SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST

(in accordance with 40 CFR Part 51 - App. V)

SIP Submitted by: West Virginia Department of Environmental Protection

Date Submitted: December 12, 2012

Subject: 2010 1- hour Nitrogen Dioxide National Ambient Air Quality Standard (NAAQS) Infrastructure State Implementation Plan 

(SIP) Revision

Completeness Review 

Completed by: Jacqueline Lewis

Date Completed: January 17, 2013

Administrative Materials

 ACCEPTABLE

EPA REQUIREMENT STATE SUBMITTAL (X)

1. A formal letter of submittal from the Governor or his designee, 

requesting EPA approval of the plan or revision thereof.

1. Letter dated December 12, 2012 from Randy 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 in 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 date.

2. Applicable 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 Virginia 

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 copy 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 by the appropriate State 

official indicating that it is fully enforceable by the State. The 

effective date of the regulation/document shall, whenever possible, 

be indicated in the document itself.

4. State regulations have been previously approved for the West 

Virginia SIP and 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 12, 

2012 and copies of public hearing notices meet this requirement.

 X

6. Evidence that public notice was given of the proposed change 

consistent with procedures approved by EPA, including the date of 

publication of such notice.

6. Public notice was provided on Nov. 12, 2012 in 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. Identification of all regulated pollutants affected by the plan. 1. Yes the plan regulates NO2. X

2. Identification of the 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 changes 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 differences between certain baseline levels and 

allowable emissions anticipated as a result of the revision.

3. This SIP submittal does not modify existing emission limits. X

4. The State's demonstration that the national ambient air quality

standards, prevention 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 visibility. 

 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 models used, assumptions, and other 

information relevant to the determination of adequacy of the 

modeling analysis.

5. The authority to do modeling is discussed in the revision 

under Element K. 

 X

6. Evidence, where necessary, that emission limitations are 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 practice 

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 strategies, including how compliance 

will be determined in practice.

8. West Virginia had compliance/enforcement strategies as 

indicated in their SIP 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 years after redesignation.

10. NA X