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 itself.

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 

authorization 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 notices of public comment periods were published 

in the West Virginia Register and Charleston Newspapers on 

June 7, 2013 announcing a comment period from June 7 to July

8, 2013, 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 have been met. In 

addition, attached Form 3 and Form 10 require WV DEP to 

certify that the proposed rule has 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 – These revisions are administrative actions.

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 – These revisions are administrative actions 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 

baseline levels and allowable emissions anticipated as a result 

of the revision.

3. N/A – These revisions are administrative actions 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 air 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 monitoring 

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