west virginia department of environmental protection

Final West Virginia 

State Implementation Plan Revision for 

Clean Air Act §§110(a)(2)(E)(ii) and 128 Requirem

September 24, 2014 

West Virginia Division of Air Quality 

601 57th Street, SE 

Charleston, W.Va. 25304 

Promoting a healthy environment 
Final West Virginia State Implementation Plan Revision for

Clean Air Act §

§110(a)(2)(E)(ii) and 128 Requirements 

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 cwith EPA approval as necessary. The federally enforceable SIP for West Virginia is compiled in 40 CFR Part 52, SuPursuant to §110(a)(2)(E)(ii) of the federal Clean Air Act (CAA), the West Virginia SIP must include provisions thathe requirements respecting state boards under §128 of the CAA. This SIP revision demonstrates West Virginia’s me

these CAA requirements. §128(a)(1) requires that each SIP contain requirements that any board or body that approvenforcement orders under the CAA shall have at least a majority of members who represent the public interest and dsignificant portion of their income from persons subject to permits or enforcement orders under the CAA. §128(a)(2potential conflicts of interest by members of such board or body or (as is the case in West Virginia) the head of an exsimilar powers be adequately disclosed. In this revision to the West Virginia SIP, the statutory provisions W.Va. Code §§6B-1-3 (2008, c. 106), 6B-2-6 (199(2005, 1st Ex. Sess., c. 1) are incorporated by reference into the SIP to meet §128 CAA requirements for all NAAQS

address §110(a)(2)(E)(ii) for the 1997/2008 ozone, 2010 NO2, 2010 SO2, and the 1997/2006 PM NAAQS. Upon app

following mechanism shall be a federally-enforceable component of the West Virginia SIP: 

Section 

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

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

comply with the requirements respecting state boards under section 128. 

State Boards Under Section 128: §128(a)(1) - Because West Virg

a board which approves permits or enforcement orders, this element Air Director: §128(a)(2) - Any potential conflicts of interest by the he

agency that approves permits or enforcement orders shall be adpursuant to the West Virginia Governmental Ethics Act set forth §§6B-1-3, 6B-2-6 and 6B-2-7, which contains relevant definitions, thfiling of a financial disclosure statement, and the contents of the disc
STATUTORY PROVISIONS OF THE WEST VIRGINIA CODE 

§6B-1-3. Definitions.

As used in this chapter, unless the context in which used clearly requires otherwise:

 (a) "Review Board" means the Probable Cause Review Board created by section two-a, article

two of this chapter.

 (b) "Business" means any entity through which business for-profit is conducted including a

corporation, partnership, proprietorship, franchise, association, organization or self-employed

individual.

 (c) "Compensation" means money, thing of value or financial benefit. The term "compensation"

does not include reimbursement for actual reasonable and necessary expenses incurred in the

performance of one's official duties.

 (d) "Employee" means any person in the service of another under any contract of hire, whether

express or implied, oral or written, where the employer or an agent of the employer or a public

official has the right or power to control and direct such person in the material details of how

work is to be performed and who is not responsible for the making of policy nor for

recommending official action.

 (e) "Ethics Commission" or "commission" means the West Virginia Ethics Commission.

 (f) "Immediate family", with respect to an individual, means a spouse with whom the individual

is living as husband and wife and any dependent child or children, dependent grandchild or

grandchildren and dependent parent or parents.

 (g) "Ministerial functions" means actions or functions performed by an individual under a given

state of facts in a prescribed manner in accordance with a mandate of legal authority, without

regard to, or without the exercise of, the individual's own judgment as to the propriety of the

action being taken.

 (h) "Person" means an individual, corporation, business entity, labor union, association, firm,

partnership, limited partnership, committee, club or other organization or group of persons,

irrespective of the denomination given such organization or group.

 (i) "Political contribution" means and has the same definition as is given that term under the

provisions of article eight, chapter three of this code.

 (j) "Public employee" means any full-time or part-time employee of any state, county or

municipal governmental body or any political subdivision thereof, including county school

boards.

 (k) "Public official" means any person who is elected or appointed to any state, county or
municipal office or position and who is responsible for the making of policy or takes official

action which is either ministerial or nonministerial, or both, with respect to: (1) Contracting for,

or procurement of, goods or services; (2) administering or monitoring grants or subsidies; (3)

planning or zoning; (4) inspecting, licensing, regulating or auditing any person; or (5) any other

activity where the official action has an economic impact of greater than a de minimis nature on

the interest or interests of any person.

 (l) "Relative" means spouse, mother, father, sister, brother, son, daughter, grandmother,

grandfather, grandchild, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law

or daughter-in-law.

 (m) "Respondent" means a person who is the subject of an investigation by the commission or

against whom a complaint has been filed with the commission.

 (n) "Thing of value", "other thing of value" or "anything of value" means and includes: (1)

Money, bank bills or notes, United States treasury notes and other bills, bonds or notes issued by

lawful authority and intended to pass and circulate as money; (2) goods and chattels; (3)

promissory notes, bills of exchange, orders, drafts, warrants, checks, bonds given for the

payment of money or the forbearance of money due or owing; (4) receipts given for the payment

of money or other property; (5) any right or chose in action; (6) chattels real or personal or

things which savor of realty and are, at the time taken, a part of a freehold, whether they are of

the substance or produce thereof or affixed thereto, although there may be no interval between

the severing and the taking away thereof; (7) any interest in realty, including, but not limited to,

fee simple estates, life estates, estates for a term or period of time, joint tenancies, cotenancies,

tenancies in common, partial interests, present or future interests, contingent or vested interests,

beneficial interests, leasehold interests or any other interest or interests in realty of whatsoever

nature; (8) any promise of employment, present or future; (9) donation or gift; (10) rendering of

services or the payment thereof; (11) any advance or pledge; (12) a promise of present or future

interest in any business or contract or other agreement; or (13) every other thing or item, whether

tangible or intangible, having economic worth. "Thing of value", "other thing of value" or

"anything of value" shall not include anything which is de minimis in nature nor a lawful

political contribution reported as required by law.

§6B-2-6. Financial disclosure statement; filing requirements.

 (a) The financial disclosure statement shall be filed on the first day of February of each

calendar year to cover the period of the preceding calendar year, except insofar as may be

otherwise provided herein. The following persons must file the financial disclosure statement

required by this section with the Ethics Commission:

 (1) All elected officials in this state, including, but not limited to, all persons elected statewide,

all county elected officials, municipal elected officials in municipalities which have, by

ordinance, opted to be covered by the disclosure provisions of this section, all members of the

several county or district boards of education and all county or district school board

superintendents;
 (2) All members of state boards, commissions and agencies appointed by the governor; and

 (3) Secretaries of departments, commissioners, deputy commissioners, assistant

commissioners, directors, deputy directors, assistant directors, department heads, deputy

department heads and assistant department heads.

 A person who is required to file a financial disclosure statement under this section by virtue of

becoming an elected or appointed public official whose office is described in subdivision (1), (2)

or (3) of this subsection, and who assumes the office less than ten days before a filing date

established herein or who assumes the office after the filing date, shall file a financial disclosure

statement for the previous twelve months no later than thirty days after the date on which the

person assumes the duties of the office, unless the person has filed a financial disclosure

statement with the commission during the twelve-month period before he or she assumed office.

 (b) A candidate for public office shall file a financial disclosure statement for the previous

calendar year with the state Ethics Commission no later than ten days after he or she files a

certificate of candidacy, but in all circumstances, not later than ten days prior to the election,

unless he or she has filed a financial disclosure statement with the state Ethics Commission

during the previous calendar year.

 The Ethics Commission shall file a duplicate copy of the financial disclosure statement

required in this section in the following offices within ten days of the receipt of the candidate's

statement of disclosure:

 (1) Municipal candidates in municipalities which have opted, by ordinance, to be covered by

the disclosure provisions of this section, in the office of the clerk of the municipality in which

the candidate is seeking office;

 (2) Legislative candidates in single county districts and candidates for a county office or

county school board in the office of the clerk of the county commission of the county in which

the candidate is seeking office;

 (3) Legislative candidates from multi-county districts and congressional candidates in the

office of the clerk of the county commission of the county of the candidate' residence.

 After a ninety-day period following any election, the clerks who receive the financial

disclosure statements of candidates may destroy or dispose of those statements filed by

candidates who were unsuccessful in the election.

 (c) No candidate for public office may maintain his or her place on a ballot and no public

official may take the oath of office or enter or continue upon his or her duties or receive

compensation from public funds unless he or she has filed a financial disclosure statement with

the state Ethics Commission as required by the provisions of this section.

 (d) The Ethics Commission may, upon request of any person required to file a financial

disclosure statement, and for good cause shown, extend the deadline for filing such statement for
a reasonable period of time: Provided, That no extension of time shall be granted to a candidate

who has not filed a financial disclosure statement for the preceding filing period.

 (e) No person shall fail to file a statement required by this section.

 (f) No person shall knowingly file a materially false statement that is required to be filed under

this section.

 (g) The Ethics Commission shall publish either on the internet or by printed document made

available to the public, a list of all persons who have violated any ethics commission's financial

disclosure statement filing deadline.

 (h) The Ethics Commission shall, in addition to making all financial disclosure statements

available for inspection upon request:

(1) Publish on the internet all financial disclosure statements filed by members of the legislature

and candidates for legislative office, elected members of the executive department and

candidates for the offices that constitute the executive department, and members of the Supreme

Court of Appeals and candidates for the Supreme Court of Appeals, commencing with those

reports filed on or after January 1, 2012; and 

(2) Publish on the internet all financial disclosure statements filed by any other person required

to file such financial disclosure statements, as the commission determines resources are available

to permit the Ethics Commission to make such publication on the internet. The commission shall

redact financial disclosure statements published on the internet to exclude from publication

personal information such as signatures, home addresses and mobile and home telephone

numbers.

§6B-2-7. Financial disclosure statement; contents.

 (a) The financial disclosure statement required under this article shall contain the following

information:

 (1) The name, residential and business addresses of the person filing the statement and of his

or her spouse and all names under which the person or the person's spouse, or both, do business.

For purposes of this section, the word "spouse" means any individual who is legally married to

and cohabits with the person filing the statement. 

 (2) For each position of employment held by the person filing the statements and the person's

spouse:

 (A) The name of the employer;

 (B) The address of the employer;
 (C) The job title; and

 (D) A general description of job duties.

 (3) The name and address of each business in which the person filing the statement or that

person's spouse has or had in the last year an interest of at least $10,000 at fair market value.

 (A) For the purposes of this subsection, business interests include, but are not limited to, an

interest in:

 (i) Non-publicly owned businesses;

 (ii) Publicly or privately traded stocks, bonds or securities, including those held in

self-directed retirement accounts; and

 (iii) Commercial real estate.

 (B) For the purposes of this subsection, business interests do not include mutual funds,

specific holdings in mutual funds or retirement accounts.

 (4) The name, address, and brief description of a nonprofit organization in which the

individual or spouse is a director or officer.

 (5) The identification, by category, of every source of income over $1,000, including

distributions from retirement accounts received during the preceding calendar year, in his or her

own name or by any other person for his or her use or benefit, by the person filing the statement,

or that person's spouse, and a brief description of the nature of the income producing activities

for which the income was received. This subdivision does not require a person filing the

statement who derives income from a business, profession or occupation, or who's spouse

derives income from a business, profession or occupation, to disclose the individual sources and

items of income that constitute the gross income of that business, profession or occupation. 

 (6) If the person filing the statement, or that person's spouse, profited or benefitted in the year

before the date of filing from a contract for the sale of goods or services to a state, county,

municipal or other local governmental agency either directly or through a partnership,

corporation or association in which the person, or that person's spouse, owned or controlled more

than ten percent, the person shall describe the nature of the goods or services and identify the

governmental agencies which purchased the goods or services.

 (7) Each interest group or category listed below doing business in this state with which the

person filing the statement, did business or furnished services and from which the person filing

the statement, or that person's spouse, received more than twenty percent of his or her gross

income during the preceding calendar year. The groups or categories are electric utilities, gas

utilities, telephone utilities, water utilities, cable television companies, interstate transportation

companies, intrastate transportation companies, oil or gas retail, wholesale, exploration,

production or drilling companies, banks, savings and loan associations, loan or finance
companies, manufacturing companies, surface mining companies, deep mining companies,

mining equipment companies, chemical companies, insurance companies, retail companies, beer,

wine or liquor companies or distributors, recreation related companies, timbering companies,

hospitals or other health care providers, trade associations, professional associations,

associations of public employees or public officials, counties, cities or towns, labor

organizations, waste disposal companies, wholesale companies, groups or associations

promoting gaming or lotteries, advertising companies, media companies, race tracks,

promotional companies, lobbying, economic development entities, state government,

construction, information technology and legal service providers.

 (8) The names of all persons, excluding that person's immediate family, parents or

grandparents residing or transacting business in the state to whom the person filing the

statement, owes, on the date of execution of this statement in the aggregate in his or her own

name or in the name of any other person more than $5,000: Provided, That nothing herein

requires the disclosure of a mortgage on the person's primary and secondary residences or of

automobile loans on automobiles maintained for the use of the person's immediate family, or of a

student loan, nor does this section require the disclosure of debts which result from the ordinary

conduct of the person's business, profession or occupation or of debts of the person filing the

statement to any financial institution, credit card company or business, in which the person has

an ownership interest: Provided, however, That the previous proviso does not exclude from

disclosure loans obtained pursuant to the linked deposit program provided in article one-a,

chapter twelve of this code or any other loan or debt incurred which requires approval of the

state or any of its political subdivisions.

 (9) The names of all persons except immediate family members, parents and grandparents

residing or transacting business in the state (other than a demand or savings account in a bank,

savings and loan association, credit union or building and loan association or other similar

depository) who owes on the date of execution of this statement more than, in the aggregate,

$5,000 to the person filing the statement, either in his or her own name or to any other person for

his or her use or benefit. This subdivision does not require the disclosure of debts owed to the

person filing the statement which debts result from the ordinary conduct of the person's business,

profession or occupation or of loans made by the person filing the statement to any business in

which the person has an ownership interest.

 (10) The source of each gift, including those described in subdivision (2), subsection (c),

section five of this article, having a value of over $100, received from a person having a direct

and immediate interest in a governmental activity over which the person filing the statement has

control, shall be reported by the person filing the statement when the gift is given to that person

in his or her name or for his or her use or benefit during the preceding calendar year: Provided,

That any person filing a statement required to be filed pursuant to this section is not required to

report those gifts described in subdivision (2), subsection (c), section five of this article that are

otherwise required to be reported by a registered lobbyist under section four, article three of this

chapter: Provided, however, That gifts received by will or by virtue of the laws of descent and

distribution, or received from one's spouse, child, grandchild, parents or grandparents, or

received by way of distribution from an inter vivos or testamentary trust established by the

spouse or child, grandchild or by an ancestor of the person filing the statement are not required
to be reported. As used in this subdivision, any series or plurality of gifts which exceeds in the

aggregate the sum of $100 from the same source or donor, either directly or indirectly, and in the

same calendar year are regarded as a single gift in excess of that aggregate amount.

 (11) The name of each for-profit business of which the person filing the statement, or that

person's spouse, serves as a member of the board of directors or an officer, as well as a general

description of the type of business.

 (12) The name and business address of any child or step-child who is eighteen years or older

and employed by state, county or municipal government.

 (13) The signature of the person filing the statement.

 (b) Notwithstanding the provisions of subsection (a) of this section, any person serving on a

board, commission or agency for which no compensation, other than expense reimbursement, is

statutorily authorized, is not required to disclose the financial information relating to his or her

spouse as required by subdivisions three or five of subsection (a) of this section if:

 (1) His or her spouse, or a business with which he or she is associated, are not regulated by,

do not have a contract with, or do not receive any grants or appropriations from, the board, the

commission or agency on which the person filing the statement serves. A business with which a

filer's spouse is associated means a business in which the person or an immediate family member

is a director, officer, owner, employee, compensated agent, or holder of stock which constitutes

five percent or more of the total outstanding stocks of any class; and

 (2) The filer executes a signed statement on a form provided by the commission verifying

these facts.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
FINAL WEST VIRGINIA STATE IMPLEMENTATION PLAN REVISION

FOR CLEAN AIR ACT §§110(a)(2)(E)(ii) AND 128 REQUIREMENTS

RESPONSE TO COMMENTS

On August 15, 2014, the Division of Air Quality (DAQ) commenced a thirty day public

comment period and subsequently held a public hearing on September 15, 2014 to accept oral and

written comments on a proposed West Virginia State Implementation Plan revision for Clean Air

Act §§110(a)(2)(E)(ii) and 128 requirements. This proposed SIP revision demonstrates West

Virginia's mechanism to comply with this Clean Air Act “infrastructure" element. DEP is seeking

comments on whether the document adequately demonstrates West Virginia’s compliance with the

pertinent federal Clean Air Act mandates related to this State Implementation Plan infrastructure

element.

Written comments were accepted through 6:00 PM on Monday, September 15, 2014. No one

provided verbal comment at the public hearing concerning the proposed implementation plan

revision, and no commenter submitted written comments.






NOTICE OF PUBLIC COMMENT PERIOD

 The West Virginia Department of Environmental Protection (DEP) is announcing an 

opportunity for public comment on a proposed West Virginia State Implementation Plan revision 

for Clean Air Act §§110(a)(2)(E)(ii) and 128 Requirements. The State Implementation Plan 

(SIP) is the plan developed by West Virginia in order to fulfill certain responsibilities under the 

Clean Air Act. A public hearing will take place beginning at 6 p.m. on September 15, 2014 in 

the Dolly Sods Conference Room at the DEP headquarters. The public comment period will 

begin on August 15, 2014 and end at the conclusion of the public hearing on September 15, 

2014. 

 This proposed SIP revision demonstrates West Virginia's mechanism to comply with this 

Clean Air Act “infrastructure" element. DEP is seeking comments on whether the document 

adequately demonstrates West Virginia’s compliance with the pertinent federal Clean Air Act 

mandates related to this State Implementation Plan infrastructure element. 

 Upon completion of the public notice period, and after addressing any written or verbal 

comments, the DEP will submit the final documentation to the U.S. Environmental Protection 

Agency as a revision to the SIP. 

 Copies of the proposed CAA §§110(a)(2)(E)(ii) and 128 SIP revision may be viewed 

between 8:30 a.m. and 4:30 p.m. at the DEP Division of Air Quality, 601 57th SE, Charleston, 

WV 25304, beginning August 15, 2014, or electronically upon e-mail request to: 

Tammy.L.Mowrer@wv.gov. The proposal may also be accessed via the following web address: 

http://www.dep.wv.gov/daq/publicnoticeandcomment/Pages/default.aspx. 

 Send written comments to be included in the formal record to William F. Durham, 

Director, Division of Air Quality at the above address. Please identify the document to which the 

comments apply, the commenter’s name, address, and telephone number. Comments will also be 

accepted by e-mail if received by 5:00 p.m. on September 15, 2014 to: 

Tammy.L.Mowrer@wv.gov. Comments submitted by U.S. Mail must be postmarked by 

September 15, 2014.