dep

west virginia department of environmental protection

Executive Office

601 57

th Street SE

Charleston, WV 25304

Earl Ray Tomblin, Governor

Randy C. Huffman, Cabinet Secretary

dep.wv.gov

December 12, 2012

Mr. Shawn M. Garvin

Regional Administrator

U.S. EPA, Region III (3RAOO)

1650 Arch Street

Philadelphia, PA 19103-2029

Re: Revision to the West Virginia State Implementation Plan Pursuant to CleanAir Act

Section 110(a)(2)(A)-(M) Requirementsfor the 2010 l-hour N02 NAAQS - Request

For Approval

Dear Administrator Garvin:

On behalf of the State of West Virginia, I am herein submitting a revision to the State

Implementation Plan (SIP) to satisfy state obligations under the Clean Air Act Section

110(a)(2)(A)-(M) requirements for the 2010 I-hour nitrogen dioxide National Ambient Air

Quality Standards (NAAQS). In this revision to the SIP, West Virginia is demonstrating that it

has adequate resources and authority to implement the 2010 l-hour nitrogen dioxide NAAQS.

The SIP revision includes appropriate documentation which demonstrates that state and federal

administrative procedural requirements have been fulfilled, including public participation. The

public comment period ended on December 3, 2012. Included with this submittal is an

electronic copy on compact disk in searchable PDF format. We certify that the enclosed

electronic copy contains an exact duplicate of information contained in the hardcopy submission.

If you have any questions regarding this submittal or require additional information, please

contact John A. Benedict, Director ofthe Division of Air Quality at (304) 926-0462.

Sincerely,

Randy C. Huffman

Cabinet Secretary

RCHljlm

Enclosure

cc: Diana Esher (3APOO)

John A. Benedict, Director, WVDEP

Promoting a healthy environment.
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 Nitrogen Dioxide 

December 12, 2012 

West Virginia Division of Air Quality 

601 57th Street, SE 

Charleston, W.Va. 25304 

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

Clean Air Act Section 110(a)(2)(A)-(M) Requirements for Nitrogen Dioxid

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, Suto the SIP, West Virginia is demonstrating that it has adequate resources and authority to implement the 2010 1-hour NAAQS. The 2010 1-hour NO2 NAAQS are incorporated by reference in West Virginia legislative Rule 45CSR8. This SIP revision addresses requirements of Section 110(a)(2)(A)-(M) of the Clean Air Act (CAA) many of which h

other SIP revisions. It is a compilation of elements that demonstrate how the 2010 1-hour NO2 NAAQS is being imp

enforced in West Virginia. The elements of this SIP revision, once approved by EPA, will provide a federally enforc

West Virginia will continue to comply with the Section 110(a)(2) requirements of the CAA. In 1961, the State Legislature passed the Air Pollution Control Law of West Virginia, making West Virginia the sixtstatewide 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 implement state and federal requirements for fifty years as most recently approved revision to the West Virginia hospital/medical/infectious waste incinerator (HMIWI) Section 111(d)/129 pWest Virginia’s Regional Haze SIP revision, and approval of revisions to West Virginia’s Prevention of Significant Quality SIP. Legislative authority for the West Virginia air quality program relating to the responsibilities in the Clethe West Virginia Air Pollution Control Act (APCA), W.Va. Code §22-5, more specifically §22-5-1, which gives W

responsibility for assuring air quality pursuant to the CAA. Many elements of Section 110(a)(2)(A)-(M) already exis

recently submitted SIP revisions for other NAAQS. This SIP revision may reiterate and/or reinforce some of these prand/or approved elements. Some requirements, such as those for intergovernmental consultation, air quality modelinPart D of the CAA, are fulfilled during the development and submission to EPA, as a SIP revision, of attainment plarequirements under Subpart 1 and Subpart 5 of the CAA. On February 17, 2012, EPA rule established air quality dethe United States for the 2010 1-hour NO2 NAAQS. In the final rule at 77FR9584, EPA designated the entire state o

unclassifiable/attainment for the 2010 1-hour NO2 NAAQS. 
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 Measurehas 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 implemented under thAPCA are currently in effect and codified at Title 45 of the West VirgRules, including the ambient air quality standards for criteria polluta2010 1-hour NO2 NAAQS) contained in legislative rule 45CSR8. Enf

limitations and other control measures for NO2 may be found in t

Rules as necessary or appropriate to meet the applicable requiremen45CSR11 - The purpose of this West Virginia SIP approved rule (provide a mechanism to prevent the buildup of air pollutant concperiods of adverse meteorological conditions in which air pollutants thereby preventing the occurrence of an emergency due to the pollutants on health. To achieve this purpose, three stages of concentration levels) have been established and specific emission rebe developed which will be initiated at each criteria stage to deterioration of the air supply to any air quality region or substanti45CSR11 contains episode criteria, methods of measurement, prestrategies and emission reduction plan requirements for sources of 

West Virginia. 45CSR13 - The purpose of this West Virginia SIP approved rule (72forth the procedures for stationary source reporting, and the criterpermit to construct and operate a new stationary source which stationary source, to modify a non-major stationary source, to mwhich are not major modifications to an existing major stationary snon-major stationary sources within the state of West Virginia. NO

pollutant’” as defined under 45CSR13-2.20.b. An emissions increase per hour and ten (10) tons per year or more, or more than 144 pouday of NO2 triggers a modification under 45CSR13. 

45CSR14 - The purpose of this West Virginia SIP approved rule (satisfy the prevention of significant deterioration permit program reqC of the CAA. 45CSR14 contains a significant impact level for NO

annual averaging times and a de minimis air quality impact concent

over an annual averaging time. 45CSR14 also contains a mapollutant concentration increase over baseline concentration for NO2 
§110(a)(2)(A) (continued) 

μg/m3 for annual arithmetic mean averaging time in Class I, Clas

areas, respectively, and a maximum allowable pollutant concentratminor source baseline concentration for NO2 of 25 μg/m3 for annua

averaging time. A PSD source in an attainment area may have 

limitation in a permit under 45CSR14 based upon a BACT analysis iCAA Sections 165(a)(3) and (4). 45CSR16 - The purpose of this rule is to incorporate the fedPerformance Standards under Part A of the Clean Air Act and 40 CVirginia received NSPS program delegation for Part 60 NSPS 45CSR16 on December 14, 1984 at FR48692. West Virginia has rdelegation of authority to enforce part 60 NSPS in accordance w03/19/01, and 01/08/02 as well as EPA’s Notice at 67FR15486. Allimitations or standards of performance for NO2 promulgated unde

are incorporated by reference under 45CSR16, except any limitatio

may be included in Subparts B, C, Ca, Cb, Cc, Cd, Ce, Ea, Eb, EBBBB, CCCC, DDDD, EEEE, FFFF, LLLL and MMMM. 45CSR18 - The purpose of this rule is to adopt standards of establish emission guidelines and compliance times pursuant to Se129 of the federal Clean Air Act for solid waste combustion sources EPA recently approved West Virginia’s Section 111(d)hospital/medical/infectious waste incinerators at 77FR3389. Section waste combustion sources in West Virginia are subject to any 

standard of performance or emission guideline promulgated unSubparts Eb, AAAA, Ec, Ce, CCCC, DDDD, EEEE and LLLL. 45CSR19 - The purpose of this West Virginia SIP approved rule (satisfy the nonattainment area new source review permit program Part D of the CAA. 45CSR19 contains a significance level for NO

impact level (ambient air concentration increase) of 1.0 μg/m3 for times. West Virginia has no designated NO2 non-attainment areas. 

45CSR30 - This West Virginia rule establishes a permitting program V of the CAA. Any major stationary source subject to enforceab

limitations or control measures pursuant to 45CSR11, 45CS45CSR16, 45CSR18 or 45CSR19 will be contained in a permit Virginia under its established Title V permit program. The effectivapproval of West Virginia’s Title V Program and 45CSR30 was 12approved the West Virginia Title V program via direct final rule publ(66FR50325). EPA approved revisions to 45CSR30 contained in DAvia a separate DFR published on 10/09/01 (66FR51318). These federally effective 11/23/01. West Virginia submitted a revision Operating Permit Program to EPA Region III on June 6, 2012. 
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 anabatement”. 

§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 Virg1(a)(1), “protecting the environment is fundamental to the healindividual citizens,” and, the state “has a duty to provide and menvironment for our citizens.” Under §22-1-1(a)(2), “the state responsibility for protecting the environment.” §22-1-1(b) “destablishment of a department of environmental protection is in the that “It is the policy of the state .....to use all practical means and m

or eliminate harm to the environment and biosphere, to create and munder which man and nature can exist in productive harmony, .....” Additionally, §22-5-1 declares the state’s public policy “to fulfill its pr

for 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 enviro

require 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 WVDEP Cabinet Secretary “is the chdepartment” with the powers, duties and authority pursuant to §§22-5

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”. 

Monitoring System Operation: On February 17, 2012, EPA prom

designations for the 2010 1-hour NO2 NAAQS. In this final rule at 77

state of West Virginia is designated unclassifiable/attainment for the 

NAAQS. Because West Virginia has no NO2 nonattainment areas an

thresholds of the criteria to establish NO2 monitoring, no monitoring 

necessary. 
§110(a)(2)(B) (continued) 

Availability of Data: In order to keep EPA informed of planned cha

sites, WVDEP provides EPA Region III with adequate prior notificatio

changes and anticipated approvals of the changes are communicaannual basis, WVDEP 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 chaninformation relevant to the change. West Virginia’s 2011 Annual Air Network Design Plan was submitted to EPA on June 22, 2011, approved by EPA via letter received by West Virginia on December 27, 2012, West Virginia submitted a 2012 Annual Air Quality MDesign Plan to EPA. As provided in West Virginia Code, §§22-5-4(a)(2), 22-5-10 and §

CAA, WVDEP will collect and report to EPA ambient air quality dacomply with the federal requirements of 40 CFR §58.16. The data ivalidated, and entered into the EPA air quality system (AQS) for upprescribed AQS procedures. The EPA AQS receives each report wthe end of the quarterly reporting period. Data is certified annually as 

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 2010 1-Hour NO2 NA

§22-1-6(a), the WVDEP Cabinet Secretary “is the chief officer of the the powers, duties and authority pursuant to §§22-5-2(3) and 22-5-4The Secretary has the authority under W.Va. Code §§22-1-3(a), 225-4(a)(17) to promulgate rules in accordance with the Administrativ(W.Va. Code §§ 29A3-1 et seq.) The Secretary has the authority under W.Va. Code §22-5-4(a)(5requiring compliance with the provisions of this article and t

promulgated 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 ascertaicompliance with this article and the rules promulgated under the article.” The Secretary has the authority under W.Va. Code §22-5-4(a)(16necessary and convenient to prepare and submit a plan oimplementation, maintenance and enforcement of the Federal Clean 
§110(a)(2)(C) (continued) 

The 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 §22-5rules 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 45C45CSR19 or 45CSR30 (see below). Regulation of the Modification and Construction of StationaPrevention of Significant Deterioration (PSD) and nonattainment aReview (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 of air pollutants regulated under the CAA as well as any precursors t

that pollutant when identified for regulation by EPA. For the 2010 1-h

West Virginia's permitting program includes the following three SINSR rule 45CSR13 (72FR5932) which provides a permitting prograand modification of minor sources, PSD rule 45CSR14 (77FR6373the prevention of significant deterioration permit program requiremenCAA, and NNSR rule 45CSR19 (71FR64468) which satisfies the nonew source review permit program requirements set forth in Part D Virginia also has an approved Title V operating permit program (66FWest Virginia’s SIP-approved minor NSR permitting program (72FR5932) provides regulation of the modification and conststationary sources as necessary to assure that the 2010 1-hour 

achieved. EPA has not proposed to amend the PSD regulations with regard t

NO2 NAAQS. However, West Virginia will revise its PSD program 

(77FR63736) to address any applicable EPA amendments of the 

within three years from the date of such amendments. West Virginia is authorized to implement its existing PSD permit prensure that the construction and modification of major stationary cause or contribute to a violation of the 2010 1-hour NO2 NAA

approved PSD rule 45CSR14 (77FR63736). The PSD program wgrowth and provide for continued maintenance of the standard. 
The purpose of 45CSR14 is to satisfy the prevention of significant dprogram requirements in Part C of the CAA. 45CSR14 contains a level for NO2 of 1.0 μg/m3 for annual averaging times and a de m

impact concentration of 14 μg/m3 over an annual averaging tim

contains a maximum allowable pollutant concentration increasconcentration for NO2 of 2.5, 25 and 50 μg/m3 for annual arithmeti

time in Class I, Class II and Class III areas, respectively, and a mpollutant concentration increase over minor source baseline concen

25 μg/m3 for annual arithmetic mean averaging time. A PSD sourc

area may have a NO2 emission limitation in a permit under 45CSR

BACT analysis in accordance with CAA Sections 165(a)(3) and (4). West Virginia PSD rule 45CSR14 limits PSD applicability with respegas-emitting sources by adopting the applicability thresholds inTailoring Rule. West Virginia’s 2012 legislative rule 45CSR14 be

June 1, 2012. The fully-adopted rule was submitted to EPA as a SIP 6, 2012. West Virginia NNSR rule 45CSR19 (71FR64468) satisfies the nonew source review permit program requirements in Part D of the 2012, West Virginia submitted a subsequent revision to the SIrevisions to 45CSR19 that include new Significant Impact Levels pro45CSR19 contains a significance level for NO2 and significant imp

air concentration increase) of 1.0 μg/m3 for annual averaging times. 

no designated NO2 non-attainment areas. West Virginia will revise i

to address any applicable EPA amendments of the NO2 NNSR 

years from the date of such amendments. 45CSR30 - This West Virginia rule establishes a permitting program V of the CAA. Any major stationary source subject to enforcea

limitations or control measures pursuant to 45CSR11, 45CS45CSR16, 45CSR18 or 45CSR19 will be contained in a permit Virginia under its established Title V permit program. The effectivapproval of West Virginia’s Title V Program and 45CSR30 was 12approved the West Virginia Title V program via direct final rule publ(66FR50325). EPA approved revisions to 45CSR30 contained in DAvia a separate DFR published on 10/09/01 (66FR51318). These federally effective 11/23/01. 

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

(i) prohibiting, consistent with the 

Significant Contribution and Interference with Maintenance: EP

all monitored areas throughout the nation, including all states wVirginia, as unclassifiable/attainment for the 2010 1-hour NO2 NAAQ
§110(a)(2)(D) (continued) 

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

are no NO2 nonattainment areas, there are no sources within Wes

NO2 which contribute significantly to nonattainment in, or interfere 

by, any other state with respect to the 2010 1-hour NO2 NAAQS. 

As set forth in 45CSR14-4, ambient air quality increments and ceilingto a state boundary. Pursuant to the public review procedures set forWest Virginia must provide notice to any state affected by a prmodification. The WVDAQ must send a copy of the advertisement the Administrator, and to officials and agencies having cognizance where the proposed construction would occur as follows: any othepollution control agencies, the chief executives of the city and county 

would be located; any comprehensive regional land use planning aand any Federal Land Manager, whose lands may be affected by esource or modification. As set forth in 45CSR14-9, any person proposing to construct ostationary source or to make a major modification must demonstemission increases from the proposed source or modification, in cother applicable emission increases or reductions (including secwould not cause or contribute to air pollution in violation of any NaQuality Standard or any applicable maximum allowable increase concentration in any area. 

Interference With Required Measures Under Part C: Because 

nonattainment areas, there are no sources within West Virginia measures in an applicable implementation plan for any other state uCAA to prevent significant deterioration of air quality or to protVirginia confirms that new major sources and major modificationsubject to PSD under legislative rule 45CSR14. The purpose of this approved rule (77FR63736) is to satisfy the prevention of signifpermit program requirements in Part C of the CAA. Under applications filed by any person to construct major new or modpollution sources, intending to locate in areas with air quality better to protect the public health and welfare, or that might impact tadequately meet the pre-construction review procedures and condAir Act as amended ....”. This rule includes specific federal requiremthat new or modified sources do not interfere with measures to deterioration of air quality by providing a mechanism to prevent the dnew non-attainment problems. 45CSR14 requires the evaluation pollutants and to preclude the construction or relocation of any majoor major modification in any area classified as attaining National AStandards or unclassifiable in which the establishment of such soumay interfere with the goals of the prevention of significant deteriolevels. 
West Virginia confirms that new major sources and major moattainment areas of the state are subject to NNSR under legislatThe purpose of this West Virginia SIP approved rule (71FR64468nonattainment area new source review permit program requiremenCAA. West Virginia has no designated NO2 non-attainment areas. 

Protect Visibility: West Virginia received partial approval of its RegMarch 23, 2012 at 77FR16973. Ensuring Compliance with Sections 126 and 115: West Virginia that it has met its obligations pursuant to CAA Section 126(a) throu45CSR14-7, Public Review Procedures which requires notification potential impacts from a source. West Virginia has no currently ppursuant to CAA Section 126(b). West Virginia has submitted to EPfully-adopted PSD program under 45CSR14 that applies to apollutants, including GHG. 45CSR14 limits PSD applicability greenhouse gas-emitting sources by adopting the applicability threEPA’s Tailoring Rule. West Virginia’s 2012 legislative rule 45CSR1on June 1, 2012. The fully-adopted rule was submitted to EPA as June 6, 2012. West Virginia has made the necessary submittals to West Virginia has adequate provisions ensuring future comrequirements of Section 126(a) of the CAA as may be necessapending actions pursuant to NO2 and Sections 126(b) or (c), o

applicable to West Virginia. 

§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 implementation plan (and is not prohibited by any provision of 

Personnel: WVDEP has demonstrated adequate personnel implementation plan with respect to the 2010 1-hour NO2 NAAQ

employs adequate personnel and retains specialists under W.Va. Cthat are "necessary, incident or convenient" to accomplish the stacarry out the implementation plan. WVDAQ has a staff of approxiemployees. The West Virginia Air Director supervises the air monand enforcement, hazardous waste, permitting and planning sectionregional DAQ offices, and answers to the WVDEP Cabinet Secretarnature of the national and state economies, WVDAQ does not antic

in resources considered necessary during the 5 years following Sprojects a similar resource need at 1, 3, and five year intervals. Funding: The APCA (Chapter 2, Article 5 of the W.Va. Code) funding under W.Va. Code §§22-1-10(a) and 22-5-4(a)(17) implementation plan. W.Va. Code §22-5-12 sets forth the statutorrequirements for stationary sources under Title V of the CAA. 45Cfees sufficient to cover the direct and indirect costs of administerin
§110(a)(2)(E)(i) (continued) 

federal or state law from carrying out such implementation plan or portion thereof); 

control planning process, Title V operating permit program, anpollution control program authorized by statute. The APCA alestablishment of fees to cover non-Title V permitting costs under quality program also receives revenue from fines and penalties (AFund) and federal funds under Section 105 and 103 of the CAA, and appropriations. Legal Authority: The APCA, W.Va. Code §22-5-1, declares the staits primary responsibility for assuring air quality" pursuant to the C

Cabinet Secretary is authorized under W.Va. Code §§22-1-6(c)(1) acarry out and represent the state in any and all matters implementation plan, including revising the SIP as necessary. The authority under W.Va. Code §22-5-4(a)(16) “to do all things necessato prepare and submit a plan or plans for the implementation, enforcement of the Federal Clean Air Act ....” The Secretary is noprovision of federal or state law from carrying out the implementatthereof. The legal authorities specified are available to the WVDEP at the time of submission of this SIP revision. West Virginia has adopted emission standards and limitations an

necessary 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 promulgated under t

APCA are currently in effect and codified at Title 45 of the Codincluding the 2010 1-hour NO2 NAAQS and NAAQS for other 

contained in SIP approved rule 45CSR8 (77FR56125). Strequirements are set forth in W.Va. Code §§22-5-11 & 12. West Virapproved air permitting program for both major and minor facilities45CSR13, 45CSR14, 45CSR19 and 45CSR30 (as applicable). The WVDEP Cabinet Secretary is authorized to enforce applicable and standards under WV Code §§22-1-6(d)(3), 22-05-4(a)(5) and seek injunctive relief under WV Code §22-5-7. The WVDEP Cabinet Secretary is authorized to abate pollutant emergency basis to prevent substantial endangerment to the health Code §22-5-5 authorizes the Secretary to issue an order to ceaactivity that violates the APCA. 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 of NO2 emissions, thereby preventing the emissio

which substantially contributes to an emergency that requires im
§110(a)(2)(E)(i) (continued) 

protect public health. As provided in West Virginia Code, §§22-5-4(the Secretary may consult with EPA to affirm accuracy of any infor

while executing authority under §§22-5-5, -6, -7 or -8. The WVDEP Cabinet Secretary is authorized to prevent constructiooperation of a facility, building, structure, or installation, or combinadirectly or indirectly results or may result in emissions of any alocation which will prevent the attainment or maintenance of a natio

major sources and major modifications in West Virginia are subjlegislative rule 45CSR14. The purpose of this West Virginia S(77FR63736) is to satisfy the prevention of significant deterioratiorequirements in Part C of the CAA. Under 45CSR14, “.....all applicperson to construct major new or modified stationary air pollution solocate 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 neproblems. 45CSR14 requires the evaluation of sources of air pollutathe 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 modificwith the goals of the prevention of significant deterioration of air qualPursuant to W.Va. Code §22-5-4(a)(14), the WVDEP Cabinet Secrto obtain information necessary to determine whether air pollutiocompliance with applicable laws, regulations, and standards. Under 4(a)(14) and 22-5-4(a)(15), the WVDEP Cabinet Secretary is autrecordkeeping. Under W. Va. Code §22-5-44(a)(9), the WVDEP Caauthorized to and to make inspections and conduct tests of air pollut

Under W.Va. Code §22-5-4(a)(15), the WVDEP Cabinet Secretar

require owners or operators of stationary sources to install, maintain

monitoring devices and to make periodic reports to the State oamounts of emissions from such stationary sources. Under WV CWVDEP Cabinet Secretary is authorized to make such data availabreported and as correlated with any applicable emission standards o

§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: Because West Virginia does which approves permits or enforcement orders, this element is not ap
§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 inst

implementation of any state implementation plan provision for the 

NAAQS. West Virginia will retain primacy with respect to any future local or regional governments, agencies or instrumentalities. By stahas 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 implementation, maintenance and enforcement of the Federal Clean 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.” 

§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 inspection; 

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 NO2 from such sources as the Secretary may pr

authority, West Virginia requires the installation, maintenance, amonitoring equipment at stationary sources through permits issued 45CSR14, 45CSR19, 45CSR30, and via compliance orders. West to the Air Emission Reporting Rule (AERR) set forth in 40 CFR PWVDAQ’s emissions inventory program provides source-specific EPA pursuant to the AERR reporting requirements. 

45CSR16 - The purpose of this rule is to incorporate the fed

Performance Standards under Part A of the Clean Air Act and 40 current monitoring requirements for NO2 promulgated under 40 

incorporated by reference under 45CSR16 except any limitation or be included in Subparts B, C, Ca, Cb, Cc, Cd, Ce, Ea, Eb, Ec, WWCCCC, DDDD, EEEE, FFFF, LLLL and MMMM. 45CSR18 - The purpose of this rule is to adopt standards of establish emission guidelines and compliance times pursuant to Se129 of the federal Clean Air Act for solid waste combustion sourceSection 111(d)/129 solid waste combustion sources in West Virginia applicable NO2 monitoring requirement promulgated under 40 CFR 

AAAA, Ec, Ce, CCCC, DDDD, EEEE and LLLL. Reporting: In accordance with the emission reports and recordkeeset forth in 40 CFR §51.211, W.Va. Code §§22-5-4(a)(15) authorize
require periodic reports on the nature and amounts of emissions and data from owners or operators of stationary sources (monitoring data

to W.Va. Code §§22-5-4(a)(14), the Secretary is authorized to requiras the Secretary may require in a form or manner prescribed (emissions inventory program). Under this authority, West Virginia reports on the nature and amounts of emissions and emissionsstationary sources through permits issued under 45CSR13, 45C45CSR30 and via compliance orders. WVDAQ periodically reports information to EPA as required by 40 CFR Part 51, Subparts A and K45CSR16 - The purpose of this rule is to incorporate the fedPerformance Standards under Part A of the Clean Air Act and 40 current reporting requirements for NO2 promulgated under 40 

incorporated by reference under 45CSR16 except any limitation or be included in Subparts B, C, Ca, Cb, Cc, Cd, Ce, Ea, Eb, Ec, WWCCCC, DDDD, EEEE, FFFF, LLLL and MMMM. 45CSR18 - The purpose of this rule is to adopt standards of establish emission guidelines and compliance times pursuant to Se129 of the federal Clean Air Act for solid waste combustion sourceSection 111(d)/129 solid waste combustion sources in West Virginia applicable NO2 reporting requirement promulgated under 40 CFR 

AAAA, Ec, Ce, CCCC, DDDD, EEEE and LLLL. Correlation of Reports: W.Va. Code §22-1-6(d)(3) authorizes “investigate for violations of statutes or rules which the departmeenforcing.” §22-5-4(a)(3) authorizes the Secretary to correlate preports with any NO2 emission limitations or standards establ

45CSR11, 45CSR13, 45CSR14, 45CSR18, 45CSR19, 45CSR30 oforth in W.Va. Code §22-5-10, the Secretary makes available at republic inspection the periodic emissions reported under §§22-5-4(Secretary has the responsibility of making all records, reports or inby the Department or referred to at public hearings under the proviavailable to the public, except to the extent the records, reports protected by confidentiality pursuant to 45CSR31. The types of recprovides access to include notifications, inspection reports, noenforcement orders, applications, permit review letters, sample reports, permits, approvals and denials that would relate to §110generally makes information available for public access through its makes hard copy reports available upon written request. CEMS euploaded to AIRS and CAMD, and EPA may make such data availab

§110(a)(2)(G) provide for authority comparable Comparable Authority: W.Va. Code §22-5-5 authorizes the Sec
to that in section 303 and adequate contingency plans to implement such authority; 

order to cease and desist any activity that violates the APCA. The S

suspend, modify or revoke a source’s permit. Under §22-5-6, the Sinstitute lawsuits for civil penalties. §22-5-7 authorizes the Sapplications for injunctive relief. §22-5-8 authorizes the Secretaryauthorization of the Governor, to shut down a source of NO2 e

preventing the emission of air pollutants which substantially emergency that requires immediate action to protect public health. AVirginia Code, §§22-5-4(a)(2) and 22-5-10, the Secretary may coaffirm accuracy of any information considered while executing autho5, -6, -7 or -8. Contingency Plans: West Virginia satisfies the criteria to be clasRegion under 40 CFR §51.150(f) for NO2, as it does not meet the cri

CFR §§51.150(a)-(e). Pursuant to 40 CFR §51.152(c), areas classifinot need to develop episode (contingency) plans. 45CSR11 - The purpose of this West Virginia SIP approved rule provide a mechanism to prevent the buildup of air pollutant conperiods of adverse meteorological conditions in which air pollutants thereby preventing the occurrence of an emergency due to the pollutants on health. To achieve this purpose, three (3) stages oconcentration levels) have been established and specific emission rbe developed which will be initiated at each criteria stage t

deterioration of the air supply to any air quality region or substant45CSR11 contains episode criteria, methods of measurement, prestrategies and emission reduction plan requirements for sources of 

West Virginia. 

§110(a)(2)(H) 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 

Revision of NAAQS: To satisfy the SIP revision provisions se§51.104, W.Va. Code §22-5-4(a)(16) authorizes the Secretary necessary and convenient to prepare and submit a plan for th

maintenance and enforcement of the Clean Air Act. WVDEP has hand will continue to revise its NAAQS rules as necessary to take aof the national primary or secondary ambient air quality standards or expeditious methods of attaining the standards. Below are brexamples of how West Virginia has promulgated various version45CSR8 to incorporate revisions to the primary and secondary NAAQOn February 10, 2009, West Virginia received full SIP approval of its 45CSR8 (74FR6552). This rule contains ambient air quality standpollutants, including the 2006 PM2.5 NAAQS, equivalent to the na

secondary ambient air quality standards established under Section 1Act, and promulgated by the United States Environmental Protection 
§110(a)(2)(H) (continued) 

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; 

CFR Part 50 through June 1, 2007. The 2009 version of 45CSR8 includes the revised the 8-hour primozone NAAQS. Revisions to the rule also include deletion of referen

one-hour ozone NAAQS. EPA announced reconsideration of the 

secondary ozone standards on September 16, 2009. Subsequentadvised the WV DAQ that 45CSR8 may not be approvable into the 

ozone standard is under reconsideration. At the request of EPA R

was withdrawn as a revision to the SIP on November 16, 2009. The 2010 version of 45CSR8 included the revised national primary aNAAQS and deletion of redundant methods of measurement langEPA Region III advised the WV DAQ that the 2010 version of 45

approvable into the SIP because the ozone standard is under reco

request of EPA Region III, 45CSR8 was not submitted as a revision tWest Virginia submitted a NAAQS SIP revision to EPA Region II

Revisions to the 2011 version of NAAQS rule 45CSR8 provide foreference of the NAAQS as promulgated by the EPA as of June 1reiterating the NAAQS in the rule. EPA has revised the primarNAAQS, and 45CSR8 incorporates by reference the 2010 1-hour 

September 12, 2012, West Virginia received full SIP approval of 2(77FR56125). West Virginia submitted a NAAQS SIP revision to EPA Region III 

Revisions to the 2012 version of the rule incorporate by reference th

NAAQS. Specifically, EPA established a new 1-hour SO2 standard a

per billion (ppb), based on the 3-year average of the annual 99th pdaily maximum concentrations. 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, is substantially inadequate to attain the NAAQS which it implemencomply with the CAA, West Virginia will revise the plan as necessary 

§110(a)(2)(J) 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 12W.Va. APCA provides adequate authority under W.Va. Code §22-Virginia’s practices of consultation with local governments, organManagers for purposes of air pollution control. WVDEP also consultregarding implementation plans for air quality maintenanpreconstruction review of direct sources, nonattainment requiremenof significant deterioration. For the 2010 1-hour NO2 NAAQS
§110(a)(2)(J) (continued)

permitting program includes three SIP approved rules: minor NS(68FR9559), PSD rule 45CSR14 (77FR63736), and major (71FR64468). West Virginia also has an approved Title V operati(66FR50325). WVDEP has previously demonstrated a comconsultation through encouragement and support for an Early Actthrough Federal Land Manager consultation for the WV 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 compreAnnual 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 b

regulation under PSD, West Virginia’s PSD rule 45CSR14 implementation of any new PSD requirements that are triggered upoof any new NAAQS. West Virginia submitted 2012 PSD rule 45revision to EPA Region III on June 6, 2012. This fully-adopted 

regulated NSR pollutants, including greenhouse gases. There are no new applicable visibility protection obligations under Sas a result of the 2010 1-hour NO2 NAAQS. 

§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)&(3

Secretary to “develop ways and means for the regulation and contro

air of the state” and “conduct such studies and research relating to 

control and abatement”. Inherent in West Virginia's authority to mee

to conduct studies and research is the obligation for WVDEP to perequired under the CAA to demonstrate attainment of the NAAQS, aAdministrator. WVDAQ employs one full time technical employee w

for air quality modeling. WVDEP also participates in regional plansuch as the Southeastern Modeling Analysis and Planning projecperforms NAAQS modeling for member states. Any air quality conducted with respect to the NO2 NAAQS may be source-oriented 

such as AERMOD. 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 a
which 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. West Virginia can also provide relevant data as implementation process. 

§110(a)(2)(L) §110(a)(2)(L) (continued) 

require the owner or operator of 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; 

Permit Fees for Permit Review, Implementation and Enforcemehas SIP approved PSD rule 45CSR14 (77FR63736) and major NS(71FR64468) (construction permits). Program permit fees are cont

The collected fees have been sufficient to cover permit review, anand enforcement of permit terms and conditions. West Virginia also has an approved Title V operating permit program (66FR50325). 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. 

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

participation by local political subdivisions affected by the plan; 

Consultation: The WVDEP Cabinet Secretary has the authority u§22-5-4(a)(16) “to do all things necessary and convenient to prepare or plans for the implementation, maintenance and enforcement of Air Act .....” Under this statute, and pursuant to the General Plan forth in 40 CFR §51.240, the West Virginia Division of Air Quality 

authorized to develop, implement and enforce the SIP. W.Va. C

authorizes the Secretary to advise, consult and cooperate wsubdivisions affected by the implementation plan. West Virginia cgovernments, organizations and Land Managers with respect to SIP 
WVDAQ also consults with such entities regarding implementation pmaintenance requirements, preconstruction review of direct sourcrequirements, 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 popportunity for a public hearing. State rules which contain sprocedures include permitting rules 45CSR13, 45CSR14, 45CSR19 
FINAL WEST VIRGINIA STATE IMPLEMENTATION PLAN REVISION

FOR CLEAN AIR ACT SECTION 110(A)(2)(A)-(M) REQUIREMENTS

FOR NITROGEN DIOXIDE

RESPONSE TO COMMENTS

On November 2, 2012, the Division of Air Quality (DAQ) commenced a thirty day public

comment period to accept written comments and/or a written request for a public hearing on a

proposed revision to the State Implementation Plan which demonstrates that West Virginia has

adequate resources and authority to implement the 2010 1-hour nitrogen dioxide National Ambient

Air Quality Standards. 

Written comments were accepted through 6:00 PM on Monday, December 3, 2012. No

commentersubmitted written comments regarding the proposed implementation plan revision, and

no person requested a public hearing. Consequently, DAQ published in the West Virginia Register

on December 7, 2012, a public notice announcing that a public hearing will not be held. 
Volume XXIX 

Issue 44 

November 2, 2012 

Pages 1794 - 1824 

A Weekly Publication 

Administrative Law Division 

Judy Cooper, Manager 

Natalie E. Tennant 

Secretary of State 

Administrative Law Division 

Bldg. 1, Suite 157K 

1900 Kanawha Blvd. E. 

Charleston, WV 25305-0770 

(304) 558-6000 

www. wvsos.com 

WEST 

VIRGINIA 

REGISTER 

Published by the Office of the Secretary of State 

CONTENTS 

I. Chronological Index 

II. Open Government Meetings Listing 

III. Price List 

IV. Rule Monitor 

V. Notices 

a. Legislative Rules 

b. Interpretive Rules 

c. Procedural Rules 

d. Emergency Rules 

e. Legislative Rule-Making Review Committee 

VI. Legislative Interims 

VII. Orders 

VIII. Ethics Commission Opinions 

IX. Office of Tax Appeal Decisions 

X. Other Documents or Information Filed 

XI. Publication Deadlines and Publication Dates 

U"l' 
AGENCY 

AccessWV 

Administration, Dept. of 

Blue Ridge CTC 

Commerce 

Consolidated Public Retirement Board 

Courthouse Facilities Improvement Authority 

Culture and History, WV Div. of 

Dental Examiners I i 

DHHR-BMS, WV , 

Early Intervention lnteragency

1

Coordinating Council,;wv 

Eastern WV Comm. Action Agency 

Education I 

Educational Broadcasting Authority 

Environmental Protection I 

Fairmont State University Bd. of Gov. 

Forestry, Div. of I 

Glenville State College Bd. of Gov. 

Governor Earl Ray Tomblin I 

Health and Human Resources 

Health Care Authority, WV J 

Health Sciences & Technolog Academy (HSTA) 

Higher Education Policy Commission 

Highways I 

Infrastructure & Jobs Development Council 

Jobs Investment Trust Board I 

Kanawha Co. Solid Waste Auth. 

Lottery I 

McDowell Co. Alternative Sentencing Program 

Motor Vehicles, Div. of I 

New River Comm. & Tech. College 

North Central Community Corrections 

Northern Panhandle Comm. Criminal Justice Board 

Optometry, WV Board of 

Parkways Authority 

Physical Therapy, WV Bd. of 

Poison Center, WV 

Proclamation 

Professional Engineers, WV Bd. of 

Public Defender Corp. I 

Public Employees Grievance Board 

Real Estate Comm. I 

Regional Jail & Correctional Facility Auth. 

Ron Yost Personal Assistance Services Program 

School Board Association, WV 

State Rail Authority 

Transportation, WV Dept. of 

Veterinary Medicine 

West Virginia Northern Comm. College 

WVUH-E/City Hospital, INc. 

, __ 

I 

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1797-8 

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NOTICE OF PUBLIC COMMENT PERIOD 

2012 OCT 25 Pl1 2: 57 

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

opportunity for public comment on a proposed revision to the State Implementation. Plan (SIP) 

OTHER 

PUBLIC NOTICE 

2UI2 OCT 25 PH 2: 0~ 

WEST VIRGINIA MEDICAID PROGRAM 

cHANGE To THE ,, I ~_,c..:._!:..:-; rATE-

regarding the 2010 1-hour nitrogen dioxide (NO,) National Ambient Air Quality Sf~ildards , "" :,1-!Jt __________ _ _________ [NAAQS)_The SIP is the plan developed by West Virginia in order to fulfill its-responsibilities ___ _ 

------REIMBuRsEMENT METHODO[OGY- --

F 

under the Clean Air Act (CAA) to attain and maintain the NAAQS promulgated by the U.S. 

Environmental Protection Agency (U.S. EPA). The public comment period begins November 2, 

2012 and ends December 3, 2012. 

In this proposed revision to the SIP, West Virginia is demonstrating that it has adequate 

resources and authority to implement the 20 I 0 1-hour NO, NAAQS. Compliance with specific 

CAA section IIO(a)(2) requirements is detailed in a document demonstrating that the State meets 

these express requirements through authorities granted under state laws and regulations, as well 

as implementation of existing air programs. DEP is seeking comments on whether the document 

adequatelydemonstrates_West Virginia's compliance with the pertinent federal CAA mandates 

- related to tliese SIP infrastructure elements. 

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

the DEP will submit the final documentation to the U.S. EPA as a revision to the SIP. This 

proposed SIP revision is considered to be non-controversial in nature. Therefore, a public hearing 

will be held only if requested in writing, and the written request is received by December 3, 

20 I 2. Any person who requests a public hearing should identify any substantive issue they intend 

to raise in a hearing. If properly requested, the hearing will be held beginning at 6:00p.m. on 

December 10,2012 at the address below and the public comment period will be extended until 

the close of the hearing. A public notice announcing whether a hearing will be held will be 

posted in the West Virginia Register published on December 7, 2012. 

Copies of the proposed CAA ~110(a)(2) SIP revision may be viewed between 8:30a.m. 

and 4:30p.m. at the DEP Division of Air Qn~lity...{>()k5-/th--SE,--Ehar!eston;-\Vv-2530.r,----­

beginning November 2, 2012, 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/Generai/Pages/PublicNoticeandComment.aspx. 

Send written comments to be included in the formal record to John A. Benedict, 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 5:00p.m. on December 3, 2012 to: 

Tammy.L.Mowrer~IMV.gov. Comments submitted by U.S. Mail must be postmarked by 

December 3, 2012. 

FOR 

ACUTE CARE HOSPITALS 

Pursuant to 42 U.S.C. §1396a(a)(13)(1997) and 42 C.F.R. §447.205, the Department of 

Health and Human Resources (Department). Bureau for Medical Services (Bureau) 

provides notice of the filing of a state plan amendment to modify reimbursement to West 

Virginia acute care hospitals. 

Effective-October 1, 2012, the Bureau will revise its acute care hospital reimbursement 

to provide for interim payments, subject to final settlement, from a pool of funds to be 

directed toward acute care prospective payment system (PPS) hospitals and hospitals 

providing tertiary and rural safety net services. This plan amendment will continue to 

classify hospitals based on U.S. Census classification for rural and metropolitan 

statistical areas. 

The purpose and rationale for this plan amendment is to renew the PPS and tertiary and 

rural safety net hospitals' supplemental payment pools and set new pool amounts. 

This plan amendment is expected to result in an annual aggregate amount $56,631,315 

for fiscal year 2013. 

Documents detailing lhesa--proposed--actions-wilJ--be-avanallteTor publtc tnspection in 

each county office of the Department of Health and Human Resources during normal 

business hours, 8:30a.m. to 4:30p.m., beginning November 1, 2012 through December 

1, 2012 and on the web at: www.dhhr.wv.gov/bms under Public Notices. 

Written comments may be sent to the West Virginia Department of Hei:llth and Human 

Resources, Bureau for Medical Services, 350 Capitol Street, Suite 251, Charleston, WV 

25301-3706 or on the web at www.dhhr.wv.gov/bms under Public Notices or by email to 

SPAcomments@IW.gov. Any written comments received will be available for review at 

the above address during normal business hours of 8:30 a.m. to 4:30 p.m., beginning 

November 1, 2012 through December 1, 2012 or on the web at www.dhhr.wv.gov/bms 

under Public Notices. 

-00 

"
NOTICE OF PUBLIC HEARING CANCELLATION

In the November 2, 2012 West Virginia Register, the West Virginia Department of

Environmental Protection (DEP) announced an opportunity for a public hearing on a proposed

revision to the State Implementation Plan (SIP) regarding the 2010 1-hour nitrogen dioxide

2

(NO ) National Ambient Air Quality Standards (NAAQS). In this proposed revision to the SIP,

West Virginia is demonstrating that it has adequate resources and authority to implement the

2010 1-hour NO2 NAAQS. Compliance with specific CAA section 110(a)(2) requirements is

detailed in a document demonstrating that the State meets these express requirements through

authorities granted under state laws and regulations, as well as implementation of existing air

programs. DEP sought comments on whether the document adequately demonstrates West

Virginia’s compliance with the pertinent federal CAA mandates related to these SIP

infrastructure elements. The public comment period began November 2, 2012 and ended

December 3, 2012. No person requested a public hearing. Therefore the public hearing

tentatively scheduled for December 10, 2012 is hereby cancelled.
BILLED 

TO 

L 

CHARLESTON NEWSPAPERS 

P.O. Box 2993 

Charleston, West Virginia 25330 

Billing 348-4898 

Classified 348~4848 

1-800-WVA-NEWS 

WV DIVISION OF AIR QUALITY 

601 57TH STREET SE 

CHARLESTON WV 25304 USA 

_j 

INVOICE DATE 

ACCOUNT NBR 

ALE REP ID 

INVOICE NBR 

~ li'NO~~o:;~ ©' 

'W OEP I UiV UF AIH UUALHY 

Please return this portion with your payment. 

Make c,hecks payable to: Charleston Newspapers 

AMOUNT PAID: 

CHARLESTON NEWSPAPERS INVOICE DATE 

P.O. Box 2993 ACCO T NBR 

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INVOICE NBR 

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Classified 348-4848 

1-800-WVA-NEWS Legal pricing is based upon 63 words per column inch. 

FEIN 55-0676079 Each successive insertion is discounted by 25% of the first insertion rate. 

the Charleston Gazette rate is .14 

~~iiiT! 

8.82 97.02 

11/02 LEG DM 

8.19 90.09 

97.02 

90.09 

TOTAL INVOICE AMOUNT 187.11 

OFFICIAl SEAl 

Notary Public, State of West Virginia 

MARY T PRILLAMAN 

5508 Ohio Street 

Soulh Charleston, WV 25309 

~,;("?' My commission expires Apri112,2021 

Volume XXIX 

Issue 49 

December 7, 2012 

Pages 1 967 - 2016 

A Weekly Publication 

Administrative Law Division 

Judy Cooper, Manager 

Natalie E. Tennant 

Secretary of State 

Administrative Law Division 

Bldg. I, Suite 157K 

1900 Kanawha Blvd. E. 

Charleston, WV 25305-0770 

(304) 558-6000 

www.wvsos.com 

WEST 

VIRGINIA 

REGISTER 

Published by the Office of the Secretary of State 

CONTENTS 

I. Chronologicallndex 

II. Open Government Meetings Listing 

Ill. Price List 

IV. Rule Monitor 

V. Notices 

a. Legislative Rules 

b. Interpretive Rules 

c. Procedural Rules 

d. Emergency Rules 

e. Legislative Rule-Making Review Committee 

VI. Legislative Interims 

VII. Orders 

VIII. Ethics Commission Opinions 

IX. Office of Tax Appeal Decisions 

X. Other Documents or Information Filed 

XI. Publication Deadlines and Publication Dates 
AGENCY 

Administration, Dept. of 

Affordable Housing Trust Fund 

Agriculture 

Bluefield State College Bd. of Gov. 

Broadband Deployment Council 

Calhoun Co. Solid Waste Auth. 

Charleston Area Alliance 

City Hospital Inc 

Commerce 

Comm. & Tech. College Education 

Consolidated Public Retirement Bd. 

Corridor G Regional Development Auth. 

Crime, Delinquency & Correction 

Dental Examiners 

DOA 

Early Childhood Advisory Council 

Eastern WV Comm. & Tech. College 

Education 

Education and the Arts 

Educational Broadcasting Auth. 

EMS Advisory Council 

Enterprise Resource Planning Bd. 

Environmental Protection 

Environmental Quality Bd. 

Fairmont State University 

Governor, Office of the 

Grievance Decisions 

Harrison Co. Comm. 

Health and Human Resources 

Health Care Authority 

Highland Hospital Association 

Homeland Security & Emergency Management 

Human Rights Comm. 

Insurance Commission 

Investment Management Bd. 

Justice & Comm. Services {DJCS) 

Kanawha Co. Solid Waste Auth. 

Kanawha Valley Comm. & Tech. College 

King Coal Highway 1-73174 Auth. 

Kyova Interstate Planning Comm. 

Labor 

Landscape Architects, Bd. of 

Legislative Interim 

Lottery 

Marshall University 

McDowell Co. Alternative Sentencing Program 

Medicine 

Miner Training, Education and Certification 

Monongalia Co. Solid Waste Auth. 

Municipal Pensions Oversight Bd. 

Natural Resources, Div. of 

New RiverComm. & Tech. College 

Nursing Home Administrators licensing Bd. 

Oil and Gas 

Optometry, WV Bd. of 

Osteopathic Medicine 

Osteopathic Medicine, WV School of 

Pharmacy, Bd. of 

Professional Engineers, Bd. of 

Public Broadcasting, WV 

Public Defender Corporations 

Public Defender Services 

Public Port Auth. Bd. 

Public Service Comm. 

Putnam Co. Oev. Auth. 

Racing Comm. 

Real Estate Appraiser Bd. 

Real Estate Comm. 

Region 11 Planning & Development Council 

Regional Intergovernmental Council 

Registered Professional Nurses 

Respiratory Care, Bd. of 

Revenue/DHHR 

School Building Auth. 

Solid Waste Mgmt. Bd. 

State Election Comm. 

Tax Department 

Transportation 

West Uberty University 

West Virginia University Bd. of Gov. 

West Virginia University Hospitals 

PAGE(S) 

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1968 

1995,2000 

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1968 

1968 

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1968, 1999 

1969 

1969 

1995-6 

2000-2 

1969 

1969 

1969 

1969 

1970 

1970 

1970 

1970 

1970,2013 

1970 

1970 

1971 

2011-12 

1971 

1967,1979,1996,2013 

1971,2010,2014-5 

1971 

1971 

1971 

2010 

1971-2 

1972 

1972 

1972 

1972 

1972 

1972 

1973 

2009 

1973 

1973 

1973 

2002-3, 2010 

1973 

1973 

1973 

1973 

1973 

1974 

1998 

1974,2004 

2004-5,2010 

1974 

1974,2006 

1974 

1974 

1975 

1975 

1975 

1975 

1975 

1997 

1976 

1976,2010 

1976 

1976 

2007-8 

1976 

1976 

1976 

1977 

1977 

2015-16 

1977 

1977 

1977 

1978 
NOTICE OF PUBLIC IIEARI~G CA~CELLATI0:'\1 

In the November 2, 2012 1/l.•st l'i1giuia R<:J.!H/1!1", the West Virginia Dl'partmcnt of 

Fnvironmt:ntal Protection (DEP) announced an opportunity for a public hearing on a proposed 

re1•ision to tht: State lmpkmcntation Plan (SIP) regarding the 2010 \-hour nitrogen dioxide 

(NO:) National Ambient Air Quality Stand;nds (NAAQS). In this proposed revision to the SIP, 

Wt:st Virginia is demonstrating that it has adequate resources and authority to implement the 

~0!0 \-hour NO~ NAAQS. Compliance with specific CAA section I \O(a)(2) requirements is 

d<!ta!lcd in a document demonstrating that the State m~:cts thc~e express reqturements through 

iiUthorities gmnted under state laws and regulations, as well as implementation of existing air 

programs. DF.P sought comments on whether the document adequately demonstrates West 

Vtrginia's compliance with the pertinent federal CAA mandates related to these SIP 

infrastructure clemcnts. The public comment p~:riod began November 2, ::!012 and ~:ndcJ 

December 3, 2012. No person requested a public hearing. Therefore the public hearing 

tcntatiwly scheduled for December \0, 2012 is hereby cancelled. 

<;Q ~ ' 

C• 

~· 

m,. ~~>' 

~ 

;::; 

co 

~ 

n 

r ' 

~ 

9 

r 

co 

OTHER @ STAlE <W W[ST \'IRGI:-11.4. 

Dl:PART!\U:NT OF HEALTH AND IIUMA..''Ii RESOURCES 

HURF:AU t'OR PUDI.IC IlEAL Til OHIC:E OF EN\'IR0;.1,1EN'J'AL m:AL'I'II SERVICES 

Earl Ray Tomblin Rocco S. Fuctlto 

Governor Cabinet S~cr~tny 

MEMORANDUM 

To: Interested Parties 

From: Robert 

Drinking 

W. 

Water 

DeCrease, 

Treatment 

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£~~~!ving 

.J?;Iu,J-~ Fund 

Date: 

Subject: 

November 30, 2012 

Gilmer County Public Service District- Water Line Extensions 

DWTRF# I\DWTRFB012 

IJDC# 2010\V-1177 

Gilmer County 

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The West Virginia Bureau for Public Heallh (Bureau) is issuing a Finding of No Significant 

Impact (FONSI) for the Gilmer County Public Service District's Water Line Extensions to Cox's Run, 

Wolf Pen and Alice Road project 

,-· 

The review process dctennined no significant environmental impacts would result from the 

proposed action. Consequently, a preliminary decision not to prepare an Environmentul Impact 

Statement has been made. 

This action is based on a careful review of the environmental information documents and other 

supporting data. These documents are on file at the Bureau, Environmental Engineering Division, and 

are available for public review upon request. The FONST is also available at the Infrastructure & 

Capacity Development website h!!Irl/www.wvdhhr.org!oehs!eedli&cd under the link for DWTRF 

Project Environmental Reviews. 

Comments supporting or disagreeing with th1s preliminary decision may be submitted within 30 

days of issuance of the FONSI for consideration to Paul Daniels, at 350 Capitol Street, Room 313, 

Charleston, West Virginia 25301-3713. You may email comments to paul.e.daniels@wy.gov. You 

may FAX comments to (304) 558-4322. After evaluating the comments received, the Bureau will 

make a c'lccision no sooner than thirty (30) calendar days from the date of this Finding of No Significant 

Impact. No administrative action will be taken with respect to this proposal during this time frame. 

RWD:ped 

350 Capitol Street, Room 313 

Charll"'lon, Wei! Virginia 25JOI-3713 Tdephon~: (304) 558-2981 

"' 0 

w 
NOTICE OF PUBLIC COMMENT PERIOD

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

opportunity for public comment on a proposed revision to the State Implementation Plan (SIP)

2

regarding the 2010 1-hour nitrogen dioxide (NO ) National Ambient Air Quality Standards

(NAAQS). The SIP is the plan developed by West Virginia in order to fulfill its responsibilities

under the Clean Air Act (CAA) to attain and maintain the NAAQS promulgated by the U.S.

Environmental Protection Agency (U.S. EPA). The public comment period begins November 2,

2012 and ends December 3, 2012.

In this proposed revision to the SIP, West Virginia is demonstrating that it has adequate

2

resources and authority to implement the 2010 1-hour NO NAAQS. Compliance with specific

CAA section 110(a)(2) requirements is detailed in a document demonstrating that the State meets

these express requirements through authorities granted under state laws and regulations, as well

as implementation of existing air programs. DEP is seeking comments on whether the document

adequately demonstrates West Virginia’s compliance with the pertinent federal CAA mandates

related to these SIP infrastructure elements.

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

the DEP will submit the final documentation to the U.S. EPA as a revision to the SIP. This

proposed SIP revision is considered to be non-controversial in nature. Therefore, a public hearing

will be held only if requested in writing, and the written request is received by December 3,

2012. Any person who requests a public hearing should identify any substantive issue they intend

to raise in a hearing. If properly requested, the hearing will be held beginning at 6:00 p.m. on

December 10, 2012 at the address below and the public comment period will be extended until

the close of the hearing. A public notice announcing whether a hearing will be held will be

posted in the West Virginia Register published on December 7, 2012.

Copies of the proposed CAA §110(a)(2) 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 November 2, 2012, 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/General/Pages/PublicNoticeandComment.aspx.

Send written comments to be included in the formal record to John A. Benedict, 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 December 3, 2012 to:

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

December 3, 2012.
-dep 

west virginia department of environmental protection 

Division of Air Quality 

601 57th Street SE 

Charleston, WV 25304 

Phone 304/926-04 75 • FAX: 304/926-04 79 

Ms. Diana Esher, Director 

Air Protection Division 

U.S. EPA, Region III (3APOO) 

1650 Arch Street 

Philadelphia, P A 19103-2029 

October 31,2012 

Earl Ray Tomblin, Governor 

Randy C. Huffman, Cabinet Secretary 

www.dep. wv.gov 

Re: Proposed West Virginia State Implementation Plan Revision for Clean Air Act Section 

11 O(a)(2)(A)-(M) Requirements for Nitrogen Dioxide- Request For Comments 

Dear Ms. Esher: 

Enclosed for your agency's review and comment is a copy of the proposed West Virginia State 

Implementation Plan (SIP) revision for the Clean Air Act Section 11 O(a)(2)(A)-(M) requirements 

for nitrogen dioxide. In this proposed SIP revision, the State is demonstrating that it has adequate 

resources and authority to implement the 2010 1-hour nitrogen dioxide NAAQS. Compliance with 

specific CAA section 11 O(a)(2) requirements is detailed in a document demonstrating that the State 

meets these express requirements through authorities granted under state laws and regulations, as 

well as implementation of existing air programs. 

DEP is seeking comments on whether the document adequately demonstrates West Virginia's 

compliance with the pertinent federal CAA mandates related to these infrastructure elements. We 

are announcing an oppmiunity for public comment on this proposed SIP revision. The public 

comment period begins November 2, 2012 and ends December 3, 2012. A copy of the public notice 

is also enclosed. Please submit any written comments to my attention at the above address. If you 

or your staff has any questions or needs more information regarding this matter, please contact me 

at (304) 926-0462. 

JAB/jlm 

Enclosure 

cc: Marilyn Powers 

John A. Benedict 

Director 

Promoting a healthy environment. 
west virginia department of environmental protection

Proposed West Virginia 

State Implementation Plan Revision for 

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

Requirements for Nitrogen Dioxide 

November 2, 2012 

West Virginia Division of Air Quality 

601 57th Street, SE 

Charleston, W.Va. 25304 

Promoting a healthy environment 
This page intentionally left blank.
Proposed West Virginia State Implementation Plan Revision for 

Clean Air Act Section 110(a)(2)(A)-(M) Requirements for Nitrogen Dioxid

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, Suto the SIP, West Virginia is demonstrating that it has adequate resources and authority to implement the 2010 1-hour NAAQS. The 2010 1-hour NO2 NAAQS are incorporated by reference in West Virginia legislative Rule 45CSR8. This SIP revision addresses requirements of Section 110(a)(2)(A)-(M) of the Clean Air Act (CAA) many of which h

other SIP revisions. It is a compilation of elements that demonstrate how the 2010 1-hour NO2 NAAQS is being imp

enforced in West Virginia. The elements of this SIP revision, once approved by EPA, will provide a federally enforc

West Virginia will continue to comply with the Section 110(a)(2) requirements of the CAA. In 1961, the State Legislature passed the Air Pollution Control Law of West Virginia, making West Virginia the sixtstatewide 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 implement state and federal requirements for fifty years as most recently approved revision to the West Virginia hospital/medical/infectious waste incinerator (HMIWI) Section 111(d)/129 pWest Virginia’s Regional Haze SIP revision, and approval of revisions to West Virginia’s Prevention of Significant Quality SIP. Legislative authority for the West Virginia air quality program relating to the responsibilities in the Clethe West Virginia Air Pollution Control Act (APCA), W.Va. Code §22-5, more specifically §22-5-1, which gives W

responsibility for assuring air quality pursuant to the CAA. Many elements of Section 110(a)(2)(A)-(M) already exis

recently submitted SIP revisions for other NAAQS. This SIP revision may reiterate and/or reinforce some of these prand/or approved elements. Some requirements, such as those for intergovernmental consultation, air quality modelinPart D of the CAA, are fulfilled during the development and submission to EPA, as a SIP revision, of attainment plarequirements under Subpart 1 and Subpart 5 of the CAA. On February 17, 2012, EPA rule established air quality dethe United States for the 2010 1-hour NO2 NAAQS. In the final rule at 77FR9584, EPA designated the entire state o

unclassifiable/attainment for the 2010 1-hour NO2 NAAQS. 
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 Measurehas 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 implemented under thAPCA are currently in effect and codified at Title 45 of the West VirgRules, including the ambient air quality standards for criteria polluta2010 1-hour NO2 NAAQS) contained in legislative rule 45CSR8. Enf

limitations and other control measures for NO2 may be found in t

Rules as necessary or appropriate to meet the applicable requiremen45CSR11 - The purpose of this West Virginia SIP approved rule (provide a mechanism to prevent the buildup of air pollutant concperiods of adverse meteorological conditions in which air pollutants thereby preventing the occurrence of an emergency due to the pollutants on health. To achieve this purpose, three stages of concentration levels) have been established and specific emission rebe developed which will be initiated at each criteria stage to deterioration of the air supply to any air quality region or substanti45CSR11 contains episode criteria, methods of measurement, prestrategies and emission reduction plan requirements for sources of 

West Virginia. 45CSR13 - The purpose of this West Virginia SIP approved rule (72forth the procedures for stationary source reporting, and the criterpermit to construct and operate a new stationary source which stationary source, to modify a non-major stationary source, to mwhich are not major modifications to an existing major stationary snon-major stationary sources within the state of West Virginia. NO

pollutant’” as defined under 45CSR13-2.20.b. An emissions increase per hour and ten (10) tons per year or more, or more than 144 pouday of NO2 triggers a modification under 45CSR13. 

45CSR14 - The purpose of this West Virginia SIP approved rule (satisfy the prevention of significant deterioration permit program reqC of the CAA. 45CSR14 contains a significant impact level for NO

annual averaging times and a de minimis air quality impact concent

over an annual averaging time. 45CSR14 also contains a mapollutant concentration increase over baseline concentration for NO2 
§110(a)(2)(A) (continued) 

μg/m3 for annual arithmetic mean averaging time in Class I, Clas

areas, respectively, and a maximum allowable pollutant concentratminor source baseline concentration for NO2 of 25 μg/m3 for annua

averaging time. A PSD source in an attainment area may have 

limitation in a permit under 45CSR14 based upon a BACT analysis iCAA Sections 165(a)(3) and (4). 45CSR16 - The purpose of this rule is to incorporate the fedPerformance Standards under Part A of the Clean Air Act and 40 CVirginia received NSPS program delegation for Part 60 NSPS 45CSR16 on December 14, 1984 at FR48692. West Virginia has rdelegation of authority to enforce part 60 NSPS in accordance w03/19/01, and 01/08/02 as well as EPA’s Notice at 67FR15486. Allimitations or standards of performance for NO2 promulgated unde

are incorporated by reference under 45CSR16, except any limitatio

may be included in Subparts B, C, Ca, Cb, Cc, Cd, Ce, Ea, Eb, EBBBB, CCCC, DDDD, EEEE, FFFF, LLLL and MMMM. 45CSR18 - The purpose of this rule is to adopt standards of establish emission guidelines and compliance times pursuant to Se129 of the federal Clean Air Act for solid waste combustion sources EPA recently approved West Virginia’s Section 111(d)hospital/medical/infectious waste incinerators at 77FR3389. Section waste combustion sources in West Virginia are subject to any 

standard of performance or emission guideline promulgated unSubparts Eb, AAAA, Ec, Ce, CCCC, DDDD, EEEE and LLLL. 45CSR19 - The purpose of this West Virginia SIP approved rule (satisfy the nonattainment area new source review permit program Part D of the CAA. 45CSR19 contains a significance level for NO

impact level (ambient air concentration increase) of 1.0 μg/m3 for times. West Virginia has no designated NO2 non-attainment areas. 

45CSR30 - This West Virginia rule establishes a permitting program V of the CAA. Any major stationary source subject to enforceab

limitations or control measures pursuant to 45CSR11, 45CS45CSR16, 45CSR18 or 45CSR19 will be contained in a permit Virginia under its established Title V permit program. The effectivapproval of West Virginia’s Title V Program and 45CSR30 was 12approved the West Virginia Title V program via direct final rule publ(66FR50325). EPA approved revisions to 45CSR30 contained in DAvia a separate DFR published on 10/09/01 (66FR51318). These federally effective 11/23/01. West Virginia submitted a revision Operating Permit Program to EPA Region III on June 6, 2012. 
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 anabatement”. 

§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 Virg1(a)(1), “protecting the environment is fundamental to the healindividual citizens,” and, the state “has a duty to provide and menvironment for our citizens.” Under §22-1-1(a)(2), “the state responsibility for protecting the environment.” §22-1-1(b) “destablishment of a department of environmental protection is in the that “It is the policy of the state .....to use all practical means and m

or eliminate harm to the environment and biosphere, to create and munder which man and nature can exist in productive harmony, .....” Additionally, §22-5-1 declares the state’s public policy “to fulfill its pr

for 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 enviro

require 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 WVDEP Cabinet Secretary “is the chdepartment” with the powers, duties and authority pursuant to §§22-5

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”. 

Monitoring System Operation: On February 17, 2012, EPA prom

designations for the 2010 1-hour NO2 NAAQS. In this final rule at 77

state of West Virginia is designated unclassifiable/attainment for the 

NAAQS. Because West Virginia has no NO2 nonattainment areas an

thresholds of the criteria to establish NO2 monitoring, no monitoring 

necessary. 
§110(a)(2)(B) (continued) 

Availability of Data: In order to keep EPA informed of planned cha

sites, WVDEP provides EPA Region III with adequate prior notificatio

changes and anticipated approvals of the changes are communicaannual basis, WVDEP 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 chaninformation relevant to the change. West Virginia’s 2011 Annual Air Network Design Plan was submitted to EPA on June 22, 2011, approved by EPA via letter received by West Virginia on December 27, 2012, West Virginia submitted a 2012 Annual Air Quality MDesign Plan to EPA. As provided in West Virginia Code, §§22-5-4(a)(2), 22-5-10 and §

CAA, WVDEP will collect and report to EPA ambient air quality dacomply with the federal requirements of 40 CFR §58.16. The data ivalidated, and entered into the EPA air quality system (AQS) for upprescribed AQS procedures. The EPA AQS receives each report wthe end of the quarterly reporting period. Data is certified annually as 

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 2010 1-Hour NO2 NA

§22-1-6(a), the WVDEP Cabinet Secretary “is the chief officer of the the powers, duties and authority pursuant to §§22-5-2(3) and 22-5-4The Secretary has the authority under W.Va. Code §§22-1-3(a), 225-4(a)(17) to promulgate rules in accordance with the Administrativ(W.Va. Code §§ 29A3-1 et seq.) The Secretary has the authority under W.Va. Code §22-5-4(a)(5requiring compliance with the provisions of this article and t

promulgated 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 ascertaicompliance with this article and the rules promulgated under the article.” The Secretary has the authority under W.Va. Code §22-5-4(a)(16necessary and convenient to prepare and submit a plan oimplementation, maintenance and enforcement of the Federal Clean 
§110(a)(2)(C) (continued) 

The 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 §22-5rules 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 45C45CSR19 or 45CSR30 (see below). Regulation of the Modification and Construction of StationaPrevention of Significant Deterioration (PSD) and nonattainment aReview (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 of air pollutants regulated under the CAA as well as any precursors t

that pollutant when identified for regulation by EPA. For the 2010 1-h

West Virginia's permitting program includes the following three SINSR rule 45CSR13 (72FR5932) which provides a permitting prograand modification of minor sources, PSD rule 45CSR14 (77FR6373the prevention of significant deterioration permit program requiremenCAA, and NNSR rule 45CSR19 (71FR64468) which satisfies the nonew source review permit program requirements set forth in Part D Virginia also has an approved Title V operating permit program (66FWest Virginia’s SIP-approved minor NSR permitting program (72FR5932) provides regulation of the modification and conststationary sources as necessary to assure that the 2010 1-hour 

achieved. EPA has not proposed to amend the PSD regulations with regard t

NO2 NAAQS. However, West Virginia will revise its PSD program 

(77FR63736) to address any applicable EPA amendments of the 

within three years from the date of such amendments. West Virginia is authorized to implement its existing PSD permit prensure that the construction and modification of major stationary cause or contribute to a violation of the 2010 1-hour NO2 NAA

approved PSD rule 45CSR14 (77FR63736). The PSD program wgrowth and provide for continued maintenance of the standard. 
The purpose of 45CSR14 is to satisfy the prevention of significant dprogram requirements in Part C of the CAA. 45CSR14 contains a level for NO2 of 1.0 μg/m3 for annual averaging times and a de m

impact concentration of 14 μg/m3 over an annual averaging tim

contains a maximum allowable pollutant concentration increasconcentration for NO2 of 2.5, 25 and 50 μg/m3 for annual arithmeti

time in Class I, Class II and Class III areas, respectively, and a mpollutant concentration increase over minor source baseline concen

25 μg/m3 for annual arithmetic mean averaging time. A PSD sourc

area may have a NO2 emission limitation in a permit under 45CSR

BACT analysis in accordance with CAA Sections 165(a)(3) and (4). West Virginia PSD rule 45CSR14 limits PSD applicability with respegas-emitting sources by adopting the applicability thresholds inTailoring Rule. West Virginia’s 2012 legislative rule 45CSR14 be

June 1, 2012. The fully-adopted rule was submitted to EPA as a SIP 6, 2012. West Virginia NNSR rule 45CSR19 (71FR64468) satisfies the nonew source review permit program requirements in Part D of the 2012, West Virginia submitted a subsequent revision to the SIrevisions to 45CSR19 that include new Significant Impact Levels pro45CSR19 contains a significance level for NO2 and significant imp

air concentration increase) of 1.0 μg/m3 for annual averaging times. 

no designated NO2 non-attainment areas. West Virginia will revise i

to address any applicable EPA amendments of the NO2 NNSR 

years from the date of such amendments. 45CSR30 - This West Virginia rule establishes a permitting program V of the CAA. Any major stationary source subject to enforcea

limitations or control measures pursuant to 45CSR11, 45CS45CSR16, 45CSR18 or 45CSR19 will be contained in a permit Virginia under its established Title V permit program. The effectivapproval of West Virginia’s Title V Program and 45CSR30 was 12approved the West Virginia Title V program via direct final rule publ(66FR50325). EPA approved revisions to 45CSR30 contained in DAvia a separate DFR published on 10/09/01 (66FR51318). These federally effective 11/23/01. 

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

(i) prohibiting, consistent with the 

Significant Contribution and Interference with Maintenance: EP

all monitored areas throughout the nation, including all states wVirginia, as unclassifiable/attainment for the 2010 1-hour NO2 NAAQ
§110(a)(2)(D) (continued) 

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

are no NO2 nonattainment areas, there are no sources within Wes

NO2 which contribute significantly to nonattainment in, or interfere 

by, any other state with respect to the 2010 1-hour NO2 NAAQS. 

As set forth in 45CSR14-4, ambient air quality increments and ceilingto a state boundary. Pursuant to the public review procedures set forWest Virginia must provide notice to any state affected by a prmodification. The WVDAQ must send a copy of the advertisement the Administrator, and to officials and agencies having cognizance where the proposed construction would occur as follows: any othepollution control agencies, the chief executives of the city and county 

would be located; any comprehensive regional land use planning aand any Federal Land Manager, whose lands may be affected by esource or modification. As set forth in 45CSR14-9, any person proposing to construct ostationary source or to make a major modification must demonstemission increases from the proposed source or modification, in cother applicable emission increases or reductions (including secwould not cause or contribute to air pollution in violation of any NaQuality Standard or any applicable maximum allowable increase concentration in any area. 

Interference With Required Measures Under Part C: Because 

nonattainment areas, there are no sources within West Virginia measures in an applicable implementation plan for any other state uCAA to prevent significant deterioration of air quality or to protVirginia confirms that new major sources and major modificationsubject to PSD under legislative rule 45CSR14. The purpose of this approved rule (77FR63736) is to satisfy the prevention of signifpermit program requirements in Part C of the CAA. Under applications filed by any person to construct major new or modpollution sources, intending to locate in areas with air quality better to protect the public health and welfare, or that might impact tadequately meet the pre-construction review procedures and condAir Act as amended ....”. This rule includes specific federal requiremthat new or modified sources do not interfere with measures to deterioration of air quality by providing a mechanism to prevent the dnew non-attainment problems. 45CSR14 requires the evaluation pollutants and to preclude the construction or relocation of any majoor major modification in any area classified as attaining National AStandards or unclassifiable in which the establishment of such soumay interfere with the goals of the prevention of significant deteriolevels. 
West Virginia confirms that new major sources and major moattainment areas of the state are subject to NNSR under legislatThe purpose of this West Virginia SIP approved rule (71FR64468nonattainment area new source review permit program requiremenCAA. West Virginia has no designated NO2 non-attainment areas. 

Protect Visibility: West Virginia received partial approval of its RegMarch 23, 2012 at 77FR16973. Ensuring Compliance with Sections 126 and 115: West Virginia that it has met its obligations pursuant to CAA Section 126(a) throu45CSR14-7, Public Review Procedures which requires notification potential impacts from a source. West Virginia has no currently ppursuant to CAA Section 126(b). West Virginia has submitted to EPfully-adopted PSD program under 45CSR14 that applies to apollutants, including GHG. 45CSR14 limits PSD applicability greenhouse gas-emitting sources by adopting the applicability threEPA’s Tailoring Rule. West Virginia’s 2012 legislative rule 45CSR1on June 1, 2012. The fully-adopted rule was submitted to EPA as June 6, 2012. West Virginia has made the necessary submittals to West Virginia has adequate provisions ensuring future comrequirements of Section 126(a) of the CAA as may be necessapending actions pursuant to NO2 and Sections 126(b) or (c), o

applicable to West Virginia. 

§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 implementation plan (and is not prohibited by any provision of 

Personnel: WVDEP has demonstrated adequate personnel implementation plan with respect to the 2010 1-hour NO2 NAAQ

employs adequate personnel and retains specialists under W.Va. Cthat are "necessary, incident or convenient" to accomplish the stacarry out the implementation plan. WVDAQ has a staff of approxiemployees. The West Virginia Air Director supervises the air monand enforcement, hazardous waste, permitting and planning sectionregional DAQ offices, and answers to the WVDEP Cabinet Secretarnature of the national and state economies, WVDAQ does not antic

in resources considered necessary during the 5 years following Sprojects a similar resource need at 1, 3, and five year intervals. Funding: The APCA (Chapter 2, Article 5 of the W.Va. Code) funding under W.Va. Code §§22-1-10(a) and 22-5-4(a)(17) implementation plan. W.Va. Code §22-5-12 sets forth the statutorrequirements for stationary sources under Title V of the CAA. 45Cfees sufficient to cover the direct and indirect costs of administerin
§110(a)(2)(E)(i) (continued) 

federal or state law from carrying out such implementation plan or portion thereof); 

control planning process, Title V operating permit program, anpollution control program authorized by statute. The APCA alestablishment of fees to cover non-Title V permitting costs under quality program also receives revenue from fines and penalties (AFund) and federal funds under Section 105 and 103 of the CAA, and appropriations. Legal Authority: The APCA, W.Va. Code §22-5-1, declares the staits primary responsibility for assuring air quality" pursuant to the C

Cabinet Secretary is authorized under W.Va. Code §§22-1-6(c)(1) acarry out and represent the state in any and all matters implementation plan, including revising the SIP as necessary. The authority under W.Va. Code §22-5-4(a)(16) “to do all things necessato prepare and submit a plan or plans for the implementation, enforcement of the Federal Clean Air Act ....” The Secretary is noprovision of federal or state law from carrying out the implementatthereof. The legal authorities specified are available to the WVDEP at the time of submission of this SIP revision. West Virginia has adopted emission standards and limitations an

necessary 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 promulgated under t

APCA are currently in effect and codified at Title 45 of the Codincluding the 2010 1-hour NO2 NAAQS and NAAQS for other 

contained in SIP approved rule 45CSR8 (77FR56125). Strequirements are set forth in W.Va. Code §§22-5-11 & 12. West Virapproved air permitting program for both major and minor facilities45CSR13, 45CSR14, 45CSR19 and 45CSR30 (as applicable). The WVDEP Cabinet Secretary is authorized to enforce applicable and standards under WV Code §§22-1-6(d)(3), 22-05-4(a)(5) and seek injunctive relief under WV Code §22-5-7. The WVDEP Cabinet Secretary is authorized to abate pollutant emergency basis to prevent substantial endangerment to the health Code §22-5-5 authorizes the Secretary to issue an order to ceaactivity that violates the APCA. 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 of NO2 emissions, thereby preventing the emissio

which substantially contributes to an emergency that requires im
§110(a)(2)(E)(i) (continued) 

protect public health. As provided in West Virginia Code, §§22-5-4(the Secretary may consult with EPA to affirm accuracy of any infor

while executing authority under §§22-5-5, -6, -7 or -8. The WVDEP Cabinet Secretary is authorized to prevent constructiooperation of a facility, building, structure, or installation, or combinadirectly or indirectly results or may result in emissions of any alocation which will prevent the attainment or maintenance of a natio

major sources and major modifications in West Virginia are subjlegislative rule 45CSR14. The purpose of this West Virginia S(77FR63736) is to satisfy the prevention of significant deterioratiorequirements in Part C of the CAA. Under 45CSR14, “.....all applicperson to construct major new or modified stationary air pollution solocate 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 neproblems. 45CSR14 requires the evaluation of sources of air pollutathe 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 modificwith the goals of the prevention of significant deterioration of air qualPursuant to W.Va. Code §22-5-4(a)(14), the WVDEP Cabinet Secrto obtain information necessary to determine whether air pollutiocompliance with applicable laws, regulations, and standards. Under 4(a)(14) and 22-5-4(a)(15), the WVDEP Cabinet Secretary is autrecordkeeping. Under W. Va. Code §22-5-44(a)(9), the WVDEP Caauthorized to and to make inspections and conduct tests of air pollut

Under W.Va. Code §22-5-4(a)(15), the WVDEP Cabinet Secretar

require owners or operators of stationary sources to install, maintain

monitoring devices and to make periodic reports to the State oamounts of emissions from such stationary sources. Under WV CWVDEP Cabinet Secretary is authorized to make such data availabreported and as correlated with any applicable emission standards o

§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: Because West Virginia does which approves permits or enforcement orders, this element is not ap
§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 inst

implementation of any state implementation plan provision for the 

NAAQS. West Virginia will retain primacy with respect to any future local or regional governments, agencies or instrumentalities. By stahas 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 implementation, maintenance and enforcement of the Federal Clean 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.” 

§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 inspection; 

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 NO2 from such sources as the Secretary may pr

authority, West Virginia requires the installation, maintenance, amonitoring equipment at stationary sources through permits issued 45CSR14, 45CSR19, 45CSR30, and via compliance orders. West to the Air Emission Reporting Rule (AERR) set forth in 40 CFR PWVDAQ’s emissions inventory program provides source-specific EPA pursuant to the AERR reporting requirements. 

45CSR16 - The purpose of this rule is to incorporate the fed

Performance Standards under Part A of the Clean Air Act and 40 current monitoring requirements for NO2 promulgated under 40 

incorporated by reference under 45CSR16 except any limitation or be included in Subparts B, C, Ca, Cb, Cc, Cd, Ce, Ea, Eb, Ec, WWCCCC, DDDD, EEEE, FFFF, LLLL and MMMM. 45CSR18 - The purpose of this rule is to adopt standards of establish emission guidelines and compliance times pursuant to Se129 of the federal Clean Air Act for solid waste combustion sourceSection 111(d)/129 solid waste combustion sources in West Virginia applicable NO2 monitoring requirement promulgated under 40 CFR 

AAAA, Ec, Ce, CCCC, DDDD, EEEE and LLLL. Reporting: In accordance with the emission reports and recordkeeset forth in 40 CFR §51.211, W.Va. Code §§22-5-4(a)(15) authorize
require periodic reports on the nature and amounts of emissions and data from owners or operators of stationary sources (monitoring data

to W.Va. Code §§22-5-4(a)(14), the Secretary is authorized to requiras the Secretary may require in a form or manner prescribed (emissions inventory program). Under this authority, West Virginia reports on the nature and amounts of emissions and emissionsstationary sources through permits issued under 45CSR13, 45C45CSR30 and via compliance orders. WVDAQ periodically reports information to EPA as required by 40 CFR Part 51, Subparts A and K45CSR16 - The purpose of this rule is to incorporate the fedPerformance Standards under Part A of the Clean Air Act and 40 current reporting requirements for NO2 promulgated under 40 

incorporated by reference under 45CSR16 except any limitation or be included in Subparts B, C, Ca, Cb, Cc, Cd, Ce, Ea, Eb, Ec, WWCCCC, DDDD, EEEE, FFFF, LLLL and MMMM. 45CSR18 - The purpose of this rule is to adopt standards of establish emission guidelines and compliance times pursuant to Se129 of the federal Clean Air Act for solid waste combustion sourceSection 111(d)/129 solid waste combustion sources in West Virginia applicable NO2 reporting requirement promulgated under 40 CFR 

AAAA, Ec, Ce, CCCC, DDDD, EEEE and LLLL. Correlation of Reports: W.Va. Code §22-1-6(d)(3) authorizes “investigate for violations of statutes or rules which the departmeenforcing.” §22-5-4(a)(3) authorizes the Secretary to correlate preports with any NO2 emission limitations or standards establ

45CSR11, 45CSR13, 45CSR14, 45CSR18, 45CSR19, 45CSR30 oforth in W.Va. Code §22-5-10, the Secretary makes available at republic inspection the periodic emissions reported under §§22-5-4(Secretary has the responsibility of making all records, reports or inby the Department or referred to at public hearings under the proviavailable to the public, except to the extent the records, reports protected by confidentiality pursuant to 45CSR31. The types of recprovides access to include notifications, inspection reports, noenforcement orders, applications, permit review letters, sample reports, permits, approvals and denials that would relate to §110generally makes information available for public access through its makes hard copy reports available upon written request. CEMS euploaded to AIRS and CAMD, and EPA may make such data availab

§110(a)(2)(G) provide for authority comparable Comparable Authority: W.Va. Code §22-5-5 authorizes the Sec
to that in section 303 and adequate contingency plans to implement such authority; 

order to cease and desist any activity that violates the APCA. The S

suspend, modify or revoke a source’s permit. Under §22-5-6, the Sinstitute lawsuits for civil penalties. §22-5-7 authorizes the Sapplications for injunctive relief. §22-5-8 authorizes the Secretaryauthorization of the Governor, to shut down a source of NO2 e

preventing the emission of air pollutants which substantially emergency that requires immediate action to protect public health. AVirginia Code, §§22-5-4(a)(2) and 22-5-10, the Secretary may coaffirm accuracy of any information considered while executing autho5, -6, -7 or -8. Contingency Plans: West Virginia satisfies the criteria to be clasRegion under 40 CFR §51.150(f) for NO2, as it does not meet the cri

CFR §§51.150(a)-(e). Pursuant to 40 CFR §51.152(c), areas classifinot need to develop episode (contingency) plans. 45CSR11 - The purpose of this West Virginia SIP approved rule provide a mechanism to prevent the buildup of air pollutant conperiods of adverse meteorological conditions in which air pollutants thereby preventing the occurrence of an emergency due to the pollutants on health. To achieve this purpose, three (3) stages oconcentration levels) have been established and specific emission rbe developed which will be initiated at each criteria stage t

deterioration of the air supply to any air quality region or substant45CSR11 contains episode criteria, methods of measurement, prestrategies and emission reduction plan requirements for sources of 

West Virginia. 

§110(a)(2)(H) 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 

Revision of NAAQS: To satisfy the SIP revision provisions se§51.104, W.Va. Code §22-5-4(a)(16) authorizes the Secretary necessary and convenient to prepare and submit a plan for th

maintenance and enforcement of the Clean Air Act. WVDEP has hand will continue to revise its NAAQS rules as necessary to take aof the national primary or secondary ambient air quality standards or expeditious methods of attaining the standards. Below are brexamples of how West Virginia has promulgated various version45CSR8 to incorporate revisions to the primary and secondary NAAQOn February 10, 2009, West Virginia received full SIP approval of its 45CSR8 (74FR6552). This rule contains ambient air quality standpollutants, including the 2006 PM2.5 NAAQS, equivalent to the na

secondary ambient air quality standards established under Section 1Act, and promulgated by the United States Environmental Protection 
§110(a)(2)(H) (continued) 

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; 

CFR Part 50 through June 1, 2007. The 2009 version of 45CSR8 includes the revised the 8-hour primozone NAAQS. Revisions to the rule also include deletion of referen

one-hour ozone NAAQS. EPA announced reconsideration of the 

secondary ozone standards on September 16, 2009. Subsequentadvised the WV DAQ that 45CSR8 may not be approvable into the 

ozone standard is under reconsideration. At the request of EPA R

was withdrawn as a revision to the SIP on November 16, 2009. The 2010 version of 45CSR8 included the revised national primary aNAAQS and deletion of redundant methods of measurement langEPA Region III advised the WV DAQ that the 2010 version of 45

approvable into the SIP because the ozone standard is under reco

request of EPA Region III, 45CSR8 was not submitted as a revision tWest Virginia submitted a NAAQS SIP revision to EPA Region II

Revisions to the 2011 version of NAAQS rule 45CSR8 provide foreference of the NAAQS as promulgated by the EPA as of June 1reiterating the NAAQS in the rule. EPA has revised the primarNAAQS, and 45CSR8 incorporates by reference the 2010 1-hour 

September 12, 2012, West Virginia received full SIP approval of 2(77FR56125). West Virginia submitted a NAAQS SIP revision to EPA Region III 

Revisions to the 2012 version of the rule incorporate by reference th

NAAQS. Specifically, EPA established a new 1-hour SO2 standard a

per billion (ppb), based on the 3-year average of the annual 99th pdaily maximum concentrations. 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, is substantially inadequate to attain the NAAQS which it implemencomply with the CAA, West Virginia will revise the plan as necessary 

§110(a)(2)(J) 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 12W.Va. APCA provides adequate authority under W.Va. Code §22-Virginia’s practices of consultation with local governments, organManagers for purposes of air pollution control. WVDEP also consultregarding implementation plans for air quality maintenanpreconstruction review of direct sources, nonattainment requiremenof significant deterioration. For the 2010 1-hour NO2 NAAQS
§110(a)(2)(J) (continued)

permitting program includes three SIP approved rules: minor NS(68FR9559), PSD rule 45CSR14 (77FR63736), and major (71FR64468). West Virginia also has an approved Title V operati(66FR50325). WVDEP has previously demonstrated a comconsultation through encouragement and support for an Early Actthrough Federal Land Manager consultation for the WV 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 compreAnnual 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 b

regulation under PSD, West Virginia’s PSD rule 45CSR14 implementation of any new PSD requirements that are triggered upoof any new NAAQS. West Virginia submitted 2012 PSD rule 45revision to EPA Region III on June 6, 2012. This fully-adopted 

regulated NSR pollutants, including greenhouse gases. There are no new applicable visibility protection obligations under Sas a result of the 2010 1-hour NO2 NAAQS. 

§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)&(3

Secretary to “develop ways and means for the regulation and contro

air of the state” and “conduct such studies and research relating to 

control and abatement”. Inherent in West Virginia's authority to mee

to conduct studies and research is the obligation for WVDEP to perequired under the CAA to demonstrate attainment of the NAAQS, aAdministrator. WVDAQ employs one full time technical employee w

for air quality modeling. WVDEP also participates in regional plansuch as the Southeastern Modeling Analysis and Planning projecperforms NAAQS modeling for member states. Any air quality conducted with respect to the NO2 NAAQS may be source-oriented 

such as AERMOD. 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 a
which 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. West Virginia can also provide relevant data as implementation process. 

§110(a)(2)(L) §110(a)(2)(L) (continued) 

require the owner or operator of 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; 

Permit Fees for Permit Review, Implementation and Enforcemehas SIP approved PSD rule 45CSR14 (77FR63736) and major NS(71FR64468) (construction permits). Program permit fees are cont

The collected fees have been sufficient to cover permit review, anand enforcement of permit terms and conditions. West Virginia also has an approved Title V operating permit program (66FR50325). 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. 

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

participation by local political subdivisions affected by the plan; 

Consultation: The WVDEP Cabinet Secretary has the authority u§22-5-4(a)(16) “to do all things necessary and convenient to prepare or plans for the implementation, maintenance and enforcement of Air Act .....” Under this statute, and pursuant to the General Plan forth in 40 CFR §51.240, the West Virginia Division of Air Quality 

authorized to develop, implement and enforce the SIP. W.Va. C

authorizes the Secretary to advise, consult and cooperate wsubdivisions affected by the implementation plan. West Virginia cgovernments, organizations and Land Managers with respect to SIP 
WVDAQ also consults with such entities regarding implementation pmaintenance requirements, preconstruction review of direct sourcrequirements, 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 popportunity for a public hearing. State rules which contain sprocedures include permitting rules 45CSR13, 45CSR14, 45CSR19