SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST

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

SIP Submitted by: West Virginia Department of the Environmental Protection

Date Submitted: July 8, 2011

Subject: Amendments to the Ambient Air Quality Standards (45CSR8)

Completeness Review 

Completed by: Asrah Khadr 

Date Completed: October 31, 2011

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 April 25, 2008 from Randy C. Huffman, 

Cabinet Secretary, West Virginia Department of Environmental 

Protection (DEP) to Shawn M. Garvin, Region III 

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. Legislative Rule was filed by the West Virginia DEPDivision of Air Quality on July 28, 2010, in accordance with 

the West Virginia Legislature and 40 CFR Part 51. Effective 

date of the revision is June 16, 2011.

X

3. Evidence that the State has the necessary legal authority

under State law to adopt and implement the plan.

3. Revision adopted pursuant to section 22-5-4 of the W. Va 

Code.

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. West Virginia DEP – Division of Air Quality, Title 45 series 

8, 45CSR8, Ambient Air Quality Standards filed by the West 

Virginia Legislature on July 28, 2010, and effective on June 16, 

2011. 

X
EPA REQUIREMENT STATE 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. A letter dated June 9, 2010 from Randy C. Huffman, 

Cabinet Secretary, West Virginia Department of Environmental 

Protection (DEP) to Diana Esher, Air Protection Division, EPA 

Region III. Reporter’s Certification for the public hearing. 

Copy of public hearing notice run in the Charleston 

Newspapers on June 11, 2010.

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. Notice for public hearing ran in Charleston Newspapers on 

June 11, 2010.

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. In Charleston Newspapers on June 11, 2010, the public 

notice provided the date and time of the public hearing; 

Certification of Public Participation Activities via the public 

hearing’s Reporter’s Certification. 

X

8. Compilation of public comments and the State's response 

thereto.

8. Public hearing’s Reporter’s Certification, no oral comments 

were received; but written comments were received and 

addressed by the West Virginia DEP. 

X
Technical Materials

EPA REQUIREMENT STATE SUBMITTAL (X)

1. Identification of all regulated pollutants affected by the plan. 1. Sulfur dioxide, particulate matter, carbon monoxide, ozone, 

nitrogen dioxide, lead and any other national ambient air 

quality standards set by EPA. 

NA

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. Not applicable. NA

 

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. Not applicable. NA

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 SIP revision establishes ambient air quality standards 

equivalent to the national primary and secondary ambient air 

quality standards established under section 109 of the Clean Air 

Act, and promulgated by the EPA under 40 CFR Part 50.

NA

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. Not applicable. NA

6. Evidence, where necessary, that emission limitations are 

based on continuous emission reduction technology.

6. Not applicable. NA

7. Evidence that the plan contains emission limitations, work 

practice standards and recordkeeping/reporting requirements, 

where necessary, to ensure emission levels.

7. Not applicable. NA
EPA REQUIREMENT STATE SUBMITTAL (X)

8. Compliance/enforcement strategies, including how 

compliance will be determined in practice.

8. Not applicable. NA

9. Special economic and technological justifications required 

by any applicable EPA policies. (If a policy is not appropriate, 

explain why.)

9. Not applicable. NA

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. Not applicable. NA