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

- App. V)

SIP Submitted by: West Virginia Department of the Environmental Protection

Date Submitted: July 2, 2014 Subject: Amendments to the Ambient Air Quality Standards (45CSR8)

Completeness Review Completed by: Ellen Schmitt Date Completed: July 22 , 2014

Administrative Materials ACCEPTABLE

EPA REQUIREMENT STATE SUBMITTAL (X)

1. A formal letter of submittal from the Governor or his designee, requesting EPA approval of the plan or revision

thereof. 1. Yes, letter dated July 1, 2014 from Randy C. Huffman, Cabinet Secretary, West Virginia Department of Environmental Protection (DEP).

2. Evidence that the State has adopted the plan in the State code or body of regulations; or issued the permit, order, or consent agreement in final form. That evidence shall include the date of adoption or final issuance as well as the effective date of the plan, if different from the adoption/issuance date. 2. Yes, the Legislative Rule was filed by the West Virginia

DEP

- Division of Air Quality on May 4, 2014, in accordance with the West Virginia Code §29A

- 3

- 11 and §39A

- 3

- 2.

Effective date of the revision is June 1, 2014.

3. Evidence that the State has the necessary legal authority under State law to adopt and implement the plan. 3. Yes, West Virginia DEP has legal authority to adopt and implement the plan under section 22

- 5

- 4 of the West Virginia

Code.

4. A copy of actual regulation, or document submitted for approval and incorporation by reference into the plan, including indication of the changes made to the existing approved plan, where applicable. The submittal shall be a copy of the official State regulation/document signed, stamped, dated by the appropriate State official indicating that it is fully enforceable by the State. The effective date of the regulation/document shall, whenever possible, be indicated in the document itse lf. 4. Yes, Notice of Final Filing and Adoption of a Legislative Rule Authorized by the West Virginia Legislature shows Title 45 Series 8, 45CSR8, Ambient Air Quality Standards was filed on May 4, 2014, and became effective on June 1, 2014 via the

author ization of Randy C. Huffman, Cabinet Secretary. West Virginia provided a copy of the Legislative Rule which indicates the changes made.EPA REQUIREMENT STATE SUBMITTAL (X)

5. Evidence that the State followed all of the procedural requirements of the State's laws and constitution in conducting and completing the adoption/issuance of the plan. 5. Yes, letter dated July 1, 2014 from Randy C. Huffman, Cabinet Secretary, WV DEP indicates that all state and federal administrative procedural requirements had been met.

6. Evidence that public notice was given of the proposed change consistent with procedures approved by EPA, including the date of publication of such notice. 6. Yes, the notice s of public comment period s w ere published

in the West Virginia Register and Charleston Newspape rs on June 7, 201 3 announc ing a comment period from June 7 to July

8 , 201 3, with a public hearing on July 8, 2013 at 6:00pm.

7. Certification that public hearings were held in accordance with the information provided in the public notice and the State's laws and constitution, if applicable. 7. Yes, letter dated July 1, 2014 from Randy C. Huffman, Cabinet Secretary, WVDEP indicates that all state and federal administrative procedural requirements ha ve been met. In addition, attached Form 3 and Form 10 require WV DEP to certify that the proposed rule ha s gone to public hearing or a public comment period . A transcript of the public hearing on July 8, 2013 was provided.

8. Compilation of public comments and the State ’ s response thereto. 8. Yes, the Public Hearing’s Reporter’s Certification shows no

oral comments were received on 45CSR8. One comment was

received via letter, however the comment was positive

.

Technical Support

EPA REQUIREMENT STATE SUBMITTAL (X)

1. Identification of all regulated pollutants affected by the plan. 1. N/A

– T h e s e revision s are administrative action s

.
2. Identification of the locations of affected sources including

the EPA attainment/nonattainment designation of the locations and the status of the attainment plan for the affected area(s). 2. N/A

– Th e s e revision s are a dministrative action s and will not affect any sources in West Virginia.

3. Quantification of the changes in plan allowable emissions from the affected sources; estimates of changes in current actual emissions from affected sources or, where appropriate, quantification of changes in actual emissions from affected sources through calculations of the differences between certain

b aseline levels and allowable emissions anticipated as a result

of the revision. 3. N/A

– T h e s e revision s are administrative action s and do not include any changes to allowable or actual emissions

.EPA REQUIREMENT STATE SUBMITTAL (X)

4. The State ’ s demonstration that the national ambient air quality standards, prevention of significant deterioration increments, reasonable further progress demonstration, and visibility, as applicable, are protected if the plan is approved and implemented. 4. The SIP revision establishes ambient ai r quality standards equivalent to the national primary and secondary ambient air quality standards established under section 109 of the Clean Air Act, and promulgated by the EPA under 40 CFR Part 50

. It also incorporates by reference the ambient air monit oring reference methods and equivalent methods in 40 CFR 53. 5. Modeling information required to support the proposed revision, including input data, output data, models used, ambient monitoring data used, meteorological data used, justification for use of offsite data (where used), modes of models used, assumptions, and other information relevant to the determination of adequacy of the modeling analysis. 5. N/A

– These revisions are administrative actions and no modeling information is needed.

6. Evidence, where necessary, that emission limitations are based on continuous emission reduction technology. 6. N/A

– These revisions are administrative actions and do not affect any emission limits based on continuous emissions reduction technology

.
7. Evidence that the plan contains emission limitations, work practice standards and recordkeeping/reporting requirements, where necessary, to ensure emission levels. 7. N/A

– These revisions are administrative actions and do not affect any emission limits, work practice standards, or recordkeeping requirements which ensure emission levels.

8. Compliance/enforcement strategies, including how compliance will be determined in practice. 8. N/A

– These revisions are administrative actions and do not affect compliance or enforcement strategies.

9. Special economic and technological justifications required by any applicable EPA policies. (If a policy is not appropriate, explain why.) 9

. N/A

10. A Section 107 request must be accompanied by a maintenance plan demonstrating maintenance to the relevant NAAQS for at least 10 years after redesignation. 10. N/A