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. INTR ODUCTION

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. BAC KGROUND

On October 15, 2008 , EPA substantially strengthened the primary and secondary lead NAAQS (here after the “2008 lead NAAQS”)

, revising the level of the primary (health

- based) standard from 1.5 micrograms per cubic meter (μg/m 3 ) to 0.15 μg/m 3 , measur ed as total suspended particles (TSP) , not to be exceed ed 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 o n 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 th e 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

, 2011.2

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 infrastructu re 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 th e 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 t he following : CAA section 110(a)(2)(C)

, to the extent it refers t o permit programs under part D of Title I of the CAA

, referring to the nonattainment n ew 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. T his action does not cover these two specific elements.

As discussed above, for the 2008 lead NAAQS, states must provide SIP submissio ns, or provide certification that the existing SIP contains provisions address ing CAA s ection 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 U nder Sections 110(a)(1) and 110(a) (2) for the 2008 Lead (Pb) N ational Ambient Air Quality Standards (N AAQS ) ” (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 , whic h EPA is proposing to approve: CAA s ection 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L)

, and (M), or portions thereof.3

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) pro gram, 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 s ubmitted a SIP revision of its PSD program on August 31, 2011. Therefore, any portion of these infrastructure

e lements 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 compli ance to meet the appl icable requirements of the CAA. The Secretary of WVDEP (here after the Secretary ) holds the legislative authority to promulgate regulations concerning air poll ution control in accordance with the Administra tive Procedures Act (W.Va. Co de 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 re gulations , which are identifie d at 40 CFR 52.2520(c ): 45CSR7

- “ To Prevent and Control Particulate Air Pollution From Ma nufacturing Process Operations” 45CSR13

- “ Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air P ollutants, 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 Deter ioration” 4 5CSR19

- “ 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. T he measures in the s e regulations include provisions that are adequate to meet t he requirements of CAA section 110(a)(2)(A) for the 2008 lead NAAQS.4

2. Section 110(a)(2)(B) : Ambient air quality monitoring and data system

The Secretary has t he 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 ai r pollution and its control and abatement

. ” The D ivision of Air Quality (DAQ) of WVDEP currently operates and maintains an established lead network of ambient air monitors in W est Virginia for the purpose of assessing compliance with the 2008 lead NAAQS. The lead monitoring network in West Virginia mee ts the minimum network design criteria of 40 CFR part 58, a ppendix D. All lead monitors in place utilize the EPA

approved Federal Reference Method or Federal Equivalent Method, have met the minimum siting requirements of 40 CFR part 58, a ppendix E, and are subject to the quality assurance requirements of 40 CFR p art 58, a ppendix 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 monito ring 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 mo nitoring 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, a ppendix 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 in stalled 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 section s 22

- 5

- and 22

- 5

- 4( a)(2) and CAA section 1 10(a)(2)(B), WVDEP collect s and report s to EPA ambient air quality data for lead. West Virginia submits to EPA quarterly reports of air quality data to comply with the requirement s of 40 CFR 58.16. The air quality data for lead is reviewed, edited, valid ated, and entered into the E PA air quality system (AQS) for updating pursuan t to prescribed AQS procedures, and is c ertified 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) infrastructur e element, contained in the SIP

- approved regulations: 45CSR13, 45CSR14, and 45CSR19, as well as in the EPA

- approved Title V program codified in5

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 chemist ry 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 increas es. According to EPA’s report “La t est 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 c oncentration 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 v ery 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 Virgini a 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 emission s are greater than EPA’s threshold of 0.5 tpy. See West Virginia’s 2 011 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

. B ecause of the physical propertie s of lead, and the fact that there are no t any nonattainment areas for the 2008 lead NAAQS within 100 miles of the source, West Virginia expects that this lead source does not con t ribute 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 t o construct or reloca te a major stationary source or to make a major modification must demonstrate that allowable emission increases from the proposed source or modifi cation, in conjunction with all other applicable emission increases or reductions (including secondary emissions) would not cause or contribute to air pollution in violat ion of any NAAQS or any applicable maximum allow able increase over the baseline concentration in any area

. EPA find s that West Virginia meets the requirements describe d in CAA section 110(a)(2)(D)(i)(I)

.6

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, “Amb ient Pb’s Contribution to Class 1 Area Visibility Impairment,” June 17, 2011. Therefore, the visibility related requirement of CAA s ection 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 Regi onal Haze Program on March 23, 2012 , which
cont ains 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 p art 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 appl icable 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 s ection 126(a) th rough the adoption of 45CSR14

- 1 7 “ Public Revie w Procedures ,” which requires notification to other states of potential impacts from a source. C onsistent 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. Thu s, 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 s ection 126(b) or 126(c) , and EPA finds that W est 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 s ection 115 of the CAA, EPA has no expectation that the state would need to submit anything in regards to CAA s ection 115 at this time. West Virginia has made the necessary submittals to demonstrate that it has adequate provisions ensuring future compliance with the requir ements of s ections 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 adeq uate personnel to carry out the implementation plan with respect to the 2008 lead NA AQS requirements. At present, a staff of approxim ately 90 full time employees is employed at7

WVDEP’s DAQ. West Virginia ’s Air Director supervises the air monitoring, comp liance and enforcement, hazardous waste, permi tting and planning sections, as well as three regional DAQ offices, and answers t o the Secretary. DAQ believes its funding sources are sufficient to provide adequate personnel for those purposes and does not a nticipate any changes in resources considered necessary during 5 years following SIP submittal.

The A ir Pollution Control Act of West Virginia (A PCA ) provides adeq uate funding under W.Va. Code sections 22

- 1

- 10(a) and 22

- 5

- 4(a)(17) to carry out West Virginia SIP

. W.V a. 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 cov er 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 fun ds under s ection s 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 responsib ility 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 rep resent th e 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 necessar y and convenient to prepare and submit a plan or plans for the implementation, mai ntenan ce and enforcement of the Federal Clean Air Act

. ” The Secretary is not prohibi ted by any provision of federal or state law from carrying out the implementation pla n or portion thereof. The legal authorities specified are available to t he 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 Administra tive 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 Virg inia 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 2 011 Lead Infrastructure Guidance

.

7

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

W.Va. Code section 22

- 5

- 4(a)(15) authoriz es the Secretary to require the installation, maintenance and replacement of equip ment, and the implementation of other necessary steps by owners or operators of sta tionary sources to monitor and report emissions of lead from such sources as the Secr etary may prescribe

, through permits issued under 45CSR13, 45CSR14,8

45CSR19, 45CSR30, and via compliance orders. P ursuant to the 40 CFR p art 51, s ubpart A, “Air E mission Reporting Rule” (AERR)

, DAQ’s emissions inventory program provides source

specific emissions data to EPA , incl uding lead emissions

. C urrently

, there is no state or federal

r egulation in place that requ ires 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 p art 51, s ubpart 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 (mon itoring data) of lead through permits issued under 45CS R13, 45CS R14, 45CSR19, 45CSR30, and via compliance orders. Pursuant to W.Va. Code section 22

- 5

- 4(a)(14), the Secretary is authori zed to require such information as the Secretary may require in a form or man ner prescribed by the Secretary (emissions inventory progr am). DAQ periodic ally reports emission inventory information to EPA as required by 40 CFR part 51,

s ubparts 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 st andards 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 re cords, reports or informa tion obtained by the WVDEP or referred to at public hearings under the provisio ns 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, no tices of violation, enforcement orders, applications, permit review letters, sample result s, monitoring reports, permits, approvals

an d denials that would relate to section 110(a)(2)(F) of the CAA

. WVDEP generally makes information available for public access through its we bsite, but also makes hard copy reports available upon written request. EPA finds that West Virginia has met this element pursuant to
t he 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 aut hority 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, thereby9

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 section s 22

- 5

- 4(a)(2) and 22

- 5

- 10, the Secretary may consult with EPA to affirm accuracy of any informati on considered wh ile 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, s ubpart 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, p ursuant to 40 CFR 51.152(c), West Virginia do es not need t o develop episode contingency plans. EPA finds that West Virginia has met the requ irements 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 historicall y revised, and will continue to revise its NAAQS rules as necessary to take accou nt 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 versio ns of the rule 45CSR8 “Ambient Air Q uality Standards” to take account of revisions of, and maintain

, t he primary and secondary NAAQS. EPA proposes to find this element is in accordance with the 2011 Lead Infrastructure Guidance.

1 0

. Section 110(a)(2)(I ): Nonattainment are a plan or plan r evision under p art 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 s ection 110 (a)(2) infrastructure elements and, thus, will be reviewed and acted upon through a separate process.

1 1

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

West Virginia satisfies the applicable requirements of s ection 121 of the CAA. The APCA provides adequate authority u nder W.Va. Code section 22

- 5

- 4(a)(2) for West Virginia’s practices of consultation with local governments, organizations and Land Managers for pur poses of air pollution control. WVDEP also consults with such entities regarding implementation plans for air quality maintenance requirements, preconstruction review of direct sources, nonattainment10

requirements, and prevention of significant det erioration. 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 T itle 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 W est Virginia Regional Haze SIP.

W.Va. Code section 22

- 4

- (a)(10) authorizes th e WV DEP ’s DAQ to notify the public of imminent and serious hazards to public healt h. W.Va. Code section 22

- 1

- 12 provides authority for the public notification of NAAQS viol ations and education efforts as required by CAA

s ection 127. Each year, WVDEP iss ues a comprehensive Air Quality Annual Report, which compares monitored a ir quality data with the NAAQS and tracks the Air Quality Index. The Air Quality Annual Report contains emissions information an d air quality highlights from the previous year

, provides public awareness of criteria p ollutants 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 ar e subject to visibility protection and regional haze program requirements under p art 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 T itle 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 re lated requirement of CAA s ection 110(a)(2)(J) is not required to be addressed with respect the 2008 lead NAAQS. Previously, E PA approved West Virginia’s Regional Haze Program on March 23, 2012, which contains provisions for visibility prot ection in West V irginia (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.

1 2

. 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 quali ty 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 quality11

modeling to be conducted with respect to the 2008 lead NAAQS may be based o n source

oriented dispersion models such as AE R MOD.

Also, West Virginia can provide relevant ambient air quality data as part of the permitting and NAAQS interpretation process. W.Va. Code section s 22

- 5

- 10, 22

- 5

- 4(a)(2) and 22

- 5

- 4(a)(16) authorize the Se cretary 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.

1 3

. Section 110(a)(2)(L) : Permitting fees

West Virginia’s program permit fees a re contained in the SIP

- approved PSD rule 45CSR14 (76 FR 30832) and major NSR rule 45CSR19 (71 F R 64468). West Virginia also has an approved Title V operating permit program under 45CSR30 (66 FR 50325). Title V p rogram ’s permit fees

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

, are contained in 45CSR30

. T he collected fees in West Virginia have been sufficient to cover the costs of permit review and implementation and enforcement of permit terms and co nditions.

1 4

. 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 dev elop, implement and enforce W est Virginia SIP. W.Va. Code section 22

- 5

- 4(a)(2) authorizes the Secretary to advise, consult

, and cooperate with local pol itical subdivisions affected by the implementation plan. West Virginia consults with l ocal governments, organizations and Land Mana gers w ith respect to SIP development. DAQ also consults with such entities regarding imple mentation plans for air quality maintenance requirements, preconstruction review o f direct sources, nonattainment requirements, and prevention of significant deterio ration.

In accordance with the f

ederal pro cedural requirements at 40 CFR 51.102, any plan or plan revision, or individual com pliance schedule, prepared by DAQ is subject t o a 30 day public notice period with public hearing, or in cases where there is litt le anticipated public interest , the opportunity for a public hearing. State rules w hich contain such public notice procedures include
per mitting 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.12

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 par t C of Title I of the CAA, including portions of CAA section 110(a)(2)(C), (D) and (J ).