west virginiadepartment of environmentalprotectionFinal State Implementation Plan RevisionSection 110(a)(2)(A)-(M) RequirementsFor Ozone and Fine ParticulatesMay 22, 2008West Virginia Division of Air Quality601 57thStreet, SECharleston, W.Va. 25304Promoting a healthy environmentThis page intentionally left blank.1West Virginia State Implementation Plan RevisionSection 110(a)(2)(A)-(M) Requirementsfor Ozone and Fine ParticulatesA State Implementation Plan (SIP) is a plan for each state thatidentifies how that state will attain and/or maintain the primary andsecondary National Ambient Air Quality Standards (NAAQS). The SIP is a complex, fluid documentcontaining regulations, sourcespecific requirements, non-regulatory items such as plans and inventories, and in some cases additional requirements promulgated bythe U.S. Environmental Protection Agency(EPA). The initial SIPs for states wereapproved by EPA on May 31, 1972. SIPs can berevised by the state with EPA approval as necessary. The federally enforceable SIP forWest Virginia is compiled in 40 CFR Part52,Subpart XX.This SIP revision addresses those requirements of Section 110(a)(2)(A)-(M)of the Clean Air Act (CAA)that have not been addressedin other SIP revisions. It is a compilationof certain elements that demonstrate howthe eight-hour ozone and fine particulate(PM2.5)NAAQS are being implemented, maintained andenforced in West Virginia. The elementsof this SIP revision, once approved by EPA,will provide a federally enforceable written confirmation of how West Virginia will continue to comply with the Section 110(a)(2)requirements of the CAA.Legislative authority for the West Virginiaair quality program relating to the responsibilities in the Clean Air Act is codified in theWest Virginia Air Pollution Control Act,W.Va. Code §22-5, more specifically §22-5-1,which gives West Virginia the primaryresponsibility for assuring airquality pursuant to the CAA.Those requirements of Section 110(a)(2)(A)-(M) that are alreadyin the approved SIP or recently submitted SIP revisions relateto:enforceable emission limits, enforcement, monitoring, and emissions reporting; recordkeeping and reporting requirements, PSD,visibility and permit fees. This SIP revision may reinforce some of these previously approved elements.Some requirements, such as those for intergovernmental consultation, air quality modeling and compliance with part D of the CAA,are fulfilled during the development and submission to EPA, asa SIP revision, of attainment plans and related requirements dueunderSubpart 1 and, in the case of ozone, Subpart 2 of the CAA.West Virginia intends to submit a PM2.5attainment demonstration for some of West Virginia’s PM2.5non-attainment areas in July2008. The remainder is expected by the end of 2008.In the case of ozone, West Virginia submitted redesignation requests and maintenance plan SIP revisions for the following ozonenonattainment areas in the state:28-Hr Ozone Redesignation Requests & Maintenance PlansSummary of Important Actions and DatesAreaSIPSubmittalDateCompletenessLetterEPA FR ProposedEPA FR FinalEffective DateCharleston11/30/2005 2/22/200671 FR 26299, 04 MAY 200671 FR 39001, 11 JUL 2006 8/10/2006Huntington5/17/2006 6/8/200671 FR 39618, 13 JUL 200671 FR 54421, 15 SEP 2006 10/16/2006Wheeling7/24/2006 8/10/2006 71 FR 57894, 02 OCT2006 72 FR 27247, 15 MAY 2007 6/14/2007Weirton8/3/2006 8/16/2006 71 FR 57905, 02 OCT2006 72 FR 27060, 14 MAY 2007 6/13/2007Parkersburg9/8/2006 10/2/200672 FR 1474, 12 JAN 200772 FR 25967, 08 MAY 2007 6/7/2007Greenbrier11/29/2006 4/26/200772 FR 62809, 07 NOV 2007 73 FR 1282, 08 JAN 20082/07/2008CharlestonUpdate1/8/2007 5/15/200773 FR 2209, 14 JAN 200873 FR 2156, 14 JAN 20083/14/20083Section110(a) elementEach implementation plansubmitted by a State under thisAct shall:West Virginia Implementation§110(a)(2)(B)provide for establishment andoperation of appropriate devices,methods, systems, andprocedures necessary tomonitor, compile, and analyzedata on ambient air quality, andupon request, make such dataavailable to the Administrator;Establishment of Monitoring System:Pursuant to West Virginia Code, §22-1-1(a)(1),“protecting the environment is fundamental to the health and welfare of individualcitizens,” and, the state “has a duty to provide and maintain a healthful environment forour citizens.” Under §22-1-1(a)(2), “the state has the primary responsibility forprotecting the environment.” §22-1-1(b) “declares that the establishment of adepartment of environmental protection is in the public interest” and that “It is the policyof the state .....to use all practical means and measures to prevent or eliminate harm tothe environment and biosphere, to create and maintain conditions under which man andnature can exist in productive harmony, .....”Additionally, §22-5-1 declares the state’s public policy “to fulfill its primary responsibilityfor assuring air quality pursuant to the‘Federal Clean Air Act’, as amended.”As set forth in §22-1-1(b)(5), the WVDEP, “insofar as federal environmental programsrequire state participation” must “endeavorto obtain and continue state primacy in theadministration of such federally-mandated programs,.....and to cooperate withappropriate federal agencies tomeet environmental goals.”Under §22-1-6(a), the WVDEP Cabinet Secretary “is the chief officer of the department”with the powers, duties 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) & (3) “to developways and means for the regulation and control of pollution of the air of the state” and“conduct such studies and research relating to air pollution and its control andabatement”.Therefore, under manifold statute authority, West Virginia operates and maintains anestablished network of ambient air monitors in West Virginia for the purpose ofassessing compliance with the National Ambient Air Quality Standards, which Congressprovided for in the CAA, and such standards promulgated by EPA to protect the healthand welfare of individual citizens.West Virginia has committed within the 103 grant document to various PM2.5monitoringand reporting requirements. Additionally, the state has committed within the 105 grantdocument to monitoring and reporting data for SO2, CO, O3, PM10, and PM2.5.4§110(a)(2)(B)(continued)Monitoring System Operation:To assess NAAQS compliance, DAQ operates anetwork of monitors in West Virginiathat have been designated by EPA as eitherReference or Equivalent monitors. All ambient air monitors are subjected to the QualityAssurance requirements of 40 CFR Part 58,Appendix A. Additionally all monitors havemet the minimum siting requirements of Part 58, Appendix E.Availability of Data:In order to keep EPA informed of planned changes to themonitoring network, WVDEP provides EPA Region III with adequate prior notification.Details of these changes and anticipatedapprovals of the changes are communicatedto EPA. On an annual basis, WVDEP submits to EPA a network design plan requiredunder 40 CFR §58.10, of any changes to the network. This plan also provides for adescription of each change, the reason foreach change, and any other informationrelevant to the change.As provided in West Virginia Code, §§22-5-4(a)(2) and 22-5-10,WVDEP collects andreports to EPA ambient air quality data for SO2, CO, O3, PM10, and PM2.5. The reportscomply with the federal requirements of40 CFR §58.16. The data is reviewed, edited,validated, and entered into the EPA air quality system (AQS) for updating pursuant toprescribed AQS procedures. The EPA AQS receives each report within 90 days afterthe end of the quarterly reporting period. Datais certified annually as required under 40CFR §58.15.WVDEP analyzes such air quality data to determine attainment status or progress, asdemonstrated by the 8-hour ozone redesignation and maintenance plan requestssubmitted and/or approved during calendar years 2006, 2007 and first quarter of 2008.5Section110(a) elementEach implementation plansubmitted by a State under thisAct shall:West Virginia Implementation§110(a)(2)(E)(i)provide(i) necessary assurances that thestate (or, except where theAdministrator deemsinappropriate, the generalpurpose local government orgovernments, or a regionalagency designated by the stateor general purpose localgovernments for such purpose)will have adequate personnel,funding, and authority understate (and, as appropriate, local)law to carry out suchimplementation plan (and is notprohibited by any provision offederal or state law from carryingout such implementation plan orportion thereof);Legal Authority:The West Virginia Air Pollution Control Act (APCA), W.Va. Code §22-5-1,declares the state's policy "to fulfill its primary responsibility for assuring air quality"pursuant to the CAA. The WVDEP CabinetSecretary is authorized under W.Va. Code§§22-1-6(c)(1) and 22-5-4(a)(12) to carry outand represent the state in any and allmatters pertaining to the implementation plan. The Secretary is also authorized underW.Va. Code §22-5-4(a)(16) to do all things necessary and convenient to prepare andsubmit a plan. The Secretary is not prohibited by any provision offederal or state lawfrom carrying out the implementation plan or portion thereof.The Secretary has the authority under W.Va. Code §§22-1-3(a), 22-5-4(a)(4) and 22-5-4(a)(17) to promulgate rules in accordance with the Administrative Procedures Act(W.Va. Code §§ 29A3-1 et seq.) Approximatelyforty rules revised under the auspices ofthe APCA are currently in effect and codifiedat Title 45 of the Code of State Rules,including the ambient air quality standards for criteria pollutants contained in 45CSR8.Statutory permitting requirements are set forth in W.Va. Code §§22-5-11 & 12. WestVirginia has an EPA-approved air permitting program for both majorand minor facilities,under state rules 45CSR13, 45CSR14, 45CSR19 and 45CSR30 (as applicable).Personnel:WVDEP has adequate personnel to carry out the implementation plan withrespect to 8-hour ozone and PM2.5NAAQS requirements. The Secretary employsadequate personnel and retains specialists under W.Va. Code §22-5-4(a)(8) that are"necessary, incident or convenient" to accomplish the statutory mandate to carry out theimplementation plan.Funding:The APCA provides adequate funding under W.Va. Code §§22-1-10(a) and2-5-4(a)(17) to carry out the implementation plan. W.Va. Code §22-5-12 sets forth thestatutory operating permit requirements for stationary sources under Title V of the CAA.45CSR30 establishes fees sufficient to cover the direct and indirect costs ofadministering the air pollution control planning process, Title V operating permitprogram, and support the air pollution control program authorized by statute. The APCAalso authorizes the establishment of feesto cover non-Title V permitting costs under45CSR22. The air quality program also receives revenue from fines and penalties (AirPollution Control Fund) and federal funds under Section 105 and 103 of the CAA,special federal funds for PM2.5, and state general appropriations.6Section110(a) elementEach implementation plansubmitted by a State under thisAct shall:West Virginia Implementation§110(a)(2)(F)require, as may be prescribed bythe Administrator—(i) the installation,maintenance, and replacement ofequipment, and theimplementation of othernecessary steps by owners oroperators of stationary sources tomonitor emissions from suchsources,(ii) periodic reports on thenature and amounts of emissionsand emissions-related data fromsuch sources, and(iii) correlation of such reportsby the state agency with anyemission limitations or standardsestablished pursuant to this Act,which reports shall be availableat reasonable times for publicinspection;Monitoring:W.Va. Code §22-5-4(a)(15) authorizes the Secretary to require theinstallation, maintenance and replacement of equipment, and the implementation ofother necessary steps by owners or operators of stationary sources to monitoremissions from such sources as the Secretary may prescribe. Under this authority,West Virginia requires the installation,maintenance, and replacement of monitoringequipment at stationary sources throughpermits issued under 45CSR13, 45CSR14,45CSR19, 45CSR30, and via compliance orders. The state’s NOx SIP Call (45CSR1 &45CSR26) and CAIR rules (45CSR39, 45CSR40 & 45CSR41) also require theinstallation, maintenance, and replacement of monitoring equipment.Reporting:W.Va. Code §§22-5-4(a)(15) authorizes the Secretary to require periodicreports on the nature and amounts of emissions and emissions-related data fromowners or operators of stationary sources(monitoring data). Pursuant to W.Va. Code§§22-5-4(a)(14), the Secretary is authorized to require such information as theSecretary may require in a form or manner prescribed by the Secretary (emissionsinventory program). Under this authority, West Virginia requires periodic reports on thenature and amounts of emissions and emissions-related data from stationary sourcesthrough permits issued under 45CSR13,45CSR14, 45CSR19, 45CSR30, and viacompliance orders The state’s NOx SIP Call (45CSR1 & 45CSR26) and CAIR rules(45CSR39, 45CSR40 & 45CSR41) also requireperiodic reporting of emissions data.Correlation of Reports:W.Va. Code §22-1-6(d)(3) authorizes the Secretary to“investigate for violations of statutes orrules which the department is charged withenforcing.” §22-5-4(a)(3) authorizes the Secretary to correlate periodic emissionsreports with any emission limitations orstandards established pursuant to 45CSR13,45CSR14, 45CSR19, 45CSR30 or the CAA. Asset forth in W.Va. Code §22-5-10, theSecretary makes available at reasonabletimes for public inspection the periodicemissions reported under §§22-5-4(a)(14) & (15). The Secretary has the responsibilityof making all records, reports or information obtained by the Department or referred toat public hearings under the provisions ofthe APCA available to the public, except tothe extent the records, reports or information are protected by confidentiality pursuant to45CSR31. The types of records DEP routinelyprovides access to include notifications,inspection reports, notices of violation, enforcement orders, applications, permit reviewletters, sample results, monitoring reports,permits, approvals and denials that wouldrelate to §110(a)(2)(F). WVDEP generally makes information available for public accessthrough its website, but also makes hardcopy reports available upon written request.7Section110(a) elementEach implementation plansubmitted by a State under thisAct shall:West Virginia Implementation§110(a)(2)(G)provide for authority comparableto that in section 303 andadequate contingency plans toimplement such authority;Comparable Authority:W.Va. Code §22-5-5 authorizes the Secretary to issue anorder to cease and desist any activity thatviolates the APCA. The Secretary may alsosuspend, modify or revoke a source’s permit. Under §22-5-6, the Secretary may alsoinstitute lawsuits for civil penalties.§22-5-7 authorizes the Secretary to seekapplications for injunctive relief. §22-5-8 authorizes the Secretary, with the writtenauthorization of the governor, to shut downa source, thereby preventing the emission ofair pollutants which substantially contributes to an emergency that requires immediateaction to protect public health. As provided in West Virginia Code, §§22-5-4(a)(2) and22-5-10, the Secretary may consult with EPAto affirm accuracy of any informationconsidered while executing authority under §§22-5-5, -6, -7 or -8.Contingency Plans:At this time, EPA has not promulgated standardsfor significantharm levels. EPA also has not promulgated standards for emergency episode plans.§110(a)(2)(H)provide for revision of such plan-(i) from time to time as may benecessary to take account ofrevisions of such national primaryor secondary ambient air qualitystandard or the availability ofimproved or more expeditiousmethods of attaining suchstandard, and(ii) except as provided inparagraph (3)(C), whenever theAdministrator finds on the basisof information available to theAdministrator that the plan issubstantially inadequate to attainthe national ambient air qualitystandard which it implements, orto otherwise comply with anyadditional requirementsestablished under this Act;Revision of NAAQS:W.Va. Code §22-5-4(a)(16) authorizes the Secretary to do allthings necessary and convenient to prepare and submit a plan. WVDEP has historicallyrevised, and will continue to revise its NAAQS rules as necessary to take account ofrevisions of the national primary or secondary ambient air quality standards or improvedor more expeditious methods of attaining the standards.Inadequate Plan:When, if ever, EPA finds the SIP issubstantially inadequate to attainthe NAAQS which it implements or otherwise tocomply with the CAA, West Virginia willrevise the plan as necessary for adequacy.8Section110(a) elementEach implementation plansubmitted by a State under thisAct shall:West Virginia Implementation§110(a)(2)(I)In the case of a plan or planrevision for an area designatedas a nonattainment area, meetthe applicable requirements ofpart D (relating to nonattainmentareas);Non-Attainment Area SIPs:The Secretary is also authorized under W.Va. Code §22-5-4(a)(16) to do all things necessary and convenient to prepare and submit a plan underthe CAA. In the case of a implementation plan or plan revision for an area designated asa non-attainment area, the Secretary shallensure that the implementation plan or planrevision meets the applicable requirements Subchapter I, Part D of the CAA.§110(a)(2)(J)meet the applicable requirementsof section 121 (relating toconsultation) and section 127(relating to public notification)Consultation:The APCA provides adequate authority under W.Va. Code §22-5-4(a)(2)for West Virginia’s practices of consultation with local governments, organizations andLand Managers with respect to SIP development. WVDEP also consults with suchentities regarding implementation plans for air quality maintenance requirements,preconstruction review of direct sources,nonattainment requirements, and prevention ofsignificant deterioration. As an example, WVDEP consulted with federal Land Managerson the development of West Virginia’s Regional Haze SIP revision, and provided anadditional 30-day review and comment period beyond the general public review period.Notification:W.Va. Code §22-1-12 provides authority for the public notification ofNAAQS violations and education efforts asrequired by CAA Section 127. Each year,WVDEP issues a comprehensiveAir Quality Annual Report, which compares monitoredair quality data with the NAAQS, and tracks theAir Quality Index. The Report containsemissions information and air quality highlights from the previous year, and providespublic awareness of criteria pollutants andtheir effects on health; educational websitelinks to tips that improve air quality, links totechnical websites and outreach efforts.West Virginia has also implemented an anti-idling program to reduce pollutants fromschool buses and vehicles at public schools.9Section110(a) elementEach implementation plansubmitted by a State under thisAct shall:West Virginia Implementation§110(a)(2)(K)provide for:(i) the performance of such airquality modeling as theAdministrator may prescribe forthe purpose of predicting theeffect on ambient air quality of anyemissions of any air pollutant forwhich the Administrator hasestablished a national ambient airquality standard, and(ii) the submission, upon request,of data related to such air qualitymodeling to the Administrator;Air Quality Modeling:West Virginia Code, §§22-5-4(a)(1) & (3), authorizes theSecretary to “develop ways and means for theregulation and control of pollution of theair of the state” and “conduct such studies and research relating to air pollution and itscontrol and abatement”. Inherent in West Virginia's authority to meet the NAAQS and toconduct studies and research is the obligation for WVDEP to perform modeling asrequired under the CAA to demonstrate attainment of the NAAQS, as prescribed by theAdministrator. WVDEP participates in regional planning organizations such as theAssociation for Southeastern Integrated Planning (ASIP), which performs NAAQSmodeling for member states. West Virginia will continue to perform modeling, asrequired under the CAA to demonstrate attainment of the NAAQS.Submission of Data:W.Va. Code §§22-5-4(a)(2), 22-5-10 and 22-5-4(a)(16)authorizes the Secretary to submit, upon request by the Administrator, modeling datapredicting the effect on ambient air quality ofany emissions of any air pollutant for whichthe Administrator has established a nationalambient air quality standard. West Virginiawill continue to submit the air quality modeling data as part of its relevant SIPsubmissions and through Federal grant commitments or in other ways that EPA mayrequest.§110(a)(2)(M)provide for consultation andparticipation by local politicalsubdivisions affected by the plan;Consultation:W.Va. Code §22-5-4(a)(2), authorizes the Secretary to advise, consultand cooperate with local political subdivisionsaffected by the implementation plan. WestVirginia consults with local governments, organizations and Land Managers with respectto SIP development. WVDEP also consults with such entities regarding implementationplans for air quality maintenance requirements,preconstruction reviewof direct sources,nonattainment requirements, and prevention of significant deterioration.