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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

1650 Arch Street

Philadelphia, Pennsylvania 19103

DATE: April 22, 2010

SUBJECT: Technical Support Document for the State of West Virginia State 

Implementation Plan for Section 110(a)(2) Infrastructure Requirements for 

the 1997 8-hour Ozone and the 1997 and 2006 Fine Particulate Matter 

National Ambient Air Quality Standards

/s/

FROM: Irene Shandruk, Physical Scientist

Office of Air Program Planning

TO: File

/s/

THRU: Cristina Fernandez, Associate Director

Office of Air Program Planning 

A. INTRODUCTION

The Environmental Protection Agency (EPA) is taking action on certain 

submittals made by West Virginia to meet the Clean Air Act (CAA) section 110(a)(2) 

requirements of the revised 1997 8-hour ozone national ambient air quality standards 

(NAAQS), the 1997 fine particulate (PM2.5), and the revised 2006 PM2.5 NAAQS. 

B. BACKGROUND

1997 8-Hour Ozone and PM2.5 NAAQS

On July 18, 1997, EPA promulgated a revised NAAQS for ozone (62 FR 38856) 

and a new NAAQS for PM2.5 (62 FR 38652). The new ozone NAAQS was based on 8-

hour average concentrations. The 8-hour averaging period replaced the previous 1-hour 

averaging period, and the level of the NAAQS was changed from 0.12 parts per million 

(ppm) to 0.08 ppm. The new PM2.5 NAAQS established a health-based PM2.5 standard of

15.0 micrograms per cubic meter (μg/m3) based on a 3-year average of annual mean 

PM2.5 concentrations, and a twenty-four hour standard of 65μg/m3based on a 3-year 

average of the 98th percentile of 24-hour concentrations. 

Whenever a new or revised NAAQS is promulgated, section 110(a) of the CAA 

imposes obligations upon States to submit State Implementation Plan (SIP) revisions that 

provide for the implementation, maintenance, and enforcement of the new or revised 
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NAAQS within three years following the promulgation of such NAAQS. Although

States typically have met many of the basic program elements required in section 

110(a)(2) through earlier SIP submissions in connection with previous ozone and PM 

standards, States (including all of the Region 3 States) were still required to submit SIP 

revisions that address section 110(a)(2) for the 1997 NAAQS. These SIPs were due in 

July 2000. However, intervening litigation over the 1997 8-hour ozone and PM2.5

NAAQS created uncertainty about how to proceed and, as of October 2007, States had 

not submitted SIPs to meet these infrastructure requirements.

In March of 2004, Earthjustice initiated a lawsuit against EPA for failure to take

action against States that had not made SIP submissions to meet the requirements of 

sections 110(a)(1) and (2), i.e., failure to make a “finding of failure to submit the required 

SIP 110(a) SIP elements.” On March 10, 2005, EPA entered into a Consent Decree with 

Earthjustice that obligated EPA to make official findings in accordance with section 

110(k)(1) of the CAA, as to whether States have made complete SIP submissions, 

pursuant to sections 110(a)(1) and (2), by December 15, 2007 for the 1997 8-hour ozone 

NAAQS and by October 5, 2008 for the 1997 PM2.5 NAAQS. EPA made completeness 

findings for the 1997 8-hour ozone NAAQS on March 27, 2008 (73 FR 16205) and on 

October 22, 2008 (73 FR 62902) for the 1997 PM2.5 NAAQS. These findings pertained 

only to whether the submissions were complete, pursuant to 110(k)(1)(A), and did not 

constitute EPA approval or disapproval of such submissions.

Two elements identified in section 110(a)(2) are not governed by the three year 

submission deadline of section 110(a)(1) because SIPs incorporating necessary local 

nonattainment area controls are not due within three years after promulgation of a new or 

revised NAAQS, but rather are due at the time the nonattainment area plan requirements 

are due pursuant to section 172. These elements are: 1) submissions required by section 

110(a)(2)(C) to the extent that subsection pertains to a permit program in Part D Title I of 

the CAA; and 2) any submissions required by section 110(a)(2)(I), which pertain to the 

nonattainment planning requirements of Part D Title I of the CAA. The determinations 

required by the consent decree excluded any determination regarding such portion of 

section 110(a)(2)(C) and section 110(a)(2)(I), therefore, this action does not cover these 

specific elements. This action also does not address the requirements of 110(a)(2)(D)(i), 

which have been addressed by a separate finding issued by EPA on April 25, 2005 (70 

FR 21147).

With respect to West Virginia’s obligations pursuant to CAA sections 110(a)(1) 

and (2) for the 1997 8-hour ozone and PM2.5 NAAQS, this technical support document 

will review only those elements which were the subject of EPA’s completeness findings. 

The March 27, 2008 (73 FR 16205) action made a completeness finding that the West 

Virginia submittals of December 3, 2007 and April 3, 2008 addressed some but not all of 

the 110(a)(2) requirements. Specifically, EPA found that West Virginia failed to address 

sections 110(a)(2)(B), (E)(i), (G) (with respect to authority comparable to section 303),

(H) and (J) (relating to public notification under section 127), (M), and Part C Prevention 

of Significant Deterioration (PSD) permit program required by the November 29, 2005 

(70 FR 71612, page 71699) final rule that made nitrogen oxides (NOx) a precursor for 
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ozone in the Part C regulations found in 40 CFR 51.166 and in 40 CFR 52.21. The West 

Virginia submittal dated May 21, 2008 addressed these findings, with the exception of 

the Part C PSD, which will be taken as a separate action. 

EPA will take separate action on the portions of section 110(a)(2)(C) and (J) for 

the 1997 8-hour ozone NAAQS as they relate to West Virginia’s PSD permit program. 

With respect to this permit program, on November 29, 2005 (70 FR 71612), EPA 

promulgated a change that made NOx a precursor for ozone in the Part C regulations at 40 

CFR 51.166 and 40 CFR 52.21. In the March 27, 2008 completeness findings, it was

determined that while West Virginia had an approved PSD program in its SIP codified at 

40 CFR 52.2520, West Virginia’s regulation, 45CSR14, did not fully incorporate NOx as 

a precursor for ozone. On July 20, 2009, West Virginia submitted revisions to 45CSR14 

to include NOx as a precursor for ozone. Action on this PSD SIP revision will be taken at 

a later time, and consequently, elements 110(a)(2)(C) and (J) as they pertain to the PSD 

permit program for the 1997 8-hour ozone NAAQS will be addressed in this future action 

as well.

2006 PM2.5 NAAQS

On October 17, 2006 (71 FR 61144), EPA revised the twenty-four hour average 

PM2.5 primary and secondary NAAQS from 65 μg/m3to 35 μg/m3. As required by 

section 110(a)(1) of the CAA, the 110(a)(2) submittals were due within three years after 

promulgation of the revised standard, with the exception of 110(a)(2)(C) pertaining to the 

Part D permit program and 110(a)(2)(I) for the reasons discussed above for the 1997 8-

hour ozone and PM2.5 standards.

C. EPA REQUIREMENTS

As discussed above, for the 1997 8-hour ozone and PM2.5 NAAQS, States must 

provide SIP submissions, or provide certification that address section 110(a)(2)(A) 

through (M), with the exception of the portion of 110(a)(2)(C) pertaining to a permit 

program in Part D Title I of the CAA, 110(a)(2)(I) and (D)(i). To help States meet this 

statutory requirement, EPA issued guidance on October 2, 2007 entitled “Guidance on 

SIP Elements Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone and 

PM2.5 National Ambient Air Quality Standards,” which listed the basic elements that 

States must include in their SIPs. 

On September 25, 2009, EPA issued an updated guidance document entitled 

Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-

Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS), which 

clarifies, in further detail, expectations for certain elements to meet the requirements of 

sections 110(a)(1) and (2) of the CAA for both the 1997 and 2006 PM2.5 NAAQS. 

Specifically, guidance is provided for satisfying the section 110(a)(2)(D) requirements 

for the 2006 PM2.5 NAAQS, as well as guidance for satisfying the section 110(a)(2)(G) 

requirements that addresses both the 1997 and 2006 PM2.5 NAAQS. EPA notes,
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however, that the requirements under 110(a)(2)(D)(i) are being addressed separately and 

are not included in this action.

D. STATE’S SUBMITTAL 

West Virginia provided multiple submittals to satisfy the requirements of section 

110(a)(1) and (2) of the CAA for the 1997 8-hour ozone and PM2.5 NAAQS, and the 2006 

PM2.5 NAAQS. Submittals dated December 3, 2007, May 21, 2008, and October 1, 2009

addressed the 110(a)(2) requirements for 8-hour ozone. Submittals dated April 3, 2008, 

May 21, 2008, July 9, 2008, October 1, 2009, and March 18, 2010 addressed the 

110(a)(2) requirements for the 1997 PM2.5 NAAQS. To satisfy the requirements of 

section 110(a)(1) and (2) for the 2006 PM2.5 NAAQS, the West Virginia Department of 

Environmental Protection (WVDEP) provided a submittal dated October 1, 2009, in 

accordance with the September 25, 2009 guidance. West Virginia’s October 1, 2009 SIP 

submittal originally included the infrastructure elements for the 2008 8-hour ozone 

NAAQS. On March 18, 2010, WVDEP submitted a withdrawal request for the 

110(a)(2)(A)-(M) elements for the 2008 8-hour ozone NAAQS from the October 1, 2009

submittal, leaving only the 2006 PM2.5 portion of the submittal in place for action. 

Therefore, action will only be taken on the PM2.5 portion of the October 1, 2009 

submittal. On March 18, 2010, West Virginia made an additional submittal for the 

110(a)(2)(G) element for both the 1997 and 2006 PM2.5 NAAQS. The submittals shown 

in Table 1 address the infrastructure elements, or portions thereof, identified in section 

110(a)(2) that EPA is proposing to approve.

Table 1: 110(a)(2) Elements, or Portions Thereof, EPA is Proposing to Approve for 

the 1997 Ozone and PM2.5 and 2006 PM2.5 NAAQS

Submittal Date 1997 8-Hour Ozone 1997 PM2.5 2006 PM2.5

December 3, 2007 A, C, D(ii), E, F, G, J, 

K, L

April 3, 2008 A, C, D(ii), E, F, J, L

May 21, 2008 B, E, F, G, H, J, K, M B, E, F, G, H, J, K, M

July 9, 2008 G

October 1, 2009 C C A, B, C, D(ii), E, F, 

G, H, J, K, L, M

March 18, 2010 G G

* Note: On December 11, 2007 and October 1, 2009, West Virginia submitted element 

110(2)(D)(i), which will be addressed in a separate action. 

 

E. EVALUATION OF STATE SUBMITTAL

As noted above, West Virginia provided multiple submittals for the 1997 8-hour 

ozone and PM2.5 NAAQS, and for the 2006 PM2.5 NAAQS. However, the demonstrations 
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submitted by West Virginia for how it is meeting many of the elements are substantively

identical for both the ozone and PM2.5 NAAQS, therefore, the following evaluation of 

each element pertains to all standards except as otherwise noted.

1. Section 110(a)(2)(A)

Pursuant to West Virginia Code section 22-5-4(a)(1) and (3), the Secretary has the 

authority to “develop ways and means for the regulation and control of pollution of the 

air of the State” and “conduct such studies and research relating to air pollution and its 

control and abatement.” The Secretary has the authority under West Virginia Code 

sections 22-1-3(a), 22-5-4(a), and 22-5-4(a)(17) to promulgate rules in accordance with 

the Administrative Procedures Act (West Virginia Code section 29A3-1 et seq.).

For the ozone NAAQS, enforceable emission limits, control measures, and 

compliance schedules are contained in those provisions of West Virginia’s federally

approved NOx SIP Call Regulations (71 FR 56881 and 67 FR 31733). Additional 

emission limitations and schedules are found in West Virginia’s volatile organic 

compound (VOC) control regulations (60 FR 6022 and 60 FR 39855). Control measures 

are identified in approved maintenance plans for the Charleston (71 FR 39001), 

Huntington (71 FR 54421), Parkersburg (72 FR 25967), Wheeling (72 FR 27060), and 

Weirton (72 FR 27247) areas.

For the PM2.5 NAAQS, the pertinent emission limitations and other control 

measures are contained in West Virginia’s SIP-approved State Rules 45CSR2, 45CSR3, 

45CSR5, 45CSR6, 45CSR7, 45CSR8, and 45CSR10. Additionally, the requirements for 

section 110(a)(2)(A) for PM2.5 are also found in West Virginia’s approved permitting 

program, which includes three SIP-approved rules: minor New Source Review (NSR) (68 

FR 9559), PSD rule (71 FR 64470), and major NSR (71 FR 64468). The State also has 

an approved Title V operating permit program (66 FR 50325).

2. Section 110(a)(2)(B)

Under manifold statute authority, pursuant to West Virginia Code sections 22-1-

1(a)(1), 22-1-1(a)(2), 22-1-1(b), 22-5-1, 22-1-1(b)(5), 22-1-6(a), 22-5-4(a)(1) and (3), 

West Virginia operates and maintains an established network of ambient air monitors in 

West Virginia for the purpose of assessing compliance with the national ambient air 

quality standards, which Congress provided for in the CAA, and such standards 

promulgated by EPA to protect the health and welfare of individual citizens.

To assess NAAQS compliance, the Division of Air Quality (DAQ) operates a

network of monitors in West Virginia that have been designated by EPA as either

Reference or Equivalent monitors. All ambient air monitors are subjected to the Quality

Assurance requirements of 40 CFR Part 58, Appendix A. Additionally, all monitors have

met the minimum siting requirements of Part 58, Appendix E.
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In order to keep EPA informed of planned changes to the monitoring network, 

WVDEP provides EPA Region III with adequate prior notification. Details of these 

changes and anticipated approvals of the changes are communicated to EPA. On an 

annual basis, WVDEP submits to EPA a network design plan required under 40 CFR 

58.10, of any changes to the network. This plan also provides for a description of each 

change, the reason for each change, and any other information relevant to the change.

As provided in West Virginia Code sections 22-5-4(a)(2) and 22-5-10, WVDEP 

collects and reports to EPA ambient air quality data for sulfur dioxide (SO2), carbon 

monoxide (CO), ozone (O3), PM10, and PM2.5. The reports comply with the federal 

requirements of 40 CFR 58.16. The data is reviewed, edited, validated, and entered into 

the EPA air quality system (AQS) for updating pursuant to prescribed AQS procedures. 

The EPA AQS receives each report within 90 days after the end of the quarterly reporting 

period. Data is certified annually as required under 40 CFR 58.15.

WVDEP analyzes such air quality data to determine attainment status or progress, 

as demonstrated by the 8-hour ozone redesignation and maintenance plan requests

submitted and/or approved during calendar years 2006, 2007, and first quarter of 2008.

3. Section 110(a)(2)(C)

Pursuant to West Virginia Code sections 22-1-6(a), 22-1-3(a), 22-5-4(a), 22-5-5, 

and 22-5-6, the West Virginia Cabinet Secretary has enforcement authority of emission 

limitations and control measures for ozone and PM2.5 NAAQS.

For the ozone NAAQS, monitoring, recordkeeping, and reporting requirements 

are found in West Virginia’s approved NOx SIP Call rules (71 FR 56881 and 67 FR 

31733), in West Virginia’s VOC control regulations (60 FR 6022), and in State Rule 

45CSR40. An additional approved provision includes submission of VOC and NOx

emissions statements for sources in Putnam, Kanawha, Cabell, Wayne, Wood, and 

Greenbrier Counties. For the PM2.5 NAAQS, monitoring, recordkeeping, and reporting 

requirements are found in State Rules 45CSR39 and 45CSR41. 

For both the ozone and PM2.5 NAAQS, additional provisions are found in West 

Virginia’s current permitting program, which includes three SIP-approved rules: minor 

NSR rule 45CSR13 (68 FR 9559), PSD rule 45CSR14 (71 FR 64470), and major NSR 

45CSR19 (71 FR 64468). The State also has an approved Title V operating permit 

program (66 FR 50325).

EPA will take separate action on the portion of section 110(a)(2)(C) for the 1997 

8-hour ozone NAAQS as it relates to West Virginia’s PSD permit program. On July 20,

2009, West Virginia submitted revisions to regulation 45CSR14 to include NOx as a 

precursor for ozone. Action on this PSD SIP revision will be taken at a later time, and 

consequently, element 110(a)(2)(C) as it pertains to the PSD permit program for the 1997 

8-hour ozone NAAQS will be addressed in this future action as well.
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In addition, the requirements of section 110(a)(2)(C) that pertain to a permit 

program in Part D Title I of the CAA will be addressed separately and are not included in 

this action.

4. Section 110(a)(2)(D)(i)

The requirements of section 110(a)(2)(D)(i) will be addressed separately and are 

not included in this action.

5. Section 110(a)(2)(D)(ii)

West Virginia is not subject to the requirements of sections 126 and 115 of the

CAA.

6. Section 110(a)(2)(E)

West Virginia has adequate authority under the West Virginia Air Pollution 

Control Act (APCA), West Virginia Code section 22-5-1, to carry out its SIP obligations 

with respect to the 8-hour ozone and PM2.5 NAAQS and to revise the SIP as necessary. 

The WVDEP Cabinet Secretary is authorized under West Virginia Code sections 

22-1-6(c)(1) and 22-5-4(a)(12) to carry out and represent the State in any and all matters 

pertaining to the implementation plan, and under West Virginia Code section 22-5-

4(a)(16) to do all things necessary and convenient to prepare and submit a plan. The 

Secretary is not prohibited by any provision of federal or state law from carrying out the

implementation plan or portion thereof. The Secretary has the authority under West 

Virginia Code sections 22-1-3(a), 22-5-4(a)(4), and 22-5-4(a)(17) to promulgate rules in 

accordance with the Administrative Procedures Act (West Virginia Code sections 29A3-1 

et seq.). Approximately forty rules revised under the auspices of the Air Pollution 

Control Act (APCA) are currently in effect and codified at Title 45 of the Code of State 

Rules, including the ambient air quality standards for criteria pollutants contained in 

45CSR8. Statutory permitting requirements are set forth in West Virginia Code sections 

22-5-11 and 12. 

WVDEP has adequate personnel to carry out the implementation plan with

respect to 8-hour ozone and PM2.5 NAAQS requirements. The Secretary employs

adequate personnel and retains specialists under West Virginia Code section 22-5-4(a)(8) 

that are "necessary, incident or convenient" to accomplish the statutory mandate to carry

out the implementation plan.

The APCA provides adequate funding under West Virginia Code sections 22-1-

10(a) and 2-5-4(a)(17) to carry out the implementation plan. West Virginia Code section 

22-5-12 sets forth the statutory operating permit requirements for stationary sources 

under Title V of the CAA. Regulation 45CSR30 establishes fees sufficient to cover the 

direct and indirect costs of administering the air pollution control planning process, Title 

V operating permit program, and support the air pollution control program authorized by
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statute. The APCA also authorizes the establishment of fees to cover non-Title V 

permitting costs under 45CSR22. The air quality program also receives revenue from 

fines and penalties (Air Pollution Control Fund) and federal funds under section 105 and

103 of the CAA, special federal funds for PM2.5, and state general appropriations.

The requirements of section 110(a)(2)(E)(ii) are not applicable to West Virginia 

because it does not have a board which approves air quality permits or enforcement 

orders. Likewise, the requirements of section 110(a)(2)(E)(iii) are not applicable to West 

Virginia because it does not rely on local or regional entities for specific SIP 

implementation.

7. Section 110(a)(2)(F)

West Virginia Code section 22-5-4(a)(15) authorizes the Secretary to require 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 as the Secretary may prescribe. Under this authority, West Virginia requires 

the installation, maintenance, and replacement of monitoring equipment at stationary

sources through permits issued under 45CSR13, 45CSR14, 45CSR19, 45CSR30, and via 

compliance orders. The State’s NOx SIP Call Regulations (45CSR1 & 45CSR26) also 

require the installation, maintenance, and replacement of monitoring equipment.

West Virginia Code sections 22-5-4(a)(15) authorizes the Secretary to require 

periodic reports on the nature and amounts of emissions and emissions-related data from

owners or operators of stationary sources (monitoring data). Pursuant to West Virginia

Code sections 22-5-4(a)(14), the Secretary is authorized to require such information as 

the Secretary may require in a form or manner prescribed by the Secretary (emissions

inventory program). Under this authority, West Virginia requires periodic reports on the

nature and amounts of emissions and emissions-related data from stationary sources

through permits issued under 45CSR13, 45CSR14, 45CSR19, 45CSR30, and via

compliance orders. The State’s NOx SIP Call Regulations (45CSR1 & 45CSR26) also 

require periodic reporting of emissions data.

West Virginia Code section 22-1-6(d)(3) authorizes the Secretary to “investigate 

for violations of statutes or rules which the department is charged with enforcing.” 

Section 22-5-4(a)(3) authorizes the Secretary to correlate periodic emissions reports with 

any emission limitations or standards established pursuant to 45CSR13, 45CSR14, 

45CSR19, 45CSR30, or the CAA. As set forth in West Virginia Code section 22-5-10, 

the Secretary makes available at reasonable times for public inspection the periodic

emissions reported under sections 22-5-4(a)(14) and (15). The Secretary has the 

responsibility of making all records, reports or information obtained by the Department 

or referred to at public hearings under the provisions of the APCA available to the public, 

except to the extent the records, reports or information are protected by confidentiality

pursuant to 45CSR31. The types of records DEP routinely provides access to include 

notifications, inspection reports, notices of violation, enforcement orders, applications, 

permit review letters, sample results, monitoring reports, permits, approvals, and denials 
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that would relate to section 110(a)(2)(F). WVDEP generally makes information available 

for public access through its website, but also makes hard copy reports available upon 

written request.

8. Section 110(a)(2)(G)

West Virginia Code section 22-5-5 authorizes the Secretary to issue an order to 

cease and desist any activity that violates the APCA. The Secretary may also suspend, 

modify or revoke a source’s permit. Under section 22-5-6, the Secretary may also

institute lawsuits for civil penalties. Section 22-5-7 authorizes the Secretary to seek

applications for injunctive relief. Section 22-5-8 authorizes the Secretary, with the written

authorization of the governor, to shut down a source, thereby preventing the emission of

air pollutants which substantially contributes to an emergency that requires immediate

action to protect public health. As provided in West Virginia Code, sections 22-5-4(a)(2) 

and 22-5-10, the Secretary may consult with EPA to affirm accuracy of any information

considered while executing authority under sections 22-5-5, -6, -7, or -8.

On March 18, 2010, West Virginia submitted a certification of classification as a 

priority III emergency episode plan region. The requirement for a State to submit an 

emergency episode plan is based on a priority region classification. For States with a 24-

hour PM2.5 concentration above 140.5 μg/m3, using the most recent three years of data, 

are required to develop an emergency episode plan. States that do not meet this threshold 

would be classified as priority III and would not be required to adopt an emergency

episode plan for PM2.5. PM2.5 monitors in West Virginia show that PM2.5 concentration 

levels for the past three years are below the 140.5 μg/m3 threshold, therefore West 

Virginia is not required to adopt an emergency episode plan for PM2.5. 

9. Section 110(a)(2)(H)

West Virginia Code section 22-5-4(a)(16) authorizes the Secretary to do all things 

necessary and convenient to prepare and submit a plan. WVDEP has historically revised, 

and will continue to revise its NAAQS rules as necessary to take account of revisions of 

the national primary or secondary ambient air quality standards or improved or more 

expeditious methods of attaining the standards.

When, if ever, EPA finds the SIP is substantially inadequate to attain the NAAQS 

which it implements or otherwise to comply with the CAA, West Virginia will revise the 

plan as necessary for adequacy.

10. Section 110(a)(2)(I)

EPA will be taking separate action on this element through the process of 

approval or disapproval of West Virginia’s attainment demonstration plans for the 

respective NAAQS. 
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11. Section 110(a)(2)(J)

The APCA provides adequate authority under West Virginia Code section 22-5-

4(a)(2) for West Virginia’s practices of consultation with local governments,

organizations and Land Managers with respect to SIP development. WVDEP also 

consults with such entities regarding implementation plans for air quality maintenance 

requirements, preconstruction review of direct sources, nonattainment requirements, and 

prevention of significant deterioration. As an example, WVDEP consulted with Federal 

Land Managers on the development of West Virginia’s Regional Haze SIP revision, and 

provided an additional 30-day review and comment period beyond the general public 

review period.

West Virginia Code section 22-1-12 provides authority for the public notification 

of NAAQS violations and education efforts as required by CAA Section 127. Each year,

WVDEP issues a comprehensive Air Quality Annual Report, which compares monitored

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

emissions information and air quality highlights from the previous year, and provides

public awareness of criteria pollutants and their effects on health; educational website

links to tips that improve air quality, links to technical websites and outreach efforts. 

West Virginia has also implemented an anti-idling program to reduce pollutants from

school buses and vehicles at public schools.

For the ozone and PM2.5 NAAQS, West Virginia’s permitting program includes 

three SIP approved rules: minor NSR rule 45CSR13 (68 FR 9559), PSD rule 45CSR14 

(71 FR 64470), and major NSR 45CSR19 (71 FR 64468). The State also has an 

approved Title V operating permit program (66 FR 50325).

EPA will take separate action on the portion of section 110(a)(2)(J) for the 1997 

8-hour ozone NAAQS as it relates to West Virginia’s PSD permit program. On July 20,

2009, West Virginia submitted revisions to 45CSR14 to include NOx as a precursor for 

ozone. Action on this PSD SIP revision will be taken at a later time, and consequently, 

element 110(a)(2)(J) as it pertains to the PSD permit program for the 1997 8-hour ozone 

NAAQS will be addressed in this future action as well.

12. Section 110(a)(2)(K)

West Virginia Code, sections 22-5-4(a)(1) and (3), authorizes the Secretary to 

“develop ways and means for the regulation and control of pollution of the air of the 

state” and “conduct such studies and research relating to air pollution and its control and 

abatement.” Inherent in West Virginia's authority to meet the NAAQS and to conduct 

studies and research is the obligation for WVDEP to perform modeling as required under 

the CAA to demonstrate attainment of the NAAQS, as prescribed by the Administrator. 

WVDEP participates in regional planning organizations such as the Association for 

Southeastern Integrated Planning (ASIP), which performs NAAQS modeling for member 

states. West Virginia will continue to perform modeling, as required under the CAA to 

demonstrate attainment of the NAAQS.
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West Virginia Code sections 22-5-4(a)(2), 22-5-10, and 22-5-4(a)(16) authorizes 

the Secretary to submit, upon request by the Administrator, modeling data 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. West Virginia will 

continue to submit the air quality modeling data as part of its relevant SIP submissions 

and through Federal grant commitments or in other ways that EPA may

request.

13. Section 110(a)(2)(L)

Fees are collected according to West Virginia’s approved SIP under PSD rule 

45CSR14 (71 FR 64470) and major NSR rule 45CSR19 (71 FR 64468), as well as under 

their Title V permit program 45CSR30 (66 FR 50325).

14. Section 110(a)(2)(M)

West Virginia Code section 22-5-4(a)(2), authorizes the Secretary to advise, 

consult and cooperate with local political subdivisions affected by the implementation 

plan. West Virginia consults with local governments, organizations and Land Managers 

with respect to SIP development. WVDEP also consults with such entities regarding 

implementation plans for air quality maintenance requirements, preconstruction review of 

direct sources, nonattainment requirements, and prevention of significant deterioration.

F. RECOMMENDATION

EPA’s analysis of West Virginia’s infrastructure submittals for the 1997 8-hour 

ozone and PM2.5 NAAQS, and the 2006 PM2.5 NAAQS concludes that West Virginia’s 

submittals meet the requirements of section 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), 

(H), (J), (K), (L), and (M), or portions thereof. It is recommended that a notice of 

proposed rulemaking be prepared approving West Virginia’s infrastructure submittals for 

the 1997 8-hour ozone and PM2.5 NAAQS and the 2006 PM2.5 NAAQS.