**SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST** (in accordance with 40 CFR Part 51

- App. V)
SI P Submitted by : West Virginia Department of Environment al Protection Date Submitted: December 12, 2012 Subject: 2010 1

- hour Nitrogen Di oxide National Ambient Air Quality S tandard (NAAQS) Infrastructure S tate I mplementation P lan (SI P) Revision Completeness Review Completed by : Jacqueline Lewis Date Completed: January 17 , 201 3
**Administrative Materials ACCEPTABLE** 

**EPA REQUIREMENT STATE SUBMITTAL**  **(X)** 1. A formal letter of submittal from the Governor or his designee, requesting EPA approval o f the plan or revision thereof. 1. Letter dated December 12, 2012 from Rand y C . Huffman Cabinet Secretary , West Virginia Department of Environmental Protection to Shawn Garvin Regional Administrator. X

2. Evidence that the State has adopted the plan i n the State code or body of regulations; or issued the permit, order, consent agreement in final form. That evidence shall include the date of adoption or final issuance as well as the effective date of the plan, if different from the adoption/issuance da te. 2. A pplicable regulations included in the submittal are in West Virginia code

. X

3. Evidence that the State has the necessary legal authority

under State law to adopt and implement the plan. 3. Yes West Virginia has authority pursuant to West Virgi nia Code SS 22

- 1

- 3(a), 22

- 5

- 4(a)(4) and 22

- 5

- 4(a)(17) to promulgate rules in accordance with the Administrative procedures Act (WVA Code SS 29A3

- 1 et.seq) which are included in the submittal. X**EPA REQUIREMENT STATE SUBMITTAL**  **(X)** 4. A cop y of actual regulation, or document submitted for approval and incorporation by

reference into the plan, including indication of the changes made to the existing approved plan, where applicable. The submittal shall be a copy of the official State regulation/document signed, stamped, dated b y the appropri ate State official indicating that it is fully enforceable b y the State. The effective date of the regulation/document shall, whenever possible, be indicated in the document itself. 4. State regulations have been previousl y approved for the West Virginia SI P a nd are being certified or referenced in the submittal. X

5. Evidence that the State followed all of the procedural requirements of the State's laws and constitution in conducting and completing the adoption/issuance of the plan. 5. Cover letter transmitting the SIP revision dated December 1 2, 2012 and c opies of public hearing notices meet this requirement

. X

6. Evidence that public notice was given of the proposed change consistent with procedures approved b y EPA, including the date of public ation of such notice. 6. Publi c notice was provided on Nov. 12 , 2012 i n the West Virginia Register. X

7. Certification that public hearings were held in accordance with the information provided in the public notice and the State's laws and constitution , if applicable. 7. The public hearing was tentatively scheduled for December 10, 2012, but was cancelled when no one requested a hearing.. X

8. Compilation of public comments and the State's response thereto. 8. No public comments were received. X**Technical Materials EPA REQUIREMENT**  **STATE SUBMITTAL (X)** 

1. I dentification of all regulated pollutants affected by the plan. 1. Yes the plan regulates NO 2 . X 2. I dentification of th e locations of affected sources including the EPA attainment/nonattainment designation of the locations and the status of the attainment plan for the affected area(s). 2. Most regulations apply statewide as applicable. X

3. Quantification of the chan ges in plan allowable emissions from the affected sources; estimates of changes in current actual emissions from affected sources or, where appropriate, quantification of changes in actual emissions from affected sources through calculations of the differe nces between certain baseline levels and allowable emissions anticipated as a result of the revision. 3. This SI P submittal does not modify existing emission limits. X

4. The State's demonstration that the national ambient air quality standards, prev ention of significant deterioration increments, reasonable further progress demonstration, and visibility , as applicable, are protected if the plan is approved and implemented. 4. The submittal included demonstration relating to NAAQS, PSD, RFP and vis ibility

. X

5. Modeling information required to support the proposed revision, including input data, output data, models used, ambient monitoring data used, meteorological data used, justification for use of offsite data (where used), modes of mode ls used, assumptions, and other information relevant to the determination of adequacy of the modeling analy sis. 5. The authorit y to do modeling is discussed in the revision under Element K. X

6. Evidence, where necessary , that emission limitations ar e based on continuous emission reduction technology

. 6. West Virginia has adopted control measures and emission limitations that are listed in 40 CFR Part 52 Subpart XX West Virginia. X

7. Evidence that the plan contains emission limitations, work pr actice standards and recordkeeping/reporting requirements, where necessary , to ensure emission levels. 7. West Virginia has emission limitations and controls as indicated in 40 CFR Part 52 Subpart XX West Virginia. X**EPA REQUIREMENT STATE SUBMITTAL**  **(X)**

8. Compliance/enforcement strate gies, including how compliance will be determined in practice. 8

. West Virginia had compliance/enforcement strategies as indicated in their SI P at 40 CFR Part 52 Subpart XX West Virginia. X

9. Special economic and technological justifications required by any applicable EPA policies. (If a policy is not appropriate, explain why .) 9. NA X 10. A Section 107 request must be accompanied by a maintenance plan demonstrating maintenance to the relevant NAAQS for at least 10 y ears after redesignation. 10. NA X