west virginia department of environmental protection

Final West Virginia 

State Implementation Plan Revision for 

Clean Air Act Section 110(a)(2)(A)-(M) 

Requirements for the 2008 8-Hour Ozone 

National Ambient Air Quality Standards 

February 17, 2012 

West Virginia Division of Air Quality 

601 57th Street, SE 

Promoting a healthy environment 
This page intentionally left blank.
Final West Virginia State Implementation Plan Revision for Clean Air Ac

Section 110(a)(2)(A)-(M) Requirements for the 2008 8-Hour Ozone National Ambient Air Q

A State Implementation Plan (SIP) is a plan for each state that identifies how that state will attain and/or maintain thNational Ambient Air Quality Standards (NAAQS). The SIP is a series of complex, fluid documents containing regurequirements, non-regulatory items such as plans and inventories, and in some cases additional requirements promulEnvironmental Protection Agency (EPA). The initial SIPs for states were approved by EPA on May 31, 1972. SIPs c

with EPA approval as necessary. The federally enforceable SIP for West Virginia is compiled in 40 CFR Part 52, Suto the SIP, West Virginia is demonstrating that it has adequate resources and authority to implement the 2008 8-hour This SIP revision addresses requirements of Section 110(a)(2)(A)-(M) of the Clean Air Act (CAA) many of which hother SIP revisions. It is a compilation of elements that demonstrate how the 2008 8-hour ozone NAAQS is being imand enforced in West Virginia. The elements of this SIP revision, once approved by EPA, will provide a federally enhow West Virginia will continue to comply with the Section 110(a)(2) requirements of the CAA for the 2008 8-hour 

In 1961, the West Virginia Legislature passed the Air Pollution Control Act (APCA), making West Virginia the sixte

statewide air pollution control law. The law provided for a separate state agency composed of a seven member Commstaff. The powers, authorities and funding of the original Commission were subsequently conveyed to the Office of Athe Division of Air Quality (WVDAQ) within the West Virginia Department of Environmental Protection (WVDEP

legal authorities now incorporate over 90 full time staff, with a multi-million dollar annual budget and approximately DAQ has a variety of substantial funding sources, including construction/modification permit fees, Title V operating 

operating fees, general State revenue and federal grant monies. The agency has demonstrated the ability to implemenrequirements for fifty years as most recently evidenced by federally approved Revised Motor Vehicle Emission BudHuntington, Parkersburg, Weirton, and Wheeling 8-Hour Ozone Maintenance Areas, and Section 110(a)(2) Infrastruthe 1997 8-Hour Ozone National Ambient Air Quality Standards. Legislative authority for the West Virginia air quathe responsibilities in the Clean Air Act is codified in the West Virginia Air Pollution Control Act, W.Va. Code §22-5-1, which gives West Virginia the primary responsibility for assuring air quality pursuant to the CAA.

Many elements of Section 110(a)(2)(A)-(M) are already addressed in the approved SIP or recently submitted SIP revThis SIP revision may reiterate and/or reinforce some of these previously submitted and/or approved elements. Somthose for intergovernmental consultation, air quality modeling and compliance with Part D of the CAA, are fulfilled 

and submission to EPA, as a SIP revision, of attainment plans and related requirements due under Subpart 1 and, in t

hour ozone NAAQS, Subpart 2 of the CAA. West Virginia has no designated 2008 8-hour ozone NAAQS non-attaicurrently monitoring attainment of the standard at all ozone sampling sites within the state. 
Section 

110(a) element The implementation plan shall: West Virginia Implementation 

§110(a)(2)(A) include enforceable emission 

limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance as may be necessary or appropriate to meet the applicable requirements of this Act. 

Enforceable Emission Limitations and Other Control MeasurCabinet Secretary (Secretary) has the authority under W.Va. Code §

4(a)(4) and 22-5-4(a)(17) to promulgate rules in accordance with tProcedures Act (W.Va. Code §§ 29A3-1 et seq.). Approximately f

legislative rules implemented under the auspices of the APCA are and codified at Title 45 of the West Virginia Code of State Rules, inclair quality standards for criteria pollutants (including the 2008 8-houcontained in 45CSR8. Enforceable emission limitations and other coozone may be found in the West Virginia Code of State Rules appropriate to meet the applicable requirements of the CAA: 

45CSR13 - The purpose of this SIP approved rule (68 FR 9559) procedures for stationary source reporting, and the criteria for obtaconstruct and operate a new stationary source which is not a major 

to modify a non-major stationary source, to make modifications whmodifications to an existing major stationary source, to relocate nosources within the state of West Virginia. Ozone is a “regulated polunder 45CSR13-2.20. An emissions increase of six (6) pounds per tons per year or more, or more than 144 pounds per calendar day of source triggers a modification under 45CSR13. 45CSR14 - The purpose of this SIP approved rule is to satisfy significant deterioration permit program requirements in Part C oapproved revisions to the rule include references to NOx as a precuFR 30832). 45CSR14 contains a significance level for ozone of 40 tpNo de minimis air quality level is provided for ozone. However, aincrease of 100 tons per year or more of VOC or NOx subject trequired to perform an ambient impact analysis, including the gathedata. A PSD source in an attainment area may have NOx or VOC ema permit under 45CSR14 based upon a BACT analysis. On AugusVirginia submitted a revision to the SIP which includes provisions NAAQS implementation under 45CSR14. 45CSR19 - The purpose of this SIP approved rule (71 FR 64468nonattainment area new source review permit program requirementCAA. 45CSR19 contains a significance level for ozone of 40 tpy of 
§110(a)(2)(A) (continued) 

NSR source in an ozone non-attainment area may have a NOx limitation in a permit under 45CSR19 based upon a LAER analysis. OWest Virginia submitted a revision to the SIP which includes provozone NAAQS implementation under 45CSR19. West Virginia submirevision to the SIP which includes minor revisions to 45CSR19 that ewith federal counterpart. West Virginia has no designated ozone nonunder the 2008 8-hour Ozone NAAQS. 45CSR21 - The purpose of this SIP approved rule (60 FR 6022) is to available control technology for VOC sources located in Putnam County, Cabell County, Wayne County, and Wood County West Virgi

45CSR29 - This SIP approved rule (60 FR 39855) requires the submNOX emissions statements for sources in Putnam, Kanawha, Cabe

and Greenbrier counties.45CSR30 - This legislative rule establishes a permitting program purthe CAA. Any major stationary source subject to enforceable NOx limitations or control measures pursuant to 45CSR13, 45CSR14, 45Cor 45CSR29 will be contained in a permit issued by West Virginia unTitle V permit program. The effective date of interim approval of WesProgram and 45CSR30 was 12/15/95. EPA fully approved the Weprogram via DFR published on 10/03/01 (66 FR 50325). EPA app45CSR30 contained in DAQ’s 07/01/01 rule via a separate DFR publ(66 FR 51318). These revisions became federally effective 11/23/01. 45CSR33 - This rule establishes the Acid Rain Program pursuant to Tin West Virginia. This federal program approval rule incorporates Nitrogen Oxides Reduction Program set forth in 40 CFR Part 76. Clean Air Interstate Rule (CAIR) - West Virginia received approvarevision on August 4, 2009 (74 FR 38536) which contained three state 45CSR40 and 45CSR41. 45CSR39 and 45CSR40 are the annual aCAIR NOx trading programs which set NOx budgets for the purinterstate transport of PM and ozone. Pursuant to West Virginia Code, §22-5-1 declares the state’s public primary responsibility for assuring air quality pursuant to the ‘Federal 

amended.” The Secretary has the authority under W.Va. Code §§22-5-4(a)(1) ways and means for the regulation and control of pollution of the ai“conduct such studies and research relating to air pollution and abatement”. 
§110(a)(2)(B) provide for establishment and 

operation of appropriate devices, methods, systems, and procedures necessary to monitor, compile, and analyze data on ambient air quality, and upon request, make such data available to the Administrator; 

Establishment of Monitoring System: Pursuant to West Virginia C“protecting the environment is fundamental to the health and wecitizens,” and, the state “has a duty to provide and maintain a health

our citizens.” Under §22-1-1(a)(2), “the state has the primary protecting the environment.” §22-1-1(b) “declares that the esdepartment of environmental protection is in the public interest” and of the state .....to use all practical means and measures to prevent o

the environment and biosphere, to create and maintain conditions and nature can exist in productive harmony, .....” Additionally, §22-5-1 declares the state’s public policy “to fulfill its prifor assuring air quality pursuant to the ‘Federal Clean Air Act’, as am

As set forth in §22-1-1(b)(5), the WVDEP, “insofar as federal envirorequire state participation” must “endeavor to obtain and continue sadministration of such federally-mandated programs,.....and to appropriate federal agencies to meet environmental goals.” 

Under §22-1-6(a), the Secretary “is the chief officer of the departmenduties and authority pursuant to §§22-5-2(3) and 22-5-4. The Secretary has the authority under W.Va. Code §§22-5-4(a)(1) ways and means for the regulation and control of pollution of the a“conduct such studies and research relating to air pollution anabatement”. Therefore, under manifold statute authority, West Virginia operates 

established network of ambient air monitors in West Virginia foassessing compliance with the National Ambient Air Quality Congress provided for in the CAA, and such standards promulgated 

the health and welfare of individual citizens. Monitoring System Operation: To assess compliance with the 2NAAQS, DAQ operates a network of air quality monitors at approWest Virginia that have been designated by EPA as either FedFederal Equivalent monitors, in accordance with recent revisiomonitoring network requirements. All ambient air monitors are sub

Assurance requirements of 40 CFR Part 58, Appendix A. Additionallmet the minimum siting requirements of Part 58, Appendix E. 

collected air quality data to determine attainment status under the NAOn March 27, 2008, EPA revised the 8-hour ozone NAAQS (73 FR 

rule, EPA noted that the agency intends to issue a consequent f
§110(a)(2)(B) (continued) 

revised monitoring requirements under the new NAAQS. The agenchour ozone monitoring rule on July 9, 2009, but has yet to issue existing network and procedures for the 1997 ozone NAAQS are cofor the 2008 8-hour ozone NAAQS, as the pollutant is unchanged; onlevel) is different. Availability of Data: In order to keep EPA informed of planned chasites, WVDAQ provides EPA Region III with adequate prior notificatiochanges and anticipated approvals of the changes are communicaannual basis, WVDAQ submits to EPA a monitoring site design plan 

CFR §58.10, that describes how West Virginia is complying requirements and explains any changes to the monitoring netwoprovides for a description of each change, the reason for each chan

information relevant to the change. As required under 40 CFR Par§58.10, West Virginia’s 2011 Annual Air Quality Monitoring Networsubmitted to EPA on June 22, 2011, and consequently approved by 

6, 2011. As provided in West Virginia Code, §§22-5-4(a)(2), 22-5-10 and §CAA, WVDAQ will collect and report in a timely manner to EPA ambfor ozone. West Virginia has also committed within the 105 gmonitoring and reporting data for ozone. The reports will compl

requirements of 40 CFR §58.16. The data is reviewed, edited, validinto the EPA Air Quality System (AQS) for updating pursuant tprocedures set forth in 40 CFR §51.320. The EPA AQS receives eadays after the end of the quarterly reporting period. Data is cerequired under 40 CFR §58.15. 

§110(a)(2)(C) include a program to provide for 

the enforcement of the measures described in subparagraph (A) and regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved, including a permit program as required in parts C and D; 

Enforcement of Control Measures for the 2008 8-Hour Ozone NA§22-1-6(a), the Secretary “is the chief officer of the department” with tand authority pursuant to §§22-5-2(3) and 22-5-4. The Secretary has the authority under W.Va. Code §§22-1-3(a), 22-54(a)(17) to promulgate rules in accordance with the Administrative (W.Va. Code §§ 29A3-1 et seq.) The Secretary has the authority under W.Va. Code §22-5-4(a)(5) requiring compliance with the provisions of this article and tpromulgated hereunder.” The Secretary has the authority under W.Va. Code §22-5-4(a)(9) “to any property, premise or place .... for the purpose of ascertain
§110(a)(2)(C) (continued) 

compliance with this article and the rules promulgated under the 

article.” The Secretary has the authority under W.Va. Code §22-5-4(a)(16) 

necessary and convenient to prepare and submit a plan oimplementation, maintenance and enforcement of the Federal Clean AThe Secretary also has the authority under W.Va. Code §22-5-5 directing a person to cease and desist activity which violates the pro

et seq and the rules promulgated pursuant thereto. 

Pursuant to W.Va. Code §22-5-6, violators of the provisions of §22-5

rules promulgated pursuant thereto are subject to civil penalty. 

West Virginia therefore has an established legal framework and 

provide for the enforcement of the measures described the §110(athis document, and contained in a permit issued under 45CSR13, 45Cor 45CSR30 (see below). Regulation of the Modification and Construction of StationaPrevention of Significant Deterioration (PSD) and nonattainment a

Review (NNSR) programs contained in Parts C and D of Title I collectively referred to as the major New Source Review (NSR) preconstruction review and permitting of any new or modified major s

of air pollutants regulated under the CAA as well as any precursors t

that pollutant when identified for regulation by EPA. For the 20NAAQS, West Virginia's permitting program includes the following thrules: PSD rule 45CSR14, NNSR rule 45CSR19, and minor NSR rulVirginia also has an approved Title V operating permit program (66 FR PSD - PSD rule 45CSR14 (76 FR 30832) satisfies the preventdeterioration permit program requirements in Part C of the CAA. authorized to implement its existing PSD permit program in order t

construction and modification of major stationary sources does not cto a violation of the 2008 8-hour ozone NAAQS through SIP-approv45CSR14 ensures that new or modified sources will apply Best Technology (BACT) to reduce emissions of VOC or NOx in accosections 165 (a)(3) and (4). This fully-adopted and SIP-approved regulated NSR pollutants, and includes NOx as a precursor to ozone. West Virginia’s 2011 rule 45CSR14 became effective on June 16adopted rule included provisions for 2008 8-hour ozone NAAQS imlimits PSD applicability with respect to greenhouse gas-emitting sothe applicability thresholds included in EPA’s Tailoring Rule. We
legislative rule 45CSR14 was submitted to EPA as a SIP revision on West Virginia will revise its PSD program to address any applicable of the ozone PSD rules within three years from the date of such amenNNSR - West Virginia NNSR rule 45CSR19 (71 FR 64468) satisfies area new source review permit program requirements in Part D of t29, 2010, West Virginia submitted a revision to the SIP which includehour ozone NAAQS implementation under 45CSR19. On July 8, 20submitted a subsequent revision to the SIP which includes minor revithat ensure consistency with federal counterpart. West Virginia wilprogram to address any applicable EPA amendments of the ozone Nthree years from the date of such amendments. West Virginia has no non-attainment areas under the 2008 8-hour ozone NAAQS. Minor NSR - West Virginia’s SIP-approved minor NSR permittin45CSR13 (68 FR 9559) provides regulation of the modification anstationary sources as necessary to assure that the 2008 8-hour oachieved in accordance with CAA section 110(a)(2)(C). West Virg

minor NSR program to address any applicable EPA amendments orules within three years from the date of such amendments. 

§110(a)(2)(D) contain adequate provisions - 

(i) prohibiting, consistent with the provisions of this title, any source or other type of emissions activity within the state from emitting any air pollutant in amounts which will-  (I) contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to any such national primary or secondary ambient air quality standard, or  (II) interfere with measures required to be included in the applicable implementation plan for any other State under part C to prevent significant deterioration of air quality or to 

Prongs I & II - Prohibiting Significant Contribution or IMaintenance of the NAAQS: DAQ will not address Prongs I & II a

wait for guidance from EPA with respect to states complying with CAit relates to the 2008 8-hour ozone standard. Prong III – Prohibiting Interference With Required PSD Measur

confirms that new major sources and major modifications in the sPSD under legislative rule 45CSR14. The purpose of this West Virg

rule is to satisfy the prevention of significant deterioration permit pro

in Part C of the CAA. SIP-approved revisions to the rule include referprecursor of ozone (76 FR 30832). Under 45CSR14, “.....all applicperson to construct major new or modified stationary air pollution so

locate in areas with air quality better than the levels set to protect thwelfare, or that might impact those areas, must adequately meet threview procedures and conditions of the Clean Air Act as amendincludes specific federal requirements which ensure that new or mnot interfere with measures to prevent significant deterioration providing a mechanism to prevent the development of any ne

problems. 45CSR14 requires the evaluation of sources of air pollutan

the construction or relocation of any major stationary source or maany area classified as attaining National Ambient Air Quaunclassifiable in which the establishment of such source or modific
§110(a)(2)(D) (continued) 

protect visibility, (ii) ensuring compliance with the applicable requirements of sections 126 and 115 (relating to interstate and international pollution abatement); 

with the goals of the prevention of significant deterioration of air 

August 31, 2011, West Virginia submitted a revision to the Sprovisions for 2008 8-hour ozone NAAQS implementation under 45CProng IV - Measures Required to Protect Visibility: West VirginSIP was submitted to EPA on June 8, 2008. By operation of law, it b

and administratively complete on or about December 18, 2008. On JFR 41158, EPA proposed a limited approval and limited disapprovaRegional Haze SIP revision. The agency proposed to approve the rthe requirements of CAA sections 110(a)(2)(D)(i)(II) and 110(a)(2)(Jthe SIP revision arises from the remand by the U.S. Court of AppeaColumbia to EPA of the Clean Air Interstate Rule (CAIR). Ensuring Compliance with Sections 126 and 115: West Virginia 

that it has met its obligations pursuant to CAA Section 126(a) throu45CSR14-17, Public Review Procedures which requires notification 

potential impacts from a source. West Virginia has no current pending obligations pursuant to CA

126(c) or 115. West Virginia has submitted to EPA (August 31, 2011) a fully-adop

under 45CSR14 that applies to all regulated NSR pollutants, inc

Virginia has made the necessary submittals to demonstrate that adequate provisions ensuring future compliance with the requiremeand 115 of the CAA as may be necessary. 

§110(a)(2)(E)(i) provide 

(i) necessary assurances that the state (or, except where the 

Administrator deems inappropriate, the general purpose local government or governments, or a regional agency designated by the state or general purpose local governments for such purpose) will have adequate personnel, funding, and authority under state (and, as appropriate, local) law to carry out such 

Personnel: WVDEP has adequate personnel to carry out the implemrespect to the 2008 8-hour ozone NAAQS. The Secretary epersonnel and retains specialists under W.Va. Code §22-5-4(a)(8) thincident or convenient" to accomplish the statutory mandate implementation plan. A staff of approximately 90 full time employeWVDAQ. The West Virginia Air Director supervises the air monitorinenforcement, hazardous waste, permitting and planning sectionsregional DAQ offices, and answers to the Secretary. Because of national and state economy, WVDAQ does not anticipate any signnecessary resources during the 5 years following SIP submittal; and resource need at 1, 3, and five year intervals. Funding: The APCA provides adequate funding under W.Va. Code 22-5-4(a)(17) to carry out the implementation plan. W.Va. Code §22statutory operating permit requirements for stationary sources under 
§110(a)(2)(E)(i) (continued) 

implementation plan (and is not prohibited by any provision of federal or state law from carrying out such implementation plan or portion thereof); 

45CSR30 establishes fees sufficient to cover the direct and administering the air pollution control planning process, Title V 

program, and support the air pollution control program authorizeAPCA also authorizes the establishment of fees to cover non-Title under 45CSR22. The air quality program also receives revenupenalties (Air Pollution Control Fund) and federal funds under Sectithe CAA, and state general appropriations. Legal Authority: The APCA, W.Va. Code §22-5-1, declares the sta

its primary responsibility for assuring air quality" pursuant to the CAAauthorized under W.Va. Code §§22-1-6(c)(1) and 22-5-4(a)(12) represent the state in any and all matters pertaining to the implemSecretary has the authority under W.Va. Code §22-5-4(a)(16) necessary and convenient to prepare and submit a plan implementation, maintenance and enforcement of the Federal CleaSecretary is not prohibited by any provision of federal or state law froimplementation plan or portion thereof. The legal authorities specifithe Secretary at the time of submission of this SIP revision. West Virginia has adopted emission standards and limitations annecessary for attainment and maintenance of national standards. the authority under W.Va. Code §§22-1-3(a), 22-5-4(a)(4) and promulgate rules in accordance with the Administrative Procedures 

§§ 29A3-1 et seq.). Approximately forty rules revised under the ausare currently in effect and codified at Title 45 of the Code of State Rambient air quality standards for ozone and other criteria pollu45CSR8. Statutory permitting requirements are set forth in W.Va. 

12. West Virginia has an EPA-approved air permitting program f

minor facilities, under state rules 45CSR13, 45CSR14, 45CSR19 

applicable). The Secretary is authorized to enforce applicable laws, regulatiounder W.Va. Code §§22-1-6(d)(3), 22-05-4(a)(5) and 22-05-4(a)(6), a

relief under W.Va. Code §22-5-7. The Secretary is authorized to abate pollutant emissions on an eprevent substantial endangerment to the health of persons. W.V

authorizes the Secretary to issue an order to cease and desist any a

the Air Pollution Control Act. The Secretary may also suspend, msource’s permit. Under §22-5-6, the Secretary may also institute 

penalties. §22-5-7 authorizes the Secretary to seek applications f§22-5-8 authorizes the Secretary, with the written authorization of the down a source, thereby preventing the emission of air pollutants wcontributes to an emergency that requires immediate action to prote
§110(a)(2)(E)(i) (continued) 

provided in West Virginia Code, §§22-5-4(a)(2) and 22-5-10, the Secwith EPA to affirm accuracy of any information considered while eunder §§22-5-5, -6, -7 or -8. The Secretary is authorized to prevent construction, modification, facility, building, structure, or installation, or combination thereof, 

indirectly results or may result in emissions of any air pollutant at 

will prevent the attainment or maintenance of a national standard. Nand major modifications in West Virginia are subject to PSD und45CSR14. The purpose of this West Virginia SIP approved rule (7satisfy the prevention of significant deterioration permit program requ

of the CAA. Under 45CSR14, “.....all applications filed by any person new or modified stationary air pollution sources, intending to locatquality better than the levels set to protect the public health and we

impact those areas, must adequately meet the pre-construction revieconditions of the Clean Air Act as amended ....”. This rule includrequirements which ensure that new or modified sources do measures to prevent significant deterioration of air quality by providiprevent the development of any new non-attainment problems. 45Cevaluation of sources of air pollutants and to preclude the constructany major stationary source or major modification in any area clasNational Ambient Air Quality Standards or unclassifiable in which thsuch source or modification may interfere with the goals of the prevedeterioration of air quality levels. Under W.Va. Code §22-5-4(a)(14), the Secretary is authorized to necessary to determine whether air pollution sources are in complialaws, regulations, and standards. Under W.Va. Code §§22-5-44(a)(15), the Secretary is authorized to require recordkeeping. Unde5-44(a)(9), the Secretary is authorized to and to make inspections aair pollution sources. Under W.Va. Code §22-5-4(a)(15), the Secretary is authorized to operators of stationary sources to install, maintain, and use emdevices and to make periodic reports to the State on the natur

emissions from such stationary sources. Under W.Va. Code §22-5-1authorized to make such data available to the public as reported and any applicable emission standards or limitations. 

§110(a)(2)(E)(ii) (ii) requirements that the state 

comply with the requirements respecting state boards under section 128, and 

State Boards Under Section 128: Section 128(a)(1): Because Weshave a board which approves permits or enforcement orders, thapplicable. Section 128(a)(2): Any potential conflicts of interest bexecutive agency that approves permits or enforcement orders sh
disclosed pursuant to WV Code §6B-2-6, which requires the fidisclosure statement for the head of an executive agency. 

§110(a)(2)(E)(iii) (iii) necessary assurances that, 

where the state has relied on a local or regional government, agency, or instrumentality for the implementation of any plan provision, the state has responsibility for ensuring adequate implementation of such plan provision; 

Responsibility for Implementation of Assured Local Plan Provis

has not relied on any local or regional government, agency, or instimplementation of any state implementation plan provision for the 2

NAAQS. West Virginia will retain primacy with respect to any future 

local or regional governments, agencies or instrumentalities. By sta

has prime responsibility for ensuring adequate implementation of sucThe Secretary has the authority under W.Va. Code §22-5-4(a)(16necessary and convenient to prepare and submit a plan or plans for tmaintenance and enforcement of the Federal Clean Air Act .....” As set forth in §22-1-1(b)(5), the WVDEP, “insofar as federal envirorequire state participation” must “endeavor to obtain and continue s

administration of such federally-mandated programs,.....and to appropriate federal agencies to meet environmental goals.” 

§110(a)(2)(F) require, as may be prescribed by 

the Administrator -  (i) the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps by owners or operators of stationary sources to monitor emissions from such sources,  (ii) periodic reports on the nature and amounts of emissions and emissions-related data from such sources, and  (iii) correlation of such reports by the state agency with any emission limitations or standards established pursuant to this Act, which reports shall be available at reasonable times for public 

Monitoring: W.Va. Code §22-5-4(a)(15) authorizes the Secretainstallation, maintenance and replacement of equipment, and the other necessary steps by owners or operators of stationary sourcreport emissions of NOx or VOC from such sources as the SecretUnder this authority, West Virginia requires the installation, replacement of monitoring equipment at stationary sources throuunder 45CSR13, 45CSR14, 45CSR19, 45CSR30, CAIR rules 45CSRand via compliance orders. West Virginia is subject to the Air Emiss(AERR) set forth in 40 CFR Part 51, Subpart A. WVDAQ’s emissions provides source-specific emissions data to EPA pursuant to the 

requirements. WVDAQ notes that major sources of NOx in West Virgcontinuous emission monitors for NOx as required by the CAIR (ru45CSR40) and the CSAPR FIP. These sources monitor their annual NOx emissions in accordance with 40 CFR Part 75. Reporting: In accordance with the emission reports and recordkeeset forth in 40 CFR §51.211, W.Va. Code §§22-5-4(a)(15) authorizerequire periodic reports on the nature and amounts of NOx or VOemissions-related data from owners or operators of stationary so

data). Pursuant to W.Va. Code §§22-5-4(a)(14), the Secretary is ausuch information as the Secretary may require in a form or manner Secretary (emissions inventory program). Under this authority, Weperiodic reports on the nature and amounts of emissions and emis
inspection; from stationary sources through permits issued under 45CSR13, 45

45CSR30, CAIR rules 45CSR39 and 45CSR40, and via compliancperiodically reports emission inventory information to EPA as require

51, Subparts A and K. WVDAQ notes that major sources of NOx in 

continuous emission monitors for NOx as required by the CAIR (ru45CSR40) and the CSAPR FIP. These sources report their annual NOx emissions in accordance with 40 CFR Part 75.Correlation of Reports: W.Va. Code §22-1-6(d)(3) authorizes the C

“investigate for violations of statutes or rules which the departmeenforcing.” §22-5-4(a)(3) authorizes the Secretary to correlate preports with any NOx or VOC emission limitation or standard estab45CSR13, 45CSR14, 45CSR19, 45CSR30, CAIR rules 45CSR39 

compliance orders, or the CAA. As set forth in W.Va. Code §22-5makes available at reasonable times for public inspection the preported under §§22-5-4(a)(14) & (15). The Secretary has the respoall records, reports or information obtained by the Department or rehearings under the provisions of the APCA available to the public, ethe records, reports or information are protected by confident

45CSR31. The types of records WVDAQ routinely provides anotifications, inspection reports, notices of violation, enforcement opermit review letters, sample results, monitoring reports, permits, appthat would relate to §110(a)(2)(F). WVDAQ generally makes inform

public access through its website, but also makes hard copy repo

written request. Reports submitted under 40 CFR Part 75 are mad

public by EPA. 

§110(a)(2)(G) provide for authority comparable 

to that in section 303 and adequate contingency plans to implement such authority; 

Comparable Authority: W.Va. Code §22-5-5 authorizes the Cabinet an order to cease and desist any activity that violates the Air PollutioSecretary may also suspend, modify or revoke a source’s permit. U

Secretary may also institute lawsuits for civil penalties. §22-5

Secretary to seek applications for injunctive relief. §22-5-8 authoriwith the written authorization of the Governor, to shut down a violatinemitters of NOx or VOC), thereby preventing the emission of asubstantially contributes to an emergency that requires immediate public health. As provided in West Virginia Code, §§22-5-4(a)(2) Secretary may consult with EPA to affirm accuracy of any informatioexecuting authority under §§22-5-5, -6, -7 or -8. Contingency Plans: SIP approved rule 45CSR11 (58 FR 3mechanism to prevent the buildup of ozone concentrations during meteorological conditions in which air pollutants may accumulate, 
the occurrence of an emergency due to the effects of these pollutachieve this purpose, three stages of criteria (pollutant concentration established and specific emission reduction plans will be impleme

initiated at each criteria stage to prevent further deterioration of the aquality region in West Virginia. West Virginia satisfies the criteria to be classified a Priority III Reg

§51.150(f) for ozone, as it does not meet the criteria set forth in 40 (e). Pursuant to 40 CFR §51.152(c), areas classified as Priority 

develop episode (contingency) plans. To date, EPA has noclassification system for the 2008 8-hour ozone NAAQS. 

§110(a)(2)(H) §110(a)(2)(H) (continued) 

provide for revision of such plan- (i) from time to time as may be necessary to take account of revisions of such national primary or secondary ambient air quality standard or the availability of improved or more expeditious methods of attaining such standard, and (ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the basis of information available to the Administrator that the plan is substantially inadequate to attain the national ambient air quality standard which it implements, or to otherwise comply with any additional requirements established under this Act; 

Revision of NAAQS: To satisfy the SIP revision provisions set §51.104, W.Va. Code §22-5-4(a)(16) authorizes the Secretary to do a

and convenient to prepare and submit a plan for the implementationenforcement of the Clean Air Act. WVDAQ has historically revised, arevise its NAAQS rules as necessary to take account of revisions of th

or secondary ambient air quality standards or improved or more expeattaining the standards. Below are brief recent history examples of has promulgated various versions of NAAQS rule 45CSR8 to take aand maintain the primary and secondary NAAQS: 

On February 8, 2009, West Virginia received full SIP approval of its 45CSR8 (74 FR 6552). This rule contains ambient air quality standpollutants, including the 2008 8-hour ozone NAAQS, equivalent to thand secondary ambient air quality standards established under SClean Air Act, and promulgated by the United States Environmental under 40 CFR Part 50 through June 1, 2007. The 2009 version of 45CSR8 includes the 2008 8-hour primary and NAAQS. Revisions to the rule also include deletion of references to hour ozone NAAQS. The 2009 rule became effective June 1, 2009reconsideration of the 2008 8-hour primary and secondary ozoSeptember 16, 2009. Subsequently, EPA Region III advised the WVmay not be approvable into the SIP because the new ozone stanreconsideration. At the request of EPA Region III, 45CSR8 was withd

to the SIP on November 16, 2009. The 2010 version of 45CSR8 included the 2008 8-hour primary and NAAQS, and the 2008 national primary and secondary lead NAAQredundant methods of measurement language in section 4. The 

effective June 1, 2010. EPA Region III advised the WVDAQ that th

45CSR8 may not be approvable into the SIP because the new ozo
under reconsideration. At the request of EPA Region III, 45CSR8 waa revision to the SIP. West Virginia submitted a NAAQS SIP revision to EPA Region IIRevisions to the 2011 version of the rule provide for incorporation bNAAQS as promulgated by the EPA as of June 1, 2010, rather tNAAQS in the rule. Additionally, the EPA has revised the primarNAAQS, and 45CSR8 incorporates by reference these revised starule became effective June 16, 2011. It incorporates the 2008 8-hour reference. Inadequate Plan: W.Va. Code §22-5-4(a)(16) authorizes the Secretnecessary and convenient to prepare and submit a plan for thmaintenance and enforcement of the Clean Air Act. When, if ever, Esubstantially inadequate to attain the NAAQS which it implemencomply with the CAA, West Virginia will revise the plan as necessary 

§110(a)(2)(J) §110(a)(2)(J) (continued)

meet the applicable requirements of section 121 (relating to consultation) and section 127 (relating to public notification)and part C (relating to prevention of significant deterioration of air quality and visibility protection) 

Consultation: Satisfying the applicable requirements of Section 12APCA provides adequate authority under W.Va. Code §22-5-4(a)(2) practices of consultation with local governments, organizations and purposes of air pollution control. WVDAQ also consults with such implementation plans for air quality maintenance requirements, precof direct sources, nonattainment requirements, and preventi

deterioration. For the 2008 8-hour ozone NAAQS, West Virginia’s includes three SIP approved rules: minor NSR rule 45CSR13 (68 F45CSR14 (76 FR 30832), and NNSR rule 45CSR19 (71 FR 64468). has an approved Title V operating permit program (66 FR 503previously demonstrated a commitment to such consultation througand support for an Early Action Compact, and through Federconsultation for the West Virginia Regional Haze SIP. 

Notification: W.Va. Code §22-4-(a)(10) authorizes the WVDAQ to imminent and serious hazards to public health. W.Va. Code authority for the public notification of NAAQS violations and edrequired by CAA Section 127. Each year, WVDEP issues a compre

Annual Report, which compares monitored air quality data with the Nthe Air Quality Index. The Report contains emissions informatiohighlights from the previous year, and provides public awareness oand their effects on health; educational website links to tips that ilinks to technical websites and outreach efforts. PSD and Visibility: Pursuant to the CAA, if a regulated pollutant bregulation under PSD, West Virginia’s PSD rule 45CSR14 
implementation of any new PSD requirements that are triggered upoof any new NAAQS. West Virginia submitted 2011 PSD rule 45CSRIII on August 31, 2011. This fully-adopted rule applies to all regulatincluding greenhouse gases. West Virginia’s Regional Haze SIP was submitted to EPA on operation of law, it became technically and administratively comDecember 18, 2008. On July 13, 2011 at 76 FR 41158, EPA papproval and limited disapproval of West Virginia’s Regional Haze agency proposed to approve the revision as meeting the requiremen110(a)(2)(D)(i)(II) and 110(a)(2)(J). The deficiency in the SIP revisiremand by the U.S. Court of Appeals for the District of Columbus to 

Air Interstate Rule (CAIR), over which the state has no control. 

§110(a)(2)(K) provide for: 

(i) the performance of such air quality modeling as the Administrator may prescribe for the purpose of predicting the effect on ambient air quality of any emissions of any air pollutant for which the Administrator has established a national ambient air quality standard, and (ii) the submission, upon request, of data related to such air quality modeling to the Administrator; 

Air Quality Modeling: West Virginia Code, §§22-5-4(a)(1) & (Secretary to “develop ways and means for the regulation and controair of the state” and “conduct such studies and research relating to acontrol and abatement”. Inherent in West Virginia's authority to meet conduct studies and research is the obligation for WVDAQ to perequired under the CAA to demonstrate attainment of the NAAQS, as Administrator. WVDAQ employs one full time technical employee whair quality modeling. WVDAQ also participates in regional planning as the Association for Southeastern Integrated Planning (ASIP) and Modeling And Planning organization (SEMAP), which performs NAmember states. West Virginia will perform modeling, as required 

demonstrate attainment of the 2008 8-hour ozone NAAQS. Air quaconducted with respect to the 2008 8-hour ozone NAAQS may utphotochemical models such as CMAQ or CAMX. However, because 

in the state indicate compliance with the 2008 8-hour ozone NAAQSexpect that such modeling will be necessary. Submission of Data: W.Va. Code §§22-5-4(a)(2), 22-5-10 authorizes the Secretary to submit, upon request by the Administrapredicting the effect on ambient air quality of any emissions of anwhich the Administrator has established a national ambient air quaVirginia will submit to EPA current and future air quality modeling relevant SIP submissions and through Federal grant commitments oEPA may request. 

§110(a)(2)(L) require the owner or operator of Permit Fees for Permit Review, Implementation and Enforceme
§110(a)(2)(L) (continued) 

each major stationary source to pay to the permitting authority, as a condition of any permit required under this Act, a fee sufficient to cover- (i) the reasonable costs of reviewing and acting upon any application for such a permit, and (ii) if the owner or operator receives a permit for such source, the reasonable costs of implementing and enforcing the terms and conditions of any such permit (not including any court costs or other costs associated with any enforcement action), until such fee requirement is superseded with respect to such sources by the Administrator's approval of a fee program under title V; 

has SIP approved PSD rule 45CSR14 (76 FR 30832) and major NS(71 FR 64468) (construction permits). Program permit fees are cont

The collected fees have been sufficient to cover permit review, and imenforcement of permit terms and conditions.

West Virginia also has an approved Title V operating permit program (66 FR 50325). Title V Program permit fees which satisfy the fee dcertification requirements set forth in 40 CFR §70.9 are contained collected fees have been sufficient to cover permit review, and imenforcement of permit terms and conditions. WVDAQ has periodicaV permitting fees to ensure program sustainability. 

§110(a)(2)(M) provide for consultation and 

participation by local political subdivisions affected by the plan; 

Consultation: The Secretary has the authority under W.Va. Code §2all things necessary and convenient to prepare and submit a plaimplementation, maintenance and enforcement of the Federal CUnder this statute, and pursuant to the General Plan Requirements s§51.240, the West Virginia Division of Air Quality is the organizadevelop, implement and enforce the SIP. W.Va. Code §22-5-4(a)

Secretary to advise, consult and cooperate with local political subdi

the implementation plan. West Virginia consults with local governm

and Land Managers with respect to SIP development. WVDAQ also consults with such entities regarding implementation pmaintenance requirements, preconstruction review of direct sourc

requirements, and prevention of significant deterioration. Notice and Opportunity for Public Hearing: In accordance 

procedural requirements at 40 CFR §51.102, any plan or plan revcompliance schedule, prepared by WVDAQ is subject to a 30 day pwith public hearing, or in cases where there is little anticipated p
opportunity for a public hearing. State rules which contain sprocedures include permitting rules 45CSR13, 45CSR14, 45CSR19 a