west virginia department of environmental protection

Final State Implementation Plan Revision 

Section 110(a)(2)(A)-(M) Requirements 

For Ozone and Fine Particulates 

May 22, 2008 

West Virginia Division of Air Quality 

601 57th Street, SE 

Charleston, W.Va. 25304 

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

Section 110(a)(2)(A)-(M) Requirements for Ozone and Fine Particulates

A State Implementation Plan (SIP) is a plan for each state that identifies how that state will attain and/or maintain secondary National Ambient Air Quality Standards (NAAQS). The SIP is a complex, fluid document containing specific requirements, non-regulatory items such as plans and inventories, and in some cases additional requiremthe U.S. Environmental Protection Agency (EPA). The initial SIPs for states were approved by EPA on May 31, revised by the state with EPA approval as necessary. The federally enforceable SIP for West Virginia is compile

Subpart XX. This SIP revision addresses those requirements of Section 110(a)(2)(A)-(M) of the Clean Air Act (CAA) that havin other SIP revisions. It is a compilation of certain elements that demonstrate how the eight-hour ozone and fine 

NAAQS are being implemented, maintained and enforced in West Virginia. The elements of this SIP revision, onwill provide a federally enforceable written confirmation of how West Virginia will continue to comply with the requirements of the CAA. Legislative authority for the West Virginia air quality program relating to the responsibilities in the Clean Air AcWest Virginia Air Pollution Control Act, W.Va. Code §22-5, more specifically §22-5-1, which gives West Virgiresponsibility for assuring air quality pursuant to the CAA. Those requirements of Section 110(a)(2)(A)-(M) that are already in the approved SIP or recently submitted SIP r

enforceable emission limits, enforcement, monitoring, and emissions reporting; recordkeeping and reporting requvisibility and permit fees. This SIP revision may reinforce some of these previously approved elements. Some requirements, such as those for intergovernmental consultation, air quality modeling and compliance with 

are fulfilled during the development and submission to EPA, as a SIP revision, of attainment plans and related reSubpart 1 and, in the case of ozone, Subpart 2 of the CAA. West Virginia intends to submit a PM2.5 attainment demonstration for some of West Virginia’s PM2.5 non-attainm

2008. The remainder is expected by the end of 2008. In the case of ozone, West Virginia submitted redesignation requests and maintenance plan SIP revisions for the nonattainment areas in the state: 
8-Hr Ozone Redesignation Requests & Maintenance Plans 

Summary of Important Actions and Dates

Area

SIP 

Submittal 

Date

Completeness 

Letter EPA FR Proposed EPA FR Final 

Charleston 11/30/2005 2/22/2006 71 FR 26299, 04 MAY 2006 71 FR 39001, 11 JUL 2006 

Huntington 5/17/2006 6/8/2006 71 FR 39618, 13 JUL 2006 71 FR 54421, 15 SEP 2006 

Wheeling 7/24/2006 8/10/2006 71 FR 57894, 02 OCT 2006 72 FR 27247, 15 MAY 200

Weirton 8/3/2006 8/16/2006 71 FR 57905, 02 OCT 2006 72 FR 27060, 14 MAY 200

Parkersburg 9/8/2006 10/2/2006 72 FR 1474, 12 JAN 2007 72 FR 25967, 08 MAY 200

Greenbrier 11/29/2006 4/26/2007 72 FR 62809, 07 NOV 2007 73 FR 1282, 08 JAN 2008 

Charleston 

Update 1/8/2007 5/15/2007 73 FR 2209, 14 JAN 2008 73 FR 2156, 14 JAN 2008 
Section 

110(a) element 

Each implementation plan 

submitted by a State under this 

Act shall: 

West Virginia Implementation 

§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 Virginia “protecting the environment is fundamental to the health and welfacitizens,” and, the state “has a duty to provide and maintain a heaour citizens.” Under §22-1-1(a)(2), “the state has the primary respprotecting the environment.” §22-1-1(b) “declares that the establisdepartment of environmental protection is in the public interest” anof the state .....to use all practical means and measures to preventhe environment and biosphere, to create and maintain conditions nature can exist in productive harmony, .....” Additionally, §22-5-1 declares the state’s public policy “to fulfill its for assuring air quality pursuant to the ‘Federal Clean Air Act’, as As set forth in §22-1-1(b)(5), the WVDEP, “insofar as federal enrequire state participation” must “endeavor to obtain and continuadministration of such federally-mandated programs,.....and appropriate federal agencies to meet environmental goals.” Under §22-1-6(a), the WVDEP Cabinet Secretary “is the chief offiwith the powers, duties and authority pursuant to §§22-5-2(3) and The Secretary has the authority under W.Va. Code §§22-5-4(a)(1ways and means for the regulation and control of pollution of the a“conduct such studies and research relating to air pollution and its abatement”. Therefore, under manifold statute authority, West Virginia operate

established network of ambient air monitors in West Virginia for thassessing compliance with the National Ambient Air Quality Standprovided for in the CAA, and such standards promulgated by EPA 

and welfare of individual citizens. West Virginia has committed within the 103 grant document to va

and reporting requirements. Additionally, the state has committedocument to monitoring and reporting data for SO2, CO, O3, PM10
§110(a)(2)(B) (continued) 

Monitoring System Operation: To assess NAAQS compliance, network of monitors in West Virginia that have been designated bReference or Equivalent monitors. All ambient air monitors are suAssurance requirements of 40 CFR Part 58, Appendix A. Addition

met the minimum siting requirements of Part 58, Appendix E. Availability of Data: In order to keep EPA informed of planned ch

monitoring network, WVDEP provides EPA Region III with adequa

Details of these changes and anticipated approvals of the changeto EPA. On an annual basis, WVDEP submits to EPA a network dunder 40 CFR §58.10, of any changes to the network. This plan adescription of each change, the reason for each change, and any 

relevant to the change. As provided in West Virginia Code, §§22-5-4(a)(2) and 22-5-10, W

reports to EPA ambient air quality data for SO2, CO, O3, PM10, an

comply with the federal requirements of 40 CFR §58.16. The data validated, and entered into the EPA air quality system (AQS) for uprescribed AQS procedures. The EPA AQS receives each report the end of the quarterly reporting period. Data is certified annually CFR §58.15. WVDEP analyzes such air quality data to determine attainment stdemonstrated by the 8-hour ozone redesignation and maintenancsubmitted and/or approved during calendar years 2006, 2007 and 
Section 

110(a) element 

Each implementation plan 

submitted by a State under this 

Act shall: 

West Virginia Implementation 

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

Legal Authority: The West Virginia Air Pollution Control Act (APC5-1, declares the state's policy "to fulfill its primary responsibility fopursuant to the CAA. The WVDEP Cabinet Secretary is authorize§§22-1-6(c)(1) and 22-5-4(a)(12) to carry out and represent the stmatters pertaining to the implementation plan. The Secretary is alW.Va. Code §22-5-4(a)(16) to do all things necessary and convensubmit a plan. The Secretary is not prohibited by any provision of from carrying out the implementation plan or portion thereof. The Secretary has the authority under W.Va. Code §§22-1-3(a), 24(a)(17) to promulgate rules in accordance with the Administrative 

(W.Va. Code §§ 29A3-1 et seq.) Approximately forty rules revised the APCA are currently in effect and codified at Title 45 of the Codincluding the ambient air quality standards for criteria pollutants co

Statutory permitting requirements are set forth in W.Va. Code §§2Virginia has an EPA-approved air permitting program for both maj

under state rules 45CSR13, 45CSR14, 45CSR19 and 45CSR30 (Personnel: WVDEP has adequate personnel to carry out the imprespect to 8-hour ozone and PM2.5 NAAQS requirements. The Se

adequate personnel and retains specialists under W.Va. Code §2"necessary, incident or convenient" to accomplish the statutory mimplementation plan. Funding: The APCA provides adequate funding under W.Va. Cod2-5-4(a)(17) to carry out the implementation plan. W.Va. Code §2statutory operating permit requirements for stationary sources und45CSR30 establishes fees sufficient to cover the direct and indireadministering the air pollution control planning process, Title V opprogram, and support the air pollution control program authorized also authorizes the establishment of fees to cover non-Title V per45CSR22. The air quality program also receives revenue from finPollution Control Fund) and federal funds under Section 105 and special federal funds for PM2.5, and state general appropriations. 
Section 

110(a) element 

Each implementation plan 

submitted by a State under this 

Act shall: 

West Virginia Implementation 

§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 Secretary installation, maintenance and replacement of equipment, and the other necessary steps by owners or operators of stationary sourceemissions from such sources as the Secretary may prescribe. Un

West Virginia requires the installation, maintenance, and replacemequipment at stationary sources through permits issued under 4545CSR19, 45CSR30, and via compliance orders. The state’s NOx 45CSR26) and CAIR rules (45CSR39, 45CSR40 & 45CSR41) alsinstallation, maintenance, and replacement of monitoring equipmeReporting: W.Va. Code §§22-5-4(a)(15) authorizes the Secretary reports on the nature and amounts of emissions and emissions-reowners or operators of stationary sources (monitoring data). Purs

§§22-5-4(a)(14), the Secretary is authorized to require such inform

Secretary may require in a form or manner prescribed by the Secinventory program). Under this authority, West Virginia requires p

nature and amounts of emissions and emissions-related data from 

through permits issued under 45CSR13, 45CSR14, 45CSR19, 45

compliance orders The state’s NOx SIP Call (45CSR1 & 45CSR2(45CSR39, 45CSR40 & 45CSR41) also require periodic reporting Correlation of Reports: W.Va. Code §22-1-6(d)(3) authorizes th“investigate for violations of statutes or rules which the departmenenforcing.” §22-5-4(a)(3) authorizes the Secretary to correlate per

reports with any emission limitations or standards established pur45CSR14, 45CSR19, 45CSR30 or the CAA. As set forth in W.Va. Secretary makes available at reasonable times for public inspectioemissions reported under §§22-5-4(a)(14) & (15). The Secretary hof making all records, reports or information obtained by the Depaat public hearings under the provisions of the APCA available to t

the extent the records, reports or information are protected by con45CSR31. The types of records DEP routinely provides access to inspection reports, notices of violation, enforcement orders, applicletters, sample results, monitoring reports, permits, approvals and relate to §110(a)(2)(F). WVDEP generally makes information avathrough its website, but also makes hard copy reports available up
Section

110(a) element 

Each implementation plan 

submitted by a State under this 

Act shall: 

West Virginia Implementation 

§110(a)(2)(G) provide for authority comparable 

to that in section 303 and adequate contingency plans to implement such authority; 

Comparable Authority: W.Va. Code §22-5-5 authorizes the Secorder to cease and desist any activity that violates the APCA. The suspend, modify or revoke a source’s permit. Under §22-5-6, the 

institute lawsuits for civil penalties. §22-5-7 authorizes the Secretaapplications for injunctive relief. §22-5-8 authorizes the Secretaryauthorization of the governor, to shut down a source, thereby prev

air pollutants which substantially contributes to an emergency thaaction to protect public health. As provided in West Virginia Code22-5-10, the Secretary may consult with EPA to affirm accuracy oconsidered while executing authority under §§22-5-5, -6, -7 or -8. 

Contingency Plans: At this time, EPA has not promulgated stand

harm levels. EPA also has not promulgated standards for emerge

§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 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; 

Revision of NAAQS: W.Va. Code §22-5-4(a)(16) authorizes the things necessary and convenient to prepare and submit a plan. Wrevised, and will continue to revise its NAAQS rules as necessary revisions of the national primary or secondary ambient air quality or more expeditious methods of attaining the standards. 

Inadequate Plan: When, if ever, EPA finds the SIP is substantially 

the NAAQS which it implements or otherwise to comply with the C

revise the plan as necessary for adequacy. 
Section 

110(a) element 

Each implementation plan 

submitted by a State under this 

Act shall: 

West Virginia Implementation 

§110(a)(2)(I) In the case of a plan or plan 

revision for an area designated as a nonattainment area, meet the applicable requirements of part D (relating to nonattainment areas); 

Non-Attainment Area SIPs: The Secretary is also authorized un

5-4(a)(16) to do all things necessary and convenient to prepare athe CAA. In the case of a implementation plan or plan revision for a non-attainment area, the Secretary shall ensure that the implemrevision meets the applicable requirements Subchapter I, Part D o

§110(a)(2)(J) meet the applicable requirements 

of section 121 (relating to consultation) and section 127 (relating to public notification) 

Consultation: The APCA provides adequate authority under W.Vfor West Virginia’s practices of consultation with local governmentLand Managers with respect to SIP development. WVDEP also coentities regarding implementation plans for air quality maintenanc

preconstruction review of direct sources, nonattainment requireme

significant deterioration. As an example, WVDEP consulted with fon the development of West Virginia’s Regional Haze SIP revisionadditional 30-day review and comment period beyond the generaNotification: W.Va. Code §22-1-12 provides authority for the pub

NAAQS violations and education efforts as required by CAA SectWVDEP issues a comprehensive Air Quality Annual Report, whic

air quality data with the NAAQS, and tracks the Air Quality Index. 

emissions information and air quality highlights from the previous 

public awareness of criteria pollutants and their effects on health; links to tips that improve air quality, links to technical websites and West Virginia has also implemented an anti-idling program to reduschool buses and vehicles at public schools. 
Section 

110(a) element 

Each implementation plan 

submitted by a State under this 

Act shall: 

West Virginia Implementation 

§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 conair of the state” and “conduct such studies and research relating tcontrol and abatement”. Inherent in West Virginia's authority to meconduct studies and research is the obligation for WVDEP to perfrequired under the CAA to demonstrate attainment of the NAAQSAdministrator. WVDEP participates in regional planning organizatAssociation for Southeastern Integrated Planning (ASIP), which pmodeling for member states. West Virginia will continue to perform required under the CAA to demonstrate attainment of the NAAQSSubmission of Data: W.Va. Code §§22-5-4(a)(2), 22-5-10 and 2authorizes the Secretary to submit, upon request by the Administr

predicting the effect on ambient air quality of any emissions of any 

the Administrator has established a national ambient air quality st

will continue to submit the air quality modeling data as part of its rsubmissions and through Federal grant commitments or in other wrequest. 

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

participation by local political subdivisions affected by the plan; 

Consultation: W.Va. Code §22-5-4(a)(2), authorizes the Secretaand cooperate with local political subdivisions affected by the impVirginia consults with local governments, organizations and Land to SIP development. WVDEP also consults with such entities regaplans for air quality maintenance requirements, preconstruction re

nonattainment requirements, and prevention of significant deterio