1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III 1650 Arch Street Philadelphia, Pennsylvania 19103 DATE: April 4, 2011 SUBJECT: Revised 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 , Phy sical Scientist

Office of Air Program Planning TO: File /s/ THRU: Cristina Fern andez, 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 revis ed 1997 8 - hour ozone national ambient air quality standards (NAAQS), the 1997 fine particulate ( PM 2 . 5 ), and the revised 2006 PM 2.5 NAAQS. As discussed in greater detail in section E, below, in comparison to EPA’s technical support document (TSD) dated April 21, 2010, this TSD revises EPA’s analy sis of the submissions with respect to section 110(a)(2)(D)(ii). B . BACKGROUND 1997 8 - H our O zone and PM 2.5 NAAQS On July 18, 1997, EPA promulgated a revised NAAQS for ozone (62 FR 38856 ) and a new NAAQS for PM 2 .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 PM 2.5 NAAQS established a health - based PM 2.5 standard of 15.0 micrograms per cubic meter (μg/m 3 ) based on a 3 - year average of annual mean PM 2.5 concentrations, and a twenty- four hour standard of 65μg/m 3 based on a 3 - year average of the 98 th percentile of 24 - hour concentrations.2

Whenever a new or revised NAAQS is promulgated, s e ction 110(a) of the CAA imposes o bligation s upon States to submit State Implementation Plan (SIP) revisions that provide for the implementation, maintenance, and enforcement of the n ew or revised NAAQS within three years following the promulgation of such NAAQS. Although States typicall y 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 s tandards , 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 PM 2.5 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, Earth

j ustice 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 Earth j ustice that o bligated 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 PM 2.5 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 PM 2.5 NAAQS. These findings pertained onl y to whether the submissions were co mplete, 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 b y the three year submission deadline of section 110(a)(1) because SIPs incorporating n ecessary local nonattainment area controls are not due within three ye ars 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) submis sions required by section 110(a)(2)(C) to the extent that subsection pertains to a permit program in P art D T itle Iof the CAA ; and 2) an y submissions required b y section 110( a )(2)(I) , which pertain to the nonattainment planning requirements of P art D Titl e Iof 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 for any of the NAAQS at iss ue . This action also does not address the requirements of 110(a)(2)(D)(i) for any of the NAAQS at issue since the requirements of 110(a)(2)(D)(i) for each of the NAAQS at issue have been addressed b y a separate finding issued by EPA . See April 25, 2005 ( 70 FR 21147) and June 9, 2010 (75 FR 32673) . With respect to West Virginia’s obligations pursuant to CAA sections 110(a)(1) and (2) for the 1997 8 - hour ozone and PM 2 . 5 NAAQS, except for the portion of (C) and (J) relating to the Part C permit programs for the 1997 8 - hour ozone and 1997 PM 2.5 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 s ubmittal s of December 3, 2007 and April 3, 2008 addressed some but not all of the 110(a)(2) requirements. Specificall y, 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)3

(relating to public notification under section 127), (M), and P art C Prevention of Significant Deterioration ( PSD ) permit program required b y the November 29, 2005 (70 FR 71612, page 71699) final rule that made nitrogen oxides (NO x) a precurs or for ozone in the P art 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 P art 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 NO x a precursor for ozone in the Part C regulations at 40 CFR 51.166 and 40 CFR 52.21. Inthe 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 Virgini a’s regulation, 45CSR14, did not fully

incorporate NO x as a precursor for ozone. On July 20, 2009, West Virginia submitted revisions to 45CSR14 to include NO x as a precursor for ozone. Action on this PSD SIP revision is being taken separatel y, and element 110(a)(2)(C) as it pertains to the PSD permit program for the 1997 8 - hour ozone NAAQS is being addressed in this separate action as well. A notice of proposed rulemaking was published on December 17, 2010 (75 FR 78949). 2006 PM 2.5 NAAQS On October 17 , 2006 (71 FR 61144) , EPA revised the twenty- four hour average PM 2.5 primary and secondary

NAAQS from 65 μg/m 3 to 35 μg/m 3 . As required by section 110(a)(1) of the CAA, the 110(a)(2) submittals were due within three ye ars 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 PM 2.5 standard s . C. EPA REQUIREMENTS As discussed above, for the 1997 8 - hour ozone and P M 2.5 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 Iof 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 -H our Ozone and PM 2.5 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 (PM 2.5 ) 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 PM 2.5 NAAQS. Specifically , guidance is provided for satisf yi ng the section 110(a)(2)(D) requirements for the 2006 PM 2.5 NAAQS, as well as guidance for satisfying the section 110(a)(2)(G) requirements that addresses both the 1997 and 2006 PM 2.5 NAAQS. EPA4

notes, however, that the requirements under 110(a)(2)(D)(i ) are being addressed separatel y 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 1997 PM 2.5 NAAQS , and the 2006 PM 2.5 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 PM 2 .5 NAAQS . To satisfy

the requirements of section 110(a)(1) and (2) for the 2006 PM 2.5 NAAQS, the West Virginia Department of Environmental Protection (WVDEP ) provided a submittal dated October 1, 2009 , in accordance with the September 25, 2009 guidance . W est 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) el ements for the 2008 8 - hour ozone NAAQS from the October 1, 2009 submittal, leaving only

the 2006 PM 2.5 portion of the submittal in place for action. Therefore, action will only

be taken on the PM 2.5 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 PM 2.5 NAAQS . The submittals shown in Table 1 address the infrastructure elements, or portions thereof, identified in section 110(a)(2) that EPA is pro posing to approve . Table 1: 110(a)(2) Elements , or Portions Thereof , EPA is Proposing to Approve for the 1997 Ozone and PM 2.5 and 2006 PM 2.5 NAAQS Submittal Date 1997 8 - H our Ozone 1997 PM 2.5 2006 PM 2.5 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 E. EVALUATION OF STATE SUBMITTAL As noted above, W est Virginia provided multiple submittals for the 1997 8 - hour ozone and PM 2.5 NAAQS, and for the 2006 PM 2.5 NAAQS. However, the demonstrations submitted by West Virginia for how it is meeting many of the elements are substantivel y identical for both the o zone and PM 2.5 NAAQS, therefore, the following evaluation of each element pertains to all standards except as otherwise noted.5

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 “dev elop way s 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 federall y approved NO x 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). C ontrol 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 PM 2.5 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 PM 2.5 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 (6 6 FR 50325). EPA does not consider SIP requirements triggered by the nonattainment area mandates in part D of Title Iof the CAA to be governed by the submission deadline of section 110(a)(1). Nevertheless, the State of West Virginia may have included so me previously EPA - approved SIP provisions originall y submitted in response to part D in its submission documenting its compliance with the requirements of sections 110(a)(1) and (2) of the CAA. For the purposes of this action, EPA has reviewed certain Wes t Virginia 110(a)(2) submittals, including any rules originall y submitted in response to part D, or references thereto, solel y for the purposes of determining whether such submittals support a finding that the state has met the basic infrastructure require ments under section 110(a)(2). 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 m aintains an established network of ambient air monitors in West Virginia for the purpose of assessing compliance with the n ational ambient air quality s tandards, which Congress provided for in the CAA, and such standards promulgated by EPA to protect the h ealth and welfare of individual citizens .6

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. In addition , all monitors have met the minimum sitt ing requirements of Part 58, Appendix E. In order to keep EPA informed of planned changes to the monitoring network, WVDE P 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 chang es 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 E PA ambient air quality data for sulfur dioxide ( SO 2 ) , carbon monoxide ( CO ) , ozone ( O 3 ) , PM 10 , and PM 2.5 . The reports compl y with the federal requirements of 40 CFR 58.16. The data is reviewed, edited, validated, and entered into the EPA air quality s ys tem (AQS) for updating pursuant to prescribed AQS procedures. The EPA AQS receives each report within 90 day s after the end of the quarterl y reporting period. Data is certi fied annually as required under 40 CFR 58.15. WVDEP analyzes such air quality data to d etermine attainment status or progress, as demonstrated b y the 8 - hour ozone redesignation and maintenance plan requests submitted and/or approved during calendar years 2006, 200 7 , 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 PM 2.5 NAAQS. For the ozone NAAQS , monitoring, recordkeeping, and reporting requirements are found in West Virginia’s approved NO x 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 NO x emissions statements for sources in Putnam, Kanawha, Cabell, Way ne, Wood, and Greenbrier C ounties. For the PM 2.5 NAAQS, monitoring, recordkeeping , and reporting requirements are found in State Rules 45CSR39 and 45CSR41. For both the ozone an d PM 2.5 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).7

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 NO x as a precursor for ozone. Action on this PSD SIP revision is being taken separatel y , and element 110(a)(2)(C) as it pertains to the PSD permit program for the 1997 8 - hour ozone NAAQS is being addresse d in this separate action as well. A notice of proposed rulemaking was published on December 17, 2010 (75 FR 78949). In addition, the requirements of section 110(a)(2)(C) that pertain to a permit program in Part D Title Iof the CAA are outside of the sc ope of the 110(a)(2) requirements addressed through this action, therefore, this subset of 110(a)(2)(C) requirements will be addressed separately and are not included in this action. 4 . Section 110(a)(2)(D)(ii) The original TSD stated that West Virgini a is not subject to the requirements of sections 126 and 115 of the CAA. However, a clarification is necessary because although West Virginia is subject to CAA section 126 , West Virginia has demonstrated that it has met its obligations pursuant to CAA sec tion 126(a) and it has no currentl y pending obligations pursuant to CAA section 126(b). West Virginia has made the necessary submittals to demonstrate that West Virginia has adequate provisions insuring future compliance with the requirements of sections 126 and 115 of the CAA as may be necessary . 5 . Section 110(a)(2)(E) West Virginia has adequate authority under the West Virginia Air Pollution Control Act (APCA), W est Virginia Code section 22 - 5 - 1, to carry out its SIP obligations with respect to th e 8 - hour ozone and PM 2.5 NAAQS and to revise the SIP as necessary . The WVDEP Cabinet Secretary is authorized under W est Virginia Code sections 22 - 1 - 6(c)(1) and 22 - 5 - 4(a)(12) to carry out and represent the S tate in any and all matters pertain ing to the i mplementation plan, and under W est 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

an y provision of federal or state law from carrying out the i mplementation plan or portion thereof. The Secretary

has the authority

under W est 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 (W est Virginia Code sections 29A3 - 1 et seq.) . Appro ximately 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. S tatutory

permitting requirements are set forth in W est 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 PM 2.5 NAAQS requirements. The Secretary employs adequate pers onnel and retains8

specialists under W est 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 W est Virginia Code sections 22 - 1 - 10(a) and 2 - 5 - 4(a)(17) to carry

out the implementation plan. W est 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 suffic ient 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 statute. The APCA also authorizes the establishment of fe es 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 s ection 105 and 103 of the CAA, special federal funds for PM 2.5 , and state g eneral 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. Li kewise, 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. 6 . Section 110(a)(2)(F ) W est 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 S tate’s NO x SIP Call Regulations (45CSR1 & 45CSR26) also require the installation, m aintenance, and replacement of monitoring equipment. W est 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 so urces (monitoring data). Pursuant to W est 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 b y the Secretary (emissions inventory

program). Under this a

uthority , 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 S tate’s NO x SIP Call Regulations (45CSR1 & 45CSR26) also require periodic reporting of emissions data . W est 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.” Sectio n 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 W est Virginia Code section 22 - 5 - 10, the Secre tary makes available at reasonable times9

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 ty pes of records DEP routinely provides access to include not ifications, inspection reports, notices of violation, enforcement orders, applications, permit review letters, sample results, monitoring reports, permits, approvals , and denials that would relate to section 110(a)(2)(F). WVDEP generally makes information available for public access through its website, but also makes hard cop y reports available upon written request. 7 . Section 110(a)(2)(G) W est 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, thereb y preventing the emission of air pollutants which substantially contributes to an emergency

that requires immediate action to protect pu blic 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. In order to address the 110(a)(2)(G) requirement relating to “adequate contingency plans ” o n March 18, 2010 , West Virginia submitted a certification of classification as a priority I II emergency

episode plan region. This submission is consistent with the recommendations set forth in EPA’s September 25, 2009 memorandum issued by William T. Harnett, Director, OAQPS/AQPD, entitled “Guidance on SIP Elements Required Under section 110(a)(1) and (2) for the 2006 24 - Hour Fine Particulate (PM2.5) National Ambient Air Quality Standards (NAAQS).” With respect to the requirement that states have adequate contingency plans as part of their SIPs, this guidance recommended that unless the state had monitored ambient values above a specific level, no contingency plan would be necessary . In ac cordance with the above cited guidance, the requirement for a State to submit an emergency episode plan is based on a priority region classification. For States with a 24 - hour PM 2.5 concentration above 140.5 μg/m 3 , using the most recent three ye ars of dat a, 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 PM 2.5 . PM 2.5 monitors in West Virginia show that PM 2.5 concentration levels for the past three ye ars are below the 140.5 μg/m 3 threshold . T herefore , in accordance with EPA guidance, West Virginia has certified through a SIP revision that it has appropriate general emergency powers to address PM 2.5 - related episodes and that it is not specifically required to submit an emergency episode plan and contingency

measures for PM2.5 at this time given monitored PM 2.5 levels. In accordance with the above cited guidance, West Virginia has met its statutory obligations to pro vide adequate contingency plans to implement the authority that it has comparable to that in10

CAA section 303 and West Virginia is not, at this time, required to adopt any additional emergency

episode plan for PM 2.5 . 8 . Section 110(a)(2)( H ) W est Virgi nia 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 . 9 . Section 110(a)(2)(J) The APCA provides adequate authority under W est Virginia Code section 22 - 5 - 4(a)(2) for West Virginia’s practices of consultation with local governments, o rganizations 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 preventio n of significant deterioration. As an example, WVDEP consulted with F ederal 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. W est 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 ye ar, WVDEP issues a comprehensive Air Quality Annual Report , which compares monitored air qu ality 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 PM 2.5 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). E PA 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 NO x as a precursor for ozone . Action on this PSD SIP revision is being taken separately , and element 110(a)(2)(C) as it pertains to the PSD permit11

program for the 1997 8 - hour ozone NAAQS is being addressed in this separate action as well. A notice of proposed rulemaking was publish ed on December 17, 2010 (75 FR 78949). 1 0 . Section 110(a)(2)(K) Through the submissions referenced above, West Virginia has demonstrated that it: 1) has the authority and technical capability

to conduct air quality

modeling , or that the State participates with a group of states to conduct air quality modeling, in order to assess the effect on ambient air quality relevant pollutant emissions; and 2) can provide relevant data as part of the permitting and NAAQS implementation processes. West Virginia Code, sections 22 - 5 - 4(a)(1) and (3), authorizes the Secretary to “develop way s 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 particip ates 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. W est 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 an y emissions of any air pollutant f or 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 way s that EPA may request. 1 1 . Section 110(a)(2)(L) West Virginia’s submissions adequatel y address this requirement b y explaining that f ees are collected according to West Virginia’s approved SIP under PSD rule 45CSR14 (71 FR 64470) and major NSR rule 45CSR19 (71 F R 64468) , as well as under their Title V permit program 45CSR30 (66 FR 50325). 1 2 . Section 110(a)(2)(M) W est 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 L and 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.12

F . CONCLUSIONS AND RECOMMEND ED AGENCY ACTION EPA’s anal ys is of West Virginia’s infrastructure submittals for the 1997 8 - hour ozone and PM 2.5 NAAQS , and the 2006 PM 2.5 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 final rulemaking be prepared approving West Virginia’s infrastructure submittals for the 1997 8 - hour ozone and 1997 PM 2.5 NAAQS and the 2006 PM 2.5 NAAQS.