UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

1650 Arch Street

Philadelphia, Pennsylvania 19103

DATE: June 5, 2012

SUBJECT: Technical Support Document for the West Virginia State Implementation Plan for 

Section 110(a)(2) Infrastructure Requirements for the 2008 Lead National 

Ambient Air Quality Standards

/s/

FROM: Emlyn Vélez-Rosa, Environmental Engineer

Office of Air Program Planning

TO: File

/s/

THRU: Donna Mastro, Acting Associate Director

Office of Air Program Planning 

A. INTRODUCTION

The Environmental Protection Agency (EPA) is taking action on a submittal made by the State 

of West Virginia to meet the Clean Air Act (CAA) section 110(a)(2) requirements of the 2008 

lead national ambient air quality standards (NAAQS).

B. BACKGROUND

On October 15, 2008, EPA substantially strengthened the primary and secondary lead NAAQS

(hereafter the “2008 lead NAAQS”), revising the level of the primary (health-based) standard 

from 1.5 micrograms per cubic meter (μg/m3) to 0.15 μg/m3, measured as total suspended 

particles (TSP), not to be exceeded with an averaging time of a rolling 3-month period. EPA 

also revised the secondary (welfare-based) standard to be identical to the primary standard, as 

well as the associated ambient air monitoring requirements. See 40 CFR 50.16.

After being petitioned in January 2009, the EPA revised the ambient monitoring requirements for 

measuring lead in the air on December 14, 2010 (75 FR 81126). These amendments expand the 

nation’s lead monitoring network to better assess compliance with the 2008 lead NAAQS. 

Among other things, EPA changed the emission threshold that state monitoring agencies must 

use to determine if an air quality monitor should be placed near an industrial facility that emits 

lead. The new emission threshold is 0.5 tons per year (tpy), reduced from the previous threshold 

of 1.0 tpy. Any new monitors located near an emissions source must be operational no later than

December 27, 2011.
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Section 110(a) of the CAA requires states to submit state implementation plans (SIPs) that 

provide for the implementation, maintenance, and enforcement of new or revised NAAQS within 

three years following the promulgation of such NAAQS. Section 110(a) of the CAA imposes the 

obligation upon states to make a SIP submission to EPA for a new or revised NAAQS. Section 

110(a)(2) of the CAA lists specific elements that states must meet or continue to meet in these 

SIP submissions. The SIP infrastructure elements include requirements for modeling, 

monitoring, and emissions inventories that are designed to assure attainment and maintenance of 

the NAAQS. For the 2008 lead NAAQS, states typically have met many of the basic program 

elements required in CAA section 110(a)(2) through earlier SIP submissions in connection with 

previous lead NAAQS. 

C. EPA REQUIREMENTS

Section 110(a)(2) of the CAA directs all states to develop and maintain an air quality 

management infrastructure that includes enforceable emission limitations, an ambient monitoring 

program, an enforcement program, air quality modeling capabilities, and adequate personnel, 

resources, and legal authority. Two elements identified in CAA section 110(a)(2), pertaining to 

part D of Title I of the CAA, which addresses plan requirements for nonattainment areas, are not 

governed by the 3-year submission deadline of CAA section 110(a)(1). Therefore, these 

elements are considered by EPA to be outside the scope of infrastructure SIP actions, and are the 

following: CAA section 110(a)(2)(C), to the extent it refers to permit programs under part D of 

Title I of the CAA, referring to the nonattainment new source review (NSR) permit program, and 

CAA section 110(a)(2)(I) in its entirety. Those submittals are due at the time the nonattainment 

area planning elements are due, 18 months following designation. This action does not cover 

these two specific elements.

As discussed above, for the 2008 lead NAAQS, states must provide SIP submissions, or provide 

certification that the existing SIP contains provisions addressing CAA section 110(a)(2)(A) 

through (M). States should, in consultation with the EPA Regional Offices, refer to the 

applicable EPA regulations governing SIP submittals, per 40 CFR part 51. To assist states to

meet this statutory requirement for the 2008 lead NAAQS, EPA issued a guidance on October 

14, 2011, entitled, “Guidance on Infrastructure State Implementation Plan (SIP) Elements 

Required Under Sections 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air 

Quality Standards (NAAQS)” (hereafter the “2011 Lead Infrastructure Guidance”), which lists 

the basic elements that states must include in their SIPs.

D. STATE’S SUBMITTAL 

On October 26, 2011, the West Virginia Department of Environmental Protection (WVDEP) 

provided a submittal to satisfy the requirements of section 110(a)(2) of the CAA for the 2008 

lead NAAQS. This submittal addressed the following infrastructure elements, which EPA is 

proposing to approve: CAA section 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), 

and (M), or portions thereof. 
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E. EVALUATION OF STATE SUBMITTAL

EPA is taking separate action on the portions of CAA section 110(a)(2) infrastructure elements 

for the 2008 lead NAAQS as they relate to the West Virginia’s Prevention of Significant 

Deterioration (PSD) program, as required by part C of Title I of the CAA. This includes portions 

of the elements in CAA section 110(a)(2)(C), (D) and (J). West Virginia submitted a SIP 

revision of its PSD program on August 31, 2011. Therefore, any portion of these infrastructure 

elements concerning part C of Title I of the CAA will not be approved or disapproved in this 

action.

1. Section 110(a)(2)(A): Emission limits and other control measures

West Virginia has established laws and regulations applicable to the 2008 lead NAAQS that 

include enforceable emissions limitations and other control measures, means or techniques, as 

well as schedules and timetables for compliance to meet the applicable requirements of the CAA. 

The Secretary of WVDEP (hereafter the Secretary) holds the legislative authority to promulgate 

regulations concerning air pollution control in accordance with the Administrative Procedures 

Act (W.Va. Code section 29A3-1 et seq.) and W.Va. Code sections 22-1-3(a), 22-5-4(a)(4) and 

22-5-4(a)(17). Enforceable emission limitations and other control measures for lead to meet the 

applicable requirements of the CAA include the following SIP-approved regulations, which are 

identified at 40 CFR 52.2520(c):

45CSR7- “To Prevent and Control Particulate Air Pollution From Manufacturing Process 

Operations”

45CSR13- “Permits for Construction, Modification, Relocation and Operation of 

Stationary Sources of Air Pollutants, Notification Requirements, Temporary Permits, 

General Permits, and Procedures for Evaluation”

45CSR14- “Permits for Construction and Major Modification of Major Stationary 

Sources of Air Pollution for the Prevention of Significant Deterioration”

45CSR19- “Permits for Construction and Major Modification of Major Stationary 

Sources of Air Pollution Which Cause or Contribute to Nonattainment”

Additionally, the following state rules are applicable to lead emission limitations and control 

measures: 45CSR30 (“Requirements for Operating Permits”), EPA-approved operating program 

(66 FR 50325) pursuant to Title V of the CAA, which includes all the enforceable emission 

limitations or control measures pursuant to 45CSR7, 45CSR13, 45CSR14, and 45CSR19; and 

45CSR34 (“Emission Standards For Hazardous Air Pollutants”), a federal delegation rule which 

establishes and adopts a program of the national emission standards of hazardous air pollutants 

(NESHAPS), and other regulatory requirements promulgated by EPA. The measures in these

regulations include provisions that are adequate to meet the requirements of CAA section 

110(a)(2)(A) for the 2008 lead NAAQS.
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2. Section 110(a)(2)(B): Ambient air quality monitoring and data system

The Secretary has the authority under W.Va. Code sections 22-5-4(a)(1) & (3) “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 Division of Air 

Quality (DAQ) of WVDEP currently operates and maintains an established lead network of 

ambient air monitors in West Virginia for the purpose of assessing compliance with the 2008 

lead NAAQS. The lead monitoring network in West Virginia meets the minimum network 

design criteria of 40 CFR part 58, appendix D. All lead monitors in place utilize the EPAapproved Federal Reference Method or Federal Equivalent Method, have met the minimum

siting requirements of 40 CFR part 58, appendix E, and are subject to the quality assurance 

requirements of 40 CFR part 58, appendix A. Additionally, WVDEP analyzes the air quality 

data to determine attainment status under the 2008 lead NAAQS.

WVDEP informs EPA of planned changes to the monitoring site by providing adequate prior 

notification. Pursuant to 40 CFR 58.10, WVDEP submits to EPA on an annual basis a 

monitoring network plan, which describes how West Virginia is complying with monitoring 

requirements and explains any changes to the monitoring network. West Virginia’s 2010 Annual 

Air Quality Monitoring Network Design Plan was submitted to EPA on June 24, 2010, and was 

consequently approved by EPA on December 20, 2010. On June 22, 2011, West Virginia also 

submitted the 2011 Annual Air Quality Monitoring Network Design Plan to EPA, which was 

approved by EPA on December 6, 2011. The 2011 Annual Air Quality Monitoring Network 

Design Plan identified one lead emission source that required lead monitoring, in accordance 

with paragraph 4.5(a) of 40 CFR part 58, appendix D, which requires ambient air lead 

monitoring near lead sources which are expected to or have shown to contribute to a maximum 

lead concentration in excess of the 2008 lead NAAQS. As a result, a collocated TSP lead site 

was installed on January 2012 at an existing monitoring site in Huntington, Cabell County, in 

accordance with EPA’s lead monitoring requirements of 40 CFR part 58.

As provided in W.Va. Code sections 22-5-and 22-5-4(a)(2) and CAA section 110(a)(2)(B), 

WVDEP collects and reports to EPA ambient air quality data for lead. West Virginia submits to 

EPA quarterly reports of air quality data to comply with the requirements of 40 CFR 58.16. The 

air quality data for lead is reviewed, edited, validated, and entered into the EPA air quality 

system (AQS) for updating pursuant to prescribed AQS procedures, and is certified annually as 

required under 40 CFR 58.15. EPA concludes that West Virginia’s monitoring network and data 

system for lead satisfy the requirements of CAA section 110(a)(2)(B) for the 2008 lead NAAQS.

3. Section 110(a)(2)(C): Programs for enforcement, PSD, and NSR

The Secretary has the statutory authority to enforce any control measures for the 2008 lead 

NAAQS, pursuant to W.Va. Code sections 22-1-3(a), 22-5-4(a)(4), 22-5-4(a)(5), 22-5-4(a)(9),

22-5-4(a)(16) and 22-5-4(a)(17), 22-5-5, and 22-5-6. West Virginia has an established legal 

framework and ability to provide for the enforcement of the measures described in the CAA 

section 110(a)(2)(A) infrastructure element, contained in the SIP-approved regulations: 

45CSR13, 45CSR14, and 45CSR19, as well as in the EPA-approved Title V program codified in 
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45CSR30. The provisions described meet the requirements per the 2011 Lead Infrastructure 

Guidance for enforcement of the measures described in section 110(a)(2)(C) of the CAA, which 

EPA is proposing to approve. EPA will take separate action on the portion of section 

110(a)(2)(C) of the CAA for the 2008 lead NAAQS as it relates to the West Virginia’s PSD

program as required by part C of Title I of the CAA.

4. Section 110(a)(2)(D)(i): Interstate transport

The physical properties of lead prevent lead emissions from experiencing a significant degree of 

travel in the ambient air. No complex chemistry is needed to form lead or lead compounds in the 

ambient air; therefore, concentrations of lead are typically highest near lead sources. More 

specifically, there is a significant decrease in lead concentrations as the distance from a lead 

source increases. According to EPA’s report “Latest Findings on National Air Quality: Status 

and Trends Through 2006,” lead monitoring data shows that the typical lead concentration near a 

source is approximately 10 times the typical lead concentration for sites that are not near a source

(EPA-454/R-07-007). Accordingly, in order for a source to emit lead that may contribute 

significantly to nonattainment in, or interfere with maintenance by, any other state, the source 

would need to be a very large source (emitting more than 0.5 tpy of lead) that is located in close 

proximity to state boundaries.

To satisfy the interstate transport requirement of this element, WVDEP made an assessment as to 

whether any lead emitting sources in West Virginia would contribute significantly to 

nonattainment in, or interfere with maintenance by, any other state with respect the 2008 lead 

NAAQS. WVDEP identified one large source located in Cabell County, within two miles of the 

state border, whose lead emissions are greater than EPA’s threshold of 0.5 tpy. See West 

Virginia’s 2011 Annual Air Quality Monitoring Network Design Plan. Based upon West 

Virginia’s 2009 emissions inventory, Steel of West Virginia emitted 0.83 tons of lead in 2009. 

As explained, DEP installed a collocated TSP lead site on January 2012 near this source at an 

existing monitoring site in Huntington, Cabell County, in accordance with EPA’s lead 

monitoring requirements of 40 CFR part 58. Because of the physical properties of lead, and the 

fact that there are not any nonattainment areas for the 2008 lead NAAQS within 100 miles of the 

source, West Virginia expects that this lead source does not contribute significantly to 

nonattainment in, or maintenance by, any other state with regard to the 2008 lead NAAQS. The 

impact of these emissions will be reassessed after sufficient lead monitoring data of the area are 

obtained. 

West Virginia’s SIP-approved rule 45CSR19 establishes that any person proposing to construct 

or relocate a major stationary source or to make a major modification must demonstrate that 

allowable emission increases from the proposed source or modification, in conjunction with all 

other applicable emission increases or reductions (including secondary emissions) would not 

cause or contribute to air pollution in violation of any NAAQS or any applicable maximum 

allowable increase over the baseline concentration in any area. EPA finds that West Virginia 

meets the requirements described in CAA section 110(a)(2)(D)(i)(I).
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For the visibility requirement under CAA section 110(a)(2)(D)(i)(II), EPA expects significant 

impacts from lead emissions from stationary sources to be limited to short distances from the 

source, and that most, if not all, lead stationary sources are located at distances from Class I 

areas, such that visibility impacts would be negligible from lead. See the 2011 Lead 

Infrastructure Guidance. Furthermore, when EPA evaluated the extent that lead could impact 

visibility, lead-related visibility impacts were found to be insignificant (e.g., less than 0.10%). 

See Analysis by Mark Schmidt, OAQPS, “Ambient Pb’s Contribution to Class 1 Area Visibility 

Impairment,” June 17, 2011. Therefore, the visibility related requirement of CAA section 

110(a)(2)(D)(i)(II) is not required to be addressed with respect to the 2008 lead NAAQS. 

However, EPA approved West Virginia’s Regional Haze Program on March 23, 2012, which 

contains provisions for visibility protection in West Virginia (77 FR 16937). Additionally, EPA 

will take separate action on the portion of CAA section 110(a)(2)(D)(i)(II) that pertains to West

Virginia’s PSD program as required by part C of Title I of the CAA.

5. Section 110(a)(2)(D)(ii): Interstate and international transport provisions

West Virginia’s SIP contains provisions to ensure compliance with the applicable requirements 

of section 126 of the CAA. Section 126(a) of the CAA directs each SIP to include provisions 

requiring a new or modified source to notify neighboring states of potential impacts from the 

source. West Virginia has demonstrated that it has met its obligations pursuant to CAA section 

126(a) through the adoption of 45CSR14-17 “Public Review Procedures,” which requires 

notification to other states of potential impacts from a source. Consistent with 40 CFR 

51.166(q)(2)(iv), 45CSR14-17-5 specifically requires public notification of a new or modified 

source to other state and local agencies. 

Sections 126(b) and 126(c) of the CAA affect a state only if the EPA’s Administrator has been 

petitioned to make a finding of violation that is related to either interstate transport or 

international transport of emissions from sources in the state. Thus, unless a state has been the 

subject of such a petition, the state has no continuing obligation under sections 126(b) or 126(c)

of the CAA. West Virginia has no currently pending obligations pursuant to CAA section 126(b)

or 126(c), and EPA finds that West Virginia has met this element.

Section 115 of the CAA authorizes the Administrator to require a state to revise its SIP under 

certain conditions to alleviate international transport. Because there are no pending actions 

pursuant to section 115 of the CAA, EPA has no expectation that the state would need to submit 

anything in regards to CAA section 115 at this time. West Virginia has made the necessary 

submittals to demonstrate that it has adequate provisions ensuring future compliance with the 

requirements of sections 126 and 115 of the CAA as may be necessary to satisfy this element.

6. Section 110(a)(2)(E): Adequate personnel, funding, and authority

As required under W.Va. Code section 22-5-4(a)(8), WVDEP has demonstrated to have adequate 

personnel to carry out the implementation plan with respect to the 2008 lead NAAQS 

requirements. At present, a staff of approximately 90 full time employees is employed at
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WVDEP’s DAQ. West Virginia’s Air Director supervises the air monitoring, compliance and 

enforcement, hazardous waste, permitting and planning sections, as well as three regional DAQ

offices, and answers to the Secretary. DAQ believes its funding sources are sufficient to provide 

adequate personnel for those purposes and does not anticipate any changes in resources 

considered necessary during 5 years following SIP submittal. 

The Air Pollution Control Act of West Virginia (APCA) provides adequate funding under W.Va. 

Code sections 22-1-10(a) and 22-5-4(a)(17) to carry out West Virginia SIP. W.Va. Code section 

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

V of the CAA. EPA-approved rule 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 statute. The APCA 

also authorizes the establishment of fees to cover non-Title V permitting costs under 45CSR22

“Air Quality Management Fee Program.” Additionally, the air quality program receives revenue 

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

103 of the CAA, and state general appropriations.

The APCA, under W.Va. Code section 22-5-1, declares the state's policy "to fulfill its primary 

responsibility for assuring air quality" pursuant to the CAA. The Secretary is authorized under 

W.Va. 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. The Secretary has the authority under 

W.Va. Code section 22-5-4(a)(16) “to do all things necessary and convenient to prepare and 

submit a plan or plans for the implementation, maintenance and enforcement of the Federal 

Clean Air Act.” The Secretary is not prohibited by any provision of federal or state law from 

carrying out the implementation plan or portion thereof. The legal authorities specified are 

available to the Secretary at the time of submission of this SIP revision. 

The Secretary has the authority under W.Va. 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.Va. Code 

section 29A3-1 et seq.). Approximately forty rules revised under the auspices of the APCA are 

currently in effect and codified at Title 45 of the Code of State Rules, including the ambient air 

quality standards for lead and other criteria pollutants contained in 45CSR8. West Virginia has 

an EPA-approved air permitting program for both major and minor facilities, under state rules 

45CSR13, 45CSR14, 45CSR19 and 45CSR30 (as applicable). Because there are no designated 

lead nonattainment areas or lead maintenance areas, West Virginia has not promulgated 

legislative rules that adopt emissions limitations or other measures necessary for attainment or 

maintenance of the 2008 lead NAAQS. EPA finds that West Virginia satisfies the requirements 

described in CAA section 110(a)(2)(E) according to the 2011 Lead Infrastructure Guidance. 

7. Section 110(a)(2)(F): Stationary source monitoring and reporting

W.Va. 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 and report emissions of lead from such 

sources as the Secretary may prescribe, through permits issued under 45CSR13, 45CSR14, 
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45CSR19, 45CSR30, and via compliance orders. Pursuant to the 40 CFR part 51, subpart A, 

“Air Emission Reporting Rule” (AERR), DAQ’s emissions inventory program provides sourcespecific emissions data to EPA, including lead emissions. Currently, there is no state or federal 

regulation in place that requires installation of continuous emission lead monitors at any 

stationary source in West Virginia.

 

In accordance with the emission reports and recordkeeping requirements set forth in 40 CFR part 

51, subpart K, W.Va. Code section 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) of lead through permits issued under 45CSR13, 

45CSR14, 45CSR19, 45CSR30, and via compliance orders. Pursuant to W.Va. Code section 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). DAQ

periodically reports emission inventory information to EPA as required by 40 CFR part 51, 

subparts A and K.

W.Va. 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.” W.Va. Code section 22-5-

4(a)(3) authorizes the Secretary to correlate periodic emissions reports with any lead emission 

limitations or standards established pursuant to 45CSR13, 45CSR14, 45CSR19, 45CSR30 or the 

CAA. As set forth in W.Va. Code section 22-5-10, the Secretary makes available at reasonable 

times for public inspection the periodic emissions reported under W.Va. Code sections 22-5-

4(a)(14) & (15). The Secretary has the responsibility of making all records, reports or 

information obtained by the WVDEP 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 WVDEP 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 that would relate to section110(a)(2)(F) of the CAA. WVDEP generally makes 

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

available upon written request. EPA finds that West Virginia has met this element pursuant to 

the 2011 Lead Infrastructure Guidance.

8. Section 110(a)(2)(G): Emergency episodes

West Virginia has authority comparable to that in section 303 of the CAA and adequate 

contingency plans to implement such authority. Section 303 of the CAA provides authority to 

the EPA’s Administrator to restrain any source from causing or contributing to emissions which 

present an “imminent and substantial endangerment to public health or welfare, or the 

environment.” W.Va. 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 W.Va. Code section 22-5-6, the Secretary may also institute 

lawsuits for civil penalties. W.Va. Code section 22-5-7 authorizes the Secretary to seek 

applications for injunctive relief. W.Va. Code section 22-5-8 authorizes the Secretary, with the 

written authorization of the Governor, to shut down a source of lead emissions, thereby 
9

preventing the emission of air pollutants which substantially contributes to an emergency that 

requires immediate action to protect public health. As provided in W.Va. 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 W.Va. Code sections 22-5-5, 22-5-6, 22-5-7 or 22-5-

8. 

Since no classification system for emergency episode plans has being established for lead under 

40 CFR part 51, subpart H, EPA concludes that West Virginia satisfies the criteria to be 

classified as a Priority III Region under 40 CFR 51.150(f) for lead. Thus, pursuant to 40 CFR 

51.152(c), West Virginia does not need to develop episode contingency plans. EPA finds that 

West Virginia has met the requirements of section 110(a)(2)(G) of the CAA in accordance with 

the 2011 Lead Infrastructure Guidance.

9. Section 110(a)(2)(H): Future SIP revisions

West Virginia demonstrated that it has adequate authority to satisfy the SIP revisions, set forth in 

40 CFR 51.104. Specifically, W.Va. Code section 22-5-4(a)(16) authorizes the Secretary to do 

all things necessary and convenient to prepare and submit a plan for the implementation, 

maintenance and enforcement of the CAA. When, if ever, EPA finds the SIP is substantially 

inadequate to attain the 2008 lead NAAQS which it implements or otherwise to comply with the 

CAA, West Virginia will revise the plan as necessary for adequacy. 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. West Virginia has promulgated various versions of the rule 

45CSR8 “Ambient Air Quality Standards” to take account of revisions of, and maintain, the 

primary and secondary NAAQS. EPA proposes to find this element is in accordance with the 

2011 Lead Infrastructure Guidance.

10. Section 110(a)(2)(I): Nonattainment area plan or plan revision under part D

As noted above, EPA does not expect infrastructure SIP submissions to address this element. 

Nonattainment area plans required under part D of Title I of the CAA are required on a different 

schedule from the CAA section 110(a)(2) infrastructure elements and, thus, will be reviewed and 

acted upon through a separate process.

11. Section 110(a)(2)(J): Consultation with government officials, public notification, PSD, 

and visibility protection

West Virginia satisfies the applicable requirements of section 121 of the CAA. The APCA 

provides adequate authority under W.Va. Code section 22-5-4(a)(2) for West Virginia’s practices 

of consultation with local governments, organizations and Land Managers for purposes of air 

pollution control. WVDEP also consults with such entities regarding implementation plans for 

air quality maintenance requirements, preconstruction review of direct sources, nonattainment 
10

requirements, and prevention of significant deterioration. For the 2008 lead NAAQS, West 

Virginia’s permitting program includes three SIP-approved rules: minor NSR rule 45CSR13 (68 

FR 9559), PSD rule 45CSR14 (76 FR 30832), and major NSR rule 45CSR19 (71 FR 64468). 

West Virginia also has an approved Title V operating permit program (66 FR 50325). WVDEP 

has previously demonstrated a commitment to such consultation through encouragement and 

support for an Early Action Compact, and through Federal Land Manager consultation for the 

West Virginia Regional Haze SIP.

W.Va. Code section 22-4-(a)(10) authorizes the WVDEP’s DAQ to notify the public of 

imminent and serious hazards to public health. W.Va. 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 Air 

Quality Annual Report contains emissions information and air quality highlights from the 

previous year, provides public awareness of criteria pollutants and their effects on health, and 

provides educational website links to tips that improve air quality, links to technical websites and 

outreach efforts.

With regard to the requirement of the SIP to meet the applicable requirements for visibility 

protection, EPA would not expect to treat this provision as applicable for purposes of the lead 

infrastructure SIP approval process. EPA recognizes that states are subject to visibility 

protection and regional haze program requirements under part C of Title I of the CAA (which 

includes sections 169A and 169B). However, in the event of the establishment of a new primary 

NAAQS, the visibility protection and regional haze program requirements under part C of Title I 

of the CAA do not change. Thus, EPA concludes there are no new applicable visibility 

protection obligations under CAA section 110(a)(2)(J) as a result of the 2008 lead NAAQS. 

Therefore, the visibility related requirement of CAA section 110(a)(2)(J) is not required to be 

addressed with respect the 2008 lead NAAQS. Previously, EPA approved West Virginia’s 

Regional Haze Program on March 23, 2012, which contains provisions for visibility protection in 

West Virginia (77 FR 16937). EPA will take separate action on the portion of CAA section 

110(a)(2)(J) for the 2008 lead NAAQS as it relates to the West Virginia’s PSD program required 

by part C of Title I of the CAA.

12. Section 110(a)(2)(K): Air quality modeling and data

EPA proposes to find that West Virginia has the authority and technical capability to conduct air 

quality modeling in order to assess the effect on ambient air quality relevant pollutant emissions. 

W.Va. Code sections 2-5-4(a)(1) & (3) authorize 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 EPA’s Administrator. WVDEP’s DAQ employs one full time technical 

employee who is responsible for air quality modeling. West Virginia will perform modeling, as 

required under the CAA to demonstrate attainment of the 2008 lead NAAQS. Air quality 
11

modeling to be conducted with respect to the 2008 lead NAAQS may be based on sourceoriented dispersion models such as AERMOD.

Also, West Virginia can provide relevant ambient air quality data as part of the permitting and 

NAAQS interpretation process. W.Va. Code sections 22-5-10, 22-5-4(a)(2) and 22-5-4(a)(16)

authorize the Secretary to submit, upon request by the EPA’s Administrator, modeling data

predicting the effect on ambient air quality of any emissions of any air pollutant for which the 

Administrator has established a NAAQS. West Virginia will submit to EPA current and future 

air quality modeling data, including lead emissions, 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): Permitting fees

West Virginia’s program permit fees are contained in the SIP-approved PSD rule 45CSR14 (76 

FR 30832) and major NSR rule 45CSR19 (71 FR 64468). West Virginia also has an approved 

Title V operating permit program under 45CSR30 (66 FR 50325). Title V program’s permit 

fees, which satisfy the fee determination and certification requirements set forth in 40 CFR 70.9,

are contained in 45CSR30. The collected fees in West Virginia have been sufficient to cover the 

costs of permit review and implementation and enforcement of permit terms and conditions. 

14. Section 110(a)(2)(M): Consultation and participation by affected local entities

The Secretary has the authority under W.Va. Code section 22-5-4(a)(16) “to do all things 

necessary and convenient to prepare and submit a plan or plans for the implementation, 

maintenance and enforcement of the Federal Clean Air Act.” Under this statute, and pursuant to 

the General Plan Requirements set forth in 40 CFR 51.240, the WVDEP’s DAQ is the 

organization authorized to develop, implement and enforce West Virginia SIP. W.Va. 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. DAQ 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.

In accordance with the federal procedural requirements at 40 CFR 51.102, any plan or plan 

revision, or individual compliance schedule, prepared by DAQ is subject to a 30 day public 

notice period with public hearing, or in cases where there is little anticipated public interest, the 

opportunity for a public hearing. State rules which contain such public notice procedures include 

permitting rules 45CSR13, 45CSR14, 45CSR19 and 45CSR30. The public notice and hearing 

processes fulfill the requirements for consultation with local political subdivisions affected by 

the SIP. EPA proposes to find that West Virginia has met this element per the 2011 Lead 

Infrastructure Guidance.
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F. CONCLUSIONS AND RECOMMENDED AGENCY ACTION

EPA’s analysis of West Virginia’s infrastructure submittals for the 2008 lead NAAQS proposes 

to conclude that West Virginia’s submittals meet the requirements of section 110(a)(2)(A), (B), 

(C), (D), (E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof, of the CAA. It is 

recommended that a notice of proposed rulemaking be prepared approving West Virginia’s 

infrastructure submittals for the 2008 lead NAAQS. EPA is taking separate action on the 

portions of CAA section 110(a)(2) infrastructure elements for the 2008 lead NAAQS as they 

relate to the West Virginia’s PSD program, as required by part C of Title I of the CAA, including

portions of CAA section 110(a)(2)(C), (D) and (J).