-dep 

west virginia department of environmental protection 

Executive Office 

60 I 57th Street SE 

Charleston, WV 25304 

Mr. Shawn M. Garvin 

Regional Administrator 

U.S. EPA, Region III (3RAOO) 

1650 Arch Street 

Philadelphia, PA 19103-2029 

June 25, 2013 

Earl Ray Tomblin, Governor 

Randy C. Huffman, Cabinet Secretary 

www.dep.wv.gov 

Re: Revision to the West Virginia State Implementation Plan Pursuant to Clean Air Act 

§110(a)(2)(A)-(M) Requirements for the 2010 1-hour S02 NAAQS- Request For 

Approval 

Dear Administrator Garvin: 

On behalf of the State of West Virginia, I am herein submitting a revision to the State 

Implementation Plan (SIP) to satisfy state obligations under the Clean Air Act Section 

110(a)(2)(A)-(M) requirements for the 2010 1-hour sulfur dioxide National Ambient Air Quality 

Standards (NAAQS). In this revision to the SIP, West Virginia is demonstrating that it has adequate 

resources and authority to implement the 2010 1-hour sulfur dioxide NAAQS. 

The SIP revision includes appropriate documentation which demonstrates that state and federal 

administrative procedural requirements have been fulfilled, including public participation. The 

public comment period ended on May 20, 2013. Included with this submittal is an electronic copy 

on compact disk in searchable PDF format. We certify that the enclosed electronic copy contains 

an exact duplicate of information contained in the hardcopy submission. 

If you have any questions regarding this submittal or require additional information, please 

contact John A. Benedict, Director of the Division of Air Quality at (304) 926-0462. 

RCH/jlm 

Enclosure 

cc: Diana Esher (3APOO) 

John A. Benedict, Director, WVDEP 

Sincerely, 

Randy C. Huffman 

Cabinet Secretary 

Promoting a healthy environment. 
west virginia department of environmental protection

Final West Virginia 

State Implementation Plan Revision for 

Clean Air Act §110(a)(2)(A)-(M) 

Requirements for Sulfur Dioxide 

June 25, 2013 

West Virginia Division of Air Quality 

601 57th Street, SE 

Charleston, W.Va. 25304 

Promoting a healthy environment 
This page intentionally left blank.
Final West Virginia State Implementation Plan Revision for 

Clean Air Act 

§110(a)(2)(A)-(M) Requirements for Sulfur Dioxide 

A State Implementation Plan (SIP) is a plan for each state that identifies how that state will attain and/or maintain thNational Ambient Air Quality Standards (NAAQS). The SIP is a series of complex, fluid documents containing regurequirements, non-regulatory items such as plans and inventories, and in some cases additional requirements promulEnvironmental Protection Agency (EPA). The initial SIPs for states were approved by EPA on May 31, 1972. SIPs cwith EPA approval as necessary. The federally enforceable SIP for West Virginia is compiled in 40 CFR Part 52, Suto the SIP, West Virginia is demonstrating that it has adequate resources and authority to implement the 2010 1-hour NAAQS. The 2010 1-hour SO2 NAAQS are incorporated by reference in West Virginia legislative Rule 45CSR8. 

This SIP revision addresses requirements of §(a)(2)(A)-(M) of the Clean Air Act (CAA), many of which have been arevisions. It is a compilation of elements that demonstrate how the primary or secondary 2010 1-hour SO2 NAAQS i

maintained and enforced in West Virginia. The elements of this SIP revision, once approved by EPA, will provide a compilation of how West Virginia will continue to comply with the §110(a)(2) requirements of the CAA. 

In 1961, the State Legislature passed the Air Pollution Control Law of West Virginia, making West Virginia the sixtstatewide air pollution control law. The law provided for a separate state agency composed of a seven member Commstaff. The powers, authorities and funding of the original Commission were subsequently conveyed to the Office of Athe Division of Air Quality (WVDAQ) within the West Virginia Department of Environmental Protection (WVDEP

legal authorities now incorporate over 90 full time staff, with a multi-million dollar annual budget and approximately 

DAQ has a variety of substantial funding sources, including construction/modification permit fees, Title V operating 

operating fees, general State revenue and federal grant monies. The agency has demonstrated the ability to implement state and federal requirements for over fifty years as most recfederally approved revision to the West Virginia hospital/medical/infectious waste incinerator §111(d)/129 plan, limVirginia’s Regional Haze SIP revision, and approval of revisions to West Virginia’s Prevention of Significant DeteriSIP. Additionally, the entire state of West Virginia has been designated attainment/unclassifiable for the 2008 ozone 

authority for the West Virginia air quality program relating to the responsibilities in the Clean Air Act is codified in Pollution Control Act, W.Va. Code §22-5, more specifically §22-5-1, which gives West Virginia the primary responquality pursuant to the CAA. Many elements of §110(a)(2)(A)-(M) already exist in the approved SIP or recently subother NAAQS. This SIP revision may reiterate and/or reinforce some of these previously submitted and/or approved 

requirements, such as those for intergovernmental consultation, air quality modeling and compliance with Part D of t

during the development and submission to EPA, as a SIP revision, of attainment plans and related requirements due Subpart 5 of the CAA. Based on 2010-2012 monitoring data, West Virginia has recommended that only two partial 

&Marshall) be designated as 2010 1-hour SO2 non-attainment areas. The remainder of West Virginia is identified as 

attainment/unclassifiable for the 2010 1-hour SO2 NAAQS. 
Section 

110(a) element The implementation plan shall: West Virginia Implementation 

§110(a)(2)(A) include enforceable emission 

limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance as may be necessary or appropriate to meet the applicable requirements of this Act. 

Enforceable Emission Limitations and Other Control MeasuresW.Va. Code, §22-5-1 declares the state’s public policy “to 

responsibility for assuring air quality pursuant to the ‘Federal Camended.” The West Virginia Department of Environmental PSecretary (Secretary) has the authority under §§22-5-4(a)(1) & (3) and means for the regulation and control of pollution of the air oSecretary has the authority under §§22-1-3(a), 22-5-4(a)(4) and promulgate rules in accordance with the Administrative ProcedureW.Va. Code §§29A3-1 et seq. Approximately forty air quality rules imthe auspices of the APCA are currently in effect and codified at TitVirginia Code of State Rules (CSR), including the ambient air qua

criteria pollutants (including the 2010 1-hour SO2 NAAQS) contained 

45CSR8. Existing, enforceable SIP provisions which WVDAQ has adopted thof SO2 and other control measures for SO2 may be found in the CS

appropriate to meet the applicable requirements of the CAA: 45CSR10 - The purpose of this SIP approved rule (68FR33002pollution from the emission of sulfur oxides. 45CSR10 contains emissources of SO2 emissions in West Virginia. 

45CSR10A - This rule provides guidance and clarification for cotesting, monitoring, recordkeeping and reporting requirements of 45C45CSR11 - The purpose of this SIP approved rule (58FR34526mechanism to prevent the buildup of air pollutant concentrations adverse meteorological conditions in which air pollutants may accpreventing the occurrence of an emergency due to the effects of thhealth. To achieve this purpose, three (3) stages of criteria (pollulevels) have been established and specific emission reduction plans which will be initiated at each criteria stage to prevent further detesupply to any air quality region or substantial portion thereof. 4episode criteria, methods of measurement, preplanned reductioemission reduction plan requirements for sources of SO2 emissions i

45CSR13 - The purpose of this SIP approved rule (72FR5932) iprocedures for stationary source reporting, and the criteria for obt
§110(a)(2)(A) (continued) 

construct and operate a new stationary source which is not a major 

to modify a non-major stationary source, to make modifications whmodifications to an existing major stationary source, to relocate nosources within the state of West Virginia. Such a permit may cenforceable SO2 emission limit. SO2 is a “regulated pollutant’” 

45CSR§13-2.20.b. An emissions increase of six (6) pounds per hour per year or more, or more than 144 pounds per calendar day 

modification under 45CSR13. 45CSR14 - The purpose of this SIP approved rule (77FR63736) prevention of significant deterioration permit program requirements CAA. 45CSR14 contains a significance level for SO2 of 40 tpy and 

levels of 1.0, 5.0 and 25.0 μg/m3 for annual, 24 and 3-hour 

respectively. 45CSR14 also contains a de minimis air quality impac13 μg/m3 over a 24 hour averaging time and a maximum a

concentration increase over baseline concentration of 20, 91 and 512 

arithmetic mean, 24-hour maximum and 3-hour maximum respectively, in Class II areas. A PSD source in an attainment area 

emission limitation in a permit under 45CSR14 based upon a Baccordance with CAA §§165(a)(3) and (4). 45CSR16 - The purpose of this rule is to incorporate the fedPerformance Standards under Part A of the CAA and 40 CFR Part received NSPS program delegation for Part 60 NSPS authority unDecember 14, 1984 at FR48692. West Virginia has received automauthority to enforce Part 60 NSPS in accordance with EPA letters 

01/08/02 as well as EPA’s Notice at 67FR15486. All current emisstandards of performance for SO2 promulgated under 40 C

incorporated by reference under 45CSR16, except any limitation or be included in Subparts B, C, Ca, Cb, Cc, Cd, Ce, Ea, Eb, Ec, WWCCCC, DDDD, EEEE, FFFF, LLLL and MMMM. 45CSR18 - The purpose of this rule is to adopt standards of establish emission guidelines and compliance times pursuant to §§the CAA for solid waste combustion sources in West Virginia. EPA West Virginia’s §111(d)/129 Plan for hospital/medical/infectious wa77FR3389. §111(d)/129 solid waste combustion sources in West Vto any applicable SO2 standard of performance or emission guide

under 40 CFR 60, Subparts Eb, AAAA, Ec, Ce, CCCC, DDDD, EEEE 45CSR19 - The purpose of this SIP approved rule (71FR64468) nonattainment area new source review permit program requirementCAA. 45CSR19 contains a significance level for SO2 of 40 tpy and 

levels (ambient air concentration increase) of 1.0, 5.0 and 25.0 μg/
§110(a)(2)(A) (continued) 

and 3-hour averaging times, respectively. A NSR source in a SO

area may have a SO2 emission limitation in a permit under 45CSRLAER analysis. West Virginia has two partial counties (Brooke & Mas potential 1-hour SO2 non-attainment areas. 

45CSR30 - This rule establishes a permitting program pursuant to TAny major stationary source subject to federally enforceable SO2 em

or control measures pursuant to 45CSR10, 45CSR11, 45CS45CSR16, 45CSR18, 45CSR19, 45CSR33 or 45CSR41 will be conissued by the Secretary under its established Title V permit progrdate of interim approval of West Virginia’s Title V Program an12/15/95. EPA fully approved the West Virginia Title V program via 10/03/01 (66FR50325). EPA approved revisions to 45CSR30 conta07/01/01 rule via a separate DFR published on 10/09/01 (66revisions became federally effective 11/23/01. West Virginia submitteapproved Operating Permit Program to EPA Region III on June 6, 2045CSR33 - This rule establishes and adopts general provisions apermit program requirements for affected sources and affected unRain Program promulgated by the EPA under Title IV of the incorporates by reference the following provisions: 40 CFR PRegulation”; 40 CFR Part 74, “Sulfur Dioxide Opt-Ins”; 40 CFR PaEmissions Monitoring”; 40 CFR Part 76, “Nitrogen Oxides Reduction 

CFR Part 77, “Excess Emissions”. The rule was submitted to US1995 as part of the state’s Title V requirements and approved effecwith interim approval of the West Virginia Title V program. 45CSR41 – This SIP approved rule (74FR38536) establishes genethe designated representative, permitting, allowance and monitoring state CAIR SO2 Trading Program pursuant to the federal Clean A

under §110 of the CAA, 40 CFR Part 96, Subparts AAA through H§51.124 for state implementation plans as a means of mitigating intefine particulates and SO2. 

West Virginia has two partial counties (Brooke & Marshall) identifihour SO2 non-attainment areas. Emissions limitations and other 

needed to attain the NAAQS in areas designated nonattainment fobe due on a different schedule from the §110 infrastructure elemreviewed and acted upon with regard to approvability for the specific an attainment plan under CAA Title I part D through a separate proceWest Virginia has two existing SO2 maintenance plans that have b

EPA; one for the Weirton area (70FR1664) and one for the New (70FR33364). 
§110(a)(2)(B) provide for establishment and 

operation of appropriate devices, methods, systems, and procedures necessary to monitor, compile, and analyze data on ambient air quality, and upon request, make such data available to the Administrator; 

Establishment of Ambient Air Quality Monitoring System: PCode, §22-1-1(a)(1), “protecting the environment is fundamental welfare of individual citizens,” and, the state “has a duty to provihealthful environment for our citizens.” Under §22-1-1(a)(2), “the sta

responsibility for protecting the environment.” §22-1-1(b) “destablishment of a department of environmental protection is in the that “It is the policy of the state .....to use all practical means and m

or eliminate harm to the environment and biosphere, to create and munder which man and nature can exist in productive harmony, .....” Additionally, §22-5-1 declares the state’s public policy “to fulfill its prfor assuring air quality pursuant to the ‘Federal Clean Air Act’, as amAs set forth in §22-1-1(b)(5), the WVDEP, “insofar as federal envirorequire state participation” must “endeavor to obtain and continue s

administration of such federally-mandated programs,.....and to appropriate federal agencies to meet environmental goals.” 

Under §22-1-6(a), the Secretary “is the chief officer of the departmenduties and authority pursuant to §§22-5-2(3) and 22-5-4. The Secretary has the authority under W.Va. Code §§22-5-4(a)(1) 

ways and means for the regulation and control of pollution of the a“conduct such studies and research relating to air pollution anabatement”. Therefore, under manifold statute authority, West Virginia operates established network of fourteen ambient SO2 monitors in West Virgi

of assessing compliance with the 2010 1-hour SO2 NAAQS, which 

for in the CAA. Monitoring System Operation: To assess 2010 1-hour SO2 NA

WVDAQ operates a network of SO2 monitors in West Virginia 

designated by EPA as either Federal Reference or Federal Equivanetwork monitors air quality for the 2010 SO2 NAAQS at appro

accordance with the Ambient Air Monitoring Reference and Equival40 CFR Part 53 and the Ambient Air Quality Surveillance requireme58. Ambient air monitors are subjected to the Quality Assurance rCFR Part 58 Appendix A. Additionally all monitors have met threquirements of Part 58, Appendix E. WVDAQ analyzes collected determine attainment status under the 2010 1-hour SO2 NAAQS. 

On June 22, 2010, EPA revised the SO2 NAAQS Amendments to A
§110(a)(2)(B) (continued) 

and Reporting Requirements. As a result, the WVDAQ now collec

5-minute average data from all fourteen SO2 monitoring sites. 

Availability of Data: In order to keep EPA informed of plannemonitoring sites, WVDAQ provides EPA Region III with adequate Details of these modifications and anticipated approvals of the communicated to EPA. On an annual basis, WVDAQ submits to EPdesign plan and periodic network assessment required under 40 describes how West Virginia is complying with monitoring requiremany modifications to the monitoring network. This plan also provides each system modification, the reason for each modification, and anrelevant to the modification pursuant to 40 CFR §58.14. To demonthat West Virginia meets changes in monitoring requirements related NAAQS, on June 27, 2012 West Virginia submitted a 2012 AMonitoring Network Design Plan to EPA. The plan was consequently 

via letter received by West Virginia on March 4, 2013. 

As provided in W.Va. Code §§22-5-4(a)(2), 22-5-10 and §110(a)(WVDAQ collects and reports in a timely manner to EPA ambient SO2. The reports comply with the Data Submittal and Archiving Req

in CFR §58.16. The data is reviewed, edited, validated, and enterequality system (AQS) for updating pursuant to prescribed AQS proAQS receives each report within 90 days after the end of the quarterData is certified annually as required under 40 CFR §58.15. 

§110(a)(2)(C) include a program to provide for 

the enforcement of the measures described in subparagraph (A) and regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved, including a permit program as required in parts C and D; 

Enforcement of Control Measures for the 2010 1-Hour SO2 NA

W.Va. Code §22-1-6(a), the WVDEP Cabinet Secretary “is the cdepartment” with the powers, duties and authority pursuant to §§22-5The Secretary has the authority under W.Va. Code §§22-1-3(a), 225-4(a)(17) to promulgate rules in accordance with the Administrativ(W.Va. Code §§ 29A3-1 et seq.) The Secretary has the authority under W.Va. Code §22-5-4(a)(5requiring compliance with the provisions of this article and t

promulgated hereunder.” The Secretary has the authority under W.Va. Code §22-5-4(a)(9) “to any property, premise or place .... for the purpose of ascertaicompliance with this article and the rules promulgated under the article.” The Secretary has the authority under W.Va. Code §22-5-4(a)(16
§110(a)(2)(C) (continued) 

necessary and convenient to prepare and submit a plan o

implementation, maintenance and enforcement of the Federal Clean The Secretary also has the authority under W.Va. Code §22-5-5 directing a person to cease and desist activity which violates the proet seq. and the rules promulgated pursuant thereto. 

Pursuant to W.Va. Code §22-5-6, violators of the provisions of §22-5

rules promulgated pursuant thereto are subject to civil penalty. 

West Virginia therefore has an established legal framework and provide for the enforcement of the emission limitations and other methe §110(a)(2)(A) element of this document, and contained in a pe45CSR10, 45CSR13, 45CSR14, 45CSR18, 45CSR19, 45CSR3

45CSR41. Preconstruction NSR Permitting of Minor Sources: West Virgin

rule 45CSR13 (72FR5932) governs the minor NSR program for souof SO2 and provides for pre-construction permitting regarding the 

construction of minor stationary sources and the minor modification osources pursuant to 40 CFR §§51.160-164. 45CSR13 addresses the impact of permitted sources on the 2010 1-

through permits which contains the emission standards, registratiomonitoring, recordkeeping and reporting requirements for sources 

contained in 45CSR10, and the New Source Performance St

promulgated under 40 CFR Part 60 and incorporated by reference in The EPA issued a general policy statement on the topic of “promineof minor source programs and permits, in a memorandum dated AJanet McCabe, Principal Deputy Assistant Administrator, Office of Aentitled “Minor New Source Review Program Public Notice RequirCFR §51.161(b)(3)”. West Virginia follows this general policy advertisement of minor source permitting actions under 45CSR13. Preconstruction PSD Permitting of Major Sources: The PrevenDeterioration (PSD) program contained in Part C of Title I of preconstruction review and permitting of any new or modified major of air pollutants regulated under the CAA as well as any precursors tthat pollutant when identified for regulation by EPA. The PSD profuture growth and provide for continued maintenance of the 2010 1-h

West Virginia’s PSD program is set forth in SIP approved rule 45CSR45CSR14 implements a comprehensive PSD permit program as requ
§110(a)(2)(C) (continued) 

of Title I of the CAA for all regulated NSR pollutants (or precursors) regulation under the CAA. 45CSR14 limits PSD applicability 

greenhouse gas-emitting sources by adopting the applicability thresEPA’s Tailoring Rule. Pursuant to CAA §165(a)(3), the WVDAQ is authorized to implemenpermit program in order to ensure that the construction and modstationary sources will not cause or contribute to a violation of the 

NAAQS (or any NAAQS or increment) in West Virginia or another stthe source impact analysis requirements of 45CSR§14-9.1 and 40 CPursuant to CAA §165(a)(4), a new or modified PSD source in amay have a SO2 emission limitation in a permit under 45CSR14 b

available control technology (BACT) analysis, and application oregulated NSR pollutant that has the potential to emit in signifaccordance with the control technology review requirements in 40 and as set forth in 45CSR14-8. 45CSR14 contains a significance level for SO2 of 40 tpy and signifi

of 1.0, 5.0 and 25.0 μg/m3 for annual, 24 and 3-hour averaging ti

45CSR14 also contains a de minimis air quality impact concentration 

a 24 hour averaging time and a maximum allowable pollutant concover baseline concentration of 20, 91 and 512 μg/m3 for annual arit

hour maximum and 3-hour maximum averaging times, respectively, iWest Virginia has timely submitted all structural PSD program provSIP submission deadline has passed, with the exception of the reinclusion of condensable emissions of particulate matter within ‘‘regulated new source review pollutant.’’ West Virginia will correct thit submits 45CSR14 as a SIP revision in June 2014. EPA has not proposed to amend the PSD regulations with regard t

SO2 NAAQS. However, West Virginia will revise its PSD program 

applicable EPA amendments of the SO2 PSD rules within three year

such amendments. 

§110(a)(2)(D) contain adequate provisions - 

(i) prohibiting, consistent with the provisions of this title, any source or other type of emissions activity within the state from emitting any air pollutant in amounts which 

Interference With Required Measures Under Part C: West Virg

new major sources and major modifications in the state are subject tPrevention of Significant Deterioration (PSD) permit program as 

approved rule 45CSR14 (77FR63736). This PSD program required of the CAA governs the preconstruction review and permitting 

stationary sources or major modification with respect to regulateunder the CAA, as well as any precursors to the formation of suc
§110(a)(2)(D) (continued) 

will- (I) contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to any such national primary or secondary ambient air quality standard, or (II) interfere with measures required to be included in the applicable implementation plan for any other State under part C to prevent significant deterioration of air quality or to protect visibility, (ii) ensuring compliance with the applicable requirements of sections 126 and 115 (relating to interstate and international pollution abatement); 

identified for regulation by EPA. 45CSR14 also limits PSD applicabgreenhouse gas-emitting sources by adopting the applicability threEPA’s Tailoring Rule. 45CSR14 regulates future growth and provide for continued mainte1-hour SO2 NAAQS. This rule includes specific federal requireme

that new or modified sources do not interfere with measures to pdeterioration of air quality by providing a mechanism to prevent thany new non-attainment problems. 45CSR14 requires the evaluatiopollutants and to preclude the construction or relocation of any major or major modification in any area classified as attaining NAAQS owhich the establishment of such source or modification may interfere the prevention of significant deterioration of air quality levels. Pursuant to CAA §165(a)(3), the WVDAQ is authorized to implemenpermit program in order to ensure that the construction and modstationary sources will not cause or contribute to a violation of the 

NAAQS (or any NAAQS or increment) in West Virginia or another stthe source impact analysis requirements of 45CSR§14-9.1 and 40 CPursuant to CAA §165(a)(4), a new or modified PSD source in amay have a SO2 emission limitation in a permit under 45CSR14 b

available control technology (BACT) analysis, and application oregulated NSR pollutant that has the potential to emit in signifaccordance with the control technology review requirements of 45CCFR §51.166(j). West Virginia has timely submitted all structural PSD program provSIP submission deadline has passed, with the exception of the reinclusion of condensable emissions of particulate matter within ‘‘regulated NSR pollutant.’’ West Virginia will correct this omission 45CSR14 as a SIP revision in June 2014. EPA has not proposed to amend the PSD regulations with regard t

SO2 NAAQS. However, West Virginia will revise its PSD program 

applicable EPA amendments of the SO2 PSD rules within three year

such amendments. In-state sources not subject to PSD for all NAAQS because nonattainment area also may have the potential to interfere with PSD or unclassifiable area of another state. West Virginia confirms that nand major modifications in non-attainment areas of the state anonattainment area new source review (NNSR) permit program und45CSR19. The purpose of this SIP-approved rule (71FR64468) 
§110(a)(2)(D) (continued) 

nonattainment area NNSR requirements in Part D of the CAA. 45Csignificance level for SO2 of 40 tpy and significant impact lev

concentration increase) of 1.0, 5.0 and 25.0 μg/m3 for annua

averaging times, respectively. A NNSR source in a SO2 non-atta

have a SO2 emission limitation in a permit under 45CSR19 bas

analysis. West Virginia has two partial counties (Brooke & Marshall) 

non-attainment areas.Interference With Measures Required to Protect Visibility: West to a RAVI FIP (*45132, [AD-FRL-3282-3], November 24, 1987). West Virginia confirms that new major sources and major modificatiosubject to a comprehensive PSD permit program as set forth in 45CSR14 (77FR63736). West Virginia confirms that new major sources and major moattainment areas of the state are subject to the nonattainment area (NNSR) permit program as set forth in SIP-approved rule 45CSR19 (West Virginia received partial approval of its Regional Haze SIP on 77FR16973. The SIP revision did not receive full approval solereliance on the Clean Air Interstate Rule.

Interstate and International Pollution Abatement: West Virginia that it has met its obligations pursuant to CAA §126(a) throug45CSR§14-7, Public Review Procedures (77FR63736) which remodified source to notify other states of potential impacts from a sowith 40 CFR §51.166(q)(2)(iv). No source or sources within Wesubject of an active finding under §126 of the CAA with respect to There are no final findings under §115 of the CAA against West Virgany air pollutant. 

§110(a)(2)(E)(i) provide 

(i) necessary assurances that the state (or, except where the 

Administrator deems inappropriate, the general purpose local government or governments, or a regional agency designated by the state or general purpose local governments for such purpose) 

Personnel: WVDAQ has demonstrated adequate personnel implementation plan with respect to the 2010 1-hour SO2 NAAQS. T

organizations in West Virginia that participate in developing, enforcing the SIP (40 CFR §51.240). The Secretary employs adequretains specialists under W.Va. Code §22-5-4(a)(8) that are "nececonvenient" to accomplish the statutory mandate to carry out the imWVDAQ has a staff of approximately 90 full time employees. The Director supervises the air monitoring, compliance and enforcementpermitting and planning sections, as well as three regional WVanswers to the WVDEP Cabinet Secretary. Because of the nature state economy, WVDAQ does not anticipate any changes in res
§110(a)(2)(E)(i) (continued) 

will have adequate personnel, funding, and authority under state (and, as appropriate, local) law to carry out such implementation plan (and is not prohibited by any provision of federal or state law from carrying out such implementation plan or portion thereof); 

necessary during the 5 years following SIP submittal; and projects need at 1, 3, and five year intervals (40 CFR §51.280). Funding: The APCA provides adequate funding under W.Va. Code 

22-5-4(a)(17) to carry out the implementation plan. W.Va. Code §22statutory operating permit requirements for stationary sources unCAA. 45CSR30 establishes fees sufficient to cover the direct anadministering the Title V operating permit program. The APCA aestablishment of fees to cover non-Title V permitting costs undeVirginia’s air quality program also receives revenue from fines settlements (Air Pollution Control Fund) and federal funds under §§CAA, and state general fund appropriations. Legal Authority: W.Va. Code §22-5-1, declares the state's policy "

responsibility for assuring air quality" pursuant to the CAA. The Secr

under W.Va. Code §§22-1-6(c)(1) and 22-5-4(a)(12) to carry out state in any and all matters pertaining to the implementation plan, incSIP as necessary. The Secretary has the authority under W.Va. C

“to do all things necessary and convenient to prepare and submit the implementation, maintenance and enforcement of the Federal 

The Secretary is not prohibited by any provision of federal or state 

out the implementation plan or portion thereof. The legal authoravailable to the Secretary at the time of submission of this SIP revisioWest Virginia has adopted emission standards and limitations an

necessary for attainment and maintenance of the NAAQS. The authority under W.Va. Code §§22-1-3(a), 22-5-4(a)(4) and 22-5-4(a)rules in accordance with the Administrative Procedures Act (W.Va. seq.). Approximately forty legislative rules promulgated under th

APCA are currently in effect and codified at Title 45 of the CSR, inchour SO2 NAAQS and NAAQS for other criteria pollutants containe

rule 45CSR8 (77FR65493). Statutory permitting requirements are Code §§22-5-11 & 12. West Virginia has an EPA-approved air perm

both major and minor facilities, under legislative rules 45CSR13, 45and 45CSR30 (as applicable). The Secretary is authorized to enforce applicable laws, regulatiounder W.Va. Code §§22-1-6(d)(3), 22-05-4(a)(5) and 22-05-4(a)(6), arelief under §22-5-7. The Secretary is authorized to abate pollutant emissions on an eprevent substantial endangerment to the health of persons. W.Vauthorizes the Secretary to issue an order to cease and desist any athe APCA. The Secretary may also suspend, modify or revoke 
§110(a)(2)(E)(i) (continued) 

Under §22-5-6, the Secretary may also institute lawsuits for civil authorizes the Secretary to seek applications for injunctive relief. 

the Secretary, with the written authorization of the Governor, to shu

SO2 emissions, thereby preventing the emission of air pollutants w

contributes to an emergency that requires immediate action to proteprovided in §§22-5-4(a)(2) and 22-5-10, the Secretary may consult 

accuracy of any information considered while executing authority un7 or -8. The Secretary is authorized to prevent construction, modification, facility, building, structure, or installation, or combination thereofindirectly results or may result in emissions of any air pollutant at will prevent the attainment or maintenance of a national standard. Nand major modifications in West Virginia are subject to PSD und45CSR14. The purpose of this West Virginia SIP approved rule satisfy the prevention of significant deterioration permit program requof the CAA. Under 45CSR14, “.....all applications filed by any pmajor new or modified stationary air pollution sources, intending to lair quality better than the levels set to protect the public health amight impact those areas, must adequately meet the pre-coprocedures and conditions of the Clean Air Act as amended ....”. specific federal requirements which ensure that new or modifieinterfere with measures to prevent significant deterioration of air qu

mechanism to prevent the development of any new non-atta45CSR14 requires the evaluation of sources of air pollutants anconstruction or relocation of any major stationary source or major area classified as attaining NAAQS or unclassifiable in which the estsource or modification may interfere with the goals of the prevedeterioration of air quality levels. Pursuant to W.Va. Code §22-5-4(a)(14), the Secretary is autinformation necessary to determine whether air pollution sources with applicable laws, regulations, and standards. Under §§22-5-44(a)(15), the Secretary is authorized to require recordkeeping. Undthe Secretary is authorized to and to make inspections and copollution sources. Under W.Va. Code §22-5-4(a)(15), the Secretary is authorized to operators of stationary sources to install, maintain, and use emdevices and to make periodic reports to the State on the naturemissions from such stationary sources. Under §22-5-10, the Secrto make such data available to the public as reported and as capplicable emission standards or limitations. 
§110(a)(2)(E)(ii) (ii) requirements that the state 

comply with the requirements respecting state boards under section 128, and 

State Boards Under Section 128: Section 128(a)(1): Because Wes

have a board which approves permits or enforcement orders, thapplicable. 

§110(a)(2)(E)(iii) (iii) necessary assurances that, 

where the state has relied on a local or regional government, agency, or instrumentality for the implementation of any plan provision, the state has responsibility for ensuring adequate implementation of such plan provision; 

Responsibility for Implementation of Assured Local Plan Provis

has not relied on any local or regional government, agency, or inst

implementation of any SIP provision for the 2010 1-hour SO2 NAA

will retain primacy with respect to any future plan that relies on 

governments, agencies or instrumentalities. By statute, West Vresponsibility for ensuring adequate implementation of such a pSecretary has the authority under W.Va. Code §22-5-4(a)(16) necessary and convenient to prepare and submit a plan implementation, maintenance and enforcement of the Federal Clean As set forth in W.Va. Code §22-1-1(b)(5), the WVDEP, “inenvironmental programs require state participation” must “endeacontinue state primacy in the administration of such fprograms,.....and to cooperate with appropriate federal agenvironmental goals.” 

§110(a)(2)(F) require, as may be prescribed by 

the Administrator -  (i) 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,  (ii) periodic reports on the nature and amounts of emissions and emissions-related data from such sources, and  (iii) correlation of such reports by the state agency with any emission limitations or standards 

Source Monitoring: W.Va. Code §22-5-4(a)(15) authorizes the Sthe installation, maintenance and replacement of equipment, and the other necessary steps by owners or operators of stationary sourcreport emissions of SO2 from such sources as the Secretary may pr

authority, West Virginia requires the installation, maintenance, pereplacement of monitoring equipment at stationary sources throuunder 45CSR13, 45CSR14, 45CSR19, 45CSR30, and via comaccordance with 40 CFR §51.212(a). The Secretary therefore has stpromulgated rules to periodically test stationary sources, in accord§51.212(a). W.Va. Code §22-5-4(a)(9) authorizes the Secretary to “enter and ins

premise or place on or at which a source of air pollutants is loconstructed, installed or established at any reasonable time foascertaining the state of compliance with this article and rules promThe Secretary therefore has statute authority to inspect statioaccordance with 40 CFR §51.212(a). W.Va. Code §22-5-4(a)(9) authorizes the Secretary to “enter and ins

premise or place on or at which a source of air pollutants is lo
§110(a)(2)(F) (continued) 

established pursuant to this Act, which reports shall be available at reasonable times for public inspection; 

constructed, installed or established at any reasonable time fo

ascertaining the state of compliance with this article and rules promThe Secretary has the authority under §§22-5-4(a)(1) & (3) “to dmeans for the regulation and control of pollution of the air of the ssuch studies and research relating to air pollution and its control an

Secretary has the authority under §§22-1-3(a), 22-5-4(a)(4) and 

promulgate rules in accordance with the Administrative Procedures §§ 29A3-1 et seq.) Visible emission limitations for particulate matter SIP-approved rules 45CSR2 (68FR47473) and 45CSR7 (68FR

enforcement personnel are certified in the visible emission testing p

in Method 9 of 40 CFR Part 60. The Secretary therefore has stavisible emission limitations by promulgated rule along with trained e

establishes a system to detect violations of promulgated rules and r

the enforcement of appropriate visible emission limitations, in accord

§51.212(b).

W.Va. Code §22-5-4(a)(6) authorizes the Secretary to “consider com

witnesses, administer oaths, make investigations and hold hearings 

therefore has statute authority to investigate complaints, in accord§51.212(b). West Virginia’s SIP contains enforceable test methods for each emisin the SIP. As an enforceable test method, West Virginia uses appr40 CFR Part 51, Appendix M, Recommended Test Methods for StaPlans; or an alternative method following review and approval of t

Administrator, or an appropriate method in Appendix A to 40 Cenforceable test methods are contained in permits issued under 45

45CSR30, and promulgated legislative rules as follows: 45CSR10 - The purpose of this SIP approved rule (68FR33002pollution from the emission of sulfur oxides. 45CSR10 contains 

sources of SO2 emissions in West Virginia. 

45CSR10A - This rule provides guidance and clarification for ctesting, monitoring, recordkeeping and reporting requirements of 45C45CSR16 - The purpose of this rule is to incorporate the fedPerformance Standards under Part A of the Clean Air Act and 40 current test methods for SO2 promulgated under 40 CFR Part 60 a

reference under 45CSR16 except any limitation or standard that mSubparts B, C, Ca, Cb, Cc, Cd, Ce, Ea, Eb, Ec, WWW, AAAA, BBBEEEE, FFFF, LLLL and MMMM. 45CSR18 - The purpose of this rule is to adopt standards of 
§110(a)(2)(F) (continued) 

establish emission guidelines and compliance times pursuant to §§the CAA for solid waste combustion sources in West Virginia. §111combustion sources in West Virginia are subject to any applicable 

promulgated under 40 CFR 60, Subparts Eb, AAAA, Ec, Ce, CCCC, LLLL. 45CSR30 - This rule establishes a permitting program pursuant to TAny major stationary source subject to test methods pursuant to 45C45CSR13, 45CSR14, 45CSR16, 45CSR18, 45CSR19, 45CSR33 or 

contained in a permit issued by West Virginia under its establishprogram. 45CSR33 - The Acid Rain Program under 45CSR33 requires mo

electric generating units. This rule establishes and adopts general operating permit program requirements for affected sources and affto the Acid Rain Program under Title IV of the CAA. This rule incorpothe test methods set forth in 40 CFR §75.22. 45CSR41 - This SIP approved rule (74FR38536) establishes test CAIR SO2 Trading Program pursuant to the federal Clean Air Inte

§110 of the CAA, 40 CFR Part 96, and 40 CFR §51.124 for staplans as a means of mitigating interstate transport of SO2. 

For the purpose of submitting compliance certifications or establishinperson has violated or is in violation of any standard in the SIP, Wethat the SIP does not preclude the use, including the exclusive usevidence or information, relevant to whether a source would have bwith applicable requirements if the appropriate performance or cprocedure had been performed. Periodic Reporting and Recordkeeping: W.Va. Code §§22-5-4(a)Secretary to require periodic reports on the nature and amounts emissions-related data from owners or operators of stationary so

data) of SO2. Under this authority, the Secretary requires periodic re

and emissions-related data from stationary sources through per45CSR13, 45CSR14, 45CSR19, 45CSR30, 45CSR33, 45CSR41 aorders. Therefore, the Secretary therefore has statute authority treports on the nature and amounts of emissions and emissions-relatWest Virginia’s SIP provides for legally enforceable procedures for roperators of stationary sources to maintain records of and periodSecretary, in accordance with 40 CFR §51.211. Such enforceabcontained in permits issued under 45CSR13, 45CSR14, 45CSR30legislative rules as follows: 
§110(a)(2)(F) (continued) 

45CSR10 - The purpose of this SIP approved rule (68FR33002pollution from the emission of sulfur oxides. 45CSR10 contains reporting requirements for sources of SO2 emissions in West Virginia

45CSR10A - This rule provides guidance and clarification for ctesting, monitoring, recordkeeping and reporting requirements of 45C45CSR16 - The purpose of this rule is to incorporate the fed

Performance Standards under Part A of the Clean Air Act and 40 current reporting and recordkeeping requirements for SO2 promulga

Part 60 are incorporated by reference under 45CSR16 except 

standard that may be included in Subparts B, C, Ca, Cb, Cc, CdWWW, AAAA, BBBB, CCCC, DDDD, EEEE, FFFF, LLLL and MMM45CSR18 - The purpose of this rule is to adopt standards of establish emission guidelines and compliance times pursuant to §§the CAA for solid waste combustion sources in West Virginia. §111combustion sources are subject to any applicable SO2 reporting 

requirement promulgated under 40 CFR 60, Subparts Eb, AAAADDDD, EEEE and LLLL. 45CSR30 – This rule establishes a permitting program pursuant to TAny major stationary source subject to enforceable SO2 reporting a

requirement pursuant to 45CSR10, 45CSR11, 45CSR13, 45C45CSR18, 45CSR19, 45CSR33 or 45CSR41 will be contained in a West Virginia under its established Title V permit program.

45CSR33 - The Acid Rain Program under 45CSR33 requirrecordkeeping of SO2 for electric generating units. This rule estab

general provisions and the operating permit program requirements foand affected units subject to the Acid Rain Program under Title IV of incorporates by reference the recordkeeping requirements of 40 CFF, and the reporting requirements under Subpart G. 45CSR41 - This SIP approved rule (74FR38536) establishes S

recordkeeping requirements for the CAIR SO2 Trading Program 

federal Clean Air Interstate Rule under §110 of the CAA, 40 CFR Pa§51.124 for state implementation plans as a means of mitigating inteSO2.

Pursuant to W.Va. Code §§22-5-4(a)(14), the Secretary is authorizinformation as the Secretary may require in a form or manner Secretary (emissions inventory program). West Virginia is subject t
§110(a)(2)(F) (continued) 

Reporting Rule (AERR) set forth in 40 CFR Part 51, Subpart A. W

inventory program provides source-specific emissions data to EPAERR reporting requirements and the source emissions and starequirements set forth in 40 CFR §§51.321-323. West Virginia assuchanges in reporting and inventory requirements associated with NAAQS. Correlation of Reports: As set forth in W.Va. Code §22-5-10, the 

available at reasonable times for public inspection the periodic eunder §§22-5-4(a)(14) & (15). The Secretary has the responsib

records, reports or information obtained by the WVDEP or refhearings under the provisions of the APCA available to the public, e

the records, reports or information are protected by confiden

45CSR31. The types of records, reports or information that §110(a)(2)(F) which WVDAQ routinely provides access to incinspection reports, notices of violation, enforcement orders, applicat

letters, sample results, monitoring reports, permits, approvals and dedata and calculations for SIP revisions. The detailed data and calcupreparation of SIP revisions are not considered part of the SIP. 

makes information available for public access through its website, bcopy reports available upon written request. CEMS emissions datAIRS and CAMD, and EPA may make such data available to the pubW.Va. Code §22-1-6(d)(3) authorizes the Secretary to “investigatstatutes or rules which the department is charged with enforcauthorizes the Secretary to correlate periodic emissions reports with 

limitation or standard established pursuant to 45CSR10, 45C45CSR18, 45CSR19, 45CSR30, 45CSR33, 45CSR41 or the CAA as to show the relationship between measured or estimated amountof such emissions allowable under the applicable emission limmeasures, in accordance with 40 CFR §51.116. Correlation with aplimitations or standards is relevant only for those reports of soureflect the test methods and averaging periods specified in aplimitations or standards. Thus, source reports of annual, ozone seasemissions used by WVDAQ to create the annual and triennial esubmission to the EPA under 40 CFR Part 51, Subpart A, in generabe correlated with specific emission limitations or standards, as mahave applicable emission limitations defined for those averaging peri

§110(a)(2)(G) provide for authority comparable 

to that in section 303 and adequate contingency plans to implement such authority; 

Comparable Authority to CAA §303: W.Va. Code §22-5-5 authorto issue an order to cease and desist any activity that violates the AAct. The Secretary may also suspend, modify or revoke a source’s 5-6, the Secretary may also institute lawsuits for civil penalties. §22
§110(a)(2)(G) (continued) 

Secretary to seek applications for injunctive relief. §22-5-8 authoriwith the written authorization of the Governor, to shut down a source 

thereby preventing the emission of air pollutants which substantiallemergency that requires immediate action to protect public healt§§22-5-4(a)(2) and 22-5-10, the Secretary may consult with EPA to 

any information considered while executing authority under §§22-5-5Contingency Plans for Emergency Episodes: West Virginia satibe classified a Priority III Region under 40 CFR §51.150(f) for SO2, a

the criteria set forth in 40 CFR §§51.150(a)-(e). Pursuant to 40 CFR classified as Priority III do not need to develop emergency episplans. However, the purpose of West Virginia SIP approved rule 45CSR11 prevent air pollution emergency episodes in accordance with 40 CFH by providing a mechanism to prevent the buildup of air pollutduring periods of adverse meteorological conditions in which aaccumulate, thereby preventing the occurrence of an emergency duthese pollutants on health. To achieve this purpose, three (3) (pollutant concentration levels) have been established and specific plans will be developed which will be initiated at each criteria stage deterioration of the air supply to any air quality region or substant45CSR11 contains episode criteria, methods of measurement, prestrategies and emission reduction plan requirements for sources of 

West Virginia. 

§110(a)(2)(H) provide for revision of such plan- 

(i) from time to time as may be necessary to take account of revisions of such national primary or secondary ambient air quality standard or the availability of improved or more expeditious methods of attaining such standard, and (ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the basis of information available to the Administrator that the plan is substantially inadequate to attain 

Revision of the NAAQS: To satisfy the SIP revision provisions s§51.104, W.Va. Code §22-5-4(a)(16) authorizes the Secretary necessary and convenient to prepare and submit a plan for th

maintenance and enforcement of the CAA. WVDAQ has historicalcontinue to revise its NAAQS rules as necessary to take account national primary or secondary ambient air quality standards or expeditious methods of attaining the standards. Below are brexamples of how West Virginia has promulgated various version45CSR8 to incorporate revisions to the primary and secondary NAAQOn February 10, 2009, West Virginia received full SIP approval of its 45CSR8 (74FR6552). This rule contains ambient air quality standpollutants, including the 2006 PM2.5 NAAQS, equivalent to the na

secondary ambient air quality standards established under §109 promulgated by EPA under 40 CFR Part 50 through June 1, 2007. The 2009 version of 45CSR8 includes the revised the 8-hour prim
§110(a)(2)(H) (continued) 

the national ambient air quality standard which it implements, or to otherwise comply with any additional requirements established under this Act; 

ozone NAAQS. Revisions to the rule also include deletion of referen

one-hour ozone NAAQS. EPA announced reconsideration of the 

secondary ozone standards on September 16, 2009. Subsequentadvised the WV DAQ that 45CSR8 may not be approvable into the 

ozone standard was under reconsideration. At the request of EPA R

was withdrawn as a revision to the SIP on November 16, 2009. The 2010 version of 45CSR8 included the revised national primary aNAAQS and deletion of redundant methods of measurement languaEPA Region III advised the WV DAQ that the 2010 version of 45approvable into the SIP because the ozone standard was under recorequest of EPA Region III, 45CSR8 was not submitted as a revision t

West Virginia submitted a NAAQS SIP revision to EPA on July 8, 2

the 2011 version of NAAQS rule 45CSR8 provide for incorporation NAAQS as promulgated by the EPA as of June 1, 2010, rather tNAAQS in the rule. EPA has revised the primary nitrogen diox

45CSR8 incorporates by reference the 2010 1-hour NO2 NAAQS. 

2012, West Virginia received full SIP approval of 2011 rule 45CSR8 West Virginia submitted a NAAQS SIP revision to EPA on June 6, 2

the 2012 version of the rule incorporate by reference the 2010 1-

Specifically, EPA established a new 1-hour SO2 standard at a lev

billion (ppb), based on the 3-year average of the annual 99th percen

maximum concentrations. West Virginia received full SIP appro45CSR8 (77FR65493). Inadequate Plan: W.Va. Code §22-5-4(a)(16) authorizes the Secretnecessary and convenient to prepare and submit a plan for thmaintenance and enforcement of the CAA. When, if ever, EPA 

substantially inadequate to attain the NAAQS which it implemencomply with the CAA, West Virginia will revise the plan as necessary 

§110(a)(2)(J) meet the applicable requirements 

of section 121 (relating to consultation) and section 127 (relating to public notification)and part C (relating to prevention of significant deterioration of air quality and visibility protection) 

Consultation: The Air Pollution Control Act provides adequate aut

Code §22-5-4(a)(2) for West Virginia’s practices of consugovernments, organizations and Land Managers regarding implemen

quality maintenance requirements, preconstruction review of nonattainment requirements, prevention of significant deterioration 

assessment of civil penalties, in accordance with §121 of the CAA. FSO2 NAAQS, West Virginia’s permitting program includes three S

minor NSR rule 45CSR13 (68FR9559), PSD rule 45CSR14 (77FRNSR rule 45CSR19 (71FR64468). West Virginia also has an operating permit program (66FR50325). WVDEP has previously 
§110(a)(2)(J) (continued) 

commitment to such consultation through encouragement and suAction Compact, and through Federal Land Manager consultation foHaze SIP. 

Public Notification: W.Va. Code §22-1-12 provides authority for the 

of primary NAAQS exeedances and education efforts as required band §127 of the CAA. §22-4-(a)(10) provides authority for the WVDAhealth hazards associated with an exceedance of a primary NAAwhich presents an imminent and serious hazard to public health. Each year, WVDAQ issues a comprehensive West Virginia Air QuaThe report provides air quality highlights from the previous year, pcriteria pollutants and their effects on health, and tracks the Air Qreport also compares monitored air quality data with the NAAQS anNAAQS exeedances. The report enhances the public’s awareness prevent such exceedances, and provides educational website links tair quality, links to technical websites, regulatory and outreach effowith 40 CFR §51.285 and §127 of the CAA. 

Preconstruction PSD Permitting of Major Sources: The PrevenDeterioration program contained in Part C of Title I of the CAA govereview and permitting of any new or modified major stationary sourceregulated under the CAA as well as any precursors to the formatiowhen identified for regulation by EPA. The PSD program will reguand provide for continued maintenance of the 2010 1-hour SO2 NAA

West Virginia’s PSD program is set forth in SIP approved rule 45CSR45CSR14 implements a comprehensive PSD permit program as requof Title I of the CAA for all regulated NSR pollutants (or precursors) regulation under the CAA. 45CSR14 limits PSD applicability greenhouse gas-emitting sources by adopting the applicability thresEPA’s Tailoring Rule. Pursuant to CAA §165(a)(3), the WVDAQ is authorized to implemenpermit program in order to ensure that the construction and modstationary sources will not cause or contribute to a violation of the 

NAAQS (or any NAAQS or increment) in West Virginia or another stthe source impact analysis requirements of 45CSR§14-9.1 and 40 CPursuant to CAA §165(a)(4), a new or modified PSD source in amay have a SO2 emission limitation in a permit under 45CSR14 b

available control technology (BACT) analysis, and application oregulated NSR pollutant that has the potential to emit in signifaccordance with the control technology review requirements in 40 
§110(a)(2)(J) (continued)

and as set forth in 45CSR§14-8. 45CSR14 contains a significance level for SO2 of 40 tpy and signifi

of 1.0, 5.0 and 25.0 μg/m3 for annual, 24 and 3-hour averaging ti

45CSR14 also contains a de minimis air quality impact concentration 

a 24 hour averaging time and a maximum allowable pollutant concover baseline concentration of 20, 91 and 512 μg/m3 for annual arit

hour maximum and 3-hour maximum averaging times, respectively, iWest Virginia has timely submitted all structural PSD program provSIP submission deadline has passed, with the exception of the reinclusion of condensable emissions of particulate matter within ‘‘regulated new source review pollutant.’’ West Virginia will correct thit submits 45CSR14 as a SIP revision in June 2014. EPA has not proposed to amend the PSD regulations with regard t

SO2 NAAQS. However, West Virginia will revise its PSD program 

applicable EPA amendments of the SO2 PSD rules within three year

such amendments. 

Visibility Protection: There are no new applicable visibility prounder §110(a)(2)(J) as a result of the 2010 1-hour SO2 NAAQS. A

interpretation of the CAA, the visibility element of section J doeaddressed. 

§110(a)(2)(K) provide for: 

(i) the performance of such air quality modeling as the Administrator may prescribe for the purpose of predicting the effect on ambient air quality of any emissions of any air pollutant for which the Administrator has established a national ambient air quality standard, and (ii) the submission, upon request, of data related to such air quality modeling to the Administrator; 

Air Quality Modeling: W.Va. Code, §§22-5-4(a)(1)&(3), authorize“develop ways and means for the regulation and control of pollutiostate” and “conduct such studies and research relating to air polluand abatement”. Inherent in Secretary’s authority is the capability to conduct nmodeling required under the CAA set forth in the SIP-approved 

source impact and modeling requirements of 45CSR14-§§9 and 10, 40 CFR §§51.166(k) and (l). All applications of air quality modeling, 

for PSD purposes shall be based on the applicable air quality modeother requirements specified in the Appendix W of 40 CFR Part 51 Quality Models). Pursuant to 45CSR14-§10.2, where an air qua

specified in Appendix W of 40 CFR Part 51 is inappropriate, thmodified or another model substituted, provided that the modificatioapproved in writing by the Administrator. Also inherent in The Secretary’s authority is the capability to codemonstrate attainment of the NAAQS, as required under the Part 
§110(a)(2)(K) (continued)

as prescribed by the Administrator. Air quality modeling is an ipreparing the attainment plan required for nonattainment areas undof the CAA. Such plans are not required to be submitted as part oSIP. However, there is an obligation for the infrastructure SIP from aa designated nonattainment area for a new or revised NAAQS 

performance of the air quality modeling that will be needed to prepdemonstration plan. A source-oriented dispersion model such as AE

quality model that will be used to demonstrate the adequacy of a provide for the timely attainment and maintenance of the NAAQS, p

§§51.112 and 51.115(b). WVDAQ employs one full time technical employee who is responsmodeling. WVDAQ also participates in regional planning organizaSoutheastern Modeling Analysis and Planning project, which 

modeling for member states. West Virginia will perform modeling, the CAA to demonstrate attainment of the 2010 1-hour SO2 NAAQS. 

Submission of Data: W.Va. Code §§22-5-4(a)(2), 22-5-10 authorizes the Secretary to submit, upon request by the Administrapredicting the effect on ambient air quality of any emissions of awhich the Administrator has established a national ambient air quaVirginia will submit to EPA current and future air quality modeling relevant SIP submissions and through Federal grant commitments oEPA may request. West Virginia can also provide relevant data as implementation process. 

§110(a)(2)(L) require the owner or operator of 

each major stationary source to pay to the permitting authority, as a condition of any permit required under this Act, a fee sufficient to cover- (i) the reasonable costs of reviewing and acting upon any application for such a permit, and (ii) if the owner or operator receives a permit for such source, the reasonable costs of implementing and enforcing the terms and conditions of any such 

Permit Fees for Permit Review, Implementation and Enforcemehas an approved Title V operating permit program under 45CSR30 (granted final full approval effective on November 19, 2001. The Title fees which satisfy the fee determination and certification requiremeCFR §70.9 are contained in the rule at 45CSR§30-8. The collecte

sufficient to cover permit review, and implementation and enforcemeand conditions. Because the fee requirement in §110(a)(2)(L) has been superseapproved fee program under Title V, infrastructure SIP submpromulgation of a new or revised NAAQS do not currently need to 

provisions for the fee requirements under this section. Therefore, We

approved Title V operating permits program (and its collection o

pursuant to 40 CFR §70.9) demonstrates that the Element L ferequired.
permit (not including any court costs or other costs associated with any enforcement action), until such fee requirement is superseded with respect to such sources by the Administrator's approval of a fee program under title V; 

§110(a)(2)(M) provide for consultation and 

participation by local political subdivisions affected by the plan; 

Consultation: The Secretary has the authority under W.Va. Code do all things necessary and convenient to prepare and submit a plimplementation, maintenance and enforcement of the Federal CUnder this statute, and pursuant to the General Plan Requirements §51.240, the WVDAQ is the organization authorized to develop, implthe SIP. §22-5-4(a)(2), authorizes the Secretary to advise, consult a

local political subdivisions affected by the implementation plan. WVlocal governments, organizations and Land Managers with development. WVDAQ also consults with such entities regarding implementation pmaintenance requirements, preconstruction review of direct sourcrequirements, and prevention of significant deterioration. 

Notice and Opportunity for Public Hearing: In accordance procedural requirements at 40 CFR §51.102, any plan or plan revcompliance schedule, prepared by WVDAQ is subject to a 30 day pwith public hearing, or in cases where there is little anticipated p

opportunity for a public hearing. West Virginia legislative rules wpublic notice procedures include permitting rules 45CSR13, 45CSR

45CSR30. 
FINAL WEST VIRGINIA STATE IMPLEMENTATION PLAN REVISION

FOR CLEAN AIR ACT SECTION 110(A)(2)(A)-(M) REQUIREMENTS

FOR SULFUR DIOXIDE

RESPONSE TO COMMENTS

On April 19, 2013, the Division of Air Quality (DAQ) commenced a thirty day public

comment period and subsequently held a public hearing on May 20, 2013 to accept oral comments

on to accept written comments and/or a written request for a public hearing on a proposed revision

to the State Implementation Plan which demonstrates that West Virginia has adequate resources and

authority to implement the 2010 1-hour sulfur dioxide National Ambient Air Quality Standards. 

Written comments were accepted through 6:00 PM on Monday, May 20, 2013. No one

provided substantive verbal comment at the public hearing concerning the proposed implementation

plan revision. Two commenters submitted written comments on the proposed implementation plan

revision. DAQ addresses the comments below.

I. COMMENTER: Environmental Protection Agency

COMMENT A. The commenter states, “EPA has reviewed the proposed revision to the West

Virginia SIP and our comment is below. Please enter the following comment into the public record.

Section 110(a)(2)(E)(ii)

In addition to including W.Va. Code §6B-2.6 and §6B-2.7, this section should also reference

W.Va. Code §6B-1.3 as it defines compensation, thing of value and other important terms

employed in §6B-2.6 and §6B-2.7. West Virginia should include all three provisions (W.Va.

Code §6B-1.3, §6B-2.6, and §6B-2.7), for incorporation by reference into the West Virginia

SIP for Clean Air Act sections 128(a)(2) and 110(a)(2)(E)(ii) for all NAAQS.”

RESPONSE A. DAQ acknowledges that certain conflict of interest provisions exist in state

law, including those referenced by EPA. However, West Virginia disagrees that it is necessary to

formally incorporate them into the SIP. West Virginia assures that the requirements of Clean Air Act

Section 128(a)(2) will be met. Section 128 governs here, and provides adequate safeguard for

potential conflicts of interest.

II. COMMENTER: Sierra Club

COMMENT A. The commenter states, “West Virginia must include enforceable one-hour SO2

emission limits for sources currently permitted to cause exceedances of the NAAQS, including

the Kammer, Kanawha River, Albright, Rivesville, and Willow Island coa1-fired power plants.”

RESPONSE A. Sierra contends that the SO2 I-SIP must have enforceable limits for five EGUs
to attain the SO2 NAAQS. West Virginia’s SIP does contain limitations for emissions of SO2. 

However, limitations needed to attain the NAAQS are due on a different schedule than I-SIPs. Such

limitations are to be submitted under Clean Air Act Part D attainment plans, and are not intended

to be addressed in I-SIPs.

COMMENT B. The commenter states, “AERMOD modeling, such as that provided by the

Sierra Club, is the appropriate tool for evaluating the adequacy of Infrastructure SIPs and ensuring

attainment and maintenance of the NAAQS.”

RESPONSE B. Sierra contends that Sierra's AERMOD model results are appropriate for

adequacy of I-SIPs and ensuring attainment. DAQ notes that ensuring attainment of the NAAQS

falls under Part D of the Clean Air Act - refer to Response II.A. The adequacy determination of any

attainment SIP will be pursuant to Part D. DAQ also notes that will be responsible for modeling

attainment demonstrations required under Part D. The agency has discretion to perform the modeling

itself, contract consultants, or require affected sources to model.

COMMENT C. The commenter states, “The West Virginia Infrastructure SIP must include

provisions to ensure SO2 emissions will not cause or significantly contribute to nonattainment or

interefere with maintenance of the SO2 NAAQS in another state.”

RESPONSE C. Sierra contends that the Clean Air Act’s "good neighbor" provisions must be

met in West Virginia’s SO2 infrastructure SIP. An August 21, 2012 decision by the U.S. Court of

Appeals (EME Homer City Generation, L.P. v. EPA, No. 11-1302) states that a SIP cannot be

deemed deficient for failing to meet the good neighbor obligation before the EPA quantifies that

obligation. Therefore, West Virginia’s SO2 infrastructure SIP is not deficient because it does not

address the good neighbor provisions of Clean Air Act in Section 110(a)(2)(D)(i)(I). DAQ also

refers the commenter to Response I.A.
., . - ~. --

BEFORE THE WEST VIRGINIA DEPARTMENT OF 

ENVIRONMENTAL PROTECTION 

DIVISION OF AIR QUALITY 

In re: PROPOSED WEST VIRGINIA STATE I MPLEMENTATION PLAN 

REVISION FOR CLEAN AIR ACT §110(A) (2) (A) - (M) REQUIREMENTS 

FOR SULFUR DIOXIDE 

Transcript of proceedings had at a public 

hearing in the above-styled matter taken at the West 

Virginia Department of Environmental Protection, Division 

of Air Quality, Conference Room, 60 1 57th Street, S.E. 

Charleston, West Virginia, commencing at 6:05p. m. , on the 

20th day o f May 2013 , pursuant to noti ce . 

MISSY L . YOUNG, C.C . R . 

POST OFFICE BOX 6296 

CHARLESTON, WEST VIRGINIA 25362 

304-205-4929 or 3 04-539-6192 

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9 

10 

11 

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1 3 

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Proceedings 2 

P R 0 C E E D I N G S 

MR. MASON: This public hearing will now 

come to order on this 20th day of May, 2013, at the West 

Virginia Department of Environmental Protection 

Headquarters. Comments and testimony will be accepted until 

the close of this hearing and will be made part of the 

state implementation plan record. Any substantive question 

regarding the proposed plan revision will be included with 

your comments, and any such question will be answered as 

part of the response to comments in the plan record. 

The purpose of this public hearing is to satisfy 

federal procedural requirements for state implementation 

plans by accepting comments on a proposed West Virginia 

State Implementation Plan revision for Clean Air 

Act§110(a) (2) (A)-(M) Requirements for Sulfur Dioxide with 

regard to the 2010 1-hour sulfur dioxide National Ambient 

Air Quality Standards. DEP is seeking comments on whether 

the document adequately demonstrates West Virginia's 

compliance with the pertinent fe deral Clean Air Ac t 

mandates related to these State Implementation Plan 

infrastructure elements. 

The floor is now open for comments . Please state 

your name and any affiliation. 

A1J$$?f .1! ?fr:JU/V(j, e.e.t<. (304} 205-11942 0'1- (304} 539-6192 
Proceedings 3 

1 There being nothing further, this public hearing 

2 for the proposed State Implementation Plan revision is 

3 concluded. 

4 (WHEREUPON, the hearing was 

5 concluded at 6:07p.m.) 

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A1J$$!fj.f. if!OU/vt} eaR. (304) 205-4942rn (301f) 539-6192 
Proceedings 4 

STATE OF WEST VIRGINIA, 

COUNTY OF KANAWHA, to-wit : 

I, the undersigned, Missy L. Young, a 

Certified Court Reporter and Notary Public within and for 

the State of West Virginia, duly commissioned and 

qualified, do hereby certify that the foregoing, was taken 

to the best o f my skill and abili ty, a true and accurate 

transcript of all the proceedings had in the aforementioned 

matter. 

Given under my hand and official seal this 

21st day of May 2013. 

OCR. 

Notary Virginia 

My commission expires April 15, 2018. 

OFFICIAL SEAL 

Notary Public, State Of West VIrginia 

MISSY L. YOUNG, C.C.R. 

POBOX6296 ~ 

~ CHARLESTON, WV 25312 

My Commission ExpiresApril15, 2018 

MJ$$?f .f. ?frYUIV{j, eel<. (304} .205-494.2 011- {304} 539-619.2 
-dep 

west virginia department of environmental protection SIGN-IN SHEET 

Public Hearing on the proposed West Virginia State Implementation Plan revision for Clean Air Act § JJO(a)(2)(A)-(M) Requirements for Sulfur 

Dioxide with regard to the 2010 1-hour sulfur dioxide National Ambient Air Quality Standards. 

May 20, 2013, 6:00p.m. 

The Department of Environmental Protection asks for the information below so that agency staff may provide responses and information about 

decisions to you. The information you voluntarily provide on this sheet becomes part of the public record related to this topic and may be released if 

requested under the Freedom oflnformation Act. 

Name (please print) Address Organization Phone E-mail Comment 

YIN 

I 

J£P? /1,-s~ I @2/ $7 j \_tvvP t:t, \__ t _____ - _I AI_\ 

Promoting a healthy environment. 
From: 

Sent: 

To: 

Cc: 

Subject: 

Schmitt, Ellen <Schmitt.Ellen@epa.gov> 

Monday, May 13,2013 2:59 PM 

Mowrer, Tammy L 

Fernandez, Cristina; Durham, William F; Mason, James L 

Comments on WV's infrastructure SIP for 502 

Hello Ms. Mowrer, 

Please accept the following as EPA Region ill's comments for public record on West Virginia State implementation Plan revision for 

Clean Air Act section 110(a)(2)(A)-(M) Requirements for Sulfur Dioxide. Thank you. 

Dear Mr. Durham: 

Thank you for giving the U.S. Environmental Protection Agency (EPA) the opportunity to review the proposed state 

implementation plan (SIP) revision addressing the Clean Air Act (CAA) section 1 10(a)(2)(A) through (M) requirements 

for the 2010 sulfur dioxide National Ambient Air Quality Standards (NAAQS). EPA has reviewed the proposed revision 

to the West Virginia SIP and our comment is below. 

Please enter the following comment into the public record. 

Section 1 lO(a)Q)(E)(ii) 

In addition to including W.Va. Code 56B-2.6 and 56B-2.7, this section should also reference W.Va. 

Code 56B-1.3 as it defines compensation, thing of value and other important terms employed in 

56B-2.6 and 56B-2.7. West Virginia should include all three provisions (W.Va. Code 56B-1.3, 

56B-2.6, and 56B-2.7), for incorporation by reference into the West Virginia SIP for Clean Air Act 

sections 128(a)(2) and 1 lO(a)(2)(E)(ii) for all NAAQS. 

We look forward to working with you on this infrastructure SIP revision. Should you have any questions pertaining to 

EPA's review of the proposed SIP revision, please do not hesitate to contact Ellen Schmitt at (215) 814-5787 or 

schmitt.ellen@,eva.gov. 

Ellen C. Schmitt 

Office of Air Program Planning (3AP30) 

Air Protection Division 

U. S. Environmental Protection Agency, Region Ill 

1650 Arch Street 

Philadelphia, PA 19103-2023 

Work: (215) 814-5787 
SIERRA 

CLUB 

fOUNDED 18<>2 

John A. Benedict 

Director 

DEP Division of Air Quality 

601 5ih Street, SE 

Charleston, West Virginia 25304 

May 20, 2013 

VIA ELECTRONIC MAIL AND U.S. MAIL 

Re: Comments Concerning West Virginia's Section llO(a) Infrastructure State 

Implementation Plan (SIP) Submittal for 2010 Sulfur Dioxide NAAQS 

Dear Mr. Benedict: 

On behalf of the Sierra Club and the more than 2,100 West Virginia members and others 

who are adversely impacted by West Virginia's sources of sulfur dioxide ("S02 ") pollution, we 

submit the following comments on West Virginia's proposed infrastructure provisions 

addressing the requirements for the 2010 Sulfur Dioxide National Ambient Air Quality 

Standards ("NAAQS"), required by Section 11 O(a)(l) and (2) of the federal Clean Air Act 

("FCAA" or "Act"). 42 U.S.C. § 7410(a)(l), (2). 

The primary N AAQS define the levels of air quality that the EPA Administrator 

determines to be necessary to protect public health with an adequate margin of safety. See 42 

U.S.C. § 7409(b)(l). Indeed, the new one-hour S02 standard is necessary to protect public health 

from the serious threats posed by short-term exposure to sulfur compounds, including decreased 

lung function, increased respiratory symptoms such as chest tightness, wheezing, and shortness 

of breath, and other serious indicators of respiratory illness, especially in asthmatics, children, 

and the elderly. See Primary National Ambient Air Quality Standardfor Su(fur Dioxide; Final 

Rule, 75 Fed. Reg. 35,520, 35,550 (June 20, 201 0) (hereinafter "Final S02 Rule"). The health 

data relied upon by EPA in promulgating the new standard overwhelmingly indicated that 

increased asthma attacks and hospital visits are attributable to short-term concentrations of sulfur 

compounds in the air. Due to these and other serious impairments caused by short-term S02 

Page 1 of 12 
exposure, the West Virginia Department of Environmental Protection ("WVDEP") must 

properly implement the one-hour S02 NAAQS to protect public health. 

I. THE INFRASTRUCTURE SIP MUST INCLUDE ENFORCEABLE ONEHOUR S02 EMISSION LIMITATIONS TO ENSURE ATTAINMENT AND 

MAINTENANCE OF THE NAAQS. 

Section llO(a)(l) ofthe Act, 42 U.S.C. § 7410(a)(l), provides that each state shall "adopt 

and submit to the Administrator ... a plan which provides tor implementation, maintenance, and 

enforcement of' the NAAQS. Section 110(a)(2)(A) requires that these plans, known as 

Infrastructure SIPs. "include enforceable emission limitations ... as well as schedules and 

timetables for compliance, as may be necessary or appropriate to meet the applicable 

requirements" of the Clean Air Act, including the requirement to maintain the NAAQS. 42 

U.S.C. § 741 O(a)(2)(A). 

Even though the 2010 NAAQS represents a new and tighter standard for ambient S02, 

WVDEP has failed to impose restrictions on major S02 sources to ensure that they will maintain 

the NAAQS. 

A. West Virginia must include enforceable one-hour 502 emission limits.for 

sources currently permitted to cause exceedances of the NAAQS, including 

the Kammer, Kanawha River, Albright, Rivesville, and Willow Island 

coal-fired power plants. 

WVDEP fails to include adequate enforceable emission limitations to ensure that sources 

of S02 have emission limits sufficient to prevent causing or contributing to exceedances of the 

2010 S02 NAAQS. Specifically, coal-fired power plants such as the Kammer Plant, located in 

Marshall County, the Kanawha River Plant, located in Kanawha County, the Albright Plant, 

located in Preston County, the Rivesville Plant, located in Marion County, and the Willow Island 

Plant, located in Wood County, currently lack emission limits which prevent violations of the 

2010 S02 NAAQS. In order to comply with Section 110(a)(2)(A), the West Virginia SIP must 

be amended to ensure these sources, and other large sources, will not cause violations of the 

2010 S02 NAAQS. 

WVDEP has submitted several regulations that it purports to show the SIP's compliance 

with 11 O(a)(2)(A). However, none of these regulations actually include enforceable emission 

limitations to ensure attainment and maintenance ofthe 2010 S02 NAAQS. Specifically, 

WVDEP 45 CSR 10 as which for sources of 

West State 

Revision for Clean Air Act§ 11 O(a)(2)(A)-(M) Requirements for Sulfur Dioxide at 2 (April 19, 

2013). However, these emission limits have not been revised in face of the significantly more 

stringent standard of the 2010 S02 NAAQS, having been passed thirteen years ago. See 45 W. 

Va. CodeR. §45-10-3 (2000). Nor are do the regulations include effective hourly limits, being 

instead keyed to the heat output of the facilities. !d. WVDEP must amend these regulations to 

include new one-hour enforceable limitations with proper averaging times not based on heat 
Further, and more significantly, Sierra Club has presented West Virginia with modeling 

that demonstrates, in fact, that the limits WVDEP now proposes as sufficient to attain and 

maintain the NAAQS are severely inadequate. See Steven Klatka, Albright Power Station, 

Albright, West Virginia, Sierra Club Evaluation o{Compliance 'vith 1-hour S02NAAQS 

(September 19, 2011) (hereinafter the "Albright Modeling Report"), attached hereto as Exhibit I; 

Khanh T. Tran, AERlvfOD Modeling of S02 Impacts of the AEP Ohio Pmver Kammer Plant 

(November 16, 2011) (hereinafter the "Kammer Modeling Report''), attached hereto as Exhibit 

Steven Klatka, Kanawha River Plant, Glasgow, West Virginia, Sierra Club Evaluation o{ 

Compliance with 1-hour S02 NAAQS (October 25. 2011) (hereinafter the "Kanawha River 

Modeling Report"), attached hereto as Exhibit 3; Khanh T. Tran, AERMOD Modeling ofS02 

Impacts o{the iUonongahela Rivesville Plant (November 1, 2011) (hereinafter the "Rivesville 

Modeling Report"), attached hereto as Exhibit 4; Khanh T. Tran, AERMOD lvfodeling of S02 

Impacts of the Allegheny Energy Willow Island Plant (October 21, 20 II) (hereinafter the 

''Willow Island Modeling Report"), attached hereto as Exhibit 5. 1 

The modelers prepared an air dispersion modeling analysis for each plant to compare 

modeled ambient air concentrations from the plant's emissions with the one-hour S02 NAAQS. 

The modeling reports used EPA's AERMOD program to measure the plant's "allowable" (based 

on the plant's current Title V permit) and actual (based on maximum plant-wide hourly 

emissions obtained from EPA's Clean Air Markets Data and Maps database) emissions to 

determine whether the plants can cause violations of the one-hour S02 NAAQS. The modeling 

protocol employed is consistent with all available technical !:,'Uidance, including Appendix Wand 

EPA's March 2011 guidance for implementing the one-hour S02 NAAQS, and additionally used 

the most recent version of AERMOD available at the time of the study? Where any assumptions 

were made in the running of the model, the modelers employed conservative inputs which favor 

the prediction oflower impacts from the plant so that the results actually understate each plant's 

S02 emission impacts. Each separate modeling report details these conservative assumptions 

and the protocol used. 

The modeling reports all demonstrated that S02 emissions from the plants allowed under 

the existing SIP cause impacts that exceed the new one-hour S02 NAAQS. See Albright 

Modeling Report at 1-3; Kammer Modeling Report at 7-13; Kanawha River Modeling Report at 

1-3; Rivesville Modeling Report at 7-1 0; Willow Island Modeling Report at 7-10. These 

violations based on permitted emission limits and actual emissions are impacting 23 counties in 

West Virginia, and yet out of these counties, WVDEP has only recommended that one partial 

county-Marshall-be designated as John 

at 

http://www.epa.gov/airquality/sulfurdioxide/designations/recletters/R3WVupdate.pdf. While 

EPA has disa!:,rreed and instead proposed designating the entire area of Marshall county as 

nonattainment, this designation is not final and therefore cannot be relied upon by WVDEP in its 

infrastructure SIP submission. See generally Sierra Club v. EPA, 536 F.3d 673, 678 (D.C. Cir. 
I 

I I 

2008) (EPA's promises to aet in the future cannot relieve a state agency from current legal 

requirements). WVDEP must submit a SIP that "provides for implementation, maintenance, and 

enforcement of[the NAAQS] within such State." 42 U.S.C. § llO(a)(l). Therefore, WVDEP 

must address the violations from sources located in Marshall County in the Infrastructure SIP 

until such time as Marshall County is actually designated nonattainment, if indeed, it ever is 

actually designated nonattainment. 

The findings from each modeling report are summarized in the table below. 

Total I 

Impact I 

Power Emission Facility Background Facility so2 Counties \VVDEP 

Plant Rates Impact (~glm3) Impact plus NAA<?S Impacted Recommended 

(~g/m3) Background (~glm )3 Designation 

(~g/m3) 

Allowable 10,680.1 91.6 10,771.7 196.2 Preston, 

Albright Monongalia, Attainment Marion, Maximum 9,521.8 91.6 9,613.4 196.2 Taylor** 

Kammer 

Allowable 91.6 196.2 (based on 324.0 15.6 

Partial 600ft. Marshall** nonattainment stack Maximum 225.9 91.6 317.5 196.2 

height) 

Kammer 

(based on Allowable 234.1 91.6 325.7 196.2 Partial 900ft. Marshall** 

stack nonattainment 

height) Maximum 163.2 91.6 254.8 196.2 

Clay, 

Nicholas, 

Allowable 10,782.4 91.6 10,874.0 196.2 Fayette, 

Raleigh, 

Wyoming, 

Kanawha Boone, Attainment River Logan, 

Kanawha, 

Maximum 9,124.1 91.6 9,215.7 196.2 Roane, 

Summers, 

Lincoln, 

I Braxton 

I I I I Marion. 

I 

I 

l l 

I I I I 

Monommli:1 

Rivesville nonattainment T 

Preston, 

Maximum in Marshall only 12,600.5 91.6 12,692.1 196.2 Tucker, 

Marshall** 
emissions also cause cross-state impacts, resulting in S02 NAAQS violations in 

neighboring states; this is discussed further below. 

Albright Modeling Report at 3, Figure I; Kammer Modeling Report at 7-14; Kanawha River 

Modeling Report at 3, Figure 1; Rivesville Modeling Report at 7-10: Willow Island Modeling 

Report at 7-10. 

Based on these conservative modeling results, to achieve and maintain the one-hour S02 

NAAQS, WVDEP must promulgate enforceable one-hour averaging time emission limits into its 

SIP which are no less stringent than the following limits:4 

Maximum Total Required Total Facility 

Plant Facility Emission Emission Reduction 

Rate (lbs/hr) (%) 

Albright I 01.9 99.0% 

Kammer 5,588.4 68.0% 

Kanawha River 60.5 99.0% 

Rivesville 30.8 99.0% 

Willow Island 300.2 95.0% 

As demonstrated by the modeling reports, these plants and their governing emission 

limits allow exceedances ofthe 1-hour S02 NAAQS, and therefore WVDEP must impose 

additional emission limits on the plants which ensure compliance with the NAAQS at all times. 

the infrastructure SIP limitations, and West 

current section II 0( a)( 1 )(A). 

4 Given how conservative the modeling inputs were, these proposed limits are likely not be stringent enough. For 

example, Sierra Club did not model for partial load conditions; under such conditions-with lower stack exit 

temperatures and velocities-S02 emitted may not rise as high before it disperses, thus potentially increasing 

ground-level ambient concentrations. WVDEP must evaluate each source's emissions and impose limits that will 

reduce emissions to a point where the sources are not causing or contributing to violations of the one-hour S02 

NAAQS. WVDEP's analysis must confirm that the new SIP emission limit will ensure compliance with the 
Similarly, while the Albright Rivesville, and Willow Island plants have initiated retirement, 

WVDEP cannot torgo ensuring these plants comply with the 1-hour S02 NAAQS until the SIP is 

amended to incorporate appropriate emission limits or to ret1ect their retired status and thus 

provide no allowance for their emission at all. 

B. AERMOD modeling, such as that provided by the Sierra Club, is the 

appropriate toolfor evaluating the adequacy of h~frastructure SIPs and 

ensuring attainment and maintenance ofthe NAAQS. 

As outlined by EPA in the Final S02 NAAQS Rule, 75 Fed. Reg. at 35,551, air 

dispersion modeling is the best method tor evaluating the short-term impacts of large sources of 

S02. This is consistent with the fact that EPA has historically used air dispersion modeling for 

attainment designations and SIP revisions. Furthermore, a state agency may not ignore 

information put in front of them. See generally Motor Vehicle Mfrs. Ass ·n v. State Farm Mut. 

Auto ins. Co., 463 U.S. 29, 43 (1983) (holding that it was arbitrary and capricious for agency to 

ignore an important aspect of an issue placed before it); Grand Canyon Trust v. FAA, 290 F.3d 

339, 346 (D.C. Cir. 2002). 

WVDEP has long been on notice that modeling data is an important input in the NAAQS 

attainment and maintenance process. In particular, EPA has historically used modeling in 

determining attainment for the S02 standard. See e.g., U.S. EPA implementation of the 1-Hour 

S02 NAAQS Draft White Paperfor Discussion at 3, fn. 1, (hereinafter "EPA White Paper"), 

available at http://www.epa.gov/airquality/sulfurdioxide/pdfs/20120522whitepaper.pdf; see also 

Respondent's Opposition to Motion of the State ofNorth Dakota for a Stay of EPA's 1-Hour 

S02 Ambient Standard Rule at 3, National Environmental Development Association's Clean Air 

Project v. EPA (D.C. Cir. 2010) (No. 1 0-1252), attached hereto as Exhibit 6 ("the Agency has 

historically relied on modeling to make designations for sulfur dioxide"). For example, in EPA's 

1994 S02 Guideline Document, EPA noted that "for S02 attainment demonstrations, monitoring 

data alone will generally not be adequate," and that "[a ]ttainment determinations for so2 will 

generally not rely on ambient monitoring data alone, but instead will be supported by an 

acceptable modeling analysis which quantifies that the SIP strategy is sound and that enforceable 

emission limits are responsible for attainment." U.S. EPA, 1994 S02 Guideline Document, 

(hereinafter "1994 S02 Guideline Document"), available at 

http://www.epa.gov/ttn/oarpg/tl/memorandalso2_guide_092109.pdf, at 2-1; see also id. at 2-5 

("For S02 attainment demonstrations, monitoring data alone will generally not be adequate."). 

The 1994 Guideline Document goes on to note that monitoring alone is likely to be inadequate: 

S02, dispersion modeling will generally be necessary to evaluate comprehensively a 

to the areas of current 

EPA's acceptance of modeling for making attainment designations stretches back 

decades, and is equally applicable to determining the adequacy of an infrastructure SIP. In 

1983, the Office of Air Quality Planning and Standards ("OAQPS") issued a Section 107 

Designation Policy Summary. See Sheldon Meyers Memorandum re Section 107 Designation 

Policy Summary (April 21, 1983), attached hereto as Exhibit 7. OAQPS that 
characterize the worst case air quality the area:· !d. at 1. Of course, if there is no monitoring 

data for an area, it docs not accurately characterize the worst case air quality in an area. EPA 

acknowledged that some nonattainment designations were "based solely on modeling[.]" !d. at 

2. In fact, reliance on modeling for nonattainment designations stretches back to the Carter 

Administration. In 1978, EPA designated Laurel, Montana as nonattainment "due to measured 

and modeled violations of the primary so2 standard.'' Montana Sulphur & Chemical Co. V. 

EPA, 666 F.3d 1174, 1181 (9th Cir. 201 2) (citing 43 Fed. Reg. 8,962 (Mar. 3, 1978)). 

As such, EPA's fina12010 S02 NAAQS rule simply continues and builds upon EPA's 

historical practice of using modeling to determine attainment and nonattainment status for S02 

NAAQS. In doing so, EPA properly recognized the "strong source-oriented nature of S02 

ambient impacts," 75 Fed. Reg. at 35,370, and concluded that the appropriate methodology for 

purposes of determining compliance, attainment, and nonattainment with the new NAAQS is 

modeling. See 75 Fed. Reg. at 35,551 (describing dispersion modeling as "the most technically 

appropriate, efficient and readily available method for assessing short-term ambient S02 

concentrations in areas with large point sources."). Accordingly, in promulgating the new S02 

NAAQS, EPA explained that, for the one-hour standard, "it is more appropriate and efficient to 

principally use modeling to assess compliance for medium to larger sources .... " !d. at 35,570. 

Similarly, EPA then explained in the white paper that using modeling to determine attainment 

for the S02 standard "could better address several potentially problematic issues than would the 

narrower monitoring-focused approach discussed in the proposal for the S02 NAAQS, including 

the unique source-specific impacts of so2 emissions and the special challenges so2 emissions 

have historically presented in terms of monitoring short-term S02 1evels for comparison with the 

NAAQS in many situations (75 FR 35550)." EPA White Paper at 3-4. 

Moreover, EPA's use of modeling has been upheld by the courts. For example, in 

Montana Sulphur, the company challenged a SIP Call, a SIP disapproval and a FIP promulgation 

because they were aU premised on a modeling analysis that showed the Billings/Laurel, Montana 

area was in nonattainment for S02• 666 F.3d at 1184. The court rejected Montana Sulphur's 

argument and held that EPA's reliance on modeling was not arbitrary and capricious or 

otherwise unlawful. !d. at 1185; see also Sierra Club v. Castle, 

657 F.2d 298, 332 (D.C. Cir. 1981) ("Realistically, computer modeling is a useful and often 

essential tool for performing the Herculean labors Congress imposed on EPA in the Clean 

Air Act"); Republic Steel Corp. v. Castle, 621 F.2d 797, 805 (6th Cir. 1980) (approving use of 

modeling to predict future violations and incorporating "worst-case" assumptions regarding 

weather and full-capacity operations of pollutant sources). 

aware modeling produces 

Regional Meteorologist, has stated 

under oath: 
concentrations resulting from emissions from an industrial source. These should 

be based on an appropriate modeling analysis. 

Declaration of John C. Vimont at 1, 11 (emphasis added), attached hereto as Exhibit 8. 

Similarly, Roger Brode is currently a physical scientist in EPA's Air Quality Modeling 

Group and co-chairs the AMS/EPA Regulatory Model Improvement Committee (AERMIC) and 

the AERMOD Implementation Workt,'Toup. Declaration of Roger W. Brode at 1, 2, attached 

hereto as Exhibit 9. Mr. Brode has stated under oath that AERMOD is ''readily capable of 

accurately predicting whether the revised primary S02 NAAQS is attained and whether 

individual sources cause or contribute to a violation of the S02 NAAQS." !d. at 2. Mr. Brode 

has explained: 

As part of the basis for EPA adopting the AERMOD model as the preferred 

model for nearfield applications in the Guideline on Air Quality Models, 

Appendix W to 40 CFR Part 51, the performance of the AERMOD model was 

extensively evaluated based on a total of 17 field study data bases (AERMOD: 

Latest Features and Evaluation Results. EPA-454/R-03-003. U.S. Environmental 

Protection Agency, Research Triangle Park (2003), portions ofwhich are attached 

to this affidavit) ("EPA 2003"). The scope of the model evaluations conducted for 

AERMOD far exceeds the scope of evaluations conducted on any other model 

that has been adopted in Appendix W to Part 51. These evaluations demonstrate 

the overall good performance of the AERMOD model based on technically sound 

model evaluation procedures, and also illustrate the significant advancement in 

the science of dispersion modeling represented by the AERMOD model as 

compared to other models that have been used in the past. In particular, adoption 

of the AERMOD model has significantly reduced the potential for overestimation 

of ambient impacts from elevated sources in complex terrain compared to othermodels. 

!d. at 3-4 (emphasis added). The power plants discussed in these comments are clearly elevated 

sources. 

EPA's practice in a number of other contexts also demonstrates that modeling is a 

technically superior approach for ascertaining impacts on NAAQS, and the history of EPA's 

preference for modeling to evaluate compliance rather than monitoring. For example, all 

N02, PM2 5, and NAAQS and PSD are 

performed with as running AERMOD 

on Air Quality Models. 40 C.F.R. § 1 (1)(1 ). Indeed, order to ensure 

consistency in how air impacts are determined, both existing sources and newly permitted 

sources should be assessed using the same methods. AERMOD modeling performs particularly 

well in evaluating emission sources with one or a handful of large emission points. The stacks 

are well-characterized in terms of location, dimensions and exhaust parameters, and have high 

release heights. In addition many plants have S02 continuous emission monitoring system 

("CEMS") data. AERMOD 
conditions. For example, AERMOD has been tested and performs very well during conditions of 

low wind speeds: 

AERMOD's evaluation analyses included a number of site-specific 

meteorological data sets that incorporate low wind speed conditions. For 

example, the Tracy evaluation included meteorological data with wind speeds as 

low as 0.39 meter/second (m/s); the Westvaco evaluation included wind speeds as 

low as 0.31 m/s; the Kincaid S02 evaluation included wind speeds as low as 0.37 

m/s; and the Lovett evaluation included wind speeds as low as 0.30 m/s. Concerns 

... regarding AERMOD's ability to model low wind speed conditions seem to 

neglect the data used in actual AERMOD evaluations. 

Comments of Camille Sears, attached hereto as Exhibit 10 (citing AERMOD evaluations and 

modeled meteorological data, available at 

http://www.epa.gov/ttn/scram/dispersion_prefrec.htm). EPA has noted as much tor years: 

"[a]mbient monitoring data and air quality modeling data tor a particular area can sometimes 

appear to conflict. This is primarily due to the fact-that modeling results may predict maximum 

S02 concentrations at receptors where no monitors are located." 1994 Guideline Document at 2-

6. 

In sum, neither the West Virginia SIP, nor permitted emission limits for plants like 

Albright, Kammer, Kanawha River, Rivesville, and Willow Island, currently ensure that counties 

in West Virginia will achieve and maintain the new one-hour S02 NAAQS. To satisfy the Act's 

obligations, WVDEP must include adequate emissions limits in the SIP, with one-hour averaging 

periods. EPA has acknowledged that, for the one-hour S02 NAAQS, modeling is the most 

accurate means of determining attainment with the NAAQS. 75 Fed. Reg. at 35,551, 35,570. 

Accordingly, WVDEP should include source-specific S02 emission limits in the SIP that, when 

modeled, show no exceedances of the NAAQS. 

II. THE WEST VIRGINIA INFRASTRUCTURE SIP MUST INCLUDE 

PROVISIONS TO ENSURE S02 EMISSIONS WILL NOT CAUSE OR 

SIGNIFICANTLY CONTRIBUTE TO NONATTAINMENT OR INTERFERE 

WITH MAINTENANCE OF THE S02 NAAQS IN ANOTHER STATE. 

In addition to causing violations of the one-hour S02 NAAQS in various counties within 

West Virginia, several of the plants modeled by the Sierra Club are also causing cross-state 

the NAAQS. WVDEP must ctrlrir"'"" 

cross-state 

Act Under Section 11 O(a)(2)(D), a SIP must contain ''adequate 

prohibiting ... any source ... from emitting any air pollutant in amounts which will-(1) 

contribute significantly to nonattainment in, or interfere with maintenance by, any other State 

with respect to any such national primary or secondary ambient air quality standard .... " 42 

U.S.C. § 741 O(a)(2)(D)(i)(I). West Virginia's infrastructure SIP, as proposed, fails to address 

any cross-state impacts that are due to sources within the state. WVDEP must therefore amend 

SIP to 110(a)(2)(D)(i)(I). 
The following West Virginia plants are predicted to cause violations of the one-hour S02 

NAAQS in other states and therefore ''significantly'' contributing to nonattainment in those 

states: 

See Albright Modeling Report at 3, Figure 1; Kammer Modeling Report at 8, 12; Rivesville 

Modeling Report at 8; Willow Island Modeling Report at 8. Based on these modeling results 

which find exceedances ofthe NAAQS crossing state lines, not only are West Virginia sources 

interfering with the maintenance of the one-hour S02 NAAQS, they are causing direct violations 

of the NAAQS and creating areas ofnonattainment. West Virginia's SIP fails to address these 

cross-state impacts, however, and thus violates Section 11 O(a)(2)(D)(i)(I). 

Just as EPA has historically used air dispersion modeling in attainment designations and 

SIP revisions, so has the agency relied on modeling to assess cross-state impacts under the Act's 

Good Neighbor provision, that is Section 110(a)(2)(D)(i)(I). In both the Clean Air Interstate 

Rule ("CAIR") and the Cross-State Air Pollution Rule ("CSAPR"), as well as the 2003 NOx SIP 

Call, EPA has used modeling to determine pollutants' cross-state impacts. Although CAfR and 

CSAPR have subsequently been struck down by the D.C. Circuit, the court never questioned the 

agency's use of modeling to assess cross-state impacts. See generally North Carolina v. EPA, 

531 F.3d 896 (D.C. Cir. 2008) (finding the emission limits and trading program of CAIR 

arbitrary and unlawful due to EPA's failure to properly measure each state's "significant 

contribution," EPA's failure to ensure that downwind states do not "interfere with maintenance" 

ofupwind states with respect to any NAAQS, EPA's failure to impose consistent deadlines, 

EPA's arbitrary budgets, and EPA's termination ofthe Acid Rain program); EME Homer City 

Generation v. EPA, 696 F.3d 7 (D.C. Cir 2012) (vacating the rule because it required upwind 

states to reduce emissions by more than their own significant contributions to downwind states' 

nonattainment and did not allow states to implement reductions through SIPs before issuing 

Federal Implementation Plans). 

In contrast to the court's problems with CAIR and CSAPR, in this situation, the Sierra 

Club's air dispersion modeling identifies a single upwind source which by itself is causing a 

violation in a single downwind state. such, the Sierra Club's modeling reports demonstrate 

not cross-state but fact, actual the one-hour S02 NAAQS 

'~""~'"''Pnt states are being sources West 

WVDEP must address these impacts with proper emission limitations in its SIP for these plants 

that ensure that they do not contribute significantly to nonattainment or interfere with 

maintenance of the NAAQS in any downwind state. Again, even though Albright, Rivesville, 

and Willow Island are scheduled for retirement, until the West Virginia SIP includes enforceable 

measures to ensure these closings, WVDEP cannot ensure that its SIP complies with 

110(a)(2)(D)(i)(I). Thus, WVDEP must amend the SIP to either contain enforceable provisions 
emission limits are stringent enough to ensure that West Virginia sources do not interfere with 

maintenance of the S02 NAAQS in downwind states. 

Nor can WVDEP rely on EME Homer City Generation L.P. v. Environmental Protection 

Agency, 696 F.3d 7 (D.C. Cir. 2012), as an excuse to ignore its obligations under Clean Air Act§ 

11 O(a)(2)(D)(i)(I). Although in dicta Homer City suggests that EPA must quantify upwind 

states' emission reduction obligations in order for states to submit SIPs addressing those 

obligations, this interpretation conflicts with the plain language of 42 U.S.C. § 741 O(a)(l) which 

indisputably requires states to submit Infrastructure SIPs within three years of promulgation or 

revision of any primary or secondary NAAQS. 42 U.S.C. § 741 O(a)(2)(D)(i)(I) requires these 

Infrastructure SIPs to contain adequate provisions prohibiting sources in upwind states from 

contributing significantly to nonattainment or interfering with maintenance of the NAAQS in any 

downwind state.5 Moreover, there is no issue with West Virginia being unable to determine 

without EPA's help what its S02 contributions to downwind states may be: here it is very clear 

what reductions WVDEP must require, as the violations are coming from a single source. 

III. CONCLUSION 

The West Virginia SIP is currently inadequate to achieve and maintain compliance with 

the one-hour S02 NAAQS, as described above. WVDEP must adopt new provisions into the SIP 

to protect the public health and comply with the Act's requirements. The Sierra Club would be 

happy to provide any other information that might assist WVDEP in evaluating the impacts of 

these sources and developing a SIP in full compliance with the Act. 

Maggie We 

Law Office of Maggie Wendler 

1843 Toyon Way 

Vienna, VA 22182 

(703) 772-1433 

mwendler.esq@gmail.com 

On behalf of Sierra Club 
(202) 675-7917 

Robert Ukeiley 

Law Office of Robert Ukeiley 

507 Center Street 

Berea, KY 40403 

(859) 986-5402 

rukeiley@igc.org 

On beha(f of Sierra Club 
··NOTICE OF.PVBJ.;fC 

COMftli,_E~T;:P,~~~Op 

rtte west:-Vfril~hfa:· -.oe. 

part'rnent::Cif.\:EilvlrOmllen-

~~~n~~~ti~~~-&~N~~~u~1i~ · ·,ty .tor;_;publj~--cQmi"nent..·on 

a ·pre:!'osed ·we_st Nirgfnlo ··state·,_ ~ ·· tinPlementofiori 

Plan revision-· for--·· Clean· 

AiT::Aet_§J.l.O{a) {2HAJ~CMl Re~u iremi:mts· __ .· :foo Sulfi.J r QJox_id.e \YitA:_regar_d't_o the. ! -. 2010 l~houro:-s_IJ.Iflif-'d!oxlde:-; - {502J:_::Natlonai·-JO;rnb_lenf--: 

A[r· .. '·Quantv:-. ·_SJo:nt;lards:,-. (NAAQSt . The';'stote-·tm~ 

~<.ptementdtioll-pl!:m :cs I Pl :_is . -ttw_ --~plqn_:,.-:!:l~vel.oped ·_ :)Jy-. ·wes_t Virginia. lri-order'to · ';flilfill:-·its; -respOnsibiiJties: 

unde'r the-.-CieOn .AiL:-Act-

~JCAA}Jo ottOin or:~d ·main- .-~ Aill." the ,_-NAAQS . 1Proniu 1_-. • gat~d-by the:lJ.S'.·Env:irOn_~_! 

._nien.tal Protection :Agency' ,(U_,_S.,·.:··I;:PA).\ -A-, ,public . . '_hea_rin~·will tOke-piCce·_bl7 · gin'ning.qt 6-p.m·.-on :Ma"v 

':-20; -.2913_ irJAIJe ·PoliY:'~Sods_': ConferenCe)-"Room·'.at ·tile·,-_ · DEP headquarters. _·:The· 

public :co~ment :period· will Peg in o'n April 19, -2013' 

(lr)d -end ·aNhe conclusion 

of'·'the: publlt:;''he'arfng_,.on .-

M9Y,20, ___ ~~1_3::_.<:; .. ·-:;',-~.:.<' _· 

In fhJS-prdPO.\ied rev:ision 

to"the SIP; West,Virglnla is.· den10nstratlng_ that.- if 

has''' ·adequate:; r'!'lsource.s 

.qnd ·authority.: -to. imple- · 'i ment. the· 2010 -i--hour .. so2 · 

f\IAAQS: · Compl(ariCe: wit!l :: sp"fcific·'-;· CAA-·. \-s~ction 

lTO(o) (2) .requirements Is de~oiled.:Jn -~- -- do~;ument 

demonstrating 'tiJot. the· 

Stote-_meE!ts the.se _express· 

reqlJire\ _:erits 'throUQh :au-' 

thorities" gra_nteCht.lr)der state ·- lows. arid · regula- ' 

tions, ·_as, W:elt .··as: _.J_n:ijlle~_, 

·_rnentatiO_n ,'of' exlstin9 -'Oi_r· ~ 

· progro_mS. 'DEP-is.s~_ekJng: 

cOfrui"Jents"'on whethi:!r the· 

document.. - · adequately .:d_emonstrates. -West_ VJr, ginla~s -coinPiiance -·with 

. the Pe_'rtihe_nHeder~l:TAA' 

manc:lates. i"e[cih!d JC!cfhese 

S_I.P infrq~t_ru_cture- ele- ments. ·-

UP~n co~;~~~~i-orl -.of ... the 

P:ub(ic notice.-.Period, and 

offer .addre;sinQ'anYwrit- tert or verbOI.: comments, 

the D'EP will 's"bmit_ the-final _document_ati_on:·to the 

u.s. EPA: as a rE!vision'fo_ 

the SIP. . . 

Copfe's of the pri:nxised, 

" 
CHARLESTON NEWSPAPERS 

P.O. Box 2993 

Charleston, West Virginia 25330 

Billing 348-4898 

Classified 348-4848 

1-800-WVA-NEWS 

WV DIVISION OF AIR QUALITY 

601 57TH STREET SE BILLED 

TO CHARLESTON WV 25304 USA 

L _j 

Please return this portion with your payment. 

Make checks payable to: Charleston Newspapers 

CHARLESTON NEWSPAPERS 

P.O. Box 2993 

Charleston, West Virginia 25330 

Billing 348-4898 

Classified 348-4848 

1-800-WVA-NEWS 

46517001 

TOTAL INVOICE AMOUNT 

State of West Virginia, 

THE CHARLESTON GAZETTE, 

do solemnly swear that the legal notice of: 

4/19 REQ. SULFUR DIOXIDE 

OF PUBLICATION 

INVOICE DATE 

ACCOUNT NBR 

SALES REP ID 

INVOICE NBR 

AM:OUNT PAID: 

INVOICE DATE 

ACCOUNT NBR 

9. 50 

of 

8.82 83.79 

OFFICIAL SI;AL 

Notary Public, State of West VIrginia 

MARY T PRILLAMAN 1 ,. -~ s~onphio )5tr_eet 

South Charleston, WV · 25309 

My cQmmission expires April12, 2021 

83.79 

83.79 

was duly published in said newspaper(s)at the stated price for the respective newspaper(s) and during the dates listed below: .()) /_/ rl '} . . ~nf13-04/19!13 

Subscribed and sworn to before me thwrll__day of JJ~n L . t2 /LJJ/It . · · 

Notary Pub· of Kanawha County, West Virginia 
Volume XXX 

Issue 16 

April19, 2013 

Pages 618-657 

A Weekly Publication 

Administrative Law Division 

Judy Cooper, Manager 

Natalie E. Tennant 

Secretary of State 

Administrative Law Division 

Bldg. \,Suite 157K 

1900 Kanawha Blvd. E. 

Charleston, WV 25305-0770 

(304) 558-6000 i 

W\\ l.V. wvsos.com 

WEST 

VIRGINIA 

REGISTER 

Published by the Office of the Secretary of State 

CONTENTS 

!. Chronologicallndex 

ll. Open Government Meetings Listing 

Ill. Price List 

IV. Rule Monitor 

V. Notices 

a. Legislative Rules 

b. Interpretive Rules 

c. Procedural Rules 

d. Emergency Rules 

e. Legislative Rule-Making Review Committee 

VI. Legislative Interims 

Vll. Orders 

Vlll. Ethics Commission Opinions 

IX. Office ofT a"< Appeal Decisions 

X. Other Documents or Information Filed 

XI. Publication Deadlines and Publication Dates 
AGENCY 

28" Judicial Circuit Public Defender Corp. 

Accountancy, WV Bd. of 

Architects, Bd. of 

Auditor's Office, State 

Children's Health Insurance Agency 

Chiropractic Board 

City Hospital, Inc. 

Coal Heritage Highway Authority 

Commerce, Dept. of 

Concord University 

Consolidated Public Retirement Board 

Deaf and Hard of Hearing, Comm. for the 

Education 

Environmental Protection, Dept. of 

Ethics Commission 

Executive Order 

Fayette Co. Health Dept. 

First Judicial Circuit Public Defender Corp. 

Forestry, WV Div. of 

Harrison Co. Comm. Corrections Program 

Health and Human Resources 

Health Care Authority 

Higher Education Policy Comm. 

Highland Hospital Association 

Housing Development Fund, WV 

Human Rights Commission 

Insurance Commission 

Investment Management Board 

Justice & Comm. Service 

Lottery 

Massage Therapy Licensure Bd. 

Med. Imaging & Radiation Therapy Tech. Bd. of Exam. 

Medicine 

Miners' Health Safety & Training 

Monongalia Co. Solid Waste Auth. 

National Coal Heritage Area Auth. 

Optometry, WV Bd. of 

Parkways Auth. 

Pierpont Comm. & Tech. College 

Public Defender Corporations 

Public Defender Services 

Public Employees Grievance Board 

Public Service Commission 

Quarry Mine Board 

Rehabilitation Services, WV Div. of 

Treasury Investments, WV Bd. of 

WV Health Information Network 

WV Investment Management Board 

WV Northern Community College 

West Virginia State University 

West Virginia University Hospitals 

WorkForce West Virginia 

WVDOT 

WVSU Board of Governors 

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:'1/0TICE OF PUBLIC C0:\1;\IEI\'T PERIOD I{IJ3 f, .. , J -, ., 

-·' "' ' I Lill; ~'~ 

Th~: West Virginia D~pnrlmcm of Envirunmcma] Protection (DEP) is nnnouncing an 

opportunity fOr public comment on a proposed West l'ilxinia State /mplcmt'tllatirm Phm revi.~ion 

jiw Clean Air Act _1\)//J(a)(:!)(A)-(A/) Retttdremmts_liw Su/ji1r Dioridl! with regard to the 2010 !c: 

hour sulfur dioxiJ<.' (SO!) Nation:~! Ambient Air Quality StnnJnrds (NAAQS). The stall' -

implcmenl<llion plan (SIP) is the plan developed by West Virginia in ord<.'r to fulfill its 

responsibilities under the Ckan Air Act (CAA) to altain anJ maintain the NAAQS promulgated 

by tlu: U.S. Environmental Protection Agcncy (U.S. EPA). A public hearing will take place 

beginning at 6 p.m. on Mny 20,2013 in the Dolly Sods Confen:n~e Room nlthc DEP 

headquarters. The public comment period will begin nn April 19, 201 3 and end at the cnnelu~ion 

of the public hearing on May :20, 2013. 

In this proposed revision to th.: SIP, Wl·st Virgmi:~ is demonstrating that it has adcqu:ttt: 

resources and authority to impkmentthe 2010 I -hour SO! NAAQS. Compliance with specilic 

CAA ~~::ction II 0{a){2) n:quiremems is detailed in a document demonstrating that the St;l\e meets 

these express requirements through authorities granted under state lmvs and regulations, as well 

ns implementation of existing nir programs. DEP is seeking comments on whether the donnnent 

adequately demonstrates West Virginia's wmpliance with the pL·rtinent federal CAA mimdatcs 

related to these SIP infrastructure clements. 

Upon completion of the public notice period, and arter addressing any wrilten or vcrhal 

comments. the DEP will submit the lin:~ I documentation to the U.S. EPA as a revision to the SIP. 

Copies of the proposed CAA ~ 110{a)(2) SIP rcvi~ion may he viewed bctwe.:n fUO a.m. 

and 4:30p.m. at the DEP Division of Atr Quality, 601 57'h SE. Charleston, \VV 2530-1, 

beginning April I 9, 201 J. or ckctronica!ly upon e-mail request to: Tammy.L.Mowrer(a wv.gov. 

The proposal may also be accessed via the following web address: 

http://www.dcp.wv.gov/daqlpuhlienoticeandeomment/Pagcs/dcfault.aspx. 

Send written comm~::nts to he included in th.: formal record to John A. Benedict, Director, 

Division of Air Quality at the a hove address. Please idcntiry the doct!ment to which the 

comments apply, the c:ommenter's name, :tt!Jress, and telephone number. Comments will aho be 

accepted by e-mail ifreeeivcd hy 5:00p.m. on May :!0. 2013 to: Tnmmy.L.Mowrcr(/1 wv.gov. 

Comments submitted by U.S. Mail must he postmarked by May 20,2013. 

OTHER 

Earl Ray T<~ml1hn 

Go1trnor 

4"';~ 

~) sn.TE OF \\'EST \'IJtGI:"IA 

DEPARTYIE~TOF HEALTH A:"D HI:!\ fA;'~;' RESOl'RCES 

fl()REAll FOR PUBLIC HCAL TI-l 

OfFICE OF f:."'\'IRO .... Mt::NTAL 1-lt::ALTIJ SERVICES 

MEMORANDUM 

To: lnterestcd i'nnies 

From: Roben \\'.DeCrease, P. E. /2uvD 

Drinking Water Trc:nment Revolving fund 

D;~te: 

Subject: 

Apri115, 2013 

T ov.n of Capon Bridge 

Distribution System !Jpgmdes and Water Line Extensicm 

Environmentnl Review (FONST) 

DWTRF Project Number: 12DWTRFA015 

I lampshire County 

Rnccn S. Fud!ln 

C~binet S<·cretar> 

:-.; 

w 

[:-:~ 

,,, 

Please lind enclosed the Town of Capon Bridge Dist1·ibution System Gpgr:~des nnd Water Line 

Extension Project Finding of No Significant Impact (FO:"JSI). 

The review process indicated significant environmental impacts would not result from the 

proposed action. Consequently, a preliminary decision not to prepare .'In Environmental Impact 

Statement has been m::~de. 

This action is based on :1 careful review of the Em·ironmental Infoml:llion Document and other 

supporting data. These documents are on Jile in the \\'est Virginia Bureau for Public Health. 

Environment!l! Engineering Division, nnd are ::~vai!ahle i0r public review upon request. 

Comments supponing or disagreeing with this prdiminary decision may be st1bmitted for 

consideration to Christopher Thomas. at 350 Capitol Street, Room 313, Charlestllll. West Virginia 

25301·3713. You may also FAX your comments to (304) 558-0691. After cv!lluating the comments 

received. the Bureau will make a decision no ~ooncr than thirty (30) calendar days from the d:1te of this 

FOXSL No administrati\'e action will he taken with respect to tl1is proposal during this time frame. 

R\\'O:C:I\1 

Jli~tribution List: 

Tov.~1 of Capon Bridge 

Region 8 Regional Council 

Division of Culture & Histol)' 

U.S. Fish and Wildlife Scn-·icc 

We~t Virginia Development Oflicc 

\\'est Virginia Division of!'.:atuml Resources 

West Virginia Burenu of Public Health 

350 Cnritol Strl"e!, Room 313 

Charll•ston, West \'ir>,!ini:1 25301-3713 

Tctcrhooc: (304) 558-2981 

"' ~ 

w 
Mason, James L 

From: 

Sent: 

To: 

Cc: 

Subject: 

Attachments: 

Ellen, 

Mason, James L 

Tuesday, Aprill6, 2013 2:05 PM 

'Schmitt.ellen@Epa.gov' 

Durham, William F; 'Spink.marcia@Epa.gov' 

West Virginia's Proposed 502 Infrastructure SIP 

Proposed5022011WV!nfrastructureSIP110(a)(2)(A)-(M)_l.doc; 

502InfrastructureSIPNotice.pdf 

Attached you will find West Virginia's proposed S02 Infrastructure SIP, along with a public notice. The 30 day notice 

period begins April19, and ends May 20, 2013. Let me know if you have any questions regarding the proposed 

document. My phone number is 304 926 0499 1200. 

After response to comment, we plan to submit it as a revision to the SIP on May 31, 2013. 

Thanks! 

-Jim Mason 

WVDAQ 

1 
NOTICE OF PUBLIC COMMENT PERIOD

The West Virginia Department of Environmental Protection (DEP) is announcing an

opportunity for public comment on a proposed West Virginia State Implementation Plan revision

for Clean Air Act §110(a)(2)(A)-(M) Requirements for Sulfur Dioxide with regard to the 2010 1-

hour sulfur dioxide (SO2) National Ambient Air Quality Standards (NAAQS). The state

implementation plan (SIP) is the plan developed by West Virginia in order to fulfill its

responsibilities under the Clean Air Act (CAA) to attain and maintain the NAAQS promulgated

by the U.S. Environmental Protection Agency (U.S. EPA). A public hearing will take place

beginning at 6 p.m. on May 20, 2013 in the Dolly Sods Conference Room at the DEP

headquarters. The public comment period will begin on April 19, 2013 and end at the conclusion

of the public hearing on May 20, 2013.

In this proposed revision to the SIP, West Virginia is demonstrating that it has adequate

2

resources and authority to implement the 2010 1-hour SO NAAQS. Compliance with specific

CAA section 110(a)(2) requirements is detailed in a document demonstrating that the State meets

these express requirements through authorities granted under state laws and regulations, as well

as implementation of existing air programs. DEP is seeking comments on whether the document

adequately demonstrates West Virginia’s compliance with the pertinent federal CAA mandates

related to these SIP infrastructure elements.

Upon completion of the public notice period, and after addressing any written or verbal

comments, the DEP will submit the final documentation to the U.S. EPA as a revision to the SIP. 

Copies of the proposed CAA §110(a)(2) SIP revision may be viewed between 8:30 a.m.

and 4:30 p.m. at the DEP Division of Air Quality, 601 57 SE, Charleston, WV 25304, th

beginning April 19, 2013, or electronically upon e-mail request to: Tammy.L.Mowrer@wv.gov.

The proposal may also be accessed via the following web address:

http://www.dep.wv.gov/daq/publicnoticeandcomment/Pages/default.aspx.

Send written comments to be included in the formal record to John A. Benedict, Director,

Division of Air Quality at the above address. Please identify the document to which the

comments apply, the commenter’s name, address, and telephone number. Comments will also be

accepted by e-mail if received by 5:00 p.m. on May 20, 2013 to: Tammy.L.Mowrer@wv.gov.

Comments submitted by U.S. Mail must be postmarked by May 20, 2013.
west virginia department of environmental protection

Proposed West Virginia 

State Implementation Plan Revision for 

Clean Air Act §110(a)(2)(A)-(M) 

Requirements for Sulfur Dioxide 

April 19, 2013 

West Virginia Division of Air Quality 

601 57th Street, SE 

Charleston, W.Va. 25304 

Promoting a healthy environment 
This page intentionally left blank.
Proposed West Virginia State Implementation Plan Revision for 

Clean Air Act §110(a)(2)(A)-(M) Requirements for Sulfur Dioxide 

A State Implementation Plan (SIP) is a plan for each state that identifies how that state will attain and/or maintain thNational Ambient Air Quality Standards (NAAQS). The SIP is a series of complex, fluid documents containing regurequirements, non-regulatory items such as plans and inventories, and in some cases additional requirements promulEnvironmental Protection Agency (EPA). The initial SIPs for states were approved by EPA on May 31, 1972. SIPs cwith EPA approval as necessary. The federally enforceable SIP for West Virginia is compiled in 40 CFR Part 52, Suto the SIP, West Virginia is demonstrating that it has adequate resources and authority to implement the 2010 1-hour NAAQS. The 2010 1-hour SO2 NAAQS are incorporated by reference in West Virginia legislative Rule 45CSR8. 

This SIP revision addresses requirements of §(a)(2)(A)-(M) of the Clean Air Act (CAA), many of which have been arevisions. It is a compilation of elements that demonstrate how the primary or secondary 2010 1-hour SO2 NAAQS i

maintained and enforced in West Virginia. The elements of this SIP revision, once approved by EPA, will provide a compilation of how West Virginia will continue to comply with the §110(a)(2) requirements of the CAA. 

In 1961, the State Legislature passed the Air Pollution Control Law of West Virginia, making West Virginia the sixtstatewide air pollution control law. The law provided for a separate state agency composed of a seven member Commstaff. The powers, authorities and funding of the original Commission were subsequently conveyed to the Office of Athe Division of Air Quality (WVDAQ) within the West Virginia Department of Environmental Protection (WVDEP

legal authorities now incorporate over 90 full time staff, with a multi-million dollar annual budget and approximately 

DAQ has a variety of substantial funding sources, including construction/modification permit fees, Title V operating 

operating fees, general State revenue and federal grant monies. The agency has demonstrated the ability to implement state and federal requirements for over fifty years as most recfederally approved revision to the West Virginia hospital/medical/infectious waste incinerator §111(d)/129 plan, limVirginia’s Regional Haze SIP revision, and approval of revisions to West Virginia’s Prevention of Significant DeteriSIP. Additionally, the entire state of West Virginia has been designated attainment/unclassifiable for the 2008 ozone 

authority for the West Virginia air quality program relating to the responsibilities in the Clean Air Act is codified in Pollution Control Act, W.Va. Code §22-5, more specifically §22-5-1, which gives West Virginia the primary responquality pursuant to the CAA. Many elements of §110(a)(2)(A)-(M) already exist in the approved SIP or recently subother NAAQS. This SIP revision may reiterate and/or reinforce some of these previously submitted and/or approved 

requirements, such as those for intergovernmental consultation, air quality modeling and compliance with Part D of t

during the development and submission to EPA, as a SIP revision, of attainment plans and related requirements due Subpart 5 of the CAA. Based on 2010-2012 monitoring data, West Virginia has recommended that only two partial 

&Marshall) be designated as 2010 1-hour SO2 non-attainment areas. The remainder of West Virginia is identified as 

attainment/unclassifiable for the 2010 1-hour SO2 NAAQS. 
Section 

110(a) element The implementation plan shall: West Virginia Implementation 

§110(a)(2)(A) include enforceable emission 

limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance as may be necessary or appropriate to meet the applicable requirements of this Act. 

Enforceable Emission Limitations and Other Control MeasuresW.Va. Code, §22-5-1 declares the state’s public policy “to 

responsibility for assuring air quality pursuant to the ‘Federal Camended.” The West Virginia Department of Environmental PSecretary (Secretary) has the authority under §§22-5-4(a)(1) & (3) and means for the regulation and control of pollution of the air oSecretary has the authority under §§22-1-3(a), 22-5-4(a)(4) and promulgate rules in accordance with the Administrative ProcedureW.Va. Code §§29A3-1 et seq. Approximately forty air quality rules imthe auspices of the APCA are currently in effect and codified at TitVirginia Code of State Rules (CSR), including the ambient air qua

criteria pollutants (including the 2010 1-hour SO2 NAAQS) contained 

45CSR8. Existing, enforceable SIP provisions which WVDAQ has adopted thof SO2 and other control measures for SO2 may be found in the CS

appropriate to meet the applicable requirements of the CAA: 45CSR10 - The purpose of this SIP approved rule (68FR33002pollution from the emission of sulfur oxides. 45CSR10 contains emissources of SO2 emissions in West Virginia. 

45CSR10A - This rule provides guidance and clarification for cotesting, monitoring, recordkeeping and reporting requirements of 45C45CSR11 - The purpose of this SIP approved rule (58FR34526mechanism to prevent the buildup of air pollutant concentrations adverse meteorological conditions in which air pollutants may accpreventing the occurrence of an emergency due to the effects of thhealth. To achieve this purpose, three (3) stages of criteria (pollulevels) have been established and specific emission reduction plans which will be initiated at each criteria stage to prevent further detesupply to any air quality region or substantial portion thereof. 4episode criteria, methods of measurement, preplanned reductioemission reduction plan requirements for sources of SO2 emissions i

45CSR13 - The purpose of this SIP approved rule (72FR5932) iprocedures for stationary source reporting, and the criteria for obt
§110(a)(2)(A) (continued) 

construct and operate a new stationary source which is not a major 

to modify a non-major stationary source, to make modifications whmodifications to an existing major stationary source, to relocate nosources within the state of West Virginia. Such a permit may cenforceable SO2 emission limit. SO2 is a “regulated pollutant’” 

45CSR§13-2.20.b. An emissions increase of six (6) pounds per hour per year or more, or more than 144 pounds per calendar day 

modification under 45CSR13. 45CSR14 - The purpose of this SIP approved rule (77FR63736) prevention of significant deterioration permit program requirements CAA. 45CSR14 contains a significance level for SO2 of 40 tpy and 

levels of 1.0, 5.0 and 25.0 μg/m3 for annual, 24 and 3-hour 

respectively. 45CSR14 also contains a de minimis air quality impac13 μg/m3 over a 24 hour averaging time and a maximum a

concentration increase over baseline concentration of 20, 91 and 512 

arithmetic mean, 24-hour maximum and 3-hour maximum respectively, in Class II areas. A PSD source in an attainment area 

emission limitation in a permit under 45CSR14 based upon a Baccordance with CAA §§165(a)(3) and (4). 45CSR16 - The purpose of this rule is to incorporate the fedPerformance Standards under Part A of the CAA and 40 CFR Part received NSPS program delegation for Part 60 NSPS authority unDecember 14, 1984 at FR48692. West Virginia has received automauthority to enforce Part 60 NSPS in accordance with EPA letters 

01/08/02 as well as EPA’s Notice at 67FR15486. All current emisstandards of performance for SO2 promulgated under 40 C

incorporated by reference under 45CSR16, except any limitation or be included in Subparts B, C, Ca, Cb, Cc, Cd, Ce, Ea, Eb, Ec, WWCCCC, DDDD, EEEE, FFFF, LLLL and MMMM. 45CSR18 - The purpose of this rule is to adopt standards of establish emission guidelines and compliance times pursuant to §§the CAA for solid waste combustion sources in West Virginia. EPA West Virginia’s §111(d)/129 Plan for hospital/medical/infectious wa77FR3389. §111(d)/129 solid waste combustion sources in West Vto any applicable SO2 standard of performance or emission guide

under 40 CFR 60, Subparts Eb, AAAA, Ec, Ce, CCCC, DDDD, EEEE 45CSR19 - The purpose of this SIP approved rule (71FR64468) nonattainment area new source review permit program requirementCAA. 45CSR19 contains a significance level for SO2 of 40 tpy and 

levels (ambient air concentration increase) of 1.0, 5.0 and 25.0 μg/
§110(a)(2)(A) (continued) 

and 3-hour averaging times, respectively. A NSR source in a SO

area may have a SO2 emission limitation in a permit under 45CSRLAER analysis. West Virginia has two partial counties (Brooke & Mas potential 1-hour SO2 non-attainment areas. 

45CSR30 - This rule establishes a permitting program pursuant to TAny major stationary source subject to federally enforceable SO2 em

or control measures pursuant to 45CSR10, 45CSR11, 45CS45CSR16, 45CSR18, 45CSR19, 45CSR33 or 45CSR41 will be conissued by the Secretary under its established Title V permit progrdate of interim approval of West Virginia’s Title V Program an12/15/95. EPA fully approved the West Virginia Title V program via 10/03/01 (66FR50325). EPA approved revisions to 45CSR30 conta07/01/01 rule via a separate DFR published on 10/09/01 (66revisions became federally effective 11/23/01. West Virginia submitteapproved Operating Permit Program to EPA Region III on June 6, 2045CSR33 - This rule establishes and adopts general provisions apermit program requirements for affected sources and affected unRain Program promulgated by the EPA under Title IV of the incorporates by reference the following provisions: 40 CFR PRegulation”; 40 CFR Part 74, “Sulfur Dioxide Opt-Ins”; 40 CFR PaEmissions Monitoring”; 40 CFR Part 76, “Nitrogen Oxides Reduction 

CFR Part 77, “Excess Emissions”. The rule was submitted to US1995 as part of the state’s Title V requirements and approved effecwith interim approval of the West Virginia Title V program. 45CSR41 – This SIP approved rule (74FR38536) establishes genethe designated representative, permitting, allowance and monitoring state CAIR SO2 Trading Program pursuant to the federal Clean A

under §110 of the CAA, 40 CFR Part 96, Subparts AAA through H§51.124 for state implementation plans as a means of mitigating intefine particulates and SO2. 

West Virginia has two partial counties (Brooke & Marshall) identifihour SO2 non-attainment areas. Emissions limitations and other 

needed to attain the NAAQS in areas designated nonattainment fobe due on a different schedule from the §110 infrastructure elemreviewed and acted upon with regard to approvability for the specific an attainment plan under CAA Title I part D through a separate proceWest Virginia has two existing SO2 maintenance plans that have b

EPA; one for the Weirton area (70FR1664) and one for the New (70FR33364). 
§110(a)(2)(B) provide for establishment and 

operation of appropriate devices, methods, systems, and procedures necessary to monitor, compile, and analyze data on ambient air quality, and upon request, make such data available to the Administrator; 

Establishment of Ambient Air Quality Monitoring System: PCode, §22-1-1(a)(1), “protecting the environment is fundamental welfare of individual citizens,” and, the state “has a duty to provihealthful environment for our citizens.” Under §22-1-1(a)(2), “the sta

responsibility for protecting the environment.” §22-1-1(b) “destablishment of a department of environmental protection is in the that “It is the policy of the state .....to use all practical means and m

or eliminate harm to the environment and biosphere, to create and munder which man and nature can exist in productive harmony, .....” Additionally, §22-5-1 declares the state’s public policy “to fulfill its prfor assuring air quality pursuant to the ‘Federal Clean Air Act’, as amAs set forth in §22-1-1(b)(5), the WVDEP, “insofar as federal envirorequire state participation” must “endeavor to obtain and continue s

administration of such federally-mandated programs,.....and to appropriate federal agencies to meet environmental goals.” 

Under §22-1-6(a), the Secretary “is the chief officer of the departmenduties and authority pursuant to §§22-5-2(3) and 22-5-4. The Secretary has the authority under W.Va. Code §§22-5-4(a)(1) 

ways and means for the regulation and control of pollution of the a“conduct such studies and research relating to air pollution anabatement”. Therefore, under manifold statute authority, West Virginia operates established network of fourteen ambient SO2 monitors in West Virgi

of assessing compliance with the 2010 1-hour SO2 NAAQS, which 

for in the CAA. Monitoring System Operation: To assess 2010 1-hour SO2 NA

WVDAQ operates a network of SO2 monitors in West Virginia 

designated by EPA as either Federal Reference or Federal Equivanetwork monitors air quality for the 2010 SO2 NAAQS at appro

accordance with the Ambient Air Monitoring Reference and Equival40 CFR Part 53 and the Ambient Air Quality Surveillance requireme58. Ambient air monitors are subjected to the Quality Assurance rCFR Part 58 Appendix A. Additionally all monitors have met threquirements of Part 58, Appendix E. WVDAQ analyzes collected determine attainment status under the 2010 1-hour SO2 NAAQS. 

On June 22, 2010, EPA revised the SO2 NAAQS Amendments to A
§110(a)(2)(B) (continued) 

and Reporting Requirements. As a result, the WVDAQ now collec

5-minute average data from all fourteen SO2 monitoring sites. 

Availability of Data: In order to keep EPA informed of plannemonitoring sites, WVDAQ provides EPA Region III with adequate Details of these modifications and anticipated approvals of the communicated to EPA. On an annual basis, WVDAQ submits to EPdesign plan and periodic network assessment required under 40 describes how West Virginia is complying with monitoring requiremany modifications to the monitoring network. This plan also provides each system modification, the reason for each modification, and anrelevant to the modification pursuant to 40 CFR §58.14. To demonthat West Virginia meets changes in monitoring requirements related NAAQS, on June 27, 2012 West Virginia submitted a 2012 AMonitoring Network Design Plan to EPA. The plan was consequently 

via letter received by West Virginia on March 4, 2013. 

As provided in W.Va. Code §§22-5-4(a)(2), 22-5-10 and §110(a)(WVDAQ collects and reports in a timely manner to EPA ambient SO2. The reports comply with the Data Submittal and Archiving Req

in CFR §58.16. The data is reviewed, edited, validated, and enterequality system (AQS) for updating pursuant to prescribed AQS proAQS receives each report within 90 days after the end of the quarterData is certified annually as required under 40 CFR §58.15. 

§110(a)(2)(C) include a program to provide for 

the enforcement of the measures described in subparagraph (A) and regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved, including a permit program as required in parts C and D; 

Enforcement of Control Measures for the 2010 1-Hour SO2 NA

W.Va. Code §22-1-6(a), the WVDEP Cabinet Secretary “is the cdepartment” with the powers, duties and authority pursuant to §§22-5The Secretary has the authority under W.Va. Code §§22-1-3(a), 225-4(a)(17) to promulgate rules in accordance with the Administrativ(W.Va. Code §§ 29A3-1 et seq.) The Secretary has the authority under W.Va. Code §22-5-4(a)(5requiring compliance with the provisions of this article and t

promulgated hereunder.” The Secretary has the authority under W.Va. Code §22-5-4(a)(9) “to any property, premise or place .... for the purpose of ascertaicompliance with this article and the rules promulgated under the article.” The Secretary has the authority under W.Va. Code §22-5-4(a)(16
§110(a)(2)(C) (continued) 

necessary and convenient to prepare and submit a plan o

implementation, maintenance and enforcement of the Federal Clean The Secretary also has the authority under W.Va. Code §22-5-5 directing a person to cease and desist activity which violates the proet seq. and the rules promulgated pursuant thereto. 

Pursuant to W.Va. Code §22-5-6, violators of the provisions of §22-5

rules promulgated pursuant thereto are subject to civil penalty. 

West Virginia therefore has an established legal framework and provide for the enforcement of the emission limitations and other methe §110(a)(2)(A) element of this document, and contained in a pe45CSR10, 45CSR13, 45CSR14, 45CSR18, 45CSR19, 45CSR3

45CSR41. Preconstruction NSR Permitting of Minor Sources: West Virgin

rule 45CSR13 (72FR5932) governs the minor NSR program for souof SO2 and provides for pre-construction permitting regarding the 

construction of minor stationary sources and the minor modification osources pursuant to 40 CFR §§51.160-164. 45CSR13 addresses the impact of permitted sources on the 2010 1-

through permits which contains the emission standards, registratiomonitoring, recordkeeping and reporting requirements for sources 

contained in 45CSR10, and the New Source Performance St

promulgated under 40 CFR Part 60 and incorporated by reference in The EPA issued a general policy statement on the topic of “promineof minor source programs and permits, in a memorandum dated AJanet McCabe, Principal Deputy Assistant Administrator, Office of Aentitled “Minor New Source Review Program Public Notice RequirCFR §51.161(b)(3)”. West Virginia follows this general policy advertisement of minor source permitting actions under 45CSR13. Preconstruction PSD Permitting of Major Sources: The PrevenDeterioration (PSD) program contained in Part C of Title I of preconstruction review and permitting of any new or modified major of air pollutants regulated under the CAA as well as any precursors tthat pollutant when identified for regulation by EPA. The PSD profuture growth and provide for continued maintenance of the 2010 1-h

West Virginia’s PSD program is set forth in SIP approved rule 45CSR45CSR14 implements a comprehensive PSD permit program as requ
§110(a)(2)(C) (continued) 

of Title I of the CAA for all regulated NSR pollutants (or precursors) regulation under the CAA. 45CSR14 limits PSD applicability 

greenhouse gas-emitting sources by adopting the applicability thresEPA’s Tailoring Rule. Pursuant to CAA §165(a)(3), the WVDAQ is authorized to implemenpermit program in order to ensure that the construction and modstationary sources will not cause or contribute to a violation of the 

NAAQS (or any NAAQS or increment) in West Virginia or another stthe source impact analysis requirements of 45CSR§14-9.1 and 40 CPursuant to CAA §165(a)(4), a new or modified PSD source in amay have a SO2 emission limitation in a permit under 45CSR14 b

available control technology (BACT) analysis, and application oregulated NSR pollutant that has the potential to emit in signifaccordance with the control technology review requirements in 40 and as set forth in 45CSR14-8. 45CSR14 contains a significance level for SO2 of 40 tpy and signifi

of 1.0, 5.0 and 25.0 μg/m3 for annual, 24 and 3-hour averaging ti

45CSR14 also contains a de minimis air quality impact concentration 

a 24 hour averaging time and a maximum allowable pollutant concover baseline concentration of 20, 91 and 512 μg/m3 for annual arit

hour maximum and 3-hour maximum averaging times, respectively, iWest Virginia has timely submitted all structural PSD program provSIP submission deadline has passed, with the exception of the reinclusion of condensable emissions of particulate matter within ‘‘regulated new source review pollutant.’’ West Virginia will correct thit submits 45CSR14 as a SIP revision in June 2014. EPA has not proposed to amend the PSD regulations with regard t

SO2 NAAQS. However, West Virginia will revise its PSD program 

applicable EPA amendments of the SO2 PSD rules within three year

such amendments. 

§110(a)(2)(D) contain adequate provisions - 

(i) prohibiting, consistent with the provisions of this title, any source or other type of emissions activity within the state from emitting any air pollutant in amounts which 

Interference With Required Measures Under Part C: West Virg

new major sources and major modifications in the state are subject tPrevention of Significant Deterioration (PSD) permit program as 

approved rule 45CSR14 (77FR63736). This PSD program required of the CAA governs the preconstruction review and permitting 

stationary sources or major modification with respect to regulateunder the CAA, as well as any precursors to the formation of suc
§110(a)(2)(D) (continued) 

will- (I) contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to any such national primary or secondary ambient air quality standard, or (II) interfere with measures required to be included in the applicable implementation plan for any other State under part C to prevent significant deterioration of air quality or to protect visibility, (ii) ensuring compliance with the applicable requirements of sections 126 and 115 (relating to interstate and international pollution abatement); 

identified for regulation by EPA. 45CSR14 also limits PSD applicabgreenhouse gas-emitting sources by adopting the applicability threEPA’s Tailoring Rule. 45CSR14 regulates future growth and provide for continued mainte1-hour SO2 NAAQS. This rule includes specific federal requireme

that new or modified sources do not interfere with measures to pdeterioration of air quality by providing a mechanism to prevent thany new non-attainment problems. 45CSR14 requires the evaluatiopollutants and to preclude the construction or relocation of any major or major modification in any area classified as attaining NAAQS owhich the establishment of such source or modification may interfere the prevention of significant deterioration of air quality levels. Pursuant to CAA §165(a)(3), the WVDAQ is authorized to implemenpermit program in order to ensure that the construction and modstationary sources will not cause or contribute to a violation of the 

NAAQS (or any NAAQS or increment) in West Virginia or another stthe source impact analysis requirements of 45CSR§14-9.1 and 40 CPursuant to CAA §165(a)(4), a new or modified PSD source in amay have a SO2 emission limitation in a permit under 45CSR14 b

available control technology (BACT) analysis, and application oregulated NSR pollutant that has the potential to emit in signifaccordance with the control technology review requirements of 45CCFR §51.166(j). West Virginia has timely submitted all structural PSD program provSIP submission deadline has passed, with the exception of the reinclusion of condensable emissions of particulate matter within ‘‘regulated NSR pollutant.’’ West Virginia will correct this omission 45CSR14 as a SIP revision in June 2014. EPA has not proposed to amend the PSD regulations with regard t

SO2 NAAQS. However, West Virginia will revise its PSD program 

applicable EPA amendments of the SO2 PSD rules within three year

such amendments. In-state sources not subject to PSD for all NAAQS because nonattainment area also may have the potential to interfere with PSD or unclassifiable area of another state. West Virginia confirms that nand major modifications in non-attainment areas of the state anonattainment area new source review (NNSR) permit program und45CSR19. The purpose of this SIP-approved rule (71FR64468) 
§110(a)(2)(D) (continued) 

nonattainment area NNSR requirements in Part D of the CAA. 45Csignificance level for SO2 of 40 tpy and significant impact lev

concentration increase) of 1.0, 5.0 and 25.0 μg/m3 for annua

averaging times, respectively. A NNSR source in a SO2 non-atta

have a SO2 emission limitation in a permit under 45CSR19 bas

analysis. West Virginia has two partial counties (Brooke & Marshall) 

non-attainment areas.Interference With Measures Required to Protect Visibility: West to a RAVI FIP (*45132, [AD-FRL-3282-3], November 24, 1987). West Virginia confirms that new major sources and major modificatiosubject to a comprehensive PSD permit program as set forth in 45CSR14 (77FR63736). West Virginia confirms that new major sources and major moattainment areas of the state are subject to the nonattainment area (NNSR) permit program as set forth in SIP-approved rule 45CSR19 (West Virginia received partial approval of its Regional Haze SIP on 77FR16973. The SIP revision did not receive full approval solereliance on the Clean Air Interstate Rule.

Interstate and International Pollution Abatement: West Virginia that it has met its obligations pursuant to CAA §126(a) throug45CSR§14-7, Public Review Procedures (77FR63736) which remodified source to notify other states of potential impacts from a sowith 40 CFR §51.166(q)(2)(iv). No source or sources within Wesubject of an active finding under §126 of the CAA with respect to There are no final findings under §115 of the CAA against West Virgany air pollutant. 

§110(a)(2)(E)(i) provide 

(i) necessary assurances that the state (or, except where the 

Administrator deems inappropriate, the general purpose local government or governments, or a regional agency designated by the state or general purpose local governments for such purpose) 

Personnel: WVDAQ has demonstrated adequate personnel implementation plan with respect to the 2010 1-hour SO2 NAAQS. T

organizations in West Virginia that participate in developing, enforcing the SIP (40 CFR §51.240). The Secretary employs adequretains specialists under W.Va. Code §22-5-4(a)(8) that are "nececonvenient" to accomplish the statutory mandate to carry out the imWVDAQ has a staff of approximately 90 full time employees. The Director supervises the air monitoring, compliance and enforcementpermitting and planning sections, as well as three regional WVanswers to the WVDEP Cabinet Secretary. Because of the nature state economy, WVDAQ does not anticipate any changes in res
§110(a)(2)(E)(i) (continued) 

will have adequate personnel, funding, and authority under state (and, as appropriate, local) law to carry out such implementation plan (and is not prohibited by any provision of federal or state law from carrying out such implementation plan or portion thereof); 

necessary during the 5 years following SIP submittal; and projects need at 1, 3, and five year intervals (40 CFR §51.280). Funding: The APCA provides adequate funding under W.Va. Code 

22-5-4(a)(17) to carry out the implementation plan. W.Va. Code §22statutory operating permit requirements for stationary sources unCAA. 45CSR30 establishes fees sufficient to cover the direct anadministering the Title V operating permit program. The APCA aestablishment of fees to cover non-Title V permitting costs undeVirginia’s air quality program also receives revenue from fines settlements (Air Pollution Control Fund) and federal funds under §§CAA, and state general fund appropriations. Legal Authority: W.Va. Code §22-5-1, declares the state's policy "

responsibility for assuring air quality" pursuant to the CAA. The Secr

under W.Va. Code §§22-1-6(c)(1) and 22-5-4(a)(12) to carry out state in any and all matters pertaining to the implementation plan, incSIP as necessary. The Secretary has the authority under W.Va. C

“to do all things necessary and convenient to prepare and submit the implementation, maintenance and enforcement of the Federal 

The Secretary is not prohibited by any provision of federal or state 

out the implementation plan or portion thereof. The legal authoravailable to the Secretary at the time of submission of this SIP revisioWest Virginia has adopted emission standards and limitations an

necessary for attainment and maintenance of the NAAQS. The authority under W.Va. Code §§22-1-3(a), 22-5-4(a)(4) and 22-5-4(a)rules in accordance with the Administrative Procedures Act (W.Va. seq.). Approximately forty legislative rules promulgated under th

APCA are currently in effect and codified at Title 45 of the CSR, inchour SO2 NAAQS and NAAQS for other criteria pollutants containe

rule 45CSR8 (77FR65493). Statutory permitting requirements are Code §§22-5-11 & 12. West Virginia has an EPA-approved air perm

both major and minor facilities, under legislative rules 45CSR13, 45and 45CSR30 (as applicable). The Secretary is authorized to enforce applicable laws, regulatiounder W.Va. Code §§22-1-6(d)(3), 22-05-4(a)(5) and 22-05-4(a)(6), arelief under §22-5-7. The Secretary is authorized to abate pollutant emissions on an eprevent substantial endangerment to the health of persons. W.Vauthorizes the Secretary to issue an order to cease and desist any athe APCA. The Secretary may also suspend, modify or revoke 
§110(a)(2)(E)(i) (continued) 

Under §22-5-6, the Secretary may also institute lawsuits for civil authorizes the Secretary to seek applications for injunctive relief. 

the Secretary, with the written authorization of the Governor, to shu

SO2 emissions, thereby preventing the emission of air pollutants w

contributes to an emergency that requires immediate action to proteprovided in §§22-5-4(a)(2) and 22-5-10, the Secretary may consult 

accuracy of any information considered while executing authority un7 or -8. The Secretary is authorized to prevent construction, modification, facility, building, structure, or installation, or combination thereofindirectly results or may result in emissions of any air pollutant at will prevent the attainment or maintenance of a national standard. Nand major modifications in West Virginia are subject to PSD und45CSR14. The purpose of this West Virginia SIP approved rule satisfy the prevention of significant deterioration permit program requof the CAA. Under 45CSR14, “.....all applications filed by any pmajor new or modified stationary air pollution sources, intending to lair quality better than the levels set to protect the public health amight impact those areas, must adequately meet the pre-coprocedures and conditions of the Clean Air Act as amended ....”. specific federal requirements which ensure that new or modifieinterfere with measures to prevent significant deterioration of air qu

mechanism to prevent the development of any new non-atta45CSR14 requires the evaluation of sources of air pollutants anconstruction or relocation of any major stationary source or major area classified as attaining NAAQS or unclassifiable in which the estsource or modification may interfere with the goals of the prevedeterioration of air quality levels. Pursuant to W.Va. Code §22-5-4(a)(14), the Secretary is autinformation necessary to determine whether air pollution sources with applicable laws, regulations, and standards. Under §§22-5-44(a)(15), the Secretary is authorized to require recordkeeping. Undthe Secretary is authorized to and to make inspections and copollution sources. Under W.Va. Code §22-5-4(a)(15), the Secretary is authorized to operators of stationary sources to install, maintain, and use emdevices and to make periodic reports to the State on the naturemissions from such stationary sources. Under §22-5-10, the Secrto make such data available to the public as reported and as capplicable emission standards or limitations. 
§110(a)(2)(E)(ii) (ii) requirements that the state 

comply with the requirements respecting state boards under section 128, and 

State Boards Under Section 128: Because West Virginia does which approves permits or enforcement orders, this element is not ap

§110(a)(2)(E)(iii) (iii) necessary assurances that, 

where the state has relied on a local or regional government, agency, or instrumentality for the implementation of any plan provision, the state has responsibility for ensuring adequate implementation of such plan provision; 

Responsibility for Implementation of Assured Local Plan Provis

has not relied on any local or regional government, agency, or inst

implementation of any SIP provision for the 2010 1-hour SO2 NAA

will retain primacy with respect to any future plan that relies on 

governments, agencies or instrumentalities. By statute, West Vresponsibility for ensuring adequate implementation of such a pSecretary has the authority under W.Va. Code §22-5-4(a)(16) necessary and convenient to prepare and submit a plan implementation, maintenance and enforcement of the Federal Clean As set forth in W.Va. Code §22-1-1(b)(5), the WVDEP, “inenvironmental programs require state participation” must “endeacontinue state primacy in the administration of such fprograms,.....and to cooperate with appropriate federal agenvironmental goals.” 

§110(a)(2)(F) require, as may be prescribed by 

the Administrator -  (i) 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,  (ii) periodic reports on the nature and amounts of emissions and emissions-related data from such sources, and  (iii) correlation of such reports by the state agency with any emission limitations or standards 

Source Monitoring: W.Va. Code §22-5-4(a)(15) authorizes the Sthe installation, maintenance and replacement of equipment, and the other necessary steps by owners or operators of stationary sourcreport emissions of SO2 from such sources as the Secretary may pr

authority, West Virginia requires the installation, maintenance, pereplacement of monitoring equipment at stationary sources throuunder 45CSR13, 45CSR14, 45CSR19, 45CSR30, and via comaccordance with 40 CFR §51.212(a). The Secretary therefore has stpromulgated rules to periodically test stationary sources, in accord§51.212(a). W.Va. Code §22-5-4(a)(9) authorizes the Secretary to “enter and ins

premise or place on or at which a source of air pollutants is loconstructed, installed or established at any reasonable time foascertaining the state of compliance with this article and rules promThe Secretary therefore has statute authority to inspect statioaccordance with 40 CFR §51.212(a). W.Va. Code §22-5-4(a)(9) authorizes the Secretary to “enter and ins

premise or place on or at which a source of air pollutants is lo
§110(a)(2)(F) (continued) 

established pursuant to this Act, which reports shall be available at reasonable times for public inspection; 

constructed, installed or established at any reasonable time fo

ascertaining the state of compliance with this article and rules promThe Secretary has the authority under §§22-5-4(a)(1) & (3) “to dmeans for the regulation and control of pollution of the air of the ssuch studies and research relating to air pollution and its control an

Secretary has the authority under §§22-1-3(a), 22-5-4(a)(4) and 

promulgate rules in accordance with the Administrative Procedures §§ 29A3-1 et seq.) Visible emission limitations for particulate matter SIP-approved rules 45CSR2 (68FR47473) and 45CSR7 (68FR

enforcement personnel are certified in the visible emission testing p

in Method 9 of 40 CFR Part 60. The Secretary therefore has stavisible emission limitations by promulgated rule along with trained e

establishes a system to detect violations of promulgated rules and r

the enforcement of appropriate visible emission limitations, in accord

§51.212(b).

W.Va. Code §22-5-4(a)(6) authorizes the Secretary to “consider com

witnesses, administer oaths, make investigations and hold hearings 

therefore has statute authority to investigate complaints, in accord§51.212(b). West Virginia’s SIP contains enforceable test methods for each emisin the SIP. As an enforceable test method, West Virginia uses appr40 CFR Part 51, Appendix M, Recommended Test Methods for StaPlans; or an alternative method following review and approval of t

Administrator, or an appropriate method in Appendix A to 40 Cenforceable test methods are contained in permits issued under 45

45CSR30, and promulgated legislative rules as follows: 45CSR10 - The purpose of this SIP approved rule (68FR33002pollution from the emission of sulfur oxides. 45CSR10 contains 

sources of SO2 emissions in West Virginia. 

45CSR10A - This rule provides guidance and clarification for ctesting, monitoring, recordkeeping and reporting requirements of 45C45CSR16 - The purpose of this rule is to incorporate the fedPerformance Standards under Part A of the Clean Air Act and 40 current test methods for SO2 promulgated under 40 CFR Part 60 a

reference under 45CSR16 except any limitation or standard that mSubparts B, C, Ca, Cb, Cc, Cd, Ce, Ea, Eb, Ec, WWW, AAAA, BBBEEEE, FFFF, LLLL and MMMM. 45CSR18 - The purpose of this rule is to adopt standards of 
§110(a)(2)(F) (continued) 

establish emission guidelines and compliance times pursuant to §§the CAA for solid waste combustion sources in West Virginia. §111combustion sources in West Virginia are subject to any applicable 

promulgated under 40 CFR 60, Subparts Eb, AAAA, Ec, Ce, CCCC, LLLL. 45CSR30 - This rule establishes a permitting program pursuant to TAny major stationary source subject to test methods pursuant to 45C45CSR13, 45CSR14, 45CSR16, 45CSR18, 45CSR19, 45CSR33 or 

contained in a permit issued by West Virginia under its establishprogram. 45CSR33 - The Acid Rain Program under 45CSR33 requires mo

electric generating units. This rule establishes and adopts general operating permit program requirements for affected sources and affto the Acid Rain Program under Title IV of the CAA. This rule incorpothe test methods set forth in 40 CFR §75.22. 45CSR41 - This SIP approved rule (74FR38536) establishes test CAIR SO2 Trading Program pursuant to the federal Clean Air Inte

§110 of the CAA, 40 CFR Part 96, and 40 CFR §51.124 for staplans as a means of mitigating interstate transport of SO2. 

For the purpose of submitting compliance certifications or establishinperson has violated or is in violation of any standard in the SIP, Wethat the SIP does not preclude the use, including the exclusive usevidence or information, relevant to whether a source would have bwith applicable requirements if the appropriate performance or cprocedure had been performed. Periodic Reporting and Recordkeeping: W.Va. Code §§22-5-4(a)Secretary to require periodic reports on the nature and amounts emissions-related data from owners or operators of stationary so

data) of SO2. Under this authority, the Secretary requires periodic re

and emissions-related data from stationary sources through per45CSR13, 45CSR14, 45CSR19, 45CSR30, 45CSR33, 45CSR41 aorders. Therefore, the Secretary therefore has statute authority treports on the nature and amounts of emissions and emissions-relatWest Virginia’s SIP provides for legally enforceable procedures for roperators of stationary sources to maintain records of and periodSecretary, in accordance with 40 CFR §51.211. Such enforceabcontained in permits issued under 45CSR13, 45CSR14, 45CSR30legislative rules as follows: 
§110(a)(2)(F) (continued) 

45CSR10 - The purpose of this SIP approved rule (68FR33002pollution from the emission of sulfur oxides. 45CSR10 contains reporting requirements for sources of SO2 emissions in West Virginia

45CSR10A - This rule provides guidance and clarification for ctesting, monitoring, recordkeeping and reporting requirements of 45C45CSR16 - The purpose of this rule is to incorporate the fed

Performance Standards under Part A of the Clean Air Act and 40 current reporting and recordkeeping requirements for SO2 promulga

Part 60 are incorporated by reference under 45CSR16 except 

standard that may be included in Subparts B, C, Ca, Cb, Cc, CdWWW, AAAA, BBBB, CCCC, DDDD, EEEE, FFFF, LLLL and MMM45CSR18 - The purpose of this rule is to adopt standards of establish emission guidelines and compliance times pursuant to §§the CAA for solid waste combustion sources in West Virginia. §111combustion sources are subject to any applicable SO2 reporting 

requirement promulgated under 40 CFR 60, Subparts Eb, AAAADDDD, EEEE and LLLL. 45CSR30 – This rule establishes a permitting program pursuant to TAny major stationary source subject to enforceable SO2 reporting a

requirement pursuant to 45CSR10, 45CSR11, 45CSR13, 45C45CSR18, 45CSR19, 45CSR33 or 45CSR41 will be contained in a West Virginia under its established Title V permit program.

45CSR33 - The Acid Rain Program under 45CSR33 requirrecordkeeping of SO2 for electric generating units. This rule estab

general provisions and the operating permit program requirements foand affected units subject to the Acid Rain Program under Title IV of incorporates by reference the recordkeeping requirements of 40 CFF, and the reporting requirements under Subpart G. 45CSR41 - This SIP approved rule (74FR38536) establishes S

recordkeeping requirements for the CAIR SO2 Trading Program 

federal Clean Air Interstate Rule under §110 of the CAA, 40 CFR Pa§51.124 for state implementation plans as a means of mitigating inteSO2.

Pursuant to W.Va. Code §§22-5-4(a)(14), the Secretary is authorizinformation as the Secretary may require in a form or manner Secretary (emissions inventory program). West Virginia is subject t
§110(a)(2)(F) (continued) 

Reporting Rule (AERR) set forth in 40 CFR Part 51, Subpart A. W

inventory program provides source-specific emissions data to EPAERR reporting requirements and the source emissions and starequirements set forth in 40 CFR §§51.321-323. West Virginia assuchanges in reporting and inventory requirements associated with NAAQS. Correlation of Reports: As set forth in W.Va. Code §22-5-10, the 

available at reasonable times for public inspection the periodic eunder §§22-5-4(a)(14) & (15). The Secretary has the responsib

records, reports or information obtained by the WVDEP or refhearings under the provisions of the APCA available to the public, e

the records, reports or information are protected by confiden

45CSR31. The types of records, reports or information that §110(a)(2)(F) which WVDAQ routinely provides access to incinspection reports, notices of violation, enforcement orders, applicat

letters, sample results, monitoring reports, permits, approvals and dedata and calculations for SIP revisions. The detailed data and calcupreparation of SIP revisions are not considered part of the SIP. 

makes information available for public access through its website, bcopy reports available upon written request. CEMS emissions datAIRS and CAMD, and EPA may make such data available to the pubW.Va. Code §22-1-6(d)(3) authorizes the Secretary to “investigatstatutes or rules which the department is charged with enforcauthorizes the Secretary to correlate periodic emissions reports with 

limitation or standard established pursuant to 45CSR10, 45C45CSR18, 45CSR19, 45CSR30, 45CSR33, 45CSR41 or the CAA as to show the relationship between measured or estimated amountof such emissions allowable under the applicable emission limmeasures, in accordance with 40 CFR §51.116. Correlation with aplimitations or standards is relevant only for those reports of soureflect the test methods and averaging periods specified in aplimitations or standards. Thus, source reports of annual, ozone seasemissions used by WVDAQ to create the annual and triennial esubmission to the EPA under 40 CFR Part 51, Subpart A, in generabe correlated with specific emission limitations or standards, as mahave applicable emission limitations defined for those averaging peri

§110(a)(2)(G) provide for authority comparable 

to that in section 303 and adequate contingency plans to implement such authority; 

Comparable Authority to CAA §303: W.Va. Code §22-5-5 authorto issue an order to cease and desist any activity that violates the AAct. The Secretary may also suspend, modify or revoke a source’s 5-6, the Secretary may also institute lawsuits for civil penalties. §22
§110(a)(2)(G) (continued) 

Secretary to seek applications for injunctive relief. §22-5-8 authoriwith the written authorization of the Governor, to shut down a source 

thereby preventing the emission of air pollutants which substantiallemergency that requires immediate action to protect public healt§§22-5-4(a)(2) and 22-5-10, the Secretary may consult with EPA to 

any information considered while executing authority under §§22-5-5Contingency Plans for Emergency Episodes: West Virginia satibe classified a Priority III Region under 40 CFR §51.150(f) for SO2, a

the criteria set forth in 40 CFR §§51.150(a)-(e). Pursuant to 40 CFR classified as Priority III do not need to develop emergency episplans. However, the purpose of West Virginia SIP approved rule 45CSR11 prevent air pollution emergency episodes in accordance with 40 CFH by providing a mechanism to prevent the buildup of air pollutduring periods of adverse meteorological conditions in which aaccumulate, thereby preventing the occurrence of an emergency duthese pollutants on health. To achieve this purpose, three (3) (pollutant concentration levels) have been established and specific plans will be developed which will be initiated at each criteria stage deterioration of the air supply to any air quality region or substant45CSR11 contains episode criteria, methods of measurement, prestrategies and emission reduction plan requirements for sources of 

West Virginia. 

§110(a)(2)(H) provide for revision of such plan- 

(i) from time to time as may be necessary to take account of revisions of such national primary or secondary ambient air quality standard or the availability of improved or more expeditious methods of attaining such standard, and (ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the basis of information available to the Administrator that the plan is substantially inadequate to attain 

Revision of the NAAQS: To satisfy the SIP revision provisions s§51.104, W.Va. Code §22-5-4(a)(16) authorizes the Secretary necessary and convenient to prepare and submit a plan for th

maintenance and enforcement of the CAA. WVDAQ has historicalcontinue to revise its NAAQS rules as necessary to take account national primary or secondary ambient air quality standards or expeditious methods of attaining the standards. Below are brexamples of how West Virginia has promulgated various version45CSR8 to incorporate revisions to the primary and secondary NAAQOn February 10, 2009, West Virginia received full SIP approval of its 45CSR8 (74FR6552). This rule contains ambient air quality standpollutants, including the 2006 PM2.5 NAAQS, equivalent to the na

secondary ambient air quality standards established under §109 promulgated by EPA under 40 CFR Part 50 through June 1, 2007. The 2009 version of 45CSR8 includes the revised the 8-hour prim
§110(a)(2)(H) (continued) 

the national ambient air quality standard which it implements, or to otherwise comply with any additional requirements established under this Act; 

ozone NAAQS. Revisions to the rule also include deletion of referen

one-hour ozone NAAQS. EPA announced reconsideration of the 

secondary ozone standards on September 16, 2009. Subsequentadvised the WV DAQ that 45CSR8 may not be approvable into the 

ozone standard was under reconsideration. At the request of EPA R

was withdrawn as a revision to the SIP on November 16, 2009. The 2010 version of 45CSR8 included the revised national primary aNAAQS and deletion of redundant methods of measurement languaEPA Region III advised the WV DAQ that the 2010 version of 45approvable into the SIP because the ozone standard was under recorequest of EPA Region III, 45CSR8 was not submitted as a revision t

West Virginia submitted a NAAQS SIP revision to EPA on July 8, 2

the 2011 version of NAAQS rule 45CSR8 provide for incorporation NAAQS as promulgated by the EPA as of June 1, 2010, rather tNAAQS in the rule. EPA has revised the primary nitrogen diox

45CSR8 incorporates by reference the 2010 1-hour NO2 NAAQS. 

2012, West Virginia received full SIP approval of 2011 rule 45CSR8 West Virginia submitted a NAAQS SIP revision to EPA on June 6, 2

the 2012 version of the rule incorporate by reference the 2010 1-

Specifically, EPA established a new 1-hour SO2 standard at a lev

billion (ppb), based on the 3-year average of the annual 99th percen

maximum concentrations. West Virginia received full SIP appro45CSR8 (77FR65493). Inadequate Plan: W.Va. Code §22-5-4(a)(16) authorizes the Secretnecessary and convenient to prepare and submit a plan for thmaintenance and enforcement of the CAA. When, if ever, EPA 

substantially inadequate to attain the NAAQS which it implemencomply with the CAA, West Virginia will revise the plan as necessary 

§110(a)(2)(J) meet the applicable requirements 

of section 121 (relating to consultation) and section 127 (relating to public notification)and part C (relating to prevention of significant deterioration of air quality and visibility protection) 

Consultation: The Air Pollution Control Act provides adequate aut

Code §22-5-4(a)(2) for West Virginia’s practices of consugovernments, organizations and Land Managers regarding implemen

quality maintenance requirements, preconstruction review of nonattainment requirements, prevention of significant deterioration 

assessment of civil penalties, in accordance with §121 of the CAA. FSO2 NAAQS, West Virginia’s permitting program includes three S

minor NSR rule 45CSR13 (68FR9559), PSD rule 45CSR14 (77FRNSR rule 45CSR19 (71FR64468). West Virginia also has an operating permit program (66FR50325). WVDEP has previously 
§110(a)(2)(J) (continued) 

commitment to such consultation through encouragement and suAction Compact, and through Federal Land Manager consultation foHaze SIP. 

Public Notification: W.Va. Code §22-1-12 provides authority for the 

of primary NAAQS exeedances and education efforts as required band §127 of the CAA. §22-4-(a)(10) provides authority for the WVDAhealth hazards associated with an exceedance of a primary NAAwhich presents an imminent and serious hazard to public health. Each year, WVDAQ issues a comprehensive West Virginia Air QuaThe report provides air quality highlights from the previous year, pcriteria pollutants and their effects on health, and tracks the Air Qreport also compares monitored air quality data with the NAAQS anNAAQS exeedances. The report enhances the public’s awareness prevent such exceedances, and provides educational website links tair quality, links to technical websites, regulatory and outreach effowith 40 CFR §51.285 and §127 of the CAA. 

Preconstruction PSD Permitting of Major Sources: The PrevenDeterioration program contained in Part C of Title I of the CAA govereview and permitting of any new or modified major stationary sourceregulated under the CAA as well as any precursors to the formatiowhen identified for regulation by EPA. The PSD program will reguand provide for continued maintenance of the 2010 1-hour SO2 NAA

West Virginia’s PSD program is set forth in SIP approved rule 45CSR45CSR14 implements a comprehensive PSD permit program as requof Title I of the CAA for all regulated NSR pollutants (or precursors) regulation under the CAA. 45CSR14 limits PSD applicability greenhouse gas-emitting sources by adopting the applicability thresEPA’s Tailoring Rule. Pursuant to CAA §165(a)(3), the WVDAQ is authorized to implemenpermit program in order to ensure that the construction and modstationary sources will not cause or contribute to a violation of the 

NAAQS (or any NAAQS or increment) in West Virginia or another stthe source impact analysis requirements of 45CSR§14-9.1 and 40 CPursuant to CAA §165(a)(4), a new or modified PSD source in amay have a SO2 emission limitation in a permit under 45CSR14 b

available control technology (BACT) analysis, and application oregulated NSR pollutant that has the potential to emit in signifaccordance with the control technology review requirements in 40 
§110(a)(2)(J) (continued)

and as set forth in 45CSR§14-8. 45CSR14 contains a significance level for SO2 of 40 tpy and signifi

of 1.0, 5.0 and 25.0 μg/m3 for annual, 24 and 3-hour averaging ti

45CSR14 also contains a de minimis air quality impact concentration 

a 24 hour averaging time and a maximum allowable pollutant concover baseline concentration of 20, 91 and 512 μg/m3 for annual arit

hour maximum and 3-hour maximum averaging times, respectively, iWest Virginia has timely submitted all structural PSD program provSIP submission deadline has passed, with the exception of the reinclusion of condensable emissions of particulate matter within ‘‘regulated new source review pollutant.’’ West Virginia will correct thit submits 45CSR14 as a SIP revision in June 2014. EPA has not proposed to amend the PSD regulations with regard t

SO2 NAAQS. However, West Virginia will revise its PSD program 

applicable EPA amendments of the SO2 PSD rules within three year

such amendments. 

Visibility Protection: There are no new applicable visibility prounder §110(a)(2)(J) as a result of the 2010 1-hour SO2 NAAQS. A

interpretation of the CAA, the visibility element of section J doeaddressed. 

§110(a)(2)(K) provide for: 

(i) the performance of such air quality modeling as the Administrator may prescribe for the purpose of predicting the effect on ambient air quality of any emissions of any air pollutant for which the Administrator has established a national ambient air quality standard, and (ii) the submission, upon request, of data related to such air quality modeling to the Administrator; 

Air Quality Modeling: W.Va. Code, §§22-5-4(a)(1)&(3), authorize“develop ways and means for the regulation and control of pollutiostate” and “conduct such studies and research relating to air polluand abatement”. Inherent in Secretary’s authority is the capability to conduct nmodeling required under the CAA set forth in the SIP-approved 

source impact and modeling requirements of 45CSR14-§§9 and 10, 40 CFR §§51.166(k) and (l). All applications of air quality modeling, 

for PSD purposes shall be based on the applicable air quality modeother requirements specified in the Appendix W of 40 CFR Part 51 Quality Models). Pursuant to 45CSR14-§10.2, where an air qua

specified in Appendix W of 40 CFR Part 51 is inappropriate, thmodified or another model substituted, provided that the modificatioapproved in writing by the Administrator. Also inherent in The Secretary’s authority is the capability to codemonstrate attainment of the NAAQS, as required under the Part 
§110(a)(2)(K) (continued)

as prescribed by the Administrator. Air quality modeling is an ipreparing the attainment plan required for nonattainment areas undof the CAA. Such plans are not required to be submitted as part oSIP. However, there is an obligation for the infrastructure SIP from aa designated nonattainment area for a new or revised NAAQS 

performance of the air quality modeling that will be needed to prepdemonstration plan. A source-oriented dispersion model such as AE

quality model that will be used to demonstrate the adequacy of a provide for the timely attainment and maintenance of the NAAQS, p

§§51.112 and 51.115(b). WVDAQ employs one full time technical employee who is responsmodeling. WVDAQ also participates in regional planning organizaSoutheastern Modeling Analysis and Planning project, which 

modeling for member states. West Virginia will perform modeling, the CAA to demonstrate attainment of the 2010 1-hour SO2 NAAQS. 

Submission of Data: W.Va. Code §§22-5-4(a)(2), 22-5-10 authorizes the Secretary to submit, upon request by the Administrapredicting the effect on ambient air quality of any emissions of awhich the Administrator has established a national ambient air quaVirginia will submit to EPA current and future air quality modeling relevant SIP submissions and through Federal grant commitments oEPA may request. West Virginia can also provide relevant data as implementation process. 

§110(a)(2)(L) require the owner or operator of 

each major stationary source to pay to the permitting authority, as a condition of any permit required under this Act, a fee sufficient to cover- (i) the reasonable costs of reviewing and acting upon any application for such a permit, and (ii) if the owner or operator receives a permit for such source, the reasonable costs of implementing and enforcing the terms and conditions of any such 

Permit Fees for Permit Review, Implementation and Enforcemehas an approved Title V operating permit program under 45CSR30 (granted final full approval effective on November 19, 2001. The Title fees which satisfy the fee determination and certification requiremeCFR §70.9 are contained in the rule at 45CSR§30-8. The collecte

sufficient to cover permit review, and implementation and enforcemeand conditions. Because the fee requirement in §110(a)(2)(L) has been superseapproved fee program under Title V, infrastructure SIP submpromulgation of a new or revised NAAQS do not currently need to 

provisions for the fee requirements under this section. Therefore, We

approved Title V operating permits program (and its collection o

pursuant to 40 CFR §70.9) demonstrates that the Element L ferequired.
permit (not including any court costs or other costs associated with any enforcement action), until such fee requirement is superseded with respect to such sources by the Administrator's approval of a fee program under title V; 

§110(a)(2)(M) provide for consultation and 

participation by local political subdivisions affected by the plan; 

Consultation: The Secretary has the authority under W.Va. Code do all things necessary and convenient to prepare and submit a plimplementation, maintenance and enforcement of the Federal CUnder this statute, and pursuant to the General Plan Requirements §51.240, the WVDAQ is the organization authorized to develop, implthe SIP. §22-5-4(a)(2), authorizes the Secretary to advise, consult a

local political subdivisions affected by the implementation plan. WVlocal governments, organizations and Land Managers with development. WVDAQ also consults with such entities regarding implementation pmaintenance requirements, preconstruction review of direct sourcrequirements, and prevention of significant deterioration. 

Notice and Opportunity for Public Hearing: In accordance procedural requirements at 40 CFR §51.102, any plan or plan revcompliance schedule, prepared by WVDAQ is subject to a 30 day pwith public hearing, or in cases where there is little anticipated p

opportunity for a public hearing. West Virginia legislative rules wpublic notice procedures include permitting rules 45CSR13, 45CSR

45CSR30.