SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST

(in accordance with 40 CFR Part 51 - App. V)

SIP Submitted by: West Virginia Division of Air Quality

Date Submitted: July 1, 2013 (date EPA received submission) 

Subject: 2010 1-hour Sulfur Dioxide National Ambient Air Quality Standard (NAAQS) Infrastructure State Implementation 

Plan (SIP) Revision

Completeness Review 

Completed by: Ellen Schmitt

Date Completed: July 17, 2013

Administrative Materials

 ACCEPTABLE

EPA REQUIREMENT STATE SUBMITTAL (X)

1. A formal letter of submittal from the Governor or his designee, 

requesting EPA approval of the plan or revision thereof.

1. Letter dated June 25, 2013 from Randy C. Huffman Cabinet 

Secretary, West Virginia Department of Environmental 

Protection to Shawn Garvin Regional Administrator.

 X

2. Evidence that the State has adopted the plan in the State code or 

body of regulations; or issued the permit, order, consent agreement 

in final form. That evidence shall include the date of adoption or 

final issuance as well as the effective date of the plan, if different 

from the adoption/issuance date.

2. West Virginia’s submittal indicates applicable state code and 

regulations that support the requirements of 110(a)(2) SIP 

Infrastructure Requirements for implementation of the 2010 SO2

NAAQS.

 X

3. Evidence that the State has the necessary legal authority under 

State law to adopt and implement the plan.

3. As noted in the state’s submittal, West Virginia has authority 

pursuant to West Virginia Code SS 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 (WVA Code SS 29A3-1 et.seq).

 X
EPA REQUIREMENT STATE SUBMITTAL (X)

4. A copy of actual regulation, or document submitted for approval 

and incorporation by reference into the plan, including indication of 

the changes made to the existing approved plan, where applicable. 

The submittal shall be a copy of the official State 

regulation/document signed, stamped, dated by the appropriate State 

official indicating that it is fully enforceable by the State. The 

effective date of the regulation/document shall, whenever possible, 

be indicated in the document itself.

4. State regulations have been previously approved for the West 

Virginia SIP and are being certified or referenced in the 

submittal. 

 X

5. Evidence that the State followed all of the procedural 

requirements of the State's laws and constitution in conducting and 

completing the adoption/issuance of the plan.

5. To meet this requirement, West Virginia submitted to EPA a 

cover letter dated June 25, 2013, the final SIP revision and the 

state’s response to comments which were received during the 

April 19, 2013 to May 20, 2013 public comment period.

 X

6. Evidence that public notice was given of the proposed change 

consistent with procedures approved by EPA, including the date of 

publication of such notice.

6. Notice of the public comment period was provided on WV 

Department of Air Quality’s (DAQ) public notice and comment 

webpage.

 X

7. Certification that public hearings were held in accordance with the 

information provided in the public notice and the State's laws and 

constitution, if applicable.

7. A public hearing was held on May 20, 2013. According to 

WV DAQ, no substantive verbal comments concerning the 

proposed SIP revision were provided during the hearing.

 X

8. Compilation of public comments and the State's response thereto. 8. Public comments were received and, as required, WV DAQ

responded to these comments. West Virginia provided EPA with 

a summary of the comments received during the public comment 

period and DAQ’s responses.

 X
Technical Materials

EPA REQUIREMENT STATE SUBMITTAL (X)

1. Identification of all regulated pollutants affected by the plan. 1. The 2010 1-hour SO2 NAAQS is incorporated by reference 

in West Virginia Legislative Rule 45CSR8.

 X

2. Identification of the locations of affected sources including the 

EPA attainment/nonattainment designation of the locations and the 

status of the attainment plan for the affected area(s).

2. Most regulations apply statewide as applicable. X

3. Quantification of the changes in plan allowable emissions from the 

affected sources; estimates of changes in current actual emissions 

from affected sources or, where appropriate, quantification of 

changes in actual emissions from affected sources through 

calculations of the differences between certain baseline levels and 

allowable emissions anticipated as a result of the revision.

3. This SIP submittal does not modify existing emission limits. X

4. The State's demonstration that the national ambient air quality

standards, prevention of significant deterioration increments, 

reasonable further progress demonstration, and visibility, as 

applicable, are protected if the plan is approved and implemented. 

4. The SIP revision addresses the required section 110(a)(2) 

SIP elements. 

 X

5. Modeling information required to support the proposed revision, 

including input data, output data, models used, ambient monitoring 

data used, meteorological data used, justification for use of offsite 

data (where used), modes of models used, assumptions, and other 

information relevant to the determination of adequacy of the 

modeling analysis.

5. The authority to do modeling is discussed in the revision 

under Element K.

 X

6. Evidence, where necessary, that emission limitations are based on 

continuous emission reduction technology.

6. West Virginia has adopted control measures and emission 

limitations that are listed in the West Virginia SIP.

 X

7. Evidence that the plan contains emission limitations, work practice 

standards and recordkeeping/reporting requirements, where 

necessary, to ensure emission levels.

7. These authorities are discussed in the revision under 

Elements D and F.

 X
EPA REQUIREMENT STATE SUBMITTAL (X)

8. Compliance/enforcement strategies, including how compliance 

will be determined in practice.

8. West Virginia has compliance/enforcement strategies as 

indicated in their SIP.

 X

9. Special economic and technological justifications required by any 

applicable EPA policies. (If a policy is not appropriate, explain why.)

9. NA X

10. A Section 107 request must be accompanied by a maintenance 

plan demonstrating maintenance to the relevant NAAQS for at least 

10 years after redesignation.

10. NA X