ion of 110(a)(2)(A)-(M) 8-Hour Ozone NAAQS Requirements in the Current West Virginia SIP

(SIP) is a plan for each state that identifies how that state will attain and/or maintain the primary and secondary

Standards (NAAQS). The SIP is a complex, fluid document containing regulations, source-specific requirements, nonand inventories, and in some cases additional requirements promulgated by the U.S. Environmental Protection Agency

ates were approved by on May 31, 1972. SIPs can be revised by the state with EPA approval as necessary. The federally

ginia is compiled in 40 CFR Part 52 Subpart XX.

equirements of Section 11 0(a)(2)(A)-(M) of the Clean Air Act (CAA) relevant to the eight-hour ozone NAAQS are

rginia’s current SIP or SIP revisions which have been submitted to but not yet approved by EPA. The following table

irements of Section 1 10(a)(2)(A)-(M) are addressed in West Virginia’s current SIP or SIP revisions which have been

ved by EPA.

Provisions in the Current West Virginia SIP or Where Codified or Summary of Element 

recent SIP revisions Submittals approved by EPA

enforceable emission limitations and other control The enforceable emission limitations, control measures and 40 CFR 52.2520(c),

es, means, or techniques (including economic schedules are contained in those provisions of West Virginia’s 2 2 2 

es such as fees, marketable permits, and auctions federally approved NOx SIP Call requirements under State Rules . e

sions rights), as well as schedules and timetables 45CSR1 (71FR56881) and 45CSR26 (67FR31733).

mpliance as may be necessary or appropriate to

e applicable requirements of this Act. Emission limitations and schedules are contained in West Virginia’s

VOC control regulations found in 45CSR21 (60FR6022), whichapply to former 1 -hr. ozone nonattainment areas.

SIP approved rule 45CSR29 (60FR39855) requires the submission

of VOC and NOx emissions statements for sources in Putnam,

Kanawha. Cabell, Wayne. Wood, and Greenbrier counties. Theseprovisions apply to areas hat were formerly designated 1 -hr. ozonenonattainment areas.West Virginia submitted a CAIR SIP revision on June 1, 2006which contained three State Rules; 45CSR39. 45CSR40 and

45CSR41. These rules also contain the monitoring, recordkeeping

and reporting requirements under 40 CFR Part 75.The control measures are identified in the following approved orsubmitted plans: the approved Attainment Demonstration and Early
a program to provide for the enforcement of the

es described in subparagraph (A) and regulation

modification and construction of any stationary

within the areas covered by the plan as necessary

re that national ambient air quality standards are

d, including a permit program as required in parts

;

Action Plan for the Eastern Panhandle Region Ozone Early Action

Compact Area Berkeley and Jefferson Counties (70FR48287).

The approved maintenance plans for the following former 8-hr.ozone nonattainment areas: Charleston (71FR39001), Huntington

(71 FR5442 1), Parkersburg (72FR25967), Wheeling (72FR27060)and Weirton (72FR27247).The Greenbriei Maintenance Plan (submitted 11/29/07), and theCharleston Maintenance Plan Update (submitted 1/8/07).

These limitations are sufficient to demonstrate attainment andmaintenance of the 8-hr. ozone standard in the former WestVirginia 8-hr. ozone nonattainment areas.The provisions of West Virginia’s federally approved NOx SIP Call

requirements under State Rules 45CSRI (71FR56881) and

45CSR26 (67FR3 1733) contain the monitoring, recordkeeping andreporting requirements under 40 CFR Part 75.

West Virginia submitted a CAIR SIP revision on June 1, 2006

which contained three State Rules; 45CSR39, 45CSR40 and

45CSR41. These rules also contain the monitoring, recordkeeping

and reporting requirements tinder 40 CFR Part 75.

The federally approved provisions of West Virginia’s VOC controlregulations under State Rules 45CSR21 (60FR6022). which applyto former 1-hr. ozone nonattainment areas, also include monitoring,recordkeeping and reporting provisions.

SIP approved rule 45CSR29 (60FR39855) requires the submission

of VOC and NOx emissions statements for sources in Putnam,

Kanawha. Cabell, Wayne. Wood, and Greenbrier counties. Theseprovisions apply to areas that were designated 1-hr. ozone

nonattainment areas.

West Virginia’s current permitting program includes three SIP

approved rules: minor NSR rule 45CSR13 (68FR9559), PSD rule45CSR14 (71FR64470), and major NSR rule 45CSR19(71 FR64468).

40 CFR 52.2520(c)

adequate provisions— West Virginia’s SIP currently has approved NOx SIP Call 40 CFR 52.2520(c) requirements under State Rules 45CSRI (71FR56881) and 45CSR26

biting, consistent with the provisions of this title, (67FR3 1733).

urce or other type of emissions activity within the

om emitting any air pollutant in amounts which will- West Virginia submitted a CAIR SIP revision on June 1. 2006 which

contained three State Rules: 45CSR39, 45CSR40 and 45CSR41.
ontribute significantly to nonattainment in, or A SIP revision pertaining oniy to §110(a)(2)(D)(i) was submitted on

e with maintenance by, any other state with October 17. 2007.

t to any such national primary or secondary

nt air quality standard, or West Virginia is not currently subject to requirements under sections

erfere with measures required to be included in the 115 and 126.

ble implementation plan for any other State under

to prevent significant deterioration of air quality or

ect visibility,

uring compliance with the applicable requirements

tions 126 and 115 (relating to interstate and

tional pollution abatement);

quirements that the state comply with the Because West Virginia does not have a board which approves NA

ments respecting state boards under section 128, permits or enforcement orders, this element is not applicable.

essary assurances that, where the state has relied Because the modeling and consequent determination regarding the NA

local or regional government, agency, or attainment status of the Eastern Panhandle counties relied on federal

entality for the implementation of any plan interstate transport programs only rather than the measures contained

n, the state has responsibility for ensuring in the EAC (70FR48287), West Virginia did not rely on local or

te implementation of such plan provision; regional entities for the reductions required for attainment.

as may be prescribed by the Administrator- The provisions of West Virginia’s federally approved NOx SIP Call 40 CFR 52.2520(c). requirements under State Rules 45CSRI (71FR56881) and

installation, maintenance, and replacement of 45CSR26 (67FR3 1733) contain the monitoring, recordkeeping and

ent, and the implementation of other necessary reporting requirements under 40 CFR Part 75.

by owners or operators of stationary sources to

emissions from such sources, West Virginia submitted a CAIR SIP revision on June 1, 2006

iodic reports on the nature and amounts of which contained three State Rules: 45CSR39. 45CSR40 and

ns and emissions-related data from such sources, 45CSR41. These rules also contain the monitoring. recordkeeping

and reporting requirements under 40 CFR Part 75.

relation of such reports by the state agency with

mission limitations or standards established Although EPA may correlate reports for federal trading programs,

nt to this Act, which reports shall be available at West Virginia may also enforce the limitations and standards of the

able times for public inspection; NOx Budget Trading Program as provided in subsection 6.6 of

45CSRI (71FR56881) and 45CSR26 (67FR31733), and provided in

subsection 6.4 of the three State CAIR Rules; 45CSR39. 45CSR40and 45CSR41.The federally approved provisions of West Virginia’s VOC control

regulations under State Rules 45CSR21 (60FR6022). which applyto former I -hr. ozone nonattainment areas, also include monitoring,

recordkeeping and reporting provisions.SIP approved rule 45CSR29 (60FR39855) requires the submission

of VOC and NOx emissions statements for sources in Putnam,
Kanawha. Cabell, Wayne, Wood, and Greenbrier counties. These

provisions apply to areas that were formerly designated 1-hr. ozone

nonattainment areas.

e for authority comparable to that in section 303 and The emergency episode plan provisions of 45CSRI I (58FR34526) 40 CFR 52.2520(c) 

ate contingency plans to implement such authority; are currently in the approved SIP.

case of a plan or plan revision for an area Part D pertains to general requirements for nonattainment areas. 40 CFR 52.2520(c); 

ated as a nonattainment area, meet the applicable West Virginia originally had five 8-hour nonattainment areas of

40 CFR 52 2 2 

ments of part D (relating to nonattainment areas); which three were former I-hour ozone moderate nonattainment . e

areas. EPA has redesignated all of these five areas to attainment of

the 8-hour standard and approved maintenance plans required by

section 175A of the federal Clean Air Act.

These former 8-hr. ozone nonattainment areas will continue tocomply with Subpart D requirements, as applicable, and could nothave been redesignated if they had not met Subpart D requirements.The West Virginia SIP contains approved Nonattainment SourceReview (NSR) permitting rule 45CSRI9 (71FR64468) which would

apply to any new 8-hr. ozone nonattainment areas, as well as PSD

rule 45CSR14 (71FR64470) for attainment areas.

Emission limitations and schedules are contained in those federally

approved provisions of West Virginia’s NOx SIP Call requirements

under State Rules 45CSR1 (71FR56881) and 45CSR26

(67FR31733). and, in West Virginia’s VOC control regulations

found in 45CSR 21 (60FR6022). which apply to former 1-hr. ozonenonattainment areas.

SIP approved rule 45CSR29 (60FR39855) requires the submission

of VOC and NO emissions statements for sources in Putnam,

Kanawba. Cabell, Wayne. Wood, and Greenbrier counties. These

provisions apply to areas that were formerly designated I-hr. ozonenonattainment areas.

Emission limitations and schedules are contained in West Virginia’s

CAIR SIP revision submitted on June I, 2006, which containedthree State Rules; 45CSR39, 45CSR40 and 45CSR41.

he applicable requirements of section 121 (relating The Attainment Demonstration and Early Action Plan for the 40 CFR 52.2520(c);

ultation), Eastern Panhandle Region Ozone Early Action Compact Area 4 FR 2 2

Berkeley and Jefferson Counties, the maintenance plans and eregulations in the approved West Virginia SIP specify the

organizations responsible for implementing and enforcing the plans.

he applicable requirements of ...part C (relating to PSD requirements are detailed in the provisions of SIP approved 40 CFR 52.2520(c). 

ion of significant deterioration of air quality and rule 45CSR 14 (71 FR64470).