

Demonstration and State 

lmplementetion Plan for 

the Charleston, West VlrI ginia Nonattainment 

~rea, Comprising Kanawha .and Putnam 

Count~es will be subm~tted 

to V. S. EPA for approval and incorporation as a re- vision to the State Imple- mentotion Plan (SIP). Written and oral com- ments will be accepted un- til the close of the public hearing and will be made 

part of fhe formal record 

The public hearing will be 

held in the Dolly Sods Conference Room beginning at 6:00 p.m. on October 27, 2009 at DEP heodquar- ters: 601 57th Street SE, Charleston WV 25304. 

Written comments will al- so be accepted for inclusion in ,the formal record 

by mall, facslmlle (304- 926-0479), e-mail 

(Tammv.L.Mowrer@wv.g 

ov) or other del~very to 

the Division of Air Quality if received by the close of 

business on October 27, 

2009. Send written com- ments to be Included in the 

formal record to John A. 

Benedict, Director, Division of Air Qualitv at the 

address above. Please 

identify the document to 

which the comments ap- PIY, the commenter's 

name, address, and telePhone number. 

Copies of the proposed SIP revision may be 

viewed on weekdays be- tween 8:.30 a.m. and 4:30 

p.m. at the Division of Air 

Qualitv, 601 57th SE. Charleston, WV 25304. The pro- posed SIP revision. may also be accessed v~a the 

following web address: 

http://www.wvde~.org/ite 

m.cfm?ssid=8&sslid=376 

(401648) 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 33
CHARLESTON NEWSPAPERS 

P.O. Box 2993 

Charleston, West Virginia 25330 

Billing 348-4898 ....... 

I 

WDEP AIR QUALITY 

SANDRA ADKINS 

ILLED 601 57TH ST., SE 

TO CHARLESTON W 25304 USA 

LEGAL ADVERTISING INVOICE 

Please return this portion with your payment. AMOUNT PAID: 

Make checks payable to: Charleston Newspapers 

7 

INVOICE DATE 

ACCOUNT NBR 7 

4 S~ES REP ID 

INVOICE NBR 

UY/L8/UY 

013644105 

0093 

613320001 

INVOICE DATE 

ACCOUNT NBR 

SALES REP ID 

INVOICE NBR 

-- - - -- 

State of West Virginia, AFFIDAVIT OF PUBLICATION 

ur/~t(/OT 

013644105 

0093 

b1332UOUI' 

CHARLESTON NEWSPAPERS 

P 0. Box 2993 

Charleston, West Virginia 25330 

Billing 348-4898 

Classified 348-4848 

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

FEIN 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 Putnarn rate is $.I3 per word. 

THE CHARLESTON GAZETTE, 

do solemnly swear that the legal notice of: 

Notice of public comment 

.............. ,,I,'l i-ssm,'::"l?li,: :,' ii-"' .;:-:,::: :i ..... 

....... ............. ......... .m:-I:.; ............................. ................................................ 

. . /.~ip~~.~,~~,~~:.~~~~~,:~ . .................. - 

09/25 LEG 

was duly published in said newspaper(s) at the stated price for the respective newspaper(s) 

Subscribed and sworn to before me this ,--9 <f day of 

................................................................................................................................................................................ i:ii ,'. i:.:i;:i ;i-iliiiiii:ii ... i:,eij::j:::j!j :>:: ;... ... "'.":.' :.;: .... 7:::. :. ..:: :...... ,!.:,:: . ;i-:.. ........................ : ..... ~~gsag~$x~~:@~,,,;;$;~,.r:,::_i~;,~,;,~ij:y . ...-.............: ,:,:,, ''ii'-iili,:i':ii:l:l;~.~::::L.~i:~~:~j::f~ ..Pm:::i::?. ..Y ...- -... ..;. -.:... -. ~::~Wl~MBER:, ..................................................................... ::,:;:::;:;:;:,.;:32:;: ~REEERXg@::;@B&:5::~pURC.@&SB~:..Q&BgR:~j;$:~ .- .,..:. ........... z;::~::;:~:::~~~:~:~~:~.; .2::;:i:i:! .................................................................. ..... ;:ii;iii:ijj(5?: .:,,: .,, :<:i>:iiii:y:' .'i ,:, f.:' ,'.;;;. .:. . ,..' .. 

,:~f~:~;,:i~~:~~::::, BET. momT 

. : .. 

. :::~~P;D~{;$~~&~~~~;~i.iil,j,;;:;:;;rir:..~,~ ........ .. :,,iS:?:.; .. :,, ,::~,-,,.. ,,,* \::.:::mTE;::;, x:: ,,::,: ,::,. ::.;>, .,: : .,..: < ..::. ,.,. 

88.20 

......................................................................................................................................................... z<:.~~~:&:.am-[:2i:;::;,. :.,.. :.: ..:.: ..... 

88.20 

88.20 

:::::::;: ::;.:, ::;:;:: 

GZ Notlce ot publlc corn 

1513320001 Dee Smith 

TOTAL INVOICE AMOUNT 

8.82 

0401648 1x1000 

10.00 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 34
Public Hearing

Sign-In Sheets

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 35
[This page intentionally left blank.]

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 36
Public Hearing Sign In Sheet 

Topic: Charleston, 1997 PMZv5 SIP 

August 18,2009,6:00 pm, DEP Headquarters, 601 57th Street, Charleston, Dolly Sods Conference Room 

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. 

Name (please print) Address Organization Phonemax E-mail Comment 

Yes/No 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 37
[This page intentionally left blank.]

Charleston, WV 1997 PM2.5 SIP Appendix Q 
Public Hearing Sign In Sheet 

Topic: Charleston 1997 PM2.5 SIP Public Hearing #2 October 27,2009,6:00 pm, 

DEP Headquarters, 601 57th Street, Charleston, Dolly Sods Conference Room 

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. 

Name (please print) Address Organization E-mail Comment 

YesJNo 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 39
[This page intentionally left blank.]

Charleston, WV 1997 PM2.5 SIP Appendix Q 
Public Hearing

Transcripts

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 41
[This page intentionally left blank.]

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 42
BEFORE THE WEST VIRGINIA DEPARTMENT 

OF ENVIRONMENTAL PROTECTION 

DIVISION OF AIR QUALITY 

IN THE MATTER OF: 

CHARLESTON 1997 PM 2,5 SIP 

TRANSCRIPT OF PROCEEDINGS had or testimony adduced in 

the above-entitled matter, on the on the 18'~ day of August, 2009, commencing 

at 6.16 p.m. and concluding at 6:20 p.m., at 601 57th Street, S.E., Charleston. 

Kanawha County, West Virginia, pursuant to notice to all interested parties. 

BEFORE: FRED DURHAM 

Deputy Director, Division of Air Quality 

NANCY MCNEALY 

CERTIFIED COURT REPORTER 

Post Office Box 134 15 

Charleston, West Virginia 25360-0415 

(304) 988-2873 FAX (304) 988-1419 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 43
Reporter's Certificate. 

INDEX 

. .. . . . . . . . . . . . . . . . . . . Page 5 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 44
Proceedings 3 

MR. DURHAM: This public hearing will now come to order on 

this I 8th day of August 2009, at the Dolly Sod's Conference Room, located in 

the DEP Headquarters Building at 601 57th Street, Charleston, West Virginia 

25304. This public hearing is being held by the Division of Air Quality to accept 

comments on the Proposed West Virginia 1997 Fine Particle (PM2.5) 

Attainment Demonstration and State Implementation Plan for the Charleston, 

West Virginia, Nonattainment Area, Comprising Kanawha and Putnam 

Counties. 

A notice for the hearing was filed with the Secretary of 

State's office and published in the State Register on July 17, 2009. A Class I 

Legal Advertisement was also published in the Charleston Gazette on July 17, 

2009. Additionally, the notice was posted on the Department of Environmental 

Protection's web site. This public hearing is being held pursuant to the 

provisions of 29A of the West Virginia Code and in accordance with the 

requirements of the Federal Clean Air Act. 

My name is Fred Durham and I am the Deputy Director for 

the West Virginia Department of Environmental Protection, Division of Air 

Quality. I will be the moderator for these proceedings this evening. Comments 

and testimony will be accepted until the close of this hearing and will be made 

part of the formal public record. 

The court reporter is Nancy McNealy. If anyone desires a 

transcript of this proceeding, please contact her at 304-988-2873. 

The subject of these proceedings is a proposed revision to 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 45
Proceedings 4 

the State lmplementation Plan, sometimes referred to as a SIP, which 

demonstrates that the Charleston PM 2,s nonattainment area, comprising 

Kanawha and Putnam Counties, will meet the 1997 PM 2.5 standard by the 

mandatory date of April 201 0. Further, the SIP demonstrates that the expected 

air quality improvement will be achieved through federally enforceable errlission 

reduction measures. The area was designed as nonattainment with the 1997 

PM2.5 National Ambient Air Quality Standard in the January 25th, 2005, 

Federal Register. 

Once finalized, the Attainment Demonstration will be 

submitted to the USEPA for approval and incorporation as a revision to the 

State Implementation Plan. The floor is now open for any comments. Please 

state your name and any affiliation. 

Hearing no commenters, thank you and there being 

nothing further, these proceedings are now closed. 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 46
BEFORE THE WEST VIRGINIA 

DEPARTMENT OF ENVIRONMENTAL PROTEC-I-ION 

DIVISION OF AIR QUALITY 

STATE OF WEST VIRGINIA, 

COUNTY OF KANAWHA, to wit: 

I, NANCY MCNEALY, Certified Verbatim Court Reporter 

and Commissioner of West Virginia, do hereby certify that the foregoing is, to 

the best of my skill and ability, a true and accurate transcript of all the 

proceedings as set forth in the caption hereof. 

Given under my hand this 19th day of August, 2009. 

My commission expires November 26, 201 0. 

Commissioner of West Virginia 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 47
[This page intentionally left blank.]

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 48
BEFORE THE DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DIVISION OF AIR QUALITY 

IN THE MATTER OF: 

CHARLESTON 1997 PM2.5 SIP PUBLIC 

HEARING #2 

TRANSCRIPT OF PROCEEDINGS had or testimony 

adduced pursuant to the West Virginia Rules of Civil 

Procedure in the above-entitled action, on the 27th day of 

October, 2009, commencing at 6:05 p.m. and concluding at 

6:10 p.m., at the Department of Environmental Protection, 

601 57th Street, Charleston, Kanawha County, West Virginia, 

taken by Jo Ann Wilson, Certified Court Reporter, duly 

certified by the West Virginia Supreme Court of Appeals and 

Notary of West Virginia, pursuant to notice to all 

interested parties. 

BEFORE: FRED DURHAM, Moderator 

NANCY MCNEALY 

CERTIFIED COURT REPORTER 

Post M~ce Box 13415 

Charlestoa, West Virginia 253604 15 

(304) 988-2873 FAX (304) 988-1419 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 49
INDEX 

1 Reporter's Certificate..................... Page 6 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 50
Proceedings 3 

MR. DURHAM: This public hearing will now 

come to order on this 27th day of October, 2009, at the 

Dolly Sods Conference Room located in the DEP Headquarters 

Building at 601 57th Street, Charleston, West Virginia 

25304. 

My name is Fred Durham. I am the Deputy 

Director for the West Virginia Department of Environmental 

Protection (DEP), Division of Air Quality. I will be the 

moderator for the proceedings this evening. 

Comments and testimony will be accepted 

until the close of this hearing and will be made part of 

the formal public record. Let the record show that no 

members of the public are in attendance. But, we will read 

the hearing script just for completeness. 

This public hearing is being held by the 

Division of Air Quality to accept comments on one specific 

element of a proposed revision to the State Implementation 

Plan (SIP) to attain and maintain the national ambient air 

quality standards (NAAQS) for fine particulate matter, 

which we also refer to as PM2.5. In a proposed revision to 

the SIP, DEP demonstrates that the Charleston, West 

Virginia PMz.5 nonattainment area, comprising Kanawha and 

Putnam Counties, will meet the 1997 PM2.5 standard by the 

mandatory date of April, 2010. 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 51
Proceedings 4 

DEP previously offered a thirty-day comment 

period on the proposed SIP revision, and only received 

comments from the U.S. EPA. In response, we have 

established PM2.s and Nitrogen Oxides (Nox) Motor Vehicle 

Emissions Budgets (MVEB) for highway vehicles. We've 

significantly revised Transportation Conformity Chapter 

(Chapter 2.5) and reopened the comment period only with 

respect to this chapter of the proposed SIP revision. 

A notice for the hearing was filed with the 

Secretary of State's office and published in The State 

Recrister on September 25th, 2001. A Class I Legal 

Advertisement was also published in The Charleston Gazette 

on September 25th, 2009. Additionally, the notice was 

posted on the Division of Air Quality's web site. 

This public hearing is being held pursuant 

to the provisions of 29A of the West Virginia Code and in 

accordance with the requirements of the federal Clean Air 

Act. Once finalized, the Attainment Demonstration will be 

submitted to the U.S. EPA for approval and incorporation as 

a revision to the State Implementation Plan. 

The floor is now open for any comments. 

Please state your name and any affiliation. 

(No response. ) 

MR. DURHAM: Let the record show that there 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 52
Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 53
REPORTER'S CERTIFICATE 

STATE OF WEST VIRGINIA, 

COUNTY OF KANAWHA, to wit: 

I, JO ANN WILSON, Certified Court Reporter, do 

hereby certify that the foregoing is, to the best of my 

skill and ability, a true and accurate transcript of all 

the proceedings as set forth in the caption hereof. 

Given under my hand this 4th day of November, 

2009. 

My commission expires July 10, 2016. 

Certified Court Reporter 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 54
Public Comments

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 55
[This page intentionally left blank.]

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 56
EPA Comments

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 57
[This page intentionally left blank.]

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 58
2.v -ob UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION Ill 

e a qr =I < 

1650 Arch Street 

4~ pR~dG Philadelphia, Pennsylvania 19103-2029 

Mr. John A. Benedict, Director 

Division of Air Quality -- West Virginia Department of Environmental Protection . ..-'.. ..--- ry r~ I> 

601 57th St. SE :I?")< 1 i?] - (,Cj I -. z. 

Charleston, West Virginia 25304 ,; ! '. ,, 

.," " 2 8 ji-i 11 

Dear Mr. Benedict, 

Thank you for the opportunity to comment on the proposed West Virginia 1997 Fine 

Particulate (PM2,5) Attainment Demonstration and State Implementation Plan for the Charleston, 

West Virginia Nonattainment Area. The Environmental Protection Agency (EPA) comments are 

provided in the enclosure to this letter. 

We look forward to working with you to resolve these comments. Please do not hesitate 

to contact me, or have your staff person contact Ms. Marilyn Powers of my staff at (215) 814- 

2308 for any questions pertaining to general comments or Mr. Tim Leon-Guerrero at (215) 814- 

2 192'for questions pertaining to modeling comments. 

Sincerely, m 

Diana Esher, Acting Director 

Air Protection Division 

Enclosure 

cc: Fred Durham, WVDEP 

m 

tJ Printed on 100% recycled/recyclable paper with 100% post-consumer fiber and process chlorine free. 

Customer Service Hotline: 1-800-438-24 74 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 59
EPA Comments 

West Virginia 1997 Fine Particle (PM2.5) Attainment Demonstration and State 

Implementation Plan for the Charleston WV Nonattainment Area, Comprising Kanawha 

and Putnam Counties 

General Comments 

1. The first sentence of Section 1.0 states: “The Charleston, WV annual PM2.5 nonattainment area 

is a single-state nonattainment area, comprising Kanawha and Putnam Counties.” The area was 

designated as nonattainment for the fine particle (PM2.5) national ambient air quality standard 

(NAAQS) not just the annual NAAQS. Although most of the designations were made because of 

annual NAAQS violations no distinction was made between annual and 24-hour areas. The fact 

that the 24-hour NAAQS was revised in 2006 and will be addressed with designations and 

subsequent State Implementation Plan (SIP) requirements does not relieve West Virginia from the 

obligation of demonstrating attainment with both the annual and 24-hour (1997 version) NAAQS. 

It is noted that the attainment demonstration contained in this document does address both 

averaging periods. 

2. The third paragraph of Section 8.7 states: “The WVDAQ believes that with the exception of 

110(a)(2(G) concern discussed above, through West Virginia’s certification efforts and the Section 

110(a)(2) infrastructure SIP revision, along with this attainment demonstration address the relevant 

requirements of Section 110(a)(2).” This statement does not appear to be consistent with the 

certification submitted to EPA by WVDEP regarding the section 110(a)(2)(G) requirements. As 

part of the State’s obligation to address section 110(a)(2) infrastructure requirements, on July 14, 

2008, WVDEP submitted a letter that certifies that West Virginia satisfies the requirements of 

Section 110(a)(2)(G), therefore the language in Section 8.7 of the attainment plan should be 

revised. 

3. West Virginia is relying on reductions from the Philip Sporn Power Station for a portion of its 

contingency requirements. This power plant installed selective non-catalytic reduction (SNCR) on 

Units 31 and 41 starting in 2009 to comply with the federal AEP Consent Decree. Please confirm 

that the reductions from these units will be federally enforceable, for example, will the requirement 

that the controls operate year round be included in a federally enforceable state operating permit? 

The AEP consent decree requires only that 600 megawatts be controlled from any of a number of 

different power plants by December 31, 2018. 

4. Table 8.9.6 identifies the contingency measures for the Charleston nonattainment area. In 

addition to three sources within the nonattainment area that have shut down or will be shut down 

by April 1, 2010, the contingency measures include reductions from sources outside of the 

nonattainment area. It is noted that these reductions outside the nonattainment area are also relied 

upon as contingency measures that are outside of other nonattainment areas. Because of the 

dispersion that would be expected at distances from these sources, it doesn’t appear appropriate to 

include the entire reductions in the nonattainment area. Please provide additional information to 

support inclusion of these reductions as contingency measures. 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 60
5. On page 129, the discussion directly following Table 8.9.7 states: While the contingency 

measures identified above do not fully meet the contingency targets (6500 tons NOx, 8 tons PM2.5, 

and 11,200 tons SO2,) suggested by EPA in the PM2.5 Implementation Rule (see Table 8.9-1) for 

NOx and PM2.5, they do account for significant reductions beyond what is required for 

attainment.” 

Although the measures account for additional reductions beyond the reductions needed for 

attainment, the lack of sufficient reductions to meet the requirement for NOx contingency may be 

cause for disapproval of the Charleston Attainment Plan. Page 20604 of the PM2.5 Implementation 

Rule (72 FR 20636, April 25, 2007), reads (in part): 

“CAA section 172(c)(9) provides that SIPs in nonattainment areas ‘‘[S]hall provide for the 

implementation of specific measures to be undertaken if the area fails to make reasonable further 

progress, or to attain the [NAAQS] by the attainment date applicable under this part. Such 

measures shall be included in the plan revision as contingency measures to take effect in any such 

case without further action by the State or [EPA].” 

Modeling Comments 

1. Section 2.2 PM-2.5 Component Species Analysis 

Figures 2.2-3 and 2.2-4 show quarterly speciation results for two (2) monitors in the Charlestown, 

WV PM-2.5 nonattainment area. Figure 2.2-3 is labeled “2009” though the caption states that it 

contains data for 2002. Figure 2.2-4 is labeled 2000-04 though the figure caption is labeled 2002. 

Both figures should be corrected to show the actual dates that are represented. 

The speciation data dates used in figures 2.2-3 and 2.2-4 are not consistent with each other. If 

possible, data from the same date ranges should be used so a direct comparison can be made 

between the two speciation monitors. 

No reference to speciation data located in Appendix A was made in this section. Sample 

calculations illustrating the “SANDWICH” method could also be included with the speciation data 

(in Appendix A). 

The vertical axis labels should be corrected in figures 2.2-5 and 2.2-6. Identifiers on the right side 

of these figures should be included in the acronyms and abbreviations section of WV DEP’s SIP 

document (for example, there is no listing for CEN). A reference should be provided for the 

sensitivity runs used to construct these figures to direct the reader to more detailed information. 

Please indicate if the 2009 model values shown in figure 2.2-7 are calculated using the Speciated 

Model Attainment Test (SMAT) as noted in EPA’s Guidance on the Use of Models and Other 

Analyses for Demonstrating Attainment of Air Quality Goals for Ozone, PM2.5, and Regional 

Haze, EPA -454/B-07-002, April 2007. A reference to other documents describing this calculation 

in more detail could also be provided. 

The final paragraph in this section should acknowledge that it is already 2009. 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 61
2. Section 2.3 Attribution of Emissions Sources 

WV DEP’s statement in the second paragraph of this section regarding the contribution of biogenic 

emissions to Organic Carbon (OC) could use further refinement. Figures 2.2-3 and 2.2-4 show OC 

contributions remain unchanged, percentage wise, throughout the year even though 1st and 4th

quarter biogenic emissions, which make up a large portion of OC, should have declined 

considerably during these quarters. It would seem, therefore, that anthropogenic sources of OC are 

significant contributors to PM-2.5 concentrations during these quarters and could be targeted if 

further reductions are needed for Charleston to reach attainment. 

The last paragraph of this section should indicate which year SO2 emissions are being discussed 

(2002). Figure 2.3-3 should also indicate what year these SO2 emissions represent. 

3. Section 2.4.a Direct PM-2.5 Emissions 

No breakdown of PM-2.5 emissions was given in this section for the 2002 base year or for the 

projected 2009 attainment date. These emissions should be included as well as any caveats 

regarding their construction. Any qualitative trends should also be included in this section. 

4. Section 2.4.b SO2 Emissions 

Table 2.4.b-1 shows substantial reductions in the projected 2009 SO2 emissions for the state of 

West Virginia and the Charleston PM-2.5 nonattainment area, which includes Kanawha and 

Putnam Counties. WV DEP should determine if SO2 controls will actually be in place for 2009 

(the current year) as projected. 

5. Section 2.4.d VOC Emissions 

While anthropogenic VOC emissions show little effect on PM-2.5 concentrations on an annual 

basis they may contribute to high OC percentages during the 1st and 4th quarters when biogenic 

emissions are relatively small. VOC controls could provide PM-2.5 reductions during the winter 

months if additional controls are needed to get Charleston into attainment. 

6. Section 5.1 Model Performance Goals, Criteria and Results 

Typo: Last paragraph on page 71, should the first sentence read “...12 km grid...”? 

7. Section 5.2 VISTAS/ASIP Domain-wide Performance 

Clarification regarding figures 5.2-1, 5.2-2 and 5.2-3: Do these plots represent average model 

performance statistics for all VISTAS STN monitors or only those monitors shown in figure 5.1-1? 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 62
8. Section 5.3 West Virginia PM-2.5 Model Performance 

Comments regarding figure 5.3-1: Fractional bias and fractional gross errors scores could be 

removed from the figures and put into separate tables to make them clearer. Scatter plots based on 

quarters instead of months would be more relevant to the annual standard and indicate which 

quarters are better simulated by CMAQ. In all cases it appears the 12 km grid CMAQ runs 

outperformed the 36 km CMAQ runs. 

9. Section 5.4 Conclusions of Model Performance Evaluation 

Please clarify how many CMAQ grid cells were used in the SMAT. 

The “OCM” term in this section is not clearly defined in the document. This term appears in 

section 5.4.1 of EPA’s Guidance on the Use of Models and Other Analyses for Demonstrating 

Attainment of Air Quality Goals for Ozone, PM2.5, and Regional Haze, EPA -454/B-07-002, April 

2007. 

Quarterly averages from the South Charleston monitor (54-039-1005) indicate substantially higher 

average PM-2.5 concentrations during the 3rd quarter than other times of the year. This quarter is 

typically dominated by sulfates (see figure 2.2-4). The CMAQ model under-prediction mentioned 

in this section could affect the SMAT possibly giving an artificially low projected 2009 

concentration. This in turn could lead to an under prediction of South Charleston’s 2009 projected 

PM-2.5 design value. 

10. Section 7.1 Attainment Test Introduction 

The most recent version of EPA’s Model Attainment Test Software (MATS) is version 2.2.1 

released in March of 2009. While the most recent version of MATS still does not calculate 24-hr 

PM-2.5 concentrations it is capable of calculating projected annual PM-2.5 concentrations. 

WV DEP’s comparison of results between the ASIP PM-2.5 projection tool and EPA’s MATS 

program confirm results are similar. Final results, however, should come from the most recent 

version of the MATS program in accordance with EPA guidance. 

11. Section 7.2 Attainment Test Results 

Modeled annual PM-2.5 concentrations for both monitors in the Charleston nonattainment area are 

presented in this section. Results for the 24-hour PM-2.5 standard should also be included. Please 

indicate how projected 24-hour PM-2.5 concentrations will be reconstructed. 

In tables 7.2-1, 7.2-2 and 7.2-3 quarterly PM-2.5 values should be reported out to two (2) 

significant figures. Design values should be reported to one significant figure. 

2008 annual PM-2.5 design values for both monitors in the Charleston nonattainment area are 

higher than their 2009 CMAQ projected design values. The following table summarizes 

monitoring data taken from WV DEP’s Appendix A along with projected values from table 7.2-3. 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 63
1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Annual Design 

Value 

2008 Monitored 13.60 13.54 18.53 11.08 15.4 

2009 Projected 13.5 15.3 17.1 12.8 14.7 

1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Annual Design 

Value 

2008 Monitored 11.55 12.21 18.06 9.56 14.2 

2009 Projected 11.8 14.1 15.6 11.0 13.1 

12. Section 7.3.a.2 Midwest RPO Modeling 

Table 7.3-2 highlights the Weirton nonattainment area instead of the Charleston nonattainment 

area. 

13. Section 7.3.b Trends in Ambient Air Quality and Emissions 

WV DEP displays recent trends in annual PM-2.5 concentrations for both Charleston 

nonattainment area monitors. Figure 7.3.b-1 shows annual concentrations along with fitted linear 

tend lines. No analysis was offered to determine if these inferred trends were statistically 

significant. 

The South Charleston monitor’s long-term trends were examined using quarterly data from 

Appendix A and the R statistical package (http://www.r-project.org/). Annual concentrations at 

this monitor do appear to be falling at a statistically significant level (see Graph 1, next page). 

Trends in quarterly data show that PM-2.5 concentrations have fallen at statistically significant 

levels for both the 1st and 4th quarters. The 2nd quarter, while declining, does not have a 

statistically significant trend. Third quarter trends remain generally unchanged. This may be due 

to the lack of significant SO2 emission reductions, which contribute to high sulfate levels during 

the warmer summer months. Graphical results for point source emissions presented in figure 

7.3.b-2 indicate SO2 emission trends are flat matching 3rd quarter PM-2.5 monitoring trends. WV 

DEP should survey its major point sources to determine if and when SO2 controls will be put in 

place to confirm that modeled PM-2.5 reductions will occur as projected. 

WV DEP should be careful attributing recent declines in local PM-2.5 concentrations to reductions 

in emissions. The state of West Virginia as well as most of the United States is experiencing a 

significant economic contraction. This is evident in the state’s economic activity indexes, which 

shows substantial reductions during the last months of 2008 and have continued into 2009. 

Economic contraction in neighboring states such as Ohio, a much larger state in terms of real GDP, 

started earlier beginning in 2008 (see graphs from the St. Louis Fed on the following pages). This 

economic contraction has idled factories, reduced electrical demand along with demand for 

regional coal. All of these factors ultimately contribute to lower emission levels and in turn lower 

PM-2.5 concentrations. Without documented emission controls in place on West Virginia and 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 64
neighboring state sources, PM-2.5 concentrations will undoubtedly increase once economic 

activity returns to pre-contraction levels. 

14. Graph 1. Yearly and Quarterly Trends using R 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 65
Economic Activity Index Graphs for WV and OH 

Data Source: St. Louis Fed: http://alfred.stlouisfed.org/category?cid=27281

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 66
15. Section 7.4 Unmonitored Area Analysis 

This section references the “current-year” while discussing the unmonitored area analysis even 

though it appears to be referencing the base-year or 2002. Figure 7.4-1 and 7.4-2 also appear to 

refer to base-year PM-2.5 concentrations (2002) but are not labeled as such. 

16. Appendix A 

Quarterly data for monitor 54-039-0010 do not appear in this appendix. 

17. Appendix B 

Please provide the source or sources of the land-use data used in the MM5 and CMAQ models. 

Enclosure 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 67
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Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 68
1

Crowder, Laura M

From: Durham, William F

Sent: Monday, September 21, 2009 3:22 PM

To: Crowder, Laura M

Subject: FW: West Virginia Proposal for Insignificance Finding for NOx Precursor for On-Road Motor 

Vehicle Emissions for PM2.5 Attainment Demonstration for Charleston WV

From: Fernandez.Cristina@epamail.epa.gov [mailto:Fernandez.Cristina@epamail.epa.gov] 

Sent: Wednesday, September 02, 2009 3:34 PM 

To: Durham, William F 

Subject: Fw: West Virginia Proposal for Insignificance Finding for NOx Precursor for On-Road Motor Vehicle Emissions 

for PM2.5 Attainment Demonstration for Charleston WV 

Hi Fred, 

Martin is gone for the day and he is not in tomorrow. Please, take a look at the message that we got from OTAQ. If you 

would like to meet and discuss this would Tuesday at 3 PM work for you? 

Let me know. 

Thanks, Cristina 

Cristina Fernandez, Chief 

Air Quality Planning Branch (3AP21) 

Air Protection Division 

U. S. Environmental Protection Agency, Region III 

1650 Arch Street 

Philadelphia, PA 19103-2023 

Work: (215) 814-2178 

Fax: (215) 814-2124 ----- Forwarded by Cristina Fernandez/R3/USEPA/US on 09/02/2009 03:31 PM ----- From: Rudolph Kapichak/AA/USEPA/US 

To: Martin Kotsch/R3/USEPA/US@EPA 

Cc: Astrid Larsen/AA/USEPA/US@EPA, Carol Febbo/R3/USEPA/US@EPA, Cristina Fernandez/R3/USEPA/US@EPA, David Bizot/AA/USEPA/US@EPA, 

Gary Dolce/AA/USEPA/US@EPA, Laura Berry/AA/USEPA/US@EPA, Marilyn Powers/R3/USEPA/US@EPA, Meg Patulski/AA/USEPA/US@EPA, Patty 

Klavon/AA/USEPA/US@EPA 

Date: 09/02/2009 09:04 AM 

Subject: Re: West Virginia Proposal for Insignificance Finding for NOx Precursor for On-Road Motor Vehicle Emissions for PM2.5 Attainment Demonstration for 

Charleston WV

Martin - 

You asked us to review West Virginia's analysis that attempts to demonstrate that on-road emissions of NOx are 

insignificant for PM2.5 conformity purposes in Charleston. The information in the attainment demonstration indicates that 

on-road emissions of NOx account for about 20% of the area's NOx inventory. West Virginia applied a trading ratio 

included in the PM2.5 NSR rule and converted all NOx emissions in the area to PM2.5 equivalents and made an 

argument that, when all of the emissions are converted using this ratio, on-road NOx emissions are responsible for only a 

small percentage of PM2.5 in the area. 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 69
2

We consulted with OAQPS on the use of these ratios in this manner and have concluded that it is inappropriate to apply 

the trading ratio to all NOx emissions in the area to make an insignificance demonstration. The ratio was developed to 

apply to individual stationary source trades. It was not intended to be applied to all emissions sources across an entire 

nonattainment area. Also, EPA has accepted a petition to reconsider the use of these ratios for NSR purposes; therefore, 

we believe that they should not be used by West Virginia for purposes of demonstrating insignificance. Given that on-road 

sources account for about 20% of the NOx emissions in the area, we cannot agree that on-road emissions of NOx are 

insignificant in Charleston. 

We also believe that it is unnecessary and inappropriate to use the SO2 to PM2.5 trading ratio from the NSR rule to show 

that on-road emissions of SO2 are insignificant. We have advised areas to make the case that on-road emissions of SO2 

represented only a small percentage of the inventory in the base year, since that time EPA has implemented the low 

sulfur gasoline and low sulfur diesel regulations which eliminated over 90% of on-road SO2 emissions from base year 

levels and those rules will ensure that on-road SO2 emissions remain at insignificant levels into the future. 

Finally, we had discussions with you beginning in October 2007 concerning whether or not direct PM2.5 emissions were 

insignificant in Charleston. At that time we concluded that direct PM2.5 emissions are not insignificant. After reviewing 

the information presented in the attainment demonstration, we continue to believe that direct emissions of PM2.5 from onroad sources are not insignificant for conformity purposes. 

If you have questions, please let us know. 

Rudy 

Martin Kotsch/R3/USEPA/US

EPA-REG,03,APD Sent by: Martin Kotsch 

Received Date: 08/13/2009 10:45 AM Transmission Date: 08/13/2009 10:45:31 AM 

To Rudolph Kapichak/AA/USEPA/US@EPA, Meg Patulski/AA/USEPA/US@EPA, Gary 

Dolce/AA/USEPA/US@EPA, Laura Berry/AA/USEPA/US@EPA, Astrid 

Larsen/AA/USEPA/US, Patty Klavon/AA/USEPA/US@EPA, David 

Bizot/AA/USEPA/US@EPA

cc Marilyn Powers/R3/USEPA/US@EPA, Cristina Fernandez/R3/USEPA/US, Carol 

Febbo/R3/USEPA/US@EPA

Subject West Virginia Proposal for Insignificance Finding for NOx Precursor for On-Road 

Motor Vehicle Emissions for PM2.5 Attainment Demonstration for Charleston WV

I am requesting that OTAQ review the attached WV attainment demonstration narrative starting on page 34 for their 

rationale for an insignificance finding for NOx as a precursor for on-road motor vehicle emissions fro their PM2.5 

attainment demonstration and provide feedback if we can agree to their finding. 

[attachment "DRAFT Charleston PM2.5 SIP Narrative 7-16-09.pdf" deleted by Cristina Fernandez/R3/USEPA/US] 

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 70
Response to Comments

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 71
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Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 72
West Virginia 

1997 Fine Particle Matter (PM2.5) Attainment Demonstration and 

State Implementation Plan

for the Charleston, West Virginia Nonattainment Area, 

Comprising Kanawha and Putnam Counties

RESPONSE TO COMMENTS

On July 17, 2009, the Department of Environmental Protection, Division of Air Quality (WVDAQ)

commenced the public comment period and subsequently held a public hearing on August 18, 2009

to accept oral comments on the proposed West Virginia 1997 Fine Particle (PM2.5) Attainment

Demonstration and State Implementation Plan for the Charleston, West Virginia Nonattainment

Area, Comprising Kanawha and Putnam Counties. Written comments were also accepted through

6:00 PM on Tuesday, August 18, 2009. One person attended the public hearing, however no verbal

comments were received. The United States Environmental Protection Agency (EPA) submitted

written comments on the proposed SIP. WVDAQ addresses these comments below.

In response to EPA’s Comment W (below), the WVDAQ has established PM2.5 and Nitrogen Oxides

(NOx) Motor Vehicle Emissions Budgets (MVEB) for highway vehicles; and significantly revised

the Transportation Conformity chapter (Chapter 2.5) of the West Virginia 1997 Fine Particle (PM2.5)

Attainment Demonstration and State Implementation Plan for the Charleston, West Virginia

Nonattainment Area, Comprising Kanawha and Putnam Counties. On September 25, 2009 the

WVDAQ reopened the comment period with respect to this chapter of the proposed SIP revision,

and subsequently held a public hearing on October 27, 2009 to accept oral comments on the

proposed revisions to Chapter 2.5. Written comments were also accepted through 6:00 PM on

Tuesday, October 27, 2009. No one attended the public hearing and no written comments were

received.

I. United Stated Environmental Protection Agency (EPA)

COMMENT A:

The first sentence of Section 1.0 states: “The Charleston, WV annual PM2.5 nonattainment

area is a single-state nonattainment area, comprising Kanawha and Putnam Counties.” The

area was designated as nonattainment for the fine particle (PM2.5) national ambient air

quality standard (NAAQS) not just the annual NAAQS. Although most of the designations

were made because of annual NAAQS violations no distinction was made between annual

and 24-hour areas. The fact that the 24-hour NAAQS was revised in 2006 and will be

addressed with designations and subsequent State Implementation Plan (SIP) requirements

does not relieve West Virginia from the obligation of demonstrating attainment with both the

Charleston, WV PM2.5 SIP Response to Comments Page 1

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 73
annual and 24-hour (1997 version) NAAQS. It is noted that the attainment demonstration

contained in this document does address both averaging periods. 

RESPONSE A:

The first sentence of Section 1.0 has been modified to read: “The Charleston, WV 1997

PM2.5 nonattainment area is a single-state nonattainment area, comprising Kanawha and

Putnam Counties.”

COMMENT B:

The third paragraph of Section 8.7 states: "The WVDAQ believes that with the exception

of 110(a)(2(G) concern discussed above, through West Virginia's certification efforts and

the Section 110(a)(2) infrastructure SIP revision, along with this attainment demonstration

address the relevant requirements of Section 110(a)(2)." This statement does not appear to

be consistent with the certification submitted to EPA by WVDEP regarding the section

110(a)(2)(G) requirements. As part of the State's obligation to address section 110(a)(2)

infrastructure requirements, on July 14, 2008, WVDEP submitted a letter that certifies that

West Virginia satisfies the requirements of Section 110(a)(2)(G), therefore the language in

Section 8.7 of the attainment plan should be revised.

RESPONSE B:

WVDAQ has removed the referenced statement from the SIP Narrative, and added the

following language: 

On October 22, 2008, EPA published a finding that West Virginia

had submitted a complete State Implementation Plan (SIP) that

provides the basic program elements specified in section 110(a)(2) of

the Clean Air Act (CAA or Act) necessary to implement the 1997

Fine Particulate Matter (PM2.5) National Ambient Air Quality

Standards (NAAQS) [73 Federal Register 62902/62905].

COMMENT C:

West Virginia is relying on reductions from the Philip Sporn Power Station for a portion of

its contingency requirements. This power plant installed selective non-catalytic reduction

(SNCR) on Units 31 and 41 starting in 2009 to comply with the federal AEP Consent Decree. 

Please confirm that the reductions from these units will be federally enforceable, for

example, will the requirement that the controls operate year round be included in a federally

enforceable state operating permit? The AEP consent decree requires only that 600

megawatts be controlled from any of a number of different power plants by December 31,

2018.

Charleston, WV PM2.5 SIP Response to Comments Page 2

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 74
RESPONSE C:

The company submitted a request for a permit determination regarding the installation of

SNCR at the Philip Sporn plant. The request has undergone agency review. Since the

operation of SNCR results in a decrease in the emission of NOx, it was determined that a

permit was not required for the installation and operation of SNCR. SNCR was installed to

comply with the federal consent decree, so the controls are enforceable under the federal

AEP Consent Decree, and we assume that since they were installed they will be operated.

In addition, EPA has determined that CAIR is equal to RACT and Philip Sporn is subject to

CAIR for SO2 and NOx, both annual and ozone season. In addition, Philip Sporn is located

in the Huntington 1997 PM2.5 nonattainment area, and it was determined that SNCR satisfied

RACT for Philip Sporn. Furthermore, Philip Sporn Unit 5 is required to “Retire, Retrofit or

Re-power” by December 31, 2013 to comply with the federal Consent Decree, and AEP has

indicated that they plan to retire Unit 5 at that time. The retirement of this unit will result in

additional reductions beyond what is required for attainment. 

COMMENT D:

Table 8.9.6 identifies the contingency measures for the Charleston nonattainment area. In

addition to three sources within the nonattainment area that have shut down or will be shut

down by April 1, 2010, the contingency measures include reductions from sources outside

of the nonattainment area. It is noted that these reductions outside the nonattainment area

are also relied upon as contingency measures that are outside of other nonattainment areas. 

Because of the dispersion that would be expected at distances from these sources, it doesn't

appear appropriate to include the entire reductions in the nonattainment area. Please

provide additional information to support inclusion of these reductions as contingency

measures.

RESPONSE D:

As stated in Section 8.9.c:

To ensure that the contingency measures from outside the

nonattainment area actually impact the area, an SO2 Area of Influence

(AoI) was defined for the Charleston area to represent the geographic

area containing sources that would likely have the greatest impact on

PM2.5 concentrations in the Charleston area.

The first step was to generate meteorological back trajectories for

monitoring sites in West Virginia. Back trajectory analyses use

interpolated, measured or modeled meteorological fields to estimate

the most likely central path of air masses that arrive at a receptor at

a given time. The method essentially follows a parcel of air backward

in hourly steps for a specified length of time. Trajectories were

Charleston, WV PM2.5 SIP Response to Comments Page 3

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 75
started at 100 meters and 500 meters above the surface and run

backward from the site for 72 hours.

The next step was to plot residence time for each monitor using five

years of back trajectories for the high PM2.5 days in 2000-2004.

Residence time is the frequency that winds pass over a specific

geographic area on the way to a monitor. Separate residence time

plots were generated using trajectories with 100m and 500m start

heights.

The next step was to develop sulfate weighted residence time plots to

define the geographic area with the highest probability of influencing

the monitor on the high PM2.5 days in 2000-2004 that were dominated

by sulfate. Sulfate weighted back trajectories for the high PM2.5 days

were combined for 5 years of data. The resulting sulfate weighted

residence time plots were used to define the geographic Area of

Influence for sources of SO2 emissions. In Figures 8.9-2 and 8.9-3 the

area representing 10 percent or greater residence time is outlined in

red and the area representing 5 percent or greater residence time is

outlined in orange.

As explained above, the modeling demonstrates that the sources within the AoI impact the

nonattainment area, and it is therefore appropriate to include these reductions as contingency

measures.

COMMENT E:

On page 129, the discussion directly following Table 8.9.7 states: While the contingency

measures identified above do not fully meet the contingency targets (6500 tons NOx, 8 tons

PM2.5, and 11,200 tons SO2,) suggested by EPA in the PM2.5 Implementation Rule (see Table

8.9-1) for NOx and PM2.5, they do account for significant reductions beyond what is required

for attainment." 

Although the measures account for additional reductions beyond the reductions needed for

attainment, the lack of sufficient reductions to meet the requirement for NOx contingency

may be cause for disapproval of the Charleston Attainment Plan. Page 20604 of the PM2.5

Implementation Rule (72 FR 20636, April 25, 2007), reads (in part):

“CAA section 172(c)(9) provides that SIPs in nonattainment areas “'[S]hall provide for the

implementation of specific measures to be undertaken if the area fails to make reasonable

further progress, or to attain the [NAAQS] by the attainment date applicable under this part.

Such measures shall be included in the plan revision as contingency measures to take effect

in any such case without further action by the State or [EPA].”

Charleston, WV PM2.5 SIP Response to Comments Page 4

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 76
RESPONSE E:

As EPA notes:

CAA section 172(c)(9) provides that SIPs in nonattainment areas

“'[S]hall provide for the implementation of specific measures to be

undertaken if the area fails to make reasonable further progress, or to

attain the [NAAQS] by the attainment date applicable under this part.

Such measures shall be included in the plan revision as contingency

measures to take effect in any such case without further action by the

State or [EPA].”

WV notes that the CAA does not establish a specific requirement for the amount of

reductions required for contingency measures. 

Further, as we noted in Section 8.9.b:

In the preamble to the Implementation Rule [72 FR 20643, 25 APR

2007] EPA suggests that contingency measures should provide for

emission reductions equivalent to about one year of reductions

needed for RFP, based on the overall level of reductions needed to

demonstrate attainment divided by the number of years from the 2002

base year to the attainment year. However, EPA acknowledged that

this level of reductions may be excessive in some cases.

As we stated in Section 8.9.b:

West Virginia has demonstrated that the target for contingency

measures equal to one full year’s worth of the emission reductions

necessary to achieve attainment is excessive within the Charleston

area, since it is unreasonable to expect to achieve a 114% and 35%

reduction in SO2 and NOx emissions, respectively, from the

remaining point sources, area sources and mobile sources – both

nonroad and onroad – within one year. Therefore, the state extended

its analysis to other areas in the state which impact the designated

nonattainment area.

We went on to note that, while the contingency measures identified do not fully meet the

contingency targets (6500 tons NOx, 8 tons PM2.5 and 11,200 tons SO2) suggested by EPA

in the PM2.5 Implementation Rule for NOx and PM2.5, they do account for significant

reductions beyond what is required for attainment. In fact, the reductions resulting from the

contingency measures within the Area of Influence account for 130.4%, 14.8% and 7.0% of

the 2009 projected SO2, NOx and PM2.5 emissions, excluding EGU emissions, respectively,

in the nonattainment area. 

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Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 77
It is important to realize that the projected 2009 emissions reflect a 59.9% decrease in the

2002 NOx emissions, and 58.8% decrease in the 2002 SO2 emissions in the nonattainment

area. Due to the large reductions projected, it is a practical impossibility to identify

additional reductions in the Area of Influence within West Virginia which could be achieved

within one year. 

COMMENT F:

Section 2.2 PM-2.5 Component Species Analysis

Figures 2.2-3 and 2.2-4 show quarterly speciation results for two (2) monitors in the

Charlestown [sic], WV PM-2.5 nonattainment area. Figure 2.2-3 is labeled “2009" though

the caption states that it contains data for 2002. Figure 2.2-4 is labeled 2000-04 though the

figure caption is labeled 2002. Both figures should be corrected to show the actual dates

that are represented.

The speciation data dates used in figures 2.2-3 and 2.2-4 are not consistent with each other. 

If possible, data from the same date ranges should be used so a direct comparison can be

made between the two speciation monitors.

No reference to speciation data located in Appendix A was made in this section. Sample

calculations illustrating the “SANDWICH” method could also be included with the

speciation data (in Appendix A).

The vertical axis labels should be corrected in figures 2.2-5 and 2.2-6. Identifiers on the

right side of these figures should be included in the acronyms and abbreviations section of

WV DEP’s SIP document (for example, there is no listing for CEN). A reference should be

provided for the sensitivity runs used to construct these figures to direct the reader to more

detailed information.

Please indicate if the 2009 model values shown in figure 2.2-7 are calculated using the

Speciated Model Attainment Test (SMAT) as noted in EPA’s Guidance on the Use of Models

and Other Analyses for Demonstrating Attainment of Air Quality Goals for Ozone, PM2.5,

and Regional Haze, EPA -454/B-07-002, April 2007. A reference to other documents

describing this calculation in more detail could also be provided.

The final paragraph in this section should acknowledge that it is already 2009.

RESPONSE F:

Figure 2.2-3 shows the predicted future (2009) concentrations of PM2.5 component species 

which were estimated by assuming that the quarterly average component concentration will

change in the same proportion as the model predicted change. The species fractions are

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Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 78
based on 2002 speciation data. The caption has been modified to clarify what is being

presented.

Figure 2.2-4 shows the average of the three design value periods that straddle 2002, or 2000-

2002, 2001-2003 and 2003-2004. The species fractions from 2002 speciation data were used

to estimate the species concentrations. The caption has been modified to clarify what is being

presented.

The 2002 speciation data was reconstructed using the SANDWICH method and spatial

interpolation of data since there were no co-located speciation monitors at the Charleston

(54-039-0010) or South Charleston (54-039-1005) FRM monitor sites in 2002. The

speciation data in Appendix A is for the co-located South Charleston speciation monitor for

2004 - 2008, and does not reallocate the “other” portion of the mass to the remaining

components. A reference to the speciation data contained in Appendix A has been added. A

more detailed explanation of the SANDWICH method and the projection methodology can

be found in Chapter 4 of the ASIP TSD which is contained in Appendix N.2

The vertical axes of Figures 2.2-5 and 2.2-6 were improperly translated by the printing

software, they have been corrected. Identifiers in the legend on the right side of figures 2.2-5

and 2.2-6 have been added to the acronyms and abbreviations section. 

The 2009 model values shown in figure 2.2-7 are calculated using the Speciated Model

Attainment Test (SMAT). For a more detailed explanation of SMAT see Chapter 4 of the

ASIP TSD contained in Appendix N.2. Details on SMAT can also be found in the report

“Procedures for Estimating Future PM2.5 Values for the CAIR Final Rule by Application of

the (Revised) Speciated Modeled Attainment Test (SMAT)” (EPA, 2004).

http://www.epa.gov/CAIR/pdfs/Revised-SMAT.pdf

A sentence has been added at the end of the section which states:

West Virginia acknowledges that the 2009 projections are modeled

projections for 2009 and not based upon 2009 monitoring data,

although we are now in calendar year 2009. Data collection for 2009

will not be complete until the end of the calendar year, and will not

be quality assured until early 2010.

COMMENT G:

Section 2.3 Attribution of Emissions Sources

WV DEP’s statement in the second paragraph of this section regarding the contribution of

biogenic emissions to Organic Carbon (OC) could use further refinement. Figures 2.2-3 and

2.2-4 show OC contributions remain unchanged, percentage wise, throughout the year even

though 1st and 4th quarter biogenic emissions, which make up a large portion of OC, should

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Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 79
have declined considerably during these quarters. It would seem, therefore, that

anthropogenic sources of OC are significant contributors to PM-2.5 concentrations during

these quarters and could be targeted if further reductions are needed for Charleston to reach

attainment.

The last paragraph of this section should indicate which year SO2 emissions are being

discussed (2002). Figure 2.3-3 should also indicate what year these SO2 emissions

represent.

RESPONSE G:

VISTAS/ASIP conducted a study to better understand the role of organic carbon in the

formation of PM2.5, the results of which are presented in the June 30, 2009 final report

“Comparison of Particulate Source Contributions in the Southeastern U.S. using

Photochemical Grid and Receptor Modeling”. The entire report has been included as

Appendix N.3. The report states:

The two largest components of visibility impairment and PM2.5 mass

in the southeastern U.S. are ammonium sulfate [(NH4)2SO4 also

referred to as SO4] and organic carbon mass (OCM). The visibility

improvements between 2002 and 2018 calculated by the VISTAS

modeling was primarily due to reductions in SO4 (Morris et al.,

2009a). Similarly, most of the reductions in PM2.5 mass between 2002

and 2009/2012 estimated by ASIP were due to reductions in SO4.

There was less change in OCM concentrations between the current

and future years, making OCM a more important component of the

PM budgets and visibility impairment in the Southeastern U.S. in the

future.

The report goes on to explain:

Total Carbon (TC) consists of OCM and Elemental Carbon (EC). EC

is formed primarily through combustion (e.g., diesel mobile sources

and fires) and is a small fraction of the TC, which is dominated by

OCM. OCM is a complex mixture of compounds that consist of

primary emitted Carbon from anthropogenic and natural sources and

Secondary Organic Aerosols (SOA) that are formed from primary

emitted anthropogenic and biogenic Volatile Organic Compound

(VOC) species that can condense to form particulate SOA. SOA can

also form from Semi-Volatile Organic Compound (SVOC) emissions

that are either not accounted for or not well characterized in the

current generation of emission inventories. Because the source of

OCM measured at a monitor can be either primary or secondary in

origin and from either anthropogenic or biogenic sources, it is

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Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 80
difficult to attribute the source of the OCM using standard

measurements. This is in contrast to SO4, the other major constituent

of fine PM in the eastern U.S., which is formed primarily from SO2

emissions with electrical generation (primarily from coal combustion)

being the largest contributor of SO2 in the VISTAS/ASIP states (77%

based on 2002 inventories; MACTEC, 2008).

The primary emissions component of OCM in the southeastern U.S.

has been attributed to source categories in several recent studies

using the Chemical Bass Balance (CMB) receptor model (Zheng et

al., 2002; Yu et al., 2004; Sangil et al., 2007). These CMB studies

have identified the three largest categories of OCM concentrations in

the southeastern U.S. as vegetative burning, mobile sources and an

unexplained fraction that is presumed to be secondary in origin.

There are large spatial and seasonal variations in these attributions

and the source and the composition of the unexplained fraction is not

well understood.

As discussed in Section 2.3, the speciated analysis of the PM2.5 concentrations in the

Charleston area demonstrate that the OC and SO4 components are the most important

portions of the total PM2.5 mass throughout the year. However, SO4 is the only significant

PM2.5 component species found throughout the year that is attributed to a set of emission

sources that are controllable through regulatory actions by the WV Division of Air Quality.

The last paragraph of Section 2.3 has been amended to indicate that SO2 emissions for 2002

are being discussed. The caption for Figure 2.3-3 has also been amended to indicated that 

2002 SO2 emissions are being presented.

COMMENT H:

Section 2.4.a Direct PM-2.5 Emissions

No breakdown of PM-2.5 emissions was given in this section for the 2002 base year or for

the projected 2009 attainment date. These emissions should be included as well as any

caveats regarding their construction. Any qualitative trends should also be included in this

section.

RESPONSE H:

Tables 2.4.a-1 and 2.4a-2 have been added, which provide a breakdown of statewide PM2.5

emissions and PM2.5 emission in Kanawha and Putnam counties.

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Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 81
COMMENT I:

Section 2.4.b SO2 Emissions

Table 2.4.b-1 shows substantial reductions in the projected 2009 SO2 emissions for the state

of West Virginia and the Charleston PM-2.5 nonattainment area, which includes Kanawha

and Putnam Counties. WV DEP should determine if SO2 controls will actually be in place

for 2009 (the current year) as projected.

RESPONSE I:

The majority of the SO2 emission reductions in the state, including Kanawha and Putnam

Counties, are expected as a result of controls being installed on EGUs. The schedule for

installation of controls on EGUs is contained in Table 6.1. In addition, the shutdowns of 

FMC and Flexsys in Kanawha and Putnam Counties, respectively, have already occurred,

resulting in a 1,516 ton SO2 reduction, as well as reductions of 704 tons of NOx and 7 tons

of PM2.5, that were not accounted for in the 2009 modeling projections. Furthermore, there

were reductions from the shutdowns of Cabot and Cytec, within the Area of Influence (AoI),

which resulted in reductions of 10,301 tons of SO2, 1,261 tons of NOx and 194 tons of PM2.5,

that were also not accounted for in the 2009 modeling projections. These reductions have

been included in Section 8.9 as contingency measures.

COMMENT J:

Section 2.4.d VOC Emissions

While anthropogenic VOC emissions show little effect on PM-2.5 concentrations on an

annual basis they may contribute to high OC percentages during the 1st and 4th quarters

when biogenic emissions are relatively small. VOC controls could provide PM-2.5

reductions during the winter months if additional controls are needed to get Charleston into

attainment.

RESPONSE J:

West Virginia has expected reductions state wide of 17.6% of anthropogenic VOC emissions

from 2002 to 2009, with an expected 19.1% reduction in the Charleston nonattainment area.

Area source VOC emissions are expected to decrease 9%, onroad mobile VOC emissions 

are expected to decrease 41%, nonroad mobile VOC emissions are expected to decrease

21%, while point source VOC emissions are expected to increase by 1%. 

VISTAS/ASIP had sensitivity studies conducted by Georgia Tech which indicated that a

domain-wide 30% reduction in anthropogenic VOC emissions would have little, if any,

effect on organic carbon concentrations.

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Organic carbon (OC) contribution to PM2.5 is not well understood and VISTAS/ASIP

conducted studies of the organic carbon in order to better understand the role of OC’s

contribution to PM2.5 formation. The final report “Comparison of Particulate Carbon Source

Contributions in the Southeastern U.S. Using Photochemical Grid and Receptor Modeling”

has been added as Appendix N.3.

PM2.5 Response (D1 - Typical) at Site to D1: Summer

-13.0

-11.0

-9.0

-7.0

-5.0

-3.0

-1.0

1.0

3.0

06/0106/0206/0306/0406/0506/0606/0706/0806/0906/1006/1106/1206/1306/1406/1506/1606/1706/1806/1906/2006/2106/2206/2306/2406/2506/2606/2706/2806/2906/3007/0107/0207/0307/0407/0507/0607/0707/0807/09

delta PM 2.5 (microgram/m ⎝

)

0

5

10

15

20

25

30

35

40

SOIL

EC

OC

NO3

NH4

SO4

PM25

PM2.5 Response (D1 - Typical) at Site to D1: Winter

-3.5

-2.5

-1.5

-0.5

0.5

1.5

2.5

3.5

4.5

11/1911/2011/2111/2211/2311/2411/2511/2611/2711/2811/2911/3012/0112/0212/0312/0412/0512/0612/0712/0812/0912/1012/1112/1212/1312/1412/1512/1612/1712/18

delta PM 2.5 (microgram/m ♦

)

0

5

10

15

20

25

30

35

40

SOIL

EC

OC

NO3

NH4

SO4

PM25

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COMMENT K:

Typo: Last paragraph on page 71, should the first sentence read “...12 km grid...”?

RESPONSE K:

The first sentence of the last paragraph on page 71 should read “...12/36 km grid...”. The

correction has been made.

COMMENT L:

Section 5.2 VISTAS/ASIP Domain-wide Performance

Clarification regarding figures 5.2-1, 5.2-2 and 5.2-3: Do these plots represent average

model performance statistics for all VISTAS STN monitors or only those monitors shown in

figure 5.1-1?

RESPONSE L:

As stated in the captions for Figures 5.2-1, 5.2-2 and 5.2-3, these figures present data for all

VISTAS STN sites. Figure 5-1 shows the IMPROVE, STN, CASTNet, NADP and SEARCH

monitoring sites located in the VISTAS/ASIP region (outlined in green) and the

VISTAS/ASIP 12 km grid.

For a more detailed explanation of the model performance evaluation see Chapter 3 of the

ASIP Technical Support Document contained in Appendix N.2.

COMMENT M:

Section 5.3 West Virginia PM-2.5 Model Performance

Comments regarding figure 5.3-1: Fractional bias and fractional gross errors scores could

be removed from the figures and put into separate tables to make them clearer. Scatter plots

based on quarters instead of months would be more relevant to the annual standard and

indicate which quarters are better simulated by CMAQ. In all cases it appears the 12 km

grid CMAQ runs outperformed the 36 km CMAQ runs.

RESPONSE M:

DAQ disagrees that removal of the data values from the graphs would make them clearer.

The agency believes that presentation of these values helps inform interpretation of the

charts. For a more detailed explanation of the model performance evaluation see Chapter 3

of the ASIP Technical Support Document contained in Appendix N.2.

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Quarterly scatter plots and time series of predicted and observed PM2.5 concentration plots

are contained in Appendix D of the ASIP TSD which is contained in Appendix N.2.

COMMENT N:

Section 5.4 Conclusions of Model Performance Evaluation

Please clarify how many CMAQ grid cells were used in the SMAT.

The “OCM” term in this section is not clearly defined in the document. This term appears

in section 5.4.1 of EPA's Guidance on the Use of Models and Other Analyses for

Demonstrating Attainment of Air Quality Goals for Ozone, PM2.5, and Regional Haze, EPA

-454/B-07-002, April 2007.

Quarterly averages from the South Charleston monitor (54-039-1005) indicate substantially

higher average PM-2.5 concentrations during the 3rd quarter than other times of the year. 

This quarter is typically dominated by sulfates (see figure 2.2-4). The CMAQ model

under-prediction mentioned in this section could affect the SMAT possibly giving an

artificially low projected 2009 concentration. This in turn could lead to an under prediction

of South Charleston's 2009 projected PM-2.5 design value.

RESPONSE N:

As stated in Section 4.6 of the ASIP TSD, which is contained in Appendix N:

. . . for the ASIP 2009 PM2.5 Design Value projections, RRFs were

based on the modeling results within the grid cell containing the

FRM monitoring when using the CMAQ 36 km modeling results, and

in the 9 grid cells centered on the FRM monitor for the CMAQ 12 km

modeling results.

OCM means organic carbon mass. It has been added to the list of acronyms and defined in 

Section 5.4.

The June 30, 2009 final report “Comparison of Particulate Source Contributions in the

Southeastern U.S. using Photochemical Grid and Receptor Modeling” explains OCM in

greater detail. The entire report has been included as Appendix N.3. The report states:

Total Carbon (TC) consists of OCM and Elemental Carbon (EC). EC

is formed primarily through combustion (e.g., diesel mobile sources

and fires) and is a small fraction of the TC, which is dominated by

OCM. OCM is a complex mixture of compounds that consist of

primary emitted Carbon from anthropogenic and natural sources and

Secondary Organic Aerosols (SOA) that are formed from primary

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Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 85
emitted anthropogenic and biogenic Volatile Organic Compound

(VOC) species that can condense to form particulate SOA. SOA can

also form from Semi-Volatile Organic Compound (SVOC) emissions

that are either not accounted for or not well characterized in the

current generation of emission inventories. Because the source of

OCM measured at a monitor can be either primary or secondary in

origin and from either anthropogenic or biogenic sources, it is

difficult to attribute the source of the OCM using standard

measurements. This is in contrast to SO4, the other major constituent

of fine PM in the eastern U.S., which is formed primarily from SO2

emissions with electrical generation (primarily from coal combustion)

being the largest contributor of SO2 in the VISTAS/ASIP states (77%

based on 2002 inventories; MACTEC, 2008).

The primary emissions component of OCM in the southeastern U.S.

has been attributed to source categories in several recent studies

using the Chemical Bass Balance (CMB) receptor model (Zheng et

al., 2002; Yu et al., 2004; Sangil et al., 2007). These CMB studies

have identified the three largest categories of OCM concentrations in

the southeastern U.S. as vegetative burning, mobile sources and an

unexplained fraction that is presumed to be secondary in origin.

There are large spatial and seasonal variations in these attributions

and the source and the composition of the unexplained fraction is not

well understood.

Quarterly averages from the South Charleston monitor (54-039-1005) do indicate

substantially higher average PM2.5 concentrations during the 3rd quarter than other times of

the year as indicated in Section 2.1 of the SIP narrative which states: “It was determined that

higher PM2.5 concentrations are more likely to occur during the second and third quarters,

or between April and September, with most occurring between June and September.” As the

commenter noted Figure 2.2-4 shows that PM2.5 formation for this quarter is typically

dominated by sulfates. In regard to the CMAQ model underprediction of sulfate mentioned

in Section 5.4 of the SIP narrative, which states:

Sulfate Underprediction Bias: Although SO4 is performing well, it

does have an underprediction bias that is largest in the summer

months. But this underprediction is not severe and the model appears

to be capturing the temporal and spatial variations in the observed

sulfate well and is responding to the SO2 emission reductions

between 2002 and 2009 in a manner as expected. Thus the model

performance indicates that the modeled relative changes in SO4

concentrations are likely a valid response.

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The SIP narrative goes on to state:

SO4 reductions dominate the changes in PM2.5 Design Values

between 2002 and 2009. SO4 performance is quite good in the

CMAQ 2002 Base G2 Actual Base Case simulation, almost always

achieving the PM performance goal and frequently also achieving the

more stringent ozone performance goal. These factors provide

confidence in the Design Value projections using the CMAQ Base G

modeling results.

The calculations for the projections are done on a relative basis, rather than an absolute

basis. Even with a sulfate underprediction in the absolute sense, the relative change in sulfate

between the base case and future case, should still give an accurate projection.

Furthermore, the third quarter monitored PM2.5 concentration, as of September 7, 2009, for

the South Charleston monitor (54-039-1005) is 14.34 μg/m3, which is well below the 17.06 

μg/m3

 projected for the 3rd quarter of 2009.

For a more detailed explanation of model performance evaluation see Chapter 3 of the ASIP

TSD contained in Appendix N.2.

COMMENT O:

Section 7.1 Attainment Test Introduction

The most recent version of EPA's Model Attainment Test Software (MATS) is version 2.2.1

released in March of 2009. While the most recent version of MATS still does not calculate

24-hr PM-2.5 concentrations it is capable of calculating projected annual PM-2.5

concentrations.

WV DEP's comparison of results between the ASIP PM-2.5 projection tool and EPA’s MATS

program confirm results are similar. Final results, however, should come from the most

recent version of the MATS program in accordance with EPA guidance.

RESPONSE O:

MATS Version 1.5.1 dated June 6, 2008 was used. The March 2009 version was not

available at the time the analysis was completed.

The submittal of this SIP was delayed at EPA’s request due to the July 11, 2008 vacatur of

CAIR. At the time of the Court’s vacatur of CAIR the Parkersburg 1997 PM2.5 SIP, which

relies on the same technical basis as the Charleston SIP, was out for public comment, and

the modeling had been completed for all of the West Virginia 1997 PM2.5 nonattainment

areas. Due to the vacatur of CAIR EPA guidance was that DAQ should not submit any SIP

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Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 87
which relied on CAIR to demonstrate attainment. The Court later, in a December 23, 2008

decision, remanded CAIR back to EPA to remedy its fatal flaws, without vacatur. EPA

guidance continued to indicate that any SIP which relied on CAIR may not be approvable. 

EPA guidance and tools have frequently been late, often issued after the majority of the

technical work has been completed. Such was the case for the issuance of MATS. The PM2.5

projections were originally done using the ASIP projection tool, which was developed by

ASIP contractors, while awaiting the MATS tool from EPA. Upon issuance of the MATS

tool, the PM2.5 projections were redone using MATS, and the results of both are included in

the SIP and Appendix N. EPA has since updated MATS, however, all the modeling work

had already been completed using the previous version of MATS. The work was completed

using the most recent version of MATS available at the time the work was completed. DEP

does not have sufficient time or resources to redo the attainment demonstration for a second

time but we would expect substantively the same result. In its review, EPA may want to

recalculate the attainment results using the most recent version of MATS. 

COMMENT P:

Section 7.2 Attainment Test Results

Modeled annual PM-2.5 concentrations for both monitors in the Charleston nonattainment

area are presented in this section. Results for the 24-hour PM-2.5 standard should also be

included. Please indicate how projected 24-hour PM-2.5 concentrations will be

reconstructed.

In tables 7.2-1, 7.2-2 and 7.2-3 quarterly PM-2.5 values should be reported out to two (2)

significant figures. Design values should be reported to one significant figure.

2008 annual PM-2.5 design values for both monitors in the Charleston nonattainment area

are higher than their 2009 CMAQ projected design values. The following table summarizes

monitoring data taken from WV DEP's Appendix A along with projected values from table

7.2-3.

1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Annual Design

Value

2008 Monitored 13.60 13.54 18.53 11.08 15.4

2009 Projected 13.5 15.3 17.1 12.8 14.7

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1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Annual Design

Value

2008 Monitored 11.55 12.21 18.06 9.56 14.2

2009 Projected 11.8 14.1 15.6 11.0 13.1

RESPONSE P:

As stated in Section 4.1 of the ASIP TSD (contained in Appendix N.2): 

The current PM2.5 State Implementation Plans (SIPs) are addressing

the 1997 PM2.5 NAAQS that have thresholds of 15.0 μg/m3 annual

and 65 μg/m3

 24-hour PM2.5 concentrations. Currently, all FRM

monitors in ASIP states attain the 65 μg/m3

 24-hour PM2.5 NAAQS

so projections are only made for the annual PM2.5 NAAQS. Note that

in 2006 EPA revised the 24-hour PM2.5 NAAQS with a new threshold

of 35 μg/m3. The new 35 μg/m3 24-hour PM2.5 NAAQS will be

addressed in future PM2.5 SIP actions.

Furthermore, EPA has not yet updated the MATS tool to calculate the 24-hour PM2.5

concentrations. As EPA states on their Photochemical Modeling website, as of September

22, 2009, http://www.epa.gov/scram001/modelingapps_mats.htm: 

The 24-hour PM2.5 attainment test is not currently implemented. An

updated version (which includes the 24-hour PM2.5 attainment test)

is currently in beta testing and will be posted when available.

WVDAQ notes that the worst 24-hour design value in the state from 2000 - present is 47

μg/m3 (see data in Appendix A), which is 72% of the 65 μg/m3 standard. No RRFs produced

by the modeling would result in a design value exceeding 65 μg/m3

. Therefore, the 24-hour

NAAQS continues to be attained throughout the state.

DAQ believes the commenter meant to comment on the number of decimal places rather

than the number of significant figures. Tables 7.2-1, 7.2-2 and 7.2-3 have been updated to

2 decimal places for quarterly values and one decimal place for annual values. The DAQ

notes that the quarterly values measured to 2 decimal places contain 4 significant figures,

while the annual average values carried out to 1 decimal place contain 3 significant figures. 

In regard to the difference between the 2008 monitored values and the 2009 projected values

– there are reductions expected in 2009, which had not occurred in 2008, so are not reflected

in the 2008 monitored values. Furthermore, the 2002 meteorological conditions used for the

modeling are not the actual meteorological conditions for 2008 or 2009, so the modeled

PM2.5 concentrations will rarely match the monitored PM2.5 concentrations.

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Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 89
As can be seen in the table below, the 2009 monitored values are well below both the 2008

monitored values and the projected 2009 values.

Year PM2.5 Concentration 1st

Quarter

2nd

Quarter

3rd

Quarter

4th

Quarter

Annual

Design

Value

2008 54-039-0010 (monitored) 11.55 12.21 18.06 9.56 14.2

2009 54-039-0010 (monitored) 10.32 11.32 NA NA NA

2009 54-039-0010 (projected) 11.76 14.08 15.61 10.97 13.1

2008 54-039-1005 (monitored) 13.60 13.54 18.53 11.08 15.4

2009 54-039-1005 (monitored) 13.26 11.73 14.34* NA NA

2009 54-039-1005 (projected) 13.51 15.32 17.06 12.81 14.7

*Third quarter 2009 monitored value is not for full quarter, reflects monitored data as of September 7, 2009.

COMMENT Q:

Section 7.3.a.2 Midwest RPO Modeling

Table 7.3-2 highlights the Weirton nonattainment area instead of the Charleston

nonattainment area

RESPONSE Q:

Table 7.3-2 has been corrected to highlight the Charleston nonattainment area rather than the

Weirton nonattainment area.

COMMENT R:

Section 7.3.b Trends in Ambient Air Quality and Emissions

WV DEP displays recent trends in annual PM-2.5 concentrations for both Charleston

nonattainment area monitors. Figure 7.3.b-1 shows annual concentrations along with fitted

linear tend lines. No analysis was offered to determine if these inferred trends were

statistically significant.

The South Charleston monitor's long-term trends were examined using quarterly data from

Appendix A and the R statistical package (http://www.r-project.org/). Annual concentrations

at this monitor do appear to be falling at a statistically significant level (see Graph 1, next

page). Trends in quarterly data show that PM-2.5 concentrations have fallen at statistically

significant levels for both the 1st and 4th quarters. The 2nd quarter, while declining, does

not have a statistically significant trend. Third quarter trends remain generally unchanged. 

This may be due to the lack of significant SO2 emission reductions, which contribute to high

Charleston, WV PM2.5 SIP Response to Comments Page 18

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 90
sulfate levels during the warmer summer months. Graphical results for point source

emissions presented in figure 7.3.b-2 indicate SO2 emission trends are flat matching 3rd

quarter PM-2.5 monitoring trends. WV DEP should survey its major point sources to

determine if and when SO2 controls will be put in place to confirm that modeled PM-2.5

reductions will occur as projected.

WV DEP should be careful attributing recent declines in local PM-2.5 concentrations to

reductions in emissions. The state of West Virginia as well as most of the United States is

experiencing a significant economic contraction. This is evident in the state's economic

activity indexes, which shows substantial reductions during the last months of 2008 and have

continued into 2009. Economic contraction in neighboring states such as Ohio, a much

larger state in terms of real GDP, started earlier beginning in 2008 (see graphs from the St.

Louis Fed on the following pages). This economic contraction has idled factories, reduced

electrical demand along with demand for regional coal. All of these factors ultimately

contribute to lower emission levels and in turn lower PM-2.5 concentrations. Without

documented emission controls in place on West Virginia and neighboring state sources,

PM-2.5 concentrations will undoubtedly increase once economic activity returns to

pre-contraction levels. 

RESPONSE R:

Figures 2.5-1 and 7.3.b-1 show significant reductions in the observed PM2.5 annual design

values for the Charleston nonattainment area. West Virginia’s demonstrated reductions in

design values for PM2.5 meet all regulatory requirements and EPA’s Clean Data Policy has

no component for a test of statistical significance. EPA does not suggest a specific test for

statistical significance to be applied to the design values in this case. In addition, our review

of 40 CFR 51, Appendix W, does not reveal a specific statistical procedure to apply in this

situation. Nonetheless, WV has shown reductions in the PM2.5 annual design values for the 

Charleston nonattainment area.

Furthermore, as EPA notes “(a)nnual concentrations at this monitor [South Charleston

monitor] do appear to be falling at a statistically significant level” (emphasis added).

WVDAQ did not represent them as necessarily statistically significant. As noted above,

WVDAQ does not know of any requirement to determine statistical significance. 

A plot of WV's economic activity index combined with PM2.5 ambient concentrations data

reveals that concentrations of PM2.5 steadily decreased even with a strongly increasing

economic activity. [See chart in Response S, below.] The speculation that PM2.5

concentrations will increase once economic activity returns to pre-contraction levels does

not seem to supported by the available data.

Charleston, WV PM2.5 SIP Response to Comments Page 19

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 91
COMMENT S:

Graph 1. Yearly and Quarterly Trends using R

Charleston, WV PM2.5 SIP Response to Comments Page 20

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 92
Economic Activity Index Graphs for WV and OH

Data Source: St. Louis Fed: http://alfred.stlouisfed.org/category?cid=27281

Charleston, WV PM2.5 SIP Response to Comments Page 21

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 93
RESPONSE S:

As noted in Response S above, a plot of West Virginia’s economic activity index

combined with PM2.5 ambient concentrations data reveals that concentrations of PM2.5

steadily decreased even with a strongly increasing economic activity. The speculation

that PM2.5 concentrations will increase once economic activity returns to pre-contraction

levels does not seem to supported by the available data.

COMMENT T:

Section 7.4 Unmonitored Area Analysis

This section references the “current-year” while discussing the unmonitored area

analysis even though it appears to be referencing the base-year or 2002. Figure 7.4-1

and 7.4-2 also appear to refer to base-year PM-2.5 concentrations (2002) but are not

labeled as such.

RESPONSE T:

The “current year” is referring to the base year of 2002, as indicated in Table 7.4. To

further clarify that the base year of 2002 is the basis for the current-year design value

(DVC), the third paragraph of Section 7.4 has been modified as shown below.

Coincident Economic Activity Index for West Virginia (Source:  Federal Reserve Bank

of Philadelphia) and PM2.5 Ambient Monitoring Data

135

140

145

150

155

160

165

170

175

Jan‐99

May‐99

Sep‐99

Jan‐00

May‐00

Sep‐00

Jan‐01

May‐01

Sep‐01

Jan‐02

May‐02

Sep‐02

Jan‐03

May‐03

Sep‐03

Jan‐04

May‐04

Sep‐04

Jan‐05

May‐05

Sep‐05

Jan‐06

May‐06

Sep‐06

Jan‐07

May‐07

Sep‐07

Jan‐08

May‐08

Sep‐08

Jan‐09

May‐09

(July 1992 = 100)

0

2

4

6

8

10

12

14

16

18

20

PM2.5 (ug/m3)

WV Economic Index

Kanawha (054‐039‐0010)

Kanawha (054‐039‐1005)

Annual PM2.5 Standard

Linear (Kanawha (054‐039‐0010))

Linear (Kanawha (054‐039‐1005))

Charleston, WV PM2.5 SIP Response to Comments Page 22

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 94
EPA’s PM2.5 projection procedure includes an unmonitored area

analysis that has been established in MATS (Modeled Attainment

Test Software). The unmonitored area analysis uses the futureyear annual PM2.5 Design Values projection procedure applied to

each grid cell in the modeling domain. In this procedure, the

current-year (2002) annual PM2.5 Design Values (DVC) are

interpolated to each grid cell in the modeling domain. For a more

detailed explanation of the procedure see Section 4.9 of the ASIP

TSD contained in Appendix N.2.

The legend in Figures 7.4-1 and 7.4-2 indicate that the concentrations are for the year

2002, however, to further clarify that 2002 is the year that is the basis for the DVC,

“2002" has been added to the caption for Figures 7.7-1 and 7.4-2.

COMMENT U:

Appendix A

Quarterly data for monitor 54-039-0010 do not appear in this appendix.

RESPONSE U:

Quarterly data for monitor 54-039-0010 was incorrectly labeled as monitor 54-039-0009.

This typo has been corrected.

COMMENT V:

Appendix B

Please provide the source or sources of the land-use data used in the MM5 and CMAQ

models.

RESPONSE V:

The MM5 terrain file was generated using the MM5 TERRAIN preprocessor by BAMS

as part of the VISTAS 2002 36/12 km MM5 modeling (Olerud, 2003a,b,c,d; Olerud and

Sims, 2004). The MM5 TERRAIN processor uses terrain and land cover data available

from the NCAR website:

http://www.mmm.ucar.edu/mm5/documents/tutorial-v3-notes-pdf/terrain.pdf

The CMAQ terrain input file was generated using the CMAQ MCIP processor that

converts the MM5 13 land use categories to the 11 RADM land use categories used by

CMAQ.

Charleston, WV PM2.5 SIP Response to Comments Page 23

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 95
COMMENT W:

You asked us to review West Virginia’s analysis that attempts to demonstrate that

on-road emissions of NOx are insignificant for PM2.5 conformity purposes in Charleston. 

The information in the attainment demonstration indicates that on-road emissions of NOx

account for about 20% of the area’s NOx inventory. West Virginia applied a trading

ratio included in the PM2.5 NSR rule and converted all NOx emissions in the area to

PM2.5 equivalents and made an argument that, when all of the emissions are converted

using this ratio, on-road NOx emissions are responsible for only a small percentage of

PM2.5 in the area. 

We consulted with OAQPS on the use of these ratios in this manner and have concluded

that it is inappropriate to apply the trading ratio to all NOx emissions in the area to make

an insignificance demonstration. The ratio was developed to apply to individual

stationary source trades. It was not intended to be applied to all emissions sources

across an entire nonattainment area. Also, EPA has accepted a petition to reconsider the

use of these ratios for NSR purposes; therefore, we believe that they should not be used

by West Virginia for purposes of demonstrating insignificance. Given that on-road

sources account for about 20% of the NOx emissions in the area, we cannot agree that

on-road emissions of NOx are insignificant in Charleston. 

We also believe that it is unnecessary and inappropriate to use the SO2 to PM2.5 trading

ratio from the NSR rule to show that on-road emissions of SO2 are insignificant. We

have advised areas to make the case that on-road emissions of SO2 represented only a

small percentage of the inventory in the base year, since that time EPA has implemented

the low sulfur gasoline and low sulfur diesel regulations which eliminated over 90% of

on-road SO2 emissions from base year levels and those rules will ensure that on-road

SO2 emissions remain at insignificant levels into the future. 

Finally, we had discussions with you beginning in October 2007 concerning whether or

not direct PM2.5 emissions were insignificant in Charleston. At that time we concluded

that direct PM2.5 emissions are not insignificant. After reviewing the information

presented in the attainment demonstration, we continue to believe that direct emissions of

PM2.5 from on-road sources are not insignificant for conformity purposes. 

RESPONSE W:

The original proposed SIP had concluded that highway NOx and direct PM emissions

were insignificant with respect to transportation conformity. This conclusion was based

on the limited ability of NOx to form PM and the relative contribution to the overall

equivalent PM emissions. Adverse comments from EPA indicated that the agency

disagreed with our application of New Source Review interpollutant trading ratios for

NOx. The agency also disagreed with our initial finding that a 3.5% contribution of direct

highway PM to the overall direct emissions is insignificant under the conformity rule.

Charleston, WV PM2.5 SIP Response to Comments Page 24

Charleston, WV 1997 PM2.5 SIP Appendix Q Page Q - 96
The DEP continues to believe that our results for NOx and direct PM are correct, i.e., we

still believe that these pollutants should be exempt from emissions analysis under

40CFR93.109(k) for the Charleston area. Notwithstanding that belief, we also recognize

that such findings have far-ranging implications and that the EPA must consider the

national ramifications for both interpollutant trading and significance thresholds. Further,

we acknowledge that the Metropolitan Planning Organization, RIC, would likely prefer

definitive emissions budgets to the uncertainty of our taking a position contrary to EPA

guidance. In response, we have established PM2.5 and Nitrogen Oxides (NOx) Motor

Vehicle Emissions Budgets (MVEB) for highway vehicles; significantly revised the

Transportation Conformity chapter (Chapter 2.5); and are reopening the comment period

only with respect to this chapter of the proposed SIP revision.

2009 PM2.5 Motor Vehicle Emissions Budgets

NOx: 6,147 tons per year

PM2.5: 116 tons per year

Charleston, WV PM2.5 SIP Response to Comments Page 25

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